Regulation On The Implementation Of The Single Payment Scheme

Original Language Title: Verordnung zur Durchführung der einheitlichen Betriebsprämie

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Single Farm Payment Regulation (Single Payment Scheme Regulation-BetrPrämpass.fV)

Non-official table of contents

BetrPrämpass.fV

Date of delivery: 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 p. 3044) "

:Recaught by Bek. v. 26.10.2006 I 2376;
last amended by Art. 2 para. 103 G v. 22.12.2011 I 3044

See Notes

Footnote

(+ + + Text Evidence: 20.12.2004 + + +)
(+ + + For Application) for more information on the standstill. d. § § 7 and 8 cf. § 9a + + + +)
(+ + + For the continued application of the with V v. 7.5.2010 eBAnz AT51 V1 raised,
replaced or amended by this V in the version in force on 10.5.2010
§ 21 F. 2010-05-07 + + +)

Section 1
General rules

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§ 1 Scope

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

footnote

(+ + + § 1: for further application in the version in force on 10.5.2010) cf. § 21 F. 2010-05-07 + + +) Non-official table of contents

§ 2 Regional average

For the application of Annex IX, Section B 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 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, 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 The Single Payment Implementation Act.

Footnote

(+ + + § 2: For further application in the version in force on 10.5.2010 see below). § 21 F 2010-05-07 + + +) Non-official Table of contents

§ 3 Availability of eligible area, minimum agricultural activity.

(1) The eligible areas declared in the application for the single payment pursuant to Section 7 of the InVeKoS Regulation shall be subject to the following: Farmers shall be available on the last day of the filing of the collective application in the calendar year for which the single payment is requested from § 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: 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 for the period from 1 January 2007 to 1 December 2009. January to 30. On average, the average for each application year is September. In the case of sheep and goats, the farmer has the number of livestock units at the end of the cut-off period 3. May and 15.

Footnote

(+ + + § 3: For further application in the version in force on 10.5.2010, see section 3 of the German version of the German version of the German version of the German-language version of the German-language version of the German-language version of the German-language version of the German § 21 F 2010-05-07 + + +) Non-official Table of Contents

§ 3a Low Forest with Short Drive

The list of species suitable for Niederwald with short-term sales in the single farm payment and their maximum harvesting cycles are published by the Federal Institute for Agriculture and Food in the Federal Gazette (Bundesanzeiger).

Footnote

(+ + + § 3a: For further application in the version in force on 10.5.2010). § 21 F 2010-05-07 + + +) Non-Official Table of Contents

§ 3b (omitted)

Footnote

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

Section 2
(omitted)

Footnote

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

§ § 4 to 9a (omitted)

footnote

(+ + + § sect. 2 (§ § 4 to 9a): For further use in the current version of the See version § 21 F 2010-05-07 + + +)

Section 3
(omitted)

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§ § 10 and 11 (omitted)

Section 4
Hardship cases, special location farmers, newcomers

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

(1) For the application of § § 14 to 18, the area-related amount is equal to Hectare for permanent pasture to the amount in the respective region within the meaning of section 2 (2) of the operating premium law in 2005 pursuant to § 5 (3) sentence 1 no. 2 of the Act on the implementation of the single payment law or pursuant to a regulation in accordance with Article 5 (3), second sentence, of the Single Payment Act for the eligible land, which is 15. It was used as a permanent pasture in May 2003.(2) For the purposes of the application of § § 14 to 18, the area-specific amount per hectare for other eligible areas corresponds to the amount of the amount in the respective region within the meaning of § 2 (2) of the operating premium law enforcement act in 2005 pursuant to § 5 (3) (German) 3, first sentence, no. 2 of the Act on the implementation of the Single Payment Act or on the basis of a legal regulation pursuant to Section 5 (3) sentence 2 of the Act on the implementation of the Single Payment Act for other eligible areas. Non-official table of contents

§ 13 (omitted)

footnote

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

§ 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 holding referred to in Article 20 of Regulation (EC) No 1120/2009, the reference amount shall be determined on the basis of an individual amount only if the subject-matter of the Transfer is not exclusive to 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 shall be increased by at least 5 of the hundred, but not less than 500 euro, or at least EUR 5 000. In order to determine whether the increase referred to in the first sentence is reached,
1.
will be the reductions according to the Paragraphs 6 and 7 shall not be taken into account,
2.
for permanent pasture, orchards and reb and nursery crops, the area-related amounts for other Eligible areas,
3.
if the subject-matter of the transfer is a leased individual milk reference quantity, a pased production quota for Raw tobacco or a leased sugar beet, the respective amounts were included in accordance with § 5 (4), 4a and 4b of the Single Payment Act, taking into account the conditions set out therein.
(3) Application for payment entitlements in 2005 shall, without prejudice to the second sentence of paragraph 1, be based on the determination of the reference amount of the individual amount in accordance with Section 5 (2) (2) (1) and (3) of the Single Payment Act (SPS) on the basis of: the production calculated in the case of leased operation or part of operations received 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 implementing act, which shall be subject to the conditions laid down in Article 11 (1) (b) of Regulation (EC) No 1254/1999. Where the transfer was also subject to a leased individual milk reference quantity, an individual amount shall be calculated for this purpose in accordance with Article 5 (2) (2) and (3) of the Single Payment Act (SPS), provided that such amounts are to be paid to the individual milk reference quantity. Farmers not already on the 31. The report is available in 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 a leased production quota for raw tobacco, an individual tobacco amount will be added in 2006 in accordance with Section 5 (4) (2) of the Single Payment Act and in 2010 an additional amount of tobacco will be added to the production rate. Individual tobacco amount is calculated in accordance with § 5 (4c) of the Single Payment Act (SPS).(4) In the case of applications for payment entitlements from the year 2006 onwards, the reference amount shall be determined in accordance with the provisions of the first sentence of paragraph 3, including the amount of the amount referred to in Article 5 (4) (1) of the Act on the implementation of the single payment of the single payment the resulting amount. 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 a leased sugar beet, an individual sugar basic amount will be used for this purpose in accordance with Section 5 (4) (3) of the Act on the implementation of the SPS, including that of Section 5 (4a) of the Act. Under the terms and conditions referred to in this Regulation, the Single Payment Act shall be determined, unless the farmer himself/herself is up to 30%. It was possible to conclude a contract within the meaning of Section 5a (2) sentence 1 or 2 of the Single Payment Enforcement Act (SPS) in June 2006. 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 based on § 5c of the Single Payment Act (SPS).(4a) By way of derogation from the fourth sentence of paragraph 4, from 2008 onwards, for the areas
1.
in the case of the transfer style="font-weight:normal; font-style:normal; text-decoration:none; ">
a)
as orchards or
b)
with reb or tree cultures
used as permanent cultures and
2.
after the 15. In accordance with Section 5 (4b) of the Act on the Act of Payment of the Payment Act, a
amount is calculated as part of the reference amount 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 reference amount shall be determined in accordance with the first, second, fourth and fifth sentences of paragraph 4 and paragraph 4a, including the amount resulting from Article 5 (4c) of the SPS.(6) The reference amount referred to in paragraph 4, also in conjunction with paragraph 4a, or 5, shall be multiplied by the following coefficients:

Application year Coefficient
2006 1, 0
2007 0, 7
2008 0, 5
2009 0, 3
from 20100.2


The number of payment entitlements results by the number of eligible hectares of the pursuant to Article 20 (1) of Regulation (EC) No 1120/2009 shall be multiplied by the coefficient obtained for the year in which the application is made in the first sentence of the year in question. 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 payment entitlements for 20 of the hundred of the eligible hectares of the leased operation received pursuant to Article 20 (1) of Regulation (EC) No 1120/2009, or Operating part. The value of the payment entitlements shall be equal to the regional value within the meaning of Section 6a of the Single Payment Enforcement Act.(8) (omitted) (9) (omitted)

footnote

(+ + + § 14: For further application in the version in force on 10.5.2010) § 21 F. 2010-05-07 + + +) Non-official Table of contents

§ 15 (omitted)

footnote

(+ + + § 15: For further application in the version in force on 10.5.2010) § 21 F 2010-05-07 + + +) unofficial table of contents

§ 16 Pacht or purchase of a business or operating part in the case of Article 22 of Regulation (EC) No 1120/2009

(1) In cases of lease or purchase of a In the determination of the reference amount, operations or parts of operations within the meaning of Article 22 of Regulation (EC) No 1120/2009 shall be based on an individual amount only if the subject of the lease or purchase contract is not covered by the are only 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) shall apply accordingly.(2) In the case of applications for payment entitlements in 2005, the calculation of the reference amount shall be calculated in accordance with § 5 (2) (1) and (3) of the Single Payment Act (SPS). 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 agreement or the sales contract is also subject to an individual milk reference quantity, an individual amount of the individual milk reference shall be calculated for this purpose in accordance with § 5 (2) (2) and (3) of the Single Payment Act (SPS), provided that the amount of the individual milk reference quantity is the farmer is not already 31 years old. The report is available in 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 an additional amount of the individual amount of tobacco in accordance with § 5 (4c) of the Act on the Payment of Premiums.(3) In the case of applications for payment entitlements from 2006 onwards, the reference amount shall be determined by the amount of the individual amount of the individual in question referred to in the first sentence of the second sentence of paragraph 2, including the amount of the amount resulting from Article 5 (4) (1) of the Act on the implementation of the payment of the single payment Amount 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 a leased sugar beet, an individual sugar basic amount will be used for this purpose in accordance with Section 5 (4) (3) of the Act on the implementation of the SPS, including that of Section 5 (4a) of the Act. Under the terms and conditions referred to in this Regulation, the Single Payment Act shall be determined, unless the farmer himself/herself is up to 30%. It was possible to conclude a contract within the meaning of Section 5a (2) sentence 1 or 2 of the Single Payment Enforcement Act (SPS) in June 2006. 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 based on § 5c of the Single Payment Act (SPS).(3a) By way of derogation from the fifth sentence of paragraph 3, from the year 2008 onwards, the areas referred to in
1.
for the lease or in the case of the Purchase
a)
as orchard or
b)
with reb or tree cultures
used as permanent cultures and
2.
after the 15. In accordance with Section 5 (4b) of the Act on the Act of Payment of the Payment Act, a
amount is calculated as part of the reference amount 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 reference amount shall be determined in accordance with the first, second, fourth and fifth sentences of paragraph 3 and paragraph 3a, including the amount resulting from § 5 (4c) of the SPS.(5) § 14 (6) and (7) shall apply accordingly.(6) lease contracts shall only be considered if they have
1.
completed in writing and after the Provisions of the Landpachtverkehrsgesetz (land-law traffic law) by 15. June 2004, or
2.
has been completed orally and in accordance with the provisions of the Landlease Transport Act no later than 15.
Footnote " (+ + + + § 16: For further application in the version in force on 10 May 2010, see)

Footnote

(+ + + § 16). § 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
(omitted)

Non-tampering table of contents

§ § 18a to 18c (omitted)

Section 5
Final Provisions

Non-tamtable table of contents

§ 19 (omitted)

Footnote

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

§ 20 Competent administrative authority

Administrative authority within the meaning of the Law on the Law of the Market and Section 36 (1) (1) of the Code of Administrative Offences shall be subject, within the framework of this Regulation, to the acts referred to in § 1, which shall: The law of the market organisation and this regulation are carried out by the Länder, subject to a regulation in accordance with the fourth sentence of Article 38 (3) of the German Market Organisation Act.

footnote

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

§ 21 Transitional regulation

The one with the regulation of 7. The provisions of this Regulation raised, replaced or amended in May 2010 shall be
1.
on applications which: before the 11. May 2010, and their handling as well as
2.
on before the 11. May 2010, on the 10th of May 2010
May 2010 continue to be applied. Nonofficial table of contents

§ 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, see § 21 F 2010-05-07 + + +)