Change Of The Market Organisation Act 2007 And The Wrap-Reconciliation Act

Original Language Title: Änderung des Marktordnungsgesetzes 2007 und des Marktordnungs-Überleitungsgesetzes

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21. Federal Act amending the Law on the Law of the Market in 2007 and the Law on the Law of the Market.

The National Council has decided:

Article 1

Change of the MOG 2007

The Market Order Law 2007-MOG 2007, BGBl. I n ° 55, as last amended by the Federal Law BGBl. I n ° 23/2010, shall be amended as follows:

1. In § 2 Z 1, the word order shall be "Article 33 EC Treaty" through the phrase " Article 39 of the Treaty on the Functioning of the European Union (TFEU), OJ C 139, 30.4.2004, p No. OJ C 290/1 of 30.11.2009, S.1 " replaced .

2. In § 3 (2) (1) and (2), the word order shall be "the EC Treaty" through the phrase "the TFEU" replaced.

3. In § 3 (2) Z 3, the phrase "Acts of the Council or of the Commission of the European Union" through the phrase "Union acts" and the phrase "the Court of Justice of the European Community" through the phrase "the Court of Justice of the European Union" replaced.

4. In Section 3 (3), the phrase " of the Treaty establishing the European Community (EC Treaty), OJ C 327, 28.4.2002 No. OJ C 325, 24.12.2002, p.33 " through the phrase "the TFEU" replaced.

5. § 8 (3) the following Z 13 and 14 are added:

" 13.

With effect from the application year 2012 onwards, farmers receiving food intended for drying shall be entitled to a dry feed undertaking located in another Member State of the European Union within the meaning of Article 86 of Regulation (EC) No 1234/2007 , an additional reference amount shall be allocated from the national reserve. The value is 32 euros per tonne of dried fodder (premium rate) based on the quantities eligible for aid from the application years 2006 to 2008. If the sum of the reference amounts exceeds EUR 53 000, the premium rate is to be reduced to aliquot. The allocation of the reference amount shall be made in accordance with Article 64 (2) of Regulation (EC) No 73/2009.

14.

With effect from the application year 2012, farmers who have their registered office outside the Austrian Federal Republic shall be allocated payment entitlements from the national reserve if they are

a)

in the application year 2012, at least one hectare of eligible land in Austria shall be managed and

b)

to apply for the allocation of payment entitlements under this scheme in the context of the 2012 collection application by applying for the single farm payment.

The value per allocated payment entitlement shall be EUR 120 per hectare of eligible area for which no payment claim is available. If the sum of the payment entitlements to be allocated in this way exceeds the amount of EUR 550 000, the value for each payment claim to be allocated shall be reduced aliquot.

6. In § 27 (1) Z 2, the word order shall be " purchasers within the meaning of Art. 5 lit. (e) Regulation (EC) No 1788/2000 through the phrase " Käufern within the meaning of Article 65 lit. Regulation (EC) No 1234/2007 " replaced.

7. In § 27 (1) Z 3, the word order shall be " Regulation (EC) No 318/2006, OJ L 378, 27.12.2006 No. OJ L 58, 28.2.2006, p.1 " through the phrase " Art. 57 of Regulation (EC) No 1234/2007 " replaced.

8. In § 27 (1) Z 4, the word order shall be " Art. 4 and 5 of Regulation (EC) No 1782/2003 " through the phrase " Art. 5 and 6 of Regulation (EC) No 73/2009 " and the phrase " Art. 45 of Regulation (EC) No 796/2004 through the phrase " Art. 51 of Regulation (EC) No 1122/2009 " replaced.

9. The following paragraph 3 is added to § 27:

" (3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management and the Agricultural Market Austria are responsible for the performance of the tasks assigned to them by law under the common agricultural policy as at 31 March of each year

1.

by the Federal Office of Eich-und Vermessungswesen (Federal Office of Eich-und Vermessungswesen) according to § 14 of the Soil estimation Act 1970-BoestimG 1970, BGBl. No 233, as amended, and the results of the estimation of the estimates of the estimates carried out in the estimation cards in accordance with Article 15 (2) of the Boestimating G 1970, as well as

2.

By the Federal Minister of Finance, the results of the estimate of the soil and the data in accordance with § 15 (3) of the BoeshG 1970, as determined in accordance with Article 15 (2) of the Boestimator of the BoeshG 1970

in-as far as these data are supplied with support for automation-to transmit electronic form. Insofar as these data are not required for the performance of legally transferred tasks of a commercial nature, they are in addition to the Austrian Agency for Health and Food Security GmbH, the Federal Research and Training Centre for Forest, natural hazards and landscape, and the Federal Environment Agency (UBA-GmbH). The transfer of this data to third parties is not permitted. "

10. § 28 (1) (2):

" 2.

require the use of certain forms or the transmission by electronic means, or provide for the possibility of Internet applications, with the use of electronic media the more detailed terms of use by the AMA be made known, "

11. § 28 (3) reads:

" (3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may lay down detailed rules for the implementation of the integrated administration and control system within the meaning of Article 14 of Regulation (EC) No 73/2009 by means of a regulation. in respect of the components of this system, while ensuring efficient and effective implementation. The system for the identification of agricultural parcels must be based on the quality criteria laid down in accordance with Union law and must be designed in such a way as to ensure that:

1.

the identification of the reference parcels and the determination of the extent of the eligible land is guaranteed; and

2.

the location and extent of the reference plot in the GIS using the digital cadastral map and orthorectified aerial photographs (court map) are imaged and identified graphically and digitally. "

Article 2

Amendment of the Rules on the Rules of the Market Rules

The Market Rules Overline Act, BGBl. I n ° 55/2007, as last amended by the Federal Law BGBl. I n ° 23/2010, shall be amended as follows:

Section 1 (2) reads as follows:

" (2) As a federal law, remain in effect:

1.

by 31 March 2015, the Regulation of the Federal Minister of Agriculture and Forestry, on the registration of contracts for the propagation of seeds in third countries, BGBl. No 99/1995 in the version BGBl. II No 108/1999,

2.

until 31 March 2012, the Federal Minister of Agriculture, Forestry, Environment and Water Management Regulation on the granting of aid for the production of dried fodder (dry feed aid regulation 2005), BGBl. II No 127, and

3.

by 31 March 2015, the Regulation of the Federal Minister of Agriculture, Forestry, Environment and Water Management on the allocation of reference quantities within the framework of the CMO Milk (Reference quantities-Allocation Regulation 2006-RZV 2006), BGBl. 102.

The Regulations referred to in Z 1 to 3 shall continue to apply to situations which have been achieved up to the dates referred to in Z 1 to 3. '

Fischer

Faymann