National legal basis

From a competence law perspective, the subject area of agricultural law is a so-called cross-sectional matter. This means that competence in this area is split between the federal government and the federal states. By constitutional provision, the implementation of the EU market organisation is assigned to the federal government.

In addition, funding measures may be implemented by the federal government within the framework of private-sector administration (Article 17 B-VG).

For the area of the common market organisation, the following federal laws and regulations are particularly significant:

Market Organisation Act 2021 – MOG 2021

The MOG 2021 contains the more detailed provisions for the implementation and administration of the common market organisation, including direct payments in Austria, and regulates the principles for the CAP Strategic Plan. The Agrarmarkt Austria (AMA) is designated as the market organisation, intervention, and paying agency; the handling of export refunds - where such are stipulated by EU law - is carried out by the Federal Ministry of Finance.

With the MOG 2021, the legal framework for the implementation of the CAP Strategic Plan is established. Insofar as EU law provides for leeway or options for the Member States, the procedure envisaged in Austria is likewise laid down in the MOG 2021. The technical implementation of EU law in conjunction with the MOG 2021 is carried out through regulations issued by the Ministry of Agriculture.

AMA Act 1992

With the AMA Act 1992, a legal entity under public law was established under the name “Agrarmarkt Austria” (AMA).

By constitutional provision, it was stipulated that tasks assigned to AMA by federal law or regulation may be executed directly by AMA as a federal authority.

The tasks of AMA include in particular:

• the administration of funding in the area of the Common Agricultural Policy (paying agency) and of support measures in the field of agriculture and forestry
• the implementation of agricultural marketing
• central market and price reporting

The AMA Act contains provisions on the bodies, regulations on the raising and use of contributions for the promotion of agricultural marketing, as well as the procedural rules to be applied.

You will also find here the legal basis for the performance of agricultural marketing tasks by AMA-Marketing GmbH.

Food Supply Management Act 1997 – LMBG

The Food Supply Management Act provides for control measures in the event of an imminent disruption of supply or an already occurred disruption in the supply of food, drinking water, market regulation goods, animal feed, fertilizers and plant protection products, as well as seeds and planting material.

Control measures may relate to obligations, prohibitions, or authorization requirements concerning the production, transport, storage, distribution, procurement, import and export, and use of goods, and may also be imposed only regionally.

Such measures are enacted by regulation of the Ministry of Agriculture after consultation with the Federal Steering Committee and with the approval of the Main Committee of the National Council.

Marketing Standards Act – VNG

The Marketing Standards Act constitutes a uniform and comprehensive legal basis for the implementation and enforcement of Union law quality standards and marketing classes, sales or marketing standards, as well as labeling requirements for agricultural products (excluding wine), which were adopted under Regulation (EC) No. 1308/2013 and Regulation (EU) No. 1379/2013 on the common market organisation for fishery and aquaculture products, as well as the implementing provisions issued thereunder.

Where there are no directly applicable EU provisions, standardisations of agricultural products may also be carried out at the national level on the basis of the VNG.

The objectives of the Act are to achieve improved market overview and market transparency within the framework of fair competition, as well as to promote the production and improvement of quality products.

Agricultural Intervention Regulation 2010 – AIV 2010

This regulation contains additional provisions regarding public and private storage.

Market Organisation Securities and Licenses Regulation

This regulation establishes the detailed rules for required securities, the issuance of import and export licenses, and other certificates.

Producer Framework Conditions Regulation

This regulation clarifies the recognition of producer organisations and includes rules for industry associations, including rules for contractual relationships in the milk sector (including evaluation criteria).

School Program for Agricultural Products Regulation

This regulation specifies the distribution of eligible products (fruit and vegetables as well as milk and dairy products) to children in childcare facilities and schools.

Agricultural Market Transparency Regulation

This regulation ensures reporting to the Commission.

Cattle Identification Regulation 2021

This regulation provides detailed provisions for the identification (ear tags) and registration of cattle, including the reporting to the cattle database.

Wine Act 2009

The Wine Act 2009 contains all provisions through which the relevant EU regulations are implemented in Austria: oenological procedures, labeling requirements - particularly protected designations of origin, geographical indications, and traditional terms - and the presentation of wine products. It also includes regulations on planting permits and the extensive area of controls (Federal Cellar Inspection).

Please note that the current version of the legal provisions is available via RIS, the Federal Legal Information System.