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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Read the untranslated law here: http://www.gesetze-im-internet.de/agrarzahlverpflv/BJNR635700014.html

Regulation on compliance with basic requirements and standards in the context of Union legislation on agricultural payments (agricultural payments obligation regulation AgrarZahlVerpflV) AgrarZahlVerpflV Ausfertigung date: 17.12.2014 full quotation: "agricultural payments obligation regulation from 17 December 2014 (BAnz. (At 23.12.2014 v1), by article 2 of the Decree of the 10th July 2015 (BAnz. 2015 AT 13.07.2015 V1) has been changed "Note: change article 2 V v. 10.7.2015 BAnz AT 13.07.2015 V1 lyrics assigned to, edited documentary has not conclusively about the stand number you see in the menu see remarks footnote (+++ text detection from: 1.1.2015 +++) (+++ application cf. § 10 +++) input formula the Ministry of food and agriculture ordered aground - of § 4 paragraph 1 sentence 1 , in connection with paragraph 4, of the agricultural payments obligation Act from 2 December 2014 (BGBl. I S. 1928) in agreement with the Federal Ministry of finance and the Federal Ministry for environment, nature conservation, construction and reactor safety, - section 9a, sentence 1 and 15 sentence 1 of the market organisation act as amended by the notice of June 24, 2005 (BGBl. I S. 1847), by article 1 of the law of July 29, 2009 (BGBl. I S. 2314) have been changed , in conjunction with article 1(2) of the agricultural payments obligation law of December 2, 2014 (BGBl. I S. 1928) and with article 1(2) of the jurisdiction adjustment Act of 16 August 2002 (BGBl. I p. 3165) and the Organization Decree of 17 December 2013 (BGBl. I S. 4310) in agreement with the Federal Ministry of finance, the Ministry of economy and energy and the Federal Ministry for the environment , Nature conservation, construction and reactor safety: section 1 scope of application article 1 scope this regulation lays down 1 the requirements for the maintenance of land in good agricultural and environmental condition within the meaning of article 93 paragraph 1, in conjunction with annex II of to 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, which are 92 sentence 1 of the Regulation (EU) 1306/2013 (beneficiary) maintain no., by the beneficiary within the meaning of article, as well as 2 the details of control and sanctioning of the requirements and standards referred to in point 1, and article 93 paragraph 1 to 3 in conjunction with annex II of to Regulation (EU) No. of 1306/2013혼다 section 2 requirements to the maintenance of land in good agricultural and environmental condition of § 2 Creation of buffer zones along watercourses who cultivated agricultural areas along watercourses, has the requirements of § 3 paragraph 6 to the maintenance of good agricultural and environmental condition and 7, in connection with paragraph 8, note the minimum as far as relate the requirements on fertilisers containing essential nutrient nitrogen.

§ 3 who farmland watered compliance approval process for the use of water for irrigation or other irrigated, subject to permission or approval subject to water use within the meaning of article 9, paragraph 1 number 1 or 5 of the water resources Act in the case of a check for compliance with the obligations for the conservation of agricultural land in good agricultural and environmental condition to prove, that the permit or authorization exists.

Section 4 protection of groundwater against pollution (1) substances to list I of the annex 1 may in the framework of an agricultural activity not in the groundwater be brought or commenced.
(2) a person who manages substances according to list II of annex 1 in the ground water in the course of agricultural activities or brings, has to prove in the case of a check for compliance with the obligations for the conservation of agricultural land in good agricultural and environmental condition, that a permit according to § 8 in conjunction with article 9, paragraph 1 number 4 and is with article 48, paragraph 1, of the water resources Act.
(3) substances are to list I and list II of annex 1 in relation to an agricultural activity to handle so that an adverse change in the groundwater quality is not to get. The application of fertilisers and plant protection products in the framework of good practice and the legal regulations remains unaffected. The request pursuant to sentence 1 is usually met if complied with the requirements of paragraphs 4 to 7.
(4) mineral oil products, fuels, lubricants, and plant protection products must be stored in sealed containers. So to deal is with petroleum products, fuels, lubricants, and plant protection products and their respective residue are to eliminate that an adverse change in the groundwater quality is not to get. Sentence 2 shall apply accordingly for the removal of residual disinfectant baths for farm animals.
(5) as far as it is not a fixed installation in the sense of § 62 paragraph 1 sentence 3 of the water resources Act, solid dung allowed only on farmland and no longer than six months and just stored that can be no adverse change in the nature of groundwater through leakage seep juices to get. The place where the solid manure on agricultural land is stored, is to change every year.
(6) silage rents outside fixed installations are allowed only on farmland and only if an adverse change in the nature of groundwater through leakage seep juices is not to get.
(7) to the maintenance of good agricultural and environmental condition of water protection area regulations and regulatory decisions are also according to § 52 paragraph 1 to 3 of the water resources Act to comply, so far as they concern outside of fixed installations storing silage and solid manure.

Article 5 minimum requirements for land cover (1) arable land, the area used by the farmer in the interest of the environment within the meaning of article 46 paragraph 2 letter a, c, d or f of 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) is assigned in the current version, is to leave the greening of self or green, as far as no agricultural production takes place through a seeding or if only a grazing or cutting use is approved. In the case of article 46 paragraph 2 (c) of Regulation (EU) No. 1307/2013 is set 1 only insofar as around field edges in the sense of article 27 paragraph 2 of direct payments implementation regulation, that number 6 is no field Raine in the sense of article 8, paragraph 1. A break with the immediately following seeding is permitted for maintenance purposes or to meet commitments in the context of agri-environmental and climate measures outside the period referred to in paragraph 5. By way of derogation from sentence 2 a break is permitted, within the period referred to in paragraph 5 If the holder at the request of a commitment to the system of single or multi-year flowering areas within the framework of agri-environment and climate change is subject to and must comply with this obligation by seeding.
(2) pesticides must not be applied on the arable land referred to in paragraph 1.
(3) the obligations of paragraphs 1 and 2 end after 31 July of the application, from a sowing or planting, that does not lead to harvest before the end of this application year is prepared or carried out at the time. Differing rules of the Federal and State Governments in the field of nature protection or the water budget shall remain unaffected. Application is the year in which the relevant area as the area used in the environmental interest was sought.
(4) paragraphs 1 to 3 shall appropriate apply to lying fallow including disused farmland within the meaning of article 4 paragraph 1 letter f of Regulation (EU) No. 1307/2013, not as a surface used in the environmental interest by the farmer is expelled.
(5) in the period from April 1 to June 30 of the year for cutting or chopping of the generation on the surface in the sense of paragraphs 1 and 4 is prohibited. Sentence 1 applies also to permanent grassland plots, on which no production takes place.
(6) until February 15 of the year following the application year 1 catch crops and greening within the meaning of article 46. 2 paragraph 8(3)(i) of Regulation (EU) 1307/2013 in conjunction with § 18 paragraph 3 of the payments implementation Act and 2. autumn-sown crops or winter catch crops within the meaning of section 18, paragraph 4, of the direct payments implementation Act on the surface to keep no. The year-round and rolling, mallet or chopping the grass Untersaat or areas mentioned by intercropping on the in clause 1 is allowed. The State Governments can by regulation for certain areas, 1.
different earlier dates determine number 1 and 2 of the plant protection act to take into account weather features, 2. Special requirements for certain crops, 3. Special requirements of soil protection or 4. special needs of pest management in the sense of article 1 but before January 15 of the year following the application year.

§ 6 minimum practices of cultivation to limit erosion (1) are minimum requirements to limit erosion through measures ensuring that have to align themselves to the from the Division of agricultural land according to the degree of water or wind erosion risk (erosion risk) in accordance with a Decree pursuant to sentence 2 in conjunction with the paragraphs 2 to 4 requirements. Country Governments have by regulation according to § 4, paragraph 1, sentence 1 number 2 in conjunction with paragraph 4 sentence 1 of the agricultural payments commitment law to divide the agricultural land according to the degree of erosion risk. Pursuant to sentence 2, the requirements to apply the requirements of annex 3 of Appendix 2 and 2. with regard to the risk of erosion by wind are the Division 1 with regard to the erosion hazard of water. Under the Ordinance, the areas that belong to the erosion risk classes are described.
(2) arable land, which belongs to the water erosion risk class CCWasser1 within the meaning of annex 2 and not in a special funding programme for the erosion protection is involved, may not be plowed from December 1 until the end of February of 15. Ploughing is permitted only with a sowing before December 1 after the harvest of the rotation. In the case of a management across the slope sentences 1 and 2 are not applicable.
(3) an arable land, which belongs to the water erosion risk class CCWasser2 within the meaning of annex 2 and not in a special funding programme for the erosion protection is involved, may not be plowed from December 1 until the end of February of 15. The ploughing between February 16 and is allowed only when an immediately following sowing the expiration of November of 30. Deadline of the sowing is November 30. Plowing is forbidden prior to the sowing of crops with a row spacing of 45 cm and more (series culture).
(4) an arable land belongs to in the sense of annex 3 to the wind erosion risk class CCWind and which is not included in a specific funding programme for erosion protection, must be plowed only at sowing before March 1. Notwithstanding sentence 1, plowing, except for row crops, is allowed from March 1 only when an immediately following sowing. The prohibition of ploughing in row crops does not apply to 1 transverse to the prevailing wind direction before December 1st verges in the distance are sown by no more than 100 meters to each other and in a width of at least 2.5 metres, 2. in the case of the cultivation of crops in dams the dams across are applied to the prevailing wind direction or 3 immediately after plowing young plants are used.
(5) the authority competent under national law the provisions of paragraphs 2 to 4 can approve in individual cases rather than the requirements that manure is used to stabilise the structure.
(6) the provincial governments can set in the regulation referred to in paragraph 1 from paragraphs 2 to 4 different requirements as far as this is necessary to 1 in certain areas a) weather related features, b) special requirements of certain cultures or c) special needs of pest management in the sense of § 1 and 2 of the plant protection act to take into account no. No. 1 or 2. a proper check of the requirements of paragraphs 2 to 4 to ensure.

§ 7 maintenance of the percentage of organic matter in the soil stubble fields may not have burned out.

Article 8 no removal of landscape elements (1) elements of the landscape may not be repaired. Landscape elements within the meaning of sentence 1 are 1 hedges or Knicks: linear structural elements, which are covered mainly with trees and of up to 15 meters have a minimum length of 10 meters and an average width, with smaller dirt interruptions are harmless, 2 rows of trees: at least five linearly ordered, non-agricultural trees along a stretch of at least 50 meters length, 3 box shrubs: areas covered mostly with tree-like plants , which serve not the agricultural production with a size of at least 50 square meters of to not more than 2 000 square meters; Areas for which an aid for afforestation or a reforestation premium has been granted, are not considered field trees and shrubs, 4. wetlands with a size of more than 2 000 square meters: a) in habitats that are protected and covered over the biotope mapping according to § 30 paragraph 2 sentence 1 Nos. 1 and 2 of the federal nature conservation act or further national regulations, b) pond, Gopal, Sinkholes and c) other with letter of b similar wetlands , 5 individual trees: trees that are protected as monuments of nature within the meaning of section 28 of the federal nature conservation Act, 6 field Raine: mainly with grass - and herb-like plant-lined, narrow, elongated surfaces with a total width of more than two meters, that within or between agricultural land or adjacent to them and that no agricultural production takes place and 7 dry - stone walls: walls with earth or clay verfugten or not verfugten field or natural stones more than five metres in length , not part of a terrace number 10 are 8 reading stone wall: embankments of reading stones of more than five metres in length, 9 rock and stone and nature versteinte area with a size of more than 2 000 square meters, 10 terraces: of people using support materials, linear vertical structures in the agricultural landscape, which intended to equally reduce the slope of land.
(2) dry and stone walls in the sense of paragraph 1 the number 7, which at the same time, part of a terrace in the sense of paragraph 1 are number 10, may not be eliminated.
(3) section 39, paragraph 5, sentence 1 number 2 and set 2 to 4 of the federal nature conservation act in connection with the law of the country that supported accordingly applies 1 hedges or Knicks, 2. trees in rows of trees, 3. copses and 4 individual trees.
(4) the provincial governments can set in addition more elements of the landscape by decree to paragraph 1, sentence 1 may be eliminated within the meaning of paragraph 1, insofar as this is necessary to take account of regional specificities.
(5) with the Elimination of prohibition of paragraphs 1 and 2, also in conjunction with a regulation pursuant to paragraph 4, a duty of care is not connected.
Section 3 control and sanctions regulations section 9 control regulations (1) article 68 paragraph 1 paragraph 4 sentence 2 of the implementing Regulation (EU) No. 809 / 2014 of the Commission from 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 administration and control system, the measures for the development of rural areas and the cross-compliance (OJ L 227 of the 31.7.2014, p. 69) in the respectively valid version shall apply.
(2) the inspection report within the meaning of article 72 contains (1) of the implementing Regulation (EU) No. 809 / 2014 no findings, so it is not required to report under the conditions of laid down in article 72 paragraph 4 subparagraph 3 of the implementing Regulation (EU) No. 809 / 2014 to transmit.
Section 4 final provisions article 10 transitional provisions (1) until the adoption of a legal regulation according to § 6 paragraph 1 sentence 2, also in connection with paragraph 6, are on the basis of § 2 paragraph 1 sentence 2 in connection with article 5, paragraph 1, sentence 1 number 2 and paragraph 4 of the direct payments obligation law and according to the national rules adopted in connection with article 2, paragraph 1 and 7 of the direct payments obligation regulation continue to apply at the latest until the expiry of the 31 December 2015.
(2) until the adoption of a legal regulation according to § 8 paragraph 4 you are to apply paragraph 4 of the direct payments obligation law and according to the national rules adopted in connection with article 5, paragraph 1 and 4 of the direct payments obligation regulation at the latest until the expiry of the 31 December 2015 on the basis of § 2 paragraph 2 in conjunction with article 5, paragraph 1, sentence 1.
(3) as far as according to § 6 paragraph 1 sentence 2, also in connection with article 6, a national scheme is adopted, paragraph 1 is in this respect no longer apply.
(4) where a national scheme is adopted in accordance with article 8, paragraph 4, paragraph 2 is no longer to apply.

Article 11 entry into force, expiry this regulation enters into force on 1 January 2015. At the same time the direct payments obligation regulation of 4 November 2004 (BGBl. I S. 2778), most recently by article 1 of the Decree of 3 January 2014 (BAnz AT 06.01.2014 V1) has been changed is, override.

Concluding formula the Federal Council has approved.

Appendix 1 (to 4) list of families and groups of substances list I list I contains the individual substances of the following families and groups of substances, with the exception of substances which are considered unsuitable for the list I due to the low toxicity, longevity - or bio accumulation risk.
Substances which are suitable in terms of toxicity, bioaccumulation, or longevity for list II are as list II substances.
1. organohalogen compounds and substances, such water connections make can 2. organophosphorus compounds 3. organic tin compounds 4. substances, the in the or through water carcinogenic, mutagenic or teratogenic effect email1 5. mercury and mercury compounds 6 cadmium and its compounds 7 mineral oils and hydrocarbons 8 cyanide list II the list II includes the individual substances and the categories of material from the following families and groups of substances , can have a harmful effect on groundwater.
1.
Folgende Metalloide und Metalle und ihre Verbindungen:
a)
Zink
b)
Kupfer
c)
Nickel
d)
Chrom
e)
Blei
f)
Selen
g)
Arsen
h)
Antimon
i)
Molybdän
j)
Titan
k)
Zinn
l)
Barium
m)
Beryllium
n)
Bor
o)
Uran
p)
Vanadium
q)
Kobalt
r)
Thallium
s)
Tellur
t)
Silber
2.
Biozide und davon abgeleitete Verbindungen, die nicht in der Liste I enthalten sind;
3. substances which have a deleterious effect for the taste and/or smell of the groundwater, as well as connections that can lead and make it unfit for human consumption in groundwater to the formation of such substances
4. toxic or long-lasting organic silicon compounds and substances which may lead in the water the formation of such compounds with the exception of those which are biologically harmless or is the water quickly convert in into biologically harmless substances;
5. inorganic compounds of phosphorus and pure phosphorus;
6 fluoride;
7 ammonia and nitrites.
1 if certain substances from list II are carcinogenic, mutagenic or teratogenic effect, they fall under category 4 of this list.

Annex 2 (to section 6, paragraph 1, sentence 3 Nos. 1, 2 and 3) determination of the potential erosion risk due to water water erosion hazard class water erosion risk class K * S1 K * S * R2 K * S * R * L3 1 3 4 5 CCWasser1 0.3 -.