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The State Council Regulation On Compensation For Non-Productive Investments

Original Language Title: Valtioneuvoston asetus ei-tuotannollisia investointeja koskevasta korvauksesta

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Government Decree on compensation for non-productive investments

See the copyright notice Conditions of use .

In accordance with the decision of the Council of State, certain provisions of the (13/04/2014) Article 3 (4), Article 9 (4) and Article 11 (4):

ARTICLE 1
Scope

This Regulation lays down 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, Below Rural regulation , the aid for non-productive investments referred to in Article 17 (1) (d), hereinafter referred to as ' the Investment compensation , implementation. The investment allowance is part of the continental programme for rural development approved by the European Commission for the period 2014-2020. The investment compensation may be granted and paid during the period of validity of the development programme within the limits of the funds allocated to the State budget.

ARTICLE 2
Definitions

For the purposes of this Regulation:

(1) On a wetland A permanently partially flooded area, which acts as the arresting officer of the solids and nutrients, the habitat of the biota or the variety of the cultivated landscape;

(2) Traditional biotopes The fox, the meadow, the rantanite, the leaf meadow, the pancreas, the woodland or the moor, where there are clear signs of grazing or the use of the area for the production of livestock;

(3) Natural pasture Of the Council Regulation on environmental compensation (195/2015) The pasture referred to in Article 41 (1).

ARTICLE 3
Allocation of investment compensation for wetlands

The investment compensation may be granted for setting up and improving the natural state of wetlands, small-scale, small-scale, wetland areas, wetlands and plains.

Investment compensation shall not be granted for investment projects where the main purpose is to:

(1) treat the water load from non-arable land; or

2) build a irrigation pool or form a lake or a pond.

§ 4
Creation of wetlands and flood plains

The wetland and the flooded area covered by the investment compensation shall be set up in natural suitable places in the field, on the edge of the field, in a forest or wasteland, where there are more than 10 fields in the catchment area of the wetlands or flood plains. %. In addition, the wetlands and the flood plains must be set up in such a way as to ensure maximum levels of solids and nutrient inputs from the catchment area and create a wide range of habitats. (11.06.2005)

The wetlands referred to in paragraph 1 shall be set up by dam, if possible. In the case of wetlands which are permanently submerged in the wetlands set up in the field, arable crops with a high or very high level of phosphorus shall be removed. The measure shall not adversely affect the drying or other land use of fields cultivated outside the wetland area. The amount and location of sludge to be removed from the wetlands shall take into account the good phosphorus retention capacity of the sludge.

The wetland referred to in paragraph 1 shall also include the areas necessary for its management. The edges and uoma of the wetlands can be protected from erosion and oppressed by grassland, testicle or plantations. The measures taken during the wetland project must be kept.

§ 5
Area of the wetland project

The area covered by the area covered by the investment compensation, including the areas of flood, shall be at least 0,5 % of the surface area of the upstream catchment area. The wetlands set up at the same time or already in the upper half of the catchment area may be included in the abovementioned minimum area. The total area of wetlands is calculated not only in the areas of water and flood, but also the penises and the peripheral areas necessary for the management of wetlands.

ARTICLE 6
Derogations from the area requirement for the wetland project

The area of the wetland project covered by the investment compensation may be less than the surface area referred to in Article 4 (1) and Article 5 (1) if:

(1) there is a local strong agricultural load;

(2) the target is included in the general plan for the protection zone, biodiversity or wetland;

(3) the target organ, the transport and the Agency's assessment, is an effective contribution to the protection or diversity of agricultural water; or

4) the restoration of the natural state of uoma.

The area of the wetland referred to in paragraph 1 (3) shall be less than the surface area referred to in Article 4 (1) and Article 5 (1) if the establishment of a wetland is significantly diversifying the agricultural environment in an area without: Damp habitats.

§ 7
Rehacitation of bathing

The project to rehabilitate uoman, which is the subject of the investment compensation, may be carried out:

(1) restoring flood zones;

(2) setting up a number of small wetlands and floodplains;

(3) by building bottom thresholds or tubing dams that slow the flow of water;

(4) the erosion of the erosion of the uits;

(5) planting vegetation;

(6) increasing the unwinding of the stream; or

(7) improving the quality of habitats for birds, fish and crabs.

The uoma referred to in paragraph 1 shall be restored in accordance with the principles of organic hydrological construction. The rehabilitation project must include adequate areas for the treatment of uoma.

§ 8
Granting of investment compensation for the initial clearance and fencing of traditional biotopes and natural pastures

The investment compensation may be granted for the rehabilitation of traditional biotopes and natural pastures. The condition is that the rehabilitation of the target provides a habitat for a variety of vegetation and fauna, or represents the rural cultural heritage or landscape value of a long-term land use. After rehabilitation, the area must be capable of grazing. Compensation shall not be granted for the rehabilitation of the areas of land use.

Where the management of traditional biotopes or natural pastures has been carried out in accordance with the provisions of the Council Regulation of 2007-2013 on natural handicap payments and agri-environmental payments (166/2007) The contract referred to in Article 39 (7) or (8), which has not been carried out in accordance with the plan, shall not be eligible for an investment compensation.

§ 9
Rehabilation measures for perinne biotoop and natural pasture

The grubbing-up of the traditional biotope and natural pasture, which is the subject of the investment compensation, may include the grubbing-up of shrubbery and carpentry and the removal of grazing and grubbing-up waste, which is detrimental to grazing and biodiversity. In addition to the grubbing-up of vegetation, the rehabilitation may include the maintenance and restoration of livestock structures and structures in the project implementation area, as well as the establishment of the area.

The area covered by the measure referred to in paragraph 1 shall not be modified, fertilised or treated with pesticides. However, the Centre for Food, Transport and the Environment can accept, on a case-by-case basis, a limited number of points in the fight against the chemical control of invasive species. A laden biotope must be separated from the other side of the fence. However, there may be grounds for departing from the requirement for an application. The area shall not be extended or afforestation. The measures taken during the rehabilitation project must be kept.

ARTICLE 10 (11.06.2005)
Investment compensation and environmental agreement

The investment allowance shall not be granted for the initial grubbing-up or the authenticity of traditional biotopes or natural pastures in the area covered by Article 27 (2) of the State Council Regulation on the Ecolabel. Environmental agreement. However, the investment compensation may be granted under that heading or in the agreements referred to in Article 39 (7) and (8) of the Council Regulation on natural handicap payments and agri-environmental payments in 2007-2013 By grazing on the hedging of the treated subject with fraud if it were otherwise impossible to carry out the contract because of a significant threat to grazing animals. The investment allowance shall not be granted for the authenticity of the item on the fences if the item is not included in the above contract.

ARTICLE 11
Managing the investment compensation target

The investment allowance shall be reimbursed by the applicant for the entire duration of the investment project.

ARTICLE 12
Investment project plan

An appropriate plan shall be drawn up for the investment project under the investment compensation. The plan shall include:

1) the general description and objectives of the project;

2) the area of the project;

(3) the identification and timing of the project;

(4) the parties involved in the implementation of the project, the implementation and financing responsibilities and any contractual arrangements;

(5) the cost breakdown of the project and the financing plan;

6) the map of the project;

7) a map of the project area;

(8) a description of the ownership and the permits of the landowners in the area, as well as any other permits required by the project;

(9) authority authorisations required for the implementation of the project;

(10) an overview of post-creation management measures.

The plan for setting up a wetland should also include a description of:

(1) the proportion of fields referred to in Article 4 in the catchment area;

(2) the area of the wetland area of the wetland area referred to in Article 5;

3) laying down measures for the establishment of a wetland;

(4) the management and damping of waters in the wetland area;

5. In the wetlands of the wetlands, in the drains, in the fields, in the islands and in the vegetation zones;

6. The emptying of the sludge from the wetland;

(7) any substance and method used for phosphorus precipitation;

(8) wetland dimensions;

(9) the effects of the project on the drying situation of fields outside the wetland area or other land use.

In addition, the plan for the initial clearance and fencing of the genus biotoop or of the natural pasture shall be accompanied by a management date, if the area has been in force in the area of compensatory allowances and agri-environmental payments for the period 2007-2013 The agreement referred to in Article 39 (7) or (8) of the Council Regulation.

ARTICLE 13
Reimbursable costs

The cost of the measure in the investment project may be reimbursed if the measure is justified in order to achieve the objectives of the project. Reasonable planning costs for the project may also be replaced. In the event of economic benefits arising from the use of the territory on the basis of harvest or other benefits, the benefits shall be taken into account for the benefit of the forestry sector, with the exception of compensation.

The costs to be reimbursed shall be reimbursed by the applicant, the final, reasonable and verifiable. The replacement cost shall be final if the claimant has not received and cannot receive, or on the basis of, a reduction, reparation or refund.

Costs shall be reimbursed only up to the maximum cost of the Annex. However, for an individual measure, the transport and environment centre may deviate from the maximum costs. The condition is that:

(1) the measure, taking into account the quality of the work, has been carried out in the most economically advantageous manner;

(2) the cost is reasonable and based on the normal price level of the measure;

(3) The conditions set out in paragraphs 1 and 2 are presented in a reliable manner.

ARTICLE 14
Costs project costs

In addition to the costs referred to in Article 13 (1), the investment compensation for the establishment of a wetland may be eligible for the necessary reasonable costs:

1) surface and vegetation in the wetland area;

(2) the disposal of the deleted soil;

(3) the construction of dams, ground thresholds, penises and other essential structures;

4) the design of the humidity base, the slopes and the periphery;

5. Sowing wetlands and floodplains and planting vegetation;

6) wetland design.

§ 15
Costs for the initial clearance and fencing of perinne-biotopes and wild grazing

In addition to the costs referred to in Article 13 (1), the investment compensation may be granted in addition to the costs referred to in Article 13 (1), in addition to the costs referred to in Article 13 (1):

(1) the clearing of trees and bushes;

(2) the elimination of grubbing-up and non-invasive species;

(3) authenticity;

(4) refurbation of structures and structures relating to livestock farming;

(5) concerning the conclusion of block notes;

6) project design.

The investment allowance shall not be paid for the costs arising from the refurbation.

ARTICLE 16
Compensation in kind contributions

The eligibility of contributions in kind for the implementation of investment projects is laid down in the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Laying down common provisions for the EFF, laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund, and Council Regulation (EC) No 1083/2006 Of the European Parliament and of the Council (EU) No 1303/2013 Article 69.

§ 17
Costs excluded from compensation

The investment allowance shall not be granted:

(1) the costs of renting out the area covered by the investment project;

(2) value added tax which does not remain the final expenditure of the applicant;

(3) the costs incurred before the start of the investment project, with the exception of the planning costs associated with the project;

(4) the purchase of machinery or equipment;

(5) the cost of transport by the applicant;

(6) costs resulting from the application of the authority required to carry out the investment project.

No investment compensation shall be granted for the measures already paid in respect of other European Union or national aid schemes. The investment allowance shall not be granted for the loss of income resulting from the project.

ARTICLE 18
Maximum compensation

The investment compensation shall be paid in accordance with the approved costs per hectare, up to and including:

Euro
-setting up a wetland and improving the natural state of uoma; 11.669
-Initial clearance and authentication of traditional biotopes
-no more than 3 hectares; 1.862
-targets of more than 3 hectares, but not more than 10 1.108
-more than 10 hectares; 754

If a wetland or a uoma, which improves the state of the natural state, has a size of 0,3 to 0,5 ha, the compensation shall be paid up to a maximum of eur 3 225.

The investment costs of the fraud fence in the area covered by the agreement referred to in Article 29 (2) of the Council Regulation on the environmental compensation shall be reimbursed within the limits referred to in paragraph 1. The maximum amount of compensation shall be 80 % of the costs.

§ 19
Decision on the maximum amount of the project compensation

The Centre shall assess the costs indicated in the application and shall, by decision, fix the maximum amount per project.

§ 20
Assessing the importance of the project for environmental investment compensation

The assessment of the project's importance for the environment in respect of the investment compensation shall be taken into account:

(1) a pre-known need for action at the site;

(2) the importance of the investment in the environmental protection of agriculture;

(3) the dimensions and limitations of the target;

(4) the quality of the impact of wetland investments.

ARTICLE 21
Allocation of compensation as a lump sum

The Centre for Food, Transport and the Environment may decide on the application that the compensation for the investment project is granted as a lump sum. The condition is that the project is compatible with a single payment. When applying for a lump sum, the applicant shall provide a detailed cost estimate, including the justification, together with an estimate of the external supply. The amount of the compensation in the project financed by the compensation procedure shall not exceed EUR 100 000.

The decision on compensation shall specify the measure and the execution time to be carried out in the project and the documentation necessary to verify that the project is completed, to the extent that the project's implementation in accordance with the decision can be ascertained before Payment of compensation. The decision on compensation may be amended only for the duration of the implementation period.

§ 22
Date of implementation of the investment project and environmental agreement

The investment project must not commence until the decision to grant compensation has been taken by the Centre for Enterprise, Transport and the Environment. The project must be carried out within two years of the decision to grant compensation. For specific reasons, the Centre for Enterprise, Transport and the Environment may grant an extension of up to two years to complete the project.

After completion of the investment project and at the latest in the year following completion, the project promoter shall make an agreement as referred to in Article 29 (1) or (2) of the State Council Regulation on the management of the environment. However, the agreement does not need to be concluded if the investment project is the construction of the frauds referred to in Article 10 and an agreement has already been concluded on the management of the aided area.

ARTICLE 23
Modification of the initiative launched

If, after the start of the project, the recipient of the compensation deviates significantly from the plan approved by the decision granting the compensation and its measures, the compensation decision must be appealed. The costs of the project may only be eligible for compensation if an application for change is submitted to the Centre for Enterprise, Transport and the Environment before the cost of the change is incurred. The compensation decision may be amended only for a particularly justified reason, so that the eligible costs of the project are increased.

If the funding is provided in a way that differs from that of the compensation decision, or that any other public funding is received from the compensation decision, an appeal must be lodged with regard to the financing.

§ 24
Payment of compensation

The compensation shall be paid on the basis of a separate application, in accordance with the expenditure incurred. The payment of compensation shall be subject to the condition that the measure on which the compensation is to be paid has been implemented and the resulting cost is paid. Before applying for the last instalment of the compensation, all payments resulting from the investment must be made.

The payment of compensation shall be subject to an individual invoice and a statement of payment, or, if the charge is not based on a landing, an individual receipt. A detailed description of the payment documents must be made. No compensation shall be paid until the expenditure is entered in the accounts or in notes in respect of a taxable person who is not an accounting officer.

If the compensation has been granted as a lump sum, it may be paid when the measure specified in the compensation decision has been taken in accordance with the compensation decision.

ARTICLE 25
Monitoring information on compensation

The obligation for the recipient of compensation to provide the information necessary for the monitoring and evaluation of the investment compensation is provided for in Article 71 of the rural regulation.

§ 26
Entry into force

This Regulation shall enter into force on 24 March 2015.

Annex

Eligible costs of investment compensation

1 Moisture projects

Tractor work with driver 43 €/h
Human work 19 €/h
Workplace charges for a tractor or a light earthmoving machine 274 €/50 €/h
Material load, driving and distribution EUR 140 /ha/55 /h
Telaexcaur's work charge EUR 720 /ha/60 /h
Alternatively, the excavation and land transfer may be estimated on the basis of the masses using a cost 1-3 €/m 3
Account may also be taken of the cost of planting of hedges and tree groups or multi-annual aquatic plants planted in the territory of the Contracting Party.
Establishment of the plan
-areas not exceeding 1 ha; 900 €/plan
-projects of up to 2 ha 10 % of the amount of investment compensation
-projects of over 2 ha 8 % of the amount of the investment compensation
In addition, the costs may be taken into account for the material costs, such as stone material, gravel, filter fabrics and other pathets, as well as the necessary movements of machinery.

2 Initial clearance and authentication of perinne biotopes and natural grazing

Tractor work with driver 43 €/h
Human work 19 €/h
Raivaus
Expenditure per hectare per hectare:
Basic rehabilitation grubbing-up in the first year of treatment 600 €/ha
Hooray for other years of treatment 98 €/ha
Harvest/discharge of waste/grubbing-up waste 211 €/ha
Incineration of culling/clearance waste 226 €/ha
Transport of explosives 140 €/ha
Hours-based costs:
Grubbing-up (grubbing-up or cropping) 22,5 €/h
Drawing and incineration of waste disposal/grubbing-up 19 €/h
Mechanical baptisement 46 €/h
Driving a tractor trailer with a tractor trailer 57 €/h
The costs of grubbing-up and the removal of grubbing-up waste can be accepted as costs only where they are not eligible for sale. The term 'grubbing' refers to the removal of this waterworks.
Guaranteed materials (excluding work)
-For cattle, electric herders. 1,5 €/m
-A shepherd 220-480 €/device
-In demanding targets (e.g. Rocks, cliffs or moist/submerged objects) +20 % of fence costs
Sheep grazing for sheep 3 €/m
-The reef. 17-25 €/m
Riules can only be accepted at the sites of the landscape.
In addition to the fraud committed during the management contract
-electrical herbals, not more than 2 €/m
-two or three times the normal value of the human and/or tractor type;
Costs related to the renovation of buildings
-the opaque cap and the roof structure; 25 to 34 €/m2
-painting 5 to 8 €/m2
Other costs related to the renovation of the structures are reimbursed on the basis of reasonable costs.
Establishment of the plan 320 €/plan
-requiring targets 420 €/plan
Keeping the diary (4 to 8 h/v) 24,60 €/h
Regulation (EU) No 1305/2013 of the European Parliament and of the Council (32013R1305); OJ L 347, 20.12.2013, p. 487 Commission Delegated Regulation (EU) No 807/2014 (32014R0807); OJ L 227, 31.7.2014, p. 1

Entry into force and application of amending acts:

11 JUNE 2015/711:

This Regulation shall enter into force on 16 June 2015.

Regulation (EU) No 1305/2013 of the European Parliament and of the Council (32013R1305); OJ L 347, 20.12.2013, p. 487 Commission Delegated Regulation (EU) No 807/2014 (32014R0807); OJ L 227, 31.7.2014, p.1