Law On The Implementation Of The Single Payment Scheme

Original Language Title: Gesetz zur Durchführung der einheitlichen Betriebsprämie

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Read the untranslated law here: http://www.gesetze-im-internet.de/betrpr_mdurchfg/BJNR176310004.html

Law on the implementation of the single payment scheme (operation premium implementation Act - BetrPrämDurchfG) BetrPrämDurchfG Ausfertigung date: 21.07.2004 full quotation: "operating premium implementation Act in the version of the notice dated 26 November 2010 (BGBl. I S. 1720), by article 2 paragraph 102 of the law of December 22, 2011 (BGBl. I S. 3044) is changed" stand: Neugefasst by BEK. V v. 26.11.2010 I in 1720;
 
as amended by article 2 para 102 G v. 22nd December 2011 3044 for details on the stand number you find in the menu see remarks footnote (+++ text detection from: 1.8.2004 +++) (+++ official note of the standard authority on EC law: implementing the EC 1782/2003 (CELEX Nr: 32003R1782) EC Treaty 73/2009 (CELEX Nr: 32009R0073) cf. § 1 of this G +++) the G as article 1 d. G v. 21.7.2004 I 1763 by the Bundestag with the majority of its members and with the consent of the Federal Council decided. It entered into force article 9 of this G on the 1.8.2004 according.

§ 1 scope of application (1) this law is used carry out 1 of the regulations on the introduction of a uniform single payment scheme under Title III of Regulation (EC) No 1782/2003 of 29 September 2003 with common rules for direct support schemes under the common agricultural policy and with support schemes certain no. for farmers and amending regulations (EEC) 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 OJ L 270 of the 21.10.2003, p. 1) in the currently valid version, 2. the rules on the single farm payment under Title III of Regulation (EC) No 73/2009 of 19 January 2009 with 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 OJ L 30 of the 31.1.2009, p. 16) amended as well as 3 of the acts adopted within the framework of the provisions referred to in paragraph 1 or 2 and to the implementation of the European communities or the European Union.
(2) this Act is a law within the meaning of article 1, paragraph 2 point 4 of the market organisation Act.

§ 2 regional application of the single payment scheme (1) the single farm payment is granted from January 1, 2005, at the regional level in accordance with the following provisions and the provisions adopted for its implementation.
(2) for the implementation of the rules on the single farm payment, each country is a region. By way of derogation from sentence 1 the States of Brandenburg and Berlin, Lower Saxony and Bremen and Schleswig-Holstein and Hamburg form a region.
Footnote § 2 idF d. G v. 21.7.2004 I 1763: compatible with GG (100-1)-1 BvF com. BVerfGE v. 14.10.2008 4/05 - § 2a (dropped out) § 3 national reserve and hardship cases (1) establishing the national reserve are 1 the national ceilings referred to in article 41 in conjunction with annex VIII of Regulation (EC) No. 1782/2003, reduced by the amount resulting after § 2a , adjusted with effect for the year 2005 pursuant to article 145 letter i in conjunction with article 62 of Regulation (EC) No. 1782/2003, (adapted national ceilings) and 2nd respectively the amount to the is the national ceilings referred to in article 41 in conjunction with annex VIII of Regulation (EC) No. 1782/2003 a) for the year 2006 compared to the year 2005 (first raise amount) , b) for the year 2007 compared to the year 2006 (second boost amount), c) for the year 2008 compared to the year 2007 (third amount), d) for the year 2009 compared to 2008 (fourth amount of boost) and e) for 2010 compared with the year 2009 (fifth amount) increased, each by 1.0 per cent to shorten.
(1a) the sum in 2008 made the reduction according to § 5 paragraph 4 sentence 1 resulting amounts is part of the national reserve.
(2) the task of the national reserve is to reference amounts or payment entitlements for farmers in the after or as part of the community or the Union laws to cases provided, including that from § 5 paragraph 6, also in connection with article 5 b paragraph 3, section 5 c seize paragraph 2 or article 5 d paragraph 2, resulting cases.

§ 4 Division divided the upper limit on the regions (1) which according to § 3 paragraph 1 number is 1 adapted national ceilings shortened to 1.0 per cent on each region according to the key as the basis for the calculation of the reference amount laid down in annex 1 to § 5 (regional ceilings).
(2) the number 2 is letter of a first boost amount reduced to 1.0 per cent according to article 3, paragraph 1 the amount determined for the respective region of the amounts from 1 the additional operating individual milk amount according to § 5 paragraph 4 number 1, 2. the operating individual tobacco amount according to § 5 paragraph 4 number 2 and 3 the operating individual sugar basic amount according to § 5 paragraph 4 number 3 on the regions divided.
(3) according to § 3 paragraph 1 number 2 are letter b, c and d respectively to 1.0 of the hundred shortened second, third, and fourth boost amounts in the amount determined for the respective region of the first, second and third additional operating individual sugar amounts according to § 5 paragraph 4a on the regions divided.
(3a) which number is 2 letter e according to § 3 para 1 to 1.0 of the hundred shortened fifth amount equal to the sum of the additional operating individual tobacco amounts calculated for each region divided according to § 5 paragraph 4 c on the regions.
(3B) In 2008 an additional amount equal to the sum of the separate amounts calculated for each region is assigned to the regions each b according to § 5 paragraph 4. If the sum of the additional amounts pursuant to sentence 1 is higher than the difference between the 5 693 330 000 euros and the amount of the payment entitlements allocated on December 31, 2007, the additional amount for each region is proportionally reduced.
(3c) according to article 40 paragraph 1 subparagraph 2 which is Regulation (EC) No. 73 / 2009 was increasing the national ceiling on the regions according to their needs on the basis of the allocation of payment entitlements to wine-growers according to annex IX of Regulation (EC) No. 73/2009 split.
(3d) is divided into the year 2012 the sum of the amounts that no. 73/2009 for inclusion in the single payment scheme available are Germany under article 64 in conjunction with annex XII of Regulation (EC) (sixth boost amount), 1a to increase the payment claims to the regions after installation.
(4) the Federal Ministry of food, agriculture and consumer protection (Ministry) will be authorized by Decree without the consent of the Federal Council after consulting the Supreme Land authorities each the breakdown by paragraphs 2, 3, 3a, perform 3 b and 3 c.
Footnote § 4 par. 1 with Annex 1 idF d. G v. 23.7.2004 I 1861: compatible with GG (100-1)-1 BvF com. BVerfGE v. 14.10.2008 4/05 - § 5 determination of the reference amount of the single payment scheme (1) the reference amount of the single payment scheme will, taking into account the requirements of article 41 of Regulation (EC) No 1782/2003, for each farmer in accordance with article 59 paragraph 1 in connection with article 3 of Regulation (EC) No 1782/2003 an operating individual amount, the area-based amount and with effect for the year 2008 set a separate amount for farmers with orchards or vine or tree nurseries (separate amount).
(2) the operating individual amount is calculated as follows for the year 2005: 1 in accordance with title III, Chapter 2 of Regulation (EC) No. 1782/2003 is for the following in annex VI of Regulation (EC) No. 1782/2003 on direct payments payable to: a) beef direct payments: aa) special premium for male bovine animals, bb) suckler cow premium including payments for heifers, cc) slaughter premium for calves, as well as dd) extensification payment amounting to 50 per cent of is referred to in annex VII letter C of Regulation (EC) No 1782 / 2003 resulting amount, b) sheep - and goatmeat, c) dry food and d) potato starch in the amount of 25 per cent of is referred to in annex VII of Regulation (EC) No. of 1782/2003 resulting amount.
2. to the amount calculated according to number 1, no. is the amount no. 1782/2003 (milk supplement payment) for each farmer formed no. 1782/2003 (dairy premium) and the additional payment from the sum of the amounts of dairy premium pursuant to article 95 of Regulation (EC) according to article 96 of Regulation (EC), to be added in accordance with article 62 of Regulation (EC) 1782/2003.
3. the sum of the amounts according to paragraphs 1 and 2 shall be reduced by 1.0 per cent.
(3) the amount of area-related is for 2005 calculated, by 1 the sum of the operating individual amounts will be deducted under paragraph 2 for each region by the respective regional ceiling according to § 4 para 1, 2. the remaining after the deduction referred to in point 1 part of the regional ceiling after article 59 paragraph 3 subparagraph 1 of Regulation (EC) No. 1782/2003 on the referred areas per hectare is divided , where the ratio provided for in the annex 2 to the area-based amount per hectare for the other eligible areas is formed in each region for the area-related amount per eligible hectare, which was used as permanent pasture on May 15, 2003,.
The State Governments be empowered to change the certain value ratio 1(2) in conjunction with Annex 2, set by regulation to take account of specific regional circumstances by the value for the permanent pasture by up to 0.15 increases or decreases. In the case of § 2 paragraph 2 sentence 2, only use can be made of the authorisation pursuant to sentence 2 if same change of value for permanent grassland is made for each country in a region.
(4) with effect from the year 2006 be set following amounts: 1 an additional operating individual milk amount, which is calculated from the sum reduced to 1.0 per cent from 50,15328 per cent of the dairy premium and 49,99756 per cent of milk supplement payment, 2nd one operating individual amount of tobacco, letter I of Regulation (EC) No. of 1782/2003 measured amount calculated from which to 1.0 of the hundred shortened in accordance with title III, Chapter 2 in conjunction with annex VI and VII , and 3 an operating individual sugar basic amount according to § 5a.
(4a) it is 1 with effect for the year 2007 a first additional operating individual sugar amount, 2 with effect for the year 2008 a second additional operating individual sugar amount and 3rd with effect for the year 2009 a third additional operating individual sugar amount fixed. Any additional operating individual sugar amount obtained by the respective operating individual sugar base amount with a uniform for the respective year and fixed according to the sentence of 3 factor is multiplied. The Federal Ministry is empowered by Decree without the consent of the Federal Council after consulting the Supreme Land authorities pursuant to sentence 2 to set the respective factor, that the in annex VII letter K of Regulation (EC) No. 1782/2003 listed for the given year minus a cut ceilings to 1.0 per cent.
(4B) the separate amount is calculated by the multiplied by arising number of hectares with an amount of 50 euro pursuant to sentence 2 and the resulting amount shall be reduced by 1 per cent. For the number of hectares under sentence 1 the surfaces are stated, 1 as orchards or 2nd with pruning or tree school cultures are been used by the farmer on May 15, 2007 as permanent crops. Orchards are not the areas planted with fruit, were capable of consideration on 17 May 2005 with this use for the determination of the area-related amount pursuant to paragraph 3.
(4c) with effect for the year 2010 is an additional operating individual tobacco fee amounting to 25 per cent of the amount pursuant to paragraph 4 sentence 1 number 2 set.
(5) has a business owner eligible land within the meaning of article 44 (2) of Regulation (EC) No 1782/2003 in several areas, as separate reference amounts taking into account the respective regional ceiling shall be fixed for each region him. The operating individual amount is allocated pursuant to paragraph 2 in accordance with the shares of its eligible areas in their respective regions while on its entire eligible area; Paragraph 3 shall apply the amount of land withdrawn accordingly.
(6) a change in the determination of a reference amount, including the amounts referred to in paragraphs 4, 4a, 4B and 4 c, occurs only in favour or at the expense of the national reserve and paragraphs 2 to 5 is not included in the calculations for the.
Footnote § 5 para 1 idF d. G v. 21.7.2004 I 1763: compatible with GG (100-1)-1 BvF com. BVerfGE v. 14.10.2008 4/05 - § 5a the operating individual sugar base amount (1) the operating individual sugar basic amount consists of the sum of the 1 according to paragraph 2 for sugar beet and 2. pursuant to paragraph 4 for chicory shortened to 1.0 per cent amounts determined.
(2) for sugar beet, the amount is number 1, referred to in paragraph 1 by the amount of sugar in the framework of the respective sugar quota of a sugar undertaking excluding 1. the sugar quotas referred to in article 8 of Regulation (EC) No 318 / 2006 of 20 February 2006 on the common organisation of the market for sugar (OJ EU no. L 58, p. 1) or 2 a temporary reduction of quotas according to article 44 of Regulation (EC) No. 318 / 2006 in between the sugar company and the farmer until no later than June 30, 2006 no 318 / 2006 for the marketing year 2006/2007 determines contract referred to in article 6 of Regulation (EC), is multiplied by the amount of compensation fixed in accordance with paragraph 3 per tonne of sugar. In cases where the farmer marketers has completed a contract for the supply of sugar beet (contract) with a, which in turn under the prerequisites of sentence 1 for the marketing year 2006/2007 an agreement after article 6 of Regulation (EC) No 318 / 2006 with the sugar has concluded, is that between the marketer and the farmer in the contract according to the sentence 1 amount of sugar for the calculation pursuant to sentence 1 applied. In cases where the farmer a contract referred to in article 6 of Regulation (EC) No 318 / 2006 for the marketing year 2006/2007 with a Dutch sugar company has completed, which set 1 based to push the amount of sugar determines the calculation according to by the determined by the polarimetric method sugar amount set forth in this agreement with the factor multiplying 0.875.
(3) the amount of compensation within the meaning of paragraph 2 sentence 1 per tonne of sugar resulting by the amount referred to in annex VII letter K of Regulation (EC) No. 1782/2003 in 2006 minus the sum of the amounts arising out of paragraph 4 by the sum of the after paragraph 2 sentence 1, 2 and 3 based on fair levels of sugar is divided. The Ministry is authorised to set the compensation amount by means of an Ordinance without the consent of the Federal Council after consulting the Supreme Land authorities.
(4) for chicory the amount number 2 is referred to in paragraph 1, the number of hectares of a farmer, for the he 2004 a cultivation contract to produce with an inulin syrup-producing chicory undertakings during the 2004/2005 allocated inulin syrup quotas had completed this company with effect for the marketing year, by multiplying for the growing season with 360 euros per hectare.

§ 5 b starch potato amount for the year 2012 (1) each claim for payment for 2012 of a farmer who for the marketing year 2011/2012 includes a cultivation contract referred to in article 78 of Regulation (EC) No. 73 / 2009 with a potato starch-producing company, on request - subject to the application of a reduction of the payment claims - provided to or on behalf of the community or the Union legislation with effect only in the year 2012 to a starch potato amount increases. The starch potato raise amount is determined by the amount of strength, which is determined in the contract referred to in sentence 1 is multiplied by the amount of €66,32 per tonne and divided by the number of payment entitlements that the farmer has on May 15, 2012.
(2) in cases of force majeure or exceptional circumstances the previous year, which is not affected by force majeure or exceptional circumstances, will be determined at the request instead of the marketing year 2011/2012.
(3) § 5 paragraph 6 shall apply the starch potato amount accordingly.

§ 5c of Hedon amount for the year 2012 (1) each claim for payment in a region for the year 2012 is increased with effect only in the year 2012 - subject to the application of a reduction of entitlements - to a one-year raise amount provided to or on behalf of the community or the Union legislation. The one-year boost amount is determined in the amount deducted pursuant to section 5 (b) paragraph 1 and 2 amounts for each region of the share of each region to the sixth boost amount and the resulting amount divided by the number of payment entitlements in this region for the year 2012. Subsequent changes for 2012 are not considered for the calculation of the one-year boost amount. The annual amount will be published by the competent authority in the Federal Gazette.
(2) § 5 paragraph 6 applies to the annual amount accordingly.

§ 5 d increase of payment claims from the year 2013 (1) each payment claim in a region for the year 2012 has increased with effect from the year of 2013 - subject to the application of a reduction of the payment claims - by the amount obtained (regional boost value) at Division of the share of each region to the sixth raise amount by the number of payment entitlements in this region for the year 2012 provided to or on behalf of the community or the Union legislation. Subsequent changes for 2012 are not considered for the calculation of the regional boost value. The regional boost value of a region will be published by the competent authority in the Federal Gazette. For the year 2012 subsequent years, § 6 paragraph 2 is to apply number 2 accordingly.
(2) § 5 paragraph 6 applies accordingly to the regional boost value.

§ 6 adjustment of payment entitlements
(1) each claim for payment a farmer in a region for the year 2009 (seed) is - without prejudice to paragraphs 5 b to 5 d - up including the year 2013 (adjustment years) in Appendix 3 certain calculation methods, one for each region to offset single claim for payment (regional target value). The seed value is to increase the additional amount of operating individual tobacco beginning in 2010 when calculating the adjustment of the payment entitlements. The regional target value is determined from the sum of the values of all payment entitlements of a region for the year 2009, increased with the additional sum of payment entitlements resulting from the calculation § 5 paragraph 4 c according to, divided by the sum of the payment entitlements of a region for the year 2009. Subsequent changes for 2009 are not included for the calculation of the regional target.
(2) in the case of the application of a reduction of payment claims a year 2009 following the year after or within the framework of the community or the Union legislation intended regional target value to the specified extent be shortened 1 in the adjustment payment claims each for annual adjustment and 2.
(3) newly provided payment claims in the years 2010 until 2012, these payment claims from the year of the realignment be adapted so as payment entitlements at the time of the modification already in the customization.
Footnote § 6 para 1 with annex 3 idF d. G v. 23.7.2004 I 1861: compatible with GG (100-1)-1 BvF gem. BVerfGE v. 14.10.2008-4/05 - § 6a regional value from the year 2013 new payment entitlements equal to the sum of the - according to § 6 paragraph 2 be number 2 for 2013 to apply summary - regional target value and which, in analogous application of § 6 paragraph 2 number 2 for 2013 applicable summary - regional boost (regional) value set. The local value of a region will be published by the competent authority in the Federal Gazette. § 6 paragraph 2 is to apply number 2 to the regional value according to for the years 2013 following the year.

§ 7 processing and use of data (1) for the implementation in annex VI of Regulation (EC) No 1782 / 2003 these support schemes relevant competent authorities which convey by them respectively for the purpose of granting in annex VI of Regulation (EC) No 1782 / 2003 these support schemes collected the authorities responsible for the implementation of this law, unless the data are required , to determine the amounts according to § 5. The authorities responsible for the implementation of this Act may process the data transmitted in the framework of the fulfilment of its tasks for the purpose referred to in sentence 1 and use.
(2) each sugar undertaking until July 15, 2006 the authority responsible for its seat separately for every farmer and every marketer the sugar amount communicated in the framework of the respective sugar quota of the sugar company excluding 1. the sugar quotas referred to in article 8 of Regulation (EC) No. 318 / 2006 or 2 a temporary reduction of quotas according to article 44 of Regulation (EC) No 318 / 2006 in a contract to article 6 of Regulation (EC) No 318 / 2006 for the marketing year 2006/2007 with the farmer or the marketer is intended to determine the amounts according to section 5a paragraph 2 sentence 1 in conjunction with paragraph 3. In the case of section 5a paragraph 2 sentence 2, sentence 1 shall apply accordingly for the marketers with respect to each farmer with whom the marketer has concluded a supply contract. The authorities communicate this information in terms of the business owner in anonymous form, the Ministry until August 1, 2006, to verify compliance with the respective sugar quota and to allow the fixing of the compensation amount under section 5a paragraph 3. Moreover, paragraph 1 shall apply mutatis mutandis.
(3) the competent authorities transmit the Ministry until August 31, 2008 the sum determined the for each region separate amounts according to § 5 paragraph 4 b.

Appendix 1 (to § 4 para 1) distribution of customized national ceiling on the regions (site: BGBl. I 2010, 1726) region share in % of the adjusted national ceiling in Baden-Württemberg 7,6017 Bavaria 19,6701 Brandenburg and Berlin 7,2815 Hessen 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 paragraph 1 Appendix 1 idF d. G v. 23.7.2004 I 1861 : Compatible with GG (100-1)-1 BvF com. BVerfGE v. 14.10.2008 4/05 - annex 1a (to § 4 paragraph 3d) Division of the sixth boost amount on the regions (site: BGBl. I 2010, 1726) region euro Baden-Württemberg 957 343,43 Bavaria 20 526 818,34 Brandenburg and Berlin 7 103 006,71 244 515,68 Hessen 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 Sachsen 1 375 125,04 Saxony-Anhalt 3 824 580,80 Schleswig-Holstein and Hamburg 122 625,75 Thuringia 945 252.98 annex 2 (to article 5 par. 3 No. 2) ratio of the value of the area-related amount per hectare of eligible area, which was used as permanent pasture on May 15, 2003, based on the value of the area-related amount per hectare for the other eligible areas (site: BGBl. I 2010, 1727) region value ratio other eligible areas of permanent grassland and Baden-Württemberg 1 0,177 Bayern 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 Nordrhein-Westfalen 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 Appendix 3 (to § 6 para 1) calculation method for the determination of the value of the payment entitlements over time (site: BGBl. I 2010, 1727) calculation formula: YT = Z + [xt * (S - Z)] where: YT: value of a payment entitlement during the adjustment year S: starting value (value of payment entitlement in 2009 , increased from the year 2010 by the additional operating individual tobacco amount) Z: target value (value of payment entitlement from target year) xt: approximation factor for a given year of the adjustment factor xt 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 annex 3 idF d. G v. 23.7.2004 I 1861 : Compatible with GG (100-1)-1 BvF gem. BVerfGE v. 14.10.2008 4/05 -.