FLF, Alm.del - 2012-13 - Supplerende svar på spørgsmål 467: Spm. om ministeren vil fremsende en redegørelse med de relevante bilag, der beskriver forløbet i sagen om randzoner og kompensationen for randzoner fra tidspunktet, hvor Natur- og Miljøklagenævnet erklærede vandplanerne ugyldige, og frem til i dag, til fødevareministeren

Concerning: Your letter of 4 June 2013 concerning the annulment of the riverbasin management plans and the implementation of the compensationscheme for mandatory buffer zones in DenmarkDear Mr Bonde,I refer to your letter of 4 June concerning a further delay in the implementation of riverbasin management plans in Denmark and the consequences for the implementation of thecompensation scheme under Article 38 of R1698/2005 in the Danish RDP (measure213).'First of all, I should draw your attention to our reply of 23 May2to your letter of 2 May3concerning the possibility of paying compensation to farmers before the adoption of newriver basin management plans, where it is explained that payments are not possible undermeasure 213 in the absence of valid river basin management plans.Indeed, I would like to remind you that under the terms of Regulation (EC) No1974/20054and Regulation (EC) No 1698/20055the measure can only providecompensation for costs resulting from restrictions that are in accordance with river basinmanagement plans implemented in the areas concerned. The absence of valid river basinmanagement plans means that an important legal prerequisite for the implementation ofmeasure 213 of the Danish RDP currently is not in place.

Furthermore, this situation can be expected to persist for an extended period of time asaccording to your letter the final content of the river basin management plans will bedetermined only in the autumn of 2014. In this situation I would like to commend theDanish authorities for the decision to provide compensation under a national scheme for2012 and 2013 in line with state aid rules and postpone the application of the RDPmeasure until 2014.In reply to your request for clarification with regard to the possibility of payingcompensation under the measure for the entire 2014, even though the new river basinmanagement plans will only be in place in the autumn of that year, I can refer to ourletter of 26 February6, which describes a scenario (scenario 2) in which it would bepossible for the Danish authorities to pay compensation with retroactive effect once theadoption of the new river basin management plans has been completed.The letter of 26 February concerned a situation where the river basin management planswould be adopted already in 2013.However, I can confirm that, provided all the conditions listed in the letter are fulfilledand new river basin management plans have indeed been adopted in the autumn of 2014,it should be possible for the Danish authorities at that time to pay the compensation from1 January 2014 with co-financing from the RDP.In these circumstances the conditions listed in the letter should be read as referring to theperiod actually covered by payments under the RDP, i.e. from 1 January 2014. Hence, inline with the second scenario described in our letter of 26 February, payments could bemade under the measure for the entire 2014 provided that:• the envisaged RBMPs can indeed be adopted in 2014 with retroactive effect, asdescribed in your letter;• continuity of the conditions set out with regard to this measure in the annulledand the new RBMPs will be ensured;• the restrictions for which compensation is paid under the measure remain inplace, i.e. the requirements for which beneficiaries will be compensated as of 1January 2014 under the envisaged new RBMPs should be the same as thoserequirements for which beneficiaries would have been compensated as of 1January 2014 in the absence of an annulment of the RBMPs and there is nointerruption in the implementation of these restrictions;• and the necessary controls are carried out as required under Regulation (EU) No65/2011 for the whole period.I would like to point out that in light of the legal uncertainty concerning the RDPmeasure, which will persist until the moment when the new river basin managementplans have been adopted, any procedures initiated by the Danish authorities before thatdate, such as calls for applications etc., would be at the own risk of the nationalauthorities in as far as they might create legitimate expectations on the part ot potentialbeneficiaries.