Change Of The Milk Sector Mergers Regulation (Mzv)

Original Language Title: Änderung der Milchsektor-Zusammenschlüsse-Verordnung (MZV)

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Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, which amends the Milk Sector Merger Regulation (MZV)

On the basis of Section 7 (1) and (2) of the Law on the Market Order 2007 (MOG 2007), BGBl. I n ° 55/2007, as last amended by the Federal Law BGBl. I No 21/2012, shall be arranged:

The Milk Sector-Mergers-Regulation (MZV), BGBl. II No 343/2012, shall be amended as follows:

1. § 1 together with the title is:

" General provisions

§ 1. This Regulation shall be used for

1.

of Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), OJ L 327, 31.12.2007, p. No. OJ L 299, 16.11.2007, p. 1 as regards producer organisations, their associations and interbranch organisations in the dairy sector,

2.

Regulation (EU) No 511/2012 on notifications relating to producer organisations and inter-branch organisations, as well as to contractual negotiations and relations in accordance with Council Regulation (EC) No 1234/2007 in the milk and milk products sector, OJ L 299, 16.11.2007, p. No. OJ L 156, 16.6.2012, S 39,

3.

Regulation (EU) No 880/2012 supplementing Council Regulation (EC) No 1234/2007 as regards transnational cooperation and contract negotiations of producer organisations in the milk and milk products sector, OJ L 327, 30.11.2012, p. No. OJ L 263, 28.09.2012, p. 8.

2. In Article 2 (2), the following Z 5a is inserted after Z 5:

" 5a.

the receipt of notifications relating to contract negotiations pursuant to Article 126c of Regulation (EC) No 1234/2007, "

3. In Section 2 (2) (7), the following sentence shall be added:

"The obligation to provide information pursuant to Article 3 (2) of Regulation (EU) No 511/2012, which shall be exercised by the Federal Competition Authority, shall be excluded."

4. In accordance with § 5, the following § 5a together with the heading is inserted:

" Treaty Negotiations

§ 5a. (1) Recognizing producer organisations and recognised associations of producer organisations shall notify the Federal Minister for Agriculture, Forestry, the Environment and Water Management in advance in writing of the fact that they shall, on behalf of the to negotiate contractual negotiations within the meaning of Art. 126c of Regulation (EC) No 1234/2007. In this communication, they shall submit the evidence of compliance with the conditions laid down in that provision. The documents will be forwarded by the Federal Ministry for Agriculture, Forestry, Environment and Water Management to the Federal Competition Authority.

(2) According To Art. 126c (2) lit. (d) Regulation (EC) No 1234/2007 may be negotiated for a farmer who is a member of two producer organisations, provided that this farmer has two separate production units in different geographical areas. The existence of such a condition shall be substantiated by appropriate documentation to be connected to the notification referred to in paragraph 1.

(3) The information referred to in Article 3 (1) (lit). (b) Regulation (EU) No 511/2012 shall be forwarded by the Federal Competition Authority to the Federal Minister for Agriculture, Forestry, the Environment and Water Management. "

5. In accordance with Article 7 (6), the following paragraph 7 is added:

" (7) Recognizing producer organisations and recognised associations of producer organisations which are negotiating contract negotiations within the meaning of Article 126c of Regulation (EC) No 1234/2007, have the Federal Minister for Agriculture and Forestry, Environment and water management

1.

before the commencement of the contract negotiations, the estimated production quantities to be covered by the contract negotiations and the expected period of raw milk delivery; and

2.

annually by 31. -the quantity of raw milk, broken down by producer Member State, which has been delivered under the contracts negotiated during the previous calendar year,

to report. The documents will be forwarded to the Federal Competition Authority. "

Berlakovich