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 be changed with the AMA Act 1992 and the wine Act 2009

The National Council has decided:

Article 1

Amendment to the AMA Act 1992

The AMA Law 1992, Federal Law Gazette No. 376/1992, as last amended by the Federal Constitution Act, Federal Law Gazette I no. 2/2008 is amended as follows:

1 (constitutional provision) § 1 is as follows:

"§ 1 (constitutional provision) the issuing, amending and repealing rules, as they are included in the present Federal law, as well as their enforcement are also in the interests of Federal thing that foresees something else for which the B-VG. If Federal law or regulations, which are adopted on the basis of federal laws, Austria (AMA) broadcasting tasks on the agricultural market, these matters can be concerned directly by the AMA as federal authority."

2. § 14 the following paragraph 5 is added:

"(5) to the meetings of the Board of Directors is the Chairman of the Central Works Council, or if there is only a Works Council, the Chairman of the Works Council and another of the Central Works Council or Works Council to invite their imitation member." The minutes of meetings and other meeting documents available to them are also. Confidential information they have to maintain strict confidentiality."

2A. section 21 is b Z 8: "8 calves: young cattle up to eight months, intended to slaughter;"

3. in section 21B are replaced the Z 14-16 by following Z 14-17: "14 wine: wine, country wine, quality wine, sparkling wine, sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated and storm in the sense of the common organisation of agricultural markets and of the Austrian wine law;"

15 harvesting and production reporting: Reporting as the common organisation of agricultural markets and of the Austrian wine law;

16 stock message: message according to the common organization of agricultural markets and of the Austrian wine law;

"17 documents: papers in accordance with the common organisation of agricultural markets and of the Austrian wine law."

4. section 21c para 1 Nos. 8 and 9 is: "8 harvesting of a grape quantity per wine year (August 1 to July 31), representing more than 3 000 l of wine, 9 bottling and sale of more than 3 000 l of wine in containers with a capacity up to 60 l as well as shipment or export of wine in containers with a capacity of 60 l outside of the national territory and" 5. paragraph 21 (c) the following paragraph 3 is added :

"(3) on spent outside the Federal territory or exported wine no contribution is charged when by the debtor of the contribution, it is proven that this wine from abroad rather than wine in accordance with § 21 b Z 14 in containers with a capacity below 60 l is marketed."

6. in article 21, paragraph 1, the quote is "§ 21c par. 1 Z 1-7" by the quote "§ 21c para 1" replaced.

7. in article 21 d para 2 No. 7, the word "Live" is replaced by the word "Carcass weight".

8 § 21 para 2 Nos. 9 and 10 is: "9 fruit and vegetables, in the greenhouse pulled... €727,00 per ha 10 vegetables in foil tunnels pulled... €509.00 per hectare"9. In § 21 para 2 of the point is at the end of the Z 17 and it will be attached following Z 18: "18 wine... €1.50 per 100 l of wine or a corresponding amount of grape according to harvest and production reporting, as well as €1.50 per 100 l of wine according to the inventory report or accompanying documents."

10. in paragraph 21, you be replaced para 3 and 4 with the following paragraph 3 to 6:

"(3) the AMA is empowered to redetermine the amounts mentioned in paragraph 2 through regulation, as soon and as far as published 2010 consumer price index announced by the Federal"Statistics Austria"or his place index compared to the March 2012 and the last setting has changed as a result opposite underlying index number by more than 5%." The new amounts shall be calculated from the maximum amounts referred to in paragraph 2 in the ratio of the change of to the current index number governing of the realignment for the number of index announced for March 2012. The calculated amounts are commercial to round amounts to €0.50. The new amounts are at the beginning of the next following calendar year or in the case of para 2 Z 18 at the beginning of the next wine year.

(4) the AMA is authorized by regulation with respect to the payment of the agricultural marketing contribution qualifiers to set, in particular the conditions and additional conditions under which of the payment of the contribution may be waived.

(5) the AMA is empowered to lay down further provisions by regulation with respect to the payment of the agricultural marketing contribution to wine and to provide transitional arrangements in section 21f para 1 No. 6, as well as taking account of paragraph 6, to avoid duplicate payments, as well as a potential loss of payments the change of calendar year on wine marketing year, as well as at the disposal of the quarterly payment.

(6) the agricultural marketing contribution pursuant to § 21 c par. 1 Z 9 is to introduce for the first time for the wine year 2013/2014. A on the basis of paragraph 3 in the version of Federal Law Gazette I is no. 2 / agricultural marketing contribution already paid for periods of time of the wine year 2012/13 2008 to bring into print. Vineyard areas which 2012/13 have caused crop failures due to frost damage of more than 50% in the wine year, no contribution payable if the affected area (per field) and the scale are designated by damage protocols of authorized posts is for."

11 section 21e par. 1 Z 9 is: "9 for wine every owner of an establishment, which has reaped a lot of grapes per wine year according to harvest and production reporting, the more than 3 000 litres of still wine matches, as well as every owner of a holding of at least 3 000 l wine in containers with a capacity up to 60 l fills out according to stock message and sold or spends according to accompanying documents in containers with a capacity of 60 l outside of the national territory or exported."

12 section 21f par. 1 Z 4 to 6 is: § 21 c para 1 Nos. 5 and 6 on October 15 for the current calendar year for the production of vegetables " , Area used for fruit and potatoes and b) § 21 c par. 1 Z 7 respectively on April 15 for the previous calendar year with horticultural products cultivated land units, 6 in the cases of a) of § 21 c par. 1 Z 8 each on January 1st for the amount harvested in the current wine year at grapes or wine and b) § 21 c par. 1 Z 9 each on 1 September for the in the preceding wine year amounts of bottled and sold at wine in containers with a capacity up to 60 l, and spent outside the Federal territory or exported amounts of wine in containers with a capacity of 60 l."

13. in section 21f para 2 is after the word "month"the phrase,"in the cases of paragraph 1 No. 6 at the latest four months after the date of the emergence of" inserted.

14. in article 21, paragraph 1 by following paragraph 1 up to 1a is replaced g:

"(1) the post debtor has to which section 21f, paragraph 2 or 3 resulting date using a form established for this purpose by the AMA to submit a declaration of contribution himself, where he in 1 of section 21f para 1 No. 1 to 3 cases which for the previous month, 2 of section 21f para 1 No. 5 lit. a and section 21f para 1 No. 6 lit. a the ongoing calendar or wine year, 3 of section 21f para 1 No. 4 the for the respective preceding three months and 4 of section 21f para 1 No. 5 lit. (b) and section 21f para 1 No. 6 lit. has to calculate the contribution to be paid for the previous calendar or wine year b.

(1a) when filing the Declaration of contribution within the meaning of paragraph 1 shall apply in the case of 1 of section 21f para 1 No. 6 lit. a the harvesting and production reporting, as well as 2 of section 21f para 1 No. 6 lit. "b the stock message, as well as the accompanying documentation, which the AMA by the Federal Ministry of agriculture and forestry, to make available environmental and water management in the form of online access to the wine database are."

15 paragraph 21h para 1 subpara 1: "1 day, month and year of the emergence of the contribution liability in the cases of § 21 c par. 1 Z 1 to 4," 16 21 h of paragraph 1 Z 9 and Z 10 paragraph: "9 amount of harvested grapes per wine year, the more than 3 000 litres of still wine is, in the cases of § 21 c par. 1 Z 8 ", 10 quantity of bottled and sold wine, as far as exceeds this 3 000 l of wine, in containers with a capacity up to 60 l as well as shipment or export of wine in containers with a capacity of 60 l outside of the national territory in the cases of § 21 c par. 1 Z 9," 17 section 21i para 2 and 3 is:

"(2) against decisions of the AMA on the basis of this section, an appeal to the Federal Administrative Court is allowed.

(3) the AMA has to apply the BAO in the currently valid version of the enforcement of this section."

18. in section 21j para 3 is the phrase "the Austrian wine marketing service GesmbH" is replaced by the phrase "of Austria wine marketing GmbH".

19 § 21 k the following paragraph 3 is added:


"(3) the AMA in carrying out the tasks to be conducted on the basis of this section determines that information or documents paragraph 1a are incomplete or incorrect g according to section 21, the Federal Minister for agriculture and forestry are immediately reported to environment and water management, and the Federal Winery inspection of the identified variances."

20 paragraph 29 subsection 3:

"(3) where complaints are allowed as a result of the market regulation law 2007, appeal to the Federal Administrative Court may be brought against decisions of the competent organ of the AMA."

21 § 31 para 2 is omitted and the previous paragraph 3 is (2) paragraph labeled.

21A. section 40 the following paragraph 9 is added:

"(9) of the AMA are personal data, within the framework of authorisations and registrations pursuant to § 5 para 1 Z 8 marketing standards Act, Federal Law Gazette I no. 68/2007, amended collected, to provide, as far as this data in connection with the performance of statutory tasks after the 2nd section is required."

22. in article 42a, paragraph 1 the quote is "§ 12 Z 12 ' by the quote" § 12 Z 10 "replaced.

23. (constitutional provision) in article 43, paragraph 1, a comma is used at the end of the Z 17 and following Z 18 to 21 are attached: "18 (constitutional provision) in terms of paragraph 1 as amended by Federal Law Gazette I no. 177/2013 with the announcement the following day, 19 in terms of § 14 para 5, § 21 d para 4 and 6, section 21j para 3, § 31 para 2" , Section 40 paragraph 9, section 42a (1) and § 43 para 5 as amended by Federal Law Gazette I no. 177/2013 with the announcement the following day, 20 with regard to § 21B Z 14 to 17, § 21 c para 1 Nos. 8 and 9, § 21 c par. 3, article 21 d, paragraph 1, section 21 d para 2 Z 18, article 21 d, paragraph 3 and 5, section 21e para 1 No. 9 , section 21f para 1 No. 5 and 6, section 21f para 2, § 21 g para 1 and 1a, § 21h (1) and § 21 k para 3 as amended by Federal Law Gazette I no. 177/2013 with 1 August 2013 and 21 with regard to § 21B Z 8, § 21 para 2 Nos. 7, 9 and 10, section 21f para 1 No. 4, section 21i para 2 and 3 and section 29 para 3 as amended by Federal Law Gazette I no. 177/2013 1 January 2014 Force."

24 § 43 the following paragraph 5 is added:

"(5) regulations made pursuant to § 21 d as amended by Federal Law Gazette I no. 177/2013 can be adopted from the day following the announcement of this Federal Act. You may however at the earliest with into effect 1 January 2014 Z 18 with August 1, 2013 at the earliest and in respect of the products referred to in article 21 d para 2 Nos. 7, 9 and 10 with regard to wine pursuant to § 21 para 2."

Article 2

Change of wine Act of 2009

Wine follows the law 2009, Federal Law Gazette I no. 111/2009, in the version of Federal Law Gazette I is no. 111/2010, as amended:

1. paragraph 23 together with the heading:

"Limited quantity

Section 23 (1) allowed no more than the hectares maximum amount of wine in accordance with § 8, country -, quality -, or predicate wine or grapes intended for the production of which in traffic to bring wine drive end (managers of Weingarten surfaces) per harvest a vintage.

(2) the hectares maximum level is 9 000 kg grapes or 6 750 litre of wine per hectare in the grapevine area directory of registered and planted vineyard area for the production of wine pursuant to article 8 or of country -, quality -, or predicate wine. The Federal Minister for agriculture and forestry, environment and water management can by regulation at the request of the national of wine Committee cut the hectare ceiling for the harvest of the year by up to 20% or increase if the climatic or wine-economic framework conditions for this year require this.

(3) if the hectares quantity referred to in paragraph 2 is exceeded, so the entire amount of the crop of a vintage only as a wine without grapes - and vintage label on the market must be taken."

2. paragraph 29 together with the heading:

"Harvesting and production reporting and stock message

Any producer of grapes has 29 (1) to submit a message of the harvest. Any producer of grapes, from which more than 3 000 litres of wine was produced, with deadline November 30 annually by December 15 at the Federal Ministry of agriculture and forestry has to submit a harvesting and production reporting, as well as an updated master data collection sheet environment and water management in the way the wine database. The electronic transmission due to lack of technical requirements for these producers is unreasonable or a lesser amount of grapes produced, so the harvest and production reporting, as well as the master data collection sheet in the municipality in which the permanent establishment is situated, can be dispensed. In the event of a repeated infringement of this obligation may be for the entire quantity of the harvest of the last affected vintage no application made to the obtaining of State control number for quality wine and brought this merely as a wine without further indication of origin as Austria and without vines - or vintage label in traffic. The imposition of an administrative penalty for a breach of one of the above reporting requirements, shall be without prejudice to the obligation to notify.

(2) any producer of grapes has a stock message to deliver. Any producer of grapes from which more than 3 000 litres of wine was produced, with date 31 July each year until August 15, when the Federal Ministry of agriculture and forestry has to submit a stock message (message of the existing amount of wine) environment and water management in the way the wine database. The electronic transmission due to lack of technical requirements for these producers is unreasonable or a lesser amount of grapes produced, the existing message in the municipality in which the permanent establishment is situated, can be delivered. Inventory reports are wine-trading operations of cooperatives at the Federal Ministry of agriculture and forestry, to make environmental and water management in the way the wine database.

(3) the community has to forward the harvesting and production messages, as well as the inventory reports promptly to the U.S. Winery inspection."

3. § 74 the following paragraph 3 is added:

"I no. 177/2013 (5) sections 23 and 29 along with headings in the version of Federal Law Gazette with the day following the proclamation into force."

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

"(4) (constitutional provision) the wine law of 1999, Federal Law Gazette I no. 141/1999, occurs at the end of the day of the announcement of the Federal Act Federal Law Gazette I no. 177/2013 override."

Fischer

Faymann