Landscape conservation guideline

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The Landscape Conservation Directive 2015 of the Ministry for Rural Areas and Consumer Protection for the Promotion and Development of Nature Conservation, Landscape Conservation and Regional Culture ( LPR ) of October 28, 2015 is an administrative regulation of the state of Baden-Württemberg .

According to the LPR, agricultural subsidies for the area-related promotion of measures of nature conservation, landscape maintenance and national culture are approved at the dutiful discretion within the framework of the budget authorizations available. The measures are intended to promote rural development and serve the objectives of the European Agricultural Fund for Rural Development (EAFRD) .

General provisions

According to the LPR, natural persons such as farmers and volunteers , legal entities under public and private law (clubs and associations) as well as local authorities ( municipalities ) can be funded. A funding procedure will be decided upon upon written application.

The funded measure has to serve designated protected areas such as a nature or landscape protection area or a protected landscape component (3.2 LPR). Authorization agencies are the regional councils and lower administrative authorities .

Eligible Actions

Contract nature conservation

The extensification of agriculturally used areas up to the complete abandonment of cultivation, the resumption or retention of extensive cultivation as well as the cultivating cultivation of agriculturally usable areas and the care and development of non-agriculturally used areas is funded. The grant is granted as full funding for a project. It is primarily regulated with farmers and foresters through a public law contract (grant agreement ) with a term of five years.

Species and biotope protection

The funding serves the diversity of species as well as the creation, design and maintenance of biotopes . Farmers or farmers' associations are given priority. The grant is granted as part of a project grant in the form of partial or full financing.

The recipient of the grant applies for payment in accordance with the provisions of the grant notice or a contract under public law .

Land acquisition for biotope development and compensation

Funding is provided for the acquisition of a property or a right equivalent to a property within the framework of a biotope development measure in the predominantly public interest for the purpose of nature conservation , landscape maintenance and national culture, as well as compensation for the abandonment of existing facilities (so-called replacement of a disruptive factor).

Beneficiaries are nature conservation associations , local authorities , natural persons and legal entities under public and private law. The grant is granted as a grant as part of project funding.

Eligible are the purchase price up to the local market value and the ancillary costs ( e.g. real estate transfer tax , notarization and land registry fees, survey costs, costs for appraisal) as well as the costs for the biotope development measure itself.

The approval can be given by notification with special ancillary provisions.

Investments

The purpose of the grant is to invest in small farms, in the processing and marketing of products produced in accordance with nature conservation, in landscape maintenance, for example through the purchase of vehicles and machines, as well as the investment of the state or a facility with state participation, for example in exhibitions and nature trails.

Beneficiaries are in particular natural and legal persons who run an agricultural company whose sales revenue is generated at least 25% from soil management or land-based animal husbandry, producer associations and companies in the trade and the processing or processing of agricultural or forestry products. The recipient of a grant must have the professional reliability to properly manage an agricultural or forestry business.

The grant is granted as a grant as part of project funding. In addition to regional councils and lower administrative authorities, the approval authority can also be the Baden-Württemberg Ministry for Rural Areas and Consumer Protection . The decision will be coordinated in consultation between the nature conservation authority and the agricultural authority, provided that agricultural issues are affected.

Services

Services for biotope networking and minimum floor space with an integrative nature conservation approach and for the purpose of nature conservation , landscape maintenance and national culture such as advice and information, the management of projects, monitoring , public relations and environmental education are funded.

The grant is granted as part or full funding within the framework of project funding.

Authorization agencies are the Baden-Württemberg Ministry for Rural Areas and Consumer Protection , the State Agency for the Environment, Measurements and Nature Conservation Baden-Württemberg (LUBW) and the Forest Research and Research Institute Baden-Württemberg (FVA) as well as the regional councils and lower administrative authorities.

Controls and penalties

In accordance with Regulation (EU) No. 1306/2013 on the financing, administration and control system of the Common Agricultural Policy (GAP), the agencies of the state, the federal government and the European Communities are authorized to monitor the appropriate use of the donations on site. The administrative, on-site, second and ex-post controls, including any cuts and sanctions, are carried out in accordance with Regulation (EU) No. 809/2014 and Regulation (EU) No. 640/2014.

In accordance with Art. 19a of Regulation (EU) No. 640/2014, a "yellow card" will be issued if areas are over-declared

    • Funding measures for the basic premium, the redistribution premium, the young farmer premium, for small producers and for
    • Payments for areas with natural handicaps (AGZ)
    • Payments under the Natura 2000 and Water Framework Directives (Natura2000)
    • Payments for areas with natural or other specific constraints

An over-declaration in a measure will be penalized in half if the extent is low. A red card is issued if the extent of the over-declaration is large or a yellow card was issued in the previous year. Then it is sanctioned in full. Additional claims may then arise.

See also

Web links

Individual evidence

  1. ↑ Administrative regulation of the Ministry for Rural Areas and Consumer Protection for the promotion and development of nature conservation, landscape management and regional culture (Landscape Management Directive 2015 - LPR) of October 28, 2015 - Ref .: 63-8872.00
  2. ↑ REGULATION (EU) No. 1306/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of December 17, 2013 on the financing, management and control system of the common agricultural policy and repealing Regulations (EEC) No. 352/78, (EC) No. 165/94, (EG) No. 2799/98, (EG) No. 814/2000, (EG) No. 1290/2005 and (EG) No. 485/2008 of the EUR-Lex Council, accessed on 9 March 2016
  3. ↑ Federal Ministry of Food and Agriculture : Principles of the Common Agricultural Policy (GAP) and its implementation in Germany January 5, 2015
  4. ↑ IMPLEMENTING REGULATION (EU) No. 809/2014 OF THE COMMISSION of 17 July 2014 with implementing provisions for Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and measures for rural development and the Cross-Compliance EUR-Lex, accessed on March 9, 2016
  5. ↑ DELEGATED REGULATION (EU) No. 640/2014 OF THE COMMISSION of 11 March 2014 supplementing Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and the conditions for the Rejection or withdrawal of payments as well as for administrative sanctions in the context of direct payments, development measures for rural areas and the cross-compliance EUR-Lex, accessed on March 9, 2016