Change Of The Market Organisation Act 2007

Original Language Title: Änderung des Marktordnungsgesetzes 2007

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47. Federal Act amending the Law on the Law of the Market 2007

The National Council has decided:

The Market Order Law 2007-MOG 2007, BGBl. I n ° 55/2007, as last amended by the Federal Law BGBl. I No 189/2013, shall be amended as follows:

1. In § 2 Z 2, the quote " Regulation (EC) No 1290/2005, OJ L 327, 30.12.2005 No. OJ L 201, 11.8.2005, p. 1 by quoting " Regulation (EU) No 1306/2013 on the financing, management and 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. No. OJ L 347, 20.12.2013 p. 549 " replaced.

2. In § 3 (3) the word "Direct Payments" through the phrase "Direct payments, including horizontal rules on administration and control, farm advisory services and cross compliance" replaced.

3. § 6 shall be added to the following para. 4 and 5:

" (4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, by means of Regulation, provide details of the obligations and tasks of the paying agency in accordance with Art. 7 of the Regulation (EU) No 1306/2013 , in particular where other competent bodies have to provide the necessary data and documents for the processing and control of the individual measures, or where other bodies carry out partial areas of imprest tasks, to the extent that: , which is necessary to enable AMA to carry out its tasks as a paying agent in a comprehensive way.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation for the review of measures in the field of the use of energy from renewable sources in accordance with Directive 2009 /28/EC on the promotion of the use of energy from renewable sources. Energy from renewable sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC, OJ L 206, 22.7.2001, p. No. 16., which provide for details on the technical design of the processing and control of agricultural raw materials. "

4. § 7 para. 2 third sentence reads:

' Likewise, the criteria necessary for the recognition of producer organisations, their associations and inter-branch organisations, may be that of the products or groups of products to be included in the production and market conditions. of the sectors concerned, as well as in the event of irregularities or infringements, including the withdrawal procedure. '

5. In Section 7 (3), the quote shall be " Art. 102 of Regulation (EC) No 1234/2007, OJ L 299, 16.11.2007, No. OJ L 299, 16.11.2007, p. by quoting " Art. 26 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. No. OJ L 347, 20.12.2013 p. 671 " replaced.

6. § 8 together with headline reads:

" Direct Payments

§ 8. (1) In the management of direct payments within the meaning of Art. 1 lit. a 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 No 73/2009, OJ L 327, No. OJ L 347, 20.12.2013 p. 608, the following principles shall apply:

1.

As active farmers within the meaning of Article 9 (4) of Regulation (EU) No 1307/2013, those farmers who have received a maximum of € 1 250 in direct payments for the previous year are to be included.

2.

In application of Article 10 (1) and (2) of Regulation (EU) No 1307/2013, no direct payments shall be granted where the eligible area of the holding is less than 1,5 hectares or, where the farmer is exclusively coupled payments in accordance with § 8f, a direct payment amount of less than € 150 is calculated.

3.

The basic premium calculated in accordance with Article 11 (2) of Regulation (EU) No 1307/2013 shall not exceed € 150 000 for the farmer.

4.

In accordance with Article 22 (2) of Regulation (EU) No 1307/2013, the ceiling for the basic premium may be increased by a maximum of 3%, ensuring that, in the course of payments, the national ceiling is not exceeded.

5.

In accordance with Article 51 (1) of Regulation (EU) No 1307/2013, the funds available for the payment to young farmers may not exceed 2% of the national ceiling. In regulations referred to in paragraph 2, the percentage may be reduced if the need for cover is lower.

6.

For the grazing of pastures, a coupled support under Art. 52 of Regulation (EU) No 1307/2013 is granted in accordance with § 8f. In accordance with Article 53 (1) of Regulation (EU) No 1307/2013, the appropriations available for the coupled payment shall be fixed at 2.1% of the national ceiling.

7.

The small-scale producers ' scheme referred to in Article 61 of Regulation (EU) No 1307/2013 shall be applied in accordance with § 8g.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation, in so far as the relevant provisions of the Union's right of market law have a implementation in respect of the technical processing of direct payments , and in so far as it is determined, identifiable or limited in the underlying systems of the Union's right of market law, which shall adopt more detailed rules. In particular, regulation may be defined as follows:

1.

Criteria for the conservation of land in a condition suitable for grazing or cultivation, for the minimum activity in order to obtain the land in a natural way in a condition suitable for grazing or cultivation, in accordance with Article 4 (2). 1 lit. (c) and (2) of Regulation (EU) No 1307/2013, for the determination of the extent of eligible land in the presence of landscape elements, for the use of a pro-rata system for permanent pasture, with elements not eligible for aid and trees, as well as a list of wood species for Niederwald with short-circulation in accordance with Art. 4 (1) lit. Regulation (EU) No 1307/2013,

2.

detailed rules in which the persons referred to in Article 9 (2) of Regulation (EU) No 1307/2013 can prove that they are to be considered as active farmers;

3.

Detailed rules, in which way the third subparagraph of Article 24 (1) of the third subparagraph is laid down. (c) the farmer referred to in Regulation (EU) No 1307/2013 may occupy an agricultural activity,

4.

detailed rules for the procedure for the allocation of payment entitlements from the national reserve to the farmers referred to in Article 30 (6) and (9) of Regulation (EU) No 1307/2013 and Article 8b (3) (1) of Regulation (EU) No 1307/2013,

5.

The application of and closer rules on contractual clauses, which are applied in the application of Article 35 (1) (1) (1). a and lit. b iii of Regulation (EU) No 1307/2013, and with which payment entitlements are transferred in whole or in part to other farmers,

6.

List of areas used mainly for non-agricultural activity in accordance with Article 32 (3) of Regulation (EU) No 1307/2013, and criteria for land mainly used for agricultural activity,

7.

List of cases of force majeure and exceptional circumstances which, pursuant to Article 32 (4) of Regulation (EU) No 1307/2013, do not affect the eligibility of the areas to be eligible and the criteria for the existence of a case higher Violence and exceptional circumstances for the purposes of calculating the original value per unit (unit value),

8.

Permanent pasture land which, pursuant to Article 45 (1), first subparagraph, of Regulation (EU) No 1307/2013, must be regarded as a sensitive permanent pasture and the provision of measures pursuant to Article 45 (3) of Regulation (EU) No 1307/2013 in the event of acceptance of the permanent pasture land. of the permanent pasture percentage by more than 5%,

9.

List of obligations laid down in Article 28 (2) of Regulation (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing the Regulation (EC) No 1698/2005, OJ L 327, 30.11.2005 No. L 347 of 20.12.2013 487, which are to be regarded as equivalent methods of land management methods conducive to climate protection and environmental protection,

10.

Areas to be considered as areas used in environmental interest pursuant to Article 46 (2) of Regulation (EU) No 1307/2013, including the list of nitrogen-binding plants and/or plants, of the species of trees and the admissibility of the agricultural use of certain areas, and the use of weighting factors,

11.

Details on training requirements laid down in Article 50 (3) of Regulation (EU) No 1307/2013 for the granting of payment for young farmers,

12.

additional conditions for the granting of coupled support in accordance with § 8f, in particular for the duration of the alpine pasture, for the possibility of using the data from the cattle database for the application and for the use of a reference date for calculation the age of the animals that have been displaced and

13.

More detailed provisions relating to the agricultural management advice system referred to in Title III of Regulation (EU) No 1306/2013, in particular with regard to the qualifications of the consultants, the possible dissemination of information from the advisory activity and any mention of beneficiaries who have priority access. "

7. According to § 8, the following § § 8a to 8i shall be inserted together with the headings:

" Basic premium

§ 8a. (1) For the initial allocation of payment entitlements in accordance with Article 24 (1) of Regulation (EU) No 1307/2013, farmers shall also be eligible for the payment of the payment entitlements,

1.

in accordance with § 8 sec. 3 Z 5 MOG 2007 in the version of the Federal Law BGBl. I n ° 189/2013, payment entitlements have been allocated from the national reserve; or

2.

which, although they do not have payment entitlements, in 2013, measures under the Rural Development and Rural Development Programme pursuant to Regulation (EC) No 1698/2005, OJ L 327, 22.11.2005, p. No. 1, have applied for an agricultural activity in 2013 or, by means of other appropriate evidence, have submitted an application for agricultural activity in 2013.

(2) For the initial allocation of payment entitlements for alpine pastures and Hutweiden and for the allocation referred to in Article 30 (6) and (7) of Regulation (EU) No 1307/2013, in application of the Article 24 (6) of Regulation (EU) No 1307/2013, the eligible Areas with a reduction coefficient of 80%.

(3) The minimum operating size for the allocation of payment entitlements shall be 1.5 hectares.

(4) The value per unit of payment entitlements allocated in 2015 shall be the subject of the application of Article 25 (2) of Regulation (EU) No 1307/2013, with five annual equal steps and a corresponding adjustment of 20% of the difference between the the original value per unit (original unit value) per farmer is increased to the same value per unit (unit value) of Austria in 2019. reduced.

(5) The original unit value in accordance with Article 26 of Regulation (EU) No 1307/2013 shall be based on payments under the single payment scheme and the second subparagraph of Article 26 (6) of Regulation (EU) No 1307/2013 coupled support, which was granted to the farmer in 2014.

(6) An unexpected gain within the meaning of Article 28 of Regulation (EU) No 1307/2013 shall be given if the increase in the value of the payment entitlements is more than 5% and 20 € per payment entitlement. Areas with which payment entitlements are passed on in the course of a purchase or lease of at least one-year lease, land which has not been subject to payment entitlements and which shall be abolished by the termination of the lease contract, the supply of land which has not previously been subject to on the use of payment entitlements, areas which are no longer available on account of a case of force majeure or exceptional circumstances and the application of the reduction coefficients in accordance with Article 8a (2) Reduced areas shall be disregarded in this case. The proportion of the value of the payment entitlements exceeding the limits set out in the first sentence shall be returned to the national reserve.

Rules on national reserve

§ 8b. (1) For the establishment of the national reserve, the upper limit of the basic premium shall be reduced by 0.3%.

(2) The value of the payment entitlements shall be reduced in a linear manner if the funds available in the national reserve are not sufficient for the purposes of allocation to the farmers referred to in Article 30 (6) and (9) of Regulation (EU) No 1307/2013. The reduction shall be carried out in the extent necessary to cover the necessary funds.

(3) The resources of the national reserve may be

1.

pursuant to Art. 30 (7) (lit). (c) Regulation (EU) No 1307/2013 on the allocation of payment entitlements to farmers who have not been assigned payment entitlements as a result of force majeure or exceptional circumstances in the course of the initial assignment; and

2.

pursuant to Art. 30 (7) (lit). (e) Regulation (EU) No 1307/2013 on a permanent linear increase in the value of all payment entitlements if the funds available in the national reserve are more than 0.5%,

shall be used.

Transfer of payment entitlements

§ 8c. If payment entitlements without land are transferred to other farmers,

1.

in the case of a transfer with effect up to and including for the calendar year 2017, 50% of the payment entitlements covered by the transfer; and

2.

in the case of a transfer with effect from the calendar year 2018, 30% of the payment entitlements covered by the transfer

the national reserve.

Payments for climate and environmental protection Eligible land management methods

§ 8d. (1) The third paragraph of Article 43 (3) (3). National or regional environmental certification schemes referred to in Regulation (EU) No 1307/2013 shall not be considered as equivalent methods.

(2) The annual payment to the farmer for compliance with the relevant land management methods conducive to climate protection and the environment shall be paid during the period referred to in Article 8a (4), in application of Article 43 (9) of the third the first subparagraph of Regulation (EU) No 1307/2013, in the form of a percentage of the total value of the payment entitlements activated by the farmer in the year in question.

(3) The obligation to comply with the share of land with permanent pasture pursuant to Article 45 (2) of Regulation (EU) No 1307/2013 shall apply at national level.

Payment for young farmers

§ 8e. The annual payment for young farmers shall be calculated in accordance with Article 50 (8) of Regulation (EU) No 1307/2013, by an amount equivalent to 25% of the national average payment per hectare, with the number of the year in question by the Holders of payment entitlements activated, but not more than 40, shall be multiplied.

Facultative coupled support

§ 8f. (1) The coupled support provided for in Article 8 (1) (6) shall be granted for bovine, ovine and caprine animals, each of which has been driven up by the raufutter-eaten livestock unit (RGVE).

(2) The conversion into RGVE shall be as follows:

1.

Bovine animals over 24 months

1.0 RGVE

2.

Cattle over 6 to 24 months

0.6 RGVE

3.

Calves up to 6 months

0.4 RGVE

4.

Sheep and goats over 12 months

0.15 RGVE

5.

Sheep and goats up to 12 months

0.07 RGVE

(3) The coupled support shall be

1.

per cow or Per RGVE ewes and mother-goats

62 €

2.

Other RGVE

31 €.

(4) The number of RGVE eligible for the respective application year shall not exceed 290 000.

Small-scale production

§ 8g. (1) The farmer participating in the small-producer scheme shall be subject to an annual payment amount in accordance with Art. 63 (2) (lit). a of Regulation (EU) No 1307/2013. However, this amount may not exceed € 1 250.

(2) Holders who receive a maximum of € 1 250 in direct payments in the 2015 application year shall be included in the small-scale scheme if they are not up to 15 years of age. In October 2015, they announced that they would withdraw from the small-scale product scheme. Other farmers who wish to participate in the small-scale producer scheme shall have this to 15. October 2015. A departure from the smallholder scheme after the application year 2015 shall be notified by the end of the deadline for the submission of the multiple application and shall be effective from this application year.

Reduction of payment entitlements in 2014

§ 8h. Payment entitlements activated in 2013 by farmers who have applied for a maximum of € 5 000 in direct payments shall be subject to the linear reduction referred to in Article 40 (2) of Regulation (EC) No 73/2009 with common rules for Direct payments under the common agricultural policy and with certain support schemes for farmers and amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and the repeal of the Regulation (EC) No 1782/2003, OJ L 245, 29.7.2003, No. OJ L 30 of 31.01.2009 p. 16, as last amended by Regulation (EU) No 1310/2013, OJ L 327, 28.12.2013, p. No. OJ L 347, 20.12.2013 p. 865, except.

Scheme for distributors to be used on commonly used forage areas

§ 8i. The eligible area shall be added to the eligible area in proportion to the number of animals which they have been displaced in each case, in the case of farmers who have been placed on a common farm and pasture. In accordance with Article 73 (1) of Regulation (EC) No 1122/2009 laying down detailed rules for the implementation of Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system in the framework of support schemes for farmers pursuant to the said Regulation and with detailed rules for the application of Regulation (EC) No 1234/2007 as regards compliance with other obligations under the support scheme for the wine sector, OJ No. 1., reductions and exclusions shall not apply where there is no evidence of circumstances for the driving farmer to doubt the reliability of the applicant for pasture or pasture land. could have been.

(2) Paragraph 1 shall also apply to application years which have been concluded in a legally binding manner, if a request for a retrial is submitted and the decision is made at the latest within a period of five years before the entry into force of this provision in Legal force has grown up. The request for a retrial shall be submitted to the AMA within two weeks of the entry into force of this provision, which shall be decided upon. "

8. In § 11 para. 1 the quote shall be "§ § 7 and 8" by quoting "§ § 7 to 8h" replaced.

9. In accordance with § 11, the following § 11a including the heading is inserted:

" Contract Relations

§ 11a. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation, in so far as the relevant provisions of the Union's right of market regulation for individual sectors of the common organization of the market in agricultural products (c) provide for an implementation in respect of technical processing in relation to contractual relations and, in so far as it is determined, determinable or limited in the underlying systems of the Union's right of market law, the more detailed provisions . Such a regulation may also require the conclusion of written contracts. "

10. § 12 together with headline reads:

" Cross Compliance Rules

§ 12. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation, in so far as the respective provisions of the Cross Compliance Regulations pursuant to Title VI of Regulation (EU) No 1306/2013, a implementation with regard to: whereas the technical implementation thereof provides for, and in so far as it is determined, determined or limited in the underlying arrangements, that the provisions are adopted in more detail; In particular, the detailed rules necessary for the technical design of the early warning system in accordance with Article 99 (2) of Regulation (EU) No 1306/2013 can be laid down by regulation.

(2) The standards for the conservation of land in good agricultural land to be complied with in accordance with Art. 94 in conjunction with Annex II in the field of environmental protection, climate change, good agricultural status of the areas under Regulation (EU) No 1306/2013 and ecological status should be laid down by Regulation.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may determine by Regulation that the control of cross compliance by the AMA shall be carried out, provided that the controls carried out by the AMA at least shall be as effective as in the case of implementation by the competent authorities. For the transmission of control tasks in the field of human, animal and plant health, main subjects of food safety, identification and registration of animals and animal diseases, and in the area of animal welfare in Annex II to the Regulation (EU) No 1306/2013 is the agreement with the Federal Minister for Health. "

11. In § 19 (2) and § 20, the quote shall be "§ § 7, 8 and 10" by quoting "§ § 7, 8 to 8h and 10" replaced.

Section 21 shall be replaced by the sales name (1) and the following paragraph 2 shall be added:

" (2) Insofar as the European Union requires the payment of interest, payments made only after the expiry of the time limits laid down in the rules of the Union's right of market regulation and in respect of which the late payment is not made by the The beneficiary shall be responsible, as well as repayments of amounts to be made pursuant to invalid regulations of the Union's right of market order, from the last day of the payment period or from the day of payment made to 2vH above the Base interest rate to be galvanissed. "

13. § 26a together with the title is:

" Publication of information

§ 26a. (1) The publication of information pursuant to Art. 111 of Regulation (EU) No 1306/2013 shall be made by the AMA.

(2) The customs office of Salzburg paying agency shall transmit the data to the AMA with the information to be published concerning export refunds in accordance with Chapter VI of Part III of Regulation (EU) No 1308/2013.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in agreement with the Federal Minister for Finance, in agreement with the Federal Minister for Finance, lay down detailed rules to the extent that this is the case with technical Processing is necessary or necessary. "

14. § 27 (1) (3) to (4) are:

" 3.

by the sugar undertakings in accordance with Art. 137 of Regulation (EU) No 1308/2013, individual operational data on supply contracts, quantity of sugar beet supplied, sugar content and sugar beet accounting,

3a.

by the nature protection authorities of the countries for inclusion in the system for the identification of agricultural parcels in accordance with Article 70 of Regulation (EU) No 1306/2013, all data relating to Natura 2000 sites which are classified as sensitive permanent pasture as well as for the control of compliance with cross compliance regulations are required,

4.

the competent authorities responsible for the enforcement of the legal standards referred to in Article 93 of Regulation (EU) No 1306/2013, all the information required for the selection of the control sample, "

15. In § 27 (3) the word order is deleted "within the framework of the common agricultural policy" .

16. In Section 28 (3), the quote shall be " Art. 14 of Regulation (EC) No 73/2009 " by quoting "Title V, Chapter II of Regulation (EU) No 1306/2013" replaced.

Section 30 (1) Z 2 reads as follows:

" 2.

a regulation adopted pursuant to § 7, § 8, § 9, § 10, § 11, § 12, § 13 para. 2, § 15 (4) (3) or § 22, insofar as it refers to this criminal provision for a certain amount of the offence, or "

Section 32 shall be added to the following paragraphs 8 to 10:

" (8) The

1.

§ 2 Z 2, § 6 para. 4 and 5, § 7 para. 2 and 3, § 8h, § 11a, § 26a, § 27 paragraph 1 Z 3 and Z 3a and § 27 paragraph 3 in the version of the Federal Law BGBl. I n ° 47/2014 are due to 1. Jänner 2014,

2.

§ 3 para. 3, § 8, § 8a, § 8b, § 8c, § 8d, § 8e, § 8f, § 8g, § 11 paragraph 1, § 12, § 19 para. 2, § 20, § 21, § 27 paragraph 1 Z 4, § 28 para. 3 and § 30 paragraph 1 Z 2 in the version of the Federal Law BGBl. I n ° 47/2014 are due to 1. Jänner 2015 and

3.

§ 8i in the version of the Federal Law BGBl. I N ° 47/2014 shall enter into force with the date of the revelation of this Federal Law

in force.

(9) Regulations pursuant to § 8 in the version of the Federal Law BGBl. I No 47/2014 may be issued from the date of the adoption of this Federal Law. However, they do not appear at the earliest with 1. Jänner 2015 in force.

(10) § 8 of the Federal Law BGBl (Bundesgesetz BGBl) is based on facts which have been carried out by 31 December 2014. I n ° 189/2013. "

Fischer

Faymann