Select Committee on Agriculture Appendices to the Minutes of Evidence


Annex

No. 1336 Act on the Procedure to Follow When Performing Duties in Support of Rural Industries

ISSUED IN HELSINKI THE 18 OF DECEMBER 1992

  In accordance with the Resolution of the Parliament, the following is enacted:

1.   Scope of application

  (29.12.1994/1514)

  This Act is applied to supports, compensations, remunerations and other aids referred to in 2 granted by the authorities from the funds of the State or the European Union unless separately otherwise laid down by an Act, by a Decree or by a Regulation passed on the grounds thereof.

2.   Authorities

  The Ministry of Agriculture and Forestry, the Information Centre of the Ministry of Agriculture and Forestry, the rural business districts and the rural business authorities of municipalities shall be responsible for implementing the duties laid down in this Act as well as connected monitoring and other duties.

  The rural business authority of a municipality shall refer to an organ, office holder and elected official referred to in 3 of the Act on Rural Industries Administration in Municipalities (1558/1991).

  The aforementioned duties referred to in subsection one which according to 27, paragraph 15 of the Act on the Autonomy of Aland (1144/1991) belong to legislative power of the country, are carried out in Aland by the provincial government and the local government or the rural business authorities of the municipality.

3.   Decision

  When the aid referred to in 1 is granted in accordance with the application, a letter sent to the applicant is regarded to be the decision of the aid granting authority.

  If the rural business authority or the rural business district has granted aid departing from the application or if it has rejected the application, the applicant receives as a decision an extract from the minutes or a separate decision.

  The decision referred to in subsection 2, may be made known to the applicant in a registered letter.

4.   Information from the tax authorities

  When the receiving of the aid depends on the applicant's and his/her spouse's or the estate's or the shareholder's income, wealth, farm or cattle size or other matter determining the aid, the tax authority shall give the necessary data from the taxation documents free of charge to the authorities referred to in this Act.

5.   Notification

  Concerning the notifying of the decision of the rural business authority, it is in force what is enacted in  4 of the Act on Sending Documents (233/66).

6.   Correction

  If the applicant has received less aid than what he/she should be entitled to or his/her application has been rejected without justification, the deciding authority may, if funds for this purpose are available, without separate application to correct their false decision.

  If the applicant receives more aid by virtue of the correction decision referred to in subsection 1 and if this happens for a reason irrespective of the applicant, the amount receiving more aid is paid a yearly interest of 9 per cent counted from the day, when the decision to pay the aid or to reject the application is done, until the day, which the correction decision referred to in subsection 1 is given. What is enacted in subsection 2, is also applied to the decision given on account of the appeal by virtue of which the applicant receives more aid. The paying of the interest is at this time decided by the authority of appeal.

7.   Recovery

  If the applicant has received more aid than referred to in this Act without justification or more than he/she could be entitled to, may the granting authority, without being prevented by the validity of the previous decision, to decide on the recovery of the excess amount or the amount granted without justification.

  The recovery may be performed according to the provisions of tax recovery proceedings. The recovery may also be performed so that the aid paid later on to the person in question by the same or some other authority referred to in 2 is reduced by the recovered amount.

  If aid or an excess amount is recovered from the beneficiary by virtue of subsection 1 without justification, interest may be ordered to be paid to the recovered amount. The interest is calculated according a 9 per cent yearly interest as from the day when the decision on the recovery of the unjustified or excess amount is made, or if the situation is as referred to in 4, as from the day the aid is paid. If the applicant when applying for the aid, has intentionally or out of gross negligence given insufficient, misleading or false information or document or has hidden information or a document, may the recovered amount be increased by no more than 20 per cent or, in a case of an extremely gross procedure, by no more than 100 per cent.

8.   Monitoring

  The aforesaid authorities referred to in 2 or their representatives shall have the right to inspect the beneficiary's book-keeping, production and processing plants, livestock buildings, storerooms, cultivations and other circumstances that are the prerequisites for granting and paying the aid. The applicant and the beneficiary of the aid shall be obliged to give the authorities all information, which is necessary in the monitoring of the prerequisites for receiving and paying the aid. From the request of the aforesaid authority referred to in subsection 1, everyone has to give for the monitoring laid down in this Act, that information which appear from the documents in his/her possession. However, the obligation to give information does not concern a matter from which the beneficiary by law has the right to refuse to testify otherwise than on the grounds that a business secret or a professional secret would be revealed.

  The Plant Production Inspection Centre, the National Veterinary and Food Research Institute and other institutions subordinate to the Ministry of Agriculture and Forestry as well as fishery associations referred to in 6 of Fishing Procedure Pricing Act (621/1975) may provide assistance in the monitoring in accordance with this Act as laid down in more detail when required by a Decree. The police shall provide executive assistance in the monitoring referred to in this article.

9.   Confidentiality

  The person who has while performing a duty in accordance with the provision of this Act gotten information about the financial standing of a private person or a community or business or professional secret, may not reveal it, unless the one, to whose benefit the confidentiality has been enacted, does not agree.

  What is laid down in subsection 1, does not prevent the giving of information to:

  1.  the prosecuting authority and the police for the solving of a crime;

  2.  the authority investigating the appeal in a matter in accordance of this Act; or

  3.  the authority which is authorised by some other Act to receive such information.

10.   Appealing

  The decision referred to in this Act made by the rural business authority of a municipality and the rural business district may be appealed by making a complaint about the decision of the rural business authority to the rural business district and about the decision of the rural business district to the Board of Appeal on Rural Industries operating under the Ministry of Agriculture and Forestry within 30 days as from the day when the appealing party has been informed of the decision. Also the decision in this matter referred to in this Act made by the Provincial Government of A©land is appealed to the Board of Appeal.

  A written petition of appeal may also be delivered to the authority whose decision is being appealed, and it shall send the written petition of appeal, the related documents and its own statement concerning the appeal to the appealing authorities.

  The decision of the Board of Appeal referred to in the aforementioned subsection 1, in the matter referred to 7 or 8 of this Act may be appealed to the Supreme Administrative Court in the order laid down in the Administrative Appeals Act (154/50).

  Other decisions given by the Board of Appeal in the matter referred to in this Act may be appealed only, if the Supreme Administrative Court grants a right of appeal. The permission may be granted only, if from the point of view of applying the law in other similar cases or because of the uniformity of the legal practice it is important to have the matter solved by the Supreme Administrative Court or if there is some other weighty reason for granting the right of appeal.

11.   Compensation to the municipality

  The costs caused to the municipality due to the carrying out of the duties referred to in this Act are compensated to the municipality in accordance with the provisions of the Act on State Subsidy to Municipalities (688/1982). The aforementioned cases referred to in 2, subsection 3, receive compensation, however, according to the grounds laid down by the Government.

  From the aforementioned funds granted by virtue of 1 may a compensation be granted to a municipality for the costs caused by the sending of decisions referred to in this Act as separately laid down with the decision of the Ministry of Agriculture and Forestry.

12.   (29.12.1994/1514) Payments

  The documents of the authorities concerning aid referred to in this Act are collected payment as separately laid down or enacted on collecting payments. The document given by the municipal rural business authorities and, insofar as it is not the decision of the authority in question which is appealed, the rural business district is cost-free.

13.   More detailed provisions

  More detailed provisions about the basis of distributing and granting State aid as well as the procedure shall be enacted by the Government unless otherwise laid down by an Act or by a Decree passed on the grounds thereof.

  Also the Ministry of Agriculture and Forestry may issue more detailed provisions about the basis of State aid distribution. As regards collecting, the provisions may, however, be given by the Information Centre of the Ministry of Agriculture and Forestry.

  (10.1.1997/39)

13(a)   The applying of the regulations to the employment and economic development centre

  What is laid down or enacted in this Act or under it concerning the Rural Business District, concerns the Employment and Economic Development Centre.

14.   Entry into force

  This Act shall enter into force 1 January 1993. With this Act the Act on the Management of the Distribution and Supervision of Agricultural Subsidies (88/1971) is repealed with later amendments.

15.   Transition provision

  The notification procedure of the decision made by payment receipt enacted in 2, subsection 1 of the Act on the Management of the Distribution and Supervision of Agricultural Subsidies may, however, be applied to notifications until the end of the year 1994.

  When another Act or Decree refers to the Act on the Management of the Distribution and Supervision of Agricultural Subsidies, the reference is regarded to concern this Act after the entry into force of this Act.

  The provisions of the repealed Act continue to be applied, however, with the exceptions referred to in 4, to matters, which are pending when this Act enters into force.

  (29.12.1994/1514) This Act shall enter into force on the date laid down by Decree.

  The Decree (1580/1994) on entry into force was issued 31.12.1994.

(10.1.1997/1993) This Act shall enter into force 1 September 1997.


 
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