474. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on compliance with other obligations and on the integrated administration and control system in the area of direct payments (INVEKOS-Implementation Regulation 2005)

Pursuant to § § 96 (2), (99) and (108) of the Law on the Market Order 1985 (MOG), Federal Law Gazette (BGBl). No. 210, as last amended by the Federal Law BGBl. I No 108/2001 shall be prescribed:

Section 1

General

Scope

§ 1. This Regulation shall be used for

1.		of Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001, OJ L 145, 31.5.2001, p. No. OJ L 270, 21.10.2003, p.1,
2.		of Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and with certain provisions Support schemes for farmers, OJ C 139, 30.4.2004, p. No. OJ L 141, 30.4.2004, p. 1,
3.		of Regulation (EC) No 796/2004 laying down detailed rules for the application of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for Direct payments under the common agricultural policy and with certain support schemes for farmers, OJ L 327, 30.4.2002, p. No. OJ L 141, 30.4.2004, p. 18,
4.		of Regulation (EC) No 1973/2004 laying down detailed rules for the implementation of Council Regulation (EC) No 1782/2003 as regards the support schemes referred to in Title IV and IVa of the Regulation and the use of decommissioning areas for the production of Raw materials, OJ No. OJ L 345, 20.11.2004, p.1 and
5.		other acts of the Council of the European Union and of the European Commission on the basis of which the application of the integrated administration and control system is possible, unless otherwise provided in the relevant national rules is provided.

Responsibility

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

(2) In relation to the other obligations, the following responsibilities shall be given in 2005:

1.		for the control of compliance
a)			the basic requirements set out in Annex III, Z 2 to 4, 6 to 8 and 8a of Regulation (EC) No 1782/2003, and
b)			of good agricultural and environmental condition
		the AMA and
2.		for the monitoring of compliance with the basic requirements laid down in Annex III (1) (1) and (5) of Regulation (EC) No 1782/2003, which may be used by other authorised bodies or departments to carry out these checks.

Applications for collection, requests for product-specific aid and other direct payments, with the exception of applications for suckler cow premium and slaughter premium and advertising or transfer requests, shall apply to the applications for the operating seat of the The local agricultural chamber must be submitted to the local agricultural chamber at the district level. In federal states, where there is no agricultural chamber at the county level, the country's agricultural chambers are responsible for their position.

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

(5) The days of the post shall be included in the time limit. In the case of the legal period, the period of entry into the agricultural chamber referred to in paragraph 2 shall be the case. in the case of the application for the suckler cow premium and the slaughter premium in the case of the AMA.

Section 2

Application

Collection Application

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

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

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

(3) In the case of the cultivation of fibre hemp

1.		the original labels showing the use of certified seed and, if not apparent from the labels, a copy of the invoice document for the purpose of proving the quantity of seed used, to be submitted to the application or, where the sowing after 15 May, to be submitted by 30 June of the application year at the latest;
2.		submit the copy of the contract or the obligation referred to in Article 52 of Regulation (EC) No 1782/2003 to the application or, if the conclusion of the contract is after 15 May, to be submitted by 15 September of the application year at the latest; and
3.		in the case of the cultivation of different types of fibre on a field piece, sketches from which the respective position of the grown fibre hemp varieties is clearly indicated, ready to be kept in operation.

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

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

Application requirements

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

1.		has a payment claim pursuant to Articles 47 to 49 of Regulation (EC) No 1782/2003, which is subject to special conditions,
2.		for the suckler cow premium in accordance with Article 9 of the CAP aid Regulation, or
3.		for the slaughter premium in accordance with Article 17 of the CAP aid Regulation.

(2) Each individual eligible area must be at least 0.1 ha or a field piece within the meaning of § 3 Z 1 of the INVEKOS-GIS-Regulation, BGBl. II No 335/2004, be surrounded or surrounded by fixed frontiers.

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

Section 3

Other obligations

Good agricultural and ecological status and permanent grassland

§ 5. (1) The minimum requirements for good agricultural and environmental condition shall be laid down in the Annex as well as in paragraph 2.

(2) Permanent grassland areas

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

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

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

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

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

Alpine areas and new arable land

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

1.		these areas are considered to be forests as a result of natural rejuvenation or afforestation, or
2.		On these areas (parts), agricultural use is not possible due to circumstances caused by weather or natural conditions.

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

Section 4

Fibre hemp

Harvest date, control

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

Section 5

Operation transfer

Display period in case of transfers

§ 8. (1) The transferor and the transferee shall, by means of the competent Chamber of Agriculture of the AMA, indicate the transfer no later than 15 May of the year following the transfer, except for the delay in reporting due to circumstances which: are not located in the sphere of influence of the superimer and the contractor.

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

Aid in the event of transfers of operations

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

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

Special provisions for the slaughter premium

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

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

6.

Common provisions

Recovery

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

1.		less than 100 euro (interest not included) or
2.		less than EUR 50 if the interest has to be recovered separately from the sums unduly paid,
Distance, if the administrative burden is disproportionate to the amount of the amount to be recovered.

§ 12. For the purpose of calculating interest rates in accordance with Article 73 (3) of Regulation (EC) No 796/2004 in the event of a recovery, the notification of the letter of recovery shall be presumed on the third working day following the post-post mission.

§ 13. (1) In the course of the recovery of unduly paid amounts, the corresponding amount shall be deducted from the AMA under the application of Article 73 (2) of Regulation (EC) No 796/2004 of advances or payments following the adoption of the recovery modest.

(2) Subpayments and partial compensation shall be counted first on the capital and only after the repayment of the capital on the interest.

Payout for recalculation

§ 14. In the case of new calculations, the AMA may not be eligible for aid if the amount of the difference resulting from the recalculation per aid application and measure is disproportionate to the costs incurred and the administrative costs involved. is.

Notice of determination

§ 15. 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

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

Retention duties

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

Disclosure and co-action obligations

§ 18. (1) For the purposes of the review, the holder of the holding shall have the institutions and agents of the Federal Ministry of Agriculture, Forestry, Environment and Water Management, the AMA, the competent authorities pursuant to Section 2 (2), the Court of Auditors, the The European Community and the European Court of Auditors (hereinafter referred to as 'the audit process') shall provide the business and premises as well as the land during the business and operating hours or by agreement.

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

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

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

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

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

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

Reporting requirements

§ 19. The AMA shall be informed of the following information on the legal standards referred to in Annex III to Regulation (EC) No 1782/2003, which are necessary for the exercise of their legally mandated scope of duties:

1.		the competent authorities responsible for the enforcement of the legal standards referred to in Annex III to Regulation (EC) No 1782/2003, all the information required for the selection of the control sample referred to in Article 45 of Regulation (EC) No 796/2004, and
2.		by the courts and criminal authorities, all information concerning the outcome of criminal proceedings initiated in the legal force on the grounds of non-compliance with other obligations established on the basis of agricultural holdings, for the purposes of assessing whether: Penalties provided for in Articles 66 and 67 of Regulation (EC) No 796/2004 shall apply.

Section 7

Final provisions

§ 20. (1) This Regulation shall enter into force 1. Jänner 2005 in force.

(2) With the entry into force of this Regulation, the Invekos Implementation Regulation, BGBl. II No 180/2002, as amended by the BGBl version. II No 171/2003.

(3) However, the Regulation referred to in paragraph 2 shall continue to apply to applications submitted before the first subparagraph of Article 1 (2) of the Regulation. Marketing years, premium periods or commitments started in January 2005.

Pröll

Annex to § 5 (1)

The minimum requirements for good agricultural and environmental condition are:

1.		Arable land, which is not used for agricultural production, must be greeted and maintained over the growing season, unless otherwise provided for by nature protection requirements or other contractual conditions. Programmes or project-oriented agreements are provided for a different approach.
2.		Soil cultivation with agricultural machinery on farmland is not permitted on frozen soils, on all water-saturated or flooded soils and in the case of closed snowpack.
3.		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.
4.		Terraces must not be removed. Excluded are those terraces, the disposal of which is expressly provided for in the framework of official agricultural procedures.
5.		The burning of straw on stubble fields shall be prohibited unless, on a case-by-case basis, the competent authority authorises an exception on the basis of circumstances relating to the weather and on construction or on the basis of phytosanitary reasons.
6.		The areas are to be maintained in a satisfactory agronomic condition, with the maintenance of a liquidate, buzzing or deferment by appropriate care measures, unless due to specific nature protection laws or in the case of A different approach is provided for in the context of specific measures taken in accordance with the Treaty. The annual minimum maintenance measure by chopping up to maintain a liquidator, buzzing or deferment shall not exceed the maximum amount of 50% of the area of the pasture and permanent pasture (excluding Hutweides, mountain mowers, meadows and alms). On all other areas an annual use of the growth must be carried out by harvesting or grazing. Excluded from the harvest obligation are areas on which a harvest due to hail, floods, floods, murings or the like is economically no longer meaningful.
7.		Landscape elements, which are particularly protected and designated in the context of regulations and regulations of nature protection (e.g. natural monuments), must not be removed.