25% of fines to farmers will go to the Agriculture Fund
The successive amendments and additions to the Law on Support for Agricultural Producers (ZPZP) were promulgated in today’s issue 85 of October 8, 2024 of the State Gazette.
One of the novelties is in Art. 57, para. 3, according to which, when determining the final amounts for farmers under the Basic income support for sustainability – OPDU (formerly – “area payment”), the data goes through NAA
A new text has also been entered in Art. 14, paragraph 1. According to him, up to 25% of the sums received as a result of the reductions and exclusions, when the preconditions are applied, go to the DF “Agriculture”.
Another text that concerns farmers is included in Art. 28. It states: “When the individual administrative act, with which the full or partial disbursement of financial assistance under the interventions under Art. 52, para. 1, items 1 and 2, is not withdrawn within 6 months from its publication in the SEU, the deed is considered delivered.”
LAW
to amend and supplement the Law on Assistance to Agricultural Producers
(promulgated, SG No. 58 of 1998; amended, Nos. 79 and 153 of 1998, Nos. 12, 26, 86 and 113 of 1999, No. 24 of 2000, Nos. 34 and 41 of 2002, Nos. 14 and 105 of 2005, and 108 of 2006, No. 13, 59 of 2007, No. 12, 32, 85 of 2009, No 2010, No. 8 of 2012, No. 15, 101 of 2013, No. 12, 61 of 2014 95 of 2015, Nos. 45 and 61 of 2017, Nos. 2, 18 and 77 of 2019, Nos. 21, 63 and 2020, Nos. 61 and 102 of 2023 and Nos. 41 and 70 of 2024 .)
§ 1. In Art. 14 the following amendments and additions are made:
1. In para. 1, a new item 11 is created:
“11. up to twenty-five percent of the amounts received as a result of the reductions and exclusions, when applying the preconditions according to Art. 12 and 13 of Regulation (EU) 2021/2115.”
2. In para. 3 the words “item 12 and 13” are replaced by “item. 11, 12 and 13′.
§ 2. In Art. 27 the following amendments and additions are made:
1. A new paragraph is created. 8:
“(8) When issuing acts under para. 6 and 7, the limitation periods according to Regulation (EC, Euratom) No. 2988/95 of the Council of 18 December 1995 on the protection of the financial interests of the European Communities shall apply.
2. The previous paras. 8 and 9 become para. 9 and 10.
§ 3. In Art. 28 the following amendments and additions are made:
1. In para. 1 after the words “between the State Fund “Agriculture” is added “or the Managing Authority of the Strategic Plan”, and after the word “persons” is added “or by the head of the Managing Authority of the Strategic Plan”.
2. Paragraph 2 is amended as follows:
“(2) The individual administrative acts, with which the full or partial disbursement of financial assistance under the interventions under Art. 52, para. 1, item 1 (direct support – no.) shall be issued by December 31 of the year following the year of submission of support applications.”
3. Paragraphs are created. 3 and 4:
“(3) When the individual administrative act, with which the full or partial disbursement of financial assistance under the interventions under Art. 52, para. 1, items 1 and 2, is not withdrawn within 6 months of its publication in the Official Gazette, the deed is considered delivered.
(4) The individual administrative act, which fully or partially refuses the payment of a grant for technical assistance, is considered to have been delivered with the sending of the message to the SEU.”
§ 4. In Art. 52, para. 4, the words “administrative contract” are replaced by “administrative act, after which an administrative contract is signed”.
§ 5. In Art. 54, para. 4 in the first sentence at the end is added “as well as if they apply for the first time and meet the requirements of para. 1, items 1 – 3”, and in the second sentence, the words “and through” are replaced by “through”.
§ 6. In Art. 56, para. 3 after the words “promulgate in” insert “the official section of”.
§ 7. In Art. 57, para. 3 the following amendments and additions are made:
1. In the first sentence after the word “owner” is added “for the last completed tax year”.
2. A new third sentence is created: “The data (for the approved payments under ODPU among the deduction of expenses for salaries, insurances – no.) are provided once a year by the National Revenue Agency before final authorization and intervention payments for the current campaign are completed.”
3. The previous sentence three becomes sentence four and in it the word “official” and the words “for the year preceding the year of application for assistance” are deleted.
§ 8. In Art. 60, the following amendments and additions are made:
1. In para. 1 the word “the moment” is replaced by “the first year” and after the words “application for support” there is added “under the scheme for young farmers or the intervention of supplementary income support for young farmers”.
2. In para. 3, the word “intervention” is replaced by “the young farmer scheme or the intervention for additional income support for young farmers”.
§ 9. In Art. 68 the following additions are made:
1. In para. 1 item 4 is created:
“4. the terms and conditions for providing support under the intervention under Art. 76, paragraph 3, letter “a” of Regulation (EU) 2021/2115, as well as the procedure for imposing administrative sanctions.”
2. In para. 2 after the word “endorsed” is added “by order” and the second sentence is created: “The order also sets a deadline for publishing the explanations and a start and end date for submitting applications for support.”
3. In para. 3 after the words “Projects of” is added “orders under para. 2 s”.
4. Paragraphs are created. 7 – 10:
“(7) The administrative contract or the administrative act for granting or refusing to grant financial assistance shall be concluded or issued within a period of 6 months after the acceptance of applications for assistance has been completed.
(8) The administrative contract or the administrative act, including the application for support approved by them, may be amended and/or supplemented at the initiative of the head of the managing body, of the State Fund “Agriculture” or at the request of the beneficiary, when this is based on procedure-related changes in the law of the European Union, in Bulgarian normative acts, in the policy at the European and/or national level arising from a strategic document, or in the Strategic Plan.
(9) The application for support approved by the administrative contract or the administrative act may be amended and/or supplemented at the motivated request of the beneficiary and outside of the cases under para. 8.
(10) The amendments and additions under para. 8 and 9 cannot lead to:
1. change of the main purpose of the activity and/or the purpose of the investment according to the approved application for support;
2. non-compliance with the goals, activities and requirements specified in the documents under para. 2;
3. increase in the value of the agreed financial assistance;
4. non-compliance with the selection criteria according to which the beneficiary’s application for assistance was evaluated and the amendment or addition will result in a number of points lower than the minimum number of points for the applications for assistance for which a budget is available, but not less than the minimum number specified in the documents under para. 2 according to the relevant reception.’
§ 10. In Art. 73 the following amendments and additions are made:
1. In para. 1 after the word “interventions” is added “and on technical assistance”.
2. In para. 5, in the second sentence, the words “the withdrawal of the message” are replaced by “its withdrawal” and the third sentence is created: “When the act is not withdrawn within a period of one month from its publication in the CEU, the act is considered delivered.”
3. Paragraph 7 is amended as follows:
“(7) The act under para. 1 is subject to voluntary implementation within 14 days of its delivery. After the expiration of the period for voluntary implementation, the unduly paid financial aid, together with the interest due for arrears, is also collected by deduction from all subsequent payments to the beneficiary from the State Fund “Agriculture”, regardless of the source of financing, or by exercising rights under certain from the collateral beneficiary.’
4. In para. 9 after the words “promulgate in” insert “the official section of”.
5. Paragraphs are created. 10 and 11:
“(10) When issuing the act under para. 1, the limitation periods according to Regulation (EC, Euratom) No. 2988/95 of the Council of December 18, 1995 on the protection of the financial interests of the European Communities shall apply.
(11) State Fund “Agriculture” does not undertake recovery actions in case of:
1. expiration of the statute of limitations under para. 10;
2. death of the natural person when there are no heirs or other persons responsible for the public obligation;
3. deletion of the legal entity after termination by liquidation or bankruptcy proceedings;
4. refundable amounts, which, without interest, do not exceed those specified in Art. 27, para. 4 size.’
§ 11. In Art. 74 the following amendments and additions are made:
1. The previous text becomes para. 1 and in it at the end it is added “and is subject to challenge before the competent court according to the Administrative Procedure Code, and the challenge does not stop its implementation”.
2. Paragraph is created. 2:
“(2) In case of non-compliance with the rules for the awarding of public contracts by the State Fund “Agriculture” – a beneficiary under the regulation under Art. 68, para. 1, item 2, established upon subsequent control by the Ministry of Agriculture and Food, the financial correction is imposed by the head of the Managing Authority of the Strategic Plan with the act and in accordance with Art. 73.”
Transitional and final provisions
§ 12. (1) For proceedings initiated and not completed before the entry into force of this law, for which no individual administrative act has entered into force, refusing in whole or in part the payment of financial assistance under the schemes and measures for which the procedure for submitting an application is defined in the regulation under Art. 32, para. 5, art. applies. 28, para. 3.
(2) The individual administrative acts published in the SEU before the entry into force of this law, which completely or partially refuse the payment of grants under the schemes and measures for which the procedure for submitting an application is determined in the regulation under Art. 32, para. 5 and which have not yet been withdrawn, the term under Art. 28, para. 3 begins to run from the entry into force of this law.
(3) The individual administrative acts for the 2023 campaign, with which the full or partial disbursement of financial aid for the interventions under Art. 52, para. 1, item 1, shall be issued within 7 months of the entry into force of this law.
§ 13. The law enters into force on the day of its promulgation in the State Gazette.
The law was adopted by the 50th National Assembly on September 25, 2024 and was stamped with the official seal of the National Assembly.
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