Law On The Implementation Of The Single Payment Scheme

Original Language Title: Gesetz zur Durchführung der einheitlichen Betriebsprämie

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Single payment law (single payment law enforcement act-BetrPrämpass.fG)

unofficial table of contents

BetrPrämthroughfG

date of departure: 21.07.2004

Full quote:

" Single payment enforcement act in the version of the announcement of the 26. November 2010 (BGBl. 1720), as defined by Article 2 (102) of the Law of 22. December 2011 (BGBl. I p. 3044) "

:Recaught by Bek. V v. 26.11.2010 I 1720;
as amended by Art. 2 para. 102 G v. 22.12.2011 I 3044

For details, see Notes

Footnote

(+ + + Text evidence from: 1.8.2004 + + +)
(+ + + Amcial). Note from the standard provider on EC law:
Implementation of the
EGV 1782/2003 (CELEX Nr: 32003R1782)
EGV 73/2009 (CELEX Nr: 32009R0073) see § 1 of this G + + +)

The G has been referred to as Article 1 d. G v. 21.7.2004 I 1763 of the Bundestag, with the majority of its members and with the approval of the Bundesrat, decided. It's gem. Article 9 of this Act entered into force on 1 August 2004. Non-official table of contents

§ 1 Scope of application

(1) This law is used to perform
1.
the rules on the introduction of a single farm payment scheme under Title III of the Council Regulation (EC) No 1782/2003 of 29 June 2003. September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ L 145, 31.5.2001, p. 1), as amended,
2.
the rules on the single farm payment referred to in Title III of Regulation (EC) No 73/2009 of the European Parliament and of the Council of the European Communities Council of 19 1 January 2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ L 284, 31.11.2003, p. 16), as amended, as well as
3.
adopted under the rules referred to in paragraph 1 or 2 and on the implementation of these rules Acts of the European Communities or of the European Union.
(2) This Act is a law within the meaning of Section 1 (2) (4) of the Law on the Organisation of the Market Organisation. Non-official table of contents

§ 2 Regional application of the single farm payment

(1) The single farm payment will be made from 1. 1 January 2005 shall be granted at regional level in accordance with the following provisions and the rules adopted for their implementation.(2) Each country shall form a region for the implementation of the rules on the single payment of the single farm payment. By way of derogation from the first sentence, the Länder of Brandenburg and Berlin, Lower Saxony and Bremen as well as Schleswig-Holstein and Hamburg form a region each.

Footnote

§ 2 idF d. G v. 21.7.2004 I 1763: compatible with GG (100-1). BVerfGE v. 14.10.2008 -1 BvF 4/05- Non-official table of contents

§ 2a (omitted)

unofficial table of contents

§ 3 National reserve and hardship cases

(1) To form the national reserve,
1.
the national upper limit referred to in Article 41 in conjunction with Annex VIII of Regulation (EC) No 1782/2003, In order to comply with Article 145 (i) in accordance with Article 145 (i) in conjunction with Article 62 of Regulation (EC) No 1782/2003, (adjusted national ceiling) and
2.
style="font-weight:normal; font-style:normal; text-decoration:none;"> each the amount to which the national ceiling referred to in Article 41 in conjunction with Annex VIII of Regulation (EC) No 1782/2003
a)
for the year 2006 compared to 2005 (first increase amount),
b)
for the year 2007 compared to 2006 (second increase amount),
c)
for the year 2008 compared to the Year 2007 (third increase amount),
d)
for the year 2009 as compared to 2008 (fourth increase amount) and
e)
for the year 2010 compared to 2009 (fifth increase)
increments byfrom the hundred.(1a) The sum of the amounts resulting from the reduction in the first sentence of Article 5 (4b) of the year 2008 shall be part of the national reserve.(2) The task of the national reserve is to apply reference amounts or payment entitlements to farmers in the cases provided for in or within the framework of Community or Union legislation, including those provided for in Article 5 of the Treaty. (6), including in conjunction with Section 5b (3), § 5c (2) or § 5d (2), to be able to fix the case. Non-official table of contents

§ 4 Breakdown of the upper limit to the regions

(1) The adjusted one by 1.0 by the hundred according to § 3, paragraph 1, number 1 the national ceiling shall be divided among the individual regions in accordance with the key provided for in Appendix 1 as the basis for the calculation of the reference amount in accordance with § 5 (regional ceilings). (2) The one of the A hundred abbreviated first increases will be equal to the sum of the amounts determined for the region in question
1.
the additional farm-specific milk amount according to § 5 paragraph 4, point 1,
2.
Individual tobacco amount in accordance with § 5 (4) (2) and
3
(3)
the individual sugar basic amount according to § 5 (4) (3)
of the individual regions divided.(3) The second, third and fourth increases, each of which is reduced by 1.0 per cent in accordance with Article 3 (1) (2) (b), (c) and (d), shall be equal to the sum of the first, second and third increases determined for the region concerned. additional individual sugar amounts in accordance with § 5 (4a) to the regions.(3a) The amount of the fifth increase in the number of additional individual tobacco amounts determined for the region in accordance with Article 3 (1) (2) (e) of the Hundred Abbreviations shall be calculated in accordance with Section 5 (4c) of the Regulation. divided.(3b) In 2008, each region shall be allocated an additional amount equal to the sum of the separate amounts determined for each region in accordance with Article 5 (4b). If the sum of the additional amounts by the first sentence is higher than the difference of EUR 5 693 330 000 and the sum of the additional amounts on the 31. The additional amount allocated for each region shall be reduced proportionately.(3c) The increase in the national ceiling, as set out in the second subparagraph of Article 40 (1) of Regulation (EC) No 73/2009, shall be applied to the regions in accordance with their needs for the allocation of payment entitlements to wine-growers in accordance with Annex IX. Section B of Regulation (EC) No 73/2009.(3d) In 2012, the sum of the amounts available to Germany pursuant to Article 64 in conjunction with Annex XII to Regulation (EC) No 73/2009 to be included in the single payment scheme (sixth increase), shall be set out in accordance with Annex 1a on the increase in payment entitlements to the regions.(4) The Federal Ministry of Food, Agriculture and Consumer Protection (Federal Ministry of Food, Agriculture and Consumer Protection) is authorized, by means of a regulation without the consent of the Federal Council, after consulting the competent supreme state authorities, in each case to apporate the To implement paragraphs 2, 3, 3a, 3b and 3c.

footnote

§ 4 (1) with Appendix 1 idF d. G v. 23.7.2004 I 1861: compatible with GG (100-1). BVerfGE v. 14.10.2008 -1 BvF 4/05- Non-official table of contents

§ 5 Determination of the reference amount of the single farm payment

(1) The reference amount of the , taking into account the requirements of Article 41 of Regulation (EC) No 1782/2003, for each farmer in application of Article 59 (1), in conjunction with paragraph 3 of Regulation (EC) No 1782/2003, a separate amount for farmers with orchards or reb or nursery schools (separate amount) from an individual amount and an area-related amount and with effect for the year 2008.(2) The individual amount shall be calculated for the year 2005 as follows:
1.
In accordance with the title In Chapter 2 of Regulation (EC) No 1782/2003, an amount shall be calculated for the following direct payments listed in Annex VI to Regulation (EC) No 1782/2003:
a)
beef with direct payments:
aa)
Special premium for male bovine animals,
bb)
suckler cow premium including payments for Heifers,
cc)
Calf slaughter premium and
dd)
Extensification premium of 50% of the total A hundred of the amount referred to in Annex VII (C) of Regulation (EC) No 1782/2003
b)
Sheepmeat and goatmeat,
c)
dried fodder and
d)
potato starch at 25 percent of the product listed in Annex VII (B) of the Commission Regulation (EC) No 1782/2003
2.
The amount calculated in accordance with point 1 shall be applied in application of Article 62 of Regulation (EC) No 1782/2003 the amount corresponding to the sum of the amounts of the milk premium referred to in Article 95 of Regulation (EC) No 1782/2003 (milk premium) and the additional payment referred to in Article 96 of Regulation (EC) No 1782/2003 (milk supplement) for each farmer .
3.
The sum of the amounts given in points 1 and 2 shall be reduced by 1.0 per hundred.
(3) The area-related amount shall be allocated to the Year 2005, by
1.
the sum of the individual amounts of the individual operations referred to in paragraph 2 for each region shall be deducted from the respective regional ceiling in accordance with Article 4 (1),
2.
the part of the regional ceiling referred to in Article 59 after the deduction referred to in point 1 The first subparagraph of paragraph 3 of Regulation (EC) No 1782/2003 shall be allocated to the areas referred to therein per hectare, with the area eligible for the area per hectare in each region, the area eligible for aid on the 15. The State Governments are authorized to make use of the value ratio provided for in Appendix 2 to the area per hectare per hectare for the other eligible land.
Regulation on the taking into account of specific regional circumstances, by way of derogation from point 2 of the first sentence, in conjunction with Appendix 2, to change the value ratio there by increasing or reducing the value for the permanent pasture by up to 0.15 . In the case of the second sentence of paragraph 2 (2), the authorization referred to in the second sentence may be used only if the same change in value for permanent pasture is made for each country in a region.(4) With effect for 2006, the following amounts shall be fixed:
1.
an additional Individual milk amount, calculated from the sum of EUR 50,15328 cut by the hundred of the milk premium and 49,99756 from the hundred of the milk supplement,
2.
an enterprise-specific amount of tobacco, from the one hundred percent reduced by the hundred in accordance with Title III, Chapter 2, in conjunction with Annex VI and VII (I) of the Regulation (EC) No 1782/2003, and
3.
an individual sugar base according to § 5a.
(4a) It will be style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
with effect for the year 2007 a first additional operational-individual Sugar amount,
2.
with effect for 2008, a second additional operating amount of sugar, and
3.
with effect for the year 2009 a third additional individual sugar amount
fixed. Each additional amount of sugar shall be obtained by multiplying the individual basic sugar base by a factor which is uniform for each year and fixed in accordance with the rate of sentence 3. The Federal Ministry is hereby authorized, by means of a regulation without the consent of the Federal Council, after consultation of the competent supreme state authorities, to set the relevant factor in accordance with sentence 2 in such a way that the factor referred to in point (K) of Annex VII to Regulation (EC) No 1782/2003 shall be complied with for the respective year, less a reduction of 1.0 per cent.(4b) The separate amount shall be calculated by multiplying the number of hectares resulting from the second sentence by an amount of EUR 50 and by reducing the resulting amount by 1 from the hundred. For the number of hectares referred to in the first sentence, the areas covered by the farmer shall be those of the 15. May 2007
1.
as fruit plantations or
2.
with reb or nursery cultures
have been used as permanent crops. As fruit plantations do not apply the areas planted with fruit, which are on 17. The use of such use for the determination of the area-related amount referred to in paragraph 3 was taken into account in May 2005.(4c) With effect for the year 2010, an additional amount of tobacco per year shall be set at 25 of the hundred of the amount referred to in paragraph 4, first sentence, point 2.Where a farmer has eligible areas within the meaning of Article 44 (2) of Regulation (EC) No 1782/2003 in several regions, separate reference amounts shall be paid to him for each region, taking into account the regional ceiling in question. shall be fixed. The amount of the individual contribution referred to in paragraph 2 shall be allocated on the basis of the shares of the eligible areas in the regions concerned throughout the eligible area, and paragraph 3 shall apply in respect of the area covered by the area.(6) A change in the fixing of a reference amount, including the amounts referred to in paragraphs 4, 4a, 4b and 4c, shall be effected exclusively in favour or at the expense of the national reserve and shall not be used in the calculations referred to in paragraphs 2 to 5.

Footnote

§ 5 para. 1 idF d. G v. 21.7.2004 I 1763: compatible with GG (100-1). BVerfGE v. 14.10.2008 -1 BvF 4/05- Non-official table of contents

§ 5a Determination of the company's individual sugar base amount

(1) The individual company The basic sugar amount consists of the sum of the sum of the
1.
referred to in paragraph 2 by the hundred. Sugar beet and
2.
according to paragraph 4 for Zichorien
.(2) For sugar beet, the amount referred to in paragraph 1 (1) shall be determined by the quantity of sugar, which is not taken into account in the context of the sugar quota of a sugar undertaking without taking into account
1.
the sugar quotas provided for in Article 8 of Council Regulation (EC) No 318/2006 of 20 June 2006. February 2006 on the common organisation of the markets in the sugar sector (OJ C 139, EU No 1) or
2.
a temporary quota reduction provided for in Article 44 of Regulation (EC) No 318/2006
, in an agreement between the sugar undertaking and the Holder not later than 30. The contract referred to in Article 6 of Regulation (EC) No 318/2006 for the marketing year 2006/2007 shall be multiplied by the compensatory amount fixed in accordance with the provisions of paragraph 3, multiplied by tonne of sugar. In cases where the farmer has concluded a contract for the supply of sugar beet (supply contract) with a marketer, who, under the conditions set out in the first sentence, has a contract for the marketing year 2006/2007 in accordance with Article 6 of Regulation (EC) No 318/2006 with the sugar undertaking, the quantity of sugar for the calculation referred to in the first sentence of sentence 1 shall be the quantity of sugar between the marketer and the farmer in the supply contract in accordance with the conditions laid down in sentence 1. on the basis of the In cases where the farmer has concluded a contract in accordance with Article 6 of Regulation (EC) No 318/2006 for the marketing year 2006/2007 with a Dutch sugar undertaking, the calculation referred to in the first sentence shall be used as the basis for the calculation of the contract. the quantity of sugar to be determined by multiplying the quantity of sugar determined by the polarimetric method defined in this Treaty by a factor of 0.875.The amount of the compensatory amount referred to in the first sentence of paragraph 2 per tonne of sugar shall be calculated by applying the amount referred to in point (K) of Annex VII to Regulation (EC) No 1782/2003 for the year 2006, minus the sum of the amounts resulting from the provisions of paragraph 4, by the The sum of the quantities of sugar to be used in accordance with the first sentence of paragraph 2, 2 and 3 shall be divided. The Federal Ministry is authorized to fix the compensatory amount by means of a regulation without the consent of the Federal Council after consultation with the competent supreme state authorities.(4) For cichories, the amount referred to in point 2 of paragraph 1 is obtained by the number of hectares of the area of a farmer for which he has a cultivation contract for the production year 2004 for the production of chicory with a company producing inuline syrup in the Within the framework of the Inulinsirup quotas allocated to this company with effect for the 2004/2005 marketing year, it has been multiplied by 360 euro per hectare. Non-official table of contents

§ 5b Starch Potato Increase for 2012

(1) Each payment entitlement for 2012 of a farmer who is responsible for the marketing year 2011/2012 shall conclude a cultivation contract in accordance with Article 78 of Regulation (EC) No 73/2009 with a potato starch-producing undertaking shall, on request, subject to the application of any one of the following: any reduction in payment entitlements provided for in Community or Union legislation, with effect only for the year 2012, by an increase in the amount of starch potatoes. The amount of the starch potato increase shall be determined by multiplying the quantity of starch determined in the contract referred to in the first sentence by the amount of EUR 66,32 per tonne and by the number of payment entitlements on which the farmer is responsible at the level of the 15. May 2012 is divided.(2) In cases of force majeure or exceptional circumstances, the preceding marketing year, which is not affected by the force majeure or the exceptional circumstances, shall be used on request instead of the marketing year 2011/2012.(3) § 5 (6) shall apply in respect of the increase in the amount of starch potatoes. unofficial table of contents

§ 5c one-year increase amount for 2012

(1) increases each payment entitlement in a region for the year 2012 , with effect only for the year 2012, subject to the application of a reduction in payment entitlements provided for in or within the framework of Community or Union legislation, by a one-year increase in the amount of the payment. The one-year increase shall be determined in which the sum of the amounts determined in accordance with § 5b (1) and (2) for the region in question shall be deducted from the share of the region concerned at the sixth increase and the resulting amount shall be deducted from the amount by the amount of the total amount of the total amount of the Number of payment entitlements in this region for the year 2012 is divided. For the calculation of the one-year increase amount, subsequent changes for the year 2012 will not be taken into account. The one-year increase amount is made known by the competent authority in the Federal Gazette.(2) § 5 (6) shall apply in accordance with the one-year increase in amount. Non-official table of contents

§ 5d Increase in payment entitlements from 2013

(1) Each payment entitlement in a region is increased for the year 2012 , with effect from 2013, subject to the application of a reduction in payment entitlements provided for in or within the framework of Community or Union legislation, by the amount of the amount of the payment of the payment of the Share of the region in question at the sixth increase by the number of all payment entitlements in this region for the year 2012 (regional increase). For the calculation of the regional increase value, subsequent changes for the year 2012 will not be taken into account. The regional increase value of a region is made known by the competent authority in the Federal Gazette. Section 6 (2) (2) shall apply mutas to the years following the year 2012.(2) § 5 (6) shall apply mutationally to the regional increase value. Non-official table of contents

§ 6 Adjustment of payment entitlements

(1) Any payment entitlement of an operator in a region for the year 2009 (Startwert)-without prejudice to § § 5b to 5d-up to and including the year 2013 (adaptation years) according to the calculation procedure specified in Appendix 3, to be equal to a uniform payment entitlement (regional target value) for each region. In calculating the adjustment of the payment entitlements, the starting value shall be increased from the year 2010 in order to increase the additional amount of tobacco in the individual operating conditions. The regional target value is the sum of the values of all payment entitlements of a region for the year 2009, increased by the sum of the additional values of the payment entitlements resulting from the calculation in accordance with Article 5 (4c), divided by the Sum of the payment entitlements of a region for the year 2009. For the calculation of the regional target value, subsequent changes for the year 2009 will not be taken into account.(2) In the event of the application of a reduction in payment entitlements, as provided for in or within the framework of Community or Union legislation, in a year following the year 2009
1.
the payment entitlements in the customization for each customization year and
2.
the respective regional target value
in the scope provided there.(3) If payment entitlements are set anew in the years 2010 to and including 2012, these payment entitlements shall be adjusted from the year of the redetermination in the same way as those already in the adjustment at the time of the realignment. Payment entitlements.

Footnote

§ 6 para. 1 with Appendix 3 idF d. G v. 23.7.2004 I 1861: compatible with GG (100-1). BVerfGE v. 14.10.2008 -1 BvF 4/05- Non-official table of contents

§ 6a Regional value

Starting in 2013, new payment entitlements will be equal to the sum of the to the reduced regional target value to be applied for the year 2013 in accordance with Section 6 (2) (2) and the reduced regional increase (regional value) to be applied for the year 2013 in the appropriate application of Section 6 (2) (2). The regional value of a region is made known by the competent authority in the Federal Gazette. For the years following the year 2013, Section 6 (2) (2) shall apply mutatily to the regional value. Non-official table of contents

§ 7 Processing and use of data

(1) The one for the implementation of the data set out in Annex VI to Regulation (EC) No 1782/2003 shall communicate to the competent authorities the data collected for the purposes of the implementation of the support schemes referred to in Annex VI to Regulation (EC) No 1782/2003, in each case for the purposes of the grant of the support schemes referred to in Annex VI to Regulation (EC) No 1782/2003 Law competent authorities, in so far as the data are required to determine the amounts in accordance with § 5. The authorities responsible for the implementation of this law may process and use the data transmitted in the course of their task performance for the purposes set out in the first sentence.(2) Each sugar undertaking shall divide up to 15. In July 2006, the competent authority of its registered office shall, separately for each farmer and for each marketer, be responsible for the quantity of sugar which is not taken into account in the sugar quota of the sugar undertaking concerned
1.
the sugar quotas referred to in Article 8 of Regulation (EC) No 318/2006 or
2.
a temporary quota reduction provided for in Article 44 of Regulation (EC) No 318/2006
in a contract provided for in Article 6 of Regulation (EC) No 318/2006 for the marketing year 2006/2007 with the farmer or the marketer, in order to determine the amounts in accordance with Article 5a (2), first sentence, in conjunction with paragraph 3. In the case of the second sentence of paragraph 5a (2), the first sentence shall apply mutatily to the marketer with regard to each farmer with whom the marketer has concluded a supply contract. The authorities shall share this information with regard to the holder in anonymized form, the Federal Ministry for the period up to 1. In order to verify compliance with the respective sugar quota and to permit the setting of the compensatory amount in accordance with Article 5a (3), the following year: In addition, paragraph 1 shall apply mutatily.(3) The competent authorities shall communicate to the Federal Ministry for the period up to 31 December 2008. August 2008, the sum of the separate amounts determined for each region in accordance with § 5 paragraph 4b. unofficial table of contents

asset 1 (to § 4 para. 1)

split the adjusted national upper limit on the regions

(site: BGBl. I 2010, 1726)Regional percentage of
of the adjusted national upper limit
Baden-Württemberg7,6017
Bayern 19, 6701
Brandenburg and Berlin7,2815
Hessen4,1374
Mecklenburg-Vorpommern 8,1409
Lower Saxony and Bremen15,3941
Nordrhein-Westfalen9,2730
Rheinland-Pfalz 3,1693
Saarland0,3723
Sachsen5,8367
Sachsen-Anhalt 7,4850
Schleswig-Holstein and Hamburg6,5504
Thüringen5,0876

footnote

§ 4 para. 1 with asset 1 idF d. G v. 23.7.2004 I 1861: compatible with GG (100-1). BVerfGE v. 14.10.2008 -1 BvF 4/05- unofficial table of contents

Appendix 1a (to § 4 paragraph 3d)
split-up of the sixth increase in amount to regions

(Fundstelle: BGBl. I 2010, 1726)RegionEuro
Baden-Württemberg 957 343,43
Bayern20 526 818,34
Brandenburg and Berlin7 103 006.71
Hessen244 515,68
Mecklenburg-Vorpommern4 992 381,30
Lower Saxony and Bremen36 902 062,24
Nordrhein-Westfalen439 254,16
Rheinland-Pfalz 625 139,96
Saarland2 872 893,59
Sachsen1 375 125,04
Sachsen-Anhalt 3 824 580,80
Schleswig-Holstein and Hamburg122 625,75
Thüringen945 252.98
unofficial Table of contents

Appendix 2 (to § 5 para. 3 no. 2)
The ratio of the value of the area per hectare eligible area to the 15. It was used as permanent pasture in May 2003, based on the value of the area per hectare per hectare for the other eligible areas.

(Fundstelle: BGBl. I 2010, 1727)RegionValue ratioOther eligible area permanent greenland
Baden-Württemberg 10,177
Bayern 10,296
Brandenburg and Berlin 10,254
Hessen 10,145
Mecklenburg-Vorpommern 10,194
Lower Saxony and Bremen 10,391
Nordrhein-Westfalen 10,392
Rhineland-Palatinate 10,175
Saarland 10,192
Sachsen 10,209
Sachsen-Anhalt 10,158
Schleswig-Holstein and Hamburg 10,262
Thüringen 10,180
name="BJNR176310004BJNE001004377 " />Non-Official Table of Contents

Appendix 3 (to § 6 para. 1)
Calculation method
to determine the value of the payment entitlements over time

(Fundstelle: BGBl. I 2010, 1727)

Calculation formula: Yt = Z + [xt * (S-Z)] where:
Yt:
Value of a Payment entitlement in the respective year of adjustment
S:
Starting value (value of the payment entitlement in 2009, increased from 2010 onwards by the additional operating-individual) Tobacco Amount)
Z:
Target value (value of the payment entitlement from the target year)
xt:
match factor for each customization year
The xt factor has the following values:
for the year 2009:
1,00
for 2010:
0,90
for the year 2011:
0, 70
for the year 2012:
0,40
from 2013:
0, 00

footnote

§ 6 para. 1 with asset 3 idF d. G v. 23.7.2004 I 1861: compatible with GG (100-1). BVerfGE v. 14.10.2008 -1 BvF 4/05-