368. Regulation of the Federal Minister for agriculture and forestry, environment and water management of direct payments under the common agricultural policy (Direktzahlungs regulation 2015)
On the basis of §§ 8 par. 2, 22 and 28 of the market organisation Act 2007 (MOG 2007), Federal Law Gazette I no. 55/2007, last amended by Federal Law Gazette I no. 47/2014, is prescribed:
General terms and conditions
Scope of application
§ 1 (1) this regulation is used carry out 1 of the Regulation (EU) No. of 1307/2013 with rules on direct payments to holders of farms within the scope of support schemes in the common agricultural policy and repealing Regulation (EC) No 637/2008 and Regulation (EC) No 73/2009, OJ No. L 347 of the 20.12.2013 S. 608, 2. the delegated Regulation (EU) No. 639/2014 to supplement the Regulation (EU) No. of 1307/2013 with rules on direct payments to holders of farms within the framework of the common agricultural policy support schemes and amending Annex X to that regulation, OJ No. L 181 of the 20.06.2014 p. 1 and 3 of the implementing Regulation (EU) No. 641/2014 laying down detailed rules for the application of Regulation (EU) No. of 1307/2013 with rules on direct payments to holders of farms within the scope of support schemes in the common agricultural policy, OJ No. L 181 of the 20.06.2014 p. 74.
(2) this regulation serves the purpose of the granting 1 the basic premium, 2. the payment for the climate and environmental protection beneficial land management practices ('greening payment"), 3 the payment for young farmers, 4. Optional coupled support for grazing of Alps as well as 5 the payment to small producers.
Minimum requirements for land management
§ 2. agricultural land must have at least a green over the growing season. You are through annually, at Bergmähdern no later than every other year, performed care under forestalling an overgrown to get forestation or Desertification in a satisfactory agronomic condition, unless on the basis of nature-protection requirements or in the framework of project-oriented agreements or other contractual programs provided a different approach.
Niederwald with short rotation
§ 3 Schnellwüchsige forestry gehoelze in the short rotation in accordance with article 4 paragraph 1, lit. k of Regulation (EU) No. 1307/2013 are rash enabled deciduous trees of the species of willow (Salix SP.), poplar (Populus SP.), black locust (Robinia pseudacacia) gray Alder (Alnus incana), Black Alder (Alnus glutinosa), ash (Fraxinus) and Birch (Betula SP.), cultivated in short rotation periods up to 20 years can be.
Proof of active holders
§ 4. The proof by in article 9 paragraph 2 of the Regulation (EU) No. 1307/2013 persons, that their farming activity is not negligible, is to lead on the basis of the income reported in the tax assessment of the last tax year available from agriculture.
Based payment scheme
Initial allocation of payment entitlements
5. (1) other appropriate evidence to the proof of the agricultural activity referred to in section 8a, paragraph 1 Z 2 MOG 2007 are the harvesting and production reporting for wine of the year 2013 1, 2. a marketing of agricultural products produced on even farmed land or held animals including animal products derived from it in the year 2013 under is understandable documents, enabling, or 3 which was message to the social insurance institution of the farmers concerning the management of agricultural land in 2013.
(2) Alpine meadows and pasture which are 2007 to account for the allocation of payment entitlements referred to in section 8a, paragraph 2 MOG, are according to the application year 2013 as "Meadow" or "Pasture" proposed use to be classified.
(3) a farmer direct payments are due to a case of force majeure or exceptional circumstances in 2014 by at least 15% and €500 lower than the direct payments of 2013 or the year before of the case of force majeure or exceptional circumstances, the original unit value (§ 8a para 5 MOG 2007) on the basis of the direct payments concerned farmers has received in the year 2013, or in the year preceding the occurrence of the case of force majeure or exceptional circumstances will be , determined.
(4) with the sale or the lease of an operation or part before May 15, 2015 to be allocated payment entitlements corresponding to the sold or rented Betrieb(steil) can be transferred the buyer or tenant ("private contractual clause"). In this case, the buyer or lessee by means of a form made available by the Agrarmarkt Austria (AMA), also the consent of the seller or lessor can be seen in the, the allocation of payment entitlements covered by the private contract clause applied for.
Allocation of payment entitlements from the national reserve
Section 6 (1) is by means of a form made available by the AMA no later than 15 May of the year of application to apply for the allocation of payment entitlements from the national reserve.
(2) young farmers, the conditions according to art. 50 para. 1 of the Regulation (EU) No. 1307/2013 in connection with article 12 of this regulation meet, have to apply for an assignment in the context of payment for young farmers.
(3) in section 8B para 3 Z 1 MOG 2007 mentioned holder have the assignment with the multiple applications, immediately following the Elimination of force majeure or in exceptional circumstances, to apply for.
(4) the number of payment entitlements to be allocated corresponds to the amount of eligible area, which exceeds the number of available payment entitlements.
Transfer of payment entitlements
Requests for transfer of payment entitlements are § 7 (1) to display between 16 September and 15 May of each year of application with efficacy for the starting year of application by means of a form made available by the AMA.
(2) the display shall in particular contain: 1 the number of payment entitlements covered by the transfer, 2. the type of transfer, 3. indicating whether a transfer of payment entitlements in connection with an eligible area or - if necessary only with regard to the remaining payment claims - in the form of a transfer without surface occurs and 4. information about the identity of the transferor and of the transferee holder whose electronic identifiers and signatures.
(3) in accordance with paragraph 2 Z 1 to specify number of payment entitlements according to the following second transmitted: 1. payment entitlements in the year 2015, for the first time assigned to the transferring farmer, 2. the transferor farmer from payment entitlements allocated to the national reserve and 3. purchased by the transferring holder payment claims with increasing value.
(4) for transfer of different from the arrangement in accordance with paragraph 3, the transferor and the transferee holder have separated the payment entitlements to be transferred to label (manual transmission).
(5) transfers of payment entitlements within the framework of operation transfers are possible at any time using the standard form, exposed by the AMA. The time limit for the display in accordance with § 4 of the horizontal regulation of the CAP is to observe.
Force majeure or exceptional circumstances
Section 8 (1) as cases of force majeure or exceptional circumstances can in addition to the in article 2 paragraph 2 of Regulation (EU) No. 1306 / 2013 over the financing, management and the control system of the common agricultural policy and repealing 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 No. L 347 of the 20.12.2013 S. 549, cases referred to and circumstances including 1 the permanent assignment temporary recourse to reason recognised by at least 0.3 hectares of eligible public or 2 at least 0.3 hectare of eligible area in the public interest.
(2) the existence of a case of force majeure or exceptional circumstances is to claim by means of a form made available by the AMA and to demonstrate by appropriate documentation.
9. (1) as are environmental sensitive permanent grassland that para 1 of the Regulation (EU) No. 1307/2013 not may be wrapped in accordance with article 45, following habitat types listed in annex I of to Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, OJ No. L 206 of the 22.7.1992 p. 7, to look at: 1. 1530 (pannonic steppes and salt marshes) 2nd 2340 (pannonic Inland dunes) 3. 5130 (formations of Juniperus communis on heaths or calcareous grasslands) 4. 6130 (heavy metal lawn) 5 6170 (alpine and subalpine calcareous lawn) 6 6210 (scrubland - Festuco-Brometalia) 7 6230 (rich montane swards on silicate grounds) 8 6240 (sub pannonische-grasslands) 9 6250 (sub pannonische-grasslands on the Löss) 10 6260 (pannonic sand steppes) 11 6410 (purple Moor grass meadows) 12 6440 (burning umbels floodplain meadows) 13 6510 (lean lowland hay meadows) 14 6520 (mountain hay meadows) 15 7230 (calcareous FENS)
(2) has decreased the proportion of permanent grassland by 4%, informed until 31 October on the homepage of the AMA in the AMA. Any farmer who wants to apply for in the next following calendar year on old permanent pasture farmland, has to obtain the approval for the permanent grassland break before making the break at the AMA.
(3) has decreased the proportion of permanent pasture by more than 5%, so the areas where in the past two years, permanent grassland was wrapped for other uses, are back in permanent pasture to convert. The AMA informed the farmers that have such surfaces, from the obligation to restore the permanent grassland.
Land use of environmental interest
§ 10 (1) as are environmental interest in accordance with article 46 of Regulation (EU) No. 1307/2013-used surfaces ("ecological priority areas") to see: 1. fallow land referred to in paragraph 2, 2. landscape elements protected in the context of cross-compliance (article 15, paragraph 1 Z 4 horizontal cap regulation), 3 areas with short rotation coppice pursuant to par. 3, 4 areas with intercropping in accordance with paragraph 4 and 5 areas with nitrogen-binding plant in accordance with paragraph 5.
(2) on the surfaces, the minimum requirements for the land management according to § 2 must be observed. A break is permitted only to the cultivation of a wintering before August 31.
(3) the woody species usable for Niederwald with short rotation are species of willow (Salix SP.), poplar (Populus SP.), grey Alder (Alnus incana), Black Alder (Alnus glutinosa), ash (Fraxinus) and Birch (Betula sp.). The use of plant protection products is allowed in the year of the new system or the new austriebes after the use.
(4) for areas with intercropping are to comply with the following provisions: 1. when sowing a bee blend of at least five insect-flowered mix partners or a sowing of at least three different mix partners has the facility no later than on 31 July of the year of application to be carried out and the break allowed at the earliest on October 15 of the year of application, where winter wheat is grown below autumn.
2. the sowing of at least three different mix partners takes place at the latest on 20 August of the year of application, the break must be at the earliest on November 15 of the year of application.
3. the sowing of at least three different mix partners is made at the latest on 31 August of the year of application, the break must be at the earliest on 15 February of the following year.
4. sowing by at least two different partners of mixture is carried out at the latest on 20 September of the year of application, the break must be at the earliest on 1 March of the following year.
The botanical species of a plant considered mixture type.
(5) as nitrogen plants 1 - except growing field vegetables - beans, 2. bitter lupins, 3. chick peas, 4. peas, 5 species of clover, 6 lenses, 7 alfalfa, 8 chickling, 9 soybeans, 10 summer vetches, 11 sweet lupins, 12 can be grown a mixture of these plants winter vetches or 13. To reduce the risk of increased nitrogen supplies appropriate technological measures to put wintering than for fruit or the cultivation of a catch crop culture without leguminous components, such as, for example, growing a non-legumes are according to the cultivation of the nitrogen-binding plants. The Anbaustandort is in compliance with the national regulations for water protection and sanctuaries.
11. (1) the growing diversification in accordance with article 44 of Regulation (EU) No. of 1307/2013 equivalent method is crop rotation compliance on plots of land within the framework of the project type 'Remanufacturing and biodiversitätsfördernde management (01)' in the context of agri-environmental and climate change measures in accordance with the Austrian programme for rural development in 2014-2020.
(2) the land use of environmental interest in accordance with article 46 of Regulation (EU) No. of 1307/2013 equivalent method is the system of Biodiversitätsflächen on plots of land within the framework of the project type "Environmentally and biodiversitätsfördernde management (01)" in the context of agri-environmental and climate change measures in accordance with the Austrian programme for rural development 2014-2020.
Rules for other payments
Payment for young farmers
§ 12 young farmers, no. 1307/2013 requesting the payment in accordance with article 50 of Regulation (EU), must demonstrate a skilled workers review appropriate for the management of the establishment or a relevant higher education no later than two years after the recording of agricultural activity.
Optional coupled support
Section 13 (1) can the optional coupled support only for those cattle driven on Alpine pastures, sheep and goats granted are, in accordance with Regulation (EC) No 1760/2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Regulation (EC) No 820/97, OJ No. L 204 of the 11.08.2000 S. 1, or pursuant to 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 No. L 5 of the 09.01.2004 p.8, are identified and registered. An animal but shall also be deemed capable of premium if the indications referred to in article 7 para 1 second indent of Regulation (EC) No. 1760/2000 on the first day of the Summering of concerned animal have been provided.
(2) the optional coupled support is by the farmer with the submission of multiple application areas and the Alpine lift list according to section 22 para. 5 of the horizontal regulation of the CAP, as well as for cattle in connection with the information from the electronic database for bovine animals on the Alm/pasture messages in accordance with article 2 of decision 2001/672/EC with special rules for the grazing of cattle in the case of buoyancy on the summer grazing in mountain areas , OJ No. L 235 of 04.09.2001, S. 23, requested.
(3) the relevant for the granting of coupled support of optional number is determined by the animals of the respective holder gealpten the date of July 15.
(4) the animals must be gealpt at least 60 days. The Summering period starts with the day of buoyancy, but not more than 15 days prior to placing the Meadow/Pasture message for cattle or pasture buoyancy list. The day of the transhumance is not included in the Summering period. As Alpine meadows, you are in the multiple application areas of the calendar year in question using the "Alm" to understand pending surfaces of an Alm registered in the cadastre of Alm.
(5) the calculation of the age of animals driven to takes place on the date of July 1 of the calendar year in question. Females that are at least 1 year old as of this date are considered ewes or she-goats.
(6) the number of the application year eligible RGVE must not exceed the following upper limits: 1. cows 124 714 RGVE 2 in other cattle 149 262 RGVE 3 ewes and she-goats 12 871 RGVE 4 at other sheep and goats 3 153 RGVE small producer regulation
§ 14. The AMA has all farmers received in the application year 2015 is expected to up to €1 500 direct payments until September 30, 2015, to provide an estimate of the amount of the payment.
Section 15 (1) the holder has his remaining documents, which he has led as proof of the existence of a hardness falls or extraordinary circumstance, or other relevant for the calculation and establishment of payment entitlements, as well as the granting of direct payments receipts with the care of an ordinary entrepreneur to preserve that.
(2) the State-sponsored farmer has the application remaining in his and approval documents, keep the inventories, as well as all significant for the award granting other documents with the care of an ordinary entrepreneur.
(3) the retention period is, as far as four years from the end of the calendar year to which they refer do not exist under other provisions long retention periods.
16. (1) effective this regulation with 1 January 2015.
(2) with the entry into force of this regulation occurs the Direktzahlungs regulation, Federal Law Gazette II No. 491/2009, override. It is still applicable on the facts, which is 2014 have carried out up to including of the application year.