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The Law Of Crop Damage

Original Language Title: Laki satovahinkojen korvaamisesta

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Law on compensation for harvest damage

See the copyright notice Conditions of use .

This law has been repealed by L 30.12.2013/31 , which is valid from 1 January 2017.

In accordance with the decision of the Parliament:

ARTICLE 1 (30.12.2013/1190)
Scope

Under this law, for the years 2014 and 2015, within the limits of the appropriation allocated to the State budget, compensation for crop-related compensation and overcompensation and compensation for certain exceptional river flooding in Finland may be granted Accession to the European Union, Articles 107 to 109 of the Treaty on the Functioning of the European Union or any other State aid under European Union law.

ARTICLE 2
Compensation for damage

Compensation provided for in this Act ( Harvest compensation ) May be paid for damage caused by:

(1) the exceptional and exceptional nature of the exceptional natural conditions of the growing or harvesting of the crop, raesates, kaatose, fresh air, exceptional floods, exceptional drought, or any other equivalent Variation;

(2) exceptional wintering conditions for wintering winter; or

(3) due to the wetness caused by exceptionally heavy rain or exceptional rainfall.

For the purpose of this law, harvest damage is the quantitative damage caused to the crops. The compensation may also be paid if, for the reason referred to in paragraph 1, the harvest has been caused by the loss that the yield is not eligible for any commercial use due to its reduced quality. (28.12.2007)

More detailed provisions on the quality damage referred to in paragraph 2 and the date on which the partial harvest may be considered to be complete to the detriment of the harvest shall be laid down by a decree of the Ministry of Agriculture and Forestry.

Paragraph 4 has been repealed by L 26.08.2011/1002 .:

ARTICLE 3 (3.12.2010/1055)
Compensation recipients

The compensation provided for in this Act may be paid in Finland to a farmer in a country or horticultural economy which is a natural or legal person or a group of natural or legal persons.

The payment of compensation shall be conditional on:

(1) the farmer or his spouse, on the last day of the calendar year preceding the year, is at least 18 years old, but not more than 68 years, and the farmer and his spouse are not entitled to an old-age pension as referred to in the pension legislation of farmers; Or

(2) in the course of activities carried out by more than one natural person in a country or horticultural economy or in Community form, at least one farmer in agriculture or horticulture itself, a member of the company, a member or a shareholder, is a natural The person who satisfies the condition set out in paragraph 1.

Notwithstanding paragraph 2 (1), compensation may be granted to a farmer under 18 years of age if he/she has married or pursues a country or horticultural economy as co-owner or jointly with his parents or one of them. Or, where there are other specific reasons for the granting of compensation.

Spouses refer to spouses and income tax law (1535/1992) (3) under the conditions of marriage referred to in paragraph 3.

The conditions laid down in paragraph 2 (2) shall not apply to the public law community, the space of school or the prison space.

The decree of the Ministry of Agriculture and Forestry provides for more details of the conditions laid down in this Article.

§ 4
Conditions for receiving compensation

The compensation provided for in this Act may be paid to a farmer who has at least three hectares of arable land or at least half a hectare of horticultural crop production. (26.08.2011/1002)

Compensation cannot, however, be paid for the damage caused to a field in which the transferor pension Article 6 of the ec Treaty ( (2) (3), the entry into force of the (1330/1992) Or the law on the disposal of agricultural undertakings (1293/1994) in Article 12 Intended commitment.

Nor can the compensation be paid, unless otherwise provided by the decree of the Council of State, for the damage caused to the growth parcel for which the farmer has an agreement with the State for the conversion of organic production from that period, From which the producer is paid, in whole or in part, the transitional support provided by the European Community for the transition from normal production to organic production.

The compensation may be paid only for damage caused by a production sector which is grown at least according to the normal farming practice of the locality. The decree of the Ministry of Agriculture and Forestry lays down more precise provisions on what is considered to be the normal culture of the place.

The Decree of the Council of State provides for plant species which are taken into account when calculating the crop's crop losses.

§ 5 (30.12.2013/1190)

Paragraph 5 has been repealed by L 30.12.2013/1190 .

ARTICLE 6 (28.12.2007)
Unit prices for plant species

Each year, the EAFRD lays down provisions for the unit prices of plant species used in the assessment of harvest damage which are to be replaced by this law, after consulting the Convention. Unit prices shall be determined to meet the average sales prices received during the year in question.

§ 7 (13.04.2007)
Normisato

Plant species Normisado Means the average century per unit of area in the field of normalafield. Normisato is the arithmetic average of the five-year yields of the five-year period, which does not take into account the highest and lowest yields. If the amount of the five-year harvest is not available, the normisato shall be calculated as the arithmetic average of the three-year harvests prior to the injury year. (28.12.2007)

The value of the production of the plant species shall be calculated using the unit price per order provided by the EAFRD.

The value of the cultivation of the crop shall mean the sum of the values multiplied by the cultivation of agricultural plant species in accordance with Article 4 (5). (26.08.2011/1002)

For the purpose of setting standards, the kingdom will be allocated to the normists which correspond to the economic, transport and environmental centres. The EAFRD shall lay down provisions for each year by plant species. (22/122009/1487)

§ 8
Crop-specific harvest compensation

The crop-specific crop injury shall be calculated by deducting the value of the crop production from the value of the crop. However, in the event of exceptional wintering conditions, the agrown crop shall be broken and re-planted or left on set-aside or treated as an uncultivated field, however, when calculating the crop-specific harvest Account for only 30 % of the value of the plant in the plant destroyed by the plant in question. More detailed provisions on the replacement of the damage to winter damage may be laid down by the Government Decree. (28.12.2007)

The value of the harvest year is calculated on the basis of the surface area and unit prices of plant species, using the hundreds of plant species that have been saved from harm, and the hundreds of other crops that have been assessed in the event of damage.

The farmer's own contribution to crop damage is 30 % of the value of the crop. As regards the damage to winter, the farmer's own contribution shall be calculated on the basis of the surface area of winter crops.

The crop-specific harvest compensation may not exceed the amount of harvest damage, less than the amount of the farmer's own contribution, the compensation paid under other legislation and the contributions received. The Decree of the Council of State provides for the replacement of a large proportion of the compensation for harvest damage resulting from deductions and contributions received under other legislation. No compensation shall be paid if the amount to be replaced is lower than EUR 100 per farmer and type of aid. (3.12.2010/1055)

The compensation referred to in this section must be applied before the harvest in the non-life sector begins. If the damage is apparent when the harvest is corrected, the application may be lodged with the harvest. However, the application must be submitted in good time before the end of the harvest of the harvest affected by the harvest, that the assessment of harvest damage may be carried out. No compensation shall be granted on the basis of an application made after the harvest. In the case of winter damage, an application shall be made before the infringement of the damaged crop and no later than 15 June following the occurrence of the damage. The EAFRD may lay down provisions on the procedure for applying for compensation. (28.12.2007)

§ 8a (26.08.2011/1002)
Compensation for damage caused by certain exceptional river floods

Compensation may be paid for exceptional water flows for horticultural products other than those referred to in Article 4 (5), for horticultural products or for damage caused by the freezing of such plant species. In addition, compensation may be paid for the damage caused to the harvested harvest of such a flood. The compensation shall be paid as aid under Article 3 of Commission Regulation (EC) No 1535/2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the field of agricultural production.

Compensation may be paid up to a maximum of 80 % of the amount of the damage minus the contributions received under other legislation and the contributions received. The amount of the injury shall be calculated in accordance with the provisions laid down in Article 7, mutatis mutandis, on unit prices of plant species and the establishment of standards. No compensation shall be paid if the amount to be reimbursed is less than EUR 100. (30.12.2013/1190)

No compensation shall be paid for the damage that is provided for in the (197/2011) Or of horticultural products intended for private use. (30.12.2013/1190)

A decree of the Council of State may provide for a refund rate, the maximum amount of compensation and a more precise basis for compensation.

§ 9 (28.12.2007)
General compensation

If the damage has been caused by a large geographical area in a clearly defined geographical area, the criteria laid down by the Council's decree may pay compensation to the farmers affected by the overcompensation.

§ 9a (28.12.2007)
Maximum compensation

The crop-specific compensation payments referred to in Article 8 and the general compensation referred to in Article 9 shall not, together or separately, lead to overcompensation referred to in Article 19 (2) and (3) of the Commission Regulation referred to in As regards the recipient.

ARTICLE 10 (26.08.2011/1002)
Role of the municipality's rural economy

Applications for reimbursement under this law shall be processed and the compensation granted shall be determined by the rural economy authority of the municipality in whose territory the centre of economic activity is situated. It is also responsible for assessing the damage in the cases referred to in Articles 8 and 8a. In the case of damage assessment, the municipality's rural economy authorities may, where appropriate, use advisory bodies. Advice organisations may be paid for their expert assistance in the State budget for the provision of compensation for the substitution of harvest damage. The municipality's rural economy shall have the right to receive expert assistance from the industry, transport and environment centres and, where appropriate, from the Finnish Environment Agency, in order to clarify the exceptional nature of the river basin. The municipality has the right to charge the claimant in the form of compensation for the payment of the injury. Details of the compensation to be paid to the Advisory Board and the payment of the injury to the municipality by a farmer may be issued by a decree of the Council of Ministers. (30.12.2013/1190)

The rural economy authority of the municipality shall provide information related to the compensation referred to in this Act to the EAFRD. The EAFRD may lay down provisions on procedures for the provision of information.

In the cases referred to in Article 8a, the municipality's Rural Development Authority shall decide on the payment of the compensation, after a single case has been found by the EAFRD, and the EAFRD has shown: The funds necessary for the compensation of losses calculated on the basis of individual cases for use by the municipality's rural economy authority. (30.12.2013/1190)

ARTICLE 11 (13.04.2007)
Satoinjury Convention

For the purpose of the preparation of the measures referred to in this Act, the Council of State shall set up a Convention on the damage caused by the harvest, with the task of assisting the Ministry of Agriculture and Forestry and the EAFRD in the case of compensation for harvest damage. The Advisory Board is represented by the Ministry of Agriculture and Forestry, the Ministry of Finance, the Rural Development Agency and the farmers' associations. The Advisory Board and its functions are laid down in more detail by a decree of the Council of Ministers.

ARTICLE 12 (15/03/1998)
Application of other provisions

The granting, payment, recovery, correction and control of the compensation referred to in this Act shall be governed by the law on the implementation of agricultural aid (192/2013) . The decree of the Council of State lays down more precise rules for the procedure to be followed.

ARTICLE 13 (26.08.2011/1002)
Reduction and refusal of compensation

Compensation may be reduced or refused if, on the applicant's side, there is a deliberate or negligent contribution to the injury or where the cultivation has been carried out at a place of growth, in the shape or location of the crop, of the crop Inappropriate.

Compensation may be refused if one of the circumstances or measure is provided with a form which does not correspond to the actual nature or purpose of the case.

ARTICLE 14 (15/03/1998)
Appeals appeal

The decision of the rural business authority of the municipality pursuant to this Act shall be appealed against in the order laid down by the Law on the implementation of agricultural aid.

§ 15
Mandate authorisation

Further details of the procedure to be followed for the imposition and payment of compensation, as well as other provisions of this law, shall be laid down by a decree of the Ministry of Agriculture and Forestry.

ARTICLE 16
Entry into force

This Act shall enter into force at the time of the Council Regulation.

This law repeals the Law of 4 July 1975 on the substitution of harvest damage (530/1975) With its subsequent modifications.

THEY 86/2000 MmVM 12/2000, EV 161/2000

Entry into force and application of amending acts:

13.4.2007:

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

28.12.2007/1495:

This Act shall enter into force on 1 January 2008.

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

THEY 133/2007 , MmVM 9/2007, EV 138/2007

22.12.2009/1487:

This Act shall enter into force on 1 January 2010.

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

THEY 161/2009 , HVM 18/2009, EV 205/2009

3.12.2010/1055:

This Act shall enter into force on 1 January 2011.

Article 1 of this Act shall apply to harvest damage established on or after 1 January 2010.

THEY 193/2010 , MmVM 19/2010, EV 190/2010

26.8.2011/1002:

This Act shall enter into force on 1 January 2014.

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

MR 295/2010 , MmVM 31/2010, EV 325/2010

15/03/196:

This Act shall enter into force on 19 March 2013.

THEY 156/2012 , MmVM 10/2012, EV 7/2013

30.12.2013/1190:

This Act shall enter into force on 1 January 2014.

Cases before the entry into force of this Act shall be settled in accordance with the law in force at the moment of the initiation of the application.

The Decree of the Council of State lays down, in respect of the 2013 harvest compensation payments, the replacement of a large proportion of the compensation for crop damage resulting from the compensation and the insurance premiums received under other legislation.

For the purpose of the 2013 harvest, the EAFRD shall lay down the provisions on unit prices of plant species used in the estimation of harvest damage, after consulting the Convention. Unit prices are set to meet the average sales prices received during the 2013 harvest.

THEY 143/2013 , MmVM 19/2013, EV 196/2013