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Law for the publication of information on the payment of funds from the European Fund for Agriculture and Fisheries

Original Language Title: Gesetz zur Veröffentlichung von Informationen über die Zahlung von Mitteln aus den Europäischen Fonds für Landwirtschaft und Fischerei

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Law for the publication of information on the payment of funds from the European Agricultural and Fisheries Fund (Agrar and Fisheries Fund Information-Law-AFIG.)

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AFIG.

Date of completion: 26.11.2008

Full quote:

" Agrar and Fisheries Fund Information Law of 26 November 2008 (BGBl. I p. 2330), as defined by Article 1 of the Law of 20 May 2015 (BGBl. I p. 725).

Status: Last amended by Art. 2 Abs. 106 G v. 22.12.2011 I 3044
Note: Amendment by Art. 1 G v. 20.5.2015 I 725 (No 19) in the form of a text, documentary evidence not yet concludedly processed

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 9.12.2008 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
EGV 1290/2005 (CELEX Nr: 32005R1290)
EGV 1198/2006 (CELEX Nr: 32006R1198) § 1 + + +)

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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

§ 1 Purpose and scope

This law serves
1.
the implementation of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, administration and control system of the common agricultural policy and repealing Regulations (EEC) No 1306/2013 -(EC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ No L 73, 27.3.2000, p. 1). 549), as amended and the acts adopted by the European Union in implementation thereof, to the extent that it provides for the publication of information on
a)
the beneficiaries of payments from the European Agricultural Guarantee Fund (EAGF) or the European Agricultural Fund for Rural Development (EAFRD),
b)
the amounts received by each recipient, and
c)
the nature and description of the measure financed,
is provided for;
2.
on the implementation of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 of the Council and of Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 136, 31.5.2011, p. 1), as amended and the acts adopted by the European Union for its implementation, to the extent that it provides for the tasks of the managing authority in connection with information measures within the meaning of Article 119 of the Treaty on European Union, Connection with Annex V to Regulation (EU) No 508/2014.
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§ 2 Publication

(1) The federal authorities responsible for the payment of funds from the European Agricultural Guarantee Fund, the European Agricultural Fund for Rural Development and, as far as these funds are paid by the countries concerned, the competent authorities of the countries concerned and, in the case of the European Fisheries Fund, the competent managing authority shall publish the information referred to in
1.
Article 111 (1) in conjunction with Article 112 of Regulation (EU) No 1306/2013, in conjunction with Articles 57 to 62 of Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 laying down detailed rules for the application of Regulation (EU) No 1306/2013 No 1306/2013 of the European Parliament and of the Council as regards the paying agencies and other bodies, the management of funds, the clearance of accounts and the provisions relating to controls, guarantees and transparency (OJ No L 13, 27.1.2013, p. OJ L 255, 28.8.2014, p. 59) and
2.
Article 119 in conjunction with Annex V to Regulation (EU) No 508/2014
in the relevant versions by direct entry on a joint Internet site operated by the Federal Institute for Agriculture and Food (Bundesanstalt) in accordance with the second subparagraph of Article 111 (1) of the Regulation (EU) N ° 1306/2013 in conjunction with Article 59 of the Implementing Regulation (EU) No 908/2014 and, in the case of the European Maritime and Fisheries Fund, in accordance with Article 119 in conjunction with Annex V to Regulation (EU) No 508/2014. In the case of a municipality or a municipal association, the first sentence shall apply only if the congregation or the municipal association has been assigned the tasks under this law by national law. (2) Each published body shall bear the data protection law Responsibility for the information it publishes, in particular for the legality of its collection, the admissibility of the publication and the accuracy of the information. Affected parties may assert their data protection rights in any of the publishers from which they have received payments. This body forwards the request to the responsible body after clarification of the responsibilities. (3) In consultation with the Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik, Bundesanstalt für Sicherheit in der Informationstechnik), the Bundesanstalt creates a security concept for the website, which is in particular, the technical and organizational measures required by the Federal Institute pursuant to § 9 of the German Federal Data Protection Act (Bundesdatenschutzgesetz). The security concept shall be drawn up not later than six months after the date of delivery of this law and shall be reviewed at regular intervals to ascertain whether it corresponds to the state of the art. (4) The access to the website shall be available to each (5) The published information shall be deleted on the Internet site two years after the first day of publication. Unofficial table of contents

§ 2a Data use

(1) Anyone who collects and stores the data referred to in Article 2 (1) from the website of the Federal Institute for Agriculture and Food shall not be allowed to collect the data for the purpose of providing the public with information on the recipients of payments. the European Agricultural and Fisheries Fund, in accordance with the first sentence of paragraph 2. (2) The data referred to in paragraph 1 shall not be allowed to:
1.
shall be used for more than two years from the date of its first publication on the Internet site for the purpose referred to in paragraph 1, in so far as the data relating to payments from the agricultural funds are concerned,
2.
be used or passed on for the purposes of advertising or the act of the address,
3.
for a recipient of payments which is not subject to payment by the publication.
The data referred to in paragraph 1 shall be deleted by the users referred to in paragraph 1 not later than two years after the date of their first publication on the website of the Federal Agency for Agriculture and Food. Unofficial table of contents

Section 3 Regulation

(1) The Federal Ministry of Food and Agriculture, in agreement with the Federal Ministry of Finance, shall, with the consent of the Federal Council, meet with the consent of the Federal Council for detailed provisions on the details of the procedure or technical and organisational measures for the publication of information on the Internet, in particular on:
1.
the content and structure of the website,
2.
the input, rectification, blocking and deletion of information,
3.
the insight into the website,
4.
the information to be published on beneficiaries of aid payments below the threshold value determined in accordance with Article 112 of Regulation (EU) No 1306/2013,
5.
data protection and data security, ensuring that the publications remain intact, complete and up-to-date, and can be assigned at any time to their origin.
(2) By 31 July 2015, by way of derogation from paragraph 1, the legal regulation referred to in paragraph 1 may be adopted without the consent of the Federal Council. The legal regulation shall not enter into force no later than six months after its entry into force. Your period of validity can only be extended with the approval of the Federal Council. Unofficial table of contents

Section 3a Penal rules

(1) Contrary to the law, those who intentionally or negligently act
1.
uses data contrary to paragraph 2a, paragraph 1, or
2.
shall not delete, in full or in time, in a timely manner, in accordance with the second sentence of paragraph 2a
(2) The administrative offence can be punished with a fine of up to three hundred thousand euros. (3) The Federal Agency for Agriculture and Food is the administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences. Unofficial table of contents

§ 4 Announcement of legal regulations

The legal regulations under this Act may be announced in the Federal Gazette by way of derogation from § 2 (1) of the Act of procuration and notice. Unofficial table of contents

§ 5 Entry into force

This Act shall enter into force on the day after the announcement.