Regulation On The Implementation Of Direct Payments To Farmers In The Framework Of The Common Agricultural Policy Support Schemes

Original Language Title: Verordnung zur Durchführung der Direktzahlungen an Inhaber landwirtschaftlicher Betriebe im Rahmen von Stützungsregelungen der Gemeinsamen Agrarpolitik

Read the untranslated law here: http://www.gesetze-im-internet.de/direktzahldurchfv/BJNR169000014.html

Ordinance for the implementation of direct payments to farmers in the context of support schemes in the common agricultural policy (direct payments regulation - DirektZahlDurchfV) DirektZahlDurchfV Ausfertigung date: 03.11.2014 full quotation: "direct payments regulation of 3 November 2014 (Federal Law Gazette I p. 1690), by article 1 of the Decree of the 10th July 2015 (BAnz." (2015 at 13.07.2015 v1) has been modified "status: amended by art. 1 V v. 8.5.2015 BAnz AT 11.05.2015 V1 Note: amended by art. 1 V v. 10.7.2015 BAnz AT 13.07.2015 V1 lyrics assigned to, edited documentary has not conclusively about the stand number you see in the menu see remarks footnote (+++ text detection from: 14.11.2014 +++) (+++ official note of the standard authority on EC law: implementing the TEU 1307/2013 (CELEX Nr)) : 32013R1307) cf. § 1 +++) input formula's Decree on basic - article 6, paragraph 1 paragraph 2 in conjunction with paragraph 4 sentence 1 and of article 8 paragraph 1 sentence 1 in conjunction with sentence 2 number 1, 2 and 4 of the market organisation act as amended by the notice of June 24, 2005 (BGBl. I S. 1847), of which article 6 paragraph 1 and 4, and article 8 paragraph 1 by article 1 of the law of July 29, 2009 (BGBl. I S. 2314) has been modified are, in conjunction with article 1(2) and section 27 of the direct payments implementation Act of July 9, 2014 (BGBl. I p. 897), and in conjunction with article 1(2) of the jurisdiction adjustment Act of 16 August 2002 (BGBl. I p. 3165) and the Organization Decree of 17 December 2013 (BGBl. I S. 4310) the Federal Ministry of food and agriculture in agreement with the Federal Ministry of finance and the Ministry of economy and energy : - the section 16 paragraph 2 sentence 1 and § 17 paragraph 4 of the direct payments implementation Act of July 9, 2014 (BGBl. I S. 897) the Federal Ministry of food and Agriculture: - article 15, paragraph 3, article 17, paragraph 2 and 3 and of the section 18 paragraph 5 sentence 1 Nos. 1 and 3 in connection with sentence 2 of the direct payments implementation Act of July 9, 2014 (BGBl. I p. 897) the Federal Ministry of food and agriculture in agreement with the Federal Ministry for the environment , Nature conservation, construction and reactor safety: part 1 General provisions section 1 scope the requirements of this Regulation apply to carry out 1 of the Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 2013 with rules on direct payments to farmers in the scope of support schemes in the common agricultural policy and repealing Regulation (EC) No 637 / 2008 of the Council and Regulation (EC) No 73/2009 of the Council (OJ L 347 of the 20.12.2013, p. 608) in the currently valid version, 2. the acts adopted within the framework of the regulation referred to in paragraph 1 and to carry them out of the European Union, and 3 of the payments implementation Act.

§ 2 a agricultural activity (1) agricultural activity within the meaning of article 4 paragraph 1 letter c under letter ii or iii to Regulation (EU) No. 1307/2013 on an agricultural area throughout the year, for the a request for direct payment is made, not for an agricultural activity within the meaning of article 4 paragraph No. 1307/2013 used 1(c) under letter i of to Regulation (EU) that is, if the farmer mows the nursery once during the year 1 and departs the forage or 2nd crushed the generation and distributed over the entire surface.
(2) the authority competent under national law may, insofar as this is justified for conservation or environmental conservation reasons, at the request of derogations from paragraph 1, authorise and 1 carrying out one of the in paragraph 1 number 1 and 2 activities referred to only in every second year, 2. annual or biennial performing of any other activity than that of in paragraph 1 referred to in number 1 and 2.
In the case of sentence 1 shall apply measures 1 in plans and projects for maintenance, development and restoration measures to implement a) directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20 of 26.1.2010], p. 7) amended or b) of Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and Flora (OJ L 206 of the 22.7.1992, p. 7) in the currently valid version or 2. in agreements in the context of nature conservation programmes and agri-environmental and climate response measures of the countries or recognised by the Federal Government or land conservation Association as approved if an activity on the concerned area making at least in every second year.
(3) by way of derogation from paragraphs 1 and 2 is an agricultural activity within the meaning of article 4 paragraph 1 letter c under letter ii of to Regulation (EU) No. 1307/2013 in an agricultural area, which is provided throughout the year, for the a request for direct payment, paragraph 1 letter c under letter i of to Regulation (EU) No. 1307/2013 is not used for an agricultural activity within the meaning of article 4 , also before, when the farmer for this area is subject to the obligations of an agri-environmental and climate change measures of the countries, whose Voraussetzungen when carrying out an activity under paragraph 1 or paragraph 2 sentence 1 are no longer met, but ensure that the surface in a condition suitable for grazing and cultivation is maintained, and the holder complies with the requirements of this measure.

§ 3 Niederwald with short rotation the Bosk species for Niederwald with short rotation into account, including the indication of the permitted types for surfaces used in the environmental interest, and whose maximum harvest cycles are set out in Appendix 1.

Section 4 minimum requirements for obtaining direct payments direct payments will be in the case of article 10 paragraph 1 letter b of Regulation (EU) No. 1307/2013 not granted.
Part 2 active holder § 5 supplement the list of article 9 paragraph 2 subparagraph 1 of Regulation (EU) No. 1307 / 2013 listed companies and activities (1) in addition to article 9 paragraph 2 subparagraph 1 of Regulation (EU) No. 1307/2013 be granted to natural or legal persons or associations of natural or legal persons involved in mining, no direct payments.
(2) mining within the meaning of paragraph 1 operates, who one which carries number 1 and 2 of the Federal Mining Act designated activities on their own account in § 2 paragraph 1 or to perform.

§ 6 application of article 9 (4) of Regulation (EU) No. 1307/2013 the amount referred to in article 9 paragraph 4 of Regulation (EU) being no. 1307/2013 amounting to EUR 5 000 fixed.

§ 7 significant agricultural activities (1) by way of derogation from article 13 paragraph 1 subparagraph 1 and 2 of the delegated Regulation (EU) No. 639 / 2014 of the Commission from March 11, 2014, supplementing Regulation (EU) No. 1307/2013 of the European Parliament and of the Council laying down rules on direct payments to farmers within the framework of the common agricultural policy support schemes and amending Annex X of to that Regulation (OJ L 181 of the 20.6.2014, p. 1) in amended paragraph 2 are point (b) of Regulation (EU) for the purposes of article 9 paragraph 3 No. 1307 / 2013 agricultural activities significantly, if the eligible agricultural area of operation, the 1st of the applicant in the application for direct payments for the year in question has specified and 2. the applicant, except in cases of force majeure or exceptional circumstances , with the deadline of submission available, amounts to at least 38 hectares.
(2) paragraph 2 are by way of derogation from paragraph 1 for the purposes of article 9 paragraph 3 point (b) of Regulation (EU) No. 1307/2013 for farmers with attitude of equidae referred to in Appendix 2 in lines 1 and 2, including pension keeping such animals, (2) of Regulation (EU) No. 1307/2013 belonging exclusively on the basis of operation of permanent sports or recreational facilities for the use of such animals to the Group of persons laid down in article 9 , agricultural activities in an eligible agricultural area of less than 38 hectares not insignificantly, if in the period from January to April of the year for which an application for direct payments is provided, not more than three livestock units per hectare of eligible agricultural area identified for the purposes of paragraph 1 are kept in the average. For the assessment of livestock units, the conversion key is applied according to annex 2.

§ 8 exercise an agricultural activity as the main activity or business purpose (1) as far as not a proof in the article 13 paragraph 3 subparagraph 1 sentence 1 of the delegated Regulation (EU) No. 639 / 2014 certain type can be presented, is exercising an agricultural activity as the main activity or business purpose within the meaning of article 9 paragraph 2 subparagraph 3 (c) of Regulation (EU) No. 1307/2013 in accordance with the provisions of paragraphs 2 and 3 before.
(2) in the case of a natural person exercising an agricultural activity is considered a main activity or a business purpose, if 1 the exercise of an agricultural activity as the object of the company in the commercial register is registered or 2 is required to have insurance in the old-age pension of farmers.
(3) in the case of other business owners as natural persons exercising an agricultural activity as a main activity or a business purpose, 1 as far as the agricultural practice as a purpose or object of the business owner in another official register established on a statutory basis in the context of a mandatory registration is entered, 2. unless prescribed, an entry referred to in point 1 shall not apply if a) exercising an agricultural activity as the purpose or object of the business owner in another on a legal basis established official register is registered, b) exercising an agricultural activity as a main activity or a business purpose in the social contract in written form, a statute or one of these comparable document which underlies the farmer that is named or c) is required to have insurance in the old-age pension of farmers for one of the members of the business owner in relation to its activities in the operation of the business owner.

§ 9 of national average of direct payments the Federal Agency for agriculture and food (Bundesanstalt) determined for each year starting with the year 2009, the national average of direct payments per hectare referred to in article 12 paragraph 2 subparagraph 2 and 3 and paragraph 4 subparagraph 2 and 4 of the delegated Regulation (EU) No. 639 / 2014 and discloses the amounts in the Federal Gazette.
Part 3 base payment scheme section 1 initial allocation of payment entitlements and use the base payment scheme article 10 availability of eligible hectares (1) the date within the meaning of article 24 paragraph 2 sentence 1 of the Regulation (EU) No. 1307/2013 is the 15 may 2015 (2) the date within the meaning of article 33 paragraph 1 sentence 2 which regulation (EU) No. 1307/2013 is of each relevant under the rules on the integrated administration and control system closing date for the application on direct payments.

§ 11 minimum size a business owner can the establishment of payment entitlements for the base premium only apply, if the eligible hectares of operation are not less than one acre.

§ 12 mainly agricultural use (1) agricultural area, which is also used for non-agricultural activities, is used mainly for farming, when agricultural activity on the surface may be exercised without being by the intensity, type, duration or time of non-agricultural activities in accordance with severely restricted in paragraphs 2 or 3.
(2) a strong restriction of agricultural activity is usually given when 1 the non-agricultural activity leads to a destruction of the crop or turf or a substantial impairment of the vegetation or a significant reduction of income, 2 within the growing season or when used with crops arable land within the growing season in the period between sowing and harvesting a non-agricultural activity, which significantly affects a simultaneous agricultural activity in this period or excludes , longer than 14 consecutive days or a total of more than 21 days per calendar year is performed, 3 by non-agricultural activities the compliance with the obligations to be observed for the direct payments referred to in article 93 of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and the 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 of the Council (OJ L 347 of the 20.12.2013, p. 549) is excluded in the currently valid version, 4. no agricultural production practices more allows a permanent non-agricultural activity.
(3) of whether a face is an agricultural area, in particular the following areas mainly for a non-agricultural activity are without prejudice to used: include 1 except beweidbarer dams in systems serving the maritime area, the facilities for travel, road, rail or ship traffic of persons or vehicles, start serving the aviation and runways, 3 areas that for leisure or recreational purposes or to the sport are used and are set up for this purpose or condition in a for this particular will receive 2. , with the exception of areas used only outside the growing season for winter sports, 4. parks, ornamental gardens, 5 areas on military training areas, where the land is used primarily military, 6 surfaces on which systems to the use of solar radiation energy is located 7 landfills before the decommissioning phase.
Section 2 national reserve § 13 replenishment of the national reserve (1) reaches the national reserve for one of the years after 2015, to the requirement in article 30 paragraph 6, and paragraph 9 of the Regulation (EU) 1307/2013 referred cases to take into account no., be reduced all entitlements for each year by multiplying with the reduction factor referred to in paragraph 2, certain linear to replenish the national reserve.
(2) the reduction factor results by dividing the national ceiling for the basic premium for the year concerned by the sum from 1 the value of all existing payment entitlements for the year prior to application of this paragraph, and 2. the amount which 1307/2013 for the year in question is no. for all according to article 30 paragraph 6, and paragraph 9 of the Regulation (EU) to be allocated to the national reserve of payment entitlements on the basis of the value , for the existing payment entitlements for the years 2016 to 2018 region, referred to in point 1 into account is.
(3) the Federal Ministry of food and agriculture determines the reduction factor referred to in paragraph 2 and shall designate and considered him when referring to section 12 paragraph 4 or 5 of the direct payments implementation Act.

§ 14 the federal jurisdiction is with the exception of § 13 responsible for the monitoring and calculation of funds in the national reserve available.

§ 15 notices the countries share the Federal Agency and the Federal Ministry of food and agriculture to November 1 of the year 1.
confiscated from them in the national reserve payment entitlements per region and 2 from the national reserve to be allocated payment entitlements per region, broken down by article 30 paragraph 6 and 9 of Regulation (EU) No. 1307/2013 and of section 16, with.

§ 16 cases of force majeure or exceptional circumstances referred to in article 30 paragraph 7 (c) of Regulation (EU) No. 1307/2013 (1) is the national reserve used for the allocation of payment entitlements to farmers, as far as them as a result of force majeure or exceptional circumstances under other provisions of title III, Chapter 1 of Regulation (EU) No. 1307/2013 as article 30 paragraph 7 letter c , also in connection with article 11 of the direct payments implementation Act, payment entitlements could not be assigned.
(2) in the case of paragraph 1 a farmer a number of payment entitlements to the extent assigned, for him due to the existence of force majeure or exceptional circumstances under other provisions of title III, Chapter 1 of Regulation (EU) No. 1307/2013 as article 30 paragraph 7 letter c, also in connection with article 11 of the direct payments implementation Act, no payment claims could be assigned.
(3) be a farmer, as far as a year in the national reserve insufficient funds assignment which referred to in paragraph 2 resulting number of payment entitlements are available, payment entitlements in the number assigned to, resulting, by the number of payment entitlements which would be to assign him to in paragraph 2, multiplied by the reduction factor determined by paragraph 4 by way of derogation from paragraph 2.
(4) the reduction factor stems from the Division of the in the national reserve for cases of paragraph 1 to provide outstanding amount by the amount which would result from the national reserve for the allocation of payment entitlements referred to in paragraph 2 as demand for funds. For cases of paragraph 1 the amount in the national reserve available is after the deduction of the needs for the cases referred to in article 30 paragraph 6 and 9 of Regulation (EU) No. 1307/2013 results. The Federal Agency makes known the applicable reduction factor in the Federal Gazette.
(5) is a surface not for 2015 in the case of paragraph 1 eligible, the payment entitlements are assigned to the holder in the year, in the area for the first time the basic premium may be granted for. Article 14 of the delegated Regulation (EU) No 639 / 2014 applies mutatis mutandis.

section 16a allocation of payment entitlements (1), section 11 shall apply mutatis mutandis for the allocation of payment entitlements from the national reserve.
(2) the allocation of payment entitlements within the meaning of article 30 (6) of Regulation (EU) No. 1307/2013 is for a farmer not more than once.
Part 4 payment for the climate and environmental protection beneficial land management practices section 1 growing diversification § 17 growing diversification (1) for the calculation of interest of different cultures (1) of Regulation (EU) No. 1307/2013 is pursuant to article 44 of the period from June 1 to July 15 takes into account.
(2) without prejudice to article 40 (2) of the delegated Regulation (EU) No. 639 / 2014 apply shocks in the sense of § 3 paragraph 1 sentence 1 number 2 of the IACS regulation, from arable land used in the environmental interest in the sense of article 27, paragraph 2, of section 28 or of § 29 consisting, for the purposes of article 44 of Regulation (EU) No. 1307 / 2013 as lying fallow land.
Section 2 permanent grassland subsection 1 reference amount article 18 reference share from the calculation of the areas with Permanent grasslands referred to in article 45 paragraph 2 subparagraph 2 of Regulation (EU) No. 1307/2013 are that in article 43 (2) of the delegated Regulation (EU) No. 639 / 2014 designated areas to the extent then excluded.
Subsection 2 permanent grassland, that the obligation referred to in article 45 paragraph 1 subparagraph 3 of Regulation (EU) No. 1307/2013 subject to § 19 non-compliance with the obligation referred to in article 45 paragraph 1 subparagraph 3 of Regulation (EU) No. 1307/2013 in conjunction with § 15 of the direct payments implementation Act (1) a holder who has no. 1307/2013 in conjunction with § 15 of the direct payments implementation Act permanent grassland converted to paragraph 1(3) of the Regulation (EU) contrary to article 45 or plowed , this surface has again in permanent pasture to convert.
(2) the information within the meaning of article 42 subparagraph 2 of the delegated Regulation (EU) No. 639 / 2014 of a farmer about the commitment to the re-conversion and the period within which the rear conversion has to be done, shall be made in writing.
(3) the time limit for the reconversion should not exceed one month from the announcement of information referred to in paragraph 2. If unsuitable weather conditions for the reconversion or outside the growing season, the authority may set a longer period to the extent necessary or subsequently approve.
Subsection 3 permanent grassland, not the commitment to article 45 paragraph 1 subparagraph 3 of Regulation (EU) No. 1307/2013 subject to section 20 more requirement for the approval of conversion of permanent grassland in the case of article 16 paragraph 3 of the direct payments implementation Act (1) if in the case of article 16 paragraph 3 sentence 2 number 3 of the payments implementation Act one for the installation of permanent grassland provided other area not owned by the applicant is , the consent of the owner of the area to convert of this area into permanent pasture is required.
(2) where in the case of article 16 paragraph 3 sentence 2, number 3 of the payments implementation act not heard another area intended for the installation of permanent grassland to the operation of the applicant, the Declaration of readiness of other holders to convert of this area into permanent pasture is required.
(3) as far as the other area intended for the installation of permanent grassland and not to the operation of the applicant belongs, to the operation of the owner of the business must be in this area on the following on the approval relevant under the rules on the integrated administration and control system closing date for the application for direct payments the requirements of title III Chapter 3 of Regulation (EU) No. 1307 / 2013 subject to and has to comply with these.
(4) a consent pursuant to paragraph 1 or readiness declaration referred to in paragraph 2 is to submit in writing on the applicant to the authority. The owner has in the approval in addition to explain, in the case of a change of ownership or ownership of an affected area during the term of the commitment referred to in article 44 paragraph 1 subparagraph 2 sentence 2 of the delegated Regulation (EU) No. 639 / 2014 and every subsequent owner and the subsequent owner about to teach, that and when the new permanent grassland area of the obligation referred to in article 44 paragraph 1 paragraph 2 sentence 3 of the delegated Regulation (EU) No. 639 / 2014 subject to. The applicant is owner of other space provided for the installation of permanent grassland, he has to make a statement with the required content pursuant to sentence 2 in writing.

§ 21 perform permanent grassland plant elsewhere in the same region in the case of article 16 paragraph 3 sentence 2 number 3 of the payments implementation Act (1) that of permanent grassland plant elsewhere in the same region in the case of article 16 paragraph 3 sentence 2 is number 3 of the payments implementation Act following approval applicable under the rules on the integrated administration and control system closing date for the application for direct payments.
(2) as far as permanent pasture does not exist elsewhere the same region until the expiry of the deadline referred to in paragraph 1, the approval ends. Is already permanent grassland has been converted, has the farmer who has about these areas re immediately umzuwandeln.

§ 21a duration of validity of authorisations according to article 16, paragraph 3, of the direct payments implementation Act unused authorisations according to article 16, paragraph 3, of the direct payments implementation Act end, 1 where a case of article 23 is not, at the end of the day of a notice according to § 16 para 4 of the direct payments implementation Act, 2. If a case of article 23 is at the end of the day of a notice according to § 23 paragraph 2 sentence 2, 3. at the end of the day of a notice according to article 24, paragraph 3 , 4. insofar as a case of numbers 1 to 3, at the end of relevant under the rules on the integrated administration and control system following the approval deadline for the application for direct payments.
For permits until the pursuant to sentence 1 number 4 for the year 2015 resulting deadline to be taken, one takes the place of the stated deadline for the year 2016.

Section 22 re-conversion cast contrary to section 16, paragraph 3 of the payments implementation Act a business owner has contrary to section 16, paragraph 3, of the direct payments implementation act without authorization to the following on the conversion applicable under the rules on the integrated administration and control system closing date for the application for direct payments re umzuwandeln cast as permanent grassland.
Subsection 4 approval of conversion of permanent grassland after notification according to § 16 para 4 of the direct payments implementation law article 23 is issuing permits to the conversion of permanent grassland in loss of permanent grassland share by more than 5 percent (1) In the case of section 16 paragraph 5 of the direct payments implementation Act, as long as 1 article 45 (3) of Regulation (EU) No. 1307 / 2013 on the basis of article 45 (4) of Regulation (EU) No. 1307 / 2013 not to apply, or 2. the conditions of laid down in article 45 paragraph 3 subparagraph 2 of the Regulation (EU) No. 1307/2013 are, a permit for the conversion of permanent grassland, according to article 16, paragraph 3, of the direct payments implementation Act still issued.
(2) in the case of paragraph 1, the competent authority in the contract notice communicated according to section 16, paragraph 4, of the direct payments implementation Act can approve the conversion still by permanent grassland, according to article 16, paragraph 3, of the direct payments implementation Act. The competent authority makes known in the Federal Gazette if the conversion no longer can be approved by permanent grassland, because the conditions there are no longer referred to in paragraph 1.

§ 24 licensing of conversion of permanent grassland in case of the decline in the decrease in the share of permanent grassland on less than 5 percent compared to the reference content (1) is not a case of the article 23, paragraph 1 and for notice according to § 16 para 4 of the direct payments implementation law in a region is declining the acceptance of article 45 (2) of Regulation (EU) No. 1307 / 2013 determined permanent grassland share 1 less than 4.9 percent , but not under 4.5 percent of the share of the reference made to article 16 paragraph 2 sentence 2 of the direct payments implementation Act, acquaints the competent authority in the Federal Gazette, that permits conversion of permanent grassland in accordance with paragraph 2 can be granted, 2. under 4.5 percent of the share of reference made to section 16 paragraph 2 sentence 2 of the direct payments implementation Act, the competent authority revokes the announcement according to section 16, paragraph 4, of the direct payments implementation Act and makes known this in the Federal Gazette.
(2) in the case of a notice referred to in paragraph 1, number 1 is approved the conversion of permanent grassland and if you have created any other surface with the corresponding number of hectares than permanent grassland in the same region. Article 16 paragraph 3 set 5 of the direct payments implementation Act, sections 20, 21, 21a, 22 this regulation and section 25 of the IACS Regulation shall apply mutatis mutandis. Notwithstanding sentence 1 the conversion is approved in the in section 16 (3) sentence 4 of the direct payments implementation Act cases referred by permanent grassland without obligation to the new system of permanent grassland.
(3) number increases after a notice referred to in paragraph 1 1 the decrease in the share of permanent grassland on over 5 percent of the share of reference made to section 16 paragraph 2 sentence 2 of the direct payments implementation Act, repeals the competent authority referred to in paragraph 1 number 1 the notice and makes this known in the Federal Gazette.
Subsection 5 re-conversion surfaces in permanent pasture after notice according to § 16 para 4 of the direct payments implementation Act § 24a compulsory conversion in permanent grassland (1) a holder, which has surface is been, where permanent grassland converted to other uses, is 1.
as far as a case of § 23 not is after publication according to § 16 para 4 of the direct payments implementation Act to create 2 unless you have a case of article 23 notice according to § 23 paragraph 2 sentence 2 in accordance with the provisions of this subsection require again to convert surfaces in permanent grassland or areas as permanent grassland.
(2) as far as article 44 paragraph 3 subparagraph 4 sentence 2 and paragraph 5 of the delegated Regulation No. 639 / 2014 (EU) is not directly applicable, are the rules accordingly apply.

§ 24b selection of the farmers (1) is a business owner in the article 44 paragraph 2 subparagraph 4 of the delegated Regulation (EU) No. 639 / 2014 cases committed to the re-conversion of the surfaces in permanent pasture.
(2) submission pursuant to paragraph 1 in areas of permanent grassland and re-umzuwandelnden not to out so that the acceptance of permanent grassland share to 4.9 per cent, the share of reference made to section 16 paragraph 2 sentence 2 of the direct payments implementation act falls, is a business owner in accordance with article 44 paragraph 3 subparagraphs 1 to 3 of the delegated Regulation (EU) No. 639 / 2014 to the re-conversion of surfaces in permanent grasslands or plant other areas as permanent grassland obliged. Sentence 1 does not apply to an area for converting it to an approval exists provided the facility of an other area of permanent grassland has been granted, and if the system of Permanent grasslands according to the respectively applicable regulations occurred, 1 in case of article 16 paragraph 3 sentence 2 number 3 of the payments implementation Act, 2 in case of section 24 paragraph 2 sentence 1 of this regulation , 3 after the for the years 2012-2014 to be applied rules on cross-compliance according to title II, Chapter 1 of Regulation (EC) No. 73/2009 with common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending regulations (EC) No 1290/2005, (EC) no 247 / 2006, (EC) No 378 / 2007 and repealing Regulation (EC) No. 1782/2003 (OJ OJ L 30 of January 31, 2009, p. 16) in amended or 4 according to the for the years 2014 and 2015 respectively to apply rules on cross-compliance under Title VI of Regulation (EU) No. 1306/2013혼다 sentence 1 does not apply to an area for converting it to a permit in case of section 16 (3) sentence 4 of the direct payments implementation Act or article 24 paragraph 2 sentence 3 of this regulation exists.
(3) in the case of paragraph 2, the exception is subparagraph 2 of the delegated Regulation No 639 / 2014 (EU) apply, if the requirements for all regions are referred to in article 44 paragraph 3.

§ 24c procedure (1) the notion that a business owner is obliged, again, in permanent pasture to convert surfaces, is issued in writing.
(2) in the case of section 24 b paragraph 1 are described the affected areas commercially rounded in the determination referred to in paragraph 1 according to location and size in hectares to two decimal places, which again to convert are in permanent pasture.
(3) in the case of section 24 b paragraph 2 contains the statement referred to in paragraph 1 1 the area according to location and size in hectares to two decimal places commercial rounded, of which must be converted to a percentage back in permanent grassland or this amount according to areas other than permanent grassland shall be constructed to, 2nd in percentage with two decimal places commercial rounded the proportion of the converted surfaces , which again is to convert in permanent grassland or according to other areas as permanent grassland must be attached, 3. the size of the corresponding to this percentage of area in square meters.
For the calculation of the percentage, the number of hectares shall be based, which is required for the acceptance of permanent grassland share to 4.9 per cent of the share of reference made to section 16 paragraph 2 sentence 2 of the direct payments implementation law falls.

section 24 d reporting requirements (1) after the announcement of a determination under section 24c paragraph 1 in connection with a business owner of the competent authority within 14 days has to sign, no longer has an area referred to in the statement or before the timely fulfilment of the obligation referred to in Article 24a, paragraph 1 will no longer have paragraph 2 or 3. This period shall begin on the day on which the holder on the facts to be reported receives knowledge, not earlier than on the day of the announcement of establishing. The message is to specify: 1 the area according to location and size, 2. the day when the holder no longer over the area has, 3. the subsequent managers of the area with name, address and, to the extent, operating number after § 17 of the IACS regulation, 4. as far as the subsequent managers not or not is known with name and address, also the owner of the surface with the name and address.
(2) after a determination under section 24 c of paragraph 2 or 3 has to report the was reconversion of areas or plant of other areas as permanent grassland within 14 days from after this is done the farmer to the competent authority. In the case of other areas as permanent grassland plant, these are according to location and size to call. Sentences 1 and 2 do not apply to surfaces, for which the holder has filed a message referred to in paragraph 1.
(3) If you type referred to in paragraph 1 and 2 pattern known authorities responsible for the messages or stand by forms or forms, they are to use.
(4) for a factually true message in the case referred to in paragraph 1, the Declaration is valid c paragraph 1 with effect from the date from which the farmer no longer has the surface, as amended to the extent of this message under section 24.

the sections 24a to 24 d for each subsequent year are section 24e more years as long as a notice in the cases referred to in Article 24a, paragraph 1 Nos. 1 and 2 is not to apply, in accordance with article 45 No. 1307/2013 determined (2) of Regulation (EU) permanent grassland share more than 5 percent below that by section 16 paragraph 2 sentence 2 of the direct payments implementation Act known made reference percentage.
Section 3 land use of environmental interest section 25 fallow areas (article 46 (2) of Regulation (EU) No. 1307/2013) (1) on an unused area that beneficial land management practices as agricultural area is shown in the environmental interest, may by a farmer in the direct payment request for the payment for the climate and environmental protection during the year for which this application is submitted, no agricultural production take place. Notwithstanding sentence 1 a sowing or planting, which is before the end of this year the harvest, prepared and carried out or the nursery can be grazed from August 1 this year by sheep or goats.
(2) by way of derogation from paragraph 1 sentence 1 the competent authorities of the countries from July 1 of each year can allow in general or in individual cases, that in areas where, due to exceptional circumstances, in particular adverse weather events, not enough food available is or will be, the nursery is used by grazing animals or through cutting use for animal feed.

Section 26 terraces (article 46 paragraph 2 point (b) of Regulation (EU) No. 1307/2013) terraces can an application for direct payments for the payment for the climate and environmental protection beneficial land management practices in the environmental interest given shared space if they are protected in the context of the standards for the maintenance of land in good agricultural and environmental condition number 7 in annex II of to Regulation (EU) No. 1306/2013.

§ 27 landscape elements (article 46 paragraph 2 (c) of Regulation (EU) No. 1307/2013) (1) landscape elements beneficial land management practices can an application for direct payments for the payment for the climate and environmental protection as land used for purposes are given in the environmental interest, if within the scope of the standards for the maintenance of land in good agricultural and environmental condition number 7 or the basic requirements for the operation of paragraph 2 or the basic requirements for the operation of paragraph 3 referred to in annex II of to Regulation (EU) No. 1306/2013 are protected.
(2) field margins within the meaning of article 45 paragraph 4 letter e of the delegated Regulation (EU) No. 639 / 2014 can an application for direct payments for the payment for the climate and environmental protection beneficial land management practices are designated as surfaces used in the environmental interest. section 25 applies to field edges as surfaces used in the environmental interest according to sentence 1 in accordance with.

§ 28 buffer strips (article 46 (2) of Regulation (EU) No. 1307/2013) (1) other buffer strips than in the context of the standards for the maintenance of land in good agricultural and environmental condition number 1 or the basic requirements for the management of number 1, or the basic requirements for the operation of paragraph 10 referred to in annex II of to Regulation (EU) no 1306/2013 protected may in the direct payment request for the payment for the climate and environmental protection beneficial land management practices in the environmental interest used land be designated, if they are at least one metre wide.
(2) buffer strips can beneficial land management practices in the direct payment request for the payment for the climate and environmental protection up to a width of no more than twenty meters measured from the top of the slope of the water are expelled.
(3) on a buffer strip, which will be designated as area used in the environmental interest, a grazing or cutting use may take place if the buffer strips from adjacent farmland remains distinguishable. Without prejudice to of sentence 1, § 25 shall apply mutatis mutandis.
(4) waters, on whose edge can run other buffer strip within the meaning of paragraph 1, are permanently or temporarily in beds flowing or standing or wild flowing from sources surface waters, except occasional water but including periodically water.

§ 29 strips of eligible hectares of forests (article 46 paragraph 2 letter f of Regulation (EU) No. 1307/2013) beneficial land management practices can (1) strips of eligible hectares of forests in the direct payment request for the payment for the climate and environmental protection as in the environmental interest assigned used land if they are at least one metre wide.
(2) on a strip of eligible hectares at forest edges, which is designated as area used in the environmental interest, no agricultural production may take place. By way of derogation from sentence 1 a grazing or cutting use may take place, if the strip of the adjacent farmland remains distinguishable. Without prejudice to the set 2, section 25 shall apply mutatis mutandis.

Article 30 areas with short rotation coppice (article 46 paragraph 2 letter g of Regulation (EU) No. 1307/2013) (1) permissible types of surfaces used in the environmental interest the Niederwald with short rotation in the payment for the climate and environmental protection beneficial land management practices are in Appendix 1 as permissible types of species referred to in the shared environmental interest areas.
(2) on surfaces used in the environmental interest the Niederwald with short rotation, no mineral fertilizer and no pesticides may be used.

Article 31 surfaces with catch crop cultivation or green blanket (article 46 paragraph 2 letter i of to Regulation (EU) No. 1307/2013) (1) on a surface, that an application for direct payments for the payment for the climate and environmental protection are beneficial land management practices as agricultural area with catch crop cultivation or green cover is shown in the interest of the environment, for the sowing of crop mixtures mixtures to use which consist of species listed in the Appendix 3. No type may have a higher percentage as 60 percent of the seeds of the mixture in a crop mix. The proportion of grasses in the seed of the crop mix must be not more than 60 percent.
(2) on a surface with catch crop cultivation or green ceiling, which is shown in the application for direct payments as land management practices beneficial in shared environmental interest area for the payment for the climate and environmental, the sowing of the crop mix may not be before July 16.
(3) in the year of submission, an area with a catch crop cultivation or green ceiling is designated as area used in the environmental interest, may be used only by grazing with sheep or goats.

§ 32 spaces with nitrogen-binding plants (article 46 paragraph 2 letter j of Regulation (EU) No. 1307/2013) (1) area used on a surface with nitrogen-binding plants, the beneficial in the application for direct payments for the payment for the climate and environmental land management methods as in the environmental interest is shown, the species listed in Appendix 4 must be built.
(2) who are on a surface in the sense of paragraph 1 nitrogen-binding plants Glycine max, lens spp., Lupinus albus, Lupinus angustifolius, Lupinus luteus, Phaseolus vulgaris, Pisum sativum or Vicia faba built, must be in the application year at least during the period from May 15 to August 15 on the surface are. The period of sentence 1 begins with the date of sowing. The plants are no longer within the meaning of sentence 1 on the area from the day after 1st harvest of fruits or grains or 2. mowing, mallets, or year-round of generation or 3. a mechanical tillage or treatment with herbicide, which a lead to destruction of the generation of nitrogen-binding plants.
The maturity of the fruits or grains occurs one year before August 15, should the grains or fruits by way of derogation from sentence 1 before August 15 are harvested, insofar as the holder no later than three days prior to their landing site has displayed the harvest.
(3) on a surface in the sense of paragraph 1, other nitrogen plants permitted under annex 4 must as you referred to 1 are 2 set in paragraph in the application year at least during the period from May 15 until August 31 on the surface. The period of sentence 1 begins with the date of sowing. You are no longer within the meaning of sentence 1 on the area from the day after a mechanical tillage or treatment with herbicide, which leads to destruction of the generation of nitrogen-binding plants.

Conversion factors used in the environmental interest areas when calculating the size of the surfaces used in the environmental interest to article 33 1 terraces and 2 stand-alone trees, as far as these landscape elements no. 1306/2013 are prohibited from disposal under the provisions to be observed for agriculture payments obligations referred to in article 93 of Regulation (EU), the conversion factors in annex X of Regulation (EU) No. 1307 / 2013 used.
Part 5 final provisions article 34 entry into force this regulation enter into force on the day after the announcement.

Concluding formula the Federal Council has approved.

 


Appendix 1 (articles 3 and 30 paragraph 1) suitable for Niederwald with short rotation coppice species, including specifying the allowed types for surfaces used in the environmental interest, and whose maximum crop cycles (site: BGBl. I 2014, 1697) species suitable for Niederwald with short rotation coppice type maximum crop cycle (years) allowed types used in the environmental interest areas of botanical name common name botanical name common name botanical name common name Salix Willow all kinds 20 S. triandra1 Mandelweide1 s viminalis1 Korbweide1 Populus poplars all kinds 20 P. alba1 Silberpappel1 P. canescens1 Graupappel1 P. nigra1 Schwarzpappel1 P. tremula1 Zitterpappel1 Robinia locust all kinds 20 Betula birch all kinds 20 B. pendula common birch, Birch of Alnus Alder all kinds 20 A. glutinosa Alder A. incana gray Alder of Fraxinus ash F. excelsior 20 F. Fraxinus excelsior Fraxinus, Quercus oak Q. robur pedunculate oak 20 Q. robur-pedunculate oak Q. petraea sessile oak 20 petraea q. petraea q. rubra red oak 20 1 including the hybrids with other species in this genus.

Annex 2 (to article 7 paragraph 2) conversion key for livestock in livestock units (site: Federal Law Gazette I 2014, 1698) species livestock unit 1 horses under 3 years, small horses, ponies, donkeys, mules and mules 0.70 2 horses 3 years and older 1.10 3 calves and young cattle under 1 year 0.30 4 young cattle 1 to under 2 years 0.70 5 bovine 2 years and older 1.00 6 sheep under 1 year of 0.05 7 sheep 1 year and older 0.10 8 goats 0.08 9 piglets 0.02 10
Fattening pigs 0.13 11 breeding pigs 0.30 12 hens 0.003 13 other poultry 0.014 14 hind under 1 year 0.04 15 hind 1 year and older 0.08 16 llamas 0.1 17 ostriches, breeding animals for 14 months and older 0.32 18 ostriches, Cubs/fattening animals under 14 months 0.25 Appendix 3 (to article 31 paragraph 1) allowed species for crop mixtures on surfaces with catch crop cultivation or green ceiling, the areas used to be in the interest of the environment be designated (site : BGBl. I 2014, 1699 - 1701) botanical name common name grass of Dactylis glomerata Cocksfoot Festulolium Wiesenschweidel, Festulolium Lolium x boucheanum bastard ryegrass Lolium multiflorum year and what ryegrass Lolium perenne ryegrass Avena strigosa-rough oatmeal sorghum bicolor sorghum sorghum sudanense Sudan grass sorghum bicolor x sorghum sudanense hybrids from the crossing of sorghum bicolor x sorghum sudanense other Crotalaria juncea-Indian hemp Glycine max soya bean of Lathyrus spp. all species of the genus chickling vetch without Lathyrus latifolius except Lathyrus latifolius lens culinaris lens Lotus corniculatus Horn pepper dress of Lupinus albus white Lupin of Lupinus angustifolius Lupinus angustifolius, Rosebay Lupine Lupinus luteus yellow lupin Medicago lupulina hop clover (yellow dress) Medicago sativa alfalfa Medicago scutellata annual alfalfa of Melilotus spp..
all species of the genus Onobrychis Melilotus spp.
all species of the genus Chapman's Ornithopus sativus Seradella Pisum sativum subsp. arvense forage pea (Pisum Arvense, Peluschke) Trifolium alexandrinum Alexandrian clover Trifolium hybridum Sweden clover (bastard clover) Trifolium incarnatum crimson clover Trifolium pratense red clover Trifolium repens white clover Trifolium resupinatum Persian clover Trifolium squarrosum Sparriger clover Trifolium subterraneum Earth clover (Trifolium Bodenfrüchtiger) Trifolium michelianum Michels clover Trifolium vesiculosum Blasenfrüchtiger clover Trigonella foenum-graecum fenugreek Trigonella caerula Schabziger clover Vicia faba field bean Vicia pannonica Pannonian vetch Vicia sativa seed vetch Vicia villosa-hairy vetch beta vulgaris subsp. cicla var.. cicla Mangold Brassica carinata Äthiopischer Kohl, Abyssinian mustard
Brassica juncea mustard Brassica napus canola Brassica nigra black mustard Brassica oleracea var. medullosa feed coal (Collard) Brassica rapa turnip rape, stubble turnips camelina sativa camelina Eruca sativa Arugula Arugula Lepidium sativum garden Cress of Raphanus sativus radish, melioration radish of Sinapis alba white mustard Centaurea cyanus cornflower Coriandrum sativum coriander of Crepis spp.
all species of the genus Hawksbeard of Daucus carota subsp. carota wild carrot of Dipsacus spp..
all species of the genus cardamom Echium vulgare Bugloss Foeniculum vulgare fennel Galium verum real lab herb Hypericum perforatum wort Lamium spp..
all species of the genus nettles Leucanthemum vulgare Marguerite malva spp..
all species of the genus malva Oenothera spp.
all species of the genus evening primrose origanum spp.
all species of the genus Daphne Papaver rhoeas poppies Petroselinum crispum parsley Plantago lanceolata plantain Prunella spp..
all species of the genus small Reseda spp..
all species of the genus Salvia pratensis meadow Sage Sanguisorba Mignonette spp.
all species of the genus Sanguisorba officinalis, Silene spp..
all species of the genus glue herbs Silybum marianum milk thistle Tanacetum vulgare tansy Verbascum spp..
all species of the genus mulleins Agrostemma githago corn cockle Anethum graveolens dill Borago officinalis Borage, Calendula officinalis Marigold of Carthamus tinctorius safflower, safflower Carum carvi-caraway Fagopyrum spp.
all species of the genus buckwheat Guizotia abyssinica achenes Helianthus annuus sunflower Linum usitatissimum linseed Nigella spp.
all species of the genus Nigella Phacelia tanacetifolia Viscida Spinacia spp.
all species of the genus spinach tagetes spp..
all species of the genus tagetes Appendix 4 (to § 32) permissible types of nitrogen-binding plants on land with nitrogen-binding plants, which are designated as areas used in the environmental interest (site: BGBl. I 2014, 1702) botanical name common name Glycine max soya bean of lens spp.
all species of the genus lens Lotus corniculatus Horn pepper dress of Lupinus albus white Lupin of Lupinus angustifolius Lupinus angustifolius, Rosebay Lupine Lupinus luteus yellow lupin Medicago lupulina hop clover (yellow dress) Medicago sativa alfalfa Medicago x varia bastard alfalfa, sand Lucerne of Melilotus spp..
all species of the genus Phaseolus vulgaris common bean Pisum sativum pea sweet clover Trifolium alexandrinum Alexandrian clover Trifolium hybridum Sweden clover (bastard clover) Trifolium incarnatum crimson clover Trifolium pratense red clover Trifolium repens white clover Trifolium resupinatum Persian clover Trifolium subterraneum Earth clover (Bodenfrüchtiger clover) Onobrychis spp.
all species of the genus Chapman's Ornithopus sativus Seradella Vicia faba field bean Vicia pannonica Pannonian vetch Vicia sativa seed vetch Vicia villosa shaggy pea