Advanced Search

Law No. 454 Dated 12 November 2003 Concerning General Conditions For Granting The Financial Support In Agriculture And Forestry

Original Language Title:  LEGE nr. 454 din 12 noiembrie 2003 privind condiţiile generale pentru acordarea sprijinului financiar în agricultură şi silvicultură

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 454 454 of 12 November 2003 on the general conditions for the granting of financial support in agriculture and forestry
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 829 829 of 22 November 2003



The Romanian Parliament adopts this law + Article 1 Within the limits of the financial resources allocated annually by the state budget law and other resources, financial support will be provided in agriculture and forestry. + Article 2 In order to support activities in agriculture and forestry, financial support may be granted for: a) the increase in revenue and/or the reduction of producer production expenses; b) supporting investment. + Article 3 (1) In order to achieve the objectives provided in art. 2, financial support may be granted for the following: a) agricultural production; b) promoting products on the market; c) investments in agricultural and forestry; d) protection and exploitation of forests; e) use and protection of agricultural land; f) maintenance, development and perpetuation of the vegetal and zootechnical genetic fund; g) fish farming activity; h) exploitation and management of the hunting fund; i) agricultural technique; j) agricultural informatics, research and development in agriculture, agricultural education, experimental farms and professional practice; k) other measures that contribute to the achievement of the objectives set out in a)-j). ((. The activities and elements for which financial support may be granted shall be those laid down in the Annex which forms an integral part of this Law. + Article 4 (. Financial support shall be granted at the request of the applicant following the fulfilment of the pre-established conditions, the commitments made by him or on the basis of projects, as appropriate. (. Natural or legal persons who fulfil the conditions required or whose projects have been admitted may receive reimbursable and/or non-refundable financial support. (3) The application and the documentation requesting financial support shall be submitted to the county authorities of the Ministry of Agriculture, Forestry, Water and Environment. + Article 5 Financial support may only be requested by producers registered in agricultural records. + Article 6 I cannot benefit from financial support in agriculture and forestry: a) legal entities and associations without legal personality in liquidation or that are declared bankrupt; b) the private entrepreneur who is in the enforcement proceedings; c) natural and legal persons who register outstanding debts to the state budget or the local budget; d) natural or legal persons who have provided false, erroneous or incomplete data to the authorities; e) the tenant or the concedent of agricultural land. + Article 7 (1) The beneficiary of the financial support shall be required to provide the data requested by the competent control bodies for verifying its use. ((2) The documents underlying the granting of financial support will be kept by the applicant for 5 years from the date of submission of the application. + Article 8 (1) Legal persons and individuals have the obligation to separately highlight the non-reimbursable financial support granted. (2) Refundable financial support granted according to art. 2 2 shall be subject to obligations and shall be returned in accordance with the financial support contract concluded. + Article 9 ((1) If the budget allocations are not sufficient to cover the requested financial support, the Ministry of Agriculture, Forestry, Water and Environment may take the following measures: a) the receipt of applications may be terminated; b) the settlement of applications submitted may be deferred c) the repayable or repayable financial support obtained may be suspended; (2) The Ministry of Agriculture, Forestry, Water and Environment will publish in daily national spread the intention to apply the measures provided in par. ((1). + Article 10 Product boards, as well as representative professional and inter-branch organizations, recognized at the country level, established by law, participate in establishing the conditions for granting financial support together with public authorities involved. + Article 11 Financial support will be provided following the establishment of the necessary professional participation and training conditions, the form and economic content of financial support. + Article 12 (1) In the case of financial support on the basis of projects, if the law does not have otherwise, the Ministry of Agriculture, Forestry, Water and Public Environment must: a) the announcement of projects for which financial support is granted; b) once a year, the name/name of the natural or legal person, domicile/seat of the beneficiary, level and destination of the financial support (2) Provisions of para. (1) may also be published in agricultural specialty journals. (3) The publication costs shall be borne by the budget of the Ministry of Agriculture, Forestry, Water and Environment. + Article 13 The application for financial support and the declaration submitted shall be deemed to be agreed with the publication of the data referred to in art. 12 12 para. ((1) lit. b). + Article 14 Exceeding the deadline for submitting the application for financial support, if there is such a term, attracts the loss of the right to obtain it. + Article 15 By the normative act that establishes the necessary conditions for obtaining financial support, depending on its nature in agriculture and forestry, the following shall be provided: a) the pre-term disposal of the means purchased from the obtained financial support attracts the full or partial refund of the amounts received; b) financial support for investment support shall be granted only if the applicant also contributes with own financial resources; c) financial support for investments is obtained only after providing the data required by the authorities regarding the economic activity of the applicant; d) investments made from non-reimbursable budget financial support will be mortgaged in favour of the state until the time of commissioning; e) investments made from reimbursable budget financial support will be mortgaged in favour of the state until the full reimbursement of the amounts received; f) financial support may be granted through the boards on products, recognized by the Ministry of Agriculture, Forestry, Water and Environment, or, if there is no such council, by agreement of representative professional organizations; g) the applicant for financial support shall be obliged to maintain within a limited period the number of animals existing at the time of his or her request for the financial support obtained h) financial support for investments is granted only for those new objectives that correspond to international health hygiene rules. + Article 16 The financial leasing requested to support investment activities, with the exception of interest rates, shall be considered as an investment. + Article 17 (1) The public institution providing financial support on request or on a project basis will conclude a contract with the applicant for financial support. (2) The contract necessarily includes the level of financial support, the conditions in which it was granted, the rights and obligations of the applicant, as well as the effects, in case of non-compliance with the contractual clauses. + Article 18 (1) The applicant for financial support may also appeal to other financial statements from the state to achieve the proposed objectives, if the law does not provide otherwise. ((. In the case of appeal to several sources of financial support, the applicant shall be required to declare, at the time of the request of the financial support, the level and legal basis of the amounts obtained up to that date. + Article 19 (1) Applications submitted for the request of financial support according to art. 2 lit. b) are settled in the order of their registration, unless the law provides otherwise. ((2) If there is a deadline for submitting applications, their settlement will begin after the expiry of this term. ((3) The application shall be deemed to be registered if the entire documentation provided for by the legislation in force for financial support has been submitted. + Article 20 (. The requested financial support shall be settled only if the applicant has submitted the declaration with the data required by the authorities. (2) The content of the declaration is established by order of the Minister of Agriculture, Forestry, Water and Environment and will necessarily contain the identification data of the natural or legal person, data relating to equity, number of staff and turnover made in the case of legal entities, as well as the applicant's debts to the state budget, the local budget and to the state social insurance budget. ((3) The criteria for the granting of unpublished financial support may not be taken into account in the settlement of applications. + Article 21 ((1) Applications for the application of financial support provided for in art. 2 lit. b) is settled by a commission, at local or central level, as the case may be, appointed by order of the Minister of Agriculture, Forestry, Water and Environment. (2) Following the resolution of applications for financial support, the applicant's right to financial support shall be determined, the level of support obtained and the conditions for granting and carrying out it. + Article 22 (1) The level of financial support allocated on projects may be lower than that requested. ((2) The projects, in terms of granting financial support, are considered a simple request for request. + Article 23 (1) The applicants for financial support shall be notified of the outcome of the settlement of applications for applications. ((2) In case of rejection of applications for financial support, at the time of notification of the applicant, the causes of refusal shall be communicated in writing. + Article 24 ((1) The allocation of the amounts obtained in the form of financial support is carried out following the submission by the applicant of the authentic documents requested by the authorities and the fulfilment of the conditions provided for by the legislation (2) The financial support obtained by legal entities is allocated only through the account in lei, opened at one of the commercial banks, if the law does not provide otherwise. + Article 25 (1) Persons who do not agree with the way of settling applications submitted may submit an appeal to the Ministry of Agriculture, Forestry, Water and Environment, within 15 days from the date of receipt of the reply according to art. 23 23 para. ((1). (2) The resolution of appeals is carried out by the commission formed at the level of the Ministry of Agriculture, Forestry, Water and Environment, whose composition is called by order of the Minister of Agriculture, Food and Forestry. (3) In order to settle applications for financial support and appeals, no charges shall be levied. + Article 26 In the case of divergences regarding the right to financial support, namely those related to the recovery of the amounts obtained, the settlement is carried out by applying the legislation in force at the date of settlement + Article 27 The authorities who verify the fulfilment of the necessary conditions for the granting of financial support, as well as those regarding the recovery of the undue amounts are those provided + Article 28 ((. The use of financial support for purposes other than those for which it has been requested shall be prohibited and shall be regarded as undue support. (. The undue amounts granted in the form of financial support shall be recovered on the basis of the decision of the competent authorities, with the application of interest and penalties, according to the legislation in force. (3) The financial support obtained shall be considered used for other purposes if its beneficiary does not comply with the provisions of 4 4 para. ((1) and of art. 17 17 para. ((2). + Article 29 ((. The financial support for agriculture and forestry shall be annual or multiannual. ((. In the case of multiannual financial support, the allocation of the amounts obtained for the current year shall be effected by their breakdown each year. + Article 30 Amounts for financial support for agriculture and forestry, according to the provisions of art. 3 3 para. (1), shall be allocated annually by the budget of the Ministry of Agriculture, Forestry, Water and Environment, following the approval of the state budget, as well as from other funds. + Article 31 Within 30 days of the entry into force of this law, at the proposal of the Ministry of Agriculture, Forestry, Water and Environment, the Government will approve by decision the system of agricultural record of applicants for financial support in agriculture and forestry. + Article 32 At the proposal of the Ministry of Agriculture, Forestry, Water and Environment, the Government establishes annually, by decision, the activities provided in the Annex to this Law, for which financial support, its form and size, the conditions of eligibility of the beneficiary, as well as how to grant financial support. This law was adopted by the Senate at the meeting of October 2, 2003, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of October 21, 2003, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC Bucharest, November 12, 2003. No. 454. + Annex ACTIVITIES AND ELEMENTS for which financial support may be granted in agriculture and forestry I. Financial support for the support of agricultural and forestry production 1. In the activities of plant production, financial support may be granted for --plant production; -vegetable and horticultural production; -water use for irrigation; -preserving, maintaining and developing the plant genetic fund; -the transition to organic farming; -the production of seeds and propagating material; -phyto-sanitary analyses; -energy consumption; -chemical fertilizers used in plant production. 2. Financial support may be granted in the activities of animal production to: --matca animals; -herds of heifers; -improvement of production performance in sows; -bee families; --breeding hens; -bull, boar, ram, goat, as well as youth selected for breeding; -purchase of breeding studs; -the use of breeding materials in bovine, porcine, ovine and caprine animals; -analysis of equine performance and skills; -the use of fish breeding materials; -youth breeding sole; -veterinary health actions to prevent and combat animal disease; -veterinary health analysis; -purchases of animal medicines. 3. Financial support may be granted for the financing of agricultural and forestry production for: -programs for the reorganization of agricultural and forestry production. 4. In order to stimulate the improvement of product quality, financial support may be provided for: -improvement of the qualitative level of vegetable production, animal (including hunting), vegetable and horticultural production. 5. In support of the improvement of professional knowledge and agricultural advice, financial support can be provided for: -the partial or total payment of the value of the agricultural consultancy and the training courses of professional knowledge; -professional consulting in the field of forestry. 6. Financial support may be granted to cooperatives of services and associative forms for: -establishment of cooperative service cooperatives, associative forms in agriculture and forestry; -establishment of economic agents to capitalize on vegetables and fruits. 7. Financial support may be provided for the security of plant products in the field and forests. II. Financial support for the promotion of agricultural and forestry products on the market 1. Financial support may be granted to the agricultural and domestic forestry market for: -elimination of distortions on the market; -creation of state reserves; -storage of products. 2. In order to promote agricultural and forestry products on the market, financial support may be provided for: -the analysis of the quality of plant products -making the information system of the councils on products; -organization of symposiums and exhibitions. III. Support for agricultural and forestry investments Financial support shall be provided for: -the achievement of new objectives or the renewal of existing buildings, buildings and technologies in the agricultural, fisheries and forestry fields; -investments in the production and processing of vegetables and fruits; -establishment of fruit plantations; -new investments in the field of research and development in agriculture and forestry; -purchase, including through financial leasing, of new agricultural and forestry machinery and technologies; -establishment of demonstration farms; -realization of new refrigeration spaces, as well as the renewal of existing ones. IV. Support for forest protection and exploitation Financial support for the production and exploitation of forests may be granted for: -actions of afforestation and structural transformation of forests; -preventing foreseeable damage. V. Support for agricultural land use and protection 1. Financial support that can be granted for research done in the field of quantitative and qualitative protection of agricultural land 2. Financial support for the purchase of agricultural land 3. Financial support for the realization of maps and cadastral record VI. Financial support to maintain and perpetuate the vegetal and zootechnical genetic fund VII. Support for fish farming VIII. Financial support for the exploitation and management of the kinetic fund 1. Supporting the protection and maintenance of game troops 2. Support for research actions and propagation of knowledge in the field of hunting IX. Financial support for agricultural informatics, experimental farms and professional practice Financial support may be granted for: -exchanges of experience with abroad; -training of farmers; -agricultural informatics. X. Other measures that contribute to the provisions of item I-IX Other than those referred to in point I-IX, financial support may be provided for: -expansion of irrigation systems; -private agricultural entrepreneurs; -stimulation of insurance. -------