228. Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management and the Federal Minister for Economic Affairs and Labour on the statistics on horticulture and field vegetable cultivation

Pursuant to § 4 paragraph 3, § § 5, 6 para. 1, 2 and 3, § 8 paragraph 1, § § 9, 19, 30 and 32 paragraph 4 Z 1 of the Federal Statistics Act 2000, BGBl. I No 163/1999, as last amended by BGBl. I n ° 71/2003, will be in agreement with the Federal Chancellor, with regard to § 11, in agreement with the Minister of Finance and with regard to § 10 on the basis of § 3 of the LFBIS Act, BGBl. No 448/1980, as last amended by BGBl. No 505/1994,

Arrangement for the compilation of statistics

§ 1. In accordance with this Regulation, the Bundesanstalt Statistik Österreich (Bundesanstalt) has carried out surveys and, on the basis of the data collected by 30 June 2005, compile statistics on horticulture and field vegetable cultivation in each case.

Statistical units

§ 2. (1) Statistical units are natural and legal persons as well as partnerships, which

1.		horticultural holdings and nurseries with at least 10 artisanal farmland or a greenhouse (high-glass or plastic), or
2.		Agricultural holdings with at least 10 ares of agricultural land, including areas in two-tangled crops by agricultural crops
.

(2) The statistical units referred to in paragraph 1 (1) (1), which are subject to the industrial order, shall be included in the survey, in so far as they are in accordance with the conditions laid down in paragraph 1 (1) (1).

(3) The survey excludes holdings with exclusive forest seed production or forest seed production and holdings which produce only for their own use.

Reference period, reference period

§ 3. (1) Date of survey of the characteristics referred to in Annex I Section A, Z 1, 2, 6, 7, 9 to 13 and in accordance with Annex II Section A, Z 1, 2, 6, is 1 July 2004.

(2) The characteristics referred to in Annex I Section B shall be collected over the calendar year 2003 (reference period).

(3) The characteristics referred to in Annex I Section A, Z 3 to 5, 8 and C Z 1 to 3, and Annex II Section A, Z 3 to 5 and Section B shall be collected in the calendar year 2004.

Survey characteristics

§ 4. The following survey characteristics shall be collected:

1.		in the case of statistical units in accordance with Article 2 (1) (1), the Annex I and
2.		in the case of statistical units in accordance with Article 2 (1) (2), the Annex II
features listed below.

Survey Type

§ 5. The survey characteristics are to be collected in the form of a full survey by survey of the statistical units.

Implementation of the survey

§ 6. (1) The survey according to § 5 shall be carried out in written form. The Federal Institute has to apply the survey documents (questionnaires and explanations) in a uniform manner for the Federal Republic of Germany and to ensure delivery to the parties responsible for providing information.

(2) The Federal Institute shall carry out the survey from 1 July to 30 September 2004. It can be used to carry out the collection of appropriate third parties (Section 27 of the Federal Statistics Act 2000).

Obligation to provide information

§ 7. (1) In the case of the surveys, the obligation to provide information according to § 9 of the Federal Statistics Act 2000 on the survey characteristics is compulsory.

(2) For the purpose of providing information, those natural and legal persons as well as partnerships of the commercial law are obliged to operate a statistical unit in their own name.

Obligation to provide information to the parties responsible for providing information

§ 8. (1) The parties responsible for providing information in accordance with § 7 shall be obliged to complete the survey forms laid out by the Federal Office in full and to the best of their knowledge and to return them to the address in question within a period specified therein.

(2) In so far as the data of the characteristics in accordance with § 3 (3) of the year 2004 are not yet available to the respondent at the time of the survey, he shall carry out an estimation to the best of his knowledge.

Information on disclosure requirements

§ 9. The Federal Institute has to provide information on the legal consequences according to § 66 of the Federal Statistics Act 2000 in the case of refusal of information and in the case of information which is knowingly incomplete or not to the best of its knowledge.

Transmission of data to the LFBIS

§ 10. The Federal Institute has to send the collected individual data to the Federal Minister for Agriculture, Forestry, Environment and Water Management for inclusion in the agricultural and forestry operating information system (LFBIS).

Cost replacement

§ 11. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management provides the Federal Institute with a total cost of € 342 778,-minus the costs of the European Union as part of the technical action plan for the improvement of the Agricultural statistics (TAPAS) of the Federal Institute for the Promotion of Subsidies. The Federal Institute has to submit a corresponding funding request to the European Union.

(2) The payment of the cost replacement shall be made as a one-off payment by the end of 2004.

Out-of-Force Trees

§ 12. This Regulation shall enter into force after the end of 31 December 2005.

Pröll Bartenstein