Implementation Of Community Market Regulation Measures In The Wine Sector

Original Language Title: Durchführung von gemeinschaftlichen Marktordnungsmaßnahmen im Weinbereich

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453. Regulation of the Federal Minister for agriculture and forestry, environment and water management to carry out Community market regulation measures in the wine sector

On the basis of § § 6, 7 para 1 Nos. 14 and 15 and paras 4, 22, 28 and 32 para 3 of the market organisation Act 2007 (MOG 2007), Federal Law Gazette I no. 55, last amended by Federal Law Gazette I no. 72/2008, is prescribed:

1 section

General terms and conditions

Scope of application



1. (1) the provisions of this regulation serving the implementation



1. Regulation (EC) No. 479/2008 on the common market organisation for wine, OJ No. L 148 of June 6, 2008, p. 1, and 2 of Regulation (EC) No. 555/2008 laying down detailed rules for the application of Regulation (EC) No. 479/2008 with respect to the support programmes OJ No. L 170 of June 30, 2008, p. 1, concerning Community market regulation measures in the wine sector.

(2) common market regulation measures in the wine sector within the meaning of this regulation are following Regulation (EC) No. 479 / 2008 guided actions:



1 grubbing-up scheme (title V, chapter III).

2. promotion on third-country markets (title II, chapter I article 10), 3. restructuring and conversion (title II, chapter I article 11) and 4 investments (title II, chapter I article 15).

Jurisdiction



Section 2 (1) for the execution of the legal acts referred to in paragraph 1 and of this regulation are responsible:



1. for the approval of proposals on participation in and implementation of the measures referred to in § 1, para. 2 of the Federal Ministry of agriculture and forestry, environment and water management (BMLFUW).

2. for the control of implementation of approved measures in the area of a) grubbing-up scheme and in the area of restructuring and conversion the body which is charged according to the wine laws of the countries with the leadership of the vine surface directory (in the following cadastral leading authority), b) investments in the Federal States of Carinthia and Upper Austria the respective Office of the provincial government;

(c) investments in the other provinces the locally responsible for the headquarters of the owner of the Business Chamber of agriculture at the district level;

3. with respect to all other provisions relating to the granting of aid and the financial settlement the market place "Agrarmarkt Austria" (AMA).

(2) at the leading land registry office must be submitted:



1. the application for use of the grubbing-up scheme;

2. the application of implementation of measures relating to the restructuring and conversion.

(3) requests for promotion on third-country markets are to submit the BMLFUW.

(4) applications for investment support shall be submitted at the locally responsible for the headquarters of the owner of the Business Chamber of agriculture at the district level. In Germany, where there is no Chamber of agriculture at the district level, the agricultural Chamber are responsible in their place.

2. section

Grubbing-up scheme

Claim of the grubbing-up scheme



§ 3.

 The application for use of the grubbing-up scheme (in the context of the granting of the grubbing-up premium) is using form only by the Auspflanzen owner. The applicant is not the owner of the land on which the vineyard is planted, the owner of the plot has to agree to the request in the form. Is an owner is skipped, the application is still effective and any claims for damages must be made on the civil way.

Review



§ 4.

 (1) the cadastral leading authority has to verify the legality of planting, as well as the conformity of the information of the applicant in the form with the entries in the wine-growing land. It may in accordance with article 81 paragraph 3 of Regulation (EC) No. 555/2008 of the possibility of a management control exercise.

(2) the cadastral leading authority has to record the results of these checks in the form and send the application processed in accordance with paragraph 1 the management.

Calculation of profitability



5. (1) the historical income gem. Article 101 (2) of Regulation (EC) No. 479/2008 is determined by the average yield of generator operation. To do this, the applicant must the harvest declarations in accordance with section 35, paragraph 1, of the wine law in 1999 the wine year 2003/2004 to 2007/2008 to settle the form.

(2) in calculating the average yield of operation by the cadastre-leading agent, the wine year with the highest crop have to be disregarded the wine year with the lowest crop and crop years with excessive yield losses through adverse weather conditions (such as frost, hail, drought).

(3) harvest declarations are not available, the applicant has to submit other appropriate documentation establishing the average yield of the operation (E.g. cellar book excerpt, transport tickets).

(4) the cadastral-leading site has on the basis of the calculated average yield of generator operation suggest the BMLFUW the average production capacity of the area to be grubbed up.

Procedure for application of a percentage of acceptance



Section 6 (1) applications are ranked according to the Einlangensdatum in the management. Applicants are which at the time of submission of 55 years or older, under article 102 paragraph 5 lit. b) PT. ii) to rank second priority. The Einlangensdatum provides an objective criterion according art. 102 (5) of Regulation (EC) No. 479/2008 dar.

(2) in the case of the application of a percentage acceptance are those applicants whose Antrag can not be considered through the application of the percentage of acceptance in the current year, shall be entitled to apply for an automatic consideration of your application in the next year.

Exceptions to the grubbing-up scheme



7. (1) in the following areas is the application of the grubbing-up scheme as per article 104 (5) of Regulation (EC) No. 479/2008 with environmental considerations incompatible: wine region of Vienna; Wine-growing area south Burgenland; the vineyards Mitterfeld, Hölzel fields, Hochberg, Mitterberg, Höblisch, high tree, Siglosgrund, set, Fabian, Neuberg, Goldberg, Tschicken, stone, Kolnhoferweg in the municipality of Deutschkreutz.

(2) com. Article 104 para 4 of Regulation (EC) No. 479/2008 i.V.m article 68 paragraph 1 of Regulation (EC) No. 555/2008 are following vineyards is excluded from the grubbing-up scheme: vineyards in the wine-growing regions of Styria incremental, Wachau, Kamptal, which are arranged in terraces, lie at an altitude of more than 500 m, or have an average slope of more than 26%.

3. Article 104 para 1 of Regulation (EC) No. 479/2008 are gem. § 3 rejected, if the clearing area in Austria has reached more than 4.054,48 ha. Also requests for a particular wine region are rejected if the grubbed up vines of this wine-growing area is more than 10%.

Grubbing-up message, resignation, change



§ 8 (1) the was grubbing-up must be reported no later than the following approval June 30 by means of grubbing-up registration form provided for in the national wine laws at the cadastre leading authority. This message is a request for the grant of the grubbing-up premium.

(2) the cadastral leading authority has to verify the successful clearing and shall send a confirmation above was grubbing and the established clearing period using form the BMLFUW.

(3) the cadastre leading authority has to enter the final task of the planting right in the vineyard register and transmit a written confirmation of the BMLFUW using form about it.

(4) can be due to force majeure a grubbing-up not in time, so this the applicant of the cadastre-leading site has to tell. The cadastre leading authority has any test in the vineyard.

(5) a withdrawal of the application is possible at any time and in writing notify the BMLFUW. An amendment of the application is possible if the amended application received before September 15th through the cadastral leading competent in the management.

Premium



§ 9. The approval and payment of the premium is based on an expert opinion prepared by the BMLFUW after verification of compliance with the eligibility requirements by the AMA.

3. section

Promotion on third-country markets

Eligible operations and markets



10. (1) the measures eligible pursuant Article 10 paragraph 3 of Regulation (EC) No. 479/2008 i.V.m. Article 4 of Regulation (EC) No. 555/2008 are listed in annex I.

(2) may be granted for measures on the following third-country markets promotion: Switzerland, Liechtenstein, Norway, Russian Federation, Ukraine, Kazakhstan, Israel, UAE, Turkey, Korea, India, Taiwan, Malaysia, Japan, China including Hong Kong and Macau, Singapore, USA, Canada, Mexico, Brazil, Australia.


(3) with regard to the criteria to be set according art. 5 paragraph 2 which needs regulation (EC) 555/2008 the fundamental goal of the promotion be, to promote the awareness, image and sales of Austrian quality wine. The promotion can involve all aspects of Austrian wine culture (wine from Austria - precious culture in the heart of Europe, wine-growing regions, terroir, climate, grape varieties, wine styles, wine architecture, culinary, wine tourism, etc.). Austria's specific growing regions, the most important grape varieties and wine styles, as well as the dynamics of the Austrian wine industry to the fore should act as quality arguments. The Austrian wine should be positioned as an integral part of Austrian and European culture. Cross-links with the tourism, art and science are possible and desirable. The combination of centuries of old Austrian winemaking tradition with modern culture, the tension between natural cultivation and efficient cellar technology should be part of the statement the promotion measure.

Selection procedure



Programs with proposed promotion of Austrian agriculture and quality wine and with a statement of the costs to be expected are § 11 (1) to submit the BMLFUW in written form.

(2) the BMLFUW an opinion of the national of wine Committee com. industry organization regulation can to choose of the appropriate programs in 2001, Federal Law Gazette II No. 138/2001, overtake. Within 3 months from the receipt of the program proposal it decides on its approval.

(3) the agreement according art. 5 par. 1 lit. d of Regulation (EC) 555/2008 is done by issuing a permit. The permit has undertaken, the financial resources needed for the individual measures, to include the period of implementation and the methods of payment.

(4) withdrawal of the implementation of the approved measures is possible, as long as still no aid has been paid; the resignation is the BMLFUW in writing.

(5) changes in an already-approved program, which cause a change in the level of aid, are to bring the BMLFUW immediately and in writing. Each required funding of the approved programme may be amended up to 20%. The change is administrative decision to decide.

(6) the eligible costs of a program is at least 30.000 euros NET.

(7) be considered for the respective business gewerberechtlich permitted only invoice documents.

Completion of the programmes, accounting



§ 12 (1) for each program can be created with 31 December and 31st July a shall, where the program to the first be already for more than 3 months was approved. At these times also applying for an advance pursuant Article 5 is paragraph 7 of Regulation (EC) No. 555/2008 possible. The final bill is after the completion of all activities of the programme to create - but not later than 6 months after the expiry of the period - and, if necessary, refers to the period since the last previous be.

(2) an overview of the implementation of the measures contained in the programme and a financial review with a statement of the expenditure incurred, including the proof of payment in the original every statement shall be attached. The final bill is also to settle a detectable at the time of the report evaluation of the promotion programme.

(3) the statements referred to in paragraphs 1 and 2 shall be provided the BMLFUW and considered applying for the aid.

(4) the approval and payment of aid is based on an expert opinion of the BMLFUW by the AMA.

(5) in the case of the payment of the aid, the best possible utilisation is by the European Union provided funds as well as their balanced allocation to the individual aid applicants and the individual measures in accordance with section 1, paragraph 2 to ensure.

(6) are of the European no means more provided Union Austria for the promotion on third-country markets, section 22 shall apply accordingly.

(7) the presentation of a programme of further promotion requires the completion of promotion actions in a previous programme.

4 section

Restructuring and conversion

Draft plan



§ 13.

 (1) any wine drive end and each designated a planting right no. 479/2008 is entitled to submit of a draft of a plan for the implementation of the transition (transition plan) in accordance with article 11 of Regulation (EC). Wine and bustle at the end is not the owner of the land on which the conversion measure is made, he has the written consent of the property owner or other proof of his authority to carry out the conversion measure to submit. Is an owner is skipped, the application is still effective and any claims for damages must be made on the civil way.

(2) the draft plan has a detailed description of the proposed conversion measure in accordance with section 14, the space covered by this conversion measure to contain all necessary land claims, as well as the date of the conversion measure. Plot-related statements, which only after performing the conversion measures are fixed (E.g., extent and slope of the vineyard as a result of shifting and earthworks) and are not yet known to the time of the plan is created, are to take in the estimated maximum extent in the draft of the plan. Its actual level is to announce after the completion of the conversion measures. In the case of the Sub-measure "Escarpment terraces" in accordance with annex II lit. C and the Sub-measure "Wall terraces" in accordance with annex II lit. D must include the plan design of the estimated scale (linear metres or square meters) of reclamation or construction of embankment or wall. In the case of the Sub-measure "Protection against wild bites" in accordance with annex II lit. The draft of the plan to include the expected length (linear meters) of fence to be built as well as a sketch of the plan has G.

(3) the draft of the plan is to be submitted using form of the competent land leading to the verification of compliance of vine-land claims with the entries in the grapevine area directory. This has to be done in the way of the competent District Office of the respective agricultural Chamber. The agricultural Chamber has the right to obtain relevant information by the applicant to assess the marketing associated with the implementation of the plan design and sales opportunities. The cadastre leading authority has to check if necessary also by a vineyard tour, the legality of planting, as well as the conformity of the information of the applicant in the form with the entries in the wine-growing land. The cadastre-leading agent shall record the results of these checks in the form.

(4) the conversion measure on surfaces should be performed, which fall within the local jurisdiction of several land-leading bodies, the aid seekers has to overtake even the opinions of single cadastre leading bodies and cadastre leading authority to submit fully confirmed request form at its operating headquarters.

(5) the cadastre leading authority has to forward the draft plan approved in accordance with paragraph 3 of the BMLFUW.

(6) the management has to approve the plan design of all necessary requirements with notice or to refuse in the absence of one or more conditions with notice. The decision has to include also the expected total amount of aid.

(7) the management has the right to involve experts of his choice for the assessment of submitted conversion plans with regard to the suitability for the adaptation of production to market demand. Is determined by this review that is a proposed transition plan not to adapt production to market demand, the BMLFUW has this plan decision to reject.

Conversion measure and aid



§ 14 (1) must comprise the conversion measure shown in the draft plan, one or more of the part measures defined in annex II. Each wine drive end has to choose the appropriate conversion measure itself and thus to ensure optimum adaptation of production to market conditions applicable to its operation.


(2) the aid is, with the exception of the Sub-measure "Irrigation" in accordance with annex II lit. E, the Sub-measure "Protection against wild bites" in accordance with annex II lit. G and the Sub-measure "Protection against bird feeding and hail" in accordance with annex II lit. Set H, as a lump sum per hectare, meters or square meters. The aid amount of each part measures, as well as the increase of in aid in the case of using a back planting right, which is derived from a clearance in the framework of the implementation of the transition plan, is given in annex III.

(3) the amount of aid for the Sub-measure "Irrigation" in accordance with annex II lit. E and lit for the Sub-measure "Protection against bird feeding and hail" as defined in annex II. H is 50% of the construction costs, but maximum 5.200,-euro / ha in the case of the Sub-measure "Irrigation" and maximum 5.079,-euro per hectare in the case of the Sub-measure "Protection against bird feeding and hail". The construction costs are composed of the invoices of the BMLFUW having to submit cover and the power component. There are only invoice for the respective activity into account gewerberechtlich permitted companies. The power component is set flat rate with 50% of the amount of the invoices having reference; It is maximum 1.200 euro / ha in the case of the Sub-measure "Irrigation" and EUR 1.693,-/ ha in the case of the Sub-measure "Protection against bird feeding and hail".

(4) the amount of aid for the Sub-measure "Protection against wild bites" in accordance with annex II lit. G calculated from the construction cost per built linear meter fence as follows:



-Wildlife fence or similar: material costs programmable with Bill (but not more than 5.8 euro / lfm), 50% are flat slammed power costs; the is the sum of the cost of construction. The aid amount is 50% of the construction costs.

-Electric fence etc:. The construction costs consist of programmable with Bill material cost for the electric fence (but not more than 0.9 EUR / meter electric fence), the contribution amounting to 50% and programmable with Bill material cost for the equipment (but not more than 495 euro per equipment). The aid amount is 50% of the construction costs.

-There are only invoice for the respective activity into account gewerberechtlich permitted companies.

(5) the same area with the same type to the same management techniques replanting is no conversion measure.

Aid-eligible areas



Section 15 (1) is a vineyard newly created in the course of conversion measure, so can either an existing vineyard are cleared or used an existing planting rights. Is granted a planting right from the regional reserve established under the Styrian wine law, no conversion aid can be taken for the vineyard planted on this basis.

(2) the size of a converted vineyards must not be less than 10 ar; the converted surface must be at least 250 vines on terraced vineyards. Is an existing vineyard within the framework of conversion measure is being cleared, the grubbed up vines may be also not less than 10 ar or on terraced vineyards not less than 250 vines.

(3) in the course of each individual conversion measure the redenominated vineyards must - include with the exception of converted vineyards not more than one-third of the registered in the vineyard land and planted vineyard area of operation up to 3 acres -. Changes in proceedings of the agricultural authority on the basis of the Flurverfassungs principle Act 1951, BGBl. No. 103, within the framework of sub-action irrigation in accordance with annex II lit. E and in the measure of of part of protection against bird feeding and hail in accordance with annex II lit. H are not covered by this regulation.

(4) the use of a premium for permanent abandonment of the viniculture in accordance with title V, chapter III to Regulation (EC) No. 479/2008 and the 2nd section and a conversion aid by same company (all the production units managed by the farmer, are located on the territory of a Member State) is closed for the duration of the measure "Restructuring and conversion" at the community level.

(5) conversion measures can be made in the specific areas of lower Austria, Burgenland, Vienna, Carinthia, Upper Austria and Styria.

(6) the multiple measure a part on the same area is closed for the duration of the measure "Restructuring and conversion". Exceptions to this are cases of force majeure, which require multiple implementation of part measure.

Compensation for loss of income



§ 16. Compensation for loss of income related to the implementation of the transition plan, will be lit in the context of the flat-rate compensation of grubbing-up costs through the increased aid referred to in annex III. (F). This is an amount of up to 1.018,-euro / ha as compensation for the loss of income and the additional amount as lump-sum compensation of grubbing-up costs.

Starting work



§ 17. Work on the conversion measure must be started after their permit moderate approval pursuant to § 13 para 6. For the assessment of the timing of work beginning in part measures lit "Irrigation" in accordance with annex II. E, "Protection against wild bites" in accordance with annex II lit. G and "Protection against bird feeding and hail" in accordance with annex II lit. H is in particular the date of having relevant invoices, delivery notes or similar.

Completion of the work



The work within the framework of the transition measures are section 18 (1) period of 5 years from administrative decision approving the conversion plan to finish, but no longer than until the date set by the BMLFUW in accordance with article 22, paragraph 1.

(2) the completion of the work is exempt from writing the cases of paragraph 3 - the cadastre leading competent. For the case that several leading cadastral bodies are affected, § 13 para 4 is to apply mutatis mutandis. The notice shall be as a request for conversion aid.

(3) the invoices having reference and associated payment documents a part of the Sub-measure "Irrigation" in accordance with annex II lit. E lit fully built, irrigation system, one under the "Protection from wildlife browsing" part measure in accordance with annex II. G completely built plant and within the framework of the Sub-measure "Protection against bird feeding and hail" in accordance with annex II lit a. H are fully built system to submit the BMLFUW in the original. The BMLFUW sets the cadastre-leading authority on the completion of the work in knowledge after validation of the payment documents.

(4) the cadastral leading authority has to review the entire implementation of the approved conversion measure on the spot and to announce the result of this review the BMLFUW.

(5) the conversion measure is provided in the case of the new plant of a vineyard, then as finished when all steps are completed so far, that a long-lasting, future economic use of the area as yield vineyard is ensured. Finalisierende can be made even after completion of activities within the framework of conversion measure work (for example on the wire frame).

(6) for every vineyard which stands with carried part measure of the change in context, must be a permanent economic use as yield vineyard.

Approval and payment of the aid amount



The test results according to § 18 para 4 upon her receipt of the BMLFUW classifies section 19 (1) to the best possible utilization of the funds provided by the European Union for the corresponding financial year available as well as their possible balanced allocation to the individual aid applicants and the individual measures in accordance with section 1, paragraph 2.

(2) the approval and disbursement of conversion aid takes place after completion of the work according to the ranking gem. paragraph 1 of submission of test results in accordance with the funds allocated by the European Union and on the basis of an expert opinion prepared by the BMLFUW by the AMA. Applicants which have carried out conversion measures in areas, are excluded the gem. § 7 paragraphs 1 and 2 of the grubbing-up measures, are preferred in the ranking.

(3) subject to by cases of force majeure the following shall apply: is the conversion measure not however completed within the 5-year period entirely, to an extent of at least 80%, the aid to the corresponding amount is reduced. Is the conversion measure completed within the 5-year period to less than 80%, no State aid is paid out. A beyond the amount specified in the application level (m ² vineyards, % slope, linear meters of terrace slope, running meter fence or m ² Terrace wall) one or more completed part measures is not taken into account when the payment of the aid.


(4) in order to ensure a balance between the Sub-measure "Irrigation" and the other part measures, the payment of aid to the Sub-measure "Irrigation" is split with the first instalment - with the exception of converted vineyards is up to 3 hectares - at least the aid for a third of the area approved for the Sub-measure "Irrigation". One or more any more partial payments shall be awarded in accordance with the means at the disposal, where other subactivities are to prioritise. With sufficient allocation of resources, distance can be taken by the Division of the payment of the aid.

(5) by the way of the advance payment of the aid referred to in article 9 paragraph 2 of Regulation (EC) No. 555/2008 can be made where justified use.

Transitional measures



§ 20.

 Ongoing conversion measures, which ff 1493/99 approved Regulation (EC) No. referred to in article 11 have been, can be completed in accordance with article 10 of Regulation (EC) No. 555/2008 under the conditions laid down in the permit notification.

Cancellation, changes



§ 21.

 (1) a written withdrawal of the application for approval of the plan design is possible, as long as no permit according to § 19 ABS. 2 has been granted the aid seekers.

(2) changes in an already know moderately approved conversion plan, which affect the amount of aid, are immediately the BMLFUW, however at the latest within two years from administrative decision approving the conversion plan in writing to bring to the attention. The BMLFUW has about these changes administrative decision to decide where he has to take into account in particular the impact of the amendment on the amount of the aid.

Completion of the restructuring and conversion



§ 22 (1) no funds are provided by the European Union Austria more for restructuring and conversion, so failing the approval of plan designs. The resources still available at this time are used for the payment of the amount of aid for the already approved conversion measures. The BMLFUW sets a date for the completion of this conversion measures and a date for the last template of the scan results gem. § 18 para 4.

(2) the available resources not sufficient to pay out the amount of the aid fixed amount for all approved conversion measures, the amount of aid may be reduced aliquot. However, the extent of the reduction may not exceed 50% of the originally established amount of aid. Can therefore no longer for all approved reconversion aid paid, the payment is after the receipt of the audit reports in accordance with section 18, paragraph 4 to make.

5. section

Investments

Aid beneficiaries, submission



section 23.

 (1) authorized for the use of the support referred to in article 15 of Regulation (EC) No. 479/2008 are:



1. enterprises which products of annex IV to Regulation (EC) produce no. 479/2008 or market (proof by presenting the inventory message according to wine law), and 2. in the field of investments "Clarification facilities", "Facilities for sediment treatment" and "bottle off wealth systems, labelling facilities" are also communities or societies of plants, organized within the framework of a machine ring (such as cooperative, GesbR, KEG) and wine clubs.

(2) plants, which market exclusively grapes, are not eligible.

(3) the request is using the form to the District Office of the Chamber of agriculture or in Upper Austria and Carinthia at the Office of the provincial government. On the form, the planned investment is to describe (it is possible to combine of several investment), is to explain the need of investment and it is - with the exception of communities and wine clubs - to represent how the planned investment affects the improvement of the overall operating performance. The anticipated costs and the expected amount of time within which the investment can be completed are in addition to lead.

(4) is exempt from putting a copy of the existing message (the immediately preceding the date of application date) of the applicant when communities and wine clubs - - the request.

(5) the District Office of the Chamber of agriculture or to maintain the form in Upper Austria and Carinthia that has the State Government, also by a check on the spot, to assess the comprehensibility of the information provided by the applicant and the result of this evaluation.

(6) should be investment in the local jurisdiction of district offices of the Chamber of agriculture, the aid seekers has to overtake even the opinions of the individual district offices of the Chamber of agriculture.

(7) the District Office of the Chamber of agriculture or in Upper Austria and Carinthia the regional government has the request assessed in accordance with paragraph 5 of the BMLFUW forward.

(8) the management has approved the application of all necessary requirements with notice or to refuse in the absence of one or more conditions with notice. The licensing permit has to include also the expected total amount of aid.

(9) the management has the right to involve experts of his choice for the assessment of submitted applications with regard to suitability for the improvement of the overall performance of the company. Through this review determines that a submitted request not to improve the overall performance of the company is suitable, the BMLFUW has this plan decision to reject.

Investments and eligible investment amounts



The application must include one or more of investment defined in annex IV, section 24 (1). Each wine drive end has to choose the suitable investment itself and thus to ensure an optimal improvement of the overall performance of the company.

(2) the amount of aid is 40% of the eligible investment cost. The maximum eligible investment amounts at the individual investments are laid down in annex IV. The lower limit for the eligible net costs of each investment of set out in annex IV is 3.000 euro.

(3) if the investments "Clarification facilities", "Facilities for sediment treatment" and "Bottle off wealth systems, labelling facilities" so the maximum eligible investment is doubled by communities or societies that are organized within the framework of a machine ring, or be made of wine clubs,.

(4) investment, which cause disproportionately high costs in comparison with equivalent investments, are not supported. The BMLFUW is entitled assistance of experts to decide on the appropriateness and proportionality of the cost of each investment.

(5) the purchase of second-hand equipment is not eligible investment.

(6) there are only invoice for the respective activity into account gewerberechtlich permitted companies.

(7) the use of a premium for permanent abandonment of the viniculture in accordance with title V, chapter III to Regulation (EC) No. 479/2008 and the 2nd section and an investment aid by same company (all the production units managed by the farmer, are located on the territory of a Member State) is closed for the duration of the measure "Investment" at the community level.

Beginning of the investment



§ 25. The investment must be started after their permit moderate approval pursuant to § 23 paragraph 8. Requests which are brought in the wine year 2008/2009, § 23 para 5 of the investment can be started but already after evaluating the comprehensibility of the information by the District Office of the Chamber of agriculture or in Upper Austria and Carinthia through the Office of the provincial government according. In particular, the related having invoices, delivery notes date is or similar for the assessment of the time of the commencement of the investment.

Completion of the investment



section 26.

 (1) the conclusion of the investment is in writing the competent District Office of the Chamber of agriculture and to inform the Office of the provincial government in Upper Austria and Carinthia. For the case that several district offices are affected, § 23 para 6 is to apply mutatis mutandis. The communication is considered as a request for the grant of investment aid.

(2) in the notice referred to in paragraph 1, a detailed collection of the investments and costs incurred is traceable to represent. All the evidence in the original of the costs incurred in the notice referred to in paragraph 1 are to settle.

(3) if the investment in a broader overall project was made to separate the invoices and comprehensible to the individual costs are so.


(4) the District Office of the Chamber of agriculture or in Upper Austria and Carinthia, the State Government has to control the completion of the investment on the ground (if necessary in the presence of Federal Winery inspection) on the basis of the collection of the investments and the evidence of costs and then to submit a test report including the cost evidence on the management.

(5) the investment is made then as finished when all steps are completed so far, that a lasting, future economic use of the investment is ensured. In the case of the creation of systems to comply with standards in the field of food safety, the project with the first successful certification is complete.

Approval and payment of the aid amount



The test results in accordance with § 26 para 4 upon receipt of their can be placed in section 27 (1) to ensure of the best possible utilization of the funds provided by the European Union for the corresponding financial year available as well as their possible balanced allocation to the individual aid applicants and the individual measures in accordance with section 1, paragraph 2.

(2) the approval and payment of investment aid is carried out after completion of the work according to the ranking of the template of the test results and in accordance with the funds allocated by the European Union by the AMA on the basis of an expert opinion of the BMLFUW. Applicants which have made investments in areas, are excluded the gem. § 7 paragraphs 1 and 2 of the grubbing-up measures, are preferred in the ranking.

(3) a request for a new investment due to the conclusion of the previous investment.

(4) a the in the permit notification in accordance with article 23, paragraph 8 aid fixed investment is beyond the aid not to take into account in the payment.

(5) the possibility of the advance payment of the aid referred to in article 19 Regulation (EC) No. 555/2008 can be made use of in justified cases.

(6) by the European no means more provided Union Austria for promoting investment, section 22 shall apply by analogy to.

Cancellation, changes



Section 28 (1) a written withdrawal of the application is possible as long as no permit referred to in section 27, paragraph 2 has been granted the aid seekers.

(2) changes in an already know moderately approved application, which affect the amount of aid, are immediately in the way of the Office of the provincial government the BMLFUW in the way of the competent District Office of the Chamber of agriculture or in Upper Austria and Carinthia, but at the latest within 1 year from administrative decision approval of the application in writing to bring to the attention of. The BMLFUW has administrative decision to agree to these changes or administrative decision to refuse them, he has to take into account in particular the impact of the amendment on the amount of the aid.

6 article

Common provisions

Notification obligation



section 29. The applicant has any change, which causes that the factual or legal circumstances no longer agree with his statements in the application to display the BMLFUW in writing without delay.

Recording and archiving requirements



section 30. The applicant has all books, records and documents that relate to the granting of the premium with the diligence of a prudent businessman for four years to be kept, there are so far no longer retention periods under other legislation. The storage period begins at the end of the wine year, in which is is the premium granted.

Duldungs - and obligation to cooperate



Section 31 (1) the applicant has the institutions and the Commissioner of the BMLFUW, the AMA, the Federal Winery inspection, the cadastre leading bodies, the district offices of the Chamber of agriculture or in Upper Austria and Carinthia of the Office of the provincial government, the Austrian Court of Auditors, during operation or after agreement to allow access to the premises and the production areas of the certifying body for the clearance of accounts, as well as the European institutions (in the following monitoring bodies) and requested the relevant books , in particular the cellar book, records, to submit documents and other documents for inspection, to give evidence and to provide the necessary support.

(2) the inspection bodies are empowered to inspect the accounting, in particular in the cellar book, in the inventory and in all documentation required for the examination of the applicant.

(3) in the case of the examination, the applicant or an appropriate and informed respondent of the applicant has to be present, to provide information and to provide the necessary support.

(4) the inspection bodies may require the temporary provision of records and documents and to confirm their delivery to the applicant in this case.

(5) in the case of automation-supported accounting, the applicant shall at its own expense to create prints with the necessary data the test institutions upon request.

(6) have become third parties working for the applicant to apply paragraph 1 to 5 to this.

(7) the obligations according to para 1 to 6 in the case of full or partial transfer of the operation also apply to the legal successor.

(8) inspection bodies may require at any time further documents, the submission of originals, or attestation of signatures for detecting the indications made by the applicant, if this is necessary for the proper implementation of the action.

Control



§ Are 32. responsible for control in the implementation of the Community market regulation measures in accordance with the respective legal provisions the organs and agents of the Federal Minister for agriculture and forestry, environment and water management, the AMA, the cadastre-leading points, the district offices of the Chamber of agriculture or in Upper Austria and Carinthia of the Office of the provincial government, the European Union, the Court of Auditors, as well as Federal Winery inspection.

Forms



§ 33.

 As far as from the management or from the AMA forms are created, they are to use.

Recovery



34. (1) the AMA can on the basis of an expert opinion of the BMLFUW under application of article 97 of Regulation (EC) No 555/2008 and of article 73 paragraph 8 of Regulation (EC) No. 796/2004 from the recovery of an amount per farmer per payment year



1 of less than 100 euros (interest not included) or 2 of less than 50 euros, if the interest rate must be indented separately from the amounts unduly paid, refrain, if the regulatory administrative burden disproportionate to the amount of the rückzufordernden.

(2) to calculate the interest in accordance with article 73 (3) of Regulation (EC) No. 796/2004 recovery is delivering the recovery notice issued on the third working day after the suspected item to the post office.

(3) in the course of the recovery of wrongly paid amounts, the corresponding amount of the AMA under application of article 73 paragraph 2 of Regulation (EC) is no. 796/2004 of advances or payments after adoption of the recovery decision to withdraw.

(4) partial payments and compensation of part of be applied first to the capital, and only after the repayment of capital on interest rates.

Payment period



section 35. For all measures article 37 lit considered reasonable payment period according. b) PT. ii) Regulation (EC) No. 555/2008 a payment of aid according to the sequence of test results upon their receipt of the BMLFUW or a withdrawal of aid under guarantee of the best possible utilization of funds provided by the European Union for the financial year, as well as their possible balanced allocation on the individual aid applicants and the individual measures.

Entry into force



section 36. This Regulation shall enter into force August 1, 2008.

Berlakovich

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