335. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on an area identification based on a geographical information system (INVEKOS-GIS-Regulation)

Pursuant to Section 99 (1), (108) and (113) of the Law on the Law of the Market in 1985 (MOG), 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) This Regulation shall serve the purpose of:

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 of 21. 3 October 2003, p. 1,
2.		of Regulation (EC) No 796/2004 laying down detailed rules for the application of other obligations, 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 April 2004, p. 18 and
3.		other acts of the Council of the European Union and of the European Commission, which make it possible to apply the integrated administration and control system.

(2) It shall also apply, where applicable, to national state aid granted by the Federal Republic of Germany.

Section 2

Area Details

Collection Application

§ 2. Information in the application for collection (multiple trapping areas) on the location, extent and use of agricultural land used in agriculture, in particular in the sheet form, and other related area information shall be given in accordance with the Provisions of this section.

Definitions

§ 3. For the purposes of this Regulation:

1.		Field piece: a clearly identifiable management unit with only one type of use as defined in § 7, which is wholly within or outside the less-favoured area.
2.		Land: that part of a catastral community, which is referred to in the border cadastre or in the basic control cadastre as such with its own number.
3.		Part of the piece of land on the field piece: the area part of a land part belonging to a particular field piece.
4.		Impact: a cohesive area on a field which is managed for a growing season with only one culture or on which any culture is lacking.
5.		Katastralmappe: the graphical part of the land tax or border catasters, which includes the location and designation of the land, as well as the delimitation of the uses and uses in the sense of the surveying act.
6.		Digital terrain elevation model: description of the earth's surface in the form of a regular height grid.

Surface Identification

§ 4. (1) For the determination of the location and extent of land used for the determination of their eligibility, the land data of the digital Katastralmappe conducted by the Federal Office of Eich-und Vermessungswesen (Bundesamt für Eich-und Vermessungswesen) (im The following DKM) the basis. If the DKM does not contain the relevant land due to a merger procedure, the agricultural authority's severance certificate shall be used.

(2) For the determination of the slope inclination of the land, the digital terrain elevation model of the Federal Office for Eich-und Vermessungswesen (Federal Office for Eich-und Vermessungswesen) is to be used as a basis for the grid width of 10 metres at the most, taking into account the terrain structures.

Field piece, part of the land on the field piece and impact

§ 5. (1) Surface information on the field piece, part of the base piece on the field piece, and impact take place starting from the determined base surface area. The extent of the area is to be determined for the area actually used. Areas which are not eligible for aid, such as in particular for road or building areas, shall be drawn off from the land area, as well as hedges, ditches, trees or walls, unless otherwise specified in paragraph 2.

(2) Landscape characteristics within the meaning of Article 30 of Regulation (EC) No 796/2004 shall be considered to be part of the area actually used if, in particular, they have a width of two metres or in proportion to the area actually used, without prejudice to the rules of the aid. The total area of the field piece does not exceed a significant size.

Surface extent

§ 6. The extent of the area shall be indicated in hectares and Ar, rounded in commercial terms.

Usage types

§ 7. The field piece can be used as:

1.		Acker;
2.		Grassland;
3.		Special culture;
4.		Special culture in terraced form;
5.		Vineyard in the yield, including young plants and cut-out gardens;
6.		other useful areas;
7.		Alm;
8.		Community pasture;
9.		Mitbebumene Alm;
10.		Community pastures in which they are repentant;
11.		Vineyard in the yield, including virgin plants and cut-in gardens-Terrace facilities;
12.		other types of use to be pointed out.

Section 3

Farm card

Definition

§ 8. The court card is a cartographical document created using computer-aided geographical information techniques. In any case, orthophotographs can be seen from the agricultural areas of an operation:

1.		the graphic data collection of the individual plots according to DKM (borders, numbers, usage lines and usage symbols);
2.		the boundaries of the field due to digitisation on behalf of the applicant, or in the absence of a proposal for the formation of a field, on the basis of the last application submitted before the court card was drawn up.

Usage

§ 9. (1) The court card shall serve as an aid to the applicant in the determination of the location and extent of areas relevant to aid.

(2) The court card is to be used by the agricultural market Austria for on-the-spot checks.

Access

§ 10. (1) The agricultural market Austria shall transmit an expression of the court card to all applicants who have submitted an application for collection (multiple trag areas) for the last application date lying before the date of the preparation of the court card. In doing so, it can serve the task of apposite representatives. For the first time, farmers who have not submitted a collection request (multiple trait areas) will be sent the court card after the next application.

(2) An electronic access of the applicant to the data of the court card including internet application shall be ensured.

Processing of the court card

§ 11. Changes and additions to the electronic court card shall be made exclusively by the agricultural market Austria and by commissioned bodies.

Section 4

Common provisions

Application Start

§ 12. This Regulation shall apply to applications for aid submitted for the calendar years from 2005 onwards and to other areas of the area referred to in § 2, which shall be made as from 1 January 2005.

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