Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
This Act shall apply to Regulation (EU) No .../... 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 1305/2013, hereinafter ' the Rural regulation , Articles 15, 17 (1) (d) and 28, 29, 31 and 33, and the financing, management and monitoring of the common agricultural policy, and Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, Regulation (EU) No 1306/2013 of the European Parliament and of the Council on repealing Regulation (EC) No 1290/2005 and (EC) No 485/2008, hereinafter referred to as ' the Horizontal regulation , in accordance with Article 12, which are included in the rural development programme of mainland Finland.
For the purposes of this law:
(1) Direct 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;
(2) 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;
(3) Implementing regulation Commission Delegated Regulation (EU) supplementing 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) No 807/2014
(4) Active farmer On the European Union's direct payments to agriculture (193/2013) The active farmer;
(5) Spouse, The farmer's spouse and marital status, the income tax law (1535/1992) Persons referred to in paragraph 3;
(6) 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;
(7) Agricultural land Agricultural land referred to in Article 2 (1) (f) of the EAFRD;
(8) 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;
(9) Wetland investment The setting up of wetlands, small wetlands, and wetlands and wetlands in their natural sites, in the drying fields and in drying areas, as well as remediation of bathing areas; In accordance with the principles of organic water construction.
Under this law, a rural regulation may be granted:
1) Agri-environment and climate support ( Environmental compensation );
2) aid within the meaning of Article 31 for regions with special or specific constraints ( Natural handicap payment );
3) Support for organic farming referred to in Article 29 Compensation for organic production );
(4) animal welfare payments as referred to in Article 33 ( Animal welfare compensation );
5) aid for non-productive investments as referred to in Article 17 (1) (d) ( Compensation for non-productive investment ).
In addition, under this law, the support service provided for in Article 15 of the Rural Regulation and Article 12 of the horizontal regulation ( Compensation for farm advisory services ).
The measure under compensation referred to in paragraphs 1 and 2 may be granted additional national funding within the meaning of Article 82 of the Rural Regulation.
The Decree of the Council of State may lay down provisions on the introduction of compensation, forms of compensation, compensation areas, the maximum amount of compensation and the annual allocation of compensation.
The beneficiary of the compensation referred to in Article 3 (1) shall comply with the cross-compliance provisions referred to in Articles 91 to 95 of the horizontal Regulation, with the exception of the recipient of the non-productive investment referred to in Article 3 (1) (5).
The compensation for environmental compensation and organic production is also conditional on the recipient's compliance with the requirements for the conservation of agricultural land referred to in Article 4 (2) (a) of the Direct Payments Regulation and the rural regulation 28 And the minimum requirements for the use of fertilisers and plant protection products referred to in Article 29 (2).
The requirements laid down in paragraphs 1 and 2 shall not apply to the extent of the agreement referred to in Article 5 (6) and (7) or the compensation referred to in Article 10 to the farm advisory.
The acceptance of the undertaking referred to in this Act, the award of the contract and the award of the compensation shall be subject to the condition that the natural person or his spouse who is the applicant shall be the beneficiary of the year of aid or of the year preceding the commencement of a commitment or contract. At 31 December, at least 18 years old. However, the undertaking given by a person under the age of 18 years may be accepted, a contract may be awarded to him and he may be awarded compensation if he is married, engaged in agriculture as a co-owner, together with his parents or There are other specific reasons for the exemption. Where the agricultural and horticultural economy is carried out by more than one farmer or Community form, the grant of the aid shall be subject to the condition that at least one farmer, a member of the Community, a shareholder or a company man fulfils the age requirement.
The Government Decree may lay down more detailed provisions on the requirements referred to in paragraphs 1 and 2 and on the use of agricultural land for non-agricultural activities and for the decommissioning of agricultural land.
The Ministerial Decree of the Ministry of Agriculture and Forestry lays down more detailed provisions on the definition and minimum size of parcels.
Environmental compensation may be granted on the basis of the following agreements or commitments:
(1) an environmental commitment for the implementation of environmental compensation measures;
(2) compliance with the conditions of environmental compensation in the area covered by the agreement or the environmental agreement on the rearing of native breeds;
(3) the agreement on the maintenance of the original plant variety, the maintenance of the original plant or the preservation of the original breeds.
An environmental commitment can be given by an active farmer. The farmer must commit to farm-specific measures in the fields. In addition, the farmer may commit to one or more parcel measures. The granting of an environmental compensation based on an environmental commitment shall be conditional on the farmer having at least five hectares of eligible arable land for the whole period of the commitment period or, in the case of horticultural crops, On environmental compensation, at least one hectare of eligible arable land for horticultural crops.
The environmental agreement can be an active farmer. In the environmental agreement, the farmer undertakes to take parcels in the field or in another area or to the breeding of native breeds. The award of the environmental compensation shall be conditional on a minimum of 0,30 hectares under the contract. The area covered by an environmental agreement to maintain discipline, geese and swan fields shall be at least five hectares. The contract area shall be under the management of the environmental agreement throughout the contract period. The contract may be made from leased fields or other sectors, provided that the lease is in force throughout the contract period.
The minimum area requirement referred to in paragraph 3 shall not apply to environmental compensation in so far as it relates to an environmental agreement on the rearing of indigenous breeds. The award of an environmental contract for the rearing of native breeds and the environmental compensation granted under it shall be subject to the condition that the recipient of the compensation is under control throughout the period covered by the compensation:
(1) 0,9 livestock units in the case of sheep or goats;
(2) one animal unit in the case of bovine animals;
(3) two livestock units in the case of horses; or
(4) 20 animals, in the case of chickens or flowers.
In addition, an environmental agreement may be concluded with a registered association for the management of wetlands or agricultural diversity and landscape management measures and water law. (587/2011) in Chapter 12 Referred to in Article 3 (1) of the Directive.
The maintenance of the original plant variety may be made by the seed (728/2000) Shall be kept by the owner of the original plant variety right from the cultivation of the variety concerned.
The Agreement on the maintenance of plant genetic resources may be concluded with the body responsible for the storage of plant genetic resources. A contract for the storage of the original breeds may be concluded with the entity responsible for the storage of pension funds. The approval of the Agreement is conditional on the approval by the Ministry of Agriculture and Forestry of a plan of measures for the conservation of genetic resources.
The environmental commitment referred to in this Article shall be adopted and the agreement referred to in paragraphs 6 and 7 shall be concluded for a period of five years, after which they may be extended for one year at a time.
The State Council Regulation may lay down more detailed provisions on the conditions under which the compensation is granted, the measures covered by the environmental compensation, the replacement of them, the replacement period, the financing, the The definition of the sector, the areas referred to in paragraph 3, the allocation areas, the maximum amount of compensation and the number per unit, the increase in the unit amount and the reduction in the amount of the compensation, the environmental agreements; and Their terms and conditions, commitments When awarding and concluding contracts, the measures for the conservation of genetic resources in agriculture and the amount of compensation, the content of the plan of action and the other conditions for compensation.
The Decree of the Ministry of Agriculture and Forestry may provide for more detailed provisions on the technical implementation of environmental compensation measures on the farm.
The compensatory allowance may be granted to a farmer who complies with the conditions of compensation in all its agricultural land and cultivates its farm during the period of compensation. The granting of compensation shall be conditional on the farmer having at least five hectares of eligible agricultural land for the period covered by the compensation or, in the case of a farm situated in the island region, three hectares of compensation. Agricultural land in the archipelago.
The compensatory allowance may be increased if the animal unit density of the holding is, on average, at least 0,35 livestock units per eligible area of arable land.
The level of the compensatory allowance may be gradually reduced in order to increase the volume.
The Decree of the Council of State may lay down more detailed provisions concerning the conditions for the granting of compensation, the eligible area, the compensation period, the financing, the regional differentiation of compensation, the grounds for the increase in the compensatory allowance, and Of the number of livestock units, the calculation of the average stocking density, the gradual reduction of compensation on the basis of size, the maximum amount of compensation and the unit amount, the increase in the unit amount of the compensation, and Reduction, other conditions of compensation, and Of island regions.
The animal welfare compensation may be granted to an active farmer who gives an undertaking to implement at least one animal welfare measure.
The animal welfare allowance shall be subject to the condition that the recipient of the compensation has at least the period covered by the compensation:
(1) an average of 15 livestock units in the case of repayments of bovine animals or pigs;
2), on average, five livestock units in the case of compensation for sheep or goats;
(3) 14 livestock units in the case of chickens repayable;
(4) 70 livestock units in the case of compensation for broilers;
(5) 60 livestock units in the case of compensation for turkeys.
For the purpose of calculating the number of animals referred to in paragraph 2, account shall be taken of the production interruptions typical of the type of production.
The Government Decree may lay down more detailed provisions on the conditions for the granting of compensation, the maximum amount of compensation and the unit amount, the financing, the increase in the unit amount and the reduction, compensation The order of precedence of the applicants, the animal units, the calculation of the livestock units and the conditions of production referred to in paragraph 3, as well as the other conditions for compensation.
The Decree of the Ministry of Agriculture and Forestry may provide for more detailed provisions on the technical implementation of measures on the farm.
Compensation for organic production may be granted for organic production or for conversion to an active farmer giving a five-year commitment to organic production or organic livestock production, Has signed up to the organic production control system.
In the case of organic production, the granting of compensatory allowances for organic production shall be conditional upon the farmer having at least five hectares of eligible arable land for the whole period of the commitment period, Or, in the case of organic production related to the cultivation of horticultural crops, at least one hectare of eligible arable land for horticultural crops.
In the case of organic livestock production, the granting of compensatory allowances for organic livestock production shall be conditional on the farmer holding the full commitment period under its control of organic livestock production. On average at least 0,3 livestock units per hectare of compensatory commitment per hectare of organic livestock production.
The undertaking referred to in paragraph 1 may be renewed after a period of five years of commitment for one year.
The Government Decree may lay down more detailed provisions on the conditions for granting compensation for organic production, the eligible area, the financing, the maximum amount of compensation and the unit-specific amount, the compensation The increase in the number of units and the reduction in the number of units, the priority order for commitments, animal units, the calculation of the average stocking density and the other conditions for compensation.
Compensation for non-productive investments may be granted to a farmer, a registered association and a water-law community as referred to in Chapter 12 of the Water Law. In addition, the compensation for non-productive investments may be granted to an active farmer or a registered association for the initial clearance and fencing of biotopes and natural pastures.
The granting of compensation for non-productive investment is conditional on the conclusion of an agreement within the meaning of Article 5 (5) on the treatment of the investee, with a minimum of 0,30 hectares.
The use of compensation for the purchase of goods and services and the provision of works contracts shall be governed by public procurement law.
The Government Decree may provide for more detailed provisions on the conditions for granting compensation for non-productive investments, the amount of compensation and the other conditions for compensation.
Compensation for farm holdings may be granted in accordance with Article 15 of the Rural Regulation and Article 12 of the horizontal regulation on farm advisory services.
Advice can be provided for cross-compliance, greening requirements, climate change mitigation and adaptation, biodiversity, water and soil protection, innovation, environmental compensation, On the conservation of agricultural land, organic production, plant protection and integrated control, animal welfare and health, and more efficient use of energy, renewable energy and other environmental performance Related matters.
Compensation paid under the Law on the Implementation of Agricultural Aid (192/2013) , or if this is in the service of another, his employer.
The decree of the Council of State may provide for more detailed provisions on the conditions for granting compensation to agricultural holdings, the amount of compensation, the content of the advice, the financing and the basis for the compensation.
The payment of the environmental compensation and the compensation for organic production shall be subject to the lodging of an annual payment application by the beneficiary to the granting authority by means of a form established by the EAFRD. The information may also be provided using the form in electronic form. The compensation for the non-productive investment and the environmental compensation payable under Article 5 (7) shall be paid in the form of a proportion of the eligible costs in the application for payment of the maximum amount of compensation granted.
The advice shall be provided by the Advisory Committee to the Centre for Enterprise, Transport and the Environment. The payment of compensation for agricultural holdings shall be subject to the condition that the farmer has confirmed the implementation of the advisory measure and that the compensation is requested within six months of the notification referred to above.
The payment of compensation shall be conditional on the amount of the compensation for the year of commitment, contract or compensation payable by the beneficiary and per individual compensation of at least EUR 100.
The Government Decree lays down more detailed provisions on the conditions for the payment of compensation.
The Decree of the Ministry of Agriculture and Forestry may provide more detailed provisions on the criteria used to calculate the lower limit of compensation.
The EAFRD may provide more detailed provisions on the procedure to be followed in the application for compensation and the prior notification referred to in paragraph 2.
The agreement referred to in this Act, the environmental agreement or the agreement on the cultivation of a plant variety referred to in Article 5 (6) may be amended as provided for in Article 14 (2) of the implementing Regulation. The commitment made on organic production may be converted into a commitment to organic livestock production. A commitment made on organic livestock production may be converted into a commitment to organic production if the organic livestock production requirement per hectare of livestock is no longer met. A commitment or an environmental agreement may be amended by adding a viable area under the conditions laid down in Article 15 of the Executive Regulation.
The plan of action for the maintenance or conservation of the original breeds of indigenous breeds referred to in Article 5 (7) may be amended.
The transfer of a commitment or an environmental agreement or part thereof shall be lodged within 15 working days of the transfer of ownership or control of the sector or animals to which they are subject.
A commitment, an environmental agreement or any other agreement within the meaning of Article 5 may be adapted to take account of changes to the legislation on the conditions of that compensation, as provided for in Article 48 of the Rural Development Regulation. If the beneficiary does not accept the adjustment, the commitment, the environmental agreement or any other agreement referred to in Article 5 shall lapse, and the compensation already paid shall not be recovered.
The Government Decree may lay down more detailed provisions on the conditions for the amendment, transfer and adaptation of the undertaking or contract.
A commitment or an environmental agreement within the meaning of this law shall lapse if the eligible area is reduced by a minimum required under the undertaking or the transfer of an environmental contract.
In the case of force majeure or exceptional circumstances referred to in Article 2 (2) of the horizontal regulation, the commitment, the environmental agreement and the other agreement referred to in Article 5 may be waived.
An environmental agreement or any other agreement within the meaning of Article 5 may be terminated if the recipient of the compensation has concealed the fact that the contract materially affects the conclusion of the contract, or has provided material misinformation, or if he or the later The owner of the contract to which the contract has been transferred materially infrings the terms of the contract.
Recovery shall be subject to the law on the implementation of agricultural aid at the time of recovery of the undertaking or contract.
A decree of the Council of State may lay down more detailed provisions on the conditions of the undertaking or withdrawal of the contract.
The right to compensation under the decision on compensation for non-productive investments may be transferred to another if the conditions for the granting of compensation are met and the beneficiary fulfils the conditions for the beneficiary.
A commitment or agreement within the meaning of this law may be waived or not granted if, in order to obtain compensation, the circumstances or measure have been given a form which does not correspond to the actual nature or purpose of the case. A commitment or agreement may also be waived if the applicant is in the middle of a commitment or agreement that has given up the commitment or agreement, or two years have elapsed.
The compensation may be reduced or the compensation may not be paid if the legislation of the European Union so requires, or where the recipient has failed to comply with the commitment or contractual compensation. The extent, extent, duration and frequency of non-compliance with respect to the conditions of compensation shall be affected by the reduction in the allowance.
The decree of the Council of State lays down more precisely the grounds for the reduction and refusal of compensation, as well as the amount of the deduction to the extent required by European Union law.
The beneficiary of the compensation shall keep records, notes and certificates relating to the conditions of the remuneration referred to in this Act, which are not submitted to the awarding authority, for a period of at least four years under a commitment or contract period. In the case of compensation referred to in Articles 5 or 8. In the case of compensation payable under this Act, the beneficiary shall keep the corresponding documents four years after the end of the year in which the compensation was sought.
The EAFRD may provide more detailed provisions on the retention of documents.
Where a farmer or a member of his family pursuing a business activity has been sentenced to a criminal offence under criminal law (39/1889) A member of the family of animal welfare or a farmer or a member of the family carrying out a business activity in accordance with Articles 14, 14a or 15 has been sentenced to the animal protection law Article 54 of the ec Treaty And at the same time specified Article 23 of Chapter 17 of the Criminal Code , no compensation based on the holding of animals under this law shall be granted and shall not be paid in respect of the species concerned in respect of the undertaking or contract during which the act has been ascertained. In addition, the animal species shall not be taken into account for the calculation of the livestock density requirements for livestock per hectare in respect of this year.
Where a farmer or a member of the family carrying out a business activity has been convicted of an animal-holding ban, no compensation based on the holding of animals under this law shall be granted or paid for the species covered by the prohibition For the duration of the restraining order and not for the period between the year of action and the judgment of the law. In addition, the animal species shall not be taken into account for the calculation of the livestock density requirements for livestock per hectare in respect of that period.
In the case of the animal species concerned, the payment of compensation for the use of animals under this law shall be suspended and that species shall not be taken into account for the purpose of calculating the amount of compensation per hectare in accordance with this law The stocking density requirements if the offence or infringement referred to in paragraph 1 has been initiated under consideration.
The Ministry of Agriculture and Forestry, the Rural Development Agency, the Centre for Enterprise, Transport and the Environment, and the municipality, shall have the right to receive the compensation and monitoring data necessary for the assessment of the compensation and the effectiveness of the compensation.
The decree of the Council of State provides for more detailed information on the content of surveys and monitoring data.
The use of technical assistance as referred to in Article 51 of the Rural Development Regulation for the implementation of the assistance provided for in this Act shall be laid down separately.
This Act shall enter into force on 1 January 2015.
This Act repeals the law on compensatory payments, agri-environmental aid and certain other aid to the improvement of the environment and the countryside (1440/2006) .
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.
With effect from the date of entry into force of this Act, special support agreements for agri-environmental aid in the form of compensatory allowances, agri-environmental aid and certain other aids related to the environment and rural development aid Convert into environmental commitments, environmental agreements or organic production commitments under this law, provided that the agreement provides for the adaptation of the contract following legislative changes. The special environmental aid agreement shall then cease to be valid. If the beneficiary does not accept conversion, the special agreement shall lapse without the obligation of the beneficiary to repay the aid.
With effect from the entry into force of this Act, the existing compensatory aid for the environment, agri-environmental aid and certain other specific support schemes for environmental support under the Law on the improvement of the environment and the countryside, not including: Shall be subject to the provisions in force at the time of entry into force of this Act.
THEY 177/2014 , MmVM 25/2014, EV 230/2014
