Regulation (2015:407) Of Locally Led Development

Original Language Title: Förordning (2015:407) om lokalt ledd utveckling

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:407

Normgivningsbemyndigande



section 1 of this regulation is notified pursuant



– section 2 of the Act (1994:1708) on the EC regulations on structural funds

and on support for rural development in terms of § 36,



– section 6 of the Act (1994:1708) on the EC regulations on structural funds

and on support for rural development in terms of section 33,



– Article 9 of the Act (1994:1709) on the EC regulations on the

common fisheries policy in terms of § 36,



– section 10 of the Act (1994:1709) on the EC regulations on the

common fisheries policy (CFP) in terms of section 33,



– Chapter 8. section 7 of the Constitution in the case of other

provisions.

Scope of the directive



section 2 of this regulation provides for support for

locally led development which complement the provisions on

locally led development in



1. European Parliament and Council Regulation (EU) no 1301/2013

of 17 december 2013 on the European regional

Development Fund and on specific provisions for

Investing for growth and employment, and if

repealing Regulation (EC) No 1080/2006,



2. European Parliament and Council Regulation (EU) No 1303/2013

of 17 december 2013 on common rules for

European regional development fund, the European

Social Fund, the Cohesion Fund, the European

Agricultural Fund for rural development and the European sea-

and EFF, laying down general rules

on the European regional development fund, the European

Social Fund, the Cohesion Fund and the European marine and

Fisheries Fund and repealing Council Regulation (EC) no

1083/2006,



3. European Parliament and Council Regulation (EU) no 1304/2013

of 17 december 2013 on the European social fund and

repealing Council Regulation (EC) No 1081/2006,



4. European Parliament and Council Regulation (EU) no 1305/2013

of 17 december 2013 on support for rural development by the

The European agricultural fund for rural development (EAFRD)

and repealing Council Regulation (EC) No 1698/2005,



5. European Parliament and Council Regulation (EU) no 508/2014

of 15 may 2014 on European marine and Fisheries Fund and

repealing Council regulations (EC) No 2328/2003, (EC)

No 861/2006, (EC) no 1198/2006 and (EC) no 791/2007 and

European Parliament and Council Regulation (EU) No 1255/2011,



6. European Parliament and Council Regulation (EU) no 1306/2013

of 17 december 2013 on the financing, management and

monitoring of the common agricultural policy and the

repealing Council regulations (EEC) no 352/78, (EEC) no

165/94, (EC) No 2799/98, (EC) no 814/2000, (EC) No 1290/2005

and (EC) No 485/2008, and



7. the delegated acts and implementing acts that complement

the above regulations.



paragraph 3 of the aid under this regulation relating to the implementation of



1. investment priorities Locally led development according to

Article 5 (9) (d) of Regulation (EU) no 1301/2013 and under the

Article 3 (1) (b) (vi) of Regulation (EU) no 1304/2013 (programme

for locally led development with support from the European regional

Development Fund and the European social fund in 2014-2020),



2. the Union's priority in article 5 (6) (b) of Regulation (EU) no

1305/2013;



3. the priority of the Union in article 6(4) of Regulation (EU) no

508/2014.



General provisions



4 § support for locally led development is provided in so far as it

availability of funds and in the form of financial contribution. The total

public financing of an operation must be

40% and a maximum of 100% of the eligible

expenditure.



By way of derogation from the first subparagraph, there are provisions in article 63 (2) of

Regulation (EU) no 508/2014 to support for the implementation of

locally led development strategies relating to such measures

referred to in chapters i, II and IV of title V of regulation

(EU) no 508/2014, with the exception of articles 66 and 67, to

provided in accordance with the relevant conditions and the premium scales per

measure provided for in the chapters.



5 § Support pursuant to this Regulation may not be made



1. for measures such as State, County, region or

municipalities will be responsible for according to law

Constitution,

2. for measures which only aims to

comply with the requirements of EU legislation or national

right, or



3. to undertakings in difficulty as referred to in

Commission notice guidelines on State aid for

the rescue and restructuring of non-financial corporations in

difficulties (2014/C 249/01).



State aid



section 6 of the aid which falls outside the scope of article

42 of the Treaty on the functioning of the European Union and that

otherwise constitute State aid may only be provided in accordance with

Commission Regulation (EU) No 1407/2013 of 18 december

2013 on the application of articles 107 and 108 of the Treaty

on the functioning of the European Union on de minimis aid

importance.



section 7 where an application refers to aid falling within the scope of Regulation (EU)

No 1407/2013, it shall also contain a statement of all

other de minimis aid received during the two

previous fiscal years and the current

the tax year.



paragraph 8 of the State's agricultural work, in the case of assistance under this

Regulation bring the register referred to in article 6(4) of

Regulation (EU) No 1407/2013. The Agriculture Department should leave the

information of the company as set out in article 6(1) of the

the regulation.



Managing authority



9 § the Agriculture Department will be managing authority for

program for locally led development with support from

European regional development fund and the European

Social Fund 2014-2020. The Agriculture Department will also carry out the

information provided by the certifying authority under article

126 of Regulation (EU) No 1303/2013.



Provisions relating to the Agriculture Department's managing authority

for the rural development programme and managing authority for marine

and the fisheries program, see Chapter 1. section 8 of the regulation

(2015:406) on support for rural development measures and in 4

Cape. section 5 of the Ordinance (1994:1716) on fisheries, aquaculture and

the fishing industry.



Paying agencies



section 10 of the Regulations that the Agriculture Department is paying agencies

for aid from the European agricultural fund for

rural development can be found in Chapter 1. section 10 of the regulation

(2015:406) on support for rural development measures.



Audit authority and the certifying bodies



section 11 of the national financial management authority should be audit authority for

program for locally led development with support from

European regional development fund and the European

Social Fund 2014-2020.



Provisions relating to the Swedish national financial management authority is certifying

Agency for rural development programme and audit authority for

Marine and fisheries program, see Chapter 1. Article 9 of the regulation

(2015:406) on support for rural development measures and in 4

Cape. section 6 of the Ordinance (1994:1716) on fisheries, aquaculture and

the fishing industry.



Supervisory Committee



section 12 of the implementation of the programme for locally led development

with support from the European regional development fund and

The European social fund 2014-2020 will be supervised by a

the Monitoring Committee set up by the Government.

Data Monitoring Committee is clear from articles 49 and

110 of Regulation (EU) No 1303/2013.



The Chairman of the Monitoring Committee appointed by the Government.

The Government decides which relevant authorities and other

Parties to be represented in the Monitoring Committee. These

should in turn appoint their representatives.



Decision of the Monitoring Committee are taken by a simple majority.



13 § provision for there to be a

Monitoring Committee for rural development programme and the marine and

fisheries programme set up by the Government, see Chapter 1.

section 13 of the Regulation (2015:406) on support for

rural development measures and in Chapter 4. section 7 of the regulation

(1994:1716) on fisheries, aquaculture and fishing industry.



Locally led development strategies



14 § Within the Agriculture Department should there be such a

the selection Committee referred to in article 33(3) of Regulation (EU) no

1303/2013.



15 § proposal for a locally led development strategies should be given

submitted to the Agriculture Department. Provisions for such strategies

see article 33 of Regulation (EU) No 1303/2013 and, if

strategies require funding from European sea-

and EFF, in article 60 of Regulation (EU) no

508/2014.



It systems for matters concerning support



It systems



section 16 Of the Agriculture Department to have it systems for

electronic data processing in respect of aid within the meaning of

This regulation.



Duty to disclose information to it systems



section 17 of the local action groups should to it systems provide the

tasks that are added to a case for support.



Obligation to disclose information from it systems



section 18 of the Swedish Board of agriculture shall, at the request of a local action group

leave out the data necessary for the processing of

cases for support.



In addition, the Swedish Board of agriculture on request disclose information in

matters concerning support for national financial management authority.



Direct access to the it systems



section 19 of The local action group may have direct access to

information on issues relating to support measures that the Group should

decide according to section 23 and found in Swedish

It systems.



section 20 of the national financial management authority may have direct access to

information in respect of support available in Swedish

It systems and that the Agency needs to be able to carry out

his work as the audit authority for the programme for local

led development with support from the European regional

Development Fund and the European social fund in 2014-2020.



Proceedings in matters concerning support



Application for support



section 21 an application for aid shall be submitted to the Board of agriculture and

recorded in Swedish it-systems.



section 22 of A single application for the aid must not, with the exception of

preparatory assistance under section 29 1, include measures

requires the support of more than one Fund.



Examination of application for support



section 23 of the decision on selection of actions under section 29, first paragraph 2

and 3 taken by the local action group. The group will also

decide on the amount of aid, taking account of what is said about


support levels in section 4.



The Group's decisions concerning the selection of an operation shall be submitted to the

The Agriculture Department for further examination under section 25.



The Group's decision that an operation will not be supported to

be notified to the who have sought assistance.



section 24 of The local action group in their handling of

aid cases under section 23 apply the provisions on conflict of interest,

parties ' right to participate in the details, justification of decisions

and notification of decision on 11, 12, 16, 17, 20 and 21 of

Administrative Procedure Act (1986:223).



25 § Agriculture Department makes a decision as to whether a bet

According to section 29, first paragraph, (2) and (3) that the local

the task force referred to in section 23 selected should be supported by a

determination of whether the initiative is consistent with Union policies, this

Regulation and the rules adopted pursuant to this

Regulation. The Agriculture Department will receive the decision lay down conditions

for the support.



section 26 of the Agriculture Department makes decisions about aid within the meaning of section 29 first

paragraph 1, 4 and 5.



Payment of the aid



section 27 of the application for payment of the aid shall be submitted to

The Agriculture Department that decides on payment and pay

the aid. Before a decision on the payment made to

The Agriculture Department to verify that the payment is in accordance with the

Union rules, this regulation, regulations issued

pursuant to this regulation and the conditions for the aid provided for in

the order for support. If the check shows that a payment

would be contrary to the rules or conditions will

The Agriculture Department may decide to refrain, in whole or in part, from

to pay the aid.



Advance payment



section 28 of the Swedish Board of agriculture may decide

an advance payment of aid as referred to in section 29, first paragraph 2 and

3 to a non-profit organization, an economic association, a

Public Foundation or a Community Association.

Advances may be left with no more than half of the granted

the amount, up to a maximum of 250 000 SEK.



The Agriculture Department may also decide on an advance payment

According to section 29, first paragraph 1, 4 and 5 to a local

action group. Advances may be left with no more than half of the

the amount granted, to a maximum of 500 000 kroons.



Support measures



section 29 Support may be granted in accordance with article 35 of Regulation (EU) no

1303/2013



1. Preparatory assistance,



2. implementation of the activities in the local area led

development strategy,



3. preparations for and implementation of the local

cooperative activities of the lag,



4. ongoing costs related to the management of the

locally led development strategy's implementation, and



5. management functions within the locally led

development strategy.



When the aid referred to in the first subparagraph 2 and 3 left from the European

Marine and Fisheries Fund by way of derogation from articles 63 and

64 in Regulation (EU) no 508/2014 shall be taken into account.



When the aid referred to in the first subparagraph 3 left from the European

Agricultural Fund for rural development will be what is said

in article 44 of Regulation (EU) no 1305/2013 shall be taken into account.



The repayment obligation and the suspension of aid



30 § in addition to what is being said about the repayment obligation in

Article 71 of Regulation (EU) No 1303/2013, of Regulation (EU)

No 1306/2013, in the Commission's implementing Regulation (EU) no

809/2014 of 17 July 2014 laying down rules for the application of

European Parliament and Council Regulation (EU) no

1306/2013 as regards the integrated administration and

control system, rural development measures and

cross-compliance, the Commission delegated Regulation (EU) no

640/2014 of 11 March 2014, supplementing the

European Parliament and Council Regulation (EU) no 1306/2013

as regards the integrated administration and

control system and the conditions for refusal of or withdrawal

of payments and administrative sanctions applicable to

direct AIDS, rural development support and cross-compliance and in

Article 25 of Regulation (EU) no 508/2014 comes to a

the beneficiary is obliged to refund if



1. the aid granted on the basis that the beneficiary in its

applications for aid submitted incorrect or incomplete

data,



2. the beneficiary seriously violated the

conditions for aid, or



3. the payment has been made due to the beneficiary in his

application for payment of the aid supplied false or

incomplete information.



section 31 of the Agriculture Department should withdraw before payment is made

decision on the aid in whole or in part if any of

the conditions in section 30 1 and 2 are met or if any

other occurs in which the granted support with

respect to the objectives of the aid should not be allowed to have this remain.



32 § Agriculture Department to recover aid paid on

the repayment obligation applies according to article 71 of the

Regulation (EU) No 1303/2013, Regulation (EU) no 1306/2013,

Regulation (EU) no 809/2014, Regulation (EU) no 640/2014;

Article 25 of the sea and Fisheries Fund regulation or section 30.



Rate



33 § When a paid support is required back to interest rate charged

According to article 72 (h) of Regulation (EU) No 1303/2013 and

Article 7 of the Regulation (EU) no 809/2014. The interest rate will be calculated

in accordance with the interest Act (1975:635).



Statute of limitations



34 § rules on periods of limitation for taking action on

because of irregularities as referred to in article 1 (2) of

Council Regulation (EC, Euratom) No 2988/95 of 18 december

1995 on the protection of the European Communities ' financial

interests can be found in article 3 of that regulation. Instead of

the periods referred to in article 3(1), first and fourth subparagraphs

the regulation applies to a recovery order because

of irregularities should be taken within ten years from the

the amount was paid.



In the case of time-barred claims for reimbursement

than those referred to in the first subparagraph

Limitation Ordinance (1981:130).



Responsibility for reporting irregularities



35 § Agriculture Department is responsible for the provision of

irregularities in accordance with article 122(2) of the Regulation (EU)

No 1303/2013.



Supervisory authority



36 § Agriculture Department exercises within the framework of their responsibilities under

This regulation, supervision and control of the application of the provisions

in the European regulations referred to in section 2 and the provisions of

This regulation is complied with.



Authorization



37 §/expires U: 2015-12-01/

The Agriculture Department may provide for

the implementation of this regulation.



The Agriculture Department may announce further provisions on



1. the local action groups ' management, and



2. discounts on support and suspension of assistance due to

the conditions for



the aid have not been respected.



37 §/comes into force: 2015-12-01/

The Agriculture Department may provide for the enforcement of this regulation.



The Agriculture Department may announce further provisions on



1. the local action groups ' management,



2. beneficiaries, 3. support conditions, and



4. reduction in support and the suspension of aid due to the conditions of the aid have not been respected.



The Swedish Board of agriculture may also provide for the eligibility of expenditure and on the minimum and maximum amount. Regulation (2015:630).



Appeal



38 of 22 AOF the Administrative Procedure Act (1986:223) provides

on the appeal to the General Administrative Court. Other decisions

than the decision not to pay the aid within the meaning of § 27 and to repeal

decision on the aid provided for in section 31 shall not, however, be appealed.