100. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management with horizontal rules for the area of the common agricultural policy (horizontal CAP Regulation)

On the basis of § 6 (2) and (4), § 8 (2), § 12, § 22, § 27 (2) and § 28 of the Market Order Act 2007 (MOG 2007), BGBl. I n ° 55/2007, as last amended by the Federal Law BGBl. I n ° 47/2014-as regards Section 12 (3) in agreement with the Federal Minister for Health-decreed:

Section 1

General provisions

Key legal bases of the EU

§ 1. This Regulation shall be used for

1.		of Regulation (EU) No 1306/2013 on the financing, management and control system of the common agricultural policy and repealing Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008, OJ No. OJ L 347, 20.12.2013 p. 549,
2.		Regulation (EU) No 1307/2013 laying down rules for direct payments to farmers under support schemes of the common agricultural policy and repealing Regulation (EC) No 637/2008 and (EC) No 73/2009, OJ L 378, 27.11.2009, p. No. OJ L 347, 20.12.2013 p. 608,
3.		the delegated regulation (EU) No 639/2014 supplementing Regulation (EU) No 1307/2013 laying down rules for direct payments to farmers under support schemes for the common agricultural policy and amending the Annex X to the above Regulation, OJ L 327, No. OJ L 181, 20.06.2014 p. 1,
4.		the delegated regulation (EU) No 640/2014 supplementing Regulation (EU) No 1306/2013 as regards the integrated administration and control system and the conditions for the rejection or withdrawal of payments, and for administrative sanctions in the Framework of direct payments, rural development and cross-compliance, OJ C 327, 28.4.2002, p. No. OJ L 181, 20.06.2014 p. 48,
5.		Implementing Regulation (EU) No 809/2014 laying down detailed rules for the application of Regulation (EU) No 1306/2013 as regards the integrated administration and control system, rural development and cross-compliance measures, OJ L 139, 30.4.2013, p. No. OJ L 227, 31.07.2014, p. 69,
6.		the delegated regulation (EU) No 907/2014 supplementing Regulation (EU) No 1306/2013 with regard to the paying agencies and other bodies, the financial management, the closure of the accounts, the collateral and the use of the euro, OJ L 327, 28.2.2013, p. No. OJ L 255, 28.08.2014 p. 18 and
7.		Implementing Regulation (EU) No 908/2014 laying down detailed rules for the application of Regulation (EU) No 1306/2013 as regards the paying agencies and other bodies, the management of funds, the clearance of accounts and the rules on controls, Collateral and transparency, OJ C No. OJ L 255, 28.08.2014 p. 59.

Responsibility

§ 2. Agricultural market Austria (AMA) is responsible for the perception of imprest tasks. In particular, the AMA shall be responsible for:

1.		the determination of the reference parcels in accordance with § 15,
2.		the creation and maintenance of the Landscape Element Ayer pursuant to § 14 Z 5,
3.		the electronic provision of the pre-defined forms and cartographic documents pursuant to Article 21 (2) (1) and (2),
4.		the receipt of applications and advertisements for transmission by means of automation-assisted data processing (online application), after transmission (by uploading) by electronic means (e-application) or in paper form (paper application),
5.		the control of cross-compliance regulations, in so far as these are not to be carried out in accordance with Section 24 by the competent authorities.

Procedure for the application

§ 3. (1) All applications and advertisements which, pursuant to Article 67 (2) of Regulation (EU) No 1306/2013, with the exception of applications for authorization pursuant to Art. 21 (1) (1) (1). a and Art. 34 of Regulation (EU) No 1305/2013 on the promotion of rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EC) No 1698/2005, OJ L 327, 22.11.2005, p. No. OJ L 347, 20.12.2013 p. 487, as well as in accordance with Article 35 (1) (lit). (b) and (c) of Regulation (EU) No 1303/2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund, as well as general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund, and repealing Regulation (EC) No 1083/2006, OJ L 327, 30.12.2006 No. 320,-are covered by the integrated administration and control system (INVEKOS), are available on the website 'www.eama.at' at the AMA

1.		through automation-supported and structured data transmission and using the provided online forms (online application) or
2.		by electronic means using the available forms by uploading a form or document signed by hand (E-request)
. In order to ensure data integrity for online applications, in accordance with the state of the art, each transmission has to be encrypted (transport encryption) and is also an encryption of the contents by asymmetrical data. To provide encryption methods (content encryption).

(2) By way of derogation from paragraph 1, applications in paper form, by means of e-mail or fax may be submitted if this is expressly made possible on the AMA's homepage and on the applications and advertisements made available.

(3) Holders who do not submit the applications referred to in paragraph 1 directly either online or by electronic means directly to the AMA may be able to use the Chamber of Agriculture. The Chamber of Agriculture has to offer such assistance to farmers.

(4) Data security measures must be taken for a necessary access to individual operational data for the activities of the Chamber of Agriculture referred to in paragraph 3, taking into account the state of the art and the performance of the implementation of the data. Cost a level of protection appropriate to the risks arising from the use and the nature of the data to be protected. In particular, the protocol must be carried out in order to ensure that the actual uses, such as changes, queries and transmissions, can be traced to the extent necessary in terms of their admissibility. The use of the data by the Chamber of Agriculture shall be permitted only if and to the extent necessary for the proper performance of its activity in support of the farmer within the framework of this Regulation.

(5) Where a request referred to in paragraph 1 is submitted in accordance with paragraph 3, the staff member of the Chamber of Agriculture shall have the identity of the applicant, or, if the applicant is represented by another person, the identity of the applicant. To verify the existence of an authorization to submit the application and to confirm with its electronic identification that it has entered the application on behalf of and in accordance with the specifications of the respective holder. The operations and omissions of the staff of the Chamber of Agriculture are to be attributed directly to the farmer.

(6) The online application for the multi-application area is based on a clear electronic identification of the holder according to § 4 of the E-Governmentgesetz (E-GovG), BGBl. I n ° 10/2004. The other applications and advertisements referred to in paragraph 1, as well as the first sentence for the application years 2015 to 2017, also of the multi-application areas may be made using the eAMA PIN code of the holder. In order to avoid abuses, appropriate technical and organisational measures shall be taken to ensure that the application or notification can only be submitted by the person designated as the applicant. Farmers who do not apply for unambiguous electronic identification shall have their application or display subject to their own signed undertaking or other declaration from which the consent to the application or the application of the application shall be made subject to the Display is to be attached. In this case, the application or the ad is not made until the declaration has been made in the AMA. The possibility, instead of the unequivocal electronic identification of the holder, should be accompanied by the self-signed (commitment) declaration, but only up to and including the calendar year 2020.

(7) Paper applications referred to in paragraph 2, which are submitted with the aid of the Chamber of Agriculture, shall be forwarded in the original of the AMA. For the timeliness of the application, its inclusion in the AMA is decisive. Paragraphs 3 to 5 shall apply mutaly to the procedure in the filling of the paper applications. In addition, the undersigned commitments in accordance with paragraph 6 in paper form of the AMA must be forwarded for storage.

(8) The AMA has to record when the data of the applications have been received by the AMA (day and time in the case of online applications and/or applications). This Protocol shall be kept for a minimum of three years, and shall be notified to the person in question, on request, on request.

(9) If a timely submission of the online applications cannot be ensured by longer lasting technical problems in the eAMA area, the AMA shall immediately have the necessary (replacement) measures on its homepage to enable it to be submitted. to make a timely application known.

Display period in case of transfers

§ 4. The transferor and the transferee shall notify the transfer of the holding without delay but no later than 15 April of the year following the transfer of the operation, except in the case of the notice of delay which is due to circumstances which do not apply to the transfer of the holding. of the sphere of influence of the superimer and the contractor.

State aid in the case of transfer of works

§ 5. If, after the submission of an aid application and before all the conditions for the granting of aid are fulfilled, an establishment is transferred from one farmer to another farmer in full with the aid of all the undertakings, the Aid for the operation transferred shall be granted to the applicant (transferor), provided that all the conditions for the granting of the aid are fulfilled even in the transferred operation.

Control Report

§ 6. (1) If the on-the-spot check is carried out by means of remote sensing in accordance with Article 40 of Regulation (EU) No 809/2014, the farmer shall not be given an opportunity to submit the control report if, in the course of the inspection, the inspection is carried out by: Remote sensing has not been found to be irregularities.

(2) An electronic control report prepared for the on-the-spot check shall not be transmitted to the farmer if no irregularities have been detected in the control and the farmer has been handed over to the short report.

Minimum amount of aid granted

§ 7. The AMA may depart from the grant of an aid if:

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

Recovery

§ 8. (1) Under the application of Article 54 (3) of Regulation (EU) No 1306/2013, AMA may withdraw from the recovery of an amount not exceeding EUR 100 (exclusive interest) per beneficiary and individual payment if the official authorities are The administrative burden is disproportionate to the amount of the amount to be recovered.

(2) Interest in the event of recovery shall be subject to the provisions of Article 7 (2) of Regulation (EU) No 809/2014, or Article 27 (1) of Regulation (EU) No 908/2014 is calculated after the expiry of a four-week payment period. The payment period begins with the delivery of the recovery request, the delivery being presumed on the third working day after the postal task.

(3) Subpayments and partial compensation shall first be credited to the capital and only after the capital's repayment of the capital.

Viewing administrative sanctions

§ 9. (1) A demonstration of administrative sanctions pursuant to Article 77 (2) of Regulation (EU) No 1306/2013 may be provided, in particular, by means of concrete evidence that and to what extent the application for the land

1.		to the outcome of the last previous on-the-spot check,
2.		the recognition that the reference plot was inaccurate was not reasonable,
3.		the incorrectness of digitalization could not be recognized,
4.		the deviations from the digitisation to the result of the on-the-spot check, which was detected with newer technical aids, were not discernable, or
5.		the digitisation with the EU legal requirements for the eligible area and in the case of alms with the requirements according to § 19 and In the case of Hutweiden with the specifications according to § 22 (1) Z 9 lit. a is in accordance.

Where two or more farmers for one and the same reference plot apply area-related payments and overlap the declared areas or exceed the eligible maximum area of the reference parcels, the following shall be applied to the Farmer who has been in his or her own right within his or her in the previous application, do not apply administrative sanctions, except where another farmer has his right to apply for that area.

Notice of determination

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

Participation obligations

§ 11. The farmer shall have any change leading to the fact that the actual or legal circumstances no longer correspond to his or her statements or declarations, to the AMA without delay, unless otherwise provided for by other legislation. for the display a different deadline is required.

Retention duties

§ 12. The farmer shall have the application and authorization documents, books, cards, inventories, records kept for him, and, in the case of the irrigation of areas, the records of the collection of water and other records relating to the granting of direct payments. shall be kept for four years from the end of the calendar year to which they relate, with the care taken by a regular operator, unless longer retention obligations exist in accordance with other provisions.

Disclosure and co-action obligations

§ 13. (1) For the purpose of verification, the holder of the holding shall have the institutions and officers of the Federal Ministry of Agriculture, Forestry, Environment and Water Management, the AMA, the competent authorities in accordance with Section 24, the Court of Auditors and the European Commission. Union (hereinafter referred to as the "Prüforgane") shall allow the entering of business and operating rooms and of the areas during the business and operating hours or by agreement. In the same way, the farmers have to tolerate the creation of photographs by the examiners for the documentation of the control findings.

(2) The inspection bodies are authorized to keep in the accounts, to the inventory list, in the case of the irrigation of areas to the records for the abstraction of water and to all the documents which the testing authorities consider necessary for their examination, To take a look. In operation, documents necessary for the identification of the areas shall be kept available.

(3) In the course of the examination, a suitable and informed person shall be present, to provide information and to provide the necessary assistance.

(4) The examiners may request the temporary release of records and documents and, in this case, have to confirm their handing over.

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

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

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

Section 2

Rules on eligible area

Definitions

§ 14. For the purposes of this Regulation, the terms

1.		Field piece: a clearly defined management unit of a farmer in the federal territory with only one type of use in accordance with § 16, which is digitised in the Geographical Information System (GIS) as a polygon and consists of blows;
2.		Impact: a contiguous area of a field piece for a growing season with only one culture (type of slaughterhouse) and a single management and/or management system. is managed as a land-based element type in accordance with Appendix 1, or is only obtained in good agricultural and environmental condition under Article 94 of Regulation (EU) No 1306/2013 and is digitised in the GIS as a polygon or as a point;
3.		Digitisation: graphic depiction of the location and extent of the area, as well as the location of a point in the geographical aid application form;
4.		eAMA: electronic system of the AMA, in which the various applications are made available to the farmers;
5.		Landscape element ayer: Layer with the landscape elements digitised in the GIS as a point or polygon according to the definitions according to Appendix 1, which are based on reference surfaces-except for those with the types of use according to § 16 Z 7, 9 and 10 and Hutweiden -are located directly adjacent to or at a distance of not more than 5 m from a reference surface.

Reference Parcel

§ 15. (1) Reference parcels within the meaning of Article 5 of Regulation (EU) No 640/2014 are the physical block which is clearly identifiable as external (e.g. forest, roads, water) and by means of related, agricultural-related, Areas are formed and differentiated according to the following species:

1.		Home land, including Hutweiden, with more than 20% of the area eligible for aid;
2.		Pasture land,
3.		Forest areas,
4.		Landscape elements according to GLÖZ 7 and GAB 2 and GAB 3 and
5.		Areas used in environmental interest (ecological areas) according to § 10 of the Direct Payment Regulation 2015, BGBl. II No 368/2014, which are not already covered by Z 4, to the extent that they are stable or have been on the area in question for at least two years.

(2) For each reference parcels the AMA has

1.		the maximum eligible area eligible for area direct payments in accordance with Annex I to Regulation (EU) No 1307/2013 and for the area-related measures under Articles 28 to 31 of Regulation (EU) No 1305/2013, under To determine the use of § § 18 and 19 and
2.		a possible classification as
a)			Mountainous area, for major natural-related reasons, or for other specific reasons, disadvantaged areas, in accordance with Article 32 of Regulation (EU) No 1305/2013,
b)			Natura 2000 area or according to § 59 Water Rights Act 1959-WRG, BGBl. No 215/1959, protected area under the National Water Management Plan (NGP 2009), or
c)			Environmentally sensitive permanent pasture pursuant to Section 9 (1) of the Direct Payment Regulation 2015
		,

(3) The slope inclination shall be determined by means of a digital terrain elevation model with an interpolated grid width of no more than 5 m as a basis.

(4) The applicant shall be obliged to provide the necessary identification of the reference parcels or any changes to the type of reference parcels immediately, but at the latest on the occasion of the next application by means of the information provided by the AMA Request for a reference amendment together with the required documents at the AMA.

(5) Any objection to the establishment of the reference parcels, insofar as this has an effect on the granting of aid, may be raised by the applicant in the procedure for granting or recovering the aid in question.

Usage types

§ 16. The types of use of a field piece are derived from the types of use, as are provided for the collection requests (multiple trag areas). The types of use to be used by the applicant shall be:

1.		Acker,
2.		Grassland,
3.		Duration/speciality crops,
4.		Vineyard areas, including carving gardens,
5.		Vineyard areas, including cut-out gardens-Terrace facilities,
6.		Protected cultivation on substrate cultures or in pots,
7.		Alm,
8.		Community pasture,
9.		Forst and
10.		other types of use to be pointed out.

Extent of area eligible for aid

§ 17. (1) The area eligible for aid under the respective aid measures shall be the area actually used, including the elements referred to in § 18. The auxiliary area of all the surface polygons of a reference particle can have at most the extent of the reference particle.

(2) For area-based direct payments, each eligible area shall have a minimum size of 1 a.

Agricultural land with landscape elements and trees

§ 18. The eligible area also includes:

1.		Traditional characteristics referred to in Article 9 (1) of Regulation (EU) No 640/2014, which are situated on areas where the pro rata system does not apply and which do not exceed an average width of 2 metres,
2.		Landscape elements which are subject to the requirements and standards set out in Annex II to Regulation (EU) No 1306/2013 and are part of a field piece (cross-compliance landscape elements), provided that the applicant is within the framework of his the obligation to carry out this property for the landscape elements referred to in GAB 2 and GAB 3, and
3.		Landscape elements and other natural features on areas where the pro rata system does not apply, with a size of less than 1 a, if the total size of the area does not cover 6% of the total area of the agricultural parcel exceeds.

Extent of the area eligible for aid in the case of alms (pro rata system)

§ 19. (1) In the case of pastures, appropriate surface areas with uniform land cover shall be formed within the reference particle for grazing and shall, in application of Article 10 of Regulation (EU) No 640/2014, the extent of the eligible area in accordance with the conditions laid down in (2) to (4).

(2) Alpine fodder areas are grazed, with fodder plants, areas of an alpine pasture registered in the Almkataster. In nature, there must be a visible difference in management between permanent pasture land and alpine pastures, or a clear boundary (e.g. fence, stone wall or natural border).

(3) Cross-compliance landscape elements according to § 18 Z 2 shall be deemed to be part of the eligible area. In the case of sub-areas where no deduction is to be made in accordance with paragraph 4, the elements of the landscape and other natural features of a size less than 1 a, if the total size does not exceed 6%, shall be part of the eligible area.

(4) On the faces

1.		for all non-eligible elements, excluding trees, in accordance with the presence of these elements, a reduction coefficient broken down into 10% steps and rounded to the next 10% level, and
2.		for trees according to the degree of parachute
a)			no reduction coefficient, up to a maximum of 20% shielding,
b)			a 10% reduction coefficient in the case of trees such as larch or maple, which allows for almost complete grazing of the population,
c)			from more than 20% to a maximum of 50% shielding a reduction coefficient of 30%,
d)			from more than 50% to a maximum of 80% shielding a reduction coefficient of 70%; and
e)			a reduction coefficient of 100% for more than 80% parachute
is applied.

Non-agriculturally used areas

§ 20. (1) As mainly used agricultural land within the meaning of Article 32 (3) (3) (3). (a) Regulation (EU) No 1307/2013 shall apply to agricultural land used for non-agricultural purposes outside the growing season or during the growing period, if the intensity, nature, duration and timing of the agricultural land are not used for agricultural purposes; Non-agricultural use of agricultural activity on these land is not restricted. In particular, the non-agricultural use must not affect groundwater, soil and the environment. The non-agricultural use during the growing season may last for a total of 14 days on one and the same area and must be reported to the AMA in advance.

(2) According To Art. 32 (3) lit. (b) Regulation (EU) No 1307/2013 is to be considered as the land mainly used for non-agricultural activities those agricultural land which are linked to non-agricultural land and which are -subordinated to non-agricultural activity by the fact that, in particular, there are restrictions or restrictions on the maintenance and use of such activities in time or in relation to the growth of the population. In particular, agricultural land in the deluded area of airports, in particular in the runways area, as part of golf and other sports grounds or the parts used for military training, are: Troop training places or To view caserns as areas used for non-agricultural activities.

(3) Non-eligible areas in accordance with § 17 (1) are, in any case, fixed path or building areas, gravel pits, quarries, parks, recreational areas, Christmas tree cultures, permanent rangings and storage areas as well as hedges, trees, and Walls, unless they fall under § 18 Z 1 or 2.

Section 3

Application

Submission

§ 21. (1) The collection application (multiple trag area) in accordance with Art. 11 of Regulation (EU) No 640/2014 shall be submitted by 15 May of the respective application year at the latest in accordance with § 3 para. 1.

(2) The farmer shall have access to the documents made available in the eAMA.

1.		in the case of the pre-filled form (case request), to review the information, if necessary to update it and to apply for participation in the aid measures,
2.		to digitize the blows on the geographical aid application form within the reference parcels and to indicate their location, extent and use,
3.		, by means of a clear electronic identification or self-signed undertaking (Article 3 (6)), the information and knowledge of the relevant direct payment schemes and/or measures for the development of the rural environment To confirm the conditions in force.

(3) In order to maintain overuse (overuse) in the case of beatings and field pieces within the reference parcels, the procedure for the application is as follows: a digitisation made in the case of the application, which is based on the previous application. If the corresponding reduction of the adjacent blows or field pieces has been completed, the application deadline has ended or the farmer is already in accordance with Art. Article 15 (3) of Regulation (EU) No 809/2014 has been notified.

Collection Application

§ 22. (1) The application for collection shall be requested by all farmers, direct payments or other rural development measures covered by Article 67 (2) of Regulation (EU) No 1306/2013, or for measures taken during the last three years. pursuant to Articles 46 or 47 of Regulation (EU) No 1308/2013 on a common organisation of the market in agricultural products and repealing Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, OJ L 327, 31.12.2007, p. No. 671, payments have been submitted in accordance with the requirements of § 21. In addition to the information required in the acts referred to in § 1, the application shall contain the following information:

1.		name/company name, date of birth and address of the applicant,
2.		operational number; if the applicant has a number of operating numbers, he shall indicate the principal operating number;
3.		Social security number, company number or club register number of the applicant,
4.		Bank account and name account at a credit institution,
5.		proof, where appropriate, of an active farmer,
6.		where appropriate, in the case of optional coupled support, the waiving of support (opt-out) for sheep and goats,
7.		where appropriate, the application for payment for young farmers,
8.		where appropriate, in the context of the use of land in the environmental interest, the areas cultivated with intermediate fruits,
9.		Information on the beatings on the geographical aid application form in relation to the location and extent in ha with four decimal places, and the use of the sleep in accordance with § 14 Z 2, where:
a)			in the case of Hutweiden, the size of the area according to the pro rata system must be determined in accordance with § 19, and in any case these must have more than 20% of the area eligible for aid,
b)			in the case of hemp grown in the case of the cultivation of different varieties of hemp for each type of hemp, a separate blow shall be made, including the indication of the variety and the indication of the quantity of seed per ha,
c)			in the case of rare agricultural crops for each variety, a separate blow shall be made, including the indication of the variety and
d)			specify the landscape elements in accordance with Appendix 1, which are in the applicant's power of disposal and are to be obtained in the context of cross compliance or support measures, and
10.		in the case of the irrigation of areas, an indication as to whether or not there is a permit issued by the water authority.

(2) In the case of hemp cultivation, copies of the original labels shall be used to demonstrate the use of certified seed and, if not visible from the labels, a copy of the invoice document for the detection of the quantity of seed used with the application for collection or, if the sowing takes place after 15 May, by 30 June of the application year at the latest. The original labels shall be kept carefully in operation and shall be transmitted at the request of the AMA.

(3) In the case of the farming of farm animals other than bovine animals, the list of animals shall be completed.

(4) For farmers who receive a maximum of EUR 1 250 in direct payments in the 2015 application year, the application for a collection shall also be deemed to be an application for participation in the small-scale producer scheme. If necessary, but at the earliest from the application year 2016, the participant in the small-scale producer scheme shall announce his departure from the small-scale producer scheme in the application for collection. By way of derogation from the second sentence, if a farmer for the first time falls under the small-producer scheme in the course of a recalculation of the application year 2015, he may, by way of derogation from the second sentence, be entitled to exit the small-producer scheme for the following years within the time-limit. Report on the application of the complaint for the year in question.

(5) In the case of the lift from animals to pastures and community pastures, the Almauftrieberlist shall be submitted by 15 July of the application year at the latest.

(6) farmer who is responsible for the requirements laid down in Article 29 (1) of Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No. 2092/91, OJ No. 1., but do not participate in the 'Ecological/organic farming' measure in accordance with the Austrian Rural Development Programme 2014-2020, they have received a request for a . If only part-holdings of a farmer meet the requirements for organic farming, the areas must also be coded.

Specific provisions for certain uses

§ 23. (1) As the date on which the eligible land for the use of payment entitlements must be made available to the farmer in accordance with Article 33 (1) of Regulation (EU) No 1307/2013, the 9 June of the respective application year shall be determined.

(2) hemp may be harvested from the beginning of flowering and also before the expiry of ten days after flowering, if the area in question has already been controlled in accordance with the second subparagraph of Article 45 (4) of Regulation (EU) No 809/2014.

(3) The period to be taken into account for the cultivation diversification pursuant to Article 44 (1) of Regulation (EU) No 1307/2013 shall run from 15 May to 15 June of the respective application year.

(4) In accordance with Article 13 (1), (2) and (4) of the Direct Payment Regulation 2015, shared pasture land shall be used in accordance with the number of animals properly reported and at least 60 days of age (bovine, ovine, caprine and caprine animals). Horses), expressed in RGVE, are allocated proportionally to the individual farmers. If animals are driven up to several alpine pastures, the animals are dispatched to the alpine pasture where they are the longest to be driven. Prematurely aborted animals may be recognised if they are re-exaggerated or replaced by animals of the same category, provided that the interruption of the duration of the Alps is not more than ten calendar days and the notification shall be completed within 15 days Reinstatation. The same applies to the reporting of animal movements from an alpine pasture to a different alpine pasture. This provision should also apply to Community grazing land.

Section 4

Cross Compliance

Responsibility

§ 24. For the control of the cross compliance requirements in accordance with Annex II of Regulation (EU) No. 1306/2013, the following are responsible:

1.		the AMA for the control of compliance
a)			basic requirements (GAB) 1 to 3, 6 to 8 and 10,
b)			the GAB 4-to the extent that plant protection products and biocides are affected,
c)			the GAB 9-in so far as it is the application of Article 15 of Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, OJ L 327, 31.12.2001, p. No. OJ L 147, 31.5.2001, p. 1.
d)			compliance with the good agricultural and environmental condition (GLÖZ);
2.		the Landeshauptmann for the control of compliance
a)			the GAB 4, with the exception of the control of the records of plant protection products and the control of the application and records of biocides,
b)			the GAB 5 and
c)			the GAB 9-in so far as it relates to the application of Articles 7, 11, 12 and 13 of Regulation (EC) No 999/2001.
		The Governor of the State may also use other authorized bodies or departments to carry out these checks;
3.		the state government for the controls of GAB 11 to 13, whereby the state government is the authority according to § 33 (1) of the Animal Protection Act, BGBl. I n ° 118/2004.

GLÖZ minimum standards

§ 25. (1) The minimum GLÖZ standards referred to in Art. 94 in conjunction with Annex II to Regulation (EC) No 1306/2013 are laid down in Appendix 2.

(2) For the application years 2015 and 2016, for permanent pasture land areas, without prejudice to the obligation to maintain the permanent pasture pursuant to Article 45 of Regulation (EU) No 1307/2013, the requirements referred to in paragraphs 3 and 4 shall apply.

(3) Long-term pasture land on slopes with an average slope of more than 15% shall not be allowed to be broken, unless it is concerned:

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

(4) In the event of failure to grant a permanent pasture approval in accordance with Section 9 (2) of the Direct Payment Regulation 2015, farmers who break permanent pasture shall have to report in the application for the year in question to the holder:

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

Early warning system

§ 26. In application of Article 99 (2) of Regulation (EU) No 1306/2013, an early warning shall be made instead of a reduction in the case of infringements of low severity, limited duration and short duration and without any direct risk to human or animal health, with which the findings are communicated to the beneficiary and referred to as corrective measures to be taken.

Reporting requirements

§ 27. The AMA shall be informed of the following information on the legal standards referred to in Art. 93 and 94 in conjunction with Annex II of Regulation (EU) No 1306/2013, which are necessary for the exercise of the scope of the tasks conferred on it by law:

1.		the competent authorities responsible for the enforcement of the legal standards referred to in Articles 93 and 94 in conjunction with Annex II to Regulation (EU) No 1306/2013 all information relating to the selection of the control sample referred to in Article 69 of Regulation (EU) No 809/2014 and the control of compliance with cross compliance are required,
2.		the reports on the checks carried out in accordance with Article 72 of Regulation (EU) No 809/2014 and of the inspection bodies referred to in Article 24 (2) (2) and (3) of this Regulation; and
3.		by the courts and by the administrative authorities of the first instance, all information relating to the outcome of criminal proceedings initiated under the law applicable to infringements found on farms, for the purpose of: Assessment of whether sanctions are to be imposed in accordance with Chapter II of Title IV of Regulation (EU) No 640/2014 in conjunction with Title V, Chapter III, of Regulation (EU) No 809/2014.

Section 5

Farm advisory services

§ 28. (1) Agricultural management advice pursuant to Title III of Regulation (EU) No 1306/2013 shall be carried out by the agricultural chambers.

(2) The advisers carrying out the agricultural business advisory services shall be:

1.		as a professional qualification, the completion of a vocational higher school or a degree programme at a university of applied sciences or university, and
2.		as a methodical qualification an additional pedagogical qualification
Proof. If the chambers of agriculture are not able to cover all issues of agricultural business advice by their own staff, they can also rely on external service providers, for which the requirement of methodological qualification does not apply.

(3) The system of agricultural advisory services shall include:

1.		Cross-compliance commitments at company level,
2.		land management methods conducive to climate and environmental protection, including the conservation of agricultural land in a condition suitable for cultivation or grazing,
3.		In the programme for rural development in Austria 2014-2020, measures provided for at company level, which include the modernisation of farms, the pursuit of competitiveness, the integration of the sector, the innovation, the to focus on the market and promote entrepreneurship;
4.		in the Nitrates Action Programme and in the National Water Management Plan-NGP 2009, on the level of beneficiaries, such as, in particular, entries and the introduction of pollutants and water-taking,
5.		the general principles of integrated pest management applicable to beneficiaries; and
6.		the relevant minimum requirements for the use of fertilisers and plant protection products as set out in the Austrian Rural Development Programme 2014-2020.

(4) Without prejudice to the freezing of the personal and operational information or data received in the course of the advisory activity, the Chambers of Agriculture shall, by the end of March, each have the Federal Minister for Land-and Forestry, the environment and water management a report on the advisory activity carried out in the previous year with a quantitative assessment of performance (number of farms reached, respectively). The number of participants in continuing training courses) and the quality of performance evidence (analysis and conclusions on the advisory services provided). A list of the names and professional and methodical qualifications of the consultants who have provided the agricultural advisory service is to be found.

6.

Rules applicable to the paying agent

Transfer of imprest tasks

§ 29. (1) In the case of transfer of imprest tasks pursuant to Article 7 of Regulation (EU) No 1306/2013, the AMA shall conclude a written agreement. A transfer of imprest tasks shall also be carried out if other bodies are entrusted with tasks of the paying agent by regulation in accordance with § 6 of the MOG.

(2) The agreement referred to in Annex I (C) to Regulation (EU) No 907/2014 shall, in particular:

1.		the obligations of the other bodies entrusted with the tasks of the paying agency;
2.		the nature, content and time of transmission of the information to be supplied and
3.		confirmation by the other institution to the paying agency that it is in fact performing its duties, and a description of the means used for that purpose;
to be included.

(3) The other bodies responsible for the tasks of the paying agent shall be entitled to carry out the checks to be carried out by the AMA on the performance of the tasks entrusted. § 13 shall apply mutatily.

Section 7

Final provisions

Start of application and external force

§ 30. (1) This Regulation shall apply to aid and payment applications submitted for the calendar years from 2015.

(2) With the entry into force of this Regulation,

1.		INVEKOS-GIS-V 2011, BGBl. II No 330/2011, as last amended by the BGBl Regulation. II No 210/2014 and
2.		the INVEKOS-CC-V 2010, BGBl. II No 492/2010,
except for strength. These Regulations will continue to apply to situations which have been implemented up to and including 31 December 2014 and apply to aid applications submitted up to and including the calendar year 2014.

Group-right

Appendix 1

on § 14 Z 5

Size	Type	Auxiliary criterion	Collection
< 100 m²	Trees/bushes	≥ 2 m Ø	Point
≥ 50 m²	Hecke/Ufergehölz	Length: ≥ 20 m Width: ≥ 2 m to ≤ 10 m in Ø	Polygon
≥ 50 m²	Ditch/Uferrandstripes
≥ 50 m²	Rain/Bow/dry stone wall
≥ 100 m² to < 1000 m²	Field wood/tree/shrug group	≥ 10 m wide or long
≥ 100 m² to < 1000 m²	Steinriegel/Steinhage
≥ 100 m² to < 1000 m²	Pupple
	Natural monument		Polygon
	Natural monument		Point

Appendix 2

on § 25 (1)

For the GLÖZ standards listed in Annex II to Regulation (EU) No 1306/2013, the following minimum standards shall apply:

1.		GLÖZ 1: At a minimum distance of
a)			at least 10 m of stagnant waters with a water surface of 1 ha or more, or
b)			at least 5 m to flow waters (from a sole width of 5 m)
		no tillage (except for the re-application of the spacer strips) shall not be carried out. Permanent grassland strips of water in a minimum width
a)			20 m of standing waters with a water surface area of at least 1 ha or
b)			from 10 m to river water (from a sole width of 5 m)
		must not be broken.
2.		GLÖZ 2: A permit from the Water Rights Authority is required
a)			for the use of public waters beyond the common use, and for the establishment or modification of the installations used for the use of water,
b)			for the use of private daily water and for the establishment or modification of the facilities used for this purpose, if this is caused by foreign rights, or as a result of a connection with public waters or private waters, to the slope, to the Water flow or the nature of the water (particularly in a harmful manner) or the level of the water level in these waters exerts an influence or a threat to the shore, a flood or a temptation of foreign land. can be brought about
c)			for the use of groundwater to cover domestic and economic needs, which are not carried out by hand-operated pumping or scooping plants and are not in an appropriate relationship with their own land, and
d)			for the use of the ground water, which exceeds the necessary domestic and economic needs, and for the establishment or modification of the facilities used for this purpose.
		An authorisation from the EIA authority is required,
a)			for soil irrigation systems with an annual irrigated area of at least 2 500 ha, and
b)			for installations for soil irrigation with an area of at least 1 000 ha in areas where, in order to achieve good quantitative status, measures are arranged or programmes pursuant to § 33f (4) and 6 (WRG) to achieve good chemical status They were adopted in 1959.
3.		GLÖZ 3: The ban as well as the restrictions on the introduction of pollutants according to § § 6 and 7 of the quality target regulation Chemie Grundwasser-QZV Chemie GW, BGBl. II No 98/2010 are to be complied with.
4.		GLÖZ 4: arable land, which is not used for agricultural production, must be greeted for the duration of the growing season. Areas which are used for orchard, viticulture or cultivation of hops and on which there is a rest period of at least one growing season for the purpose of grounding between grubbing-up and replanting, shall be for the duration of the Rest period.
5.		GLÖZ 5: On frozen soils, on all water-saturated or flooded soils, and in the case of closed snowpack, soil cultivation with agricultural machinery on farmland is not permitted.
6.		GLÖZ 6: The burning off of straw on stubble fields shall be prohibited unless, on a case-by-case basis, the competent authority has approved an exemption due to circumstances relating to the weather and construction or due to phytosanitary reasons.
7.		GLÖZ 7: Landscape elements,
a)			which are particularly protected and designated as outstanding individual creations of nature (natural monuments) in the framework of regulations and regulations of nature protection law, or
b)			which are situated on areas where no pro rata system is used in accordance with § 19, and which are those of the Steinriegel/Steinhage, Tümpel or Graben/Uferrandstripes type,
		may not be removed. Hedges and trees must not be cut during the brood and nesting periods.