Advanced Search

Act Of 28 November 2003 On Supporting Rural Development With Funds From The Guarantee Section Of The European Agricultural Guidance And Guarantee Fund

Original Language Title: USTAWA z dnia 28 listopada 2003 r. o wspieraniu rozwoju obszarów wiejskich ze środków pochodzących z Sekcji Gwarancji Europejskiego Funduszu Orientacji i Gwarancji Rolnej

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

ACT

of 28 November 2003

on support for rural development from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund 1)

Article 1. [ Regulatory scope] 1. The Act shall determine the tasks and the property of the organisational units and bodies, in support of rural development, from the appropriations originating in the Guarantee Section of the European Agricultural Guidance and Guarantee Fund, concerning:

1) obtaining structural pensions,

(2) support for agricultural activities in less-favoured areas,

3. support for agri-environmental projects and animal welfare.

4) afforestation of agricultural land,

(5) support for semi-subsistence farms,

6) the adaptation of agricultural holdings to the standards of the European Union,

(7) support for groups of agricultural producers,

8) technical assistance to the organisational units and bodies carrying out tasks related to rural development,

9) (repealed)

-specific provisions of the European Union 2) and the provisions of the Treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (the Member States of the European Union) and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Sweden and the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of The Republic of Malta, the Republic of Slovenia, the Republic of Slovenia concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Hungary, the Republic of Malta, the Republic of Malta, the Republic of Slovenia The Republic of Poland, the Republic of Slovenia, the Slovak Republic to the European Union, signed on 16 April 2003. Athens.

(2) The conditions and modus for the granting of aid for the purposes of complementing direct payments from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund shall be implemented on the basis of separate provisions.

Article 2. [ Draft Rural Development Plan] 1. The Minister for Rural Development, in consultation with the ministers responsible for public finance, regional development, work and the environment, develops the draft rural development plan, as defined in the European Union's rules, o which are referred to in art. 1, hereinafter referred to as "the plan", after consulting the seismics of the voivodships and the agricultural chambers, as well as the trade unions of the individual and socio-occupational farmers ' organisations with a nationwide scope of action and the National Chamber of Commerce.

2. The draft plan shall approve the Council of Ministers.

3. The Council of Ministers shall approve the draft plan by 15 March 2004 at the latest.

Article 3. [ The powers and duties of the Minister responsible for the development of villages and the Council of Ministers] 1. Minister of the competent for rural development:

1) acts as a governing body within the meaning of the European Union rules;

2) communicate to the European Commission the draft plan approved by the Council of Ministers;

3. in the public procurement rules mode, the organisation unit shall be able to carry out the assessment of the plan and shall submit reports to the European Commission.

2. After the adoption of the plan by the European Commission:

1. The Council of Ministers shall determine, by means of a regulation, the detailed conditions and modus for granting, withholding, suspending, returning and reducing the financial assistance for the activities covered by the plan, and the spatial extent of the implementation of those activities, the need to ensure that the plan is properly implemented and that it is established with the European Commission

2) the minister competent for the development of the village shall announce the plan, by means of the notice, in the Official Journal of the Republic of Poland "Monitor Polski".

Article 4. [ Application of provisions of the Act] The provisions of Article 4 2 and 3 shall apply mutatis mutandis in the event of a change of plan.

Article 5. [ Financial aid for rural development support] 1. Tasks related to the provision of financial assistance in support of rural development, hereinafter referred to as "aid", shall be implemented by the paying agency accredited pursuant to the provisions on the implementation of appropriations originating in the Guarantee Section. The European Agricultural Guidance and Guarantee Fund, as indicated in the plan, hereinafter referred to as 'the Agency'.

The aid shall be granted at the request of the agricultural producer, within the meaning of the provisions on the national system of records of producers, of the farm records and of the records of applications for payment, or of a group of agricultural producers, and, in the case of aid, of the aid, Article 2 1 (1) 1 point 8, at the request of the organisational unit or body implementing the tasks related to the development of rural areas.

2. The aid referred to in Article 2 1 (1) 1 points 1 to 7 shall be granted, withheld, suspended or reduced by an administrative decision of the manager of the Agency's organisational unit and the assistance referred to in Article 1 (1) to (b). 1 (1) 1 point 8-on the basis of a civil-law contract.

3. Administrative decisions on the grant of structural pensions shall be issued by the President of the Agricultural Social Insurance Fund where the functions of the paying agency in respect of the granting and payment of structural pensions have been delegated to him.

(3a) The aid shall be granted up to the limit of the equivalent of the euro amount in the plan for individual actions, but not later than 30 June 2008.

4. The paying agency and government bodies and organisational units subordinate to the governmental authorities or supervised by them, as well as local authorities, shall cooperate in the implementation of the tasks associated with the granting of and the payment of the aid.

4a. Applications for assistance under Article 4 (1) (a) of the EC 1 (1) 1 point 3 shall be made up of a form drawn up and made available by the Agency.

4b. The applications referred to in paragraph 1. 4a, may also be submitted by means of a form on the Agency's website.

4c. To submit the applications referred to in paragraph 1. 4a, a secure electronic signature shall not be required by means of a form on the Agency's website.

5. [ 1] (repealed).

6. The Minister for Rural Development shall determine, by means of a regulation:

1. the specific requirements to be met by applications for aid under Article 4 (1) (a) (1) of the 1 (1) 1 point 3,

(2) models of applications for aid for operations referred to in Article 3 (2) 1 (1) 1 points 1 and 2 and 4 to 8,

3) the content of the plans for the activities referred to in art. 1 (1) 1 points 3 and 4

-with a view to harmonising the information contained in the applications and the protection against unjustified granting of the aid.

7. The Minister for Rural Development shall determine, by means of a regulation, the detailed requirements to be fulfilled by the application form referred to in paragraph 1. 4a, placed on the website of the Agency, and the detailed conditions and modus of the application, by means of a form on the Agency's website, with a view to identifying the agricultural producer within the meaning of the provisions of the the national system of records of producers, the records of agricultural holdings and the records of applications for payment and the security of data against unauthorsed persons.

Article 6. [ Tasks Of The Agricultural Property Agency] 1. At the request of the owner of the land forming part of the agricultural holding, which applies for the grant of the structural pension, or at the request of his spouse the Agricultural Property Agency:

1) intermediaries in the sale or lease of the indicated property or

2) acquires free of charge, by the decision of the President of the Agricultural Property Agency, indicated in the application of the property on the property of the State Treasury.

2. In the cases referred to in paragraph. 1, the procedure for determining the impossibility of selling immovable property and the taking over of property to the State Treasury as laid down in the rules on social insurance of farmers shall apply accordingly.

Article 7. [ Control of the grant and use of the aid] (1) The Agency shall carry out checks on the granting and use of the aid in respect of the legality and arrangements of the plan in accordance with the control plan adopted.

(1a) The President of the Agency may entrust the carrying out of the checks referred to in paragraph 1. 1, other organisational units with adequate organisational, organisational and technical conditions.

2. Prior to the beginning of the inspection, the person authorised to carry out the inspection shall be obliged to show the imitation authorization to carry out the checks.

3. The imienne authorization to carry out the inspection shall be issued by the Agency authority.

4. The persons authorised to carry out the checks shall have the right to:

1. access to the land and to facilities related to the activities to which the aid relates;

2) requests for written or oral information related to the subject of control;

3. inspection of documents relating to the subject matter of the inspection, the drawing up of extracts, extracts or photocopies, and the security of such documents;

4) drawing up photographic documentation from the inspection carried out;

5) sampling for testing.

5. The person performing the control activities shall draw up a protocol from those activities.

6. The protocol shall be signed by the person performing the control activities and the controlled entity.

7. In the case of refusal of the protocol to be signed by the controlled entity, the protocol shall only sign the person performing the control activities by making an appropriate note in the protocol of the refusal to sign the protocol by the controlled entity.

8. The Minister for Rural Development shall determine, by means of a regulation:

(1) a model of imitation authorization to carry out control activities, with a view to harmonising the information contained in the authorisation;

(2) the organisational, technical and personnel conditions to be fulfilled by the organisational units to which the carrying out of checks may be carried out, with a view to ensuring that they are carried out in a uniform manner throughout the country.

Article 8. [ Annual report on implementation] 1. The Agency shall obtain, collect and draw up the data necessary for the preparation of the annual implementation report and forward it to the Minister for Rural Development by 31 March of each year.

2. The Minister for Rural Development shall, on the basis of the data provided by the Agency, draw up and submit to the European Commission annual reports on the implementation of the plan from the previous calendar year.

Article 9. [ Conditions and modus of the aid] 1. Voivodship agricultural advisory centres and the National Centre for the Advisory of the Development of Agriculture and Rural Development shall be required to provide information on the conditions and modus of the assistance, to provide training for the entities concerned by the activities covered by the the plan, and advise on the preparation of the documentation necessary to obtain the assistance.

2. The tasks referred to in paragraph 2. 1, may also be carried out by entities other than those indicated in the paragraph. 1.

3. The Minister for Rural Development shall determine, by means of a regulation, the conditions, the manner and mode of training for the entities concerned by the activities covered by the plan, and advising on the preparation of the documentation necessary to obtain the aid, with a view to ensuring that the plan is implemented correctly.

Article 10. [ Law on Social Insurance of Farmers] In the Act of 20 December 1990. o social insurance of farmers (Dz. U. 1998 r. No. 7, pos. 25, of late. 1. 3) ) in Article 16 in the mouth. 1 in point 2, the period at the end is replaced by a comma and the following points 3 and 4 are added:

" (3) person collecting a structural pension co-financed under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund,

4. the spouse of the person referred to in point 3 where the structural pension co-financed by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund is paid together with the addition of that spouses. '

Article 11. [ Forest Law] In the Act of 28 September 1991. in the forest (Dz. U. 2000 r. Nr 56, pos. 679, of late. 1. 4) ) the following amendments shall be made:

1) in art. 14 The paragraph shall be added. 7 and 8 as follows:

" 7. The old age due to the location of the land covered by the afforestation assesses the cultivation of crops in the fourth or fifth year of the afforestation of the agricultural land and requalifies the agricultural land on the ground of forest land, if the land has been flooded with on the basis of the provisions on support for rural development from the appropriations from the Guarantee Section of the European Agricultural Guidance and Guarantee Fund.

8. The Starosta may entrust, by means of an agreement, an assessment of the udateness of the over-forest crops. "

2. in Art. 35:

(a) in paragraph. Point 1 shall be replaced by the following:

"(1) advice on afforestation and forest management,",

(b) the following paragraph is added 5 in the following:

" 5. At the request of the owner of the land intended for afforestation, the superforestry shall draw up a plan of afforestation and confirm the implementation of the afforestation, in the case of afforestation covered by the provisions on support for rural development from the measures coming from Section Guarantee of the European Agricultural Guidance and Guarantee Fund. '

3) in art. 54 in point 6, the period at the end is replaced by a comma and the following point 7 is added:

" 7. the drawing up of the afforestation plans referred to in Article 4 (1) (a). 35 par. 5. '

Article 12. [ The Act on the Group of Agricultural Producers and their relationships and on the change of other laws] In the Law of 15 September 2000. about the groups of agricultural producers and their associations and about the change of other laws (Dz. U. Nr. 88, pos. 983) art is repealed. 18-22.

Article 13. [ Law on Structural Rents in Agriculture] In the Law of 26 April 2001 Structural reforms in agriculture (Dz. U. Nr 52, pos. 539) art. 26 is replaced by the following

" Art. 26. The deadline for the submission of applications for structural pensions shall expire on 31 December 2003. '

Article 14. [ Transitional provisions] 1. The groups of agricultural producers which were entered in the group register by 30 April 2004. on the basis of the provisions referred to in Article 12, receive financial assistance on the basis of existing rules.

2. To the monthly equivalent for the exclusion of land from agricultural crops and the carrying out of forest cultivation, granted before the date of entry into force of this Act on the basis of the provisions of the Act referred to in art. 15, the current rules shall apply.

3. In matters of consent to the use of agricultural land for afforestation covered by the provisions of the Act referred to in art. 15, initiated and not completed by a final decision by the date of entry into force of this Law, shall apply the provisions of the previous one.

Art. 14a. [ Deadlines resulting from the Act] 1. In 2004 the Regulation referred to in Article 3 para. Article 2 (1) may be issued after the adoption of the draft plan by the European Commission.

2. applications for assistance in support of agricultural activities in less-favoured areas may be submitted from 15 April to 15 June.

3. In 2004 the applications referred to in paragraph 1. 2, submitted after 15 June 2004, but not later than 30 June 2004, shall be deemed to have been submitted in accordance with the time limit.

Article 15. [ Loss of power] The Law of 8 June 2001 is repealed. of the importance of agricultural land for afforestation (Dz. U. Nr. 73, pos. 764 and 2003 Nr 46, pos. 392).

Article 16. [ Entry into force] The Act shall enter into force on the date of obtaining by the Republic of Poland membership of the European Union, with the exception of:

1. 2-4, art. 13, art. 14 para. 2 and 3 and Article 3 15, which shall enter into force after 14 days from the date of the announcement;

2. Article 1 (1) 2, art. 5 par. 6, art. 7 ust. 8 and art. 14a par. 2, which shall enter into force on 15 March 2004.

1) This Act shall amend the Act of 20 December 1990. on the social insurance of farmers, of 28 September 1991. Forest, 15 September 2000. on the groups of agricultural producers and their associations and on the amendment of the other laws, of 26 April 2001. of structural measures in agriculture.

2) Council Regulation (EC) No 1257/1999 of 17 May 1999. on the support for rural development by the European Agricultural Guidance and Guarantee Fund (EAGGF) and Commission Regulation (EC) No 445/2002 of 26 February 2002 (OJ L 42, 12.2.2002, p. laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development by the European Agricultural Guidance and Guarantee Fund (EAGGF) (EAGGF).

3) Amendments to the text of the single law have been announced in the Dz. U. 1998 r. No. 106, pos. 668 i Nr 117, poz. 756, 1999 Nr 60, poz. 636, of 2000 Nr 45, poz. 531, 2001 Nr 73, pos. 764, 2002 Nr 113, pos. 984 and 2003 Nr 45, poz. 391 and No. 228, pos. 2255.

4) Amendments to the text of the single law have been announced in the Dz. U. 2000 r. Nr 86, pos. 958 and Nr 120, poz. 1268, 2001 No. 110, item. 1189 and No. 145, pos. 1623, 2002 Nr 25, pos. 253, No. 113, pos. 984 and No. 200, pos. 1682 and 2003 Nr 80, pos. 717 i 721 and Nr 162, poz.1568 i Nr 203, poz. 1966.

[ 1] Article 5 (1) 5 repealed by Art. 4 of the Act of 28 July 2011. amending the Act on support for rural development with the participation of the European Agricultural Fund for Rural Development and amending certain other laws (Journal of Laws No 205, pos. 1202). The amendment entered into force on 14 October 2011.