November 18, 2014 Decree Amending And Supplementary Regulation (Eu) No 1307/2013 Of The European Parliament And Of The Council Of December 17, 2013.

Original Language Title: Disposizioni modificative ed integrative del decreto 18 novembre 2014di applicazione del Regolamento (UE) n. 1307/2013 del Parlamentoeuropeo e del Consiglio, del 17 dicembre 2013.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-04-08&atto.codiceRedazionale=15A02717&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The Minister of agricultural food and forestry policies having regard to Regulation (EU) 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 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. 641/2014 of June 16, 2014 concerning application of 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; Visto l'art. 7 of the implementing Regulation (EU) No 807/2014 of March 11, 2014 supplementing certain provisions of Regulation (EU) no 1305/2013 of the European Parliament and of the Council on support for rural development by the European agricultural fund for rural development (EAFRD) and introducing transitional provisions; 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 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 of the fisherman and the farm register, pursuant to art. 14, paragraph 3, of legislative decree April 30, 1998, n. 173; 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 art. 11 March 15, 1997, law # 59; Visto l'art. 4, paragraph 3, of law December 29, 1990, n. 428 on provisions to meet the obligations resulting from Italy's membership of the European Community, 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; Visto l'art. 3 of legislative decree August 28, 1997, # 281; Visto l'art. December 24, 2012 law 43, n. 234, general rules on Italy's participation in the formation and implementation of legislation and policies of the European Union, with which you have the right of recourse of the State towards Regions or other public entities responsible for violations of EU law; 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 art. 7, paragraph 2, of the law November 11, 2011, n. 180 ' standards for the protection of freedom of enterprise. Status of enterprises '; Having regard to the order of the Minister of agricultural food and forestry policies July 29, 2009, published in the Gazzetta Ufficiale-Serie generale n. 220 of September 22, 2009, concerning provisions for the implementation of art. 68 of Regulation (EC) No 73/2009 of January 19, 2009; Having regard to the order of the Minister of agricultural food and forestry policies November 18, 2014 published in the Gazzetta Ufficiale-Serie generale n. 295 of December 20, 2014, 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 order of the Minister of agricultural food and forestry policies January 12, 2015, prot. 162 concerning the simplification of the management of the CAP; Having regard to the order of the Minister of agricultural food and forestry policies January 23, 2015, prot. 180 laying ' Discipline ' conditionalities scheme according to Regulation (EU) no 1306/2013 and of reductions and exclusions for breaches of the beneficiaries of direct payments and rural development programmes '; Having regard to the note November 20, 2014, acquired on November 27, 2014, the Protocol DG PIUE 0006700, with which the European Commission services have indicated that the eucalyptus is not one of the native species to consider in the surfaces to short rotation coppice for areas of ecological interest; Held that it received information, requests to the regions and autonomous provinces with Ministerial Note May 29, 2014, prot. 3299, you need to integrate the information to be communicated to the European Commission services related to the commitments included in the rural development plans which are considered substitutes of three agricultural practices beneficial for the climate and the environment under art. 43, paragraph 2 of Regulation (EU) No. 1307/2013, and that, therefore, for the year of «single application» 2015, it is not possible to allow farmers to use equivalent practices to fulfill its obligations; Considering that the signals are not received, inquiries at Regions and autonomous provinces with Ministerial Note May 29, 2014, prot. 3300, to identify any additional environmentally sensitive grass surfaces in accordance with art. 45, paragraph 1, second subparagraph, of Regulation (EU) no 1307/2013, and that, therefore, by the year 2015, «single application» isn't it possible locate sensitive meadows outside the areas covered by the directives 92/43/EEC or 2009/147/EC; Considered it necessary to repeal paragraphs 6 and 7, art. 7, of the aforementioned ministerial order of November 18, 2014, in relation to the comments made by the European Commission services, which show non-compliance with respect to art. 16, paragraph 2, of Regulation (EU) No. 639/2014, under which the reduction coefficients referred to in art. 24, paragraph 6 of Regulation (EU) no 1307/2013 may be differentiated according solely on the basis of natural constraints linked to objective conditions of surfaces; Considered it necessary to adopt the measures provided for by the said Ministerial Decree November 18, 2014 articles: 2 a) and b), 6, paragraph 7, paragraphs 2, 7, 8, 10, letter b) and paragraph 6, 14, paragraph 2, subparagraph 3, paragraph 5, 16, 18, 20, paragraph 2, 31, paragraphs 3 and 6, and any other legislation needed to make it operational; Considered to set the minimum size of an agricultural parcel taking into account the fragmentation that characterises the Italian Agriculture; Gained the agreement of the Standing Conference for the relations between the State, the regions and the autonomous provinces of Trento and Bolzano at its meeting of February 19, 2015;
Decrees: Art. 1 agricultural activity, farmer in activity and size of parcel 1. The agricultural activities can be exercised in one or more modalities among those identified by art. 4, paragraph 1, point c) of Regulation (EU) no 1307/2013. 2. In accordance with art. 3, paragraph 2, point b), Ministerial Decree November 18, 2014, quoted in the introduction, in case of VAT enabled in agriculture after the 1 St August 2014, that is, in the absence of VAT, the requirement of farmer in activity is shown if one of the conditions laid down in art. 13, paragraphs 2 and 3 of Regulation (EC) No 639/2014. 3. art. 3, paragraph 3, of the Ministerial Decree of November 18, 2014, mentioned in the introduction, also applies in the event that the amount determined pursuant to art. 12, paragraphs 3 and 4 of Regulation (EC) No 639/2014, it is lower than the minimum requirements laid down in art. Ministerial Decree 4 of November 18, 2014. 4. the requirement of farmer in activity is verified and validated by the coordinating body referred to in art. 7, paragraph 4, of Regulation (EU) no 1306/2013; to this end, the relationship between coordinating body and paying agencies is governed by specific delegation. 5. In accordance with art. 72, paragraph 1, second subparagraph, of Regulation (EU) no 1306/2013, the minimum size of an agricultural parcel that can be the subject of an application for aid is set at 0.02 acres.