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Regulation Of Agricultural Entrepreneurs, The Waiver Of The Aid

Original Language Title: Asetus maatalousyrittäjien luopumistuesta

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Regulation on the withdrawal of agricultural undertakings

See the copyright notice Conditions of use .

The presentation of the Minister for Agriculture and Forestry is governed by the Law of 16 December 1994 on the withdrawal of agricultural undertakings (1293/94) Pursuant to:

General provisions
ARTICLE 1 (30.3.2000)

For the purposes of this Regulation

(1) the renunciation of the law on the withdrawal of agricultural undertakings; (1293/1994) ; and

(2) the pension institution of the farmers' pension scheme (467/1969) Of the European Agricultural Fund for Rural Development.

ARTICLE 2 (30.3.2000)

The agriculture referred to in Article 2 (1) (3) shall be considered as:

1) arable crops;

2) livestock farming and other animals;

3) the production of greenhouse gases, vegetable growing, the cultivation of berries and fruit and other horticulture;

(4) fish farming;

(5) apiculture;

(6) reindeer economy;

(7) professional hunting;

(8) professional berries and mushrooms; and

(9) other forms of animal husbandry, production of meat and other animal products and of cereals and other live plants and other production activities of the products listed in Annex I to the Treaty establishing the European Community.

Articles 3 to 3g

Articles 3 to 3g have been repealed by A 30.3.2000/369 .

Conditions for the recovery of aid (4.4.1996/231)
§ 4

As a donation within the meaning of Article 8 (1) of the waiver, the following shall not be considered:

(1) extradition which may be attributed to overriding financial difficulties;

(2) the surrender to the transferor referred to in Article 9 of the waiver, if the waiver is made by handing over the holding of the holding to the same transferee;

(3) extradition which has improved the ability of other agricultural undertakings in the area to engage in agriculture and has not understood the arable area of the holding which is the subject of more than a quarter; the arable area is considered to be a field in which the sector is abandoned; and

(4) the transfer to the municipality or State for any purpose other than land where the municipality or the State had been entitled to protect the natural (22/23) , the construction (13,058) Or of the general (243/54) Redeem the donated area.

§ 5 (30.3.2000)

The farm which is the subject of the waiver is also considered to be part of the arable land leased out of it, unless it is possible, on the basis of their location or for other similar reasons, to be kept separate from the farm concerned.

The farm is considered to be located in the municipality where its economic centre is located.

ARTICLE 6 (30.3.2000)

In considering the professional competence of the transferee in the cases referred to in Article 9, the professional skills acquired through both training and practical experience shall be taken into account. Adequate skills shall be considered to be at least upper secondary vocational training or other equivalent training. If the transferee does not have the training referred to above, he shall be required to have at least three years'work experience in the field of agricultural activity and at least 20 study weeks' training in the field of activity or the activities of the reindeer undertaking Where appropriate and for which at least 10 study weeks shall include financial training. Compliance with the training requirement may also be demonstrated by an apprenticeship or an examination certificate.

If the transferee does not fulfil the requirement of professional competence referred to in paragraph 1, the maximum period of grace may be given for the following two calendar years to acquire sufficient skills. A description of the fulfilment of the skills condition shall be provided to the pension institution within two months of the expiry of the time limit.

The work experience includes the practice of farming on its own or in the common account, as a family member or as an agricultural worker.

§ 7 (30.3.2000)

The income of the transferee, as referred to in Article 9 (1) (3) of the waiver, shall not exceed eur 50 000 per year from the farm economy and ancillary activities carried out by the holding. In this case, the income of the transferee shall be deemed to be the result of any other gainful activity other than that of the rural economy (329/1999) For the pursuit of the business or profession referred to in paragraphs 2 to 4. (2122004/1053)

The estimate of the amount of revenue and the permanent nature of the revenue shall be made when the granting of the waiver is granted. The starting point shall be the taxable income of the transferee for the last two calendar years. In addition, the assessment shall take account of a statement by the transferee of changes in revenue and the permanent nature of the income.

§ 8 (30.3.2000)

The economic viability of the holding referred to in Article 9 (1) (4) of the waiver shall take account, in particular, of the profitability, continuity of the holding, the financial position of the undertaking and the capacity to pay and the products and The marketing potential of services.

The farm shall be considered economically viable if the calculation made for the next calendar year for the following calendar year indicates that the holding of the holding of a farm for each year shall be at least eur 9 000. In this case, the income of the holding shall be the income of agricultural holdings, the entrepreneurial income derived from the holding by the transferee and the forestry industry, which shall be based on the income corresponding to the sustainable yield of the forest. Agricultural income is calculated by reducing the variable and fixed costs, depreciation and interest rates on agricultural imports from agriculture. The entrepreneurial income from the farm-related activities shall be calculated in the same way as agricultural income. However, the depreciation of the agricultural sector is at least eur 3 000 per year.

In order to demonstrate economic viability, the transferee shall provide a statement of the facts referred to in paragraphs 1 and 2. The calculation referred to in paragraph 2 shall be drawn up on the basis of the accounting records of the two calendar years preceding the application of the waiver or any other reliable report. If the transferee changes the production of the holding or takes other measures affecting the viability of the holding, the calculation shall be drawn up on the basis of other reliable reports. The documents from which the main basic information of the calculation is shown shall be annexed to the calculation.

Where a farm does not meet the conditions of economic viability at the time of abandonment, the transferee shall submit a plan for measures to achieve economic viability no later than three years following the date of the waiver. And the calculation referred to in paragraph 2, drawn up on the basis of planned measures. The report on the implementation of the measures shall be submitted to the pension institution no later than two months after the expiry of the deadline.

§ 9 (30.3.2000)

The requirement referred to in Article 9 (1) (5) of the waiver requires that the farm meet the requirements of European Community legislation on animal welfare, hygiene and the environment. In addition, the transferee must comply with the provisions set out above, or the Ministry of Agriculture and Forestry, in terms of environmental requirements, after consulting the Ministry of the Environment, have been expressly ordered by the relevant laws. The Ministry of Agriculture and Forestry shall keep a list of the acts and regulations required to comply with the provisions of this Regulation. Aid shall not be granted where the information on the application makes it possible to conclude that the above requirements are not met.

Where the farm does not meet the minimum standards for the environment, hygiene and animal welfare at the time of abandonment, the transferee shall submit a plan for measures to meet the minimum requirements referred to above: The moment of abandonment over the next three years. However, if the question is the animal protection law (247/1996) Or of acts adopted pursuant thereto, the time limit shall be adopted only in accordance with the provisions of the said legislation. The settlement of compliance with the conditions shall be provided to the pension institution no later than two months after the expiry of the time limit.

ARTICLE 10 (30.3.2000)

Paragraph 10 has been repealed by A 30.3.2000/369 .

ARTICLE 11 (30.3.2000)

For the purposes of Article 9 (2) of the waiver, the minimum size of the staircase, which is to be formed as a result of generational transmission, shall consist of 80 reindeer.

ARTICLE 12

If the renunciation is carried out within the meaning of Article 10 of the waiver, the farm of the transferee shall be situated at a distance from the arable land to be surrendered in a distance that is possible.

Paragraph 2 has been repealed by A 30.3.2000/369 .

ARTICLE 13 (30.3.2000)

Paragraph 13 has been repealed by A 30.3.2000/369 .

ARTICLE 14 (2002/593)

§ 14 has been repealed by L 12.7.2002/593 .

§ 15 (30.3.2000)

The transferor and his/her spouse, referred to in Article 16 (a) of the waiver, shall not exceed three.

Articles 16 to 16c

Articles 16 to 16c have been repealed by A 30.3.2000/369 .

Application for recovery aid
ARTICLES 17 TO 18

Articles 17 to 18 have been repealed by L 30.12.2004 1389 .

Settlement of the application and payment of the waiver
§ 19 (30.12.2004)

§ 19 has been repealed by L 30.12.2004 1389 .

§ 20 (30.3.2000)

Paragraph 20 has been repealed by A 30.3.2000/369 .

ARTICLE 21

The amount of the waiver shall be paid monthly to the applicant's financial institution to the account he has indicated.

§ 22 (30.3.2000)

The beneficiary of the waiver shall be required to inform the pension institution:

(1) the fact that he has been awarded the pension or pension fund referred to in Article 23 of the apostasy law; (395/1961) The benefit referred to in paragraph 1;

2) entering into gainful employment, from which the earned income is at least equal to the amount of money referred to in Article 25 (1) of the Act of renunciation, or the increase in earnings from gainful employment, at least equal to the amount of the earned income;

(3) the change of work and conditions on the farm, so that the main responsibility for the exercise of agriculture must be considered to have been transferred to the beneficiary within the meaning of Article 25 (2) of the Adequate Act;

(4) entering into commercial agriculture or performing forestry activities in contravention of Article 7 of the waiver; and (30.12.2002/1362)

(5) a change in the family relationship or any other change in circumstances which, according to Article 19 (1) or (4) of the renunciation Act, affects the amount of the waiver. (30.12.2002/1362)

ARTICLE 23

In accordance with Article 25 of the waiver aid, the suspension shall be granted on the basis of the written notification of the beneficiary, including, where he is entitled to receive aid, not retroactively for a period of six months prior to the notification. The notification shall be accompanied by an explanation of the fact that, in the case referred to in Article 25 (1) of the apostasy law, the income in question falls below the amount referred to in that provision or, in the case referred to in paragraph 2 of that provision, the main responsibility Agricultural activity is other than the beneficiary.

§ 24 (2002/593)

§ 24 has been repealed by L 12.7.2002/593 .

ARTICLE 25

The entitlement to the waiver shall cease from the beginning of the month following the date of death of the beneficiary.

Outstanding provisions
§ 26

In the context of the deliberations of the Committee on Pensions, which essentially depends on the application of the provisions of the waiver or of the provisions or provisions adopted pursuant to it, there shall be at least one of the members of the entry into force of Article 18. The person referred to in paragraph 1.

§ 27

The pension institution shall inform the Pension Security Centre without delay of the start and termination of the waiver. The pension institution shall also provide the Pension Protection Centre with other information on the waiver, as specified by the Pension Security Centre.

ARTICLE 28 (21.7.2006/613)

§ 28 has been repealed by L 21.7.2006/613 .

§ 29

If the certificate of supply of a pension institution is issued in the context of a mechanical data processing or otherwise at least partially by means of a printing method, it may be signed on a machine-readable basis.

ARTICLE 30

By 25 November each year, the Ministry of Agriculture and Forestry shall fix the amount of the advance referred to in Article 38 (3) of the renunciation Act for the following calendar year. No later than 25 June each year, the Ministry shall fix the amount of the costs of the waiver referred to in paragraph 1 of that Article for the preceding calendar year and, at the same time, to revise the amounts of the advances from the latter year. The spouse. In addition, at the latest on 25 November each year, the Ministry shall check the amount of the advance payment to be made at Christmas.

The advance shall be set at 12 equal monthly instalments. According to paragraph 1, an increase or reduction of the elapsed time shall be allocated to the time limit for the remaining period. The advance shall be available to the pension institution for the first working day of each month in which the payment systems used by the banks in general in their mutual payments are in place. (31.1.2001/91)

The difference between the amount paid in advance and the amount to be paid by the State fixed for the same year shall be taken into account in the payment of the amount of the advance for the following tranche.

However, if, according to Article 1 (1) of the December tranche, it is clear that the advance has already been made before the date of the revision, the difference between the amount paid and the amount to be paid by the State shall be the difference between the amount of the advance paid and the amount to be paid by the State. Return to the State on the first working day of the month following the first working day, as provided for in paragraph 2.

The advance may also be confirmed separately from the system referred to in Article 1 (1) (1) and the national system referred to in Article 1 (2), in the years 2000-2002 and 2003 to 2006, Of the European Parliament and of the Council (30.12.2002/1362)

ARTICLE 31

For the measures referred to in Article 30 (1), the pension institution shall submit to the Ministry of Agriculture and Forestry a statement by 20 days of the month preceding the measure.

By way of derogation from Article 30 (2), the Ministry of Agriculture and Forestry may, by way of derogation from Article 30 (2), pay advance payments if the benefits provided by the pension institution are otherwise compromised. (31.1.2001/91)

Article 31a (30.12.2002/1362)

The pension institution shall accept and carry out the payments of the waiver and carry out their accounts in such a way as to enable the Ministry of Agriculture and Forestry to carry out the tasks assigned to the paying agency in accordance with Council Regulation (EEC) No 729/70 As required by Commission Regulation (EC) No 1663/95 as regards the clearance of the accounts of the EAGGF Guarantee Section. The terms and conditions of the contract between the Ministry of Agriculture and Forestry and the Pension Fund shall include at least the obligation for the pension institution to submit the following information to the Ministry of Agriculture and Forestry:

(1) the monthly notification of the renunciations paid in the previous month, together with the beneficiary specific information;

(2) monthly forecasts of expenditure for the following months and a statement of expenditure already carried out;

(3) monthly report on the payment of waiver payments from the previous calendar month;

(4) on a quarterly basis, after the end of each quarter, an explanation of the irregularities and recoveries of the renunciation aid;

(5) every six months after the end of each half of the year, a list of outstanding claims and interest in relation to waiving aid;

(6) an annual report on the contribution of the European Agricultural Guidance and Guarantee Fund for the financial year ended;

(7) the information necessary for the monitoring of the implementation of the renunciation scheme; and

(8) at the request, other necessary monitoring material and any information necessary to carry out the duties of the paying agencies of the Ministry of Agriculture and Forestry.

The contract shall contain a deadline for the transmission of the information referred to in paragraphs 1 to 7.

The Ministry of Agriculture and Forestry and the pension institution also agreed on risk analysis and monitoring for control sampling.

§ 3b (30.12.2002/1362)

The role of the paying agency in the province of Åland is not included in the paying agencies which are otherwise managed on behalf of the Ministry of Agriculture and Forestry by the Åland Government.

Entry into force
ARTICLE 32

This Regulation shall enter into force on 1 January 1995.

For the year of entry into force of the waiver referred to in Article 30 of the Regulation, the year of entry into force and the first calendar month of the advance shall be fixed by the Ministry of Agriculture and Forestry within one month after the declaration referred to in Article 31 (1) Has been obtained from the pension institution.

Entry into force and application of amending acts:

3.2.1995/150:

This Regulation shall enter into force on 8 February 1995.

4.4.1996/231:

This Regulation shall enter into force on 10 April 1996.

This Regulation shall apply where the waiver takes place, or when the aid is based on Article 21 of the waiver law, the conditional decision referred to therein shall be sought after the entry into force of this Regulation.

9 OCTOBER 1997/98:

This Regulation shall enter into force on 15 October 1997. This Regulation shall apply where the waiver takes place or when the aid is based on the Article 21 of the ec Treaty, The conditional decision shall be sought after the entry into force of this Regulation.

8.5.1998/327:

This Regulation shall enter into force on 15 May 1998.

This Regulation shall apply where the waiver takes place, or when the aid is based on Article 21 of the waiver law, the conditional decision referred to therein shall be sought after the entry into force of this Regulation.

This Regulation may also apply to a transferee who has issued a commitment under Article 9 or 10 of the waiver before the entry into force of this Regulation.

30.3.2000/369:

This Regulation shall enter into force on 1 July 2000. (29.06.2000)

This Regulation shall apply where the waiver has taken place on or after 1 January 2000, but no later than 31 December 2002. However, the granting of the grant aid is conditional on the fact that the aid has been claimed in the years before the date of the waiver.

The provisions which have occurred on or after 1 January 1995, but not later than 31 December 1999, shall apply from the date of entry into force of this Regulation. In this case, based on environmental support under the agri-environment scheme, conditions shall be defined as the corresponding conditions for environmental support under the Rural Development Plan referred to in the Rural Development Plan. However, new conditions which are binding on the conditions in force at the time of the commitment do not apply to such a transferee.

The Ministry of Agriculture and Forestry shall, in the month of the month following the entry into force of this Regulation, fix the amount of the advance referred to in Article 30 (5) for the costs of the system referred to in Article 1 (1) (2) for the year 2000. In the same period, the Ministry of Agriculture and Forestry will also make advance payments to the pension institution for the calendar months preceding the advance fixing of the advance in 2000.

29.6.2000/633

This Regulation shall enter into force on 1 July 2000.

31.1.2001/91:

This Regulation shall enter into force on 7 February 2001.

12.7.2002/593:

Article 19 (4) and Article 34 (2) to (4) of this Law shall enter into force on 1 August 2002. For the rest, the law will enter into force at the time of the Council's decree. If the European Community does not accept the aid scheme contained in this Act as such, the law may be enforced by a decree of the Council of Ministers, in so far as the conditions of the aid are accepted.

This Act repeals the Regulation of 31 December 1994 on the withdrawal of agricultural undertakings (1583/1994) Articles 14 and 24, as defined in Article 24 of Regulation No 369/2000. However, the provisions of that Regulation shall apply to the abandonment of the agricultural activity which took place before 1 January 2003, as they were at the time of entry into force of this Act.

This law shall apply if the abandonment of agricultural activity takes place no earlier than 1 January 2003 and no later than 31 December 2006. However, Article 10 (2), Article 13 (2) and Article 14 (3) shall apply only if the waiver takes place no earlier than 1 January 2004 and no later than 31 December 2006.

The provisions in force at the time of entry into force of this Act shall apply to the withdrawals before the entry into force of this Act. However, Article 34 (3) and (4) of this Law applies to the renunciations referred to in Article 1 (1) (1) of the Law on the withdrawal of agricultural undertakings.

Article 7 (4) of this Law applies to the renunciations which occurred in or after the year 2000.

Notwithstanding the provisions of paragraph 3 of the entry into force, Article 19 (4) of this Act shall apply if the abandonment of the agricultural activity has taken place before 2003, provided that the waiver is made at the time of entry into force of this Act. Or will be paid after the entry into force of this Act. However, for the period between the date of entry into force of Article 19 (4) and the entry into force of Article 19 (4), the child increase shall be paid no earlier than 1 January 2002.

Article 29 (2) shall apply if the generational change referred to therein takes effect after the entry into force of this Act and the supply of an additional country has taken place on or after 1 January 2000.

Notwithstanding Article 5 (1) (3) of the age limit of the transferor, the grant of the waiver shall be conditional upon the transferor of 1947 and the renunciation of the transferability of the transferor of 55 65 years. If the transferors are spouses and the parent of the spouses fulfils the conditions laid down in this paragraph and is otherwise entitled to a waiver, the younger spouse shall be entitled to a waiver if he or she is not Completed 50 years.

If, in the event of abandonment, the two siblings and the senior partners of the group fulfil the conditions laid down in paragraph 8, the younger shareholders of the group shall be entitled to give up to the group's younger shareholders if they have completed 50 Years. However, the aid shall not be granted to the transferors referred to in this paragraph and to the transferors referred to in paragraph 8 before the age of 55. Notwithstanding the provisions of Article 5 (1) (1) in 2005 or 2006, the provisions on the age limit for this entry into force shall also apply to the renunciation of the age of 1949. In accordance with the provisions of Article 5 (8), the younger spouse and the younger shareholder referred to in Article 5 (4) shall be subject to the provisions laid down in this paragraph and paragraph 8 respectively.

Before the law enters into force, measures may be taken to implement the law.

THEY 246/2001 , MmVM 5/2002, EV 78/2002

ON 30 DECEMBER 2002,

This Regulation shall enter into force on 2 January 2003.

Article 22 (4) shall apply to the renunciations which occurred in or after the year 2000.

The Ministry of Agriculture and Forestry shall, within one month from the date of entry into force of this Regulation, confirm the amount of the advance referred to in Article 30 (5) for the 2003-06 system of disposal costs for the year 2003. At the same time, the Ministry of Agriculture and Forestry will also make advance payments to the pension institution for the calendar months prior to fixing the advance in 2003.

2.12.2004/1053:

This Regulation shall enter into force on 1 January 2005.

Upon entry into force of this Regulation, pending applications shall be subject to the provisions in force at the time of entry into force of this Regulation.

ON 30 DECEMBER 2004,

This Act shall enter into force on 1 January 2005.

The limitation of the applicability of the provisions of this Act shall also apply to the claim arising before the entry into force of the law. The period of limitation of the period of limitation shall also be taken into account before the law enters into force. This law shall, however, be aged less than three years after the date of entry into force of the law, unless it is aged before the date of entry into force of this Act.

This Act repeals the Regulation of 31 December 1994 on the withdrawal of agricultural undertakings (1583/1994) Articles 17 to 19, as amended by Regulation 369/2000.

THEY 192/2004 , MmVM 11/2004 EV 215/2004

21.7.2006/613:

This Act shall enter into force on 27 July 2006.

Article 7 (4) shall apply where the waiver has taken place between 1 January 2000 and 31 January 2006.

Article 23 (1) and (2), as provided for in Article 23 (1) and (2), shall not apply where the waiver has occurred earlier than 1 January 2000. For the rest, Article 23 applies to all surrenters prior to the entry into force of this Act.

Article 18 (4), Article 24 and Article 25 (3) and (4) of this Law shall apply to all renunciations before the entry into force of this Act. Article 25 (4) of this Law may also be applied before the date of entry into force of this Act for waiving payment.

Notwithstanding Article 9 of the Act on the Pensions Act, the reference in Article 40 (1) of this Act to Article 125 of the Pensions Act shall apply in such a way that the limitation period referred to in the law is five years from 1 1 January 2007. Likewise, the limitation period provided for in Article 31 (3) of this Act shall apply from 1 January 2007. In calculating the limitation periods referred to above, account shall also be taken of the time elapsed before the entry into force of this Act.

This Act repeals the Regulation of 31 December 1994 on the withdrawal of agricultural undertakings (1583/1994) .

THEY 34/2006 , MmVM 8/2006, PeVL 18/2006, EV