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The Law On The Replacement Of The Reindeer Economy Up To The Damage

Original Language Title: Laki porotaloutta kohdanneiden vahinkojen korvaamisesta

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Law on compensation for damage to reindeer husbane

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Purpose of the law

The purpose of this law is to help the operators of the reindeer economy cope with the extensive and unexpected damage to the reindeer economy.

ARTICLE 2
Scope

This law shall apply to reindeer (188/1990) Compensation for damage caused by natural or other damage caused by the reindeer husbane in the reindeer husbane area.

ARTICLE 3
Natural disaster and destruction

For the purpose of this Law Natural disaster and other destruction :

(1) exceptional weather and natural conditions, which constitute a significant barrier to the use of normal pastures by reindeer and cause significant additional feeding conditions, otherwise lead to a significant loss of reindeer or otherwise significantly The ability of reindeer to survive in nature;

2) an exceptional and widespread animal disease which has been infected with reindeer.

The decree of the Council of State lays down more precise provisions for compensation for an acceptable natural disaster and other destruction.

For the purposes of this law, the damage is both natural and other destruction.

§ 4
General conditions

The compensation provided for in this Act may be paid out of State resources for damage caused directly from the destruction of the reindeer economy.

The payment of compensation shall be conditional on the allocation of the amount allocated to the EAFRD in the annual plan for the development of the EAFRD or the allocation or allocation of the State budget.

§ 5
Detection of destruction

The payment of compensation shall be subject to the condition that the destruction and its extent and impact on the reindeer economy have been documented by one or more research institutes, depending on the quality of the destruction.

The State Council Regulation lays down a procedure for the detection of destruction.

The Ministry of Agriculture and Forestry will decide on the use of research institutes and private research institutes in their administration. The State Council decides on the use of other public research institutions.

The change of circumstances to compensation for compensation is found by a decision of the Council of Ministers.

ARTICLE 6
Verification of injury

The damage suffered by the reindeer husk is assessed by the municipality's rural economy. If the damage and the amount are obvious, the economic, transport and environmental centre can dispense with the assessment.

The damage to the Palisms is assessed by the municipality's rural economy or industry, the transport and environment centre.

A decree of the Council of State may provide more specific provisions for the assessment of injury and when the assessment may be waived.

§ 7
Replacement injury

Replacement injury may include compensation for loss of income or additional costs incurred in the loss of income resulting from the loss of reindeer.

The criterion for assessing the amount of the injury shall be based on the average live weight and the amount of the production costs and income of the applicant during the three years preceding the destruction.

§ 8
Replacement beneficiary and conditions for compensation

The compensation may be paid to the reindeer husbane and to the firemen.

The payment of compensation as a condition for the reindeer husbanken is that he or she has suffered significant additional costs as a result of the death or destruction of reindeer, and that he or the food to which he or she Is at least 50 reindeer.

The payment of compensation shall be subject to the condition that it has incurred significant additional costs.

The Decree of the Council of State lays down more detailed rules on the losses which may be compensated for, the additional costs eligible, the maximum amounts of compensation and the additional costs to be reimbursed, and the Of the members of the food service.

§ 9
Compensation amount

The compensation may be paid up to a maximum amount corresponding to the amount of the loss or acceptable cost incurred in excess of the exposure.

The applicant's own liability shall be at least 20 % of the loss recorded and the additional costs eligible.

In the context of the decision referred to in Article 5 (3), the Council of State shall also decide on its own contribution.

ARTICLE 10
Reconciliation of compensation and aid

The compensation shall be paid only in so far as the applicant does not pay compensation in excess of the amount of the insurance, or the subsidy or other remuneration from the public purse.

Where the applicant is paid for the same purpose in the event of loss or additional costs, it shall be considered that they are primarily concerned with a share exceeding their own contribution.

ARTICLE 11
Application for compensation

The claim shall be submitted in writing from the Lapland Organ, Transport and Environmental Centre. The application shall be signed by the applicant.

The compensation may be applied after the destruction has been established by a decision of the State Council.

The decree of the Council of State lays down more detailed provisions on the deadline for the application of the compensation, the procedure for seeking compensation and the explanations required for the application.

ARTICLE 12
Decision on compensation

The Centre for Food, Transport and the Environment takes a decision to pay compensation. If the damage suffered by the Fire Department has been assessed by the Centre for Enterprise, Transport and the Environment, the decision to pay compensation will be made by the Agency.

The decree of the Council of State may provide for a deadline for the decision to be taken.

ARTICLE 13
Payment of compensation

The compensation will be paid by the EAFRD.

ARTICLE 14 (31.1.2015)
Other implementation of the compensation scheme

The compensation referred to in this Act shall apply to the State aid law (2002) As regards the matters referred to in Articles 9 (2), 10 and 11, 12 (1), 13 to 21, Article 22 (1) (1), (2) and (7) and (2) and (3), and Articles 23 to 33 and 35 to 36.

In addition to what is provided for in Article 16 of the State Aid Act, the right to carry out inspections and its decision to carry out inspections is also carried out by the Ministry of Agriculture and Forestry and the Rural Development Agency.

Notwithstanding the provisions of the State Aid Act, the compensation may be recovered if the State aid or other legislation of the European Union so requires.

L to 25/2014 Article 14 shall enter into force at the time of the Council Regulation. The previous wording reads:

ARTICLE 14
Other implementation of the compensation scheme

The compensation referred to in this Act shall apply to the State aid law (2002) To the extent that Article 9 (2), Articles 10 and 11, Article 12 (1), Articles 13 to 21, 22 (1), (1), (2) and (7) and (2) and (3) and Articles 23 to 36 of that law are concerned.

In addition to what is provided for in Article 16 of the State Aid Act, the right to carry out inspections and its decision to carry out inspections is also carried out by the Ministry of Agriculture and Forestry and the Rural Development Agency.

Notwithstanding the provisions of the State Aid Act, the compensation may be recovered if the State aid or other legislation of the European Union so requires.

An appeal against the decision by the Department of Appeal, Transport and the Environment of the Rural Business Appeal Board may be appealed against.

Article 14a (31.1.2015)
Appeals appeal

The decision referred to in Article 5 of the State Council and the Ministry of Agriculture and Forestry shall not require any adjustment or appeal.

The decision of the Authority may require an adjustment to the decision-making authority of the Agency, as provided for in the Administrative Act. (2003) Provides.

The decision on the request for adjustment shall be subject to appeal against the administrative law of the North of Finland as in the case of administrative law (18/06/1996) Provides.

§ 15
Suspension of compensation and recovery of compensation

The decision to suspend the payment of compensation and the recovery of the compensation will be made by the Centre for Enterprise, Transport and the Environment. The decision fixes the amount to be recovered, the interest rate law (633/1982), The interest rate, the date on which they are to be made, and Article 4 of the Corsican The interest rate referred to in the case.

A recovery decision shall be taken without undue delay following the receipt of the information provided by Articles 21 or 22 of the State Aid Act, and no later than 10 years after the receipt of the information provided for in Articles 21 or 22 of the State Aid Act. Payment of the final instalment.

ARTICLE 16
Implementation of recovery decision

The EAFRD is responsible for the implementation of the recovery decision. On the basis of the recovery decision, the recovery shall be effected in such a way that the amount to be recovered, plus interest, is deducted from the other aid payable to the beneficiary.

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.

§ 17
Costs arising from the detection of destruction and injury assessment

The establishment of the destruction shall be carried out by the Food Safety Agency, the Natural Resources Centre or the Radiation Security Agency, after the decision to use the Institute for Destruction has been decided in accordance with Article 5 (3). (27.6.2011)

L to 578/2014 (1) shall enter into force at the time of the Regulation. The previous wording reads:

The detection of destruction falls within the remit of the Food Safety Agency, the Institute for Riga and Fisheries, the Forest Research Institute or the Radiation Security Centre, after the use of the Institute for Destruction in Article 5 (3) By means of a decision.

Where a private body is used for the purpose of the destruction of the farm, compensation from the Fund for the development of the farm economy may be paid for reasonable eligible costs. The decision to pay compensation will be made by the Ministry of Agriculture and Forestry.

The cost of carrying out the tasks entrusted to the municipality for carrying out the tasks referred to in this Act shall not be paid by State resources other than by the Law on the State share of basic services (1704/2009) The compensation provided.

ARTICLE 18
Entry into force

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

This law shall apply to allowances paid on the basis of the destruction resulting from the entry into force of this Act.

Before the law enters into force, action can be taken to enforce the law.

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

Entry into force and application of amending acts:

31.1.2014/86:

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

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

27 JUNE 2014/578:

This Act shall enter into force on the same day as the law on compensation for damage to the reindeer economy (987/2011) .

THEY 33/2014 , MmVM 11/2014, EV 66/2014