Regulation on the implementation of special aid for certain milk producers (milk special aid regulation-MilchSonBeihV)

Unofficial table of contents

Milk SonBeihV

Release date: 27.12.2016

Full quote:

" Milk special aid regulation of 27 December 2016 (BGBl. I p. 3227) "

Footnote

(+ + + Text evidence from: 29.12.2016 + + +) 
(+ + + For application cf.  § 10 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the   
 EUV 2016/1613 (CELEX Nr: 32016R1613) cf.  § 1 of this V + + +) 

  

The V was referred to as Article 1 of the V v. 27.12.2016 I 3227 by the Federal Ministry of Food and Agriculture in agreement with the Federal Ministry of Finance, the Federal Ministry of Economic Affairs and Energy, the Federal Ministries of Justice and for Consumer protection as well as for the economy and energy with the approval of the Federal Council. She's gem. Art. 6 of this V entered into force on 29.12.2016. Gem. Section 10, first sentence, the V shall enter into force at the end of 31.12.2018. Unofficial table of contents

Content Summary

§ 1	Purpose
§ 2	Responsibility
§ 3	Amount of aid
§ 4	Granting of aid
§ 5	Application
§ 6	Proof of non-increase
§ 7	Transmission of operational data
§ 8	Duties of retention, duress and co-action
§ 9	Communications
§ 10	Override

Unofficial table of contents

§ 1 Purpose

In the implementation of the Commission Delegated Regulation (EU) 2016/1613 of 8 September 2016 on exceptional adjustment aid for milk producers and farmers in other livestock sectors (OJ L 327, 28.12.2016, p. 10), as amended by this Regulation, aid to cow's milk producers shall be granted. Unofficial table of contents

§ 2 Jurisdiction

The Federal Institute for Agriculture and Food (Bundesanstalt) is responsible for the implementation of this Regulation in conjunction with the act referred to in § 1. Unofficial table of contents

§ 3 Amount of aid

(1) Subject to paragraph 2, the aid shall be 0.36 cents per kilogram of cow ' s milk from an applicant who shall be the first buyer within the meaning of the second subparagraph of Article 151 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on a common organisation of the market in agricultural products and repealing Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 327, 31.12.2007, p. 671), as amended, provided in Germany and abroad for the period from 1 December 2015 to 30 November 2016 (quantity eligible for aid). (2) Is the amount of the available budget minus according to § § § § § By way of derogation from the first paragraph of the aid, the amount to be repaid shall be greater than the amount resulting from the multiplication of the sum of the eligible quantity of all the applications received under the amount referred to in paragraph 1. The amount per kilogram of milk eligible for aid shall be based on the division of the milk Amount of the funds available, less amounts to be repaid in accordance with Article 6 (3), by the sum of the amount of all the applications approved. Unofficial table of contents

Section 4 Granting of aid

(1) The aid shall be granted only on application which is to be submitted in accordance with Article 5 (3). (2) The aid shall be granted where:

1.

the applicant

a)

has its registered office within the scope of this Regulation;

b)

its cows ' milk deliveries are not increased in comparison with the corresponding period of the previous year (reference period) with the period from 1 February 2017 to the end of 30 April 2017 (retention period),

c)

supplies cow's milk to first purchasers during the last month of the retention period,

d)

does not temporarily transfer dairy cows to another person during the whole or part of the retention period; and

2.

the quantity of the applicant eligible for aid exceeds 30 000 kilograms.

(3) If, between the first day of the period referred to in § 3 (1) and the date of application, the applicant has received the holding or part of the establishment by inheritance or pre-established succession, or has it between the first day of the application of the period referred to in Article 3 (1) and the last day of the retention period, the name or legal form of the holding shall be amended, Article 14 (1) and (2) of the Delegated Regulation (EU) No 639/2014 of 11 March 2014 shall be adopted by the Commission on Supplement to Regulation (EU) No 1307/2013 of the European Parliament and of the Council on direct payments to farmers under the support schemes of the common agricultural policy and amending Annex X to that Regulation (OJ L 327, 30.4.2004, p. 1), as amended, subject to the proviso that the entitlement to payment of the aid under this Regulation should be replaced by a payment entitlement. If, during the period between the date of application and the last day of the retention period, the holding of business changes by inheritance or pre-established succession, the new farmer shall, from that date, be replaced by the In so far as the applicant does not immediately declare to the Federal Institute not to wish to participate in the procedure for granting the aid. (4) In the case of a special application, an advance of 0.18 cent shall be paid to the aid at the latest by 28 February 2017. per kilogram of the quantity eligible for aid, exclusively from the budget of the Federal Government, granted as additional assistance within the meaning of the first subparagraph of Article 2 of the Delegated Regulation (EU) 2016/1613, if:

1.

the applicant at the time of application

a)

producer of cow ' s milk, and

b)

delivers cow's milk to first-time buyers, and

2.

the application in accordance with § 5 (1) satisfies the requirements referred to in paragraph 5 (2) and the evidence required in Article 5 (2) is provided.

The application referred to in the first sentence shall be submitted in conjunction with the application referred to in paragraph 1. § 5 (4) and (5) shall apply accordingly. Unofficial table of contents

§ 5 Request

(1) The application shall contain:

1.

the name and address of the applicant;

2.

an indication of the total quantity of cow ' s milk delivered to the first purchaser during the reference period;

3.

a declaration by the applicant in which he undertakes not to increase his or her cows ' milk deliveries within the meaning of Article 4 (2) (1) (b);

4.

an indication of the quantity of cow ' s milk eligible for aid;

5.

the operating number referred to in Article 8 (1) (5) of the IACS Regulation relating to the operation of the applicant;

6.

an indication as to whether a change has taken place within the meaning of the first sentence of Article 4 (3);

7.

a declaration by the applicant who undertakes not to leave any dairy cows temporarily to another person during the whole or part of the retention period;

8.

the applicant's consent to use the information available to the Federal Institute for its operation, in so far as this is necessary for the examination of the conditions for the eligibility of the aid;

9.

the bank details of the applicant.

All quantities of milk shall be indicated in kilograms. (2) The application shall be presented as evidence of the particulars referred to in the first sentence of paragraph 1, point 2 and 4, of the quantities of raw milk delivered by the applicant for raw milk delivered by the applicant. (milk settlement), which cover the relevant periods. In place of a milk settlement, the applicant may attach a corresponding confirmation of the respective first purchaser of the raw milk via the milk deliveries during the respective periods. Where the applicant has delivered more than one initial purchaser in the relevant periods, the evidence shall be attached to each of the first and second purchasers in accordance with the first and second sentences. If, during the relevant period, a change is made within the meaning of the first sentence of Article 4 (3), appropriate evidence of conformity of the establishment with the person on whose behalf the evidence shall be drawn up in accordance with the provisions of sentences 1 to 3 shall be appropriate. (3) For the application, use the online form deposited on the website of the traceability and information system for animals (www.hi-tier.de) and submit it in advance to the Federal Institute for electronic communication. The signed application form must be sent by post to the Federal Institute by post in accordance with the provisions of paragraph 2. Both the electronic as well as the written version of the application must be received by the Bundesanstalt until the end of January 16, 2017. (4) The Federal Institute may require additional information and evidence to the extent that this is the case for the decision (5) The applicant shall be obliged to make any changes which result in the fact that the actual or legal circumstances no longer correspond to the particulars or evidence contained in his applications, to inform the Federal Institute in writing without delay. Unofficial table of contents

§ 6 Proof of non-increase

(1) The applicant shall demonstrate to the Federal Office within 45 days of the end of the retention period, using the form provided by the Federal Institute in accordance with the second sentence, that he/she shall be subject to the conditions of eligibility of the § § § § § § § 4 (2). The following shall be stated in the proof:

1.

the name and address of the applicant;

2.

the total quantity of cow ' s milk actually delivered to the first purchaser during the retention period;

3.

the declaration that a milk supply to first purchasers has been made in the last month of the retention period.

(2) For the proofs, § 5 (2), (4) and (5) shall apply. (3) If the applicant does not fulfil the conditions set out in paragraph 1 or not properly, the applicant shall immediately repay the advance payment. (4) The Federal Institute shall review the , in accordance with Articles 58 and 59 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and control system of the common agricultural policy and repealing the Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 145, 31.5.2008, p. 1). 549), as amended, states that the conditions for the eligibility of the aid are in accordance with § 4. It shall carry out an on-the-spot check of at least 5 per cent of the applicants in the context of a sampling check. The grant of the aid shall be made no later than 29 September 2017, an advance within the meaning of Article 4 (4) shall be credited. The date referred to in the third sentence shall not apply when an examination of the case has been initiated. (5) After the granting of the aid, inconsistencies with regard to the application in question shall be granted, the whole application shall be made with regard to the accuracy of the application. Application details and proof of proof. Unofficial table of contents

Section 7 Transmission of operational data

For the purposes of the implementation of this Regulation, in conjunction with the act referred to in Article 1, the paying agencies shall transmit the necessary measures for the purposes of the Integrated Administration and Control System for the measures of the common agricultural policy Operating data within the meaning of § 2 of the InVeKoS-Data-Law on request to the Federal Institute. The Federal Institute can use this data in automated procedures. Unofficial table of contents

§ 8 obligations of retention, duress and coerce

(1) The applicant shall keep all documents relevant to his application or proof, which he has not accompanied in the original to the application or proof, up to the end of the second year following the payment of the aid. (2) For the purposes of monitoring compliance with the act referred to in Article 1 and this Regulation, the applicant and the first-time purchaser shall have the staff of the The Federal Institute, the national audit authorities and the audit authorities of the European Union shall allow the entering of the business, operating and storage areas as well as the operating areas during the business and operating hours, on request the in Relevant books, records, documents, documents, to provide information and other documents for inspection, to provide information and to provide the necessary support. In the case of automated guided recordings, the applicant shall be obliged to produce the necessary printouts at his/her expense. Unofficial table of contents

§ 9 Communications

The Federal Institute shall make the notifications referred to in Article 3 (b) of Regulation (EU) 2016/1613 with regard to the European Commission. Unofficial table of contents

§ 10 External force

This Regulation shall expire on the expiry of 31 December 2018. It shall continue to apply to situations which have occurred before that date.