Act For The Further Development Of The Market Structure In The Agricultural Sector

Original Language Title: Gesetz zur Weiterentwicklung der Marktstruktur im Agrarbereich

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Agricultural market structure development law (Agri-market structural law-agricultural MSG)

Non-official table of contents

Agriculture MSG

Date of expend: 20.04.2013

Full quote:

" Agricultural Market Structure Act of 20. April 2013 (BGBl. I p. 917) "

Footnote

(+ + + Text evidence from: 25.4.2013 + + +)

The G was defined as the article 1 of the G v. 20.4.2013 I 917 approved by the Bundestag. It's gem. Article 5, first sentence, of this G entered into force on 25.4.2013. unofficial table of contents

content overview

§ 1 Scope
§ 2Definitions
§ 3 Responsibility
§ 4Recognition requirements and procedures
§ 5Cartel provisions
§ 6Agricultural organization register
§ 7Monitoring; notices; publication
§ 8 Penal rules
§ 9Legal ordinances in special cases
§ 10 Announcement of legal ordinances
§ 11Transitional determination
Non-Official Table of Contents

§ 1 Scope

(1) This law goverts
1.
the state recognition of
a)
Producer organizations and associations of producer organizations (Associations) and
b)
Industry Associations,
to the extent that their activities relate to agricultural products (agricultural organizations), and
2.
their exemption from the prohibition of cartels.
(2) This Act also serves to implement the acts of the European Community or of the European Union (Union law) with regard to
1.
of the State recognition of agricultural organizations as provided for by Union law, including organisations and associations governed by Union law, comparable to agricultural organizations, and
2.
the exemption of the organisations and associations referred to in paragraph 1 of Union law from the Antitrust.
(3) Insofar as Union law leaves Member States to recognise agricultural organisations or to apply Union law on the recognition of agricultural organisations, the law may, in accordance with this law, be recognised as having or in whole or in part, in accordance with the sentence 2. An order can only be done if this
1.
is required for administrative reasons or
2.
in the interest of the affected agricultural organizations.
Non-official Table of contents

§ 2 Definitions

(1) An agricultural product within the meaning of this law is
1.
a product obtained from the original production of the product of the Agriculture (agricultural product) or
2.
a product obtained from an agrarian product by processing or processing (agricultural processing product),
to the extent that the product in question is listed in Annex I to the Treaty on the Functioning of the European Union (Annex I product). (2) A product not listed in Annex I (non-Annex I product) shall, by way of derogation from paragraph 1, be an agricultural product within the meaning of this Act, in so far as
1.
Union law provisions concerning the recognition of an agricultural organisation for this Product contains or
2.
a legal regulation pursuant to paragraph 3 for the product concerned declared to be applicable to the product concerned.
(3) The Federal Ministry of Justice Food, Agriculture and Consumer Protection (Federal Ministry) is authorized, in agreement with the Federal Ministry of Economics and Technology, by decree law which requires the approval of the Federal Council, of this Act on products for the purposes of paragraph 2 (2), where there is a need for the recognition of agricultural organisations for such products in order to promote agricultural production. Non-official table of contents

§ 3 Jurisdiction

(1) Responsible for the implementation of this law, which has been adopted pursuant to this Act. Legal regulations and the Union law referred to in § 1 (2), also in conjunction with paragraph 3, are the competent authority (competent authority) in accordance with the law of the country, unless in this law or in accordance with this Act shall be determined by law.(2) Local competence shall be determined in accordance with the headquarters of the agricultural organisation. Non-official table of contents

§ 4 Conditions and procedures of recognition

(1) The Federal Ministry is authorized, in agreement with the Federal Ministry of Economics and Technology (Federal Ministry of Economics and Technology), which requires the approval of the Federal Council,
1.
the agricultural products, for each of which
2.
to determine the conditions in which an agricultural organisation is recognised, in particular:
a)
the objectives to be followed by the agricultural organizations,
b)
Required and content a statutes or a similar act, in which the objectives of the agricultural organisation and the rights and obligations of the members are described in particular (Statute),
c)
in the case of a producer organization or association with respect to the agricultural products covered by the respective agricultural organization
aa)
minimum volumes,
bb)
minimum market values,
cc)
minimum area,
d)
Requirements for membership, especially
aa)
a minimum member number,
bb)
the membership in more than one Agricultural organization,
cc)
in the case of a producer organisation or association, the obligation to provide the products of the Members,
3.
Details of the determination of the headquarters to be made
4.
the process of recognition, especially with respect to
a)
of the glory of the Recognition,
b)
The recognition of agricultural organizations that operate across countries or Member States, and
c)
the involvement of the competent cartel authorities,
to govern and
5.
recognition of abusive use.
(2) An agricultural organisation may not, at any time, exclude competition in the area covered by the recognition.(3) An agricultural organisation which is not recognised may not be regarded as a recognised agricultural organisation. The general right shall apply to non-recognised agricultural organisations. Non-official table of contents

§ 5 Cartel provisions

(1) For activities that an agricultural organization has included in the area covered by its recognition § 1 of the Law on Competition Restrictions does not apply. In addition, the provisions of the Law on Competition Restrictions remain unaffected.(2) The Federal Ministry is hereby authorized, in agreement with the Federal Ministry of Economics and Technology, by means of a regulation requiring the approval of the Federal Council,
1.
to regulate the exchange of information on facts about the recognised agricultural organisations between the authorities responsible for recognition and the antitrust authorities, as far as the exchange for the action of the other authority is required,
2.
as far as an agricultural organisation is against an applicable provision of the antitrust law , to regulate the revocation or revocation of recognition, including the procedure, and,
3.
to the extent that EU law specifically applies to certain agricultural organisations; Antitrust rules provide for the requirements and the procedure required to implement these provisions.
Table of contents

§ 6 Agricultural organization register

(1) Each competent body shall keep a register for the purposes of informing the public for the agricultural organisations which it is responsible for recognising. (agricultural organization register), which is for the respective agricultural organization
1.
Name and address,
2.
date of recognition,
3.
specification of the product range to which the recognition
4.
the information specified in paragraph 3 and
5.
the information provided in accordance with a legal regulation Reason given in paragraph 4
.(2) Information from the register may be obtained through the automated call via the Internet. In the case of automated retrieval via the Internet, corresponding measures to ensure data protection and data security are to be taken in the respective state of the art.(3) If the recognition of an agricultural organisation is lifted, recognition shall be withdrawn for other reasons or the recognition shall be entered in the agricultural organisation register the date of cancellation, removal or frenchment. At the end of the fifth calendar year following the year of cancellation or the expiry of the recognition, all data of the agricultural organisation concerned shall be deleted from the agricultural organisation register.(4) The Federal Ministry is authorized to regulate the inclusion of further data in the agricultural organization register by means of a decree law which requires the consent of the Federal Council, insofar as
1.
the data is available in the digits referred to in paragraph 1,
2.
the data is not person-related and
3.
there is a public interest in the publication of the data.
Non-official table of contents

§ 7 Monitoring; Communications; Publication

(1) The Federal Ministry is authorized, in agreement with the Federal Ministry of Economics and Technology, Technology by means of a regulation which requires the approval of the Federal Council to adopt the provisions necessary to monitor compliance with the law on agriculture or to comply with the obligation of notification to the institutions of the European Union. Union is required. In particular, participation, recording, storage, information and other support obligations, as well as obligations to carry out the entry and visit of business premises and premises, to take samples as well as to the Inspection and copying of business documents are required.2. The competent authorities may, in so far as it is necessary to comply with the requirements of the agricultural organization law, data which they have obtained in the framework of recognition or surveillance, other competent bodies in the same country, the competent authorities of other countries, the Federal Government or any other Member State or institutions of the European Union.(3) In so far as the competent authority is a federal body, this body may not provide personal data for statistical or scientific purposes in compliance with the requirements of the protection of trade secrets and of a functioning competition. Non-official table of contents

§ 8 Penal rules

(1) Contrary to the law, who intentionally or negligently
1.
contrary to § 4, paragraph 3, sentence 1, referred to as an approved agricultural organization,
2.
a legal regulation after
a)
§ 4 (1) (4) (a) or (b), § 5 (2) (3) or (7) (1) sentence 1, or
b)
§ 4 paragraph 1 (5)
or a enforceable order under such a decree, insofar as the legal regulation applies to a particular event This fine is referred to, or
3.
is contrary to a directly applicable provision of Union law within the meaning of Article 1 (2), in so far as a regulation of the law of the European Union is
() In the cases referred to in paragraph 1 (1) and (2) (b), the administrative offence may be subject to a fine of up to EUR 50 000 and in the other cases are punished with a fine of up to ten thousand euros.(3) The Federal Ministry shall be authorized, in so far as this is necessary for the enforcement of Union law within the meaning of Article 1 (2), to designate, by means of a decree law with the consent of the Federal Council, the facts which are deemed to be an administrative offence under the provisions of paragraph 1 of this Article 1 number 3 may be punished. Non-official table of contents

§ 9 Legal regulations in special cases

(1) The Federal Ministry is authorized to act by means of a decree-law, which the The Federal Council requires the consent of the Federal Council to delete
1.
The provisions of this Act or to adapt it in its wording to a remaining area of application as far as it is concerned by:
Institute for Agriculture and Food (Bundesanstalt)
the Federal Institute for Agriculture and Food (Bundesanstalt) as the Federal Institute for Agriculture and Food (Bundesanstalt) as competent authority.
(2) Where, in accordance with paragraph 1 (2), the Bundesanstalt is designated as the competent authority for the management of the agricultural organization register, the required register data shall be provided by the authority referred to in Article 6 (1) to the Federal Agency. The procedure for the transmission of the register data may be set out in more detail in the legal regulations referred to in paragraph 1 (2).(3) In legal orders pursuant to Section 4 (1) (2) (c) and (d) (aa), the respective empowerment may be transferred in whole or in part to the national governments in order to take account of specific regional circumstances. The state governments can transfer the authorization to the supreme state authorities by means of a legal regulation. Non-official table of contents

§ 10 Announcement of legal regulations

Legal regulations under this Act may differ from § 2 (1) of the Announcing and announcing law in the Federal Gazette is announced. Non-official table of contents

§ 11 Transitional determination

Recognition of agricultural organizations based on the up to the 24. The provisions of this Act shall remain in force unless otherwise specified in accordance with the provisions of this Act.