31. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on compliance with other obligations and on the integrated administration and control system in the area of direct payments (INVEKOS-Implementation Regulation 2008)

On the basis of § § 6 para. 2, 12, 22, 27 and 28 of the Market Order Act 2007 (MOG 2007), BGBl. I n ° 55, shall be assigned:

Section 1

General

Scope

§ 1. This Regulation shall be used for

1.		of Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001, OJ L 145, 31.5.2001, p. No. OJ L 270, 21.10.2003, p.1,
2.		of Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and with certain provisions Support schemes for farmers, OJ C 139, 30.4.2004, p. No. OJ L 141, 30.4.2004, p. 1,
3.		of Regulation (EC) No 796/2004 laying down detailed rules for the application of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for Direct payments under the common agricultural policy and with certain support schemes for farmers, OJ L 327, 30.4.2002, p. No. 18., as amended by the corrigendum OJ L 141, 30.4.2004, p. No. OJ L 291, 14.9.2004, p.18,
4.		of Regulation (EC) No 1973/2004 laying down detailed rules for the implementation of Council Regulation (EC) No 1782/2003 as regards the support schemes referred to in Title IV and IVa of the Regulation and the use of decommissioning areas for the production of Raw materials, OJ No. OJ L 345, 20.11.2004, p.1 and
5.		other acts of the Council of the European Union and of the Commission of the European Communities, on the basis of which the application of the integrated administration and control system is possible, provided that the relevant national provisions nothing else is provided for.

Responsibility

§ 2. (1) Unless otherwise specified in the following paragraphs, the market organisation "Agrarmarkt Austria" (AMA) shall be responsible for the enforcement of the acts referred to in § 1.

(2) In relation to the other obligations, the following shall be responsible:

1.		the AMA for control
a)			compliance with the basic requirements laid down in Regulation (EC) No 1782/2003 Annex III
aa)				No. 1 to 9,
bb)				No 11-as far as plant protection products and biocides are concerned,
cc)				No 12-in so far as it concerns the application of Article 15 of Regulation (EC) No 999/2002, and
b)			compliance with the good agricultural and environmental condition in accordance with § 5;
2.		the Governor of the State for the control of compliance with the basic requirements laid down in Regulation (EC) No 1782/2003 Annex III
a)			No. 10,
b)			No 11-with the exception of the control of the records of plant protection products and the control of the application and records of biocides,
c)			No 12-as far as the application of Articles 7, 11, 12 and 13 of Regulation (EC) No 999/2002 is concerned-and
d)			Nos. 13 to 15;
		the Governor of the State may also use other authorized bodies or departments to carry out such checks;
3.		the authority pursuant to Section 33 (1) of the Animal Protection Act, BGBl. I No 118/2004, for the checks on the basic requirements laid down in Regulation (EC) No 1782/2003, Annex III, Nos 16 to 18.

(3) In the case of the Chamber of Agriculture responsible for the registered office of the holder of the holding at the district level, the following must be submitted:

1.		The collection request,
2.		the application for product-specific aid and other direct payments, with the exception of applications for suckler cow premium and slaughter premium,
3.		Show or request transfers and
4.		Proof of compliance with the quality criteria required for milk and/or meat performance testing in accordance with § 13 (5) of the CAP aid regulation 2008.
In federal states, where there is no agricultural chamber at the county level, the country's agricultural chambers are responsible for their position.

(4) By way of derogation from paragraph 3, applications submitted in the course of automation-assisted data processing shall be submitted to the AMA.

(5) The days of the post shall be included in the time limit. For the period of validity, the entry into the Chamber of Agriculture in accordance with paragraph 3 and in the case of the application for the suckler cow premium and the slaughter premium shall be relevant for the AMA.

Section 2

Application

Collection Application

§ 3. (1) The collective application (multiple traits) shall be submitted by all farmers who receive direct payments. The application for a collection must be submitted for the respective calendar year up to 15 May, using a form to be provided by the AMA. At the same time, the applicant must provide all the evidence required for the completion of his application. The relevant documents must be attached to the respective application. In addition to the information required in the acts referred to in § 1, the application shall contain the following information:

1.		name/company name, date of birth and address of the applicant,
2.		operational number; if the applicant has a number of operating numbers, he shall indicate the principal operating number;
3.		Bank account and name account at a credit institution,
4.		Indication of the areas, separated after their use as
a)			Arable land, except for those areas for which a separate use according to lit. (c) to (o) be indicated;
b)			Permanent pasture land,
c)			fibre flax surfaces,
d)			slopes, including the indication of the variety and the indication of the quantity of seed per hectare;
e)			Durum wheat areas for which the specific quality premium for durum wheat is requested in accordance with Article 72 of Regulation (EC) No 1782/2003;
f)			Protein crops for which the protein crop premium is requested in accordance with Article 76 of Regulation (EC) No 1782/2003;
g)			Nut areas for which the area payment for nuts is requested in accordance with Article 83 of Regulation (EC) No 1782/2003;
h)			Energy crops for which the aid for energy crops is requested in accordance with Article 88 of Regulation (EC) No 1782/2003;
i)			Starch potatoes for which the aid for starch potatoes is requested in accordance with Article 93 of Regulation (EC) No 1782/2003;
j)			Hops areas for which payment for hops is requested in accordance with Article 68a of Regulation (EC) No 1782/2003;
k)			tobacco plant areas,
l)			Decommissioning areas, which are referred to in Article 56 or Article 55 lit. (b) the use of Regulation (EC) No 1782/2003;
m)			Fruit, vegetables and potato areas for which the aid is not requested under Article 93 of Regulation (EC) No 1782/2003,
n)			Areas with multi-annual cultures and other permanent crops as hops,
o)			areas intended for the production of feed intended for drying in accordance with Regulation (EC) No 1786/2003,
p)			areas on which a temporary basic use is made in the public interest;
q)			Areas which are set aside under other measures supported by public funds.

(2) The areas shall be indicated by location and size in ha, with two decimal places, to indicate the catastral community and the land number.

(3) In the case of the cultivation of hemp

1.		the original labels showing the use of certified seed and, if not apparent from the labels, a copy of the invoice document for the purpose of proving the quantity of seed used, to be submitted to the application or, where the sowing after 15 May, to be submitted by 30 June of the application year at the latest; and
2.		in the case of the cultivation of different varieties of hemp on a field piece of sketches, which clearly indicate the position of the varieties of hemp grown, ready to be kept in operation.

(4) If both a decommissioning strike and a stroke with a culture corresponding to that of the decommissioning greening are on a field piece, a sketch showing the respective position of the blows is a sketch of the collection request, .

(5) In the case of the keeping of farm animals other than bovine animals, the list of animals to be listed by the AMA must be attached.

(6) The supplement to the identification of payment entitlements in accordance with Art. 12 (1) (lit). (c) Regulation (EC) No 796/2004 shall only be annexed to the application if payment entitlements are selected in a given order in order to apply (manual application).

Application requirements

§ 4. (1) The minimum operating size shall be 0.3 ha of agricultural land. A farmer may fall below this minimum operating size if only

1.		has a payment claim pursuant to Articles 47 to 49 of Regulation (EC) No 1782/2003, which is subject to special conditions,
2.		for the suckler cow premium in accordance with § 10 of the CAP aid regulation 2008; or
3.		for the slaughter premium in accordance with Article 17 of the CAP aid regulation 2008.

(2) Each eligible area shall be at least 0.10 ha or a field of land within the meaning of § 3 Z 1 of the INVEKOS-GIS-Regulation, BGBl. II No 335/2004 as last amended by BGBl. I n ° 55/2007, be surrounded by unchanging frontiers.

(3) In regions where certain characteristics are traditionally part of good agricultural cultivation and use practices, the corresponding area shall be considered as part of the fully used area if it does not have a width of two metres exceeds. Landscape features shall then be considered as part of the area actually used if they do not exceed a significant size in relation to the total area of the field, without prejudice to the aid of specific rules.

Section 3

Other obligations

Good agricultural and ecological status and permanent grassland

§ 5. (1) The minimum requirements for good agricultural and environmental condition shall be laid down in the Annex and in paragraphs 2 to 4.

(2) Permanent grassland areas

1.		on slopes with an average slope of 15% or more; or
2.		on edge strips of water in a minimum width
a)			20 m of standing waters with a water surface area of at least 1 ha or
b)			from 10 m to river water (from a sole width of 5 m)
must not be broken.

(3) By way of derogation from paragraph 2 Z 1, the following shall be allowed:

1.		an exchange of permanent pasture land with other agricultural land which does not lead to a reduction in the permanent pasture land area; or
2.		a upheaval of permanent pasture land
a)			for the installation of permanent crops or multi-annual crops, or
b)			a maximum of 0,5 ha per holding, if the permanent pasture of the holding (excluding hatchings, mountain mowers, meadows and alms) is more than 80%.

(4) In the application for the year in question, farmers who break permanent pasture shall have the following information:

1.		an exchange of permanent pasture land with other agricultural land which does not lead to a reduction in permanent pasture land, or
2.		any other upheaval from permanent pasture to other agricultural land.

Alpine areas and new arable land

§ 6. (1) Alpine pastures, which were included in the Almauftrieberlist in 2003, are to be stated in the annual collection application as alpine pastures. An indication as an Alpine area shall not be given if the farmer proves that:

1.		these areas are considered to be forests as a result of natural rejuvenation or afforestation, or
2.		In these areas (parts), agricultural use is not possible due to circumstances due to weather or natural conditions, or due to restrictions on the nature of the agricultural sector.

(2) For arable land which was not included in a multiple application during the previous calendar year, the farmer has to prove that those areas were not used as permanent pasture in 2003. If this proof is not provided, the requirements for the permanent pasture shall apply in respect of these areas, unless there is a case of a grassland dumbard permissible pursuant to section 5 (3) or (4).

Section 4

Hemp

Harvest date, control

§ 7. Hemp may be harvested from the start of flowering and even before the expiry of ten days after flowering, if the farmer concerned has already been inspected in accordance with Article 52 of Regulation (EC) No 1782/2003.

Section 5

Operation transfer

Display period in case of transfers

§ 8. (1) The transferor and the transferee shall, in the course of the competent Chamber of Agriculture of the AMA, indicate the transfer no later than 15 May of the year following the transfer, except for the delay in the reporting of the transfer to circumstances, that are not located in the sphere of influence of the donors and the contractors.

(2) By way of derogation from paragraph 1, in the case of aid measures for rural development aid, in objectively justified cases with a general effect, other measures may be taken.

Aid in the event of transfers of operations

§ 9. (1) Where an operation is transferred, after the submission of an aid application and before all the conditions for the granting of aid are fulfilled, in full with the take-over of all obligations from one farmer to another operator, the following shall be: the aid for the operation transferred shall be granted to the applicant (transferor), provided that all the conditions for the granting of the aid are also fulfilled in the transferred operation.

(2) Section 8 (2) shall apply mutatily.

Special provisions for the slaughter premium

§ 10. By way of derogation from section 9 (1), where an establishment is transferred during the periods referred to in Article 123 of Regulation (EC) No 1973/2004, the premium shall be granted as follows:

1.		the farmer who has kept the animal during the two-month holding period, if the transfer is carried out during the period laid down in Article 123 of Regulation (EC) No 1973/2004, which is prior to slaughter or export,
2.		in the other cases, the contractor.

6.

Common provisions

Recovery

§ 11. (1) The AMA may, by application of Article 73 (8) of Regulation (EC) No 796/2004, be subject to the recovery of an amount per farmer and period of premiums

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.

Minimum amount of aid granted

§ 12. The AMA may disregard the granting of aid

1.		in the case of the initial calculation, if the resulting amount does not exceed ten euros per aid application and measure, or
2.		in the case of recalculation, where the difference between the aid application and the measure resulting from the recalculation shall be disproportionate to the costs incurred and the administrative burden incurred.

Notice of determination

§ 13. The AMA may adopt notice of arrest if a party is responsible for the degree of validity or insecurity of legal relations or of legal facts, such as the existence of one or more establishments, or the existence of Payment claims-danger runs, disadvantages suffer.

Participation obligations

§ 14. The farmer shall have any change leading to the fact that the actual or legal circumstances no longer correspond to his or her statements or explanations, by way of the locally competent agricultural chamber at the district level of the AMA. . The changes shall be notified in writing without delay unless, in accordance with other legislation, a different form or period is required for the notification.

Retention duties

§ 15. The farmer shall, for four years from the end of the calendar year to which they relate, have the application and authorization documents, books, cards and other supporting documents relating to the granting of direct payments, with the remaining documents, books, cards and other documents relating to the granting of direct payments. To keep the care of a prudent businessman, unless otherwise provided for in other regulations.

Disclosure and co-action obligations

§ 16. (1) For the purposes of the review, the holder of the holding shall have the institutions and agents of the Federal Ministry of Agriculture, Forestry, Environment and Water Management, the AMA, the competent authorities pursuant to Section 2 (2), the Court of Auditors, the The European Community and the European Court of Auditors (hereinafter referred to as 'the audit process') shall allow the business and operating rooms and the areas to be entered during business and operating hours or by appointment.

(2) The audit bodies are authorized to inspect the accounts, the inventory and any documents which the testing authorities consider necessary for their examination. In operation, documents necessary for the identification of the areas shall be kept available.

(3) In the course of the examination, a suitable and informed person 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.

(5) In the case of automation-assisted accounting or guidance of other documents, at the expense of the holder of the holding, printouts must be provided with the necessary information at the request of the examiners.

(6) If the farmer has switched on third parties, the provisions of paragraphs 1 to 5 shall also apply to the same.

(7) In the event of the complete or partial transfer of the holding, the duty and cooperation obligations referred to in paragraphs 1 to 6 shall also apply to the successor to the legal successor.

Reporting requirements

§ 17. The AMA shall be informed, in respect of the legal standards referred to in Articles 4 and 5 of Regulation (EC) No 1782/2003, of the following information, which is necessary for the exercise of the tasks assigned to it by law, to be communicated:

1.		From the authorities responsible for the enforcement of the legal standards covered by Articles 4 and 5 of Regulation (EC) No 1782/2003, all the information necessary for the selection of the control sample referred to in Article 45 of Regulation (EC) No 796/2004,
2.		the reports on the checks carried out in accordance with Article 48 of Regulation (EC) No 796/2004 and the inspection bodies referred to in Article 2 (2) (2) (2) (2) and (3) of this Regulation; and
3.		by the courts and by the administrative authorities of the first instance, all information relating to the outcome of criminal proceedings initiated under the law applicable to infringements found on farms, for the purpose of: Assessment of whether sanctions are to be imposed in accordance with Articles 66 and 67 of Regulation (EC) No 796/2004.

Section 7

Final provisions

§ 18. (1) This Regulation shall enter into force on 1 February 2008.

(2) The INVEKOS Implementation Regulation 2005, BGBl. II No 474/2004, as amended by the Law on the Replacement of the Market Rules, BGBl. I n ° 55/2007, remains applicable to situations which are up to 31 December 2007. Jänner 2008.

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