Change Of The Ama Act 1992 And The Wine Act 2009

Original Language Title: Änderung des AMA-Gesetzes 1992 und des Weingesetzes 2009

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177. Federal law amending the AMA Act 1992 and the Wine Act 2009

The National Council has decided:

Article 1

Amendment of the AMA Act 1992

The AMA Act 1992, BGBl. No 376/1992, as last amended by the Federal Constitutional Law BGBl. I n ° 2/2008, shall be amended as follows:

1. (constitutional provision) § 1 reads:

" § 1. ( Constitutional provision ) The release, amendment and repeal of regulations as contained in the present Federal Act, as well as their enforcement, are also in the matters of the Federal Republic of Germany, with regard to which the B-VG provides otherwise. To the extent that tasks are transferred to agricultural market Austria (AMA) by federal law or by regulations issued on the basis of federal laws, these matters may be directly concerned by the AMA as a federal authority. "

2. § 14 is added to the following paragraph 5:

" (5) The meetings of the Board of Directors are the Chairman of the Central Works Council, or if there is only one Works Council, the Chairman of the Works Council, and another one from the Central Works Council or the Central Works Council. Works council to invite reputable members. The minutes of meetings and other proceedings shall also be made available to them. They shall keep silent on confidential information. "

2a. § 21b Z 8 reads:

" 8.

Calves: young bovine animals up to eight months of age intended for slaughter; "

3. In § 21b, the Z 14 to 16 shall be replaced by the following Z 14 to 17:

" 14.

Wine: wine, wine, quality wine, sparkling wine, sparkling wine with added carbonic acid, semi-sparkling wine, aerated semi-sparkling wine and storm in the sense of the common organisation of agricultural markets and of the Austrian Wine Law;

15.

Harvest and production report: notification according to the common organisation of agricultural markets and of the Austrian Wine Law;

16.

Inventory report: notification according to the common organisation of agricultural markets and of the Austrian Wine Law;

17.

Accompanying documents: Papers in accordance with the Common Organisation of Agricultural Markets and the Austrian Wine Law. "

4. § 21c (1) Z 8 and 9 reads:

" 8.

Harvest of a quantity of grape per wine year (1 August to 31 July), which corresponds to more than 3 000 litres of wine,

9.

Bottling and sale of more than 3 000 litres of wine in containers holding up to 60 litres, as well as shipments or exports of wine in containers holding more than 60 litres of wine outside the territory of the Federal Republic of Germany, and "

Section 21c is added to the following paragraph 3:

" (3) In the case of wine spent or exported outside the territory of the Federal Republic of Germany, no contribution shall be made if it is proved by the person responsible for the contribution that this wine abroad does not appear as wine within the meaning of Article 21b (14) in containers with a content of less than 60 litres is marketed. "

6. In § 21d Para. 1, the quote shall be "§ 21c (1) (1) to (7)" by quoting "§ 21c (1)" replaced.

7. In § 21d paragraph 2 Z 7, the word "Live Weight" by the word "Carcass weight" replaced.

8. § 21d (2) (9) and (10) reads:

" 9.

Vegetables and fruit, drawn in a greenhouse ... 727,00 € per ha

10.

Vegetables, drawn in foil tunnel ............... 509,00 € per ha "

9. In Section 21d (2), the point at the end of Z 17 is deleted and the following Z 18 is added:

" 18.

Wine .............................................................. € 1.50 per 100 litres of wine or a corresponding quantity of grape according to the harvest and production report and € 1.50 per 100 litres of wine according to the inventory report or accompanying documents. "

10. In § 21d, paragraphs 3 and 4 shall be replaced by the following paragraphs 3 to 6:

"(3) AMA is authorized to redefine by Regulation the maximum amounts referred to in paragraph 2 as soon as and in so far as the consumer price index 2010 or the consumer price index referred to by the Bundesanstalt" Statistik Österreich " (Statistics Austria) has been The index has changed by more than 5 vH compared with the index number published for March 2012 and subsequently used as the basis for the last fixing. The new amounts shall be calculated from the maximum amounts referred to in paragraph 2 in the ratio of the change in the index number published for March 2012 to the current index number applicable to the redetermination. The amounts calculated in this way are to be rounded to EUR 0.50 per year. The new amounts shall apply at the beginning of the next calendar year, or in the case of paragraph 2, Z 18, with the beginning of the next wine year following the next wine year.

(4) The AMA is empowered to lay down more detailed provisions by means of a regulation with regard to the payment of the agricultural marketing contribution, in particular the conditions and conditions under which it may be waiving the direction of contribution.

(5) AMA is empowered to lay down more detailed provisions by means of a regulation with regard to the payment of the agricultural marketing contribution for wine, and to provide for transitional measures in accordance with Article 21f (1) (6) and (6), taking into account the provisions of paragraph 6 of this Regulation, in order to: in the event of a change from calendar year to wine year, as well as in the case of the departure from the quarterly payment of double payments and a possible default of payments.

(6) The agricultural marketing contribution according to § 21c (1) Z 9 is to be raised for the first time for the wine marketing year 2013/2014. One based on paragraph 3 in the version of the Federal Law BGBl. I n ° 2/2008 for the periods of the wine marketing year 2012/13 already paid agricultural marketing contribution shall be deducted. For vineyard areas which have crop losses of more than 50% in the wine year 2012/13 caused by frost damage, no contribution shall be paid if the area concerned (each field piece) and the extent by which the damage has been reported by authorized bodies. "

11. § 21e para. 1 Z 9 reads:

" 9.

for wine, each holder of a holding which, according to the harvest and production report, has harvested a quantity of grape per wine year, equivalent to more than 3 000 litres of wine, and any holding of a holding which, according to the inventory, has at least 3 000 litres of wine. Bottled in containers with a content of up to 60 litres and sold or exported according to accompanying documents in containers holding a content of more than 60 litres outside the territory of the Federal Republic of Germany. "

12. § 21f (1) Z 4 to 6 reads:

" 4.

in the cases of Section 21c (1) (4) of the Directive, 1. Jänner, 1 April, 1 July and 1. October for the average laying hens kept on average in the previous three months on the last month of the month,

5.

in cases where:

a)

of Section 21c (1), (5) and (6), respectively, 15. October for the areas used in the current calendar year for the production of vegetables, fruit and potatoes; and

b)

Article 21c (1) (7) of Article 21c (1) (7), respectively, on 15 April for the units of surface area built with horticultural products during the previous calendar

6.

in cases where:

a)

Article 21c (1) (1) (8), 1. Jänner for the quantity of grapes harvested during the current wine year, or Wine and

b)

Article 21c (1) (1) (9) respectively on 1 September for the quantities of wine bottled and sold during the previous wine year in containers holding up to 60 litres of wine and quantities of wine exported or exported outside the territory of the Federal Republic of Germany Wine in containers holding a content of more than 60 l. "

13. In § 21f (2), after the word "Calendar Month" the phrase ", in the cases referred to in paragraph 1 (6), not later than four months after the date of emergence" inserted.

14. In § 21g, the first paragraph of paragraph 1 is replaced by the following paragraphs 1 to 1a:

" (1) The debtor has to submit a declaration of contribution up to the date of the date of Article 21f (2) or (3), using a form set up by the AMA, in which he/she shall in the cases:

1.

of Section 21f (1) (1) to (3) of the previous month,

2.

Section 21f (1) Z 5 lit. a and § 21f paragraph 1 Z 6 lit. a den for the current calendar-or Wine marketing year,

3.

Section 21f (1) (4) shall apply to the three months preceding each of the preceding three months;

4.

Section 21f (1) Z 5 lit. b and § 21f paragraph 1 Z 6 lit. b den for the preceding calendar or Wine Year

has to be calculated by itself.

(1a) The submission of the declaration of contribution within the meaning of paragraph 1 shall apply in the case of:

1.

Section 21f (1) Z 6 lit. a the harvest and production report and

2.

Section 21f (1) Z 6 lit. b the inventory declaration and the accompanying documents;

that AMA can be made available to the wine database by the Federal Minister for Agriculture, Forestry, Environment and Water Management in the form of an online access to the wine database. "

§ 21h (1) Z 1 reads as follows:

" 1.

Day, month and year of existence of the contribution debt in the cases of § 21c (1) (1) (1) to (4), "

16. § 21h (1) Z 9 and Z 10 reads as follows:

" 9.

the quantity of grapes harvested per wine year, which corresponds to more than 3 000 litres of wine, in the cases referred to in Article 21c (1) (8),

10.

Quantity of wine bottled and sold, to the extent that this exceeds 3 000 litres of wine, in containers holding up to 60 litres, and shipments or exports of wine in containers holding more than 60 litres of wine outside the territory of the Federal Republic of Germany in the cases of Section 21c (1) Z 9, "

17. § 21i (2) and (3) reads:

" (2) A complaint to the Federal Administrative Court shall be admissible against the AMA's decision on the basis of this section.

(3) The AMA shall apply the BAO in the version in force in the course of the enforcement of this section. "

18. In § 21j (3) the word order shall be "der Österreichischen Weinmarketingservice GesmbH" through the phrase "der Österreich Wein Marketing GmbH" replaced.

19. § 21k the following paragraph 3 is added:

" (3) If the AMA determines in the course of the performance of the tasks to be carried out on the basis of this section that information or documents according to § 21g (1a) are incomplete or incorrect, the Federal Minister for Agriculture and Forestry, Environment and water management as well as the Bundeskellereiinspektion (Bundeskellereiinspektion) from the deviations observed immediately. "

20. § 29 (3) reads:

"(3) Insofar as complaints are admissible pursuant to the Act on the Rules of Procedure 2007, the Federal Administrative Court may lodge a complaint against the proceedings of the competent organ of the AMA."

21. § 31 (2) and the previous paragraph 3 is replaced by the sales designation "(2)" .

The following paragraph 9 is added to Article 40:

" (9) The AMA is personal data, which is part of the authorisations and registrations according to § 5 paragraph 1 Z 8 Marketing Standards Act, BGBl. I n ° 68/2007, as amended, to the extent that such data are required in the context of the performance of tasks assigned to the law after the second section. "

22. In § 42a, paragraph 1, the quote shall be "§ 12 Z 12" by quoting "§ 12 Z 10" replaced.

23. (Definition of the Constitution) In Section 43 (1), the end of Z 17 is followed by an accoration and the following Z 18 to 21 shall be added:

" 18.

( Constitutional provision ) with regard to § 1 in the version of the Federal Law BGBl. I No 177/2013, with the day following the event,

19.

as regards Section 14 (5), Section 21d (4) and (6), Section 21j (3), Section 31 (2), § 40 (9), Section 42a (1) and Section 43 (5), as amended by the Federal Law BGBl (Federal Law Gazette). I No 177/2013, with the day following the event,

20.

as regards § 21b Z 14 to 17, § 21c para. 1 Z 8 and 9, § 21c para. 3, § 21d para. 1, § 21d paragraph 2 Z 18, § 21d para. 3 and 5, § 21e paragraph 1 Z 9, § 21f paragraph 1 Z 5 and 6, § 21f para. 2, § 21g para. 1 and 1a, § 21h para. 1 and § 21k paragraph 3 in the version of the Federal Law BGBl. I No 177/2013 with 1 August 2013 and

21.

as regards § 21b Z 8, § 21d Abs. 2 Z 7, 9 und 10, § 21f Abs. 1 Z 4, § 21i sec. 2 and 3 and § 29 paragraph 3 in the version of the Federal Law BGBl. I n ° 177/2013 with 1. Jänner 2014 in force. "

Section 43 is added to the following paragraph 5:

" (5) Regulations in accordance with § 21d in the version of the Federal Law BGBl. I No 177/2013 may already be issued from the date of the presentation of this Federal Law. However, they may not be at the earliest with 1 August 2013 with regard to wine according to § 21d paragraph 2 Z 18 and not earlier than 1 August 2013 and with regard to the products referred to in § 21d paragraph 2 Z 7, 9 and 10. January 2014 will enter into force. "

Article 2

Amendment of the Wine Act 2009

The Wine Act 2009, BGBl. I n ° 111/2009, in the version of the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. § 23 with headline reads:

" Quantity Restriction

§ 23. (1) Wine-making drivers (cultivators of vineyard areas) may not be placed on the market more than the maximum quantity of wine per harvest of a vintage according to § 8, on land, quality or predicate wine or on wine grapes intended for their production. .

(2) The maximum per hectare shall be 9 000 kg of grapes or 6 750 litres of wine per hectare in the vineyard area of registered and planted vineyard area for the production of wine in accordance with § 8 or by country, quality or predicate wine. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, at the request of the National Wine Committee, can reduce or increase the maximum per hectare for the harvest of a year by up to 20% if this is the climatic change. or wine-growing conditions for this year.

(3) Where the maximum per hectare referred to in paragraph 2 is exceeded, the whole quantity of the harvest of a vintage shall be placed on the market only as wine without vine variety and vintage name. "

2. § 29 together with the title is:

" Harvest and production reporting and inventory reporting

§ 29. (1) Each producer of grapes shall be subject to a harvest. Every producer of grapes, from which more than 3 000 litres of wine has been won, has a wine database on 30 November every year until 15 December at the Federal Ministry of Agriculture, Forestry, the Environment and Water Management. To submit the harvest and production report and an updated master data collection sheet. Where the electronic transmission is unreasonable for the producer in the absence of technical conditions, or if a smaller quantity of grapes is produced, the harvest and production report and the master data collection sheet may be obtained from the municipality, in whose area is the site of the plant. In the event of a repeated infringement of this obligation, no application for obtaining the state test number for quality wine may be made for the whole quantity of the harvest of the last year concerned, and only as wine shall be placed on the market without a specific indication of origin as Austria and without a vine variety or vintage name. The imposition of an administrative penalty on the grounds of a breach of any of the above reporting obligations shall be without prejudice to the obligation to report.

(2) Each producer of grapes shall be subject to an inventory report. Every producer of grapes from which more than 3 000 litres of wine has been produced, has a wine database on 31 July every year until 15 August at the Federal Ministry of Agriculture, Forestry, the Environment and Water Management. To make an inventory report (notification of the quantity of wine available). If the electronic transmission is unreasonable for the producer in the absence of technical conditions, or if a smaller quantity of grapes is produced, the report may be made available to the municipality in whose area the premises are situated. . Inventory reports are also to be submitted by the German Federal Ministry of Agriculture, Forestry, the Environment and Water Management by wine-growers and wine-growers ' cooperatives.

(3) The congregation shall immediately forward the harvest and production reports as well as the inventory reports to the Bundeskellereiinspektion. "

3. § 74 is added to the following paragraph 3:

" (5) § § 23 and 29 together with transcripts in the version of the Federal Law BGBl. I No 177/2013 shall enter into force with the day following the presentation. '

4. (constitutional provision) § 74 the following paragraph 4 is added:

" (4) ( Constitutional provision ) The Wine Act 1999, BGBl. I n ° 141/1999, enters into force at the end of the day of the proclamation of the Federal Law BGBl. I No 177/2013. '

Fischer

Faymann