Additional Provisions Relating To Simplification Of Managing The Cap 2014-2020.

Original Language Title: Ulteriori disposizioni relative alla semplificazione della gestionedella PAC 2014-2020.

Read the untranslated law here: http://www.gazzettaufficiale.it/atto/serie_generale/caricaArticoloDefault/originario?atto.dataPubblicazioneGazzetta=2015-05-16&atto.codiceRedazionale=15A03610&elenco30giorni=false&atto.tipoProvvedimento=DECRETO

The Minister of agricultural food and forestry policies having regard to Regulation (EC) No 73/2009 of January 19, 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers and amending regulations (EC) No 1290/2005, (EC) no 247/2006 , (EC) No 378/2007 and Regulation (EC) No 1782/2003; Having regard to Council Regulation (EC) no 1122/2009 of November 30, 2009 laying down methods for the application of Council Regulation (EC) No 73/2009 as regards the conditionalities, modulation and the integrated administration and control system for direct support to farmers under schemes referred to in that regulation and method of application of Regulation (EC) No 1234/2007 as regards the conditionalities ' in the support system for the wine sector; Having regard to Council Regulation (EC) 1151/2012 of the European Parliament and of the Council of November 21, 2012, quality schemes for agricultural products and foodstuffs; Having regard to Council Regulation (EC) 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 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; Having regard to Council Regulation (EU) No. 809/2014 of July 17, 2014 concerning application 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, establishing a "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, 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. 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, bearing 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 '; See, art. 10 of the Decree of the Minister of agricultural food and forestry policies July 29, 2009 laying down rules 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 on "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 order of the Minister of agricultural food and forestry policies February 26, 2015, prot. 1420 incorporating «amending articles and supplementary Ministerial Decree November 18, 2014 implementing Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of December 17, 2013»; Considering that it is necessary to define ways to demonstrate the requirement of farmer in activities for the purpose of requesting access to schemes of AIDS provided for in articles 16, 19, 29, 31, 33 and 36 of Regulation (EC) no 1305/2013; Considering that it is necessary to specify the conditions of access to the measures referred to in articles 20 and 21, paragraphs 1, 2 and 3, of the Ministerial Decree of November 18, 2014 dual cows aptitude; Whereas, with regard to the commitments made by the farmer with the request for assistance pursuant to art. 10 of Ministerial Decree of July 20, 2009, the Commission services stated that the commitments must be respected in full, even if a part of the commitment has to be met in the year 2015; Considered it necessary to specify the procedures for checking if you have active farmer requirement in case of succession due to death and tomato-processing industry awards, as well as the conditions for access to the national reserve and livestock premiums and the premium for olive oil; Considered it necessary to establish the Constitution of the national registry of permanent grassland; Considered appropriate to provide for simplified procedures for the submission of aid applications by members of the small farmers scheme pursuant to art. 11 paragraph 2 of Regulation (EU) No. 809/2014, even allowing for the exemption from the requirement to submit an application for aid as provided for in art. 1) (m) of that regulation; Considered also necessary to introduce transitional rules relating to controls over disbursements in agriculture, to ensure a successful and gradual implementation of new arrangements for management of the holding file, and regarding the areas declared as grazed by third parties in the single application, 2014; Considering that against circular No 979 of October 11, 2013 of AGEA, which were dictated new application instructions for the submission of the single application of payment 2014 onwards, hangs a contentious at the administrative and judiciary that the appellants, in communicating the plan to refer it to the Council of State, have warned the Administration from taking action, in implementation of the same circular which affect the payments or the allocation of titles under the new common agricultural policy; Detected as judicial rulings so far have occurred on that particular matter complexity circular confirm; Having noted the note Agea prot. 139 of March 19, 2015, in transmitting the notice by some applicants, inviting you to evaluate the opportunity to take adequate precautions in order not to affect the impact of definitive judicial decisions; Prudential predict, pending review by way of definition of litigation, retention of excess amounts, compared to the calculation criteria set by the aforementioned circular, in order not to affect the impact of definitive judicial decisions; Having regard to the communication dated March 19, 2015 the Standing Conference for relations between the State and the regions and autonomous provinces of Trento and Bolzano, pursuant to art. 17, paragraph 1 of the Ministerial Decree of January 12, 2015, prot. 162, as well as in accordance with art. 19, paragraph 1 of the Ministerial Decree of February 26, 2015, prot. 1420;
Decrees: Art. 1 farmer in activities and sale of companies 1. For the purpose of requesting access to the aid schemes referred to in articles 16, 19, 29, 31, 33 and 36 of Regulation (EC) no 1305/2013 and in art. 14 of the Decree of the Minister of agricultural food and forestry policies January 12, 2015, the requirement of farmer in activity is shown with the methods under art. Ministerial Decree 3 November 18, 2014 and art. 1 of the Ministerial Decree of February 26, 2015. 2. In art. Ministerial Decree 9 November 18, 2014 after paragraph 2, the following shall be inserted: "2-bis. Total disposed at the company with lease or partial sale of the company, the first allocation of payment entitlements is made by the transferor.
2-ter. In the event of transfer to the company's total sales demand for first assignment of payment entitlements is presented by the transferee. In such a case must be ascertained the presence of specific authorisation by the transferor.
2-quarter. In accordance with art. 4, paragraph 2 and art. 5, paragraph 2, of Regulation (EU) No 641/2014 2 paragraphs-bis and 2 ter are also applied as an exception to previous agreements between the parties. " 3. In case of death of the farmer who is entitled to the first allocation of payment entitlements of base, which occurred after the date of submission of the single application 2014 and ending on the date of submission of the first allocation of payment entitlements, the heirs have the right to claim in its own name the number and value of the payment entitlements under the same conditions as the farmer originally managing the holding. In the case where the heirs do not possess active farmer requirement set forth in art. Ministerial Decree 3 November 18, 2014 and in art. 1 of the Ministerial Decree of February 26, 2015, such payment entitlements may be transferred by contract term in accordance with articles 20 and 21 of Regulation (EU) No 639/2014 within the deadline for submitting the single application 2015 that is assigned and transferred before the submission of the single application in the following year.