Change Of The Market Organisation Act 2007

Original Language Title: Änderung des Marktordnungsgesetzes 2007

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_47/BGBLA_2014_I_47.html

47. Federal Act, 2007 modifies the market regulation law

The National Council has decided:

The market organisation Act 2007 - MOG 2007, Federal Law Gazette I no. 55/2007, amended by the Federal Act Federal Law Gazette I no. 189/2013, is amended as follows:

1. in article 2 Z 2 is the quote ' Regulation (EC) No 1290/2005, OJ " No. L 201 of the 11.8.2005, p. 1 "by the quote" 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 "replaced.

2. in article 3, paragraph 3, the word "Direct payments" is replaced by the phrase "Direct payments including the horizontal provisions regarding management and control, agricultural consultancy and cross-compliance".

3. § 6 shall be added following paragraph 4 and 5:

"(4) the Federal Minister for agriculture and forestry, environment and water management no. may lay down by regulation 1306/2013, especially if other professionally competent bodies for the management and control of the various measures required data and documents have to deliver or other authorities perceive parts of paying duties, details of the duties and tasks of the paying agency in accordance with article 7 of the Regulation (EU) to the extent , which is required so that the AMA can fully perform their duties as a paying agent.

(5) the Federal Ministry of agriculture and forestry, environment and water management can by regulation for the review of measures relating to the use of energy from renewable sources in accordance with Directive 2009/28/EC for the promotion of the use of energy from renewable sources and amending and subsequent repealing of directives 2001/77/EC and 2003/30/EC, OJ No. L 140 from the 23.4.2009 set p. 16, the further details for the technical design of management and control for the range of raw materials."

4. § 7 para 2 third sentence reads:

"The criteria necessary for the recognition of producer organisations, their associations, as well as industry associations, to include products or groups of product, taking into consideration the production and market conditions of the sectors concerned can also, as well as irregularities or non-compliance penalties including the trial forfeiture of be set in the case."

5. in article 7, paragraph 3, the quote is "article 102 of Regulation (EC) No 1234/2007, OJ" No. L 299 of November 16, 2007, S. 1 "by the quote" article 26 of 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 " No. L 347 of the 20.12.2013 S. 671 "replaced.

6 paragraph 8 together with the heading:

"Direct payments

Section 8 (1) in the settlement of direct payments in accordance with article 1 lit. 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 and repealing Regulation (EC) No 637/2008 and Regulation (EC) No 73/2009, OJ No. L 347 of the 20.12.2013 S. 608, are significantly the following principles:



1 as the active business owner within the meaning of article 9 para. 4 of Regulation (EU) those business owners are no. 1307/2013 to include, which have received more than 1 €250 in direct payments for the previous year.

2. in application of article 10 paragraph 1 and 2 of Regulation (EU) No. 1307/2013 be no direct payments granted, if the eligible area of the holding is less than 1.5 hectares or, if the farmer receives only coupled payments in accordance with § 8f, a direct payment amount by less than €150 is calculated.

3. granted after application of article 11 paragraph 2 of Regulation (EU) being no. of 1307/2013 calculated base premium the farmer a maximum in the amount of 150 €000.

4. pursuant to article 22 paragraph 2 of the Regulation (EU) No. 1307/2013 can be, increased the upper bound for the base premium by more than 3% to ensure in the course of the payouts is that the national ceiling is not exceeded.

5. in accordance with article 51 paragraph 1 of the Regulation (EU) No. 1307/2013 which should not to exceed 2% of the national ceiling for the payment to young farmers resources available. In regulations made pursuant to paragraph 2, the percentage can be reduced if the required for the coverage is low.

6. for the grazing of pastures coupled support in accordance with article 52 of Regulation (EU) is granted on the basis of § 8f No. 1307/2013. In accordance with article 53 paragraph 1 of the Regulation (EU) No. 1307/2013 the resources available for the coupled payment with 2.1% of the national ceiling be set.

7. the small producer regulation in accordance with article 61 of Regulation (EU) No. 1307/2013 is applied in accordance with § 8 g.

(2) the Federal Minister for agriculture and forestry, environment and water management can legislate, as far as the respective regulations of market regulation law of the Union provide for an implementation with regard to the technical processing for direct payments and as far as it is intended, limited or determinable in the underlying rules of market regulation law of the Union, the closer regulation. In particular can be set by regulation:



1. criteria for the preservation of land in a condition suitable for grazing or growing for the minimum activity, to get the surfaces in a natural way in a State suitable for grazing or growing in accordance with, article 4 para 1 lit. c and paragraph 2 which regulation (EU) No. 1307/2013, for the determination of the extent of the eligible areas in the presence of landscape elements, for recourse to a pro-rata system for permanent grassland, which with non-eligible items and trees is riddled, as well as a directory of woody species for Niederwald with short rotation in accordance with article 4 paragraph 1, lit. k of Regulation (EU) No. 1307/2013, 2. detailed regulations, how in article 9 paragraph 2 of the Regulation (EU) No. 1307/2013 persons can prove that they are regarded as active, 3. detailed regulations, how that article 24 para 1 third subparagraph lit. c of Regulation (EU) No. 1307/2013 farmer referred to farming can prove 4. detailed rules for the procedure of allocation of payment entitlements from the national reserve to which article 30 paragraph 6 and 9 of Regulation (EU) No. 1307/2013 and holder referred to in section 8B para 3 subpara 1, 5.
The application of and detailed rules for contract clauses that in application of article 35, paragraph 1 lit. a and lit. b (iii) of Regulation (EU) No. 1307/2013 be regulated and that payment claims wholly or partly other farmers are transferred, 6 directory of surfaces, that paragraph 3 of the Regulation (EU) No. 1307/2013 mainly for non-agricultural activities in accordance with article 32 are used, as well as criteria for areas used mainly for farming, 7 directory from cases of force majeure and exceptional circumstances , in accordance with article 32 para. 4 of Regulation (EU) No. 1307/2013 eligibility of land do not have, as well as the detailed criteria for the existence of a case of force majeure and exceptional circumstances for purposes of the calculation of the initial value per unit (unit value), 8 permanent grassland plots, paragraph 1 first subparagraph of Regulation (EU) 1307/2013 as sensitive permanent pasture to see no. in accordance with article 45 , as well as the appearance of measures in accordance with article 45 (3) of Regulation (EU) No. 1307/2013 in the case of decrease in the share of permanent grassland to more than 5%, 9 directory of obligations in accordance with article 28 paragraph 2 of Regulation (EU) No. 1305/2013 on the support of for rural development by the European agricultural fund for rural development (EAFRD) and repealing Regulation (EC) No 1698 / 2005 , OJ No. L 347 of the 20.12.2013 S. 487, as equivalent methods to look at the climate and environmental protection of beneficial land management practices are 10 surfaces, which are to see para. 2 of the Regulation (EU) No. 1307/2013 as surfaces used in the environmental interest including the list of the nitrogen-binding plant or plant species in accordance with article 46 and the admissibility of the agricultural use of certain areas as well as the use of weighting factors , 11 details on training requirements laid down in article 50 paragraph 3 of Regulation (EU) No. 1307/2013 for 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 Summering on the possibility of the use of the data from the cattle database for the application and to the use of a cut-off date for the calculation of the age of animals driven up and 13 rules on the system of agricultural operational consultancy in accordance with title III of the Regulation (EU) approaching No. 1306 / 2013 ", in particular with regard to the qualification of consultants, a possible disclosure of information from the consultant and a possible nomination of beneficiary, have the priority access."


7. after article 8, following sections 8a are inserted until 8i including headings:

"Basic premium

§ 8a. (1) for the initial allocation of payment entitlements in accordance with article 24 para 1 of the Regulation (EU) No. 1307/2013 are also business owners considering,



1 where in the year 2014 according to § 8 para 3 Z 5 MOG 2007 I no. 189/2013 payment entitlements have been allocated in the version of Federal Law Gazette from the national reserve or 2 though have no payment claims, but in the year 2013 action of programme for the promotion and development of the rural areas in accordance with Regulation (EC) No 1698/2005, OJ P. 1, timely requested no. L 277 of 21.10.2005 or through other appropriate means of proof, an agricultural activity show in 2013.

(2) for the initial allocation of payment entitlements for Alpine meadows and pasture and allocation in accordance with article 30 paragraph 6 and 7 of the Regulation (EU) No. 1307/2013 be in application of article 24 para. 6 of the Regulation (EU) No. 1307/2013 the eligible areas with a reduction coefficient of 80% used.

(3) the minimum size for the allocation of payment entitlements is 1.5 hectares.

(4) the value per unit of the payment entitlements allocated in the year 2015 will be in application of article 25 paragraph 2 of Regulation (EU) No. 2019 increased 1307/2013 year same with five steps and an adjustment of 20% the difference between of the original value per unit (original unit value) per farmer to the nationwide same value per unit (unit value) each associated in or reduced.

(5) the original value of the unit in accordance with article 26 of the Regulation (EU) No. 1307/2013 will be on the basis of payments in the framework of the single payment scheme and in accordance with article 26 para 6 second subparagraph of Regulation (EU) No. of 1307/2013 determined coupled support, granted in the year 2014 the farmer computes.

(6) an unexpected profit in accordance with article 28 of the Regulation (EU) No. 1307/2013 is given, when the increase in the value of the payment entitlements is more than 5% and €20 per payment entitlement. Areas, which in the course of a purchase or a minimum one year lease of payment entitlements are propagated without payment entitlements leased areas that fall away, giving in areas that have been used so far not to the use of payment entitlements at this procedure out of consideration to surfaces that are available, and due to the application of the reduction coefficient referred to in Article 8a, paragraph 2 are reduced surfaces due to a case of force majeure or exceptional circumstances no longer be available due to termination of the lease agreement. The proportion of the value of the payment entitlements, exceeding the limits referred to in the first sentence, falls back to the national reserve.

Regulations to the national reserve

§ truncates the upper limit of the base premium 0.3% 8B. (1) for the establishment of the national reserve.

(2) the value of the payment entitlements will be reduced linearly if in the national reserve resources for the allocation to the article 30 paragraph 6 and 9 of Regulation (EU) No. 1307/2013 farmer referred to not sufficient. The reduction is carried out to the extent required for the covering of the resources required.

(3) the funds of the national reserve may



1. in accordance with article 30, paragraph 7 lit. c of the Regulation (EU) No. 1307/2013 for the allocation of payment entitlements to holder where no payment entitlements have been allocated as a result of force majeure or exceptional circumstances in the course of the initial allocation, and 2. in accordance with article 30 paragraph 7 lit. e of Regulation (EU) No. 1307/2013 permanent linear increase of the value of all payment entitlements, if the funds existing in the national reserve at more than 0.5%, are used.

Transfer of payment entitlements

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



1. when one with effectiveness until 2017 following calendar year transfer including 50% of payment claims covered by the transmission and 2 with effect from the year 2018 following transfer 30% of the payment entitlements of the national reserve covered by the transmission slammed.

Payments for the climate and environmental protection beneficial land management practices

§ 8 d. (1) that in article 43, paragraph 3 lit. (b) of Regulation (EU) No. 1307/2013 national or regional environmental certification systems referred to not considered as equivalent methods.

(2) the annual payment to the farmers for complying with the relevant, the climate and environmental protection of beneficial land management practices will be during the period referred to in section 8a (4) in application of article 43 paragraph 9 third subparagraph of Regulation (EU) No. 1307/2013 in the form of a percentage of the total value of the payment entitlements activated by the holder in the relevant year grants.

(3) the obligation to comply with the proportion of land with Permanent grasslands in accordance with article 45 para 2 of the Regulation (EU) No. 1307/2013 takes on a national level application.

Payment for young farmers

§ 8e. The annual payment for young farmers is calculated para 8 of the Regulation (EU) No. 1307/2013 pursuant to article 50, by multiplying a sum amounting to 25% of the national average payment per hectare with the number of payment entitlements activated in the year concerned by the farmer, but no more than 40.

Optional coupled support

§ granted 8f. (1) which is Z 6 coupled support provided for in article 8, paragraph 1 for cattle, sheep and rough food consuming goats ever driven up livestock unit (RGVE).

(2) the conversion into RGVE is carried out as follows:



1. cattle over 24 months 1.0 RGVE 2. cattle over 6-24 months 0.6 RGVE 3. calves until 6 months 0.4 RGVE 4. sheep and goats over 12 months 0.15 RGVE 5 sheep and goats until 12 months 0.07 RGVE (3) the coupled support is



1 per cow and per RGVE ewes and she-goats €62 2 each other RGVE €31.

(4) the number of the application year eligible RGVE must not exceed 290 000.

Small producer regulation

section 8 g. (1) an annual payment amount referred to in article 63 the holder's participating in the small producer regulation is lit para 2. a regulation (EU) granted no. 1307/2013. However, this amount may not exceed 1 €250.

(2) farmers received by 2015 a maximum €1 250 direct payments in the year of application, are included in the small producer regulation if they do not announce 15 October 2015, to want to exude from the small producer regulation. Other business owners who want to take part in regulating small producers, have to apply for this by 15 October 2015. A departure from the small producer regulation following the application year 2015 is the end of the time limit for the submission of multiple application to announce and with effectiveness from this application year.

Reduction of the payment entitlements in 2014

§ 8 h. Payment entitlements which have been activated, have asked for the maximum-5 €000 on direct payments, in 2013 by farmers are the linear reduction in accordance with article 40 paragraph 2 of Regulation (EC) No. 73/2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending regulations (EC) No. 1290 / 2005, (EC) No. 247 / 2006 , (EC) No. 378/2007 and for the repeal of Regulation (EC) No 1782/2003, OJ No. L 30 of January 31, 2009 p. 16, as last amended by Regulation (EC) No. 1310/2013, OJ No. L 347 of the 20.12.2013 p. 865, excluded.

Regime for communal food surfaces on driver

section 8i. (1) farmers, who raise animals on communal pastures and meadows, and is attributed to the eligible area according to the proportion of animals that are each driven by them. According to article 73 para 1 of the Regulation (EC) no 1122/2009 laying down detailed rules for the application of Regulation (EC) No. 73 / 2009 in compliance with other obligations, modulation and the integrated administration and control system within the framework of the support schemes for farmers in accordance with regulation and laying down detailed rules for the application of Regulation (EC) No. of 1234/2007 with regard to compliance with other obligations under the support system for the wine sector , OJ S. 1, no. L 316, November 30, 2009 find reductions and exclusions, if for the holder's driving on no circumstances were discernible, let him doubt that the reliability of the applicant of the meadow - or pasture forage areas could have no application.

(2) section 1 also applies to legally completed years of application, when an application for reopening of the case is introduced and the decision is an adult at the latest within a period of five years preceding the entry into force of this provision in law. The request for reopening of the case is to introduce within two weeks after entry into force of this provision at the AMA, which has to decide."

8. in article 11, paragraph 1, the quote "sections 7 and 8" by the quote "sections 7 to 8 h" is replaced.

9. pursuant to section 11, 11a the following paragraph with heading shall be inserted:

"Contractual relationships


section 11a. The Federal Minister for agriculture and forestry, environment and water management can legislate, as far as the respective regulations of the Union market regulation law provide an implementation with regard to the technical processing for contractual relationships for individual sectors of the common market organisation for agricultural products, and as far as it is intended, limited or determinable in the underlying rules of market regulation law of the Union, the closer through regulation. In one such regulation also the conclusion of written contracts may be prescribed."

10 paragraph 12 together with the heading:

"Cross-compliance rules"

§ 12 (1) the Federal Minister for agriculture and forestry, environment and water management may by regulation, as far as the respective regulations of the cross-compliance rules according to 1306/2013 an implementation with regard to their technical processing provide no. Title VI of Regulation (EU) and unless these States in the underlying regulations, is limited or determinable, the detailed provisions. In particular 1306/2013 necessary detailed rules can be set for the technical design of the early-warning system in accordance with article 99 par. 2 of the Regulation (EU) No. through regulation.

(2) that no. 1306/2013 standards to be followed for the maintenance of land in good agricultural and environmental condition in accordance with article 94 in conjunction with annex II in the field of environment protection, climate change, good agricultural condition of areas of Regulation (EU) are by regulation to set.

(3) the Federal Minister for agriculture and forestry, environment and water management can determine by regulation the control of cross-compliance carried the AMA regulations provided that the controls carried out by the AMA are at least as effective as when the implementation by the relevant competent authorities. For a transfer of control tasks in the area of health of humans, animals and plants, main items, food safety, to produce identification and registration of animals and animal diseases, as well as in the area of animal protection of set out in annex II of to Regulation (EU) No. 1306/2013 is the agreement with the Federal Minister of health."

11. in article 19, paragraph 2, and article 20, the quote "sections 7, 8 and 10" by the quote '§§ 7, 8 to 8 h and 10' is replaced.

12 § 21 receives the sales designation (1) and the following paragraph 2 is added:

"(2) in so far as the requirements of the European Union require the payment of interest, payments are made only after expiry of the deadlines specified in rules of market regulation law of the Union and to take responsibility for the late payment by the beneficiary that is as well as repayments of amounts, have to be taken due to invalid regulations of the market order of the Union, to be payable on the last day of the payment period or from the date of the payment to 2vH above the base interest rate."

13 paragraph 26a together with the heading:

"Publication of information

Article 26a. (1) the publication of the information referred to in article 111 of Regulation (EU) No. 1306/2013 is to carry through the AMA.

(2) the Customs Office Salzburg paying export refunds has the AMA to transmit the data with the publish information concerning export refunds in accordance with part III, chapter VI of Regulation (EU) No. 1308/2013.

(3) the Federal Minister for agriculture and forestry, environment and water management can - rules further 2 also in agreement with the Federal Minister of finance - in terms of para by regulation, insofar as this is required or offered to the technical processing."

14 § 27 ABS 1 Z 3 to 4 are:



"3. from the sugar undertakings in accordance with article 137 of Regulation (EU) No. 1308/2013 individual data to supply contract, delivered quantity of sugar beet, sugar content and sugar beet billing, 3a."
by the nature conservancy of countries for purposes of inclusion in the system for the identification of agricultural parcels in accordance with article 70 of Regulation (EU) no 1306/2013 all data concerning Natura 2000 sites, which are required for the classification as sensitive permanent grassland, as well as for the monitoring of compliance with the cross compliance requirements, 4 from the to the enforcement of article 93 of Regulation (EU) No. 1306/2013 legislation recognised competent authorities all information ", which are necessary for the selection of the control sample, ' 15. In article 27, paragraph 3, the phrase "within the framework of the common agricultural policy" is eliminated.

16. in article 28, paragraph 3, the quote is "article 14 of Regulation (EC) No 73/2009" by the quote "title V, chapter II of Regulation (EU) No. 1306/2013" replaced.

17 § 30 par. 1 No. 2 is:



"2. an according to § 7, § 8, § 9, § 10, section 11, § 12, § 13 para 2, § 15 par. 4 Z 3 or § 22 adopted by regulation, insofar as it refers to this penal provision for a specific offence, contravenes or" 18 § 32 be added following paragraph 8 to 10:

"(8) the



1 § 2 Z 2, § 6 para 4 and 5, article 7, par. 2 and 3, § 8 h, section 11a, § 26a, article 27, paragraph 1 Z 3 and Z 3a and article 27 paragraph 3 as amended by Federal Law Gazette I no. 47/2014 contact 1 January 2014, 2. § 3 para 3, § 8, paragraph 8a, section 8B, 8 c, § 8 d, § 8e, § 8f, § 8 g, article 11, paragraph 1, article 12, article 19, par. 2 , Article 20, article 21, article 27, paragraph 1 I no. 47/2014 contact Z 4, § 28 para. 3 and article 30, paragraph 1 No. 2 in the version of Federal Law Gazette 1 January 2015 and I no. 47/2014 8i 3. § in the version of Federal Law Gazette the day following the announcement of this federal law into force.

(9) regulations made pursuant to article 8 as amended by Federal Law Gazette I no. 47/2014 can be adopted from the day of announcement of this Federal Act. Please contact but no earlier than 1 January 2015 in force.

(10) on the facts, which are carried out until 31 December 2014, § 8 in the version of Federal Law Gazette is I no 189/2013 continue to apply."

Fischer

Faymann