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