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

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Regulation on the implementation of direct payments to farmers under support schemes of the common agricultural policy (direct payments-implementing regulation-direct payment)

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direct payment through

date of delivery: 03.11.2014

full quote:

" direct payments-implementing regulation of 3. November 2014 (BGBl. 1690), as defined by Article 1 of the Regulation of 10 June 1990. July 2015 (BAnz. 2015 AT 13.07.2015 V1) has been modified "

:Last modified by Art. 1 V v. 8.5.2015 BAnz AT 11.05.2015 V1
Note:Change by Art. 1 V v. 10.7.2015 BAnz AT 13.07.2015 V1 text proof, documentary proof not yet

For further details, please visit the menu under notes

footnote

(+ + + text evidence from: 14.11.2014 + + +)
(+ + + Official note from the normalist on EC law:

implementation of the
1307/2013 (CELEX Nr: 32013R1307) § 1 + + +)

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input formula

There is a
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of § 6, paragraph 1, point 2, in conjunction with the first sentence of paragraph 4 and the first sentence of § 8 (1), also in conjunction with the second sentence of the second sentence of the Law on the Law of the Market in the version of the Notice of 24 March June 2005 (BGBl. I p. 1847), of which § 6 (1) and (4) and § 8 (1) of the Act of 29 are replaced by Article 1 of the Law of 29. July 2009 (BGBl. 2314), in conjunction with Section 1 (2) and Section 27 of the Direct Payments Act (Direct Payments Act) of 9. July 2014 (BGBl. 897), and in conjunction with Section 1 (2) of the Jurisdiction Adjustment Act of 16. August 2002 (BGBl. 3165) and the organisational decree of 17. December 2013 (BGBl. 4310), the Federal Ministry of Food and Agriculture, in agreement with the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and Energy:
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of § 16 (2) sentence 1 and section 17 (4) of the Direct Payments-Implementing Act of 9. July 2014 (BGBl. 897), the Federal Ministry of Food and Agriculture:
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§ 15 (3), § 17 (2) and (3) and § 18 (5) sentence 1 (1) and (3) in conjunction with Set 2 of the Direct Payments-Implementing Act of 9. July 2014 (BGBl. 897), the Federal Ministry of Food and Agriculture, in agreement with the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety:

Part 1
General provisions

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§ 1 Scope

The provisions of this regulation apply to the implementation
1.
of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17. December 2013 with rules on direct payments to farmers under support schemes of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Regulation (EC) No 73/2009 Council Regulation (EC) No 608), as amended,
2.
of the acts adopted under the Regulation referred to in paragraph 1 and implementing acts adopted in accordance with the provisions of point 1 of this Regulation. European Union and
3.
of the Direct Payments-Implementing Act.
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§ 2 Agricultural activity

(1) An agricultural activity within the meaning of Article 4 (1) (c) (ii) or (iii) of the Regulation (EU) No 1307/2013 on an agricultural area not covered by an agricultural activity within the meaning of Article 4 (1) (c) (i) throughout the year for which a request for direct payment is made. Regulation (EU) No 1307/2013 is available if the farmer mows the growth and the mowing is carried out once during the year
1.
or
2.
crushed the growth and spread throughout the whole area.
(2) The competent authority according to the law of the country may, where this is due to nature protection or For environmental protection reasons, it is justified on request to approve derogations from paragraph 1, namely
1.
the implementation of one of the requirements referred to in paragraph 1 (1) and (2) only in each second year,
2.
the annual or biennial performance of a different activity than the one referred to in paragraph 1 (1) and (2).
In the case of the first sentence, measures
1.
in plans and projects for maintenance, development and recovery measures for implementation shall apply.
a)
of Directive 2009 /147/EC of the European Parliament and of the Council of 30 June 2009. on the conservation of wild birds (OJ L 327, 22.12.2009, p. 7), as amended or
b)
of Council Directive 92 /43/EEC of 21 June 2010 on the implementation of the European Economic and Economic Community (EC) May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 327, 28.5.1992, p. 7) as amended or
2.
in agreements within the framework of nature conservation programmes and agri-environmental and climate measures adopted by the Member States, or a Nature Conservation Association recognised by the Federation or the Land,
shall be deemed to be approved if, at least in each second year, an activity is to be carried out on the area concerned.(3) By way of derogation from paragraphs 1 and 2, an agricultural activity within the meaning of Article 4 (1) (c) (ii) of Regulation (EU) No 1307/2013 shall be on an agricultural area throughout the year for which an agricultural activity is Application for direct payment shall not be used for an agricultural activity within the meaning of Article 4 (1) (c) (i) of Regulation (EU) No 1307/2013, including where the farmer is responsible for that area, (a) the obligations of an agri-environmental and climate action of the countries whose conditions would no longer be met when an activity referred to in paragraph 1 or 2 sentence 1 is carried out, but shall ensure that the area in one for grazing and the appropriate condition shall be maintained, and the farmer shall comply with the conditions laid down in this measure. Non-official table of contents

§ 3 Low forest with short drive

The types of trees eligible for low-forest short-conversion, including the Indication of the permitted species for areas used in environmental interest, and their maximum harvesting cycles shall be set out in Appendix 1. Non-official table of contents

§ 4 Minimum requirements for direct payments

Direct payments will be made in the case referred to in Article 10 (1) Point (b) of Regulation (EU) No 1307/2013 not granted.

Part 2
Active farmer

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§ 5 supplementing the enumeration of the companies and activities listed in the first subparagraph of Article 9 (2) of Regulation (EU) No. 1307/2013

(1) The first subparagraph of Article 9 (2) of Regulation (EU) No 1307/2013 shall not grant direct payments to natural or legal persons or associations of natural or legal persons engaged in the mining of mines.(2) Mining within the meaning of paragraph 1 shall be responsible for conducting or carrying out one of the activities referred to in Article 2 (1) (1) and (2) of the Federal Mining Act on its own account. Non-official table of contents

§ 6 Application of Article 9 (4) of Regulation (EU) No 1307/2013

The amount referred to in Article 9 (4) of the Regulation (EU) No 1307/2013 is set at EUR 5 000. Non-official table of contents

§ 7 Non-essential agricultural activities

(1) By way of derogation from the first subparagraph of Article 13 (1) and the second subparagraph of Article 13 (1) of the Delegated Regulation (EU) No 639/2014 of the Commission of 11 June 2014. March 2014, supplementing Regulation (EU) No 1307/2013 of the European Parliament and of the Council laying down rules for direct payments to farmers under support schemes of the common agricultural policy and on the Amendment to Annex X to that Regulation (OJ L 327, 28.10.2000 1), as amended, for the purposes of Article 9 (2), third subparagraph, point (b) of Regulation (EU) No 1307/2013, agricultural activities shall not be insignificant where the eligible agricultural activities are: agricultural area of the holding, which has specified
1.
the applicant in the application for direct payment for the year in question, and
2.
The applicant, except in cases of force majeure or exceptional circumstances, is available for the final date of the application,
is at least 38 hectares.(2) By way of derogation from paragraph 1, for the purposes of Article 9 (2), third subparagraph, point (b) of Regulation (EU) No 1307/2013, in the case of farmers holding the equidae referred to in Annex 2 in lines 1 and 2, including the holding of the retirement of such animals belonging solely to the group of persons referred to in Article 9 (2) of Regulation (EU) No 1307/2013 solely on the basis of the operation of permanent sports or leisure facilities for use with such animals, the agricultural Activities also in the case of an agricultural area of less than 38 hectares which are eligible for aid are not insignificant if, on average, from January to April of the year for which a request for direct payment is made, no more than three Large-scale units per hectare of the eligible agricultural area for the purposes of paragraph 1 shall be kept. For the determination of the large-scale units, the conversion key shall be applied in accordance with Appendix 2. Non-official table of contents

§ 8 exercise of an agricultural activity as a principal activity or business purpose

(1) Insofar as no evidence is available in of the species referred to in the first sentence of the first subparagraph of Article 13 (3) of the Delegated Regulation (EU) No 639/2014 shall be the pursuit of an agricultural activity as a principal activity or business purpose within the meaning of Article 9 (2), point (c) of the third subparagraph of Regulation (EU) No 1307/2013, in accordance with the provisions of paragraphs 2 and 3.(2) In the case of a natural person, the pursuit of an agricultural activity shall be considered as a principal activity or a business purpose, if
1.
the exercise of an agricultural activity. Agricultural activity as an object of the enterprise is registered in the commercial register or
2.
an insurance obligation in the age-saving of farmers
(3) In the case of other farmers other than natural persons, the exercise of an agricultural activity is considered to be a principal activity or an end-of-business activity,
1.
as far as the exercise of an agricultural activity as a purpose or object of the holder in another official register established on a legal basis in the where a mandatory entry is entered,
2.
where an entry in accordance with point 1 is not required, if
a)
The exercise of an agricultural activity as an object or object of the holder in another official register established on a legal basis
b)
the exercise of an agricultural activity as a principal activity or an end-of-business activity in the social contract in writing; of a statutes or equivalent document on which the farmer is based, or
c)
an insurance obligation in respect of the old age of Farmers for one of the members of the farmer with respect to his activity during the operation of the farmer.
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§ 9 National average of direct payments

The Federal Institute for Agriculture and Food (Bundesanstalt) determines the national average of the direct payments for each year, starting with 2009. Hectares referred to in the second subparagraph of Article 12 (2) and (3) and (4), second subparagraph, and (4) of Regulation (EU) No 639/2014, and shall make these amounts known in the Federal Gazette.

Part 3
Basic Premium Control

Section 1
Initial Allocation of Payment entitlements and Application of Basic Premium Control

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§ 10 availability of eligible hectares

(1) The time within the meaning of the first sentence of Article 24 (2) of Regulation (EU) No 1307/2013 is 15. May 2015.(2) The date referred to in the second sentence of Article 33 (1) of Regulation (EU) No 1307/2013 shall be the final date for the application for direct payment, in accordance with the rules on the Integrated Administration and Control System. Non-official table of contents

§ 11 Minimum operating size

A farmer can only set payment entitlements for the base premium if the eligible hectares of the holding are not less than one hectare. Non-official table of contents

§ 12 Mainly agricultural use

(1) An agricultural area also applicable to non-agricultural Activities are mainly used for agricultural activity if the agricultural activity can be carried out on the surface without the intensity, type, duration or time of the agricultural activity. non-agricultural activity to be severely restricted in accordance with the provisions of paragraphs 2 or 3.(2) A severe limitation of agricultural activity is generally given when
1.
the non-agricultural activity to a destruction of the agricultural activity. Crop or grass or a substantial impairment of the growth or a substantial reduction of the yield,
2.
within the During the period between sowing and harvesting, a non-agricultural activity involving a simultaneous agricultural activity during this period during the period between sowing and harvesting, or in the case of arable land used with cultivated plants, during the period between sowing and harvesting is significantly affected or excluded, lasts longer than 14 consecutive days, or is carried out in total on more than 21 days in the calendar year,
3.
the non-agricultural activity must comply with the obligations of direct payments under Article 93 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 June 2013 on the implementation of the European Parliament and Council Regulation (EC) No 1306/2013 of 17 Regulation (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 European Parliament and of the Council of 19 December 2013 on the financing, management and control system of the common agricultural policy Council (OJ L 327, 549) in the current version,
4.
a permanent non-agricultural activity is not a normal one.
() Without prejudice to whether an area is an agricultural area, the following areas in particular are mainly used for non-agricultural activity:
1.
Areas associated with road, road, rail, or ship traffic of persons or vehicles, with the exception of refable dams, in the case of the Vessel traffic,
2.
runways used for air transport,
3.
Areas that are used for recreational or recreational purposes or for sports and are designed for this purpose or obtained in a certain condition, with the exception of: Areas that are used only outside the growing season for winter sports,
4.
parks, ornamentals,
5.
Surfaces on troop training places, as far as the areas are primarily used militarily,
6.
Surfaces, where there are systems for the use of solar radiation energy,
7.
Depony before the decommissioning phase expires.

Section 2
National Reserve

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§ 13 Filling of the National Reserve

(1) The national reserve for one of the years after 2015 shall not be taken into account in order to take account of the need for the cases referred to in Article 30 (6) and (9) of Regulation (EU) No 1307/2013, shall be used for the repleniation of the national reserve. Reserve all payment entitlements for each year by multiplication by the reduction factor determined in accordance with paragraph 2 in a linear manner.(2) The reduction factor is obtained by dividing the national upper limit for the base premium for the year concerned by the sum of
1.
the value of all existing Payment entitlements for the year in question before application of this paragraph and
2.
the amount for all of them under Article 30 (6) and (9) of the Regulation (EU) No 1307/2013 for the year in question from the national reserve for payment entitlements based on the value of the value of the existing payment entitlements, for the period 2016 to 2018 of the respective region, in accordance with point 1.
(3) The Federal Ministry of Food and Agriculture shall determine the reduction factor referred to in paragraph 2 and shall specify and take account of the reduction factor in the notice referred to in Article 12 (4) or (5) of the Direct Payments-Implementing Act. Non-official table of contents

§ 14 Jurisdiction

The Bundesanstalt is responsible for the supervision and calculation of the in the national reserve. Non-official table of contents

§ 15 Communications

The federal states and the Federal Ministry of Food and Agriculture are divided up to date by the Federal Ministry of Food and Agriculture. 1. November for each year
1.
the payment entitlements they entered into the national reserve per region, and
2.
the national reserve payment entitlements per region, broken down by the cases referred to in Article 30 (6) and (9) of Regulation (EU) No 1307/2013 and the § § 16,
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§ 16 Cases of force majeure or exceptional circumstances referred to in Article 30 (7) (c) of Regulation (EU) No. 1307/2013

(1) The national reserve shall be used for the allocation of payment entitlements to farmers, insofar as they are due to force majeure or exceptional circumstances in accordance with other provisions of Title III, Chapter 1 of the Regulation (EU) No 1307/2013 as Article 30 (7) (c), also in conjunction with Article 11 of the Direct Payments-Implementing Act, payment entitlements could not be allocated.(2) In the case referred to in paragraph 1, a farmer shall be assigned a number of payment entitlements to the extent to which he or she is responsible for the performance of force majeure or exceptional circumstances in accordance with other provisions of Title III, Chapter 1 of the Regulation (EU) No 1307/2013 as Article 30 (7) (c), also in conjunction with Section 11 of the Direct Payments Implementing Act, could not be allocated any payment entitlements.By way of derogation from paragraph 2, a farmer shall, in so far as a year in the national reserve does not have sufficient resources for the allocation of the number of payment entitlements as provided for in paragraph 2, shall be subject to payment entitlements in the number , by multiplying the number of payment entitlements to be allocated to it in accordance with paragraph 2, by the reduction factor determined in accordance with paragraph 4.(4) The reduction factor shall be the result of the division of the amount available in the national reserve for cases referred to in paragraph 1 by the amount which, in accordance with paragraph 2, as a need for appropriations from the national reserve for the allocation of Payment entitlements would be obtained. For cases referred to in paragraph 1, the amount shall be available in the national reserve resulting from the withdrawal of the requirements for the cases referred to in Article 30 (6) and (9) of Regulation (EU) No 1307/2013. The Bundesanstalt makes known the reduction factor to be used in the Federal Gazette.If, in the case referred to in paragraph 1, an area is not eligible for the year 2015, the payment entitlements shall be allocated to the farmer in the year in which, for the first time, the basic premium may be granted for the area. Article 14 of the Delegated Regulation (EU) No 639/2014 shall apply accordingly. Unofficial table of contents

§ 16a Allocation of payment entitlements

(1) § 11 shall apply accordingly to 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 shall not take place more than once for a farmer.

Part 4
Payment for the climate and Environmental protection farming methods

Section 1
cultivation diversification

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§ 17 crop diversification

(1) For the calculation of the shares of the different cultures referred to in Article 44 (1) of Regulation (EU) No 1307/2013, the Time period of 1. June to 15. 1 July.(2) Without prejudice to Article 40 (2) of the Delegated Regulation (EU) No 639/2014, beatings within the meaning of Article 3 (1), first sentence, point 2 of the IACS Regulation shall apply, which shall be subject to arable land used in the environmental interest within the meaning of Article 27 (2), § 28 or § 29, for the purposes of Article 44 of Regulation (EU) No 1307/2013 as a brachial country.

Section 2
permanent pasture

Subsection 1
Reference Share

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§ 18 Reference Share

Off the calculation of the land with permanent pasture referred to in Article 45 (2), second subparagraph, point (a) of Regulation (EU) No 1307/2013 shall be the area referred to in Article 43 (2) of the delegated Regulation (EU) No 639/2014 in the

Subsection 2
permanent pasture subject to the obligation referred to in the third subparagraph of Article 45 (1) of Regulation (EU) No 1307/2013

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§ 19 Non-compliance with the obligation referred to in the third subparagraph of Article 45 (1) of Regulation (EU) No 1307/2013 in conjunction with Section 15 of the Direct Payments-Implementing

(1) A farmer who, contrary to Article 45 (1), third subparagraph, of Regulation (EU) No 1307/2013, is converted into permanent grassland in conjunction with Article 15 of the Direct Payments Act (Direct Payments Act); or has plowed this area back into permanent grassland.(2) The information referred to in the second subparagraph of Article 42 of the Delegated Regulation (EU) No 639/2014 of a farmer concerning the obligation to re-convert and the time limit within which the reconversion has to be made shall take place: in writing.(3) The time limit for the reconversion shall not exceed one month from the date of notification of the information referred to in paragraph 2. In the event of unsuitable weather conditions for the re-conversion or beyond the growing season, the Authority may fix or subsequently approve a period of time which is necessary to the extent necessary. name="BJNR169000014BJNG001100000 " />

Subsection 3
Permanent pasture, which is not subject to the obligation under Article 45 (1), third subparagraph, of Regulation (EU) No 1307/2013

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§ 20 Further prerequisite for the approval of the conversion of permanent pasture in the case of section 16 (3) of the direct payments-implementing law

(1) In the case of Section 16 (3), second sentence, point 3 of the Direct Payments Act, a different area intended for the establishment of permanent pasture shall not be the property of the applicant, the consent of the owner of the land to be converted shall be of this area in permanent pasture land.(2) Where, in the case of Section 16 (3), second sentence, point 3 of the Direct Payments Act, the implementing act does not belong to the establishment of the applicant, the declaration of preparedness of the other shall be the other Farmers required to convert this area into permanent pasture land.(3) In so far as the other area intended for the installation of permanent pasture does not belong to the operation of the applicant, it must be associated with the holding of a farmer who, in relation to that area, shall be responsible for the operation following the approval of the applicant. Provisions relating to the Integrated Administration and Control System shall be subject to and comply with the requirements of Title III, Chapter 3 of Regulation (EU) No 1307/2013, for the application for direct payment.(4) A consent in accordance with paragraph 1 or a declaration of preparedness pursuant to paragraph 2 shall be submitted in writing to the Authority through the applicant. In addition, the owner shall declare, in the event of the exchange of ownership or ownership of an area concerned, during the period of the obligation referred to in the second sentence of the second subparagraph of Article 44 (1) of the Delegates Regulation (EU) No 639/2014 to inform each subsequent owner and the subsequent owner that and from when the new permanent pasture area of the obligation under Article 44 (1), second subparagraph, sentence 3 of the delegated regulation (EU) No 639/2014. If the applicant is the owner of the other area intended for the installation of permanent pasture, the applicant shall make a written declaration of the content required by the second sentence. Non-official table of contents

§ 21 Asset of permanent pasture elsewhere in the same region in the case of section 16 (3), second sentence, point 3 of the Direct Payments-Implementing Act

(1) The permanent pasture system elsewhere in the same region in the case of Section 16 (3), second sentence, point 3 of the Direct Payments Act (Direct Payments Act) shall be replaced by the following following the approval of the Rules on the Integrated Administration and Control System shall be subject to the relevant closing date for the application for direct payment.(2) Where permanent pasture is not established elsewhere in the same region until the end of the closing date referred to in paragraph 1, the authorisation shall end. If permanent pasture has already been converted, the farmer who has the right to reconvert these areas shall be immediately reconverted. Unofficial table of contents

§ 21a Period of validity of approvals pursuant to § 16 (3) of the Direct Payments-Implementing Act

unused Authorisations pursuant to § 16 (3) of the Direct Payments-Implementing Act,
1.
to the extent that a case of § 23 is not available, with the date of the day of a notice pursuant to Section 16 (4) of the Direct Payments-Implementing Act,
2.
in so far as a case of § 23 exists, with the day of the day of a notice pursuant to § 23 (2) sentence 2,
3.
at the end of the day of a notice in accordance with § 24 (3),
4.
as far as a case of points 1 to 3, with the expiry of the final date for the application for direct payment following the rules on the Integrated Administration and Control System.
For authorisations which are up to to the final date as set out in the first sentence of the first sentence of the year for the year 2015, shall be replaced by the final date of the closing date for the year 2016. Non-official table of contents

§ 22 Reconversion in case of conversion contrary to § 16 paragraph 3 of the Direct Payments-Implementing Act

A farmer Has, contrary to Article 16 (3) of the Direct Payments Directive (Direct Payments Implementing Act), has, without authorisation, a permanent permanent pasture to which it is responsible for the conversion under the rules of the Integrated Administration and Control System The final date for the application to be reconverted to direct payment.

Subsection 4
Approval of the conversion of permanent pasture to the notice pursuant to § 16 (4) of the Direct Payments-Implementing Act

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§ 23 Granting of authorisations for the conversion of permanent pasture in case of acceptance of the permanent pasture percentage by more than 5 per cent

(1) In the case of § 16 (5) of the Direct Payments-Implementing Act, as long as
1.
Article 45 (1) 3 of Regulation (EU) No 1307/2013, pursuant to Article 45 (4) of Regulation (EU) No 1307/2013, is not applicable or
2.
the conditions of Article 45 The second subparagraph of paragraph 3 of Regulation (EU) No 1307/2013,
shall continue to grant a permit for the conversion of permanent pasture pursuant to Article 16 (3) of the Direct Payments-Implementing Act.(2) In the case referred to in paragraph 1, the competent authority shall, in the notice referred to in Article 16 (4) of the Direct Payments Act, inform the competent authority that the conversion of permanent pasture pursuant to Article 16 (3) of the Direct Payments Act shall continue to apply: can be approved. The competent authority shall make known in the Federal Gazette if the conversion of permanent pasture can no longer be authorised, since the conditions laid down in paragraph 1 are no longer available. Non-official table of contents

§ 24 Granting of authorisations to convert permanent pasture in the event of a decline in the decline in the permanent pasture share less than 5 per cent against the reference share

(1) A case of Section 23 (1) does not exist and, after publication in accordance with Article 16 (4) of the Direct Payments-Implementing Act in a region, decreases the decrease of the Article 45 (2) of Regulation (EU) No 1307/2013, permanent pasture share
1.
below 4.9 per cent, but not less than 4.5% of the percentage of permanent pasture in accordance with § 16 (2) sentence 2 of the Direct Payments-Implementing Act made known reference part, the competent authority in the Federal Gazette announces that authorisations for the conversion of permanent pasture can be granted in accordance with paragraph 2,
2.
under 4.5 percent of the reference part made known in accordance with § 16 (2) sentence 2 of the Direct Payments Implementing Act, the competent authority lifts the notice in accordance with § 16 (
)
the case of a contract notice referred to in paragraph 1 (1), the conversion of permanent pasture land shall be approved if another area in the same region is to be used. with the corresponding number of hectares as permanent pasture land. § 16 (3) sentence 5 of the Direct Payments-Implementing Act, § § 20, 21, 21a, 22 of this Regulation and § 25 of the InVeKoS regulation apply accordingly. By way of derogation from the first sentence, in the cases referred to in Article 16 (3) sentence 4 of the direct payments implementing act, the conversion of permanent pasture shall be authorised without obligation to replant permanent pasture land.(3) After a notice as referred to in paragraph 1 (1), the reduction in the permanent pasture percentage to more than 5 per cent of the reference part made known in accordance with Article 16 (2), second sentence, of the Direct Payments Implementing Act shall be lifted by the competent authority the notice referred to in paragraph 1, point 1, and makes this known in the Federal Gazette.

Subsection 5
Reconversion of areas in permanent pasture by publication in accordance with Article 16 (4) of the Direct Payments-Implementing Act

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§ 24a obligation to transform into permanent pasture

(1) Farmer who has areas on which permanent pasture has been converted for other uses is
1.
if a case of § 23 is not available after Announcement according to § 16 (4) of the Direct Payments-Implementing Act,
2.
as far as a case of § 23 is available after announcement according to § 23 Paragraph 2 sentence 2
in accordance with the provisions of this subsection, obliged to re-convert areas into permanent pasture land or to create land as permanent pasture land.(2) Where the second sentence of the second subparagraph of Article 44 (3) and the fifth subparagraph of Article 44 (5) of the Delegated Regulation (EU) No 639/2014 is not directly applicable, the rules shall apply accordingly. Non-official table of contents

§ 24b Selection of farmers

(1) A farmer is included in the fourth subparagraph of Article 44 (2) of the Delegates Regulation (EU) No 639/2014 on the reconversion of land in permanent grassland.(2) Do not allow the areas to be re-converted under paragraph 1 in permanent pasture to ensure that the reduction in the permanent pasture share to 4.9 per cent of the reference part made known in accordance with Article 16 (2), second sentence, of the Direct Payments Act , a farmer shall be obliged, in accordance with the provisions of Article 44 (3), subparagraphs 1 to 3 of the delegated Regulation (EU) No 639/2014, to reconvert areas into permanent pasture or other land as permanent pasture land. The first sentence shall not apply to an area for which the conversion has been granted subject to the condition of the installation of a land other than permanent pasture, and provided that the establishment of the permanent pasture shall be carried out in accordance with the conditions laid down in the Annex. the applicable rules,
1.
in the case of section 16 (3), second sentence, point 3 of the Direct Payments Act,
2.
in a case of § 24 (2) sentence 1 of this Regulation,
3.
for the years 2012 to 2014 the applicable rules on compliance with other obligations laid down in Chapter 1 of Title II of Regulation (EC) No 73/2009 establishing common rules for direct support schemes under the common agricultural policy and with certain provisions relating to: 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
4.
in accordance with the rules on cross-compliance applicable for 2014 and 2015 respectively, in accordance with the following rules: Title VI of Regulation (EU) No 1306/2013.
Sentence 1 shall not apply to an area for which an authorisation is granted in a case falling within the scope of section 16 (3) sentence 4 of the Direct Payments Act or the third sentence of Article 24 (2) of this Regulation. is available.(3) In the case of paragraph 2, the exception provided for in the second subparagraph of Article 44 (3) of the Delegated Regulation (EU) No 639/2014 shall apply if the conditions for all regions are met. unofficial table of contents

§ 24c procedure

(1) The determination that a farmer is obliged to return land to permanent pasture , shall be written in writing.(2) In the case referred to in Article 24b (1), in the determination referred to in paragraph 1, the areas concerned shall be referred to in terms of location and size in hectares with at least two decimal places, which shall be converted back into permanent pasture.(3) In the case referred to in paragraph 24b (2), the statement referred to in paragraph 1 shall include:
1.
The area by location and size in hectares with at least two decimal places of commercial use rounded up, of which a percentage must be converted back into permanent pasture, or where this proportion must be applied to other areas as permanent pasture,
2.
in percent with two decimal places, the percentage of converted areas that is to be converted back into permanent pasture or to the other area as
3.
the size of the area corresponding to this percentage in square meters.
For the calculation of the percentage of the total area, the percentage of the total area of the area is calculated. The share shall be based on the number of hectares required to reduce the decrease in the percentage of permanent pasture to 4.9 per cent of the reference percentage made known in accordance with Article 16 (2), second sentence, of the Direct Payments Implementing Act. Non-official table of contents

§ 24d Reporting requirements

(1) After announcing a determination in accordance with Section 24c (1) in conjunction with paragraph 2 or 3, a farmer shall report to the competent authority within 14 days if he no longer has any of the area referred to in the statement or if he no longer has the obligation to fulfil the obligation laid down in § 24a (1). This period shall begin on the date on which the farmer becomes aware of the facts to be reported, but at the earliest on the date of the announcement of the finding. The message must be specified:
1.
the area by location and size,
2.
the day from which the Owner no longer has the surface area,
3.
the following manager of the area with name, address and, as far as is known, operating number according to § 17 of the InVeCoS Regulation,
4.
as far as the following management is not known or not known by name and address, also the owner of the area with name and Address.
(2) After a determination in accordance with Section 24c (2) or (3), the farmer shall notify the competent authority of the re-conversion of the land or plant of other land as permanent pasture within 14 days after the date of return of the land. this is done. In the case of the installation of other land as permanent pasture, the latter shall be designated by location and size. The rates 1 and 2 shall not apply to areas for which the farmer has reported a report under paragraph 1.(3) Where the competent authorities disclose samples or provide forms or forms for the notifications referred to in paragraphs 1 and 2, they shall be used.(4) In the case referred to in paragraph 1, the determination in accordance with Article 24c (1) shall be deemed to have effect from the date on which the farmer no longer has the area, as amended in the scope of this notification. Non-official table of contents

§ 24e Other years

As long as a notice is not cancelled in the cases referred to in Section 24a (1) (1) and (2) , § § 24a to 24d shall also apply for each additional year in which the percentage of permanent pasture determined in accordance with Article 45 (2) of Regulation (EU) No 1307/2013 by more than 5 per cent shall be subject to the proportion of permanent pasture land in accordance with Article 16 (2) of the

Section 3
Environmental Interest

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§ 25 Brachlying areas (Article 46, paragraph 2, point (a) of Regulation (EU) No. 1307/2013)

(1) On a brachlying area, which is a farmer's area in the application for direct payment of land management methods favourable to climate protection and environmental protection, classified as an area used in the environmental interest, shall not be designated during the year for which this application is made; agricultural production. By way of derogation from the first sentence, 1. August this year, a sowing or planting which does not lead to the harvest before the end of this year, is prepared and carried out, or the growth is consected by sheep or goats.(2) By way of derogation from the first sentence of paragraph 1, the competent authorities of the Member States may, as from 1. May, in general or on a case-by-case basis, authorise the growth in areas where, due to exceptional circumstances, in particular adverse weather events, insufficient fodder is available or is likely to occur, the growth of the is used by grazing with animals or by cutting use for feed purposes. Non-official table of contents

§ 26 Terraces (Article 46 (2) (b) of Regulation (EU) No 1307/2013)

Terraces may apply in the application Direct payment for the payment of climate and environmental protection farming methods are designated as areas used in the environmental interest if they are in good condition in the framework of the standards for the conservation of land in good Point 7 of Annex II to Regulation (EU) No 1306/2013, which is the agricultural and environmental condition of the European Union. Non-official table of contents

§ 27 Landscape elements (Article 46 (2) (c) of Regulation (EU) No 1307/2013)

(1) Landscape elements in the application for direct payment for the payment of climate and environmental protection, eligible land management methods may be identified as being used in the environmental interest if they are used within the framework of the standards for the conservation of land in In accordance with Annex II to Regulation (EU) No 1306/2013, point 7 or the basic requirements for management number 2 or the basic requirements for management point 3 of Annex II to Regulation (EU) No 1306/2013 are protected.(2) Field edges within the meaning of Article 45 (4) (e) of the delegated Regulation (EU) No 639/2014 may, in the application for direct payment for payment for climate protection and environmental protection, be eligible for agricultural farming methods other than environmental protection areas used. Section 25 shall apply mutaactily to areas used in the area of environmental interest as defined in the first sentence of paragraph 1. Non-official table of contents

§ 28 buffer strips (Article 46 (2) (d) of Regulation (EU) No 1307/2013)

(1) Other buffer strips than the within the framework of the standards for the conservation of land in good agricultural and environmental condition, point 1 or the basic requirements for management number 1 or the basic requirements for management point 10, as referred to in Annex II of Regulation (EU) No 1306/2013 may be designated, in the application for direct payment for payment for climate and environmental protection, agricultural farming methods other than those used in the environmental interest, if at least one meter wide.(2) Buffer strips may be designated in the application for direct payment for the payment for climate protection and environmental protection of eligible land management methods up to a maximum of 20 metres measured from the upper edge of the river water .(3) A grazing or cutting use may take place on a buffer strip designated as an area used in the environmental interest, provided that the buffer strip remains distinguishable from the adjacent farmland. Without prejudice to the first sentence, paragraph 25 shall apply mutatily.(4) waters at the margins of which other buffer strips within the meaning of paragraph 1 may run, shall be permanently or temporarily in beds or stagnant or wild-flowing surface waters, except in the case of occasional water-carrying, but including periodically water-carrying. Non-official table of contents

§ 29 Strip of eligible hectares of forest edges (Article 46 (2) (f) of Regulation (EU) No. 1307/2013)

(1) Strips of eligible hectares at forest edges may be identified in the application for direct payment for the payment of climate and environmental protection by land management methods other than those used in the environmental interest if they are at least one meter wide.(2) No agricultural production shall take place on a strip of eligible hectares of forest land which is designated as an area used in the environmental interest. By way of derogation from the first sentence, a grazing or cutting use shall take place, provided that the strip remains distinguishable from the neighbouring arable land. Without prejudice to the second sentence, paragraph 25 shall apply mutatily. Non-official table of contents

§ 30 Areas with low forest with short drive (Article 46, paragraph 2, point (g) of Regulation (EU) No 1307/2013)

(1) Permitted types of land used in environmental interest with low forest with short drive in the payment for climate protection and environmental protection Forestry management methods are those used in Appendix 1 as eligible species for environmental interest Areas designated.(2) No mineral fertilizers and no plant protection products may be used on land with low forest with short-circulation in the environmental interest. Non-official table of contents

§ 31 Areas with intermediate fruit growing or green cover (Article 46 (2) (i) of Regulation (EU) No 1307/2013)

(1) On an area designated in the application for direct payment for payment for climate and environmental protection, agricultural farming methods other than those used in the environmental interest, with intermediate crop or green cover, shall be subject to the following conditions: Use of mixtures of crop plants consisting of species listed in Appendix 3. No species may have a higher proportion of the seed of the mixture in a crop mixture than 60 per cent. The proportion of grasses in the seeds of the crop mixture must not exceed 60 per cent.(2) In the case of intermediate crop or green cover, which is designated in the application for direct payment as an area used in the environmental interest for the payment of land management methods for the protection of the environment and the environment, the sowing shall be allowed to: the crop mix not before the 16. The following:(3) In the year of application, an area of intermediate crop or green cover, designated as an area used in the environmental interest, may be used only by grazing with sheep or goats. Non-official table of contents

§ 32 Surfaces with nitrogen-binding plants (Article 46 (2) (j) of Regulation (EU) No 1307/2013)

(1) an area with nitrogen-binding plants, which is designated in the application for direct payment for land management methods which promote climate protection and environmental protection, as an area used in the environmental interest, shall be allowed in Annex 4 shall be grown.(2) Where the nitrogen-binding plants Glycine max, Lens spp., Lupinus albus, Lupinus angustifolius, Lupinus luteus, Phaseolus vulgaris, Pisum sativum or Vicia faba are grown on an area within the meaning of paragraph 1, they shall be grown in the application year. at least during the period of 15. May 15. August is on the surface. The period of sentence 1 shall begin with the day of sowing. The plants are no longer within the meaning of the sentence 1 on the surface from the day after
1.
the harvest of the fruits or grains or
2.
the mowing, towing, or consecration of the growing or
3.
a mechanical tillage or a Treatment with a herbicide which leads to a destruction of the growth of the nitrogen-binding plants.
If the harvest of fruit or grains occurs before the 15. By way of derogation from the first sentence of 1 August of a year, the grain or fruit shall be allowed to take place before the 15. shall be harvested in so far as the farmer has indicated the harvest not later than three days before the date of commencement of the harvest.In the case of a surface within the meaning of paragraph 1, other nitrogen-binding plants authorised in accordance with Appendix 4 shall be the same as those referred to in the first sentence of paragraph 2 during the application year, at least during the period of 15 years. May 31. August is on the surface. The period of sentence 1 shall begin with the day of sowing. They are no longer within the meaning of the sentence 1 on the surface from the day after a mechanical soil treatment or a treatment with a herbicide which results in the destruction of the growth of the nitrogen-binding plants. Non-official table of contents

§ 33 conversion factors for areas used in environmental interest

In calculating the area size of the areas used in the Environmental interest space is used at
1.
Terraces and
2.
individually Trees, insofar as these are subject to a ban on disposal under the rules on agricultural payments under Article 93 of Regulation (EU) No 1306/2013,
the conversion factors shall be set out in accordance with Annex X of Regulation (EU) No 1307/2013 used.

Part 5
Final rules

Non-official Table of contents

§ 34 Entry into force

This Regulation shall enter into force on the day after the announcement. Non-official table of contents

Final formula

The Bundesrat has agreed.   unofficial table of contents

Appendix 1 (to § § 3 and 30 (1))
Suitable species for Niederwald with short-term drive including indication of permitted species for areas used in environmental interest, and their maximum harvesting cycles

(Fundstelle: BGBl. I 2014, 1697)
Types suitable for Niederwald with short drive GattungArtMaximum
harvesting cycle
(years) Permitted
types for surfaces used in
environmental interest
Botanical
label Deutsche
labelBotanical
label Deutsche
label Botanical
label Deutsche
label
Salix Weiden all kinds 20 S. triandra 1 Mandelweide1
S. viminalis1 Korbweide1
Populus Papples all kinds 20 P. alba1 Silver Pappel1
P. canescens1 Graupappel1
P. nigra1 Black pappel1
P. tremula1 Zitterpappel1
Robinia Robinia all kinds 20
Betula Birks all kinds 20 B. pendula Gemeine Birke, Hängebirke
Alnus Erlen all kinds 20 A. glutinosa Schwarzerle
A. incana Grauerle
Fraxinus Eschen F. excelsior Gemeine Esche 20 F. excelsior Gemeine Esche
Quercus Eichen Q. robur Stieleiche 20 Q. robur Stieleiche
Q. petraea Traubeneiche 20 Q. petraea Traubeneiche
Q. rubra Roteiche 20
1
Including the intersections also with other types of this genus.
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asset 2 (to § 7 paragraph 2)
conversion key for livestock in large-scale units

(site: BGBl. I 2014, 1698)
TierartGroßviehunity
1 Horses under 3 years old, small horses, ponies, donkeys, mulis and Maultiere 0, 70
2 Horses 3 years and older 1, 10
3 Calves and young bark under 1 Year 0, 30
4 Jungrinder 1 to under 2 years 0, 70
5 Cattle 2 years and older 1, 00
6 Sheep under 1 year 0, 05
7 Schafe 1 year and older 0, 10
8 Goats 0, 08
9 Ferkel 0, 02
10 Mastschweine 0, 13
11 Breeding pig 0, 30
12 Leg hens 0, 003
13 Other Gewings 0, 014
14 Damtiere under 1 year 0, 04 
15 Damtiere 1 Year and older 0, 08
16 Lamas 0, 1
17 Strings, breeding animals 14 months and older 0, 32
18 Strauße, Jungtiere/Masttiere unter 14 months0.25
unofficial Table of contents

Appendix 3 (to § 31, paragraph 1)
Permitted species for crop mixtures on land with intermediate crop cultivation or green cover, which are designated as areas used in the environmental interest

(Fundstelle: BGBl. I 2014, 1699-1701)
Botanical Name of German Name
Gräser
Dactylis glomerata Knaulgras
Festulolium Wiesenschweidel, Festulolium
Lolium x boucheanum Bastardweidelgras
Lolium multiflorum One-year and Welsches Weidelgras
Lolium perenne Deutsches Weidelgras
Avena strigosa Rauhafer
Sorghum bicolor Mohrenhirse
Sorghum sudanense Sudangras
Sorghum bicolor x Sorghum sudanense hybrids from the intersection of Sorghum bicolor x Sorghum sudanense
Other
Crotalaria juncea Indians Hanf
Glycine max Soyabohne
Lathyrus spp. without Lathyrus latifolius All types of the genus Platterbsen except broad-leaved platterbans
Lens culinaris Lens
Lotus corniculatus Hornschotenklee
Lupinus albus White Lupine
Lupinus angustifoliusBlue Lupine, narrow-leafed lupine
Lupinus luteus Gelbe Lupine
Medicago lupulinaHopfenklee (Gelbklee)
Medicago sativa Luzerne
Medicago scutellata 1-year-old lucerne
Melilotus spp. All types of the genus Steinklee
Onobrychis spp. All types of the genus Esparsettes
Ornithopus sativus Seradella
Pisum sativum subsp. arvenseFodder peas (Felderbse, Peluschke)
Trifolium alexandrinum Alexandriner Klee
Trifolium hybridumSchwedenklee (Bastardklee)
Trifolium incarnatum Inkarnatklee
Trifolium pratense Rotklee
Trifolium repens White Klee
Trifolium resupinatum Persian Klee
Trifolium squarrosum Sparked Klee
Trifolium subterraneumErdklee (BodenFruchtiger Klee)
Trifolium michelianum Michels Klee
Trifolium vesiculosum Bubble-Fruit Klee
Trigonella foenum-graecum Bockshornklee
Trigonella caerula Schabziger Klee
Vicia faba Ackerbohne
Vicia pannonica Pannonische Wicke
Vicia sativa Saatwicke
Vicia villosa Zottelwicke
Beta vulgaris subsp. cicla var. cicla Mangold
Brassica carinataEthiopian Kohl, Abessinischer Senf
Brassica juncea Sareptasenf
Brassica napus Raps
Brassica nigra Schwarzer Senf
Brassica oleracea var. medullosaFodder cabbage (MarkStammkohl)
Brassica rapa Rübsen, Stoppelrüben
Camelina sativa Leindotter
Eruca sativa Rauke, Rucola
Lepidium sativum Gartenkresse
Raphanus sativus Oilrettich, Meliorationsrettich
Sinapis alba White Senf
Centaurea cyanus Kornblume
Coriandrum sativum Koriander
Crepis spp. All types of the genus Pippau
Daucus carota subsp. carota Wilde Möhre
Dipsacus spp. All types of the genus Karden
Echium vulgare Coming Natternkopf
Foeniculum vulgare Fenchel
Galium verum Real-Labkraut
Hypericum perforatum Real Johanniskraut
Lamium spp. All types of the genus Taubnesseln
Leucanthemum vulgare Margerite
Malva spp. All species of the genus Malven
Oenothera spp. All species of the genus Night Candles
Origanum spp. All types of the genus Dost
Papaver rhoeas Klatschmohn
Petroselinum crispum Petersilie
Plantago lanceolata Spitzwegerich
Prunella spp. all Species of the genus Braunellen
Reseda spp. all Types of genus Reseden
Salvia pratensis Wiesensalbei
Sanguisorba spp. all Species of the genus Wiesenknopf
Silene spp. all Species of the genus Leimherbs
Silybum marianum Mariendistel
Tanacetum vulgare Rainfarn
Verbascum spp. all types of the genus Königskerzen
Agrostemma githago Kornrade
Anethum graveolens Dill
Borago officinalis Borretsch
Calendula officinalis Ringelblume
Carthamus tinctorius Färberdistel, Saflor
Carum carvi cummmel
Fagopyrum spp. all types the genus Buchweizen
Guizotia abyssinica Ramtillkraut
Helianthus annuus Sonnenblume
Linum usitatissimum Lein
Nigella spp. all types of Genus Schwarzkümmel
Phacelia tanacetifolia Phazelie
Spinacia spp. all types the genus spinach
Tagetes spp.all types of the genus Tagetes
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Appendix 4 (to § 32)
Permitted types of nitrogen-binding plants on surfaces with nitrogen-binding plants, which are considered to be in Areas used for the protection of the environment

(Fundstelle: BGBl. I 2014, 1702)
botanical label German designation
Glycine max Soyabohne
Lens spp. all types of genus lenses
Lotus corniculatus Hornschotenklee
Lupinus albus Weiße Lupine
Lupinus angustifoliusBlue Lupine, narrow-leafed lupine
Lupinus luteus Gelbe Lupine
Medicago lupulinaHopfenklee (Gelbklee)
Medicago sativa Luzerne
Medicago x varia Bastardlucerne, Sandluzerne
Melilotus spp. All types of the genus Steinklee
Phaseolus vulgaris Garden Bohne
Pisum sativum Erbse
Trifolium alexandrinum Alexandriner Klee
Trifolium hybridumSchwedenklee (Bastardklee)
Trifolium incarnatum Inkarnatklee
Trifolium pratense Rotklee
Trifolium repens White Klee
Trifolium resupinatum Persian Klee
Trifolium subterraneumErdklee (BodenFruchtiger Klee)
Onobrychis spp. All types of the genus Esparsettes
Ornithopus sativus Seradella
Vicia faba Ackerbohne
Vicia pannonica Pannonische Wicke
Vicia sativa Saatwicke
Vicia villosa Zottelwicke