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Recognition Of Producer Organisations For Fishery Products

Original Language Title: Anerkennung von Erzeugerorganisationen für Fischereierzeugnisse

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Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the recognition of producer organisations for fishery products

Pursuant to § § 6 Abs.1, 7 (1), 22, 23 and 28 (1) of the Market Order Act 2007-MOG 2007, BGBl. I n ° 55, as last amended by the Federal Law BGBl. I n ° 72/2008, shall be:

Scope

§ 1. The provisions of this Regulation shall be used for the implementation of the following acts of the European Communities:

1.

Regulation (EC) No 104/2000 on the common organisation of the markets in fishery and aquaculture products, OJ L 327, 31.12.2000, p. No. OJ L 17, 21.01.2000, p. 22, and

2.

Regulation (EC) No 696/2008 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the extension to non-members of certain rules laid down by producer organisations in the fisheries sector, OJ L 327, 31.12.2000, p. No. OJ L 195, 24.07.2008, p.6.

Responsibility

§ 2. The Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible for the enforcement of this Regulation and the acts referred to in § 1.

Recognition of producer organisations

§ 3. A producer organisation shall be recognised if:

1.

meets the conditions laid down in the acts referred to in Article 1,

2.

at least 40% of the weight of the total Austrian production of the species or group of species for which recognition is sought,

3.

undertakes to comply with the retention obligations referred to in § 5, and

4.

undertakes to comply with the duty and co-action obligations referred to in § 6.

Reporting

§ 4. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has recognised the status of recognised producer organisations by 15 February of each year at the latest, according to a report by the Federal Ministry for Agriculture, Forestry, Environment and Water management model to produce a report that illustrates how it works. The report, which relates in each case to those products or fish for which the producer organisation has been established, shall contain in particular:

1.

Production statistics showing the total quantity of products produced in the previous calendar year by producers belonging to the producer organisation, broken down by each species of fish and by the Federal States must be

2.

commercialisation statistics showing the total quantity of products marketed by the producer organisation in the preceding calendar year, broken down by each species;

3.

Price statistics showing the average gross sales revenue achieved for each species in the previous calendar year and the average prices paid to producers,

4.

the indication of the quantities of the individual fish species which have not been sold by the producers ' organisation through the producer organisation;

5.

presentation of any alterations to the documents referred to in § 3, and

6.

Presentation of the implementation of production and marketing regulations.

Retention duties

§ 5. The producer organisation shall keep all the documents from the end of the calendar year to which they refer, four years from the end of the calendar year, with the diligence of a prudent businessman, unless, in accordance with other provisions, long-term retention obligations are required. exist.

Disclosure and co-action obligations

§ 6. (1) For the purposes of the review, the producer organisation shall have the institutions and representatives of the Federal Ministry of Agriculture, Forestry, the Environment and Water Management, the Court of Auditors, the European Community and the European Union. The Court of Auditors (hereinafter referred to as 'the audit process') shall allow the business and operating rooms and the land to be entered during the business and operating hours or by agreement.

(2) The audit bodies are authorized to inspect the accounts, the inventory and any documents which the testing authorities consider necessary for their examination.

(3) In the course of the examination, a suitable and informed person shall be present, to provide information and to provide the necessary assistance.

(4) The examiners may request the temporary release of records and documents and, in this case, have to confirm their handing over.

(5) In the case of automated accounting, at the expense of the producer organisation, the testing authorities shall be required to produce printouts with the necessary information.

(6) If the producer organisation has switched on third parties, the provisions of paragraphs 1 to 5 shall also apply to them.

(7) In the event of complete or partial transfer of the producer organisation, the duty and co-action obligations referred to in paragraphs 1 to 6 shall also apply to the successor to the legal successor.

Berlakovich