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Change Of The Market Organisation Act 2007 - Mog 2007 And Wrap Reconciliation Act

Original Language Title: Änderung des Marktordnungsgesetzes 2007 - MOG 2007 und des Marktordnungs-Überleitungsgesetzes

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72. Federal Act amending the Law on the Rules of Procedure 2007-MOG 2007 and the Law on the Law of the Market.

The National Council has decided:

Article 1

The Market Order Law 2007-MOG 2007, BGBl. I n ° 55 in the version of the 1. Federal Constitutional Law Unification Act, BGBl. I n ° 2/2008, shall be amended as follows:

1. § 7 (1) Z 9 reads:

" 9.

Aid to producer organisations in the context of the implementation of operational programmes, including crisis prevention and crisis management measures, "

2. § 7 (1) Z 14 and 15 are:

" 14.

Remuneration for the tasks of production and rodungspremia and

15.

other benefits and support programmes "

3. § 7 (2) reads:

" (2) In the regulations referred to in paragraph 1, where this is provided for in the provisions of the Community rules on the organisation of the market, prices may also be imposed where this is necessary in order to ensure the purpose of the measure. The pricing shall be made subject to the costs incurred and the purpose of the measure. Similarly, the criteria necessary for the recognition of producer organisations and inter-branch organisations and their associations, the products or groups of products to be included in the production and the production of products may be subject to the same conditions as those for production and production. the market conditions of the sectors concerned. In addition, the economic districts, the national framework and the national strategy for operational programmes, as well as the binding prescriptions of certain rules for non-affiliated producers, individual undertakings or groupings, may be established. "

4. In accordance with § 7 (2), the following paragraphs 3 and 4 are added:

(3) The aid for the supply of milk products to pupils under Article 102 of Regulation (EC) No 1234/2007, OJ L 327, 31.12.2007, p. No. OJ L 299, 16.11.2007, p.1 can be granted to the supplier. In the same way, an additional national aid for the supply of milk products to pupils may be granted from the funds of the surplus levy not paid to the EAGF pursuant to Article 78 (2) of Regulation (EC) No 1234/2007.

(4) In the regulations referred to in paragraph 1, applications may be refused in connection with the use of the grubbing-up scheme in vines where the combined area has reached 8% of the national area or 10% of a given region, and Mines in mountainous areas and steep slopes, as well as areas where the application of the scheme would be incompatible with environmental concerns, are excluded from the grubbing-up scheme. Similarly, the design and technical implementation of the support programmes may be determined or limited in so far as they are determined, determined or limited in the underlying rules of the Community's right of market organisation. "

5. In § 8 paragraph 2 Z 10 the phrase "in application year 2008" through the phrase "in the application years 2008 and 2009" replaced.

6. § 8 (2) the following Z 12 is added:

" 12.

Until 31 December 2010, the areas notified under Article 44 (3) of Regulation (EC) No 1782/2003 shall not apply to the production of products of the fruit and vegetable sector or of food potatoes or to the holding of a nursery school (Art. The second subparagraph is lit. (a) to (c) of Regulation (EC) No 1782/2003), with the exception of the cultivation of secondary crops. Similarly, by 31 December 2010, no reference amount shall be fixed for areas used in the application of Annex VII, Section M (3), second sentence, of Regulation (EC) No 1782/2003. "

7. § 8 (3) the following Z 5 is added:

" 5.

In the area of aid for energy crops and the use of decommissioning areas for the production of raw materials, regulation

a)

certain products or crops are excluded if their inclusion presents difficulties with regard to control, public health, the environment or criminal law, or where such products or crops are subject to a minor Yield;

b)

certain raw materials shall be approved for use on the farm, provided that all appropriate control measures are complied with. "

8. In Article 12 (1), the following sentence is added:

"In particular, within the limits laid down in Community rules on the right to the market, there may be scope limits for the non-application of the reductions and the provision of sanctions for minor infringements."

9. In accordance with § 26, the following § 26a and heading is inserted:

" Publication of information

§ 26a. (1) The publication of information pursuant to Art. 44a of Regulation (EC) No 1290/2005 and Regulation (EC) No 259/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 1290/2005 as regards the publication of information on the beneficiaries of funds from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), OJ C 327, 28.4.2002, p. No. 28. is to be carried out by the AMA.

(2) The information to be published may also contain the measures for which the respective recipient has received funds as further information.

(3) The customs office of Salzburg paying agency for export refunds has the data with the information to be published concerning export refunds in accordance with Part III, Chapter III, Section II of Regulation (EC) No 1234/2007, on a common export refund system. Organisation of agricultural markets and specific provisions for certain agricultural products (Single CMO Regulation), OJ L 327, 31.12.2002, p. No. OJ L 299, 16.11.2007, p.

(4) The publication of expenditure incurred starting with the financial year 2008 shall be published in each case up to 30 April of the next financial year. For the expenditure incurred in the financial year 2007 from EAGF and EAFRD appropriations, the publication shall be published by 30 September 2008 at the latest.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in agreement with the Federal Minister for Finance, in agreement with the Federal Minister for Finance, lay down detailed rules to the extent that this is the case with technical Processing is necessary or necessary. "

10. In § 32 (3), the following sentence is added:

" The Regulation to be adopted for the implementation of compulsory measures in accordance with Article 11 in the field of identification and registration of bovine animals shall enter into force with 1. Jänner 2008 and the Regulation to be adopted for the implementation of Community market measures in the wine sector pursuant to § 7 (1) and (4) shall enter into force on 1 August 2008. "

11. § 35 together with headline reads:

" Enforcement

§ 35. The following shall be entrusted with the task of enforcement:

1.

the Federal Government in respect of § 1,

2.

the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister of Finance, with regard to § 15 (4), § 18 (2), § 25, § 26a (3) and § 31,

3.

the Federal Minister of Finance with regard to § 6 (3) and § 29 and

4.

the Federal Minister for Agriculture, Forestry, the Environment and Water Management with regard to the other provisions. "

Article 2

The Federal Act, with the decrees adopted under Section F of the 1985 Act on the Law of the Market, is to be brought into law (market order transfer law), Federal Law Gazette (BGBl). I No 55/2007, is amended as follows:

1. In § 1 (2), Z 1, 2, 4, 5, 8 to 19, 21, 22, 24, 26 and 27 shall be deleted.

2. In § 1, the previous paragraphs 3 and 4 receive the sales designations "(4)" and "(8)".

3. § 1 (3) (new) reads:

" (3) The Regulation of the Federal Minister for Agriculture and Forestry on the identification and registration of bovine animals (cattle labelling regulation 1998), BGBl. II No 408/1997, as last amended by BGBl. II No 489/2006, shall remain in force until 31 December 2007 as federal law. This Regulation shall continue to apply to situations which have been carried out by 31 December 2007. "

4. According to § 1 (4) (new) the following paragraphs 5 to 7 are supplemented:

" (5) Until June 30, 2008, federal laws remain in force:

1.

Regulation of the Federal Minister of Agriculture and Forestry on the granting of allowances for the collection of fresh fruit and vegetables from the trade (Fruit And Vegetables Remuneration Ordinance), BGBl. II No 243/1997,

2.

Regulation of the Federal Minister for Agriculture and Forestry on the Intervention of Butter and Rahm as well as for the Determination of Butterfly Quality (Intervention Butter Regulation 1998), BGBl. II No. 270, in the version BGBl. II No 90/2000,

3.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the granting of production refunds for the use of starch and sugar (starch/sugar production equipment regulation 2002), BGBl. II No 419,

4.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on producer organisations for fruit and vegetables and on associations of producer organisations for fruit and vegetables, BGBl. II No 70/2004, as last amended by BGBl. II No 214/2006,

5.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the payment of aid for starch potatoes and a premium for potato starch (starch potato aid and potato starch premia-Regulation 2004), BGBl. II no. 174, in the version BGBl. II No 106/2005,

6.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on sales measures for cream, butter and butterfat (Butterabsatz-Ordinance), BGBl. II No 407/2005,

7.

Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the implementation of the Sugar Market Regulations, the temporary aid granted to Austria and transitional measures (sugar market regulation implementing regulation 2006- ZMODV), BGBl. II No 257/2006, and

8.

Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, laying down detailed rules for the application of preferential sugar imports, the trade in third country sugar, the LDC sugar imports, the order of the internal market and the Quota system for sugar, as well as non-quota production in the sugar sector (sugar market regulation 2006-ZuckerMV), BGBl. II No 429/2006.

These provisions shall continue to apply to situations which have been carried out by 30 June 2008.

(6) Until July 31, 2008, federal laws shall remain in force:

1.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the reservation of payment of payments in the area of the common organisation of the market in wine, BGBl. II No 394/2002,

2.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the technical testing service of the paying agent in the wine sector established at AMA, BGBl. II No 242/2003, as amended by the BGBl version. II n ° 39/2004, and

3.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the implementation of Community market planning measures in the BGBl wine-growing sector. II No 98/2005, in the version BGBl. II No 154/2007.

Those provisions shall continue to apply to those measures which may be taken before 1 August 2008 or which have been taken by the producers.

(7) Until August 31, 2008, federal laws shall remain in force:

1.

Regulation of the Federal Minister for Agriculture and Forestry on the granting of aid for skimmed milk processed into casein and caseinates (Kasein-subsidy-regulation), BGBl. No 1065/1994, as last amended by BGBl. II No 327/1998,

2.

Regulation of the Federal Minister of Agriculture and Forestry on the use of casein and caseinates for the production of cheese and cheese products (Kasein-Use Regulation), BGBl. No 1066/1994,

3.

Ordinance of the Federal Minister of Agriculture and Forestry on the private storage of storable cheeses, BGBl. No 316/1995, as last amended by BGBl. II No 337/2004,

4.

Regulation of the Federal Minister of Agriculture and Forestry on the recognition of producer organisations for fishery products, BGBl. No 455/1995, as amended by BGBl. II No 223/1998,

5.

Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the granting of aid for skimmed milk and skimmed-milk powder for feed (skimmed milk aid-Regulation 2000), BGBl. II No 236,

6.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on reporting obligations in the dairy industry (milk reporting regulation 2001), BGBl. II No 241, in the version BGBl. II No 154/2005,

7.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the public storage of skimmed-milk powder (MMP-Ordinance 2001), BGBl. II No 406,

8.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the import of hemp from third countries, BGBl. II No 179/2002 and

9.

Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management for the implementation of the intervention of cereals (grain intervention regulation 2004), BGBl. II No 412, in the version BGBl. II No 50/2006.

These provisions shall continue to apply to situations which have been carried out by 31 August 2008. "

5. In Section 5 (2), the following sentence shall be inserted as the penultimate sentence:

" Where a hardship affects the entire reference period referred to in Article 37 of Regulation (EC) No 1782/2003, the year 2003 and also the period referred to in Article 40 (2) of Regulation (EC) No 1782/2003, the allocation of payment entitlements shall take place pro (ha) eligible area, which is registered in the joint application immediately following the year after the end of the hardship case, and in the extent of the regional average.

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