Implementation Of Community Market Regulation Measures In The Wine Sector

Original Language Title: Durchführung von gemeinschaftlichen Marktordnungsmaßnahmen im Weinbereich

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98. Regulation of the Federal Minister for agriculture and forestry, environment and water management to carry out Community market regulation measures in the wine sector

On the basis of §§ 96, para 1 and 2, 99 para 1 and 108 of the market regulation Act 1985, BGBl. No. 210, last amended by Federal Law Gazette I no. 108/2001, is prescribed:

1 section

General terms and conditions

Scope of application



1. (1) the provisions of this regulation serving the implementation of acts of the Council of the European Union and the European Commission of regarding Community market regulation measures in the wine sector.

(2) common market regulation measures in the wine sector within the meaning of this regulation are that in Regulation (EC) No 1493/1999 on the common market organisation for wine, OJ No. L 179 of 14 July 1999, p. 1, listed measures:



1. premiums for the permanent abandonment of wine (title II, chapter II);

2. distillation (title III, chapter II);

3. aid for the use of grape must (title III, chapter III);

4. the private storage aid (title III, chapter I);

5. restructuring and conversion (title II, chapter III).

Jurisdiction



§ 2. responsible for the enforcement of this regulation is, as far as in this regulation or in the wine Act 1999, Federal Law Gazette I no. 141/1999, not another is intended, the Federal Minister for agriculture and forestry, environment and water management.

2. section

Premiums for the permanent abandonment of the viniculture

Totally right



3. (1) the final task of the viniculture in accordance with article 8 of Regulation (EC) No 1493/1999 is the final task of totally right.

(2) a planting right within the meaning of this regulation is a totally legal according to the wine laws of the countries.

Application for the grubbing-up premium



§ 4 (1) is using form at the point, which is commissioned according to the wine laws of the countries with the leadership of the vine surface directory (hereinafter referred to as "authority leading to the cadastral"), to bring the application of the grubbing-up premium. The cadastre leading body is the application processed in accordance with section 5 to provide the Federal Minister of agriculture and forestry, environment and water management.

(2) the application must be exclusively by the Auspflanzen owner. The applicant is not the owner of the land on which the vineyard is planted, the owner of the plot has to agree to the request referred to in paragraph 1 in the form. Is an owner is skipped, the application is still effective and any claims for damages must be made on the civil way.

Review



§ 5. The cadastre leading authority has to check if necessary also by a vineyard tour, the legality of planting, as well as the conformity of the information of the applicant in the form with the entries in the wine-growing land. The cadastre-leading agent shall record the results of these checks in the form.

Calculation of profitability



6. (1) the average production capacity of the areas referred to in article 8 paragraph 1 lit. (b) of Regulation (EC) no 1227/2000 laying down detailed rules for the application of Regulation (EC) No 1493/1999 as regards the production potential, OJ No. L 143 of June 16, 2000, S. 1, is calculated from the average yield of the company during the last five marketing years. To do this, the applicant must form the harvest declarations in accordance with section 35, paragraph 1, of the wine law in 1999 to settle the last five wine years.

(2) in calculating the average yield of operation by the cadastre-leading agent, the wine year with the highest harvest and the wine year with the lowest crop have to be disregarded.

(3) up to two harvest years with excessive yield losses through adverse weather conditions (such as frost, hail, drought) have to be disregarded in the calculation of the average yield of the operation. In this case, paragraph 2 shall not apply.

(4) more than two crop years with excessive loss of earnings, are among the last five crop years also this in the calculation of the average yield of the operation have to be disregarded. However, the applicant has an adequate number of another harvest declarations immediately before the period referred to in paragraph 1 this year to settle the, allow an average of at least three years without excessive loss of earnings.

(5) harvest declarations are not available, the applicant has to submit other appropriate documentation establishing the average yield of the operation (E.g. cellar book excerpt, transport tickets).

(6) the cadastre leading authority has the Federal Ministry of agriculture and forestry on the basis of the calculated average yield of operation suggest the average production capacity of the area to be grubbed up environmental and water management.

(7) the Federal Ministry of agriculture and forestry, environment and water management has to adopt a decision on the average production capacity of the area to be grubbed up. The decision has to include also the expected total amount of aid.



(8) in accordance with article 8 para. 4 of Regulation (EC) No. 1227/2000 shall be a premium for surfaces of 10 AR 25 ar also granted until, if the relevant area is not the entire wine-growing area of operation.

Grubbing-up prompt



§ 7 (1) who has communication pursuant to § 6 section 7 the requirement for the applicant to include, the grubbing-up within six months after legal effect of the decision making. The beginning of the grubbing-up and the preparatory work to require a notice in accordance with § 6, par. 7.

(2) can be due to force majeure a grubbing-up not in time, so this the applicant of the cadastre-leading site has to tell. The cadastre leading authority has any test in the vineyard.

Grubbing-up message



§ 8 (1) is by means of message sheets provided in the wine laws of the countries be reported immediately to the cadastre-leading point was grubbing.

(2) the cadastral leading authority has to verify the was grubbing-up and has the Federal Ministry of agriculture and forestry, to forward a confirmation above was grubbing and the established clearing period using form environmental and water management.

(3) the cadastre leading authority has to enter the final task of the planting right in the vineyard register and transmit a written confirmation of the Federal Ministry of agriculture and forestry, environment and water management by means of form in.

Premium



§ 9 (1) the Federal Minister for agriculture and forestry, environment and water management has informed of the grant of the premium to decide. The premium is paid by the Agrarmarkt Austria.

(2) the amount of the premium corresponds to the in article 8 paragraph 4 and 5 of Regulation (EC) No. 1227 / 2000 fixed amounts.

(3) a premium may be granted only in an area established pursuant to § 39a para 2 of the wine law in 1999.

3. section

Distillation

Applications



§ 10 following resolutions and declarations are to make using form:



1. the application for approval of the contract between the producer and the writer;

2. the Declaration, to make itself a distillation in the own operation;

3. the Declaration, to make a distillation in a distillery, which carries out contract work.

Aid



§ 11 (1) who is applying for aid in writing.

(2) the Federal Minister for agriculture and forestry, environment and water management has the decision to grant aid. The premium is paid by the Agrarmarkt Austria.

Review



§ 12. The Federal Winery inspection has to check random identity and quantity of wine intended for distillation for its delivery to the distillery, as well as the analysis characteristics specified in the contract or in the Declaration. Control of alcohol produced in the context of community distillation measures is based on the 1995 competent according to alcohol control and monopoly law customs offices.

4 section

Aid for the use of grape musts

Letter of intent for the manufacture of grape juice



Section 13 (1) is the intent for the manufacture of grape juice using form no later than three working days before the start of the processing procedure to provide the Federal Minister of agriculture and forestry, environment and water management.

(2) unless by the processor otherwise is demonstrated, is to assume that the processing procedure no later than one day after the harvest begins.

(3) workers in accordance with article 6 paragraph 5 of Regulation (EC) no 1623/2000 laying down detailed rules for the application of Regulation (EC) No 1493/1999 on the common market organisation for wine with regard to market mechanisms (OJ L 194 of the 31.7.2000, p. 45) are exempt from the obligation to submit of a declaration of processing in accordance with article 6 paragraph 2 of Regulation (EC) no 1623/2000.

Endorsement in the manufacture of grape juice



§ 14 competent authority for issuing the approval in accordance with article 7 paragraph 3 of Regulation (EC) no 1623/2000 is the Federal Winery inspection.

Aid in the manufacture of grape juice



Section 15 (1) which is applying for the aid for the production of grape juice to make using form.


(2) in excess of the quantitative ratio referred to in article 9 paragraph 2 of Regulation (EC) no 1623/2000 between raw material and produced grape juice is the amount of the aid for the quantity of the produced grape juice, corrected the ratio referred to in article 9 measured paragraph 2 of Regulation (EC) no 1623/2000,.

(3) the Federal Minister for agriculture and forestry, environment and water management has the aid for the production of grape juice by a decision to grant. The premium is paid by the Agrarmarkt Austria.

Aid to increase the alcohol content



Section 16 (1) is the aid to increase the alcohol content through the use of concentrated grape must and rectified concentrated grape must to make using form.

(2) the Federal Minister for agriculture and forestry, environment and water management has the decision to grant aid. The premium is paid by the Agrarmarkt Austria.

(3) the increase of in alcohol content is informally in writing at least two working days before to bring the Federal Winery inspection note. There are 1622/2000 laying down detailed rules for the application of Regulation (EC) No. the indications referred to in article 25 paragraph 2 of Regulation (EC) No 1493/1999 for the introduction of a Community code of oenological practices and treatments, OJ No. L 194 of 31 July 2000, p. 1, call.

5. section

Aid for private storage

Application for conclusion of a long-term storage contract



§ 17 (1) who is using form to request for a long-term storage agreement with the Federal Minister of agriculture and forestry, environment and water management.

(2) the Federal Minister for agriculture and forestry, environment and water management has to indicate acceptance or rejection of the offer referred to in paragraph 1 in the form.

(3) the Federal Minister for agriculture and forestry, environment and water management has with decision to decide on the grant of the aid. The aid is paid by the Agrarmarkt Austria.

Certificate of analysis



§ 18. The certificate of analysis in accordance with article 29 paragraph 1 of Regulation (EC) no 1623/2000 is to close the application using form.

Review



§ 19. The Federal Winery inspection has to check random identity and quantity of the product as well as the analysis characteristics specified in the contract of storage.

6 article

Restructuring and conversion

Draft plan



Section 20 (1) each wine drive end and each designated a planting right is to submit of a draft of a plan for the implementation of the transition (transition plan) in accordance with article 11 ff of Regulation (EC) No. 1493/1999 entitled. Wine and bustle at the end is not the owner of the land on which the conversion measure is made, he has the written consent of the property owner or other proof of his authority to carry out the conversion measure to submit. Is an owner is skipped, the application is still effective and any claims for damages must be made on the civil way.

(2) the draft plan has a detailed description of the proposed conversion measure referred to in article 21, the area covered by this conversion measure, to contain all necessary land claims, as well as the date of the conversion measure. In the case of the Sub-measure "Escarpment terraces" in accordance with Annex I lit. C and the Sub-measure "Wall terraces" in accordance with Annex I lit. D must include the plan design of the estimated scale (linear metres or square meters) of reclamation or construction of embankment or wall. In the case of the Sub-measure "Protection against wild bites" in accordance with Annex I lit. The draft of the plan to include the expected length (linear meters) of fence to be built as well as a sketch of the plan has G.

(3) the draft of the plan is to be submitted using form of the competent land leading to the verification of compliance of vine-land claims with the entries in the grapevine area directory. This has to be done in the way of the competent District Office of the respective agricultural Chamber. The agricultural Chamber has the right to obtain relevant information by the applicant to assess the marketing associated with the implementation of the plan design and sales opportunities. The cadastre leading authority has to check if necessary also by a vineyard tour, the legality of planting, as well as the conformity of the information of the applicant in the form with the entries in the wine-growing land. The cadastre-leading agent shall record the results of these checks in the form.

(4) the conversion measure on surfaces should be performed, which fall within the local jurisdiction of several land-leading bodies, the aid seekers has to overtake even the opinions of single cadastre leading bodies and cadastre leading authority to submit fully confirmed request form at its operating headquarters.

(5) the cadastre-leading site has the draft plan approved in accordance with paragraph 3 to the Federal Minister of agriculture and forestry, to forward environment and water management.

(6) the Federal Minister for agriculture and forestry, environment and water management has to approve the plan design of all necessary requirements with notice or to refuse in the absence of one or more conditions with notice. The decision has to include also the expected total amount of aid.

(7) the Federal Ministry of agriculture and forestry, environment and water management shall be entitled to draw any experts of his choice for the assessment of submitted conversion plans with regard to the suitability for the adaptation of production to market demand. Is determined by this review that is capable of a proposed transition plan not to adapt production to market demand as the Federal Minister for agriculture and forestry, environment and water management can reject this plan decision.

Conversion measure and aid



§ 21 (1) must comprise the conversion measure shown in the draft plan, one or more of the part measures defined in annex I. Each wine drive end has to choose the appropriate conversion measure itself and thus to ensure optimum adaptation of production to market conditions applicable to its operation.

(2) the aid is, with the exception of the Sub-measure "Irrigation" according to annex I lit. E and the Sub-measure "Protection against wild bites" listed in annex I lit. Set G, as a lump sum per hectare, meters or square meters. The aid amount of each part measures, as well as the increase of in aid in the case of using a back planting right, which is derived from a grubbing-up in accordance with the implementation of the transition plan, are given in annex II.

(3) the amount of aid for the Sub-measure "Irrigation" according to annex I lit. E 50% or in the objective 1 area 75% of construction costs. The construction costs are composed of the invoice documents having to be reference to the Federal Minister of agriculture and forestry, environment and water management and the equity performance component. There are only invoice for the respective activity into account gewerberechtlich permitted companies. The power component is flat rate set with 50% of the amount of the invoices having reference, but not more than 1 090,09 euro / ha.

(4) the amount of aid for the Sub-measure "Protection against wild bites" listed in annex I lit. G calculated from the construction cost per built linear meter fence as follows:



-Wildlife fence or similar: material costs programmable with Bill (but not more than 5.3 euro / lfm), 50% will be added to sweeping power costs; the is the sum of the cost of construction. The aid amount is 50% (in the objective 1 area 75%) of the construction costs.

-Electric fence etc:. The construction costs consist of programmable with Bill material cost for the electric fence (but not more than 0.8 EUR / meter electric fence), the contribution amounting to 50% and programmable with Bill material cost for the equipment (but not more than 450,-euro per equipment). The aid amount is 50% (in the objective 1 area 75%) of the construction costs.

-There are only invoice for the respective activity into account gewerberechtlich permitted companies.

(5) the same parcel of land with the same variety according to same management techniques replanting is no conversion measure.

Aid-eligible areas



Section 22 (1) is a vineyard newly created in the course of conversion measure, so can either an existing vineyard be cleared and/or an existing planting rights (new planting rights or replanting right) be used. Is granted a planting right from the regional reserve established under the Styrian wine law, no conversion aid can be taken for the vineyard planted on this basis.

(2) the size of a converted vineyards must not be less than 10 ar. Is an existing vineyard within the framework of conversion measure is being cleared, the grubbed up vines may be also not less than 10 ar.


(3) in the course of each individual conversion measure the redenominated vineyards must - include with the exception of converted vineyards not more than one-third of the registered in the vineyard land and planted vineyard area of operation up to 3 acres -. Changes in the course of proceedings of the agricultural authority on the basis of the Flurverfassungs principle Act 1951, BGBl. No. 103, as well as within the framework of sub-action lit irrigation in accordance with Annex I. E are not covered by this regulation.

(4) a district administrative authority pursuant to § 39a para 2 of the wine law 1999 established vineyards by regulation, on which premiums for the permanent abandonment of the viniculture in accordance with title II, chapter II of Regulation (EC) section to be granted no 1493/1999 and the 2nd, no conversion premium shall be granted for those wine-growing areas.

(5) the use of a premium for permanent abandonment of the viniculture in accordance with title II, chapter II of Regulation (EC) No 1493/1999 as well as the 2nd section and a conversion aid by same company (all the production units managed by the farmer, are located on the territory of a Member State) is closed for the duration of the measure "Restructuring and conversion" at the community level.

(6) conversion measures can be made in the specific areas of lower Austria, Burgenland, Vienna and Styria.

(7) the multiple implementation of the Sub-measure "Vineyard conversion" in the same area is closed for the duration of the measure "Restructuring and conversion".

Compensation for loss of income



section 23. The compensation for loss of income related to the implementation of the transition plan, will be lit in the context of the flat-rate compensation of grubbing-up costs through the increased aid referred to in annex II. (F). This is an amount of up to EUR 726,73 considered compensation for the loss of income and the additional amount as lump-sum compensation of grubbing-up costs.

Approval, safety performance



Section 24 (1) the work on the conversion measure must be started after their permit moderate permission according to § 20 paragraph 6. For the assessment of the time of the employee at the Sub-measure "Irrigation" in accordance with Annex I lit. E and lit for the Sub-measure "Protection against wild bites" listed in annex I. G is in particular the date of having relevant invoices, delivery notes or similar.

(2) the actual beginning of the work is, except for the Sub-measure "Irrigation" according to annex I lit. E, the Sub-measure, Escarpment terraces ' lit in accordance with Annex I. C, the Sub-measure, wall terraces ' lit in accordance with Annex I. D (for the part of the rehabilitation or new construction of embankment or wall) and the Sub-measure "Protection against wild bites" listed in annex I lit. G as well as in the case of § 25 paragraph 3 the Federal Ministry of agriculture and forestry, environment and water management promptly - no later than by 30 April, following the approval on the date - in writing. The actual start of the work at a later date will be communicated so is a delayed disbursement of the aid pursuant to article 25 notifications relating to a work beginning after the Federal Minister for agriculture and forestry, environment and water gem. § 28 para. 1 fixed date will not be considered.

(3) at the same time with the notification of the beginning of the work carried out safety performance in accordance with article 15 is para 2 to prove of Regulation (EC) No. 1227/2000 by a bank guarantee or deposit by means of remittance. In the case of § 25 paragraph 3, no security deposit is required.

Approval and payment of the aid amount



Section 25 (1) of the Federal Ministry of agriculture and forestry, environment and water management has to ensure the best possible use of appropriations provided by the European Union for the financial year and their balanced allocation to the individual aid advertisers. Here, he has carefully especially on the land allocated by the European Union within the framework of the hectare financial allocations to the Member States to take. This purpose can be placed in the messages about the beginning of work in accordance with § 24 para 2, and on the conclusion of the work in accordance with section 27 subsection 3 upon receipt of their. In the case of partial measures "Irrigation" in accordance with Annex I lit. E and "Protection from wild bites" listed in annex I lit. G can be placed upon her receipt of the invoices having reference and associated payment documents templates. In the case of the Sub-measure "Escarpment terraces" in accordance with Annex I lit. C and the Sub-measure "Wall terraces" in accordance with Annex I lit. D (for the part of the rehabilitation or new construction of embankment or wall) can be placed by the cadastre leading authority (with indication of the exact extent of the newly built or recultivated slope or wall) upon their receipt of confirmations of the carried out verification.

(2) with the approval of the conversion aid is in accordance with funds provided by the European Union for the financial year from the following on the decision of the conversion plan approval April 30 by the Federal Minister for agriculture and forestry, to decide environmental and water management according to the ranking of the template of messages about the beginning of work in accordance with § 24 para 2 with notice. The aid is paid by the Agrarmarkt Austria.

(3) the case is, that the majority of the total resources expected to be made available by the European Union of the plans approved pursuant to § 20 paragraph 6 is already bound, the granting of conversion aid is done in accordance with and in the amount of the available funds. In the permit notification according to § 20 paragraph 6, it is pointed out. The aid will be granted in this case after completion of the work according to the ranking of the adoption of the communication on the completion of the work in accordance with § 27 para 3 with notice of the Federal Minister for agriculture and forestry, environment and water management. Authorisations referred to in paragraph 2 are to prioritise against such payouts. The aid is paid by the Agrarmarkt Austria.

(4) the approval of the amount of the aid, with the exception of the Sub-measure "Irrigation" according to annex I lit. E, the Sub-measure "Escarpment terraces" in accordance with Annex I lit. C, the Sub-measure "Wall terraces" in accordance with Annex I lit. D (for the part of the rehabilitation or new construction of embankment or wall) and the Sub-measure "Protection against wild bites" listed in annex I lit. G has with notice of the Federal Minister for agriculture and forestry, to be environmental and water management as an advance. The aid is paid by the Agrarmarkt Austria.

(5) the grant of aid "Escarpment terraces" measures of part of in accordance with Annex I lit. C and the Sub-measure "Wall terraces" in accordance with Annex I lit. D (for the part of the rehabilitation or new construction of embankment or wall) has in accordance with by the European Union for the respective financial year available funds from the template of the confirmation of the recent review by leading Cadastre Authority (with indication of the exact extent of the newly built or recultivated slope or wall) the following April 30 by the Federal Minister for agriculture and forestry , Environment and water management decision to be made. The aid is paid by the Agrarmarkt Austria. A about the extent specified in the request beyond the extent (linear meter embankment or m ² wall) cannot be considered.

(6) the granting of aid for the Sub-measure "Irrigation" according to annex I lit. E and the Sub-measure "Protection against wild bites" listed in annex I lit. G has in accordance with the means provided by the European Union for the financial year from the template of the related having invoices and associated payment documents, as well as recent review by the cadastre leading authority in accordance with article 27, paragraph 5 following April 30 by the Federal Minister of agriculture and forestry to be environmental and water management decision. The aid is paid by the Agrarmarkt Austria.

(7) in order to ensure a balance between the Sub-measure "Irrigation" and the other part measures, the payment of aid to the Sub-measure "Irrigation" is split with the first instalment - with the exception of converted vineyards is up to 3 hectares - at least the aid for a third of the area approved for the Sub-measure "Irrigation". One or more any more partial payments shall be awarded in accordance with the means at the disposal, where other subactivities are to prioritise. When sufficient acres-related allocation of resources, distance can be taken by the Division of the payment of the aid.

Cancellation, changes




Section 26 (1) a written withdrawal of the application for approval of the plan design is possible, as long as no decision according to § 25 paragraph 2 has been made to the aid seekers. Unless the security pursuant to article 24 paragraph 3 has already been paid, is to be released immediately. Was a such decision delivered the aid seekers, a waiver on the implementation of the action is allowed until at the latest one year after the delivery of the notification.

(2) changes in an already know moderately approved conversion plan, which will affect the level of aid, are immediately, however no later than 15 March following, in writing to bring to the attention the Federal Ministry of agriculture and forestry, environment and water management. The Federal Minister for agriculture and forestry, environment and water management has administrative decision to agree to these changes or administrative decision to oppose it, he has to take into account in particular the impact of the amendment on the amount of the aid.

Completion of the work



The work within the framework of the transition measures with advance payment are 27 (1) before the end of the second marketing year following the advance payment the granting, to complete. The completion of all other conversion measures up to the by the Federal Minister for agriculture and forestry, fixed date must be made environment and water management in accordance with article 28, paragraph 1.

(2) the completion of the work is the competent land registry leading authority in writing. For the case that several leading cadastral bodies are affected, section 20 para 4 is to apply mutatis mutandis.

(3) the cadastre leading authority has to verify the full implementation of the approved conversion action and to announce the result of this review the Federal Ministry of agriculture and forestry, environment and water management. The audit reveals any shortcomings on the implementation of the transition action, is the security to be released.

(4) the conversion measure is provided in the case of the new plant of a vineyard, then as finished when all steps are completed so far, that a long-lasting, future economic use of the area as yield vineyard is ensured. Finalisierende can be made even after completion of activities within the framework of conversion measure work (E.g. on the wire frame).

(5) the invoices having reference and associated payment documents a part of the Sub-measure "Irrigation" according to annex I lit. E fully built irrigation system and within the framework of the Sub-measure "Protection against wild bites" listed in annex I lit one. G are built to provide the Federal Minister of agriculture and forestry, environment and water management until the date fixed by the Federal Minister for agriculture and forestry, environment and water management in accordance with article 28, paragraph 1, and shall be automatically forwarded to the competent land registry leading body of this. This is on the basis of the submitted documents to verify the proper construction. The confirmation of the recent review by the cadastre leading responsible (with indication of the exact extent of the newly built or recultivated slope or wall) on the part of the Sub-measure "Escarpment terraces" in accordance with Annex I lit. C and the Sub-measure "Wall terraces" in accordance with Annex I lit. D newly built or rehabilitated embankments or walls are the Federal Ministry of agriculture and forestry until the date fixed by the Federal Minister for agriculture and forestry, environment and water management in accordance with article 28, paragraph 1, to submit environmental and water management.

(6) if the establishment of an irrigation system, a system to protect against wild bites or the new reclamation a berm or wall together with the implementation of one or more other part measures, advance payment pursuant to § 25 para 4 of the approval and payment in accordance with § 25 paragraph 5 and 6 shall be separate.

Completion of the restructuring and conversion



Section 28 (1) no funds are provided by the European Union Austria more for restructuring and conversion, so failing the approval of plan designs. The resources still available at this time are used for the payment of the amount of aid for the already approved conversion measures. The Federal Minister for agriculture and forestry, environment and water management shall fix a date for the completion of this conversion measures article 27, paragraph 1; He also sets a date for the last template of the validation results according § 27 para. 3 and 5, a date for the latest possible submission of invoices and payment records according § 27 para 5 and a date for the latest possible template messages about the beginning of work gem. § 24 para 2 set.

(2) the available resources not sufficient to pay out the amount of the aid fixed amount for all approved conversion measures, the amount of aid may be reduced aliquot. However, the extent of the reduction may not exceed 50% of the originally established amount of aid. Can therefore no longer for all approved reconversion aid paid, the payment is according to the following priority to carry out:



1. conversion plans with advance payment the part measures vineyard conversion and Kommassierung in the level and conversion plans of the partial measures of slope mines or wall terraces;

2. conversion plans on the measure of part of irrigation, first instalment;

3. conversion plans without advance payment the part measures vineyard conversion and Kommassierung in the plane;

4. conversion plans on the measure of part of irrigation, more instalments;

5. conversion plans (granting gem. § 25 para. 3) on the measure of part of irrigation, first instalment;

6 conversion plans (granting gem. § 25 para. 3) on the measure of part of irrigation, more instalments;

7. conversion plans on the part of measure protection against wild bites.

7 section

Common provisions

Notification obligation



section 29. The applicant has any change, which causes that the factual or legal circumstances no longer agree with his statements in the application to display the Federal Ministry of agriculture and forestry, environment and water management in writing without delay.

Recording and archiving requirements



section 30. The applicant has all books, records and documents that relate to the granting of the premium with the diligence of a prudent businessman for seven years to be kept, there are so far no longer retention periods under other legislation. The storage period begins at the end of the wine year, in which is is the premium granted.

Duldungs - and obligation to cooperate



Section 31 (1) the applicant has the eligible books, in particular the cellar book, records, to submit documents and other documents for inspection by the institutions and the Commissioner of the Federal Minister for agriculture and forestry, environment and water management, the Federal Winery inspection, to allow entry to the premises and the production area the cadastre leading authorities and the European Union (in the following monitoring bodies) during operating hours or by appointment and on request , To provide information and to provide the necessary support.

(2) the inspection bodies are empowered to inspect the accounting, in particular in the cellar book, in the inventory and in all documentation required for the examination of the applicant.

(3) in the case of the examination, the applicant or an appropriate and informed respondent of the applicant has to be present, to provide information and to provide the necessary support.

(4) the inspection bodies may require the temporary provision of records and documents and to confirm their delivery to the applicant in this case.

(5) in the case of automation-supported accounting, the applicant shall at its own expense to create prints with the necessary data the test institutions upon request.

(6) have become third parties working for the applicant to apply paragraph 1 to 5 to this.

(7) the obligations according to para 1 to 6 in the case of full or partial transfer of the operation also apply to the legal successor.

(8) inspection bodies may require at any time further documents, the submission of originals, or attestation of signatures for detecting the indications made by the applicant, if this is necessary for the proper implementation of the action.

Control



§ Are 32. responsible for control in the implementation of the Community market regulation measures in accordance with the corresponding legislation institutions and representatives of the Federal Ministry of agriculture and forestry, environment and water management, the cadastre leading bodies, the European Union and the U.S. Winery inspection.

Forms



§ 33. For those applications and declarations that introduce are in accordance with this regulation by means of form, the Federal Minister for agriculture and forestry, environment and water management in accordance with § 33 has wine law 1999 appropriate forms, to create.




§ 34. Legislation referred to in this Regulation shall refer to the current version.



section 35. In force this regulation is Ordinance of the Federal Minister for agriculture and forestry, environment and water management to carry out Community market regulation measures in the wine sector, Federal Law Gazette II No. 328/2000, override.

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