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Transitional national aid for crop and hayseed

Issuer:Minister of Rural Affairs
Type:regulation
In force from:01.01.2018
In force until: In force
Translation published:17.10.2019

Transitional national aid for crop and hayseed

Passed 17.04.2017 No. 33
RT I, 18.04.2017, 5
Entry into force 21.04.2017

Amended by the following legal instruments (show)

PassedPublishedEntry into force
22.12.2017RT I, 29.12.2017, 1601.01.2018

The Regulation is established under subsections 25 (2), 28 (2), and 29 (2) of the European Union Common Agricultural Policy Implementation Act and Article 37 of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council, establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No. 637/2008 and Council Regulation (EC) No. 73/2009 (JO L 347/608, 20.12.2013, pp. 608 – 670).

Chapter 1 General provisions 

§ 1.  Scope

  This regulation establishes detailed requirements for receiving transitional national aid for crop and transitional national aid for hayseed (hereinafter together referred to as aid) as well as the procedure for applying for aid and application proceedings.

§ 2.  General requirements for receiving aid

 (1) The aid can be applied for by a natural or legal person or an association of persons without the status of a legal person who exercises an agricultural activity in a holding pursuant to Article 4 (1) c) of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council (hereinafter the applicant).

 (2) Holdings are, for the purposes of this regulation, all units used for agricultural activities and managed by a farmer, situated within the territory of Estonia, and containing at least:
 1) one hectare of agricultural area, verified during a proceeding of application for single area payment in the year of submitting an application, or whose existence is otherwise verified by the applicant, or
 2) a number of agricultural animals equal to a single livestock unit, according to information on the register of agricultural animals as at 2 May of the year of submitting an application, or whose existence is otherwise verified by the applicant.

 (3) The agricultural area specified in clause (2) 1), on which the applicant has not received a single area payment, must be maintained with such agrotechnical methods that eliminate the possibility of extensive spreading of undesirable vegetation and enable the land to be implemented for exercising agricultural activities in the coming growing season without additional costs.

 (4) The calculation coefficients for converting agricultural animals to livestock units as specified in clause (2) 2) are available in the Annex to Regulation No. 17 of the Minister of Rural Affairs of 16 February 2017 ‘Transitional National Aid for Livestock Farming’.

§ 3.  Transfer of agricultural holdings

 (1) Article 8 of the Commission Implementing Regulation (EU) No. 809/2014, laying down rules for the application of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures, and cross compliance (OJ L 227, 31 July 2014, pp. 69–124) is applied in transferring agricultural holdings.

 (2) The period specified in Article 8 (3) a) of the Commission Implementing Regulation (EU) No. 809/2014 begins on 22 May and ends on 1 September.
[RT I, 29.12.2017, 16 - jõust. 01.01.2018]

 (3) In the case of transferring an agricultural holding, to notify of such transfer and apply for payments during the period specified in subsection 3 (2), the transferee of a holding will submit the following information to the Agricultural Registers and Information Board (hereinafter the ARIB):
18 January 2018 11.18 a.m.
Amendment – a clear inaccuracy amended in the word ‘e-services’ pursuant to subsection 10 (4) of the Act in Riigi Teataja.
 1) the name and registry code or personal identification code of the transferor of a holding;
 2) the name and registry code or personal identification code of the transferee of a holding;
 3) a verification from the transferor and the transferee on the transfer of an agricultural holding;
 4) information on the payment application from the transferee of the agricultural holding.
[RT I, 29.12.2017, 16 - jõust. 01.01.2018]

§ 4.  Unit amount

  Pursuant to subsection 31 (2) of the European Union Common Agricultural Policy Implementation Act, the ARIB will decide on the unit amounts of aid by 1 December of the year of submitting an application.

Chapter 2 Requirements for receiving aid 

§ 5.  Requirements for applicants of transitional national aid for crop

  Transitional national aid for crop can be applied for by an applicant who is applying for a single area payment and who holds a CNDP entitlement for crop as referred to in subsection 26 (1) of the European Union Common Agricultural Policy Implementation Act as at 15 June of the year of submitting the application.

§ 6.  Requirements for applicants of transitional national aid for hayseed

  Transitional national aid for hayseed can be applied for by an applicant who has been assigned or who holds a hayseed CNDP entitlement as referred to in subsection 26 (1) of the European Union Common Agricultural Policy Implementation Act as of 15 June of the year of submitting the application.

Chapter 3 Applying for aid and the proceeding of applications 

§ 7.  Applying for aid

 (1) An applicant will submit an application through the e-services environment of the ARIB from 2 May to 21 May, containing information on which relevant entitlement is the basis for applying for aid, along with information specified in subsection 151 (1) of Regulation No. 32 of the Minister of Rural Affairs ‘General requirements for the receipt of direct payments, single area payment, climate and environment payment, and payment for young farmers’ of 17 April 2015.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]

 (2) Upon applying for aid, an applicant will submit a joint application for all area payments that are granted in relation to livestock farming and improving the well-being of animals as well as transitional national aid for crop and transitional national aid for hayseed pursuant to the Estonian Rural Development Plan for 2014–2020.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]

 (3) If an applicant has been granted aid entitlement pursuant to section 27 of the European Union Common Agricultural Policy Implementation Act, he or she will submit an application to the ARIB through the e-services environment of the ARIB along with a notification or a document identified in Regulation No. 86 of the Minister of Rural Affairs ‘Notification about the transfer of entitlements to a complement to direct payment’ of 14 December 2017.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]

§ 8.  Calculating the amount of aid

 (1) The amount of aid for transitional national aid for crop is calculated by comparing the numbers of the CNDP entitlement of an applicant as referred to in subsection 26 (1) of the European Union Common Agricultural Policy Implementation Act to the number of hectares of the agricultural land entitled for aid, ascertained in the year of submitting the application during the proceedings for single area payments.

 (2) The amount of transitional national aid for crop is calculated according to the numbers of the CNDP entitlement of an applicant as referred to in subsection 26 (1) of the European Union Common Agricultural Policy Implementation Act if the number of hectares of the agricultural land entitled for aid, ascertained in the year of submitting the application during the proceedings for single area payments, is equal to or exceeds the number of relevant payment entitlement.

 (3) The amount of transitional national aid for crop is calculated according to the number of hectares of the agricultural land entitled for payment, ascertained during the proceedings for single area payment, if the number of respective hectares in the year of submitting the application is smaller than the relevant number of the CNDP entitlement for crop as referred to in subsection 26 (1) of the European Union Common Agricultural Policy Implementation Act.

 (4) The amount of transitional national aid for hayseed is calculated according to the number of CNDP entitlement for hayseed as referred to in subsection 26 (1) of the European Union Common Agricultural Policy Implementation Act.

§ 9.  Checking applications

 (1) The ARIB will verify the correctness of information given in an application and its compliance with payment requirements.

 (2) An applicant will notify the authorities identified in subsection (1) of the circumstances relevant to deciding on the fulfilment of an application.

§ 10.  Fulfilment or refusal of application

 (1) The ARIB will decide on the fulfilment or refusal of an application by 10 December of the year of submitting the application.

 (2) The ARIB will decide on the refusal of an application pursuant to provisions of section 30 of the European Union Common Agricultural Policy Implementation Act.

§ 11.  Payment

  The aid is paid by 30 June following the year of submitting the application.

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