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

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Act to regulate compliance with requirements and standards in the framework of EU law on agricultural payments (Agricultural Payment Commitments Act-Agri-Payment VerpflG)

unofficial Table of Contents

Agricultural Payment VerpflG

Date of Departure: 02.12.2014

Full Quote:

" Agricultural paymentsCommitmentslaw of 2. December 2014 (BGBl. I p. 1928) "

footnote

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

The G was referred to as Article 1 of the G v. 2.12.2014 I in 1928 approved by the Bundestag 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 modifies authorisations for the adoption of legal regulations, it shall act in accordance with the provisions of this Regulation. Art. 7 (2), 9.12.2014 in force. Non-official table of contents

§ 1 Scope of application

(1) This law provides for the implementation of Title VI of Regulation (EU) No 1306/2013 of the The European Parliament and the Council of 17 Regulation (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 European Parliament and of the Council of 19 December 2013 on the financing, management and control system of the common agricultural policy Council (OJ L 327, 549), as amended and the acts adopted by the European Union in the framework of this Regulation or in its implementation.(2) This Act is, in accordance with the provisions of sentences 2 and 3, a law within the meaning of Section 1 (2) (4) of the Law on the Market Organisation, as far as
1.
Support schemes in the sense of the Annex I to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 June 2013 December 2013 with rules on direct payments to farmers under support schemes of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Regulation (EC) No 73/2009 Council Regulation (EC) No 608) as amended,
2.
Payments under Article 46 or 47 of Regulation (EU) No 1308/2013 of the European Parliament and of the European Parliament and of the Council of Europe Council of 17 1 December 2013 on the 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 L 378, 27.12.2007, p. 671), as amended,
3.
under the Regulations referred to in points 1 and 2 of the European Parliament and of the European Parliament and of the Council of the European Communities Union and
4.
acts adopted by the European Union on the implementation of the regulations referred to in points 1 and 2 of this Regulation
. 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. Legal regulations 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 referred to in paragraph 1 of this Article European Union options for the Member States, insofar 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) In respect of 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 June 2013, The European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EC) No 1698/2005 (OJ L 327, 27.12.2005, p. 487), as amended, this Act applies only to the extent that a country grants the respective premium. Non-official table of contents

§ 2 Basic requirements for management, maintenance of land in good agricultural and environmental condition

(1) A beneficiary within the meaning of the first sentence of Article 92 of Regulation (EU) No 1306/2013 (beneficiary) is obliged to
1.
its operations within the meaning of Article 91 (1) (1) of Regulation (EU) No 1306/2013 (beneficiary). 3 (a) of Regulation (EU) No 1306/2013 (operation) to be carried out in accordance with the basic requirements referred to in Article 93 (1) and (2), in conjunction with Annex II to Regulation (EU) No 1306/2013, with the indication "GAB" and
2.
in accordance with the provisions of Article 4 (1) (2), to take the measures referred to in Article 93 (1) and Article 94 in conjunction with Annex II of the Regulation (EU) No 1306/2013, specifying "GLÖZ" standards for the conservation of land in good agricultural and environmental condition.
(2) The competent authorities of the countries shall communicate to the beneficiary the the information required under Article 95 of Regulation (EU) No 1306/2013.(3) The authorities responsible for monitoring compliance with the obligations referred to in paragraph 1 (specialist surveillance authorities) may
1.
for reasons of Nature conservation,
2.
for plant protection reasons,
3.
to build a building
4.
for imperative reasons of overriding public interest,
5.
as part of the corridor or
6.
for other important reasons
Exceptions to the Approve 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 contrary.(4) A beneficiary shall be exempted from compliance with the obligations referred to in paragraph 1 in respect of individual agricultural land in so far as the compliance of the obligations under a regulatory arrangement within the framework of an administrative arrangement is Administrative procedures or a regulatory planning procedure is not possible. Non-official table of contents

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

(1) The countries that have Whereas, for the purposes of Article 93 (3) of Regulation (EU) No 1306/2013, and of the acts adopted by the European Union in the framework of this Regulation or in its implementation, the regions referred to in paragraph 2 shall be responsible for: in the area of the region in question, the share of the permanent pasture in the whole of the agricultural area in relation to the reference year 2003 does not decrease significantly. The more detailed rules are the countries.(2) Region within the meaning of paragraph 1 shall be the country. Deviating from the first sentence,
1.
form the State of Brandenburg and the Land of Berlin,
2.
the country Lower Saxony and the Free Hanseatic City of Bremen,
3.
the state of Schleswig-Holstein and the Free and Hanseatic City of Hamburg
one region each, as long as the respective Countries the payments referred to in Article 92 (1) of Regulation (EU) No 1306/2013 (payments) via a single joint competent service or body for the granting of payments under Article 7 (1), first sentence, of the Regulation (EU) N ° 1306/2013.

Footnote

(+ + + § 3: For application see Section 7 (1) + + +) Non-official table of contents

§ 4 Appropriations

(1) 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 Council, in order to carry out regulations in accordance with § 1 (1),
1.
the details of the basic requirements for the management within the framework of the provisions of Article 93 Paragraphs 1 and 2 in conjunction with Annex II of Regulation (EU) No 1306/2013,
2.
the details of the requirements for the conservation of land in good the agricultural and environmental condition referred to in Article 93 (1) and Article 94, in conjunction with Annex II to Regulation (EU) No 1306/2013,
3.
Measures which may be taken within the framework of Articles 97 and 99 of Regulation (EU) No 1306/2013 in the event of non-compliance with the requirements of Article 93 (1) to (3) of Regulation (EU) No 1306/2013, in particular the conditions for 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
. 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, by means of a regulation without the consent of the Federal Council, to
1.
referrals to the regulations of the Regulation (EU) No 1305/2013, Regulation (EU) No 1306/2013, Regulation (EU) No 1307/2013 or Regulation (EU) No 1308/2013 and the acts adopted by the European Commission in the framework of these Regulations or in their implementation Union in this Act or in the legal regulations adopted pursuant to this Act, insofar as it is necessary to adapt them to changes in these provisions,
2.
To delete the provisions of this law or the legal regulations issued under this law, or to adapt it in its wording to a remaining scope of application, to the extent that: they have become inapplicable in regulations of the European Union by the adoption of appropriate provisions.
(3) The national governments are authorized to do so by means of legal regulation
1.
for the implementation of Article 93 (3) of Regulation (EU) No 1306/2013 and the acts adopted by the European Union under this Regulation or in its implementation a ban or restriction of permanent pasture, where, in 2014, the share of the permanent pasture has decreased by more than 5 per cent in relation to the reference year 2003,
2.
for the implementation of Article 93 (3) of Regulation (EU) No 1306/2013 and the acts adopted by the European Union in the framework of this Regulation or in its implementation in the If the share of the permanent pasture has been lost in the total agricultural area used in 2014 by more than 8 per cent in relation to the reference year 2003, it shall be determined that the permanent pasture area has been re-sown
() The authorization referred to in paragraph 1 may be transferred to the national governments, where this is necessary, in order to give special regional conditions To be able to take account. The national governments may transfer the appropriations in accordance with the first sentence or paragraph 3 to the supreme state authorities by means of a regulation.(5) Countries may, in accordance with their respective national organization law, carry out the tasks of the specialist supervisory authorities in 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

Footnote

(+ + + § 4: Regulations authorizing or modifying authorisations for the adoption of legal regulations shall act in accordance with the law of the European Parliament and the Council of the European Union). Art. 7 (2) G v. 2.12.2014 I 1928 on 9.12.2014 in Kraft + + +) (+ + + § 4 Abs. 3 Nr. 1 u. 2: For use, see Section 7 (1) + + +) Non-official table of contents

§ 5 Application of the Integrated Administration and Control System

(1) The Integrated Administration and Control System (1) Management and control system referred to in Chapter II of Title V 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 carried out for the purposes of control of the provisions of Article 96 (1) of Regulation (EU) No 1306/2013.(2) Article 97 (3) of Regulation (EU) No 1306/2013 is not applicable.The competent authorities shall set up an early warning system in accordance with the second subparagraph of Article 99 (2) of Regulation (EU) No 1306/2013, in conjunction with Article 39 (3) of the Delegated Regulation (EU) No 640/2014 of the Commission of 11 December 2014. 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 for Administrative sanctions in the framework of direct payments, rural development measures and cross-compliance (OJ C 139, 30.4.2004, p. OJ No L 181, 20.6.2014, p. 48).(4) Administrative controls within the meaning of Article 96 (2) of Regulation (EU) No 1306/2013 shall not be carried out. Non-official table of contents

§ 6 Announcement of legal regulations

Legal regulations under this Act may differ from § 2 (1) of the Announcing and announcing law in the Federal Gazette is announced. Non-official table of contents

§ 7 Transitional rules

(1) § § 3 and 4 (3) (1) and (2) and legal regulations pursuant to § 4 (3) Number 1 and 2 are at the end of the 31. December 2016 no longer apply.(2) Where, as a result of paragraph 1, or of amendments to this Act, or by raising 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. 3044), by Article 7 of the Act 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 Approval of the Federal Council needs to be repealed.(3) Where, as a result of paragraph 1, or of amendments to this Act, or by raising 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. 3044), by Article 7 of the Act 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.