Producers Conditions Regulation

Original Language Title: Erzeuger-Rahmenbedingungen-Verordnung

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326. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management with framework conditions for producers to improve production and marketing and to strengthen their market position (producer framework regulation)

On the basis of § 7 (1) and (2), § 11a, § 22, § 23 and § 28 of the Market Order Act 2007 (MOG 2007), BGBl. I n ° 55/2007, as last amended by the Federal Law BGBl. I No 89/2015, shall be arranged:

Section 1

General provisions

Scope

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

1.

of Regulation (EU) No 1308/2013 on the common organisation of the market in agricultural products and repealing Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, OJ L 327, 31.12.2007, p. No. 671. in the field of producer organisations, associations of producer organisations and interbranch organisations and the opportunities and tasks assigned to them by these organisations,

2.

Regulation (EC) No 511/2012 on notifications relating to producer organisations and inter-branch organisations, as well as to contractual negotiations and relations in accordance with Regulation (EC) No 1234/2007 in the milk and milk products sector, OJ L 327, 22.11.2007, p. No. OJ L 156, 16.06.2012 p. 39,

3.

the delegated regulation (EU) No 880/2012 supplementing Regulation (EC) No 1234/2007 with regard to transnational cooperation and contract negotiations of producer organisations in the milk and milk products sector, OJ L 327, 28.11.2012, p. No. OJ L 263, 28.09.2012 p. 8, and

4.

the delegated acts and implementing acts for Regulation (EU) No 1308/2013 as regards producer organisations, associations of producer organisations and interbranch organisations, operational funds and operational programmes, and Contract negotiations and relations.

(2) This Regulation shall govern

1.

the recognition of producer organisations, associations of producer organisations and inter-branch organisations, with the exception of the recognition of inter-branch organisations in the wine sector,

2.

the tasks to be carried out by the organisations referred to in Z 1;

3.

the content of contracts in the milk sector.

Responsibility

§ 2. (1) The "Agrarmarkt Austria" (AMA) shall be responsible for the enforcement of this Regulation and of the acts referred to in § 1, unless other powers are laid down in paragraph 3.

(2) The AMA is also responsible

1.

as certification authority for hops in accordance with Article 77 of Regulation (EU) No 1308/2013, and

2.

for the control of hops imported from third countries in accordance with Article 190 of Regulation (EU) No 1308/2013.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible for the definition of

1.

the national strategy and the national framework referred to in Article 36 of Regulation (EU) No 1308/2013, and

2.

Binding provisions for the management of the offer in the case of cheese with a protected designation of origin or a protected geographical indication in accordance with Article 150 of Regulation (EU) No 1308/2013.

Form templates and delivery preferences

§ 3. (1) Where forms are made available by the AMA for notifications, reports, applications and advertisements, they shall be used.

(2) The transmission of the reports, reports, applications and advertisements may, unless specified in the following provisions, be specified in writing, by electronic means by email, using the available information, in writing, by electronic means Forms are made by uploading the completed form or by means of automated and structured data transmission using the online forms provided.

Reporting and notification obligations

§ 4. (1) Producer organisations or associations of producer organisations shall submit an annual report each year until 28 February of the following year of the AMA, which shall contain:

1.

Number of members, broken down by producer and non-producer,

2.

the extent and value of the products produced by the producers and marketed by the organisation and marketed by the organisation, and

3.

the presentation of any changes relating to the conditions of recognition in accordance with § 7.

(2) By way of derogation from paragraph 1, producer organisations or associations of producer organisations in the fruit and vegetable sector of the AMA shall have to report annually:

1.

until 15 February of the following year, in addition to the aid application, an annual report on the implementation of the operational programmes, which shall include in particular:

a)

Number of members, broken down by producer and non-producer, as well as an up-to-date list of members, the name, operating number and type and quantity of products delivered in the previous year, and from which the changes compared with the previous year ,

b)

a marketing statistics for the total quantity of products marketed by the producer organisation during the previous calendar year, for which the producer organisation is recognised, broken down by the individual fruit and vegetable species must be visible,

c)

a production statistic from which the total quantity of products produced during the preceding calendar year by the producers belonging to the producer organisation, for which the producer organisation is recognised, broken down by the individual producer organisation Fruit and vegetable species, as well as Member States of the European Union, must be visible,

d)

price statistics showing the average gross sales revenue for each fruit or vegetable year in the previous calendar year and the average price paid to producers,

e)

details of the quantities of each fruit or vegetable species not sold through the producer organisation by the producers empowered by the producer organisation, and

f)

the presentation of any changes relating to the conditions of recognition in accordance with § 7,

and

2.

to 15. October of the following year shall provide the necessary information for the preparation of the annual report to be refunded by Austria to the European Commission.

(3) The annual report to be submitted by producer organisations and associations of producer organisations in the dairy sector in accordance with paragraph 1 of the AMA also has to be included:

1.

a production statistic from which the total quantity of marketable raw milk produced in the previous calendar year by producers belonging to the producer organisation, and products for which the producer organisation is recognised, broken down by Member State, broken down by Member State, and by Member State in the case of transnational producer organisations,

2.

price statistics showing the average gross sales revenue for each product in the previous calendar year and the average prices paid to producers; and

3.

an up-to-date list of members, from which the changes will emerge from the previous year.

(4) Producer organisations and associations of producer organisations which carry out contract negotiations within the meaning of Article 149, Art. 170 or Article 171 of the Regulation (EU) 1308/2013 shall also report to the AMA:

1.

before the commencement of the contract negotiations, the estimated production quantities to be covered by the contract negotiations and the expected period of product delivery; and

2.

annually by 31. January the quantity of product broken down by producer Member State which has been supplied under the contracts negotiated during the previous calendar year.

(5) Industry associations shall submit a report each year by 28 February of the following year to the AMA, which shall demonstrate its working methods and, in particular, have to:

1.

a presentation of the measures taken in respect of the products for which the trade association has been recognised, broken down by product,

2.

an up-to-date list of members from which the changes to the previous year will emerge,

3.

the presentation of any changes in respect of the conditions of recognition in accordance with § 15 and

4.

the turnover in each case separately for all the member stages of the supply chain for the product concerned and the product quantities concerned.

(6) Recognised producer organisations or recognised associations of producer organisations shall, without delay, notify in writing any changes to the facts which have resulted in recognition of the recognition requirements.

(7) The reporting, reporting and notification obligations referred to in paragraphs 1 to 6 shall apply to recognised producer organisations, associations of producer organisations and interbranch organisations, their members or associations. Producers and, as appropriate, those third parties and subsidiaries who have taken over the outsourced activities in accordance with § 8.

Disclosure and co-action obligations

§ 5. (1) Producer organisations, associations of producer organisations and inter-branch organisations have the institutions and representatives of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the AMA, the Court of Auditors and the European Union. Union (hereinafter referred to as the "Prüforgane") shall allow the entering of the business, operating and storage rooms during the business or operating hours without prior notice.

(2) The inspection bodies are authorized to inspect the accounts and all documents which the examiners consider necessary for their examination. The testing authorities have to avoid the disruption of the business operation and any stifles.

(3) In the course of the examination, a suitable and informed person shall be present, to provide information and to provide the necessary assistance.

(4) The examiners may request the temporary release of records and documents and, in this case, have to confirm their handing over.

(5) In the case of automation-assisted accounting or guidance of other documents, at the expense of the holder of the holding, the examiners shall, on request, produce printouts with the necessary information or be available as an electronic document at the expense of the owner. .

(6) Where a producer organisation, an association of producer organisations or an industry association has switched on or outsourced activities in accordance with Article 155 of Regulation (EU) No 1308/2013, paragraphs 1 to 5 shall also apply to those bodies.

(7) The duty to pay and co-act referred to in paragraphs 1 to 6 shall apply in the event of the full or partial transition of the producer organisation, the association of producer organisations or the sectoral association, including for the successor to the legal successor.

Retention duties

§ 6. (1) Producer organisations, associations of producer organisations and interbranch organisations shall have the application and authorization documents remaining with them, and other supporting documents relevant to the recognition seven years from the end of the calendar year to which they refer, with the care of a prudent entreprenter.

(2) Paragraph 1 shall also apply to documents and supporting documents from third parties on activities outsourced under Article 155 of Regulation (EU) No 1308/2013.

Section 2

Producer organisations, their associations and interbranch organisations

General recognition requirements for producer organisations

§ 7. (1) Producer organisations have submitted an application to the AMA for recognition in accordance with Art. 154 and pursuant to Art. 161 of Regulation (EU) No 1308/2013. The application shall be accompanied by the documents necessary for the assessment of the conditions for recognition, in particular:

1.

the statutes of the producer organisation,

2.

all contracts relating to the establishment and activities of the producer organisation, such as social contracts and contracts with producers and marketers,

3.

the rules laid down by the producer organisation in respect of production reporting, production and marketing and, where appropriate, environmental protection,

4.

a list of members of the producer organisation, separately, where appropriate, by Member State, indicating the names and registered offices of the members and the date on which the membership begins,

5.

detailed documentation relating to the annual turnover or the total quantity of the marketable production of the producer organisation, broken down, if appropriate, by Member data, and

6.

in the case of producer organisations in the fruit and vegetables sector, a list of the technical aids for the storage, preparation and processing of products and for the application of environmentally friendly farming practices.

(2) A producer organisation shall be recognised if:

1.

the producer organisation is a legal person,

2.

the producer organisation shall comprise at least 20 producers who produce at least 500 kg per year for marketing purposes in the sector in question,

3.

the producer organisation has an annual minimum quantity of marketed production, expressed by the value of the marketed production, of EUR 3.5 million; in the case of milk, an annual minimum quantity of raw milk delivered shall apply, or raw milk equivalent of 3 000 tonnes,

4.

the conditions laid down in the acts referred to in Article 1 are met, and

5.

the additional sectoral specific recognition requirements are met.

(3) Where an organisation which makes a request for recognition as a producer organisation is wholly or partly composed of members who are themselves legal persons, the minimum number of producers shall be based on the number of producers, calculated by producers associated with each of the legal entities.

(4) Producer organisations must demonstrate, within the framework of the procedure for recognition, that they have the staff, infrastructure and equipment necessary to comply with the requirements and to carry out their essential tasks are required.

(5) The provisions of paragraphs 1 to 4 shall also apply to producer organisations to which members from other Member States belong, provided that the producer organisation has its registered office and the financial accounting in Austria.

(6) In duly justified exceptional cases, a producer organisation may be recognised even if the product concerned is the sole producer organisation within a radius of 250 km with at least half of the producers.

Assignment of tasks

§ 8. The outsourcing of business areas is within the framework of the recognition procedure or of the procedure for the amendment of the recognition procedure and the decision to be taken. Temporary outsourcing in the fruit and vegetable sector is to be applied for under the operational programmes.

Membership of non-producers

§ 9. (1) Producer organisations may include non-producers as members if the conditions set out in paragraphs 2 and 3 are met.

(2) The non-producers may only be natural persons whose membership of the producer organisation is conducive to the better performance of their duties. These conditions shall be met by non-producers who have specific knowledge of the economic or technical functions of a producer organisation and which have a corresponding function within the producer organisation, and in particular the following activities:

1.

managing partner of the producer organisation in those cases where the membership of the producer organisation is required for this function and the managing partner shall be subject to instructions from a majority of the producer organisation the existing members of the Management Board or the Supervisory Board,

2.

Member of the board or supervisory board of a producer organisation, where the statutes ensure that no decision-making within the producer organisation can be made without the majority of producers.

(3) If a non-producer is a member of a producer organisation, that member shall not engage in any activity outside the producer organisation which is contrary to the statutory tasks to be performed by the producer organisation; or which may be capable of influencing producers in voting behaviour. Similarly, the Member may not be involved in the decision-making process of a trading company which is the subject of trade in the sector-specific products of the producer organisation.

Voting rights of Members

§ 10. (1) The producer organisation is to refuse recognition if individual members can exert such a large influence on the producer organisation that a democratic formation of will in the producer organisation is not guaranteed.

(2) If a member of the producer organisation owns more than 20% of the voting rights, the recognition shall in any case be refused.

Direct marketing of producers

§ 11. The share of the products which a producer may market directly with the agreement of the producer organisation shall be determined by 25% of its annual production volume.

Withdrawal of a member

§ 12. (1) The time limit for termination of membership to be notified in writing by the producer organisation shall be six months before the end of the marketing year. The termination shall take effect at the end of the marketing year.

(2) A producer leaves a producer organisation and joins another producer organisation, the production of which can be made from the date of the extinguishing of the previous membership, but at the earliest from the beginning of the next following financial year of the receiving producer organisation shall be taken into account in the calculation of the value of the marketed production. The deletion of the previous membership is to be proven by appropriate evidence. A transfer of revenues from reference periods below shall be authorised only upon presentation of appropriate agreements between the producer organisations involved. In this context, it is necessary to ensure that production in the reference period in question is taken into account only by a producer organisation in the calculation of the value of the marketed production .

Transitional arrangements for existing producer organisations

§ 13. (1) Producer organisations established in accordance with the Regulation on producer organisations for fruit and vegetables and associations of producer organisations for fruit and vegetables (fruit and vegetables EO-VO), BGBl. II No 444/2008, or in accordance with the Milk Concentrations Regulation (MZV), BGBl. II No 343/2012, as amended by the Regulation, BGBl. II No 52/2013, which have been recognised by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, shall, within two years of the entry into force of this Regulation, be reviewed by the AMA to the effect that: Recognition requirements are still available.

(2) Producer organisations established under the Regulation on the recognition of producer organisations and their associations, BGBl. No 726/1995 in the BGBl version. II No 351/1999, the AMA must, within two years of the entry into force of this Regulation, verify whether the conditions for recognition in accordance with § 7 are met. The AMA has a modest disregard for this.

Recognition of associations of producer organisations

§ 14. (1) Associations of recognised producer organisations have to apply for recognition in accordance with Article 156 of Regulation (EU) No 1308/2013. Such a request shall be:

1.

the Statute of the Association,

2.

all contracts relating to the establishment and activities of the association, such as social contracts,

3.

the rules of association with regard to production, marketing and, where appropriate, environmental protection,

4.

a list of members of the association, separated, if appropriate, by Member State, specifying the names and registered offices of the members and the date of commencement of membership, and

5.

detailed documentation relating to the annual turnover and the total quantity of the marketable production of the association, broken down by Member State where appropriate,

.

(2) An association shall be recognised if:

1.

the association is a legal person,

2.

the conditions laid down in the acts referred to in paragraph 1 of this Article are met; and

3.

for the decision-making of the association, where the decision relates to operational programmes, unanimity is provided for.

(3) § 9 shall apply mutatily to members of the association, which are not producer organisations.

(4) Paragraph 1 to 3 shall also apply to producer organisations to which members from other Member States are members, provided that the producer organisation has its registered office and the financial accounting system in Austria.

Recognition of interbranch organisations

§ 15. (1) An inter-branch organisation shall be responsible in accordance with Art. 157 or Article 163 of Regulation (EU) No 1308/2013 for the AMA to apply for recognition. Such a request shall be:

1.

the Articles of Association of the Industry Association,

2.

all contracts relating to the establishment and operation of the sectoral association, such as company contracts,

3.

a list of members of the sectoral association, indicating the names and registered offices of the members, and the date on which the members are to begin; and

4.

detailed documentation concerning the annual turnover and the total quantity of the marketable production of the members of the industry association

.

(2) An inter-branch organisation shall be recognised if the conditions laid down in the acts referred to in Article 1 are fulfilled. The economic activity of the members of the industry association must comprise more than half of the annual turnover of Austrian production, of Austrian processing or of their marketing, expressed in euro.

(3) Prior to recognition, the Federal Competition Authority shall be given the opportunity to deliver an opinion within a reasonable period of time. In any case, the decision on the application for recognition is to be communicated to the Federal Competition Authority in a news-related way.

(4) In order to carry out one or more activities, regional or product-group-specific sub-associations may be set up within an industry association recognised in accordance with paragraph 2 of this Article. These sub-associations shall be recognised if the conditions set out in paragraph 2 are met for the relevant sub-association with regard to the regional or product-group-specific component.

Contract Negotiations

§ 16. (1) Recognizing producer organisations and recognised associations of producer organisations shall inform AMA in advance of the fact that they, on behalf of the members of which they belong, shall negotiate contractual negotiations within the meaning of Article 149, Art. 170, or Article 171 of Regulation (EC) No 1308/2013 is intended to include. By means of this communication, they shall submit proof of compliance with the conditions laid down in the said provision. The documents will be forwarded to the Federal Competition Authority, following an opinion of the AMA.

(2) According To Art. 149 (2) lit. (d) Regulation (EC) No 1308/2013 may be negotiated for a milk producer who is a member of two producer organisations, provided that the milk producer has two separate production units in different geographical areas . The existence of such a condition shall be substantiated by appropriate documentation to be connected to the notification referred to in paragraph 1.

(3) The information referred to in Article 3 (1) (lit). b of Regulation (EU) No 511/2012 shall be forwarded by the Federal Competition Authority of the AMA.

Measures for non-compliance

§ 17. (1) A recognised producer organisation, an association of producer organisations and an industry association shall be withdrawn from recognition if the conditions for recognition are no longer fulfilled or are intentional or grossly negligent. , and no remedial action has been taken within the time limit granted by the AMA.

(2) If the infringement pursuant to paragraph 1 is recoverable, it may be suspended for a certain period in place of the withdrawal of recognition, in order to enable the organization to recapt the conditions for recognition.

Section 3

Tasks in the fruit and vegetable sector

Operational Fund

§ 18. (1) Within the framework of the operational fund referred to in Article 32 of Regulation (EU) 1308/2013, each operation of the operational programme (including the financing of crisis management and crisis prevention measures in accordance with section 22) shall be within the scope of the operational programme. Financial accounting records which make it possible to follow up all expenditure and revenue and to assign it to a specific action.

(2) The reference period for the calculation of the financial aid shall be equal to the accounting year of the producer organisation . The value of the marketed production shall be determined on the basis of the reference period, which is two years before the year for which the financial aid is applied for (n-2). Producer organisations which use a reference period deviating from the provisions of the preceding sentences shall have to adapt this reference period in the course of the application for their next operational programme (multiannual programme).

(3) The value of the by-products shall be taken into account in the value of the marketed production.

(4) The value of the marketed production can be calculated on the basis of the AMA at the "subsidiary" level, subject to approval.

The producer organisation shall inform AMA each year by 15 September of the estimated amount of the operational fund for the following year. In justified exceptional cases, the AMA may set a later date.

(6) The value obtained for the products at the various stages shall be reduced by the internal transport costs which have actually been spent on transport exceeding 250 km.

Operational programmes

§ 19. (1) The producer organisation shall have the AMA annually until 15 September, but up to the 15th of 2016 for the year 2016. October 2015, to communicate the operational programme for the following year.

(2) The deadline for submission

1.

the applications for advance payments shall be 31. Jänner, 30 April, 31 July and 31. October for the three-month period beginning in the month of presentation of the advance request, and

2.

the requests for partial payment shall be made on 30 April, 31 July and 31. October for the three-month period preceding the month of the submission

set. Advance payments or partial payments of less than EUR 1 000 cannot be applied for. If the amount of the aid exceeds EUR 100 000, partial payments in accordance with Z 2 are to be applied for.

(3) For eligible expenditure under operational programmes, standard flat rates may be established, provided that this is permitted in accordance with the acts referred to in § 1.

(4) For the completed investment project, a retention period of five years shall apply from the payment of the last funding rate approved for this investment project. This means that, within the period of five years, either no significant changes have been made to the investment or the ownership of the investment has not changed or the operating activity has not been abandoned.

(5) Measures to be taken both in the context of the operational programmes and as projects in the rural development programme under Regulation (EU) No 1305/2013 on the promotion of rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EC) No 1698/2005, OJ L 327, 30.11.2005, p. No. OJ L 347, 20.12.2013 p. 487, can be applied for in principle within the framework of the operational programmes.

Amendment of operational programmes

§ 20. (1) Changes to the operational programmes within the financial year shall be subject to authorisation. A change of this kind is up to 30. Apri, or 30 September. The change is allowed only when events occur that were not predictable at the time the program was presented. The general objectives of the operational programmes must be maintained and the amount of the operational fund must not be exceeded.

(2) Within the operational programme, without prior authorisation of the AMA, the authorised appropriations of a measure may be exceeded by up to 20%, provided that the total amount approved for the operational programme is not: is exceeded. Operational funds can be transferred from one measure to another without the approval of the AMA.

(3) Within the financial year, only partial implementation of the operational programme shall be permitted provided that the amount of the agreed amount is not exceeded by a maximum of 30% and the AMA shall be immediately, but no later than the following date: next 30 April, or 30 September of the year, is informed. The general objectives of the operational programmes must be maintained.

Special provisions for associations

§ 21. (1) Associations of producer organisations shall ensure that the risk of double financing is excluded.

(2) AMA may authorise associations of producer organisations, upon request, to establish their own operational programmes.

Crisis prevention and crisis management

§ 22. (1) The harvest prior to maturation or non-harvesting of fruit and vegetables is not a valid measure in the context of crisis prevention and crisis management.

(2) In the case of measures taken in the context of crisis prevention and crisis management, the objectives of the national strategy and of the national framework shall be pursued. These include in particular:

1.

Structural consolidation and conservation of agricultural land and farms in Austria,

2.

Observance of the principles of economic efficiency, expediency and economy,

3.

taking into account all the public funds used,

4.

Conserving the environment and the resources and

5.

Use and maintenance as well as insurance obligations with regard to all investment items.

(3) In the case of all measures in the context of crisis prevention and crisis management, producer organisations shall ensure that these measures are additional and not already in place:

(4) Only measures which can be rapidly implemented and applied by producer organisations in order to counteract crisis situations are permitted. The nature of the measures should be chosen in accordance with the national strategy.

(5) The planned measures of crisis management shall be submitted jointly with the application for approval or amendment of the operational programme of the AMA.

(6) Crisis prevention and crisis management measures may also be carried out by non-members of a producer organisation only through such a producer organisation.

(7) Where the Community financial assistance is increased in accordance with the second and third subparagraphs of Article 34 (2) of Regulation (EU) No 1308/2013, the implementation of this increase shall be carried out in the course of the approval of the operational programme.

Implementation of crisis prevention and crisis management measures

§ 23. Within the framework of crop insurance measures, producer organisations may not enter into contracts with insurance undertakings whose institutions are in a personal or economic close relationship with the producer organisation.

The producer organisations and their members shall, in any event, exercise every diligence in order to avoid crop losses and, in doing so, they shall use, in particular, those instruments which shall be used by the grouping of producers into a Producer organisation is only made possible.

(3) The costs to be taken into account in the setting up of a mutual risk fund shall be, in particular, contract costs, administrative costs, and personnel costs. The establishment of a mutual risk fund should not result in any financial imbalances within the producer organisation as regards individual producers.

(4) The purpose of the measure "withdrawals of the market" is to be distributed free of charge only. In this connection, "charitable institutions" must be regarded as those institutions which are subject to the conditions laid down in § § 34 to 47 of the Federal Act on General Provisions and the Procedure for the Tax Authorities of the Federal Government, the Länder and the Federal Republic of Germany. Municipalities managed by the Federal Tax Code (BAO). The AMA has a list of entities which are referred to in Article 34 (4) (4). b of Regulation (EU) No 1308/2013, to be drawn up. The recipients of the products are exempt from the obligation to carry out the book in respect of the withdrawal of the market.

Section 4

Tasks in the milk sector

Control of the offer in the case of certain cheese

§ 24. Recognised producer organisations, interbranch organisations or an association of economic operators in accordance with Article 3 (2) of Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, OJ L 327, 31.12.2012, p. No. 8., a question pursuant to Article 150 of Regulation (EC) No 1308/2013 laying down binding provisions for the management of the offer of cheese with a protected designation of origin or a protected geographical indication with the Federal Minister for Agriculture, Forestry, Environment and Water Management. At the same time, the documents must be submitted for proof of compliance with the requirements.

Section 5

Contract Relationship Rules

Contract content in the milk sector

§ 25. (1) The contracts concluded in the milk sector for the supply of raw milk by a milk producer to a first purchaser within the meaning of Article 151 of Regulation (EU) No 1308/2013 shall, as from 1 February 2016, be subject to the pricing of the contracts referred to in this Section shall be in accordance with the criteria set out in respect of quality and value-determining characteristics and their methods of assessment, as well as on conversion, and shall be used for the examination of a laboratory listed in accordance with § 29 of the AMA.

(2) Paragraph 1 shall not apply to first-time purchasers who take over a maximum of 24 000 kg of raw milk each year.

Conversion factor

§ 26. If the milk is to be replaced in litres, the factor is to be converted by a factor of 1.025 to kilograms. The quantities of milk delivered by a milk producer to a decimal place in kilograms are to be counted monthly and to round up to a whole kilogram of commercial round.

Assessment criteria

§ 27. (1) The assessment shall be based on the fat content, protein content, germ count, inhibitors, freezing point and content of somatic cells. In this case, are

1.

the fat and protein content of at least three studies per month with the aid of infrared spectrophotometry,

2.

the number of germs and cells in at least two examinations per month with the aid of the automated fluorescence optical counting method,

3.

the inhibitors in at least one study per month using the Brillantschwarz reduction test and

4.

the freezing point in at least one examination per month by means of cryoscopy or infrared

to determine.

(2) The basis for the evaluation shall be:

1.

in the case of the fat and protein content, the arithmetic mean of the results of the examination, rounded up to two decimal places;

2.

in the case of the germ count of the fixed seed-number comparison value (arithmetic mean) of the billing month. If this value is higher than the fixed limit value of assessment level 1, the geometric mean of the accounting month and of the month preceding the accounting month shall be used as an evaluation for the assessment level 1 if the evaluation stage is The result at least of the evaluation stage 1 is obtained. In the case of new suppliers (which are milk producers who have no results from the month preceding the month of settlement), a germination value of 50 000 per ml shall be adopted;

3.

the somatic cell content of somatic cells in the accounting month (arithmetic mean). If this value is higher than the fixed limit value of assessment level 1, the geometric mean of the accounting month and the two months preceding the accounting month shall be used as an evaluation for the assessment stage 1 if the The result at least of the evaluation stage 1 is obtained. In the case of new suppliers, a cell count of 250 000 per ml shall be accepted;

4.

in the case of the inhibitors, the observed result of the inhibitor studies in the accounting month. If there is a positive result, the milk producer must be verifiably informed by the first purchaser and excluded from the transaction. According to § 5 of the German Federal Law on Safety Requirements and other requirements for food, consumer goods and cosmetic products, the milk is for the protection of consumers (food safety and health care and consumer protection). Consumer Protection Act-LMSVG), BGBl. I No 13/2006, until the milk producer provides evidence of the absence of an inhibitor of his delivery milk by means of a laboratory listed in accordance with § 29 of the AMA. If there is a positive result in an accounting month, the milk that has been taken out of the supply barrier must be classified as anti-hemmas;

5.

at the freezing point of the frozen point in the accounting month. For the quality classification, the limit value of -515 m ° C, taking into account the critical difference of + 4 m ° C (maximum permissible value -511 m ° C), must not be exceeded. The detection of foreign water must be carried out by a full sample, which must be investigated in accordance with the method used for the routine examination. The procedure for drawing the full sample shall be determined by the AMA and shall be disclosed.

(3) The classification according to quality characteristics shall be carried out in accordance with the following procedure:

1.

The following assessment levels shall apply to the classification according to quality characteristics:

Assessment criterion

Limit

Severity level

Germ count

up to 50 000 per ml

S

up to 100 000 per ml

1

More than 100 000 per ml

2

Cell count

up to 250 000 per ml

S

up to 400 000 per ml

1

more than 400 000 per ml

2

2.

For the classification into the evaluation stage S, both the limit value for the number of bacteria and the number of cells which have been cited for this evaluation stage must be reached. If the milk is not to be placed on the market temporarily during the month of the investigation, because, for example, there is a sample which is positive for inhibitors, it is not possible to classify the milk into the evaluation stage S or 1.

3.

For the monthly delivery of milk from a milk producer, it may be possible to take a drop off if it does not meet at least the requirements of assessment level 1 or if the limit value is exceeded in respect of the freezing point.

4.

Milk with positive detection of inhibitors, with the addition of foreign water or in cases of non-compliance with food law provisions which have been legally established shall not be placed on the market.

Sampling

§ 28. (1) The sampling shall be carried out by suitably qualified persons. In any case, a relevant completed vocational training or a corresponding technical instruction concerning sampling and sample transport is considered as professional competence. This instruction will be carried out by laboratories listed under Section 29 (4) of the AMA. The suitability for sampling must be confirmed after completion of instruction from the training centre. The training of the rehearsals shall be repeated no later than three years. A first instruction can be carried out by suitable persons in the holding and is valid for three months. At the latest by the end of this period, a training of the sample ehmer shall be carried out by a laboratory listed by the AMA.

(2) The total cost of the tests to determine the quality characteristics and the ingredients of the milk delivered, including the cost of sampling and the transport of samples, shall be borne by the first-time buyers.

(3) The milk producer shall be entitled, within the framework of routine sampling, to carry out counter-samples by authorized persons and to have it checked in the case of an authorised investigative body of his choice.

Technical Detail Preferences

§ 29. (1) The detailed technical specifications for the classification of milk and the method of sampling and sample transport, including a list of laboratories to be used for the conduct of the investigation, and for the implementation of Ring tests are carried out by the AMA and are to be published in the AMA's release sheet.

(2) In particular, the AMA shall be responsible for:

1.

the sampling procedure,

2.

the inspection of equipment for a non-prescription and representative sample;

3.

the procedure for missing samples, and

4.

the procedure for counter-samples.

(3) The AMA shall disclose the reference methods and may include individual types of equipment and methods of examination, provided that the equivalence with the reference method is established on the basis of validation and if it is in the state of the art shall be declared admissible.

(4) The list of laboratories which can be entrusted with the implementation of the milk quality and content-substance investigation shall be made known by the AMA in the publication of the publication. The AMA may only be laboratories, which

1.

have a staff and technical equipment suitable for carrying out the tasks,

2.

to ensure the quality of the results of the investigation,

3.

ensure that the results of the tests and the data of the equipment controls are kept for at least three years with reference materials; and

4.

apply for inclusion in the list,

in the list. If these conditions are not or no longer exist, the laboratory shall be notified in a modest manner and may be removed from the list if necessary. Similarly, with regard to the studies and the time-limit between sampling and examination, the AMA will be able to provide the laboratories with the information necessary for proper implementation, according to the state of the art.

(5) The preservation solution to be used by the laboratories is to be produced in a company that works with quality assurance and is commissioned by the AMA to produce the preservative solution.

Disclosure and co-action obligations

§ 30. In order to verify compliance with the provisions laid down in this Section, the obligations referred to in paragraph 5 shall also apply to third parties, whether or not to first-time buyers, laboratories or milk producers, and in the event of a complete or partial transition. of the holding also for the legal successor.

6.

Final provisions

§ 31. (1) This Regulation shall enter into force 15. October 2015, in force.

(2) With the entry into force of this Regulation,

1.

the Regulation on producer organisations for fruit and vegetables and associations of producer organisations for fruit and vegetables (fruit and vegetables EO-VO), BGBl. II No 444/2008,

2.

the Milk Concentrations Regulation (MZV), BGBl. II No 343/2012, as amended by the Regulation, BGBl. II No 52/2013, and

3.

the milk quota regulation 2007-MQuV 2007, BGBl. II No 209/2007,

except for strength.

(3) § 19 and the annex to § 19 MQuV 2007 will be repeal with 31.01.2016.

(4) MQuV 2007 shall continue to apply to facts which have been carried out by 31 March 2015 or relate to measures to be applied to situations realised by 31 March 2015. § 19 MQuV 2007 and the Appendix to § 19 are also up to and including 31. January 2016 shall apply raw milk deliveries to first-time buyers.

(4) Applications, advertisements and communications, which are based on periods after the 15. October 2015, may be submitted to AMA prior to the entry into force of this Regulation. Where applications, advertisements and communications relating to operational programmes relating to the 2016 implementation year have been submitted to the Federal Ministry of Agriculture, Forestry, the Environment and Water Management, these shall be submitted in accordance with the entry into force of this Regulation of the AMA

(5) Before the entry into force of this Regulation, applications submitted to the Federal Ministry for Agriculture, Forestry, the Environment and Water Management for recognition as a producer organisation or industry association, on which no decision has yet been taken, shall be submitted by the AMA.

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