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The Law On The Structure Of Agriculture

Original Language Title: Laki maatalouden rakennetuista

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Law on structural assistance in agriculture

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Legal objectives

The aim of this law is to develop the capacity and competitiveness of agriculture by promoting the efficiency and quality of agricultural production in accordance with the principles of sustainable development.

ARTICLE 2 (17/04/2013)
Scope

This law shall apply to aid granted to improve the structure of agriculture, financed by the European Union and the corresponding national funds or from national resources.

However, this law shall not apply to aid or compensation granted for the abandonment of farming activities. Furthermore, the law does not apply to aid financed by the European Union's Structural Funds or the European Maritime and Fisheries Fund.

Aid for the processing and marketing of agricultural products and for the extension of agricultural holdings to be granted outside the agricultural sector is laid down in the Law on support for rural development (2011) . However, this law applies to the agricultural trade rehabilitation of agricultural products.

Aid for improving the structure of reindeer husbanding and natural resources is laid down in the law on the financing of reindeer husbane and natural resources (45/2000) And the coin law (253/1995) .

ARTICLE 3 (19122014/1187)
Relationship with European Union legislation and programme

This law shall apply to the granting, payment, monitoring, inspection and recovery of funds financed by the European Union, subject to European Union law. This law supplements the legislation of the European Union or, if the funds used to finance the aid are included in the programme, the conditions contained therein.

Where the aid is granted, the conditions and limits of the granting of State aid in the agricultural sector shall be governed by European Union legislation, subject to the European Commission's decision approving the programme.

The application of European Union law on State aid to the aid scheme under this Act may be further specified by the Government Decree. The establishment and duration of the scheme shall be governed by the provisions of the European Union legislation on agricultural structural aid financed wholly or fully financed by the Government of the European Union, and by the State In the budget or in the operational plan of the FRF, within the limits of the financial resources allocated to the support scheme.

§ 4 (19122014/1187)
Definitions

For the purposes of this law:

(1) Agriculture Arable farming, livestock farming, greenhouses, garden and nurseries, fur farms, reindeer husbandry, reindeer husbandry, beekeeping, professional hunting, berries or mushrooms, or any other Treaty on the Functioning of the European Union The production activities of the products listed in Annex I;

(2) On the farm A production unit of one or more properties or of a part of the property or of a property or a land base, operated by a farmer, functionally and economically independent of agricultural activity, managed as one of the following: As a whole on the basis of ownership or rental;

(3) With a measure to support The operation of the holding or the agricultural activity in which the aid has been applied for or for which the aid has been granted;

(4) Investment, The construction, extension, renovation or acquisition of the building, structure or structure, as well as the acquisition of other long-term tangible and intangible fixed assets;

(5) Public aid Any financial or other benefit granted by the European Union, the State or any other public entity whose value is to be determined;

(6) With support The financing provided for improving the structure of agriculture in the State budget or in the EAFRD operating plan, which shall be granted in the form of a grant or interest rate subsidy, or a guarantee on behalf of the State; or The combination thereof;

(7) With the support of the loan Aid granted in the form of interest rate subsidies, in the form of a guarantee on behalf of the State or a combination thereof;

(8) Development support On support for rural development (2011) ;

(9) Programme The Law on the management of rural development programmes (2014) (3) Referred to in paragraph 1.

The identification marks for the functional and economic independence of the farm may be laid down in more detail by a decree of the Government.

Chapter 2

Agricultural structural aid

§ 5
Aid recipient

The aid may be granted to a natural person or a private-law entity engaged in or taking up farming activities on the farm ( Agricultural undertaking ). In addition, the aid may be granted to a community governed by private law, of which more than half of the shareholders or members are natural persons, with the aim of contributing to the joint action of the members or members of the Production activities ( Association of farmers ).

ARTICLE 6 (19122014/1187)
Starting support for a young farmer

The aid may be granted to the farmer who, at the time of the application, does not exceed 40 years of age and who, for the first time, takes up the business as a business manager ( Young farmer ). If the applicant is an entity, it shall be controlled within the Community by one or more natural persons who satisfy the conditions referred to above.

The start-up aid of a young farmer may be granted as a fixed flat rate or percentage of the eligible costs of the measure to be supported or a combination of these. The form, level and maximum amount of the aid may be determined on the basis of the target area, the industry or the target group of the aid, taking into account the objectives set out in Article 1, the market situation in the industry and the resources available to finance the aid. The aid may be granted in the form of a grant or an interest subsidy or a combination of these.

The decree of the Council of State lays down more precisely the activities to be supported by start-up aid, the condition of control and the form and the maximum amount of the aid within the limits set by European Union law. The level of the start-up aid and the eligible costs may be laid down by the Government Decree within the above limits.

§ 7
Farm investment aid

Support for investments in the farm may be granted to the farmer in the development of efficiency and quality in the agricultural production activities and to the promotion of the means referred to by the farmers' association for the purposes of: Of agricultural production activities.

Support may be granted for the necessary and reasonable costs of the investment referred to in paragraph 1. The maximum amount of eligible costs may be determined by the unit costs applicable to the investee. Otherwise, an explanation of the cost based on the normal price level may be required.

The investment aid shall be granted as a percentage of the eligible costs of the measure to be supported. The aid may be targeted and the form, level and maximum amount of the aid shall be determined on the basis of the target area, the industry, the target group or destination of the aid, taking into account the objectives set out in Article 1, the market situation in the industry and the financing of the aid. The resources available. The aid may be granted in the form of a grant, interest rate subsidy, State guarantee or a combination of these.

The activities supported by the investment, the eligible costs, the level of investment aid and the maximum amount and the form of the aid are laid down in greater detail by the State Council Regulation, within the limits set by European Union law. The unit costs eligible for approval are laid down by a decree of the Ministry of Agriculture and Forestry. (19122014/1187)

Chapter 3

General conditions for granting aid

§ 8 (19122014/1187)
Conditions for the beneficiary

The natural person shall be at the time of application of the application for 18 years.

The grant of the aid shall be conditional on the applicant having sufficient professional skills for the enterprise under the aid.

Where the applicant is a Community-shaped agricultural undertaking, the granting of the aid shall be conditional on the existence of a control within the Community by one or more natural persons meeting the conditions laid down in paragraphs 1 and 2. If the applicant is a young farmer, the granting of the aid shall be conditional on the commitment to fulfil the applicant's professional competence within 36 months of the granting of the aid. If the applicant is an association of farmers, the conditions laid down in paragraphs 1 and 2 shall be fulfilled by all the members or members of the Community.

The Government Decree lays down the conditions for the qualification and control of the applicant.

§ 9 (19122014/1187)
Conditions for the location and management of the farm

The affected farm must be located in Finland and, in the case of aid under the programme, in the area covered by the programme. If the applicant is an entity, this domicile should be situated within the European Union.

The granting of aid shall be conditional on the applicant's control over the holding of the aid subject to the ownership or rental agreement. Where the applicant is an association of farmers and the aid is sought for the holding of a member of the Community or a member of the Community, the grant of the aid shall be conditional upon the holding of the holding by the shareholder or the member of the farm as referred to above. If the holding of the farm investment aid is shared by two or more entities, the aid may be granted if these apply for aid together and at least one third of the agricultural holding is controlled by an agricultural undertaking which: Fulfils the conditions laid down in Article 8.

If, on the basis of an agreement on the distribution of the lease or the management of the property, the part of the holding that is the subject of the aid to which the aid is granted is managed, the grant of the aid shall be conditional on: Is recorded, the rental right is transferable to a third property owner without being heard and the right to rent continues to be valid for at least 10 years from the date of application of the aid.

The conditions for the location and management of the farm may be further specified by the Government Decree.

ARTICLE 10 (19122014/1187)
Condition of the aid to which the aid is targeted

The business activities targeted by the aid must have the necessary conditions for continued profitability. Where an applicant is an association of farmers, the assessment of the conditions for the assessment of the conditions of the enterprise of the members or members of the Community shall be examined. In such cases, the conditions for the continued profitability of business shall be at least half of the members or members of the Community.

The Decree of the Council of State lays down the criteria for the assessment of the conditions for which the aid is to be used.

ARTICLE 11 (19122014/1187)
Business plan

The grant of the aid shall be conditional on the submission by the applicant of a plan for the enterprise under which the aid is intended ( Business plan ). The business plan may also be required from the applicant for investment.

The business plan shall include information on the conditions and the measure to be supported by Articles 8 to 10. In addition, the plan shall include, to the extent appropriate to the measure, the objectives of the enterprise, the means to achieve the objectives and an assessment of the development of the operation. The business plan shall set out the measures to be taken to fulfil the undertaking referred to in Article 8 (3).

The Government Decree provides for more detailed provisions on investments which require the submission of a business plan. The EAFRD shall lay down more detailed provisions on the content and presentation of the business plan and on the forms to be used in drawing up the plan.

ARTICLE 12 (19122014/1187)
Farm production conditions

The aid shall be granted subject to compliance with the mandatory requirements for the farm concerned on the farm concerned, based on the environment, hygiene and animal welfare of the European Union and National legislation. Compliance with the requirements may be required from the applicant.

The Finnish Government Decree provides for a verification of compliance.

ARTICLE 13
Conditions for the measure to be supported

The investment aid for the farm shall not be granted for a measure which has been initiated. No start-up aid for a young farmer shall be granted if the holding has commenced prior to the initiation of the aid application. (19122014/1187)

If the measure is to be supported by the authorisation of the authority, the granting of the aid shall be subject to the presentation of the authorisation.

In addition, if the aid measure includes the construction investment, the applicant shall present a construction plan indicating the effectiveness of the construction investment, the appropriateness and the suitability of the environment.

The decree of the Council of State lays down more precisely the situations in which the measure is deemed to have been initiated and the content of the construction plan. The Ministerial Decree of the Ministry of Agriculture and Forestry may provide for technical, economic, operational, safety and environmental aspects of the investment.

ARTICLE 14
Conditions for financing and amount of the aid

The grant of the aid shall be conditional on the allocation or appropriation of the State budget or the plan for the development of the farm economy.

Aid cannot be granted in so far as the public contribution to the eligible costs of the measure to be supported exceeds the maximum amount of public aid provided for in European Union legislation. In the case of support under the programme, the amount of public funding included in the aid shall not exceed the maximum amount of public funding specified in the programme. (19122014/1187)

The applicant shall provide an explanation of the private financing available for the implementation of the measure to be supported. In addition to the financial performance, the private contribution may be granted for consideration in the form of work or production of a productive contribution.

No aid shall be granted for the construction, extension or renovation of a production structure if the aid amount does not exceed EUR 7 000. The other measures amount to eur 3 000. (19122014/1187)

The Decree of the Council of State provides for the use of unpaid work or production contributions as a private contribution.

§ 15
Selection of measures to be supported

Within the limits referred to in Article 14 (1), the aid shall be granted primarily to measures which significantly contribute to the objectives set out in Article 1 and, where the aid is included in the programme, the objectives set out in the programme.

Where an application concerns investment aid for a holding, the selection of the measures to be supported may take account of the following:

(1) the factors affecting the economic conditions of the aid;

(2) the effects of the measure on the business economy of the aid concerned;

(3) the effects of the measure on the conditions of production of the farm concerned in terms of the working environment, the sustainable use of natural resources or the welfare of animals.

Where an applicant is an association of farmers, the criteria referred to in Article 2 (2) (1) and (2) shall be assessed in relation to the business activities of the members or members of the Community.

Where the application concerns the initial support of a young farmer, the criterion referred to in paragraph 2 (1) shall apply for the selection of the measures to be supported.

More detailed provisions on the criteria to be used for the selection of measures to be supported are laid down by a Council Regulation.

Chapter 4

Specific conditions for the granting of loan assistance

ARTICLE 16
Credit donor

The aid related to the loan may be granted for a loan granted by a creditor authorised under Article 52 of the EAFRD.

§ 17
Conditions for granting interest

The interest rate subsidy may be granted in the State budget, within the limits of the annual rate of issue of interest rate loans, for the purposes of credit:

1) the maturity of the loan is not more than 25 years; (19122014/1187)

(2) the total interest rate shall not exceed the interest rate equal to the interest rate on normal loans granted by the creditor for the same purposes and to which additional interest rate loans have been added; Costs; and

3) the amount of the loan does not cover the eligible costs of the measure to be supported ( Interest rate subsidy ).

The interest rate subsidy shall be three percentage points. However, it is necessary for the loan beneficiary to pay at least 1 % per annum on the loan. Interest shall not be granted in respect of costs arising from a change in the exchange rate of foreign currency credit. (21.12.2015)

The granting of interest payments shall be conditional on the acceptance of the aid application in the form of an interest rate loan and the terms and conditions of the loan.

The Decree of the Council of State lays down the maximum amount of the interest rate loan, the definition of the aid element in the interest rate subsidy and the acceptance of the lender's loan terms.

ARTICLE 18
Conditions for granting a State guarantee

The State guarantee may be granted within the limits of the annual amount of the loans fixed in the operational plan of the EAFRD. At the same time, the principal of the loans covered by the State guarantee may not be paid up to a maximum of eur 80 million. For the purpose of calculating the amount referred to below, the principal of the loans to which the expenditure incurred for the realisation of the liability of the guarantor is borne by the Fund shall be taken into account.

The State guarantee may be granted as collateral for the principal, interest rate and other credit terms of the interest rate loan or other normal loan. The amount of the State guarantee shall not exceed the total cost of the measure to be supported.

A State guarantee may be granted to an applicant who does not have sufficient collateral in relation to the management, location or other related causes of the holding. A State guarantee shall not be granted if the applicant has access to other assets at his disposal.

The granting of a State guarantee is conditional on the absence of significant risks for the granting of the guarantee and a countervailability of the guarantee. It doesn't have to be a security guard. In addition, it is necessary for the creditor to give a favourable opinion on the loan information submitted in the aid application.

The Government Decree provides for a more precise definition of the maximum amount of the State guarantee, the definition of aid in the State guarantee, the countervailability and the assessment of the risks associated with the granting of State guarantees.

Chapter 5

Conditions of aid

§ 19
Periods of operation

The aid measure must be fully implemented within two years of the granting of the aid. However, a shorter period may be set for the measure to be supported if this is justified by the nature of the measure or the nature of the operation. If aid for construction has been granted under the Land Use and Construction Act (132/1999) , the period of validity of the authorisation decision shall be calculated on the basis of the authorisation granted. If the aid has been granted in the context of the construction investment for the acquisition of the movable property and the acquisition cannot be carried out before the construction investment is completed, the deadline for completion of the construction investment shall be calculated. (7 AUGUST 2009)

The Centre for Food, Transport and the Environment may extend the period referred to in paragraph 1 for an application submitted before the expiry of that period. It is required that the implementation of the measure to be supported has been initiated within the period referred to in paragraph 1 and that an extension of the time limit must be accepted. This period may be extended twice for a maximum period of one year. (22.12.2009)

In the case of aid for investment or start-up aid, the period of implementation of the investment or the time set for the payment of start-up aid, or the period referred to in paragraph 1, may continue or may be granted under paragraph 2. Shall continue beyond the period of operation of the programme for which the aid was granted. It is a condition that the payment of the balance of the final part of the aid is possible from the Fund for the Improvement of the Agricultural Development Fund or the State budget in full with national resources. (17/04/2013)

More detailed provisions on the time limit for the adoption of the measure to be supported and the extension of the time limit may be adopted by a Council Regulation. (17/04/2013)

§ 20 (22.12.2009)
Conditions for use of the aid

In the case of aid, the beneficiary of the aid shall use the procedure to ensure that the acquisition of goods or services or the commission of a contract is carried out in accordance with the extent, duration and quality of the measure to be supported, taking into account the most economic Manner. The beneficiary shall treat the participants in the procurement procedure on a fair and non-discriminatory basis, taking account of transparency and proportionality. If the value of the contract does not exceed EUR 30 000, the acquisition may be withheld. Minor construction projects, except for small construction projects, shall be disclosed in a transparent manner. The acquisition shall be carried out in the most transparent manner in relation to the quality and quantity of the contract and the contract award procedure shall be performed in a manner appropriate to the performance of the contract in such a way as to enable the contract and the successive stages of the contract to be verified. If the beneficiary is a public procurement law (348/2007) The contracting entity referred to in paragraph 1 (5) and the EU thresholds referred to in Article 16 of that law shall be exceeded, the acquisition shall be subject to the provisions of that law. The beneficiary of the aid must keep the procurement documents, including the award of the contract, in a way similar to that provided for in Article 21 of this Act and the submission of a report on the performance of the contract in question. In the manner provided for in the paragraph. (13/04/2013)

The purpose of the aided investment is not to be used permanently or to any significant extent to non-aid activities, except for five years after the disbursement of the last instalment of the grant aid and, where the aid is aid linked to the loan, The withdrawal of the loan or its last instalment. In the event of a transfer of ownership or control of the object of the aided investment before the expiry of the period referred to above, the beneficiary of the aid shall, prior to the surrender, obtain the authorisation of the Agency for Enterprise, Transport and the Environment. The granting of the authorisation is subject to the condition that the recipient fulfils the conditions for granting the aid and that the nature of the business which is the subject of the aid does not materially change.

The targeted business activity shall not be terminated or substantially reduced before five years have elapsed since the disbursement of the last instalment of aid and, where the aid is aid linked to the loan, the withdrawal of the loan or the final instalment of the loan. In the event of a transfer of ownership or management of the contested business before the expiry of the period referred to above, the beneficiary of the aid must obtain the authorisation of the industry, the transport and the Environment Agency prior to the surrender. The granting of the authorisation is subject to the condition that the recipient fulfils the conditions for granting the aid and that the nature of the business which is the subject of the aid does not materially change.

The transfer, within the meaning of paragraphs 2 and 3, shall not be regarded as a transfer of the object of the aided investment or of the aid to which the aid is intended to transfer through the succession or through a generational change in respect of which aid was paid The abandonment of agricultural activity or the granting of aid for access to the holding.

The General Council Regulation lays down more detailed provisions on how the acquisition is to be carried out when the EU thresholds referred to in paragraph 1 are not exceeded, as well as any purchases exceeding EUR 30 000 of which may be omnipresent. The decree of the Council of State provides for more detailed information on the notification and procurement procedures and the procurement documents to be kept. (13/04/2013)

The EAFRD may provide more detailed provisions on the content of the invitation to tender, the publication of tenders, the handling of tenders and the methods of agreement. (13/04/2013)

ARTICLE 21
Accountability

The beneficiary shall keep a record of the measure to be supported. Accounting shall be organised as part of the recipient's accounting law (136/1997) , so that the accounts of the measure to be supported can be identified and separated from the rest of the accounts.

If the beneficiary is the person covered by the income tax law of the farm economy (543/1967) , shall be considered as sufficient accounting for the measure to be supported by the beneficiary's other accounts in order to provide taxation. In this case, the accounts shall be organised in such a way that the cost of the measure to be supported can be identified and distinguished from other accounts.

The beneficiary shall keep the accounting records of the measure to be supported as provided for in Articles 9 and 10 of Chapter 2 of the Accounting Act. Where the question is partly funded by the European Union, the records relating to the accounts shall be kept for at least three years from the date of payment by the European Commission of the final financial contribution of the programme. (19122014/1187)

§ 22 (22.12.2009)
Obligation to provide information and assistance

The beneficiary of the aid shall be obliged to provide the measure supported by the Centre for Enterprise, Transport and the Environment, its progress and the correct and adequate information on the use of the aid.

The beneficiary shall, without delay, inform the Centre, the Transport and the Environment Agency of any changes in its position, activity or support measure which may have an impact on the conditions of payment of the aid or which may: Lead to recovery of the aid.

The beneficiary of the aid shall be obliged to assist the examiner referred to in Article 44 by providing the information necessary for the purpose of carrying out the verification mission and the examination of the subject matter of the inspection and, where appropriate, by presenting the supporting documents Measure.

Chapter 6

Specific conditions for loan-related assistance

ARTICLE 23
Granting of interest rate loan

The creditor may grant an interest rate loan and the corresponding debt book may be signed once the aid decision has been taken. The loan shall not be granted on the basis of exceptions to the aid decision. The debt book shall be subject to the condition that the loan terms under the aid decision are given priority over the terms of the promissory note. The aid decision must be attached to the promissory note.

§ 24
Raising the interest rate loan

The interest rate may be increased before the aid decision is final. The maximum quantity shall be raised in no more than two instalments. However, if the interest rate subsidy has been granted for the construction investment, the interest rate subsidy may be increased in no more than five instalments.

The interest rate subsidy or its first instalment shall be increased within the period referred to in Article 19. Where the interest rate subsidy has been granted for the construction investment, the last instalment of the subsidised loan shall not be raised until the construction investment has been completed in full in accordance with the aid decision. The last tranche of the aid shall be increased within five months of the end of the period referred to in that Article. (19122014/1187)

For the purposes of raising the interest rate or batch, the beneficiary of the aid shall obtain the authorisation referred to in Article 38. The authorisation shall be presented to the creditor prior to the withdrawal.

More detailed provisions on the drawback of the loan can be provided by the Government Decree.

ARTICLE 25
Reduction of the interest rate loan and payment of interest

The interest rate loan shall be shortened half-yearly or quarterly in equal instalments.

The first payment shall be due at the latest on the maturity date of the first instalment of the loan or the first instalment of the loan. However, where an interest rate subsidy has been granted for a construction investment, the first payment shall be due not later than on the due date, which shall first be followed two years after the loan or the first instalment of the loan. Interest shall be made on a half-yearly or quarterly basis, including from the date of withdrawal of the loan or each instalment.

The creditor and the recipient of the aid may agree on additional payments, their impact on the remaining instalments and the early repayment of the loan.

The creditor may grant a deferral payment if this is necessary due to the temporary financial difficulties of the beneficiary. A deferral may be granted for a maximum period of one year and a total of up to five years. As a result of the deferral, the duration of the loan may be extended within the limits of the maximum period laid down in Article 17 (1) or the remaining instalments may be increased.

§ 26
State guarantee conditions

The State guarantee shall be granted as a full guarantee. For the purpose of an increase in the underlying loan or tranche, the beneficiary of the aid shall obtain the authorisation referred to in Article 38. The authorisation shall be presented to the creditor prior to the withdrawal.

The State guarantee shall enter into force after the amount of the loan or its first instalment has been raised, the one-off payment referred to in Article 55 (1) has been made and the counter-guarantee has been lodged. The guarantee shall not be binding on the State if the measures referred to above have not been taken within two years of the granting of the State guarantee or the conditions laid down in Article 27 are not complied with.

In addition to what is provided for in this law, the State guarantee shall be subject to the provisions of the guarantee and the lien on foreign debt (1999) Provides. However, the limitation of the State guarantee does not apply to the provisions of Article 19 (3) of that Law.

§ 27 (22.12.2009)
Transfers of loans and modification of loan terms

The eligible loan may be transferred to another creditor recognised in accordance with Article 52. The loan may be transferred to another recipient if the Centre for Enterprise, Transport and the Environment accepts this in the context of the decision referred to in Article 34.

The conditions of the eligible loan may be changed, provided that this does not affect the fulfilment of the conditions or conditions of the granting of the aid or as a guarantor of the State's status. Otherwise, the recipient of the aid must obtain the conditions for a change in the terms of the loan, the authorisation of the transport and the environment. The authorisation shall not be granted if the change in the terms of the loan affects the conditions for granting the aid.

If a State guarantee does not apply to its interest rate loan, the loan may be transferred and its terms adjusted without restriction after the payment of the interest subsidy is terminated.

The decree of the Council of State lays down more precisely the situations in which a change in the terms of the loan requires the acquisition of an authorisation and the time limit for obtaining authorisation. The EAFRD shall provide more detailed provisions on the forms to be used for obtaining the authorisation.

Chapter 7

Application and grant of aid

ARTICLE 28
Information on the possibility of information

The EAFRD shall, to the appropriate extent, inform the Commission of the possibility of searching for aid, the time limit for applying for aid, the procedure to be followed and the main conditions and conditions of the grant.

§ 29 (19122014/1187)
Aid application

An online service, which is part of the information system referred to in Article 50 of the Development Aid Code, will be applied electronically. The applicant shall be identified by the network service using a strong electronic identification and electronic signature law (617/2009) The strong electronic identification referred to in paragraph 1. The aid application may also be submitted by means of a dedicated form, which must be signed.

The application shall be accompanied by the documents, reports and plans necessary for the assessment of the conditions for granting the aid.

The application, including the annexes, shall be stored in the information system and then processed primarily by electronic means. An application made on the form shall be filed electronically, subject to particular reason.

The EAFRD shall provide more detailed provisions on the forms used for the application of the aid, the annexes referred to in paragraph 2 and the presentation of plans and reports and the procedures for electronic application.

ARTICLE 30 (19122014/1187)
Application for assistance

A time limit may be set for the application. If the search period is not set, the aid applications may be settled periodically. The aid application shall be submitted to the competent industry, transport and environmental centre. Unless the Law on Organ, Transport and Environmental Centres (1897/2009) , the competent authority shall be the centre of economic activity, transport and environment in which the economic centre of the holding is situated or, if the economic centre of the holding is located in several means of life, transport and the Environment Agency In the area of activity, the Centre for Enterprise, Transport and the Environment, in whose territory the bulk of the farm production is located.

The deadline for applying for aid is laid down in more detail by a decree of the State Council. The EAFRD shall provide more detailed provisions on the technical organisation of the receipt and processing of the aid application, the labelling of the application dossier and the transfer of aid applications from the form to the information system.

ARTICLE 31 (22.12.2009)
Assessment of the aid application

Prior to the granting of the aid decision, the Centre for Enterprise, Transport and the Environment may ask the other authorities for an opinion on the aspects relating to the beneficiary of the aid and the measure to be supported if it is necessary to grant the aid. Assessment of the conditions.

The Centre for Food, Transport and the Environment may, before granting the aid, carry out the conditions under which the aid is granted and the measure to be supported to assess the farm visit. The findings of the farm visit shall be recorded and communicated to the applicant. The accommodation shall not be carried out on the premises of domestic peace.

ARTICLE 32
Suspension of aid

The Ministry of Agriculture and Forestry has the right to suspend the granting of aid at national or regional level, if required by European Union legislation. (19122014/1187)

The granting of aid may be suspended or suspended. Prior to the suspension, the matter shall be negotiated with the producer and business organisations concerned. The suspension shall be communicated to the appropriate extent and shall be published in the Official Journal.

§ 33
Aid decision

The Centre for Food, Transport and the Environment decides on the granting of aid. The decision shall clearly indicate the amount of the aid granted, the conditions of the aid provided for in this Act, the conditions for the payment and recovery of the aid and the conditions of the guarantee. The decision must also reflect the conditions and conditions laid down in European Union law. The decision on the construction investment approves the construction plan. (19122014/1187)

The decision on the loan-related aid approves the amount and the terms of the loan under the interest rate or the State guarantee. In the event of a change in the interest rate decision in the event of a complaint, the creditor's consent shall be required to change the amount and conditions of the loan.

If the aid measure requires the acquisition of an authorisation and the applicant has not, by the date of the decision, submitted a valid authorisation, the aid decision may be taken as a condition for the decision to lapse, unless the applicant presents a legal force within the prescribed period. A permit allowing the operation to be carried out in accordance with the aid decision.

Paragraph 4 has been repealed by L 19.12.2014/1187 .

§ 34 (22.12.2009)
Transfer of the right under the aid decision

The right to support under the aid decision may be transferred to another body within the meaning of Article 5, provided that the conditions for granting the aid are met. The claimant shall apply for the transfer of the right under that decision in accordance with the procedure referred to in Article 29. The decision to transfer the aid decision will be decided by the Centre for Enterprise, Transport and the Environment.

Chapter 8

Payment of aid

ARTICLE 35 (19122014/1187)
Payment of start-up aid for grant form

The start-up aid for a young farmer shall be paid without a separate application. The grant is paid as two instalments.

If the start-up aid was granted before the start of the holding, the payment of the first instalment of the grant shall be subject to the submission by the beneficiary of a statement of the initiation of the holding.

More detailed provisions on the instalments of the grant start-up aid and the deadline for submission of the report referred to in paragraph 2 shall be laid down by a Council Regulation. The EAFRD shall provide more detailed provisions for the above report.

§ 36 (19122014/1187)
Payment of aid for investment aid

The fee for the grant of the investment aid shall be applied using the network service referred to in Article 29 (1). The examination of the application for payment shall be subject to the provisions of Article 29 of the aid application. The application for payment may also be made by means of a signed form, which shall be signed and transmitted to the authority which granted the aid.

The application for payment shall be accompanied by studies and accounting documents necessary for the conditions of payment of the aid.

The grant may be paid in a maximum of five instalments. The grant shall not exceed the rate of refund and the proportion of the eligible costs involved in the application for payment.

The payment of the grant is subject to the condition that the recipient has complied with the conditions of the aid. In addition, payment shall be made conditional on the actual expenditure incurred by the beneficiary, the finality, the verifiability and the targeting of the measure to be supported. If the grant is granted for investment in construction, the payment of the last instalment shall be subject to the completion of the construction investment as a whole in accordance with the aid decision.

More detailed provisions on the criteria to be used to assess the effectiveness, finality and verifiability of expenditure are laid down by a Council Regulation. The amount of aid for investment aid and the time limit for the submission of a payment claim may be further adjusted by a decree of the Council of Ministers.

The EAFRD shall provide for more detailed provisions on the forms to be used for the application, the documents accompanying the application for payment, and the manner in which the plans and studies are presented, the procedures for electronic applications, receipt of the application for payment, , the technical organisation of the processing, the labelling of the application dossier and the transfer of applications made using the form to the information system.

§ 36a (19122014/1187)

Article 36a has been repealed by L 19.12.2014/1187 .

ARTICLE 37 (22.12.2009)
Execution of aid for grant aid

The payment of assistance shall be decided by the Centre for Enterprise, Transport and the Environment. The Centre for Food, Transport and the Environment will compile the information on payment decisions which it has granted and submit them to the EAFRD. The EAFRD shall be responsible for verifying and approving expenditure in payment decisions and on the technical execution of payments.

ARTICLE 38 (19122014/1187)
Nostolupa

An application for withdrawal of the loan or instalment of the aid to be granted shall be granted by the Centre for Enterprise, Transport and the Environment. The application for a lifting licence shall apply to the application of Article 36 (1). The application shall be accompanied by the accounting documents and reports necessary for the authorisation. An application for a lifting licence may be set at a time limit which may be extended once before the expiry of that period. An extension of the deadline should be an acceptable reason.

The amount of the aid subject to the aid may be raised at a time equal to the amount corresponding to the costs incurred. The grant of a lifting licence shall be subject to compliance with the conditions of the aid. In addition, the finality and verifiability of the expenditure incurred by the beneficiary and the targeted measure shall be a condition.

In the case of a loan for the start-up of a young farmer and the aid has been granted before the start of the holding, the grant of a lifting licence shall be subject to the submission by the beneficiary of a statement of the initiation of the holding.

The decree of the Council of State lays down the criteria to be used for the assessment of the actual, finality and verifiability of the expenditure and the time limit for obtaining a lifting licence. More detailed provisions on the forms used in the application for authorisation and on the documents and reports to be attached to the application shall be provided by the EAFRD.

ARTICLE 39
Payment of interest payment

Interest shall be paid in accordance with the amount referred to in Article 17 (2) in respect of the total interest rate in the interest rate in force during each interest period. However, interest payments shall be paid in total for a maximum amount equal to the nominal amount of the aid granted.

If the interest rate subsidy is repaid in full, the payment of the interest subsidy shall cease from the date of repayment of the loan. Interest shall not be paid in the case of loan capital due, unless the question is about the initiation of a business restructuring or a private person's debt arrangement. In the case of a reduction in the total interest rate on the basis of the above or equivalent arrangement, the interest rate subsidy shall be paid by three percentage points of the total interest rate, but not more than the total interest rate. (17/04/2013)

The creditor shall apply for the interest rate payment for each period of interest, but not more than once a month. The central mfi, approved by the EAFRD, shall submit the application to the EAFRD, which shall make the payment to the central mfi. The central mfi shall transmit the interest rate subsidy to the creditor.

More detailed provisions on the procedure for applying and transferring interest-rate subsidies shall be given by the EAFRD.

Chapter 9

Monitoring of aid

ARTICLE 40 (19122014/1187)
Information for monitoring purposes

Upon request, the beneficiary shall submit reports on the implementation of the business plan and the monitoring and effectiveness assessment of the aid to the Centre for Enterprise, Transport and the Environment.

The Agency shall lay down more detailed provisions on the content and presentation of the reports and their submission to the Centre for Enterprise, Transport and the Environment.

Article 40a (13/04/2013)
Notice concerning the procurement procedure contrary to the conditions of use of the aid

If the acquisition of the measure to be supported does not apply to the award of a public procurement law, the tenderer whose tender has not led to a contract award procedure referred to in Article 20 shall, within two weeks, submit a tender to: On the notification of the rejection of the information, the right to receive a reasoned reply from the provider of the industry, transport and the environment, whether the purchase has been carried out in a manner satisfying the conditions of the payment of the aid. The reply shall be given after the application for payment of the aid for the purchase has been processed by the Centre for Enterprise, Transport and the Environment. If, following the notification of the application for payment of the aid, it is found that a material error has occurred in the procurement procedure, the payment of the aid and the recovery of the aid already paid, the provisions of Article 46 shall apply.

If the reply referred to in paragraph 1 has not been given within six months from the date of the notification, that the payment of the aid has not yet been claimed, the business, transport and the Agency shall request an answer from the beneficiary. To provide the necessary information.

The tenderer, his representative and his assistant, as referred to in paragraph 1, shall not be entitled to the information provided by the Centre for Enterprise, Transport and the Environment with a view to the adoption of the reply referred to in paragraph 1 and concerning a second tender The business and professional secrecy of the author. However, information on the price used and the other factor used shall always be provided. (12/01/1415)

ARTICLE 41
Monitoring of the underlying loan

The creditor shall organise the monitoring of the management of the loan which is the subject of the aid and the cost of the interest subsidy. It shall communicate periodically to the EAFRD information on the granting, raising, shortening and rate of interest payment of the loan. The creditor shall, without delay, take care of the changes in the underlying loan to its information systems.

The Government Decree provides more detailed information on the information to be provided by the creditor to the EAFRD. The EAFRD shall provide more detailed provisions for the presentation of the information and the procedure to be followed for the provision of such information.

ARTICLE 42 (19122014/1187)
Monitoring information system

Article 50 (1), (3) and (4) of the Development Aid Code shall apply to the information system used to monitor the tasks under this Act.

ARTICLE 43 (19122014/1187)
Data retention

The information contained in the information system shall be kept for 10 years following the adoption of the decision granting the aid. If the aid is granted, the information shall be kept for a period of 10 years from the payment of the last instalment of the grant or the withdrawal of the last instalment of the interest subsidy, however, as long as the interest rate subsidy is paid. Data on the State guarantee shall be kept for the period of validity of the guarantee or, where the liability of the guarantor has been fulfilled, for as long as the retroactivity can be recovered. Where the question is part of the contribution of the European Union to the support provided for in the programme, the information shall be kept for five years following the payment of the last Union financial contribution by the European Commission.

Chapter 10

Inspection

ARTICLE 44 (22.12.2009)
Right of access

The Ministry of Agriculture and Forestry and the EAFRD may carry out checks to verify compliance with the conditions and conditions relating to the granting, payment and use of the aid, and checks on donors, intermediaries and recipients. In the case of intermediaries and recipients, the corresponding right is provided by means of life, transport and environmental centres.

ARTICLE 45
Execution of the audit

The inspection may relate to buildings, premises, conditions, information systems and documents relevant to the extent to which the control function is subject. However, the inspection shall not be carried out on the premises of domestic peace.

An external auditor may be authorised by an external auditor to carry out the verification. The statutory auditor shall be in the auditing law (17/01/2015) Referred to as an auditor. A responsible auditor shall be appointed by the audit firm. When carrying out the audit function, a management law shall apply. (2003) , language law (2003) , the language law (1886/2003) And the law on public authorities' activities (18/09/1999) . The auditor carrying out the audit function shall be subject to the provisions relating to civil liability. The damage caused by the mission is subject to the provisions of the law on damages. (1999) Provides. (18/05/1168)

L to 16/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:

An external auditor may be authorised by an external auditor to carry out the verification. The statutory auditor shall be in the auditing law (209/2007) Or the Law on the auditors of the public administration and the economy (467/1999) An audit firm or an audit firm. A responsible auditor shall be appointed by the audit firm. When carrying out the audit function, a management law shall apply. (2003) , language law (2003) , the language law (1886/2003) And the law on public authorities' activities (18/09/1999) . The auditor carrying out the audit function shall be subject to the provisions relating to civil liability. The damage caused by the mission is subject to the provisions of the law on damages. (1999) Provides.

The procedure to be followed is governed by Article 39 of the Administrative Code. The audit report shall be transmitted without delay to the Centre for Life, Transport and Environment and the Rural Development Agency. (19122014/1187)

The person carrying out the inspection shall have the right to take possession of the documents and other material relating to the use of the aid if it is necessary to achieve the objective of the inspection. Documents and other materials shall be returned without delay when carrying out the inspection no longer requires holding.

The authority referred to in Article 44 shall have the right to receive assistance from the police in the performance of the inspection mission.

Chapter 11

Suspension and recovery of the aid

ARTICLE 46
Suspension and recovery of the aid

The Centre for Food, Transport and the Environment shall be obliged to suspend the payment of aid and recover the aid if:

(1) the conditions for granting or paying aid have not been met;

(2) the recipient has provided incorrect or incomplete information which has materially affected the granting or payment of the aid;

(3) the conditions of the aid have not been respected;

(4) the beneficiary has not fulfilled the undertaking referred to in Article 8 (3);

(5) the beneficiary of the aid has given up, without any means of life, the transport and the Environment Agency's authorisation, before the expiry of the period provided for in Article 20, the object of the aid which is the object of the aid;

(6) the beneficiary has refused to assist in the inspection; or

(7) European Union legislation on agricultural structural aid financed by the European Union or financed entirely from national resources is required. (19122014/1187)

(22.12.2009)

However, an amount of up to eur 100 may not be recovered.

If the aid has been granted jointly, all aid recipients shall be jointly and severally liable for repayment of the aid. In the case of aid recipients, the liability is broken down in proportion to the beneficiary's involvement in the activities justifying the obligation to refund.

§ 47 (19122014/1187)
Interest payable on the amount to be recovered

The amount to be recovered shall be carried out in the interest of the (633/1982) The annual interest rate referred to in paragraph 1. The interest shall be calculated on the basis of the period commenting 60 days from the date of the recovery decision and ending at the time of execution of the claim or, in the case of a later instalment, of the date of deduction.

ARTICLE 48 (19122014/1187)

§ 48 has been repealed by L 19.12.2014/1187 .

ARTICLE 49 (19122014/1187)
Reasonable recovery of recovery

The Centre for Food, Transport and the Environment may omit, in full or in part, the amount or interest paid to it in full or in part, if the full recovery of the recovery would be in the context of the recipient's circumstances and activities. Taken as a whole, considering the excessive amount. However, recovery and recovery of interest shall be carried out in full if the European Union co-financed or fully financed by the European Union, financed or financed by national funds, Required.

§ 50 (22.12.2009)
Decision on recovery and suspension of payments

A decision on recovery and suspension of the payment of aid must be made by the industry, transport and the environment. The decision fixes the amount to be recovered and the date fixed for the execution of it. (19122014/1187)

The recovery decision shall be taken without undue delay after receipt of the information provided for in Article 46, and no later than 10 years after the payment of the last instalment of the aid.

ARTICLE 51
Implementation of recovery decision

The EAFRD is responsible for the implementation of the recovery decision. Recovery may be carried out in such a way that the amount to be recovered plus interest is deducted from the other aid payable to the beneficiary. In this case, the recovery decision has taken the form of a legal force.

The recovery decision may be implemented by means of enforcement after the decision has been taken. The implementation of the Decision is subject to the law on the implementation of taxes and charges (20/2007) Provides.

Chapter 12

Procedures relating to loan assistance

ARTICLE 52
Credit institution approval

The creditor may be approved by the credit institution (610/2014) Chapter 1, Article 7 Of a credit institution which has the administrative and technical conditions necessary for the fulfilment of the tasks laid down in this Act. (88/2014/641)

A central bank may be approved by a creditor or a credit institution or other entity referred to in paragraph 1, which the lenders have authorised to carry out the tasks set out in this Act to the central mfi. The body referred to above shall be subject to the necessary administrative and technical conditions.

The Agency shall decide whether to approve the credit institution or the entity to act as a creditor or a central bank. The decision shall be made on an application which shall indicate the information necessary for the conditions of approval. Approval may be withdrawn if the conditions for approval are no longer met.

The provisions on the conditions for the approval of the lender and the central bank and the procedure for applying for approval are laid down by a decree of the Government. The EAFRD shall provide more detailed provisions for the forms to be used for the application and the technical details of the conditions of approval.

ARTICLE 53
Management of the tasks of the creditor and the central bank

The person employed by the creditor or the central financial institution shall be subject to the provisions relating to criminal liability in the performance of Article 39 (3), Articles 41 and 54 and Article 55 (2). The damage caused by the tasks referred to above shall be subject to the provisions of the law on compensation.

ARTICLE 54 (22.12.2009)
Accountability and disclosure of the creditor

The creditor shall inform the Centre for Business, Transport and the Environment of the transfer of the eligible loan to the other lender and of any changes to the terms of the loan referred to in Article 27 (2) which do not require a means of subsistence, Transport and the Environment Agency.

In the performance of the loan, the creditor shall take into account the interest of the State as guarantor. The creditor shall promptly inform the EAFRD of any change in the financial position of the beneficiary of the aid, the underlying loan or the value of the value of the loan, which may have an impact on the State's position; Guarantor.

The creditor and the central bank shall, at the request of a specified request, disclose information to the Ministry of Agriculture and Forestry, the EAFRD and the Centre for Enterprise, Transport and the Environment concerning the beneficiary of the aid, which are: Necessary to monitor compliance with the conditions and conditions for the granting of aid.

The reporting obligation of the creditor and the central mfi also applies to confidential information. Data shall not be used for purposes other than the purpose for which they have been surrendered to the Authority.

ARTICLE 55
Fees for the State guarantee

The State guarantee shall be levied on the beneficiary of the aid, determined as a percentage of the amount of the loan covered by the guarantee. The fee shall not exceed EUR 200. In addition, a charge is levied twice a year as a percentage of the outstanding amount of the loan covered by the guarantee. Payments are being made to the Agricultural Development Fund.

The charge referred to in paragraph 1 shall transmit the creditor to the State. The Agency shall compensate the creditor for carrying out the task referred to above. The compensation shall be paid from the Fund for the Improvement of Living and Working Conditions.

The decree of the Council of State provides for more details on the amount of the guarantee to be recovered and the amount of compensation to be paid to the creditor. The EAFRD may provide more detailed provisions on the procedure for the transmission of payments.

ARTICLE 56
Implementation of guarantor liability

The liability of the State guarantor, as well as the interest under the right of recourse, is the responsibility of the EAFRD.

The EAFRD may decide that State guarantees may not be recovered from a beneficiary of aid which cannot reasonably be considered to be able to cope with a permanent incapacity for work, long-term unemployment, maintenance or other Reasons.

Payments arising from the implementation of the guarantor's liability shall be made available from the Fund for the Development Fund. Compensation received on the basis of the right to guarantee shall be credited to that fund.

Chapter 13 (17/04/2013)

(17/04/2013)

Chapter 13 has been repealed by L 17.1.2014/29 .

Chapter 14

Outstanding provisions

ARTICLE 61 (19122014/1187)
Access to information and disclosure of information

The right of the Ministry of Agriculture and Forestry, the EAFRD and the Business, Transport and Environment Agency to obtain and dispose of the information on aid granted under this Act shall apply as provided for in Article 64 of the Development Aid Code.

§ 62 (19122014/1187)
Signature of the document

The document produced by the authority referred to in this Act may be signed in a machine-readable manner.

ARTICLE 63 (19122014/1187)
Payment of the decision

The decision referred to in this Act shall be free of charge to the applicant and the beneficiary.

ARTICLE 64 (22.12.2009)
Regional allocation of funds

The Ministry of Agriculture and Forestry is responsible for the allocation of the allocation or appropriation referred to in Article 14 (1) for the purposes of this Law and shall decide to allocate them to transport and environmental centres.

ARTICLE 65 (19122014/1187)
Technical assistance

The use of technical assistance for the implementation of the aid provided for in this Act is governed by Article 65 of the Development Aid Code.

ARTICLE 66 (22.12.2009)
Prohibition of appeal

The decision referred to in Article 19 (2) of the Food, Transport and Environment Agency shall not be subject to any individual appeal.

§ 67 (31.1.2015)
Appeals appeal

An appeal against the decision referred to in this law by the EAFRD and the Transport and Environment Agency under this law may be appealed to the administrative court of Hämeenlinna, as in the case of administrative law (18/06/1996) Provides.

The statement of appeal may also be forwarded to the authority which made the decision, which shall, without delay, submit a statement of appeal, together with the documents collected in the case and the appeal to the administrative court.

The decision on the decision on the suspension or recovery of the aid may be appealed to the Supreme Administrative Court as laid down by the Administrative Law. Otherwise, the decision of the Administrative Court may only be appealed against if the Council of State grants a licence.

ARTICLE 68 (17/04/2013)

§ 68 has been repealed by L 17.1.2014/29 .

Chapter 15

Entry into force

ARTICLE 69
Entry into force

This Act shall enter into force on 1 January 2008.

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

ARTICLE 70
Transitional provision concerning the information system

Prior to the processing of customer information, the entry into force of the legislation relating to the entry into force of the legislation relating to the management of the rural economy in accordance with Article 42, the maintenance, use and publicity of the information contained in the information system included in the information system. The secrecy shall apply to the provisions of the Law on Rural Business Registration (1515/1994) Provides.

THEY 113/2007 , MmVM 6/2007, EV 121/2007

Entry into force and application of amending acts:

7.8.2009/598:

This Act shall enter into force on 12 August 2009.

Applications for aid brought before the entry into force of this Act shall be subject to the provisions in force at the time of entry into force of this Act. However, Article 24 (2) shall apply to the subsidised loan for which the aid decision was taken on or after 1 January 2008.

THEY 65/2009 , MmVM 6/2009, EV 91/2009

22.12.2009/15:

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

13/05/499:

This Act shall enter into force on 1 November 2011.

Applications for the grant of aid pending at the time of entry into force shall be subject to the provisions in force at the time of entry into force of the law.

THEY 294/2010 , MmVM 36/2010, EV 367/2010

26.08.2011/995:

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

Upon entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 247/2010 , MmVM 34/2010, EV 353/2010

22.12.2011/14:

This Act shall enter into force on 1 January 2012.

THEY 40/2011 , MmVM 11/2011, EV 86/2011

21.12.2012:

This Act shall enter into force on 1 January 2013.

On the date of entry into force of the Act, the aid granted before the entry into force of the Act shall apply to the provisions in force and to the terms of the contract.

THEY 102/2012 , MmVM 4/2012, EV 133/2012

17.1.2014/29:

This Act shall enter into force on 22 January 2014. However, Article 2 of the Law shall enter into force at the time of the Council Regulation.

L 29/2014 § Entered into force on 1 September 2014 702/2014 In accordance with

The provisions in force upon entry into force of this Act shall apply to the case pending at the time of entry into force of this Act and to the aid granted and to the prior approval of the construction product. However, Article 19 (3) and (4) shall apply from the date of entry into force of the law.

The provisions of Article 19 (3) and (4) shall also apply at the time of entry into force of this Act, in full or in part, in the form of aid to be granted by the European Union.

Upon the entry into force of Article 2 of this Act, the provisions in force at the time of entry into force of Article 2 shall apply.

THEY 142/2013 , MmVM 22/2013, EV 209/2013

31.1.2014/80:

The entry into force of this Act shall be regulated by law.

L 80/2014 Entered into force on 1 September 2014 75/2014 In accordance with

THEY 121/2013 , MmVM 17/2013, EV 186/2013

8.8.2014/641:

This Act shall enter into force on 15 August 2014.

THEY 39/2014 , TaVM 6/2014, EV 62/2014

19.12.2014/118:

This Act shall enter into force on 1 January 2015.

The provisions in force at the date of entry into force of this Act shall apply to applications and aid pending before the entry into force of this Act.

THEY 196/2014 , MmVM 19/2014, EV 199/2014

18.9.2015/1168:

This Act shall enter into force on 1 January 2016.

THEY 254/2014 , TaVM 34/2014, EV 371/2014