Advanced Search

Law regulating compliance with requirements and standards in the framework of EU legislation on agricultural payments

Original Language Title: Gesetz zur Regelung der Einhaltung von Anforderungen und Standards im Rahmen unionsrechtlicher Vorschriften über Agrarzahlungen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law regulating compliance with requirements and standards in the framework of EU legislation on agricultural payments (agricultural payments-Commitments Act-Agricultural Payment VerpflG)

Unofficial table of contents

Agricultural Payment VerpflG

Date of completion: 02.12.2014

Full quote:

" Agricultural payment commitment law of 2 December 2014 (BGBl. I p. 1928) "

Footnote

(+ + + Text evidence from: 1.1.2015 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
EUV 1306/2013 (CELEX Nr: 32013R1306) cf. § 1 + + +)
(+ + + For application cf. § 7 Abs 1 + + +)

The G was decided by the Bundestag as Article 1 of the G v. 2.12.2014 I 1928 with the consent of the Bundesrat. It's gem. Article 7 (1) sentence 1 of this G entered into force on 1 January 2015. To the extent that this G authorizes or amends such authorisations for the adoption of legal regulations, it shall act in accordance with the provisions of Art. 7 (2), 9.12.2014 in force. Unofficial table of contents

§ 1 Scope

(1) This Act provides for the implementation of Title VI of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and control system of the common agricultural policy and on the Repeal of Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 145, 31.5.2008, p. 549) as amended and the acts adopted by the European Union under this Regulation or in its implementation. (2) This Act is a law in accordance with the provisions of the second and third sentences of paragraph 1 of this Article. Paragraph 2 (4) of the Law on the Organisation of the Market
1.
Support schemes within the meaning of Annex I to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 laying down rules for direct payments to farmers under support schemes the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 145, 31.5.2009, p. 608), as amended,
2.
Payments referred to in Articles 46 or 47 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on a common organisation of the market in agricultural products and repealing Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ No L 73, 27.2.2007, p. 1). 671), as amended,
3.
acts of the European Union adopted within the framework of the Regulations referred to in paragraphs 1 and 2; and
4.
on the implementation of the acts of the European Union adopted in paragraphs 1 and 2
are affected. Only the provisions of the First and Second Section and Articles 33 and 36 of the Law on the Law of the Market, in so far as these relate in each case to the granting of special advantages, shall be applicable. Acts of law on the basis of the provisions referred to in the second sentence may also be adopted in order to carry out the appropriate arrangements within the meaning of Article 1 (1), including the exercise of the acts of the acts referred to in paragraph 1 of this Article. European Union options for the Member States in so far as the exercise of the options for the implementation of the rules within the meaning of Article 1 (1) is relevant, unless otherwise provided for in this Act. (3) With regard to the premiums referred to in Article 92 (1) of Regulation (EU) No 1306/2013 in accordance with Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on the promotion of rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing the Regulation (EC) No 1698/2005 (OJ L 327, 30.11.2005 487), as amended, this Act applies only to the extent that a country grants the respective premium. Unofficial table of contents

§ 2 Basic requirements for management, preservation of land in good agricultural and ecological condition

(1) A beneficiary within the meaning of the first sentence of Article 92 of Regulation (EU) No 1306/2013 (beneficiary) shall be obliged to:
1.
its operations within the meaning of Article 91 (3) (a) of Regulation (EU) No 1306/2013 (establishment), as referred to in Article 93 (1) and (2), in conjunction with Annex II to Regulation (EU) No 1306/2013, with the indication "GAB" to carry out the basic requirements for the management of the plant and
2.
in accordance with Article 4 (1) (2), to take measures to comply with the standards referred to in Article 93 (1) and Article 94 in conjunction with Annex II to Regulation (EU) No 1306/2013 with the indication "GLÖZ" for the To maintain land in good agricultural and environmental condition.
(2) The competent authorities of the countries shall communicate to the beneficiary the information required under Article 95 of Regulation (EU) No 1306/2013. (3) The competent authorities responsible for monitoring compliance with the obligations referred to in paragraph 1. Authorities (specialist surveillance authorities) may
1.
for reasons of nature conservation,
2.
for reasons of plant protection,
3.
to enable the construction of a building plant,
4.
, for imperative reasons of overriding public interest,
5.
in the framework of the reorganisation or
6.
for other important reasons
Derogations from the obligations referred to in paragraph 1. Exceptions within the meaning of the first sentence of sentence 1 (2) to (6) may not be granted to the extent that important concerns relating to nature protection or environmental protection are in conflict. (4) A beneficiary shall be subject to compliance with the obligations laid down in paragraph 1 in so far as in respect of individual agricultural areas, when it is not possible for them to comply with the obligations under an administrative procedure under administrative or administrative planning procedures. Unofficial table of contents

§ 3 Conservation of permanent pasture pursuant to Article 93 (3) of Regulation (EU) No 1306/2013

(1) Countries forming the regions within the meaning of paragraph 2 have, for the implementation of Article 93 (3) of Regulation (EU) No 1306/2013 and the acts of the European Union adopted pursuant to this Regulation or in its implementation ensure that, in the area of the region concerned, the share of the permanent pasture in the whole of the agricultural area as a whole does not decrease significantly in relation to the reference year 2003. (2) Region within the meaning of paragraph 1 shall be the country. Form deviating from the first sentence
1.
the Land of Brandenburg and the Land of Berlin,
2.
the State of Lower Saxony and the Free Hanseatic City of Bremen,
3.
the state of Schleswig-Holstein and the Free and Hanseatic City of Hamburg
each region as long as each country has the payments referred to in Article 92 (1) of Regulation (EU) No 1306/2013 (payments) through a single joint competent service or body for the granting of payments in accordance with Article 7 (1), first sentence, of Regulation (EU) No 1306/2013.

Footnote

(+ + + § 3: For application see Section 7 (1) + + +) Unofficial table of contents

§ 4 Empowerment

(1) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry of Finance and the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, by means of a legal regulation with the consent of the Federal Ministry of Finance and The Federal Council, in order to carry out regulations within the meaning of Article 1 (1), properly,
1.
the details of the basic requirements for management within the framework of Article 93 (1) and (2) in conjunction with Annex II to Regulation (EU) No 1306/2013,
2.
the detailed details of the requirements for the conservation of land in good agricultural and environmental condition within the framework of Article 93 (1) and Article 94 in conjunction with Annex II to Regulation (EU) No 1306/2013,
3.
the measures that may be taken under Articles 97 and 99 of Regulation (EU) No 1306/2013 in the event of failure to comply with the requirements of Article 93 (1) to (3) of Regulation (EU) No 1306/2013, in particular the conditions , and the requirements for a reduction in payments or a total or partial exclusion from payments within the meaning of the first sentence of Article 92 of Regulation (EU) No 1306/2013
to the rules. Section 6 (4), second sentence, of the Law on the Market Organisation shall apply accordingly. (2) The Federal Ministry of Food and Agriculture is authorized to do so by legal regulation without the consent of the Federal Council
1.
References to the provisions of Regulation (EU) No 1305/2013, Regulation (EU) No 1306/2013, Regulation (EU) No 1307/2013 or Regulation (EU) No 1308/2013, and of Regulation (EU) No 1308/2013 and of Regulation (EU) No 1308/2013 and of Regulation (EU) No 1308/2013 and of Regulation (EU) No 1308/2013, as , acts adopted by the European Union in this Act or in the legal regulations adopted pursuant to this Act, in so far as it is necessary to adapt them to changes in those provisions;
2.
provisions of this Act or of the legal regulations adopted pursuant to this Act, or to adapt it in its wording to a remaining area of application in so far as they are subject to the adoption of appropriate provisions in Regulations of the The European Union has become inapplicable.
(3) The State Governments shall be authorized to do so by means of a legal regulation
1.
on the implementation of Article 93 (3) of Regulation (EU) No 1306/2013 and of acts adopted by the European Union in the framework of this Regulation or in its implementation, prohibit or restrict the upheaval of permanent pasture, to the extent that: in 2014, the share of the permanent pasture, based on the reference year 2003, was reduced by more than 5 per cent,
2.
on the implementation of Article 93 (3) of Regulation (EU) No 1306/2013 and of acts adopted by the European Union in the framework of this Regulation or in its implementation in the event of a decline in the proportion of the permanent pasture to the the total agricultural area used in 2014 to be determined by more than 8 per cent in relation to the reference year 2003, by resowing permanent pasture land or by re-applying to other land permanent pasture land.
(4) In legal orders referred to in paragraph 1, the authorisation may be transferred to the national governments, to the extent that this is necessary in order to take account of specific regional circumstances. The national governments may transfer the appropriations under the first sentence or paragraph 3 to the supreme state authorities by means of a legal regulation. (5) The Länder may, in accordance with their respective national organisation law, carry out the tasks of the specialist surveillance authorities. of their country in accordance with Article 2 (3) of a paying agency within the meaning of Article 7 (1) of Regulation (EU) No 1306/2013, or any other authority in their country.

Footnote

(+ + + § 4: Rules empowering or amending authorisations for the adoption of legal regulations shall act in accordance with the provisions of the Treaty establishing the European Community). Art. 7 (2) G v. 2.12.2014 I 1928 on 9.12.2014 in Kraft + + +) (+ + + § 4 para. 3 No. 1 u. 2: For use, see Section 7 (1) + + +) Unofficial table of contents

§ 5 Application of the Integrated Administration and Control System

(1) The integrated administration and control system referred to in Title V, Chapter II of Regulation (EU) No 1306/2013, and in particular the components of the system referred to in Article 68 (1) (a), (b), (d), (e) and (f) of Regulation (EU) No 1306/2013, shall be: (2) Article 97 (3) of Regulation (EU) No 1306/2013 is not applicable. (3) The competent authorities shall set up an early warning system in accordance with Article 99. (2) (2) to (4) of Regulation (EU) No 1306/2013, in conjunction with Article 39 (3) of the Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the integrated administration and control system and the conditions for the rejection or withdrawal of payments, as well as administrative sanctions in the context of direct payments, rural development measures and cross-compliance (OJ C 139, 30.4.2004, p. 48). (4) Administrative controls within the meaning of Article 96 (2) of Regulation (EU) No 1306/2013 are not to be carried out. Unofficial table of contents

§ 6 Announcement of legal regulations

By way of derogation from § 2 (1) of the German Federal Gazette (Federal Gazette), legal orders under this Act may be announced. Unofficial table of contents

§ 7 Transitional arrangements

(1) § § 3 and 4 (3) (1) and (2) and legal regulations pursuant to § 4 (3) (1) and (2) are no longer applicable at the end of 31 December 2016. (2) Where, as a result of paragraph 1, or of amendments to this Act or by the Repeal of the Direct Payments-Commitments Act, as amended by the Notice of 28 April 2010 (BGBl. 588), as last amended by Article 2 (104) of the Law of 22 December 2011 (BGBl I). 3044), as amended by Article 7 of the Law of 2 December 2014 (BGBl. In 1928) authorisations for the enactment of legal regulations of the Federal Republic of Germany have been extended, provisions which are based on such authorisations may be provided by the Federal Ministry of Food and Agriculture by means of a decree-law of the Federal Ministry of Food and Agriculture, which is not responsible for the (3) Insofar as the provisions of paragraph 1 or of amendments to this Act or the lifting of the Direct Payments-Commitments Act as amended by the Notice of 28 April 2010 (BGBl. 588), as last amended by Article 2 (104) of the Law of 22 December 2011 (BGBl I). 3044), as amended by Article 7 of the Law of 2 December 2014 (BGBl. 1928) authorisations for the adoption of legal regulations in the countries of the country have been extended, the State governments are authorized to repeal provisions based on such authorisations. The second sentence of Article 4 (4) shall apply accordingly.