Simplify Management Of The Cap 2014-2020.

Original Language Title: Semplificazione della gestione della PAC 2014-2020.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-03-12&atto.codiceRedazionale=15A01774&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The Minister of agricultural food and forestry policies having regard to Regulation (EU) no 1305/2013 of the European Parliament and of the Council of December 17, 2013, on support for rural development by the European agricultural fund for rural development (EAFRD) and repealing Council Regulation (EC) No 1698/2005; Having regard to Council Regulation (EC) no 1306/2013 of the European Parliament and of the Council of December 17, 2013, financing, management and monitoring of the common agricultural policy and repealing Council 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; Having regard to Council Regulation (EC) no 1307/2013 of the European Parliament and of the Council of December 17, 2013, establishing rules for direct payments to farmers under the support schemes under the common agricultural policy and repealing Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009; Having regard to Council Regulation (EC) no 1308/2013 of the European Parliament and of the Council of December 17, 2013 establishing a common organisation of the markets in agricultural products and repealing Regulations (EEC) no 922/72, (EEC) No 234/79, (EC) no 1037/2001 and (EC) no Council 1234/2007; Having regard to Council Regulation (EC) No 639/2014 of March 11, 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 under the common agricultural policy and amending Annex X to that regulation; Having regard to Council Regulation (EC) no 640/2014 of March 11, 2014, supplementing Regulation (EU) no 1306/2013 of the European Parliament and of the Council as regards the integrated administration and control system and the conditions for refusal or withdrawal of payments as well as administrative penalties applicable to direct payments rural development support and conditionalities '; Having regard to Council Regulation (EU) No. 809/2014 of July 17, 2014 bearing application method of Regulation (EU) no 1306/2013 of the European Parliament and of the Council as regards the integrated administration and control system, rural development measures and the ' conditionalities; Having regard to Council Regulation (EU) No. 907/2014 of March 11, 2014 supplementing Regulation (EU) No. 1306/2013 of the European Parliament and of the Council as regards the paying agencies and other bodies, financial management, settlement of accounts, securities and the use of the euro; Having regard to Council Regulation (EU) No. 702/2014 of June 25, 2014 declaring compatible with the internal market, in accordance with articles 107 and 108 of the Treaty on the functioning of the European Union, certain categories of aid in the agricultural and forestry sectors and rural areas, and repealing Regulation (EC) No 1857/2006; Having regard to Council Regulation (EC) No 834/2007 of June 28, 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91; Having regard to Council Regulation (EC) no 1698/2005 of September 20, 2005 on support for rural development by the European agricultural fund for rural development (EAFRD); Having regard to Council Regulation (EC) No 1257/1999 of May 17, 1999 on support for rural development from the European agricultural guidance and guarantee fund (EAGGF) and amending and repealing certain regulations; Having regard to Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds (codified version); Having regard to Council Directive No. 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy; Having regard to Council Directive No. 92/43/EEC on the conservation of natural habitats and of wild fauna and flora; Having regard to Council decision No 2009/470/EC of May 25, 2009 on expenditure in the veterinary field; Having regard to law no August 7, 1990. 241, published in the Gazzetta Ufficiale della Repubblica italiana of August 18, 1990, n. 192 incorporating "new rules on administrative procedure and the right of access to administrative documents" and s; Having regard to article 4, paragraph 3, of law December 29, 1990, n. 428 concerning «measures to meet the obligations resulting from Italy's membership of the European communities. (Community Law for 1990), as amended by article 2, paragraph 1, of Decree-Law June 24, 2004, n. 157, converted, with amendments, by law no 204 August 3, 2004, which provides that the Minister of agricultural food and forestry policies, with the agreement of the Standing Conference for the relations between the State, the regions and the autonomous provinces of Trento and Bolzano, within its competence, shall by order to the application within its territory of the regulations issued by the European Community; Having regard to Legislative Decree no April 30, 1998. 173, bearing "production cost containment provisions and structural strengthening of the agricultural enterprises, in accordance with article 55, paragraphs 14 and 15 of the Act December 27, 1997, # 449 '; Having regard to the Decree of the President of the Republic 1 St December 1999, # 503, "regulation laying down rules for the establishment of the Charter of the farmer and fisherman and of the registry of farms, in implementation of article 14, paragraph 3, of legislative decree April 30, 1998, n. 173; Having regard to the Decree of the President of the Republic December 14, 1999 # 558, establishing a "regulation laying down rules for the simplification of the rules on the commercial register, as well as the simplification of proceedings relating to a declaration of commencement of activity and registration application of craft companies or the Registrar of companies for particular types of activity subject to verification of certain technical requirements (March 15, 1997 94-97-98 numbers of annex 1 of the law , # 59)»; Having regard to the Legislative Decree June 15, 2000, n. 188 concerning corrective and supplementary provisions of Legislative Decree No 165 May 27, 1999 laying down suppression of AIMA and establishment of the Agenzia per le erogazioni in Agricolture (AGEA), in accordance with article 11 of the law March 15, 1997, # 59; See Decree the President of the Republic December 28, 2000, n. 445 and s.m. the laying "laws concerning administrative documentation '; Having regard to law No 388 December 23, 2000 laying down ' provisions for the State annual and multiannual budgeting (Finance Act 2001) '; Having regard to the Legislative Decree May 18, 2001, n. guidance and modernization of 226 amending the fisheries and aquaculture sector, in accordance with article 7 of law No 57 March 5, 2001 '; Having regard to the Legislative Decree May 18, 2001, n. 228 "orientation and modernization of the agricultural sector, laying down, pursuant to article 7 of law No 57 March 5, 2001 '; Having regard to the Ministerial Decree of December 14, 2001, n. 454, «regulation on the method of handling the tax advantage for mineral oils used in agriculture, horticulture, livestock, forestry and fish farming and nursery '; Having regard to the Legislative Decree March 29, 2004 n. «99 laying down provisions on the subject and activities, corporate integrity and administrative simplification in agriculture, in accordance with article 1, paragraph 2, letter d), f), g), w), ee), March 7, 2003, n. 38 '; Having regard to the Legislative Decree March 29, 2004, n. «financial Interventions in support of 102 laying farms, in accordance with article 1, paragraph 2) (i) of law March 7, 2003, n. 38 '; Having regard to law no December 24, 2004. 313 laying «discipline of beekeeping»; Having regard to the Legislative Decree March 7, 2005, # 82, establishing a ' digital administration code '; Having regard to article 3 of Decree-Law No September 9, 2005. 182, converted, with amendments, by law November 11, 2005, n. 231 laying "urgent interventions in agriculture and for public sector bodies, as well as to counter anomalous prices in chains»; Having regard to act December 23, 2005, n. 266, containing "provisions for the State annual and multiannual budgeting (Finance Act 2006)»; Seen the Decree April 7, 2006 of the Minister of agriculture and forestry in concert with the Ministers of the environment and protection of land, infrastructure and transport, health and productive activities, establishing a "General technical criteria and standards for the discipline of agricultural utilization of manure, referred to in article 38 of Legislative Decree No 152 May 11, 1999 '; Having regard to the Ministerial Decree of February 12, 2007, n. 85 laying ' implementation of legislative decree May 27, 2005, n. 102, on market regulation, in accordance with art. 1, comma 2, lettera c) of law March 7, 2003, n. 38, establishing the minimum requirements for the recognition of producer organisations, methods for the control and supervision of the producer organisations, in order to ascertain that the requirements for recognition as well as modalities for withdrawal of approval»; Having regard to the Ministerial Decree of March 27, 2008 laying down "reform of our authorized agricultural assistance; Having regard to the Ministerial Decree of December 22, 2009 laying down ' Discipline ' conditionalities scheme under Regulation (EC) No 73/2009 and of reductions and exclusions for breaches of the beneficiaries of direct payments and rural development programmes '; Having regard to law no 183 November 12, 2011, containing "provisions for the preparation of annual and multiannual budget of the State. (Law of stability 2012)»; Having regard to the Ministerial Decree of 1 February 2012, n. 2049 laying down provisions for the implementation of the implementing Regulation No 426/11 and the computerized management of organic activity notification under article 28 of Regulation (EC) No 834 of June 28, 2007, as amended, on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91; Having regard to the Decree-Law February 9, 2012, # 5, passed into law, with amendments, by article 1, paragraph 1, of the law April 4, 2012, n. 35, recante "urgent provisions concerning simplification and development»; Having regard to the Ministerial Decree of May 8, 2012, n. 9949 laying «taking Decree July 18, 2003-establishment database ISMEA-insurance coverage facilitated»; Having regard to the Ministerial Decree of August 8, 2012, n. 18321 laying ' provisions for the computerized management of annual crop production, animal husbandry, aquaculture and organic imports and preparations for the computerized management of documentary evidence or the certificate of conformity under Reg. (EC) No 834 of June 28, 2007 and subsequent modifications and integrations»; Having regard to the Legislative Decree of August 14, 2012, n. 150 laying «implementing directive 2009/128/EC establishing a framework for Community action to achieve a sustainable use of pesticides '; Having regard to the Decree of the President of the Council of Ministers November 14, 2012, # 252 on the regulation establishing the criteria and modalities for the publication of the proceedings and the annexes lists of charges brought and disposed of in accordance with article 7, paragraph 2, of the law November 11, 2011, # 180 "standards for the protection of freedom of enterprise. Status of enterprises '; Having regard to the order of the Minister of the environment and protection of land and sea in consultation with the Minister of agricultural food and forestry policies of January 22, 2013 1 St April 2008 integrating Decree relating to national registry of carbon sinks; Having regard to the Ministerial Decree of January 22, 2014 laying ' Adoption of the national action plan for the sustainable use of plant protection products under article 6 of Legislative Decree No 150 August 14, 2012 '; Having regard to the ministerial order of November 18, 2014, prot. # 6513, establishing a "national provisions implementing Regulation (EU) no 1307/2013 of the European Parliament and of the Council of December 17, 2013»; Having regard to the approval # 2014IT06RDNP001 PSRN, transmitted to EU services on July 26, 2014; Having regard to the Legislative Decree November 21, 2014, n. fiscal and Tax Simplification 175 precompiled establishing, in particular chapter I; Having regard to act December 23, 2014, # 190, containing "provisions for the preparation of annual and multiannual budget of the State (law of 2015) and stability, and in particular article 1, paragraph 210, which inserts the register of agricultural holdings and the holding file between databases of national interest referred to in article 60 of the digital administration code; Having regard to the acts of Parliament's address to the Government concerning the common agricultural policy; Gained the agreement of the Standing Conference for the relations between the State, the regions and the autonomous provinces of Trento and Bolzano during the session of December 18, 2014;
Decrees: Art. 1 Definitions 1. For the purposes of this Decree means: a) for «farm» register (hereinafter the «Register»): the register established under article 1 of the Decree of the President of the Republic of 1 December 1999, # 503; b) ' national register of agricultural holdings» (hereinafter «national»): the registry office established under the SIAN in implementation of article 1 of the Decree of the President of the Republic 1 St December 1999, # 503, also including the regional registry offices and autonomous provinces where established; c) ' regional register of agricultural holdings» (hereinafter ' regional registration office): regional and autonomous provinces constituted the population register within the SIAN in implementation of article 1 of the Decree of the President of the Republic of 1 December 1999, # 503; d) ' holding file and electronic (File) ' means the file constituted in accordance with article 9 of the Decree of the President of the Republic of 1 December 1999, # 503;
and) ' farmer ' means a person conducting any of the following activities: the Fund's cultivation, forestry, animal husbandry and related activities, in accordance with art. 2135 c.c.. Includes the categories referred to in article 1, paragraph 2:1), the Decree May 18, 2001, # 228;
Article 1, paragraph 2) 423, December 23, 2005, law n. 266;
3) article 9 of legislative decree April 30, 1998, n. 173;
4. in article 2, paragraph 5), the Decree May 18, 2001, # 226;
5) articles. 2, 3 and 9 December 24, 2004, law No 313;
f) for «farm»: intangible assets also organised grouping of managed agricultural entrepreneur, establishing relations with the public administration in any capacity (Central or local).
g) for the purposes of the support schemes under the common agricultural policy: 1) for «farmer», according to the provisions of article 4 (1) a) of Regulation (EU) No. 1307/2013: any natural or legal person or group of natural or legal persons, irrespective of the legal personality conferred by national law to that group and its members, whose holding is situated within the national territory and exercising an agricultural activity;
2) to «company», according to the provisions of article 4 (1) b) of Regulation (EU) No. 1307/2013: all units organized by agricultural activities and managed by a farmer situated within the national territory;
h) ' agricultural activity ', according to the provisions of article 4 (1) c) of Regulation (EU) no 1307/2013:1) the production, rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes, 2) maintaining an agricultural area in a State which makes it suitable for grazing or cultivation without preparatory action that go beyond the ordinary methods and agricultural machinery According to the criteria defined by this Decree, or 3) the carrying out of an activity, defined by this Decree, on farmland naturally kept in a State suitable for grazing or cultivation;
I) ' agricultural products ', in conformity to the provisions of article 4 (1) d) of Regulation (EU) No. 1307/2013: products, excluding fishery products, listed in annex I to the treaties, and cotton;
j) ' income ' means the sum of the revenue that the farmer derives from the sale of their production on the market, including any form of public support, minus the cost of inputs.
k) ' integrated administration and control system (IACS): the system is governed by chapter II, title V of Reg. (EC) 1306/2013;
l) ' integrated risk management System ' means a system for controlling the obligations referred to in article 36, paragraph 4 of regulation EU no 1305/2013 of December 17, 2013;
m) ' individual risk management system ', the system of management of information concerning the whole farmer's risk hedging potential;
n) ' paying agencies (OP) ' means the services and the bodies responsible for managing and controlling expenditure financed by the EAGF and EAFRD Funds, pursuant to art. 7 paragraph 1 of Reg. (EU) # 1306/2013, subject to approval by the competent ministerial authorities, D.M. June 17, 2009;
or) ' coordinating body (OC)»: responsible, pursuant to art. 7, paragraph 4 of Reg. (EC) no 1306/2013, to: 1) collect the information to be made available to the Commission and to transmit this information to the Commission;
2) or coordinate, where appropriate, adopt measures to remedy the shortcomings of common nature and keep the Commission informed about the possible sequel;
3) promote and, where possible, to ensure the uniform application of Union rules;
p) ' technical-economic unit (UTE)» means all the means of production, livestock and aquaculture establishments and units conducted at any title from the same subject for a specific economic activities, occupying a portion of land, identified within the registry office by the municipality where ISTAT code is governed by the prevailing measure, and having its own production autonomy, as defined by art. 1, paragraph 3, of the Decree of the President of the Republic 503/1999.
q) ' Agricultural service centres (CAA)»: facilities recognized by regions, pursuant to Ministerial Decree March 27, 2008, tasked by the paying agencies, with special agreement under article 3-bis of Legislative Decree No. 165 of May 27, 1999, to carry out on behalf of its members and on the basis of specific written authority the activities defined in that Convention;
r) for Crop cultivation plan or business plan»: document uniquely identified within the electronic holding file, under art. 9 of the Decree of the President of the Republic 1 St December 1999 n. 503 and article 13 of the Legislative Decree March 29, 2004, n. 99, containing land-use planning across the enterprise declared and signed by the farmer;
s) ' use ' means the use defined in article 2, paragraph 1, item # 22 of Reg. (EU) no 640/2014;
t) for «plot»: surface composed of contiguous particles bound by the farmer for a single use, as defined in art. 2, paragraph 1, point 23, letter. b) Reg. (EU) no 640/2014; u) ' country notebook ' means the notebook consists of the register of processing operations pursuant to article 16 of legislative decree August 14, 2012, # 150, and from the register of fertilizers; v) for "PMI" or "micro, small and medium-sized enterprises ' means enterprises which meet the criteria laid down in annex I to Regulation (EU) No 702/2014 the Commission;
w) ' individual average yield ' means the average annual production to the farmer in the three years preceding product or its production three-year average calculated over the previous five years, excluding the year with lower production and the one with the higher production;
x) ' average annual production of a farmer»: result of product between average annual production circle for culture and area under cultivation;
y) ' natural ' disasters: earthquakes, avalanches, landslides and floods, tornadoes, hurricanes, volcanic eruptions and forest fires of natural origin, as defined in art. 1 point (9) of Reg. EU # 702/2014.
z) ' adversity ' natural disaster akin to a weather: weather conditions such as frost, hail, ice storms and heavy rainfall or severe drought that destroyed more than 30% of a farmer's average annual production calculated on the basis of individual average yield referred to in paragraph w), as defined in art. 1 point (16) of Reg. EU no 702/2014;
AA) ' other adversity» weather: weather conditions that do not fall under the conditions laid down in paragraph z), as defined in art. 1 point (17) of Reg. EU no 702/2014;
BB) ' pests ' (article 2, paragraph 1, point e) of Directive 2000/29/EC): pests of plants or of plant products, which belong: 1) to the Animal Kingdom (infestations) or 2) to the vegetable Kingdom, or come in the form of viruses, mycoplasmas or other pathogens (Disease);
CC) ' animal ' means diseases included in the list of animal diseases established by the World Organisation for animal health and/or in the annex to decision 2009/470/EC;
DD) ' environmental disaster ' means a specific case of pollution, contamination or degradation of environmental quality associated with a particular event and of limited geographical scope, but that does not include general environmental risks not related to a specific event, such as climate change or pollution; EE) ' fallen stock ' means animals killed (for euthanasia with or without diagnosis) or dead (including animals stillbirths and fetuses) on the farm or in any premises or during transport, but which have not been slaughtered for human consumption; FF) ' individual policy ' means insurance contract subscribed by the farmer and the company in which the figures of the insured and the contractor coincide; Gg) ' collective policy ' means insurance contract in which the contractor is the collective body and the insured is the farmer who adheres to the collective agreement for coverage of his productions; HH) ' policy certificate ' means a document signed by the insured and the insurance company with which the farmer adheres to the collective policy, stating the specific data of coverage; II) ' damage threshold»: 30% production loss rate due to adverse weather conditions, diseases and epizootics, calculated in accordance with the procedures laid down by Legislative Decree 102/2004 and s; JJ) for «intervention»: source of funding contributions on insurance premiums;
KK) ' producer ' means a producer organisations recognised under Regulation (EC) no 1308/2014.