Regulation On The Implementation Of The Single Payment Scheme

Original Language Title: Verordnung zur Durchführung der einheitlichen Betriebsprämie

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Read the untranslated law here: http://www.gesetze-im-internet.de/betrpr_mdurchfv/BJNR320400004.html

Regulation on the implementation of the single payment scheme (operation implementing regulation bonus - BetrPrämDurchfV) BetrPrämDurchfV Ausfertigung date: 03.12.2004 full quotation: "operation premium regulation as amended by the notice of October 26, 2006 (BGBl. I S. 2376), most recently by article 2 paragraph 103 of the law of December 22, 2011 (BGBl. I S. 3044) is changed" stand: Neugefasst by BEK. v. 26.10.2006 I 2376;
 
as last amended by article 2 para 103 G v. 22nd December 2011 3044 for details on the stand number you find in the menu see remarks footnote (+++ text detection from: 20.12.2004 +++) (+++ to the application d. paragraphs 7 & 8 see section 9a +++) (+++ version on the issues applicable to the further application of the eBAnz v v. 7.5.2010 AT51 V1 repealed, replaced or amended regulations of this V in the CF. § 21 F.-2010-05-07 +++) section 1 General provisions section 1 scope the provisions of this Regulation shall apply for the implementation of the legal acts of the European communities or the European Union on the single payment scheme and the operating premium implementation Act.
Footnote (+++ § 1: for the further application of force on the issues see § 21 F.-2010-05-07 +++) § 2 regional average for the application of annex IX section B of Regulation (EC) No 73/2009 laying 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 January 31, 2009, p. 16) in the currently valid version of the regional average of the value of the payment entitlements of each region equal to the regional target value is according to article 6 paragraph 1 of the operating premium implementation law.
Footnote (+++ § 2: for the further application of force on the issues see § 21 F-2010-05-07 +++) section 3 availability of eligible area, agricultural minimum activity (1) that in the single application pending eligible areas according to § 7 of the IACS regulation for the single farm payment must be the holder on the last day for submitting the summary application in the calendar year for which the single farm payment is requested that resulting from article 7 paragraph 1 of the IACS regulation , are available.
(2) in the case of article 14 of Regulation (EC) No. 1120/2009 of the Commission of 29 October 2009 laying down detailed rules for the single payment scheme in accordance with title III of Regulation (EC) No 73/2009 of the Council laying common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (OJ OJ L 316 of December 2, 2009, p. 1) amended the number of livestock units for cattle determines paragraph 4 point (b) of this regulation for the period from 1 January to 30 September of each year of application in the average referred to in article 14. For sheep and goats the farmer has the number of livestock units to the deadlines may 3 and August 15 of each year of the application based on his stock register under the IACS regulation to prove.
Footnote (+++ § 3: for the further application of force on the issues see § 21 F-2010-05-07 +++) § 3a Niederwald with short rotation coppice the list of species suitable for Niederwald with short rotation for the single farm payment and whose maximum harvest cycles is known made by the Federal Agency for agriculture and food in the Federal Gazette.
Footnote (+++ § 3a: for the further application of force on the issues see) § 21 F-2010-05-07 +++) § 3B (dropped out) footnote (+++ § 3B: amended for further use in the on the issues cf. § 21 F-2010-05-07 +++) section 2 (dropped out) footnote (+++ par. 2 (§§ 4-9a): for the further application of force on the issues see § 21 F-2010-05-07 +++) §§ 4-9a (dropped out) footnote (+++ § section 2 (§§ 4-9a): for the further application of force on the issues see § 21 F-2010-05-07 +++) section 3 (dropped out) pursuant to sections 10 and 11 (dropped out) section 4 hardship cases , Farmer in a special location, newcomers § 12 area amounts to permanent grassland and other eligible areas (1) for the application of sections 14 to 18 matches the area-related amount per hectare of permanent pasture the amount, of the in the respective region within the meaning of § 2 para 2 of the operating premium implementation Act in 2005 after § 5, paragraph 3, sentence 1 No. 2 of the operating premium implementation Act or on the basis of a legal regulation according to § 5 para 3 sentence 2 of the operating premium implementation Act for eligible areas , which were used as permanent pasture on May 15, 2003, has been applied.
(2) for the application of sections 14 to 18 of the area-related amount per hectare for other eligible land equals the amount in the respective region within the meaning of § 2 para 2 of the operating premium implementation Act in 2005 according to § 5, paragraph 3, sentence 1 No. 2 of the operating premium implementation Act or was applied on the basis of a legal regulation according to § 5 para 3 sentence 2 of the operating premium implementation Act for other eligible land.

§ 13 (dropped out) footnote (+++ § 13: for the further application of force on the issues see § 21 F-2010-05-07 +++) § 14 transmission leased land in the case of article 20 of Regulation (EC) no 1120/2009 (1) in cases involving the transfer of a rented business or operating unit in the meaning of article 20 Regulation (EC) no 1120/2009 will be in determining the reference amount only an individual operating amount basis , if not only areas are subject to the transfer. An individual operating amount will be applied only to the extent where entitlements, delivery rights or production quota under the lease of the operation or operating unit to the in article 20 (1) of Regulation (EC) with delegated No. 1120/2009 third parties referred to are. An individual operating sugar base amount is only to the extent applied, where the 1120/2009 referred to third parties with the lease thing the right has received no. in article 20 of Regulation (EC), to conclude agreements within the meaning of section 5a paragraph 2 sentence 1 or 2 of the operating premium implementation Act (Zuckerrübenlieferrecht). A starch potato raise amount is only to the extent based on, where the 1120/2009 referred to third parties with the lease thing the right has received no. in article 20 of Regulation (EC), to conclude agreements within the meaning of § 5 paragraph 1 sentence 1 of the operating premium implementation Act (Stärkekartoffellieferrecht).
(2) a reference amount for the allocation of payment entitlements is just set, if the reference amount of the holder, which has been determined before the application of this rule for him, either at least to increase 5 per cent, but at least 500 euros, or at least to EUR 5 000. To determine whether the increase referred to in sentence 1 reached, does 1 the cuts after paragraphs 6 and 7 does not, 2. for permanent pastures, orchards, and for pruning and tree school cultures the area-related amounts for other eligible land, 3. If subject of the transmission is a sublet individual milk reference quantity, a been leased production quota for raw tobacco or a cotter Zuckerrübenlieferrecht was, the respective amounts according to § 5 ABS. 4 , 4a and 4B of the operating premium implementation Act, taking into account the conditions specified therein with included.
(3) on application payment claims in 2005 operating individual according to § 5 para 2 is charged without prejudice to paragraph 1 sentence 2 in determining the reference amount Nos. 1 and 3 of the operating premium implementation Act on the basis of production, which occurred in which pursuant to article 20 (1) of Regulation (EC) No. 1120 / 2009 received rented holding or part in the year prior to the lease and for which direct payments are granted. In the case of the slaughter premium, the operating individual amount according to § 5 para 2 is no. 1 and 3 of the operating premium implementation Act on the basis of the number of slaughtered calves, the conditions laid down in article no. 1254/1999 had met 11 paragraph 1 letter b of Regulation (EC), calculated. The transmission was also a been leased individual milk reference quantity, so operating individual according to § 5 para 2 will be payable for this Nos. 2 and 3 of the operating premium implementation Act, if this is not already the holder on March 31, 2005 available. In the case of the set of 3 additional operating individual milk according to § 5 ABS. 4 will be payable in 2006 no. 1 of the operating premium implementation Act. Subject-matter of the transfer was also a been leased production quota for raw tobacco, so an operating individual tobacco amount according to § 5 ABS. 4 is no. 2 of the operating premium implementation Act in 2006 and in 2010, an additional operating individual tobacco amount according to § 5 para 4 c of the operating premium implementation act calculated.
(4) on application payment claims since the beginning of 2006, the operating individual amount pursuant to paragraph 3 is calculated when determining the reference amount set 1 to 3, including the amount arising from § 5 para 4 No. 1 of the operating premium implementation Act. The transmission was also a been leased production quota for raw tobacco, so operating individual tobacco according to § 5 ABS. 4 will be payable for this no. 2 of the operating premium implementation Act. In the case of the set of 2 additional operating individual tobacco according to § 5 para 4 c of the operating premium implementation Act will be payable in the year 2010. Subject of the transfer was also a rented Zuckerrübenlieferrecht, so an operating individual sugar basic amount pursuant to § 5 para 4 is determined for this no. 3 of the operating premium implementation law including the amounts arising from § 5 paragraph 4a of the operating premium implementation act under the conditions specified therein, provided that the farmer operating premium implementation Act could conclude a contract within the meaning of section 5a paragraph 2 sentence 1 or 2 not even up to June 30, 2006. Subject-matter of the transfer was also a cotter starch potato delivery right, a starch potato amount according to § 5 is determined for this b paragraph 1 of the operating premium implementation Act. Article 12 will be applied for the area-related amounts. In 2012, the annual amount of boost 5c of the operating premium implementation Act shall be based according to §.
(4A) way of derogation from paragraph 4 sentence 5 is starting in 2008 for the surfaces, the 1st in the transmission of a) as orchards or b) with pruning or tree school cultures have been used as permanent crops and returned 2 after 15 May 2007 with this use or as a separate amount according to § 5 ABS. 4 part of the reference amount calculated operating premium implementation Act on the basis of the number of hectares of this land.
(5) on application payment claims from the year 2010, the reference amount is set 1, 2, 4 and 5 according to paragraph 4 and paragraph 4a including the amount resulting from § 5 paragraph 4 c of the operating premium implementation Act determines.
(6) reference amount is multiplied with the following coefficients determined pursuant to paragraph 4, in connection with paragraph 4a or 5: application year coefficient 2006 1.0 2007 0.7 2008 0.5 2009 0.3 from 2010 0.2 the number of entitlements arises, by multiplying the eligible number of hectares of the coefficient laid down pursuant to article 20 paragraph 1 of Regulation (EC) No. 1120 / 2009 received rented operation or operating unit with the for the application year in set 1. The value of the payment entitlements arises the reference amount calculated pursuant to sentence 1 is divided by the number of the payment entitlements determined according to sentence 2.
(7) on application payment entitlements farmers receives payment claims from the year 2013 for 20 per cent of the number of eligible hectares of the referred to in article 20 paragraph 1 of Regulation (EC) No. 1120 / 2009 received rented operation or operating unit. The value of the payment entitlements within the meaning of sec. 6a of operating premium implementation Act is the regional value.
(8) (lapsed) (9) (lapsed) footnote (+++ § 14: for the further application of force on the issues see) § 21 F.-2010-05-07 +++) § 15 (dropped out) footnote (+++ § 15: for the further application of force on the issues see § 21 F-2010-05-07 +++) § 16 lease or purchase of a business or operating unit in the case of referred to in article 22 of Regulation (EC) no 1120/2009 (1) in cases which will lease or the purchase of a business or operating unit within the meaning of article 22 of Regulation (EC) no 1120/2009 when the reference amount only an individual operating amount basis , if not only areas are the subject of the lease or sales contract. An individual operating amount will be applied only to the extent where entitlements, delivery rights, Zuckerrübenlieferrechte or production quotas within the framework of the sale or lease of the business or operating unit have been transferred to. § 14 paragraph 2 shall apply mutatis mutandis.
(2) when applying for payment entitlements in the year 2005, the operating individual amount according to § 5 para 2 is calculated when determining the reference amount Nos. 1 and 3 of the operating premium implementation Act. Significantly, sentence 2 is the underlying lease agreement or the contract production capacity without prejudice to paragraph 1. Subject of the lease or of the contract is also an individual milk reference quantity, so individual operating according to § 5 para 2 will be payable for this Nos 2 and 3 of the operating premium implementation Act, if this is not already the holder on March 31, 2005 available. In the case of the set of 3 additional operating individual milk according to § 5 ABS. 4 will be payable in 2006 no. 1 of the operating premium implementation Act. Subject of the lease or the purchase agreement was also a production quota for raw tobacco, so an operating individual tobacco amount according to § 5 para 4 is no. 2 of the operating premium implementation Act in 2006 and in 2010, an additional operating individual tobacco amount according to § 5 para 4 c of the operating premium implementation act calculated.
(3) on application payment claims since the beginning of 2006, the reference amount is determined by the operating individual amount is calculated pursuant to paragraph 2 sentence 1 to 3, including the amount arising from § 5 para 4 No. 1 of the operating premium implementation Act. Subject of the lease or the purchase agreement was also a production quota for raw tobacco, an operating individual tobacco amount according to § 5 para 4 is calculated for this no. 2 of the operating premium implementation Act. In the case of the set of 2 additional operating individual tobacco according to § 5 para 4 c of the operating premium implementation Act will be payable in the year 2010. Subject of the transfer was also a rented Zuckerrübenlieferrecht, so an operating individual sugar basic amount pursuant to § 5 para 4 is determined for this no. 3 of the operating premium implementation law including the amounts arising from § 5 paragraph 4a of the operating premium implementation act under the conditions specified therein, provided that the farmer operating premium implementation Act could conclude a contract within the meaning of section 5a paragraph 2 sentence 1 or 2 not even up to June 30, 2006. Subject-matter of the transfer was also a cotter starch potato delivery right, a starch potato amount according to § 5 is calculated for this b paragraph 1 of the operating premium implementation Act. Article 12 will be applied for the area-related amounts. In 2012 the annual raise amount pursuant to section will be 5 c of the operating premium implementation Act.
(3A) way of derogation from paragraph 3 set 5 is starting in 2008 for the surfaces, the 1st in the lease or the purchase of a) as orchards or b) with pruning or tree school cultures have been used as permanent crops and returned 2 after 15 May 2007 with this use or as a separate amount according to § 5 ABS. 4 part of the reference amount calculated operating premium implementation Act on the basis of the number of hectares of this land.
(4) on application payment claims from the year 2010, the reference amount is set 1, 2, 4 and 5 under paragraph 3 and paragraph 3a, including the amount resulting from § 5 paragraph 4 c of the operating premium implementation Act determines.
(5) para 6 and 7 shall apply mutatis mutandis § 14.
(6) land lease agreements will only be considered if they 1 have been completed in writing and shown under the provisions of the land lease Transport Act by no later than 15 June 2004, or 2. have been concluded orally and displayed according to the provisions of the land lease Transport Act by no later than 15 June 2004 by substantive notice of the lease contract.
Footnote (+++ § 16: for the further application of force on the issues see) § 21 F.-2010-05-07 +++) §§ 17 and 18 (dropped out) footnote (+++ §§ 17-19: for the further application of force on the issues see § 21 F-2010-05-07 +++) Section 4a (dropped out) §§ 18a to 18 c (dropped out) section 5 final provisions § 19 (dropped out) footnote (+++ § 17-19: for the further application of force on the issues see § 21 F-2010-05-07 +++) article 20 competent administrative authority managing authority within the meaning of the market organization act and article 36, paragraph 1 is number 1 of the code of administrative offences within the scope of this regulation that referred to in article 1 Acts, the market organisation Act and this regulation of the countries be carried subject to a regulation according to § 38 paragraph 3 sentence 4 of the market organisation Act the Supreme authority of the country.
Footnote (+++ § 20: for the further application of force on the issues see § 21 F-2010-05-07 +++) which replaced article 21 transitional with the Decree of the 7th May 2010 repealed, or modified provisions of this regulation are 1 on requests which had to be made before May 11, 2010, and whose settlement as well as 2nd to continue using actual facts as amended on May 10, 2010 before May 11, 2010.

Section 22 (entry into force) unit 1 to 3 (dropped out) footnote (+++ Appendix 1-3: for the further application of force on the issues see § 21 F-2010-05-07 +++)