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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, Forestry, the Environment and Water Management on the implementation of Community market measures in the wine sector

On the basis of § § 6, 7 (1) Z 14 and 15 and (4), 22, 28 and 32 (3) of the Law on the Market Order 2007 (MOG 2007), BGBl. I n ° 55, as last amended by the Federal Law BGBl. I n ° 72/2008, shall be:

Section 1

General provisions

Scope

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

1.

Regulation (EC) No 479/2008 on the common organisation of the market in wine, OJ L 145, 31.5.2008. No. OJ L 148, 6.6.2008, p.

2.

Regulation (EC) No 555/2008 laying down detailed rules for the application of Regulation (EC) No 479/2008 as regards support programmes, OJ L 327, 31.12.2008, p. No. OJ L 170, 30 June 2008, p. 1,

with regard to Community market organisation measures in the wine sector.

(2) Community market measures in the wine sector within the meaning of this Regulation are the following measures, as set out in Regulation (EC) No 479/2008:

1.

Gust scheme (Title V, Chapter III).

2.

Promotion on third country markets (Title II, Chapter I, Art. 10),

3.

Restructuring and conversion (Title II, Chapter I, Art. 11) and

4.

Investment (Title II, Chapter I, Art. 15).

Responsibility

§ 2. (1) The competent authority shall be responsible for the enforcement of the acts referred to in Article 1 and this Regulation:

1.

for the approval of applications for participation in and implementation of the measures referred to in § 1 paragraph 2 of the Federal Minister for Agriculture, Forestry, Environment and Water Management (BMLFUW);

2.

in order to monitor the implementation of the approved measures in the field of

a)

the gust scheme and in the area of restructuring and conversion the body charged with the management of the vineyard in accordance with the wine-growing laws of the countries (hereinafter referred to as the cadastral section),

b)

Investments in the federal states of Carinthia and Upper Austria the respective office of the provincial government;

c)

Investment in the rest of the Federal Republic of the Federal Agricultural Chamber at the district level for the registered office of the farmer;

3.

in respect of all other provisions relating to the granting of aid and financial management, the market organisation "Agrarmarkt Austria" (AMA).

(2) In the case of the cadastral body, please submit:

1.

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

2.

the application for implementing measures in the field of restructuring and conversion.

(3) Applications for sales promotion on third country markets must be submitted to the BMLFUW.

(4) Applications for investment promotion shall be submitted at the district level of the agricultural chamber responsible for the registered office of the holder. In federal states, where there is no agricultural chamber at the county level, the provincial chambers of agriculture are responsible for their place.

Section 2

Gust Scheme

Application for the use of the grubbing-up scheme

§ 3. The application for the application of the grubbing-up scheme (in the context of the grant of the grubbing-up premium) must be made by means of a form exclusively from the person entitled to be planted. If the applicant is not the owner of the land on which the vineyard is planted, the owner of the land shall agree to the application form in the form. If an owner is bypassed, the application shall nevertheless be effective and any claims for damages shall be asserted in the civil law path.

Review

§ 4. (1) The cadastral body shall check the legality of the planting and the conformity of the information provided by the applicant in the form with the entries in the winemaker's register. Pursuant to Article 81 (3) of Regulation (EC) No 555/2008, the Commission may exercise the possibility of administrative control.

(2) The cadastral body shall record the results of these verifications in the form and submit the application processed in accordance with paragraph 1 above to the BMLFUW.

Calculation of profitability

§ 5. (1) The historical yield gem. Article 101 (2) of Regulation (EC) No 479/2008 shall be determined on the basis of the average yield of the producer's operating system. In order to do this, the applicant has to settle the nominations in accordance with Article 35 (1) of the Wine Act 1999 of the 2003/2004 wine marketing years until 2007/2008.

(2) In the calculation of the average yield of the holding by the cadastral site, the wine year with the highest harvest, the wine year with the lowest harvest and harvest years with excessive yields of yield, have been Adverse weather conditions (e.g. frost, hail, drought) are not taken into account.

(3) Where nominations are not available, the applicant shall provide other appropriate documents for the determination of the average income of the holding (e.g. B. Cellar book excerpt, transport notes).

(4) On the basis of the calculated average yield of the producer's operation, the Cadastre-leading body shall propose to the BMLFUW the average production capacity of the area to be roted.

Method when applying a purchase percentage

§ 6. (1) Applications shall be made after the date of arrival at the BMLFUW. Applicants who are 55 years of age or older at the time of application are in accordance with this procedure. Art. 102 (5) (lit). (b) Pkt. ii) with a second priority. The arrival date shall be an objective criterion in accordance with. Article 102 (5) of Regulation (EC) No 479/2008.

(2) In the case of application of an acceptance percentage, those applicants whose application cannot be taken into account by the application of the acceptance percentage in the current year shall have the right to take automatic account of their Application for the next possible year.

Derogations from the grubbing-up scheme

§ 7. (1) In the following areas, the application of the grubbing-up scheme is in accordance with. Article 104 (5) of Regulation (EC) No 479/2008 is incompatible with the environment: wine-growing region of Vienna; Weinbaugebiet Südburgenland; the Rieden Mitterfeld, Hölzeläcker, Hochberg, Mitterberg, Höblisch, Hochbaum, Siglosgrund, Satz, Fabian, Neuberg, Goldberg, Tsend, Steinriegel, Kolnhoferweg in the municipality of Deutschkreutz.

(2) Gem. Article 104 (4) of Regulation (EC) No 479/2008 i.V.m. Article 68 (1) of Regulation (EC) No 555/2008 exempts the following vineyards from the grubbing-up scheme: vineyards in the wine-growing regions of Styria, Kremstal, Wachau and Kamptal, which are laid out in terraces or at an altitude of more than 500 m or an average slope of more than 26%.

(3) Gem. Article 104 (1) of Regulation (EC) No 479/2008 shall apply in accordance with the provisions of this Regulation. § 3 rejected if the grubbing-up area in Austria has reached more than 4.054.48 ha. In addition, applications for a particular wine-growing area are rejected if the tanned vineyard area of this wine-growing area is more than 10%.

Robe message, resignation, change

§ 8. (1) At the latest by the 30 June following the approval, the grubbing-up carried out shall be notified to the cadastral-leading body by means of the grubbing-up debits provided for in the State Winegrowers ' Laws. This notification shall be deemed to be a request for the grant of the grubbing-up premium.

(2) The cadastral body shall verify the grubbing-up carried out and shall provide the BMLFUW with a confirmation of the grubbing-up and the established period of grubbing-up by means of a form.

(3) The leading authority shall enter the final task of the planting right in the winemaker's register and shall forward a written confirmation to the BMLFUW by means of a form.

(4) If a grubbing-up cannot be carried out in good time due to force majeure, the applicant shall be notified to the cadastral authority. The cadastral body shall carry out such a review in the vineyard.

(5) A resignation of the application is possible at any time and in writing to the BMLFUW. An amendment to the application is possible if the amended application is submitted to the BMLFUW before 15 September by the competent authority responsible for the cadastre.

Premium

§ 9. The award and payment of the premium shall be made on the basis of an expert opinion prepared by the BMLFUW after verification of the compliance with the conditions of eligibility by the AMA.

Section 3

Promotion on third country markets

Eligible measures and markets

§ 10. (1) The eligible measures in accordance with Article 10 (3) of Regulation (EC) No 479/2008 i.V.m. Art. 4 of Regulation (EC) No 555/2008 is listed in Annex I.

(2) Promotion may be granted for actions on the following third country markets: 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 determined. Article 5 (2) of Regulation (EC) No 555/2008 must be the basic objective of promotion measures to promote awareness, image and sales of Austrian quality wine. The promotion measures can affect all aspects of Austrian wine culture (wine from Austria-precious culture in the heart of Europe, wine-growing areas, terroir, climate, grape varieties, wine styles, wine architecture, cuisine, wine tourism, etc.). As quality arguments, Austria's main areas of cultivation, the most important grape varieties and wine styles, as well as the dynamism of the Austrian wine industry, are to be brought to the fore. The Austrian wine is to be positioned as an inseparable part of Austrian and European culture. In doing so, cross-connections with tourism, art and science are possible and desired. The combination of centuries-old Austrian wine-growing tradition with modern gourmet culture, the tension between natural cultivation and efficient cellar technology is to be part of the statement of the promotion measures.

Selection procedure

§ 11. (1) Programmes with proposed promotion measures for Austrian land and quality wines as well as with a list of the costs to be expected must be submitted to the BMLFUW in writing at any time.

(2) The BMLFUW may, in order to select the appropriate programmes, submit an opinion from the National Wine Committee in accordance with the following criteria: Industry Organization Ordinance 2001, BGBl. II No 138/2001. It shall decide on its approval within 3 months from the date of the proposal for a programme.

(3) The Agreement in accordance with. Art. 5 (1) (lit). Regulation (EC) 555/2008 is carried out by the release of an approval certificate. The letter of approval shall include the measures to be taken, the financial resources required for each of the measures, the implementation period and the methods of payment.

(4) A resignation from the implementation of the approved measures is possible as long as no aid has been paid out; the resignation shall be notified in writing to the BMLFUW.

(5) Changes in an already approved programme, which will result in a change in the level of aid, shall be brought to the attention of the BMLFUW without delay and in writing. The individual required financial resources of the approved programme may be max. by 20%. The amendment is to be decided on a modest basis.

(6) The eligible costs of a programme shall be at least 30,000 euro net.

(7) Only invoice receipts of the company authorised for the respective activity are taken into consideration.

Completion of programs, accounting

§ 12. (1) For each programme, an interim settlement may be drawn up by 31 December and 31 July, and the programme for the first interim settlement has already been approved for more than three months. At these points in time, the application for an advance payment is also in accordance with. Article 5 (7) of Regulation (EC) No 555/2008 is possible. The final settlement shall be drawn up after the completion of all the measures in the programme, but no later than 6 months after the end of the programme period, and shall refer, where appropriate, to the period since the last preceding Interim settlement.

(2) Each statement shall be accompanied by an overview of the implementation of the measures contained in the programme, together with a financial statement accompanied by a statement of the expenditure incurred, including the proof of payment in the original. The final settlement shall also be accompanied by an evaluation of the results of the sales promotion programme which can be determined at the time of reporting.

(3) The accounts referred to in paragraphs 1 and 2 shall be submitted to the BMLFUW and shall be deemed to be a request for the grant of the aid.

(4) The approval and payment of the aid shall be effected by the AMA on the basis of an expert opinion of the BMLFUW.

(5) In the payment of the aid, the best possible use of the funds made available by the European Union and the allocation of the aid as well as possible to the individual aid and the individual measures pursuant to Article 1 (2) of this Regulation shall be granted. ,

(6) If no more funds are made available by the European Union to Austria for the promotion of sales on third country markets, § 22 shall apply mutatically.

(7) The submission of a programme for further promotion measures requires the conclusion of all promotion measures under a previous programme.

Section 4

Restructuring and conversion

Plan Design

§ 13. (1) Each wine-making driving person and each person entitled to dispose of a planting right shall be entitled to submit a draft on a plan for the implementation of the conversion (conversion plan) in accordance with Article 11 of Regulation (EC) No 479/2008. If the wine-building driver is not the owner of the land on which the conversion measure is carried out, he shall have the written consent of the property owner or another proof of his entitlement to carry out the To submit a conversion measure. If an owner is bypassed, the application shall nevertheless be effective and any claims for damages shall be asserted in the civil law path.

(2) The draft plan shall have a detailed description of the proposed conversion measure in accordance with § 14, the area covered by this conversion measure, all the necessary land-related information and the date of the proposed conversion. Implementation of the conversion measure. Land-related information, which is only fixed after the implementation of the conversion measures (e.g. the extent and slope of the completed vineyard due to deferment and earthworks) and therefore not yet at the time of the planning of the plan , shall be included in the plan design in the estimated maximum extent. Their actual extent is known after the completion of the reconversion measures. In the case of the sub-measure "Böschungsterrassen" in accordance with Annex II, lit. C and the sub-measure "Wall terraces" as set out in Annex II (lit). D the draft plan has the expected extent (running meter and/or Square meter) of the recultivation or re-erection of the embankment or Wall to include. In the case of the sub-measure 'Protection from wild bite' in accordance with Annex II, lit. G has the plan design to include the expected length (running meter) of the new fence as well as a plan sketch.

(3) The draft plan shall be submitted by means of a form to the responsible post office responsible for verifying the conformity of the land-related information with the entries in the vineyard register. This has to be done by the appropriate district office of the respective State Chamber of Agriculture. The Landeslandwirtschaftskammer (State Chamber of Agriculture) is entitled to obtain information from the applicant in order to assess the marketing and marketing opportunities associated with the implementation of the plan. The cadastral authority must also verify the legality of the planting as well as the conformity of the information provided by the applicant in the form with the entries in the wine-growing cadastre, at most with a wine garden commission. The cadastral body shall record the results of these verifications in the form.

(4) If the conversion measure is to be carried out on land falling within the local area of responsibility of a number of cadastral bodies, the aid shall itself be responsible for the endorsement of each of the cadastral bodies. , and to submit the fully confirmed application form at the registry responsible for its registered office.

(5) The cadastral body shall forward the draft plan, examined in accordance with paragraph 3, to the BMLFUW.

(6) The BMLFUW has to approve the draft plan in the event of all the necessary conditions, or to reject it in the absence of one or more of the conditions. The communication shall also include the estimated total amount of the aid.

(7) The BMLFUW is entitled to draw experts of its choice for the evaluation of submitted conversion plans with a view to the suitability for the adjustment of the production to the market demand. If this evaluation finds that a proposed conversion plan is not suitable for the adjustment of production to market demand, the BMLFUW has to reject this plan with a communication.

Conversion measure and aid level

§ 14. (1) The conversion measure presented in the draft plan shall be composed of one or more of the partial measures defined in Annex II. Each winemaker shall choose the appropriate conversion measure itself and shall ensure optimum adaptation of the production to the market conditions appropriate for its operation.

(2) The aid shall, with the exception of the sub-measure "Irrigation", be referred to in Annex II. E, the sub-measure 'Protection against wild bite' as set out in Annex II (lit). G and the sub-measure entitled 'Protection against bird and hail' as set out in Annex II (lit). H, as a lump sum per hectare, per meter or square metre. The level of aid of the individual measures and the increase in the aid in the case of the use of a right of replanting resulting from a grubbing-up in the context of the implementation of the conversion plan is listed in Annex III.

(3) The level of aid for the 'irrigation' sub-measure referred to in Annex II (lit). E and for the sub-measure 'Protection against bird and hail' as set out in Annex II (lit). H is 50% the cost of the installation, but a maximum of 5,200,-Euro/ha in the case of the partial measure "Irrigation" and a maximum of 5,079,-Euro/ha in the case of the sub-measure "Protection against Birds and Hail". The costs of the installation are made up of the accounting documents to be transmitted to the BMLFUW and the own-performance component. Account shall be taken exclusively of accounting documents of companies which are permitted to operate on the basis of their respective activities. The self-performance component shall be fixed at a flat rate of 50% of the sum of the accounting documents to be referred to, but it shall be no more than 1,200 euro per hectare in the case of the 'irrigation' sub-measure and a maximum of 1,693,-euro/ha in the case of the 'protection' part-measure before bird and hail ".

(4) The level of aid for the sub-measure 'Protection against wild bite' as set out in Annex II (lit). G is calculated as follows from the cost of the installation of the fence per erdirectional running meter:

-

Wildfence or the like: The cost of the material (however, at most 5.8 Euro/lfm) will be charged at a flat rate of 50% of its own cost; the sum will result in the cost of the installation. The level of aid amounts to 50% of the cost of the installation.

-

Electric fence or similar:. The costs of the installation are based on the material costs for the electric fence (however at most 0.9 Euro/lfm electric fence), which can be used with invoice, 50% of the cost of own services and the material costs for the equipment equipment which can be used with invoice. (however, no more than 495,-euro per equipment). The level of aid amounts to 50% of the cost of the installation.

-

Account shall be taken exclusively of accounting documents of companies authorised to operate on a commercial basis.

(5) The re-planting of the same area with the same variety in accordance with the same management techniques is not a conversion measure.

Areas eligible for aid

§ 15. (1) If a vineyard is newly created in the course of the conversion measure, then either an existing vineyard can be cleared and/or an existing planting right can be used. If a right of planting is granted from the regional reserve set up in accordance with the Styrian Provincial Wine Act, no conversion aid may be granted for the vineyard planted on that basis.

(2) The size of a reed area shall not be less than 10 ares; on terraces, the area covered shall comprise at least 250 vines. Where an existing vineyard is cleared under the conversion measure, the tanned vineyard shall also not be less than 10 ares or less than 10 ares or more. on terraced plants not smaller than 250 vines.

(3) In the course of each individual conversion measure, with the exception of replanted vineyards up to 3 hectares, the reed area shall not exceed one third of the vineyard area of the holding which has been registered and planted in the vineyard list. . Changes in the framework of a procedure of the agricultural authority on the basis of the Basic Law for the Basic Law 1951, BGBl. No 103, within the framework of the irrigation sub-measure referred to in Annex II (lit). E and, in the context of the sub-measure, protection against avian and hail referred to in Annex II (lit). H are not covered by this regulation.

(4) The use of a premium for the final abandonation of the wine-growing sector in accordance with Chapter III of Title V of Regulation (EC) No 479/2008 and of the second section and a conversion aid by the same holding (totality of the farmer ' s holding) -the production units managed on the territory of a Member State) shall be excluded at Community level for the duration of the "restructuring and conversion" measure.

(5) Reconversion measures may be carried out in the specified regions of Lower Austria, Burgenland, Vienna, Carinthia, Upper Austria and Styria.

(6) The multiple implementation of a sub-measure on the same area is excluded for the duration of the measure "Restructuring and conversion". Exceptions to this are cases of force majeure which require the multiple implementation of a partial measure.

Compensation for loss of income

§ 16. The compensation for loss of income related to the implementation of the conversion plan shall be carried out within the framework of the flat-rate payment of the costs of grubbing-up by granting the increased aid referred to in Annex III (lit). F. An amount of up to 1,018,-Euro per hectare shall be considered as compensation for the loss of income and the amount exceeding that amount as a flat-rate payment of the cost of the grubbing-up.

Work Start

§ 17. The work on the conversion measure must be initiated only after its modest approval pursuant to Article 13 (6). For the assessment of the timing of the start of work for the "irrigation" sub-measures referred to in Annex II (lit). E, "protection against wild bite" as set out in Annex II (lit). G and 'protection against bird and hail' as set out in Annex II (lit). H is in particular the date of receipt of invoice receipts, delivery notes or the like.

Completion of work

§ 18. (1) The work within the scope of the conversion measures shall be completed within 5 years from the modest approval of the conversion plan, but at the most up to the date fixed by the BMLFUW pursuant to § 22 (1).

(2) The completion of the work shall be notified in writing to the competent cadastral authority, with the exception of the cases referred to in paragraph 3. In the event that a number of job-leading positions are concerned, Section 13 (4) shall apply mutagenicly. The notification shall be deemed to be a request for the granting of the conversion aid.

(3) The receipt of accounting documents and associated payment documents relating to one of the sub-measures 'irrigation' referred to in Annex II (b). E fully constructed irrigation system, which is part of the sub-measure 'Protection from wild bite' as set out in Annex II (lit). In the case of a fully-built facility and on a part of the sub-measure 'Protection against bird and hail' in accordance with Annex II, lit. H fully constructed installation are to be submitted to the BMLFUW in the original. The BMLFUW is aware of the completion of the work after verification of the payment documents.

(4) The cadastral body shall review the entire implementation of the approved conversion action on the spot and shall announce the outcome of this review to the BMLFUW.

(5) In the case of the new installation of a vineyard, the conversion measure shall be deemed to be completed when all the work steps have been completed to such an extent that a permanent, future economic use of the area as a yield vineyard is ensured. Finalizing work (e.g. On the wire frame) can also be carried out after completion of the activities within the framework of the conversion measure.

(6) For each vineyard, which is related to a part of the conversion carried out, there must be a sustainable economic use as a yield vineyard.

Approval and payment of the amount of aid

§ 19. (1) In order to make the best possible use of the resources made available by the European Union for the corresponding financial year, as well as the allocation of the funds as well as possible to the individual aid users and the individual measures in accordance with Article 1 (1) of the Treaty. 2 the test results according to § 18 (4) are ranked after their arrival at the BMLFUW.

(2) The granting and payment of the conversion aid shall take place after the completion of the work according to the order of the order. (1) the presentation of the results of the test in accordance with the resources made available by the European Union and on the basis of an expert opinion drawn up by the BMLFUW through the AMA. Applicants who have carried out conversion measures in areas that are in accordance with § 7 (1) and (2) are excluded from the grubbing-up measures, are preferred in the series.

(3) Subject to cases of force majeure, the following shall apply: if the conversion measure is not fully completed within the five-year period, but to an extent of at least 80%, the amount of the aid shall be reduced by the corresponding amount. If the conversion measure is completed within the 5-year deadline of less than 80%, no aid shall be paid out. An amount exceeding the extent indicated in the application (m² vines,% slope, terraced slope, fence or m² terrace wall) of one or more completed sub-measures shall not be included in the disbursement of the aid. shall be considered.

(4) In order to ensure a balance between the 'irrigation' sub-measure and the other sub-measures, the payment of the aid to the 'irrigation' sub-measure shall be divided, the first instalment, with the exception of the repayment, to be paid. Vineyards of up to 3 hectares-at least the aid for one third of the areas approved for the 'irrigation' sub-measure. One or more additional partial payments shall be awarded in accordance with the available resources, with priority being given to other partial measures. If the allocation of funds is sufficient, it may be possible to refrain from the division of the payment of the aid.

(5) The possibility of advance payment of the aid in accordance with Article 9 (2) of Regulation (EC) No 555/2008 may be used in justified cases.

Transitional measures

§ 20. Current conversion measures approved in accordance with Article 11 et seq of Regulation (EC) No 1493/99 may be concluded in accordance with Article 10 of Regulation (EC) No 555/2008 under the conditions laid down in the approval decision.

Resignation, Changes

§ 21. (1) A written withdrawal of the application for approval of the plan is possible as long as no authorization has been granted to the aid advertiser pursuant to Section 19 (2).

(2) Changes in an already approved conversion plan that have an impact on the level of aid shall be without delay, but no later than within two years from the modest approval of the change-over plan , in writing. The BMLFUW has to decide on these changes in a modest way, taking into account in particular the possible impact of the change on the level of the aid amount.

Completion of restructuring and conversion

§ 22. (1) If no more funds are made available by the European Union for restructuring and conversion, the approval of plan designs shall not be granted. The funds still available at this point will be used for the payment of the aid amount for the reconversion measures already approved. The BMLFUW shall set a date for the completion of these conversion measures and a date for the last possible presentation of the inspection results in accordance with. Section 18 (4).

(2) In order to be able to pay the amount of aid in fixed amounts for all the authorized conversion measures, the amount of aid may be reduced aliquot. However, the extent of the reduction must not exceed 50% of the amount of aid originally set. If it is no longer possible for aid to be paid out in respect of all approved conversion measures, the payment shall be made after the entry of the audit reports in accordance with Article 18 (4).

Section 5

Investment

Aid eligible, application

§ 23. (1) Calculated for the use of the support pursuant to Article 15 of Regulation (EC) No 479/2008:

1.

Establishments which produce or market products listed in Annex IV to Regulation (EC) No 479/2008 (proof by the presentation of the inventory report in accordance with the Wine Act) and

2.

in the area of investments, 'clarifying facilities', 'equipment for the treatment of money' and 'bottle-filling facilities, labelling facilities', also communities and/or companies of establishments which, within the framework of a machinery ring, are organized (e.g. B. Cooperative, GesbR, KEG) and wine-growing associations.

(2) Holds which market only grapes are not eligible for participation.

(3) The application shall be made by means of a form at the district office of the Chamber of Agriculture and/or in Upper Austria and Carinthia, to the office of the Land Government. The form is to describe the planned investment (a combination of several investments is possible), and the need for investment is to be justified and it is-except in the case of communities and wine-growing associations-to: How the planned investment will affect the improvement of the overall operating performance. Furthermore, the estimated costs are to be added and the estimated time within which the investment can be completed.

(4) The application shall be accompanied by a copy of the notification of the applicant (the date immediately preceding the date of the application) of the applicant, except in the case of communities and wine-making associations.

(5) The district office of the Chamber of Agriculture or in Upper Austria and Carinthia, the Office of the Land Government shall, if necessary, also by means of a local inspection, assess the feasibility of the information provided by the applicant and record the result of this evaluation on the form.

(6) In the event of investments falling within the local area of responsibility of several district offices of the Chamber of Agriculture, the State aid worker must himself obtain the endorsements of the individual county offices of the Chamber of Agriculture.

(7) The district office of the Chamber of Agriculture or in Upper Austria and Carinthia, the Office of the State Government shall forward the application, which has been assessed in accordance with paragraph 5, to the BMLFUW.

(8) The BMLFUW has to approve the application in case of all necessary conditions, or to reject it in the absence of one or more of the requirements. The approval decision shall also include the estimated total amount of the aid.

(9) The BMLFUW is entitled to grant experts of its choice to assess the submitted applications with a view to the suitability for improving the overall performance of the plant. If this evaluation finds that a submitted application is not suitable for improving the overall performance of the plant, then the BMLFUW has to reject this plan with a communication.

Investment and eligible investment sums

§ 24. (1) The application shall include one or more of the investments defined in Annex IV. Every wine-building driver must choose the appropriate investments themselves and ensure an optimal improvement of the overall performance of the plant.

(2) The level of aid shall be 40% of the eligible investment total. The maximum eligible investment amounts for each investment are set out in Annex IV. The lower limit for the eligible net costs of the individual investments in Annex IV shall be EUR 3,000.

(3) Where the investments are 'clarifying facilities', 'facilities for the preparation of the money' and 'bottling facilities, labelling facilities' of communities and/or companies organised in the framework of a machinery ring, or by wine-growers, the maximum amount of investment that can be eligible for investment is doubled.

(4) Investment, which disproportionately costs in comparison with equivalent investments, shall not be encouraged. The BMLFUW is entitled to decide on the appropriateness and proportionality of the costs of the individual investments by drawing up experts on the adequacy of the information.

(5) The acquisition of used equipment does not constitute a eligible investment.

(6) Only accounting documents of companies authorised for the respective activities are to be taken into account.

(7) The use of a premium for the final abandonation of the wine-growing sector in accordance with Chapter III of Title V of Regulation (EC) No 479/2008 and of the second section and an investment aid by the same establishment (totality of the farmer ' s) (b) production units managed on the territory of a Member State) shall be excluded for the duration of the "investment" measure at Community level.

Start of investment

§ 25. The investment may only be initiated after the modest approval of the investment pursuant to Article 23 (8). However, in the case of applications submitted during the 2008/2009 wine year, it may already be possible to assess the feasibility of the information provided by the district office of the Chamber of Agriculture and/or the Chamber of Agriculture. in Upper Austria and Carinthia by the Office of the State Government in accordance with. Section 23 (5) with the investment will be started. In particular, the date of receipt of invoice receipts, delivery notes or the like shall be relevant for the assessment of the time of the commencement of the investment.

Completion of the investment

§ 26. (1) The conclusion of the investment shall be in writing to the competent county office of the Chamber of Agriculture and/or in Upper Austria and Carinthia, to inform the Office of the State Government. In the event that several county offices are affected, Section 23 (6) shall apply mutatily. The notification shall be deemed to be a request for the granting of investment aid.

(2) In the communication referred to in paragraph 1, a detailed list of the investments made and of the costs incurred shall be presented in a comprehensible way. In addition, all documents shall be included in the original on the costs incurred in the notification referred to in paragraph 1.

(3) If the investment has been made within the framework of a broader overall project, the accounting documents shall be separated and the individual costs shall be substantiated in a comprehensible manner.

(4) The district office of the Chamber of Agriculture or In Upper Austria and Carinthia, the Office of the State Government has to check the completion of the investment on the spot, based on the list of investments made and the cost statements (if necessary in the presence of the Federal tile inspection) and then submit an audit report, including the cost statements, to the BMLFUW.

(5) The investment shall be deemed to be completed when all the work steps have been completed to such an extent that a lasting, future economic use of the investment is ensured. In the case of the establishment of systems for compliance with food safety standards, the project has been completed with the first successful certification.

Approval and payment of the amount of aid

§ 27. (1) In order to ensure the best possible use of the resources made available by the European Union for the financial year in question and the allocation of the funds as well as possible to each aid worker and to the individual aid Measures pursuant to Section 1 (2) may be used for the test results according to § 26 (4) after they have been received in the first place.

(2) The granting and payment of the investment aid shall be effected after the completion of the work, in accordance with the presentation of the results of the test and in accordance with the conditions laid down by the AMA on the basis of the funds made available by the European Union. Basis of an expert opinion of the BMLFUW. Applicants who have carried out investments in areas that are in accordance with § 7 (1) and (2) are excluded from the grubbing-up measures, are preferred in the series.

(3) A request for a further new investment will result in the completion of the previous investment.

(4) An aid exceeding the investment aid determined in accordance with Article 23 (8) of the approval certificate shall not be taken into account in the payment of the payment.

(5) The possibility of advance payment of the aid in accordance with Article 19 of Regulation (EC) No 555/2008 may be used in justified cases.

(6) If no more funds are made available for investment promotion by the European Union Austria, § 22 shall apply mutatily.

Resignation, Changes

§ 28. (1) A written withdrawal of the application is possible as long as no authorization has been granted to the aid advertiser pursuant to Section 27 (2).

(2) Changes in an application which has already been approved in a modest manner and which have an effect on the level of aid shall be subject to the BMLFUW by means of the competent district office of the Chamber of Agriculture and/or in Upper Austria and Carinthia by means of the Office of the Government of the State without delay, but no later than within 1 year from the modest approval of the application , in writing. The BMLFUW has to accept or reject these changes in a modest manner, taking into account in particular the possible impact of the change on the amount of the aid.

6.

Common provisions

Notification duty

§ 29. The applicant shall immediately notify the BMLFUW in writing of any change leading to the fact that the actual or legal circumstances no longer correspond to his/her information in the application.

Recording and retention obligations

§ 30. The applicant shall keep all the books, records and documents relating to the award of the premium with the diligence of a prudent businessman for four years, unless longer periods of retention by other means Legislation. The retention period shall begin at the end of the wine year in which the award of the premium has been granted.

Disclosure and co-action obligations

§ 31. (1) The applicant shall have the organs and the representative of the BMLFUW, the AMA, the Federal Food Inspectorate, the registry-leading bodies, the district offices of the Chamber of Agriculture and/or in Upper Austria and Carinthia of the Office of the Land Government, the Austrian Court of Auditors, the certifying body for the closure of the accounts and the institutions of the EU (hereinafter referred to as 'the audit bodies'), entering into the premises of the European Union and the To allow production areas during or after agreement and to provide, on request, the relevant books, in particular the cellar book, records, documents and other documents, for inspection, information on the production areas, and to provide the necessary support.

(2) The audit bodies are authorized to inspect the accounts, in particular in the cellar book, in the inventory register and in all documents required for the examination of the applicant.

(3) In the course of the examination, the applicant or an appropriate and informed person of the applicant 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 to the applicant.

(5) In the case of automated accounting, the applicant shall, at his/her costs, draw up printed copies of the information required by the examiners.

(6) If third parties have been employed by the applicant, the provisions of paragraphs 1 to 5 shall also apply to them.

(7) The obligations laid down in paragraphs 1 to 6 shall also apply to the legal successor in the case of the complete or partial transfer of the holding.

(8) The testing bodies may, at any time to prove the information made by the applicant, require further documentation, the presentation of originals or the certification of signatures, if this is necessary for the proper implementation of the measure is required.

Control

§ 32. In accordance with the relevant legislation, the institutions and representatives of the Federal Minister for Agriculture, Forestry, the Environment and the Environment are responsible for the control of the implementation of the Community market rules. Water management, the AMA, the cadastral bodies, the district offices of the Chamber of Agriculture and/or in Upper Austria and Carinthia of the Office of the State Government, of the European Union, of the Court of Auditors and of the Bundeskellereiinspektion.

Form sheets

§ 33. To the extent that forms are created by the BMLFUW or the AMA, these are to be used.

Recovery

§ 34. (1) On the basis of an expert opinion of the BMLFUW, the AMA may, under the application of Article 97 of Regulation (EC) No 555/2008 and Article 73 (8) of Regulation (EC) No 796/2004, be subject to the recovery of an amount per farmer and year of payment

1.

less than 100 euro (interest not included) or

2.

less than EUR 50 if the interest has to be recovered separately from the sums unduly paid,

Distance, if the administrative burden is disproportionate to the amount of the amount to be recovered.

(2) In order to calculate the interest in accordance with Article 73 (3) of Regulation (EC) No 796/2004 in the event of a recovery, the notification of the letter of recovery shall be presumed on the third working day following the post-post mission.

(3) In the course of the recovery of unduly paid amounts, the corresponding amount shall be deducted from the AMA under the application of Article 73 (2) of Regulation (EC) No 796/2004 of advances or payments following the adoption of the recovery modest.

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

Payment deadline

§ 35. All measures shall be deemed to have a reasonable period of payment. Art. 37 lit. (b) (ii) of Regulation (EC) No 555/2008, a payment of the aid in accordance with the classification of the test results after they have been received by the BMLFUW and/or a payment of the aid, ensuring the best possible use of the resources made available by the European Union for the corresponding financial year, and the allocation of the aid as well as possible to the individual Aid and individual measures.

entry into force

§ 36. This Regulation shall enter into force on 1 August 2008.

Berlakovich