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Schulobstverordnung 2015

Original Language Title: Schulobstverordnung 2015

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235. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the levy of fruit and vegetables in the framework of a School Fruit Scheme (Schulobstverordnung 2015)

On the basis of § § 6 (1), 7 (1) Z 15 and (5) as well as § § 22, 24 and 31 of the Market Order Act 2007 (MOG 2007), BGBl. I n ° 55/2007, as last amended by the Federal Law BGBl. I n ° 89/2015, shall be assigned in agreement with the Federal Minister for Finance:

Scope

§ 1. (1) The provisions of this Regulation shall be implemented

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. OJ L 347, 20.12.2013 S 671,

2.

Regulation (EU) No 1370/2013 laying down measures for the fixing of certain aids and refunds in the context of the common organisation of the market in agricultural products, OJ L 327, 31.12.2013, p. No. OJ L 346, 20.12.2013 p. 12, and

3.

of Regulation (EC) No 288/2009 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the granting of Community aid for the supply of fruit and vegetables, processed fruit and vegetables and of Banana products to children in schools in the framework of a School Fruit Scheme, OJ L 327, 30.4.2004, p. No. OJ L 94 of 08.04.2009 p. 38.

(2) Participation in the programme for the supply of fruit and vegetables to the beneficiaries in accordance with § 3 ('the School Fruit Scheme ') shall be carried out in accordance with the legislation referred to in paragraph 1.

Responsibility

§ 2. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible for the definition of the national strategy pursuant to Article 3 of Regulation (EC) No 288/2009, in agreement with the Federal Minister for Health.

(2) For the enforcement of the other provisions of the legislation referred to in § 1, insofar as these relate to the school fruit and vegetable programme pursuant to Art. 23 et seq. of Regulation (EU) No 1308/2013, the market organisation body "Agrarmarkt Austria" (AMA).

Beneficiaries

§ 3. Beneficiaries are children who regularly visit a facility in accordance with Article 22 of Regulation (EU) No 1308/2013.

Levy of products under the School Fruit Scheme

§ 4. (1) Aid under the School Fruit Scheme shall be granted for the supply of the following products:

1.

fresh fruit, including bananas (whole or divided and packed); and

2.

fresh vegetables (whole or disassembled and packaged).

(2) State aid is exclusively fruit and vegetables, which do not require any further preparation (excluding washing, peeling or slicing) and which, in itself, constitutes a meal which can be consumed directly by a child. It is preferable to offer regional and seasonal products.

Other measures in the framework of the School Fruit Scheme

§ 5. Aid under the School Fruit Scheme shall be granted for the following other measures:

1.

Evaluations of the School Fruit Scheme pursuant to Art. 5 (1), first subparagraph, lit. (b) (ii) of Regulation (EC) No 288/2009,

2.

Communication measures referred to in the first subparagraph of Article 5 (1). (b) (iii) of Regulation (EC) No 288/2009; and

3.

Accompanying measures in accordance with Article 5 (1), first subparagraph, lit. (b) (iv) of Regulation (EC) No 288/2009:

a)

Event of tastings, whereby the coverage of the remaining 25% of eligible costs according to § 6 of the national eligible costs shall be effected by private funds, and

b)

Preparation of teaching materials for general use to educate children about agriculture, healthy eating habits and environmental issues related to the production, supply and consumption of fruit and vegetable products , the coverage of the remaining 25% of the eligible costs to be paid at national level shall be borne by public national funds in accordance with § 6.

Conditions and level of support

§ 6. The eligible costs of participation in the School Fruit Scheme will be covered by EU aid under Article 5 of Regulation (EU) No 1370/2013, 75% of which is eligible for aid. The remaining 25% of eligible costs may be wholly or partly covered by public national funds, provided that the participation of the countries in accordance with Section 3 of the Agricultural Law 1992, BGBl. No 375/1992. In the case of no or only partial coverage of the national remaining 25% of eligible costs by public national funds, the coverage of the remaining 25% of eligible costs by the national authorities shall be provided by private Means to be carried out.

Admission of applicants

§ 7. (1) Applicants shall be admitted by the AMA if the conditions are fulfilled in accordance with the legislation referred to in § 1.

(2) In the case of suspension or withdrawal of authorisation, no aid shall be granted for supplies which are carried out during the suspension or after the withdrawal of the authorisation.

Granting of aid for the supply of products

§ 8. (1) The aid shall be granted on application by the AMA if the conditions laid down in the legislation referred to in Article 1 are fulfilled.

(2) The application shall be submitted at the choice of the applicant. Applicants for one to four months of delivery shall be placed at the latest by the end of the third month following the end of the period to which it relates. Delivery days in July of the previous school year can be requested together with the delivery days for June.

(3) In the case of an application for the aid, all documents relating to the quantities delivered and the relevant invoices plus proof of payment must be provided. The proof of delivery and the invoices shall be given in the name of the applicant respectively. of the applicant or of the facility being supplied. Where the nationally applicable 25% of eligible costs are borne by the applicant in full in accordance with Article 6, proof of the quantities delivered and a cost allocation shall be provided for the estimated price.

(4) Instead of presenting the evidence in accordance with paragraph 3 for the quantities actually delivered and the proof of payment in this respect, an extract of the accounts receivable account, of which only the payments for the deliveries of the school fruit products, can be made shall be used as proof of payment for the quantities delivered under this Regulation.

(5) State aid payments shall be made until the financial framework available for each school year has been exhausted.

(6) The periods mentioned shall apply to all beneficiaries, whether or not they are pupils, whether or not they are pupils. Pupils are involved, even if these periods are marked with "school year".

Granting of aid for other measures

§ 9. (1) For measures pursuant to § 5 (1), a detailed project description plus an estimate of the costs is to be submitted to the AMA after the approval has been granted in accordance with § 7.

(2) The authorisation shall be based on the date of the entry into the AMA of eligible projects and shall be approved until the financial framework available for each school year for the measures referred to in Article 5 (1) has been exhausted. A project in accordance with § 5 (1) is eligible if the services of the planned measure correspond to the price set out in the project description.

(3) The implementation of the measures pursuant to Section 5 (1) may not be initiated until after approval by the AMA.

(4) The aid shall be granted on application by the AMA if the conditions laid down in the legislation referred to in Article 1 are fulfilled. The application for payment of the aid shall be submitted no later than the last day of the third month following the implementation of the project.

(5) In the case of the application by means of a form, the following must be submitted:

1.

for the measures referred to in Article 5 (1) (1) (1) and (2), all supporting documents proving the amount and, where appropriate, proof of payment of the costs submitted;

2.

for measures in accordance with § 5 (1) Z 3 lit. a a confirmation of the school about participation in the project or on the implementation of the project plus indication of the number of children who have taken part, as well as all evidence of the amount and proof of payment of the costs submitted, and

3.

for measures in accordance with § 5 (1) Z 3 lit. b the teaching materials produced as well as all receipts for the proof of the amount of the submitted costs.

Reporting requirements

§ 10. (1) In accordance with § 8, the AMA shall, in good time before the implementation of the measure, have a list of the school fruit products on offer, indicating the average prices to be applied to the criterion of commercial practice. shall be in accordance with this Regulation.

(2) As far as measures pursuant to § 39 of the Food Safety and Consumer Protection Act (LMSVG), BGBl. I n ° 13/2006, the AMA is a member of the applicant. to inform the applicant of these measures within one week. No aid shall be granted for deliveries within the period in which the measures have been taken in accordance with Article 39 of the LMSVG, provided that the products were not placed on the market.

Recording and retention obligations

§ 11. Applicants shall have the necessary records to record the conditions required for the use of the aid. Records drawn up on the basis of other provisions may be used. Applicants shall be obliged to keep the records and the supporting documents relating to them seven years from the end of the calendar year to which they refer, in a safe and orderly manner.

Disclosure and co-action obligations

§ 12. (1) Applicants shall be subject to the institutions and representatives of the Federal Ministry of Agriculture, Forestry, the Environment and Water Management, the AMA, the Court of Auditors and the European Union (hereinafter referred to as "audit institutions"). allow the holding and storage rooms during business and operating hours or by agreement to provide information on request for inspection, records, records and other documents for inspection, to allow for the appropriate checks and the necessary Support to be granted. In the case of automated accounting, applicants have to print lists of the required information free of charge to the examiners on request. Copies of the documents must be made available free of charge at the request of the necessary extent.

(2) The duty to carry out and carry out obligations pursuant to paragraph 1 shall also apply to those bodies referred to in Article 22 of Regulation (EU) No 1308/2013, which do not submit applications themselves.

(3) Where a VAT identification number (UID number) has been issued to applicants, the AMA shall be notified of the UID number, the relevant tax number and the relevant tax office.

Patterns and forms

§ 13. To the extent that samples or forms are applied by the AMA in connection with the School Fruit Action, these are to be used.

entry into force

§ 14. (1) This Regulation shall enter into force with the date following its presentation.

(2) With the entry into force of this Regulation, the Schulobstverordnung, BGBl. II No 284/2011, except for force.

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