Regulation on the implementation of direct payments to farmers under the support schemes of the common agricultural policy (direct payments-implementing regulation-direct payment)
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Direct payment passthrough
Date of completion: 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 July 2015 (BAnz. 2015 AT 13.07.2015 V1) has been amended "
| Status: |
Last amended by Art. 1 V v. 8.5.2015 BAnz AT 11.05.2015 V1 |
| Note: |
Amendment by Art. 1 V v. 10.7.2015 BAnz AT 13.07.2015 V1 text proof, documentary proof not yet finished |
For more details, please refer to the menu under
Notes
Footnote
(+ + + Text proof: 14.11.2014 + + +)
(+ + + Official note from the norm-provider on EC law:
Implementation of the
EUV 1307/2013 (CELEX Nr: 32013R1307) cf. § 1 + + +)
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Input formula
It rearrange on the basis of
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Section 6 (1) (2) in conjunction with the first sentence of paragraph 4 and the first sentence of Article 8 (1), also in conjunction with the second, second, second and fourth sentences of the Market Organisation Act, as amended by the Federal Law Gazette of 24 June 2005 (BGBl. I p. 1847), of which § 6 (1) and (4) and § 8 (1) by Article 1 of the Law of 29 July 2009 (BGBl). 2314), respectively in conjunction with Section 1 (2) and Section 27 of the Direct Payments-Implementing Act of 9 July 2014 (BGBl. 897), and in conjunction with Section 1 (2) of the Jurisdiction Adjustment Act of 16 August 2002 (BGBl). I p. 3165) and the Organizational 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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§ 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) (1) and (3) in conjunction with sentence 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 shall apply to the implementation of:
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Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 laying down rules on direct payments to farmers under support schemes within the framework of the common agricultural policy and the Repeal of Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 145, 31.5.2009, p. 608), as amended,
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of acts of the European Union adopted within the framework of the Regulation referred to in paragraph 1 and in its implementation, and
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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 Regulation (EU) No 1307/2013 on an agricultural area throughout the year for which an application for direct payment is made , which is not used for an agricultural activity within the meaning of Article 4 (1) (c) (i) of Regulation (EU) No 1307/2013, the farmer shall be present once during the year.
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mow up and the mowing goes off, or
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Crushed the growth and spread all over the whole area.
(2) The competent authority in accordance with national law may, where justified on grounds of natural protection or environmental protection, authorise derogations from paragraph 1 on request, namely:
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the implementation of one of the activities referred to in paragraph 1 (1) and (2) only in each second year;
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the annual or biennial performance of a different activity other than that referred to in points 1 and 2 of paragraph 1.
In the case of the first sentence, measures shall apply
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in plans and projects for care, development and recovery measures for implementation
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Directive 2009 /147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 378, 27.12.2009, p. 7), as amended, or
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Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7), as amended, or
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in agreements within the framework of nature conservation programmes and agri-environmental and climate measures of the Länder or of a nature conservation association recognised by the Federal Government or the Federal Republic of Germany
(3) By way of derogation from paragraphs 1 and 2, an agricultural activity within the meaning of Article 4 (1) (c) (ii) of the Treaty Regulation (EU) No 1307/2013 on an agricultural area not intended for agricultural activity within the meaning of Article 4 (1) (c) throughout the year for which an application for direct payment is made. Sub-letter i of Regulation (EU) No 1307/2013 is used, even if the the farmer for this area shall be subject to 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 is maintained in a condition suitable for grazing and cultivation, and the farmer complies with the conditions laid down in this measure.
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§ 3 Niederwald with short drive
The types of trees eligible for low-forest conversion, including the indication of permitted species for areas used for environmental interest, and their maximum harvesting cycles, shall be laid down in Appendix 1.
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§ 4 Minimum requirements for the receipt of direct payments
Direct payments shall not be granted in the case referred to in Article 10 (1) (b) of Regulation (EU) No 1307/2013.
Part 2
Active farmer
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Section 5 supplementing the list of enterprises and activities enumerated in the first subparagraph of Article 9 (2) of Regulation (EU) No 1307/2013
(1) In addition to the first subparagraph of Article 9 (2) of Regulation (EU) No 1307/2013, no direct payments shall be granted 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 the conduct of any of the activities referred to in Article 2 (1) (1) (1) and (2) of the Federal Mining Act on its own account.
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§ 6 Application of Article 9 (4) of Regulation (EU) No 1307/2013
The amount referred to in Article 9 (4) of Regulation (EU) No 1307/2013 shall be set at EUR 5 000.
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Section 7 Non-essential agricultural activities
(1) By way of derogation from the first subparagraph of Article 13 (1) and (2) of the Commission's Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing Regulation (EU) No 1307/2013 of the European Parliament and of the Council laying down rules on Direct payments to farmers under the support schemes of the common agricultural policy and amending Annex X to that Regulation (OJ L 327, 30.4.2002, p. 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
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the applicant has indicated in the application for direct payment for the year in question and
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the applicant, except in cases of force majeure or exceptional circumstances, is available for the final date of the application;
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 retirement of such animals, which belong exclusively to the use of permanent sports or leisure facilities for use with such animals as a group of persons in accordance with Article 9 (2) of Regulation (EU) No 1307/2013, the agricultural activities also in the case of an agricultural agricultural activity Area of less than 38 hectares shall not be insignificant if, in the period from January to April of the year for which an application for direct payment is made, on average no more than three livestock units per hectare for the purposes of paragraph 1 for the eligible agricultural area. For the determination of the large-scale units, the conversion key shall be applied in accordance with Appendix 2.
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§ 8 Exercisance of an agricultural activity as principal activity or business purpose
(1) Insofar as proof cannot be provided in the species referred to in the first sentence of the first subparagraph of Article 13 (3) of the Delegated Regulation (EU) No 639/2014, the pursuit of an agricultural activity shall be considered to be the principal activity, or For the purposes of Article 9 (2), third subparagraph, point (c) of Regulation (EU) No 1307/2013, in accordance with paragraphs 2 and 3. (2) In the case of a natural person, the pursuit of an agricultural activity shall be deemed to be a Main activity or business purpose, if:
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the pursuit of an agricultural activity is registered as the object of the undertaking in the commercial register; or
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there is an obligation to insurance in the age of farmers.
(3) In the case of other farmers other than natural persons, the pursuit of an agricultural activity shall be considered as a principal activity or a business purpose;
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in so far as the exercise of an agricultural activity is registered as a purpose or object of the holder in another official register established on a statutory basis, within the framework of a mandatory registration,
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where an entry in accordance with point 1 is not required, where:
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the exercise of an agricultural activity as an object or object of the holder is registered in another official register established on a statutory basis;
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the pursuit of an agricultural activity as a principal activity or a business purpose in the social contract, in a written form, of a statutes or a certificate comparable to that of which the farmer is based, is designated or
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an insurance obligation in the age insurance of farmers for one of the members of the farmer in respect of his activity in the operation of the holder.
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Section 9 National average of direct payments
The Federal Institute for Agriculture and Food (Bundesanstalt) shall determine the national average of the direct payments per hectare for each year, beginning with 2009, in accordance with the second and third subparagraph of Article 12 (2) and the second subparagraph of Article 12 (4). and 4 of the Delegated Regulation (EU) No 639/2014, and makes these amounts known in the Federal Gazette.
Part 3
Basic premium scheme
Section 1
Initial allocation of payment entitlements and application of the basic premium scheme
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Section 10 Availability of eligible hectare
(1) The date referred to in the first sentence of Article 24 (2) of Regulation (EU) No 1307/2013 shall be 15 May 2015. (2) The date referred to in the second sentence of Article 33 (1) of Regulation (EU) No 1307/2013 shall be that in accordance with the provisions of Article 33 (1) of Regulation (EU) No 1307/2013. The integrated administration and control system shall be the relevant closing date for the application for direct payment.
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§ 11 Minimum operating size
A farmer may apply for the fixing of payment entitlements for the basic premium only if the eligible hectares of the holding are not less than one hectare.
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§ 12 Mainly agricultural use
(1) An agricultural area which is also used for non-agricultural activities shall be used mainly for agricultural activity if the agricultural activity can be carried out on the surface without being carried out by the intensity, nature, duration or date of non-agricultural activity shall be severely restricted in accordance with paragraphs 2 or 3. (2) A severe restriction of agricultural activity is usually given when:
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the non-agricultural activity results in the destruction of the crop or grass or a substantial impairment of the growth or a substantial reduction in the yield,
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non-agricultural activity in the period between sowing and harvesting during the growing season or in arable land used with cultivated plants during the period between sowing and harvesting, which shall be carried out at the same time as agricultural activity in the this period is significantly affected or excluded, lasts longer than 14 consecutive days, or is carried out in total more than 21 days in the calendar year,
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by non-agricultural activity, compliance with the obligations under 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, the management and control system of the common agricultural policy and repealing Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 145, 31.5.2009, p. 549), which is in force in the current version,
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a permanent non-agricultural activity does not allow any more common agricultural production methods.
(3) Without prejudice to the fact that an area is an agricultural area, the following areas shall in particular be used mainly for non-agricultural activity:
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Areas belonging to installations serving the road, road, rail or sea transport of persons or vehicles, with the exception of concreted dams, in the case of installations used for the carriage of ships,
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air-traffic runways and runways,
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Areas which are used for recreational or recreational purposes or for sport and are set up for this purpose or obtained in a condition determined for this purpose, with the exception of areas which are only outside the growing season for winter sports shall be used,
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Parks, ornamentals, ornamentals,
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Areas on troop training places where the areas are primarily used for military use,
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surfaces on which there are installations for the use of solar radiation energy,
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Landfills prior to the decommissioning phase.
Section 2
National reserve
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Section 13 Filling of the national reserve
(1) 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, the national reserve for one of the years after 2015 shall not be taken into account for the purpose of filling up the national reserve (2) The reduction factor is obtained by dividing the national ceiling for the base premium for the year concerned by the reduction factor. Total From
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the value of all existing payment entitlements for the year in question prior to the application of this paragraph; and
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the amount of the payment entitlements to be allocated from the national reserve for each year under Article 30 (6) and (9) of Regulation (EU) No 1307/2013, on the basis of the value of the value of the value for the existing Payment entitlements, for the years 2016 to 2018 of the respective region, according to point 1 is taken into account.
(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 contract notice pursuant to Article 12 (4) or (5) of the Direct Payments Implementing Act.
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Section 14 Jurisdiction
The Bundesanstalt is responsible for the monitoring and calculation of the funds available in the national reserve, with the exception of section 13.
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Section 15 Communications
The Länder share the Federal Institute and the Federal Ministry of Food and Agriculture until 1 November for the respective year.
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the payment entitlements which they have entered into the national reserve per region; and
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the payment entitlements per region to be allocated from the national reserve, broken down in accordance with the cases referred to in Article 30 (6) and (9) of Regulation (EU) No 1307/2013 and in Article 16,
with.
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Section 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 Regulation (EU) No 1307/2013 as Article 30 (7) (c), also in conjunction with Article 11 of the Direct Payments Implementing Act, could not be allocated to payment entitlements. (2) In the case referred to in paragraph 1, a farmer shall be subject to a number of payment entitlements to the extent for which he or she is responsible for the use of force majeure; or exceptional circumstances in accordance with other provisions of Title III, Chapter 1 of Regulation (EU) No 1307/2013 as Article 30 (7) (c), also in conjunction with Article 11 of the Direct Payments-Implementing Act, not assigned payment entitlements (3) By way of derogation from paragraph 2, a farmer who does not have sufficient resources for the allocation of the number of payment entitlements resulting from paragraph 2 in a year in the national reserve shall be entitled to payment of payment entitlements in the number that results by the number of payment entitlements, (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 would result from the national reserve for the allocation of payment entitlements under paragraph 2 as a need for funds. 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 applied in the Federal Gazette. (5) In the case referred to in paragraph 1, if an area is not eligible for the year 2015, the payment entitlements shall be allocated to the farmer in the year in which he/she shall be responsible for the area for the first time the basic premium can be granted. Article 14 of the Delegated Regulation (EU) No 639/2014 shall apply accordingly.
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Section 16a Allocation of payment entitlements
(1) § 11 shall apply in accordance with 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 no longer be carried out for a farmer as once.
Part 4
Payment for climate and environmental protection Eligible land management methods
Section 1
Crop diversification
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§ 17 cultivation diversification
(1) The period from 1 June to 15 July shall be taken into account for the calculation of the shares of the different cultures referred to in Article 44 (1) of Regulation (EU) No 1307/2013. (2) Without prejudice to Article 40 (2) of the Delegated Regulation (EU) No. 639/2014 shall apply for the purposes of Article 44 of the Regulation (EU) for the purposes of Article 3 (1), first sentence, point 2 of the IACS Regulation, which consist of arable land used in environmental interest within the meaning of § 27 (2), § 28 or § 29. N ° 1307/2013 as a brachly country.
Section 2
Permanent pasture
Subsection 1
Reference Share
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Section 18 Reference
The calculation of the areas of permanent pasture referred to in Article 45 (2), second subparagraph, point (a) of Regulation (EU) No 1307/2013, shall apply to the areas referred to in Article 43 (2) of the delegated Regulation (EU) No 639/2014 in the following shall be excluded.
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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Section 19 Non-compliance with the obligation laid down in the third subparagraph of Article 45 (1) of Regulation (EU) No 1307/2013 in conjunction with Section 15 of the Direct Payments-Implementing Act
A farmer who has converted or ploughed permanent pasture land in connection with Article 45 (1), third subparagraph, of Regulation (EU) No 1307/2013 in conjunction with Article 15 of the Direct Payments Act, has returned to that area in (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 to in writing. (3) The time limit for the reconversion shall be one month from the date of the Notification of information referred to in paragraph 2 shall not be exceeded. 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 required to the extent necessary.
Subsection 3
Permanent pasture, which is not subject to the obligation referred to in the third subparagraph of Article 45 (1) of Regulation (EU) No 1307/2013
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§ 20 Additional condition for the approval of the conversion of permanent pasture in the case of Section 16 (3) of the Direct Payments-Implementing Act
(1) Where, in the case of Section 16 (3), second sentence, point 3 of the Direct Payments Act, a different area intended for the installation of permanent pasture is not the property of the applicant, the consent of the owner of the area shall be the (2) Where, in the case of Section 16 (3), second sentence, point 3 of the Direct Payments Act, a different area intended for the installation of permanent pasture shall not be used for the operation of the applicant. , the declaration of preparedness of the other holder for the conversion of this (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 of the applicant. the following final date for the application for direct payment is subject to the requirements of Chapter 3 of Title III of Regulation (EU) No 1307/2013 in accordance with the rules on the Integrated Administration and Control System; and (4) A consent in accordance with paragraph 1 or declaration of preparedness in accordance with paragraph 2, the applicant shall be made available to the Authority in writing. 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.
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Section 21 Installation 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 establishment 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 shall be subject to the approval of the following in accordance with the rules on the Integrated Administration (2) In so far as the permanent pasture is not established elsewhere in the same region until the end of the final date referred to in paragraph 1, the following shall end: Approval. If permanent pasture has already been converted, the farmer who has the right to reconvert these areas shall be immediately reconverted.
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Section 21a Period of validity of authorisations pursuant to § 16 (3) of the Direct Payments-Implementing Act
Unused authorisations pursuant to § 16 (3) of the Direct Payments-Implementing Act,
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in so far as a case of § 23 is not available, with the expiry of the day of a notice pursuant to Article 16 (4) of the Direct Payments-Implementing Act,
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in so far as a case of § 23 exists, with the day of the day of a notice pursuant to § 23 (2) sentence 2,
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at the end of the day of a notice in accordance with Article 24 (3),
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in so far as a case of points 1 to 3 does not exist, at the end of the final date for the application for direct payment, which shall be the following in accordance with the rules on the Integrated Administration and Control System.
For authorisations granted up to the date of the closing date as set out in the first sentence of the first sentence of the year 2015, the final date for the year 2016 shall be replaced by the final date referred to in point 4.
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Section 22 Reconversion in the case of conversion contrary to § 16 (3) of the Direct Payments-Implementing Act
A farmer has, in accordance with Article 16 (3) of the Direct Payments Act (Direct Payments-Implementing Act without authorisation) converted permanent pasture to the following in accordance with the rules on the Integrated Administration and Control System. to reconvert the relevant closing date for the application for direct payment.
Subsection 4
Approval of the conversion of permanent pasture by contract notice pursuant to Article 16 (4) of the direct payments-implementing act
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Section 23 Granting of authorisations for the conversion of permanent pasture by more than 5 per cent of the permanent pasture share
(1) In the case referred to in Article 16 (5) of the Direct Payment-Implementing Act, as long as
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Article 45 (3) of Regulation (EU) No 1307/2013, pursuant to Article 45 (4) of Regulation (EU) No 1307/2013, shall not apply; or
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the conditions laid down in the second subparagraph of Article 45 (3) of Regulation (EU) No 1307/2013 are met,
(2) In the case referred to in paragraph 1, the competent authority shall, in the notice referred to in Article 16 (4) of the implementing act, notify the Commission of the following: Direct Payments-Implementing Act, that the conversion of permanent pasture pursuant to Article 16 (3) of the Direct Payments-Implementing Act may continue to 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.
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Section 24 Granting of authorisations to convert permanent pasture to less than 5% of the reference share in the event of the decline in the permanent pasture share
(1) If a case in Section 23 (1) is not present and, after publication in accordance with Article 16 (4) of the Direct Payments-Implementing Act in a region, the decrease in the amount determined in accordance with Article 45 (2) of Regulation (EU) No 1307/2013 is reduced. Permanent pasture
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Under 4.9 per cent, but not less than 4.5% of the reference part made known pursuant to Article 16 (2), second sentence, of the Direct Payments Act, the competent authority in the Federal Gazette makes known that permits for the conversion of a permanent pasture may be granted in accordance with paragraph 2;
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under 4.5 per cent of the reference part made known pursuant to Article 16 (2), second sentence, of the Direct Payments Act, the competent authority shall repeal the notice in accordance with Article 16 (4) of the direct payments implementing act and shall do so in the Federal Gazette.
(2) In the case of a notice referred to in paragraph 1 (1), the conversion of permanent pasture shall be authorised if another area with the corresponding number of hectares is established in the same region as a permanent pasture. § 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 the fourth sentence of Article 16 (3) of the Direct Payments Act, the conversion of permanent pasture land shall be authorised without obligation to replant permanent pasture land. (3) 1 (1) the reduction in the permanent pasture percentage to more than 5% of the reference part made known in accordance with Article 16 (2), second sentence, of the Direct Payments Implementing Act, the competent authority shall raise the notice referred to in paragraph 1, point 1, and makes this known in the Federal Gazette.
Subsection 5
Reconversion of land in permanent pasture after publication in accordance with Article 16 (4) of the Direct Payments-Implementing Act
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§ 24a obligation to convert into permanent pasture
(1) A farmer who has areas on which permanent pasture has been converted for other uses shall be
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in so far as a case of § 23 is not available after the announcement according to Article 16 (4) of the Direct Payments-Implementing Act,
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in so far as a case in § 23 is available after notice pursuant to § 23 (2) sentence 2
in accordance with the provisions of this subsection, the obligation to re-convert areas into permanent pasture land or to create land as permanent pasture. (2) Insofar as the second sentence of the fourth subparagraph of Article 44 (3) and the fifth subparagraph of the Delegated Regulation (EU) No 639/2014 should be applied directly, the rules shall apply accordingly.
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Section 24b Selection of farmers
(1) A farmer shall be obliged to reconvert the land in permanent pasture in the cases referred to in the fourth subparagraph of Article 44 (2) of the delegated Regulation (EU) No 639/2014. (2) In order to reduce the decline in the permanent pasture percentage to 4.9 per cent of the reference share made known pursuant to Article 16 (2), second sentence of the Direct Payments Act, a farmer shall be subject to the conditions laid down in the Article 44 (3), subparagraphs 1 to 3 of the Delegates Regulation (EU) No 639/2014 Reconversion of land into permanent pasture land or plant of other land as permanent pasture. 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 rules to be applied shall be:
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in a case falling under Article 16 (3), second sentence, point 3 of the direct payments implementing act,
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in a case falling within the first sentence of Article 24 (2) of this Regulation,
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in accordance with the 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 rules for the period 2012 to 2014 Agricultural policy and certain support schemes for farmers and amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ L 284, 31.10.2007, p. 16), as amended, or
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in accordance with the rules on cross-compliance in accordance with Title VI of Regulation (EU) No 1306/2013 applicable for 2014 and 2015 respectively.
Sentence 1 shall not apply to an area for which the conversion is granted in a case falling within the scope of the fourth sentence of § 16 (3) of the Direct Payments Act or the third sentence of Article 24 (2) of this Regulation. (3) In the case of paragraph 2, the exception shall be: to apply in accordance with the second subparagraph of Article 44 (3) of the delegated Regulation (EU) No 639/2014, provided that the conditions for all regions are met.
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§ 24c Procedure
(1) The determination that a farmer is obliged to reconvert areas into permanent pasture shall be written in writing. (2) In the case referred to in paragraph 24b (1), the areas concerned shall be determined by location and size in the determination referred to in paragraph 1. (3) In the case referred to in Article 24b (2), the statement referred to in paragraph 1 shall contain a statement of the following:
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the area by location and size shall be rounded in hectares with at least two decimal places, a percentage of which shall be converted back into permanent pasture or, in proportion to this percentage, shall be converted into permanent pasture land ,
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2.
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as a percentage with two decimal places, the proportion of converted areas which is to be converted into permanent pasture or which has to be applied to other areas as permanent pasture,
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3.
-
the size of the area corresponding to this percentage in square metres.
For the calculation of the percentage share, the number of hectares is based on the number of hectares required to ensure that the reduction of the permanent pasture share to 4.9 per cent of the amount of the share of the permanent pasture referred to in Article 16 (2), second sentence, of the Direct Payments Act (direct payments) Reference portion sinks.
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Section 24d Reporting Obligations
After notification of a determination in accordance with Article 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 or does not have an area specified in the statement. the timely fulfilment of the obligation referred to in § 24a (1) will no longer be available. 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 notification shall indicate:
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1.
-
the area by location and size,
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2.
-
the day from which the farmer no longer has the surface area,
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3.
-
the subsequent management of the area by name, address and, where known, operating number in accordance with Article 17 of the IACS Regulation,
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4.
-
where the following management is not known or is 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 latter has been made. 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) Insofar as the competent authorities announce samples for the notifications referred to in paragraphs 1 and 2, or provide forms or forms (4) In accordance with an objectively correct notification in the case referred to in paragraph 1, the determination in accordance with Article 24c (1) shall apply as from the date on which the farmer no longer has the area at his disposal than in the case where the farmer has Scope of this message changed.
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§ 24e Other years
As long as a notice in the cases referred to in § 24a (1) (1) and (2) is not abolished, § § 24a to 24d shall also apply for each additional year in which the notice determined in accordance with Article 45 (2) of Regulation (EU) No 1307/2013 Percentage of permanent pasture by more than 5 per cent under the reference share made known in accordance with Article 16 (2), second sentence, of the Direct Payments Implementing Act.
Section 3
Land use in environmental interest
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Section 25 Brachlying areas (Article 46 (2) (a) of Regulation (EU) No 1307/2013)
(1) On a surface area lying on a surface which is designated by a farmer in the application for direct payment of land management methods favourable to climate and environmental protection, as an area used in the environmental interest, shall be allowed to: of the year for which this application is made, no agricultural production shall take place. By way of derogation from the first sentence of 1 August of this year, sowing or planting which does not lead to the harvest before the end of this year may be prepared and carried out or the growing by sheep or goats be graded. (2) Notwithstanding paragraph 1 Sentence 1 may allow the competent authorities of the countries concerned, as from 1 July of each year, in general or on a case-by-case basis, that in areas where exceptional circumstances, in particular adverse weather events, do not adequately cover the Fodder is available or will be available, the growing by grazing with animals or by cutting use for feed purposes.
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§ 26 Terraces (Article 46 (2) (b) of Regulation (EU) No 1307/2013)
In the application for direct payment for the payment of climate and environmental protection, terraces may be designated as areas of land management which are used in the environmental interest if they are used in the framework of the standards for the conservation of Areas in good agricultural and environmental condition Number 7 are protected in accordance with Annex II to Regulation (EU) No 1306/2013.
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§ 27 Landscape elements (Article 46 (2) (c) of Regulation (EU) No 1307/2013)
(1) Landscape elements may be designated, in the application for direct payment for the payment of climate and environmental protection, agricultural land management methods other than those used in the environmental interest, if they are subject to the standards for the Maintenance of land in good agricultural and environmental condition Number 7 or the basic requirements for management No 2 or the basic requirements for management point 3 in accordance with Annex II to Regulation (EU) No 1306/2013 (2) Field edges within the meaning of Article 45 (4) (e) of Delegated Regulation (EU) No 639/2014 may be designated in the application for direct payment for payment for climate protection and environmental protection by land management methods as used in the environmental interest. Section 25 shall apply mutatily to areas used in the area of environmental interest as defined in the first sentence of paragraph 1.
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Section 28 Buffer strips (Article 46 (2) (d) of Regulation (EU) No 1307/2013)
(1) Other buffer strips other than those within the framework of the standard for the conservation of land in good agricultural and environmental condition, point 1 or the basic requirements for the management number 1 or the basic requirements to be met by the Operational management Number 10 referred to in Annex II to Regulation (EU) No 1306/2013 may, in the application for direct payment for payment for climate protection and environmental protection, be eligible for agricultural land management methods other than those used in the environmental interest are shown if they are at least one metre wide. (2) Buffer strips can be shown in Application for direct payment for the payment for climate protection and environmental protection Eligible land management methods up to a maximum of 20 metres measured from the upper edge of the river of the water. (3) On a The buffer strip, which is designated as an area used in the environmental interest, may be graded or cut, provided that the buffer strip remains distinguishable from the adjacent farmland. Without prejudice to the provisions of the first sentence, paragraph 25 shall apply. (4) Waters on the other side of which other buffer strips within the meaning of paragraph 1 may run, shall be permanently or temporarily in beds in beds or standing or running wild from sources of wild origin Surface waters, except for occasional water-carrying but including periodically water-carrying.
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Section 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 designated, in the application for direct payment for the payment of climate and environmental protection, agricultural land management methods other than those used in the environmental interest, if they at least one metre wide. (2) Agricultural production shall not take place on a strip of eligible hectares of forest edges designated as being 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 mutaly.
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§ 30 Areas with low-forest with short-circulation (Article 46 (2) (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 Farming methods are those used in Appendix 1 as eligible species for environmental interest (2) No mineral fertilisers and no plant protection products may be used for areas of low forest with short-circulation in the environmental interest.
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Section 31 Areas with intermediate crop cultivation 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 protection and environmental protection, agricultural farming methods other than those used in the environmental interest, with intermediate crop cultivation 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 shall not exceed 60%. (2) On an area of intermediate crop or green cover, the area used in the application for direct payment as an area used in the environmental interest for payment for the In the year of application, an area with an intermediate fruit cultivation or a green ceiling, which is considered to be eligible for agricultural production, must not be used before 16 July. (3) the area used in the environmental interest, only by grazing with Ovine or caprine animals are used.
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Section 32 Areas with nitrogen-binding plants (Article 46 (2) (j) of Regulation (EU) No 1307/2013)
(1) On an area with nitrogen-binding plants, which is designated in the application for direct payment for the payment for climate protection and environmental protection, land management methods as used in the environmental interest shall be subject to the following conditions: For the purposes of paragraph 1, the nitrogen-binding plants Glycine max, Lens spp., Lupinus albus, Lupinus angustifolius, Lupinus luteus, Phaseolus vulgaris, Pisum sativum or Vicia faba shall be cultivated on an area within the meaning of paragraph 1. , they must be grown during the application year, at least during the period from 15 May to on the 15th of August on the surface. The period of sentence 1 shall begin with the day of sowing. The plants shall no longer be located within the meaning of the sentence 1 on the surface from the day after:
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1.
-
the harvest of the fruits or grains; or
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2.
-
the mowing, the towing or the consecting of the growth; or
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3.
-
a mechanical soil treatment 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 15 August of a year, the grain or fruit may be harvested before 15 August, by way of derogation from the first sentence, provided that the farmer is to be harvested no later than three days before the date of commencement of the harvest. (3) 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 the one referred to in the first sentence of paragraph 2 during the application year, at least during the period from 15 May to 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.
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§ 33 conversion factors for areas used in the environmental interest
In the calculation of the area size of the areas used in the environmental interest, the
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1.
-
Terraces and
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2.
-
individually standing trees, to the extent that they are subject to a ban on disposal under the provisions of Article 93 of Regulation (EU) No 1306/2013, in accordance with the rules on agricultural payments,
The conversion factors referred to in Annex X to Regulation (EU) No 1307/2013 are used.
Part 5
Final provisions
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Section 34 Entry into force
This Regulation shall enter into force on the day following the date of delivery.
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Final formula
The Federal Council has agreed.
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Appendix 1 (to § § 3 and 30 (1))
Species suitable for Niederwald with short-term conversion, including indication of permitted species for areas used in environmental interest, and their maximum harvesting cycles
(Fundstelle: BGBl. I 2014, 1697)
Species suitable for Niederwald with short-circulation
GattungArtMaximaler Harvesting cycle (years) Permitted Types for the Environmental interest Areas used
Botanical Label Germans Labeling Botanical Label Germans Name Botanical Label Germans Label
| Salix |
Weiden |
all species |
20 |
S. triandra 1 |
Almond pasture 1 |
| S. viminalis 1 |
Corbweide 1 |
| Populus |
Papples |
all species |
20 |
P. alba 1 |
Silver Pappel 1 |
| P. canescens 1 |
Graupappel 1 |
| P. nigra 1 |
Black pappel 1 |
| P. tremula 1 |
Citterpappel 1 |
| Robinia |
Robinia |
all species |
20 |
|
|
| Betula |
Birch |
all species |
20 |
B. pendula |
Common birch, mountainous mountains |
| Alnus |
Erlen |
all species |
20 |
A. glutinosa |
Black |
| A. incana |
Grauerle |
| Fraxinus |
Eschen |
F. excelsior |
Common ash |
20 |
F. excelsior |
Common ash |
| Quercus |
Oak |
Q. robur |
Stiel oak |
20 |
Q. robur |
Stiel oak |
| Q. petraea |
Grape oak |
20 |
Q. petraea |
Grape oak |
| Q. rubra |
Red ponds |
20 |
|
|
-
-
Including the intersections also with other species of this genus.
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Appendix 2 (to § 7 (2))
Conversion key for livestock units in large livestock units
(Fundstelle: BGBl. I 2014, 1698)
Livestock Livestock Unit
| 1 |
Horses under 3 years of age, small horses, ponies, donkeys, mulis and mules |
0.70 |
| 2 |
Horses 3 years and over |
1.10 |
| 3 |
Calves and young cattle under 1 year |
0.30 |
| 4 |
Jungrinder 1 to under 2 years |
0.70 |
| 5 |
Cattle 2 years and over |
1.00 |
| 6 |
Sheep under 1 year |
0.05 |
| 7 |
Sheep 1 year and over |
0.10 |
| 8 |
Goats |
0.08 |
| 9 |
Piglets |
0.02 |
| 10 |
Mastschweine |
0.13 |
| 11 |
Breeding pigs |
0.30 |
| 12 |
Laying hens |
0.003 |
| 13 |
Other poultry |
0.014 |
| 14 |
Dams under 1 year |
0.04 |
| 15 |
Damanimals 1 year and older |
0.08 |
| 16 |
Lamas |
0.1 |
| 17 |
Bouquet, breeding animals 14 months and older |
0.32 |
| 18 |
Bouquets, young animals/Masttiere under 14 months |
0.25 |
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Appendix 3 (to § 31 (1))
Permitted species for arable crop mixtures on land with intermediate crop or green cover, which are designated as areas used in the environmental interest
(Fundstelle: BGBl. I 2014, 1699-1701)
Botanical label German name
| Grasses |
| Dactylis glomerata |
Knaulgras |
| Festulolium |
Wiesenschweidel, Festulolium |
| Lolium x boucheanum |
Bastardweidelgras |
| Lolium multiflorum |
One-year and Welsches Weidelgras |
| Lolium perenne |
Deutsches Weidelgras |
| Avena strigosa |
Rougher |
| Sorghum bicolor |
Mohrenhirse |
| Sorghum sudanense |
Sudangras |
| Sorghum bicolor x Sorghum sudanense |
Hybrids from the intersection of Sorghum bicolor x Sorghum sudanense |
| Other |
| Crotalaria juncea |
Indian hemp |
| Glycine max |
Soybean |
| Lathyrus spp. without Lathyrus latifolius |
all species of the genus Platterbsen except wide-leafed platterbans |
| Lens culinaris |
Lens |
| Lotus corniculatus |
Hornschotenklee |
| Lupinus albus |
White Lupine |
| Lupinus angustifolius |
Blue lupine, narrow-leafed lupine |
| Lupinus luteus |
Yellow Lupine |
| Medicago lupulina |
Hopfenklee (yellow clover) |
| Medicago sativa |
Lucerne |
| Medicago scutellata |
One-year-old Luzerne |
| Melilotus spp. |
all species of the genus Steinklee |
| Onobrychis spp. |
all species of the genus Esparsettes |
| Ornithopus sativus |
Seradella |
| Pisum sativum subsp. arvense |
Forage peas (Felderbse, Peluschke) |
| Trifolium alexandrinum |
Alexandriner Klee |
| Trifolium hybridum |
Schwedenklee (Bastardklee) |
| Trifolium incarnatum |
Incarnatstie |
| Trifolium pratense |
Red clover |
| Trifolium repens |
White clover |
| Trifolium resupinatum |
Persischer Klee |
| Trifolium squarrosum |
Sparing Klee |
| Trifolium subterraneum |
Earth klee (Ground-Fruit Klee) |
| Trifolium michelianum |
Michels Klee |
| Trifolium vesiculosum |
Bubbly-Fruit clover |
| Trigonella foenum-graecum |
Bockshornklee |
| Trigonella caerula |
Schabziger Klee |
| Vicia faba |
Arable bean |
| Vicia pannonica |
Pannonian Wicke |
| Vicia sativa |
Seed wicks |
| Vicia villosa |
Zottelwicke |
| Beta vulgaris subsp. cicla var. cicla |
Mangold |
| Brassica carinata |
Ethiopian Kohl, Abessinian Senf |
| Brassica juncea |
Sareptasenf |
| Brassica napus |
Raps |
| Brassica nigra |
Black mustard |
| Brassica oleracea var. medullosa |
Fodder cabbage (Markcoal) |
| Brassica rapa |
glands, stubble beet |
| Camelina sativa |
Leindotter |
| Eruca sativa |
Rauke, Rucola |
| Lepidium sativum |
Garden cress |
| Raphanus sativus |
Oilrettich, Meliorationsrettich |
| Sinapis alba |
White mustard |
| Centaurea cyanus |
Cornflower |
| Coriandrum sativum |
Koriander |
| Crepis spp. |
all species of the genus Pippau |
| Daucus carota subsp. carota |
Wilde Möhre |
| Dipsacus spp. |
all species of the genus Karden |
| Echium vulgare |
Ordinary Natternkopf |
| Foeniculum vulgare |
Fennel |
| Galium verum |
Real Labkraut |
| Hypericum perforatum |
Real St John ' s wort |
| Lamium spp. |
all species of the genus Taubnesseln |
| Leucanthemum vulgare |
Margerite |
| Malva spp. |
all species of the genus Malven |
| Oenothera spp. |
all types of genus Night Candles |
| Origanum spp. |
all species of genus Dost |
| Papaver rhoeas |
Klatschmohn |
| Petroselinum crispum |
Parsley |
| Plantago lanceolata |
Spitzwegerich |
| Prunella spp. |
all species of the genus brown |
| Reseda spp. |
all species 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 species of the genus Königskerzen |
| Agrostemma githago |
Kornrade |
| Anethum graveolens |
Dill |
| Borago officinalis |
Borretsch |
| Calendula officinalis |
Ringed flower |
| Carthamus tinctorius |
Dyerdistel, safflower |
| Carum carvi |
Cumin |
| Fagopyrum spp. |
all species of the genus buckwheat |
| Guizotia abyssinica |
Ramtillkraut |
| Helianthus annuus |
Sunflower |
| Linum usitatissimum |
Lein |
| Nigella spp. |
all species of the genus Schwarzkümmel |
| Phacelia tanacetifolia |
Phazelie |
| Spinacia spp. |
all species of the genus Spinach |
| Daytime spp. |
all species of the genus Tagetes |
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Appendix 4 (to § 32)
Permitted species of nitrogen-binding plants on land with nitrogen-binding plants, which are designated as areas used in the environmental interest
(Fundstelle: BGBl. I 2014, 1702)
Botanical label German name
| Glycine max |
Soybean |
| Lens spp. |
All species of the genus |
| Lotus corniculatus |
Hornschotenklee |
| Lupinus albus |
White Lupine |
| Lupinus angustifolius |
Blue lupine, narrow-leafed lupine |
| Lupinus luteus |
Yellow Lupine |
| Medicago lupulina |
Hopfenklee (yellow clover) |
| Medicago sativa |
Lucerne |
| Medicago x varia |
Bastard lucerne, sandlucerne |
| Melilotus spp. |
all species of the genus Steinklee |
| Phaseolus vulgaris |
Garden bean |
| Pisum sativum |
Pea |
| Trifolium alexandrinum |
Alexandriner Klee |
| Trifolium hybridum |
Schwedenklee (Bastardklee) |
| Trifolium incarnatum |
Incarnatstie |
| Trifolium pratense |
Red clover |
| Trifolium repens |
White clover |
| Trifolium resupinatum |
Persischer Klee |
| Trifolium subterraneum |
Earth klee (Ground-Fruit Klee) |
| Onobrychis spp. |
all species of the genus Esparsettes |
| Ornithopus sativus |
Seradella |
| Vicia faba |
Arable bean |
| Vicia pannonica |
Pannonian Wicke |
| Vicia sativa |
Seed wicks |
| Vicia villosa |
Zottelwicke |
