Law implementing the Single Farm Payment (Single Payment Act-BetrPrämthroughfG)

Unofficial table of contents

BetrPrämthroughfG

Date of completion: 21.07.2004

Full quote:

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

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

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.8.2004 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EGV 1782/2003 (CELEX Nr: 32003R1782) 
 EGV 73/2009 (CELEX Nr: 32009R0073)  § 1 of this G + + +) 

  

The G was 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. Unofficial table of contents

§ 1 Scope

(1) This Act shall be used for the implementation of

1.

the provisions relating to the introduction of a single payment scheme in accordance with Title III of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing common rules for the implementation of the single payment scheme , 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.

of the single farm payment rules referred to in Title III of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for Holder of agricultural holdings 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, 31.10.2007, p. 16), as amended, and

3.

of acts of the European Communities or of the European Union adopted within the framework of the provisions referred to in paragraph 1 or 2 and in respect of their implementation.

(2) This Act is a law within the meaning of Section 1 (2) (4) of the Market Organisation Act. Unofficial table of contents

§ 2 Regional application of the single farm payment

(1) The single payment shall be granted on a regional basis from 1 January 2005 in accordance with the following provisions and the rules adopted for their implementation. (2) For the implementation of the rules on the uniform Each country is a region of a 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 one 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- Unofficial table of contents

§ 2a (omitted)

Unofficial table of contents

§ 3 National reserve and hardship cases

(1) In order to form the national reserve,

1.

the national ceiling referred to in Article 41 in conjunction with Annex VIII to Regulation (EC) No 1782/2003, reduced by the amount referred to in Article 2a, with effect for the year 2005, in accordance with Article 145 (i) in conjunction with Article 62 of Regulation (EC) No 1782/2003, (adjusted national ceiling), and

2.

in each case the amount by 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 as compared to 2005 (first increase),

b)

for the year 2007 compared with 2006 (second increase),

c)

for 2008, compared with 2007 (third increase),

d)

for the year 2009 as compared to 2008 (fourth increase) and

e)

for the year 2010 as compared to 2009 (fifth increase)

increased,

by 1.0 per hundred. (1a) The sum of the amounts resulting from the reduction in the first sentence of § 5 (4b) of the year 2008 shall become part of the national reserve. (2) The task of the national reserve shall be that of reference amounts or payment entitlements for: farmers in the cases provided for in or within the framework of Community or European Union legislation, including those arising from § 5 (6), also in conjunction with Section 5b (3), Article 5c (2) or § 5d (2), in the case of such cases. Unofficial table of contents

Section 4 Breakdown of the ceiling to the regions

(1) The adjusted national ceiling, abbreviated by the hundred abbreviated as per § 3, paragraph 1, point 1, 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 first increase of 1.0 of the hundred abbreviated as referred to in Article 3 (1) (2) (a) shall be equal to the sum of the amounts determined for the region in question.

1.

the additional amount of milk to be individually adjusted in accordance with Article 5 (4) (1),

2.

the amount of tobacco specific to the individual in accordance with Article 5 (4) (2) and

3.

the basic amount of sugar in accordance with § 5 (4) (3)

to the regions. (3) The second, third and fourth increases, each of which has been shortened in accordance with Article 3 (1) (2) (b), (c) and (d) by 1.0 per hundred, shall be equal to the sum of the first, determined for each region, (3a) The fifth increase in the amount of sugar, abbreviated in accordance with Article 3 (1) (2) (e) by 1.0 of the hundred, shall be equal to the amount of the increase in the amount of the amount of sugar, which is to be paid by the Region determined sum of the additional individual tobacco amounts according to § 5 (4c) (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 payment entitlements allocated on 31 December 2007, the additional amount shall be reduced proportionately for each region. (3c) in accordance with the second subparagraph of Article 40 (1) of Regulation (EC) No 73/2009, the national ceiling shall be increased to the regions in accordance with their needs on the basis of 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 shall be: the Germany referred to in Article 64, in conjunction with Annex XII to Regulation (EC) No 73/2009, is available for inclusion in the single payment scheme (sixth increase), in accordance with Annex 1a to the increase in payment entitlements to the (4) The Federal Ministry of Food, Agriculture and Consumer Protection (Federal Ministry for Food, Agriculture and Consumer Protection) is authorized, by means of a regulation without the consent of the Federal Council, after consultation with the competent supreme state authorities, the following: To be divided in accordance with 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- Unofficial table of contents

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

(1) The reference amount of the single payment shall, taking into account the requirements of Article 41 of Regulation (EC) No 1782/2003, be applied to each farmer in application of Article 59 (1) in conjunction with paragraph 3 of the Regulation (EC) No 1782/2003, consisting of an individual amount and an area-related amount, and with effect for 2008, a separate amount for farmers with orchards or reb or nurseries (separate amount) (2) The amount of the individual shall be calculated for the year 2005 as follows:

1.

In accordance with Chapter 2 of Title III 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 and veal with direct payments:

aa)

Special premium for male bovine animals,

bb)

the suckler cow premium, including the payments for heifers,

cc)

Slaughter premium for calves and

dd)

Extensification premium of 50 per cent of the amount resulting from Annex VII (C) of Regulation (EC) No 1782/2003;

b)

Sheepmeat and goatmeat,

c)

dried fodder and

d)

Potato starch of 25 per cent of the amount resulting from Annex VII (B) of Regulation (EC) No 1782/2003.

2.

For the amount calculated in accordance with point 1, 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 shall be the amount calculated in accordance with Article 62 of Regulation (EC) No 1782/2003 pursuant to Article 96 of Regulation (EC) No 1782/2003 (Milk Supplement Payment) for each farmer, to be added.

3.

The sum of the amounts referred to in points 1 and 2 shall be reduced by 1.0 per hundred.

(3) The area-related amount shall be calculated for the year 2005, by:

1.

the sum of the amounts of the individual amounts 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 the first subparagraph of Article 59 (3) of Regulation (EC) No 1782/2003, which remains after the deduction referred to in point 1, shall be divided into the areas referred to therein per hectare, in each region for area-related Amount per hectare of eligible area, which was used on 15 May 2003 as permanent pasture, the value ratio provided for in Appendix 2 to the area per hectare for the other eligible land.

By way of a regulation to take into account specific regional circumstances, the State Governments shall be empowered to amend the value ratio in question by way of derogation from the second sentence of the first paragraph of paragraph 2, in conjunction with Annex 2, by the value of the Permanent pasture is increased or decreased by up to 0.15. In the case of the second sentence of Article 2 (2), the authorization referred to in the second sentence may be used only if the same change in the value of permanent pasture is made for each country in a region. (4) The following amounts shall be paid for the year 2006 set out:

1.

an additional amount of milk, calculated from the sum of EUR 50,15328 of the hundred of the milk premium and 49,99756 of the hundred of the milk supplement, which is calculated by the hundred of the hundred.

2.

an individual amount of tobacco which is calculated from the amount determined by 1.0% of the hundred abbreviated in accordance with Chapter 2 of Title III in conjunction with Annex VI and VII (I) of Regulation (EC) No 1782/2003; and

3.

an individual sugar basic amount according to § 5a.

(4a)

1.

, with effect for 2007, a first additional amount of sugar for each individual operating-specific amount,

2.

, with effect for 2008, a second additional amount of sugar in operation, and

3.

With effect for 2009, a third additional individual sugar amount

set. 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) (4b) The separate amount shall be calculated by calculating the number of hectares resulting from the second sentence, with an amount of 50 euro. and the resulting amount will be reduced by one hundred. For the number of hectares referred to in the first sentence, the areas covered by the farmer on 15 May 2007 shall be those of the farmer.

1.

as orchards, or

2.

with reb or nursery cultures

have been used as permanent crops. The fruit plantations do not apply to the areas planted with fruit which, on 17 May 2005, were eligible for the calculation of the area-related amount referred to in paragraph 3. (4c) With effect for the year 2010, an additional (5) Where a farmer has eligible areas within the meaning of Article 44 (2) of Regulation (EC) No 1782/2003 in a number of cases, Regions, for each region, separate reference amounts shall be charged to the regions, taking into account the the respective regional ceiling. 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; the area-related amount shall be referred to in paragraph 3. (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 be used in the calculations referred to in the paragraphs 2 to 5 not taken into account.

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- Unofficial table of contents

Section 5a Determination of the individual sugar base amount

(1) The basic sugar base amount shall consist of the sum of the sum of the hundred of the total number of the

1.

referred to in paragraph 2 for sugar beet and

2.

in accordance with paragraph 4, for chicory

(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 sugar quota of a sugar undertaking,

1.

of the sugar quotas referred to in Article 8 of Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (OJ L 378, 27.12.2006, p. EU No L 58 p. 1) or

2.

a temporary quota reduction pursuant to Article 44 of Regulation (EC) No 318/2006

in a contract concluded between the sugar undertaking and the farmer by 30 June 2006 at the latest, in accordance with Article 6 of Regulation (EC) No 318/2006 for the marketing year 2006/2007, by means of which, in accordance with the provisions of paragraph 3, shall be multiplied per 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 provisions of sentence 1. on the basis of 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. by multiplying the quantity of sugar determined by the polarimetric method in accordance with the polarimetric method by a factor of 0.875. (3) The compensatory amount referred to in the first sentence of paragraph 2 shall be the sum of the sugar quantity, by the amount referred to in point (K) of Annex VII to Regulation (EC) No 1782/2003 for the year In 2006, the sum of the amounts referred to in paragraph 4 shall be divided by the sum of the quantities of sugar to be used in accordance with the first sentence of paragraph 2, the second sentence and the third sentence of paragraph 2. 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 national authorities. (4) For cichories, the amount referred to in paragraph 1 (2) shall be calculated by: the number of hectares in the area of a farmer for which he has a cultivation contract for the production year 2004 for the production of cichories with an undertaking producing inulin syrup within the framework of that undertaking with effect for the marketing year Inulin syrup quotas allocated in 2004/2005, with 360 euro per hectare multiplied. Unofficial table of contents

Section 5b Starch potato increase for the year 2012

(1) Any payment entitlement for 2012 of a farmer who closes a cultivation contract under Article 78 of Regulation (EC) No 73/2009 with a potato starch-producing company for the 2011/2012 marketing year shall, on request, be entitled to: , subject to the application of a reduction in payment entitlements provided for in or within the framework of Community or Union legislation, an increase of a starch potato increase only for the year 2012. 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 (2) In cases of force majeure or exceptional circumstances, application instead of the 2011/2012 marketing year shall be subject to the preceding marketing year, which shall not be affected by the force majeure or the exceptional circumstances. (3) § 5 (6) shall apply to the Increase in potato starch accordingly. Unofficial table of contents

§ 5c A year of increase for the year 2012

(1) Any entitlement to payment in a region for the year 2012 shall be increased with effect only for the year 2012, subject to the application of any of the provisions of the Community law or of the rules of the Union or of the European Union Reduction of the payment entitlements-by a one-year increase. The one-year increase shall be determined in which the sum of the amounts determined in accordance with § 5b (1) and (2) for each region shall be deducted from the share of the region in question at the sixth increase and the resulting amount shall be determined by: 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 (Bundesanzeiger). (2) § 5 (6) applies accordingly for the one-year increase amount. Unofficial table of contents

§ 5d Increase in payment entitlements from 2013

(1) Any entitlement to payment in a region for the year 2012 shall be increased with effect from 2013, subject to the application of a reduction provided for in or within the framework of Community or European Union legislation the payment entitlements-by the amount resulting from the division of the share of the region in question at the sixth increase by the number of all payment entitlements in that 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. For the years following the year 2012, Section 6 (2) (2) shall apply accordingly. (2) § 5 (6) shall apply mutationally to the regional increase value. Unofficial table of contents

Section 6 Adaptation of payment entitlements

(1) Each payment entitlement of a farmer in a region for the year 2009 (starting value) is, without prejudice to § § 5b to 5d-up to and including the year 2013 (adaptation years), in accordance with the calculation procedure specified in Appendix 3 to one for: to align each region with a single payment entitlement (regional target value). 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 the 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 2009 will not be taken into account. (2) In the case of the application of a measure provided for in or within the framework of the Community or European Union legislation Reduction of the payment entitlements in a year following the year 2009

1.

the payment entitlements in the adjustment for each adjustment year, and

2.

the respective regional target value

(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 as already in force at the date of the re-establishment of payment entitlements in the the adjustment of 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- Unofficial table of contents

§ 6a Regional Value

From 2013 onwards, new payment entitlements shall be equal to the sum of the reduced regional target value-in accordance with Section 6 (2) (2) for the year 2013-and the corresponding application of Section 6 (2) (2) for the year 2013. the abbreviated regional increase (regional value) to be applied. 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. Unofficial table of contents

§ 7 Processing and use of data

The competent authorities responsible for the implementation of the support schemes referred to in Annex VI to Regulation (EC) No 1782/2003 shall transmit the support schemes for each of them for the purpose of granting the support schemes set out in Annex VI to Regulation (EC) No 1782/2003. the data referred to above shall be the competent authorities responsible for the implementation of this law, in so far as the data are necessary to determine the amounts in accordance with § 5. The authorities responsible for the implementation of this law may process and use the data transmitted for the purposes set out in the first sentence, as part of the performance of their duties. (2) Each sugar undertaking shall, until 15 July 2006, share the information provided for its purpose. The competent authority shall be established separately for each farmer and for each marketer the quantity of sugar which is not taken into account under 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 pursuant to 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 referred to in 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 any farmer with whom the marketer has concluded a supply contract. The authorities shall communicate this information with regard to the holder in an anonymized form, to the Federal Ministry by 1 August 2006, in order to verify compliance with the respective sugar quota and to determine the amount of the compensation in accordance with § 5a Paragraph 3 shall be made possible. In addition, paragraph 1 shall apply. (3) The competent authorities shall transmit to the Federal Ministry by 31 August 2008 the sum of the separate amounts determined for each region in accordance with § 5 paragraph 4b. Unofficial table of contents

Appendix 1 (to § 4 (1))

Allocation of the adjusted national ceiling to the regions

(Fundstelle: BGBl. I 2010, 1726)
Region% in% the adjusted national ceiling

Baden-Württemberg	7,6017
Bavaria	19,6701
Brandenburg and Berlin	7,2815
Hesse	4,1374
Mecklenburg-Vorpommern	8,1409
Lower Saxony and Bremen	15,3941
North Rhine-Westphalia	9,2730
Rhineland-Palatinate	3,1693
Saarland	0.3723
Saxony	5,8367
Saxony-Anhalt	7,4850
Schleswig-Holstein and Hamburg	6,5504
Thuringia	5,0876

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- Unofficial table of contents

Appendix 1a (to § 4 paragraph 3d)
Breakdown of the sixth increase in the regions

(Fundstelle: BGBl. I 2010, 1726) Region Euro

Baden-Württemberg	957 343,43
Bavaria	20 526 818,34
Brandenburg and Berlin	7 103 006,71
Hesse	244 515,68
Mecklenburg-Vorpommern	4 992 381,30
Lower Saxony and Bremen	36 902 062,24
North Rhine-Westphalia	439 254,16
Rhineland-Palatinate	625 139,96
Saarland	2 872 893,59
Saxony	1 375 125,04
Saxony-Anhalt	3 824 580,80
Schleswig-Holstein and Hamburg	122 625,75
Thuringia	945 252,98

Unofficial table of contents

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

(Fundstelle: BGBl. I 2010, 1727) Region Value Ratio other eligible area permanent pasture

Baden-Württemberg	1	0.177
Bavaria	1	0.296
Brandenburg and Berlin	1	0.254
Hesse	1	0.145
Mecklenburg-Vorpommern	1	0.194
Lower Saxony and Bremen	1	0.391
North Rhine-Westphalia	1	0.392
Rhineland-Palatinate	1	0.175
Saarland	1	0.192
Saxony	1	0.209
Saxony-Anhalt	1	0.158
Schleswig-Holstein and Hamburg	1	0.262
Thuringia	1	0.180

Unofficial table of contents

Appendix 3 (to § 6 para. 1)
Calculation procedure
for the determination of the value of 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 adjustment year

S:

Starting value (the value of the payment entitlement in 2009, increased from 2010 by the additional amount of the individual amount of tobacco)

Z:

Target value (the value of the payment entitlement from the target year)

xt:

Adjustment factor for each year of adjustment

The xt factor has the following values:

for the year 2009:

1.00

for the year 2010:

0.90

for the year 2011:

0.70

for the year 2012:

0.40

from the year 2013:

0.00

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-