The Law On Support For Agricultural Production

Original Language Title: Laki maataloustuotannon lopettamistuesta

Read the untranslated law here: https://www.global-regulation.com/law/finland/646137/laki-maataloustuotannon-lopettamistuesta.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$49.99.
In accordance with the decision of the Parliament, provides for: the scope of the section 1 of the Agricultural entrepreneurs, who from 1997 to 1999 to stop farming on a permanent basis, with the aim of improving the structure of agriculture, national resources may be granted early termination of support, as this is required by law.
In accordance with the laws of the termination of this aid is granted under the condition that the economic centre of the farm owned by the agricultural entrepreneur is in a language other than the national aid to agriculture and horticulture Act (1059/1994), within the territory referred to in article 6.

section 2 Definitions for the purposes of this law: 1) referring to the status of one or more of the arable land on the farm or the status of the unit referred to in part of farming, which is managed as a single entity;
2 character of agriculture crops, livestock), the economy and other livestock production, as well as the cultivation of vegetables, fruit and fruit farming and other horticultural crops and greenhouse, does not, however, Apple production;
3) institution to farmers ' Social Insurance Act (459/1969) farmers ' social insurance institution; and 4 of the rural industries in rural economic development authority) for the management of the municipalities Act (1558/1991), a body referred to in paragraph 3, the holder of the public authority or trust in the people.

the subsequent section 3 of the beneficiary of the aid may be granted for: 1) or a part of the farm that owns the agricultural entrepreneur and his marriage to his spouse, even if the spouse does not have ownership of the farm; and 2) the testator at the time of the agricultural entrepreneur referred to in paragraph 1, in case of withdrawal from the farm belongs to the property to which the surviving spouse has a right to marriage.
In this Act, spouses shall be treated as a person with whom the agricultural entrepreneur living in common household on marriage marital relationship without marrying.
Under paragraph 1, the person referred to in paragraphs 1 and 2 shall hereinafter be referred to as donors.

section 4 of the requirements for early termination of the aid the aid may be granted only to a donor in the event of: 1) which is the abandonment of the age of 50 years;
2) that the abandonment of the immediately preceding 10 years been engaged in agriculture for its own account or for the account of a joint;
3) which have not been granted through State resources to start-up aid for young farmers or similar previous support or rural small business startup grant from the extension of the waiver of the erikoismaatalouden or the immediately preceding 10 years; and in the event of the abandonment of the 4) which is not provided for by the law for the time being granted agricultural pension full disability pension, unemployment pension, individual retirement or old-age pensions.
The support of the right of termination is not the supplier, if her or his marriage to wife or jointly owned the farm for any of the other joint holders fulfils the waiver has been granted or will be granted in the agricultural entrepreneurs support Act (1293/94) on the basis of the same farm supply in accordance with the waiver support.

to stop the practice of Agriculture agricultural production in article 5 shall be deemed to be finished within the meaning of this Act, if the farm belong to the fields, or at least two-thirds of the farm affected by the transfer of arable land is to be sold, donated, or in some other way similar to permanently handed over to a person who meets the 8 and the conditions laid down in article 9.
Exit support may be based on one or more of the fisheries referred to in paragraph 1. Along with the donation can be a maximum of two of the transferee, the transferee under the conditions laid down in each of which must be filled in. Spouse is considered to be one of the transferee and in this case, it is sufficient that the transferee meets the conditions laid down in the marriage.
The owner shall be deemed for the purposes of this Act to stop farming, even when he has given up their land in accordance with this law, but the transfer is prevented due to the use of the option in accordance with the law (608/1977) the right to redeem the property.

section 6 of this Act the transfer of agriculture referred to in this law include the discontinuation of all supplies from the entry into force of the law in accordance with the donor to inform the end until the date of withdrawal. The discontinuation of the supply shall be deemed to have occurred when, after the last book is signed.

section 7 of the undertaking to be given by the donor, the donor's commitment to Holding on to the fact that: 1) he quit permanently or for the operation of the common agriculture; and 2) he does not use the amount of arable land area for agricultural production farm may not disclose it to another person for use in agricultural production.
Also, the donor's spouse shall be the undertaking provided for in paragraph 1, even though he himself did not have the support of the applicant or the owner of the farm to close.
Notwithstanding the termination of the undertaking the aid the applicant and his spouse has the right to: 1) to the farming of potatoes needed in the economy, as well as a garden and a vegetable garden for the growth of the products;
2. the use of other farm buildings) to allow for the needs of agricultural holdings; and 3) rent, lease, or in any other way to give the farm possibly missed out on thousands of people, which meets the arable area 8 and 9, the requirements laid down in article.
The obligation is in force until all persons are eligible from the farm to the killing met the 65 years, however, at least for a period of 10 years. If I do not qualify for the subsequent support of the adoption of a negative decision, the undertaking shall automatically lapse.

section 8 of the Assignee, that the Killing of the aid is conditional on the farm, or part of it takes place at the person: 1) which is before the transfer control of at least 15 p hectares including the culture, which he freely grow crops; and 2) which is valid for the farmers ' social insurance vähimmäiseläketurvaa provided for in article 1 of the law on insurance or pending application in order to obtain it.
For a special reason, it can be 1 of the surface referred to in paragraph 1 in a manner determined by the Council of State alavaatimuksesta to depart from.

section 9 of the Transferee undertaking, the undertaking to be given by the transferee is to engage in agriculture, where he above all prompter, in the case referred to in article 8 to the extent or with the business and, in addition, from the donor to the region for at least five years of their acquisition.

section 10 of the amount of the aid for the subsequent Termination support includes the screening on the basis of the area of arable land ranking based on the number of animals per hectare on the basis of the amount of compensation, compensation for livestock, and the reference quantity for milk available on the disposition of the case, when it takes place in the context of the transfer of the field.
The amount of the aid shall be calculated on maatilakohtaisesti to close and it will be paid as a lump sum. The amount of aid per farm termination must not exceed 200 000 marks. Termination of support will not be performed if the total is less than or equal to 20 000 marks.
State, the Council shall decide on the granting of aid per hectare under this Act, the livestock and the amount of compensation per unit of milk to the reference mark.

the per hectare per hectare compensation allowance article 11 shall be taken into account in calculating the arable area: 1) to the donor or his or her spouse has been engaged in farming until the abandonment of, or which has been as they lay fallow in the crop rotation system in 1996;
2) which is not later than 15 May 1996, has been and still is when applying for the aid for the donor or his or her spouse;
3) which is located in a language other than the national aid to agriculture and horticulture of the law within the territory referred to in article 6; and 4) that will be transferred to the transferee referred to in article 8 in accordance with the provisions of this law.
Other than the donor or his or her spouse owned shares in the amount of the aid per hectare are not taken into account in the calculation of compensation. In case of withdrawal from the area of arable land is owned by the shareholders of the succession, however, the quantity per hectare compensation area will be read also the widow's spouse children's shares from the soil when the closure aid is to be applied for under paragraph 3 of the agriculture referred to in paragraph 2, the entrepreneur's widow.
The yield per hectare compensation when determining field size is calculated with an accuracy of half a hectare in such a way that part of the said boundary shall not be taken into account for the imposition of compensation.

Article 12 of the Kotieläinperusteinen compensation Kotieläinperusteinen compensation is determined on the basis of the livestock units, leaving the production. However, compensation may be paid up to the amount of the established livestock farm.
The Council of State the criteria for determining the remuneration.

section 13 of the Replacement of the reference quantity of milk a milk reference quantity in the case of compensation payable on the basis of the amount of the donor's estate granted to dairy milk reference, in so far as it has been handed over to one or more of the transferee in the context of the transfer of the arable area. However, the reference quantity for milk available on the holding for which compensation may be paid up to the well established on the basis of the amount of milk corresponding to production.
The Council of State the criteria for determining the remuneration.

section 14 of the beneficiaries of the aid will be divided from the same farm on the disposal of shares on the basis of the subsequent termination of support between the applicant and the persons equal to, or a common requirement for applicants in proportion to the shares of ownership of their farm.

The support of the person who is so entitled to admit killing killing aid may amount to up to 90% of the amount of the waiver of the aid pääomitetusta, which the donor would have been granted if the waiver had been granted to him in the event of the transfer of agricultural entrepreneurs, the waiver on the basis of the law. Support for setting the value of the private equity-waiver shall apply mutatis mutandis, the criteria laid down by the Ministry.
The above shall not apply to the termination date provided for in paragraph 2, the aid that has been disposed of, which at the end of the farm or of donation is less than 55 years old.

application for and payment of the aid Termination, section 15, of the aid has been applied for the pension from the institution. The application shall be accompanied by (7) and (9) the commitments referred to in article. Applying for the aid provided for in more detail.
Insurance costs, after the killing of the aid eligible for aid has stopped the pursuit of agriculture within the meaning of article 7.
For the subsequent payment of the refund may be at the request of the applicant, should be accrued on a maximum of five years. In addition, the Ministry may order the payment of the aid is to be accrued, the killing also in other cases.

section 16 of the recovery of the aid If the donor or his or her spouse fails to comply with the undertaking referred to in article 7, shall be charged to the subsequent aid paid back.
If the transferee fails to comply with the undertaking referred to in article 9, shall be ordered to pay the costs of the pension institution, the proportion of him killing for the donor aid that has been paid to him on the basis of donations.
If the undertaking referred to in paragraph 1 or 2, the default is to be considered as minor or heavy moderation concerns it would otherwise justify the termination date as referred to in sub-section 1, can be used to support or compensation as referred to in sub-section 2 of the recovered only partially. For a special reason, it may be decided that the termination or replacement is left to be recovered in full.
The aid to be recovered shall include termination and retirement compensation is to be paid an annual interest rate of 10% of the adoption of the decision, including the pension institution.

section 17 of the preliminary data, the entrepreneur is entitled to receive the pension from the institution for agriculture binding precedent as to whether he's in the conditions laid down by the law and killing in the receipt of aid.
The recipient of the aid and to close, the transferee has the right to receive a pension from the institution for binding early decision about whether or not his planned measure such that it is considered to be a 7 or a breach of the undertaking referred to in article 9, as well as what are the sanctions in case of a procedure.
A preliminary decision is bound by the decision of the pension institution, as long as the conditions remain the same.
A preliminary decision may be appealed as provided for in article 19.

the implementation of article 18 of the Law on the implementation of this law will take care of Ministry of agriculture and forestry, the countryside Agency, the employment and economic development centres, local authorities and the social insurance institution in rural economic development. (13 April 2007/442)
The rural economy of the authority shall deliver an opinion on whether the termination of the pension institution with the requirements for aid. As a result of the application of the pension institution may request the opinion of the rural economy, plus postage.
The institution shall decide the case after receiving the opinions referred to in paragraph 2.
According to this law, the performance of the duties of the rural industry in the province of Åland of the district shall provide the authorities of the Government of the province.

section 19 of the social insurance institution of appeal under this Act to give the decision may be appealed against in employee pension Act (395/1961) referred to in article 20 of the Pension Board by the employees. Farmers ' pension in accordance with article 18 of the Board of members provided for in the Pensions Act as representatives of the farmers ' social insurance according to the law, for the purposes of this law the insured also. (30.12.2002/1324)
A change in the Pension Board's decision pursuant to this law, as well as the removal of the decision of the Board of the pension institution, and must not apply to the Insurance Court as provided for employees. (5 March 1999/292) of section 20 of the control of the Ministry of agriculture and forestry, the countryside Agency, the employment and economic development centres, as well as the municipal institution of rural economic development authorities in addition to control over the matter, that the beneficiary of the aid is not engaged in agriculture to close for his own account or for the account of the pursuit of the common agriculture and that stopped the transferor and transferee are complying with the commitments within the meaning of this Act. (13 April 2007/442)
For the purposes of supervision, the institutions referred to in subparagraph (1) shall have the right to carry out a review of the farm aid and, if necessary, to close also the transferee on the farm, with the exception of the living area of the home of peace. Control of the person concerned carries out in the aid recipient is entitled to receive, as well as killing the luovutuksensaajalta reports on the fulfilment of the conditions laid down in this law.

the provisions of article 21 of this law, some of the costs arising from the termination of support and treatment costs will be paid by the State.
The Ministry of Justice to strengthen the social insurance institution of the draft criteria referred to in paragraph 1, according to which the costs are calculated.
The State shall, as laid down by regulation, more specifically, to perform an advance amount equivalent to each year in accordance with paragraph 1, the estimated number of State run.

section 22 of the application of other legislation, unless otherwise specified in this law, is the support to close, mutatis mutandis, to force what employees in section 10 c of the law, section 16, section 17 (2) and (3), 17 (a) of article 18 (2) and (3), 19 (b) and (2) of article 1 and 19 (d), 20, 21 and 22 (a) – (e) in section 21, as well as the farmers ' social insurance law 16, 17 and 18, as well as article 19 of the provides.

the provisions of article 23 of the code on the implementation of the provisions of this law, for more details on the given regulation.

Article 24 entry into force this law shall enter into force on 1 January 1997.
Before the entry into force of this law may be to take the measures needed to implement it.
THEY 221/1996, MmVM 24/1996, the 1996 acts 238/EV, entry into force and application in time: 5 March 1999/292: this law shall enter into force on 1 April 1999.
THEY LaVM 22/83/1998, 1998/250/1998, EV 30.12.2002 1324: this law shall enter into force on 1 January 2003.
THEY 246/2002, Shub 46/2002, on 13 April 2007, 235/2002/442 EV: this law shall enter into force on 1 May 2007.
Before the entry into force of this law may be to take the necessary steps in the implementation of the law.
THEY 218/2006 20/2006, EV, MmVM 282/2006

Related Laws