326. Regulation of the Federal Minister for agriculture and forestry, environment and water management with framework conditions for producers to improve the production and marketing and to strengthen their market position (producer conditions Regulation)
On reason of § 7 para 1 and 2, § 11a, § 22, § 23 and § 28 of the market organisation Act 2007 (MOG 2007), Federal Law Gazette I no. 55/2007, amended by the Federal Act Federal Law Gazette I no. 89/2015, is prescribed:
General terms and conditions
Scope of application
1. (1) this regulation serves the implementation
1. the Regulation (EU) No. 1308/2013 establishing a common market organisation for agricultural products, and repealing Regulations (EEC) no 922/72, (EEC) No 234/79, (EC) no 1037/2001 and (EC) No 1234/2007, OJ No. L 347 of the 20.12.2013 S. 671 in the area of producer organisations, associations of producer organisations and interbranch organisations and these organisations granted a possibilities and tasks, 2. Regulation (EC) 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 in the sector milk and milk products, OJ No. L 156 of Mariehamn S. 39, 3. the delegated Regulation (EU) No. 880/2012 to supplement Regulation (EC) No 1234/2007 with regard to transnational cooperation and negotiation of producer organisations in the sector milk and milk products, OJ No. L 263 of the 28.09.2012 p. 8, as well as 4 the delegated acts and implementing acts on the Regulation (EU) No. 1308/2013 as regards producer organisations, associations of producer organisations and interbranch organisations, operational funds and operational programmes, as well as contract negotiations and relationships.
(2) this regulation lays down
1. the recognition of producer organisations, associations of producer organisations and interbranch organisations with the exception of the recognition of interbranch organisations in the sector wine, 2 by the tasks to be true in Z 1 these organizations 3 the contents of contracts in the sector milk.
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 3, the "Agrarmarkt Austria" (AMA) responsible.
(2) the AMA is also responsible
1. as the certification authority for hops pursuant to article 77 of Regulation (EU) No. 1308/2013 and 2 for the control of hops imported from third countries in accordance with article 190 of Regulation (EU) No. 1308/2013.
(3) the Federal Minister for agriculture and forestry, environment and water management is responsible for establishing
1. the national strategy and the national framework referred to in article 36 of Regulation (EU) No. 1308/2013 and 2 mandatory provisions for the control of supply for cheese with protected designation of origin or protected geographical indication in accordance with article 150 of the Regulation (EU) No. 1308/2013.
Form templates and submission guidelines
As far as the AMA for messages, reports, applications, and display forms be made available, these are 3 (1) to use.
(2) who can delivery of messages, reports, proposals, and ads, provided that no special requirements for delivery are set in the following provisions, be made in writing, electronically by email, using the exposed forms upload of the completed form or computer-assisted and structured data transfer using the provided online forms.
Reporting and disclosure requirements
Producer organisations or associations of producer organisations have § 4 (1) annually until 28 February of the following year of the AMA to submit an annual report, to include:
1. number of members, broken down after producers and non producers, 2. scope and value produced family producers from the Organization and from the Organization products and 3rd marketed the representation of any changes concerning the recognition requirements pursuant to § 7.
(2) by way of derogation from paragraph 1, producer organisations or associations of producer organisations in the sector of fruits and vegetables of the AMA have annually to report:
1 to 15 February of the following year in addition to the aid request an annual report on the implementation of operational programmes, which has to contain in particular: a) number of members, broken down by producer and not producers, b and has a current Member Directory, the name, number and type and quantity of the products delivered in the previous year and the changes compared to the previous year emerge from the) a marketing statistic , from which the total quantity of products marketed by the producer organisation in the previous calendar year for which the producer organisation is recognised, must be broken down according to the individual fruits and vegetables seen, c) production statistics, of the total quantity of products produced by the producers that are members of the producer organisation in the previous calendar year for which the producer organisation is recognised, must be broken down to the individual fruit or vegetables as well as shown by Member State of the European Union , d) price statistics of the average gross sales revenue achieved in the preceding calendar year for the individual fruit or vegetables and average prices paid to producers must be seen, e) the particulars of the quantities of each fruit or vegetable species that were used by the growers with authorising of the producer organisation, not through the producer organisation, and f) the representation of any changes concerning the recognition requirements pursuant to § 7 , and 2 to 15 October of the following year the information necessary for the preparation of the annual report to be reimbursed to the European Commission by Austria on.
(3) the annual report to be submitted by producer organisations and associations of producer organisations in the dairy sector in accordance with paragraph 1 of the AMA has to include also:
1. a statistics of production, out of the total amount of marketable raw amount of milk produced in the preceding calendar year from the producers that are members of the producer organisation and products for which the producer organisation is recognised, broken down according to the products and in the case of transnational producer organisations broken down by Member State, can be seen, a 2. 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 , and 3. a current Member Directory, the changes compared to the previous year emerge from the.
(4) producer organisations and associations of producer organisations, which perform 1308/2013 contract negotiations within the meaning of article 149, article 170 article 171 of Regulation (EU) have in addition to the AMA report:
1. before the start of contract negotiations estimated production volumes, which are covered by the contract negotiations to, as well as the expected period 31 January the quantity of product that is disaggregated producer Member States according to, within the framework of the treaties negotiated in the preceding calendar year supplied the product delivery, and 2nd year and no later than was.
(5) industry associations have annually by no later than 28 February of the following year of the AMA to submit a report, which illustrates its functioning and has to contain in particular:
1. a presentation of the measures, broken down conducted with regard to the products, for which the industry association is recognized, for the individual products, 2. a current Member Directory, from which emerge the changes compared to the previous year, 3. the representation of any changes concerning the recognition requirements pursuant to article 15 and 4 sales each separated for all levels of the supply chain for each affected product and the quantities of products concerned.
(6) recognised producer organisations or recognised associations of producer organisations have changes of facts, which have led to the recognition as preconditions for recognition, to report immediately in writing.
(7) the notification referred to in paragraphs 1 to 6, reporting and disclosure requirements apply to recognised producer organisations, associations of producer organisations and inter-branch organisations, their members or producers, as well as by analogy to those third parties and affiliates, which have taken over the outsourced activities pursuant to article 8.
Duldungs - and obligation to cooperate
§ 5 (1) producer organisations, associations of producer organisations and interbranch organisations have the institutions and representatives of the Federal Ministry of agriculture and forestry, environment and water management, the AMA, the Court of Auditors and the European Union (hereafter: monitoring bodies) to allow entering the business, operating and storage areas during business or operating times without prior notice.
(2) the monitoring bodies are empowered, in accounting and in all documents, which will consider the monitoring bodies for their exam necessary to inspect. The monitoring bodies have avoid the disruption of the business operation and each sensation.
(3) in the case of the examination, an appropriate and informed respondent has to be present, to provide information and to provide the necessary support.
(4) the monitoring bodies can require the temporary provision of records and documents and to confirm its delivery in this case.
(5) in the case of automation-supported accounting or management of other documentation are to create prints with the necessary information the inspection bodies on request at the expense of the owner of the business or to provide an electronic document.
(6) a producer organisation, an Association of producer organisations, or an industry association on third parties or 1308/2013 outsourced activities referred to in article 155 of Regulation (EU) No., para 1 to 5 to this apply.
(7) in para 1 to 6 of mentioned Duldungs and duty to cooperate in the case of full or partial transfer of the producer organisation, the Association of producer organisations or the industry association also apply to the legal successor.
6. (1) producer organisations, associations of producer organisations and interbranch organisations the application remaining with them and approval documents, and other recognition have relevant documents seven years from the end of the calendar year, to which they relate to be kept with the care of an ordinary entrepreneur.
(2) paragraph 1 also applies to documents and documents from third parties through article 155 of Regulation (EU) No. 1308/2013 outsourced activities.
Producer organisations and their associations industry associations
General conditions of recognition of producer organisations
7. (1) producer organisations have to submit an application for recognition under article 154, or pursuant to article 161 of Regulation (EU) No. 1308/2013 at the AMA. You are the application for the assessment of the recognition requirements to connect the necessary documents, in particular:
1. the Statute 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 rules of the organisation with respect to production reporting, production and marketing and, where appropriate, also with regard to environmental protection, 4. a list of members of the producer organisation, where appropriate, separated by Member State, specifying the name and seat of the members, as well as the date of commencement of membership , 5. detailed documentation regarding the turnover or the total amount of marketable production of the producer organisation, broken down, where appropriate, to Member data, as well as 6 for producer organisations in the fruit and vegetables sector also a directory of technical equipment for storage, preparation and processing of products and the use of environmentally-friendly cultivation practices provided by the Organisation for its members.
(2) an is producer organisation to recognise, if
1. it is a legal person in the organisation, at least 20 producers who produce annually at least 500 kg for the purpose of marketing in the sector concerned, 2. the producer organisation belong to, 3. an annual minimum volume of marketed production, expressed by the value of the marketed production, has the producer organisation of 3.5 million euro; in the sector, milk is an annual minimum amount of delivered raw milk or raw milk equivalent of 3 tonnes of 000, 4. which requirements are designated 1-led acts in the section, are met as well as 5 additional sector specific recognition conditions are respected.
(3) If an organization that submits an application for recognition as a producer organisation, completely or partly consists of members, who are themselves legal entities, so the minimum number of producers on the basis of the number of producers is calculated, that are associated with each of the legal entities.
(4) producer organisations have to prove that they have the personnel, infrastructure and equipment are required to comply with the requirements and to perform their essential duties within the framework of the procedure for the recognition.
(5) paragraphs 1 to 4 shall apply also on producer organisations, which include members from other Member States, provided that the producer organisation has its headquarters, as well as the financial accounting in Austria.
(6) in exceptional cases a producer organisation may be recognised also if this product is the only producer organisation within a radius of 250 km with at least half of the producers.
Outsourcing of tasks
§ 8. The outsourcing of businesses is to examine in the context of the recognition procedure or the procedure for amending the recognition and to decide. Temporary relocation in the fruit and vegetable sector are to apply in the context of the operational programmes.
Membership not producers
Producer organisations can record 9 (1) not producers as members, if the conditions in accordance with paragraph 2 and 3 are fulfilled.
(2) if not producers, it may be only to natural persons, their membership of the organisation to better carry out their tasks is useful. These requirements not producers, who have special knowledge of the economic or technical tasks of a producer organisation and have a corresponding role within the organisation, and in particular the following activities:
1-managing partner of the producer organisation in those cases, membership of the organisation is required for this function and the managing partner on the instructions of the Board consisting of a majority of producers or supervisory board is bound, 2. Member of the Board of directors or Supervisory Board of a producers ' organisation, if by the statutes is that no decision making within the organisation without a majority vote of the producers can be made.
(3) If a non-producer is a member of a producer organisation, this member outside of the producer organisation may pursue any activity that is contrary to the statutory duties to be fulfilled by the producer organisation or that may be suitable to affect producers in the voting patterns. As well the Member may not at the same time significantly be involved in the decision-making process of a trade company which has the trade in the sector-specific products of the producer organisation to be the subject.
Proportion of voting rights of the members
§ 10 (1) of the producer organisation is to deny the recognition, when individual members of a such big can exert influence on the producer organisation, that a democratic decision-making process in the organisation is not guaranteed.
(2) a member of the organisation possesses more than 20% of the voting rights, the recognition in any case is to fail.
Direct marketing of the producers
§ 11. The share of products, a producer with the consent of the producer organization to market directly, is determined with 25% of its annual production volume.
Withdrawal of a Member
Section 12 (1) is the deadline for the termination of the membership to split with the organisation in writing six months before the end of the marketing year. The denunciation shall take effect at the end of the business year.
(2) a producer leaves a producer organisation and one joins others, whose production from the date of lapse can be taken into account at the earliest but the previous membership, starting from the beginning of the next following fiscal year of the host organisation in the calculation of the value of marketed production. The termination of the prior membership is by suitable evidence. A transfer of revenues from past reference periods is permitted only upon presentation of appropriate agreements between the participating producer organizations. This is to ensure that the production is considered in the calculation of the value of marketed production in the reference period in question only by a producer organisation.
Transitional arrangements for existing producer organisations
Section 13 (1) producer organisations, in accordance with the Ordinance on producer organisations for fruit and vegetables, and associations of producer organisations for fruit and vegetables (fruit and vegetable EO-VO), Federal Law Gazette II No. 444/2008, or the milk merger regulation (MVD), Federal Law Gazette II No. 343/2012 amended regulation, Federal Law Gazette II No. 52/2013, the Federal Minister for agriculture and forestry, environment and water management have been recognized , are amended to check whether the recognition requirements still exist two years after entry into force of this regulation by the AMA.
(2) producer organisations, which are 726/1995 in the amended Federal Law Gazette II No. 351/1999 have been approved, in accordance with the regulation on the recognition of producer organisations and their associations, Federal Law Gazette No. to check whether the recognition requirements pursuant to § 7 two years after entry into force of this regulation by the AMA. The AMA has in terms of decision to deny.
Recognition of associations of producer organisations
Section 14 (1) associations of recognised producer organisations have to request no. 1308/2013 recognition pursuant to article 156 of the Regulation (EU). Such a request are
1. the statutes of the Association, 2. all the Foundation and the activities of the Association contracts such as company contracts, 3. the regulations of the association with regard to production, marketing and, where appropriate, environmental protection, 4. a directory of the members of the Association, separately, where appropriate, 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 to recognize when
1. it is a legal entity of the Association, 2. the prerequisites are met, which are provided for in the legal instruments mentioned in article 1 and 3 for the decision making of the Association, as the decision relates to operational programmes, unanimity is intended.
(3) section 9 is similar to members of the Association, who are no producer organization to apply.
(4) paragraphs 1 to 3 are to apply also to producer organisations, which include members from other Member States, provided that the producer organisation has its headquarters, as well as the financial accounting in Austria.
Recognition of interbranch organisations
A trade association has 15 (1) to apply for no. 1308/2013 at the AMA recognition pursuant to article 157 or article 163 of Regulation (EU). Such a request are
1. 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 to recognize when the conditions laid down in the legal instruments mentioned in article 1, are fulfilled. The economic activity of the members of the Association must include - sector involved - more than half of the annual sales of Austrian production, expressed in euro, the Austrian processing or their marketing.
(3) before the recognition of Federal competition authority is the opportunity to comment within a reasonable period of time to give. 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 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.
Section 16 (1) recognised producer organisations and recognised associations of producer organisations have to notify that they intend to contract negotiations within the meaning of article 149, record No. 1308/2013 article 170 or article 171 of Regulation (EC) on behalf of the members belonging to her in advance about the AMA. With this release, they have the evidence to the fulfilment of the conditions of that provision to submit. The documents are forwarded under following an opinion of the AMA to the Federal competition authority.
(2) in accordance with article 149, paragraph 2 lit. of Regulation (EC) no 1308/2013 may for a milk producers, who belongs to two producer organisations, agreements are negotiated, unless this milk producers has two separate production units in different geographical areas. The existence of this condition is through appropriate documentation, which in paragraph 1 notification referred to to connect are to demonstrate.
(3) the information referred to in article 3 paragraph 1, lit. (b) of Regulation (EU) No. 511/2012 are redirected by the Federal competition authority of the AMA.
Measures in case of failure to comply with
Section 17 (1) a recognised producer organisation, an Association of producer organisations and an industry group is the recognition to remove if the recognition requirements are no longer met or brought about deliberately or through gross negligence and within the the AMA granted period no corrective measures were used.
(2) the infringement referred to in paragraph 1 is recoverable, this can expose instead of withdrawing recognition for a certain period of time, to allow the Organization the recognition conditions again.
Tasks in the fruit and vegetables sector
Records to do, allowing to reconstruct all expenditure and revenue and to assign a specific action are section 18 (1) in the framework of the operational fund referred to in article 32 of Regulation (EU) 1308/2013 for each action of the operational programme (including the financing of measures of crisis management and crisis prevention in accordance with § 22) within the financial accounting.
(2) the reference period for the calculation of the financial aid corresponding to the financial year of the producer organisation. The value of marketed production is determined on the basis of the reference period, which is two years before the year for which financial aid is requested, (n-2). Producer organisations, that use a reference period different from the provisions of the preceding sentences, have to adjust this reference period in the course of applying for its next operational programme (multiannual programme).
(3) the value of the by-products is taken into account in the value of marketed production.
(4) the value of marketed production can be calculated subject to the approval by the AMA on the stage "from the subsidiary".
(5) the producer organisation has to communicate the estimated amount of operational funds for the following year the AMA by September 15 of each year. In exceptional cases, the AMA may set a later date.
(6) the value calculated for the products at the various stages is reduced by internal transport costs, which are actually has been spent on the over 250 km beyond transport.
Section 19 (1) the producer organisation has the AMA annually until 15 September, for the year 2016 but until October 15, 2015, to inform the operational programme for the following year.
(2) the deadline for the submission
1. the requests for advance payments is 31 January, 30 April, 31 July and 31 October for the three-month period starting in the month of the template of the advance application, and 2. the requests for partial payment with April 30, July 31 and October 31 for the three-month period preceding the month of the template each set. Advance payments or partial payments, which amount to less than EUR 1 000, can not be requested. The amount of aid exceeds EUR 100 000, are part of payments in accordance with no. 2 anyway, to apply for.
(3) for eligible expenditure standard package can set in the framework of the operational programmes, provided that this is permitted according to the legal acts referred to in article 1.
A holding period of five years following payment of the last instalment of funding has been granted for this investment (4) apply for the completed investment projects. This means that within the period of five years made no significant changes to the investment or the ownership is not changed or the operations was not abandoned.
(5) measures, both in the course of the operational programmes and projects in the programme for the development of rural areas in accordance with the Regulation (EU) No. 1305/2013 on support for rural development by the European agricultural fund for rural development (EAFRD) and repealing Regulation (EC) No 1698/2005, OJ No. L 347 of the 20.12.2013 S. 487, are eligible, are generally in the context of the operational programmes to apply for.
Change of the operational programmes
Section 20 (1) changes to the operational programmes within the year of execution are subject to approval. Such a change is to apply for up to 30 Apri, or September 30. The change is only permitted when events occur, which could not be foreseen at the time of submission of the programme. The overall objectives of the operational programmes must be retained and must not exceed the amount of the operational fund.
(2) within the operational programme appropriations for a measure by up to 20% can be exceeded without the prior permission of the AMA provided that does not exceed the total amount that has been approved for the operational programme. Betriebsfondsmittel can be transferred without the permission of the AMA by a measure to another.
(3) within the year of execution, a partial implementation of the operational programme is permitted if the approved amount to no more than 30% is exceeded and the AMA without delay, at the latest however used until the next following April 30th or September 30th of the year, having regard to. The overall objectives of the operational programmes must be preserved.
Special provisions applicable to associations
Section 21 (1) associations of producer organisations have to ensure that the risk of double funding is excluded.
(2) the AMA may authorize associations of producer organisations on request to set its own operational programmes.
Crisis prevention and crisis management
Section 22 (1) the harvest before the strapping or the non-harvesting of fruit and vegetables is not a permissible measure in the context of crisis prevention and crisis management.
(2) in the case of measures taken in the context of crisis prevention and crisis management, the objectives of the national strategy and the national framework are to follow. These include in particular:
1. structural consolidation and preservation of agricultural land and farms in Austria, 2. respect for the principles of efficiency, expediency and economy, 3. consideration of all public funds, 4. conservation of the environment and resources and 5 use and maintenance and insurance obligation in terms of investment objects.
(3) in the case of all measures in the context of crisis prevention and crisis management, the producer organisations ensure that it is additional and not already ongoing activities:
(4) permitted are can be only measures that quickly implemented by producer organisations and applied, to counteract crisis cases according to. The type of measures is according to the national strategy to choose.
(5) the planned measures of for crisis management are to submit together with the application for authorisation or for the amendment of the operational programme of the AMA.
(6) measures of crisis prevention and crisis management can be carried out by non-members of a producer organisation only on such.
(7) if the financial contribution of the community in accordance with article 34 para 2 second and third subparagraph no. 1308/2013 increased, having Regulation (EU) implementing this boost in the wake of the approval of the operational programme to be carried out.
Crisis prevention and crisis management measures
Producer organisations may contracts not section 23 (1) in the framework of crop insurance policies with insurance companies, whose organe stand in a personal or economic close relationship with the organisation.
(2) the producer organisations and their members can be anyway, every possible care, to prevent crop failures and they use in particular those instruments, applying them only is made possible by the merger of producers to a producer organisation.
(3) the costs to be taken into account in the context of the establishment of risk funds mutual are in particular contract construction costs, administrative costs, and personnel costs. Through the establishment of a mutual risk fund, there must be no financial not equal weighting with regard to individual producers within the organisation.
(4) the purpose of the measure "Withdrawal" is only to free distribution. This, to look at those facilities which fulfil the conditions referred to in sections 34 to 47 of the Federal law on general provisions and the procedure for the taxes (Federal tax code - BAO) managed by the tax authorities of the Federation, the countries and the communities as "Charities". The AMA has a list of facilities that in accordance with article 34, paragraph 4 lit. No. 1308/2013 considering coming of Regulation (EU) to make. The recipients of the products are exempt from the obligation to keep records with respect to the withdrawal measure.
Tasks in the sector milk
Control of supply in certain cheeses
§ 24 recognised producer organisations, interbranch organisations, or an Association of operators referred to in article 3 paragraph 2 of Regulation (EU) No. 1151/2012 through quality schemes for agricultural products and foodstuffs, OJ No. L 343 of the 14.12.2012 p. 8, no. of 1308/2013 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, a request pursuant to article 150 of the Regulation (EC) environment and water management contribute. The documentation to demonstrate of compliance with the conditions to put forward are at the same time.
Rules for contractual relationships
Contract content in the sector milk
25. (1) in the sector milk for raw milk deliveries of milk producers with a first-time purchaser within the meaning of article 151 of the Regulation (EU) No. 1308/2013 contracts have to comply with the criteria described in this section concerning quality and worth defining characteristics and its assessment methods, as well as concerning conversion from 1 February 2016 in pricing and for the investigation of a laboratory listed in accordance with section 29 of the AMA to operate.
(2) section 1 is on first-time purchaser, which annually at most take over 24 000 kg raw milk does not apply.
§ 26 is the first version of milk in liters, is to convert the factor 1.025 kg. The milk collected in kilograms on a fractional quantities of milk producers are monthly count together and be rounded to whole kilogram commercial.
Section 27 (1) the valuation according to fat content, protein content, bacterial count, inhibitors, freezing point and content of somatic cells. This is or are
1. the fat and protein content in at least three surveys per month by using of infrared spectrophotometry, 2. the germ and cell number in at least two investigations per month using the automated fluorescence optical method of counting, 3. the inhibitors in at least an investigation a month using the brilliant black reduction test and 4 the freezing point at least an investigation a month using the crystallized or infrared method to determine.
(2) the assessment basis for
1. when the fat and protein content the arithmetic mean of the test results; rounded to two decimal
2. If the bacterial count of detected germ number comparison value (arithmetic mean) of the billing month. This is about the limit of the assessment level 1, the geometric mean of the month and the previous billing month month as for the assessment level 1 is to be used if the result is at least the assessment level 1. When new suppliers (these are milk producers, where there are no results from the previous billing month month) a germ comparison number is assumed by 50 000 per ml;
3. If the content of somatic cells of the observed value in somatic cells of the billing month (arithmetic mean). This is about the limit of the assessment level 1, the geometric mean of the month and the two previous billing month months as for the assessment level 1 is to be used if the result is at least the assessment level 1. New suppliers assume a cell number value of 250 000 per ml;
4. when the inhibitors the detected result of inhibitor studies in the billing month. An inhibitor positive milk producers is so promptly by the initial purchaser demonstrably to communicate and to exclude from the takeover. The milk so long in accordance with § 5 of the Federal law on safety requirements and other requirements for food, tableware and cosmetic products for the protection of consumers and consumer (food safety and Consumer Protection Act - LMSVG), BGBl. I to bring no. 13/2006, not in traffic, to milk producers is through a laboratory listed in accordance with section 29 of the AMA confirming its delivery milk inhibitor freedom. An inhibitor positive in a billing month, which is so outside the cut-off to classify acquired milk as a inhibitor positive;
5. If freezing the found freezing in the billing month. For the classification of quality may limit-515 m ° C, taking into account the critical difference between + 4 m ° C (permissible maximum-511 m ° C) not be exceeded. The presence of extraneous water has to be done, which is to investigate after the method applied for the routine investigation through a full trial. The procedure to put the full sample is to be set by the AMA and to announce.
(3) the classification is made according to quality characteristics according to the following procedure:
1. for the classification by quality characteristics apply following assessment levels:
up to 50 000 per ml
up to 100 000 per ml
over 100 000 per ml
up to 250 000 per ml
up to 400 000 per ml
over 400 000 per ml
2. for the classification in the rating, S must both be reached the limit value indicated for this rating when the bacterial count, as well as the number of cell. If the milk to bring study month only temporarily not in traffic, because there is for example an inhibitor positive sample, a rating in the rating S or 1 is not possible.
3. for the monthly delivery of milk a milk producer, deductions can be made when these complies with at least the assessment level 1 or exceeding the limit exists with regard to the freezing point.
4. milk with positive proof of inhibitor, with external water additive or legally established infringements of food law provisions is not to bring in traffic.
Section 28 (1) has the sampling to be carried out by technically suitable persons. In any case, a relevant completed vocational training or an appropriate professional training concerning sampling and samples is regarded as professional competence. This teaching is carried out through listed laboratory pursuant to § 29 para 4 of the AMA. The suitability of the sampling is to be confirmed after the instruction from the training site. The training of the Sampler is to review at the latest after three years. A first instruction can be carried out by suitable people in the operation and remains three months. A training of the Sampler by a Laborerfolgt listed by the AMA must be at the latest until the expiry of this period.
(2) the total cost of the investigations for determining the quality characteristics and the ingredients of the milk supplied to including the cost of sampling and the samples are to be borne by the first-time buyers.
(3) the milk producers is entitled to take investigation by authorized persons in the context of routine sampling and check with a for that purpose authorized investigation body.
Technical detail specifications
Section 29 (1) the technical detail requirements for the classification of the milk and the method of sampling and sample transport including a collection of laboratories, which to be used are to carry out the investigation, as well as to carry out ring tests be carried out by the AMA and are to be published in the publication Journal of the AMA.
(2) the AMA has to provide in particular:
1. the procedure of sampling, 2. the device for a free tow and representative sampling, test 3. the procedure for missing samples and 4. the procedure for investigation.
(3) the AMA has the reference methods to announce and can individual device types and methods of investigation, unless due to validation, the equivalence is demonstrated with the reference method and if they conform to the State of the art, as permitted to explain.
(4) the list of laboratories, with the implementation of Milchqualitäts - and -ingredients-can be entrusted to investigation, is to be published by the AMA in the announcement journal. The AMA may only Labs, the
1 have a human and technical resources appropriate for the execution of tasks, 2. to ensure the quality of the examination results, 3. ensure that the test results and data of the device controls with reference materials are kept at least three years and 4 apply for inclusion in the list, record in the collection. These requirements are not, or no longer, is this administrative decision be communicated to the laboratory, and are these, if necessary, to delete from the collection. As the AMA with regard to the investigations, as well as the period between sampling and analysis to announce the information necessary for a proper implementation laboratories after the State of the art.
(5) the preservative solution to be used by the laboratory is in a company to produce that quality works and preparing the preservative solution is commissioned by the AMA.
Duldungs - and obligation to cooperate
section 30. To the verification of compliance with the specifications in this section the obligations referred to in article 5 for third party switched from first-time buyers, laboratories or milk producers and in the case of full or partial transfer of operations also apply to the legal successor.
31. (1) this regulation with 15 October 2015 enter into force.
(2) with the entry into force of this regulation
1. the Ordinance on producer organisations for fruit and vegetables, and associations of producer organisations for fruit and vegetables (fruit and vegetable EO-VO), Federal Law Gazette II No. 444/2008, 2. the dairy merger regulation (MVD), Federal Law Gazette II No. 343/2012 amended regulation, Federal Law Gazette II No. 52/2013, and 3. the milk quota regulation 2007 - MQuV 2007, Federal Law Gazette II No. 209/2007, override.
(3) article 19 and the appendix to § 19 MQuV 2007 occur with 31.01.2016 override.
(4) the MQuV of 2007 is still applicable to situations which have carried out until March 31, 2015 or relate to measures which are to apply to facts realized until March 31, 2015. 19 MQuV 2007 and the annex to section 19 are in addition to applicable to subsequent including 31 January 2016 raw milk deliveries to first-time purchaser.
(4) applications, ads and messages that relate to periods of time after October 15, 2015, can be submitted before entry into force of this regulation at the AMA. If applications, advertisements and information concerning operational programmes relating to the year 2016, were filed at the Federal Ministry of agriculture and forestry, environment and water management, these are the AMA after entry into force of this regulation to forward
(5) before the entry into force of this regulation at the Federal Ministry of agriculture and forestry, environment and water management submitted applications for recognition as a producer organisation or association, about the still undecided is, are to decide by the AMA.