444. Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management via producer organisations for fruit and vegetables and associations of producer organisations for fruit and vegetables (fruit and vegetables EO-VO)

On the basis of Section 7 of the Law on the Market Order 2007, BGBl. I n ° 55/2007, as last amended by the Federal Law BGBl. I n ° 72/2008, shall be:

Scope

§ 1. The provisions of this Regulation shall be used for the implementation and enforcement of acts of the Council and of the Commission of the European Communities within the framework of the common organisation of agricultural markets in the fruit and vegetable sector as regards Producer organisations for fruit and vegetables and associations of producer organisations for fruit and vegetables (including crisis prevention and crisis management measures for all fruit and vegetable producers, as well as with regard to the Framework provisions laying down the national strategy and the national Framework), in particular:

1.		Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), OJ L 139, 30.4.2007, p. No. OJ L 299 of 11. 1, as last amended by Regulation (EC) No 508/2008, OJ L 327, 30.4.2008, p. No. OJ No L 149, 07. 06. 55;
2.		of Regulation (EC) No 1580/2007 laying down detailed rules for the application of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector, OJ L 327, 31.12.2007, p. No. OJ No L 350, 31. 12. 7, as last amended by Regulation (EC) No 590/2008, OJ L 327, 30.4.2008, p. No. OJ No L 163, 24. 06. 2008, p. 24.

Responsibility

§ 2. (1) The agricultural market Austria (AMA) shall be responsible for the enforcement of this Regulation and the acts referred to in § 1, unless other responsibilities are laid down in paragraph 2.

(2) The Federal Minister for Agriculture, Forestry, Environment and Water Management is responsible for:

1.		the recognition of producer organisations for fruit and vegetables in accordance with Article 22 of Regulation (EC) No 1580/2007 and associations of producer organisations, in accordance with Article 34 of Regulation (EC) No 1580/2007;
2.		the approval of the operational programmes and the establishment of the maximum level of the operational fund under the operational programmes referred to in Article 65 of Regulation (EC) No 1580/2007, as well as amendments to the operational programmes under Article 66 and Article 67 of the Regulation (EC) No 1580/2007;
3.		the withdrawal of recognition in accordance with Article 17 of this Regulation;
4.		an authorisation to set up subsidiaries and their use in order to calculate the value of the marketed production in accordance with Article 52 (7) of Regulation (EC) No 1580/2007;
5.		the exercise of all reporting and notification obligations to the Commission of the European Communities, in particular those obligations of notification pursuant to Article 99 of Regulation (EC) No 1580/2007;
6.		the fixing of the reference periods for the calculation of the financial aid referred to in Article 53 of Regulation (EC) No 1580/2007;
7.		the recognition of inter-branch organisations in the fruit and vegetable sector and the agreements they have concluded in accordance with Articles 125b and (k) of Regulation (EC) No 1234/2007;
8.		the extension of the rules applicable to producer organisations to all producers in an economic area (that is, a Land) and the removal of that extension pursuant to Title II, Chapter VI, of Regulation (EC) No 1580/2007; and
9.		the monitoring and evaluation procedures with regard to the national strategy and the national framework.

Recognition of producer organisations

§ 3. (1) Producer organisations shall submit a request for recognition with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, using a form to be issued by the latter. The application shall be accompanied by the documents necessary for the assessment of the conditions for recognition, in particular:

1.		the statutes of the producer organisation,
2.		all contracts relating to the establishment and activities of the producer organisation, such as social contracts and contracts with producers and marketers,
3.		the rules of the producer organisation in respect of production, marketing and environmental protection;
4.		a list of the members of the producer organisation, indicating the names and registered offices of the members, and the date on which the membership begins,
5.		a list of the technical aids for the storage, processing and processing of the products and for the use of environmentally friendly farming methods, as provided by the producer organisation for its members, and
6.		detailed documentation relating to the annual turnover or the total quantity of marketed production of the producer organisation.

(2) Producer organisations shall be recognised when they are informed of:

1.		a legal person within the meaning of the corporate code dRGBl. S 219/1897, as last amended by BGBl. I No 70/2008, or a part which is clearly defined in terms of space or objectivity, such as an own company location or a separate product branch of a legal person, or if it is a person's association with its own legal personality , which are engaged in an economic, profit-making activity, and
2.		satisfy the conditions laid down in the acts referred to in § 1 and the conditions set out in Article 4 of this Regulation.

(3) Producer organisations must demonstrate, within the framework of the procedure for recognition, that they have the staff and the infrastructure necessary for the performance of their essential tasks within the meaning of Article 25 of Regulation (EC) No 1580/2007 shall be necessary, as in particular:

1.		knowledge of the production of its members,
2.		the sorting, storage and packaging of the production of its members;
3.		the commercial and technical processing as well as
4.		central bookkeeping and accounting.

Minimum size of producer organisations

§ 4. (1) In accordance with Article 23 of Regulation (EC) No 1580/2007, the minimum number of producers and the minimum quantity of marketed production shall be determined as follows:

1.		Minimum number:
a)			Producer organisations for fruit (types) and vegetables (-species): 40
b)			Producer organisations for fruit (-species): 20
c)			Producer organisations for vegetables (-species): 20
d)			Producer organisations for the products intended for processing: 20.
2.		Minimum quantity expressed by the value of marketed production:
a)			Producer organisations for fruit and vegetables: EUR 4 million
b)			Producer organisations for fruit: EUR 4 million
c)			Producer organisations for vegetables: EUR 4 million
d)			Producer organisations for the products intended for processing: 3 million euro

(2) Where an applicant for recognition as a producer organisation is wholly or partly composed of members who themselves are legal persons or clearly defined parts of a legal person consisting of producers, the Minimum number of producers calculated on the basis of the number of producers connected to each of the legal persons or clearly certain parts of a legal person.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in duly justified exceptional cases, taking into account the given regional production and market conditions, derogations from the minimum number of producers. and/or the minimum quantity to be achieved, provided that all the provisions of this Regulation, as well as the conditions laid down by the European Union, are complied with.

Offload

§ 5. (1) The performance of the tasks referred to in Article 25 of Regulation (EC) No 1580/2007 may be entrusted to third parties under the following conditions:

1.		The third party must be shown to have the appropriate infrastructure and the relevant knowledge and expertise.
2.		Outsourcing to third parties must be associated with a recognisable and measurable advantage for the producer organisation, in particular in the interests of the economic management of the producer organisation's business as far as possible.
3.		It must be ensured that the outsourcing of the third party to the third party does not result in any mixing with matters or products of non-members of the producer organisation.
4.		The third party shall be equal to the producer organisations in respect of the obligations laid down in Article 16.

(2) The outsourcing of business units has resulted in a corresponding change in the recognition modest. Temporary outsourcing is to be applied for under the operational programmes of the Federal Minister for Agriculture, Forestry, Environment and Water Management.

Membership of non-producers

§ 6. (1) In accordance with Article 32 of Regulation (EC) No 1580/2007, non-producers may be members of producer organisations if the conditions set out in (2) and (3) are met.

(2) Producer organisations established exclusively at the instigate of producers, may include non-producers as members. These may only be natural persons whose membership of the producer organisation is conducive to the better performance of their tasks. These conditions shall be met by non-producers who have specific knowledge of the economic or technical functions of a producer organisation and which have a corresponding function within the producer organisation, and in particular the following activities:

1.		managing partner of the producer organisation in those cases where, for this function, membership of the producer organisation is required by virtue of the particularities of Austrian company law and the The managing partner is bound by the instructions of the executive board or supervisory board consisting of a majority of producers,
2.		Member of the board or supervisory board of a producer organisation, where the statutes ensure that no decision-making within the producer organisation can be made without the majority of producers.

(3) In any event, if a non-producer is a member of a producer organisation, it must be ensured that the member outside the producer organisation does not engage in any activity which is contrary to that of the producer organisation. , or through which the producers see themselves influenced by an independent voting behaviour. It must also be ensured that the Member is not involved in the decision-making process of a trading company, which is the subject of trade in fruit or vegetables or processed fruit and vegetables.

Recognition of associations of producer organisations

§ 7. (1) Associations of producer organisations within the meaning of Art. 34 of Regulation (EC) No 1580/2007 shall submit a written application for recognition to the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

(2) Associations of producer organisations shall be recognised in accordance with the conditions laid down in Article 3 of Regulation (EC) No 1580/2007, provided that they fulfil the conditions laid down in Article 3 of this Regulation. In doing so, it is necessary to ensure that the risk of double funding is excluded.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may authorise associations of producer organisations, upon request, to establish their own operational programmes.

Operational Fund

§ 8. (1) Within the framework of the operational fund, each action of the operational programme (including the financing of crisis management and crisis prevention measures within the meaning of Article 74 et seq. of Regulation (EC) No 1580/2007) shall be included within the financial accounting system keep records that allow you to track all expenses and revenue and to assign them to a particular action.

(2) For the purpose of calculating the financial aid in accordance with Article 53 of Regulation (EC) No 1580/2007, the reference periods shall be notified to the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

(3) The value of the by-products shall be taken into account in the value of the marketed production.

Operational programmes

§ 9. (1) If at least 80% of the member establishments of a producer organisation participate in at least two measures of the ÖPUL (such as integrated production), the requirements of Art. 103f of Regulation (EC) No 361/2008 are in any case deemed to be fulfilled.

(2) In the event of unforeseen underwriting of the percentage, the environmental measure shall be replaced by another appropriate environmental measure.

(3) The time limit for the submission of applications for advance payments pursuant to Article 72 of Regulation (EC) No 1580/2007 shall be 31. Jänner, 30 April, 31 July and 31. The deadline for the three-month period commensurate with the month of presentation of the application for advance payment shall be 30 April, 31 July and 31 July for the date of submission of the requests for partial payment pursuant to Article 73 of Regulation (EC) No 1580/2007. for the preceding three-month period.

Amendment of operational programmes

§ 10. (1) Changes in operational programmes within the financial year are only permitted in justified cases and, in principle, with the approval of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, when events , which were not foreseeable at the time of the programme. The general objectives of the operational programmes must be maintained and the amount of the operational fund must not be exceeded.

(2) Within the operational programme, operating funds may be transferred from one measure to another, provided that 25% of the amount approved for this purpose is not exceeded and the Federal Minister for Agriculture and Forestry, The environment and water management are immediately informed.

(3) Within the financial year, only partial implementation of the operational programme shall be permitted, provided that the amount of the approved amount is not exceeded by more than 30% and the Federal Minister for Agriculture, Forestry and the Environment and water management shall be immediately informed thereof. The general objectives of the operational programmes must be maintained.

Voting rights of Members

§ 11. If a member of the producer organisation owns more than 20% of the voting rights, this is required by the Federal Minister for Agriculture, Forestry, the Environment and Water Management in accordance with Art. 33 of Regulation (EC) No 1580/2007; the application has the following producer organisation. In any event, this authorisation shall be refused if the proportion of voting rights is more than 49%.

Direct marketing of producers

§ 12. Members of a producer organisation may, in accordance with the statutes of the producer organisation, market directly a certain proportion of their products. The maximum direct marketing share for a producer shall be 25% of a product for which the producer organisation is recognised. With the agreement of the producer organisation, the upper limit may be exceeded in exceptional cases.

Withdrawal of a member

§ 13. (1) The time frame for the dismissal of the membership to be notified in writing by the producer organisation shall be fixed for a period of six months at the end of the marketing year. The date of the validity of the termination shall be the end of the following marketing year.

(2) In order to avoid double counting in the event of change to another producer organisation, the marketing year shall be concluded with regard to the production in the operational programme at that producer organisation, which shall be responsible for the production of the Producer has so far been a member.

Crisis management and crisis prevention

§ 14. (1) Measures of crisis prevention and crisis management may also be carried out by non-members of a producer organisation only through such a producer organisation.

(2) If the Community financial assistance is increased in accordance with Article 103d (2) or (3) of Regulation (EC) No 361/2008, the implementation of this increase shall be carried out in the course of the approval of the operational programme.

(3) The objectives of the strategic guidelines and of the national strategy defined by the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be applicable to all measures taken in the context of crisis prevention and crisis prevention. Crisis management is to be followed. These include in particular:

1.		Structural consolidation and conservation of agricultural land and farms in Austria,
2.		Observance of the principles of economic efficiency, expediency and economy,
3.		taking into account all the public funds used,
4.		Conserving the environment and resources,
5.		Use and maintenance as well as insurance obligations with regard to all investment items.

(4) In the context of crisis prevention and crisis management, in particular, the following measures may be taken, in accordance with the strategic guidelines and the national strategy:

1.		sales promotion and communication activities,
2.		Education and training actions,
3.		Crop insurance measures,
4.		Grant of the administrative costs of the establishment of mutual risk funds,
5.		Market assumptions, provided that the measures are provided for in the national strategy.

Implementation of crisis prevention and crisis management measures

§ 15. (1) For all measures in the context of crisis prevention, producer organisations shall ensure that these measures are additional and not already in place:

Only measures which can be rapidly implemented and applied by producer organisations in order to counteract crisis situations shall be permitted. The nature of the measures should be chosen in accordance with the national strategy.

The planned measures in the field of crisis management (such as the Treaty establishing a mutual risk fund) shall be submitted to the Federal Minister for Land, on the basis of the application for approval or for the amendment of the operational programme. and forestry, the environment and water management.

Within the framework of crop insurance measures, producer organisations shall not enter into contracts with insurance undertakings whose institutions are in a personal or economic close relationship with the producer organisation. In any event, producer organisations and their members shall exercise every possible care in order to avoid crop failures and, in particular, to use those instruments which are used by the grouping of producers into a Producer organisation is only made possible.

(3) The costs to be taken into account in the setting up of a mutual risk fund shall be, in particular, contract costs, administrative costs, and personnel costs. The establishment of a mutual risk fund should not result in any financial imbalances within the producer organisation as regards individual producers.

Notice of duty, reporting obligations, reporting obligations, duty to pay

§ 16. (1) The notification, reporting, reporting and duty obligations shall apply to all recognised producer organisations and to those third parties and subsidiaries who take over the outsourced activities in accordance with Article 5 of this Regulation. .

(2) Producer organisations have entered into the institutions and representatives of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the AMA, the European Community and the European Court of Auditors (audit institutions). Allow business and storage rooms during the business or operating period (including without prior notice) to be included in the accounting, in the case of automation-assisted accounting at their cost lists with the to print and, where possible, the relevant information to provide books, special records, records and other documents for inspection, to provide information and to provide the necessary assistance.

(3) Recognizing producer organisations or recognised associations of producer organisations, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall, without delay, make any changes to the facts which have led to the recognition of the recognition of the facts. in writing, in particular with regard to the conditions for recognition in accordance with Section 3 (1) or with regard to the provisions of Section 7 (2).

(4) Recognised producer organisations have each year the Federal Minister for Agriculture, Forestry, the Environment and Water Management, using a project to be published by the Federal Ministry for Agriculture, Forestry, the Environment and Water Management To present a report which illustrates its working methods. The annual report shall be submitted in accordance with Article 70 in conjunction with Article 98 of Regulation (EC) No 1580/2007, with the aid applications, by 15 February at the latest. In particular, the report shall contain:

1.		a marketing statistics for the total quantity of products marketed by the producer organisation in the preceding calendar year, for which the producer organisation is recognised, broken down by the individual fruit and vegetable species must be visible,
2.		a production statistic from which the total quantity of products produced during the preceding calendar year by the producers belonging to the producer organisation, for which the producer organisation is recognised, broken down by the individual producer organisation Fruit or vegetables and countries must be visible,
3.		price statistics showing the average gross sales revenue for each fruit or vegetable year preceding the previous calendar year and the average price paid to producers,
4.		details of the quantities of each fruit or vegetable species not sold through the producer organisation by the producers empowered by the producer organisation,
5.		the presentation of any changes relating to the conditions referred to in Article 3 (1) and
6.		a presentation of the implementation of the provisions within the meaning of Section 3 (1).

(5) Producer organisations shall communicate to AMA each year the information required under the provisions of the EU Regulations referred to in Article 1. This has to be guided by the communications to the Federal Minister for Agriculture, Forestry, Environment and Water Management.

Withdrawal of recognition

§ 17. Recognition shall be withdrawn from a recognised producer organisation or association of producer organisations if the conditions for recognition are no longer met.

Final destination

§ 18. This Regulation shall enter into force with the day following its presentation in the Federal Law Gazans.

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