330. Regulation of the Federal Minister for agriculture and forestry, environment and water management on an area identification based on a geographic information system (IACS-GIS-V 2011)
On the basis of § 28 para 3 of the market organisation Act 2007 (MOG 2007), Federal Law Gazette I no. 55, as last amended by Federal Law Gazette I no. 23/2010, is prescribed:
General terms and conditions
1. (1) this regulation serves the implementation
1. Regulation (EC) No 73/2009 laying 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) No. 247/2006, (EC) No. 378/2007 and repealing Regulation (EC) No 1782/2003, OJ No. L 30 of January 31, 2009, p. 16, 2. Regulation (EC) No 1290/2005 on the financing of the common agricultural policy, OJ No. L 209 of the 11.8.2005, p. 1, 3. Regulation (EC) no 1122/2009 of the Commission of 30 November 2009 laying down detailed rules for the application of Regulation (EC) No 73/2009 of as regards the compliance with other obligations, modulation and the integrated administration and control system within the framework of the support schemes for farmers in accordance with regulation and laying down detailed rules for the application of Regulation (EC) No. of 1234/2007 with regard to compliance with other obligations under the support system for the wine sector , OJ No. L from 2.12.2009, p. 65 and 4 other legal acts of the Union, on the basis of which the applicability of the integrated administration and control system is required or possible, for the purposes of determining the eligible area.
(2) it can be used as far as applicable for area-related national aid of the Federation or of the countries.
§ 2. All personal names used in this regulation and the legal bases referred to in paragraph 1 apply equally to persons of the female as well as male sex.
§ 3. The purposes of this regulation, the terms mean
1 piece of field: a clearly definable and recognizable in the nature management unit with only a type of use in accordance with § 6, which is located entirely within or outside of the less-favoured area, and is digitized in the geographic information system (GIS) as a polygon and of property shares or all land within the meaning of the Federal law of July 3, 1968 on land surveying and the border cadastre (surveying law - VermG), BGBl. No. 306/1968 , as amended by Federal Law Gazette I no. 100/2008, is.
2. real estate share on the field piece: that portion of a plot in the sense of the measurement law, which belongs to a particular piece of field.
3rd strike: a continuous area on a field piece, which for a vegetation period with only a culture managed or only in good agricultural and environmental condition in accordance with article 6 of Regulation (EC) 73/2009 will receive no. and is digitized, if necessary, in the geographical information system (GIS) as a polygon.
4. digital terrain elevation model: description of the Earth's surface of in Austria in the form of a digital grid of regular height.
5 yard map: a cartographic document created using computer-based geographical information techniques, which includes an orthorectified aerial, the graphical database of individual plots of land within the meaning of the measurement (limits, numbers, use lines and symbols of use of) and the field piece limits of operation.
4. (1) reference parcel within the meaning of article 6 of Regulation (EC) no 1122/2009 is the field piece polygon that consists of real estate shares.
(2) insofar as a reference parcel at Alpine meadows or pasture both has productive areas as also non-productive areas, is regarded as a reference surface the sum of the part surfaces with uniform vegetation under deduction of wasteland suitable for grazing and via shielded surfaces according to the Badlands - or above degree of shielding.
(3) the reference plot include also:
a) areas, which although currently not agriculturally used, however at the latest after three years, and with little effort once again are used (other areas);
b) landscape elements referred to in article 34 paragraph 3 of Regulation (EC) no 1122/2009; of landscape elements, which are called no. 73 / 2009 listed acts in annex II of to Regulation (EC), under the condition that the applicant in the framework of its duty to cooperate proves this property;
(c) traditional characteristics in accordance with article 34 2 of Regulation (EC) no 1122/2009, if they do not exceed a width of two meters and
d) landscape elements with a size of less than an AR, whose total value does not exceed 6% of the reference area.
(4) not anyway, way - or building surfaces, gravel pits, quarries, golf courses, parks, recreation areas, permanent marshalling and storage areas as well as hedges, trees and shrubs, and walls are among the reference parcel, provided they do not fall under paragraph 3.
(5) for determining the slope of the land is the digital terrain elevation model of an authorized institution in the interpolated grid spacing of not more than 10 meters with taking into account the terrain as the basis to be used.
Land polygons and scale of eligible area
§ 5 (1) be square footage to the field piece and measure depending on, if necessary, to strike on the basis of digital polygons. The extent of the area is to identify each of the area actually used and to specify in hectares to two decimal places, commercially rounded.
(2) the area eligible in accordance with the respective State aid measures is the area actually used including in § 4 para 3 lit. Elements to (d) b. The eligible area can have no more than the extent of the reference parcel.
Types of use
§ 6. The types of use of a field piece resulting from the types of usage, as they are intended for the respective single application (multiple application areas). As by the applicant to specify types of use are at least:
3. Special crops;
4. wine garden areas including cutting vineyard;
5. wine garden areas including cutting wine garden - terrace facilities;
6 protected cultivation;
7 pond surfaces;
9 community pasture;
11. other to delegate types of use.
Creating and editing the reference parcel
7. (1) creation and editing, as well as all changes the reference plot, particularly the reduction or extension of the reference parcels, are made through the Agrarmarkt Austria or other agents (authorised centres). The applicant is obliged to get required updates at the latest on the occasion of the next submission to the relevant authorized body.
(2) in creating and editing the reference plot the last available farm map is to be used, which digital data form the basis for determining the location, extent and type of use of the reference parcel. This excludes land contained due to a Zusammenlegungs - or Flurbereinigung process not in the Astral digital cat solution. In this case, the payment card or suitable available graphical data of the agricultural authority are to be used.
(3) all changes must be documented by the authorized agent. Anyway, better knowledge on the basis of the further development of the basics of digitisation as to change liability shall be disclosed.
Participation of the applicant
Location, extent and type of use of the reference parcel are section 8 (1) shall determine the authorized bodies with compulsory participation of the applicant.
(2) the opinion of the applicant over the reference area differs from the findings of the authorized agent, at any rate, this shall be documented. The findings of the authorized agent of the digitisation are of prejudice to apply, where the applicant can demonstrate conclusively that the information on the farm map no longer applies to. The applicant may assert his objections to the digitisation in the procedure for granting or recovery of the aid, insofar as this has implications for the aid.
(3) the applicant confirmed his participation including any differences in opinion about the actual reference area and the information on the basis of the justice card by his signature on the documentary about the digitization.
More use of the yard card
§ 9 (1) the digital data of the justice card is by Agrarmarkt Austria as paying agent for administrative control and for the on spot check to be used.
(2) the identified reference parcel does not agree with the results of determining areas during the on spot check, can be the applicant under the terms of article 73 of Regulation (EC) shown no. 1122/2009 on the liability of the data of the identified reference parcel called unless he can, that in the mistaken identification not to blame him.
(3) also the determination of the location and intensity of shock is for aid measures required, yard card based digital data form.
(4) the single application (multiple application areas) and the autumn application based on the farm map and the reference plot surfaces digitization that took place and, if necessary, of shock.
(5) the Agrarmarkt Austria has all applicants have provided a single application (multiple application areas) to the last application date before the creation of the justice card, submit an expression of the Court card as regularly. While she can make use of representative bodies. The justice card must be farmers, which have no single application (multiple application areas) at this time, for the first time after the next application carried out by them.
(6) the Agrarmarkt Austria has to allow electronic access to court card together with an Internet application data the applicant, where the data of the digital cat Astral portfolio and of the orthorectified image of air may be used exclusively for purposes of the integrated administration and control system.
Application start and expiry
10. (1) this Regulation applies to aid applications provided for the calendar years from 2012, therefore, from application for fall 2011.
(2) with entry into force of this regulation occurs the IACS-GIS-V 2009, Federal Law Gazette II No. 338/2009 override. She continues to apply for aid applications provided for the calendar years 2010 and 2011.