Laws Governing Compliance With Requirements And Standards Within The Framework Of Union Legislation On Agricultural Payments

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

Read the untranslated law here: http://www.gesetze-im-internet.de/agrarzahlverpflg/BJNR192810014.html

Laws governing compliance with requirements and standards within the framework of Union legislation on agricultural payments (agricultural payments obligation law AgrarZahlVerpflG) AgrarZahlVerpflG Ausfertigung date: 02.12.2014 full quotation: "agricultural payments obligation law from 2nd December 2014 (BGBl. I S. 1928)" footnote (+++ text detection from: 1.1.2015 +++) (+++ official note of the standard authority on EC law: implementing the TEU 1306/2013 (CELEX Nr: 32013R1306) cf. § 1 +++) (+++ application cf. § 7 ABS 1 +++) the G was decided as article 1 of the G v. 2.12.2014 I in 1928 by the German Bundestag, with the consent of the Federal Council. It is under article 7 para 1 sentence 1 of this G on the 1.1.2015 entered into force. As far as this G to adopt regulations authorized or change such appropriations, it enters gem. Article 7 paragraph 2 of the 9.12.2014 into force.

§ 1 scope of application (1) this law serves 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 the control system of the common agricultural policy and repealing 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 of the Council (OJ L 347 of the 20.12.2013, p. 549) in the currently valid version and of acts of the European Union adopted in the framework of this regulation or its implementation.
(2) this Act is in accordance with sentences 2 and 3 a law within the meaning of article 1, paragraph 2 point 4 of the market organization act, as far as 1 support schemes within the meaning of annex I of to Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 2013 with rules on direct payments to farmers in the scope of support schemes in the common agricultural policy and repealing Regulation (EC) No. 637/2008 of the Council and Regulation (EC) No 73/2009 of the Council (OJ L 347 of the 20.12.2013, p. 608) in the currently valid version, 2. payments under article 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 for agricultural products, and repealing Regulations (EEC) no 922/72, (EEC) No 234/79, (EC) no 1037/2001 and (EC) No. 1234/2007 (OJ L 347 of the 20.12.2013, p. 671) in the currently valid version, 3. under the regulations referred to in paragraphs 1 and 2, adopted legal acts of the European Union and 4 to the implementation of the regulations referred to in paragraphs 1 and 2 adopted legal acts of the European Union are concerned. Only the provisions of the first and second section and the articles 33 and 36 of the market organisation Act are applicable, as far as these each relate to the granting of special privileges. Regulations in accordance with the provisions referred to in sentence 2 may also be adopted to appropriately perform arrangements within the meaning of § 1, clause 1, including the perception of the options contained in the acts referred to in paragraph 1 of the European Union for the Member States, insofar as the exercise of the options for the implementation of the arrangements in the sense of § 1, clause 1 is relevant, unless that something else is regulated in this law.
(3) in the terms of article 92 sentence 1 of the Regulation (EU) No. 1306/2013 premiums referred to Regulation (EU) No. 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European agricultural fund for rural development (EAFRD) and repealing Regulation (EC) No. 1698/2005 (OJ L 347 of the 20.12.2013, p. 487) in the amended this Act applies only insofar as a country grants the respective premium.

Section 2 basic requirements for the management and conservation of land in good agricultural and environmental condition (1) a beneficiary within the meaning of article 92 sentence 1 of the Regulation (EU) No. 1306/2013 (beneficiary) is required, 1 its operation within the meaning of article 91 paragraph 3 of Regulation (EU) No. 1306 / 2013 (operating) after article 93 paragraph 1 and 2 in connection with annex II of to Regulation (EU) No. 1306 / 2013 stating "WERE" designated basic requirements to the Management to lead and 2. in accordance with a regulation according to § 4 paragraph 1 number 2 measures to be taken to the article 93 paragraph 1 and article 94 in conjunction with annex II of to Regulation (EU) No. 1306/2013 stating "DEEMED" designated standards for the maintenance of land in good agricultural and environmental condition to comply.
(2) the competent authorities of the countries submit the beneficiary pursuant to article 95 of Regulation (EU) No. 1306 / 2013 necessary information.
(3) the authorities responsible for monitoring compliance with the obligations referred to in paragraph 1 (competent monitoring authorities) may 1 for reasons of conservation, 2. for reasons of plant protection, 3. the establishment of a structural system to enable 4. imperative reasons of overriding public interest, 5. part of the hallway reordering or 6 other important reasons grant derogations from the obligations referred to in paragraph 1. Exceptions within the meaning of sentence 1 number 2 to 6 may be granted where important matters of nature conservation or environmental conflict.
(4) a beneficiary is exempt from compliance with the obligations referred to in paragraph 1 so far with regard to certain agricultural land than adherence to the commitments on the basis of an administrative arrangement within the framework of administrative proceedings or an official planning process is not possible for it.

§ 3 maintenance of permanent pasture referred to in article 93 (3) of Regulation (EU) No. 1306/2013 (1) have the countries that make up the regions within the meaning of paragraph 2, for the purposes of applying article 93 (3) of Regulation (EU) No. 1306/2013 and within the scope of this regulation or of the European Union acts adopted for its implementation to worry bear, that the proportion of permanent grassland on the entire agricultural area on the territory of the region based on the reference year 2003 is not significantly decreases. The countries govern the further.
(2) region within the meaning of paragraph 1 is the country. By way of derogation from sentence 1 the State of Brandenburg and the State of Berlin, 2. form 1 the State of Lower Saxony and the free Hanseatic City of Bremen, 3. that each with a Land Schleswig-Holstein and the free and Hanseatic City of Hamburg region, as long as each country set 1 of the Regulation (EU) No. 1306/2013 referred to that in article 92 payments (payments) through one common service authority or institution for the granting of payments referred to in article 7 paragraph 1 sentence 1 of the Regulation (EU) No. 1306/2013 perform.
Footnote (+++ § 3: for use see § 7 para 1 +++) § 4 appropriations (1) is the Federal Ministry of food and agriculture empowered, in consultation with the Federal Ministry of finance and the Federal Ministry for environment, nature conservation, construction and nuclear safety by decree with the consent of the Federal Council, to properly carry out arrangements in the sense of § 1, clause 1, 1 modalities for the basic requirements to the operational management in the framework of article 93 paragraph 1 and 2 in conjunction with annex II of to Regulation (EU) No. 1306/2013 , 2. further details of the requirements for the maintenance of land in good agricultural and environmental condition in the context of article 93 paragraph 1, and article 94 in conjunction with annex II of to Regulation (EU) No. 1306/2013, 3. the measures in the context of articles 97 and 99 of the Regulation (EU) No. 1306/2013 in the case of non-compliance with the requirements after article 93 paragraph 1 to 3 of the Regulation (EU) No. 1306/2013 can be taken , in particular the conditions for, and the requirements for a reduction in payments or a whole or partial exclusion of the payments within the meaning of article 92 sentence 1 of the Regulation (EU) No. 1306/2013 to regulate. § 6 paragraph 4 sentence 2 of the market organization act shall apply mutatis mutandis.
(2) the Federal Ministry of food and agriculture will be authorized by Decree without the consent of the Federal Council 1. references to the Regulation (EU) No. 1305/2013, the Regulation (EU) No. 1306/2013, the Regulation (EU) No. 1307/2013 the Regulation (EU) No. 1308/2013 and the each within the framework of these regulations or acts adopted for its implementation of the European Union in this Act or in the regulations adopted under this Act to change or , as far as it is necessary to adapt to changes to these rules to delete 2. provisions of this Act or of the regulations adopted on the basis of this Act or to customize a remaining field of application in their wording, insofar as they have become inapplicable by the adoption of appropriate provisions in the regulations of the European Union.
(3) the land Governments are empowered by regulation 1 for the purposes of applying article 93 (3) of Regulation (EU) No. 1306 / 2013 and within the scope of this regulation or of the European Union acts adopted for its implementation the break by permanent grassland to prohibit or limit, as far as in 2014, the proportion of permanent grassland based on the reference year 2003 by more than 5 per cent has decreased , 2.

for the purposes of applying article 93 (3) of Regulation (EU) No. 1306 / 2013 and within the scope of this regulation or acts adopted for its implementation of the European Union in the event of a decline in the proportion of permanent grassland on the entire agricultural surface used in the year 2014 by more than 8 per cent based on the reference year 2003 to determine, that will be created on other surfaces permanent grassland or permanent grassland plots broken to are sown again.
(4) in legal regulations referred to in paragraph 1 the authorization can be transferred to the State Governments, insofar as this is necessary to take account of regional specificities. The State Governments can transfer the appropriations pursuant to sentence 1 or (3) by regulation Supreme Land authorities.
(5) can the countries in accordance with their respective country organization law the tasks of the competent monitoring authorities of their country transferred to section 2, paragraph 3, a paying agent within the meaning of article 7 (1) of Regulation (EU) No. 1306/2013 or any other authority of their country.
Footnote (+++ § 4: change provisions which authorize the adoption of legal regulations or such appropriations, pursuant Article 7 para 2 G v. 2.12.2014 I 1928 into force on the 9.12.2014 +++) (+++ § 4 para 3 No. 1 and 2: to apply see § 7 para 1 +++) § 5 application of the integrated administration and control system (1) the integrated administration and control system for title V, chapter II of Regulation (EU) No. 1306/2013 and in particular the parts of the system to article 68 paragraph 1 letter a , b, d, e and f of the Regulation (EU) no 1306/2013 are for the purpose of control of the requirements of article 96 (1) of Regulation (EU) No. 1306/2013 applied.
(2) Article 97 article 3 of that Regulation (EU) is no. 1306/2013 is not applicable.
(3) the competent authorities shall set up an early warning system under article 99 paragraph 2 subparagraph 2 to 4 of Regulation (EU) No. 1306/2013 in connection with article 39 (3) of the delegated Regulation (EU) No. 640/2014 of the Commission from March 11, 2014, supplementing Regulation (EU) No. 1306/2013 of the European Parliament and of the Council relating to the integrated administration and control system and the conditions for refusal or withdrawal of payments, as well as for administrative sanctions in the framework of Direct payments and rural development measures of cross-compliance (OJ L 181 of the 20.6.2014, p. 48) a.
(4) administrative checks (2) of Regulation (EU) No. 1306/2013 within the meaning of article 96 are not making.

§ 6 promulgation of regulations regulations can be announced by way of derogation according to this law of article 2 paragraph 1 of the adorn - and notice Act in the Federal Gazette.

Article 7 transitional arrangements (1) §§ 3 and 4 paragraph 3 number 1 and 2 and regulations on reason of § 4 paragraph 3 1 and 2 are number no longer apply upon the expiry of the 31 December 2016.
(2) If, as a result of paragraph 1 or by amendments to this Act or the lifting of the direct payments obligation act as amended by the notice of April 28, 2010 (Gazette I p. 588), most recently by article 2 paragraph 104 of the law of December 22, 2011 (BGBl. I S. 3044) is been amended by article 7 of the Act of the 2nd of December 2014 (BGBl. I S. 1928) appropriations to the adoption of legal regulations of the Federal Government have fallen on , rules that are based on such appropriations can be lifted by Decree of the Federal Ministry of food and agriculture, which will not require the consent of the Federal Council,.
(3) If, as a result of paragraph 1 or by amendments to this Act or the lifting of the direct payments obligation act as amended by the notice of April 28, 2010 (BGBl. I S. 588), most recently by article 2 paragraph 104 of the law of December 22, 2011 (BGBl. I S. 3044) is been amended by article 7 of the Act of the 2nd of December 2014 (BGBl. I S. 1928) appropriations to adopt legal regulations of countries have fallen away , the State Governments be empowered to waive regulations, which are based on such appropriations. Section 4, paragraph 4, sentence 2 shall apply accordingly.