279. Regulation of the Federal Minister for agriculture and forestry, environment and water management to carry out Community market regulation measures in the wine sector
On the basis of § § 6, 7 para 1 Nos. 14 and 15 and paras 4, 22, 28 and 32 para 3 of 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 prescribed:
General terms and conditions
Scope of application
1. (1) the provisions of this regulation serving the implementation
1. Regulation (EC) No 1234/2007 establishing the common organisation of the agricultural markets, OJ No. L 299 of November 16, 2007, and 2 of Regulation (EC) No. 555/2008 laying down detailed rules for the application of Regulation (EC) No. 479/2008 with respect to the support programmes OJ No. L 170 of 30.6.2008, regarding Community market regulation measures in the wine sector.
(2) common market regulation measures in the wine sector within the meaning of this regulation are the following Regulation (EC) No. 1234/2007-led measures:
1 promotion on third-country markets (art. 103 p), 2. restructuring and conversion (article 103q) and 3. investments (article 103u).
Section 2 (1) for the execution of the legal acts referred to in paragraph 1 and of this regulation are responsible:
1. for the approval of proposals on participation in and implementation of the measures referred to in § 1, para. 2 of the Federal Ministry of agriculture and forestry, environment and water management (BMLFUW).
2. for the control of implementation of approved measures in the area of a) restructuring and conversion the body which is charged according to the wine laws of the countries with the leadership of the vine surface directory (in the following cadastral leading authority), b) investments in the Federal States of Carinthia and Upper Austria the respective Office of the provincial government;
(c) investments in the other provinces the locally responsible for the headquarters of the owner of the Business Chamber of agriculture at the district level;
3. with respect to all other provisions relating to the granting of aid and the financial settlement the market place "Agrarmarkt Austria" (AMA).
(2) the request for implementation of measures in the area of restructuring and conversion is to submit the cadastre leading authority means the competent District Office of the Chamber of Agriculture of the country.
(3) requests for promotion on third-country markets are to submit the BMLFUW.
(4) applications for investment support shall be submitted at the locally responsible for the headquarters of the owner of the Business Chamber of agriculture at the district level. In Germany, where there is no Chamber of agriculture at the district level, the country's Chambers of agriculture are responsible in their place.
Definitions, terms, general rules
Refer to section 3 (1) in the sense of the measures of "Restructuring and conversion" and "Investment" this regulation "holding" the entirety of managed by the recruiters of promotion of and operated production units are located in the territory of the same Member State.
(2) all area and land claims in this regulation are in accordance with the regulation of the BMLFUW via the integrated administration and control system in the area of direct payments, to understand about the other commitments (cross-compliance) and other horizontal rules (IACS-CC-VO).
(3) as suitable evidence of payment within the meaning of this Regulation shall apply: the written confirmation from the Bank, that a certain payment has been carried out the account statement with amount and currency; an Internet expression which the amount together with a date for "Value", "Value" "Implementing" or similar should be clearly marked. Stamp on the payment document as "Transferred to the payment" or similar are not considered proof of payment. A payment receipt or an invoice bears the note "Retention" or identical, the promotion-advertising company has to submit a written confirmation from the competent Bank acknowledges that the Bank shall inform the BMLFUW in the case of the assertion of the retention without delay. From the submitted payment evidence has undoubtedly emerge that the payment is made through the advertisers of promotion of. Also the payment by a person standing in her close family relationship to the promotion advertising deemed was such payment (spouse, spouse, cohabitee, partner, son, daughter, mother, father, brother sister), if these demonstrably engaged in promotion affiliate operation. The respective invoice amount exceeds 5.000 euro net, so a non-cash payment must be demonstrated.
(4) a counter accounting as well as the use of credits, credits on file sharing networks or similar are not suitable method of payment within the meaning of this regulation.
(5) for the assessment of the timing of the work beginning gem. § 11 and the timing of the commencement of the investment gem. § 17 the date is relevant invoice and/or delivery note reference having. Deposit apparent from the invoices, a legally binding order, a trial operation or the like is a starting work or beginning of the investment. Is work beginning apparent from the related having invoices or delivery notes or beginning of the investment before the date laid down in section 11 or section 17, no support may be granted for the measure concerned or invoice.
(6) by the advertising of promotion of invoices and proof of payment provided, include which items that are undoubtedly not relevant to the determination of the amount of promotion, this post by the recruiters of promotion of are marked. No identification, is the identifiable amount of the invoice to the double of the amount of non-relevant items will be reduced.
(7) If a foreign currency account in euro is paid, the apparent from the proof of payment Euro price exclusive of all bank charges by the promotion of advertisers on the invoice is to lead. Will be paid the account in the foreign currency, section 19 para 2 is so in the case of promoting investment in the exchange rate of 1 January of the year of the opinion pursuant to apply and, in the case of promotion on third-country markets to apply the conversion rate of application date of reckoning gem. § 6 para 1.
(8) in General not eligible expenditure within the meaning of this regulation is: interest on debt, not paid invoice subtotals (such as cash discounts, discounts), reimbursable VAT, purchase of not clearly project-related moving goods, customs fees, cancellation fees, parking fees, tolls and highway tolls. Not eligible costs of investments such as transport, travel and accommodation costs of mounting personnel, service, disposal of waste material are also commissioning and the like.
(9) investment and purchases, which cause disproportionately high costs in comparison with equivalent investments and acquisitions, not promoted. The BMLFUW is entitled to decide on the appropriateness and proportionality of the cost of individual investments and purchases by the attendance of experts.
(10) there are only invoice for the respective activity into account gewerberechtlich permitted companies. All individual positions necessary for the investigation and control of the promotion amount and the corresponding amounts must be apparent from the invoices.
Promotion on third-country markets
Eligible operations and markets
4. (1) the measures eligible pursuant Article 103 p para 3 of Regulation (EC) No. 1234/2007 i.V.m. Article 4 of Regulation (EC) No. 555/2008 are listed in annex I.
(2) the eligible measures can be used for Austrian wines, quality wines and grape wines in all third country markets.
(3) with regard to the criteria to be set according art. 5 paragraph 2 which needs regulation (EC) 555/2008 the fundamental goal of the promotion be, to promote the awareness, image and sales of Austrian wine. The promotion can involve all aspects of Austrian wine culture (wine from Austria - precious culture in the heart of Europe, wine-growing regions, terroir, climate, grape varieties, wine styles, wine architecture, culinary, wine tourism, etc.). Austria's specific growing regions, the most important grape varieties and wine styles, as well as the dynamics of the Austrian wine industry to the fore should act as quality arguments. The Austrian wine should be positioned as an integral part of Austrian and European culture. Cross-links with the tourism, art and science are possible and desirable. The combination of centuries of old Austrian winemaking tradition with modern culture, the tension between natural cultivation and efficient cellar technology should be part of the statement the promotion measure.
§ 5 (1) programs with the proposed promotion com. I and with a statement of the costs to be expected per measure, country and year are annex at any time from September 16, 2013 in writing to present the BMLFUW. The proposed programme must also include: A description of promotion-advertising operation, its total exports and its capacities for the implementation of the proposed measures of the programme; the current at the time of program creation export data for the planned third countries, as well as an assessment of the development of the export data after the implementation of the programme.
(2) the management may seek a review by the Chamber of Agriculture of Austria and the Austrian Federal Economic Chamber Austria wine marketing GmbH to the selection of appropriate programs. Within 3 months from the receipt of the program proposal it decides on its approval.
(3) the conclusion of the contract as per article 5 par. 1 lit. of Regulation (EC) No. 555/2008 is done by issuing a permit of the BMLFUW. The permit has the measures to be implemented, the required financial resources, to include the period of implementation and the methods of payment. After issuing the permit account is from advertiser support operation to set up, about excluding the payments for the purposes of the implementation of the programme must be carried out.
(4) withdrawal of the implementation of the approved measures is possible, as long as still no aid has been paid; the resignation is the BMLFUW in writing.
(5) changes in an already-approved program, which lead to a reduction of in approved total costs by more than 30%, or lead to a substantial change of the approved measures and/or target markets, are to bring the BMLFUW immediately and in writing. The change is administrative decision to decide; While the BMLFUW may obtain a rating gem. § 2. A change may lead to any increase in the total cost of the program.
(6) the eligible costs of a program is at least 50,000 euros NET. Programs with eligible costs of more than EUR 1 million for measures according, also promote affiliate staff costs in connection with the implementation of these measures must annex I eligible. These costs may be higher than 5% of the total eligible costs.
Completion of the programmes, accounting
Section 6 (1) for each program can be created a settlement with 31 December and 30 June, as long as the program for the first settlement was already longer than 2 months approved. At these times also applying for an advance pursuant Article 5 is paragraph 7 of Regulation (EC) No. 555/2008 possible. At least 1 billing per year shall be provided for programs with a duration of more than 1 year. The final bill is after the completion of all activities of the programme to create - but not later than 6 months after the expiry of the period - and, if necessary, refers to the period since the last previous settlement.
(2) an overview of the implementation of the measures contained in the programme in the period, as well as an overview of finance with a statement of the expenditure per measure and target country including invoices and proof of payment in the original every statement shall be attached. Accounts need to contain the costs of individual measures on several measures. The final bill is also to settle a detectable at the time of the report evaluation of the promotion programme. This review has also a comparison of the estimation of the development of the export data in the course of the programme period (gem. § 5 ABS. 1) as well as to contain the actual export data.
(3) the statements referred to in paragraphs 1 and 2 shall be provided the BMLFUW and considered applying for the aid.
(4) the AMA on the basis of an expert opinion of the BMLFUW decides concerning the granting of the aid.
(5) the presentation of a programme of further promotion requires the completion of promotion actions in a previous programme.
Restructuring and conversion
Section 7 (1) each wine drive end (a vineyard on its own account and risk managers) is 1234/2007 entitled to submit of a draft of a plan for the implementation of the transition (transition plan) in accordance with article 103q of Regulation (EC) Nr. Wine driving at the end is not the owner of the plot on which the conversion measure is done, he has the written consent of the property owner or other proof of his authority to carry out the conversion measure to submit. Is an owner is skipped, the application is still effective and any claims for damages must be made on the civil way.
(2) the draft plan has a detailed description of the proposed conversion measure referred to in article 8, the land covered by this conversion measure, all land-related information necessary to contain the expected actually planted area after carrying out the conversion measures, as well as the date of the conversion measures. In the case of the Sub-measure "Escarpment terraces" in accordance with annex II lit. B and part action "Wall terraces" in accordance with annex II lit. C must include the plan design of the estimated scale (linear metres or square meters) of reclamation or construction of embankment or wall. The draft plan also is an expression of the cards to settle (Court card or similar), the sharp plot location and delimitation of the conversion measures can be seen in the.
(3) the draft of the plan is using form to submit October 16, 2013 the competent land leading to the verification of compliance of land claims with the entries in the grapevine area directory. This has to be done in the way of the competent District Office of the Chamber of Agriculture of the country. The agricultural Chamber has the right to obtain relevant information by the applicant to assess the marketing associated with the implementation of the plan design and sales opportunities. The cadastre leading authority has to verify if necessary also by a-site inspection, the conformity of the information of the applicant in the form with the entries in the wine-growing land. Contains the draft of the plan the Sub-measure "Irrigation" according annex II lit. D, so is mandatory the on spot check to rule out that an irrigation already exists on the requested area. The cadastre-leading agent shall record the results of these checks in the form.
(4) the conversion measure on surfaces should be performed, which fall within the local jurisdiction of several land-leading points, the promotion seekers has to overtake even the opinions of single cadastre leading bodies and cadastre leading authority to submit fully confirmed request form at its operating headquarters.
(5) the cadastre leading authority has to forward the draft plan approved in accordance with paragraph 3 of the BMLFUW.
(6) the management has to approve the plan design of all necessary requirements with notice or to refuse in the absence of one or more conditions with notice. The licensing permit has to include: the conversion measures, the land affected and the estimated total amount of aid.
(7) the management has the right to involve experts of his choice for the assessment of submitted conversion plans with regard to the suitability for the adaptation of production to market demand. Is determined by this review that is a proposed transition plan not to adapt production to market demand, the BMLFUW has this plan decision to reject.
Conversion measure and aid
§ 8 (1) must comprise the conversion measure shown in the draft plan, one or more of the part measures defined in annex II. The applicants will have to choose the appropriate conversion measures itself and thus to ensure optimum adaptation of production to market conditions appropriate for the operation.
(2) the aid is granted, with the exception of the Sub-measure "Irrigation in stone wall terraces" in accordance with annex II lit. Set D, as a lump sum per hectare, meters or square meters. The aid amount of each part measures, as well as the increase of in aid in the case of using a back planting right, which is derived from a clearance in the framework of the implementation of the conversion plan, are given in annex III.
(3) the amount of aid for the Sub-measure "Irrigation in stone wall terraces" in accordance with annex II lit. D is 50% of the construction costs, but maximum 6.440,-euro / ha. The construction costs are calculated as the cost of materials and activities for making the functionality of irrigation, except earthworks and burial. Irrigation in the inter-company community project is built, the attributable to the respective advertiser promotion operating construction costs on the basis of programmable with invoice total costs of the community project through the community are to determine; the invoice documents are here to present the BMLFUW.
(4) the same area with the same type to the same management techniques replanting is no conversion measure.
§ 9 (1) there are in the decision pursuant Article 7 paragraph 6 referred to land eligible for aid. Is in the course of conversion measure a vineyard newly applied, can either an existing vineyard be cleared and/or used an existing planting rights. Is granted a planting right from the regional reserve established under the Styrian wine law, no conversion aid can be taken for the vineyard planted on this basis.
(2) the size of a converted vineyards must not be less than 10 ar; the sum of the converted areas under vines per request must not exceed 10 ha. The converted surface must be at least 250 vines on terraced vineyards. Is an existing vineyard within the framework of conversion measure is being cleared, the grubbed up vines may be also not less than 10 ar or on terraced vineyards not less than 250 vines.
(3) companies which a premium for permanent abandonment of the viniculture in accordance with title V, chapter III to Regulation (EC) No. 479/2008 and part II title I no. 1234/2007 claims have taken under Chapter III of Regulation (EC) chapter III of section IVa, are excluded from the measure "Restructuring and conversion".
(4) conversion measures can be done in the wine-growing regions of lower Austria, Burgenland, Vienna, Carinthia, Upper Austria and Styria.
§ 10. The multiple measure a part on the same area is closed for the duration of the measure "Restructuring and conversion". Exceptions to this are cases of force majeure such as frost damage, plant diseases or landslides (but not disease of promoting affiliate), which require multiple implementation of part measure. The maximum limits as per annex II lit. PT. 5 and lit C PT. 4 shall apply also in cases of force majeure.
§ 11. The work on the conversion measure may - begin unvorgreiflich by the cadastre leading authority pursuant to § 7 para 3 approval gem. § 7 paragraph 6 - not before checking the details of the request.
Completion of the work
12. (1) an existing vineyard within the framework of conversion measure is being cleared, the completion of the conversion is so in writing using form no later than 1 June 2018 the competent land leading to communicate. Is no existing vineyard within the framework of conversion measure is being cleared, the completion of the changeover is writing using form period of 2 years from administrative decision approving the conversion plan to inform § 7 paragraph 6 of the competent land leading to no later than until 1 June 2018. For the case that several leading cadastral bodies are affected, § 7 para 4 is to apply mutatis mutandis. The notice shall be as a request for conversion aid.
(2) the invoices having reference and associated payment proof of one part of the Sub-measure "Irrigation in stone wall terraces" in accordance with annex II lit. D are built the cadastre leading competent in the original together with the notification of the completion of the work to be presented.
(3) the cadastre leading body is to review the entire implementation of the approved conversion measure on the spot and to transmit the outcome of this test (if necessary, with the transmission of invoices having reference and associated evidence of payment) the BMLFUW. This submission has to be made within 3 months after expiry of the period gem. § 1, but no later than 1 July 2018 in the BMLFUW special a.
(4) the conversion measure is provided in the case of the new plant of a vineyard, then as finished when all steps are completed so far that a lasting, future economic use of the area as yield vineyard is ensured. Finalisierende work can be made even after the activities within the framework of conversion measure.
Grant of the aid amount
§ 13 (1) the test results in accordance with article 12, paragraph 3 are ranked according to their receipt (including all required enclosures) in the management.
(2) the AMA decides after completion of work, according to the ranking gem. paragraph 1, in accordance with the funds allocated by the European Union, and on the basis of an expert opinion prepared by the BMLFUW for the granting of the aid.
(3) subject to any cases of force majeure such as frost damage, plant diseases or landslides (but not disease of promoting affiliate) the following applies: is completed the conversion measure within the time gem. § 12 para 1 does not entirely, but to an extent of at least 70% of the gem. § 7 section 6 approved surface area, the aid to the corresponding amount is reduced. Is the conversion measure completed within the time gem. § 12 para 1 to less than 70%, no State aid is paid out. A beyond the amount specified in the application level (m ² vineyards, % slope, running meter terrace scarp or m ² Terrace wall) one or more completed part measures is not taken into account when the payment of the aid.
14. (1) a written withdrawal of the application for approval of the plan design is possible, as long as no decision concerning the granting of the aid referred to in article 13, paragraph 2.
(2) changes to the gem. § 7 paragraph 6 created to apply for permit in writing immediately in the way of the cadastre-leading authority in the management, as well as the relevant grounds are. The BMLFUW has about these changes to decide administrative decision. The change of an administrative decision approved conversion plan can be done only once and causes no extension of time limits pursuant Article 12 paragraph 1.
Aid beneficiaries, submission
Section 15 (1) entitled promoting advertisers for recourse to which article 103u of Regulation (EC) No 1234/2007 are support in accordance with:
1. enterprises which products of annex XIb to Regulation (EC) 1234/2007 generate no. or market (proof of production or marketing through appropriate access or finish in the stock message according to wine law), and 2. in the field of investments "Clarification equipment","cloud processing" and "Bottle off wealth in directions" are also wine clubs and existing communities or societies of people and businesses, which are organized within the framework of a machine ring or just keep such a.
(2) the request is using form 16 October 2013 at the District Office of the Chamber of agriculture or in Upper Austria and Carinthia in the State Government to introduce. On the form, the planned investment to describe (it is possible to combine of several investment), is the need for investment reasons and it is taken to represent how the planned investment affects the improvement of the overall operating performance in wine clubs and communities or societies com. par. 1, second subparagraph - -. The estimated costs are also to lead (this may exceed the costs arising from the related having cost estimates to up to 10%). The investment of the current economic situation of the operation does not seem to meet, the promotion referrer has to carry out a detailed and reasoned presentation of planned development.
(3) is exempt from putting a copy of the inventory message (immediately preceding the date of application date) promoting affiliate when wine clubs and communities or societies com. par. 1, second subparagraph - - the request. Furthermore, detailed cost estimates for the proposed investment measures by gewerberechtlich allowed for the implementation of the relevant investment companies to resolve are the application. These cost estimates Appendix IV must include at least the individual positions and specifics according and form the basis for a permit com. par. 7.
(4) the District Office of the Chamber of agriculture or to maintain the form in Upper Austria and Carinthia that has the State Government, also by a check on the spot, to assess the comprehensibility of the information provided by the applicant and the result of this evaluation.
(5) should be investment in the local jurisdiction of district offices of the Chamber of agriculture, even the opinions of the individual district offices of the Chamber of agriculture are through the advertisers of promotion of to catch up.
(6) the District Office of the Chamber of agriculture or in Upper Austria and Carinthia the regional government has assessed in accordance with para 4 application including all necessary supplements to the BMLFUW forward.
(7) the management has approved the application of all necessary requirements with notice or to refuse in the absence of one or more conditions with notice. The licensing permit has to include the investment measures and the estimated total amount of aid.
(8) the management has the right to involve experts of his choice for the assessment of submitted applications with regard to suitability for the improvement of the overall performance of the operation and adequacy with the economic circumstances of the operation. Through this review that the investments planned not to improve the overall performance of the company are and are not appropriate to the given or expected in the future economic situation of the company, determines the BMLFUW has to reject this plan decision.
Investments and eligible investment amounts
The application must include one or more of investment defined in annex IV, section 16 (1). Each operation advertiser to aid has to choose the suitable investment itself and thus to ensure an optimal improvement of the overall performance of the company.
(2) the aid amount is 30% of the eligible investment cost, except the investment "Bottle off wealth in directions" according annex IV section 5; for the latter, the aid amount is 25% of the eligible investment. The maximum eligible for the respective advertiser aid operation under the period 2014-2018 investment sums the individual investments are laid down in annex IV. For aid advertisers establishments gem. § 15 par. 1, first subparagraph, stock message referring to has a "total departure" from the column "Wine", "Vine variety and vintage", "Country wine", "Quality wine b.A.", "Quality wines" and "sparkling wine and other products" of more than 500,000 litres whose gem. § 15 ABS. 3, double 6 set maximum recoverable investment sums in annex IV point 1, PT. 2, PT. 3, PT. 4 and section; the measure of "Bottle from filling device" according annex IV section 5 is the maximum aid amount 350,000 euros. The lower limit for the eligible net costs of each investment of set out in annex IV is 2.000,-euro.
(3) if the investments "Clarification facilities", "Facilities for treating Lees" and "Bottle off wealth in directions" from wine clubs or communities or societies gem. § 15 para 1, second subparagraph be made, so doubled the maximum eligible amount specified in annex IV.
(4) the purchase of second-hand equipment and presentation represents no eligible investment.
(5) companies which a premium for permanent abandonment of the viniculture in accordance with title V, chapter III to Regulation (EC) No. 479/2008 and part II title I no. 1234/2007 claims have taken under Chapter III of Regulation (EC) chapter III of section IVa, are excluded from the recourse to investment promotion.
Beginning of the investment
§ 17. The investment may - begin unvorgreiflich by the Office of the provincial government authorisation gem. § 15 para 7 - not in front of the assessment of the auditability of data gem. § 15 para 4 through the District Office of the Chamber of agriculture or in Upper Austria and Carinthia.
Completion of the investment
The investment measures are section 18 (1) period of 2 years from whose decision moderate approval to complete. The conclusion of the investment is therefore writing using form period of 2 years from whose decision moderate approval, but at the latest until 1 June 2018, the competent District Office of the Chamber of agriculture and to inform the Office of the provincial government in Upper Austria and Carinthia. In case that several district offices are affected, section 15 para. 5 is to apply mutatis mutandis. The communication is considered as a request for the grant of investment aid.
(2) in the notice referred to in paragraph 1, a detailed collection of the investments and costs incurred is traceable to represent. All the evidence in the original of the costs incurred in the notice referred to in paragraph 1 are to settle. The completed investment measures are thus marked to make that it is always easily possible for also outside people to bring investments to the related having invoices concerned undoubtedly in connection.
(3) if the investment in a broader overall project was made to separate the invoices and comprehensible to the individual costs are so.
(4) the District Office of the Chamber of agriculture or in Upper Austria and Carinthia, the State Government has to control the completion of the investment on the ground based on the collection of the investments and the evidence of costs and then to submit a test report including the cost evidence on the management. This submission has to be made within 3 months after expiry of the period gem. § 1, but no later than 1 July 2018 in the BMLFUW special a. The test report shall be supplemented by a photographic documentation of the made investments created during the on spot check.
(5) the investment is made then as finished when all steps are completed so far, that a lasting, future economic use of the investment is ensured.
(6) a holding period of 5 years from the notification gem. § 19 paragraph 2 applies to the completed investment projects. This means that within the period of 5 years made no significant changes to the investment or the ownership is not changed or the operations was not abandoned. A transfer of ownership of a person standing in her close family relationship to the promotion advertising (spouse, spouse, cohabitee, partner, son, daughter, mother, father, brother sister), which is demonstrably promote advertiser operation or accepts this by the advertisers of promotion of, represents no change of ownership. Is investing in the property of a community gem. § 15 par. 1, second subparagraph, so changes in the personnel composition of the community and resulting legal changes represent no change of ownership.
Grant of the aid amount
Section 19 (1) the test results according to § 18 para 4 will be put upon their receipt (including all required enclosures).
(2) the AMA decides after completion of work, according to the ranking of the template of the test results and in accordance with the funds allocated by the European Union on the basis of an expert opinion of the BMLFUW for the granting of the aid.
(3) a request for a new investment due to the conclusion of the previous investment.
(4) an on the in the permit notification pursuant to § 15 para 7 fixed investment aid is beyond aid not to take into account in the payment.
20. (1) a written withdrawal of the application for approval of the plan design is possible, as long as no decision concerning the granting of the aid referred to in article 19, paragraph 2.
(2) changes to the gem. § 15 section 7 created as well as the relevant justification in writing to apply for permit from the BMLFUW. Are additional changing investments applied for or is increased by the change which originally approved aid, so has decision gem. § 15 section 7 application no later than 3 months before the expiry of the period gem. § 18 para 1 in the way of the competent District Office of the Chamber of agriculture or in Upper Austria and Carinthia in the ways of the Office of the provincial government to be carried out. The documents required are to settle. The BMLFUW has administrative decision to agree to these changes or to reject this administrative decision. Amendment of administrative decision approved application can be done only once and causes no extension of the deadline according art. 18 para 1.
§ 21. The advertisers of promotion of has any change, which causes that the factual or legal circumstances no longer agree with his statements in the application to display the BMLFUW in writing without delay.
Recording and archiving requirements
section 22. The advertisers of promotion of has all books, records and documents that relate to the granting of State aid with the diligence of a prudent businessman for five years to be kept, there are so far no longer retention periods under other legislation. The storage period begins at the end of the wine year, in which the aid was granted is done.
Duldungs - and obligation to cooperate
Section 23 (1) the advertisers of of promotion of has the institutions and the Commissioner of the BMLFUW, the AMA, the Federal Winery inspection, the cadastre leading bodies, the district offices of the Chamber of agriculture or in Upper Austria and Carinthia of the Office of the provincial government, the Austrian Court of Auditors, during operation or after agreement to allow access to the premises and the production areas of the certifying body for the clearance of accounts, as well as the European institutions (in the following monitoring bodies) and requested the relevant books , in particular the cellar book, records, to submit documents and other documents for inspection, to give evidence and to provide the necessary support.
(2) the inspection bodies are empowered to inspect required documents of the applicant in the inventory and all from the perspective of the monitoring bodies for examination in accounting, in particular in the cellar book. The monitoring bodies are also empowered to customize photo documentation during the on spot check.
(3) in the case of the examination has to be present to promote advertisers or an appropriate and informed respondent of claimant, to provide information and to provide the necessary support.
(4) the inspection bodies may require the temporary provision of records and documents and to confirm their delivery to the applicant in this case.
(5) in the case of automation-supported accounting, of promoting advertisers has at his own expense to create prints with the necessary data the test institutions upon request.
(6) have become third parties working for the recruiters of promotion of, apply paragraph 1 to 5 to this.
(7) the obligations according to para 1 to 6 in the case of full or partial transfer of the operation also apply to the legal successor.
(8) inspection bodies may require at any time further documents, the submission of originals, or attestation of signatures to detect of the specifications made by the advertisers of promotion of if this is necessary for the proper implementation of the action.
§ Are 24 responsible for control in the implementation of the Community market regulation measures in accordance with the respective legal provisions the organs and agents of the Federal Minister for agriculture and forestry, environment and water management, the AMA, the cadastre-leading points, the district offices of the Chamber of agriculture or in Upper Austria and Carinthia of the Office of the provincial government, the European Union, the Court of Auditors, as well as Federal Winery inspection.
§ 25. As far as from the management or from the AMA forms are created, they are to use.
26. (1) the AMA can on the basis of an expert opinion of the BMLFUW under application of article 97 of Regulation (EC) No 555/2008 and of article 81 paragraph 4 of Regulation (EC) no 1122/2009 of the recovery of an amount per farmer per payment year
1 of less than 100 euros (interest not included) or 2 of less than 50 euros, if the interest rate must be indented separately from the amounts unduly paid, refrain, if the regulatory administrative burden disproportionate to the amount of the rückzufordernden.
(2) to calculate the interest in accordance with article 80 paragraph 2 of Regulation (EC) No. 1122/2009 recovery is the delivery of the recovery notification on the third business day after posting to the post thought.
(3) in the course of the recovery of wrongly paid amounts, the corresponding amount of the AMA of advances or payments is after the adoption of the recovery decision to withdraw.
(4) partial payments and compensation of part of be applied first to the capital, and only after the repayment of capital on interest rates.
Section 27 (1) for all actions deemed reasonable payment deadline pursuant Article 37 lit. b) PT. ii) Regulation (EC) No. 555/2008 a payment of aid according to the sequence of test results upon their receipt of the BMLFUW or a withdrawal of aid under guarantee of the best possible utilization of funds provided by the European Union for the financial year, as well as their possible balanced allocation on the individual aid applicants and the individual measures.
(2) the communication of the information as per article 37b paragraph 1 of Regulation (EC) No. 555/2008 has to be done until January 1 of the year following the budget year.
Section 28 (1) the total budget provided by the EU for the years 2014 to 2018 for the implementation of the market regulation measures referred to in article 1, paragraph 2 (annex XB of Regulation (EC) No 1234/2007) is divided by a decision of the national of wine Committee on the single market regulation measures.
(2) the estimated amount of subsidies from the approved applications can recognize that a predominant proportion of gem. paragraph 1 is already used up the single market regulation measures of allocated budgets, no further requests for the relevant measure can be submitted at least until the decision of the other way gem. § 3.
(3) the next steps for the respective measure determined by the BMLFUW after hearing of the national of wine Committee.
Section 29 does not meet an advertiser promotion operating conditions or requirements of this regulation or violates the provisions of this regulation in a different way, so can you denied payments or paid promotion amounts recovered.
section 30. Ordinance of the Federal Minister for agriculture and forestry, environment and water management to carry out Community market regulation measures in the wine sector, 2010, occurs with entry into force of this regulation Federal Law Gazette II No. 112, override. Applications which have been made on the basis of the latter Regulation, are continuing to treat after this.