271. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management for the implementation of temporary special support measures for producers of certain fruits and vegetables on the basis of the import barriers to Russia

On the basis of § § 9, 17 and 22 to 28 of the Market Order Act 2007 (MOG 2007), BGBl. I n ° 55, as last amended by the Federal Law BGBl. I No 47/2014, shall be arranged:

Scope

§ 1. The provisions of this Regulation shall be implemented

1.		of Regulation (EU) No 1308/2013 on the common organisation of the market in agricultural products and repealing Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, OJ L 327, 31.12.2007, p. OJ L 347, 20.12.2013 p. 671,
2.		Implementing Regulation (EU) No 543/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetable and processed fruit and vegetables sectors, OJ L 327, 31.12.2007, p. No. OJ L 157, 15.06.2011 p. 1 and
3.		the delegated Regulation (EU) No 932/2014 with temporary special support measures for producers of certain fruit and vegetables and amending the delegated regulation (EU) No 931/2014, OJ L 327, 31.12.2014, p. No. OJ L 259, 30.08.2014 p.

Responsibility

§ 2. The market regulation and intervention agency "Agrarmarkt Austria" (AMA) shall be responsible for the implementation of this Regulation and the legislation referred to in § 1, unless the Federal Minister of Land and State has provided other provisions for the implementation of this Regulation. Forestry, the environment and water management.

Message

§ 3. (1) The notification of the measures referred to in this Regulation shall be submitted to the AMA by means of forms which are issued by the AMA.

(2) The notification shall contain the following information:

a)			the nature of the measure (withdrawal of the market, harvest before maturation or non-harvest);
b)			Type of production (fruit and vegetables from Freiland or from glass house);
c)			the nature of the product (see Annex);
d)			the quantities in kilograms of each type of product in the case of withdrawals;
e)			the areas in question in the case of harvest before maturation or non-harvest, and in the case of members of producer organisations, less all quantities already harvested in kilograms

(3) Where measures are requested which have been carried out before the entry into force of the Implementing Regulation (EU) No 932/2014, this shall only be permitted if, before the implementation of the intervention measure, a control of the first stage on the part of the AMA shall be applied. has taken place.

Participation in the special measures and the deadline for applying for payment of support funds

§ 4. (1) Recognied producer organisations may participate in the special measures.

(2) In accordance with Article 4 of the delegated regulation (EU) No 932/2014, producers who are not members of a recognised producer organisation ('the non-members ') may be eligible for special measures to be harvested before maturation and non-harvest without inclusion in the participate in a producer organisation.

(3) Non-members shall conclude a written contract by means of the special measure, which is to be carried out exclusively through a producer organisation, by means of the special measure.

(4) The application for payment in accordance with Article 11 of the delegated regulation (EU) No 932/2014 shall be made by means of the forms laid down within one week of the Commission's communication pursuant to Article 9 (2) of this Regulation. The AMA shall issue the date of the last possible application.

Advance of first-level controls

§ 5. The AMA shall inform the applicant within two working days of receipt of the notification as to whether and at what time an on-the-spot check is taking place.

Nature of the products

§ 6. Products which are not intended for marketing or are suitable for marketing must not be included in the special measures.

Withdrawal of the market, harvest before maturation and non-harvest

§ 7. (1) Market withdrawals in the form of processing shall be allowed as long as it is ensured that there is no market disruption.

(2) In the case of harvest before maturation and non-harvest, the products shall be destroyed. The recovery of the products in the course of the transfer to a biogas plant shall be equal to destruction. The products must be disposed of in an environmentally sound way. The provisions of the Waste Management Act 2002, as last amended by BGBl. I No 193/2013 are to be complied with.

(3) It is appropriate to take appropriate measures favourably affecting the process of rotting with regard to the following vegetation period. Such records shall be kept and shall be transmitted, if necessary, to the AMA.

Aid level and payout

§ 8. (1) The amount of the aid shall be calculated in accordance with the amounts fixed in Annex I to the delegated Regulation (EU) No 932/2014 (minus any reduction factor which is still known by the EU). The payment will be made no later than 30.06.2015.

(2) In the case of harvest before maturation or non-harvest, the amount to be paid shall be determined on the basis of the average yields listed for each type of product, based on the national maximum values referred to in the Appendix calculated.

(3) Producer organisations shall carry out payments to their producers. This also applies to those producers who are non-members and who have withdrawn their products from the market through producer organisations. Producer organisations shall be entitled to withdraw and withhold the pro rata costs for the implementation of the special measure immediately from the aid to be paid to non-members.

(4) Non-members who have applied for the aid in accordance with Section 4 (2) shall receive the aid directly from the AMA.

Disclosure and co-action obligations

§ 9. (1) The institutions and representatives of the Federal Ministry of Agriculture, Forestry, the Environment and Water Management, the Agricultural Market Austria, the Court of Auditors, the European Union and the European Court of Auditors (hereinafter referred to as 'Prüforgane'). shall be the subject of business, operating and storage facilities and the taking of samples of products withdrawn from the market during business or operating hours.

(2) The examiners shall be entitled to inspect the accounts and all documents which they consider to be necessary for their examination. Copies of the documents are to be made available free of charge upon request.

(3) In the course of the examination, a suitable and informed person shall be present, to provide information and to provide the necessary assistance.

(4) The examiners may request the temporary release of records and documents and, in this case, have to confirm their handing over.

(5) As far as producers and producer organisations have a VAT identification number (UID number), the AMA shall be notified of the UID number, the relevant tax number and the competent tax office. Non-members shall report this through producer organisations, at the same time as the delivery date of the goods is notified to producer organisations.

Recording and retention obligations

§ 10. (1) Without prejudice to the legislation referred to in Article 1, producer organisations and non-members participating in the special measure shall be obliged to carry out properly commercial books and to make regular financial statements. Producer organisations shall make separate records of goods entry and exit books relating to the goods, broken down by product of the producer organisation and the product of non-members.

(2) If, in the event of withdrawal of the market, the products are processed further, the recipients shall have their own accounts held in their accounts for those products.

(3) The participants in the special measures shall be obliged to apply the documents referred to in paragraph 1 and the business documents relating to them seven years from the end of the calendar year to which they relate, with the care taken by a To keep the operator, unless longer retention periods are in accordance with other regulations.

Penalties

§ 11. (1) An administrative surrender pursuant to Section 30 (1) Z 2 of the MOG 2007 is to be carried out.

1.		makes false information about the goods declared for the special measure,
2.		Use of intervention goods contrary to § 7 or
3.		in other ways, contrary to this Regulation.

(2) If, on the occasion of a control activity, the AMA causes an additional outlay due to the fault of a participant, for example, by the non-performance of the products at the agreed time, an invoice of this additional expense shall be effected.

Recovery and return

§ 12. (1) The sums unduly received shall be repaid.

(2) The amounts to be repaid to the AMA shall, unless otherwise specified in the legislation referred to in § 1, be galvanissed from the day of receipt up to the day of the repayment at 3% above the base rate of interest per year. The day of receipt shall be the third working day after the date of the value of the direct debit on the account of the AMA.

Final destination

§ 13. This Regulation shall enter into force on 18.08.2014.

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