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Regulations On Subsidies For Fruit Warehouse And Approval Of Trade

Original Language Title: Forskrift om tilskudd til fruktlager og godkjenning av omsetningsledd

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Regulations on subsidies for fruit warehouse and approval of commercial level


Date FOR 2002-07-01-778


Ministry of Agriculture and Food


Published in 2002 Booklet 9


Commencement 01.07.2002

Edited
FOR-2014-09-03-1144

Changes
FOR-2001-11-14-1285

For
Norway

Legal

LOV-1995-05-12-23-§3, LOV-1995-05-12-23-§18

Promulgated
18/07/2002

Short Title
Regulations on subsidies for fruit bearing etc.

Adopted by the Ministry of Agriculture (now Agriculture and Food) on 1 July 2002 after consultation with the Norwegian Farmers' Union and Norwegian Farmers and Smallholders Union pursuant to the Act of 12 May 1995 no. 23 on earth (soil Act) § 3 and § 18.
Changes: Amended by regulations 21 Dec 2005 no. 1640 28 Dec 2007 no. 1806, January 1, 2008 no. 351, September 3, 2014 No.. 1144.

§ 1. Purpose
1.
The purpose of grants for fruit warehouse is to promote binding cooperation on joint storage, sorting, packing and sale of Norwegian produced fruit.

2.
Purpose of the approval of commercial level is to encourage quality production and overall turnover ratio.

§ 2. Definitions In these regulations apply:

1.
Fruit

Apples, pears, plums, cherries and cherries for consumption and konservesmarkedet.

2.
Berries

Strawberries, raspberries, black currants, red currants, gooseberries and blueberries for consumption and konservesmarkedet.

3.
Greenhouses Vegetables

Tomato, cucumber and lettuce for consumption market. Lettuce grown in the open are included.

4.
Associations of the enterprises

Cooperation between enterprises aiming to coordinate deliveries to approved commercial level.

5.
Turnover Joint

Fruktlager, wholesalers and canning receiving fruits, berries and greenhouse vegetables.

§ 3. Administration Directorate of Agriculture administers grants for fruit bearing and approves commercial level and can provide supplementary provisions to the regulations.

§ 4. Requirements of trade Agricultural Directorate approves traffickers. Application for approval of new commercial level after this regulation is sent to the Agriculture Directorate by June 1, the relevant year.
1. Requirements management and construction
Revenues joint must have an administration that can perform the tasks required by the approval and must have an accounting and audit process that meets the requirements for documentation and control Agriculture Directorate issues.
Revenues joint must be registered by the county tax as trading company, have a permanent place of business and be registered in the Companies Register.
Revenue Articulated must have the direct contact with the authorities and all billing / settlement to the company must be in omsetningsleddets name. In those cases the goods are delivered from an association of undertakings, does not require distribution stage has the direct contact with each enterprise in the group.
Revenue Articulated must dispose of adequate facilities for cleaning and storage of the goods traded. Turnover joint must allocate the necessary cold storage capacity.
Revenue Articulated can have multiple departments / plant.
2. Requirements for wholesale
Wholesaler must conduct regular wholesale business with first-hand sales of green products and perform all the functions normally assigned to a wholesaler, including storage, sales and distribution. Sales should only take place to wholesaler, retailer and major consumers.
3. Requirements fruit stock
following fruit store can be approved:

A.
Fruktlager owned and operated as cooperative enterprise with fruit / berries.

B.
Privately fruit store where there is an agreement with undertakings on storage, sorting, packing and sale of their fruit and berry production.

Fruit Warehouse will be holding a central facility with warehouse, including the necessary cold storage capacity, and equipment needed for storage, sorting and packing of fruits and berries. Assuming that the central warehouse did not have sufficient capacity, may bearings trusts included as part of fruit bearing. The bearings must meet the same requirements as our central warehouse and should be approved by Agriculture Directorate. Application deadline is September 1st. The central warehouse shall at all times have the administrative and financial responsibility for the operation of approved enterprises save. Fruit bearing should just sell apples and pears stored under the auspices of fruit warehouse, sorted and packed at our central warehouse or approved enterprises save. The requirement for both storage, sorting and packaging do not apply to summer apples and apples / pears delivered to the press.
Fruit bearing should take part in the stock program and regulation of the market at any given time is adopted, and shall provide specific data on inventories, care quality and sorting distribution in the form and at the times Agriculture Directorate or whoever is authorized requires.
4. Withdrawal of approval

In case of fulfillment of the requirements is the basis for approval, the Agriculture Directorate withdraw the approval.
5. Submission and processing of annual statements
Approved turnover paragraph shall submit annual statements of receipt of the relevant products from each undertaking and association of undertakings for the period 1 January-31. December previous year. Deadline for submission is 15 February.
Agriculture Directorate may require that annual returns are audited.

§ 5. Terms of subsidies for fruit bearing For an approved warehouse, ref. § 4 shall be awarded grants, it must average for the last three years including the application year, have received at least 100 tons of fruit from least 8 affiliated companies.
Agriculture Directorate may upon application, approve agreements between smaller fruit store as the basis for grant eligibility under § 6. Application deadline is June 1st.
For fruit store with several fruit bearing plant determines Agriculture Directorate, on application whether these supplements context should be considered as one or more fruit store ref. § 6
At least 90% of the total receipt of apples and pears should be stored under the auspices of fruit bearing and sorted and packed by fruit bearing central building. The requirement for both storage, sorting and packaging do not apply to summer apples and apples / pears delivered to the press.
Agriculture Directorate may, upon application, approve rent packing of apples and pears by another fruit stock, a quantity corresponding fruit bearing reception beyond 100 tons of apples and pears together, except summer apples and apples / pears delivered to the press. To rent packing must take place for the fruit bearing bill that has received the goods in question amounts of its affiliated companies, and which therefore also must submit annual statements concerning rural and quality supplements for these quantities, cf. § 4 section. 5, and possibly seek grants for fruit Stock accordingly.
Fruktlager Subsidies for fruit supplied to the press may be granted only when the fruit is controlled by the Agriculture Directorate or the Directorate of Agriculture appoints.

§ 6. Calculation of grants for fruit stock The total subsidy framework allocated to the approved fruit store proportionally after receiving fruit amount to an average for the last three years including the application year.
In the basis for allocation of funds shall be taken with the amounts of fruit warehouse has received from associated undertakings.

§ 7. The submission and processing of applications for subsidies for fruit bearing Deadline for submission of applications for subsidies for fruit warehouse is 15 February.
Applications must be written on the prescribed form and signed by the applicant. Application of teams, companies, etc. signed by the person who commits the team and applications from under age person of the guardian. By his signature acknowledges the applicant that the information in the application is complete and correct and that the information in the application can be registered, ref. The Personal Data Act of 14 April 2000. 31
The applicant is responsible for the full and correct application of the right time comes Agriculture Directorate. Upon the expiry of the time limit the application may be rejected.

§ 8. Information Duty Revenue Generations is committed to providing the necessary information. Agriculture Directorate may require the information and documentation, including accounting records, business documents and similar documents, which are required to process applications, exercise control and manage the schemes in a satisfactory manner.

§ 9. Inspection Directorate of Agriculture oversees that this regulation are complied with, the authority can undertake on-site control of the persons who receive subsidies. Turnover Joint obliged to provide assistance at such inspection.

§ 10. Payment subsidy is paid from the Agriculture Directorate stated bank or postal giro account. Calculated amounts less than £ 300, - will not be paid.
It is not allowed to assign the claim grants or reimbursement of ownership or charge.

§ 11. Reduction by incorrect information, features and refund Errors in payment should be addressed by repayment / traits in later payments of grants under these regulations and / or other supplements. Reclaiming be enforced even if the error is not due to fruit bearing and although fruit warehouse has received payment in good faith. Is it provided false information in the application, the total subsidy fruit warehouse entitled, reduced by an amount equivalent merutbetalingen fruit warehouse would have achieved by providing incorrect information. This applies even if the information is given in good faith.
In particularly serious mistakes the application may be rejected for that application instance.
If incorrect information from fruit warehouse has resulted overpaid subsidy may be required interest rate according to the law of December 17, 1976. 100 (Late Payments Act). The same applies if the fruit warehouse should have known or understood that the payment was wrong.


§ 12. Exemption Agriculture Directorate may grant exemptions from this regulation when there are special reasons. Applications for exemption must be sent to the Agriculture Directorate.

§ 13. Appeals Decisions pursuant to these regulations may be appealed under the Act of 10 February 1967 relating to procedure in cases concerning public administration (Public Administration), Chapter VI.
Agriculture Ministry appealed the decision taken by the Agriculture Directorate.
The complaint sent to the Agriculture Directorate.

§ 14. Entry into force These regulations enter into force immediately. From the same date, the Regulations of 14 November 2001 no. 1285 for grants in the green sector and the district subsidies for potato production in North Norway.