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Zuckermarktordnungs - Implementing Regulation 2008 - Zmodv 2008

Original Language Title: Zuckermarktordnungs-Durchführungsverordnung 2008 – ZMODV 2008

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232. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the implementation of the sugar market order (sugar market regulation implementing regulation 2008-ZMODV 2008)

On the basis of § § 10, 11, 13, 22, 23, 24, 26, 28 and 30 of the Market Order Act 2007-MOG 2007, BGBl. I n ° 55, as last amended by the Federal Law BGBl. I No 72/2008 shall be assigned:

1. Main item

Introductory provisions

Scope

§ 1. This Regulation shall be used for

1.

Regulation (EC) No 318/2006 on the common organisation of the markets in the sugar sector, OJ L 327, 31.12. No. 1, as last amended by Regulation (EC) No 1260/2007, OJ L 327, 28.12.2007, p. No. 1, as of 1.10.2008, as amended by Regulation (EC) No 1234/2007, OJ L 327, 30.12.2007, p. No. OJ L 299, 16.11.2007, p.

2.

Regulation (EC) No 950/2006 laying down detailed rules for the application of the import and refining of sugar products under certain tariff quotas and preferential agreements for the marketing years 2006/2007, 2007/2008 and 2008/2009, OJ L 210, 31.7.2006, p. No. 1), as last amended by Regulation (EC) No 371/2007, OJ L 327, 30.12.2007, p. No. OJ L 92, 3.4.2007, p. 6,

3.

Regulation (EC) No 951/2006 laying down detailed rules for the application of Regulation (EC) No 318/2006 for the sugar trade with third countries, OJ L 327, 31.12.2006, p. No. OJ L 178 of 1.07.2006 p. 24, as last amended by Regulation (EC) No 1568/2007, OJ L 327, 30.12.2007, p. No. OJ L 340, 22.12.2007, p. 62,

4.

Regulation (EC) No 952/2006 laying down detailed rules for the application of Regulation (EC) No 318/2006 as regards the internal market regulation and the quota system for sugar, OJ L 327, 30.12.2006, p. No. 39), as last amended by Regulation (EC) No 551/2007, OJ L 327, 30.12.2007, p. No. OJ L 131, 23.05.2007 p. 7,

5.

Regulation (EC) No 967/2006 laying down detailed rules for the application of Regulation (EC) No 318/2006 as regards non-quota production in the sugar sector, OJ L 327, 30.12.2006, p. No. OJ L 176 of 30.06.2006 p. 22, as last amended by Regulation (EC) No 1913/2006, OJ L 327, 30.12.2006, p. No. OJ L 365, 21.12.2006, p.

6.

Regulation (EC) No 1100/2006 laying down the rules for the opening and administration of tariff quotas for raw cane sugar intended for refining, originating in the least developed countries, and laying down the rules applicable to the Imports of goods falling within tariff heading 1701 originating in the least developed countries for the marketing years 2006/2007, 2007/2008 and 2008/2009, OJ L 327, 31.12.2008, p. No. OJ L 196 of 18.07.2006 p. 3.

Responsibility

§ 2. (1) For the enforcement of § § 15, 17, 18, 19, 32 and 33 of this Regulation the Federal Minister for Agriculture, Forestry, Environment and Water Management is responsible.

(2) The market organisation "Agrarmarkt Austria" (AMA) shall be responsible for the enforcement of the other provisions of this Regulation.

2. Main piece

Implementation of the sugar regime

Section 1

General provisions

Definition

§ 3. For the purposes of this Regulation, manufacturing operations shall be understood as meaning a plant intended for the manufacture of sugar and intended for production. It covers all the rooms belonging to each other, in which the facilities for the production, processing, packaging and repackaging of sugar, the storage facilities for raw materials, intermediate products and finished products, which are part of the Loading facilities, the workshops for maintenance of the plant and the administration are located. In addition, the spaces, areas, pipelines and fixed transport systems that connect these spaces together, as well as the areas adjacent thereto, insofar as they are used for operational purposes.

Granting of authorisation

§ 4. (1) AMA grants the authorisation pursuant to Article 17 (1) of Regulation (EC) No 318/2006 in conjunction with Article 7 (1) of Regulation (EC) No 952/2006, and pursuant to Article 17 (1) of Regulation (EC) No 318/2006, in conjunction with Article 5 (1) of the Regulation (EC) No 318/2006. Regulation (EC) No 967/2006, upon written request.

(2) It shall take the necessary measures in accordance with Article 5 (2) of the latter Regulation.

(3) The proof referred to in Article 17 (1a) of Regulation (EC) No 318/2006 shall be furnished by appropriate documents.

(4) The obligation to provide information pursuant to Article 17 (2) of Regulation (EC) No 318/2006 concerns only undertakings which are authorised to produce sugar in accordance with paragraph 1 of this Article.

Withdrawal of authorisation

§ 5. The AMA dismises the authorisation pursuant to Article 8 (3) of Regulation (EC) No 952/2006, as well as pursuant to Article 5 (3) and Article 9 (4) in conjunction with Article 13 (1) of Regulation (EC) No 967/2006.

Determination of sugar production

§ 6. The AMA shall issue a notice of determination both on the provisional and on the final sugar production of the sugar-producing undertaking for the respective marketing year. In these findings, transfers within the meaning of section 26 (1) must be taken into account, and the information provided by the sugar-producing company shall be indicated on the provisional and on the final sugar production in accordance with Article 13 (1).

Setting of levies and other cash benefits

§ 7. (1) The AMA shall:

1.

the quantity of products referred to in Article 15 (1) and the amount of the surplus amount referred to in Article 15 (3) of Regulation (EC) No 318/2006, in conjunction with Article 3 (2) of Regulation (EC) No 967/2006,

2.

as from the 2007/2008 marketing year, in accordance with Article 16 of Regulation (EC) No 318/2006, in conjunction with Article 20a of Regulation (EC) No 952/2006, a production levy on the sugar quota for which the authorised sugar-producing company is to be ,

3.

the payment of penalties in accordance with Article 11 (1) of Regulation (EC) No 952/2006,

4.

the fine and the flat-rate quantity of the final product in accordance with Article 11 (2) of Regulation (EC) No 952/2006,

5.

in the event of non-application of the proof referred to in Article 9 (2) of Regulation (EC) No 967/2006, the Amount pursuant to Article 9 (3) of this Regulation according to the Federal Tax Code-BAO, BGBl. No 194/1961,

6.

the amount of the money referred to in Article 13 (1) of Regulation (EC) No 967/2006, in accordance with the Federal Tax Code (BAO), Federal Law Gazette (BGBl). No 194/1961,

7.

the temporary restructuring amount for sugar referred to in Article 11 (5) of Regulation (EC) No 320/2006, as well as the payment dates in accordance with the Federal Tax Code (BAO), BGBl. No 194/1961

in a modest way.

(2) The amounts to be paid pursuant to paragraph 1 shall not be subject to a payment delay.

Manufacture of sugar within the framework of works contracts

§ 8. (1) If, under the conditions laid down in Article 6 (3) of Regulation (EC) No 952/2006, sugar produced in the context of a contract of work is to be attributed to the production of the sugar-producing undertaking as a contracting entity, this shall be without delay, In any case, however, to apply in writing to AMA after conclusion of the contract It shall be documented by means of appropriate documents that one of the conditions laid down in Article 6 (3) is fulfilled.

(2) The AMA shall make a decision on such a request. The application shall be accepted if one of the conditions laid down in Article 6 (3) of Regulation (EC) No 952 /2006 is fulfilled.

(3) The manufacture of sugar before the grant of the modest consent is inadmissible.

(4) A case of force majeure referred to in Regulation (EC) No 952/2006 shall be submitted in writing to the AMA. The AMA decides on this.

Recording requirements

§ 9. (1) The sugar-producing company has records of:

1.

the supply and discharge of sugar and of sugar syrups,

2.

the nature, quantity and sugar content of the starting materials incorporated and processed into the holding,

3.

the nature, quantity and sugar content of the sugar actually produced;

4.

the wireings, and

5.

the sugar content of the finished products

,

(2) The records shall be kept daily.

(3) The wireings referred to in paragraph 1 Z 4 shall be carried out on calibrated scales.

Directories

§ 10. (1) Any sugar-producing undertaking authorised in accordance with § 4 shall have lists pursuant to Article 9 of Regulation (EC) No 952/2006.

(2) Each of the processors authorised in accordance with § 4 shall have lists pursuant to Article 11 of Regulation (EC) No 967/2006.

(3) The entries in the directories referred to in paragraphs 1 and 2 shall be made on a daily basis. However, the AMA may grant longer recording periods upon request, provided that the readability of the delivery and processing operations is ensured. Authorised undertakings shall be authorised to carry out such lists electronically, provided that the expression of the records at any time can be ensured.

(4) The records shall be kept for a period of seven years from the date of the recording of the recording in accordance with § 212 UGB.

(5) The AMA may require authorised undertakings to carry out further documentation.

Operating conditions

§ 11. (1) A company producing sugar in Austria shall immediately notify the AMA in writing of the respective manufacturing plants and the storage facilities without production operations, in the case of first-time operating conditions.

(2) This display is both the location plans of the operating and storage rooms in which the raw materials are processed, or the intermediate and finished products, as well as back goods, shall be stored for each production plant and the plans for each storage facility shall be connected without production operations. The storage spaces for finished products must be so located and furnished that sugar can be stored and dumped in a clear manner and that any control of sugar stocks is guaranteed.

(3) Changes in the operating conditions indicated, in particular the re-establishment of storage facilities, the conversion of or the extension to existing storage and production facilities, any change of ownership of a manufacturing plant, as well as storage facilities without production must be notified to the AMA in writing within 14 days of the change.

(4) In the case of storage of sugar in places which are not part of the manufacturing plant or the storage sites indicated in paragraph 1 shall include the estimated duration, quantity and location in time prior to AMA's scheduled storage in writing, and shall be accompanied, if any, in the case of documents, Teach.

(5) This obligation to notify does not apply to swaps of sugar and syrup quantities for the purpose of packaging or repackaging. In this case, the AMA shall, at the request of the AMA, immediately inform the appropriate storage locations, the quantities of sugar and syrup stored, and the respective purpose of the offloading.

(6) On the basis of the quantities of sugar and syrup stored in accordance with paragraph 4, as well as the quantities of sugar and syrup stored in accordance with paragraph 5, detailed records relating to changes in stocks shall be kept.

Inventory Survey

§ 12. (1) In accordance with the principles of proper accounting, the sugar-producing company shall keep and document its sugar stocks on an ongoing basis.

(2) The sugar-producing company shall be responsible for each of its manufacturing plants and for each of its respective storage sites without production operations once a year, on a date which shall itself be determined and known to the AMA, which shall be: respective manufacturing operations and/or to include the stocks of sugar present at the respective storage site without production operations and to inform AMA in writing of any changes in stock within four weeks of the AMA.

(3) The date of the inventory shall be reported to the AMA no later than two weeks before the date of receipt of the inventory. The AMA can take part in such an inventory.

Sugar production

§ 13. (1) The sugar-producing company has the AMA

1.

the provisional sugar production of the current marketing year up to 31 December 2007. Jänner of each year, and

2.

the final sugar production of the previous marketing year up to 20. October of each year in writing.

(2) The indications referred to in paragraph 1 are to be reimbursed separately from the manufacturing establishments and, in summary, each sugar producing undertaking, using the forms provided for by the AMA.

Communications on production and stocks

§ 14. (1) The quantities of sugar and syrup referred to in Article 21 (1) of Regulation (EC) No 952/2006 shall be notified to AMA in writing, by means of a form, together with the documentation concerned.

(2) Where sugar and syrup are stored outside of Austria, the corresponding quantities shall be listed separately under the exact designation of the type of sugar or syrup, as well as the exact location of the storage.

Industry Agreement

§ 15. (1) The conclusion of an industry agreement and any modification shall be notified immediately to the Federal Ministry for Agriculture, Forestry, Environment and Water Management in writing.

(2) The ad referred to in paragraph 1 shall be accompanied by a copy of the relevant industry agreement.

(3) A derogation from the industry agreement of Art. 6 (3), (4) and (5) of Regulation (EC) No 318/2006, or from one of these paragraphs, requires the written consent of the Federal Ministry for Agriculture, Forestry, Environment and Water Management.

(4) The AMA shall be immediately informed by the Federal Ministry of Agriculture, Forestry, Environment and Water Management of a notification pursuant to paragraph 1 above and of a decision pursuant to paragraph 3.

Control of minimum prices

§ 16. (1) The sugar-producing company shall forward to the AMA each year by 15 May a data record with all the supply contracts concluded for the following marketing year.

(2) In addition, by 31 March each year, the AMA shall, in particular, provide the following data for the current marketing year:

1.

the quantity of sugar beet actually delivered per supply contract; and

2.

the average sugar content of these beet.

Section 2

Specific provisions for quota sugar production

Allocation of quota

§ 17. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall notify the quota for the production of sugar in accordance with Article 7 of Regulation (EC) No 318/2006 in a modest manner.

(2) The AMA shall be immediately informed thereof.

Adjustment of the quota and percentage

§ 18. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall adjust the quota in accordance with Article 10 (1), as well as the percentage and the quota in accordance with Article 10 (2) of Regulation (EC) No 318/2006.

(2) The AMA shall be immediately informed thereof.

Withdrawal of sugar

§ 19. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall fix the threshold in accordance with the provisions of Article 19 (2), first or second subparagraph of Regulation (EC) No 318/2006.

(2) If the coefficient is adjusted in accordance with the second subparagraph of Article 19 (2) of Regulation (EC) No 318/2006, the threshold referred to in paragraph 1 shall be adjusted accordingly.

(3) The AMA shall be informed without delay.

(4) In the case referred to in Article 19a (1) of Regulation (EC) No 318/2006, the percentage of the withdrawal percentage and the quantities of sugar corresponding to the application of that percentage to the production of sugar quota shall be the percentage of the sugar quota companies. to communicate with them.

Section 3

Specific provisions for non-quota sugar production

Delivery Contract

§ 20. The AMA must be sent a copy of each supply contract in accordance with Art. 6 (4) of Regulation (EC) No 967/2006.

Equivalency

§ 21. (1) AMA shall take a decision on an application pursuant to Article 7 (3) of Regulation (EC) No 967/2006.

(2) In the application, the quantity to be booked as an industrial raw material must be shown in detail.

(3) AMA coordinates the controls and monitoring of these operations.

Supply of raw materials

§ 22. The quantities of raw materials referred to in Article 8 of Regulation (EC) No 967/2006 shall be notified to the AMA in writing by means of a form.

Obligations of the processor

§ 23. The proof referred to in Article 9 (2) of Regulation (EC) No 967/2006 is to be provided to the AMA. To this end, the AMA shall have a form to be set up.

Control of processors

§ 24. (1) The AMA shall, in accordance with Article 12 (2) of Regulation (EC) No 967/2006, draw samples to the extent necessary.

(2) The costs for the analysis of these patterns shall be borne by the processor concerned.

(3) In the case of automation-assisted accounting, the institutions and agents of AMA are entitled to demand the printout of the necessary data or combinations thereof without entitlement to cost replacement.

Transfer of sugar

§ 25. (1) A transfer of surplus sugar in accordance with Article 14 of Regulation (EC) No 318/2006 shall be indicated to AMA by means of a form before 15 April of the current marketing year. A display can take place at the earliest after production of the quantity of sugar to be transferred.

(2) The transferring undertaking shall undertake to store the quantity of sugar transferred to the AMA on its own account by the end of the current marketing year by means of a form.

(3) If there is a retroactive correction of the quantity transferred in accordance with Article 14 (3) of Regulation (EC) No 318/2006, the adjusted quantity of AMA shall be up to the 31 following the entry of the transmission indicator. October 2008.

(4) The AMA has to examine the admissibility of a transfer pursuant to paragraph 1, as well as a correction pursuant to paragraph 3, and to agree with it.

Surpluses subject to surcharge

§ 26. The sugar-producing undertaking shall notify the AMA in writing of the quantity of sugar produced beyond its production quota and, where appropriate, the adjustments to that production in accordance with Article 4 (2) of Regulation (EC) No 967/2006.

Section 4

Preferential sugar imports

Import licences

§ 27. The AMA must be informed immediately in writing of the transfer of an import licence pursuant to Article 6 (4) of Regulation (EC) No 950/2006.

ACP sugar

§ 28. (1) The AMA shall be

1.

in the context of sugar imports, in accordance with Article 17 (3) of Regulation (EC) No 950/2006, both the delivery period and the quantities of imports,

2.

in the context of supplementary sugar imports, in accordance with Article 22 (2) of Regulation (EC) No 950/2006, the additional quantities of imports

.

(2) The AMA is to be submitted in each case a copy of the supplementary document pursuant to Art. 17 (3) or Article 22 (2) of Regulation (EC) No 950/2006.

Indian sugar

§ 29. (1) The AMA shall be

1.

in the context of sugar imports, in accordance with Article 18 (4) of Regulation (EC) No 950/2006, both the delivery period and the quantities of imports,

2.

in the context of supplementary sugar imports, in accordance with Article 23 (3) of Regulation (EC) No 950/2006, the additional quantities of imports

.

(2) The AMA is to be submitted in each case a copy of the supplementary document pursuant to Art. 18 (4) or Article 23 (3) of Regulation (EC) No 950/2006.

Sugar concessions CXL

§ 30. The AMA must be notified of the quantities of imports in the context of the imports of sugar under Article 26 (3) of Regulation (EC) No 950/2006, and shall be sent a copy of the supplementary document.

Sugar imports from the LDCs

§ 31. In the case of release for free circulation in Austria, the AMA must be sent a copy of the supplementary document in accordance with Article 9 (3) of Regulation (EC) No 1100/2006.

Section 5

Third country sugar trade

Calculation of cif prices for white sugar and raw sugar

§ 32. Economic operators approved in accordance with Article 4 of this Regulation, as well as other market participants, to the extent that they are regularly involved as importers with the import of sugar, have the Federal Ministry for Agriculture, Forestry, Environment and Water management up to the 13th to transmit the information available to them in accordance with Article 23 of Regulation (EC) No 951/2006 each month.

Determination of the standard quality and calculation of the cif price for molasses

§ 33. Economic operators approved in accordance with Article 4 of this Regulation, as well as other market participants, to the extent that they are regularly involved as importers with the import of molasses, have the Federal Ministry for Agriculture, Forestry, Environment and Water management up to the 13th to transmit the information available to them in accordance with Article 29 of Regulation (EC) No 951/2006 each month.

3. Main piece

Final provisions

Special supervision

§ 34. (1) A sugar producing company shall be subject to the special supervision of the AMA. This includes both the manufacturing plants and the storage facilities without production operations.

(2) The special supervision shall be a reporting system designed to ensure that AMA is in control at all times. In order to exercise special supervision, the institutions and representatives of the AMA shall, in particular, be entitled to:

1.

in the production and storage facilities without production operations during their business hours, and to require all information necessary for their inspection activities,

2.

to determine the supply and exit of sugar and the stocks of sugar and the products produced therefrom or the use thereof,

3.

from the products referred to in paragraph 2, without replacement of the cost, to the extent necessary;

4.

in books and records, which are conducted on the basis of statutory provisions or without a legal obligation, and in the documents relating to the books and records, and other documents relating to the books and records, to be viewed by , as well as

5.

to demand automatic accounting for the printout of the required data or of constellations of the same without entitlement to cost replacement.

Retention period

§ 35. All data relevant to the determination of the duties referred to in this Regulation shall be recorded, duly recorded and concluded in the context of commercial accounting, and the data referred to in this Regulation shall be included in this Regulation, as shall the Documents and business documents according to § 212 of the German Commercial Code (UGB) seven years from the end of the marketing year to which they are to be retained, unless longer periods of retention exist in accordance with other legislation.

Criminal provisions

§ 36. (1) An administrative surrender within the meaning of Section 30 (2) of the MOG 2007 shall in particular take into account who does not or does not reimburse a notification or advertisement provided for in this Regulation in good time.

(2) Administrative authorities shall inform AMA of the outcome of the criminal proceedings pending before them pursuant to this Regulation.

Final provisions

§ 37. This Regulation shall apply from 1 July 2008.

Pröll