Second Regulation on the implementation of EU special support measures in the fruit and vegetable sector in 2014

Original Language Title: Zweite Verordnung zur Durchführung von EU-Sonderstützungsmaßnahmen im Sektor Obst und Gemüse im Jahr 2014

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Second Regulation on the implementation of EU special support measures in the fruit and vegetable sector in 2014

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EUObstVegetable DV 2014 2

Date of completion: 15.10.2014

Full quote:

" Second Regulation on the implementation of EU special support measures in the fruit and vegetable sector in 2014 of the 15th century. October 2014 (BAnz. AT 17.10.2014 V1), as defined by Article 1 of the Regulation of 11 February 2015 (BAnz. 2015 AT 12.02.2015 V1) has been amended "

This V is in accordance with. § 13 sentence 2 idF d. Art. 1 No. 3 V v. 11.2.2015 BAnz AT 12.02.2015 V1 with expiry of 31.12.2015 repeal of force
Status: Amended by Art. 1 V v. 11.2.2015 BAnz AT 12.02.2015 V1

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 18.10.2014 + + +) 
(+ + + For application cf. § 13 (F 2015 -02-11) + + +)
(+ + + Official note from the norm-provider on EC law:
Implementation of the
TEU 1031/2014 (CELEX Nr: 32014R1031) cf. § 1 of the V + + +)

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Input formula

Pursuant to section 6 (1) (1) (g), (s) and (t) in conjunction with the first sentence of paragraph 4, § 8 (1), § § 15 and 16 and § 31 (2) sentences 1, 3 and 4, respectively in conjunction with Section 6 (4) sentence 2 of the Law on the Market Organisation in the Version of 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) sentence 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). I p. 3165) and the Organizational 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, is responsible for: Unofficial table of contents

§ 1 Scope, Responsibility, Headquarters

(1) The provisions of this Regulation shall apply to the implementation of the Commission Delegated Regulation (EU) No 1031/2014 of 29 September 2014 with further temporary special support measures for producers of certain fruits and vegetables (OJ L 327, 30.12.2014, p. 22). (2) The Federal Agency for Agriculture and Food (Bundesanstalt) is responsible for the implementation of the act referred to in paragraph 1 and this Regulation, insofar as:
1.
which have been referred to in the act referred to in paragraph 1 and which are subject to the notification requirements of the Federal Republic of Germany to the institutions of the European Union; and
2.
to monitor compliance with the quantities fixed in Article 2 (1) of the Delegated Regulation (EU) No 1031/2014.
In addition, for the purposes of implementing the act referred to in paragraph 1 and this Regulation, the authorities responsible under national law (Landesstellen) shall be responsible. (3) For applicants who are not members of a member of the Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on a 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 1. 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 under the fruit and vegetable producer organisation implementing regulation of 25 September 2014 (BGBl. 1561). (4) The registered office of the competent 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. Unofficial table of contents

§ 2 End of destination for products withdrawn from the market

The intended purpose of products withdrawn from the market shall be the free distribution within the meaning of Article 34 (4) of Regulation (EU) No 1308/2013. Unofficial table of contents

§ 3 Non-profit institutions and charitable foundations;

(1) Non-profit institutions or charitable foundations within the meaning of Article 34 (4) (a) of Regulation (EU) No 1308/2013 shall be bodies which:
1.
for charitable or charitable purposes within the meaning of the tax code;
2.
in the case of public service providers, carry out tasks of education, training, training, youth welfare, care for the elderly, health care or welfare, or for the benefit of the persons referred to in Article 53 of the levy system, or
3.
as entities within the meaning of Section 4 (16), 18 or 23 of the VAT Act are exempt from VAT.
The bodies referred to in paragraph 1 shall, where they receive products within the framework of the Regulation referred to in Article 1 free of charge, have a producer organisation or producer in the case referred to in paragraph 1 (1) and (3). Certificate of 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 purposes of the persecution (3) The provisions of Article 34 (4) of the Regulation are exempt from corporation tax, or a valid certificate issued by the Financial Office on the tax deductibility of donations-to the institution. (EU) No 1308/2013
1.
the producer organisation or the producer shall have a written declaration containing the provisions of Article 83 (1) of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Regulation (EC) No 1234/2007 Council for the fruit and vegetables and processed fruit and vegetables sectors (OJ C 327, 30.4.2004, p. No. 1) to be submitted to the national authority for submission, and
2.
shall be exempt from the obligation referred to in Article 83 (1) (b) of Regulation (EU) No 543/2011.
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Section 4 Distribution of quantities

(1) The additional quantity referred to in the second subparagraph of Article 2 (1) of the Delegated Regulation (EU) No 1031/2014 shall be equal to 2 000 tonnes for the purposes of the provisions of Article 1 (2) (i) and (j) of the delegated Regulation (EU) No 1031/2014 Apples and pears and 1 000 tonnes for the cabbage referred to in Article 1 (2) (c) of Regulation (EU) No 1031/2014. (2) According to Article 2 (2) of the Delegated Regulation (EU) No 1031/2014, the quantity shall be: Market withdrawals for free distribution to 16 100 tonnes (maximum quantity). Unofficial table of contents

Section 5 Marking withdrawals from producers

Producers shall be notified of withdrawals pursuant to Article 5 (5) of the Delegated Regulation (EU) No 1031/2014 of the competent national authority. Unofficial table of contents

Section 6 Pre-notifications of producer organisations and producers

Producers ' organisations and producers shall be subject to the following conditions: October 2014, at least five working days (without a Saturday) in advance by telex or electronic means of any action of the competent national authority. In the advance notice, the weight in kilograms, without packaging and other ingredients, of the product concerned shall be indicated at which place the products concerned are at the time of notification, at which point in time the products concerned are The aim of this measure is to provide the products to which the products are to be delivered. The competent authority shall forthwith inform the producer organisations and producers if the entity referred to in the preliminary communication does not qualify as the recipient of the products under this measure. In such cases, the producer organisation and the producer of the competent authority shall appoint a different body. The products intended for withdrawal shall remain in the place referred to in the communication referred to in the second sentence of paragraph 1, until the control and release for the distribution by the national authority has been carried out or the country office has indicated that it does not carry out any checks. Unofficial table of contents

Section 7 Communications on completed measures

(1) Producer organisations and producers shall immediately notify the Landesstelle to the conclusion of the measures communicated in accordance with section 6. 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 referred to in Annex XIII of the implementing Regulation between the place of the to indicate the withdrawal of the market and the place of delivery. Quantities for which additional costs for refrigerated transport are incurred shall be shown separately. (2) The implementation of the measure shall be completed if the quantity has been delivered to the consignee in full. (3) The quantities notified in accordance with § 6 shall be completed. in part deliveries to the consignee, in addition to the notification referred to in paragraph 1, the quantities actually delivered to the consignee in the course of those partial deliveries shall be communicated to the consignee in the course of the previous week in addition to the notification referred to in paragraph 1. Unofficial table of contents

§ 8 Monitoring of compliance with the maximum quantity

The Länder notify the Federal Institute of the notifications they have received pursuant to Section 7 above
1.
each Thursday to 12.00 p.m., the communications received from Monday to Wednesday of the same week; and
2.
Every Monday to 12 noon, the communications received on Thursday and Friday of the previous week.
The notifications shall contain the quantity of products covered by the withdrawal of the market and the date of completion of the measures. For the purpose of the day of the day of the exceeding of the maximum quantities, the maximum quantities shall be those of the quantitative limits. the quantities covered shall be depreciated in accordance with the chronological order of completion of the measure up to the time when the maximum quantities are reached. The Federal Institute shall immediately inform the Länder of the date of reaching the maximum quantities and shall make this known in the Federal Gazette. From this day on, no notifications will be made pursuant to paragraph 1. Unofficial table of contents

Section 9 Granting of assistance

(1) Countries shall share the sum of the quantities which have been the subject of measures up to the date referred to in Article 8 (2) sentence 1 and for which a request for assistance under Article 9 of the Delegated Regulation (EU) No 1031/2014 shall be submitted to: Federal Institute until 18 February 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, until 20 February 2015. If the sum of the quantities for which assistance is requested in the second sentence exceeds the respective quantitative limits, the quantities applied for shall be reduced in proportion. (2) The Bundesanstalt shall make the sum referred to in the second sentence of paragraph 1 in the Federal Gazette. Unofficial table of contents

§ 10 Sample forms, forms, forms

The Landesstellen may provide samples for prior notifications, applications and declarations, or form forms or forms, including in electronic form. As far as the competent bodies announce patterns or forms or forms shall be used, these shall be used. Unofficial table of contents

§ 11 obligation to participate

The Länder shall notify the Federal Agency of all information necessary for the fulfilment of the obligations of notification of the Federal Republic of Germany to the institutions of the European Union in accordance with the act referred to in Article 1 of this Act, in sufficient time for the may be properly complied with above. Unofficial table of contents

§ 12 obligations of retention, duress and coerce

(1) The applicant shall keep the application and authorization documents remaining with him 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 surveillance
1.
producer organisations and producers who have submitted an application pursuant to Article 9 of the Delegated Regulation (EU) No 1031/2014,
2.
members of a producer organisation which has submitted an application pursuant to Article 9 of the Delegated Regulation (EU) No 1031/2014 and whose products are the subject of that request, and
3.
Recipients of free-of-charge products
to allow the staff of the national authorities, within the limits of their powers under this Regulation, to enter the premises of business, operation and storage, as well as 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 draw up the necessary printouts at their costs, provided that the national authorities demand it. Unofficial table of contents

Section 13 Entry into force, external force

This Regulation shall enter into force on the day following the date of delivery. It shall expire at the end of 31 December 2015. It shall continue to apply to situations which have occurred before that date.