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Agricultural Law Amendment Act 2007

Original Language Title: Agrarrechtsänderungsgesetz 2007

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55. federal law, which enacted a federal law on the implementation of the common market organisations (market order law 2007-MOG 2007) and a market order transfer law, as well as the AMA law 1992, the wine law 1999, which Forestry Act 1975, the Plant Protection Products Act 1997 and the Agricultural Law 1992 (Agricultural Law Amendment Act 2007)

The National Council has decided:

table of contents

Item

Subject matter

1

Law of the Market 2007

2

Regulation of the Market Rules

3

Amendment of the AMA Act 1992

4

Amendment of the Wine Act 1999

5

Amendment of the Forest Act 1975

6

Amendment of the Plant Protection Products Act 1997

7

Amendment of the Agricultural Law 1992

Article 1

Federal Law on the Implementation of the Common Market Organisations (Market Rules Act 2007-MOG 2007)

Section 1

General

Competence base

§ 1. (constitutional provision) The release, amendment and repeal of rules on the implementation of the common market organisations is a federal matter and can be provided directly by federal authorities.

Objectives

§ 2. The aims of this federal law are

1.

ensure the efficient and effective implementation and implementation of the common market organisations in Austria, including the objectives set out in Article 33 of the Treaty, the interests of consumer protection and the requirements of the To take account of the welfare of animals. In particular, in the context of consumer protection, secure information and transparency, as well as protection against deception and breach of competition, the promotion of animal health and protection against communicable diseases, and To include GMO-free food. In the area of animal welfare, particular attention should be paid to the support of animal-friendly forms of farming;

2.

the European Agricultural Guarantee Fund (EAGF) pursuant to Regulation (EC) No 1290/2005, OJ L 327, 30.12.2005, p. No. 1. for the common agricultural policy (CAP).

Common market organisations

§ 3. (1) Community legislation on the market is regulated (paragraph 1). 2) in the field of common market organisations (par. 3).

(2) Regulations within the meaning of paragraph 1 are, but with the exception of regulations within the scope of jurisdiction pursuant to § 6 para. 3,

1.

the provisions of the EC Treaty, including the Protocols,

2.

the provisions in contracts, including the acts relating to them, with protocols which have been concluded on the basis of the EC Treaty or to its extension, completion or implementation, or to the justification of an association, preference or Free trade area is concluded and legally effective,

3.

Acts of the Council or of the Commission of the European Union on the basis of or within the framework of the Treaties referred to in Z 1 and 2 and decisions of the Court of Justice of the European Communities binding on law.

(3) Common market organisations within the meaning of this Federal Law are arrangements for the establishment and implementation of the common organisation of agricultural markets in respect of those set out in Annex I to the Treaty establishing the European Community (EC Treaty), OJ L 327, 28.3.2002, p. No. 33 products, other trade arrangements, and direct payments arrangements.

(4) § § 4, 5, 6, 13, 14, 15, 16, 19 to 30, including decreed regulations, are to be applied to federal laws for the implementation of the regulations referred to in paragraph 2 above, unless otherwise expressly provided in such federal laws.

Definitions

§ 4. In the sense of this federal law,

1.

Market rules: products subject to the common organization of the market and the products for which, in addition to or in order to secure a common organization of the market, rules within the meaning of Article 3 (2) are taken,

2.

Direct payments: grants and benefits under income support schemes, referred to in the rules referred to in Article 3 (2) of the common agricultural policy as direct payments,

3.

Intervention: the taking-over, delivery or exploitation of market rules by intervention agencies and

4.

Licences: import and export licences, certificates and advance fixing certificates for market order goods.

Import and export

§ 5. The provisions of this Federal Law shall apply to the extent that, in so far as it does not result from directly applicable regulations of the Community's right of order

1.

on imports into the free movement of the Community of non-Community goods from areas not belonging to the customs territory of the Community;

2.

on export

a)

for the movement of goods from the customs territory of the Community,

b)

in the case of the transfer of market order goods, which are Community goods, to a customs procedure under customs control; and

c)

supplies of the same type of export as provided for in Community legislation.

Competent market organisation, intervention agency and paying agency

§ 6. (1) The responsible market organisation, intervention agency and paying agent within the meaning of this Federal Law is the agricultural market Austria (AMA), unless the Federal Minister for Agriculture, Forestry, Environment and Water Management is in the interest of safeguarding the The overall context and the economic viability of the administration by the Regulation preserves matters of enforcement of the Community's right of market. In any event, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be responsible for the implementation of general standards, in so far as they are necessary for the implementation of Community rules on the organisation of the market, the liquidate of the Transfer payments to the relevant market organisation and paying agent, the representation of agriculture, forestry and water management to the institutions and bodies of the European Union and to the competent authorities in accordance with this paragraph and paragraph 2. Market regulations are reserved for supervision and control.

(2) (constitutional provision) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, without prejudice to paragraph 1, lay down by Regulation that legal entities in the field of the enforcement of the countries or other appropriate legal entities for the implementation of the , in so far as it serves the purpose of carrying out these tasks in a way that is appropriate, simple and cost-effective, and that the persons concerned are qualified to carry out such tasks.

(3) The Federal Minister of Finance shall be responsible for the enforcement of the rules on the granting of export refunds and the collection of import duties and export duties.

Section 2

Rules on market organisation measures

Aid schemes

§ 7. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation, in so far as the relevant provisions of the Community rules on the organisation of the market in respect of technical processing, apply.

1.

production refunds,

2.

transitional allowances,

3.

Denaturation premiums,

4.

non-marketing premiums,

5.

buyer premia,

6.

area-related or product-related aid,

7.

Remuneration for early inclusion of market order goods,

8.

Remuneration in connection with distillation,

9.

Remuneration to producer organisations to compensate for the costs of the removal of market order goods from the trade,

10.

Compensation for the compensation of storage costs,

11.

Aid for private storage,

12.

aid to facilitate sales,

13.

aid for the production of market rules which are used for certain purposes,

14.

Remuneration for the production and production tasks

15.

other benefits

, including the recognition of producer organisations, and in so far as they are determined, identifiable or limited in the underlying rules of Community law on the market in the markets concerned, the provisions of this Regulation shall be adopted.

(2) In the case of regulations referred to in paragraph 1, where this is provided for in the rules of Community law 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.

Direct payments

§ 8. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation, in so far as the relevant provisions of the Community rules on the organisation of the market in respect of technical processing, apply. Direct payments within the meaning of Art. 2 lit. (d) Regulation (EC) No 1782/2003, OJ L 245, 29.5.2003, No. 1. and to the extent to which they are defined, identifiable or limited in the underlying rules of Community law on the market in the markets concerned, the provisions of this Regulation shall be adopted.

(2) In the implementation of the single payment in accordance with Title III of Regulation (EC) No 1782/2003, the following shall be taken as follows:

1.

Transfers of payment entitlements shall be notified between 16 September and 15 May with effect for the beginning of the application year. If payment entitlements without land are definitively transferred to other farmers (sale within the meaning of Art. 2 lit. (g) Regulation (EC) No 795/2004, OJ L 378, 27.11.2004 No. 1), 50% of the payment entitlements covered by the transfer shall be allocated to the national reserve in the case of a transfer with effect up to and including the application year for 2007.

2.

A voluntary transfer of payment entitlements to the national reserve shall be indicated between 16 September and 15 May with the aid of the beginning of the application year.

3.

The 10-month time limit referred to in Article 24 (2) of Regulation (EC) No 795/2004 shall begin on 15 November. The farmer may set a starting date from the first sentence, which shall be between 1 September and 30 April, provided that he proves that he is holding the 10-month period.

4.

In application of Article 42 (5) of Regulation (EC) No 1782/2003 and Article 7 of Regulation (EC) No 795/2004, a reallocation of payment entitlements may take place.

a)

in the management of alms or pastures with two or more distributors,

b)

in the event of the inclusion of at least 0.3 ha of eligible operating areas in public measures and in the public interest, such as the laying of cables, pipelines and the like or the assignment of land to the public sector including expropriations,

c)

in the case of basic consolidation and resettlement procedures, and

d)

from the 2008 application year for farmers,

aa)

which have a milk quota on 31 March of the application year,

bb)

which, in the period between 1 April 1995 and 31 March 2007, have acquired at least 10% of the milk quota available on 31 March 2007, by means of tradability; and

cc)

the milk premium share of the whole single farm payment at the time of inclusion in the single farm payment shall be at least 25%.

5.

As time points for compliance with the minimum agricultural activity within the meaning of Article 30 (4) of Regulation (EC) No 795/2004

a)

in the case of sheep and goats, the average or cut-off date according to the list of animals for the respective collection request; and

b)

in the case of bovine animals, the number of days distributed evenly over the year, with the establishment of existing dates for the determination of the stocking density in the context of other measures.

With regard to the slaughter premium for large cattle during the reference period, the coefficient shall be converted into large-scale units by the coefficient 0.7.

6.

For the use of set-aside entitlements under Article 54 of Regulation (EC) No 1782/2003, areas with a minimum width of five metres and a minimum size of 0.05 ha may be used if the ecological value of such land-set-aside entitlements is not less than 5 metres. Areas are confirmed by project confirmations of the competent nature protection authorities, or are water-edge strips or erosion protection strips or green areas with particular environmental benefits in terms of soil protection, biological diversity or the like. An exchange of eligible land for set-aside shall be permitted for areas included in the merger or remediation procedures, with an increase in the new decommissioning area not exceeding 5% and 0.3 ha. , and in the event of an exchange of land with non-decommissioning areas or a permissible upheaval of permanent pasture land. The more detailed conditions and the specific measures relating to set-aside should be laid down by Regulation.

7.

Where land for the cultivation of renewable raw materials is used for the use of payment entitlements under set-aside, Article 146 of Regulation (EC) No 1973/2004, OJ L 327, 30.11.2004, p. No. 1), the growing growing on the decommissioning areas of the farm's own farm

a)

for processing into biogas or

b)

for the heating of the agricultural holding or for the production of energy and fuel in the holding

shall be used. The more detailed conditions must be laid down by means of a regulation.

8.

Insofar as in exceptional climatic conditions or serious natural disasters within the meaning of Article 40 (4) (lit). (c) Regulation (EC) No 1782/2003, in accordance with Community rules on the organisation of the market, allows for a derogation from the use of eligible land or land for the use of payment entitlements in the case of set-aside, the more detailed conditions and conditions are laid down by means of a regulation.

9.

Farmers who are subject to the conditions laid down in Articles 20 or 22 of Regulation (EC) No 795/2004 and whose lease contracts expire after 15 May 2005, may, at the same time, apply the allocation of payment entitlements from the national reserve to: the next collection request to be submitted immediately after the lease contract has been completed. In such cases, payment entitlements must be allocated to the extent of the regional average per hectare of eligible land covered by the leasing contract and indicated in the application for collection.

10.

In application of Article 42 (3) of Regulation (EC) No 1782/2003, in the application year 2008, farmers who are

a)

since 1. In 2004, they began to conduct an agricultural holding on their own behalf and on their own account and have not received any payment entitlements for this operation by means of the overall succession of rights; and

b)

the conditions for the establishment aid in accordance with Article 22 of Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development, OJ L 327, 22.11.2005, p. No. OJ L 277, 21.10.2005, p.1,

Payment entitlements are allocated from the national reserve. The number of payment entitlements to be allocated is the result of the available amount of eligible land for which no payment entitlements have been allocated so far, with at least 4 ha of eligible land being available. Areas for which payment entitlements have been transferred shall not be included.

11.

In accordance with Article 42 (7) of Regulation (EC) No 1782/2003, payment entitlements shall be reduced by a maximum of 0.5% in order to be able to carry out payment entitlements to the farmers referred to in Z 10. The exact reduction rate shall be fixed by Regulation after the identification of the necessary appropriations for the national reserve.

(3) In the implementation of the product-specific aid schemes referred to in Regulation (EC) No 1973/2004, the following shall be taken as follows:

1.

Payments linked to production remain:

a)

the suckler cow premium,

b)

the slaughter premium for calves,

c)

40% of the slaughter premium for bovine animals (excluding calves); and

d)

25% of the area-related aid for hops.

2.

For the purpose of granting aid for nuts in accordance with Article 83 of Regulation (EC) No 1782/2003 and Article 15 of Regulation (EC) No 1973/2004, the minimum area of application for a fruit orchard shall be 0.25 ha and the minimum number of trees shall be for walnuts is 100 trees per ha orchard.

3.

For the granting of the suckler cow premium

a)

, there is no quantitative limit on the individual milk quota;

b)

may be provided for under Article 125 (5) of Regulation (EC) No 1782/2003 to grant an additional suckler cow premium to the extent of EUR 30, provided that the countries are subject to the conditions laid down in Section 3 of the Agricultural Law 1992, BGBl. No 375, as amended, to participate in the financing;

c)

the minimum rate of use of the premium rights referred to in Article 108 of Regulation (EC) No 1973/2004 shall be set at 90%;

d)

in the case of the transfer of premium rights without simultaneous transfer of the holding, 15% of the premium rights requested for transfer shall be supplied to the national reserve, with complete numbers being rounded off;

e)

in the case of the transfer of premium rights without the simultaneous transfer of the holding, at least one premium right shall be transferred to other farmers;

f)

a temporary cession of premium rights is not permitted;

g)

may be granted for suckler cows which are applied for under the suckler cow premium scheme and which exceed the individual ceiling, farmers may be granted premium rights from the national reserve if their holdings are at the beginning of the of the 12-month period of application shall not have an individual milk quota for deliveries and the number of the single farm payment reference amount referred to in Article 37 of Regulation (EC) No 1782/2003 and in accordance with Article 5 (3) of Regulation (EC) No 1782/2003 Z 1 and 5 of the Market Order Transfers Act Special premium for male bovine animals does not exceed 50 units. Where more than 50 units have been included in the reference amount, premium rights may be granted to a maximum of 15 units per year. Premium rights shall be granted only if at least two suckler cows are obtained on the basis of the individual maximum limit. If, in one year, the sum of the premium rights requested from the national reserve exceeds the amount of premium rights available in the national reserve, an aliquot reduction shall be made;

h)

the suckler cow premium for Kaline (heifers) and suckler cows shall be managed separately. In so doing, the national ceiling for Kalim is the number of premium rights not allocated in the year in question from the national reserve. The premium for Kaline with an age at the start of the retention period of eight to a maximum of 20 months shall be for applicants who have an individual maximum limit and whose holdings do not have an individual milk quota for deliveries. at the beginning of the 12-month period of application, but not more than 20% of the individual maximum limit fixed for the same year. The remaining quantity still available in each year from the national limit for Kalim shall be available for applicants who keep Kalim and are either farmed holdings at the time the application is submitted, an officially recognised milk and/or meat performance testing, or otherwise demonstrate the quality criteria required for that purpose.

4.

The aid for energy crops may, in accordance with Article 25 of Regulation (EC) No 1973/2004, be applicable to energy crops harvested on their own farm

a)

for processing into biogas,

b)

in the case of heating of the agricultural holding or in the production of energy and fuel during operation

granted . The provisions of Chapter 8, Section 7 of Regulation (EC) No 1973/2004, as amended by Regulation (EC) No 270/2007, OJ L 327, 30.11.2007, p. No. 8., it is only from 1 January 2007 that the Commission has adopted a procedure for the period of 1 January 2007. Jänner 2008. The more detailed conditions must be laid down by means of a regulation.

(4) The processing aid for short flax fibre and hemp fibre may be granted in accordance with Article 2 (3) (3). (b) Regulation (EC) No 1673/2000 on the common organisation of the market in flax and hemp grown for fibre, OJ L 327, 31.12.2000, p. No. 16 shall also apply to short flax fibre containing 7.5% to 15% impurities and cranes and to hemp fibres containing 7.5% to 25% impurities and skates.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may lay down, by means of a Regulation, the more detailed conditions and other provisions relating to the technical implementation of the measures referred to in paragraphs 2 to 4.

Interventions

§ 9. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation, in so far as the relevant provisions of the Community's rules on the organisation of the market are concerned, an implementation with regard to the technical processing at the provide for intervention and, in so far as it is determined, determinable or limited in the underlying provisions of the Community rules on the organisation of the market, the provisions of this Regulation shall be adopted. Section 7 (2) shall apply accordingly.

Quota arrangements

§ 10. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation, in so far as the relevant provisions of the Community rules on the organisation of the market are concerned, with regard to the technical implementation of quotas. (quotas, guaranteed quantities, reference quantities and other minimum or maximum quantities or amounts, as well as national reserves, in the context of market organisation measures or direct payments), and to the extent that they are included in the underlying arrangements of Community rules on the right to market, determinable or limited , it shall adopt more detailed rules, including the procedural rules to be applied.

(2) For quotas for the marketing of milk pursuant to Regulation (EC) No 1788/2003, OJ L 327, 31.12.2003, p. No. 123. shall be adopted in accordance with the following conditions:

1.

The allocation of quantities from the national reserve shall be carried out in a percentage of the individual quota, which shall be determined on the basis of the quantity available for allocation and the applications submitted.

2.

Where the national quota is exceeded, producers ' contribution to the payment of the levy due on supplies after reallocation of the unused share of the national quota (salting) shall be determined as follows:

a)

By dividing the sub-deliveries by the sum of the individual quotas for deliveries of the suppliers, the allocation percentage shall be calculated, with all the sub-deliveries being allocated;

b)

Holdings which surrender their individual quota for deliveries have to pay a basic levy for the part of the supplies up to the allocation percentage and for the part of the tradition which exceeds the allocation percentage, a basic levy is payable. Levy to be paid by deducting the raised base levy from the levy due to the individual state and by dividing the balance by those transfers which are made in accordance with the allocation quantities in accordance with lit. (a)

c)

The ratio of the base levy to the levy in accordance with lit. (b) shall be 0.7 to 1, taking into account the individual state-trained levy.

3.

In a twelve-month period, a producer shall use the quota allocated to him by his own marketing to an extent of less than 70% and shall not use at least 70% of the quota available to him in the immediately following 12-month period by their own marketing (inactivity), the unused part of the national reserve is added. Quotas (-shares) not exceeding 5 000 kg shall not be covered by the reduction.

4.

A quota awarded in the case of inactivity in accordance with Z 3 of the national reserve shall be re-allocated on request if the farmer is responsible for the production and marketing of at least 15% of the quota at the latest during the second following 12-month period. Quota resumes. In the case of force majeure or in duly substantiated cases which have a temporary effect on the production capacity of the producer concerned, the time limit for re-allocation may be extended by way of derogation from the first sentence.

5.

A temporary transfer (quota leasing) may take place in a twelve-month period for a maximum of 50% of the individual quota, and in the immediately subsequent 12-month period, the quota leasing may be carried out for a maximum of 30% of the individual operating quota. Rate. In the case of force majeure or in duly substantiated cases which have a temporary effect on the production capacity of the producer concerned, the whole quota may be temporarily transferred from the first sentence.

6.

A holding with which a single-farm quota can be transferred shall consist of the areas required and used for milk production, as well as those commercial buildings and parts of the plant which are used for milk production.

7.

A transfer of a single-company quota with area shall be permitted if:

a)

a dairy farm is divided into a number of holdings; or

b)

all land belonging to the holding of the milk producing holding shall be leased to other farmers. In this case, the quota is divided according to the pachted area.

8.

A transfer of quotas without a corresponding area is

a)

According to § 5 (2) of the Milk-Reference quantities-Allocation Regulation, BGBl. No 226/1995 as last amended by BGBl. No 729/1996, supply reference quantities II (Almquotas) only on Alpine pastures and

b)

in the case of the other quotas on producers within the whole of the Federal territory

allowed.

9.

Alpine quotas can only be used if the milk production is done on the farm.

10.

The quality and the value-determining characteristics of the milk delivered to customers must be checked by a recognised laboratory.

The more detailed conditions, including, in particular, any indication periods, minimum transmission quantities and recognition of laboratories, as well as the clarification of the infringements in accordance with Section 30 (1) (2), shall be laid down by regulation.

Mandatory market measures

§ 11. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation, in so far as the relevant provisions of the Community rules on the organisation of the market in respect of technical processing, apply. the provision of market rules or direct payments to which individuals are obliged to participate (compulsory measures), and where they are determined in the underlying rules of the Community rules on the right to the market, or shall be limited in order to adopt the more detailed rules. § § 7 and 8 shall apply mutatily to the extent that the compulsory measures are subject to advantages.

(2) In the regulations referred to in paragraph 1, charges may also be imposed where this is provided for or made possible by the provisions of the Community's rules on the organisation of the market. The calculation of the fees shall be made on the basis of the costs incurred and the purpose of the measure.

Cross-compliance

§ 12. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation, in so far as the relevant provisions of the Community rules on the organisation of the market in respect of technical processing, apply. provide for any other obligations to be complied with in the case of direct payments in accordance with § 8, and where such obligations are determined, determinable or limited in the underlying provisions of the Community rules on the right of the market, the provisions of this Regulation shall be .

(2) The minimum requirements for good agricultural and environmental condition to be determined in accordance with Article 5 in conjunction with Annex IV to Regulation (EC) No 1782/2003 shall be determined by Regulation.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may determine by means of a Regulation that the AMA shall control the compliance with certain other obligations, provided that the AMA is carried out by the AMA. Controls are at least as effective as in the case of implementation by the specialised authorities.

Charges

§ 13. (1) The provisions of the Federal Tax Code shall apply to taxes levied on market regulations which are levied in the framework of the regulations of the Community's right of market order in so far as they are subject to the provisions of the Federal Act on the Rules of the Market or by regulation under this federal law is not otherwise determined. The Federal Minister for Agriculture, Forestry, the Environment and Water Management and the respective responsible market organisation and paying agency are, in so far as the provisions of the Federal Tax Code are applicable, in the enforcement of this provision. The Federal Minister of Agriculture, Forestry, the Environment and Water Management is also the Federal Minister for Agriculture, Forestry, Environment and Water Management in exercising the right of supervision.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation, in so far as the relevant provisions of the Community rules on the right of the market are to be implemented in respect of the technical processing of charges. in accordance with paragraph 1 above, in particular on the circle of debtors, those liable to abduct and the claims between them, and in so far as they determine, determine, or determine in the underlying provisions of the Community rules on the right to the market in the market shall be limited in order to adopt the more detailed rules.

Collateral

§ 14. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation, in so far as the provisions of the Community's rules on the right of market are to be implemented in respect of the technical processing of collateral, Deposits and guarantees (collateral arrangements) shall be provided and, in so far as they are determined, identifiable or limited in the underlying provisions of the Community's rules on the organisation of the market, the more detailed provisions shall be adopted. If the release of samples, samples and physical examinations is required for release, § 24 shall apply.

(2) If the guarantee is provided by guarantee, the guarantor shall be entitled to take over guarantees in accordance with the provisions of Community law.

Licences and advance fixing

§ 15. (1) Licenses, other import and export documents, and import and export authorisations within the framework of Community rules on trade in trade, shall be issued by the relevant market organisation body.

(2) The advance fixing of import and export duties and export refunds shall also be carried out by the relevant market organisation body.

(3) If the communication in accordance with paragraph 2 provides for the lodging of a security, § 14 shall apply.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management can-with regard to Z 2 and 3 in agreement with the Federal Minister for Finance-by Regulation, in so far as the relevant provisions of the Community Market rules on trade in the implementation of the technical implementation of the

1.

the granting of licences, import and export documents and import and export licences (para. 1) with regard to market rules,

2.

the import of market order goods, where the import is limited to certain qualities, arrangements or uses; and

3.

monitoring of compliance with common minimum price arrangements for the import and export of market rules;

, and in so far as it is determined, identifiable or limited in the underlying provisions of Community law on the market in the markets concerned, the provisions of this Regulation shall be adopted.

Quantity quotas

§ 16. In so far as the provisions of the Community rules on the right of the market provide that authorisations within the meaning of Article 15 (1) may be granted in total only up to a certain quantity or a certain value, an efficient exploitation of the authorized quantities and values should be taken into account. In particular, account shall also be taken of the supply situation, the economic viability of these operations and the maintenance of trade relations.

Market disturbances

§ 17. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in the event of market disturbances or impending market disturbances, lay down detailed rules for the implementation of protective measures, which are laid down in Community regulations. The provisions of the Rules of Procedure shall be adopted, insofar as they are determined, determinable or limited.

Special measures in the event of economic difficulties

§ 18. (1) Measures provided for in the framework of the Act of Accession or the Protocols to the Accession Treaty to facilitate or eliminate economic difficulties shall, in so far as the difficulties arise, include implementation, transfer or To adapt the common organisation of the market and to the provisions of Community law on the right to the market which are complementary to or to safeguard these common market organisations, and to comply with the rules of the Community The law on the market does not provide otherwise, this federal law with the To apply the provisions relating to import and export, in particular with regard to safeguard measures, also apply to trade between the existing and the new Member States of the European Community.

(2) In addition, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister of Finance, may by Regulation, insofar as this is necessary for the implementation of the measures referred to in paragraph 1, and the shall not be sufficient to lay down rules on the marketing, prices, production and use restrictions and on similar measures, in so far as the conditions and scope of the measures referred to by the Council and the Commission adopted on the basis of the Act of Accession or the Protocols to the Accession Treaty Acts shall be determined, determinable or limited. In regulations according to the first sentence, the market organisation and paying agencies or the federal tax authorities may be designated as the competent authority for the implementation.

Section 3

Common provisions

Rules on seizage and repayment

§ 19. (1) The General Administrative Procedure Act (AVG) is to be applied for the implementation of administrative procedures in the area of Community market law, unless the provisions of the Federal Tax Code are applied in accordance with Section 13.

(2) In addition to the measures referred to in § § 7, 8 and 10, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be entitled to act in accordance with the measures referred to in § § 7, 8 and 10 of the Federal Republic of Germany. in addition to the reasons specified in § 68 AVG, also in the event of an infringement of provisions of Community law, including implementing provisions adopted for this purpose, shall be repealed or amended.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, as an appellate authority, provide the exact calculation of the payout amount in the foes to be issued.

(4) By way of derogation from paragraphs 2 and 3, the Authority may repeal or amend a communication which has been amended by the appeal decision, if subsequent control finds that the decision to which the decision is based is based on the following: The facts on a substantial point as a result of an act or omission by an economic operator have been inappropriately determined or otherwise assumed to be in breach of the law.

(5) Insofar as it is necessary and necessary for the implementation of provisions of Community law on the organisation of the market, regulations in accordance with § § 7 and 10 may also produce, acquire, process or process the goods on the market, have, or have, or have, or have participated in, or have participated in, or have participated directly or indirectly in the business of such goods, for the purpose of repayment of benefits from unjustly granted advantages in the sense of this Federal law is required.

(6) The amount of the amount to be repaid shall be determined by means of communication.

Burden of proof

§ 20. The beneficiary shall, in so far as not provided for in the provisions of the Community rules on the organisation of the market, bear in the area of responsibility, even after receiving a benefit in the sense of the measures referred to in § § 7, 8 and 10, the area of responsibility which does not apply to the The market regulatory and paying agency responsible for the granting of the favourable treatment shall be subject to the burden of proof of the existence of the conditions for granting the benefit until the end of the fourth year, which shall be the calendar year of the award of the grant. is followed.

Interest

§ 21. Repayment amounts of benefits within the meaning of this Federal Law are payable on the day of payment of interest charges on the due date at 3 vH above the base interest rate per year, insofar as the rules of the Community's right of market regulations do not apply other provision. In the case of subsequent reduction of a repayment amount, the calculation of these interest rates shall be carried out with retroactive consideration of the amount of reduction in the amount of the repayment.

Monitoring, training and co-action obligations

§ 22. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, by means of a Regulation, lay down the rules governing the monitoring of compliance with the rules of the Community's rules on the organisation of the market in the area of market rules or direct payments, in particular with regard to reporting obligations, recording obligations, obligations for the storage of business documents, the issuing of information, the payment of visits to the premises, Premises and areas, support obligations, obligations to Use of control and closing notes, official monitoring of the purpose and on time use, provision of samples and samples as well as cost support.

Reporting requirements

§ 23. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation, in so far as this is necessary for the implementation of the provisions of the Community rules on the organisation of the market,

1.

Persons and non-legal persons associations on regular records and reports, in particular on quantities of market order goods and on their prices, as well as on land used for agricultural purposes, with the allocation of the managing authority and with the type of building,

2.

Exchanges, administrations of public markets and other entities carrying out price quotations or price fixing in relation to market order products, for reporting the results of the quotations or findings

commit. In particular, the Regulation may regulate the frequency, content and form of notifications and the type of transmission.

Removal of samples and costs

§ 24. To the extent necessary for the implementation of Community rules on the organisation of the market, samples and samples may be taken without compensation in the necessary scope, as well as the costs arising from the control and investigation shall be lifted by the beneficiary, in so far as it does not conflict with Community rules on the organisation of the market.

Exchange of information

§ 25. (1) The tax authorities of the Federal Government, the Federal Minister for Agriculture, Forestry, the Environment and Water Management and also the respective responsible market organisation and paying agencies have the responsibility for the enforcement of this Federal Act and of regulations to provide the information necessary for the performance of the tasks of those authorities or bodies and where the recipients of the data are not otherwise required to perform the tasks of those authorities or bodies, not with sufficient reliability or with a disproportionately higher degree of reliability The communication can also be provided with support for automation.

(2) All departments of public bodies (insofar as they are not acting as legal professional representatives) have to the Federal Government's tax authorities, the Federal Minister for Agriculture, Forestry, the Environment, and the Federal Government. Water management and the relevant market regulation and paying agency for the purposes of the implementation of this federal law the obligation to apply the obligation to the assistance according to § 158 BAO mutatily.

General examination rights and disclosure requirements

§ 26. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, the relevant market organisation and paying agent and the Court of Auditors may require the farmers and other economic operators to provide all information, where: This is an essential condition for the performance of the tasks assigned to them for the implementation and supervision of Community rules on the organisation of the market in relation to market rules or direct payments. To this end, they may, in particular, submit business documents and all examinations, including access to business and storage premises, in the event of an urgent risk to public security and order, including housing, and other land where they or their bodies responsible for the consideration of such land deem it necessary.

Admissibility of the use of data

§ 27. (1) The following personal data of farmers and other economic operators, their use for the relevant market regulation and paying agency and the Federal Minister for Agriculture, Forestry, the Environment and Water Management is essential in order to be able to carry out the tasks referred to in the regulations of the Community's right of market order in respect of market rules or direct payments, can be transmitted:

1.

The name and address of the farmers, the milk output data and the operating number according to the LFBIS Act, BGBl. No 448/1980, as amended,

2.

by the purchasers within the meaning of Art. 5 lit. (e) Regulation (EC) No 1788/2000, individual data on the milk quota, delivery and collection of the levy,

3.

by the sugar undertakings in accordance with Regulation (EC) No 318/2006, OJ L 210, 31.7.2006, No. OJ L 58, 28.2.2006. 1. individual operational data on supply contract, quantity of sugar beet supplied, sugar content and sugar beet accounting,

4.

all the information required for the selection of the control sample referred to in Article 45 of Regulation (EC) No 796/2004 for the purpose of the enforcement of the legal standards covered by Articles 4 and 5 of Regulation (EC) No 1782/2003;

5.

by the courts and administrative authorities of the first instance, all information concerning the outcome of criminal proceedings initiated under the legal force for infringements which are carried out on farms in connection with measures pursuant to § 12 , and

6.

from the AMA to the labelling system in question within the meaning of Title II of Regulation (EC) No 1760/2000, OJ L 327, 30.4.2000, p. No. 1. of the independent inspection bodies or holders of an approved labelling system, data from the electronic database.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, by means of a regulation on the data transfers referred to in paragraph 1, set out more details, in particular on time and concrete scope.

General authorisation for a regulation

§ 28. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in accordance with regulations adopted pursuant to this Federal Act, refer to the principles of economic efficiency, expediency and administrative simplification.

1.

from a separate or repeated submission of documents that have already been or are otherwise incapable of being received,

2.

require the use of certain forms or the transmission by electronic means,

3.

to view data from electronic databases as a request, in so far as this is permitted by the rules of the Community's rules on the organisation of the market; and

4.

within the limits laid down in Community rules on the right to market, determine the limits of the Bagatell limit in which the payment and recovery of sums may be taken away.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in any case, in the regulations adopted pursuant to this Federal Act

1.

specify time limits or dates within the time limits laid down in Community legislation,

2.

, within the limits laid down in Community legislation, for minimum quantities or areas of minimum quantities or area dimensions, and

3.

Representative yields, maximum prices, varieties, the products to be reported to the catalogue and other quantities, to the extent that they are determined, determinable or determined in accordance with Community provisions and on the basis of the rules on which they are based, or are limited.

Section 4

Criminal and final provisions

Financial vergo

§ 29. Any person who intentionally or negligently imports or carries out the market order without the documents referred to in section 15 (1) or without the presentation of these documents shall be subject to a financial offence. The deed is punishable by a fine, with the maximum extent of intentional commission being € 72 670 and, in the case of negligent commission, 36 340 €.

Criminal provisions

§ 30. (1) If the offence does not constitute a criminal offence within the jurisdiction of the courts, an administrative surrender shall be carried out.

1.

incorrect or incomplete information of the actual nature or use in order to obtain, for itself or another, a licence, permit, authorisation, authorisation, recognition, authorization, certificate or direct payment, which shall be subject to the provisions of the Community rules on the market order or direct payments, by means of regulations pursuant to this Federal Act or by federal laws implementing the Community rules on the organisation of the market and the rules on the , are required, or

2.

a regulation pursuant to § 7 (1) and (2), § 8, § 9, § 10, § 11, § 13 (2), § 15 (4) (3) or (22), insofar as it refers to a particular case for this criminal provision, is contrary to the law of the

3.

a federal law implementing the Community rules on the organisation of the market or a regulation adopted thereto, to the extent that they refer to that provision in respect of a specific case, or

4.

, prohibiting, prohibiting or imposing restrictions on the production, cultivation, use or marketing of market rules contained in Community rules on the organisation of the market, or

5.

-products which have been obtained contrary to prohibitions or restrictions after Z 4 shall be placed on the market for commercial purposes;

and is punishable by the district administrative authority with a fine of up to 36 340 €. The trial is punishable.

(2) If the offence does not constitute the offence of a criminal offence within the jurisdiction of the courts, an administrative surrender shall be carried out, who shall:

1.

contrary to a provision laid down in Community rules on the organisation of the market in respect of market rules or direct payments or in regulations under this Federal Act or contrary to federal laws for the implementation of the Community rules on the organisation of the market and of regulations adopted or contrary to Article 26

a)

shall be contrary to a reporting, recording or storage obligation,

b)

does not provide information, not correct, not complete or not in time,

c)

Do not submit business documents either in full or in due time, or do not permit inspection in business documents or other documents, or

d)

the inspection of land or rooms or official control of the use of the land or of the use of the site is not permitted,

2.

the verification (§ 26) of circumstances which, according to regulations of the Community's right of market order or direct payments under this Federal Act, according to regulations pursuant to this Federal Act, according to a federal law , in order to implement the Community rules on the organisation of the market or of a regulation adopted for that purpose, are important, thereby preventing or making it difficult for him to keep books or records, their management or storage by trade, or tax legislation, a law adopted pursuant to this Federal Act Regulation, a federal law implementing the Community law on the organisation of the market or a regulation adopted for this purpose, is incumbable, not or not properly carried out, not kept or concealed.

The administrative surrender shall be punished by the district administrative authority with a fine of up to € 3 630. The trial is punishable.

(3) In the case of punishments pursuant to para. 1 and 2, the district administration authority shall be responsible in the first instance in which the offender has its principal residence in the sprengeling. Where the offender is a legal person, a civil society of commercial law or a registered labour force, the place of residence of the offender is decisive for the local jurisdiction; in the absence of a registered office, the place in which the activity is mainly shall be exercised.

Agreement

§ 31. As far as federal funds are made available and in matters of § 7 para. 1 Z 8, the agreement with the Federal Minister of Finance is required for regulations under this federal law.

Final destination

§ 32. (1) This federal law shall enter into force

1.

(constitutional provision) as regards § 1 with 1. Jänner 2005,

2.

as regards Section 8 (2) and (3) with 1. Jänner 2005 and

3.

as regards the other provisions of 1 July 2007

in force.

(2) With the entry into force of this federal law shall not enter into force

1.

( Constitutional provision) Art. I of the Market Rules Act 1985, BGBl. No. 210, Art. I of the Law on the Law of the Market Law, 1985, BGBl. No. 291, Art. I of the Law on the Law of the Market Law 1986, BGBl. No. 183, Art. I and Art. II § 53a (1) of the 2. November 1986, Federal Law Gazette, BGBl. No. 208, Art. I of the 3. November 1986, Federal Law Gazette, BGBl. No. 329, Art. I of the 4. November 1986, Federal Law Gazette, BGBl. No. 557, Art. I, Art. III (7) and (5), Art. IV (3) and Art. Article VI (1) (2) of the Law on the Rules of the Market Law 1987, BGBl. No. 138, Art. I of the 2. Market Order Law-Novel 1987, BGBl. No. 324, Art. I of the 3. Market Order Law-Novel 1987, BGBl. No. 578, Art. I in the Law on the Law of the Market Law 1988, BGBl. No. 330, Art. I of the Law on the Law of the Market Law 1989, BGBl. No. 357, Art. I of the Law on the Law of the Market Law 1990, BGBl. No. 424, Art. I and IV of the Law on the Law of the Market Law 1991, BGBl. No. 380, Art. I of the 2. November 1991, Federal Law Gazette, BGBl. No. 396, Art. I and Art. III-Z 1 of the Market Order Law 1992, BGBl. No. 373, Art. I, Art. II § 53a (2) and § 91c (1) (1) of the Law on the Law of the Market Law 1993, BGBl. No. 969, Art. I and Art. § 53a (3), § 91d Z 3, § 93, § 96 (2), § 120 (1) (2) and § 121 (1) of the Act on the Law of the Market Act 1994, Federal Law Gazette (BGBl). No. 664, Art. I of the Law on the Law of the Market Law 1995, BGBl. No. 298, and Art. I § 93 of the Euro-Relocation Act Agriculture and Forestry, Environment and Water Management, BGBl. I No 108/2001 and

2.

the Law on the Law of the Market in 1985, BGBl. No. 210 in the version of the Federal Laws BGBl. No. 291/1985, BGBl. No. 183/1986, BGBl. No. 208/1986, BGBl. No 329/1986, BGBl. No. 557/1986, BGBl. No. 138/1987, BGBl. No. 324/1987, BGBl. No 578/1987, BGBl. No 330/1988, BGBl. No 357/1989, BGBl. No. 424/1990, BGBl. No 380/1991, BGBl. No 396/1991, BGBl. No 373/1992, BGBl. 969/1993, BGBl. N ° 664/1994, BGBl. No 298/1995, BGBl. I No 125/1998 and BGBl. I n ° 108/2001 and the BGBl rallies. I No 18/2006 and BGBl. I No 156/2006.

(3) The regulations to be adopted for the implementation of the single payment in accordance with § 8 (2) and the quotas for the marketing of milk pursuant to § 10 (2) shall enter into force on 1 July 2007.

Referral to other legislation

§ 33. Where reference is made in other federal laws to the 1985 Act on the Rules of Procedure, these references shall be construed as references to the corresponding provisions of the MOG 2007.

Personal names

§ 34. In the case of the personal names used in this Federal Act, the chosen form is valid for both sexes.

Enforcement

§ 35. With the enforcement of this federal law are entrusted:

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 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

Federal law with which regulations adopted under Section F of the Law on the Law of the Market in 1985 are to be repeal (Rules of the Law on the Law of the Market and the Law of the Market)

Retribution of Regulations

§ 1. (1) Insofar as not listed in the following, on the basis of Section F of the MOG (Market Rules Act 1985-MOG, BGBl. No 210) shall be repealed as federal law, and all regulations adopted pursuant to Section F of the MOG shall be repealed.

(2) As a federal law, the following 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.

Regulation of the Federal Minister for Agriculture and Forestry on the Registration of Contracts for the propagation of seed in third countries, BGBl. No 99/1995 in the version BGBl. II No 108/1999,

4.

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,

5.

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 the BGBl version. II No 223/1998,

6.

Regulation of the Federal Minister for Agriculture and Forestry on the monitoring of the use and/or destination of cereals from intervention stocks for export or processing of certain products (Grain monitoring Regulation- GÜV), BGBl. No 575/1995,

7.

Regulation of the Federal Minister for Agriculture and Forestry on the recognition of producer groups and their associations, BGBl. No 726/1995 in the BGBl version. II No 351/1999,

8.

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,

9.

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,

10.

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 BGBl version. II No 90/2000,

11.

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,

12.

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,

13.

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,

14.

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,

15.

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,

16.

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,

17.

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 in the BGBl version. II No 39/2004,

18.

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,

19.

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 of BGBl. II No 106/2005,

20.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on an area identification based on a geographical information system (INVEKOS-GIS-Ordinance), BGBl. II No 335/2004,

21.

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 BGBl version. II No 50/2006,

22.

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, as amended by the BGBl version. II No 154/2007,

23.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the granting of aid for the production of dried fodder (dried fodder aid regulation 2005), BGBl. II No 127,

24.

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,

25.

Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the allocation of reference quantities within the framework of the CMO Milk (Reference quantities-Allocation Regulation 2006-RZV 2006), BGBl. II No 102,

26.

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

27.

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.

(3) Until At least 31. Jänner 2008 will remain in force as federal law:

1.

Regulation of the Federal Minister of Agriculture and Forestry on the inclusion of legal entities established by Land Law in the area of land-based collection (Area Basic Collection Regulation-FBV), BGBl. No 964/1994,

2.

Regulation of the Federal Minister of Agriculture and Forestry for the implementation of the intervention of beef, pigmeat and sheepmeat and goatmeat, BGBl. No 1018/1994 in the BGBl version. II No 311/1997,

3.

Regulation of the Federal Minister of Agriculture and Forestry on securities for market order goods, BGBl. No 1021/1994 as last amended by BGBl. II No 154/2006,

4.

Regulation of the Federal Minister of Agriculture and Forestry on reporting requirements in the
Cattle, meat, eggs and poultry industry (livestock reporting regulation), BGBl. No 800/1995 in the version BGBl. II No 54/1998,

5.

Regulation of the Federal Minister for Agriculture and Forestry on the implementation of the common organisation of the market in raw tobacco (Rohtabak-Implementing Regulation), BGBl. II n ° 97/1999 as last amended by BGBl. II No 241/2003,

6.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the granting of aid to milk products delivered to pupils (School Milk Aid Regulation 2001-SBV), BGBl. II No 413/2000 last amended by BGBl. II No 359/2006,

7.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the granting of aid for the initial processing of flax and hemp (Flax and Hanf Processing Aid Regulation 2001), BGBl. II No 300 in the BGBl version. II No 329/2006,

8.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on Licenses for Market Order Goods, BGBl. II No 59/2002 as last amended by BGBl. II No 465/2005,

9.

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 2005), BGBl. II No 474/2004 as last amended by BGBl. II No 485/2006 and

10.

Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on product-specific state aid schemes pursuant to Title IV of Regulation (EC) No 1782/2003 and on the cultivation of renewable raw materials in the framework of the Common Fisheries Policy Agricultural policy (CAP aid regulation), BGBl. II No 482/2004 in the version of BGBl. II No 484/2006.

(4) Until the date of the release of their subject-matter, regulations adopted pursuant to the Marketing Standards Act shall remain in force as a federal law:

1.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the control of marketing standards for fishery products and permitted minimum sizes for fish, BGBl. II No 113/2000, as amended by the BGBl version. II No 177/2002,

2.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the control of consumer information in the field of fishery and aquaculture products, BGBl. II No 153/2002 and

3.

Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on special marketing rules for olive oil, BGBl. II No 467/2002, as amended by the BGBl version. II No 531/2003.

Further applicability of regulations

§ 2. (1) The following regulations issued under Section F of the MOG shall remain in force as federal laws for those facts which have been implemented in the corresponding year to which the Regulation relates:

1.

Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the granting of an additional suckler cow premium in 2001 (suckler cow premium premia regulation 2001), BGBl. II No 271,

2.

Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the fixing of the representative yields of the 2002 harvest for certain products cultivated as renewable raw materials on set-aside land, BGBl. II No 282/2002, as amended by the BGBl version. II No 356/2002,

3.

Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the granting of an additional suckler cow premium in 2002 (suckler cow premium premia regulation 2002), BGBl. II No 452,

4.

Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the fixing of the representative yields of the 2003 harvest for certain products cultivated as renewable raw materials on set-aside land, BGBl. II No 320/2003, as amended by the BGBl version. II No 435/2003,

5.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the granting of an additional suckler cow premium in 2003 (suckler cow premium premia regulation 2003), BGBl. II No 504,

6.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the fixing of the representative yields of the 2004 harvest for certain products cultivated as renewable raw materials on set-aside land, BGBl. II No 298/2004 in the BGBl version. II No 369/2004,

7.

Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the granting of an additional suckler cow premium in 2004 (suckler cow premium premia regulation 2004), BGBl. II No 520,

8.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management, on the list of durum wheat varieties eligible for the durum wheat quality premium in 2005, BGBl. II No 16/2005,

9.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management for the determination of the cheese varieties, BGBl, which are subject to reporting in the milk marketing year 2005/2006. II No 157/2005,

10.

Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the determination of the representative yields of the 2005 harvest for energy crops and for certain products, which are to be used as renewable raw materials on set-aside. Areas are cultivated, BGBl. II No 208/2005 in the BGBl version. II No 292/2005,

11.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the list of durum wheat varieties eligible for the durum wheat quality premium in 2006, BGBl. II No 310/2005 in the BGBl version. II No 456/2005,

12.

Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the granting of an additional suckler cow premium in 2005 (suckler cow premium premia regulation 2005), BGBl. II No 326,

13.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the fixing of the unit quantity for flax and hemp fibres for the 2005/2006 marketing year, BGBl. II No 17/2006,

14.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management for the determination of the cheeses, BGBl, which are subject to reporting in the dairy marketing year 2006/2007. II No 201/2006,

15.

Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the fixing of the representative yields of the 2006 harvest for energy crops and for certain products, which are to be used as renewable raw materials on set-aside Areas are cultivated, BGBl. II No 258/2006 in the BGBl version. II No 316/2006,

16.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the list of durum wheat varieties eligible for the durum wheat quality premium from 2007, BGBl. II No 352/2006 in the BGBl version. II No 522/2006,

17.

Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the granting of an additional suckler cow premium in 2006 (suckler cow premium ordinance 2006), BGBl. II No 428,

18.

Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the fixing of the unit quantity for flax and hemp fibres for the marketing year 2006/2007, BGBl. II No 498/2006,

19.

Ordinance of the Federal Minister of Agriculture, Forestry, Environment and Water Management on the use of land set aside for feeding purposes in 2007, BGBl. II No 105/2007 and

20.

Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management for the determination of the cheese varieties, BGBl, which are subject to reporting in the marketing year 2007/08. II No 124/2007.

(2) The Regulation of the Federal Minister for Agriculture and Forestry on the granting of aid for seeds (seed aid regulation 1999), BGBl. II. 109 in the version BGBl. II No 10/2001, remains in force as a federal law on facts relating to aid applications up to and including 2004.

Handling of animal premia

§ 3. For applications for livestock premiums in accordance with Articles 4 to 16 of Regulation (EC) No 1254/1999, OJ L 327, 30.12.1999, p. No. 21 to and including 2004, in addition to the provisions of Community law, the following provisions shall apply:

1.

The limit value for the granting of the special premium for male bovine animals per age group and holding is 200. There is no quantitative limit on the individual reference quantity for the granting of the suckler cow premium.

2.

The forage area shall be at least 0.1 hectare in size as a contiguous area, with the exception of a field of its own. The fodder area must be in the period of 1. Jänner will be available for animal husbandry until 31 July of the same year.

3.

For the purpose of granting the extensification payment, the stocking density of the holding, which shall be determined on the basis of five counting dates in the calendar year concerned, shall not exceed 1.4 GVU/ ha. Grassland is considered to be pasture land, where at least one growth is used as pasture for cattle or sheep.

4.

In order to confirm the average milk yield of the dairy herd, the financial statements determined by the Central Working Community of Austrian Cattle Breeders shall be taken into account if they have at least six consecutive operations within the Community. of a marketing year for a period of inspection. The data shall be taken into account only if they relate to the year of application at the time of submission of the application or to the year of inspection preceding the application.

5.

The suckler cow premium is to be administered separately for calves (heifers) and suckler cows. In so doing, the national ceiling for Kalim is the number of premium rights not allocated in the year in question from the national reserve. The premium shall be granted for Kaline with an age at the start of the retention period of eight to a maximum of 20 months, which shall be kept on an Austrian farm or in 2004 for applicants who have received the suckler cow premium. , and whose holdings do not have a supply reference quantity at the beginning of the 12-month period of application, but not more than 20% of the number of suckler cows requested in 2004. The suckler cow premium for Kalim can be applied for at most once in the life of a Kalbin. At the time of application, the farm has to be a member of a breeding organisation recognised by the respective agricultural chamber or state government and to deal with cattle rearing. This farm has, in respect of all bovine animals in which this is possible on the basis of age and breeding, performance surveys in accordance with the provisions of the Central Working Community of Austrian Cattle Breeders by the competent authority Control association. The suckler cow premium for KalWithin is to be used as a priority for applicants who do not have an individual limit but whose holdings do not have a quantity of supply, as a priority. The suckler cow quota may be granted only in the context of the granting of breeding holdings for farms which have an individual maximum limit but whose holdings do not have a supply reference quantity.

6.

Supplementary amounts shall be granted for:

a)

Kaline of milk breeds which are kept on an Austrian farm and which satisfy the conditions for the suckler cow premium for Kaline, but with the exception of belonging to a meat breed, as a stock premium: The stocking density of milk breeds is 2 GVE/ha up to 2001, 1.9 GVU/ ha in 2002 and 1.8 GVE/ha in 2003 and calendar year from 2003. The additional amount shall be granted on the same level as the suckler cow premium for Kaline, taking into account the additional national premium. If the suckler cow premium for Kaline comes to a reduction in the eligible animals, the number of eligible calamers of milk breeds shall be reduced to the same extent;

b)

dairy cows in the national mountain area where the stocking density of the holding does not exceed 1,4 GVE/ha in relation to the calendar year concerned. The provisions of Z 3 shall apply mutatily. The additional amount shall be EUR 21.50 per tonne of the premium reference quantity available in the holding on 31 March of each year, with a reference quantity of 4 650 kg of reference quantity per milk cow concerned;

c)

Slaughter scale as an additional amount to the slaughter premium, the additional amount being EUR 67,80 in the calendar year 2003 and EUR 60,80 in the calendar year 2004, and

d)

male bovine animals other than oxen for which the special premium has been applied for, as an additional amount to the slaughter premium, the additional amount being EUR 17.80 in the calendar year 2003 and EUR 15.50 in the 2004 calendar year.

7.

If, in a calendar year, a producer has submitted applications for the special premium, the suckler cow premium and the supplementary amounts for Kalim, the application for suckler cows under the suckler cow premium shall be applied first of all, and then the application to the Special premium, as a result of the application relating to the KalWithin within the framework of the suckler cow premium and, most recently, the application for the supplementary amount.

8.

The slaughter premium shall be granted only for those bovine animals slaughtered in slaughterhouses and slaughterhouses to which a veterinary inspection number for slaughter in accordance with section 44 (1) of the meat examination law, BGBl. No 522/1982, in the version currently in force. In the case of slaughter in another Member State, the slaughterhouses of Directive 64 /433/EEC on health problems relating to intra-Community trade in fresh meat, OJ L 64, 4.3.64, p. No. OJ L 121, 29 July 1964, p. The slaughterhouses must have a slaughter protocol. For calves aged from five months to less than seven months, this shall contain the carcass weight.

Granting of the milk premium

§ 4. In the period from 2004 to 2006, the additional payments are to be made in accordance with Article 96 of Regulation (EC) No 1782/2003, OJ L 327, 31.12.2003, p. No. 1. on the basis of the reference quantities available on 31 March of the 12-month period in question, in the form of a linear premium surcharge.

Calculation of the single farm payment

§ 5. (1) In the calculation of the single payment in accordance with Title III of Regulation (EC) No 1782/2003, the following shall be taken as follows:

1.

The following direct payments shall not be included in the reference amount:

a)

the suckler cow premium,

b)

the slaughter premium for calves,

c)

40% of the slaughter premium for bovine animals (excluding calves); and

d)

25% of the area-related aid for hops.

2.

For the calculation of the forage area, the fodder area identified and determined in the "area" of the "area" of the year 2004 shall be taken into account, except for the fodder area of the reference period 2000 to 2002. A farmer may, by way of derogation from the first sentence, request that, in any event, the area of feed of the "land" multiple application shall be used in 2004.

3.

For the determination of the reference data for sugar in 2006

a)

For the purpose of calculating the reference amount, sugar shall be granted to the farmer in the 2006 marketing year (2006/2007 marketing year) for the supply of sugar in accordance with the contract of supply, but without taking into account any reduction in the amount of sugar European Commission proposal or temporary quota adjustment on the basis of quantities of white sugar for the production of A sugar and for the production of B sugar based on the average price difference in the Marketing years 2002/03 to 2004/05; quantities of white sugar which are not in order to supply the national quota or from the additional sugar quota, should not be included;

b)

the reference surface shall be the sugar beet area indicated in the 2006 collection request, with at least the area used for the production of the quantity of white sugar referred to in the supply contract on the basis of a the sugar yield of 16 t/ha is required; for quantities of white sugar which do not serve to supply the national quota or come from the additional quota, an area corresponding to that quantity shall be deducted from the reference surface;

c)

shall, by way of derogation from lit, be used in the case of farmers who are entitled to supply white sugar quantities in the 2006 crop year but which did not specify sugar beet cultivation areas in the 2006 collection request. (a) and (b) the reference amount of sugar, on the basis of the right to supply white sugar, and the amount of sugar in lit. (a) the area defined for the production of the quantity of white sugar covered by the right to supply on the basis of a sugar yield of 10.26 tonnes per hectare shall be used as reference surface;

d)

where, in accordance with Article 41 (1a) of Regulation (EC) No 1782/2003, a corresponding amount is transferred to the national ceiling of the other Member State-for farmers who, in the 2005 cultivation year (2005/06 marketing year), have a Sugar undertakings in another Member State have concluded supply contracts, as a reference amount, the quantity covered by this supply contract in 2005 and the reference area used as the basis of the sugar beet area indicated in the 2005 collection request laid down.

4.

For the purposes of including the dairy premium, including additional payments, a Member State within the meaning of Article 22 (1) 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 set out in Title IV and IVa of the Regulation and the use of decommissioning areas for the production of raw materials, OJ L 327, 30.4.2004, p. No. 1. in the 12-month period 2006/07 of inactive milk producers, proof of the resumption of milk production at the latest in conjunction with the 2007 joint application.

(2) In addition to the cases referred to in Article 40 (4) of Regulation (EC) No 1782/2003, cases of hardship shall be:

1.

hailstorms and other weather-related events, provided that no aid could be granted for seed or raw tobacco,

2.

Cases in which the applicant has created all the conditions for the aid and the non-granting of the aid has been caused without his or her consent or culpable by the action of third parties; and

3.

the temporary use of land in the public interest

is considered. As a longer-term incapacity under Article 40 (4) of Regulation (EC) No 1782/2003, the case must be regarded as the case in which the farmer has an operating pension pursuant to § 149d of the farmers ' social security act, BGBl. No 559/1978, as amended, or equivalent occupational invalidity pension of another social security institution. Cases in which, on domestic land, products are treated in accordance with Article 1 of Regulation (EC) No 603/95 on the common organisation of the market in dried fodder, OJ L 327, 31.12.1995, p. No. 1 OJ L 63, 21.3.1995, p. 1, which have been supplied to a processing company in other Member States for drying on the basis of a processing contract. A hardship case is only available if the reference amount is at least 15% and 500 euro less than the average of the non-affected years of the reference period and of 2003 in the period of adverse effects. The farmer shall demonstrate the existence of a hardship case by means of appropriate documents or certificates and shall indicate the effects of the hardship case on the direct payments and, therefore, the calculation of the reference amount.

(3) A special case, in accordance with Article 42 (4) of Regulation (EC) No 1782/2003 and Articles 18 to 23 of Regulation (EC) No 795/2004, OJ L 327, 30.11.2004, p. No. 1 OJ L 141, 30.4.2004, p. 1. in the following cases:

1.

In the case of investments in the conversion or expansion of the production capacity for livestock production, if the conversion or extension was started by 15 May 2004 at the latest on the basis of existing plans, and the direct payments for those in the The single farm payment for 2005 included measures in 2003 and 2004 or, where direct payments are higher in 2004, by at least 10% and 1 000 euro in 2004, in relation to the reference amount. If the investment in the conversion or expansion of the livestock production facilities is to increase the operational production capacity between 30 September 2003 and 15 May 2004, and the increase in direct payments has been made in accordance with does not reach the first sentence, a fictitious amount of direct payments shall be used which, on the basis of the animal stock of the months of January to May 2005, shall be used for the calculation of the single payment and, in the appropriate application of the conditions, for the calculation of the single payment; the award of the premium would have been used. The extensification payment shall be taken into account in the calculation only if it was also granted in 2004. The amount of fictitious direct payment determined in this way must be at least 10% and 1 000 euro higher than the reference amount. Areas for which payment entitlements have been transferred in the context of the pre-transfer shall not be included in the calculation of the amount of the direct payment, except where those areas have been requested for the first time by the transferee in 2005.

2.

In the case of purchase of eligible land, if at the latest on 15 May 2004 the purchase contract for at least two hectares of eligible land has been concluded or the application has been submitted to the Grundverkehrskommission for the approval of the land purchase order and subsequently , and the direct payments for the measures included in the single farm payment in 2005 in 2003 and 2004, or, if the direct payments of 2004 are higher, in 2004, in relation to the reference amount, are at least 500 euros higher. If the purchase of at least two hectares of eligible land takes place between 30 September 2003 and 15 May 2004, no direct payment could be made for these areas until 2004, due to lack of availability, including the purchase of a direct payment for these areas. To allocate additional payment entitlements from the national reserve to the value of the originally allocated area payment entitlements, but to a maximum of EUR 300 per hectare, provided that the areas purchased are included in the a fictitious increase in the limit value of at least 500 euros. In the same way, a purchase of land shall be included if at least two hectares have been purchased in the sum of the purchases made in accordance with the first and second sentences. If the land purchase is carried out before 30 September 2003, an allocation of additional payment entitlements from the national reserve shall be considered in accordance with the first sentence if the farmer proves that he/she is responsible for such land a contract for direct payments up to and including 2004 was not possible. Areas for which payment entitlements have been transferred in the context of the pre-transfer shall not be included in the calculation of the amount of the direct payment, except where those areas have been requested for the first time by the transferee in 2005.

3.

For at least six years of lease of at least four hectares of eligible land or of economic buildings, if the lease contract has been concluded in writing and reported to the farmers ' social security institution no later than 15 May 2004, and , and the direct payments for the measures included in the single farm payment in 2005 in 2003 and 2004 or, where direct payments are higher in 2004, in 2004, in relation to the reference amount, by at least 1 000 The euro is higher. If the lease of at least four hectares of eligible land or commercial buildings is at least six years between 30 September 2003 and 15 May 2004, it has not been possible for these areas to be subject to availability up to and including 2004. In the case of a direct payment, additional payment entitlements from the national reserve shall be made available for these leased areas in the amount of the value of the originally allocated area-based payment entitlements, but not more than 300 euro/ha , if a fictitious increase in the number of areas under consideration is to be allocated Limit value of at least EUR 1 000. In the same way, a land lease shall be included if at least four hectares have been leased in the sum of the pairings carried out in accordance with the first and second sentences. Areas for which payment entitlements have been transferred in the context of the pre-transfer shall not be included in the calculation of the amount of the direct payment, except where those areas have been requested for the first time by the transferee in 2005.

4.

When a holding leased during the reference period is surrendered in accordance with Article 20 of Regulation (EC) No 795/2004, payment entitlements shall be allocated if the holding, which has been leased during the reference period and has now been transferred (-steep), has at least four ha Eligible surface area. However, payment entitlements from the national reserve shall be allocated only to those eligible areas for which no prior transfer of payment entitlements has been carried out.

5.

In the case of production conversion in accordance with Article 23 (2) of Regulation (EC) No 795/2004, payment entitlements shall be allocated if the direct payments for the measures included in the single farm payment in 2005 are in 2003 and 2004 or, if the 2004 direct payments are higher, are at least 10% and EUR 1 000 higher in 2004, based on the reference amount. Areas for which payment entitlements have been transferred in the context of the pre-transfer shall not be included in the calculation of the amount of the direct payment, except where those areas have been requested for the first time by the transferee in 2005.

6.

Farmers who have increased their production quota for tobacco in 2003 and 2004 compared with the reference period and have received a higher tobacco premium of at least EUR 3 000 shall be able to increase existing payment entitlements or to increase the number of tobacco products in the Community. Assign payment entitlements. The new reference amount of tobacco shall be calculated on the basis of the tobacco premium granted in 2003 and 2004 or, if the 2004 tobacco premium is higher, in 2004. If, in addition to the increase in the production quota and the tobacco premium fixed in the first sentence, an investment in areas according to Z 2 or 3 is demonstrated, payment entitlements shall be reallocated to the extent of the new areas. In the other cases, the payment entitlements determined in accordance with Article 48d of Regulation (EC) No 795/2004 shall be increased. The allocation or increase of payment entitlements shall be carried out in the national reserve within the limits of the tobacco ceiling, subject to the availability of appropriate funds.

7.

Farmers who are subject to the conditions laid down in Articles 20 or 22 of Regulation (EC) No 795/2004 and whose lease contracts expire after 15 May 2005, may, at the same time, apply the allocation of payment entitlements from the national reserve to: the next collection request to be submitted immediately after the lease contract has been completed. In such cases, payment entitlements must be allocated to the extent of the regional average per hectare of eligible land covered by the leasing contract and indicated in the application for collection.

(4) In application of Article 42 (3) of Regulation (EC) No 1782/2003, farmers who have started operations since the calendar year 2002, but no later than 31 December 2003, shall be holding an agricultural holding in their own name and on their own In the period considered, account must be taken and, in the reference period itself, no direct payments have been received or have been transferred by way of succession, payment entitlements based on the areas designated in the "Areas" multiple application in 2003 and 2004 for which they are subject to a right to direct payments was allocated for both years. If direct payments have been requested for the first time in the calendar year 2004, the payment entitlements shall be allocated on the basis of the corresponding area designated in the multi-application "Areas" 2004. However, areas for which payment entitlements have been transferred in the context of the pre-transfer are not included. Payment entitlements shall be allocated if, in respect of the measures included in the Single Farm Payment 2005, in 2003 and 2004, or, if the 2004 direct payments are higher, in 2004 direct payments of at least EUR 3 000.

(5) In application of Article 42 (5) of Regulation (EC) No 1782/2003, farmers who have more than 25% of their arable land during the reference period shall be subject to the following conditions:

1.

for the production of oil pumpkin, alternative strawberries, strawberries and other berries grown for a maximum of three years, vegetables or other potatoes other than those intended for the production of potato starch, and not for the production of potato starch, have received direct payments, or

2.

in the context of the biological management according to the special directive of the Federal Ministry of Agriculture, Forestry, Environment and Water Management for the Austrian programme for the promotion of an environmentally sound, extensive and natural environment in the case of arable farming as a forage area, the stocking density of the farm has not exceeded 0,5 RGVE per hectare of farmland,

The number of eligible land used in the reference period for the crops mentioned above, which exceeded 25% of the total area of the arable land, was allocated.

(6) The reference amount for the allocation of payment entitlements to special cases referred to in paragraphs 3 (1) to (5) and (4) shall be calculated on the basis of the direct payments for the measures of 2003 and 2004 included in the single farm payment in 2005. The average of the direct payments granted in 2003 and 2004 and the direct payments for 2004 should be compared and the higher of the two above-mentioned values should be used for the calculation. The value of the payment entitlement shall be in the case of the

1.

(4) per hectare of area to the extent of the regional average;

2.

(3) (2) and (3) per hectare of area to be included, to a maximum of EUR 300;

3.

3 Z 4, provided that no direct payments were applied for and granted in the years 2003 and 2004 as a result of the date of the surrender, per hectare of eligible area specified in the 2005 collection request, to the extent of the regional average.

,

(7) The regional average represents the average value of the total payment entitlements in the Federal Republic of Germany and amounts to 220 euro.

(8) The reduction to be made for the creation of the national reserve in accordance with Article 42 (1) of Regulation (EC) No 1782/2003 is 1.3%.

(9) The payment entitlements to be allocated from the national reserve pursuant to paragraph 3 (3) (1) to (5), (4) and (5) shall, where appropriate, be partially allocated in part in the national reserve and, in the following years, subject to the availability of appropriate funds. to the determined value.

(10) The farmer shall have to prove the existence of a special case by means of appropriate documents and to present the effects on production and on the calculation.

(11) In the context of a purchase, lease or other transfer of land from the transferor, a farmer shall keep the payment entitlements established for those areas during the reference period, the receiving farmer shall have the following: To assert payment claims at the latest on initial activation for the company's own operations. With this assertion, these payment entitlements shall also apply to the donor at the same time. For the purposes of ex-ante transfer of payment entitlements together with land, a farmer who carries out an agricultural activity shall also be a farmer who has pursued an agricultural activity during the reference period and is now has restricted agricultural activity on the grounds that it has made agricultural land.

Referral to the MOG

§ 6. Insofar as reference is made to the MOG in the regulations referred to in § § 1 and 2, these references shall be considered as references to the corresponding provisions of the MOG 2007.

In-force pedals

§ 7. This federal law occurs

1.

with regard to § 5 with 1. Jänner 2005 and

2.

as regards the other provisions of 1 July 2007

in force.

Article 3

Amendment of the AMA Act 1992

The AMA Act 1992, BGBl. No. 376, as last amended by the Federal Law BGBl. I No 108/2001, is amended as follows:

1. (constitutional provision) § 1 reads:

" § 1. (constitutional provision) The release and cancellation of regulations as contained in the present Federal Act, as well as their enforcement, are also in the matters of the Federal Republic of Germany, with regard to which the B-VG provides otherwise. To the extent that tasks are transferred to agricultural market Austria (AMA) by federal law or by regulations issued on the basis of federal laws, these matters may be provided directly by the AMA as a federal authority. "

2. § 4 (1) reads:

" (1) Institutions of the AMA are

1.

the Management Board,

2.

the Management Board and

3.

the control committee. "

Section 11 (1) reads as follows:

" (1) Members of the Management Board shall be:

1.

three representatives of the Conference of Presidents of the Austrian Chamber of Agriculture (Agriculture Chamber of Austria-LKÖ), including the Chairman,

2.

three representatives of the Federal Chamber of Labour, including the first deputy of the chairman,

3.

three representatives of the Austrian Chamber of Commerce, including the second deputy of the chairman and

4.

three representatives of the Austrian Trade Union Confederation, including the third deputy of the chairman. "

4. According to Article 11 (3), the following paragraph 3a is inserted:

"(3a) For the composition of the Management Board as amended with effect from 1 August 2007, the posts to be sent in accordance with paragraph 1 shall disclose the members leaving the Board of Directors to 8 August 2007."

5. § 12 Z 7 shall be deleted; the Z 8 to 10 shall be designated as Z 7, 8 and 9.

6. § 12 Z 11 are omitted; the Z 12 and 13 are designated as Z 10 and 11.

7. In § 12 Z 10, the quote "pursuant to Section 113 of the Market Rules Act" by quoting "according to § 23 MOG 2007" and at the end of the swab by "and" replaced.

8. In § 12 Z 11 the word order shall be "Presidential Conference of the Austrian Chamber of Agriculture" through the phrase "Presidential Conference of the Agricultural Chambers of Austria (Chamber of Agriculture of Austria-LKÖ)" and at the end of the dash replaced by a point.

9. § 12 Z 14 is deleted.

10. § § 15 and 16 are deleted.

10a. § 17 (7) reads:

"(7) Members (spare members) of the Supervisory Committee shall not be members of the Management Board or of the Management Board."

10b. In § 18 (1) and § 19 (2), the word shall be "Society" by the word "Companies" replaced.

11. § 19 (4) reads:

" (4) The financial plan for the next year (including the Staff Plan), together with an explanation, shall be submitted to the Management Board by 30 June of the current year for decision-making. The decision of the Administrative Board is to be submitted to the Federal Minister for Agriculture, Forestry, Environment and Water Management and the Federal Minister of Finance by 15 July of the current year at the latest. To the extent that this is necessary for the preparation of the federal budget, the AMA, at the request of the Federal Minister for Agriculture, Forestry, Environment and Water Management, has an estimate of the need for funds before the date set out in the first sentence. "

12. In Section 19 (5), the phrase "until 30 October of the current year" through the phrase "until 31 October of the current year" replaced.

13. § 19a is deleted.

14. In § 19b and § 40 (5) and (6) the word order shall be "Section F of the 1985 Market Rules Act" through the phrase "MOG 2007" replaced.

15. § 20 (1) reads:

" (1) The annual accounts of the household sector and the annual report are subject to the appropriate application of § § 189-except § 198 (8) (4) (4) (4) (lit). b)-to 243 Company Code-UGB, dRGBl. 219/1897, as amended, and to be examined by a statutory auditor under the appropriate application of § § 268 to 276 of the UGB. "

16. § 20 (4) reads:

" (4) The Management Board has the annual accounts and the management report and, in so far as there is a discharge decision, the discharge decision of the Administrative Board by 31 May of the following year to the Federal Minister for Agriculture, Forestry, Environment and Water management and the Federal Minister of Finance. The discharge will only be effective if it has been confirmed by both Federal Ministers. This confirmation shall be deemed to have been granted if it is not failed within one month after the date of the written discharge decision has been received by the Federal Ministers (date of the postmark). "

17. § 21a together with the title is:

" Contribution Purpose

§ 21a. (1) The agricultural marketing contribution (hereinafter referred to as the contribution) shall be levied for the following purposes:

1.

in order to promote and secure the sale of agricultural and forestry products and products derived therefrom;

2.

for the development and maintenance of markets for these products in Germany and abroad;

3.

to improve the distribution of these products;

4.

on the promotion of general measures to improve and ensure quality in respect of these products (in particular the relevant agricultural products) and to communicate information relevant to consumers the quality, consumer protection and welfare aspects of the animals and other product characteristics of these products;

5.

for the promotion of other marketing activities (in particular related services and personnel costs).

(2) Within the framework of the measures referred to in paragraph 1, AMA shall be empowered to lay down guidelines for the award and use of quality marks for the labelling of high-quality agricultural products and products derived therefrom. These guidelines are subject to the approval of the Federal Minister for Agriculture, Forestry, Environment and Water Management. Consent shall be deemed to have been granted, provided that no written objection has been made by the Federal Minister of Agriculture, Forestry, Environment and Water Management within a period of one month from the date of receipt. "

18. In § 21b Z 3, the word order shall be " Purchaser within the meaning of Art. 9 lit. Council Regulation (EEC) No 3950/92 on the levying of an additional levy in the milk and milk products sector " through the phrase " Purchaser within the meaning of Art. 5 lit. e Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector (OJ L 175, 5.7.2003, p. No. (OJ L 270, 21.10.2003, p. 123) replaced.

19. § 21b Z 8 reads:

" 8.

Calves: young bovine animals up to six months of age intended for slaughter; "

20. In § 21b, at the end of Z 15 the point shall be replaced by a stroke point and the following Z 16 shall be added:

" 16.

First placing on the market of wine:

a)

Purchase of wine in containers holding more than 50 litres of wine, together with the bottling of the wine purchased in containers holding up to 50 litres or less, or

b)

Production of wine from purchased grapes, together with the bottling of this wine produced from purchased grapes, in containers holding up to 50 litres of wine, or

c)

Shipment or export of this wine purchased or produced from purchased grapes in containers holding a content of more than 50 litres outside the territory of the Federal Republic of Germany. "

21. § 21c (1) Z 9 reads as follows:

" 9.

first placing on the market of wine "

22. § 21d together with headline reads:

" Contribution height

§ 21d. (1) The AMA has, by means of a Regulation, the level of contribution for the products referred to in Article 21c (1) (1) to (7), taking into account the market situation of the products concerned and the necessity and desirability of carrying out marketing measures; at most, however, up to the rates referred to in paragraph 2. Consideration shall be given, in particular, to the development of sales and to the revenue situation of domestic products in Austria and abroad.

(1a) The rates of contribution fixed for the calendar year 2007 by Regulation of AMA, Official Journal of AMA No 11/2006, shall continue to be applicable until a re-determination has been made in accordance with paragraph 1.

(2) The maximum contribution in euro per reference unit shall be:

1.

Milk ..................................................

€ 5.50 per tonne of milk taken over

2.

Cereals ...........................................................

3,50 € per t Trade grinding

3.

Cattle, intended for slaughter ...............

11.00 € per piece slaughtered beef

4.

Calves, intended for slaughter ...............

2,50 € per piece slaughtered calf

5.

Pigs, intended for slaughter ..............

2,50 € per piece slaughtered pig

6.

Lambs, sheep, destined for slaughter ......

2,50 € per piece slaughtered lamb, sheep

7.

Slaughtered poultry ..............................................................

2,50 € per 100 kg live weight

8.

Laying hens ...........................................

7,00 € per 100 pieces of laying hens

9.

Vegetables, pulled in the glass house....

727,00 € per ha

10.

Vegetables, dragged in the Foliage ...................

509,00 € per ha

11.

Fresh vegetables intensively (with at least two harvests per year and area) ..................

94,50 € per ha

12.

Fresh market vegetables extensively (one harvest per year and area) ............................................................

47,50 € per ha

13.

Inlay cucumbers .........................................................

36,50 € per ha

14.

other processing vegetables .....................

15,00 € per ha

15.

Intensive fruit building .......................................

73,00 € per ha

16.

Potatoes ..............................................................

29,50 € per ha

17.

Horticultural products ................................

€ 2.50 per ten flat units.

(3) For wine, the contribution amounts to 55,00 € per hectare of vineyard area (area contribution) and € 1.10 per 100 l of wine (contribution of literature).

(4) The AMA is empowered to lay down more detailed provisions by means of a regulation as regards the payment of the agricultural marketing contribution for wine, in particular the conditions and conditions under which an already paid area contribution shall be made available to the AMA. can be credited to the literature contribution. "

23. In § 21e Para. 1 Z 3, the phrase " Fleischuntersuchungsgesetz, BGBl. No. 522/1982 " through the phrase " Food Safety and Consumer Protection Act-LMSVG, BGBl. I No 13/2006, as amended, ' replaced.

24. § 21e (1) Z 6 reads:

" 6.

in the case of vegetables and fruit, the areas under vegetable and fruit planting, provided that the areas per farmer in the case of glass or film management have a minimum dimension of 400 m², and where free-land management has a minimum dimension of 0.5 ha; "

25. § 21e para. 1 Z 9 reads:

" 9.

for wine with regard to the area contribution by the managers of the vineyard areas, which exceed a total quantity of 0.5 ha per farmer, as well as the winegrowing cooperative or the holder of the trading company, in respect of the contribution of the litre, the (der) Wine first placed on the market. "

26. 21g para. 1 becomes the phrase "in the cases of § 21f (1) Z 5, the" by the word order " for the previous year in the cases of § 21f paragraph 1 Z 5 lit. a den for the current year and in the cases of § 21f paragraph 1 Z 5 lit. b and c den for the previous year ".

27. § 21g (3) last sentence reads:

"In the case of late payment, the AMA may, in so far as it does not mean an undue hardship in individual cases, require the addition of sowing surcharges."

28. In accordance with section 21l (2), the following paragraph 2a is inserted:

" (2a) In the case of punishments as referred to in paragraph 1, the district administrative authority shall be responsible in the first instance in which the contribution debtor has its principal residence in the sails of which the debtor has been named. Where the debtor is a legal person, a civil society of commercial law or a registered labour force, the place of residence of the person concerned shall be the seat of the person concerned; in the absence of a registered office, the principal shall be the place where the principal shall be: the activity is carried out. "

29. § 22 (3) reads:

"(3) If no collective agreement is applicable, the Administrative Board of the AMA shall adopt guidelines for the organisation of employment relationships of newly recorded workers."

30. According to Article 22 (3), the following paragraph 4 is inserted:

"(4) The Board of Directors of AMA is collectively contractable on the employer's side to regulate the employment relationships of AMA's employees."

31. In § 25 (1) the word order shall be deleted "and the specialised committees" .

32. § 29 (3) and (4) are:

" (3) Insofar as the provisions of the 1985 Act on the Law of the Market, the Mühlengesetz 1981, the Livestock Law 1983 or the MOG 2007 permit appeals, the Federal Minister of Land and Land can appeal against the proceedings of the competent organ of the AMA. Forestry, the environment and water management and the Mühlen business unit will be levied to the Federal Minister for Economic Affairs.

(4) As far as the provisions of the Federal Tax Code are to be applied in the implementation of administrative procedures, the Federal Minister for Agriculture, Forestry, the Environment and Water Management may, under the appropriate use of § § 86a, 90a and 97 3 BAO, by means of a regulation, stipulate that and under which conditions the application may be made by way of automation-supported data transmission. "

33. § 31 (1) reads:

"(1) The AMA is exempt from the stamp and legal fees and from the federal administrative charges."

34. In Section 31 (3), the phrase "within the meaning of Section 94 of the Rules of the Market Rules Act 1985" through the phrase "within the meaning of § 3 MOG 2007" replaced.

35. § 39a together with the headline is:

" Establishment of companies

§ 39a. The AMA may establish capital companies in the form of limited liability companies for the performance of the tasks assigned to it in accordance with Section 3 (1). "

36. In § 40 (3), the phrase " purchasers within the meaning of Art. 9 lit. Council Regulation (EEC) No 3950/92 of 28 November 1992 on the levying of an additional levy in the milk and milk products sector (OJ L 397, 31.12.1992, p. No. OJ L 405 of 31 December 1992, p. 1) through the phrase " purchasers within the meaning of Art. 5 lit. e Regulation (EC) No 1788/2003 " replaced.

37. The following paragraphs 7 and 8 are added to § 40:

" (7) The AMA is personal data which is part of the veterinary information system (VIS) in accordance with § 3 of the Animal Labeling and Registration Ordinance 2005, BGBl. 210, where such data is an essential condition for the completion of the tasks assigned to it.

(8) Data which are identified and processed by the AMA in the context of the enforcement of the tasks assigned to it pursuant to § 3 (2) (3) (3) (3) (3) shall be allowed within the framework of the implementation of the classification systems within the AMA and with those of the approved Classification services are transmitted for the purpose of the exchange of data. "

38. § 43 (1) shall be replaced after Z 13, instead of the point, and the following Z 14 to 17 shall be inserted:

" 14.

(constitutional provision) with regard to § 1 in the version of the Federal Law BGBl. (I) No 55/2007, 1 July 2007,

15.

as regards § 4 (1), § 12 Z 7 to 11, the case of § 12 Z 14, the case of the case of § § 15 and 16, § 17 para. 7, § 18 para. 1, § 19 para. 2, 4 and 5, the case of § 19a, § 19b, § 20 (1) and 4, § 21a, § 21b Z 3, 8 and 16, section 21c (1), (9), § 21d (1), (1a), (2) and (4), § 21e (1), (3), (6) and (9), § 21g (1) and (3), § 21 (2) (a), § 25 (1), § 29 (3) and (4), § 31 (1) and (3), § 39a and § 40 (3) and (5) to (8), as amended of the Federal Law BGBl. (I) No 55/2007, 1 July 2007,

16.

as regards Section 11 (1) and (3a) in the version of the Federal Law BGBl. (I) No 55/2007 as of 1 August 2007,

17.

as regards Section 21d (3) and Section 22 (3) and (4) as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 55/2007 with 1. Jänner 2008 ".

Article 4

Amendment of the Wine Act 1999

The Wine Act 1999, BGBl. I n ° 141, as last amended by the Federal Law BGBl. I No 87/2005, shall be amended as follows:

1. § 21 para. 3 Z 1 lit. h is:

" h)

Wagram:

the political district of Tulln, with the exception of the municipality of Sitzenberg-Reidling, the municipality of Stetteldorf on the Wagram, and the county of Klosterneuburg; "

2. In § 21 para. 3 Z 1 lit. l becomes the word "Korneuburg" through the phrase "Korneuburg, except the municipality of Stetteldorf on the Wagram," replaced.

3. In § 27, paragraphs 3 and 4 are deleted; paragraphs 5 to 8 receive the sales designations. "3" to "6" .

5. In § 27 (5) the phrase "Weinbauregion Steiermark" through the phrase "Weinbauregion Steirerland" replaced.

6. In § 31 (12), the word "four" by the word "five" and the number "10 000" by the number "20 000" replaced.

7. § 35 (1) first sentence reads:

' Each producer of grapes from which wine has been obtained shall, on the date of 30 November, annually until 15 December of the municipality in whose area the premises are situated, a harvest and production report together with the updated main data collection sheet or electronically to be reimbursed by the Federal Ministry of Agriculture, Forestry, the Environment and Water Management by means of the wine database. "

8. § 36 para. 2 reads:

"(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to lay down, by means of regulations, sizes, shapes, colours, movements and labeling of the banderoles as well as the handling of the edition of the banderole."

9. § 36 (3) and (4).

Section 79 is added to the following paragraph 4:

" (4) § 31 (12) in the version of the Federal Law BGBl. I n ° 55/2007 shall enter into force 1. Jänner 2008 in force. § 36 in the version of the Federal Law BGBl. I n ° 55/2007 will enter into force on 15 May 2008. Wine up to and including the vintage 2007 may continue to be placed on the market, subject to compliance with the provisions of the previous legislation. "

Article 5

Amendment of the Forest Act 1975

The Forestry Act 1975, BGBl. No 440, as last amended by the Federal Law BGBl. I No 87/2005, shall be amended as follows:

1. The following sentence shall be added to Article 18 (2):

" If an agreement cannot be established at the time of the grant of the grubbing-up authorization, it is possible to pre-establish a substitute performance with the effect that the approved grubbing-up may not be carried out until the holder of the Grant of a robe has been established by the written agreement with the property owner on the implementation of the authority's replacement performance. "

2. § 104 (4) second sentence reads:

" The Austrian citizens are-as far as they are not concerned with the functions of a forest protection body in accordance with § 110-on an equal footing:

1.

Nationals of a Member State of the European Union (Union citizens) or

2.

Nationals of a Contracting Party to the Agreement on the European Economic Area as regards the professions referred to in Article 105 (1) (1) to (4) or

3.

Nationals of Switzerland with regard to the professions according to § 105 (1) Z 1 to 4 or

4.

Foreign residents who have a residence permit with an unlimited right of establishment in accordance with § § 45, 48 or 81 (2) of the German Law on the Law of the Netherlands and the Residence Act, BGBl. I No 100/2005. '

2a. In § 105 paragraph 1 Z 1 lit. a becomes after the phrase "Universität für Bodenkultur Wien" the phrase "or in accordance with § 106 (3a) Z 2" inserted.

2b. In § 105 paragraph 1 Z 1 lit. b and Z 2 lit. b will be the expression "Bakkalaureatsstudiums" by "Bachelor's degree" replaced.

2c. In § 105 (1a) the expressions shall be "Magister Studies" each by "Master Studies" replaced.

3. § 106 (3) Z 1 reads as follows:

" 1.

the successful completion of the training pursuant to § 105 (1) (1) or (2) or one of these training courses in accordance with § 109 (3) as an appropriately recognised professional qualification and "

3a. According to Article 106 (3), the following paragraph 3a is inserted:

"(3a) In the event of a successful completion of the diploma course of the study course" Forestry "in the study direction" forestry and timber industry " according to the study plans 2000 or 2002 at the University of Soil Culture Vienna are for admission to the To recognise the State Audit for the higher forest service:

1.

by way of derogation from paragraph 3, the periods of practical activity referred to in paragraph 3 (2), which have begun until 29 February 2008 at the latest, which are after completion of the course of studies and prior to the completion of the supplementary courses; and

2.

by way of derogation from § 105 (1) (1) (1), the evidence of successful completion

a)

the courses held by the Federal Research and Training Centre for Forest, Natural Hazas and Landscape, or

b)

the continuing training courses held by the University of Natural Resources and Natural Resources, Vienna,

if these courses are taught in accordance with § 105 (1) (1) (1) (1) a content is equivalent. "

4. The heading of § 109 reads:

"Recognition of foreign professional qualifications"

5. § 109 (3) to (7) are:

" (3) Nationals pursuant to § 104 (4) (1) to (4) shall be informed of the application of access to a profession pursuant to Section 105 (1) (1) to (5) or the exercise thereof by recognition of the professional qualifications acquired in those States (the State of origin). Federal Minister for Agriculture, Forestry, the Environment and Water Management, in accordance with the conditions set out in paragraphs 4 to 7, or, if necessary, dependent on the provision of compensatory measures in accordance with § 109a, or otherwise, failure.

(4) The applicant shall have the right to access or exercise the same profession in the State of origin

1.

is regulated to provide evidence of formal qualifications or qualifications required in the Member State of origin to take up or pursue that profession;

2.

is not regulated, to prove that he has pursued this profession for two years in the ten years preceding the application date and is in possession of one or more qualifications or qualifications.

In addition, the person whose professional qualifications are recognised must have the knowledge of the German language required for the exercise of the profession in question. The same profession shall be considered to be the profession for which the applicant is qualified in the country of origin if the activities which he/she includes are comparable.

(5) The two-year professional experience referred to in paragraph 4 (2) may not be required if the evidence submitted by the applicant provides for the conclusion of a regulated training within the meaning of Article 3 (1) (lit). e Directive 2005 /36/EC with the qualification levels referred to in Article 11 lit. b to e of this Directive.

(6) Qualifications or qualifications as referred to in paragraph 4 (1) and (2) shall be required to:

1.

be issued by a competent authority of the country of origin,

2.

Certify that at least the following professional qualifications have been successfully completed:

a)

in the case of the Forestry Assistants or Forestry Assistants, training within the meaning of Art. 11 lit. (d) Directive 2005 /36/EC,

b)

in the case of the professional forester, an education within the meaning of Art. 11 lit. (b) Directive 2005 /36/EC,

c)

In the case of the Forestry Occupation or Forestry Occupations, training within the meaning of Art. 11 lit. (a) Directive 2005 /36/EC and

3.

in the case referred to in paragraph 4 (2), certify that the holder has been prepared for the exercise of the profession concerned.

(7) The Federal Minister for Agriculture, Forestry, the Environment and Water Management

1.

, within one month, to confirm receipt of the dossier to the applicant or, if necessary, to remedy the deficiencies and

2.

by no later than four months from the date of receipt of the complete dossier, the decision referred to in paragraph 3 shall be adopted. "

6. According to § 109, the following § § 109a and 109b together with the respective heading are inserted:

" Compensatory Measures

§ 109a. (1) In the communication pursuant to section 109 (3), the recognition of professional qualifications shall be conditional upon the applicant either successfully completing an adaptation period or taking an aptitude test, if:

1.

the duration of the training which the applicant certifies as a result of the qualifications or qualifications referred to in § 109 para. 6, is at least one year under the respective training period required pursuant to § 105 (1), or

2.

the previous training of the applicant relates to subjects which differ substantially in duration or content from those of the respective training in accordance with § 105 (1), or

3.

the regulated profession in the country of origin does not include professional activities which form part of an occupation in accordance with Article 105 (1) (1) to (5), and this difference in a special domestic training and the diversity of subjects in the sense of of Z 2.

(2) In the case of the advance of an adaptation period or an aptitude test, proportionality must be maintained. In particular, it must also be examined in advance whether the knowledge acquired in the context of professional experience can fully or partially compensate for the differences in the training referred to in paragraph 1 (2) or (3).

(3) The adaptation period shall be considered as a practical activity in areas relevant to the exercise of the profession concerned, under the responsibility of a leading forest institution in the case of the profession

1.

Forestry manager or forester for a period of two years,

2.

Forestry assistant up to a duration of 11/2 years,

3.

Forstadjunkt up to a period of one year,

4.

Forest warden up to a period of three months,

including, where appropriate, additional training accompanied by such additional training. If recognition concerns the profession of forestry and forestry assistant, the responsible executive body must be a forestry manager, otherwise it may be a forester or forester.

(4) After completion of the adaptation period, a written assessment of the applicant ' s activities shall be made without delay by the responsible executive body, which detailed information on the suitability of the applicant shall be submitted to the applicant. Professional practice must include and justify the reasons for this. On the basis of this assessment and the results of the additional training, the Federal Minister for Agriculture, Forestry, Environment and Water Management has to assess the applicant's success.

(5) In the aptitude test, the professional qualifications of the applicant must be taken into account and the applicant has to cover subjects of particular interest,

1.

whose knowledge is an essential condition for the exercise of the respective profession in accordance with Article 105 (1), and

2.

which are not covered by the training of the applicant in comparison with the training required in accordance with § 105 (1).

(6) The aptitude test is for the professions

1.

Forestry and forestry assistant before the examination board of the State Examination Commission for the higher forestry service,

2.

Förster, Forstadjunkt and Forstwart in front of the Examination Senate of the State Examination Commission for the Forersterdienst

,

(7) The aptitude test can be taken at the respective dates of the state examination for the senior forestry service. At the latest two months before, the examiner has to inform the Federal Minister for Agriculture, Forestry, Environment and Water Management in writing of the intended examination. At the latest four weeks before the scheduled date of the examination, the examination advertiser must be charged with the place and the start of the examination. Before the examination begins, the examiner has to provide proof of identity to the chairman of the examination board and to submit the communication in accordance with § 109 para. 3. If the examination has passed, a certificate must be issued to the examination candidate, otherwise the negative evaluation shall be communicated to him. The test can be repeated twice. A record is to be written about the examination procedure.

Freedom of services

§ 109b. (1) Without prejudice to other national or national legal provisions and specific provisions of Community law, the following paragraphs shall apply in the event that a national pursuant to Section 104 (4) (1) of the Directive on the temporary and occasional Provision of services which include activities of the professions according to § 105 (1) (1) (1) to (5), to Austria. The temporary and occasional nature of the provision of services shall be determined on a case-by-case basis, in particular by the duration, frequency, periodicity, recurrence and continuity of the service.

(2) The services referred to in paragraph 1 may not be restricted on the basis of professional qualifications if the service provider

1.

is lawfully established in one of the States referred to in § 104 (4) (1) (establishment) in order to exercise the same profession, and

2.

has exercised this profession in the State of establishment for at least two years in the previous ten years, provided that the profession or training in the country of establishment is not regulated.

(3) The service provider has in writing details of an insurance cover or an insurance cover to the Federal Minister for Agriculture, Forestry, the Environment and Water Management before the first-time service relating to a stay in Austria. to report any other kind of individual or collective protection in relation to professional liability. This notification shall be renewed annually if the service provider intends to provide services within the meaning of paragraph 1 during the year in question. In the case of the initial provision of services or in the event of a substantial change in the situation certified by the documents referred to below, the notification shall be accompanied by the following:

1.

proof of the nationality of the service provider;

2.

a certificate that the service provider is lawfully established in the country of establishment for the purpose of carrying out the activities in question and that such activity is not permanently or temporarily prohibited,

3.

a professional qualification certificate,

4.

where appropriate, proof of professional practice within the meaning of paragraph 2 (2),

5.

Times and places of prospective services and

6.

Types of service activity.

(4) The service is to be provided under the professional title of the country of establishment, provided that such a service exists. The professional title must be given in the official language of the country of establishment and in the form in which it is not possible to confuse the relevant professional title in accordance with section 105 (1). Otherwise, the service provider shall indicate the evidence of formal qualifications in the official language of the establishment State.

(5) If service activities are to be carried out for the first time which may affect public health and safety, such as in particular the planning or supervision of construction in the case of a lighting system, the provision of the service may only take place if: The Federal Minister for Agriculture, Forestry, the Environment and Water Management carried out an examination of the professional qualifications of the service provider in accordance with the provisions of paragraphs 6 to 8 and allowed the service to be carried out or to a review has not, or has not, been silent.

(6) The verification shall be limited to preventing the serious impairment of public health or safety due to the professional qualifications of the service provider.

(7) The service provider shall be responsible for verifying that an essential difference between the professional qualifications of the service provider and the relevant training in accordance with § 105 (1) exists between the professional qualifications of the service provider and that the difference between the professional qualifications of the service provider is detrimental to the public health and safety. in the case of a successful completion of an aptitude test in less than one month, or another appropriate compensatory measure, to demonstrate the lack of knowledge and skills.

(8) The decision on the verification or notification that no such decision is carried out shall be taken within one month of receipt of the complete notification in accordance with paragraph 3. If a decision is not possible within this period, the reason for the delay shall be notified to the service provider. The decision shall be taken within two months at the latest. If the communication or the decision is not carried out within these time limits, the service may be provided.

(9) In the event that the service is provided under the professional title of the country of establishment or on the basis of the proof of training of the service provider, the service provider shall inform the recipient of the service to be informed of:

1.

the registration in a commercial register or a similar public register, consisting of a number or equivalent identification and a registered name, provided that such registration is in place,

2.

the name and address of the competent supervisory authority, provided that the activity in the State of establishment is subject to authorisation;

3.

the professional chamber or similar organisations to which the service provider belongs,

4.

the professional title or, in so far as it does not exist, the proof of training of the service provider and the Member State which has awarded the professional title or has issued the certificate of training,

5.

the VAT identification number, provided that the service provider carries out a VAT-taxable activity; and

6.

details of the insurance cover or of any other type of individual or collective protection in respect of professional liability. "

7. In the sections § 117 (1), 119 (2) and 122 (1) (1), the word order shall be "Federal Minister for Education, Science and Culture" through the phrase "Federal Minister for Education, Arts and Culture" replaced.

8. The following paragraph 7 is added to section 179 (6):

" (7) § 104 (4), § 106 (3) Z 1, § 109 (3) to (7), § 109a, § 109b and § 183b in the version of the Federal Law BGBl. I n ° 55/2007 is 20. October 2007, in force. "

9. According to § 183a, the following § 183b together with the heading is inserted:

" Reference to Community law

§ 183b. The following acts of the European Community are implemented by this Federal Act:

1.

Directive 2005 /36/EC on the recognition of professional qualifications, OJ L 327, 30.4.2005, p. No. 22, as amended by Directive 2006 /100/EC, OJ L 255, 30.9.2006, p. No. OJ L 363, 20.12.2006 p. 141,

2.

Directive 2003 /109/EC on the legal status of third-country nationals who are long-term residents, OJ L 327, 31.12.2003, p. No. OJ L 16, 23.1.2004, p. 44.

10. In Section 185 (1) (5) and (5), the word order shall be "Federal Minister for Education, Science and Culture" through the phrase "Federal Minister for Education, Arts and Culture" replaced.

11. In § 185 (6) the expression "§ § 18 to 20" by the expression "§ § 17 to 20" replaced.

Article 6

Amendment of the Plant Protection Products Act 1997

The Plant Protection Products Act 1997, BGBl. I n ° 60, as last amended by the Federal Law BGBl. I n ° 83/2004, shall be amended as follows:

1. In § 2 para. 10 the word order shall be "the holding for sale" through the phrase "the storage and holding of stock for the purpose of sale or other delivery to others" replaced.

2. § 11 (2) Z 1 shall not apply; the Z 2 and 3 shall be designated as Z 1 and 2 .

3. § 34 (4) reads:

" (4) The Federal Office for Food Security has party status, including the power of appeal in proceedings under this Federal Act, which are carried out before the district administrative authorities or independent administrative senates in the countries. The Federal Office of Food Security is to be granted the modesty. The Federal Office For Food Security has the right to appeal to the Administrative Court of Justice. "

Article 7

Amendment of the Agricultural Law 1992

The 1992 Agriculture Act, BGBl. No 375, as last amended by the Federal Law BGBl. No 420/1996, shall be amended as follows:

1. § 8 (1) reads:

" (1) The Commission shall:

1.

Reimbursement of recommendations to the Federal Minister for Agriculture, Forestry, Environment and Water Management, taking into account the development in agriculture for the following calendar year, taking into account the objectives of § 1 the necessary measures;

2.

Participation in the preparation of the report in accordance with Article 9 (2) on the economic situation of agriculture in the previous calendar year (Green Report) and

3.

participation in the creation of rural development programmes and the development of eligibility criteria for such programmes as a result of Community standards for submission to the European Commission. "

Section 9 (1) reads as follows:

" (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to submit a report to the Federal Government by 15 September each year on the development and economic situation of agriculture in the past. The calendar year as well as the measures required in accordance with § 8 (1) Z 1 in the following calendar year as well as any decisions pursuant to § 8 (1) Z 3 (Green Report) shall be included. "

Fischer

Gusenbauer