Regulation for the implementation of the single payment (single payment for the single payment) (BetrPrämpass-through)

Unofficial table of contents

BetrPrämpassthrough

Date of completion: 03.12.2004

Full quote:

" Single payment implementation regulation in the version of the notice of 26. October 2006 (BGBl. 2376), as last amended by Article 2 (103) of the Law of 22 December 2011 (BGBl I). I p. 3044)

Status:	New by Bek. v. 26.10.2006 I 2376;
	Last amended by Art. 2 para. 103 G v. 22.12.2011 I 3044

For more details, please refer to the menu under Notes

Footnote

(+ + + Text from: 20.12.2004 + + +) 
(+ + + For application d.  § § 7 and  8 cf.  § 9a + + +) 
(+ + + For the continued application of the repeal with V v. 7.5.2010 eBAnz AT51 V1),   
 replaced or amended regulations of this V in the on 10.5.2010   
 See current version  § 21 F. 2010-05-07 + + +) 

  

Section 1
General provisions

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§ 1 Scope

The provisions of this Regulation shall apply to the implementation of acts of the European Communities or of the European Union relating to the single payment scheme and the single payment implementing act.

Footnote

(+ + + § 1: For further application in the version in force on 10 May 2010). § 21 F. 2010-05-07 + + +) Unofficial table of contents

§ 2 Regional average

For the application of Section B of Annex IX to Regulation (EC) No 73/2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and farmers Amendment of 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, the regional average of the value of the payment entitlements of the region concerned is equal to the regional target value in accordance with Article 6 (1) of the Single Payment Act.

Footnote

(+ + + § 2: For further application in the version in force on 10.5.2010) § 21 F 2010-05-07 + + +) Unofficial table of contents

§ 3 Availability of eligible area, minimum agricultural activity

(1) The eligible areas declared for the single payment under Article 7 of the InVeKoS Regulation in the application for a collection shall be subject to the last day of filing of the application of Article 7 (1) of the InVeKoS Regulation (2) In the case of Article 14 of Commission Regulation (EC) No 1120/2009 of 29 June 2009, the Commission shall, in the case of Article 14 of Commission Regulation (EC) No 1120/2009, make the application of the application for the payment of the payment of the payment of the payment of the October 2009 laying down detailed rules for the application of the single payment scheme in accordance with Title III of Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for Holder of agricultural holdings (OJ L 327 1), as amended, the number of livestock units for bovine animals referred to in Article 14 (4) (b) of this Regulation shall be in force for the period from 1 January to 30 September of the relevant application year in the Average determined. In the case of sheep and goats, the farmer has to prove the number of livestock units on 3 May and 15 August of the respective application year on the basis of his inventory register in accordance with the IACS Regulation.

Footnote

(+ + + § 3: For further application in the version in force on 10.5.2010) § 21 F 2010-05-07 + + +) Unofficial table of contents

§ 3a Niederwald with short drive

The list of species suitable for Niederwald with short-circulation in the single farm premium and its maximum harvesting cycles is made known by the Federal Institute for Agriculture and Food in the Federal Gazette.

Footnote

(+ + + § 3a: For further application in the version in force on 10 May 2010, cf. § 21 F 2010-05-07 + + +) Unofficial table of contents

§ 3b (omitted)

Footnote

(+ + + § 3b: For further application in the version in force on 10.5.2010, see § 21 F 2010-05-07 + + +)

Section 2
(dropped)

Footnote

(+ + + sect. 2 (§ § 4 to 9a): For further application in the version in force on 10.5.2010 cf. § 21 F 2010-05-07 + + +) Unofficial table of contents

§ § 4 to 9a (omitted)

Footnote

(+ + + § sect. 2 (§ § 4 to 9a): For further application in the version in force on 10.5.2010 cf. § 21 F 2010-05-07 + + +)

Section 3
(dropped)

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§ § 10 and 11 (omitted)

Section 4
Cases of hardship, farmers in a special position, newcomers

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§ 12 Area-related amounts for permanent pasture and other eligible land

(1) For the purposes of the application of § § 14 to 18, the area-specific amount per hectare for permanent pasture shall be equal to the amount in the respective region within the meaning of section 2 (2) of the Act on the implementation of the single payment law in 2005 pursuant to § 5 (3) sentence 1 no. 2 the Act on the Payment of Premiums or under the provisions of Section 5 (3), second sentence, of the SPS Act for eligible areas, which were used as permanent pasture on 15 May 2003. (2) For the Application of § § 14 to 18 corresponds to the area-specific amount per hectare for other areas eligible for aid in the respective region within the meaning of section 2 (2) of the operating premium law in 2005 pursuant to § 5 (3) sentence 1 (2) of the Act on the implementation of the single payment law or under a legal regulation § 5 (3), second sentence, of the single payment implementation act for other eligible areas has been applied. Unofficial table of contents

§ 13 (omitted)

Footnote

(+ + + § 13: For further application in the version in force on 10.5.2010) § 21 F 2010-05-07 + + +) Unofficial table of contents

Section 14 Transfer of leased areas in the case of Article 20 of Regulation (EC) No 1120/2009

(1) In the case of the transfer of a leased operation or part of the operational part within the meaning of Article 20 of Regulation (EC) No 1120/2009, the reference amount shall be determined on the basis of an individual amount only if the reference amount is determined if: The subject of the transfer is not exclusively areas. An individual amount shall be used only to the extent that premium rights, delivery rights or production quotas within the framework of the leasing of the holding or the operating part of the amount referred to in Article 20 (1) of Regulation (EC) No 1120/2009, have been assigned to third parties. An individual sugar base amount shall be used only to the extent to which the third party referred to in Article 20 of Regulation (EC) No 1120/2009 has been entitled to the right to lease contracts within the meaning of Section 5a (2) sentence 1 or 2 of the To complete the Single Payment Act (sugar beet delivery). A starch potato increase shall be based only on the extent to which the third party referred to in Article 20 of Regulation (EC) No 1120/2009 has been entitled to the right to lease contracts within the meaning of Article 5b (1), first sentence, of the (2) A reference amount for the allocation of payment entitlements shall be fixed only if the reference amount of the holder of the payment, who before the application of this provision, is for him to be determined, either at least by 5 of the hundred, but at least 500 euros, or at least EUR 5 000. In order to determine whether the increase referred to in the first sentence is reached,

1.

not taking account of the reductions referred to in paragraphs 6 and 7,

2.

for permanent pasture land, orchards and reb and nursery crops, account shall be taken of the area-related amounts for other eligible areas,

3.

if the subject of the transfer was a leased individual milk reference quantity, a leased production quota for raw tobacco or a leased sugar beet supply, the respective amounts in accordance with Article 5 (4), (4a) and (4b) of the The single payment implementation act, taking into account the conditions mentioned therein.

(3) In the case of applications for payment entitlements in 2005, the second sentence of paragraph 1 shall be determined in the determination of the reference amount of the individual amount in accordance with § 5 (2) (2) (1) and (3) of the Single Payment Enforcement Act (SPS). The basis for the production which was made in the leased operation or part of the operating part obtained in accordance with Article 20 (1) of Regulation (EC) No 1120/2009 in the year preceding the leasing and for which direct payments have been granted. In the case of the slaughter premium, the amount of the individual's individual operations shall be based on the number of calves slaughtered in accordance with Article 5 (2) (1) and (3) of the Single Payment Enforcement Act, which shall be subject to the conditions laid down in Article 11 (1) (b) of Regulation (EC) No 1254/1999. If the transfer was also subject to a leased individual milk reference quantity, an individual amount shall be calculated for this purpose in accordance with § 5 (2) (2) and (3) of the Single Payment Act (SPS), provided that this amount is to be paid to the individual milk reference quantity. Holder not already available on 31 March 2005. In the case of the third sentence, in 2006, an additional amount of milk of the individual operating income shall be calculated in accordance with § 5 (4) (1) of the Act on the Payment of the Single Payment Act. If the transfer was also subject to a leased production quota for raw tobacco, a per-individual tobacco amount will be paid in 2006 in accordance with Section 5 (4) (2) of the Act on the implementation of the SPS and in the year 2010. (4) In the case of applying for payment entitlements from the year 2006 onwards, the reference amount of the individual individual amount of tobacco shall be determined for the purpose of determining the reference amount of the individual amount of the individual tobacco. The amount referred to in the first sentence of paragraph 3, including the amount referred to in Article 5 (4) (1) of the The amount resulting from the Single Payment Enforcement Act. If the transfer was also subject to a leased production quota for raw tobacco, an individual tobacco amount will be calculated for this purpose in accordance with § 5 (4) (2) of the Single Payment Act (SPS). In the case of the second sentence, in 2010 an additional amount of tobacco per individual company shall be calculated in accordance with § 5 (4c) of the Act on the Payment of Premiums. If the transfer was also subject to a leased sugar beet, an individual sugar basic amount shall be used for this purpose in accordance with Section 5 (4) (3) of the Single Payment Act (SPS), including the provisions of Section 5 (4a) of the Act on the Alcohol and Sugar Beet. Under the conditions referred to above, the Management Act shall determine the amounts resulting from the Act, unless the farmer himself has a contract within the meaning of Section 5a (2) sentence 1 or 2 of the Act of the The Single Payment Enforcement Act could be concluded. If the transfer was also a leased starch potato supply law, a starch potato increase shall be determined for this purpose in accordance with Section 5b (1) of the Single Payment Act (SPS). § 12 shall be used for the area-related amounts. In 2012, the one-year increase is also used in accordance with Section 5c of the SPS. (4a) By way of derogation from the fourth sentence of paragraph 4, from 2008 onwards, the amount of land to be used shall be:

1.

during transmission

a)

as orchards, or

b)

with reb or nursery cultures

have been used as permanent crops, and

2.

returned after 15 May 2007 with this use,

as part of the reference amount, a separate amount is calculated in accordance with § 5 (4b) of the SPS on the basis of the number of hectares of these areas. (5) In the case of applications for payment entitlements from the year 2010, the The reference amount referred to in the first sentence of paragraph 4, 2, 4 and 5 and paragraph 4a, including the amount resulting from § 5 (4c) of the SPS. (6) The reference amount referred to in paragraph 4, also in conjunction with paragraph 4a, or 5 The reference amount shall be multiplied by the following coefficients:

Application Year	Coefficient
2006	1.0
2007	0.7
2008	0.5
2009	0.3
2010 onwards	0.2

The number of payment entitlements shall be determined by the number of eligible hectares of the leased operation or part of the holding obtained pursuant to Article 20 (1) of Regulation (EC) No 1120/2009 for the application year in question in the first sentence of Article 20 (1) of Regulation (EC) No 1120/2009. shall be multiplied. The value of the payment entitlements shall be determined by dividing the reference amount determined in accordance with the first sentence by the number of payment entitlements determined in accordance with the second sentence. (7) In the case of applications for payment entitlements from 2013 onwards, the farmer shall receive the payment. Payment entitlements for 20 per cent of the number of eligible hectares of the leased operation or part of the holding obtained pursuant to Article 20 (1) of Regulation (EC) No 1120/2009. The value of the payment entitlements corresponds to the regional value within the meaning of Section 6a of the Single Payment Act (SPS). (8) (omitted) (9) (omitted)

Footnote

(+ + + § 14: For further application in the version in force on 10 May 2010). § 21 F. 2010-05-07 + + +) Unofficial table of contents

§ 15 (omitted)

Footnote

(+ + + § 15: For further application in the version in force on 10 May 2010). § 21 F 2010-05-07 + + +) Unofficial table of contents

Section 16 Pacht or purchase of an establishment or part of a holding in the case of Article 22 of Regulation (EC) No 1120/2009

(1) In the case of the lease or purchase of a holding or part of a holding within the meaning of Article 22 of Regulation (EC) No 1120/2009, the reference amount shall be determined on the basis of an individual amount only if the subject-matter is the subject of the of the lease or purchase contract are not exclusively areas. An individual amount shall be used only to the extent that premium rights, delivery rights, sugar beet delivery rights or production quotas are transferred as part of the sale or leasing of the holding or operating part . Section 14 (2) applies accordingly. (2) In the case of applying for payment entitlements in 2005, the amount of the individual amount of the individual payment is calculated in accordance with § 5 (2) (1) and (3) of the Act on the Payment of Payment Enforcement in the case of the determination of the reference amount. Without prejudice to the provisions of the second sentence of paragraph 1, the production capacity on which the lease contract or the purchase contract is based shall be decisive. If the lease contract or the sales contract is also subject to an individual milk reference quantity, an individual amount shall be calculated for this purpose in accordance with § 5 (2) (2) and (3) of the Single Payment Act (SPS), provided that: it is not already available to the farmer on 31 March 2005. In the case of the third sentence, in 2006, an additional amount of milk of the individual operating income shall be calculated in accordance with § 5 (4) (1) of the Act on the Payment of the Single Payment Act. If the lease agreement or the sales contract was also subject to a production quota for raw tobacco, then in 2006 an individual tobacco amount will be paid in accordance with Section 5 (4) (2) of the Act on the Payment of Premiums and in the year 2010 (3) When applying for payment entitlements from the year 2006, the reference amount shall be determined by means of the individual company's individual contribution to the individual payment of the amount of tobacco. Amount referred to in the first sentence of the second sentence of paragraph 2, including the amount referred to in Article 5 (4) (1) The amount resulting from the Single Payment Act is calculated. If the lease agreement or the sales contract was also subject to a production quota for raw tobacco, an individual tobacco amount will be calculated for this purpose in accordance with § 5 (4) (2) of the Single Payment Act (SPS). In the case of the second sentence, in 2010 an additional amount of tobacco per individual company shall be calculated in accordance with § 5 (4c) of the Act on the Payment of Premiums. If the transfer was also subject to a leased sugar beet, an individual sugar basic amount shall be used for this purpose in accordance with Section 5 (4) (3) of the Single Payment Act (SPS), including the provisions of Section 5 (4a) of the Act on the Alcohol and Sugar Beet. Under the conditions referred to above, the Management Act shall determine the amounts resulting from the Act, unless the farmer himself has a contract within the meaning of Section 5a (2) sentence 1 or 2 of the Act of the The Single Payment Enforcement Act could be concluded. If the transfer was also a leased starch potato supply law, a starch potato increase shall be calculated for this purpose in accordance with Section 5b (1) of the Single Payment Act. § 12 shall be used for the area-related amounts. In 2012, the one-year increase is also used in accordance with § 5c of the Single Payment Act. (3a) By way of derogation from the third sentence of paragraph 3, from 2008 onwards, the amount of land to be used shall be:

1.

for the lease or purchase

a)

as orchards, or

b)

with reb or nursery cultures

have been used as permanent crops, and

2.

returned after 15 May 2007 with this use,

as part of the reference amount, a separate amount is calculated in accordance with § 5 (4b) of the SPS on the basis of the number of hectares of these areas. (4) In the case of applications for payment entitlements from the year 2010, the The reference amount determined in accordance with the first sentence of paragraph 3, 2, 4 and 5 and paragraph 3a, including the amount resulting from § 5 (4c) of the SPS. (5) § 14 (6) and (7) applies accordingly. (6) lease agreements shall only be made shall be taken into account when

1.

, and have been notified in accordance with the provisions of the Landlease Transport Act no later than 15 June 2004, or

2.

In accordance with the provisions of the Landpachtverkehrsgesetz (Landpachtverkehrsgesetz) up to 15 June 2004 at the latest, it has been indicated by the contents of the lease contract.

Footnote

(+ + + § 16: For further application in the version in force on 10.5.2010) § 21 F. 2010-05-07 + + +) Unofficial table of contents

§ § 17 and 18 (omitted)

Footnote

(+ + + § § 17 to 19: For further application in the version in force on 10.5.2010) § 21 F 2010-05-07 + + +)

Section 4a
(dropped)

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§ § 18a to 18c (omitted)

Section 5
Final provisions

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§ 19 (omitted)

Footnote

(+ + + § 17 to 19: For further application in the version in force on 10.5.2010) § 21 F 2010-05-07 + + +) Unofficial table of contents

Section 20 Managing Authority

The Administrative Authority within the meaning of the Law on the Law of the Market and the Section 36 (1) (1) of the Code of Administrative Offences shall, in the context of this Regulation, be the acts referred to in § 1, the Law on the Law of the Market and this Regulation of the competent supreme authority of the Länder, subject to a regulation pursuant to Section 38 (3) sentence 4 of the Market Organisation Act.

Footnote

(+ + + § 20: For further application in the version in force on 10 May 2010). § 21 F 2010-05-07 + + +) Unofficial table of contents

Section 21 Transitional regulation

The provisions of this Regulation repealed, replaced or amended by the Regulation of 7 May 2010 are

1.

to applications which had to be submitted before 11 May 2010, and to the settlement thereof, and

2.

to the facts which took place before 11 May 2010

to continue to apply in the version in force on 10 May 2010. Unofficial table of contents

Section 22 (Entry into force)

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Appendix 1 to 3 (omitted)

Footnote

(+ + + Appendix 1 to 3: For further application in the version in force on 10.5.2010) § 21 F 2010-05-07 + + +)