Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
This law shall apply to the European Parliament's rules on direct payments to farmers under the common agricultural policy support schemes and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 And Council Regulation (EU) No 1307/2013 (hereinafter ' the The aid regulation , the granting of the aid referred to in Annex I and the granting, use, transfer, return and transfer of payment entitlements. (12/04/1356)
This law is applicable in the province of Åland, if it is the law of the Åland Islands. (14/04/1991) Under the jurisdiction of the kingdom.
This Act shall apply to Regulation (EU) No .../... of the European Parliament and of the Council on the common organisation of the market in agricultural products and repealing Council Regulations (EEC) No 992/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 1308/2013, hereinafter referred to as Regulation of the market organisation , the granting and payment of aid to the farmer under Articles 219 to 221 in the event of a market disturbance. (30/04/2013)
For the purposes of this law:
(1) Direct support The aid referred to in Annex I to the Support Regulation;
(2) Based on The aid referred to in Articles 21 to 35 of the aid regulation;
(3) Right of support The entitlement to payment referred to in Article 21 (3) and Article 30 (4) to (7) and (9) of the Regulation;
(4) Greening support Aid within the meaning of Articles 43 to 47 of the aid regulation;
(5) Coupled with coupled support Aid within the meaning of Articles 52 to 55 of the aid regulation;
(6) Horizontal regulation On the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 And Council Regulation (EU) No 1306/2013;
(7) Administrative regulation Supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the conditions for refusal and withdrawal of the integrated administration and control system, direct payments, rural development aid and cross-compliance And Commission Delegated Regulation (EU) No 640/2014 as regards administrative penalties;
(8) Implementing regulation Supplementing Regulation (EU) No 1307/2013 of the European Parliament and of the Council laying down rules for direct payments to farmers under cap support schemes and amending Annex X to that Regulation Commission Delegated Regulation (EU) No 639/2014;
(9) Control regulation Implementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council implementing Regulation (EU) No 1306/2013 as regards the integrated administration and control system, rural development measures and cross-compliance 809/2014;
(10) Implementing Regulation Implementing Regulation (EU) No 1307/2013 of the European Parliament and of the Council laying down rules for the application of Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under the common agricultural policy support schemes 641/2014;
(11) Farmer A farmer referred to in Article 4 (1) (a) of the Support Regulation;
(12) Active farmer The farmer referred to in Article 9 (2) to (5) of the Support Regulation;
(13) A young farmer The farmer referred to in Article 50 (2) and (11) of the Support Regulation;
(14) A farmer who starts farming activities A farmer within the meaning of Article 30 (11) (b) of the aid regulation;
(15) Spouse, The farmer's spouse and marital status, the income tax law (1535/1992) Persons referred to in paragraph 3;
16) Family members A farmer's spouse and a person who is habitually resident in the farmer's economy and is related to him or her spouse directly in the ascending or condescending knee or is the spouse of the person referred to above;
(17) Ecological sector The sector referred to in Article 46 of the Regulation;
(18) In the Natura area Nature Conservation Act (1096/1996) Article 64 The area referred to;
19) Basic block The farmer's cultivated area and the geographically integrated area under his control, which is limited by the municipality's border, the area of the assisted area, the water, the district or power, the road, the forest or any other equivalent;
20) On animal registers Of the animal identification system (238/2010) in Article 12 , a register.
The active farmer may receive basic support, greening support and support for a young farmer, as well as the following coupled payments:
(1) the dairy premium;
(2) the bovine premium;
3) the arable crop premium;
4) sheep and goat premium.
The farmer shall be regarded as an active farmer within the meaning of Article 9 (4) of the aid regulation if he has received a maximum of eur 5 000 in direct payments in the previous year. The total income limit referred to in the second subparagraph of Article 13 (1) of the implementing Regulation shall be 5 %.
The farmer shall comply with the cross-compliance referred to in Articles 91 to 95 of the horizontal regulation.
In accordance with Article 4 (2) (a) of the aid regulation, the obligation to retain agricultural land for grazing or cultivation shall be subject to the obligation to grant direct payments.
The Government Decree may lay down more detailed provisions on statutory management requirements for cross-compliance, good agricultural and environmental requirements, permanent pasture and permanent grassland, and their management and agricultural land In condition that is suitable for pasture or cultivation.
The prior authorisation procedure referred to in Article 37 (1) of the Administrative Regulation shall be introduced in 2015 if the percentage of permanent pastures in the agricultural area is reduced by the EAFRD on the basis of the area review carried out by the EAFRD on 31 October 2014. At the national level, the European Commission, in comparison with the 2003 reference sector, is at least five but less than 10 %. In this case, the farmer may be required to obtain authorisation prior to the transfer of permanent pasture referred to in Article 93 (3) of the horizontal regulation.
The Council of State shall decide on the introduction and withdrawal of the prior authorisation procedure referred to in paragraph 1. Within the limits laid down in Article 37 (1) of the Administrative Regulation, the Government Decree may lay down the conditions for prior authorisation.
The restoration procedure referred to in Article 37 (3) of the Administrative Regulation will be introduced in 2015 if the percentage of permanent pastures in the agricultural area is reduced by the total area review by the EAFRD on 31 October 2014 At the national level, compared to the 2003 reference sector established by the European Commission, at least 10 %. In this case, the farmer may be obliged to return the area corresponding to the permanent pasture transferred to other permanent pastures as permanent pasture.
The restoration procedure referred to in Article 44 (2) and (3) of the Implementing Regulation shall be introduced from 2016, if the percentage of permanent grassland in the agricultural area is reduced by the year of area review by the EAFRD on 31 October. On the basis of a permanent grassland area of at least 5 % in comparison with the 2015 reference sector. In this case, the farmer may be obliged to return the surface area corresponding to the permanent grassland transferred to other permanent grassland.
The Council of State shall decide on the introduction and withdrawal of the restoration procedure referred to in paragraphs 1 and 2. Within the limits laid down in Article 37 (3) of the Administrative Regulation and Article 44 (2) and (3) of the implementing Regulation, the conditions for restoration and implementation at the farm level may be laid down by the Government Decree.
The environmentally sensitive permanent grasslands referred to in Article 45 (1) of the Regulation are the areas of permanent grassland situated in the Natura area. The basic parcel shall be considered as a permanent grassland in the Natura area, if part of the parcel is located in the Natura area. The farmer may form a permanent grassland area in the Natura area in the year in which the green-rurisation aid referred to in Article 25 is for the first time in the Natura-zone. The new basic parcel must be established at the latest on the date of the last revision of the aid application under Article 15 of the Control Regulation.
If the use of permanent grassland in the Natura area has been modified, the sector shall be restored as permanent grassland within the meaning of Article 42 of the implementing Regulation. The sector shall be restored to a permanent grassland by 30 June of the following year.
More detailed provisions may be laid down by the Government Decree on the definition of permanent grassland in the Natura area, timetables and other conditions for restoration and implementation at farm level.
Direct aid may not be granted if, in order to qualify for aid, the circumstances or measure have been given a form which does not correspond to the actual nature or purpose of the case. In the case of reductions and non-payment of aid, the criteria laid down in the European Union's direct payments legislation shall apply.
More detailed provisions may be adopted by the Government Decree on the reduction and refusal of aid on the basis of supervision, to the extent required by the horizontal regulation, the Administrative Regulation and the Control Regulation. (12/04/1356)
Where a farmer or a member of the family carrying out a business activity has been convicted of (39/1889) In accordance with Articles 14, 14a or 15, or a farmer or a member of his family carrying out a business activity, has been sentenced to Article 54 of the ec Treaty And at the same time specified Article 23 of Chapter 17 of the Criminal Code , the animal species subject to the prohibition of direct payments shall not be granted or the premium granted shall be paid in respect of the year in which the relevant authority has ascertained: The commission of the judgment.
In the case where a farmer or a member of the family carrying out a business activity has been convicted of an animal-holding ban, the animal-specific premium for direct payments shall not be granted for an animal-holding period, and not for the year, of the species subject to the prohibition The period between the final judgment and the judgment.
The payment of livestock premiums for direct payments shall be suspended in respect of the premiums for the species subject to the prohibition of animals in cases where prosecution has been initiated.
No refund shall be granted if the total amount of direct payments applied for in the aid year is eur 200 or less.
The farmer shall keep the original documents relating to the application and transfer of payment entitlements and to the application for direct payments which are not submitted to the aid authority as an annex to the aid application and the following: For four calendar years.
The EAFRD may provide more detailed provisions for the documents to be retained within the meaning of paragraph 1.
On the basis of the payment entitlement and the eligible area, the aid to the farmer is provided for in Article 21 (1) (b) and (3) of the aid regulation. Based on the situation referred to in Article 11 (1) of the aid regulation, the amount shall be reduced by 5 %. If, on 15 June 2015, a farmer has more payment entitlements than the eligible area, the amount of payment entitlements exceeding the eligible area shall be abolished in accordance with Article 21 (4) of the aid regulation.
The value of the payment entitlement shall consist of an equator and a possible additional part of the holding. The value of the balance is determined on the basis of the assisted area. The value of the ad hoc module (s) will fall gradually over the transitional period. The value of payment entitlements in the same assisted area shall be the same as from 1 January 2019 in accordance with Article 25 (3) of the Regulation. The value of payment entitlements shall be amended within the meaning of Article 25 (9) of the Regulation.
The Government Decree may lay down more detailed provisions on the conditions for granting payment entitlements, the calculation of the amount of aid, the value of the regional aid element and the assisted areas, and on the basis of an increase in the national ceiling, On regional distribution and on the basis of a reduction in quantity. More detailed provisions may also be adopted by the Government Decree on the determination of the value of the additional components, the transitional period, the gradual reduction of the value of the additional parts, the use of the funds released for the purpose of reducing the value of the additional parts, and An increase in the value of the equator.
Article 12 has been repealed by L 30.12.2014/1356 .
Payment entitlements may only be used within the same assisted area.
In the situations referred to in point (b) of Article 31 (1) of the aid regulation, the national reserve shall be deprived of the payment entitlements of the farmer under the payment entitlements of the farmer of the same payment entitlements prior to leased payment entitlements.
The decree of the Council of State may provide for more detailed provisions on the conditions and areas of support for the exercise of payment entitlements.
The transfer of payment entitlement shall be notified in writing to the rural business authority of the municipality. The notification shall be signed. (12/04/1356)
In the case of the payment to the lessor of a payment entitlement established on the basis of the eligible agricultural land established by the farmer on the basis of the eligible agricultural land, the transfer shall not be regarded as inheritance and gift tax law. (378/1940) By 31 December 2016 at the end of the rental period in force on 28 April 2006 at the end of the leasing period in force.
The decree of the Council of State may provide for more detailed provisions on the conditions for the transfer of payment entitlements and the procedure to be followed. The EAFRD may provide more detailed provisions on forms and deadlines for the transfer of payment entitlements. (12/04/1356)
The value of payment entitlements may be changed on the basis of the criteria set out in the second subparagraph of Article 7 (1) and Article 22 (5) of the Regulation. The value of payment entitlements may also be amended on the basis of the criteria laid down in Articles 23 (4), 25 (9), second subparagraph, and 31 (1) (f) and (g), and of the financial provisions referred to in Articles 47, 51 and 53. Of compliance.
The decree of the Council of State may lay down more precise provisions on the use of funds released for the purpose of amending the value of the payment entitlements, the manner in which they are implemented and the change in value.
The eligible sector is provided for in Article 32 of the Support Regulation. The basic aid may be granted on the basis of an application for an eligible area under the management of the farmer on the date on which the aid application may be amended for the last time pursuant to Article 15 of the Control Regulation.
A decree of the Council of State may provide for more detailed provisions concerning the time limit for the transfer of the entire holding, the definition of the eligible area and the withdrawal of the eligible sector from agricultural use. The Decree of the Ministry of Agriculture and Forestry may provide for more detailed provisions on the definition and minimum size of the basic and growth blocks within the limits laid down in the legislation on direct payments in the European Union. The EAFRD may provide more detailed provisions on the procedure for the presentation of documentary evidence of the management of the eligible area.
The national reserve referred to in Article 30 (1) of the Support Regulation shall be managed at national level. The Government Decree establishes a percentage of the national ceiling to be used for the establishment of a national reserve.
In the cases referred to in paragraph 9, payment entitlements equal to the average of the assisted area shall be granted in accordance with Article 30 (6) and (9) of the Support Regulation. The national reserve may, in addition to the cases referred to in Article 30 (7) (d) of the Regulation, grant payment entitlements equal to the average of the assisted area in the cases referred to in Article 30 (7) of the Regulation.
On the amount to be used for the setting up of a national reserve, the use of the reserve, the amount and value of the payment entitlements to be allocated to farmers, and the value and reduction of the value of the reserve, the criteria for granting the reserve, and The provisions of the aid regulation and the implementing regulation may be adopted by the State Council Regulation. The Government Decree may also provide more detailed provisions on the reduction of the value of payment entitlements if the national reserve is insufficient to cover the cases referred to in Article 30 (6) and (9) of the Support Regulation or Article 7 of the Support Regulation. Shall limit the granting of payment entitlements. The EAFRD may provide more detailed provisions on the application of the national reserve-related forms and deadlines.
The owner of a payment entitlement may voluntarily return the payment entitlement to the national reserve. The return of payment entitlements shall be notified in writing to the Centre for Enterprise, Transport and the Environment.
Article 23 of the Control Regulation provides for the transfer of payment entitlements granted without justification to the national reserve. Such payment entitlements shall not be required if the value of their payment entitlements is equal to or greater than EUR 50 calculated on the basis of the value of the year of application.
The decree of the Council of State may provide for more detailed provisions on the procedure for the surrender and surrender of payment entitlements.
For the purposes of Articles 30 and 34 of the Support Regulation and the implementing Regulation and the implementing Regulation, the (40/1965) Chapter 6 of Chapter 6 The advance referred to in paragraph 1 and also, in 2003 or after: (12/04/1356)
(1) trade in or part of a farm for which a grant or loan from the start-up support of a young farmer was granted;
(2) the trade in the holding where the buyer is the heir of the seller directly to the descending knee, the sister or brother, or the heir directly in descending knee, the stepchild or the spouse mentioned above, provided that the purchase price is clearly lower than the In a similar trade, otherwise there would have been a relationship between the seller and the buyer;
(3) trade in part of the farm, which shall be carried out Article 25 (1) (b), (3); and
(4) the gift of a farm or part thereof, in which the gift of the gift is the heir's heir directly to the descending knee, the sister or brother, or the heir directly in descending knee, the stepchild or the spouse mentioned above.
An active farmer may be granted a dairy premium on the basis of the average amount of the aid area and the dairy cows.
An active farmer shall be eligible for the bovine premium determined on the basis of the average amount of the aid area and of the bulls, oxes, suckler cows and heifers.
In addition, the active farmer may be granted a premium on slaughtered heifers on the basis of slaughtered animals in the animal register of heifers with a minimum of 170 kg of rye weight.
The number and management of animals shall be verified on the basis of the information and control of the animal register.
The State Council Regulation may lay down more detailed provisions on the conditions for granting the premium, the financing, the assisted areas, the island regions, the amounts of aid, the premium levels, the calculation of the average number of animals and the other Conditions.
An active farmer shall be eligible for the arable crop premium determined on the basis of the area of aid and of the protein crops, oilseeds, starch potatoes, open-minted vegetables, sugar beet or rye.
As a condition for the allocation of the arable crop premium to starch potatoes, the active farmer shall conclude a cultivation contract with the potato starch industry in the area of starch potatoes.
The Government Decree may lay down more detailed provisions on the conditions for granting the premium, the financing, the assisted areas, the amounts of aid, the level of unit aid and the other conditions of that premium.
An active farmer shall be eligible for a sheep and goat premium determined on the basis of the aid area and the average number of live ewes or goats, where the farmer has an average of 20 or more ewes in the aid year under his control.
In addition, a premium may be granted to the farmer in respect of slaughtered caritres and kites. In the case of carcasses slaughtered in the register of animals, the number of carcasses of up to 12 months with a carcass weight of at least 18 kg may be granted on the basis of slaughtered animals in the register. Cats slaughtered in the register may be granted on the basis of slaughtered animals in the register of animals aged 18 months or less with a carcass weight of 15 kg or more.
The number and management of animals shall be verified on the basis of the information and control of the animal register.
The Government Decree may provide for more detailed provisions on the conditions for granting the premium, the financing, the assisted areas, the island regions, the amounts of aid, the premium levels, the calculation of the average number of animals and the other conditions of the premium.
In accordance with the conditions laid down in Articles 43 to 47 of the Support Regulation, an active farmer may grant greening aid to the sector to which the farmer is granted basic aid. However, the conditions are examined individually by the farmer in such a way that the provisions of Article 43 (3) of the Regulation do not apply in the context of the review. The amount of the aid shall be determined on the basis of the aid area and the second subparagraph of Article 43 (9) and the second subparagraph of Article 47 (2) of the Support Regulation.
The ecological sectors referred to in Article 46 (2) of the Support Regulation shall be set-aside areas, typing plants and short-rotating energy sectors, as well as cross-compliance in accordance with Annex II to Annex II to the horizontal regulation. Areas of landscape features. The derogation provided for in Article 46 (7) of the Support Regulation shall apply at regional level.
The State Council Regulation lays down more detailed provisions on the amount of aid, the ecological sector and the sectors eligible for the ecological sector, typing plants and short-rotating crops, the diversification of crops, On the method of monitoring the permanent grassland, the aid rates, the assisted areas and the areas where the derogation referred to in Article 46 (7) of the Regulation is applied.
In accordance with Article 50 (4), (8) and (9) of the Support Regulation, the aid may be granted under Article 50 (4), (8) and (9) of the Support Regulation, in accordance with the payment entitlements to be granted under Article 32 of the Support Regulation, but not more than 90-based payment entitlement. Where the applicant is an entity, control within the Community shall be one or more young farmers. The amount of aid for a young farmer shall be calculated in accordance with Article 50 (8) of the Regulation.
The Government Decree lays down more detailed rules on the conditions for granting the aid, control of the Community, the amount of aid and the maximum amount of aid.
§ 25 has been repealed by L 30.12.2014/1356 .
In the event of a market disruption, the Decree of the Council of State may lay down more detailed provisions for the mobilisation of the aid granted under Articles 219 to 221 of the MET Regulation, the beneficiary of the aid, the conditions for granting the aid, the amount of the aid, the eligible aid Costs, applications for aid, granting of aid, necessary clarifications and time limits within the limits laid down in European Union legislation.
This Act shall enter into force on 19 March 2013.
This law repeals the law on the implementation of the single payment scheme (557/2005) .
The State Council regulations adopted under the Law on the Implementation of the Single Payment Scheme shall remain in force until further notice.
Applications 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.
Before the law enters into force, action can be taken to enforce the law.
THEY 156/2012 , MmVM 10/2012, EV 7/2013This Act shall enter into force on 1 January 2015.
Applications 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.
The special entitlements granted before the entry into force of this Act shall expire upon the entry into force of this Act.
THEY 140/2014 , MmVM 24/2014, EV 229/2014
This Act shall enter into force on 1 January 2015.
THEY 311/2014 , MmVM 28/2014, EV 246/2014
