210. Regulation of the Federal Minister for agriculture and forestry, environment and water management to the implementation of temporary special measures to support the sector of fruits and vegetables
On the basis of articles 9, 17 and 22 to 28 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:
Scope of application
§ 1. The provisions of this regulation are implementing 1 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, 2. Regulation (EC) No 1580/2007 laying down detailed rules for the regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) no 1182/2007 of the Council in the sector of fruits and vegetables, OJ No L 350 of 31.12.2007 S 7, as last amended by Regulation (EC) No. 590/2008, OJ No. L 163, June 24, 2008 p. 4, 3. the implementing Regulation (EU) No. 543/2011 laying down detailed rules for the application of Regulation (EC) No. 1234/2007 of Council for the sectors of fruit and vegetables and products processed from fruit and vegetables, OJ No. L 157 of the 15.06.2011 p. 1 and 4 of the implementing Regulation (EU) No. 585/2011 of the Commission with temporary special measures to support the sector of fruits and vegetables, OJ No. L 160 of the 18.06.2011 p. 71.
§ 2. responsible for the implementation of this regulation and the legislation referred to in section 1 is the wrap - and intervention agency "Agrarmarkt Austria" (AMA), if the Federal Minister for agriculture and forestry, environment and water management is not responsible under other provisions.
§ 3 (1) is the message of the measures under this regulation using forms, which are imposed by the AMA, to submit this.
(2) the message must contain the following information: a) type of action (withdrawal or not harvesting);
b) type of production (outdoor or greenhouse vegetables);
(c) nature of the product (salad, cucumbers, tomatoes, peppers or Zucchini);
(d) the respective quantities in kilograms per type of product in market withdrawals;
(e) the respective areas in case of not harvest less already harvested areas or less harvested quantities in kilograms.
(3) measures apply, no. 585/2011 were carried out before the entry into force of the implementing Regulation (EU), is an appropriate proof by the side dish of accounting documents (in particular invoices relating to seed) so in addition as well as to submit any photographic recordings or similar documents.
4. (1) recognised producer organisations can participate in the special measures in any case. The operational programmes be changed if also the aid referred to in annex I part A of Regulation (EU) No. 585/2011 claim is taken accordingly.
(2) pursuant to article 5 of the implementing Regulation (EU) No. 585/2011, to producers who are not members of a recognised producer organisation (in the following: non-members) take part in the special action of the harvest without the involvement in a producer organisation.
(3) non-members have on the special action of withdrawal, which only about one producer organisation is making to conclude a written agreement with this.
Acceptance of the message
§ 5. The AMA tells the applicant within one working day after receipt of the message, whether a-venue inspection takes place, or the products can be destroyed.
Section 6 (1) products which are not intended for marketing may be not included in the special measures.
(2) with respect to the products, which has already been taken off the market and destroyed (whose Beschaffenheit is no longer possible to determine) the clearing agency on the basis of the document accompanying decides whether a consideration within the framework of special measures is possible.
§ 7. Excluded the products withdrawn from the market - when not crop - may only environmentally friendly disposal (including treatment and recycling in accordance with the provisions of the waste management Act 2002, Federal Law Gazette I no. 102) be. It is to report on the AMA in writing.
Aid amount and payment
Section 8 (1) the aid are in accordance with the legislation referred to in paragraph 1 as well as in the case of the harvest on the basis he mentioned reference values calculated for the respective product types in the system.
(2) the producer organisations carry out the processing of the payments to their producers. This is true also with regard to those producers who have taken their products through the producer organisations of the market and which are non-members. Producer organisations shall be entitled to deduct the costs for the implementation of the special action immediately from the aid to be paid to the non-members and to retain.
(3) non-members that have applied for the allowance for the AMA, get paid directly by the AMA.
Duldungs - and obligation to cooperate
§ 9 (1) is the institutions and representatives of the Federal Ministry of agriculture and forestry, environment and water management, the Agrarmarkt Austria, the Court of Auditors, the European Union and of the European Court of Auditors (hereafter referred to as inspection bodies) entering the business, to allow operating and storage rooms, as well as taking samples of products, which are taken from the market while the business or operating times.
(2) inspection bodies may, in the accounting and all documents which they consider for their examination as required to inspect. Copies of the documents are free of charge to provide upon request.
(3) in the case of the examination, an appropriate and informed respondent has to be present, to provide information and to provide the necessary support.
(4) the monitoring bodies can require the temporary provision of records and documents and to confirm its delivery in this case.
(5) where producers and producer organisations have a VAT identification number (UID - number), the AMA is the UID - number, notify the relevant tax number, as well as the competent tax office. Non-members report it through the producer organisations, simultaneously with the notification of the delivery of the goods to the producer organisations.
Recording and archiving requirements
Producer organisations, as well as the non-members taking part in the special measures required to properly maintain commercial books and to make regular financial statements are section 10 (1) without prejudice to the legal provisions referred to in paragraph 1. POS broke separate records in goods receipt and-ausgangsbüchern of the goods to make merchandise of the producer organisation and goods from nonmembers.
(2) the participants in the special measures are required, the documents referred to in paragraph 1 and the related business documents for seven years by the end of the calendar year, to which they relate, to be kept with the care of an entrepreneur, if not longer storage periods under other provisions.
11. (1) Z 2007 commits an administrative offence in accordance with article 30, paragraph 1 2 MOG, this regulation contrary to is misrepresentation of the goods found in the special measure is 1 who used 2. intervention goods contrary to section 7 or 3 in any other way.
(2) will be in on the occasion of a control activity by the fault of one of the parties, brought about by not before bringing the products at the agreed time, overhead, so AMA a clearing of this overhead.
Recovery and interest rate
Wrongly received amounts are § 12 (1) to pay back.
(2) on the AMA to redemption amounts are not in the section 1 otherwise legislation referred to unless otherwise provided, from the day of reception up to the date of redemption with 3 per cent above the base rate per year to pay interest on. The third working day is considered the day of reception after the day of the currency position of the direct debit to the account of the AMA.