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.