Regulation On Compliance With Basic Requirements And Standards In The Context Of Union 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-Agri-Payment VerpflV)

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Agricultural Payment VerpflV

Date of Departure: 17.12.2014

Full Quote:

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

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

For further details, please visit the menu under notes

footnote

(+ + + text proof from: 1.1.2015 + + +)
(+ + + For application see § 10 + + +)

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input formula

The Federal Ministry of Food and Agriculture arranges for
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§ 4, paragraph 1, first sentence, also in conjunction with paragraph 4, of the Agricultural Payments Commitment Act 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,
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of § 9a sentence 1 and the § § 15, first sentence, of the Law on the Market Organisation, as amended by the 24. June 2005 (BGBl. I p. 1847), which is 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. I p. 1928) and § 1 (2) of the Act on Jurisdiction Adjustment of 16. August 2002 (BGBl. 3165) and the organisational 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 goverts
1.
the requirements for the preservation of areas in good agricultural and environmental condition within the meaning of Article 93 (1) in conjunction with Annex II of Regulation (EU) No. 1306/2013 of the European Parliament and of 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, to be complied with by the beneficiary within the meaning of the first sentence of Article 92 of Regulation (EU) No 1306/2013 (beneficiary), and
2.
the details of 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 of the Regulation (EU) No 1306/2013.

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

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§ 2 creation of buffer zones along watercourses

who cultivates agricultural land along watercourses, has the right to maintain the good the requirements of § 3 (6) and (7), in each case in conjunction with paragraph 8, of the Fertiliser Regulation, in so far as the requirements for fertilizers with a substantial nutrient content are met. Nitrogen. Non-official table of contents

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

Whether or not irrigated, has the right to use the water in accordance with Section 9 (1) (1) or (5) of the Water Resources Act in the event of a permit or permit subject to authorisation, in the event of a check in respect of compliance with the Obligations for the conservation of agricultural land in a good agricultural and environmental condition to prove that the permit or permit is available. Non-official table of contents

§ 4 Protection of groundwater against pollution

(1) Substances according to list I of Appendix 1 may be used within the framework of a Agricultural activity shall not be introduced or introduced into the groundwater.(2) Anyone who, in the course of his agricultural activity, initiates or introduces substances according to List II of Appendix 1 to the groundwater shall, in the event of a check on compliance with the obligations to conserve the agricultural products, shall: Proof of land in good agricultural and ecological condition is that a permit according to § 8 is available in conjunction with § 9 (1) (4) and § 48 (1) of the German Water Resources Act (Wasserhaushaltsgesetz).(3) Substances listed in List I and List II of Appendix 1 shall 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 shall normally be fulfilled 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 to the disposal of residues of disinfection baths for farm animals.(5) In so far as it is not a fixed installation within the meaning of Article 62 (1) sentence 3 of the Water Resources Act, the fixed term shall only be stored on agricultural land and not longer than six months and shall only be stored in such a way that no adverse effects on the use of the Change of the groundwater quality is to be obtained by escaping leachate juices. The place on which the solid mist is stored on agricultural land is to be changed annually.(6) Silage hire outside fixed installations shall be permitted only on agricultural land, and only if there is no need to obtain an adverse change in groundwater quality due to the leakage of leachate.(7) In order to maintain good agricultural and ecological status, the requirements of water protection regulations and administrative decisions pursuant to § 52 (1) to (3) of the Water Resources Act shall also be complied with, insofar as they are: Storage of silage and fixed-mist outside of fixed installations. Non-official table of contents

§ 5 Minimum requirements for land cover

(1) farmland that is used by the farmer as an environmental interest the area used 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 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) 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 is subject to and must comply with this obligation by means of new sowing.Plant protection products shall not be used on the arable land referred to in paragraph 1.(3) The obligations of paragraphs 1 and 2 shall end at the time after the 31. July of the application year from which a sowing or planting, which does not lead to the harvest before the end of the application year, is prepared or carried out. The provisions of the federal and state governments in the field of nature conservation or the water budget are not affected by this. Application year shall be the year in which the relevant area has been applied for as an area used in the environmental interest.(4) The provisions of paragraphs 1 to 3 shall apply mutatis-ly, including the set-aside of arable land within the meaning of Article 4 (1) (f) of Regulation (EU) No 1307/2013, which is not considered to be the area used in the environmental interest by the The farmer is designated.(5) In the period of 1. April to 30. The mowing or crushing of the growth on the surfaces referred to in paragraphs 1 and 4 shall be prohibited in June of a year. The first sentence shall also apply to permanent pasture land on which no production takes place.(6) Up to 15. February of the year following the application year shall be
1.
intermediate fruits and reasons referred to in Article 46 (2) (i) of Regulation (EU) No 1307/2013 in Connection with Section 18 (3) of the Direct Payments Act-Implementing Act and
2.
Winter crops or winter intermediate fruits within the meaning of § 18 (4) of the Direct Payments-Implementation Act
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 state governments can be governed by a legal regulation for certain areas in order to
1.
weather-related particularities,
2.
special requirements of certain cultures,
3.
special requirements of soil protection or
4.
Special requirements of plant protection within the meaning of Section 1 (1) and (2) of the Plant Protection Act
to be taken into account, different previous dates but not before the 15. January of the year following the application year. Non-official table of contents

§ 6 Minimum practices of soil cultivation to limit erosion

(1) Minimum requirements to limit erosion shall be ensured by means of measures relating to the classification of agricultural land according to the degree of risk of water or wind erosion (risk of erosion) in accordance with the provisions of a Regulation as set out in the second sentence of the second subparagraph, in conjunction with the The provisions of paragraphs 2 to 4 shall have to be met. 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 allocate agricultural land according to the degree of risk of erosion. The classification in accordance with the second sentence is
1.
with regard to the risk of erosion by water, the requirements of Appendix 2 and
2.
based on the risk of erosion caused by wind, the requirements of Appendix 3
. In the regulation, the areas belonging to the erosion hazard classes are to be described.(2) A field of arable land belonging to the CCWasser1 water erosion hazard class within the meaning of Appendix 2 and not included in a specific support measure for erosion protection may be taken from 1 January 2008. 1 December to the end of the 15th February will not be ploughed. The ploughing after harvesting the pre-crop is only in the case of a sowing before the 1. December. In the case of a management transverse to the slope, the sentences 1 and 2 shall not be applied.(3) A field of arable land belonging to the CCWasser2 water erosion hazard class within the meaning of Appendix 2 and not included in a specific support measure for erosion protection may be taken from 1. 1 December to the end of the 15th February will not be ploughed. The ploughing between the 16. February and the end of the 30. November is only allowed in the case of immediately following sowing. The latest date of sowing is the 30. November. The ploughing is forbidden before the sowing of cultures with a row spacing of 45 centimetres and more (rice culture).(4) A field of arable land belonging to the hazard class CCWind for the purposes of Appendix 3 and which is not included in a specific support measure for erosion protection may only be used in the case of sowing before 1. They are being ploughed in March. By way of derogation from the first sentence, the ploughing shall, except in the case of rice crops, be as from 1. Only one immediately following sowing shall be permitted in March. The ban on plouging in the case of rice crops does not apply to the extent
1.
transverse to the main wind direction before 1. 2.
2.
In the case of the cultivation of the green strip, green strips shall be sown at a distance of not more than 100 metres from each other and in a width of at least 2.5 metres,
2.
Cultures in dams the dams are applied crosswise to the main wind direction, or
3.
immediately after ploughing young plants are placed.
(5) The according to national law competent authority may, on a case-by-case basis, authorise, instead of the requirements set out in paragraphs 2 to 4, that stable mist is used for the stabilisation of the structure.(6) The national governments may, in accordance with paragraph 1 of paragraphs 2 to 4, set different requirements in the legal regulation referred to in paragraph 1, to the extent that this is necessary in order to
1.
in
a)
Special requirements for weathering,
b)
Special requirements certain crops or
c)
Special requirements of plant protection as defined in Section 1 (1) and (2) of the Plant Protection Act
or
2.
to ensure proper control of the requirements of paragraphs 2 to 4.
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§ 7 Preservation of organic matter percentage in the ground

Do not burn out stubble fields. Unofficial table of contents

§ 8 No removal of landscape items

(1) Landscape items must not be removed. Landscape elements within the meaning of the first sentence are
1.
Hecken or Knicks: linear structural elements, which are predominantly covered with trees and have a minimum length of 10. Meters, as well as an average width of up to 15 meters, with minor unfastened interruptions being harmless,
2.
Tree series: at least five linear Non-agriculturally used trees along a distance of at least 50 metres in length,
3.
Field trees: predominantly with oillike plants farmland 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 has been granted for afforestation or a afforestation premium, do not apply as field trees,
4.
Wetlands with a maximum size of 2 000 square meters:
a)
in biotopes, which are protected in accordance with § 30 paragraph 2 sentence 1 (1) and 2 of the Federal Nature Protection Act (Bundesnaturschutzgesetz) or further national regulations and are covered by the biotopo mapping
b)
Plot, Sölle, Dolinen, and
c)
Other with letter b Wetlands
5.
Single trees: trees protected as natural monuments within the meaning of Section 28 of the Federal Nature Conservation Act
6.
Feldraine: predominantly with grass-and herb-like plants, narrow, long-stretched areas with a total width of more than two meters, which are within or between
7.
Dry And Natural Stone Walls: walls of agricultural land, or on which agricultural production does not take place,
7.
Field or natural stones of more than five metres in length with earth or clay or unfilled, which are not part of a terrace according to point 10,
8.
Lesesteinwälle: Read more than five meters in length,
9.
Fels-and Steinriegel , 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 intended to reduce the slope of farmland.
(2) Dry and natural stone walls as defined in paragraph 1 (7), which are also part of a terrace within the meaning of paragraph 1. Paragraph 1 (10) shall not be removed.(3) § 39 (5) sentence 1 (2) and (2) to (4) of the Federal Nature Protection Act (Bundesnaturschutzgesetz) in conjunction with the national law based on it shall apply accordingly to
1.
Hecken 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 additional landscape elements that do not apply within the meaning of the first sentence of paragraph 1. shall be removed, where necessary, in order to take account of specific regional circumstances.(5) The prohibition of disposal of paragraphs 1 and 2, including in conjunction with a legal regulation as referred to in paragraph 4, does not involve a care obligation.

Section 3
Control-and Sanction rules

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§ 9 Control rules

(1) Article 68, paragraph 1, subparagraph 4, sentence 2 of the Implementing Regulation (EU) No 809/2014 of the Commission of 17 May 2014 July 2014 laying down detailed rules for the implementation of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the integrated administration and control system, rural development measures and cross-compliance 1. 69), as amended, is to be applied.(2) Where the control report within the meaning of Article 72 (1) of the Implementing Regulation (EU) No 809/2014 does not contain any findings, it shall not be required to submit the report under the conditions laid down in the third subparagraph of Article 72 (4) of the Implementing Regulation (EC) No 809/2014. Implementing Regulation (EU) No 809/2014.

Section 4
Final Provisions

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§ 10 Transitional rules

(1) Until the enactment of a legal regulation pursuant to § 6, paragraph 1, sentence 2, also in conjunction with paragraph 6, are those based on § 2 paragraph 1 Sentence 2 in conjunction with § 5 (1) sentence 1 (2) and (4) of the Direct Payments-Commitments Act and in conjunction with § 2 (1) and (7) of the Direct Payments-Commitments Act, on the expiry of the 31. Continue to be applied in December 2015.(2) Until the enactment of a regulation pursuant to § 8 (4), the obligations under Article 2 (2) in conjunction with Article 5 (1), first sentence, point 4 of the Direct Payments Act and in conjunction with § 5 (1) and (4) of the Direct payments-Commitments of the national law adopted by the Member States at the latest until the end of the 31. December 2015.(3) In so far as a national law is adopted pursuant to Article 6 (1) sentence 2, including in conjunction with paragraph 6, the provisions of paragraph 1 shall no longer apply.(4) In so far as a national law is adopted in accordance with Article 8 (4), the provisions of paragraph 2 shall no longer apply. Non-official table of contents

§ 11 Entry into force, override

This regulation occurs on the 1. January 2015 will be in force. At the same time, the Direct Payments-Commitments Regulation of 4. November 2004 (BGBl. 2778), as last amended by Article 1 of the Regulation of 3 June 2008. January 2014 (BAnz AT 06.01.2014 V1) has been amended, except for force. Non-official table of contents

Final formula

The Bundesrat has agreed. Non-official table of contents

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

List IThe list I includes the individual substances of the the substance families and groups listed below, with the exception of substances considered unsuitable for List I due to low risk of toxicity, longevity or bioaccumulation. Substances that are considered to be toxic, Durability or bioaccumulation for list II are suitable for use as List II substances.
1.
Organic halogen compounds and substances in water such connections can form
2.
Organic phosphorus compounds
3.
Organic phosphorous compounds.
Organic phosphorous compounds
Tin compounds
4.
substances which have carcinogenic, mutagenic or teratogenic effects in or through water 1
5.
Mercury and Mercury Connections
6.
Cadmium and Cadmium Connections
7.
Mineral oils and hydrocarbons
8.
Cyanide
List IIThe list II contains the individual substances and the categories of substances from the following substance families and groups of substances, which have a harmful effect on the groundwater can have.
1.
The following metalloids and metals and their compounds:
a)
zinc
b)
copper
c)
Nickel
d)
chrome
e)
lead
f)
selenium
g)
Arsen
h)
antimony
i)
molybdenum
j)
titanium
k)
tin
l)
barium
m)
beryllium
n)
Bor
o)
Uran
p)
Vanadium
q)
cobalt
r)
thallium
s)
Tellur
t)
silver
2.
Biocides and derived compounds that are not included in list I;
3.
Substances that are 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 that can lead in water to form such compounds, with the exception of those that are biologically harmless or rapidly convert into biologically harmless substances in the water;
5.
inorganic phosphorus compounds and pure phosphorous;
6.
Fluoride;
7.
ammonia and nitrites.
1
If certain substances from List II have carcinogenic, mutagenic or teratogenic effects, they fall under category 4 of this list.
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Appendix 2 (to § 6 paragraph 1 sentence 3 number 1, paragraphs 2 and 3)
determination of potential erosion hazard by water

Water erosion hazard class Water-erosion hazard class K * S 1 K * S * R 2 K * S * R * L 31345
CCWasser1 0, 3-< 0.55 15-< 27,5 30-< 55
CCWasser2 ≥ 0.55 ≥ 27,5 ≥ 55
1
Determination of the potential (site-related) erosion risk by water in Based on 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
Hanglength factor L can optionally be used . It is to be determined and applied site-specific in accordance with DIN 19708 Section 4.5.
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Appendix 3 (to § 6, paragraph 1, sentence 2) Point 2 and paragraph 4)

Determination of the potential risk of erosion by wind The erosion risk caused by wind is determined in accordance with DIN 19706, soil condition-determination of the erosion risk of soils by wind. src="http://www.laws-im-internet.de/normengrafiken/banz_2014/j3511-1_0010.jpg " alt="The graphic describes the determination of the erosion risk of a ground site by wind by means of a fundamental classification of this site according to DIN 19706 plus additional factors such as wind speed, dryness, vegetation (vegetation) and wind obstacles. " /> Winderosionshazard class Winderosion hazard class according to DIN 19706 *13
CCWindEnat5
*
Determination of potential (site-related) erosion risk due to 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.