Schulobstverordnung

Original Language Title: Schulobstverordnung

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284. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the levy of fruit and vegetables in the framework of a School Fruit Scheme (Schulobstverordnung)

On the basis of § § 6 (1), 7 (1) and (5) as well as § § 22, 24 and 31 of the Market Order Act 2007 (MOG 2007), BGBl. I n ° 55, as last amended by the Federal Law BGBl. I n ° 23/2010, shall be assigned in agreement with the Federal Minister for Finance:

Scope

§ 1. (1) The provisions of this Regulation shall be implemented by:

1.

of Article 103ga of Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), OJ L 327, 31.12.2007, p. No. OJ L 299, 16.11.2007, p.

2.

of Regulation (EC) No 288/2009 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the granting of Community aid for the supply of fruit and vegetables, processed fruit and vegetables and of Banana products to children in schools in the framework of a School Fruit Scheme, OJ L 327, 30.4.2004, p. No. OJ L 94 of 08.04.2009 p. 38.

(2) Participation in the programme for the supply of fruit and vegetables to the beneficiaries in accordance with § 3 ('the School Fruit Scheme ') shall be carried out in accordance with the legislation referred to in paragraph 1.

Responsibility

§ 2. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible for the definition of the national strategy pursuant to Article 3 of Regulation (EC) No 288/2009.

(2) The market organisation "Agrarmarkt Austria" (AMA) shall be responsible for the enforcement of the other provisions of the legislation referred to in § 1.

Beneficiaries

§ 3. The beneficiaries are children who regularly have a facility in accordance with Art. 103ga para. 1 lit. (a) Visit Regulation (EC) No 1234/2007.

Eligible products as part of the School Fruit Scheme

§ 4. (1) Products eligible for aid under the School Fruit Scheme (School Fruit Products) are:

1.

fresh fruit, including bananas (whole or divided and packed), and

2.

fresh vegetables (whole or disassembled and packaged).

(2) State aid is exclusively fruit and vegetables, which do not require any further preparation (excluding washing, peeling or slicing) and which, in itself, constitutes a meal which can be consumed directly by a child. It is preferable to offer regional and seasonal products.

Conditions and level of support

§ 5 (1) The eligible costs of participation in the School Fruit Scheme shall be 50% covered by Community aid in accordance with Article 103ga of Regulation (EC) No 1234/2007. The remaining 50% of eligible costs may be wholly or partly covered by public national funds, provided that the participation of the countries in accordance with Section 3 of the Agricultural Law 1992, BGBl. No. 375, in the version of the Federal Law BGBl. I n ° 2/2008. In the event of no or only partial coverage of the national remaining 50% of eligible costs by public national funds, the coverage of the remaining 50% of eligible national costs by private individuals shall be subject to the Means to be carried out.

(2) A possible starting action, as well as communication and evaluation measures, shall be covered up to 100% by Community aid in accordance with Article 103ga of Regulation (EC) No 1234/2007. The second sentence of paragraph 1 shall apply mutatily.

(3) Communication and evaluation measures as well as their implementation shall be carried out in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management.

Admission of applicants

§ 6. (1) Applicants shall be admitted by the AMA if the conditions are fulfilled in accordance with the legislation referred to in § 1.

(2) In the case of suspension or withdrawal of authorisation, no aid shall be granted for supplies which are carried out during the suspension or after the withdrawal of the authorisation.

Granting of aid

§ 7. (1) The aid shall be granted on application by the AMA if the conditions laid down in the legislation referred to in Article 1 are fulfilled.

(2) The application shall be submitted at the latest by the end of the third month after the end of the period to which it relates (at the choice of the applicant for one to four months). Delivery days in July of the previous school year can be requested together with the delivery days for June.

(3) In the event of an application for the aid, all receipts for the quantities actually delivered shall be submitted. The receipt of the receipt may be waited if the verification of the fulfilment of all payment requirements is carried out by a check of the receipts on the spot carried out prior to the final payment. In addition, proof of payment must be provided for deliveries of products which are partly financed by private funds.

(4) Instead of presenting a receipt for the quantities actually delivered and the proof of payment in this respect, an extract of the accounts receivable account, through which only the payments for the supplies of the school fruit products are processed, can be taken out. , shall be used as proof of payment for the quantities delivered under this Regulation.

(5) The payment of the aid shall take place until the financial framework available for each school year has been exhausted.

(6) The periods mentioned shall apply to all beneficiaries, whether or not they are pupils, even if these periods are referred to as "school year".

Reporting requirements

§ 8. (1) In good time before the implementation of the measure, the AMA shall inform the AMA of concepts showing the extent and the amount of the estimated costs, in accordance with the commercial prices. In addition, applicants have to submit a list of the offered school fruit certificates.

(2) As far as measures pursuant to § 39 of the Food Safety and Consumer Protection Act 2006-LMSVG, BGBl. I n ° 13/2006, as amended by the BGBl version. II No 125/2011, the AMA has been shown to be informed of these measures within one week. No aid shall be granted for deliveries within the period in which the measures have been taken in accordance with Article 39 of the LMSVG, provided that the products were not placed on the market.

Recording and retention obligations

§ 9. Applicants shall have the necessary records to record the conditions required for the use of the aid. Records drawn up on the basis of other provisions may be used. Applicants shall be obliged to keep the records and the supporting documents relating to them seven years from the end of the calendar year to which they refer, in a safe and orderly manner.

Disclosure and co-action obligations

§ 10. (1) Applicants shall be subject to the institutions and representatives of the Federal Ministry of Agriculture, Forestry, the Environment and Water Management, the AMA, the Court of Auditors and the European Union (hereinafter referred to as "audit institutions"). allow the holding and storage rooms during business and operating hours or by agreement to provide information on request for inspection, records, records and other documents for inspection, to allow for the appropriate checks and the necessary Support to be granted. In the case of automated accounting, applicants have to print lists of the required information free of charge to the examiners on request. Copies of the documents must be made available free of charge at the request of the necessary extent.

(2) The duty to pay and co-act pursuant to paragraph 1 shall also apply to those bodies in accordance with Art. 103ga para. 1 lit. (a) Regulation (EC) No 1234/2007, which does not itself submit applications.

(3) Where a VAT identification number (UID number) has been issued to applicants, the AMA shall be notified of the UID number, the relevant tax number and the relevant tax office.

Patterns and forms

§ 11. To the extent that samples or forms are applied by the AMA in connection with the School Fruit Action, these are to be used.

entry into force

§ 12. This Regulation shall enter into force with the date following its presentation. As far as the day of the demonstration is still school fruit programs or measures according to the Schulobstverordnung 2010, BGBl. II No 324/2010, those are to be brought to an end in accordance with the legal situation in force so far.

Berlakovich