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The Law On The Implementation Of The Agricultural Aid

Original Language Title: Laki maatalouden tukien toimeenpanosta

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Law on the implementation of agricultural aid

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Scope of law

This law is governed by the Law on direct payments of the European Union (193/2013) (hereinafter ' the Direct payments law , the Law on National Aid for Agriculture and Horticulture (1559/2001) (hereinafter ' the National aid law , as well as certain programmes relating to the farmers' compensation scheme (13/04/2014) Of the European Parliament and of the Council. The management of certain programmes and funds relating to compensation under the Law on Compensation for Farmers is subject to the provisions of the Law on the management of rural development programmes (22/2014) Provides. (30/04/2013)

This law shall also apply to the implementation of compensation for crop compensation and damage caused by exceptional flooding, and to the implementation of aid to the energy management services of agricultural holdings, if not elsewhere. Otherwise specified.

ARTICLE 2
Application of the law in the Province of Åland

This law applies to the implementation of direct payments under the Law of the Åland Islands in the province of Åland, and in the case of the Law of the Land of Åland. (14/04/1991) Under the jurisdiction of the kingdom.

ARTICLE 3
Relationship with other legislation

This law shall apply to the implementation of aid financed by the European Union, subject to European Union law.

If the laws mentioned in Article 1 are different from this law, they shall be applied instead of this law.

§ 4
Definitions

For the purposes of this law:

(1) 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 458/2008 And Council Regulation (EU) No 1306/2013; (27 JUNE 2014/501)

(2) By the paying agency regulation Laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards paying agencies and other bodies, financial management, clearance of accounts, audit rules, guarantees and transparency Commission Implementing Regulation (EU) No 908/2014; (30/04/2013)

2a) By a delegated paying agency regulation Supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the Commission Delegated Regulation (EU) No 907/2014 on paying agencies and other bodies, financial management, clearance of accounts, collateral and the use of the euro; (30/04/2013)

(3) Aid regulation Of the European Parliament and of the Council laying down rules for direct payments to farmers under support schemes under the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 Regulation (EU) No 1307/2013; (30/04/2013)

(4) 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; (30/04/2013)

(5) 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; (30/04/2013)

(5a) By a rural regulation Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (eafrd) and repealing Council Regulation (EC) No 1698/2005; (27 JUNE 2014/501)

(6) Cross-compliance The conditions for granting aid within the meaning of Articles 91 to 95 of the horizontal regulation. (30/04/2013)

Chapter 2

Tasks and powers of the authorities

§ 5
Ministry of Agriculture and Forestry

The Ministry of Agriculture and Forestry is responsible for the general management and development of agricultural support management. In addition, the Ministry is responsible for preparing the different support schemes and the rural development programme in mainland Finland, planning the use of funds and monitoring the implementation and impact of the scheme.

ARTICLE 6
EAFRD

The EAFRD shall be responsible for the planning, implementation, development and monitoring of the implementation, implementation, development and monitoring of the support schemes and the rural development programme in mainland Finland and the proper management and control of the use of funds. The EAFRD shall direct and supervise the implementation of the support schemes as well as other authorities under the responsibility of the paying agency under Article 7 of the horizontal regulation. In addition, the EAFRD shall be responsible for verifying and approving the expenditure relating to the aid, the payment of fees and the administrative tasks relating to other aid schemes. (27 JUNE 2014/501)

The Agency shall take a decision on the amount of the carriage allowance referred to in Article 6 (2) of the national aid law and the environmental compensation provided for in Article 5 of the Law on the Compensation of Farmers, where the compensation is based on: An agreement on the maintenance of the original plant or the preservation of indigenous breeds, as referred to in Article 7 (7). The EAFRD shall be subject to the provisions of this Act. (30/04/2013)

The Agency shall act as the administrative and supervisory authority within the meaning of Article 7 (1) of the horizontal regulation. The Agency shall take a decision on the non-return of the amounts referred to in the second paragraph of Article 55 and in Article 100 of the horizontal Regulation. (30/04/2013)

§ 7
Food Safety Agency

The Food Safety Authority will direct and monitor compliance with cross-compliance in the areas of public health, animal and plant health and animal welfare. In addition, the Authority shall carry out other tasks relating to the control of cross-compliance as set out below.

§ 8
Centre for Food, Transport and the Environment

The Centre for Food, Transport and the Environment takes a decision:

(1) granting of the environmental compensation referred to in Article 5 of the Law on the Compensation of Farmers, if the compensation is based on the environmental agreement referred to in paragraphs 3 and 5 of that article or the agreement referred to in paragraph 6; (30/04/2013)

2) the granting of aid for the storage of horticultural products, as referred to in Article 6 of the national aid law, as well as aid for the storage of forest berries and mushrooms, aid for the production of greenhouse gases, support for reindeer husbandry and support for the beekeeping sector;

(3) the granting of payment entitlements under Article 17 of the Law on direct payments and the redefinition of the value of the payment entitlements;

(4) the transfer of unused or unjustied payment entitlements;

(5) the suspension of payment entitlements referred to in Article 11 of the Law on Direct Payments; (30/04/2013)

(6) the granting of a study fund for farmers;

(7) compensation for agricultural holdings as referred to in Article 10 of the Law on Compensation for Farmers; (30/04/2013)

(8) compensation for organic production as referred to in Article 8 of the Law on Compensation for Farmers; (30/04/2013)

9. On the granting of compensation for non-productive investments as referred to in Article 9 of the Law on the Compensation of Farmers. (30/04/2013)

In addition, the Centre for Food, Transport and the Environment shall carry out controls on the aid and cross-compliance as set out below.

§ 9
Regional Administrative Agency

The Regional Administrative Agency shall carry out the monitoring of cross-compliance as set out below.

ARTICLE 10
State Office in Åland

Åland's State Office is making a decision in the province of Åland:

(1) the granting of aid for the storage of horticultural products, as referred to in Article 6 of the national aid law, aid for the production of greenhouse gases and support for the beekeeping sector;

(2) the granting of payment entitlements under Article 17 of the Direct Aid Act and the redefinition of the value of the payment entitlements;

(3) the transfer of unused or unjustied payment entitlements;

(4) the suspension of payment entitlements referred to in Article 11 of the Law on direct payments. (30/04/2013)

In addition, the Åland State Office is carrying out checks on subsidies and cross-compliance in the Province of Åland as set out below.

ARTICLE 11
Kunta

The municipality takes a decision:

(1) granting the aid and the premium referred to in Article 3 of the Law on direct payments;

2) the transfer of the right of payment referred to in Article 14 of the Law on Direct Payments;

Paragraph 3 is repealed by L 30.12.2014/1358 .

(3a) granting of prior authorisation as referred to in Article 5 of the Law on Direct Payments; (30.12.2014/1365)

(4) grant of the aid referred to in Article 6 of the Law on National Aid, unless jurisdiction falls within the meaning of Article 6 (2) of this Law, pursuant to Article 8 (1) (2) of the EAFRD or Article 10 (1) (1) According to the paragraph, the Office of the Åland Islands; (30.12.2014/1365)

(5) the transfer and distribution of the reference quantity of the pig and poultry economy referred to in Article 10f of the national aid law; (30/04/2013)

(6) granting compensation in accordance with Articles 5 to 7 of the Law on the Compensation of Farmers, unless jurisdiction falls within the meaning of Article 6 (2) of this Law to the EAFRD or Article 8 (1) (1), transport and To the Agency. (30/04/2013)

The municipality shall carry out the electronic transmission of the information referred to in Article 17 (3) (b) of the Control Regulation. (30/04/2013)

As far as the law is concerned, this law also applies to the municipal council and the law on the organisation of rural administration in municipalities. (210/2010) Within the meaning of Article 2.

ARTICLE 12
Regional powers of the authority

The competent authority shall be the authority referred to in Articles 8 to 11 whose territory the economic centre of the holding is situated. If there is no economic centre at the farm, the competent authority is the authority in whose territory the main part of the farm's fields is located. (27 JUNE 2014/501)

By way of derogation from paragraph 1, the competent authority shall:

(1) the investment is carried out if the application concerns a non-productive investment;

(2) the territory covered by the contract is located if the applicant for the environmental agreement is a registered association within the meaning of Article 5 (5) of the Law on the Farming Scheme or the water-law community; (30/04/2013)

(3) the inventory of products is located if the application concerns the storage aid for forest berries and mushrooms;

(4) the activity point of the beekeeper is located if the application concerns the support of the apiculture sector;

(5) the place of residence of the applicant is located if the application concerns the student money of the farmers and the applicant has not taken up farming.

In the case of reindeer husk, the competent authority is the Lapland Centre for Business, Transport and the Environment.

Chapter 3

Application procedure

ARTICLE 13
Application for assistance

An application for support shall be submitted by means of a form confirming the EAFRD. The application must be signed. The application shall be accompanied by explanations necessary for the conditions under which the aid is granted.

The notification of the aid shall be subject to the provisions of this Act concerning the form of the application for assistance, the explanations required and the submission of the application.

The EAFRD may provide more detailed provisions on the forms to be used for the application of the aid or for the submission of notifications and their annexes, other studies to be required from the applicant or the beneficiary, as well as the information provided in the application The deadline for amendment.

ARTICLE 14
The joint application of the aid

Where an application for aid relates to a state governed by more than one natural or legal person, the application shall be signed by all holding holders. However, the holders of a holding may authorise one natural person to sign the application, to provide the information necessary for processing the application and to receive the supporting documents from the authorities.

The applicants shall be jointly and severally liable for the application and the completeness and accuracy of the information contained therein.

§ 15
Submission and initiation of an application

An application for aid shall be deemed to have come before the competent authority. However, the application for aid or the accompanying document submitted to the competent authority in the mail itself shall be deemed to have been submitted within the time limit if it is stamped in the post at the latest on the last day of the deadline.

The EAFRD shall lay down more detailed provisions for the application of the aid application and the time limits for the submission of other forms and explanations.

ARTICLE 16
Obligation to report

The applicant shall provide the Authority with sufficient information concerning the conditions for granting and payment of the aid.

The applicant shall, without delay, notify the competent authority in writing if the application for aid is incorrect or has become incorrect.

The applicant shall be obliged to inform the competent authority in writing of any change in the circumstances which may affect the amount of the aid, or the suspension of the recovery or payment of the aid or the suspension of the aid. The force of force and exceptional circumstances shall be reported within 15 working days of the possibility of notification. In the light of the foregoing, the person responsible for the notification is also the beneficiary of the aid or the person who owns it. (30/04/2013)

§ 17
Withdrawal

An application for aid may be withdrawn in whole or in part. The withdrawal of the application shall be notified in writing to the competent authority.

Article 25 of the Law on National Aid also provides for the withdrawal of an application for aid within the meaning of that Law.

ARTICLE 18
Transfer of application

An application for aid may be submitted in whole or in part to the new holder of the holding. A deadline may be set for the transfer of the application. The transfer of the application shall be made in writing for the purpose of the EAFRD by means of a form.

The decree of the Council of State provides more detailed provisions for the procedure to be followed for the transfer of the application. The EAFRD may provide more detailed provisions on the forms and the presentation of the request for the transfer of the application and the deadline.

Chapter 4

Processing and decision-making

§ 19
Decision on aid

The decision on aid by means of automatic data processing and the documents relating to the case can be signed in a machine-readable manner.

The EAFRD may lay down provisions on forms for decision-making on aid, processing of payment records, methods of payment and recording of payments in the information system.

§ 20
Corrigendum

If the aid applicant has received less than he should have received or has been fully refused, the authority may, without prejudice to the law of the decision, take the decision to rectify the incorrect decision.

ARTICLE 21
Interest payable to the aid

In the event of an increase in the amount of aid or the amount of the aid granted to the applicant, due to the adjustment referred to in Article 20, the aid to the applicant shall be paid in respect of the amount of the aid which has not been paid due to the error of the Authority, whether or not the aid is paid or not. The amount shall be paid at a fixed rate of 6 % per annum, calculated on the basis of the date on which the rectifying decision was taken, until the date of the decision. However, interest shall not be paid if the need for an adjustment has been the result of the applicant's activities.

Where an appeal is granted to the applicant for an appeal or an increase in the amount of the aid, this amount may be paid at a rate of 6 % per annum, calculated on the date of the contested decision, on the basis of the decision of the appeal authority Until the date of adoption. The payment of interest shall be decided by the appeal authority.

Chapter 5

Control

§ 22
Monitoring and extension of surveillance

In the case of different support schemes, the EAFRD shall be selected by the Agency for the selection of aid applicants who are subject to on-the-spot checks.

The Rural Development Agency shall select the premises for the monitoring of the good agricultural and environmental requirements of the cross-compliance conditions and the statutory management requirements for the environment. The Food Safety Agency shall select the premises for the monitoring of the other cross-compliance.

Where, in the context of the supervision or other surveillance referred to in this Act, a failure or failure to comply with the conditions or cross-compliance conditions for the granting of the aid referred to in this Law shall be known, the control shall: Extend the scope of the aid or supplementary condition referred to in this Act.

Where the authority otherwise becomes aware of the error or non-compliance with the conditions of the granting of the aid or otherwise considers it necessary, the Authority may, irrespective of the results of the sampling referred to in paragraphs 1 and 2, Carry out an inspection of the applicant.

Where, in the circumstances referred to in paragraphs 3 or 4, an error or omission becomes known to the authority which has no competence to control the aid or the cross-compliance, the competent industry, transport and To the Agency or to the Regional Administrative Agency.

The decree of the Council of State may provide for more detailed provisions on on-the-spot controls and the extension of supervision. The Government Decree may lay down more detailed provisions on the control of the conditions of aid under the Administrative Regulation and the Control Regulation, as well as on the minimum inspection rate, the procedure to be followed, the basic and On the determination and measurement method, method and accuracy of the growth parcels and the measurement method. (30/04/2013)

ARTICLE 23
Administrative control and cross-checking

The information contained in the aid application shall be checked by the municipality, the means of life, the transport and the Agency and the Åland State Office.

The EAFRD shall carry out cross-checks on information contained in the information systems. Cross-checks shall compare the information contained in the data systems with the information contained in the aid application. The Centre for Food, Transport and the Environment, or the Åland State Agency, shall carry out the necessary checks on applicants for cross-checking purposes.

If, on the basis of the difference between the most recent digitised area declared by the applicant and the most recent digitized area of the parcel declared by the applicant in the aid application, the reduction of the aid may be made without the aid recipient, if the difference between the aid in the aid application is The area and the most recent digitised area may be considered as a whole to a minimum. However, the applicant must be consulted if the difference concerns the area declared for the cultivation of horticultural plants or the greenhouse effect.

The decree of the Council of State may provide for more detailed provisions on administrative supervision and administration.

§ 24
Right of access

The Ministry of Agriculture and Forestry, the Rural Bureau, the Food Safety Agency, the Åland State Office, the Economic, Transport and Environment Agency and the Regional Administrative Agency shall have the right to carry out the assistance provided for in this Law, and To monitor cross compliance checks on applicants and beneficiaries. If the monitoring of the conditions for receipt of the aid is required, the inspection may be carried out in the slaughterhouse and in the processing or transmission of agricultural products.

The supervisory authority shall, to the extent required by the supervisory function, verify the applicant's accounts, agricultural and horticultural products, animals, feed and food, their production conditions, production facilities and facilities, Processing establishments, warehouses, equipment, transport equipment, crops, pastures, landscape features and fields outside the field, and other conditions for the granting and payment of the aid. However, the inspection shall not be carried out in the premises of a permanent residence.

The Agency shall have the right to be present during and monitor the conduct of checks on applicants or recipients of aid by another authority.

Where appropriate, the Authority shall have the right to obtain official assistance in the performance of the inspection as in the case of the police law. (493/1995) Article 40 Provides.

ARTICLE 25
Specific provisions for cross-compliance

The Centre for Food, Transport and the Environment shall monitor the (1096/1996) And environmental protection law (177/2014) Compliance with the statutory management requirements for cross-compliance and compliance with good agricultural and environmental requirements. (30/04/2013)

The Centre for Food, Transport and the Environment and the Regional Administrative Agency shall supervise the (2006) , animal disease (441/2013) , the Law on the Veterinary (207/2014) , the Animal Identification System (158/2010) , feed law (2011) , plant protection products (1563/2011) And animal welfare (247/1996) Compliance with cross compliance other than those referred to in paragraph 1. In addition to the provisions laid down in this law, they shall be subject to compliance with the laws and regulations referred to in (1765/2009) Regulatory control and supervisory authorities. (30/04/2013)

The Government Decree lays down more detailed rules on the enforcement of statutory management requirements and good agricultural and environmental requirements. The decree of the Council of State may lay down the provisions on supervision and control and the subject of the controls referred to in the laws referred to in paragraph 2. (30/04/2013)

The control of good agricultural and environmental standards is carried out by the Åland State Agency in the Åland Islands.

§ 26
Public authority for information and assistance

The authority shall be entitled to obtain the necessary documents and information from the applicant or his/her representative. Documents shall also be understood by means of automated data processing or otherwise created or preserved. The authority shall have the same right of access to information from slaughterhouses, processing or brokering activities of agricultural products and services. The applicant and the undertaking carrying out the processing and marketing of the slaughterhouse and agricultural products referred to above shall authorise the taking of samples to the extent necessary for the inspection. The material and samples shall be released without compensation.

At the request of the Authority, the applicant or his representative shall provide the necessary assistance in carrying out the controls.

§ 27
Inspection bodies

The audit may help to use the audit law (17/01/2015) , if the proper conduct of the audit is required. The audit entity shall appoint an auditor responsible for the inspection. 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) . (18/09/1161)

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

The audit may help to use the audit law (209/2007) Or the Law on the auditors of the public administration and the economy (467/1999) , or the audit firm, if the proper performance of the audit is required. The audit entity shall appoint an auditor responsible for auditing. 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.

ARTICLE 28
Procedure for scrutiny

The person carrying out the surveillance shall be issued by the EAFRD by the EAFRD or by the National Agency for Rural Development, the Food Safety Agency, the Transport and Environment Agency, the Regional Administrative Agency or the Åland State Agency A document indicating the right of inspection. The supervision or document shall be presented to the applicant or his/her representative on request prior to the initiation of the supervision.

They shall be subject to a protocol setting out the findings made. The applicant or his representative shall be given the opportunity to comment on the minutes. A copy of the minutes shall be provided to the applicant.

§ 29 (30/04/2013)
Supervision of controls

Penalties observed under administrative supervision, cross-checking and on-the-spot checks shall be subject to penalties in accordance with the law of national aid, the horizontal regulation, the administrative regulation and the control regulation, and Council Regulation (EC, Euratom) No 2988/95 on the protection of the European Communities' financial interests provides.

The non-compliance with cross compliance shall apply to the early warning system referred to in the second subparagraph of Article 99 (2) of the horizontal regulation.

ARTICLE 30 (30/04/2013)
Monitoring reporting

The monitoring shall be notified to the applicant as provided for in Article 25 of the Control Regulation.

Chapter 6

Restoring aid and recovery

ARTICLE 31
Recovery of aid

In the case of incorrect or unjustifiable aid, the aid must be recovered if:

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

2) the conditions of the aid have not been complied with;

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

(4) the beneficiary prevents the audit being carried out;

(5) European Union legislation on the aid concerned so requires.

Where the aid is granted to more than one beneficiary, all beneficiaries shall be jointly and severally liable for the payment of the aid. Recovery may be waived if the amount to be recovered is less than EUR 100 per beneficiary and per individual aid granted.

The recovery of the amount of aid financed wholly or partially by the European Union, the calculation of the amount to be recovered, the interest rate and the deadline for recovery are laid down in the Support Regulation, the horizontal regulation, the control regulation and the Council Regulation (EC, Euratom) No 2988/95 on the protection of the financial interests. (30/04/2013)

ARTICLE 32 (30/04/2013)
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.

§ 33
Raising the amount to be recovered and waiving recovery

Where an incomplete, incorrect or incorrect information or a document or a document or a document has been withheld by the applicant on purpose or in serious negligence, the aid may be further reduced, in addition to other controls. Not more than 20 % or, in the case of a very serious procedure, up to 100 %.

In the event of a full or partial recovery of the aid or interest paid to it, the recovery of the aid or interest paid to it may be wholly or partly waived, taking into account the circumstances and the operation of the beneficiary as a whole, Considering unreasonable. However, recovery and recovery of interest shall be carried out in full, provided that this is required under the European Union legislation on State-funded or totally nationally funded aid.

§ 34
Execution of recovery

The recovery of the aid shall be decided by the authority which granted the aid. The recovery decision shall be taken without undue delay after the Authority was informed of the recovery criteria and within ten years of the payment of the aid or the last instalment of the aid.

The EAFRD is responsible for the implementation of the recovery decision. The amount to be recovered with interest may be charged in such a way that it is deducted from the other aid or premium referred to in this Act for the same 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.

Chapter 7

Specific provisions for the management of European Union funds

ARTICLE 35
Financing the European Union

The financing of the European Union will be entered in the State budget.

§ 36
Competent authority within the meaning of European Union law

The Ministry of Agriculture and Forestry acts as a competent authority within the meaning of Article 1 of the Paying Agency Regulation.

ARTICLE 37 (27 JUNE 2014/501)
Paying agency

The Agency shall act as a paying agency within the meaning of Article 7 of the horizontal regulation.

ARTICLE 38 (30/04/2013)
Inspection rights of the EAFRD and Food Safety Agency

The EAFRD shall have the right to carry out checks to ensure the proper administration and use of European Union funds by the authorities in so far as they carry out the tasks set out in the delegated paying agency regulation. However, the Authority shall carry out the controls required by the delegated paying agency in so far as it relates to the control of cross-compliance by the regional management agencies.

ARTICLE 39 (18/09/1161)
Certifying authority

The Ministry of Agriculture and Forestry designates the certifying authority referred to in Article 9 of the horizontal regulation. The certifying authority may be designated by a public authority or an auditor within the meaning of the Audit Act.

L to 16/1/2015 Article 39 shall enter into force on 1 January 2016. The previous wording reads:

ARTICLE 39 (27 JUNE 2014/501)
Certifying authority

The Ministry of Agriculture and Forestry designates the certifying authority referred to in Article 9 of the horizontal regulation. The certifying authority may be designated by a public authority or an audit firm or an auditor within the meaning of the law of the Court of Auditors or of the Law on Public Administration and Economic Accounts.

ARTICLE 40
Inspection and information of the certifying authority

For the purpose of carrying out the investigations necessary for the award of the certificate referred to in Article 5 of the Paying Agency Regulation, and for carrying out the checks provided for by other European Union legislation separately, to the certifying authority The certifying authority may carry out checks on the authorities or entities carrying out the tasks entrusted to the paying agency or by the beneficiary. The person carrying out the inspection shall have the right to verify, to the extent required by the mission, the livestock buildings of the beneficiary, the crops, premises and other conditions required for payment of the aid. However, the inspection shall not be carried out in the premises of a permanent residence.

The certifying authority shall have the right to obtain from the public authorities, notwithstanding the provisions of confidentiality, the information necessary to carry out the task referred to in paragraph 1.

In carrying out the audit function, the law governing the administrative law, the language law, the language law and the publication of public authorities' activities shall apply. The provisions of criminal law relating to criminal law shall apply to the audit function. The damage caused by the verification mission shall be subject to the provisions of the law on compensation.

Chapter 8

Legal register of the single payment scheme

ARTICLE 41
Register of grants

The EAFRD shall keep a register of subsidies for the administration of the single payment entitlements and the monitoring of aid. The register of payments is under the Law on the Information System for Rural Development (194/2008) The intended register.

The following information may be entered in the grant register:

1) identification of the holding;

(2) the holder and the owner, contact details, identification number or the identity of the undertaking;

(3) the type and value of the entitlement;

(4) the date of entitlement to payment;

(5) the date of the most recent use of payment entitlement;

(6) a change in the management of payment entitlements;

(7) the transfer of payment entitlements to the reserve and distribution of the reserve;

(8) the origin of the entitlement; and

9) regional restrictions.

Other information may also be included in the register if the legislation of the European Union so requires and necessary for the management of the register of aid.

Registration in the legal register shall be free of charge.

ARTICLE 42 (27.6.2010)
Public authority's right to information

The Ministry of Agriculture and Forestry, the certifying authority referred to in Article 39, the Food Safety Agency, the Measurement Office, the Centre for Enterprise, Transport and the Environment, the Regional Administrative Agencies, the Åland State Agency and the The municipal authorities shall have the right to obtain from the register the information necessary to carry out the tasks of the European Union in the field of direct payments provided for by the law.

ARTICLE 43 (30/04/2013)
Data retention

The data shall be kept in the register for the period provided for in the legislation of the European Union or as long as their use in the management of the payment entitlements required by the aid regulation is otherwise necessary.

Chapter 9

Implementation of the farm advisory system (27 JUNE 2014/501)

ARTICLE 44 (27 JUNE 2014/501)
Farm advisory system

The advisory services referred to in Article 15 of the Rural Development Regulation and Article 12 of the horizontal regulation shall be provided by the consultants selected by the EAFRD.

ARTICLE 45 (27 JUNE 2014/501)
Election and approval of advisors

Negotiators shall be selected in accordance with the law on public procurement (168/2007) Provides. The advisors shall be selected and approved for a limited period ending on the expiry of the rural development programme for mainland Finland 2014-2020.

Valation and approval shall be subject to the advice of adequate expertise in relation to the quality and scope of the advisory function. In addition, the Advisory Committee shall fulfil the eligibility criteria set out in Article 46.

The Advisory Committee shall maintain and develop the skills required by the farm advisory services.

ARTICLE 46 (27 JUNE 2014/501)
Eligibility criteria for advisers

The Advisory Committee shall have at least secondary education appropriate to the area of negotiation and appropriate advice experience. In the case of an adviser or, where advice is employed by another, this employer must be included in the VAT (1501/1993) Article 172 Shall be entered in the register of taxable persons.

§ 47
Withdrawal of approval

The EAFRD may revoke the approval unless the advice satisfies the conditions of approval or, failing that, may be deemed to be appropriate for the seriousness or recurrence of his or her failure to act. Before the adoption of the approval, the EAFRD shall make a written note to the Council and shall consult it. (27 JUNE 2014/501)

The decree of the Council of State may provide for more detailed provisions on the procedure for the withdrawal of authorisation.

ARTICLE 48
Management of the advisory function

The persons responsible for the advisory function shall be the responsibility of the authorities. In addition, the advisory function is governed by the provisions of the administrative law, the language law, the language law and the law on public authorities' activities. The compensation for damage caused shall be subject to the provisions of the law on compensation.

ARTICLE 49
Advice register

An advisory register is available for the implementation of the advisory system. The register shall be deposited with the necessary identification and contact details of the advisors of the farm advisory system as well as any other information necessary for the implementation and monitoring of the advice. (27 JUNE 2014/501)

The National Board of Rural Development keeps an advisory register. In addition to the controller, the municipal authorities have the right to use the advisory register. The Food Safety Agency and the Centre for Organ, Transport and Environment shall, notwithstanding the provisions of confidentiality, have the right to obtain information from the advisory register by means of a technical service. Prior to the transmission of information, the technical service shall be used to provide information on data protection. (27.6.2010)

§ 50 (27 JUNE 2014/501)
Disclosure and storage time of the information register

The information to be made available to the public in the register of advisers, their donation and disclosure shall be governed by the law of the public authorities and the processing of personal data relating to personal data. (523/1999) .

The selected advisers will be entered in the advisory register. Data shall be kept in the register for 10 years from the end of the 2014-2020 Rural Development Programme in mainland Finland.

Chapter 10

Outstanding provisions

ARTICLE 51
Payment and service of the decision (27 JUNE 2014/501)

The decision on the aid referred to in this Act shall be free of charge to the applicant or the beneficiary. However, a fee is charged for a decision in the form of a payment by the State (150/1992) Based on the criteria laid down.

The decision taken by the municipality may be notified as provided for in Article 59 of the Administrative Code. (27 JUNE 2014/501)

ARTICLE 52
Compensation to municipalities in the province of Åland

For the purpose of carrying out the tasks referred to in this Act, the municipalities of the Province of Åland shall be reimbursed on the basis of the number of applications for aid in the performance of the duties provided for in this Act.

The decree of the Council of State lays down more detailed provisions on the basis of the compensation to be paid to the province of the Province of Åland and the level of compensation.

ARTICLE 53
Public authority's right to information

The Ministry of Agriculture and Forestry, the Rural Development Agency, the Food Safety Agency and the other competent authority shall have the right, without prejudice to the confidentiality rules, to obtain from the State and the municipal authorities such an applicant, Information relating to the status and commercial, professional, or other relevant aspects of the aid, which are necessary to address the issue of aid.

The supervisory authority, the institution and the person carrying out the supervision provided for in this Act shall have the right to receive, free of charge, the necessary information from other authorities concerning the applicant, the beneficiary and the production of the aid.

Without prejudice to the confidentiality rules, information obtained in the exercise of the function provided for in this Act concerning the financial position, business or professional secrecy or the personal circumstances of the private or community may be disclosed by the State and the municipality To the authorities for the purpose of carrying out the task provided for in this Act, as well as to the prosecuting authorities, the police and customs authorities to investigate the offence.

Without prejudice to the confidentiality rules, the Ministry of Agriculture and Forestry, the EAFRD and the Food Safety Agency shall, without prejudice to the secrecy provisions of the European Union, disclose the information obtained in the implementation of this law, which is When monitoring the need for compliance with European Union law.

ARTICLE 54 (31.1.2015)
Appeals appeal

The decision referred to in this law by the municipality of the municipality may require a corrigendum, pursuant to Article 12, from the competent business, transport and environmental centre as provided for in the Administrative Act. If the request concerns a decision by the municipality of Åland, the request for a correction will be made to the Åland State Office.

The management decision of the EAFRD, Transport and Environment Agency and the State Office of the Åland Islands shall be subject to an adjustment of the authority which has taken the decision as provided for in the Administrative Act.

Appeal against the decision of the EAFRD and the Business, Transport and Environment Agency to appeal to the Administrative Court of Hämeenlinna as in the Administrative Law Act (18/06/1996) Provides. The decision by the Lapland Business, Transport and the Environment Agency to grant or recover reindeer husbanken should be appealed to the Administrative Court of Northern Finland. An appeal against the decision of the Åland State Office in Åland must be appealed to the Administrative Court of the Åland Islands.

The decision of the Administrative Court of Hämeenlinna, the Administrative Court of Northern Finland and the Administrative Court of the Åland Islands concerning the recovery of aid shall be subject to appeal by appeal to the Supreme Administrative Court, as referred to in the Administrative Law Act Provides. Otherwise, the decision of the Administrative Court and the Administrative Court of the Åland Islands shall be subject to appeal only if the Supreme Administrative Court grants an appeal.

Chapter 11

Entry into force and transitional provisions

ARTICLE 55
Entry into force

This Act shall enter into force on 19 March 2013.

This law repeals the law on the procedure to be followed for the management of rural activities (1336/1992) And the law implementing the common agricultural policy of the European Community (100/1994) .

ARTICLE 56
Transitional provisions

However, the provisions of Articles 3 to 5, 7 and 7a of the Act on the implementation of the common agricultural policy of the European Community shall continue to apply until such time as otherwise provided for in order to enforce the following provisions and acts:

1) Article 27 of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) Provisions on the marketing and production of Chapter I of Title II of Part II of Title II of Part II;

2) Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed, and the protection of geographical indications and designations of origin for agricultural products and foodstuffs Council Regulation (EC) No 510/2006;

(3) Council Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91.

Regulations of the State Council and of the Ministry of Agriculture and Forestry adopted pursuant to the Law on the Implementation of the Common Agricultural Policy and the Act on the Implementation of the Common Agricultural Policy of the European Community Decisions of the Ministry of Forestry and the provisions of the EAFRD shall remain in force until otherwise specified or specified.

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 7/2013

Entry into force and application of amending acts:

17.1.2014/40:

This Act shall enter into force on 22 January 2014.

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

31.1.2014/76:

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

L 76/2014 Enters into force on 1 September 2014 75/2014 In accordance with

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

27 JUNE 2014/501:

This Act shall enter into force on 1 July 2014. However, the wording of Chapter 9, Section 9, and Articles 44 to 47, 49 and 50 shall enter into force on 1 January 2015.

At the time of entry into force of Articles 44 to 47, 49 and 50, the wording of Chapter 9 of this Law and the entry into force of Section 44-47, 49 and 50 of this Act shall terminate with the entry into force of Section 9 of this Act and Articles 44 to 47, 49 and 50.

THEY 27/2014 MmVM 10/2014, EV 64/2014

27 JUNE 2014/584:

This Act shall enter into force on 1 January 2015.

THEY 34/2014 , MmVM 9/2014, EV 63/2014

30.12.2014/135:

This 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.

THEY 140/2014 , MmVM 24/2014, EV 229/2014

30.12.2014/1361:

This Act shall enter into force on 1 January 2015.

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

THEY 177/2014 , MmVM 25/2014, EV 230/2014

ON 30 DECEMBER 2011,

This Act shall enter into force on 1 January 2015.

THEY 311/2014 , MmVM 28/2014, EV 246/2014

18.9.2015/1161:

This Act shall enter into force on 1 January 2016.

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