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249. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on Reporting Obligations in the Milk Industry (milk registration regulation 2010-MMV 2010)

On the basis of § § 22, 23 and 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.		Directive 96 /16/EC on the statistical surveys of milk and milk products, OJ L 206, 22.7.1996, p. No. OJ L 78, 28.03.1996 p. 27,
3.		Regulation (EU) No 479/2010 laying down detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards communications from the Member States to the Commission in the milk and milk products sector, OJ L 299, 16.11.2010, p. No. OJ L 135, 02.06.2010 p. 26, and
4.		Decision No 97 /80/EC laying down detailed rules for the application of Council Directive 96 /16/EC on the statistical surveys of milk and milk products, OJ L 139, 30.4.1997, p. No. OJ L 24 of 25.01.1997 p. 26.

Responsibility

§ 2. The market organisation Agricultural Market Austria (AMA) is responsible for the enforcement of this Regulation and of the acts referred to in § 1.

Definition

§ 3. (1) Companies within the meaning of this Regulation are:

1.		Buyers according to § 18 of the milk quota regulation 2007, BGBl. II No 209, as amended,
2.		Holdings which, without themselves, take on the body of milk, process, process or manufacture drinking milk or milk products, even if the milk is delivered to other undertakings for further processing or processing.

(2) Milk within the meaning of this Regulation shall be the Gemelk of one or more cows, sheep, goats or buffalo. However, the reporting requirements pursuant to § § 4 to 7 (except in accordance with § 6 (2)) only apply to cow's milk.

Decadals

§ 4. The companies have decade-wise (these are the periods 1. up to 10, 11. to 20. and 21. by the end of a calendar month) to report the raw material intake (quantity of cow's milk delivered).

Monthly messages

§ 5. (1) The companies have to report monthly:

1.		the raw material input (quantity, fat content and protein content of the cow's milk delivered) separately on the basis of their own delivery and the quantity purchased, with the raw material input according to the respective Member States and/or Third countries shall be led separately;
2.		milk supply (quantity, fat content and protein content of the versended cow's milk and cream), broken down into
a)			Deliveries within the Federal territory and
b)			Deliveries to other States;
3.		the production of milk and milk products,
4.		the stock of milk and milk products;
5.		the marketing of milk and milk products; and
6.		the payment price for milk.

(2) Companies with a number of premises shall be notified separately for each Land in which they have a permanent establishment.

(3) AMA is entitled to request data from the companies concerning the use of protein in the milk products, insofar as this is necessary for the assessment of the protein situation.

Annual reports

§ 6. (1) Companies which have several establishments shall report annually for each establishment over the previous calendar year in accordance with Article 5 (1) (1) (1) to (5) separately.

(2) Companies taking ovine, goat or buffalo milk shall report annually the raw material intake and the use of raw materials.

(3) The companies have to report annually the number of workers and employees in the establishments.

Price notifications

§ 7. (1) Each week the quantities and the weighted factory output prices for the products invoiced in the previous week are to be reported in accordance with Article 2 (1) (1) of Regulation (EU) No 479/2010. The products covered by this obligation to report shall be laid down in Appendix 1.

(2) Each month the quantities and the weighted factory output prices for the products invoiced in the previous month must be reported in accordance with Article 2 (2) (2) of Regulation (EU) No 479/2010. The products covered by this obligation to report shall be laid down in Appendix 2.

(3) The products listed in Annexes 1 and 2 shall be reviewed annually by AMA and, where appropriate, adjusted by Regulation, by 30 June at the latest, on the basis of the previous year's production, in accordance with the criteria laid down in Regulation (EU) No 479/2010. In the case of different products within the same category, a guide product to which the reporting obligation relates is to be determined. The reporting requirements are those companies which are ranked according to the highest production shares and whose production share of the product is at least 50% of the national production volume of this product. In any case, three companies are subject to the notification requirement where they exist. If a company or company together have at least 80% of the national production volume of this product and a maximum of three companies manufacture this product, only the main undertaking or the main undertakings shall be subject to the following conditions: the reporting obligation, which reach the above 80%. Insofar as changes are made for the following reporting period, the companies subject to reporting requirements shall be informed by AMA in writing at the latest by 30 June of their notification obligation. The notification obligation shall begin with the 1st August following this notification and shall consist of up to the revocation of the notification obligation by the AMA.

Other reporting requirements

§ 8. In the event of an imminent threat of disruption of supply or of an already occurring supply disruption within the meaning of Section 1 of the Food Management Act 1997, BGBl. No 789/1996, the AMA may require notifications for a shorter reporting period by way of derogation from § § 4 to 7.

Common provisions

§ 9. (1) The quantity data shall be based on the weight units indicated.

(2) The products to be reported shall refer to the code numbers notified by the AMA. Where new code numbers are announced for products newly introduced on the market, the products designated by these code numbers shall be classified under the main code numbers notified by the AMA and shall be notified accordingly.

(3) The reporting obligations of the company as well as of the notifiable person pursuant to § 5 (2) and § 6 (1) are the responsibility of the owner or the owner. the responsible manager.

Date of notifications

§ 10. To the AMA are to be transmitted:

1.		the weekly price reports (§ 7 para. 1) arrive at the AMA at the latest by Tuesday, 3 p.m.,
2.		the decadal declarations (§ 4) no later than ten days after the end of the period,
3.		the monthly reports of the payment price for milk (§ 5 (1) (6)) at the latest on 25 April 2003. Day after the end of the reporting month,
4.		the monthly reporting pursuant to § 5 (1) (1) (1) to (5) at the latest by the 35. Day after the end of the reporting month,
5.		the monthly reporting pursuant to § 7 para. 2 at the latest on 8. Day after the end of the reporting month, and
6.		the annual reports to be issued (§ 6) no later than 90 days after the end of the reference year.

Formal requirements

§ 11. (1) The notifications shall be made in accordance with the patterns laid down by the AMA.

(2) The patterns to be laid down by the AMA shall be subject to the following conditions of entry:

1.		Name/Company and address of the reporting person,
2.		AMA operational number,
3.		reporting period,
4.		Quantity data,
5.		Price indication.

Derogation

§ 12. (1) The AMA may allow the company to buy the milk or cream from the buyer instead of the buyer (§ 3 para. 1 Z 1) if this serves to simplify administration and to ensure compliance with the notification requirement. is.

(2) In duly substantiated cases, AMA may, upon request, grant Fristerextensions for the notifications to be issued in accordance with § 10. These Fritations may not exceed 14 days.

Recording requirements

§ 13. (1) The notifiers shall keep the records required for the notifications in accordance with § § § 4 to 7. Such records shall be capable of representing the actual intake of milk, the use of milk and the stocks and the disposal of milk and milk products.

(2) The records shall be kept four years from the end of the calendar year to which they relate, with the diligence of a prudent businessman. Longer retention periods in accordance with other regulations shall remain unaffected.

Disclosure and co-action obligations

§ 14. The Reporting Persons have the institutions and officers of the Federal Ministry of Agriculture, Forestry, Environment and Water Management, the AMA, the Court of Auditors, the European Union and the European Court of Auditors (hereinafter referred to as 'Prüforgane') (hereinafter referred to as "the") shall be permitted to enter the operating and storage rooms during the business and operating hours or by agreement and, upon request, to submit the relevant books, records, documents and other documents for inspection; To provide information and to provide the necessary assistance. In the case of automation-assisted accounting, they have to print lists of the required information on request at their expense. Copies of the documents shall be made available free of charge upon request at the necessary level.

entry into force

§ 15. (1) This Regulation shall enter into force on 1 August 2010.

(2) With the entry into force of this Regulation, the milk reporting regulation 2008, BGBl. II No 306/2008, except for force.

(3) However, the Regulation referred to in paragraph 2 shall continue to apply to reporting obligations relating to periods before the entry into force of the present Regulation.

Berlakovich

Annex 1 to § 7 (1)

The weekly reporting obligation pursuant to section 7 (1) relates to the following products:

1.		Molkepulver (25 kg)
2.		unsalted butter (guide products: tea butter 250 g, in aluminium foil and tea butter 25 kg block)
3.		Gouda (conductive product: Gouda 45% F.i.T., ingot, film-ripened)
4.		Edamer (conductive product: Edam 45% F.i.T., 16 kg block, film-ripened)
5.		Emmental (lead product: Emmentaler 45% F.i.T., 80 kg block)

Annex 2 to § 7 (2)

The monthly reporting obligation pursuant to § 7 (2) relates to the following products:

1.		Mountain cheese (guide product: mountain cheese 45% F.i.T., 30 kg block)
2.		Cooking pots (conductive product: cooking pot 20% F.i.T.)
3.		Cottage Cheese (Leitproduct: Cottage Cheese 20% F.i.T.)