Law on the implementation of direct payments to farmers under support schemes of the common agricultural policy (direct payments law-implementing act-direct payment through)

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Direct Payment Average

Date of completion: 09.07.2014

Full quote:

" Direct Payment Implementing Act of 9 July 2014 (BGBl. 897), which is provided by Article 5 of the Law of 2 December 2014 (BGBl. I p. 1928) "

Status:

Amended by Art. 5 G v. 2.12.2014 I 1928

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 16.7.2014 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EUV 1307/2013 (CELEX Nr: 32013R1307) + + +) 

  

Section 1
General and common provisions

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§ 1 Scope

(1) This Act is for the implementation of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 laying down rules for direct payments to farmers under support schemes the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 145, 31.5.2009, p. 608), as amended, and the acts adopted by the European Union within the framework of this Regulation and its implementation. (2) This Act is a law within the meaning of Article 1 (2) (4) of the European Union. the law of the market organisation with the measures that:

1.

shall apply only to the provisions of the First and Second Section and to Sections 33 and 36 of the Market Organisation Act, insofar as they relate in each case to the granting of special advantages,

2.

Legal regulations on the basis of the provisions referred to in paragraph 1 shall always require the consent of the Federal Council,

3.

Legal regulations may also be adopted on the basis of the provisions referred to in paragraph 1 in order to carry out the rules referred to in Article 1 (1) in the appropriate manner, including the exercise of the acts referred to in paragraph 1 of the European Union options for the Member States in so far as the exercise of the options for the implementation of the rules within the meaning of Article 1 (1) is relevant, unless otherwise provided for in this Act.

Point 3 (3) does not apply to the introduction of direct payments and to flexibility between the pillars of the common agricultural policy of the European Union. Unofficial table of contents

§ 2 permanent pasture

Permanent pasture as defined in Article 4 (1) (h) of Regulation (EU) No 1307/2013 shall also apply to areas which may be grazed and constitute part of the established local practices, where grass and other green fodder plants are have traditionally not predominated in grazing areas. Unofficial table of contents

§ 3 Exceeding of the net upper limit

(1) If the total amount of direct payments to be granted, without prejudice to the application of Article 8 of Regulation (EU) No 1307/2013, is the upper limit (net upper limit) listed in Annex III to Regulation (EU) No 1307/2013 for Germany , all direct payments to be granted for each year shall be reduced in a linear manner in order to comply with the net upper limit. (2) In this case, the Federal Ministry of Food and Agriculture shall do the same for the year in question (3) The competent authorities shall inform the competent authorities of the Federal Ministry of Food and Agriculture each year the sum of the direct payments to be granted for each year, subject to the application of paragraph 1. Unofficial table of contents

§ 4 Non-application of Article 11 (1) of Regulation (EU) No 1307/2013

Article 11 (1) of Regulation (EU) No 1307/2013 is not applied. Unofficial table of contents

§ 5 Redeployment of funds

4.5 per cent of the annual national ceilings fixed for Germany for the calendar years 2015 to 2019 in accordance with Annex II to Regulation (EU) No 1307/2013 shall be added as an additional support for measures under the programming of the Rural development subject to the conditions laid down in Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on the promotion of rural development by the European Agricultural Fund for Rural Development (EAEC) Development of rural areas (EAFRD) and repealing Regulation (EC) No 1698/2005 (OJ L 327, 30.11.2005, p. 487), as amended by the European Agricultural Fund for Rural Development, is provided for in the current version.

Section 2
Schemes for individual direct payments

Subsection 1
Basic premium scheme

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§ 6 Increase in the national ceiling for the basic premium scheme

(1) The national ceiling for the basic premium scheme will be increased from 2015 for each year by an amount equal to 0.5 per cent of the amount determined in Article 22 (2) of Regulation (EU) No 1307/2013. (2) The Federal Ministry for food and agriculture is authorized, by means of a regulation with the consent of the Bundesrat, to adjust the percentage referred to in paragraph 1 for the years from 2016 onwards, in order to:

1.

to achieve a higher absorption of the net upper limit, or

2.

to avoid exceeding the net upper limit.

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§ 7 National Reserve

(1) For the establishment of the national reserve, the national ceiling for the basic premium scheme applicable for 2015 shall be reduced in a linear manner by a percentage determined in accordance with paragraph 2. (2) The need for funds as determined in accordance with paragraph 3 for the allocation of payment entitlements from the national reserve for the year 2015 will be divided by the national ceiling for the basic premium scheme applicable for 2015, the resulting value shall be multiplied by a factor of 100 which shall be: The result is rounded up to a decimal place and added the number 0.5. The result, but not more than the percentage allowed under Article 30 (3) of Regulation (EU) No 1307/2013, shall be the percentage referred to in paragraph 1. (3) The competent authorities shall inform the Federal Ministry of Food and Agriculture by 15. The number of payment entitlements requested for allocation from the national reserve for the year 2015 shall be the same as in August 2015. The amount required is the sum of the sum of the figures notified in accordance with the first sentence with a value of 180 euros. (4) The Federal Ministry of Food and Agriculture makes known the percentage referred to in paragraph 1 in the Federal Gazette. Unofficial table of contents

Section 8 Application of the basic premium scheme for the years 2015 to 2018

(1) The basic premium scheme shall be applied at regional level for the years 2015 to 2018. (2) For the application of the rules on the basic premium scheme, the territory of each country shall be a region for the years 2015 to 2018. By way of derogation from the first sentence, the territory of the Länder of Brandenburg and Berlin, Lower Saxony and Bremen, as well as Schleswig-Holstein and Hamburg, respectively, forms a region. Unofficial table of contents

Section 9 Regional breakdown of the annual national ceiling

(1) The annual national ceiling for the basic premium scheme shall be allocated to the regions for the years 2015 to 2018 in accordance with paragraphs 2 to 5. (2) For the year 2015, the remaining part of the national premium shall be the national percentage remaining after application of Section 7. The ceiling for the basic premium scheme for the regions is divided as follows: the number of applications for payment requested per region without requests for payment from the national reserve shall be allocated to the region in the installation for the region in question for each region. Year 2015 multiplied by a factor of 2015 (region sum 2015). The 2015 region totals for all regions are added (federal total 2015). The share of a region in the premium volume to be distributed is due to the division of the respective region sum 2015 by the federal sum 2015. The respective regional ceiling for 2015 is obtained by multiplying the volume of premiums to be distributed with the share of the region thus determined. (3) For the year 2016, the share remaining after deduction of the value of the national reserve shall be determined. the national ceiling for the basic premium scheme shall be divided among the regions as follows: for each region, on the basis of the value of the payment entitlements announced in accordance with Article 12 (1) for the year 2016 for the region concerned, the Total value of allocated payment entitlements to be activated in 2016 with the exception of Payment claims from the national reserve, which were not already activatable in 2015, determined (region value 2016). The 2016 region values for all regions are added (Federal Value 2016). The share of a region in the premium volume to be distributed is obtained by dividing the respective region value in 2016 by the federal value of 2016. The respective regional ceiling for 2016 is obtained by multiplying the volume of premiums to be distributed with the share of the region thus determined. (4) For the year 2017, the share remaining after deduction of the value of the national reserve will be added. the national ceiling for the basic premium scheme for the regions is divided as follows: the number of allocated payment entitlements per region in 2017, with the exception of the payment entitlements from the national reserve, which are not already in the year 2016, will be activated with the for the respective region in the plant for the Year 2017 multiplied by factor (region sum 2017). The 2017 region totals for all regions are added (federal total 2017). The share of a region in the premium volume to be distributed results from the division of the respective region total in 2017 by the Federal Total of 2017. The respective regional ceiling is obtained by multiplying the volume of premiums to be distributed with the share of the region thus determined. (5) For the year 2018, the share of the national reserve remaining after deduction of the value of the national reserve shall be determined. the national ceiling for the basic premium scheme for the regions is divided as follows: the number of allocated payment entitlements per region in 2018, with the exception of the payment entitlements from the national reserve, which are not already in the year 2017, will be activated with the one for the respective region in the plant for the year 2018 fixed factor (region sum 2018). The 2018 region totals for all regions are added (federal total 2018). The share of a region in the premium volume to be distributed is due to the division of the respective region sum 2018 through the Federal sum 2018. The respective regional ceiling is obtained by multiplying the volume of premiums to be distributed with the share of the region thus determined. (6) The competent authorities shall inform the Federal Ministry of Food and Agriculture annually until on 1 November, the number of payment entitlements for each region relevant to the calculation referred to in paragraphs 2 to 5 for the year in question. (7) The Federal Ministry of Food and Agriculture makes the Years 2015 to 2018 in each case the regional ceilings for the basic premium scheme in the Federal Gazette. Unofficial table of contents

§ 10 End of regional application of the basic premium scheme

With effect from 1 January 2019, the regional application of the basic premium scheme will be terminated. Unofficial table of contents

Section 11 Initial allocation of payment entitlements

Payment entitlements shall also be allocated to farmers in the presence of the conditions referred to in the third subparagraph of Article 24 (1) of Regulation (EU) No 1307/2013 in the second indent of point (a) and in the letter (b) and c. cases. Unofficial table of contents

§ 12 Value of payment entitlements

(1) The information referred to in Article 25 (10) of Regulation (EU) No 1307/2013 on the value of payment entitlements shall be provided by the Federal Ministry of Food and Agriculture (Bundesanzeiger) in the Federal Gazette. (2) At the same time as the Federal Ministry of Food and Agriculture (2) For the period 2016 to 2019, the Federal Ministry of Food and Agriculture shall publish the estimated value of the payment entitlements, which shall be taken into account for each year in application of the provisions of Article 1 (1) of the and of the acts adopted and implementing them at the time of the (3) Payment entitlements to be allocated or allocated from the National Reserve shall have the same value as the other payment entitlements. For the years 2015 to 2018, this is the value of the other payment entitlements in the respective region. (4) The Federal Ministry of Food and Agriculture makes the value for each of the years 2016 to 2018 before the 1st of December of each year the payment entitlements resulting for each year in the application of the acts referred to in Article 1 (1) and the national provisions adopted for their implementation and implementation shall be known for each region in the Federal Gazette. (5) Federal Ministry of Food and Agriculture makes the year 2019 the value of Payment entitlements resulting from the application of the acts referred to in Article 1 (1) and the national provisions adopted for their implementation and implementation shall be known in the Federal Gazette before 1 December of each year.

Subsection 2
Payment for climate and environmental protection Eligible land management methods

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§ 13 Payment amount

(1) The Federal Ministry of Food and Agriculture makes the national payment amount per hectare for the payment for climate protection and environmental protection beneficial land management methods pursuant to the second subparagraph of Article 43 (9) of the Regulation (EU) No 1307/2013 each year in the Federal Gazette (Bundesanzeiger). (2) The competent authorities shall inform the Federal Ministry of Food and Agriculture every year until 1 November the total number of hectares eligible for aid in the Federal Republic of Germany, which shall be in of the region concerned in accordance with Article 33 (1) of Regulation (EU) No 1307/2013 have been registered this year, for each region. Unofficial table of contents

§ 14 Exclusion of equivalent methods

A farmer may not apply equivalent methods in accordance with the provisions of Article 43 (3) of Regulation (EU) No 1307/2013. Unofficial table of contents

§ 15 permanent pasture in certain areas

(1) The permanent pasture existing on 1 January 2015, which is situated in the areas referred to in the first subparagraph of Article 45 (1) of Regulation (EU) No 1307/2013, shall be the permanent pasture of the environment sensitive to the environment as far as the territories are included on 1 January 2015. in accordance with Article 4 (2), third subparagraph, of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). (2) Paragraph 1 shall not apply to areas subject to an obligation on the date referred to in that paragraph

1.

on decommissioning in accordance with Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods which protect the environment and the natural environment (OJ L 327, 22.12.1992, p. 85), as amended,

2.

on the conversion of arable land into grassland, in accordance with Article 39 of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for the development of the rural environment rural area (EAFRD) (OJ C 327, 1), as amended, or

3.

on the maintenance of grassland, which is required by the transformation of arable land in grassland within the framework of an obligation to

a)

Regulation (EEC) No 2078/92,

b)

Articles 22 to 24 of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and/or amending Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development (EAGGF) Repeal of certain regulations (OJ C 3 80), as amended, or

c)

Article 39 of Regulation (EC) No 1698/2005

, and has since been the subject of an ongoing commitment to maintain grassland in accordance with the provisions referred to above or Article 28 of Regulation (EU) No 1305/2013.

(3) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, to regulate within the meaning of Article 1 (1) of this Regulation in order to ensure the preservation of the To carry out permanent pasture properly, by means of a legal regulation with the consent of the Federal Council in the event of non-compliance with the obligation laid down in the third subparagraph of Article 45 (1) of Regulation (EU) No 1307/2013

1.

provisions relating to the obligation of the holder to reconvert or re-establish converted or ploughed permanent pasture,

2.

to regulate the principles relating to measures for reconversion or re-installation,

3.

provisions concerning the procedure to be adopted.

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Section 16 Maintenance of the permanent pasture

(1) The maintenance of the share of the permanent pasture in the total agricultural area (permanent pasture share) in accordance with Article 45 (2) of Regulation (EU) No 1307/2013 shall be maintained in accordance with legal regulations pursuant to paragraph 2 and § § 17 at regional level. Region is the territory of each country. By way of derogation from the second sentence, the territory of the Länder of Brandenburg and Berlin, Lower Saxony and Bremen, as well as Schleswig-Holstein and Hamburg, respectively, is one region as long as the respective countries receive the direct payments via a single paying agency. (2) The Federal Ministry of Food and Agriculture is authorized to carry out regulations within the meaning of Section 1 (1) in a proper manner, by means of a legal regulation with the consent of the Federal Council, the precise method for determining the Permanent pasture, which shall be maintained in accordance with the acts referred to in Article 1 (1), and for the determination or adaptation of the reference part referred to in the first subparagraph of Article 45 (2) of Regulation (EU) No 1307/2013. The competent authorities make the relevant reference part of the Federal Gazette (Bundesanzeiger) known. (3) Permanent pasture land may only be converted with permission. Approval is granted

1.

in the case of permanent pasture arising from agri-environmental measures pursuant to Regulation (EC) No 1257/1999 or Regulation (EC) No 1698/2005 or agri-environment-climate measures pursuant to Regulation (EU) No 1305/2013,

2.

in the case of, inter alia, permanent pasture as the one referred to in paragraph 1, which has been newly created from 2015,

3.

in the case of a permanent pasture other than the one referred to in points 1 and 2, where another area with the corresponding number of hectares shall be established as permanent pasture in the same region referred to in paragraph 1.

By way of derogation from the second sentence of point 2, permanent pasture shall be established on the basis of:

1.

of rules on the conservation of the permanent pasture in respect of the payment of agricultural land management methods for climate and environmental protection, or

2.

of provisions relating to the maintenance of the permanent pasture for the implementation of Article 6 (2) of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes under the common agricultural policy and with , 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, 31.10.2007, p. 16), as amended or in Article 96 (3) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and control system of the Common agricultural policy and repealing Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 145, 31.5.2008, p. OJ L 347, 20.12.2013, p. 549), as amended

, permanent pasture within the meaning of the second sentence of sentence 3. By way of derogation from the second sentence of point 3, the authorisation shall be granted without obligation to replant permanent pasture where this is not the case.

1.

for reasons of public interest, or

2.

in order to avoid unreasonable hardship, while considering the legitimate individual interests and the interests of nature and environmental protection

is required. However, a permit referred to in the second sentence, including in conjunction with the fourth sentence, shall not be granted where other legislation is contrary to a conversion or where the farmer has obligations to public authorities which have been converted into a conversion (4) As soon as the percentage of permanent pasture in a region determined in accordance with Article 45 (2) of Regulation (EU) No 1307/2013 has decreased by more than 5 per cent compared to the reference share made known in accordance with the second sentence of paragraph 2, the competent authority is aware of this in the Federal Gazette. (5) From the date of the notice in accordance with paragraph 4, no authorisations under paragraph 3 may be granted in the region concerned, unless otherwise specified in a Regulation on the basis of Section 17 (3). Unofficial table of contents

§ 17 Authorisations for the maintenance of the permanent pasture

(1) § 16 (3) and (5) and the following paragraphs shall not apply to permanent pasture, which is subject to the obligation laid down in the third subparagraph of Article 45 (1) of Regulation (EU) No 1307/2013. (2) The Federal Ministry of Food and Agriculture shall authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, to carry out, in an appropriate manner, regulations within the meaning of Article 1 (1), in order to ensure the maintenance of the permanent pasture share, by Ordinance with the consent of the Federal Council to enact regulations for approval pursuant to § 16 (3) on

1.

supplementary schemes for the new establishment of permanent pasture elsewhere in the same region in accordance with Article 16 (1),

2.

the procedure.

(3) The Federal Ministry of Food and Agriculture is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, to establish rules within the meaning of Article 1 (1) to ensure the maintenance of the To carry out permanent pasture in a proper way, by means of a legal regulation with the consent of the Bundesrat, to provide that permanent pasture may be converted with authorization in the case of § 16 paragraph 5 and rules on the granting of the authorisation for one or more of the case designs referred to in Article 16 (3), sentence 2 to 4, . The legal regulations referred to in the first sentence may in particular include:

1.

further conditions for the approval of the conversion of permanent pasture land,

2.

Provisions relating to the new establishment of permanent pasture elsewhere in the same region in accordance with Article 16 (1),

3.

Rules governing the procedure.

(4) The Federal Ministry of Food and Agriculture is authorized to carry out regulations within the meaning of Article 1 (1) in order to ensure the maintenance of the permanent pasture land, by means of a legal regulation with the consent of the Federal Ministry of Food and Agriculture. Federal Council to adopt provisions on the reconversion of other converted permanent pasture land as the permanent pasture land referred to in Article 15 (1), to the extent that:

1.

the conversion against

a)

§ 16 (3) or (5), or

b)

a legal regulation as referred to in paragraph 2 or 3

is or is not

2.

the share of land with permanent grassland at the level of the region concerned has decreased by more than 5 per cent compared with the reference share.

These rules may include in particular:

1.

provisions concerning the obligation of the farmer to reconvert converted permanent pasture;

2.

Principles on measures to be used for reconversion,

3.

provisions relating to the procedure,

4.

provisions to determine the extent of the areas to be re-converted,

5.

Provisions concerning the possibility of a new establishment of permanent pasture elsewhere in the same region in accordance with Article 16 (1).

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§ 18 Land use in environmental interest

(1) Surfaces used in the environmental interest shall, subject to paragraphs 2 to 4 and a regulation pursuant to paragraph 5, first sentence, point 1 or 2, be the types of land referred to in Article 46 (2) of Regulation (EU) No 1307/2013. (2) Weighting factors for the calculation of the total area of the areas of the holding used in the environmental interest in accordance with Article 46 (3) of Regulation (EU) No 1307/2013 are the values set out in Annex X to Regulation (EU) No 1307/2013. The area referred to in Article 46 (2) (i) of Regulation (EU) No 1307/2013 Subject to a legal regulation pursuant to paragraph 5, first sentence, point 1, the area shall be considered to be the area used in the environmental interest in respect of further criteria, if:

1.

in the application year following the harvest of the preculture, neither chemical-synthetic plant protection products nor mineral nitrogen fertilizers nor sewage sludge are used,

2.

in the case of the sowing of a mixture of cultivated plants, it consists of at least two species, and

3.

in the case of sowing of a mixture of crop plants, after harvesting the pre-crop in the same calendar year and at the latest by 1. 10 October.

(4) An area of the area referred to in Article 46 (2) (j) of Regulation (EU) No 1307/2013 shall, subject to a regulation on the basis of paragraph 5, first sentence, point 1, be considered as having regard to further criteria than that in the environmental interest (5) The Federal Ministry of Food and Agriculture shall be authorized to use the following information: Agreement with the Federal Ministry for the Environment, Nature Conservation, Building and Reactor safety in order to carry out regulations within the meaning of Section 1 (1) in a proper manner, by means of a legal regulation with the consent of the Federal Council to adopt provisions on

1.

the establishment of further criteria for the classification of the types of land referred to in paragraph 1 as areas used in the environmental interest;

2.

the definition of areas other than those referred to in Article 46 (2) of Regulation (EU) No 1307/2013, as defined in a European Commission act in accordance with Article 46 (9) (b) of Regulation (EU) No 1307/2013 , than areas used in the environmental interest, including the establishment of further criteria for the classification of these types of land as areas used in the environmental interest,

3.

the use of conversion factors for the calculation of the total area of the area of the holding used in the environmental interest.

The authorization referred to in point 1 of the first sentence shall apply to areas of the type of land referred to in Article 46 (2) (j) of Regulation (EU) No 1307/2013 for criteria relating to the use of fertilisers and plant protection products with the The proviso that only arrangements for the reserved area are made which allow a starting fertilisation and plant protection according to good professional practice.

Subsection 3
Payment for young farmers

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§ 19 Amount and maximum limit

(1) The amount of the annual payment for young farmers shall be calculated on a national basis in accordance with the provisions of Article 50 (6) (b) of Regulation (EU) No 1307/2013. (2) The payment for young farmers shall be paid to a farmer for the number of young farmers. (3) The competent authorities shall inform the Federal Ministry of Food and Agriculture by 1 November 2015 of the number of all eligible hectares, which shall be in the year 2015. in accordance with Article 33 (1) of Regulation (EU) No 1307/2013. (4) The Federal Ministry of Food and Agriculture is aware of the amount of the payment for young farmers in the Federal Gazette. Unofficial table of contents

Section 20 The percentage of the national ceiling to be used

(1) For the payment of young farmers, 1 per cent of the annual national ceilings set for Germany are used in accordance with Annex II to Regulation (EU) No 1307/2013. (2) The competent authorities shall inform the Federal Ministry of Food (3) Without prejudice to the use of other uses of the national reserve for the benefit of the national reserve for the period of The basic premium scheme referred to in Article 30 (7) of Regulation (EU) No 1307/2013 the national reserve shall be used to meet the needs referred to in Article 51 (2) of Regulation (EU) No 1307/2013. The use referred to in the first sentence shall take precedence over the use referred to in Article 30 (7) (e) of Regulation (EU) No 1307/2013 and shall be subordinated to all other uses. (4) Appeal in the presence of the conditions referred to in Article 51 (2) of the Regulation Regulation (EU) No 1307/2013 does not exclude the use of the national reserve referred to in paragraph 3 in order to meet the necessary financing requirements, the payments for the basic premium in the year in question shall continue to be made in order to meet this requirement. required in linear terms. The Federal Ministry of Food and Agriculture makes known a reduction in the Federal Gazette (Bundesanzeiger). (5) If the conditions of Article 51 (3) of Regulation (EU) No 1307/2013 are met, the payment for young farmers in the Federal Gazette shall be made available in the Federal Gazette. calculated in a linear manner calculated in accordance with this provision. The Federal Ministry of Food and Agriculture makes a reduction in the Federal Gazette (Bundesanzeiger) to be applied. (6) The Federal Ministry of Food and Agriculture is authorized to apply the provisions of § 1 (1) of the German Federal Ministry of Food and Agriculture To amend acts by means of a regulation, with the consent of the Federal Council, to modify the percentage referred to in paragraph 1 as a function of future needs estimated on the basis of statistical data.

Subsection 4
Redistribution premium

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Section 21 Redistribution premium

A farmer shall receive an annual payment, on request, in accordance with Article 41 (1) of Regulation (EU) No 1307/2013 (redistribution premium) in accordance with this subsection. (2) The redistributive premium shall be granted in a uniform manner.

1.

the activated payment entitlement of a holder of a maximum of 46 payment entitlements (eligible payment entitlements), divided into the group of the first 30 of the payment entitlements to be considered Eligible payment entitlements (Group 1) and the Group of 16 further payment entitlements eligible for consideration (Group 2) and

2.

on the basis of the determination of an amount per payment claim of Group 1 and of an amount per payment claim of Group 2 in accordance with § 22.

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Section 22 Financial volume and amounts

(1) For the determination of the amount per payment claim of Group 1 and of the amount per payment claim of Group 2, a total amount of 7 per cent of the amount in Annex II to Regulation (EU) No 1307/2013 for Germany for the respective year shall be: (2) The amount per payment entitlement of Group 1 shall be obtained by dividing the financial volume referred to in paragraph 1 by the sum of the total number of payment entitlements eligible for consideration. Payment entitlements of Group 2 are taken into account by a factor of 0.6 in the formation of the sum of the total number of payment entitlements which are eligible for consideration. (3) The amount per payment claim of Group 2 has the amount of 60 per cent of the amount of the sum of the amount according to the amount of the sum of the total number of payment entitlements. (4) For each year the Federal Ministry of Food and Agriculture makes known the amount per payment claim of Group 1 and the amount per payment claim of Group 2 in the Federal Gazette. Unofficial table of contents

Section 23 Duty of notification

Until 1 November each year, the competent authorities of the Länder shall inform the Federal Ministry of Food and Agriculture of the sum of the payment entitlements which are capable of taking into account the payment of the payment. Payment entitlements of Group 2 shall be taken into account by a factor of 0.6 in the formation of the sum of the payment entitlements eligible for consideration. Unofficial table of contents

Section 24 Other provisions

The granting of a redistributive premium shall be excluded if a farmer is in operation after the 18. It has been proven that October 2011 has broken down only for the purpose of benefiting from the redistributive premium. This shall also apply to a payment to a farmer whose holding has resulted from such a split.

Subsection 5
Small-scale production

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Section 25 Application of small-scale producers

The small-producer scheme referred to in Title V of Regulation (EU) No 1307/2013 shall be applied to the payment modality referred to in Article 63 (2), first subparagraph, point (a) of Regulation (EU) No 1307/2013. The amount to be granted to a participating farmer shall not exceed EUR 1 250 for each year.

Section 3
Final provisions

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Section 26 Further appropriations

The Federal Ministry of Food and Agriculture is authorized, with the consent of the Federal Council, by means of a legal regulation

1.

To amend the provisions of Regulation (EU) No 1307/2013 or Regulation (EU) No 1305/2013 in this Act to the extent necessary to adapt them to changes in these provisions,

2.

provisions of this Act, or to adapt it in its wording to a remaining area of application, to the extent that they have become inapplicable by the adoption of appropriate provisions in regulations of the European Union.

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§ 27 Federal Institute for Agriculture and Food

The Federal Institute for Agriculture and Food may be designated as the competent authority in the case of legal regulations on the basis of the provisions referred to in § 1 (2), first sentence, point 1, or pursuant to this Act. Unofficial table of contents

Section 28 Announcement of legal regulations

By way of derogation from § 2 (1) of the German Federal Gazette (Federal Gazette), legal orders under this Act may be announced. Unofficial table of contents

Section 29 Entry into force

This Act shall enter into force on the day following the date of delivery. Unofficial table of contents

Annex (to § 9 (2), (4) and (5))

(Fundstelle: BGBl. I 2014, 905)
The regional factor for the year 201520172018

Baden-Württemberg	0.8974	0.9316	0.9658
Bavaria	1,0492	1,0328	1,0164
Brandenburg and Berlin	0.8884	0.9256	0.9628
Hesse	0.8717	0.9145	0.9572
Mecklenburg-Vorpommern	0.9682	0.9788	0.9894
Lower Saxony and Bremen	1,0654	1,0436	1,0218
North Rhine-Westphalia	1,0456	1,0304	1,0152
Rhineland-Palatinate	0.8590	0.9060	0.9530
Saarland	0.8594	0.9062	0.9531
Saxony	1,0428	1,0286	1,0143
Saxony-Anhalt	1,0410	1,0274	1,0137
Schleswig-Holstein and Hamburg	1,0434	1,0289	1,0145
Thuringia	1,0102	1,0068	1.0034