Implementation Of Temporary Special Measures To Support The Sector Of Fruits And Vegetables

Original Language Title: Durchführung von befristeten Sondermaßnahmen zur Stützung des Sektors Obst und Gemüse

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210. Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the implementation of temporary special measures to support the fruit and vegetable sector

On the basis of § § 9, 17 and 22 to 28 of the Market Order Act 2007 (MOG 2007), BGBl. I n ° 55, as last amended by the Federal Law BGBl. I No 23/2010, shall be ordered:

Scope

§ 1. The provisions of this Regulation shall be implemented

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 L 327, 31.12.2007, p. No. OJ L 299, 16.11.2007, p.

2.

Regulation (EC) No 1580/2007 laying down detailed rules for the application of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector, OJ L 327, 22.12.2007, p. No. OJ L 350, 31.12.2007, p. 7, as last amended by Regulation (EC) No 590/2008, OJ L 327, 30.12.2008, p. No. OJ L 163, 24.06.2008 p. 4,

3.

Implementing Regulation (EU) No 543/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetable and processed fruit and vegetables sectors, OJ L 327, 31.12.2007, p. No. OJ L 157, 15.06.2011 p. 1 and

4.

Commission Implementing Regulation (EU) No 585/2011 of the Commission on temporary special measures to support the fruit and vegetable sector, OJ L 327, 28.11.2011, p. No. OJ L 160, 18.06.2011 p. 71.

Responsibility

§ 2. The market regulation and intervention agency "Agrarmarkt Austria" (AMA) shall be responsible for the implementation of this Regulation and the legislation referred to in § 1, unless the Federal Minister of Land and State has provided other provisions for the implementation of this Regulation. Forestry, the environment and water management.

Message

§ 3. (1) The notification of the measures referred to in this Regulation shall be submitted to the AMA by means of forms which are issued by the AMA.

(2) The notification shall contain the following information:

a)

the nature of the measure (withdrawal of the market or non-harvest);

b)

the type of production (open-air or glass-based vegetables);

c)

nature of the product (salads, cucumbers, tomatoes, paprika or zucchini);

d)

the relevant quantities in kilograms per product type in the case of withdrawals;

e)

the areas in question in the case of non-harvest, less already harvested areas or less harvested quantities in kilograms.

(3) Where measures are requested which have been carried out before the entry into force of the Implementing Regulation (EU) No 585/2011, appropriate evidence shall also be provided by the supplement of accounting documents (in particular, accounts relating to: (a) seed) and, possibly, by means of photographs or similar documents.

Participation

§ 4. (1) Recognised producer organisations may, in any event, participate in the special measures. The operational programmes shall be amended accordingly, provided that the aid referred to in Annex I, Part A, of Regulation (EU) No 585/2011 is also used.

(2) In accordance with Article 5 of the Implementing Regulation (EU) No 585/2011, producers who are not members of a recognised producer organisation ('the non-members ') may be entitled to the special measure of non-harvest without involvement in a Producer organisation.

(3) Non-members shall conclude a written contract by means of the special measure of withdrawal of the market which is to be carried out exclusively through a producer organisation.

Adoption of the notification

§ 5. The AMA shall inform the applicant within one working day of the receipt of the notification as to whether an on-the-spot check is taking place or the products can be destroyed.

Nature

§ 6. (1) Products not intended for marketing must not be included in the special measures.

(2) With regard to the products which have already been withdrawn from the market and have been destroyed (the nature of which is therefore no longer detectable), the resolution body shall decide, on the basis of the accompanying documents, whether account shall be taken within the framework of the of the special measures is possible.

Purpose

§ 7. The products withdrawn from the market, except in the case of non-harvest products, may only be disposed of in an environmentally sound manner (such as treatment and recovery in accordance with the provisions of the Waste Management Act 2002, BGBl. I n ° 102). This must be reported in writing to the AMA.

Aid level and payout

§ 8. (1) The aid shall be granted in accordance with the legislation referred to in Article 1 and, in the case of non-harvest, on the basis of the rules applicable to the types of products in question in the Annex is calculated.

(2) Producer organisations shall carry out payments to their producers. This also applies to those producers who are non-members and who have withdrawn their products from the market through producer organisations. Producer organisations shall be entitled to withdraw and withhold the costs of implementing the special measure immediately from the aid to be paid to non-members.

(3) Non-members who have applied for the aid to the AMA will also be paid directly by the AMA.

Disclosure and co-action obligations

§ 9. (1) The institutions and representatives of the Federal Ministry of Agriculture, Forestry, the Environment and Water Management, the Agricultural Market Austria, the Court of Auditors, the European Union and the European Court of Auditors (hereinafter referred to as 'Prüforgane'). shall be the subject of business, operating and storage facilities and the taking of samples of products withdrawn from the market during business or operating hours.

(2) The examiners shall be entitled to inspect the accounts and all documents which they consider to be necessary for their examination. Copies of the documents are to be made available free of charge upon request.

(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) As far as producers and producer organisations have a VAT identification number (UID number), the AMA shall be notified of the UID number, the relevant tax number and the competent tax office. Non-members shall report this through producer organisations, at the same time as the delivery date of the goods is notified to producer organisations.

Recording and retention obligations

§ 10. (1) Without prejudice to the legislation referred to in Article 1, producer organisations and non-members participating in the special measure shall be obliged to carry out properly commercial books and to make regular financial statements. Producer organisations shall make separate records of goods entry and exit books relating to the goods, broken down by product of the producer organisation and the product of non-members.

(2) The participants in the special measures shall be obliged to apply the documents referred to in paragraph 1 and the business documents relating to them seven years from the end of the calendar year to which they relate, with the care taken by a To keep the operator, unless longer retention periods are in accordance with other regulations.

Penalties

§ 11. (1) An administrative surrender pursuant to Section 30 (1) Z 2 of the MOG 2007 is to be carried out.

1.

false information about the goods entered into the special measure,

2.

Use of intervention goods contrary to § 7 or

3.

in other ways, contrary to this Regulation.

(2) If, on the occasion of a control activity, the AMA causes an additional outlay due to the fault of a participant, for example, by the non-performance of the products at the agreed time, an invoice of this additional expense shall be effected.

Recovery and return

§ 12. (1) The sums unduly received shall be repaid.

(2) The amounts to be repaid to the AMA shall, unless otherwise specified in the legislation referred to in § 1, be galvanissed from the day of receipt up to the day of the repayment at 3% above the base rate of interest per year. The day of receipt shall be the third working day after the date of the value of the direct debit on the account of the AMA.

Berlakovich