174. Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the payment of aid for starch potatoes and a premium for potato starch (starch potato aid and potato starch premia-Regulation 2004)

Pursuant to § § 99 (1) and (108) of the 1985 Act on the Rules of Procedure, Federal Law Gazette (MOG), BGBl. No. 210, as last amended by the Federal Law BGBl. I No 108/2001 shall be assigned:

Section 1

General provisions

Scope

§ 1. This Regulation provides for the implementation of Regulation (EC) No 1868/1994 establishing a quota system in relation to the production of potato starch, OJ L 327, 31.12.1994, p. No. OJ L 197 of 30 July 1994 S 4, as last amended by Regulation (EC) No 1782/2003, OJ L 197, 21.7.2003, p. No. OJ L 270 of 21. 1, of Regulation (EC) No 2236/2003 laying down detailed rules for the implementation of a quota system for the production of potato starch, OJ L 327, 31.12.2003, p. No. 45, and Regulation (EC) No 2237/2003 laying down detailed rules for the implementation of certain support schemes pursuant to Title IV of Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the framework of the common agricultural policy and establishing certain support schemes for farmers, OJ L 327, 30.4.2002, p. No. OJ L 339 of 24 December 2003 S 52.

Responsibility

§ 2. (1) For the purposes of the enforcement of this Regulation, the information on the quota allocation shall be based on the notification of the quota allocation. Article 3 (3) and the reduction of the quota in accordance with Article 3 (3). Article 6 (2) of Regulation (EC) No 1868/1994 of the Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible.

(2) The market organisation "Agrarmarkt Austria" (AMA) shall be responsible for the enforcement of the other provisions of this Regulation.

Section 2

Quota system for potato starch production

Notification of information

§ 3. The Federal Minister for Agriculture, Forestry, Environment and Water Management shares the starch company until the 31. January 2005, and thereafter at three-year intervals, the information on the quota allocation for the following three marketing years.

Overrun of the quota allocated

§ 4. (1) The starch undertaking shall notify AMA by 31 March of each marketing year whether and, where appropriate, the quantity of the quota allocated has been exceeded.

(2) The use of an intervention on the quota for the following marketing year in accordance with. Article 6 (2) of Regulation (EC) No 1868/1994 shall apply until 31 March of each marketing year to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the percentage of which shall be exactly the same as the percentage of the intended use. is.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall make such a request up to the maximum extent of 5% of the quota for the following marketing year. Under one, this quota shall be reduced accordingly.

Section 3

Aid for starch potatoes

Application

§ 5. (1) The aid for starch potatoes in accordance with. Article 24 of Regulation (EC) No 2237/2003 shall be granted on written application by means of a form laid down by the AMA. Farmers shall submit their applications by 15 May of each marketing year, for the first time until 15 May 2004. For the marketing year 2004/2005, the application for aid for starch potatoes shall be the application in accordance with Article 4 of the CPV-VO 2000, BGBl. II No 496/1999. It shall contain the following information:

1.		Name and address of the holder.
2.		A copy of the cultivation and supply contract concluded with the starch company.
3.		Confirmation by the farmer that he/she is aware of the conditions for granting the aid.

(2) From the 2005/2006 marketing year, the aid for starch potatoes shall only be within the scope of the application in accordance with. § 4 of the KPV-VO 2000, BGBl. II No 496/1999.

(3) The exact extent of the area covered with potatoes, together with the identification of the parcel, is the result of the land use list according to § 4 (1) Z 4k of the KPV-VO 2000, BGBl. II No 496/1999.

Get Help

§ 6. The farmer may use the starch undertaking with which he has concluded an extension and supply contract for potatoes intended for the production of starch, as an aid for the provision of errands. This contractual relationship shall include the receipt of the aid by the running aid and its forwarding to the farmer. Such a procedure must be confirmed in written form at the same time as the holder of the application is submitted by the farmer, and shall be notified to the starch undertaking by the AMA. This has committed itself in this case to the payment of the received payment to the farmer unlawfully.

Section 4

Manufacturer Premium

Application

§ 7. The starch undertaking shall have the manufacturer's premium in writing, following the removal certificates and payment lists, in each case separately for starch potato producers, as well as documents, original or copy, which confirm that it is the Potato starch produced during the marketing year concerned to apply to the AMA. This request shall contain the following information:

1.		Delivery period, quantity and starch content of the supplied potatoes.
2.		Processing period.
3.		Quantity of starch produced.

List of contracts

§ 8. By 31 May of each marketing year, the starch undertaking shall forward to AMA a summary list of contracts for the first time up to 31 May 2004 for the necessary checks, in which, for each contract, the list shall be: The identification number, the name of the starch potato producer, the area under cultivation and the quantity of the contract in tonnes expressed in terms of starch equivalent.

Control of the takeover of starch potatoes

§ 9. The control of the removal of starch potatoes during the holding or on a takeover point of the starch undertaking shall be carried out by persons who have the necessary expertise and reliability, and not from the findings of the findings. are directly affected. The existence of the necessary expertise shall be adopted, in particular, in the case of persons who, on account of their professional experience, are in a position to properly carry out the tasks assigned to them. Operators of the starch undertaking which do not hold a managerial position in the undertaking shall be deemed not directly affected by the result of the determination.

Authorisation as inspector

§ 10. (1) The approval as a inspector shall be requested in writing by the starch company at AMA. Such a request shall include the name, address, role and position of the person in question in the starch undertaking. It must be completed by this person, as well as by the starch company.

(2) AMA may make the authorisation subject to further conditions and shall be subject to conditions as far as it is necessary for the monitoring of the quantity, nature and nature of the starch potatoes.

Withdrawal of authorisation

§ 11. Where it is established that the prescribed weight and quality findings are not properly carried out, or that a controller does not have the necessary expertise or reliability, the approval shall be given by the AMA.

Responsible Officer

§ 12. The starch undertaking shall comply with the obligations imposed on it by the competent authority itself, or shall appoint one or more appropriate agents responsible for this purpose. Such an order must be completed by the person (s) ordered (s) and the AMA must be notified in writing in a two-way copy.

Section 5

Final provisions

Recording and retention obligations

§ 13. (1) In any case, the farmer shall keep the following supporting documents for control purposes:

1.		Cultivation and supply contract with the starch company.
2.		All acceptance certificates for potatoes supplied for starch production.
3.		Receipt of payment receipts of payments made by the starch undertaking.

(2) This supporting document shall be kept safe, ordered and verifiable for seven years from the end of the calendar year to which it relates.

§ 14. The starch undertaking shall, in particular, be obliged to:

1.		to have properly clerical books,
2.		keep these documents and the business documents referred to them seven years from the end of the calendar year, with the diligence of a prudent businessman,
3.		the AMA shall indicate at least two working days before the beginning of the expected delivery of the starch potatoes, the take-over points and stocks intended for this purpose, as well as the respective expected period of deliveries and processing.

Disclosure and co-action obligations

§ 15. (1) The institutions and representatives of the Federal Ministry of Agriculture, Forestry, the Environment and Water Management, the AMA, the European Union and the European Court of Auditors (audit bodies) are subject to the areas under cultivation, the operation and the operation of the storage rooms of the holder, as well as the entering of the business, operating and storage rooms of the starch undertaking, the holding of the stocks of potatoes and starch, and the taking of samples from the potatoes stored in the starch undertaking, and The amount of starch during the business or Operating time or by agreement.

(2) The examining bodies are authorized to inspect the accounts and all documents, insofar as it is considered necessary for their examination. Copies of the documents are to be made available free of charge upon request.

(3) In the course of the examination, an appropriate and informed person shall be present, on request, to provide information and to provide the necessary assistance.

(4) The examiners may require the temporary transfer of records and documents in the original. In this case, the suspension shall be confirmed.

(5) In the case of automation-assisted accounting, printouts with the necessary information must be created at the request of the examiners. The cost of this is borne by the farmer or the starch company.

Criminal determinations

§ 16. (1) Administrative transgressing within the meaning of Section 117 (2) of the MOG shall in particular be referred to

1.		incorrect or incomplete information of the actual nature or use in order to obtain, for itself or another, aid or a producer premium; or
2.		the inspector does not properly fulfil the supervisory duty to which he is responsible.

(2) The AMA shall, in accordance with its competence, be informed by the administrative and judicial authorities of the outcome of the criminal proceedings pending before them pursuant to this Section.

Reporting obligation

§ 17. However, by 15 June 2004, the AMA has, by 15 June 2004, the Federal Minister for Agriculture, Forestry, Environment and Water Management the data referred to in Article 20 of Regulation (EC) No 97/95, but by 15 June of each subsequent marketing year the data referred to in Article 19 of the Regulation (EC) No 2236/2003.

Final provisions

§ 18. With the entry into force of this Regulation, the Erdäpfel-Compensation and Earth Apple Starch Premiums-Regulation 1995, Federal Law Gazette (BGBl). No. 629/1995, i.d.F. BGBl. II No 342/2000.

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