In the Official Gazette (Part I) no. 837 of 15 September 2023 was published Government Decision (HG) 846/2023 on the approval of the Programme for the support of the production of vegetables grown in protected areas for the period 2023-2024 and for the modification of article 8 of HG no. 1569/2022 on the approval of the programme for the support of tomato production in protected areas for the year 2023.
The proposed de minimis aid scheme applies to the entire territory of Romania in the period 2023-2024, for the support of the production of vegetables grown in protected areas, as follows:
a) tomate – Solanum lycopersicum L;
b) Capsicum annuum L;
c) cucumbers – Cucumis sativus L;
d) string beans – Phaseolus vulgaris L;
e) lettuce – Lactuca sativa L;
f) spinach – Spinacea oleracea L;
g) green onions – Allium cepa L.
According to the new provisions, the aid scheme applies to enterprises/single enterprises active in the primary production of agricultural products to support the production of vegetables grown in protected areas.
The provisions of this scheme apply to enterprises/single enterprises for vegetable crops grown in protected areas as referred to in Article 2 respectively:
a) to agricultural producers who are natural persons holding a producer’s certificate issued under Law no. 145/2014 for the establishment of measures regulating the market of agricultural products, with subsequent amendments and additions, valid until 31 December 2024;
b) agricultural producers who are authorised natural persons, individual enterprises and family enterprises, established in accordance with the provisions of OUG 44/2008 on the conduct of economic activities by authorised natural persons, individual enterprises and family enterprises, approved with amendments and additions by Law no. 182/2016, with subsequent amendments and additions;
c) agricultural producers who are legal entities.
In order to be eligible for de minimis aid for the production of vegetables in protected areas, the beneficiaries mentioned above must cumulatively meet the following eligibility criteria:
a) to apply for the de minimis aid provided for in this Decision;
b) to use a total area of protected areas of at least 1,000 square metres, cultivated exclusively with one of the following crops: tomatoes, bell and/or long peppers and/or gooseberries, cucumbers, string beans, lettuce, spinach, green onions;
c) to mark the area referred to in paragraph b), in a visible place, with an indicator plate, on which is written “Program sustinere legume, period 2023-2024, beneficiary number …………………………………….., Directia pentru Agricultura a Judetului ………………../Municipiului Bucuresti”, with a minimum recommended size of 50 cm/70 cm;
d) to obtain the minimum yields corresponding to the vegetable crop;
e) to be registered in the Agricultural Register opened at the town halls in whose administrative-territorial radius are located the areas cultivated with vegetables in protected areas in 2023, respectively at the date of application;
f) to hold the Register of the treatments with plant protection products, according to the model provided in Annex no. 1, approved by the FOJ;
g) to provide proof of the minimum production achieved, by means of supporting documents depending on the form of organisation;
h) to obtain vegetables that do not exceed the maximum applicable content of pesticide residues, a condition that is verified in accordance with the provisions of Article 12, para. (3).
For the area referred to in paragraph b) a difference of -50 m2 resulting from the field verification of the area under vegetables is accepted.
The minimum yields referred to in paragraph d) are as follows:
a) 3,000 kg/1,000 m² for tomato cultivation;
b) 2,000 kg/1,000 m² for the cultivation of bell peppers and/or long peppers and/or gooseberries;
c) 4 000 kg/1 000 m2 for cucumber cultivation;
d) 1 500 kg/1 000 m2 for the cultivation of string beans;
e) 10,000 plants/1,000 m2 for lettuce growing;
f) 1,000 kg/1,000 m2 for spinach;
g) 100,000 bulbs/plants/1,000 m2 for green onions.
The exploitation of the production referred to in paragraph d) shall take place between 20 October 2023 and 31 January 2024 inclusive.
Proof of the production of vegetables grown in protected areas as provided for in paragraph 2 shall be furnished, para. (3) shall be a copy of the daily closure tax reports/invoice/rows/files from the marketing book for the vegetables covered by the programme.
The amount of financial support granted under the de minimis aid scheme shall be expressed as a subsidy according to Article 3 para. (3). (6) of the de minimis Regulation in the agricultural sector, and is granted to beneficiaries who meet the above conditions.
The financial support of de minimis aid is a maximum of 1.000 euro inclusive/1.000 sqm/beneficiary.
The maximum amount of financial support provided for in the previous paragraph shall be granted in lei, at the exchange rate of 4.9490 lei, set by the European Central Bank on 29 September 2022, published in the Official Journal of the European Union (OJEU), C series, No 379 of 3 October 2022, for the de minimis aid scheme provided for in Article 4(4). (1), under the conditions laid down in Article 5.
The total amount of de minimis aid to be granted to an enterprise/single enterprise may not exceed EUR 20,000 over any period of three financial years, during the current financial year, i.e. the year of submission of the application for the programme and the two previous financial years, as referred to in Article 3(3). (2) of the de minimis Regulation in the agricultural sector.
Please note that the de minimis aid amounts will be paid to beneficiaries starting from 26 February 2024.
The beneficiaries mentioned above may apply for the de minimis aid at the County Agricultural Directorate (DAJ) within 20 days from the date of entry into force of this decision, through an application whose model is provided in Annex no. 2 contained in GD 846/2023.
Upon submission of the application, the persons in charge of receiving applications within the DAJ, in the presence of the potential beneficiaries, shall verify the amounts remaining and potentially to be received under this de minimis aid scheme, resulting from the sum of the de minimis aid received during three financial years, namely the aid granted in the two previous financial years and in the financial year in question, and up to the amount of 20,000 euro, according to Article 3, para. (2) of the de minimis Regulation in the agricultural sector.
After the mentioned verification, the beneficiaries complete and submit the application accompanied by the following documents:
a) copy of the applicant’s ID card or of the legal representative if the application is submitted through a legal representative/ authorised representative;
b) copy of the producer’s certificate valid until 31 December 2024;
c) power of attorney/notarised power of attorney and a copy of the B.I./C.I. of a representative, if applicable;
d) a copy of the certificate of registration with the National Trade Register Office/National Register of Associations and Foundations or of the act on the basis of which it carries out its activity;
e) proof of active bank/treasury account;
f) certificate, in original, from the Agricultural Register, according to the entries for the year 2023, certifying the area of land with protected areas used by the applicant on the basis of any legal act conferring the right to use the land in question.
The application, accompanied by the above documents, may also be submitted to the DAJ by electronic means and/or post/ courier.
Documents submitted by electronic means must be signed and dated, and copies must be certified “true to original” by the applicant.
In case the applicant uses areas of land with vegetable crops cultivated in protected areas located in different counties/UTs, he/she will formulate and submit one single application to the DAJ where he/she has the largest cultivated area.
After the end of the application period, the DAJ forwards to the OFJ the list of potential beneficiaries of the de minimis aid scheme in order to carry out official controls, including sampling to determine the maximum applicable pesticide residue levels in vegetables.
After the end of the registration period for all applications, the DAJ shall request APIA to appoint a representative in order to set up a joint team to establish the cultivated areas and evaluate the vegetable production referred to in Article 2.
The Executive Director of the DAJ appoints by decision a team composed of a DAJ representative, who, together with the APIA representative, shall go to the field to establish the cultivated area and to evaluate the vegetable production before harvesting, on the basis of the written notification sent to the DAJ by the beneficiaries about the start of harvesting.
Beneficiaries are required to submit written notification at least 10 days before harvesting the vegetables by e-mail, fax or post.
The teams mentioned above establish the cultivated areas and evaluate the vegetable production before harvesting, based on the written notification sent to the DAJ by the beneficiaries, draw up the form for establishing the cultivated area and for evaluating the vegetable production before harvesting, the model of which is provided in Annex no. 4, being directly responsible for the veracity of the verifications.
In the form, the teams shall indicate whether the estimated production can reach maturity by the maximum date laid down in Article 5(5). (4) – the period from 20 October 2023 to 31 January 2024 inclusive.
Field checks to establish the areas cultivated and assess vegetable production are carried out in a single stage on the basis of the operational procedure drawn up by the structure responsible for technical inspections within the Ministry of Agriculture and Rural Development.
Control of compliance with the rules on the use of plant protection products is carried out by phytosanitary inspectors who are responsible for carrying out official controls and other official activities.
The designated officers of the DAJ, after completion of all eligibility checks, shall draw up the centralized situation of the beneficiaries of the de minimis aid, according to the model provided in Annex no. 5, and send it to the Directorate General for Budget and European Funds of the Ministry of Agriculture and Rural Development by 16 February 2024 inclusive.
The designated officials from DAJ, respectively from Bucharest municipality, fill in the single register for accessing the programme the de minimis aid due to each beneficiary.
DAJ transfers the amounts due to the beneficiaries’ accounts, according to the legislation in force.
The single register for accessing the programme, as well as the documentation submitted for accessing the programme are kept at the DAJ for a period of 10 fiscal years from the date on which the de minimis aid was paid.
The DAJ publishes on the institution’s website the list of beneficiaries of de minimis aid and the amounts granted according to this decision.
The de minimis aid granted under this decision shall be taken into account for deduction from any future de minimis aid scheme.
The de minimis aid provided for in this Decision shall not be granted to applicants whose area of vegetable crops in protected areas is obtained by dividing an area of protected areas after the date of entry into force of this Decision, irrespective of the method of transfer of the area, with the exception of inheritance and sales contracts registered in the agricultural register.
Legal basis:
– Government Decision (HG) no. 846/2023 on the approval of the Programme to support the production of vegetables grown in protected areas for the period 2023-2024 and to amend Article 8 of Government Decision no. 1.569/2022 on the approval of the Programme to support the production of tomatoes in protected areas for the year 2023;
– OUG 44/2008 on the conduct of economic activities by authorised natural persons, individual enterprises and family enterprises;
– Law 145/2014 for the establishment of measures to regulate the market of agricultural products.