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The Law On Support For Agricultural Production

Original Language Title: Laki maataloustuotannon lopettamistuesta

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Law on aid for cessation of agricultural production

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Scope

Farmers who, between 1997 and 1999, will put an end to farming permanently, may be granted national resources to improve the agricultural structure, as provided for in this Act.

The granting of termination aid under this Act shall be conditional on the establishment of the economic centre of the holding of a holding owned by the agricultural holding in accordance with the (1059/1994) Within the meaning of.

ARTICLE 2
Definitions

For the purposes of this law:

(1) On the farm A unit of agricultural activity consisting of one or more fields or part of the farm which is managed as a single entity;

(2) Agricultural activity Arable farming, livestock farming and other animal husbandry and vegetable growing, berry and fruit cultivation and other horticulture, excluding apple-growing or greenhouses;

(3) For a pension institution Farmers' pension scheme (467/1969) Of the farmers' pension fund; and

(4) The municipality's rural economy The law on the management of rural activities in municipalities (1558/1991) in Article 3 , office-holder or person of confidence.

ARTICLE 3
Aid recipient

The closure aid may be granted:

(1) the owner of the farm or part of the agricultural holding and his/her spouse, even though the spouse has no ownership of the holding; and

(2) the surviving spouse of a farmer referred to in paragraph 1 where the holding which is the subject of the waiver belongs to the property to which the widow is entitled.

In this law, the spouse is treated as a person with whom an agricultural undertaking lives in a common household under marital conditions.

The person referred to in Article 1 (1) (1) and (2) shall be referred to as the donor.

§ 4
Conditions for receiving aid

The disposal aid may only be granted to a donor:

(1) in the event of a waiver of 50 years;

(2) for the period immediately preceding the end of the previous ten years, the abandonment of agriculture or the single chapter has been practised;

(3) that has not been granted through State resources for the start-up of young farmers or for an equivalent level of aid or start-up aid for small businesses in rural areas immediately prior to the start or expansion of special agricultural activity; In ten years; and

(4) which does not, in the event of abandonment, receive a full invalidity pension, an early retirement pension, an unemployment pension or an old age pension in accordance with the pension law of the farmers.

The right to an end shall not be granted to the transferor if, in the case of a single farm owner or one of his or her spouse or jointly owned holding, any other joint owner has been granted or is granted the (1293/1994) , on the basis of transfers of the same holding.

§ 5
Stopping agricultural production

The agricultural activity shall be deemed to have been terminated within the meaning of this Law, provided that the fields belonging to the holding or at least two thirds of the arable land area covered by the donation have been sold, donated or otherwise Permanently transferred to a person who fulfils the conditions laid down in Articles 8 and 9.

The recovery aid may be based on one or more of the supplies referred to in paragraph 1. However, one donation may have a maximum of two transferees, both of which must satisfy the conditions for the transferee. Unmarried couples are considered to be one donation, and in such cases it is sufficient for one of the spouses to fulfil the conditions laid down for the transferee.

The owner shall be deemed to have ceased, as referred to in this law, any agricultural activity, even where he has surrendered his country in accordance with this law, but is prevented from being disposed of by the municipality in accordance with the law of the (608/1977) The right to redeem the property.

ARTICLE 6
Extradition

From the entry into force of the law, all donations under this Act shall be deemed to be covered by this Act until the date of entry into force of the law. The termination shall be deemed to have taken place at the time of the signature of the last release.

§ 7
Donor commitment

The donor of the farm shall make a commitment that:

(1) he permanently ceases to practise agriculture for his or her own account; and

(2) he does not use the arable area which may remain on the farm for agricultural production and will not hand it over to another person for use in agricultural production.

The donor's spouse must also make a commitment as referred to in paragraph 1, even if he is not the applicant for the killing or the owner of the farm.

Notwithstanding the undertaking, the applicant and his/her spouse shall be entitled:

(1) to carry out agriculture for the purpose of cultivating potatoes and horticultural products needed in their own economy;

(2) allow farm production facilities to be used for the needs of other agricultural holdings; and

(3) hire or otherwise provide a land area which may have been left on the farm for cultivation to a person who fulfils the conditions laid down in Articles 8 and 9.

The commitment shall remain in force until all persons eligible for termination on the farm have exhausted the age of 65, but for a minimum period of 10 years. If no closure aid is granted to the applicant, the undertaking shall lapse, including a negative decision.

§ 8
Donor recipient

In order to qualify for termination, the transfer of the holding or part thereof shall be conditional upon the person:

(1) which, prior to the transfer, has a culture of not less than 15 arable hectares, which he is also self-cultivating; and

2) which maintains or pending an application for a minimum pension cover as provided for in Article 1 of the Pensions Act.

For specific reasons, the area requirement referred to in paragraph 1 (1) may be waived in the manner prescribed by the Council.

§ 9
Commitment of the donor

The transferor shall make a commitment in which he/she is obliged to carry out farming to the extent referred to in Article 8 and, in addition, for at least five years in the territory of the donor or in the territory of the supplier, for at least five years.

ARTICLE 10
Amounts of closure aid

The termination aid shall include, on the basis of the hectare of arable land assigned on the basis of the arable land area, the amount of the livestock allowance granted on the basis of the number of domestic animals and the reimbursement of the reference quantity for milk in the case of the disposal of the field. Related.

The amount of the closure aid shall be calculated per farm and shall be paid as a lump sum. The amount of termination aid shall not exceed dem 200 000 per farm. No termination aid shall be granted if its total amount does not exceed 20 000 marks.

The Council of State shall decide on the amounts per unit of the unit of reference for hectares, domestic and milk reference amounts granted under this Act.

ARTICLE 11
Flow interest rate

For the purpose of calculating the amount of the price increase, the arable area shall be taken into account:

(1) where the donor or his/her spouse has been engaged in agricultural activity since the abandonment of agriculture, or which has been in the form of a crop rotation scheme in 1996;

(2) which is still owned by the transferor or his/her spouse at the latest on 15 May 1996;

(3) is located in the area referred to in Article 6 of the Law on National Aid for Agriculture and Horticulture; and

(4) surrendered to the transferor referred to in Article 8 in accordance with the provisions of this law.

The shares of a non-donor or his/her spouse shall not be taken into account for the calculation of the size of the hectare. However, in the case of the owners of the estate subject to the waiver, the shares of the surviving spouse of the surviving spouse of the surviving spouse shall also be counted as belonging to the territory of the surviving spouse of the surviving spouse of the surviving spouse of the surviving spouse of the surviving spouse of the surviving spouse of the surviving member of the surviving spouse, where the period of application of Article 3 (1) is The widow of the agricultural undertaking referred to in paragraph 1.

For the purpose of determining the price of the price, the area of the field shall be calculated in the area of half a hectare in such a way that no part of the above limit shall be taken into account when calculating the compensation.

ARTICLE 12
Animal-based compensation

The livestock allowance shall be determined on the basis of livestock units leaving production. However, compensation may be paid up to a maximum of the established livestock unit in the corresponding units.

The Council of State shall lay down more detailed provisions on the basis of the compensation.

ARTICLE 13
Compensation for milk reference quantity

The remuneration of the milk reference amount shall be based on the reference amount allocated to the donor's farm in so far as it has been transferred to one or more of the transferee in the event of the transfer of the arable land. However, in the case of milk reference quantity, the compensation may be paid up to a maximum of the established amount of milk produced by the holding.

The Council of State shall lay down more detailed provisions on the basis of the compensation.

ARTICLE 14
Contributions to beneficiaries

The termination aid shall be distributed on the basis of the transfer of the same holding to the applicants and eligible persons equally or at the joint request of the applicants in proportion to their holdings of holdings.

The closure aid to a person entitled to a termination aid shall not exceed 90 % of the amount of the amount of the waiver of the amount of the waiver granted to the transferor if the waiver was granted in the event of a transfer By virtue of the law on the disposal of agricultural undertakings. The capital value of the recovery aid shall apply mutatis mutandis to the criteria laid down by the Ministry concerned.

The period provided for in paragraph 2 shall not apply to the beneficiary of the termination aid which is less than 55 years of age at the end of the delivery or disposal of the holding.

§ 15
Application and payment of aid

The termination aid is claimed from the pension institution. The application shall be accompanied by the commitments referred to in Articles 7 and 9. The application of the aid is regulated in more detail by a regulation.

The pension institution shall pay the closure aid after the payment of the aid has ceased in the manner referred to in Article 7.

At the applicant's request, the payment of termination aid may be limited to a maximum of five years. In addition, the Ministry may order that the payment of the closure aid should also be differentiated in other cases.

ARTICLE 16
Recovery of aid

If the transferor or his/her spouse does not comply with the undertaking referred to in Article 7, the aid shall be recovered.

If the transferee does not comply with the undertaking referred to in Article 9, he shall be obliged to reimburse to the pension institution the proportion of the termination aid paid to the transferor on the basis of the donations to him.

Where the non-commitment to an undertaking referred to in paragraphs 1 or 2 must be considered to be minor or that it shall otherwise be weighed down, the termination aid referred to in paragraph 1 or the compensation referred to in paragraph 2 may be recovered only: Partly. For a specific reason, it may be decided that the refund or compensation is not recovered in full.

The amount of the aid to be recovered and the compensation payable to the pension institution shall be remunerated at a rate of 10 % per annum, including the adoption of the decision of the pension institution.

§ 17
Prior information

A farmer shall have the right to obtain a preliminary ruling from the pension institution on whether or not he fulfils the conditions for the termination of the aid provided for in this Act.

The beneficiary and the transferee shall have the right to obtain a binding preliminary ruling from the pension institution as to whether the measure he designed is to be regarded as a breach of the undertaking referred to in Article 7 or 9, and of what Penalties for the procedure.

Prejudice shall be binding on the pension institution as long as the circumstances on which the decision is based remain unchanged.

An appeal shall be made to the prejudice as provided for in Article 19.

ARTICLE 18
Law enforcement

This law is implemented by the Ministry of Agriculture and Forestry, the EAFRD, the labour and business centres, the rural economy and the pension institution. (13.4.2007)

The municipality's rural economy authority shall provide a statement to the pension institution on whether the conditions for eligibility for the termination aid are met. The pension institution may also, following an application, request an opinion on the rural economy.

Upon receipt of the opinions referred to in paragraph 2, the pension institution shall decide.

According to this law, the activities of the rural industry in the province of Ahvenanmaa are carried out by the authorities designated by the provincial government.

§ 19
Appeals appeal

The pension institution shall, pursuant to this Act, bring an appeal against the pension law of the employees (395/1961) § 20 , as provided for in the Pensions Act of the employed person. The members of the pension board established pursuant to Article 18 of the Pensions Act of the Farmers' Pensions Act shall act as representatives of the farmers for the purposes of the application of this law. (30.12.2002/1324)

An amendment to the decision of the Pensions Committee pursuant to this Act, as well as the removal of the decision of the pension institution and of the pension board, may be applied to the insurance period as provided for in the Pensions Act. (5.3.1999/292)

§ 20
Control

In addition to the pension institution, the Ministry of Agriculture and Forestry, the Rural Development Agency, the labour and business centres and the local authorities in the municipalities are responsible for ensuring that the recipient of the aid for the killing does not have an agricultural or a common account, and that: The transferor and the transferee shall comply with the undertakings provided for in this Act. (13.4.2007)

For the purposes of supervision, the institutions referred to in paragraph 1 shall be entitled to carry out the review on the holding and, where appropriate, on the farm of the transferee, with the exception of dwellings covered by domestic peace. They shall have the right to receive reports from both the beneficiary and the transferee for the fulfilment of the conditions laid down in this Act.

ARTICLE 21
Provisions relating to certain costs

The costs of terminating this law and the cost of care are borne by the State.

On a proposal from the Pensions Office, the relevant ministry shall establish the criteria according to which the cost of treatment referred to in paragraph 1 is calculated.

The State shall, according to the provisions of the Regulation, carry out an advance in each year corresponding to the amount estimated to be carried out by the State in accordance with paragraph 1.

§ 22
Application of other legislation

Subject to the provisions of Article 10c, Article 16, Article 17 (2) and (3), Article 17a, Article 18 (2) and (3), Article 19b (1) and (2), Article 19b (1) and (2) and Articles 19 (d), 20, 21 and 21 to 21 of the Code of Pensions, § and Articles 16, 17, 18 and 19 (5) of the Pensions Act.

ARTICLE 23
More detailed provisions

More detailed provisions on the implementation of this law shall be adopted by the Regulation.

§ 24
Entry into force

This Act shall enter into force on 1 January 1997.

Before the entry into force of this Act, measures may be taken to implement it.

THEY 221/1996 , MmVM 24/1996, EV 238/1996

Entry into force and application of amending acts:

5.3.1999/292:

This Act shall enter into force on 1 April 1999.

NO 83/1998 , LaVM 22/1998, EV 250/1998

ON 30 DECEMBER 2002,

This Act shall enter into force on 1 January 2003.

THEY 246/2002 , StVM 46/2002, EV 235/2002

13.04.2007/4421

This Act shall enter into force on 1 May 2007.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 218/2006 , MmVM 20/2006, EV 282/2006