368. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on direct payments under the common agricultural policy (direct payments regulation 2015)

On the basis of § § 8 (2), 22 and 28 of the Law on the Market Order 2007 (MOG 2007), BGBl. I n ° 55/2007, as last amended by the Federal Law BGBl. I No 47/2014, shall be arranged:

Section 1

General provisions

Scope

§ 1. (1) This Regulation shall serve the purpose of:

1.		of Regulation (EU) No 1307/2013 laying down rules for direct payments to farmers under support schemes of the common agricultural policy and repealing Regulation (EC) No 637/2008 and Regulation (EC) No 1307/2013 73/2009, OJ No. OJ L 347, 20.12.2013 p. 608,
2.		the delegated regulation (EU) No 639/2014 supplementing Regulation (EU) No 1307/2013 laying down rules for direct payments to farmers under support schemes for the common agricultural policy and amending the Annex X to the above Regulation, OJ L 327, No. OJ L 181 of 20.06.2014 p. 1 and
3.		Implementing Regulation (EU) No 641/2014 laying down detailed rules for the application of Regulation (EU) No 1307/2013 laying down rules for direct payments to farmers under support schemes of the common agricultural policy, 1. No. OJ L 181 of 20.06.2014 p. 74.

(2) This Regulation shall be used for

1.		the basic premium,
2.		the payment of agricultural land management methods ("Greening-payment"),
3.		the payment for young farmers,
4.		the optional coupled support in the case of grazing of alms and
5.		the payment to small producers.

Minimum requirements for land management

§ 2. Agricultural land must have at least one greening over the vegetation period. They shall be kept in a satisfactory agronomic condition by means of maintenance measures carried out annually, at the latest every second year in the case of mountain mowers, and shall be kept in a satisfactory state of agronomic condition, unless, on the basis of: nature protection requirements or other contractual programmes or project-oriented agreements, a different approach is provided for.

Low forest with short drive

§ 3. Fast-growing forest timber in the short-circulation system according to Art. 4 para. 1 lit. k of Regulation (EU) No 1307/2013 are the key deciduous trees of the species of willow (Salix sp.), poplar (Populus sp.), robinia (Robinia pseudacacia), grayerle (alnus incana), black (alnus glutinosa), ash (Fraxinus) and birch (Betula sp.), which can be farmed in short rebates of up to 20 years.

Proof of active farmer

§ 4. Evidence provided by persons referred to in Article 9 (2) of Regulation (EU) No 1307/2013 that their agricultural activity is not insignificant shall be based on the income shown in the tax review of the last available tax year. agriculture.

Section 2

Basic premium scheme

Initial allocation of payment entitlements

§ 5. (1) Other suitable evidence on the evidence of agricultural activity in accordance with Section 8a (1) (2) of the MOG 2007

1.		the harvest and production report for wine of the year 2013,
2.		Evidence that a marketing of agricultural products or kept animals produced on self-managed land in 2013, including animal products derived from them, is traceable, or
3.		The report was sent to the farmers ' social security institution for the management of agricultural land in 2013.

(2) Almen and Hutweiden, which are to be considered for the allocation of payment entitlements in accordance with Section 8a (2) of the MOG 2007, are in accordance with the "Alm" or "Alm" in the application year 2013 respectively. "Hutweide" should be used for use.

(3) If, due to a case of force majeure or exceptional circumstances, the direct payments of a farmer in 2014 are at least 15% and € 500 lower than the direct payments of the year 2013 or the year before the occurrence of the case force majeure or exceptional circumstances, the original unit value (Section 8a (5) of the MOG 2007) shall be based on the direct payments made by the farmer in question in 2013 or the year before the occurrence of force majeure; or of exceptional circumstances.

(4) With the sale or lease of an establishment or Operating parts prior to May 15, 2015, the payment claims to be assigned to the sold or leased operation (steep) can be transferred to the buyer or tenant ("private contract clause"). In this case, the buyer or tenant requests by means of a form made available by the agricultural market Austria (AMA), which also shows the agreement of the seller or guardian, the allocation of the data from the private Contract clause included payment entitlements.

Allocation of payment entitlements from the national reserve

§ 6. (1) The allocation of payment entitlements from the national reserve shall be requested by means of a form made available by AMA no later than 15 May of the application year concerned.

(2) Young farmers who fulfil the conditions laid down in Article 50 (1) of Regulation (EU) No 1307/2013 in conjunction with Article 12 of this Regulation shall apply for an allocation in the context of the payment for young farmers.

(3) The farmers referred to in Section 8b (3) (3) (1) of the MOG (2007) shall apply for a multiple application, which immediately follows the removal of the force majeure or exceptional circumstances.

(4) The number of payment entitlements to be allocated shall be equal to the extent of the eligible area above the number of available payment entitlements.

Transfer of payment entitlements

§ 7. (1) Applications for the transfer of payment entitlements shall be indicated between 16 September and 15 May of the respective application year, with effect for the beginning of the application year, by means of a form made available by the AMA.

(2) The ad shall contain in particular:

1.		the number of payment entitlements covered by the transfer;
2.		the type of transmission,
3.		an indication as to whether a transfer of payment entitlements in connection with an area eligible for aid or, where appropriate, only with regard to the remaining payment entitlements, takes the form of a transfer without a surface area; and
4.		Information on the identity of the transferor of the holder and of the holder of the holding and of their electronic identifiers or signatures.

(3) The number of payment entitlements to be announced in accordance with paragraph 2 (2) (1) shall be transferred after the following series of awards:

1.		the payment entitlements for the first time allocated to the transferee in 2015,
2.		the payment entitlements allocated to the transferee from the national reserve, and
3.		Payment entitlements purchased by the transferee with a rising value.

(4) In the case of a transfer which deviates from the series referred to in paragraph 3, the transferee and the acquiring holder have to identify the payment entitlements to be transferred separately (manual transmission).

(5) Transfers of payment entitlements within the framework of operational transfers are possible at any time using the form provided by the AMA for this purpose. The deadline for notification in accordance with § 4 of the Horizontal CAP Regulation is to be observed.

Force majeure or exceptional circumstances

§ 8. (1) In addition to the cases of force majeure or exceptional circumstances, in addition to the cases referred to in Article 2 (2) of Regulation (EU) No 1306/2013 on the financing, administration and control system of the common agricultural policy and repealing the Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008, OJ L 378, 31.12.2005, p. No. OJ L 347, 20.12.2013 p. 549, in particular cases and circumstances

1.		the permanent assignment of at least 0.3 ha of eligible land to the public sector, or
2.		the temporary basic use of at least 0.3 ha of eligible area in the public interest
shall be recognised.

(2) The existence of a case of force majeure or exceptional circumstances shall be asserted by means of a form made available by the AMA and shall be substantiated by appropriate documents.

Section 3

Greening Payment

Permanent pasture

§ 9. (1) The following types of habitat as defined in Annex I to Directive 92/43/EEC on the conservation of natural habitats and of the environment sensitive permanent pasture, which may not be broken down pursuant to Article 45 (1) of Regulation (EU) No 1307/2013, shall be considered as an environmentally sensitive permanent pasture which is not to be broken down by the environment. wild fauna and flora, OJ L 327, 22.7. No. OJ L 206, 22.7.1992, p. 7.

1.		1530 (pannonian steppes and salt marshes)
2.		2340 (Pannonian Binnendünen)
3.		5130 (formations of Juniperus communis on limestone and grasslands)
4.		6130 (heavy metal lawn)
5.		6170 (alpine and subalpine limestone grasslands)
6.		6210 (Verbuschungsstadien-Festuco-Brometalia)
7.		6230 (species-rich montane borstgrass grasslands on silicate soils)
8.		6240 (subpannonian steppe-dry lawn)
9.		6250 (subpannonian steppe-dry grasslands on loess)
10.		6260 (pannonian steppes on sand)
11.		6410 (Pfeifengraswiesen)
12.		6440 (Brenndolden-Auenwiesen)
13.		6510 (lean lowland mowing meadows)
14.		6520 (mountain mowing meadows)
15.		7230 (calcareous Lower Moors)

(2) If the share of permanent pasture has decreased by 4%, the AMA shall inform the Commission up to 31. On the homepage of the AMA in October. Any farmer who wishes to apply for arable land in the next calendar year shall be required to obtain the permanent pasture consent prior to the start of the upheave at AMA.

(3) If the share of permanent pasture has decreased by more than 5%, the areas on which permanent pasture has been converted for other uses over the last two years shall be converted back into permanent pasture. The AMA shall inform the farmers who have such land from the obligation to restore the permanent pasture.

Land use in environmental interest

§ 10. (1) Areas used in the environmental interest pursuant to Article 46 of Regulation (EU) No 1307/2013 ('ecological suburb ') shall be regarded as:

1.		land lying braied in accordance with paragraph 2,
2.		in the context of cross compliance protected landscape elements (§ 15 para. 1 Z 4 Horizontal GAP Regulation),
3.		Areas with a low-forest with short-circulation in accordance with paragraph 3,
4.		areas with intermediate fruits in accordance with paragraph 4; and
5.		Areas with nitrogen-binding plants in accordance with paragraph 5.

(2) The minimum land management requirements referred to in § 2 shall be complied with on brachless areas. An upheaval before 31 August is permissible only for the cultivation of a winter.

(3) The local trees which can be used for Niederwald with short-circulation are species of willow (Salix sp.), poplar (Populus sp.), grey erle (Alnus incana), black-and-white (Alnus glutinosa), ash (Fraxinus) and birch (Betula sp.). The use of plant protection products shall be permitted in the year of the new installation or the neuaustriebit after use has been made.

(4) For areas with intermediate fruits, the following provisions shall be complied with:

1.		When sowing a bee mixture of at least five insect-blooded mixing partners or sowing of at least three different mixing partners, the plant shall be made no later than 31 July of the application year and shall be subject to change at the earliest on 15. October of the application year, provided that winter grain is grown in the autumn.
2.		If the sowing of at least three different mixing partners is carried out no later than 20 August of the application year, the break-up must be carried out at the earliest on 15 November of the application year.
3.		If the sowing of at least three different mixing partners is carried out no later than 31 August of the application year, the upheaval must be carried out at the earliest on 15 February of the following year.
4.		If the sowing of at least two different mixing partners is carried out no later than 20 September of the application year, the upheaval must be carried out at the earliest on 1 March of the following year.
The botanical type of a plant is considered as a mixture.

(5) As nitrogen-binding plants,

1.		Field beans, excluding cultivation as field vegetables,
2.		Bitterlupines,
3.		Chickpeas,
4.		Peas,
5.		Kleearths,
6.		Lenses,
7.		Lucerne,
8.		Platterbsen,
9.		Soybeans,
10.		Summer wigs,
11.		Sweet lupines,
12.		Winter wigs or
13.		a mixture of these plants
will be cultivated. In order to reduce the risk of increased nitrogen reserves, after the cultivation of nitrogen-binding plants, suitable production-technical measures, such as the cultivation of a non-alloyed winter as a post-crop or the cultivation of a non-alloyed plant, are suitable. Intermediate crop culture without any legume components. The site is to be selected in compliance with the provisions of the legislation on water protection and conservation areas.

Equivalent methods

§ 11. (1) The method equivalent to crop diversification in accordance with Article 44 of Regulation (EU) No 1307/2013 is the observance of crop rotation conditions on arable land within the framework of the species ' environment-friendly and bio-diversity-promoting management (01) " within the framework of the agri-environmental and climate measures in accordance with the Austrian Programme for Rural Development 2014-2020.

(2) The equivalent method of land use in environmental interest according to Article 46 of Regulation (EU) No 1307/2013 is the installation of biodiversity areas on arable land within the framework of the project type " Environment-friendly and bio-diversity-promoting Management (01) " within the framework of agri-environmental and climate measures in accordance with the Austrian Programme for Rural Development 2014-2020.

Section 4

Rules on other payments

Payment for young farmers

§ 12. Young farmers applying for payment in accordance with Article 50 of Regulation (EU) No 1307/2013 must, no later than two years after the start of the agricultural activity, a skilled worker's examination or a skilled worker who is responsible for the management of the holding. relevant higher education.

Facultative coupled support

§ 13. (1) The optional coupled support may be granted only to those bovine, ovine and caprine animals which have been sold on the farms and which, in accordance with Regulation (EC) No 1760/2000 establishing a system for the identification and registration of bovine animals and on the labelling of beef and beef products and repealing Regulation (EC) No 820/97, OJ L 327, 31.12.1997, p. No. OJ L 204, 11.08.2000, p. 1, , in accordance with Regulation (EC) No 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64 /432/EEC, OJ L 327, 30.12.2004, p. No. OJ L 5 of 09.01.2004 p. 8, marked and registered. However, an animal shall be deemed to be eligible for the premium if the information referred to in the second indent of Article 7 (1) of Regulation (EC) No 1760/2000 has been communicated on the first day of the animal's Alpung in the Alpine region.

(2) The optional coupled support shall be provided by the farmer with the submission of the multiple application area and the Almauftrieblist in accordance with Article 22 (5) of the Horizontal CAP Regulation as well as for bovine animals in conjunction with the information from the Electronic database for bovine animals relating to pasture/grazing according to Article 2 of Decision 2001 /672/EC laying down specific rules for the grazing of bovine animals in the event of lift to the summer pasture in mountainous areas, OJ L 206, 22.7.2001, p. No. OJ No L 235, 04.09.2001, p. 23.

(3) The number applicable to the granting of the optional coupled support shall be determined on the basis of the animals of the respective farmer who are alpine in accordance with the reference date of 15 July.

(4) The animals must be allied for at least 60 days. The duration of the alpine pastures begins with the day of the lift, but not more than 15 days before the pasture/grazing notification for cattle or cattle. the Almauftrieblist. The day of the Almabtriebs is not taken into account during the Alpine period. Alms are to be understood as the areas of an alpine pasture registered in the Almkataster in the multi-application area of the relevant calendar year under the use of "Alm".

(5) The calculation of the age of the displaced animals shall take place on the cut-off date of 1 July of the calendar year concerned. As ewes or Mother-goats apply to female animals which are at least 1 year old on this date.

(6) The number of RGVE eligible for the respective application year shall not exceed the following limits:

1.		for cows							124 714 RGVE
2.		in other bovine animals							149 262 RGVE
3.		in the case of ewes and mother-goats							12 871 RGVE
4.		in the case of other sheep and goats							3 153 RGVE

Small-scale production

§ 14. The AMA has until 30 September 2015 to submit an estimate of the payment amount to all farmers who are expected to receive up to € 1 500 in direct payments in the 2015 application year.

Section 5

Common provisions

Retention duties

§ 15. (1) The farmer shall have the documents he has left in his capacity as proof of the existence of a hardship case or exceptional circumstance or other documents relating to the calculation and fixing of payment entitlements and the To keep the payment of direct payments with the care of a proper entreprenter.

(2) The farmer shall have the application and authorization documents, the inventories and all other supporting documents for the award of the premium with the care of a regular entrepru storage.

(3) The retention period shall be four years from the end of the calendar year to which they relate, unless longer retention periods exist in accordance with other provisions.

Final provisions

§ 16. (1) This Regulation shall enter into force 1. Jänner 2015 in force.

(2) The entry into force of this Regulation shall be subject to the entry into force of this Regulation, BGBl. II No 491/2009, except for force. However, it shall continue to apply to situations which have been carried out up to and including the application year 2014.

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