492. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the integrated administration and control system in the area of direct payments, on compliance with cross-compliance and on the implementation of cross-compliance. on other horizontal rules (INVEKOS-CC-V 2010)

On the basis of § § 6 para. 2, 12, 22, 27 and 28 of the Market Order Act 2007 (MOG 2007), BGBl. I n ° 55, as last amended by the Federal Law BGBl. I No 86/2009, shall be:

Section 1

General

Scope

§ 1. This Regulation shall be used for

1.		of Regulation (EC) No 73/2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 OJ L 327, 30.12.2007, p. No. OJ L 30, 31.1.2009, p. 16,
2.		of Regulation (EC) No 1290/2005 on the financing of the common agricultural policy, OJ L 327, 31.12.2005, p No. OJ L 209, 11.8.2005, p.1,
3.		of Regulation (EC) No 1120/2009 laying down detailed rules for the implementation of the single payment scheme in accordance with Title III of Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes under the common agricultural policy and with certain rules Support schemes for farmers, OJ C 139, 30.4.2004, p. No. OJ L 316, 2.12.2009, p.1,
4.		of Regulation (EC) No 1121/2009 laying down detailed rules for the application of Council Regulation (EC) No 73/2009 as regards support schemes for farmers under Titles IV and V of the Regulation, OJ L 327, 31.12.2009, p. No. OJ L 316, 2.12.2009, p. 27,
5.		of Regulation (EC) No 1122/2009 laying down detailed rules for the application of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system within the framework of the Support schemes for farmers in accordance with the said Regulation and with detailed rules for the application of Regulation (EC) No 1234/2007 as regards compliance with other obligations under the support scheme for the wine sector, OJ No. OJ L 316, 2.12.2009, p.65,
6.		Regulation (EC) No 885/2006 laying down detailed rules for the implementation of Council Regulation (EC) No 1290/2005 as regards the approval of paying agencies and other bodies and of the clearance of accounts for the EAGF and EAFRD, OJ L 327, 30.12.2006, p. No. OJ L 171, 23.6.2006, p.
7.		other acts of the Council of the European Union and of the European Commission, on the basis of which the application of the integrated administration and control system is possible, unless otherwise provided in the relevant national rules is provided.

Responsibility

§ 2. (1) Unless otherwise specified in the following paragraphs, the market organisation "Agrarmarkt Austria" (AMA) shall be responsible for the enforcement of the acts referred to in § 1.

(2) In relation to the other obligations, the following shall be responsible:

1.		the AMA for control
a)			compliance with the basic requirements laid down in Regulation (EC) No 73/2009 Annex II
aa)				No. 1 to 9,
bb)				No 11-as far as plant protection products and biocides are concerned,
cc)				No 12-in so far as it concerns the application of Article 15 of Regulation (EC) No 999/2002, and
b)			compliance with the good agricultural and environmental condition in accordance with § 6;
2.		the Governor of the State for the control of compliance with the basic requirements laid down in Regulation (EC) No 73/2009 Annex II
a)			No. 10,
b)			No 11-with the exception of the control of the records of plant protection products and the control of the application and records of biocides,
c)			No 12-as far as the application of Articles 7, 11, 12 and 13 of Regulation (EC) No 999/2002 is concerned-and
d)			Nos. 13 to 15;
		the Governor of the State may also use other authorized bodies or departments to carry out such checks;
3.		the state government for the checks of the basic requirements laid down in Regulation (EC) No 73/2009 Annex II nos. 16 to 18, whereby the state government is the authority according to § 33 (1) of the Animal Protection Act, BGBl. I n ° 118/2004.

(3) In the case of the Chamber of Agriculture responsible for the registered office of the holder of the holding at the district level, the following must be submitted:

1.		The collection request in accordance with § 3,
2.		the application for a single farm payment, on the area payment for nuts and on aid for starch potato producers,
3.		Show or submit requests for transfers,
4.		Show changes that result in the actual or legal situation no longer being consistent with the statements or declarations, and
5.		Proof of compliance with the quality criteria required for the milk and/or meat performance test in accordance with section 15 (5) of the directive on the direct payment of a direct payment order.
In federal states, where there is no agricultural chamber at the county level, the country's agricultural chambers are responsible for their position.

(4) By way of derogation from paragraph 3, applications submitted in the course of automation-assisted data processing shall be submitted to the AMA.

(5) The days of the post shall be included in the time limit. For the period of validity, the entry into the Chamber of Agriculture in accordance with paragraph 3 and in the case of the application for the suckler cow premium and the dairy cow premium shall be relevant for the AMA.

Section 2

Application

Collection Application

§ 3. (1) The collective application (multiple trapping area) shall be applied by all farmers receiving direct payments or for measures pursuant to Article 85p or 103q of Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and with Special provisions for certain agricultural products, OJ L 327, 31.12.2002 No. 1., payments have been made within the last three years. The application for a collection must be submitted for the respective calendar year up to 15 May, using a form to be provided by the AMA. At the same time, the applicant must provide all the evidence required for the completion of his application. The relevant documents must be attached to the respective application. In addition to the information required in the acts referred to in § 1, the application shall contain the following information:

1.		name/company name, date of birth and address of the applicant,
2.		operational number; if the applicant has a number of operating numbers, he shall indicate the principal operating number;
3.		Social security number, company number or club register number of the applicant,
4.		Bank account and name account at a credit institution,
5.		Indication of the areas, separated after their use as
a)			Arable land, except for those areas for which a separate use according to lit. c to i shall be indicated,
b)			Permanent pasture land,
c)			fibre flax surfaces,
d)			slopes, including the indication of the variety and the indication of the quantity of seed per hectare;
e)			Nut areas for which the area payment for nuts is requested in accordance with Article 82 of Regulation (EC) No 73/2009,
f)			Starch potatoes for which the aid for starch potatoes is requested in accordance with Article 77 of Regulation (EC) No 73/2009,
g)			Fruit, vegetables and potato areas for which the aid is not requested under Article 77 of Regulation (EC) No 73/2009,
h)			Areas with permanent crops and fast-growing forest trees in the short-term drive within the meaning of paragraph 4 above,
i)			areas intended for the production of feed intended for drying in accordance with Article 86 of Regulation (EC) No 1234/2007,
j)			wine-growing areas,
k)			areas on which a temporary basic use is made in the public interest;
l)			areas set aside under measures supported by public funds,
6.		in the case of the irrigation of areas, an indication as to whether or not there is a permit issued by the water authority.

(2) The areas shall be indicated by location and extent in hectares with two decimal places, in terms of commercial rounding, catastral municipality and land number.

(3) The landscape elements protected in accordance with Section 5 (1) of the Appendix to § 5 (1) shall be disclosed separately, insofar as they are not recorded in the geographical information system as separate objects.

(4) Rapid-growing forest oil in the short-circulation system according to Art. 2 lit. Regulation (EC) No 1120/2009 is a key species of deciduous tree species which can be managed in short driving times of up to 20 years, in particular varieties of willow (Salix sp.), poplar (Populus sp.), Robinia (Robinia pseudacacia), Grauerle (Grey) (Alnus incana), black-and-white (alnus glutinosa), ash (Fraxinus) and birch (Betula sp.).

(5) In the case of the cultivation of hemp

1.		the original labels showing the use of certified seed and, if not apparent from the labels, a copy of the invoice document for the purpose of proving the quantity of seed used, to be submitted to the application or, where the sowing after 15 May, to be submitted by 30 June of the application year at the latest; and
2.		in the case of the cultivation of different varieties of hemp on a field piece of sketches, which clearly indicate the position of the varieties of hemp grown, ready to be kept in operation.

(6) In the case of the farming of farm animals other than bovine animals, the animal list to be listed by the AMA must be added.

(7) The supplement to the identification of payment entitlements in accordance with Art. 12 (1) lit. (c) Regulation (EC) No 1122/2009 shall be annexed to the application for a collection only if payment entitlements are selected in a given order in order to apply (manual application).

Application requirements

§ 4. (1) The minimum operating size shall be 0.3 ha of agricultural land. A farmer may fall below this minimum operating size if only

1.		a payment claim pursuant to Article 44 of Regulation (EC) No 73/2009, subject to conditions for special claims, or
2.		for the suckler cow premium or dairy cow premium in accordance with § 12ff of the direct payment regulation.

(2) The minimum size of the eligible area, which includes a culture group within the meaning of Article 56 of Regulation (EC) No 1122/2009 and for which direct payments are requested, shall be 0.1 ha.

Section 3

Cross Compliance

Good agricultural and ecological status and permanent grassland

§ 5. (1) The minimum requirements for the good agricultural and environmental condition referred to in Article 6 in conjunction with Annex III to Regulation (EC) No 73/2009 shall be set out in the Annex as well as in paragraphs 2 to 4.

(2) Permanent grassland areas

1.		on slopes with an average slope of 15% or more; or
2.		on edge strips of water in a minimum width
a)			20 m of standing waters with a water surface area of at least 1 ha or
b)			from 10 m to river water (from a sole width of 5 m)
must not be broken.

(3) By way of derogation from paragraph 2 Z 1, the following shall be allowed:

1.		an exchange of permanent pasture land with other agricultural land which does not lead to a reduction in the permanent pasture land area; or
2.		a upheaval of permanent pasture land
a)			for the installation of permanent crops or
b)			a maximum of 0,5 ha per holding, if the permanent pasture of the holding (excluding hatchings, mountain mowers, meadows and alms) is more than 80%.

(4) In the application for the year in question, farmers who break permanent pasture shall have the following information:

1.		an exchange of permanent pasture land with other agricultural land which does not lead to a reduction in permanent pasture land, or
2.		any other upheaval from permanent pasture to other agricultural land.

New arable land

§ 6. For arable land which was not included in the application for collection during the previous calendar year, the farmer has to prove that these areas were not used as permanent pasture in 2003. If this proof is not provided, the requirements for the permanent pasture shall apply in respect of these areas, unless there is a case of a grassland dumbard permissible pursuant to section 5 (3) or (4).

Section 4

Hemp

Harvest date, control

§ 7. Hemp may be harvested from the start of flowering and even before the expiry of ten days after flowering, if the farmer concerned has already been inspected in accordance with Article 39 of Regulation (EC) No 73/2009.

Section 5

Operation transfer

Display period in case of transfers

§ 8. (1) The transferor and the transferee shall, by means of the competent Chamber of Agriculture, indicate the transfer no later than 15 May of the year following the transfer, unless the delayed notification is due to circumstances which do not: are located in the sphere of influence of the superimer and the contractor.

(2) By way of derogation from paragraph 1, in the case of aid measures for rural development aid, in objectively justified cases with a general effect, other measures may be taken.

Aid in the event of transfers of operations

§ 9. (1) Where an operation is transferred, after the submission of an aid application and before all the conditions for the granting of aid are fulfilled, in full with the take-over of all obligations from one farmer to another operator, the following shall be: the aid for the operation transferred shall be granted to the applicant (transferor), provided that all the conditions for the granting of the aid are also fulfilled in the transferred operation.

(2) Section 8 (2) shall apply mutatily.

6.

Common provisions

Control Report

§ 10. (1) If the on-the-spot check is carried out by means of remote sensing in accordance with Article 35 of Regulation (EC) No 1122/2009, the farmer shall not be given the opportunity to submit the inspection report if, in the course of the inspection, the inspection is carried out by: Remote sensing has not been found to be irregularities.

(2) An electronic control report prepared for the on-the-spot check shall not be transmitted to the farmer if no irregularities have been detected in the control and the owner of the short report has been handed over to the holder.

Recovery

§ 11. (1) The AMA may be subject to the application of Article 32 (6) (6). (a) and 33 (7) of Regulation (EC) No 1290/2005, in conjunction with Article 5a of Regulation (EC) No 885/2006, shall refrain from the recovery of an amount not exceeding 100 euros (interest not included) per beneficiary and individual payment if: the administrative burden shall be disproportionate to the amount of the amount to be recovered.

(2) In order to calculate the interest in accordance with Article 80 (2) of Regulation (EC) No 1122/2009 in the event of a recovery, the notification of the recovery notice shall be presumed on the third working day following the post-post mission.

(3) Subpayments and partial compensation shall first be credited to the capital and only after the capital's repayment of the capital.

Minimum amount of aid granted

§ 12. The AMA may disregard the granting of aid

1.		in the case of the initial calculation, if the resulting amount does not exceed ten euros per aid application and measure, or
2.		in the case of recalculation, where the difference between the aid application and the measure resulting from the recalculation shall be disproportionate to the costs incurred and the administrative burden incurred.

Absure from the cut

§ 13. (1) The reduction in the case of non-compliance is not applicable, without prejudice to Article 71 (2) of Regulation (EC) No 1122/2009, where the amount of the reduction is within the scope of the provisions of Article 23 (2) of Regulation (EC) No 73/2009. Boundary.

(2) In the application of Article 24 (2) of Regulation (EC) No 73/2009, without prejudice to the provisions of Article 71 (3) of Regulation (EC) No 1122/2009, in the event of non-compliance with other obligations, a reduction shall be deemed to have been made if the infringement in question is deemed to be is to be considered a minor

Notice of determination

§ 14. The AMA may adopt notice of arrest if a party is responsible for the degree of validity or insecurity of legal relations or of legal facts, such as the existence of one or more establishments, or the existence of Payment claims-danger runs, disadvantages suffer.

Participation obligations

§ 15. The farmer has any change that leads to the fact that the actual or legal circumstances no longer correspond to his or her statements or statements, to indicate the AMA. The changes shall be notified in writing without delay unless, in accordance with other legislation, a different form or period is required for the notification.

Retention duties

§ 16. The farmer shall have the application and authorization documents, books, cards, inventories, records kept for him, and, in the case of the irrigation of areas, the records of the collection of water and other records relating to the granting of direct payments. for four years from the end of the calendar year to which they relate, with the diligence of a prudent businessman, unless otherwise provided for in other regulations.

Disclosure and co-action obligations

§ 17. (1) For the purposes of the review, the holder of the holding shall have the institutions and agents of the Federal Ministry of Agriculture, Forestry, Environment and Water Management, the AMA, the competent authorities pursuant to Section 2 (2), the Court of Auditors, the The European Union and the European Court of Auditors (hereinafter referred to as 'the audit process') shall allow the business and operating rooms and the areas to be entered during business and operating hours or by agreement.

(2) The inspection bodies are authorized to keep in the accounts, to the inventory list, in the case of the irrigation of areas to the records for the abstraction of water and to all the documents which the testing authorities consider necessary for their examination, To take a look. In operation, documents necessary for the identification of the areas shall be kept available.

(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, printouts must be provided with the necessary information at the request of the examiners.

(6) If the farmer has switched on third parties, the provisions of paragraphs 1 to 5 shall also apply to the same.

(7) In the event of the complete or partial transfer of the holding, the duty and cooperation obligations referred to in paragraphs 1 to 6 shall also apply to the successor to the legal successor.

Reporting requirements

§ 18. The AMA shall be informed of the following information on the legal standards covered by Articles 5 and 6 of Regulation (EC) No 73/2009, which shall be required for the exercise of the scope of the duties conferred on it by law:

1.		the competent authorities responsible for the enforcement of the legal standards referred to in Articles 5 and 6 of Regulation (EC) No 73/2009, all information relating to the selection of the control sample referred to in Article 51 of Regulation (EC) No 1122/2009 and the control of the the need to comply with the other obligations,
2.		the monitoring bodies referred to in Article 2 (2) (2) (2) and (3) shall report on the checks carried out in accordance with Article 54 of Regulation (EC) No 1122/2009, and
3.		by the courts and by the administrative authorities of the first instance, all information relating to the outcome of criminal proceedings initiated under the law applicable to infringements found on farms, for the purpose of: Assessment of whether sanctions are to be imposed in accordance with Articles 71 and 72 of Regulation (EC) No 1122/2009.

Section 7

Final provisions

Entry into force; external force

§ 19. (1) This Regulation shall enter into force 1. Jänner 2010 in force.

(2) The INVEKOS Implementation Regulation 2008, BGBl. II No 31, as last amended by the BGBl Regulation. II No 85/2009, enters into force on 31 December 2009. It shall continue to apply to situations which have been carried out up to and including 31 December 2009.

Berlakovich