271. Decree of the Federal Minister for agriculture and forestry, environment and water management to carry out time-limited special support measures for producers of certain fruits and vegetables because of import barriers to Russia
On the basis of articles 9, 17 and 22 to 28 of the market organisation Act 2007 (MOG 2007), Federal Law Gazette I no. 55, as last amended by Federal Law Gazette I no. 47/2014, is prescribed:
Scope of application
§ 1. The provisions of this regulation are the implementation
1. the Regulation (EU) No. 1308/2013 establishing a common market organisation for agricultural products, and repealing Regulations (EEC) no 922/72, (EEC) No 234/79, (EC) no 1037/2001 and (EC) No 1234/2007, OJ L 347 of the 20.12.2013 p. 671, 2 of the implementing Regulation (EU) No. 543/2011 laying down detailed rules for the application of Regulation (EC) No 1234/2007 of the Council for the sectors of fruit and vegetables and products processed from fruit and vegetables, OJ No. L 157 of the 15.06.2011 p. 1 and 3 of the delegated Regulation (EU) No. 932/2014 with temporary special support measures for producers of certain fruits and vegetables, and to change the delegated Regulation (EU) No. 931/2014, OJ No. L 259 of the 30.08.2014 p. 2.
§ 2. responsible for the implementation of this regulation and the legislation referred to in section 1 is the wrap - and intervention agency "Agrarmarkt Austria" (AMA), if the Federal Minister for agriculture and forestry, environment and water management is not responsible under other provisions.
§ 3 (1) is the message of the measures under this regulation using forms, which are imposed by the AMA, to submit this.
(2) the notification shall contain the following information:
a) type of action (withdrawal, harvest before the maturation or not harvesting);
b) type of production (fruit and vegetables from outdoor or greenhouse);
(c) the nature of the product (see annex);
(d) the respective quantities in kilograms depending on the type of products for market withdrawals;
(e) the respective areas in case the harvest before the maturation or not harvesting as well as were requested in case of members of producer organisations minus any already harvested quantities in kilograms (3) are measures, carried out before the entry into force of the implementing Regulation (EU) No. 932/2014, so this is only permitted if a check of the first level on the part of the AMA took place before the intervention measure.
Participation in the special measures and deadline to apply for the payment of Stützungsmittel
4. (1) recognised producer organisations can participate in special activities.
(2) in accordance with article 4 of the delegated Regulation (EU) no 932/2014 producers who are not members of a recognised producer organisation may (in the following: non-members), the special measures harvest before the maturation and not crop without integration into a producer organisation participate in.
(3) non-members have the withdrawal scheme, which only about one producer organisation is making to conclude a written agreement with this.
(4) the application for the payment in accordance with article 11 of the delegated Regulation (EU) No. 932/2014 using the attached forms within one week after the release of the Commission pursuant to article 9 paragraph 2 of this regulation must be made. The AMA announced the date of the last possible application.
Making the first-level checks
§ 5. The AMA tells the applicant within two working days after receipt of the message, whether and at what point a-venue inspection takes place.
Quality of products
§ 6 products defined not for marketing or suitable, may not be included in the special measures.
Withdrawal, harvest before the maturation and not crop § 7 (1) withdrawals in the form of processing are allowed, as long as will ensure that there is no market disruption event.
(2) when harvested before ripening and not harvest products are to destroy the recycling of products in the course of the shipment in a biogas plant is the destruction. The products are environmentally-friendly way to dispose of. The provisions of the waste management Act 2002, last amended by Federal Law Gazette I no. are 193/2013 to comply.
(3) there are appropriate measures to meet which the rotting process in regard to the following growing season. Above you are to keep records and to submit, if necessary, upon request to the AMA.
Aid amount and payment
Section 8 (1) the amount of aid is calculated No. 932 / 2014 fixed amounts (net of any of the EU of yet-to-be-known reduction factor) in accordance with the annex delegated Regulation (EU). The payment will be made until at least 30.06.2015.
(2) in the case of the crop before strapping or not harvesting the transactions for payment on the basis of the average yields stated for the respective types of products on the basis of the national maximum levels in accordance with the annex is calculated.
(3) the producer organisations carry out the processing of the payments to their producers. This is true also with regard to those producers who have taken their products through the producer organisations of the market and which are non-members. Producer organisations shall be entitled to immediately remove the pro rata cost of the implementation of the special action of the aid to be paid to the non-members and to retain.
(4) non-members that have applied for the aid referred to in article 4, paragraph 2, receive them directly from the AMA.
Duldungs - and obligation to cooperate
§ 9 (1) the institutions and representatives of the Federal Ministry of agriculture and forestry, environment and water management, the Agrarmarkt Austria, the Court of Auditors, the European Union and of the European Court of Auditors (hereinafter the following monitoring bodies) is entering the business, to allow operating and storage rooms, as well as taking samples of products be taken off the market, while the business or operating times.
(2) inspection bodies may, in the accounting and all documents which they consider for their examination as required to inspect. Copies of the documents are free of charge to provide upon request.
(3) in the case of the examination, an appropriate and informed respondent has to be present, to provide information and to provide the necessary support.
(4) the monitoring bodies can require the temporary provision of records and documents and to confirm its delivery in this case.
(5) where producers and producer organisations have a VAT identification number (UID - number), the AMA is the UID - number, notify the relevant tax number, as well as the competent tax office. Non-members report it through the producer organisations, simultaneously with the notification of the delivery of the goods to the producer organisations.
Recording and archiving requirements
Producer organisations, as well as the non-members taking part in the special measures required to properly maintain commercial books and to make regular financial statements are section 10 (1) without prejudice to the legal provisions referred to in paragraph 1. POS broke separate records in goods receipt and-ausgangsbüchern of the goods to make merchandise of the producer organisation and goods from nonmembers.
(2) The products are processed in the event of withdrawal, the recipients for these products have to lead their own goods accounts in their accounting.
(3) the participants in the special measures are required, the documents referred to in paragraph 1 and the related business documents for seven years by the end of the calendar year, to which they relate, to be kept with the care of an entrepreneur, if not longer storage periods under other provisions.
11. (1) an administrative offence in accordance with article 30, paragraph 1 Z 2 MOG 2007 commits, who
1 misrepresentation of the goods applied for the special measure makes, 2. intervention goods contrary to section 7 used or this regulation contrary to is 3 in a different way.
(2) will be in on the occasion of a control activity by the fault of one of the parties, brought about by not before bringing the products at the agreed time, overhead, so AMA a clearing of this overhead.
Recovery and interest rate
Wrongly received amounts are § 12 (1) to pay back.
(2) on the AMA to redemption amounts are not in the section 1 otherwise legislation referred to unless otherwise provided, from the day of reception up to the date of redemption with 3 per cent above the base rate per year to pay interest on. The third working day is considered the day of reception after the day of the currency position of the direct debit to the account of the AMA.
§ 13. This Regulation shall enter into force 18.08.2014.