330. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on an area identification based on a geographical information system (INVEKOS-GIS-V 2011)

On the basis of Section 28 (3) of the Law on the Market Order 2007 (MOG 2007), BGBl. I n ° 55, as last amended by the Federal Law BGBl. I No 23/2010, shall be ordered:

Section 1

General provisions

§ 1. (1) This Regulation shall serve the purpose of:

1.		of Regulation (EC) No 73/2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and amending Regulations (EC) No 1290/2005, (EC) (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003, OJ L 327, 30.12.2007, p. No. OJ L 30, 31.01.2009, p. 16,
2.		of Regulation (EC) No 1290/2005 on the financing of the common agricultural policy, OJ L 327, 31.12.2005, p No. OJ L 209, 11.8.2005, p.1,
3.		Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the application of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and management Control systems within the framework of support schemes for farmers under this Regulation and implementing Regulation (EC) No 1234/2007 as regards compliance with other obligations in the Framework of the support scheme for the wine sector, OJ C 327, 28.4.2002 No. OJ L of 2.12.2009, p.
4.		other Union acts, on the basis of which the applicability of the integrated administration and control system is required or is possible;
for the purpose of determining the area eligible for aid.

(2) It can also be used to the extent applicable to area-related national aid from the Federal Government or the Länder.

§ 2. All personal names used in this Regulation and the legal bases referred to in § 1 shall apply equally to persons of the female and male sex.

Section 2

Special provisions

Definitions

§ 3. For the purposes of this Regulation, the terms

1.		Field piece:
		a clearly identifiable management unit with only one type of use according to § 6, which is wholly within or outside the less-favoured area, and in the Geographical Information System (GIS) as a polygon is digitised and is digitised from land parts or whole land within the meaning of the Federal Law of 3 July 1968 on the national surveying and the border cadastre (Vermessungsgesetz-VermG), BGBl. No. 306/1968, in the version of the Federal Law BGBl. I No 100/2008.
2.		Part of the plot of land at the field:
		the area share of a property within the meaning of the surveying law, which belongs to a particular field piece.
3.		Strike:
		a contiguous area on an item of land which is managed for a growing season with only one crop or which is obtained only in good agricultural and environmental condition under Article 6 of Regulation (EC) No 73/2009; and if necessary in the Geographical Information System (GIS) as Polygon.
4.		Digital terrain elevation model:
		Description of the earth's surface in Austria in the form of a digital regular high-altitude grid.
5.		Farm card:
		a cartographic document prepared using computer-aided geographical information techniques, which is an orthorectified aerial view, the graphic data collection of the individual properties within the meaning of the Surveying Act (borders, Numbers, usage lines and usage symbols) and the field boundaries of a holding.

Reference Parcel

§ 4. (1) Reference parcels within the meaning of Article 6 of Regulation (EC) No 1122/2009 shall be the field-piece spolygon, which consists of land parts.

(2) Where a reference plot has both productive areas and non-productive areas in the case of alms or hatchings, the reference surface shall be the sum of the faces suitable for grazing with uniform growth under the withdrawal of wasteland, and parachuted areas in accordance with the degree of Ödland or overshading.

(3) The reference parcels also include:

(a) areas which are not currently used for agricultural use but which are used for agricultural use again (other areas) at the latest after three years and with little effort;

(b) landscape elements referred to in Article 34 (3) of Regulation (EC) No 1122/2009, including the elements referred to in the acts listed in Annex II to Regulation (EC) No 73/2009, on condition that the applicant has the scope of its obligation to participate shall be provided by this property;

(c) Traditional characteristics referred to in Article 34 (2) of Regulation (EC) No 1122/2009, if they do not exceed a width of two metres, and

(d) Landscape elements with a size of less than one Ar, if their total size does not exceed 6% of the reference surface.

(4) In any case, the reference plot does not include road or building surfaces, gravel pits, quarries, golf courses, parks, recreational areas, permanent rangling and storage areas as well as hedges, trees, and walls, unless they fall under para. 3.

(5) For the determination of the slope inclination of the surfaces, the digital terrain height model of an authorized facility in the interpolated grid width of not more than 10 metres shall be used as the basis for consideration of the terrain structures.

Area polygons and the extent of the eligible area

§ 5. (1) Area information on the field and, if necessary, the impact on the ground shall be based on digital polygons. The extent of the area shall be determined in each case for the area actually used and shall be indicated in hectares with two decimal places, in commercial terms.

(2) The area eligible for aid under the respective aid measures shall be the area actually used, including the area referred to in § 4 (3) (3). b to d elements. The eligible area may not exceed the level of the reference parcels.

Usage types

§ 6. The types of use of a field piece are derived from the types of use, as are provided for the respective collection application (multiple trag areas). The types of use to be used by the applicant shall be:

1.		Acker;
2.		Grassland;
3.		Special crops;
4.		Vineyard areas, including cut-out gardens;
5.		Vineyard areas, including cut-out gardens-Terrace facilities;
6.		Protected cultivation;
7.		Ponds;
8.		Alm;
9.		Community pasture;
10.		Forst;
11.		other types of use to be pointed out.

Creation and processing of the reference plot

§ 7. (1) The preparation and processing as well as all changes to the reference parcels, in particular the reduction or expansion of reference parcels, shall be carried out by the agricultural market Austria or by other commissioned bodies (authorized bodies). The applicant shall be obliged to arrange for any necessary updates to be made to the competent authorized body at the latest on the occasion of the next application.

(2) In the case of the preparation and processing of the reference parcels, the last available court card shall be used, the digital data of which form the basis for the determination of the location, extent and type of use of the reference parcels. This excludes land that is not included in the digital catastral folder due to a merger or land resettlement procedure. In this case, the agricultural authority shall be required to draw up the severance certificate or appropriate available graphic data.

(3) All changes shall be documented by the authorized body. In any case, better knowledge is to be expunged as a result of the further development of the fundamentals of digitisation.

Participation of the applicant

§ 8. (1) The location, extent and type of use of the reference parcels shall be established by the authorized bodies, with the applicant ' s obligation to participate.

(2) In any case, this should be documented in the opinion of the applicant over the reference surface from the findings of the authorized body. Without prejudice to this, the findings of the authorized body of digitisation shall be based on the extent to which the applicant cannot demonstrate conclusively that the information on the court card is no longer appropriate. The applicant may, in the procedure for the grant or recovery of the aid in question, submit his objections to the digitisation, in so far as the aid has an impact on the granting of aid.

(3) The applicant shall confirm, by means of his signature on the documentation concerning the digitisation, his participation, including any differences of opinion on the actual reference surface and the information on the grounds of the court card.

Further use of the court card

§ 9. (1) The digital data of the court card shall be used by the agricultural market of Austria as a paying agent for administrative control and for on-the-spot checks.

(2) If the identified reference parcel does not agree with the results of the area determination on the on-the-spot check, the applicant may not rely on the liability of the data in relation to Article 73 of Regulation (EC) No 1122/2009. of the identified reference parcels, unless it can prove that it is not to blame for the misidentified identification.

(3) In the case of aid measures, it is also necessary to determine the position and extent of a sleep, and the digital data of the court card shall form the basis for this.

(4) The collection request (multiple trag areas) and the autumn application are based on the court card and the area digitisation of the reference parcels and, if necessary, the sleep.

(5) The agricultural market of Austria has at the most regular intervals all applicants who have submitted an application for collection (multiple trag areas) to the last application date prior to the preparation of the court card, an expression of the court card , In doing so, it can serve the task of apposite representatives. For the first time after the next application, farmers who have not submitted a collective application (multiple trait areas) shall be sent the court card for the first time.

(6) Agricultural market Austria has to provide the applicant with electronic access to the data of the court card including internet application, whereby the data of the digital catastral folder and the orthorectified aerial image are exclusively for the purposes of: of the Integrated Administration and Control System.

Section 3

Final provisions

Start of application and external force

§ 10. (1) This Regulation shall apply to aid applications submitted for the calendar years from 2012 onwards and therefore from the autumn application in 2011.

(2) With the entry into force of this Regulation, the INVEKOS-GIS-V 2009, BGBl, shall enter into force. II No 338/2009. It shall continue to apply to aid applications submitted for the calendar years 2010 and 2011.

Berlakovich