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Regulation on compliance with basic requirements and standards in the framework of EU legislation on agricultural payments

Original Language Title: Verordnung über die Einhaltung von Grundanforderungen und Standards im Rahmen unionsrechtlicher Vorschriften über Agrarzahlungen

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Regulation on compliance with basic requirements and standards in the framework of European Union rules on agricultural payments (agricultural payment commitments Regulation-Agricultural Payment VerpflV)

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Agricultural Payment VerpflV

Date of completion: 17.12.2014

Full quote:

" CommitmentsCommitmentsRegulation of 17 December 2014 (BAnz. AT 23.12.2014 V1), as defined by Article 2 of the Regulation of 10 July 2015 (BAnz. 2015 AT 13.07.2015 V1) has been amended "

Note: Amendment by Art. 2 V v. 10.7.2015 BAnz AT 13.07.2015 V1 text proof, documentary proof not yet finished

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2015 + + +) 
(+ + + For application cf. § 10 + + +)

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Input formula

The Federal Ministry of Food and Agriculture is responsible for the
-
§ 4 (1) sentence 1, also in conjunction with paragraph 4, of the Agricultural Payment CommitmentsAct of 2 December 2014 (BGBl. 1928), in agreement with the Federal Ministry of Finance and the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety,
-
§ 9a sentence 1 and § 15 sentence 1 of the Market Organisation Act as amended by the Notice of 24 June 2005 (BGBl. I p. 1847), as defined by Article 1 of the Law of 29 July 2009 (BGBl. 2314), in conjunction with Section 1 (2) of the Agricultural Payment Obligations Act of 2 December 2014 (BGBl). 1928) and § 1 (2) of the Jurisdiction Adjustment Act of 16 August 2002 (BGBl). I p. 3165) and the Organizational Decree of 17 December 2013 (BGBl. 4310), in agreement with the Federal Ministry of Finance, the Federal Ministry for Economic Affairs and Energy, and the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety:

Section 1
Scope

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§ 1 Scope

This Regulation lays down
1.
the requirements for the conservation of land in good agricultural and environmental condition within the meaning of Article 93 (1) in conjunction with Annex II to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 2013 on the financing, management and 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 1. 549), as amended, to be complied with by the beneficiary within the meaning of Article 92 (1) of Regulation (EU) No 1306/2013 (beneficiary), and
2.
the detailed rules for the control and sanctioning of the requirements and standards referred to in point 1 and in Article 93 (1) to (3) in conjunction with Annex II to Regulation (EU) No 1306/2013.

Section 2
Requirements for the conservation of land in good agricultural and environmental condition

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§ 2 Creation of buffer zones along watercourses

In order to maintain good agricultural and ecological status, those who manage agricultural land along watercourses have the requirements of § 3 (6) and (7), respectively in conjunction with paragraph 8, of the Fertiliser Ordinance. , to the extent that the requirements for fertilisers with a substantial nutrient content relate to nitrogen. Unofficial table of contents

§ 3 Compliance with authorisation procedures for the use of water for irrigation

Those who irrigate or otherwise irrigate agricultural land shall, in the case of a permit or permit-subject, use the use of water within the meaning of Section 9 (1) (1) or (5) of the Water Resources Act in the event of a control over to demonstrate compliance with the obligations for the conservation of agricultural land in good agricultural and environmental condition, that the permit or authorisation is available. Unofficial table of contents

§ 4 Protection of groundwater against pollution

(1) Substances listed in List I of Appendix 1 may not be introduced or introduced into the groundwater in the course of an agricultural activity. (2) Those who, in the course of their agricultural activity, are subject to List II of Appendix 1 to the Annex 1 to the In the event of a check on compliance with the obligations for the conservation of agricultural land in a good agricultural and environmental condition, shall be required to demonstrate that the groundwater is in a state of good agricultural and environmental condition, Permission in accordance with § 8 in conjunction with Section 9 (1) (4) and with § 48 (1) of the (3) Substances listed in List I and List II of Appendix 1 are to be handled within the framework of an agricultural activity in such a way as to avoid any adverse change in the nature of the ground water. The application of fertilizers and plant protection products within the framework of good professional practice and legal regulations remains unaffected. The requirement laid down in the first sentence is generally satisfied if the requirements of paragraphs 4 to 7 are complied with. (4) Mineral oil products, fuels, lubricants and plant protection products are to be stored in sealed containers. The use of petroleum products, fuels, lubricants and plant protection products must be carried out in such a way that their respective residues must be eliminated in such a way that a disadvantageous change in the nature of the ground water is not to be obtained. The second sentence shall apply mutas to the disposal of residues of disinfection baths for farm animals. (5) Unless a fixed installation within the meaning of Article 62 (1) sentence 3 of the Water Resources Act is concerned, Festmist shall only be entitled to: on agricultural land and not longer than six months, and only stored in such a way as to ensure that no adverse change in the quality of the groundwater is to be caused by leaking out of leachate. The place on which the moat is stored on agricultural land is to be changed annually. (6) Silahire outside fixed installations are permitted only on agricultural land and only if there is a negative change in the area of agricultural land. (7) In order to maintain good agricultural and ecological status, the requirements of water protection area regulations and administrative decisions are also based on the following: § 52 (1) to (3) of the Water Resources Act, provided that they are Storage of silage and fixed-mist outside of fixed installations. Unofficial table of contents

§ 5 Minimum requirements for land cover

(1) arable land which is used by the farmer as an area used in the environmental interest within the meaning of Article 46 (2) (a), (c), (d) or (f) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 Rules on 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 (OJ L 145, 31.5.2009, p. 608) is to be left to self-greening or to be greeted by sowing as far as there is no agricultural production or where only a grazing or grazing is carried out or is not available for use in the form of a sowing or a sowing. Cut usage is permitted. In the case of Article 46 (2) (c) of Regulation (EU) No 1307/2013, the first sentence shall apply only in so far as it is a rim within the meaning of Article 27 (2) of the Direct Payments Implementing Regulation, which does not constitute a Feldraine within the meaning of Section 8 (1) of Regulation (EU) No 1307/2013. Number 6. An upheaval with immediately following sowing shall be permitted for care purposes or for the fulfilment of obligations under agri-environmental and climate measures outside the period referred to in paragraph 5. By way of derogation from the second sentence, an upheaval shall be allowed within the period referred to in paragraph 5 if the farmer, at the request of an obligation to set up flowering areas for one or more years in the context of agri-environmental and climate measures, shall (2) Plant protection products shall not be applied on the arable land referred to in paragraph 1. (3) The obligations laid down in paragraphs 1 and 2 shall end at the time after 31 July of the Year of application, from which sowing or planting, which does not apply before the end of this application year, to Harvesting, preparing, or carrying out the harvest. The provisions of the federal and state governments in the field of nature conservation or the water balance shall remain unaffected. Application year shall be the year in which the relevant area has been applied for as an area used in the environmental interest. (4) Paragraphs 1 to 3 shall apply mutatis mity to the land, including arable land set aside, within the meaning of Article 4 (3) (3). 1 (f) of Regulation (EU) No 1307/2013, which is not designated by the farmer as the area used in the interest of the environment. (5) In the period from 1 April to 30 June of a year, the mowing or the crushing of the growth is shall be prohibited on the land referred to in paragraphs 1 and 4. The first sentence shall also apply to permanent pasture land on which no production takes place. (6) Until 15 February of the year following the application year
1.
Intermediate fruits and foundations within the meaning of Article 46 (2) (i) of Regulation (EU) No 1307/2013 in conjunction with Section 18 (3) of the Direct Payments-Implementing Act and
2.
Winter crops or winter intermediate fruits within the meaning of Article 18 (4) of the Direct Payments-Implementing Act
to be left on the surface. The grazing and rolling, tugging or chopping of the grass or intermediate crops on the areas referred to in the first sentence shall be permitted. The national governments may, by means of a legal regulation, apply to certain areas in order to:
1.
special features,
2.
special requirements of certain cultures,
3.
particular requirements of soil protection or
4.
Special requirements of plant protection within the meaning of § 1 (1) and (2) of the Plant Protection Act
The following dates shall be taken into account, but not before 15 January of the year following the application year. Unofficial table of contents

§ 6 Minimum practices of soil working to limit erosion

(1) Minimum requirements for limiting erosion shall be ensured by measures to be taken on the basis of the classification of agricultural land in accordance with the degree of risk of water or wind erosion (risk of erosion) in accordance with a to comply with the provisions of the second sentence of the second subparagraph in conjunction with paragraphs 2 to 4. In accordance with Article 4 (1), first sentence, point 2 in conjunction with the first sentence of paragraph 4 (1) of the Agricultural Payment Commitment Act, the State Governments have to divide agricultural land by the degree of erosion risk. The classification in accordance with the second sentence shall be:
1.
with regard to the risk of erosion by water, the requirements of Appendix 2 and
2.
with regard to the risk of erosion by wind, the requirements of Appendix 3
on the basis of the In the regulation, the areas belonging to the erosion hazard classes are to be designated. (2) A field of arable land belonging to the CCWasser1 water erosion hazard class as defined in Appendix 2, and not in a specific support measure for the From 1 December until the end of February 15, erosion protection should not be allowed to be ploughed. Plowing after harvest of the pre-crop is only allowed in case of sowing before 1 December. In the case of a management transverse to the slope, the first and second sentences are not to be applied. (3) A field of arable land belonging to the CCWasser2 water risk category within the meaning of Appendix 2 and not in a specific support measure for erosion protection , may not be ploughed from 1 December to the end of 15 February. Plowing between 16 February and the end of 30 November is only permitted if the sowing is immediately followed by the following. The latest date of sowing is 30 November. Ploughing is prohibited prior to the sowing of crops with a row spacing of 45 centimetres and more (rice culture). (4) A field of arable land belonging to the wind-erosion hazard class CCWind in the sense of Appendix 3 and which does not belong in a special Support measures for erosion protection should only be ploughed in the case of sowing before 1 March. By way of derogation from the first sentence, the ploughing, except in the case of rice crops, shall be permitted from 1 March only in the case of immediately following sowing. The ban on plouging in the case of rice crops shall not apply where:
1.
transverse to the main wind direction before 1 December, green strips shall be sown at a distance of not more than 100 metres from each other and shall be sown in a width of at least 2.5 metres,
2.
in the case of cultivation of crops in dams, the dams are applied transversely to the main direction of wind, or
3.
Young plants are set immediately after ploughing.
(5) The competent authority of the country may, in individual cases instead of the requirements set out in paragraphs 2 to 4, authorise the use of stable mist for structural stabilisation. (6) The national governments may, in accordance with the legal regulation referred to in paragraph 1, be used by the requirements set out in paragraphs 2 to 4 shall be laid down in so far as this is necessary to:
1.
in certain areas,
a)
special features,
b)
specific requirements of certain crops or
c)
Special requirements of plant protection within the meaning of § 1 (1) and (2) of the Plant Protection Act
to be taken into account, or
2.
ensure proper monitoring of the requirements of paragraphs 2 to 4.
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§ 7 Conservation of the proportion of organic matter in the soil

Stubble fields must not be burnt down. Unofficial table of contents

§ 8 No removal of landscape elements

(1) Landscape elements must not be removed. Landscape elements within the meaning of the first sentence shall be:
1.
Hedges or knuckles: linear structural elements, which are predominantly covered with trees and have a minimum length of 10 metres and an average width of up to 15 metres, with minor unfixed interruptions being harmless,
2.
Rows of trees: at least five linear, non-agricultural trees along a distance of at least 50 metres in length,
3.
Field trees: areas which are predominantly covered with oillike plants and are not used for agricultural production, with a size of at least 50 square metres, up to a maximum of 2 000 square metres; areas for which aid for afforestation is or a afforestation premium, shall not be considered as a field wood,
4.
Wetlands with a maximum size of 2 000 square metres:
a)
in biotopes, which are protected in accordance with Section 30 (2), first sentence, points 1 and 2 of the Federal Nature Protection Act or further national regulations, and are covered by the biotope mapping,
b)
Puppets, Stariffs, Dolins and
c)
Other wetlands comparable to point (b),
5.
Individual trees: trees protected as natural monuments within the meaning of Section 28 of the Federal Nature Protection Act (Bundesnaturschutzgesetz),
6.
Feldrains: predominantly with grass-like and herb-like plants, narrow, long-stretched areas with a total width of more than two metres within or between farmland areas, or on which agricultural production does not take place,
7.
Dry and natural stone walls: walls of a length of more than five metres in length, which are not part of a terrace according to point 10, of a field or natural stone of a length of more than five metres, whether or not filled with soil or clay,
8.
Lesesteinwalle: Aufschüttungen von Lesestein von mehr als five metres longitude,
9.
rock and stone bars as well as natural stone areas with a maximum size of 2 000 square metres,
10.
Terraces: of people using auxiliary materials, linear vertical structures in the agricultural landscape, which are intended to reduce the slope of usable areas.
(2) Trox and natural stone walls within the meaning of paragraph 1 (7), which are also part of a terrace within the meaning of paragraph 1 (10), must not be removed. (3) § 39 (5) sentence 1 (2) and sentence 2 to 4 of the Federal Nature Protection Act (Bundesnaturschutzgesetz) in connection with the country law based thereon, shall apply mutah
1.
Hedges and Knicks,
2.
Trees in rows of trees,
3.
field trees and
4.
Single trees.
(4) In addition to paragraph 1, national governments may, in addition to paragraph 1, lay down other elements of the landscape which, within the meaning of the first sentence of paragraph 1, may not be removed, where necessary, in order to meet specific regional circumstances. (5) The prohibition of disposal of paragraphs 1 and 2, including in conjunction with a legal regulation in accordance with paragraph 4, does not involve an obligation to care for it.

Section 3
Control and sanction rules

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Section 9 Control requirements

(1) Article 68 (1), fourth sentence, second sentence, of the Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down detailed rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the Integrated management and control systems, rural development measures and cross-compliance (OJ C 139, 30.4.2004, p. 69), as amended. (2) The report does not contain any observations within the meaning of Article 72 (1) of the Implementing Regulation (EU) No 809/2014, it is not necessary to submit the report , under the conditions laid down in the third subparagraph of Article 72 (4) of the Implementing Regulation (EU) No 809/2014.

Section 4
Final provisions

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Section 10 Transitional arrangements

(1) Until the enactment of a regulation pursuant to § 6 (1) sentence 2, including in conjunction with paragraph 6, the second sentence of § 2 (1), in conjunction with § 5 (1) sentence 1 (2) and (4) of the Direct Payments Act, shall be the same as in § 2 (1) and (7) of the Direct Payments-Commitments Act shall be applied further until 31 December 2015 at the latest. (2) Until the enactment of a regulation pursuant to § 8 (4), the following provisions shall apply. pursuant to Article 2 (2) in conjunction with Article 5 (1), first sentence, point 4 of the Direct payments-Commitments and in conjunction with § 5 (1) and (4) of the Direct Payments-Commitments of the Obligations Regulation to apply national legal provisions at the latest until 31 December 2015. (3) Insofar as § 6 (1) Sentence 2, also in conjunction with paragraph 6, shall be subject to a national legislation, paragraph 1 shall no longer apply in this respect. (4) In so far as a national law is enacted pursuant to Article 8 (4), paragraph 2 shall no longer apply. Unofficial table of contents

Section 11 Entry into force, external force

This Regulation shall enter into force on 1 January 2015. At the same time, the Direct Payments-Commitments Regulation of 4 November 2004 (BGBl. 2778), which was last amended by Article 1 of the Regulation of 3 January 2014 (BAnz AT 06.01.2014 V1), except for the force. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

Appendix 1 (to § 4)
List of substance families and groups of substances

List I List I shall comprise the individual substances of the substance families and groups listed below, with the exception of substances considered unsuitable for list I due to the low risk of toxicity, longevity or bioaccumulation Substances which are suitable for List II with regard to toxicity, longevity or bioaccumulation are to be treated as List II substances.
1.
Organic halogen compounds and substances which can form such compounds in water
2.
Organic phosphorus compounds
3.
Organotin compounds
4.
Substances which have carcinogenic, mutagenic or teratogenic effects in or through water 1
5.
Mercury and mercury compounds
6.
Cadmium and cadmium compounds
7.
Mineral oils and hydrocarbons
8.
Cyanides
List II List II shall comprise the individual substances and the categories of substances from the substance families and groups of substances listed below, which may have a harmful effect on the groundwater.
1.
The following metalloids and metals and their compounds:
a)
Zinc
b)
Copper
c)
Nickel
d)
Chrome
e)
Lead
f)
Selenium
g)
Arsenic
h)
Antimony
i)
Molybdenum
j)
Titanium
k)
Tin
l)
Barium
m)
Beryllium
n)
Boron
o)
Uran
p)
Vanadium
q)
Cobalt
r)
Thallium
s)
Tellurium
t)
Silver
2.
Biocides and compounds derived therefrom which are not included in List I;
3.
substances which have a detrimental effect on the taste and/or smell of the groundwater, as well as compounds which lead to the formation of such substances in the groundwater and which can render it unsuitable for human consumption;
4.
Toxic or durable organic silicon compounds and substances which may lead to the formation of such compounds in water, with the exception of those which are biologically harmless or which rapidly become biologically harmless in the water. convert;
5.
Inorganic phosphorus compounds and pure phosphorus;
6.
fluorides;
7.
Ammonia and nitrites.
1
Where certain substances from the list II have carcinogenic, mutagenic or teratogenic effects, they fall under category 4 of this list.
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Appendix 2 (to § 6 (1), third sentence, point 1, paragraphs 2 and 3)
Determination of potential erosion risk by water

Water erosion hazard class 1 2 3 Water-erosion risk-sensitive adhesive * S K * S * R K * S * R * L 1345
CCWasser1 0.3-< 0.55 15-< 27,5 30-< 55
CCWasser2 ≥ 0.55 ≥ 27.5 ≥ 55
1
Determination of potential (site-related) erosion risk by water in accordance with DIN 19708 (soil condition-Determination of the erosion risk of soils by water with the help of ABAG, DIN-Deutsches Institut für Normung e.V., February 2005). The DIN method is to be obtained from Beuth Verlag Berlin.
2
The regeneration factor R can optionally be used. It is in accordance with DIN 19708 Section 4.2 or Table C.1. to identify and apply area-specific.
3
The slope length factor L can optionally be used. It is to be determined and applied in accordance with DIN 19708 section 4.5 site-specific.
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Appendix 3 (to § 6 (1), second sentence, point 2 and paragraph 4)

Determination of the potential erosion risk due to wind The erosion hazard due to wind is to be determined in accordance with DIN 19706, soil condition-determination of the erosion risk of soils by wind. The graphic describes the determination of the erosion risk of a ground location by wind by means of a fundamental classification of this site according to DIN 19706 plus the addition of other factors, such as wind speed, drought, growing  (Vegetation) and wind obstacles. Winderosion hazard class * Winderosion hazard class according to DIN 19706 13
CCWind Enat5
*
Determination of potential (site-related) erosion risk by wind according to Table 3 or Table 8 of DIN 19706 (ground condition-Determination of the erosion risk of soils by wind, DIN-Deutsches Institut für Normung e.V., May 2004). The DIN method is to be obtained from Beuth Verlag Berlin.