284 Ordinance of the Federal Minister for agriculture and forestry, environment and water management concerning the distribution of fruit and vegetables in the context of a school fruit scheme (Schulobstverordnung)
On the basis of §§ 6 para 1, 7 para 1 and 5 as well as the articles 22, 24 and 31 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 in agreement with the Federal Minister of finance prescribed:
Scope of application
1. (1) the provisions of this regulation serving the implementation:
1. in 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 No. L 299 of November 16, 2007, p. 1, and 2 of Regulation (EC) no 288/2009 laying down detailed rules for the application of Regulation (EC) No 1234/2007 of as regards the granting of Community aid for the supply of fruit and vegetables, processed fruit and vegetable and banana products to children in schools within the framework of a school fruit scheme, OJ No. L 94 of 08.04.2009 p. 38.
(2) participate in the program for the distribution of fruit and vegetables to the beneficiaries in accordance with § 3 (hereinafter: school fruit scheme) is carried out in accordance with the legislation referred to in paragraph 1.
Section 2 (1) for the national strategy in accordance with article 3 of Regulation (EC) No. 288/2009 is responsible to the Federal Minister for agriculture and forestry, environment and water management.
(2) for the enforcement of the remaining provisions of the legislation referred to in section 1 is the market place "Agrarmarkt Austria" (AMA) responsible.
§ 3 the beneficiaries are children who regularly a body referred to in article 103ga par. 1 lit. 1234/2007 visit of Regulation (EC) Nr.
Eligible products in the framework of the school fruit scheme
Eligible products in the framework of the school fruit scheme (school fruit product) are § 4 (1):
1. fresh fruit including bananas (whole or cut and packaged) and 2 fresh vegetables (whole or cut and packaged).
(2) only fruit and vegetables is eligible any further preparation, (except wash, peel or slice) needs and seen represents a meal for themselves, which can be consumed directly by a child. It is preferably local and seasonal products to offer.
Conditions and amount of funding
§ 5 (1) the eligible costs of participating in the scheme are covered no. 1234/2007 50% by Community aid referred to in article 103ga of Regulation (EC). The national to be on remaining 50% of the eligible costs can be covered wholly or partly by public national funding, if a participation of countries in 1992, BGBl. No. 375, in the version of Federal Law Gazette I no. 2/2008, is carried out in accordance with article 3 of the agriculture law. In case of no or only partial coverage of national-to-be remaining 50% of the eligible costs public national funding has to be to be on the cover of the national remaining 50% of the eligible costs through private means.
(2) a potential start action and communication and evaluation measures are covered no. 1234/2007 up to 100% by Community aid referred to in article 103ga of Regulation (EC). Paragraph 1, second sentence, shall apply mutatis mutandis.
(3) in agreement with the Federal Minister of agriculture and forestry, communication and evaluation, as well as their implementation have to be environmental and water management.
Approval of applicants and applicants
Applicants and applicants are § 6 (1) to allow the AMA, if the conditions are met under the legislation referred to in paragraph 1.
(2) suspension or withdrawal of authorisation is for deliveries, carried during the suspension or the withdrawal of the authorisation to grant any form of aid.
Section 7 (1) is the aid to provide, if the conditions are met under the legislation referred to in paragraph 1 at the request of the AMA.
(2) the application must (according to choice of applicants or applicants for one to four months) at least until the end of the third month after the end of the period, he refers to the. In July of the past school year, delivery days can be requested together with the delivery days for June.
(3) when applying for the State aid, all receipts for the quantities actually delivered shall be provided. A receipt may be waived if all payment requirements verified by an inspection conducted prior to final payment the receipts on the spot. There are also for supplies of those products, partially financed by private means, to submit proof of payment.
(4) instead of the template of a receipt for the quantities actually delivered and the respective proof of payment, an excerpt of the accounts receivable account through that excluding the payments for the school fruit product deliveries are handled, can serve as proof of payment for the quantity delivered under this regulation.
(5) the aid payment has to be done to exploit the financial framework for each school year available.
(6) the periods apply to all beneficiaries, regardless of whether students, even if these periods of "School year" referred to are.
Applicants and applicants have section 8 (1) of the AMA in good time prior to taking action to inform concepts, showing which scope and level of estimated costs - according to the standard prices. Applicants and applicants also must submit a list of proposed school fruit product.
(2) as far as compared to applicants or applicants measures pursuant to § 39 of food safety and Consumer Protection Act of 2006 - LMSVG, Federal Law Gazette I no. 13/2006, in the amended Federal Law Gazette II No. 125/2011, have been taken, is the AMA within one week demonstrated that these measures to inform. For deliveries no aid within the period in which measures according to section 39 were taken LMSVG is granted, provided the products in transport were allowed to be brought.
Recording and archiving requirements
§ 9 applicants and applicants have to demonstrate of the requirements for the use of the aid properly to keep the necessary records. Records that have been created on the basis of other provisions can be used. Applicants and applicants are obliged to retain the records, as well as the related documents for seven years by the end of the calendar year to which they relate, safe and orderly manner.
Duldungs - and obligation to cooperate
§ 10 (1) applicants and applicants have the institutions and representatives of the Federal Ministry of agriculture and forestry, environment and water management, the AMA, the Court of Auditors and the European Union (hereafter: monitoring bodies) entering the operating and storage areas during the business and operating hours or by appointment to allow, upon request the relevant books, records, to submit documents and other documents for inspection , To provide information, to allow the appropriate controls, and to provide the necessary support. Automation-supported accounting applicants and applicants have lists with the required information free of charge to print the test institutions upon request. Copies of the documents are free of charge to provide upon request to the necessary extent.
(2) the Duldungs - and participation obligations referred to in paragraph 1 shall apply also for those bodies referred to in article 103ga par. 1 lit. of Regulation (EC) No. 1234/2007, the make not even applications.
(3) where a turnover tax identification number (VAT number) has been granted applicants or applicants, the AMA the UID number is to announce the relevant tax number, as well as the competent tax office.
Patterns and forms
§ 11. As far as patterns or forms are applied by the AMA in connection with the Schulobstaktion, they are to use.
Entry into force
§ 12. This Regulation shall enter into force the day following their publication. If on the day of the announcement even schoolchildren or measures referred to in the Schulobstverordnung 2010, Federal Law Gazette II No. 324/2010, will be carried out, are according to the previous legal situation to finish those.