Advanced Search

A Land Identification Based On A Geographic Information System (Iacs-Gis-V 2009)

Original Language Title: Eine auf ein geographisches Informationssystem gestützte Flächenidentifizierung (INVEKOS-GIS-V 2009)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

338. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on an area identification based on a geographical information system (INVEKOS-GIS-V 2009)

On the basis of Section 28 (3) of the Law on the Market Order 2007 (MOG 2007), BGBl. I n ° 55, as last amended by the Federal Law BGBl. I No 86/2009, shall be:

Section 1

General provisions

Scope

§ 1. (1) This Regulation shall serve the purpose of:

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) (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, 31.01.2009, 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 796/2004 laying down detailed rules for the application of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for Direct payments under the common agricultural policy and with certain support schemes for farmers, OJ L 327, 30.4.2002, p. No. 18., as amended by the corrigendum OJ L 141, 30.4.2004, p. No. OJ L 291, 14.9.2004, p.18 and

4.

other acts of the Council of the European Union and of the Commission of the European Communities, on the basis of which the application of the integrated administration and control system is possible, provided that the relevant national provisions nothing else is provided for.

(2) It may, where applicable, also be used for area-related national aid from the Federal Government or the Länder.

Section 2

Area Details

Collection Application

§ 2. Information in the application (multiple trag area) on the location, extent, type of use and use of all agricultural areas of a holding, in particular in the sheet form, as well as other related area information shall be given in accordance with the Provisions of this section.

Definitions

§ 3. For the purposes of this Regulation:

1.

Field piece: a clearly identifiable management unit with only one type of use in accordance with § 7, which is wholly within or outside the less-favoured area;

2.

land: that part of a catastral community, designated by its own number in the border cadastre or in the basic control cadastre;

3.

land part in the field of land: the proportion of land belonging to a land part belonging to a particular field (reference plot within the meaning of Article 6 of Regulation (EC) No 796/2004);

4.

Impact: a contiguous area on a field which is managed for a growing season with only one crop, or which is only in good agricultural and environmental condition, in accordance with Article 6 of Regulation (EC) No 73/2009 ;

5.

Katastralmappe: the graphical part of the land tax or border cider, which contains the location and designation of the land, as well as the delimitation of the uses and uses in the sense of the surveying act;

6.

Digital terrain elevation model: description of the earth's surface in the form of a regular height grid.

Surface Identification

§ 4. (1) For the determination of the position and extent of agricultural land to determine their eligibility, the land data of the digital catastral folder (hereinafter DKM) led by the Federal Office of Eich-und Vermessungswesen (hereinafter referred to as DKM) shall form the Basis. If the DKM does not contain the relevant land on the basis of a merger procedure, the agricultural authority shall be required to draw up the severance certificate or appropriate available graphic data.

(2) For the determination of the position and the extent of the reference plot in accordance with § 8, the digital land data are in accordance with. Paragraph 1 and the field pieces marked graphically and digitally by orthobilder (court card) and marked with an individual identification number registered in the geographical information system (GIS).

(3) For the determination of the slope inclination of the surfaces, the digital terrain elevation model of the Federal Office for Eich-und Vermessungswesen in the interpolated grid width of at most 10 meters with consideration of the terrain structures as the basis to use.

Field piece, part of the land on the field (reference plot) and impact

§ 5. (1) Area information on the field piece, component part on the field piece (reference parcels) and impact take place starting from the determined plot area. The extent of the area is to be determined for the area actually used. The area eligible for aid in accordance with the aid measures in question shall be the area actually used, from which the non-eligible areas, such as in particular road or building areas, hedges, ditches, trees or walls, are withdrawn, insofar as the provisions of paragraph 2 are not otherwise specified. The eligible area may not exceed the level of the reference parcels.

(2) In regions where certain characteristics are traditionally part of good agricultural cultivation practices, the corresponding area shall be considered to be part of the fully used area if it does not have a width of two metres. exceeds. Landscape features shall then be considered as part of the area actually used if they do not exceed a significant size in relation to the total area of the field, without prejudice to the aid of specific rules.

Surface extent

§ 6. The extent of the area shall be indicated in hectares with two decimal places, rounded in commercial terms.

Usage types

§ 7. The types of use of a field piece are derived from the types of use, as are provided for the respective multi-application areas. The types of use to be used by the applicant shall be:

1.

Acker;

2.

Grassland;

3.

Special crops;

4.

Vineyard areas, including cut-out gardens;

5.

Vineyard areas, including cut-out gardens-Terrace facilities;

6.

Protected cultivation;

7.

Ponds;

8.

Alm;

9.

Community pasture;

10.

Mitbebumene Alm;

11.

Community pastures in which they are repentant;

12.

Forst;

13.

other types of use to be pointed out.

Section 3

Farm card

Definition and creation

§ 8. The court card is a cartographical document created using computer-aided geographical information techniques. In this case, the limits of the parts of the land on the field (reference parcels) can be seen on the basis of orthophotographs from the agricultural areas of an establishment:

1.

the graphical data set of the individual plots according to DKM (borders, numbers, usage lines and usage symbols) as well as

2.

the boundaries of the field pieces.

Participation of the applicant

§ 9. (1) The location, extent and type of use of the reference parcels shall be digitally determined by the agricultural market Austria or commissioned bodies, with the applicant's obligation to participate.

(2) If the area extent identified in accordance with § § 4 and 5 does not correspond to the extent of the area determined during the on-the-spot check, the applicant may not rely on the basis of Article 68 of Regulation (EC) No 796/2004. Binding of the data of the identified area, unless it can prove that it is not to blame for the incorrect identification.

Usage

§ 10. (1) The digital data of the court card shall be used by the applicant and the paying agent as a basis for determining the location and extent of areas relevant to the assistance.

(2) The digital data of the court card shall be used by the paying agency for administrative control and for on-the-spot checks.

(3) In any case, the orthophotodata are used as aids.

Access

§ 11. (1) The agricultural market Austria transmits an expression of the court card to all applicants who submitted an application for collection (multiple trag areas) for the last application date which was before the date of preparation of the court card. In doing so, it can serve the task of apposite representatives. For the first time, farmers who have not submitted a collection request (multiple trait areas) will be sent the court card after the next application.

(2) An electronic access of the applicant to the data of the court card including internet application shall be ensured.

Reference Parcel Edition

§ 12. Changes, in particular the expansion of reference parcels, shall be effected exclusively by the agricultural market Austria or by commissioned bodies.

Section 4

Common provisions

Personal names

§ 13. All personal names used in this Regulation shall apply equally to persons of the female and male sex.

Transitional provision

§ 14. Digitisation carried out before the entry into force of this Regulation shall be deemed to be digitised within the meaning of § 8. The applicant shall be obliged to arrange for any necessary updates to be made to the competent body at the latest on the occasion of the next application.

Application Start

§ 15. This Regulation shall apply to aid applications submitted for the calendar years from 2010 onwards, from the date of autumn 2009 onwards, and for other areas of the area referred to in § 2, which shall apply from 1 January 2009 onwards. Jänner 2010.

Berlakovich