First Regulation On The Implementation Of The Eu Special Support Measures In The Fruit And Vegetable Sector In The Year 2015

Original Language Title: Erste Verordnung zur Durchführung von EU-Sonderstützungsmaßnahmen im Sektor Obst und Gemüse im Jahr 2015

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First Regulation on the implementation of EU special support measures in the fruit and vegetables sector in 2015

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EUFruit Vegetable DV 1 2015

Date of expend: 12.01.2015

Full quote:

" First Regulation implementing EU Special Support Measures in the Fruit and Vegetables Sector in 2015 of the 12th century. January 2015 (BAnz. AT 14.01.2015 V1), as defined by Article 1 of the Regulation of 24 December 2008. June 2015 (BAnz. 2015 AT 02.07.2015 V1) has been modified "

V occurs gem. § 13 sentence 2 idF d. Art. 1 V v. 24.6.2015 BAnz AT 02.07.2015 with expiry of 31.12.2015 out of force
Stand:Modified by Art. 1 V v. 24.6.2015 BAnz AT 02.07.2015 V1

See Notes

Footnote

(+ + + Text proof: 15.1.2015 + + +)
(+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +). For use, see: § 13 + + +)
(+ + + Official note of the norm-provider on EC law:
Implementation of the
TEU 1031/2014 (CELEX Nr: 32014R1031) cf. § 1 + + +)

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input formula

Based on § 6 (1) (1) (g), (s) and (t) in conjunction with paragraph 4, sentence 1, § 8 (1), § § 15 and 16, and § 31 paragraph 2, sentences 1, 3 and 4, respectively in conjunction with Section 6 (4), second sentence, of the Law on the Market Organisation, as amended by the Notice of 24. June 2005 (BGBl. I p. 1847), of which § 6 (1) was last amended by Article 2 (20) of the Law of 6. June 2013 (BGBl. 1482), § 6 (4), § 8 (1) and § 15 sentence 1, and § 31 (2) sentences 1 and 3 by Article 1 of the Law of 29. July 2009 (BGBl. 2314), in conjunction with Section 1 (2) of the Jurisdiction Adjustment Act of 16. August 2002 (BGBl. 3165) and the organisational decree of 17. December 2013 (BGBl. 4310), the Federal Ministry of Food and Agriculture, in agreement with the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and Energy: href="index.html#BJNR601400015BJNE000201360"> unofficial table of contents

§ 1 Scope, jurisdiction, business location

(1) The provisions of this regulation apply to the implementation of the Delegated Regulation (EU) No. 1031/2014 of the Commission of 29 Other temporary special support measures for producers of certain fruits and vegetables (OJ L 327, 28.12.2014, p. 22), as amended by the Commission Delegated Regulation (EU) No 1371/2014 of 19 May 2014, December 2014 amending the Delegated Regulation (EU) No 1031/2014 with further temporary special support measures for producers of certain fruits and vegetables (OJ L 327, 30.12.2014, p. OJ L 366, 20.12.2014, p. 20).(2) The Federal Institute for Agriculture and Food (Bundesanstalt) is responsible for the implementation of the act referred to in paragraph 1 and this Regulation, as far as
1.
the legal acts referred to in paragraph 1 and those of the Federal Republic of Germany which are subject to the institutions of the European Union are subject to the obligation to provide assistance and
2.
is to monitor compliance with the quantity fixed in Article 2 (1) (b) of the Delegated Regulation (EU) No 1031/2014.
for the purposes of implementing the act referred to in paragraph 1 and this Regulation shall be responsible for the bodies responsible for national law (Landesstellen).(3) For applicants who are not members of a Member of a European Parliament and of the Council of the European Communities of the European Parliament and of the Council of 17 November 2013, 1 December 2013 on the common organisation of the market in agricultural products and repealing Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 378, 27.12.2007, p. 671), the producer organisation in the fruit and vegetable sector (producer) is the national authority of the country in which the producer has its registered office. In addition, the rules of competence remain in accordance with the fruit and vegetable producer organisation implementing regulation of 25. September 2014 (BGBl. I p. 1561).(4) The registered office of the national office shall be the place of responsibility of the financial office responsible for the determination of the income tax of the producer. In the case of corporate bodies, associations of persons and property, the principal place of business shall be the place where the institutions empowered to represent them are established. Non-official table of contents

§ 2 End of destination for products withdrawn from the market

intended purpose for products withdrawn from the market is the free distribution within the meaning of Article 34 (4) of Regulation (EU) No 1308/2013. Non-official table of contents

§ 3 Non-profit institutions and charitable foundations; evidence

(1) Non-profit institutions or charitable organizations Foundations within the meaning of Article 34 (4) (a) of Regulation (EU) No 1308/2013 are bodies that
1.
non-profit or charitable purposes in the sense of the Tax regulations,
2.
in the case of public service providers, tasks of education, training, training, youth welfare, care for the elderly, health care, or of the welfare system or in favour of the persons referred to in Article 53 of the Tax Code, or
3.
as institutions within the meaning of § 4, point 16, 18 or 23 the sales tax law is exempt from VAT.
(2) The entities referred to in paragraph 1 shall, if they receive products within the framework of a free distribution within the scope of the Regulation referred to in § 1, shall have the following: producer organisation or producer, in the case referred to in paragraph 1 (1) and (3), a certificate from the financial office and, in the case of paragraph 1 (2), a certificate issued by the institution for the fulfilment of the conditions in question. In the case of paragraph 1 (1), the certificate referred to in the first sentence of the first sentence shall also apply to the last tax decision or exemption certificate issued by the institution pursuant to Section 5 (1) (9) of the Corporation Tax Law for the purpose of the prosecution tax-privileged purposes have been exempted from corporation tax, or a still valid certificate from the tax office on the tax deductibility of donations-donations-to the institution.(3) The entities referred to in Article 34 (4) of Regulation (EU) No 1308/2013
1.
have written a written declaration to the producer organisation or to the producer. Article 83 (1) of the Commission Implementing Regulation (EU) No 543/2011 of 7 June 2009, Implementing Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (OJ L 327, 28.11.2007, p. No. 1) shall be made available at the national office and
2.
are from the obligation referred to in Article 83 (1) (b) of the Regulation (EU) No 543/2011 exempted.
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§ 4 Distribution of quantities

pursuant to Article 2 (2) of the Delegated Regulation (EU) No 1031/2014 sets the quantity for market withdrawals to 3 450 tonnes (maximum quantity). Non-official table of contents

§ 5 Market withdrawals from producers

Producers have market withdrawals under Article 5 (5) of the Delegated Regulation (EU) No 1031/2014 of the Landesstelle. Non-official table of contents

§ 6 Advance notifications from producer organizations and producers

(1) Producer organizations and producers have the 15. January 2015 at least five working days (without a Saturday) in advance by telex or electronic means of any action taken by the national authorities. In the advance notice, the weight in kilograms, without packaging and other components, of the products concerned shall be indicated at which place the products concerned are at the time of notification, at which point in time the measure shall be taken , and to which equipment the products are to be delivered. The Landesstelle shall immediately inform the producer organisations and producers if the entity referred to in the advance notice is not eligible for the products under this measure. In this case, the producer organisations and the producers of the Landesstelle shall designate a different body.(2) The products intended for withdrawal of the market shall remain in the place referred to in the communication referred to in the second sentence of paragraph 1 until such time as the control and release for the distribution by the national authority has been carried out or the country body has been notified of such a decision. is that it does not carry out any checks. Non-official table of contents

§ 7 Communications on completed measures

(1) Producer organizations and producers have completed the conclusion of the measures referred to in § 6 communicate the measures notified to the regional authorities without delay. This shall indicate the quantities in kilograms, without packaging, recorded by the measure, and the date of completion of the measure. To the extent that the costs of sorting and packaging according to Article 82 of the Implementing Regulation (EU) No 543/2011 are also to be claimed, this shall be indicated for the quantity concerned. Where transport costs are to be claimed in accordance with Article 81 of the Implementing Regulation (EU) No 543/2011, these quantities shall be broken down in accordance with the distances between the two points referred to in Annex XIII of the Implementing Regulation (EU) No 543/2011 the place of withdrawal of the market and the place of delivery. Quantities for which additional costs for refrigerated transport have been incurred shall be shown separately.(2) The implementation of the measure shall be completed when the quantity has been completely delivered to the recipient.(3) If the quantities communicated in accordance with § 6 are delivered in partial deliveries to the recipient, in addition to the notification referred to in paragraph 1, each Monday to 10.00 a.m. shall, in fact, be sent to the recipient during the previous week as part of these partial deliveries. shall be notified of the quantities of the country. Non-official table of contents

§ 8 Monitoring of compliance with the maximum quantity

(1) The Länder report to the Federal Institute in accordance with § 7 Messages received on completed actions
1.
every Thursday to 12 noon the communications received from Monday to Wednesday of the same week and
2.
every Monday to 12 noon on Thursday and Friday of the previous week.
The messages contain the quantity of the messages received from the Withdrawal of products covered by the market and the date of completion of the measure.(2) For the purpose of obtaining the day of exceeding the maximum quantity, the quantitative limit shall be the quantities covered by the measures completed, in accordance with the chronological order of completion of the measure up to the date on which the quantity of the maximum quantity is exceeded. Maximum quantity is written off. The Federal Institute shall immediately inform the Länder of the date of reaching the maximum quantity and shall make this known in the Federal Gazette. From this day on, no notifications shall be made pursuant to paragraph 1. Non-official table of contents

§ 9 Granting of support

(1) Countries share the sum of the quantities that are the subject of measures up to and including the The first sentence of the first sentence of paragraph 2 has been and for which assistance under Article 9 of the Delegated Regulation (EU) No 1031/2014 is requested, the Federal Institute for the period up to and including 14. August 2015. The Federal Institute shall inform the Länder of the sum of the quantities communicated to it in accordance with the first sentence of this Article, up to the date of 19. August 2015. If the sum of the quantities for which assistance is requested in the second sentence exceeds the maximum quantity, the quantities applied for shall be reduced in proportion.(2) The Bundesanstalt shall make known the sum referred to in the second sentence of paragraph 1 in the Federal Gazette. Non-official table of contents

§ 10 Patterns, forms, forms

(1) The Landesstellen can be used for communications, applications, and explanations. give or form forms or forms, including in electronic form.(2) Insofar as the Landesstellen announce patterns or withhold forms or forms, they shall be used. Non-official table of contents

§ 11 Contributor obligations

The Länder share the information provided by the Federal Institute for the fulfilment of the notification requirements of the Federal Office for the Protection of the Environment. Federal Republic of Germany to the institutions of the European Union in accordance with the legal act referred to in § 1 shall be required in good time to ensure that the notification obligations referred to above may be properly fulfilled. Non-official table of contents

§ 12 Retention, Dulling and contributor obligations

(1) The applicant has the application and/or application to keep the documents and all other supporting documents for the granting of the aid up to the end of the fifth year following the granting of the grant. Other provisions, which have a longer retention period, shall remain unaffected.(2) For the purpose of monitoring,
1.
Producer organisations and producers who submit an application under Article 9 of the Delegated Regulation (EU) No 1031/2014 ,
2.
Members of a producer organisation which has submitted an application under Article 9 of the Delegated Regulation (EU) No 1031/2014 and the products thereof The subject matter of this application, as well as
3.
recipients of products distributed free of charge
, shall be subject to the staff of the national authorities within the limits of their responsibilities. This Regulation shall allow the entering of business, operating and storage facilities and of the operating areas during business and operating hours. Upon request, the relevant books, records, documents, documents, data carriers, maps and other documents shall be made available for inspection, information and assistance shall be provided. In the case of automated guided recordings, the parties responsible for providing information in the first sentence shall be obliged to produce the necessary printouts at their costs, as far as the Landesstellen require it. unofficial table of contents

§ 13 Entry into force

This regulation will enter into force on the day after the announcement. It occurs at the end of the 31. December 2015. It shall continue to apply to situations which have occurred before that date.