Milk Sector Associations Regulation - Mvd

Original Language Title: Milchsektor-Zusammenschlüsse-Verordnung – MZV

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343. Regulation of the Federal Minister for agriculture and forestry, environment and water management on mergers in the dairy sector (dairy sector associations regulation - MVD)

On the basis of § 7 para 1 and 2 of the market organisation Act 2007 (MOG 2007), Federal Law Gazette I no. 55/2007, last amended by Federal Law Gazette I no. 21/2012, is prescribed:

General regulations

§ 1. This regulation serves the implementation 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 No. L 299 of 16.11.2007, S 1 as regards producers ' organisations, their associations and organisations in the dairy sector, and 2 of the Regulation (EU) No. 511/2012 about releases in relation to producer organisations and interbranch organisations as well as contract negotiations and relationships in accordance with Regulation (EC) No 1234/2007 of the Council in the sector milk and milk products, OJ No. L 156 of the 16.6.2012, S 39.

Jurisdiction

2. (1) for the enforcement of this regulation and of the legal acts referred to in paragraph 1 is, unless other responsibilities are laid down in paragraph 2, the "Agrarmarkt Austria" (AMA) responsible.

(2) the Federal Minister for agriculture and forestry, environment and water management the recognition of producer organisations and their associations in the dairy sector in accordance with article 126a of Regulation (EC) is responsible for 1 No. 1234/2007, 2. the determination of the minimum number of members and minimum volume of marketable production of producer organisations and their associations in the dairy sector, 3. the recognition of interbranch organisations in the dairy sector in accordance with article 126 b of Regulation (EC) No 1234/2007 , 4. setting of the minimum scope of economic activities of industry associations in the dairy sector, 5. the withdrawal of recognition according to Z 1 and 3, 6 binding stipulations for control of supply for cheese with protected designation of origin or protected geographical indication in accordance with article 126e of Regulation (EC) No 1234/2007 as well as 7 the perception of all reporting and disclosure requirements to the European Commission relating to producer organisations , whose associations and industry organisations in the dairy sector.

Recognition of producer organisations in the dairy sector

3. (1) the recognition as a producer organisation pursuant to article 126a of Regulation (EC) No. 1234/2007 is only available upon request. Such a request are 1 the statutes of the organisation, 2. all the Foundation and the activities of the producer organisation contracts, partnership agreements and contracts with producers and marketers, 3. the regulations of the producer organisations as regards production and marketing, 4. a list of members of the producer organisation, where appropriate, separated by Member State, specifying the name and seat of the members and the date of commencement of membership , as well as 5. detailed documentation regarding the turnover and the total amount of marketable production of the producer organisation, where appropriate broken down by Member States, to join.

(2) an is producer organisation decision to recognise, if 1's at the producer organization to a) a legal entity, b) a spatially or objective clearly defined part of a legal person (E.g. an own company site or their own production Branch) or c) is an Association of persons with legal personality, which performs an economic, profit-oriented activity, 2. the prerequisites are met, which are provided for in the legal instruments mentioned in article 1 , 3. the producer organisation a) consists of at least 20 producers or b) per calendar year, raw milk supply or raw milk equivalent marketed at least 3 000 tonnes, and 4. the producer organisation proves that she has the personnel and the infrastructure is required to perform their essential duties, in particular: a) the knowledge of the production of their members, b) the commercial and technical management as well as c) central accounting, and accounting.

(3) If a producer organisation entirely or partly consists of producers, which are themselves legal entities or clearly certain parts of a legal entity consisting of producers, so the minimum number in the sense of para 2 is lit Z 3. calculates a on the basis of the number of producers associated with each of the legal entities or clearly defined parts of legal person.

(4) the Federal Minister for agriculture and forestry, environment and water management can also recognize a producer organisation in exceptional cases - taking into account the given regional production and market conditions - if you 3 stated requirements Z in paragraph 2 are not met.

(5) paragraphs 1 to 4 are also apply to transnational producer organisations based in Austria.

Recognition of associations of producer organisations in the dairy sector

4. (1) the recognition as an Association of recognised producer organisations in accordance with article 126a of Regulation (EC) No. 1234/2007 is only available upon request. Such a request are 1 the statutes of the Association, 2. all the Foundation and the activities of the Association contracts, partnership agreements, 3. the rules of association as regards production and marketing, 4. a list of members of the Association, if necessary, separated by Member State, specifying the name and seat of the members and the date of commencement of membership, as well as 5. detailed documentation regarding the turnover and the total amount of marketable production of the Association , if necessary, broken down by Member States, to join.

(2) an is association with decision to recognise, if 1 it is the Association to a) a legal entity, b) a spatial or factual clearly defined part of a legal person (E.g. an own company site or their own production Branch) or c) is an association with legal personality, which performs an economic, profit-oriented activity, 2. the prerequisites are met, which are provided for in the legal instruments mentioned in article 1 , and 3. the Association consists of at least three recognised producer organisations.

(3) paragraphs 1 and 2 are also apply to cross-border associations headquartered in Austria.

Recognition of interbranch organisations in the dairy sector

5. (1) the recognition as an industry association in accordance with article 126 b of Regulation (EC) No. 1234/2007 is only available upon request. 1. such a request are the statutes of the industry association to join 2. contracts relating to all of the Foundation and the activities of the Association, such as social contracts, 3. a list of members of the industry association, specifying the name and seat of the members and the date of commencement of membership 4. detailed documentation regarding the turnover and the total amount of marketable production of the members of the industry association.

(2) an industry association is with decision to recognise if 1 the requirements are met, which are provided for in the legal instruments mentioned in article 1, and 2. milk and milk products expressed in euros, exceeding half of the annual sales of Austrian production, the Austrian processing or marketing, the economic activity of the members of the Association in the sector.

(3) before the recognition opportunity to comment the Federal competition authority can be given within a reasonable time. The decision on the application for recognition must be in any case informed the Federal competition authority.

(4) in order to carry out one or more activities regional or product-specific associations of part of can be established within one pursuant to par. 2 of the recognised industry association on its proposal. This associations of part of are with decision to recognise if the requirements referred to in paragraph 2 for the corresponding part of association with regard to the regional or product-specific component.

Control of supply in certain cheeses

§ 6 recognised producer organisations, interbranch organisations, or groups of producers and processors, in accordance with article 5 paragraph 1 of Regulation (EC) No. 510/2006, OJ No. L 93 of 31.03.2006, S 12, can bring a request pursuant to article 126e of Regulation (EC) No. of 1234/2007 on laying down binding provisions for the control of supply for cheese with protected designation of origin or protected geographical indication at the Federal Ministry of agriculture and forestry, environment and water management. The documentation to demonstrate of compliance with the conditions to put forward are at the same time.

Cooperation obligations, reporting requirements, reporting obligations, tolerance requirements

7. (1) cooperate, reporting, reporting, and toleration obligations apply to recognised producer organisations, associations of producer organisations and interbranch organisations and their members or producers (hereinafter: mergers).


(2) associations referred to in paragraph 1 have the institutions and representatives of the Federal Ministry of agriculture and forestry, environment and water management, the AMA, the Court of Auditors, the European Union and of the European Court of Auditors (in the following: inspection bodies) to allow entering the business, operating and storage areas during business or operating times without prior notice. Associations have access to grant in addition to accounting. In the case of automation-supported they have accounting lists with the information required to print on their costs and, as far as it is possible to grant the eligible books, special records, to submit documents and other documents for inspection, to give evidence and the necessary support.

(3) associations referred to in paragraph 1 have the Federal Ministry of agriculture and forestry to report changes of facts, which have led to the recognition as recognition requirements, environment and water management in writing without delay.

(4) approved producer organisations have the Federal Ministry of agriculture and forestry each year to submit a report environmental and water management, which illustrates its operation. This annual report is to provide no later than February 28. He has in particular to contain 1 broken down according to the products and in the case of transnational producer organisations production statistics, of the total quantity produced in the preceding calendar year from the producers that are members of the producer organisation and marketable quantity of raw milk and products for which the producer organisation is recognised, broken down by Member States, is seen, 2. a price statistics, which in the previous calendar year for each of the products obtained average gross sales revenue and the producers paid average rates shown are , 3. in the case of changes compared to the previous year a current Member Directory, and 4. the representation of any changes concerning the requirements referred to in § 3.

(5) recognised associations of producer organisations have the Federal Ministry of agriculture and forestry each year to submit a report environmental and water management, which illustrates its operation. This annual report is to provide no later than February 28. He in particular has to contain 1 statistics of production, out of the total amount produced and marketable quantity of raw milk and products for which the Association is in the previous calendar year by the producers members of the Association of, broken down according to the individual products, and in the case of transnational associations of producer organisations broken down by Member States, can be seen, 2. a price statistics, which in the previous calendar year for each of the products obtained average gross sales revenue and the producers paid average rates shown are , 3. in the case of changes compared to the previous year a current Member Directory, and 4. the representation of any changes concerning the requirements referred to in section 4.

(6) recognised interbranch organisations have the Federal Ministry of agriculture and forestry each year to submit a report environmental and water management, which illustrates its operation. This annual report is to provide no later than February 28. He in particular has to contain 1 a representation of measures that broken down were carried out with regard to the products, for which the industry association is recognized, for the individual products, 2. in the case of changes compared to the previous year a current Member Directory, 3. the representation of any changes relating to the conditions referred to in article 5 and 4 sales each separated for all membership levels of the milk chain for each affected milk and the affected milk.

Withdrawal and suspension of the recognition

§ 8. The recognition to withdraw if the recognition conditions are no longer met or identified serious violations of structural principles of the legal order is a recognised producer organisation, an Association of producer organisations and an industry group. Instead of withdrawing the recognition this can expose for a certain period of time, to allow the Organization the recognition conditions again.

Final provision

§ 9. This Regulation shall enter into force the day following their publication in the Gazette. By way of derogation from article 6 with 3 October 2012 comes into force.

Berlakovich