Trade Association Regulation

Original Language Title: Branchenverband-Verordnung

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164. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management for the establishment of inter-branch organisations in the wine sector (Industry Association Regulation)

Pursuant to Section 34 (1) of the Wine Act 2009, Federal Law Gazette (BGBl). I n ° 111 as amended by the Federal Law BGBl. I No 111/2010, shall be ordered:

Establishment of the National Wine Committee

§ 1. (1) In accordance with Article 125o of Regulation (EC) No 1234/2007 on the Single CMO, OJ L 327, 30.12.2007, p. No. 1., a National Wine Committee will be established. The National Wine Committee is an industry association within the meaning of Article 125o of Regulation (EC) No 1234/2007 and has legal personality as a body of public law.

(2) The National Wine Committee consists of 27 members, who are appointed by the Federal Minister for Agriculture, Forestry, Environment and Water Management for a period of five years:

1.

nine members proposed by the Austrian Chamber of Agriculture, with at least two members having to represent the cooperative sector,

2.

nine members proposed by the Austrian Chamber of Commerce, whereby at least two members must represent the Austrian sparkling wine production, and

3.

two representatives of the Federal Ministry of Agriculture, Forestry, Environment and Water Management, one managing director of Austria Weinmarketing GmbH and one representative of each of the federal states of Lower Austria, Burgenland, Styria and Vienna, and each an additional member of the Austrian Chamber of Agriculture and the Austrian Economic Chamber.

(3) Decisions of the National Wine Committee shall be taken by a majority of three quarters of the votes cast, with each member proposed and appointed pursuant to paragraph 2 Z 1 or 2 having one vote. The members pursuant to paragraph 2 Z 3 are not entitled to vote. The members proposed and appointed pursuant to paragraph 2 (2) (1) or (2) may transfer their voting rights to another member of that circle. The National Wine Committee is quorum in the presence of at least half of the voting members.

(4) The voting members shall elect a chairman from the circle of members proposed and appointed by the Austrian Chamber of Agriculture, who shall represent the National Wine Committee to the outside and head the decision-making process. The voting members also elect a deputy of the chairman from the circle of members proposed and appointed by the Austrian Chamber of Commerce, who, in the case of the chairman, are unable to do so in all matters of interest. represents. The chairman determines one or more general managers who are responsible for the business interests of the National Wine Committee.

(5) The National Wine Committee shall establish its own rules of procedure, both for its own business and for those of the Regional Wine Committees.

(6) The institutions of the National Wine Committee shall be the Chairperson, the Vice-Chairman and the members of the National Wine Committee as a whole.

(7) In order to control the building of the Regional Wine Committees pursuant to § 2, a control committee shall be set up consisting of two members and one alternate member. The Austrian Chamber of Agriculture and the Austrian Chamber of Commerce and the Austrian Chamber of Commerce propose each member and a substitute member. The order for the duration of five years is made by the Federal Minister for Agriculture, Forestry, Environment and Water Management.

Rules for the establishment of Regional Wine Committees

§ 2. (1) In order to carry out one or more of the activities referred to in § 3, regional wine committees shall be established on a proposal from the National Wine Committee. These regional wine committees are inter-branch organisations within the meaning of Article 125o of Regulation (EC) No 1234/2007 and bear the name "Regional Wine Committee" in conjunction with the name of their local area of action. The Regional Wine Committees have legal personality as bodies of public law.

(2) The regional wine committees are composed of representatives of the wine industry of the local area of activity.

(3) The composition of the members of the Regional Wine Committee shall be representative of the specific circumstances of the local area of activity.

(4) The members of the Regional Wine Committee are proposed by the Chamber of Agriculture of Austria and the Austrian Chamber of Commerce and the Federal Minister for Agriculture, Forestry, the Environment and Water Management for the duration of five Years. The proposal requires the approval of the National Wine Committee.

(5) The Regional Wine Committee shall consist of at least five members. The number of members shall not exceed the following limits:

1.

in the case of a local area of activity which includes less than 1,000 hectares of vineyard area: 7 members,

2.

in the case of a local area of activity, comprising between 1,000 and 5,000 hectares of vineyard area: 15 members,

3.

in the case of a local area of activity comprising more than 5,000 hectares of vineyard area: 21 members.

(6) The decisions of the Regional Wine Committee shall be taken by a majority of three-quarters of the votes cast, each member having one vote and the right to vote transferable. The Regional Wine Committee has a quorum in the presence of at least one-half of the members entitled to vote.

(7) Members shall elect a chairman who shall represent the Regional Wine Committee and shall direct the decision-making process. The members also elect a deputy of the chairman who, in the event of the chairman's prevention, represents the latter in all matters. The Chairman may serve the business interests of a Managing Director.

(8) The Regional Wine Committee shall meet at the invitation of the Chairperson or at the request of at least one third of its members. The Regional Wine Committee meets at least once per calendar year.

Areas of responsibility of the Regional Wine Committee

§ 3. In its local area of activity, the Regional Wine Committee shall decide, in particular, on:

1.

To improve knowledge and transparency with regard to the production and marketing of quality wines with the aim of improving the coordination of sales.

2.

Market research and the implementation of marketing measures in cooperation with Austria Wein Marketing GmbH. For the implementation of marketing measures of the Regional Wine Committees, Austria Wein Marketing GmbH submits guidelines to be decided by the National Wine Committee.

3.

Development of processes and technologies to improve product quality.

4.

Elaboration of standard contracts such as B. Supply contracts or management contracts.

5.

Definition of conditions for the production and marketing of regional-type quality wine with a profile of origin.

Legal effect of decisions

§ 4. (1) The Regional Wine Committee shall inform the National Wine Committee in writing immediately after the decision has been taken.

(2) Decisions of the Regional Wine Committee with regulatory implications, such as: B. The amount of the contributions in accordance with § 5, require the approval of the National Wine Committee.

(3) Decisions pursuant to § 3 Z 5 require the approval of the National Wine Committee and can be used by the Federal Minister for Agriculture, Forestry, the Environment and Water Management as the basis for a regulation pursuant to § 34 para. 1 of the German Wine Act 2009 proposed.

Collection of contributions

§ 5. The regional wine committees are empowered as bodies under public law to implement measures to improve the knowledge and transparency of quality wines typical of regional origin, with the profiles of origin of such wines, those who are Placing wines on the market, prescribting contributions and setting their level. For the purpose of collecting these contributions, the Regional Wine Committees may use third parties authorised to do so. The control of the payment of contributions shall be ensured on the basis of a specific capsule or other visible and recognisable sign as a compulsory component of the wine denomination.

Berlakovich