Implementation Of Community Market Regulation Measures In The Wine Sector

Original Language Title: Durchführung von gemeinschaftlichen Marktordnungsmaßnahmen im Weinbereich

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279. Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the implementation of Community market measures in the wine sector

On the basis of § § 6, 7 (1) Z 14 and 15 and (4), 22, 28 and 32 (3) of the Law on the Market Order 2007 (MOG 2007), BGBl. I n ° 55/2007, as last amended by the Federal Law BGBl. I No 189/2013, shall be arranged:

Section 1

General provisions

Scope

§ 1. (1) The provisions of this Regulation shall be implemented

1.

of Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets, OJ L 327, 31.12.2007, p. No. OJ L 299, 16.11.2007, and

2.

Regulation (EC) No 555/2008 laying down detailed rules for the application of Regulation (EC) No 479/2008 as regards support programmes, OJ L 327, 31.12.2008, p. No. OJ L 170, 30.6.2008,

with regard to Community market organisation measures in the wine sector.

(2) Community market measures in the wine sector within the meaning of this Regulation are the following measures, as set out in Regulation (EC) No 1234/2007:

1.

Promotion on third country markets (Art. 103p),

2.

Restructuring and conversion (Art. 103q) and

3.

Investment (Art. 103u).

Responsibility

§ 2. (1) The competent authority shall be responsible for the enforcement of the acts referred to in Article 1 and this Regulation:

1.

for the approval of applications for participation in and implementation of the measures referred to in § 1 paragraph 2 of the Federal Minister for Agriculture, Forestry, Environment and Water Management (BMLFUW);

2.

in order to monitor the implementation of the approved measures in the field of

a)

Restructuring and conversion the body responsible for the management of the vineyard in accordance with the wine-growing laws of the countries (hereinafter referred to as the cadastral site),

b)

Investments in the federal states of Carinthia and Upper Austria the respective office of the provincial government;

c)

Investment in the rest of the Federal Republic of the Federal Agricultural Chamber at the district level for the registered office of the farmer;

3.

in respect of all other provisions relating to the granting of aid and financial management, the market organisation "Agrarmarkt Austria" (AMA).

(2) The application for the implementation of measures in the field of restructuring and conversion shall be submitted to the cadastral body through the competent county office of the respective Land-Agriculture Chamber.

(3) Applications for sales promotion on third country markets must be submitted to the BMLFUW.

(4) Applications for investment promotion shall be submitted at the district level of the agricultural chamber responsible for the registered office of the holder. In federal states, where there is no agricultural chamber at the county level, the country's agricultural chambers are responsible for their position.

Definitions, terms, general rules

§ 3. For the purposes of the "Restructuring and conversion" and "investment" measures of this Regulation, the term "establishment" shall mean the totality of the production units managed and operated by the shipyard, which are located in the territory of the same undertaking. Member State.

(2) All the land and land-related information provided by this Regulation shall be in accordance with the BMLFUW Regulation on the integrated management and control system in the area of direct payments, on compliance with other obligations (Cross Compliance) and other horizontal rules (INVEKOS-CC-VO).

(3) As appropriate proof of payment within the meaning of this Regulation: the written confirmation of the bank that a certain payment has been made; the statement of account by amount and Valuta; an Internet expression from which the amount is co-signed with the a date for "Valuta", "Value" "Implementation" or the like. Stamps on the payment receipt such as "accepted for payment" or the like shall not be considered as proof of payment. Where a payment receipt or invoice bears the words "retention of title" or equivalent, the eligible holding shall submit a written confirmation from the competent bank confirming that the Bank shall provide the BMLFUW with the If the retention of title is to be notified immediately, it will be informed. From the proof of payment submitted, it is clear that the payment has been made by the promotional advertiser. Payment is also the payment by a person who is in close family relationship with the promotion advertiser (spouse, spouse, partner, life companion, son, daughter, mother, father, brother sister), if it is proven that this is the case. is involved in the operation of the conveyor. If the respective invoice amount exceeds € 5,000 net, an unable payment has to be proved.

(4) A counter-settlement, as well as the use of credits, credit on exchange exchanges or the like, shall not be a suitable payment method within the meaning of this Regulation.

(5) In order to assess the timing of the start of work in accordance with § 11 and the date of commencement of the investment gem. § 17 shall be the date of the receipt of invoice receipts and/or delivery notes. A down payment, a legally binding order, a trial run or the like from the invoice documents corresponds to a start of work or the like. Start of investment. If the start of work and/or delivery seems to be due to the receipts and/or delivery notes to be ordered, Start of the investment before the investment in § 11 or in Article 17, the measure concerned may be applicable to the measure concerned. No promotion is granted.

(6) Where invoices and proof of payment are submitted by the promotional advertiser, which items include items which are not of doubt relevant to the determination of the grant amount, these items shall be identified by the promotional advertiser. If no information is made available, the amount of the invoice in question shall be reduced by twice the amount of the non-relevant items.

(7) If a foreign currency invoice is paid in euros, the euro amount, which can be calculated from the proof of payment, shall be charged exclusively to all bank charges by the promotional advertiser on the invoice. If the invoice is paid in the foreign currency, the conversion rate of the 1 is in the case of investment promotion. Jänners of the year of expert opinion in accordance with. § 19 (2) and, in the case of sales promotion on third country markets, the conversion rate of the application date of the settlement according to the provisions of Article 19 (2). § 6 (1).

(8) In general, non-eligible expenditure within the meaning of this Regulation is: nominal interest, non-paid invoice subamounts (e.g. discounts, rebates), refundable value added tax, purchase of non-unequitably project-related movable goods, Customs fees, cancellation fees, parking fees, tolls and motorway tolls. In addition, the additional costs of investments such as transport, travel and overnight costs of assembly personnel, service, disposal of waste material, commissioning and the like are not eligible.

(9) Investments and purchases, which disproportionately cost in comparison with equivalent investments and purchases, are not encouraged. The BMLFUW is entitled to decide on the appropriateness and proportionality of the costs of the individual investments and purchases by means of the assistance of experts.

(10) Only accounting documents of companies authorised for the respective activities are to be taken into account. The accounts must show all the individual positions required for the determination and control of the grant amount and the corresponding sub-amounts.

Section 2

Promotion on third country markets

Eligible measures and markets

§ 4. (1) The eligible measures in accordance with Article 103p (3) of Regulation (EC) No 1234/2007 i.V.m. Art. 4 of Regulation (EC) No 555/2008 is listed in Annex I.

(2) The eligible measures may be applied to Austrian land wines, quality wines and vine variety wines on all third country markets.

(3) With regard to the criteria to be determined. Article 5 (2) of Regulation (EC) 555/2008 must be the basic objective of promotion measures to promote awareness, the image and the marketing of Austrian wine. The promotion measures can affect all aspects of Austrian wine culture (wine from Austria-precious culture in the heart of Europe, wine-growing areas, terroir, climate, grape varieties, wine styles, wine architecture, cuisine, wine tourism, etc.). As quality arguments, Austria's main areas of cultivation, the most important grape varieties and wine styles, as well as the dynamism of the Austrian wine industry, are to be brought to the fore. The Austrian wine is to be positioned as an inseparable part of Austrian and European culture. In doing so, cross-connections with tourism, art and science are possible and desired. The combination of centuries-old Austrian wine-growing tradition with modern gourmet culture, the tension between natural cultivation and efficient cellar technology is to be part of the statement of the promotion measures.

Selection procedure

§ 5. (1) Programmes with the proposed promotion measures in accordance with. Annex I and a list of the costs to be expected per measure, third country and year shall be submitted to the BMLFUW in writing at any time from 16 September 2013. The proposed programme shall also include: a description of the operation, its export activities as a whole and its capacity for the implementation of the proposed actions of the programme, at the time of the Programme creation of up-to-date export data for the planned third countries, as well as an assessment of the development of export data after the implementation of the programme.

(2) The BMLFUW can obtain an evaluation by the Austrian Chamber of Agriculture, the Austrian Chamber of Commerce and the Austrian Wine Marketing GmbH for the selection of the appropriate programmes. It shall decide on its approval within 3 months from the date of the proposal for a programme.

(3) The conclusion of the contract in accordance with. Art. 5 (1) (lit). Regulation (EC) No 555/2008 takes place by the release of an approval certificate from the BMLFUW. The letter of approval shall include the measures to be taken, the financial resources required, the implementation period and the methods of payment. Once the approval certificate has been issued, a separate account shall be set up by the eligible holding, which shall be the sole purpose of payments for the purpose of carrying out the programme.

(4) A resignation from the implementation of the approved measures is possible as long as no aid has been paid out; the resignation shall be notified in writing to the BMLFUW.

(5) Changes in an already approved programme, resulting in a reduction of the approved total cost of more than 30% or leading to a substantial change in the approved measures and/or target markets, shall be immediately and immediately to the BMLFUW; in writing. The change is to be decided in a modest way, and the BMLFUW can evaluate it in accordance with. (2). A change must not lead to any increase in the overall cost of the programme.

(6) The eligible costs of a programme shall be at least 50,000 euros net. In the case of programmes with a cost of more than € 1 million Euro for measures in accordance with In addition, Annex I shall also be eligible for the personnel costs of the aid worker in connection with the implementation of these measures. These costs may not exceed 5% of the total eligible costs.

Completion of programs, accounting

§ 6. (1) For each programme, a settlement may be drawn up with 31 December and 30 June, provided that the programme for the first settlement has already been approved for more than two months. At these points in time, the application for an advance payment is also in accordance with. Article 5 (7) of Regulation (EC) No 555/2008 is possible. For programmes with a maturity of more than one year, at least 1 accounting per year shall be submitted. The final settlement shall be drawn up after the completion of all the measures in the programme-but no later than 6 months after the end of the programme period-and shall relate, where appropriate, to the period since the last preceding settlement.

(2) Each billing shall be an overview of the implementation of the measures contained in the programme in the accounting period and a financial statement containing a statement of the expenditure incurred per measure and destination country, including the accounts and the accounts. Add your payment credentials in the original. National accounts of several measures must include the costs of each measure. The final settlement shall also be accompanied by an evaluation of the results of the sales promotion programme which can be determined at the time of reporting. This assessment also has a comparison of the assessment of the development of export data over the programme period (gem. § 5 (1)) and the actual export data.

(3) The accounts referred to in paragraphs 1 and 2 shall be submitted to the BMLFUW and shall be deemed to be a request for the grant of the aid.

(4) The AMA decides on the granting of the aid on the basis of an expert opinion from the BMLFUW.

(5) The submission of a programme for further promotion measures requires the conclusion of all promotion measures under a previous programme.

Section 3

Restructuring and conversion

Plan Design

§ 7. (1) Each wine-building driver (cultivator of a vineyard on his own account and at risk) shall be entitled to submit a draft on a plan for the implementation of the conversion (conversion plan) in accordance with Article 103q of Regulation (EC) No 1234/2007. If the wine-building driver is not the owner of the land on which the conversion measure is carried out, it shall have the written consent of the owner of the property or a different proof of his entitlement to carry out the To submit a conversion measure. If an owner is bypassed, the application shall nevertheless be effective and any claims for damages shall be asserted in the civil law path.

(2) The draft plan shall have a detailed description of the proposed conversion measure in accordance with § 8, the land plots covered by this conversion measure, all the necessary land-related information, the expected actual to include planted area after the implementation of the conversion measures and the scheduled date for the implementation of the conversion measures. In the case of the sub-measure "Böschungsterrassen" in accordance with Annex II, lit. B and the partial measure "Wall terraces" as set out in Annex II lit. C has the plan design to the expected extent (running meter or Square meter) of the recultivation or re-erection of the embankment or Wall to include. Furthermore, a map printout (court card or the like) is to be added to the plan design, from which the parcels-sharp position or the like can be made. The demarcation of the conversion measures can be seen.

(3) The draft plan shall be made by means of a form from 16. The report shall be submitted by the competent authority responsible for verifying the conformity of the land-related information with the entries in the vineyard register in October 2013. This has to be done through the relevant county office of the respective country-agricultural chamber. The Landeslandwirtschaftskammer (State Chamber of Agriculture) is entitled to obtain information from the applicant in order to assess the marketing and marketing opportunities associated with the implementation of the plan. The cadastral authority shall, in any case, also by means of an on-the-spot check, verify that the information provided by the applicant in the form is in accordance with the entries in the winemaker's register. If the draft plan contains the sub-measure "Irrigation" in accordance with. Annex II, lit. D, the on-the-spot check is mandatory in order to be able to rule out the possibility that irrigation already exists on the area requested. The cadastral body shall record the results of these verifications in the form.

(4) If the conversion measure is to be carried out on land falling within the local area of responsibility of a number of cadastral bodies, the promotional material itself shall have the endorsements of each of the cadastral bodies responsible for the conversion of the land concerned. , and to submit the fully confirmed application form at the registry responsible for its registered office.

(5) The cadastral body shall forward the draft plan, examined in accordance with paragraph 3, to the BMLFUW.

(6) The BMLFUW has to approve the draft plan in the event of all the necessary conditions, or to reject it in the absence of one or more of the conditions. The decision to approve it shall include: the conversion measure (s), the land concerned and the estimated total amount of the aid.

(7) The BMLFUW is entitled to draw experts of its choice for the evaluation of submitted conversion plans with a view to the suitability for the adjustment of the production to the market demand. If this evaluation finds that a proposed conversion plan is not suitable for the adjustment of production to market demand, the BMLFUW has to reject this plan with a communication.

Conversion measure and aid level

§ 8. (1) The conversion measure presented in the draft plan shall be composed of one or more of the partial measures defined in Annex II. Applicants shall choose the appropriate conversion measures themselves and shall ensure that production is optimally adapted to the market conditions applicable to the operation.

(2) The aid shall be granted, with the exception of the sub-measure "irrigation in stone masonry terraces" referred to in Annex II (lit). D, fixed as a lump sum per hectare, per meter or square metre. The level of aid of the individual measures and the increase in the aid in the case of the use of a right of replanting resulting from a grubbing-up in the context of the implementation of the conversion plan are listed in Annex III.

(3) The level of aid for the sub-measure "irrigation in stone masonry terraces" referred to in Annex II (lit). D is 50% of the cost of the installation, but a maximum of 6,440,-Euro/ha. The costs of the installation are calculated from the material costs and the activities for the production of the irrigation functionality, except for excavation and excavation work. Where irrigation is established within the framework of a joint project, the costs incurred by the respective eligible operations shall be based on the total cost of the invoice, which is to be charged on the basis of the invoice. Community projects by the Community; the accounting documents are to be submitted to the BMLFUW.

(4) The re-planting of the same area with the same variety in accordance with the same management techniques is not a conversion measure.

Basic items eligible for State aid

§ 9. (1) They are the one in the communication. Article 7 (6) shall be entitled to aid. If, in the course of the conversion measure, a vineyard is newly created, either an existing vineyard can be cleared and/or an existing planting right can be used. If a right of planting is granted from the regional reserve set up in accordance with the Styrian Provincial Wine Act, no conversion aid may be granted for the vineyard planted on that basis.

(2) The size of a reed area shall not be less than 10 ha, and the sum of the reed areas shall not exceed 10 ha per application. On terrace facilities, the area covered must include at least 250 vines. Where an existing vineyard is cleared under the conversion measure, the tanned vineyard shall also not be less than 10 ares or less than 10 ares or more. on terraced plants not smaller than 250 vines.

(3) holdings which have a premium for the final abandonation of the wine-growing sector in accordance with Chapter III of Title V of Regulation (EC) No 479/2008; Part II, Title I, Chapter III, Section IVa, subsection III of Regulation (EC) No 1234/2007, shall be excluded from the measure 'Restructuring and conversion'.

(4) Reconversion measures can be carried out in the wine-growing regions of Lower Austria, Burgenland, Vienna, Carinthia, Upper Austria and Styria.

Multi-execution

§ 10. The multiple implementation of a sub-measure on the same area is excluded for the duration of the "Restructuring and conversion" measure. Exceptions to this are cases of force majeure such as frost damage, plant diseases or landslides (not, however, disease of the subsidy), which require the multiple implementation of a partial measure. The maximum limits according to. Annex II, lit. B Pkt. 5 and lit C Pkt. 4 shall also apply in cases of force majeure.

Work Start

§ 11. With the work on the conversion measure, it must-incomprehensible to the approval in accordance with. § 7 (6)-do not begin before the examination of the information of the application by the cataster-leading authority in accordance with § 7 paragraph 3.

Completion of work

§ 12. (1) Where an existing vineyard is cleared in the context of the conversion measure, the completion of the conversion work shall be notified in writing by means of a form by 1 June 2018 at the latest to the relevant cadastral authority. If no existing vineyard is cleared under the conversion measure, the completion of the conversion work shall be made in writing by means of a form within 2 years from the modest approval of the conversion plan in accordance with the procedure of the conversion plan. Section 7 (6) of the competent cadastral authority shall be notified, but no later than 1 June 2018. In the event that a number of job-leading bodies are affected, Section 7 (4) of this Regulation shall apply mutagenicly. The notification shall be deemed to be a request for the granting of the conversion aid.

(2) The receipt of accounting documents and associated proof of payment relating to one of the submeasures "irrigation in stone masonry terraces" referred to in Annex II (2). D the installation shall be presented to the responsible post in the original in the original together with the notification of the completion of the work.

(3) The cadastral body shall review the entire implementation of the approved conversion action on the spot and the outcome of this review (where appropriate, together with the transmission of the accounting documents and related documents relating to the accounts) shall be reviewed. To submit proof of payment) to the BMLFUW. Such transmission shall be within three months of the end of the period in accordance with the deadline. Paragraph 1, but not later than 1 July 2018 in the BMLFUW.

(4) In the case of the new installation of a vineyard, the conversion measure shall be deemed to be completed if all the work steps have been completed to the extent that a lasting, future economic use of the area as a yield vineyard is ensured. Finalising works can also be carried out after completion of the activities within the framework of the conversion measure.

Grant of the amount of aid

§ 13. (1) The test results according to § 12 (3) shall be ranked in the BMLFUW after they have been received (including all required supplements).

(2) The AMA shall decide on the granting of the aid at the end of the work in accordance with the conditions laid down in the following. (1), in accordance with the resources made available by the European Union, and on the basis of an expert opinion drawn up by the BMLFUW.

(3) Subject to cases of force majeure, such as frost damage, plant diseases or landslides (but not the sickness of the aid worker), the following shall apply: shall the conversion measure be carried out within the time limits according to. § 12 para. 1 not entirely, but to an extent of at least 70% of the gem. § 7 (6), the aid shall be reduced by the corresponding amount. If the conversion measure is carried out within the time limits according to. § 12 para. 1 to less than 70% completed, no aid shall be paid out. An amount exceeding the extent indicated in the application (m² vines,% slope, terraced slope or terrace wall) of one or more completed sub-measures shall not be included in the payment of the aid. consideration.

Resignation, Changes

§ 14. (1) A written withdrawal of the application for the approval of the plan is possible as long as no decision has been taken on the granting of the aid in accordance with Section 13 (2).

(2) Changes to the gem. § 7 para. 6 of the approval notice as well as the reasons for this are to be requested in writing immediately by way of the cataster-leading office at the BMLFUW. The BMLFUW has to decide on these changes in a modest way. The change of a modest-approved conversion plan can only take place once and does not extend the deadlines according to. Art. 12 (1).

Section 4

Investment

Aid eligible, application

§ 15. (1) eligible eligible persons for the use of the support under Art. 103u of Regulation (EC) No 1234/2007 are:

1.

Establishments which produce or market products listed in Annex XIb of Regulation (EC) No 1234/2007 (proof of production or marketing by appropriate access and/or disposal in the inventory report in accordance with the Wine Act) and

2.

in the area of investments "clarifying facilities", "equipment for the processing of rubble" and "bottling facilities", also wine-making associations and existing communities and/or companies of persons and undertakings which are part of a Machine rings are organized or are to be held to the same level.

(2) The application shall be made by means of a form from 16. October 2013 at the district office of the Chamber of Agriculture and/or in Upper Austria and Carinthia, to the office of the Land Government. The form is to describe the planned investment (a combination of several investments is possible), the need for the investment to be justified and it is-with the exception of wine-growing associations and communities and/or companies. in accordance with (1), second subparagraph-to show how the planned investment will affect the improvement of the total operating performance. In addition, the estimated costs (these may exceed 10% of the costs arising from the cost estimates to be paid) are to be incurred. If the investment does not seem to correspond to the current economic situation of the holding, the promotional advertiser shall carry out a detailed and reasoned presentation of the planned operational development.

(3) The application shall be submitted to the application, except in the case of wine associations and communities and/or companies in accordance with. (1), second subparagraph,-settle a copy of the existing notification (of the date immediately preceding the date of the application) of the grant-aid worker. The application shall also be accompanied by detailed estimates of the cost of the investment measures requested for the implementation of the investment in the relevant industrial property. These estimates must be at least the individual positions and specifics in accordance with. Annex IV shall form the basis for authorisation in accordance with the provisions of Annex IV. Paragraph 7.

(4) The district office of the Chamber of Agriculture or in Upper Austria and Carinthia, the Office of the Land Government shall, if necessary, also by means of a local inspection, assess the feasibility of the information provided by the applicant and record the result of this evaluation on the form.

(5) Should the investments fall within the local area of responsibility of several county offices of the Chamber of Agriculture, the eligibility criteria shall include the endorsements of the individual district offices of the Chamber of Agriculture. .

(6) The district office of the Chamber of Agriculture or in Upper Austria and Carinthia, the Office of the Land Government shall forward the application, which has been assessed in accordance with paragraph 4, including all necessary supplements to the BMLFUW.

(7) The BMLFUW has to approve the application in case of all necessary conditions, or to reject it in the absence of one or more of the conditions. The decision to approve shall include the investment measures and the estimated total amount of the aid.

(8) The BMLFUW is entitled, experts of its choice for the evaluation of the submitted applications with regard to the suitability for improving the overall performance of the operation and the appropriateness with the economic conditions of the operation - If this evaluation finds that the planned investments are not suitable for improving the overall performance of the holding and that the economic situation of the holding, which can be expected in the future or in the future, is not appropriate, the BMLFUW has to reject this plan.

Investment and eligible investment sums

§ 16. (1) The application shall include one or more of the investments defined in Annex IV. The appropriate investments shall be chosen by each of the aid workers themselves and shall ensure the optimum improvement of the overall performance of the plant.

(2) The level of aid amounts to 30% of the eligible investment total, except for the investment "bottle filling equipment" in accordance with. Annex IV Pkt. 5; for the latter, the level of aid shall be 25% of the eligible investment. The maximum amounts of investment for each investment, which are eligible for the respective aid in the context of the 2014-2018 funding period, are set out in Annex IV. For aid-advertisers in accordance with Section 15 (1), first subparagraph, of which, in accordance with Section 15 (3) of the inventory report, a "sum of departure" from the columns "Wine", "Wine with variety and vintage", "Landwein", "Quality wine b.A.", "Prädikatswein" and "sparkling wine and other wines". other products " of more than 500,000 litres, the maximum eligible investment amounts fixed in Annex IV (1), (2), (3), (4) and (6) shall be doubled, in the case of the bottling facility in accordance with the provisions of the measure referred to in Article 6 (2), Annex IV Pkt. 5 is the max. Aid amount 350.000,-Euro. The lower limit for the eligible net costs of each investment in Annex IV shall be EUR 2,000.

(3) If the investments are 'clarifying facilities', 'equipment for scrubbing treatment' and 'bottle-filling facilities' of wine-growing associations or communities and/or companies in accordance with According to Article 15 (1), second subparagraph, the maximum eligible investment amount set out in Annex IV shall be doubled.

(4) The acquisition of used equipment and equipment does not constitute an eligible investment.

(5) holdings which have a premium for the final abandonation of the wine-growing sector in accordance with Chapter III of Title V of Regulation (EC) No 479/2008 and Part II, Title I, Chapter III, Section IVa, subsection III of Regulation (EC) No 1234/2007, shall be excluded from the use of investment promotion.

Start of investment

§ 17. With the investment, it is possible-incomprehensible to the approval in accordance with. Section 15 (7)-not before the evaluation of the readability of the information in accordance with Section 15 (4) by the district office of the Chamber of Agriculture and/or in Upper Austria and Carinthia are started by the Office of the State Government.

Completion of the investment

§ 18. (1) The investment measures shall be completed within 2 years from the date of the modest approval of the investment measures. The conclusion of the investment shall therefore be made in writing by means of a form within 2 years from the date of its modest approval, but no later than 1 June 2018, the competent district office of the Chamber of Agriculture or in Upper Austria and Carinthia, to inform the Office of the State Government. In the event that several county offices are affected, Section 15 (5) shall apply mutatily. The notification shall be deemed to be a request for the granting of investment aid.

(2) In the communication referred to in paragraph 1, a detailed list of the investments made and of the costs incurred shall be presented in a comprehensible way. In addition, all documents shall be included in the original on the costs incurred in the notification referred to in paragraph 1. The investment measures completed must be indicated in the holding in such a way that it is also easily possible for non-operating persons at any time to make the investments in question without doubt in the case of the accounting documents which are to be covered by the accounts. To be able to connect.

(3) If the investment has been made within the framework of a broader overall project, the accounting documents shall be separated and the individual costs shall be substantiated in a comprehensible manner.

(4) The district office of the Chamber of Agriculture or In Upper Austria and Carinthia, the Office of the State Government shall, on the basis of the list of investments made and the cost statements, have to control the completion of the investment on the spot and then have a test report, including the To submit proof of payment to the BMLFUW. Such transmission shall be within three months of the end of the period in accordance with the deadline. Paragraph 1, but not later than 1 July 2018 in the BMLFUW. The audit report shall be supplemented by a photo documentation of the investment measures carried out in the course of the on-the-spot check.

(5) The investment shall be deemed to be completed when all the work steps have been completed to such an extent that a lasting, future economic use of the investment is ensured.

(6) A retention period of 5 years from the communication shall apply to the completed investment project. § 19 (2). This means that either no significant changes in the investment have been made within the period of 5 years or the ownership conditions have not changed or the operating activity has not been abandoned. A transfer of ownership to a person who is in close family relationship with the promotion advertiser (spouse, spouse, partner, life-mate, son, daughter, mother, father, brother sister), who can be proven to be in the promotion-value business shall not constitute a change in the ownership of the property. If the investment is owned by a community in accordance with Article 15 (1), second subparagraph, changes in the personal composition of the Community and changes in company law resulting from it do not constitute a change in the ownership structure.

Grant of the amount of aid

§ 19. (1) The test results according to § 18 (4) shall be ranked after their entry (including all required supplements).

(2) On the granting of the aid, the AMA shall decide, on completion of the work, on the basis of the presentation of the results of the test and on the basis of the resources made available by the European Union, on the basis of a Expert opinion of the BMLFUW.

(3) A request for a further new investment will result in the completion of the previous investment.

(4) Aid in excess of the investment aid determined in accordance with Article 15 (7) of the approval decision shall not be taken into account in the payment of the payment.

Resignation, Changes

§ 20. (1) A written withdrawal of the application for the approval of the plan is possible as long as no decision has been taken on the granting of the aid in accordance with Section 19 (2).

(2) Changes to the gem. § 15 para. 7 of the approval notice as well as the reasons for this are to be submitted in writing to the BMLFUW. If additional investment is requested by the change or is increased by the change that was originally with a notice. Article 15 (7), the application has to be submitted no later than 3 months before the end of the period. Section 18 (1) by way of the competent district office of the Chamber of Agriculture or in Upper Austria and Carinthia, by means of the Office of the State Government. The necessary documents must be attached. The BMLFUW has to agree to these changes in a modest way or to reject these changes in a modest manner. The amendment of a modest-approved application can only take place once and does not extend the period in accordance with the deadline. Art. 18 (1).

6.

Common provisions

Notification duty

§ 21. The Promotion Agency shall have any change leading to the fact that the actual or legal circumstances no longer agree with its information in the application, to notify the BMLFUW in writing without delay.

Recording and retention obligations

§ 22. The Promotion Agency shall keep all the books, records and supporting documents relating to the granting of aid with the diligence of a prudent businessman for five years, unless longer periods of retention by other means Legislation. The retention period shall begin at the end of the wine year in which the aid has been granted.

Disclosure and co-action obligations

§ 23. (1) The promotional advertiser shall have the organs and the officer of the BMLFUW, the AMA, the Federal Food Inspectorate, the cadastral authorities, the district offices of the Chamber of Agriculture and/or in Upper Austria and Carinthia of the Office of the Land Government, the Austrian Court of Auditors, the certifying body for the closure of the accounts and the institutions of the EU (hereinafter referred to as 'the audit bodies'), entering into the premises of the European Union and the To allow production areas during or after agreement and to provide, on request, the relevant books, in particular the cellar book, records, documents and other documents, for inspection, information on the production areas, and to provide the necessary support.

(2) The audit bodies are authorized to inspect the accounting records, in particular in the cellar book, into the inventory directory and in all the documents of the applicant required for the examination from the point of view of the audit bodies. The testing authorities are also authorized to produce photo documentation during the on-the-spot check.

(3) In the course of the examination, the applicant, or a suitable and informed person, shall be present to the applicant, 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 to the applicant.

(5) In the case of automation-assisted accounting, the sponsoring advertiser shall, at his expense, draw up printouts on request with the necessary information.

(6) If third parties have become active for the promotional advertiser, the provisions of paragraphs 1 to 5 shall also apply to them.

(7) The obligations laid down in paragraphs 1 to 6 shall also apply to the legal successor in the case of the complete or partial transfer of the holding.

(8) The inspection bodies may, at any time, require further documentation, the presentation of originals or the certification of signatures, in order to prove the information received by the promotional advertiser, if this is necessary for the proper implementation of the measure is required.

Control

§ 24. In accordance with the relevant legislation, the institutions and representatives of the Federal Minister for Agriculture, Forestry, the Environment and the Environment are responsible for the control of the implementation of the Community market rules. Water management, the AMA, the cadastral bodies, the district offices of the Chamber of Agriculture and/or in Upper Austria and Carinthia of the Office of the State Government, of the European Union, of the Court of Auditors and of the Bundeskellereiinspektion.

Form sheets

§ 25. To the extent that forms are created by the BMLFUW or the AMA, these are to be used.

Recovery

§ 26. (1) The AMA may, on the basis of an expert opinion from the BMLFUW, under the application of Article 97 of Regulation (EC) No 555/2008 and Article 81 (4) of Regulation (EC) No 1122/2009, be subject to the recovery of an amount per farmer and Payment Year

1.

less than 100 euro (interest not included) or

2.

less than EUR 50 if the interest has to be recovered separately from the sums unduly paid,

Distance, if the administrative burden is disproportionate to the amount of the amount to be recovered.

(2) In order to calculate the interest in accordance with Article 80 (2) of Regulation (EC) No 1122/2009 in the event of a recovery, the notification of the recovery notice shall be presumed on the third working day following the post-post mission.

(3) In the course of the recovery of unduly paid amounts, the corresponding amount shall be deducted from the AMA of advances or payments after the cancellation of the recovery decision.

(4) Subpayments and partial compensation shall be credited first to the capital and only after the capital's repayment of the capital.

Payment deadline

§ 27. (1) All measures shall be deemed to have a reasonable period of payment. Art. 37 lit. (b) (ii) of Regulation (EC) No 555/2008, a payment of the aid in accordance with the classification of the test results after they have been received by the BMLFUW and/or a payment of the aid, ensuring the best possible use of the resources made available by the European Union for the corresponding financial year, and the allocation of the aid as well as possible to the individual Aid and individual measures.

(2) The transmission of the information in accordance with Art. 37b (1) of Regulation (EC) No 555/2008 has up to 1 Jänner of the year following the financial year in question.

Budget Management

§ 28. (1) The overall budget provided by the EU for the years 2014 to 2018 for the implementation of the market order measures referred to in Article 1 (2) (Annex Xb of Regulation (EC) No 1234/2007) shall be adopted by decision of the National Wine Committee the individual market organisation measures.

(2) It is clear that the estimated sum of the grants from the approved applications indicates that a predominant proportion of the funding already exists. In the case of budgets allocated to the individual market organisation measures, at least until the decision has been taken, it may be necessary to do so in accordance with the procedure laid down in paragraph 1. Paragraph 3 shall not be submitted for any further applications for the measure concerned.

(3) The further procedure for the respective measure shall be determined by the BMLFUW after consultation of the National Wine Committee.

Penalties

§ 29. Where an eligible establishment does not fulfil the conditions or requirements of this Regulation or in any other way violates the provisions of this Regulation, disbursements may be refused or repaid amounts recovered .

Override

§ 30. With the entry into force of this Regulation, the Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management will enter into force for the implementation of Community market planning measures in the wine sector 2010, BGBl. II No 112, except for force. Applications submitted on the basis of the latter Regulation shall continue to be dealt with in accordance with the latter Regulation.

Berlakovich