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Implementation Of Community Market Regulation Measures In The Wine Sector

Original Language Title: Durchführung von gemeinschaftlichen Marktordnungsmaßnahmen im Weinbereich

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Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the implementation of Community market measures in the wine sector

On the basis of § § 96 (1) and (2), 99 (1) and (108) of the Act on the Rules of the Market in 1985, BGBl. No. 210, as last amended by the Federal Law BGBl. I No 108/2001 shall be prescribed:

Section 1

General provisions

Scope

§ 1. (1) The provisions of this Regulation shall be used for the implementation of the acts of the Council of the European Union and of the European Commission relating to Community market organisation measures in the wine sector.

(2) Community market measures in the wine-growing sector within the meaning of this Regulation are those laid down in Regulation (EC) No 1493/1999 on the common organisation of the market in wine, OJ L 327, 31.12.1999, p. No. 1. of 14 July 1999 OJ L 179, 14.7.1999, p.

1.

Premiums for the final abandonment of the wine-growing sector (Title II, Chapter II);

2.

Distillation (Title III, Chapter II);

3.

Aid for the use of grape must (Title III, Chapter III);

4.

Aid for private storage (Title III, Chapter I);

5.

Restructuring and conversion (Title II, Chapter III).

Responsibility

§ 2. This Regulation is responsible for the enforcement of this Regulation, as far as this Regulation or the Wine Act 1999, BGBl. I n ° 141/1999, not otherwise, the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

Section 2

Premiums for the final abandonment of the winegrowers

Planting law

§ 3. (1) The final task of the wine-growing sector in accordance with Article 8 of Regulation (EC) No 1493/1999 shall be the final task of planting rights.

(2) A planting right within the meaning of this Regulation shall be a right of planting in accordance with the wine laws of the countries.

Application for the grant of the grubbing-up premium

§ 4. (1) The application for the grant of the grubbing-up premium shall be submitted by means of a form at the office responsible for the management of the vineyard list in accordance with the wine-growing laws of the countries (hereinafter referred to as "the post-cataster-leading position"). The Federal Office for Agriculture, Forestry, Environment and Water Management has to submit the application to the Federal Minister for Agriculture, Forestry, Environment and Water Management in accordance with § 5.

(2) The application shall be made exclusively by the person entitled to be planted. If the applicant is not the owner of the land on which the vineyard is planted, the owner of the land shall agree to the application in accordance with paragraph 1 in the form. If an owner is bypassed, the application shall nevertheless be effective and any claims for damages shall be asserted in the civil law path.

Review

§ 5. The cadastral authority must also verify the legality of the planting as well as the conformity of the information provided by the applicant in the form with the entries in the wine-growing cadastre, at most with a wine garden commission. The cadastral body shall record the results of these verifications in the form.

Calculation of profitability

§ 6. (1) The average production capacity of the areas referred to in Article 8 (1) (1). (b) Regulation (EC) No 1227/2000 laying down detailed rules for the application of Regulation (EC) No 1493/1999 as regards production potential, OJ L 327, 31.12.1999, p. No. 1., it is calculated from the average yield of the holding during the last five marketing years. To this end, the applicant has to settle the nomination of the form in accordance with Article 35 (1) of the Wine Act 1999 of the last five wine marketing years.

(2) In the calculation of the average yield of the holding by the cadastral body, the wine year with the highest harvest and the wine year with the lowest harvest shall be disregarded.

(3) Up to two years of harvest with excessive yield losses due to adverse weather conditions (e.g. frost, hail, drought) have to remain unaccounted for in the calculation of the average yield of the holding. In this case, paragraph 2 shall not apply.

(4) If over the last five years of the harvest have been more than two years of harvest with excessive loss of earnings, they shall also be disregarded in the calculation of the average yield of the holding. However, the applicant has to settle a corresponding number of additional appointments of the years immediately preceding the period referred to in paragraph 1, so that an average of at least three harvest years without excessive yield loss is made possible.

(5) Where nominations are not available, the applicant has to provide other appropriate documents for the determination of the average income of the holding (e.g. a cellar book extract, transport notes).

(6) On the basis of the calculated average yield of the operation, the cadastral authority has the average production capacity of the vines to be roted on the basis of the calculated average yield of the farm, the Federal Minister for Agriculture, Forestry, the Environment and Water Management. .

(7) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to issue a communication on the average production capacity of the area to be roted. The communication shall also include the estimated total amount of the aid.

(8) In accordance with Article 8 (4) of Regulation (EC) No 1227/2000, a premium shall also be granted for areas of 10 Ar to 25 Ar if the area concerned is not the entire wine-growing area of the holding.

Robe request

§ 7. (1) The communication pursuant to § 6 (7) shall contain the obligation for the applicant to carry out the grubbing-up within six months of the legal force of the date of the decision. The beginning of the grubbing-up and the preparatory work for this purpose requires a communication in accordance with § 6 para. 7.

(2) If a grubbing-up cannot be carried out in good time due to force majeure, the applicant shall be notified to the cadastral authority. The cadastral body shall carry out such a review in the vineyard.

Gust message

§ 8. (1) The grubbing-up carried out shall be reported immediately to the cadastral body by means of the notification arches provided for in the winegrowing laws of the countries.

(2) The post office has to check the grubbing-up carried out and has confirmed to the Federal Minister for Agriculture, Forestry, Environment and Water Management a confirmation of the grubbing-up and the established period of grubbing-up by means of a form shall be transmitted.

(3) The post of the Federal Ministry for Agriculture, Forestry, the Environment and Water Management shall be responsible for the final abandonation of the planting rights in the wine-growing cadastre and shall be subject to a written confirmation by the Federal Minister for Agriculture, Forestry, Environment and Water Management. ,

Premium

§ 9. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to decide on the award of the premium. The payment of the premium will be made by the agricultural market Austria.

(2) The amount of the premium shall be equal to the amounts laid down in Article 8 (4) and (5) of Regulation (EC) No 1227/2000.

(3) A premium may only be granted in an area fixed in accordance with Section 39a (2) of the Law on Wine 1999.

Section 3

Distillation

Applications

§ 10. The following applications and declarations shall be made by means of a form:

1.

the application for approval of the supply contract between the producer and the distiller;

2.

the declaration itself to carry out a distillation on its own premises;

3.

the declaration to have a distillation carried out in a distillery carrying out wage work.

Aid

§ 11. (1) The application for aid shall be made in writing.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be notified of the aid. The payment of the premium will be made by the agricultural market Austria.

Review

§ 12. The Bundeskellereiinspektion shall verify the identity and quantity of the wine intended for distillation on its delivery to the distillery, as well as the analytical characteristics specified in the delivery contract or in the declaration. The alcohol produced in the Community distillation operations is controlled by the customs offices responsible for the alcohol tax and monopoly law in 1995.

Section 4

Aid for the use of grape must

Declaration of intent in the production of grape juice

§ 13. (1) The declaration of intent for the production of grape juice shall be submitted by means of a form to the Federal Minister for Agriculture, Forestry, Environment and Water Management at the latest three working days before the beginning of the processing procedure.

(2) Unless otherwise provided by the processor, it should be assumed that the processing procedure starts at the latest one day after the harvest.

(3) processors laid down in Article 6 (5) of Commission Regulation (EC) No 1623/2000 laying down detailed rules for the application of Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (OJ L 327, 31.12.2000, p. 45) are exempt from the obligation to submit a processing declaration in accordance with Article 6 (2) of Regulation (EC) No 1623/2000.

Note for the production of grape juice

§ 14. The competent authority to issue the visa in accordance with Article 7 (3) of Regulation (EC) No 1623/2000 is the Bundeskellereiinspektion (Bundeskellereiinspektion).

Aid in the production of grape juice

§ 15. (1) The application for the grant of the aid for the production of grape juice shall be submitted by means of a form.

(2) If the quantitative ratio is exceeded in accordance with Article 9 (2) of Regulation (EC) No 1623/2000 between the starting product and the grape juice produced, the amount of the aid shall be adjusted to the quantity of grape juice produced, corrected for the quantity of grape juice produced. The ratio referred to in Article 9 (2) of Regulation (EC) No 1623/2000.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to recognise the aid for the production of grape juice with communication. The payment of the premium will be made by the agricultural market Austria.

Aid to increase the alcohol content

§ 16. (1) The aid to increase the alcoholic strength by using concentrated grape must and rectified concentrated grape must shall be made by means of a form.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be notified of the aid. The payment of the premium will be made by the agricultural market Austria.

(3) The increase in the alcohol content shall be brought to the attention of the Bundeskellereiinspektion informally in writing at least two working days beforehand. The information referred to in Article 25 (2) of Regulation (EC) No 1622/2000 laying down detailed rules for the application of Regulation (EC) No 1493/1999 establishing a Community code of oenological practices and processes, OJ L 327, 31.12.2002, p. No. OJ L 194, 31 July 2000, p. 1.

Section 5

Aid for private storage

Application for the conclusion of a long-term storage contract

§ 17. (1) The application for the conclusion of a long-term storage contract with the Federal Minister for Agriculture, Forestry, Environment and Water Management is to be submitted by means of a form.

(2) The Federal Minister for Agriculture, Forestry, Environment and Water Management has to note the acceptance or rejection of the anbotes in accordance with paragraph 1 of the form.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall have to decide on the approval of the aid. The payment of the aid will be made by the agricultural market Austria.

Analytic Certificate

§ 18. The analytical certificate referred to in Article 29 (1) of Regulation (EC) No 1623/2000 shall be annexed to the application by means of a form.

Review

§ 19. The Bundeskellereiinspektion (Bundeskellereiinspektion) has to verify the identity and quantity of the product as well as the analytical characteristics specified in the storage contract.

6.

Restructuring and conversion

Plan Design

§ 20. (1) Each wine-building driver and each person entitled to a right of disposal of a planting right shall be entitled to submit a draft on a plan for the implementation of the conversion (conversion plan) in accordance with Article 11 et seq of Regulation (EC) No 1493/1999. If the wine-building driver is not the owner of the land on which the conversion measure is carried out, he shall have the written consent of the property owner or another proof of his entitlement to carry out the To submit a conversion measure. If an owner is bypassed, the application shall nevertheless be effective and any claims for damages shall be asserted in the civil law path.

(2) The draft plan shall have a detailed description of the proposed conversion measure in accordance with § 21, the area covered by this conversion measure, all the necessary land-related information and the date of the proposed conversion. Implementation of the conversion measure. In the case of the sub-measure "Böschungsterrassen" in accordance with Annex I lit. C and the partial measure "Wall terraces" as set out in Annex I lit. D the draft plan has the expected extent (running meter and/or Square meter) of the recultivation or re-erection of the embankment or Wall to include. In the case of the sub-measure 'Protection from wild bite' in accordance with Annex I lit. G has the plan design to include the expected length (running meter) of the new fence as well as a plan sketch.

(3) The draft plan shall be submitted by means of a form to the responsible post office responsible for verifying the conformity of the land-related information with the entries in the vineyard register. This has to be done by the appropriate district office of the respective State Chamber of Agriculture. The Landeslandwirtschaftskammer (State Chamber of Agriculture) is entitled to obtain information from the applicant in order to assess the marketing and marketing opportunities associated with the implementation of the plan. The cadastral authority must also verify the legality of the planting as well as the conformity of the information provided by the applicant in the form with the entries in the wine-growing cadastre, at most with a wine garden commission. The cadastral body shall record the results of these verifications in the form.

(4) If the conversion measure is to be carried out on land falling within the local area of responsibility of a number of cadastral bodies, the aid shall itself be responsible for the endorsement of each of the cadastral bodies. , and to submit the fully confirmed application form at the registry responsible for its registered office.

(5) The cadastral body shall forward the draft plan, which has been examined in accordance with paragraph 3, to the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

(6) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to approve the draft plan in the presence of all the necessary conditions, or to reject it in the absence of one or more of the conditions. The communication shall also include the estimated total amount of the aid.

(7) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is entitled, if appropriate, to experts of his choice for the evaluation of proposed conversion plans with a view to the suitability for the adaptation of the production to the Market demand. If this evaluation finds that a proposed conversion plan is not suitable for adapting production to market demand, the Federal Minister for Agriculture, Forestry, the Environment and Water Management can use this plan to: Reject the decision.

Conversion measure and aid level

§ 21. (1) The conversion measure presented in the draft plan shall be composed of one or more of the partial measures defined in Annex I. Each winemaker shall choose the appropriate conversion measure itself and shall ensure optimum adaptation of the production to the market conditions appropriate for its operation.

(2) The aid shall, with the exception of the sub-measure "irrigation", be referred to in Annex I lit. E and the sub-measure 'Protection from wild bite' as set out in Annex I lit. G, as a lump sum per hectare, per metre or square metre. The level of aid of the individual measures and the increase in the aid in the case of the use of a replanting right resulting from a grubbing-up in accordance with the implementation of the conversion plan are listed in Annex II.

(3) Aid level for the 'irrigation' sub-measure referred to in Annex I lit. E is 50%, or in the Objective 1 region, 75% of the cost of the establishment. The costs of the installation are made up of the accounting documents and the self-performance component to be transmitted to the Federal Minister for Agriculture, Forestry, Environment and Water Management. Account shall be taken exclusively of accounting documents of companies which are permitted to operate on the basis of their respective activities. The self-performance component shall be fixed at a flat rate of 50% of the sum of the invoice receipts, but not more than 1 090.09 Euro/ha.

(4) The level of aid for the sub-measure 'Protection against wild bite' as set out in Annex I, lit. G is calculated as follows from the cost of the installation of the fence per erdirectional running meter:

-

Wildfence or the like: The cost of the material (however, at most 5.3 Euro/lfm) will be charged at a flat rate of 50% of its own cost; the sum will result in the cost of the installation. The level of aid amounts to 50% (75% in the Objective 1 area) of the cost of the establishment.

-

Electric fence or similar:. The cost of the installation is based on the cost of material for the electric fence (however at most 0.8 Euro/lfm electric fence), the 50% self-service charge and the material costs for the equipment equipment, which can be used with invoice. (however, no more than 450,-euro per equipment). The level of aid amounts to 50% (75% in the Objective 1 area) of the cost of the establishment.

-

Account shall be taken exclusively of accounting documents of companies which are permitted to operate on the basis of their respective activities.

(5) The re-planting of the same parcel with the same variety in accordance with the same management techniques is not a conversion measure.

Areas eligible for aid

§ 22. (1) If a vineyard is newly created in the course of the conversion measure, either an existing vineyard can be cleared and/or an existing planting right (new plant law or re-planting right) can be used. If a right of planting is granted from the regional reserve set up in accordance with the Styrian Provincial Wine Act, no conversion aid may be granted for the vineyard planted on that basis.

(2) The size of a reed area shall not be less than 10 ares. If an existing vineyard is cleared under the conversion measure, the tanned vineyard shall also not be less than 10 ares.

(3) In the course of each individual conversion measure, with the exception of replanted vineyards up to 3 hectares, the reed area shall not exceed one third of the vineyard area of the holding which has been registered and planted in the vineyard list. . Changes in the framework of a procedure of the agricultural authority on the basis of the Basic Law for the Basic Law 1951, BGBl. No 103, as well as part of the irrigation sub-measure referred to in Annex I lit. E are not covered by this scheme.

(4) In accordance with Article 39a (2) of the Act of Wine 1999, a district administrative authority has established, by means of Regulation, wine-growing areas on which premiums for the final abandonment of the wine-growing sector under Title II, Chapter II, of Regulation (EC) No 1493/1999 and of the second subparagraph of Title II of Regulation (EC) No 143/99. No conversion premium will be granted for these wine-growing areas.

(5) The use of a premium for the final abandonation of the wine-growing sector in accordance with Chapter II of Title II of Regulation (EC) No 1493/1999 and the second and the conversion aid by the same holding (totality of the farmer ' s) -the production units managed on the territory of a Member State) shall be excluded at Community level for the duration of the "restructuring and conversion" measure.

(6) Reconversion measures may be carried out in the specified regions of Lower Austria, Burgenland, Vienna and Styria.

(7) The multiple implementation of the "vineyard conversion" sub-measure on the same area is excluded for the duration of the "restructuring and conversion" measure.

Compensation for loss of income

§ 23. The compensation for loss of income related to the implementation of the conversion plan shall be carried out within the framework of the flat-rate payment of the costs of grubbing-up by granting the increased aid referred to in Annex II lit. F. An amount of up to EUR 726.73 shall be considered as compensation for the loss of income and the amount exceeding that amount as a flat-rate payment of the cost of the grubbing-up.

Approval, Security Performance

§ 24. (1) The work on the conversion measure may only be initiated after its modest approval pursuant to Article 20 (6). For the assessment of the timing of the start of work for the "irrigation" sub-measure referred to in Annex I, lit. E and in the sub-measure 'Protection from wild bite' as set out in Annex I lit. G is in particular the date of receipt of invoice receipts, delivery notes or the like.

(2) The actual start of the work is, except in the case of the sub-measure "Irrigation" as set out in Annex I lit. E, the sub-measure, the 'Böschungsterrassen' referred to in Annex I, lit. C, the sub-measure, the wall terraces referred to in Annex I lit. D (in each case for the part of the recultivation or re-erection of the embankment or Wall) and the sub-measure 'Protection from wild bite' as set out in Annex I lit. G and, in the case of section 25 (3), the Federal Minister for Agriculture, Forestry, the Environment and Water Management without delay-but no later than 30 April, following the date of the approval-to be notified in writing. If the actual start of the work is notified at a later date, a late payment of the aid amount shall be made in accordance with Article 25. Announcements about a work start according to the Federal Minister for Agriculture, Forestry, Environment and Water Management according to the Federal Ministry of Agriculture and Forestry. The date of Article 28 (1) cannot be taken into account.

(3) At the same time as the communication on the start of the work, the security performance carried out in accordance with Article 15 (2) of Regulation (EC) No 1227/2000 shall be proven by a bank guarantee or by deposit by means of a seizure note. In the case of section 25 (3), no security is required.

Approval and payment of the amount of aid

§ 25. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the best possible utilisation of the funds made available by the European Union for the corresponding financial year and the most balanced possible Allocation to the individual aid workers. In particular, it has to take account of the areas allocated by the European Union to the Member States in the context of the hektar-related allocations. For this purpose, the information on the commencement of the work pursuant to Section 24 (2) and on the conclusion of the work pursuant to § 27 (3) may be arranged after the work has been received. In the case of the 'irrigation' submeasures referred to in Annex I, lit. E and "protection against wild bite" according to Annex I lit. G can be assigned to the templates of the receipt of invoice receipts and related payment documents after they have been received. In the case of the sub-measure "Böschungsterrassen" as set out in Annex I, lit. C and the partial measure "Wall terraces" as set out in Annex I lit. D (in each case for the part of the recultivation or re-erection of the embankment or Wall) may confirm the verification of the verification carried out by the responsible post office (indicating the exact extent of the newly constructed or recultivated embankments, respectively). Wall) will be lined up after a long period of time.

(2) The grant of the conversion aid shall be granted in accordance with the appropriations made available by the European Union for the financial year in question from the 30 April to the modest approval of the conversion plan by the Federal Minister for Agriculture, Forestry, Environment and Water Management in accordance with the presentation of the communication on the start of the work pursuant to § 24 para. 2. The payment of the aid will be made by the agricultural market Austria.

(3) If the majority of the total funds likely to be made available by the European Union are already bound by the plans approved in accordance with Article 20 (6), the grant of the conversion aid shall be subject to the following conditions: Subject to and in the amount of the resources available. It should be pointed out in the notice of approval pursuant to section 20 (6). In this case, the aid will be granted after completion of the work in accordance with the presentation of the communication on the conclusion of the work pursuant to § 27 (3) with communication from the Federal Minister for Agriculture, Forestry, the Environment and Water Management approved. Permits referred to in paragraph 2 shall be treated as a priority over such disbursements. The payment of the aid will be made by the agricultural market Austria.

(4) The granting of the total aid amount, except in the case of the 'irrigation' sub-measure referred to in Annex I lit. E, the "Böschungsterrassen" sub-measure as set out in Annex I, lit. C, the partial measure "Wall terraces" referred to in Annex I lit. D (in each case for the part of the recultivation or re-erection of the embankment or Wall) and the sub-measure 'Protection from wild bite' as set out in Annex I lit. G has to be made as an advance payment with the decision of the Federal Minister for Agriculture, Forestry, Environment and Water Management. The payment of the aid will be made by the agricultural market Austria.

(5) The grant of the aid for the partial measures "Böschungsterrassen" referred to in Annex I lit. C and the partial measure "Wall terraces" as set out in Annex I lit. D (in each case for the part of the recultivation or re-erection of the embankment or (a) the Council, in accordance with the appropriations made available by the European Union for the financial year in question, shall, on the basis of the confirmation of the verification carried out by the competent authority responsible for the cadastral operation (stating the exact details of the case, have been the extent of the newly constructed or recultivated embankation or The Federal Minister for Agriculture, Forestry, Environment and Water Management (Federal Minister for Agriculture, Forestry, Environment and Water Management) will be responsible for the following 30 April. The payment of the aid will be made by the agricultural market Austria. An extent beyond the extent indicated in the application (running metre of slope or slope). m² wall) cannot be taken into account.

(6) The grant of the aid to the sub-measure "Irrigation" in accordance with Annex I lit. E and the sub-measure 'Protection from wild bite' as set out in Annex I lit. G has, in accordance with the funds made available by the European Union for the financial year in question, the competent authorities responsible for the submission of the relevant accounting documents and related documents and the verification by the competent authorities of the financial statements. to be notified by the Federal Minister for Agriculture, Forestry, Environment and Water Management in accordance with Art. 27 (5) of the following 30 April. The payment of the aid will be made by the agricultural market Austria.

(7) In order to ensure a balance between the 'irrigation' sub-measure and the other partial measures, the payment of the aid to the 'irrigation' sub-measure shall be divided, the first instalment, with the exception of the repayment, to be paid. Vineyards of up to 3 hectares-at least the aid for one third of the areas approved for the 'irrigation' sub-measure. One or more additional partial payments shall be awarded in accordance with the available resources, with priority being given to other partial measures. In the case of sufficient hectare-related allocation of funds, the division of payment of the aid may be allowed to be removed.

Resignation, Changes

§ 26. (1) A written withdrawal of the application for approval of the plan is possible as long as no notification has been received in accordance with Section 25 (2) of the aid value. If the security has already been provided in accordance with Section 24 (3), it shall be released immediately. Where such a decision has been notified to the aid worker, the application of the measure shall be waiving until one year after the date of notification of the case.

(2) Changes in an already approved change-over plan that have an impact on the level of aid shall be submitted without delay to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, but no later than the following 15. March, in writing. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to agree to these amendments in a modest manner or to reject these amendments in a modest manner, in particular by the possible effects of the change on the level of the The amount of aid must be taken into account.

Completion of work

§ 27. (1) Work as part of the conversion measures with advance payment shall be completed before the end of the second marketing year following the granting of the advance payment. The completion of all other conversion measures shall be carried out up to the date set by the Federal Minister for Agriculture, Forestry, Environment and Water Management in accordance with Section 28 (1).

(2) The completion of the work shall be notified in writing to the competent authority responsible for the cadastral. In the event that several cadastral bodies are affected, Section 20 (4) shall apply mutagenicly.

(3) The cadastral body shall review the entire implementation of the approved conversion measure and shall announce the outcome of this review to the Federal Minister for Agriculture, Forestry, Environment and Water Management. If the verification does not result in any defects in the implementation of the conversion measure, the security shall be released.

(4) In the case of the new installation of a vineyard, the conversion measure shall be deemed to be completed if all the work steps have been completed to such an extent that a permanent, future economic use of the area as a yield vineyard is ensured. Finalising work (e.g. on the wire frame) can also be carried out after completion of the activities in the context of the conversion measure.

(5) The receipt of accounting documents and associated payment documents relating to one of the sub-measures "Irrigation" referred to in Annex I lit. E fully-built irrigation system and one under the sub-measure 'Protection from wild bite' as set out in Annex I lit. The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall submit the installation to the Federal Minister for Agriculture, Forestry, the Environment and Water Management in accordance with Section 28 (1) of this Annex and shall submit the Annex to the Annex. shall be forwarded by the competent authority to the competent authority responsible for the cadastral On the basis of the evidence submitted, it must verify the proper erection. The confirmations of the review carried out by the responsible post office (indicating the exact extent of the newly constructed or recultivated embankments, or Wall) on the part of the "Böschungsterrassen" sub-measure, as set out in Annex I lit. C and the partial measure "Wall terraces" as set out in Annex I lit. D newly built or recultivated embankments or embankments Walls must be submitted to the Federal Minister for Agriculture, Forestry, Environment and Water Management up to the date set by the Federal Minister for Agriculture, Forestry, Environment and Water Management in accordance with Section 28 (1).

(6) If the construction of a irrigation system, an installation for protection against wild bite or the re-establishment or recultivation of an embankment or a river, or The advance payment pursuant to section 25 (4) shall be severed from the authorization and payment pursuant to Section 25 (5) and (6) of the Wall together with the implementation of one or more other partial measures.

Completion of restructuring and conversion

§ 28. (1) If no more funds are made available by the European Union for restructuring and conversion, the approval of plan designs shall not be granted. The funds still available at this point will be used for the payment of the aid amount for the reconversion measures already approved. The Federal Minister for Agriculture, Forestry, the Environment and Water Management sets a date for the completion of these conversion measures § 27 (1); it also sets a date for the last possible presentation of the inspection results in accordance with the provisions of Article 27 (1). § 27 (3) and (5), a date for the last possible presentation of accounting documents and proof of payment in accordance with the provisions of this Regulation. Section 27 (5) and a date for the last possible submission of reports on the start of work in accordance with Section 24 (2).

(2) In order to be able to pay the amount of aid in fixed amounts for all the authorized conversion measures, the amount of aid may be reduced aliquot. However, the extent of the reduction must not exceed 50% of the amount of aid originally set. If, as a result, aid can no longer be paid out in respect of all approved conversion measures, the payment shall be made according to the following priority:

1.

Conversion plans with advance payment of the partial measures of vineyard conversion and commasing at the level as well as conversion plans on the partial measures of the Böschungerrassen and Mauerterrassen;

2.

Conversion plans for the irrigation, first instalment;

3.

Conversion plans without advance payment of the partial measures of vineyard conversion and commasing at the level;

4.

Conversion plans for irrigation, further partial payments;

5.

Conversion plans (notification of consent in accordance with the rules of the granting of consent) Section 25 (3) on the partial measure of irrigation, first partial payment;

6.

Conversion plans (notification of consent in accordance with the rules of the granting of consent) Section 25 (3) on the sub-measure of irrigation, further partial payments;

7.

Conversion plans on the sub-measure protection against wild bite.

Section 7

Common provisions

Notification duty

§ 29. The applicant shall have any change leading to the fact that the actual or legal circumstances no longer correspond to his information in the application, the Federal Minister for Agriculture, Forestry, the Environment and Water Management to notify immediately in writing.

Recording and retention obligations

§ 30. The applicant shall keep all the books, records and documents relating to the payment of the premium with the diligence of a prudent businessman for seven years, unless longer periods of retention by other means Legislation. The retention period shall begin at the end of the wine year in which the award of the premium has been granted.

Disclosure and co-action obligations

§ 31. (1) The applicant shall have the institutions and the representative of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the Bundeskellereiinspektion, the cadastral authorities and the European Union (hereinafter referred to as "Prüforgane"). to allow the entry into or after agreement of the premises and the production areas and, on request, the books to be considered, in particular the cellar book, records, documents and other documents relating to the Provide information, provide information and provide the necessary information Support to be granted.

(2) The audit bodies are authorized to inspect the accounts, in particular in the cellar book, in the inventory register and in all documents required for the examination of the applicant.

(3) In the course of the examination, the applicant or an appropriate and informed person of the applicant 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 to the applicant.

(5) In the case of automated accounting, the applicant shall, at his/her costs, draw up printed copies of the information required by the examiners.

(6) If third parties have been employed by the applicant, the provisions of paragraphs 1 to 5 shall also apply to them.

(7) The obligations laid down in paragraphs 1 to 6 shall also apply to the legal successor in the case of the complete or partial transfer of the holding.

(8) The testing bodies may, at any time to prove the information made by the applicant, require further documentation, the presentation of originals or the certification of signatures, if this is necessary for the proper implementation of the measure is required.

Control

§ 32. In accordance with the relevant legislation, the institutions and representatives of the Federal Minister for Agriculture, Forestry, the Environment and the Environment and the Environment are responsible for monitoring the implementation of the Community market rules. Water management, the cadastral bodies, the European Union and the Federal Inspectorate of the Federal States.

Form sheets

§ 33. The Federal Minister for Agriculture, Forestry, the Environment and Water Management in accordance with § 33 of the German Wine Act 1999 has to draw up appropriate forms for those applications and declarations which are to be submitted in accordance with this Regulation by means of a form.

§ 34. The legislation referred to in this Regulation shall relate to the version in force in each case.

§ 35. The regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management (BGBl), Federal Minister for Agriculture, Forestry, the Environment and Water Management, is entering into force in the field of the regulation of the regulation. II No 328/2000, except for force.

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