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

Original Language Title: Gesetz zur Weiterentwicklung der Marktstruktur im Agrarbereich

Read the untranslated law here: http://www.gesetze-im-internet.de/agrarmsg/BJNR091710013.html

Act for the further development of the market structure in the agricultural sector (agricultural market structure Act - AgrarMSG) AgrarMSG Ausfertigung date: 20.04.2013 full quotation: "agricultural market structure law of 20 April 2013 (Gazette I p. 917)" footnote (+++ text detection from: 25.4.2013 +++) the G as article 1 of the G v. 20.4.2013 I 917 of the Bundestag decided. It is under article 5 sentence 1 of this G on the 25.4.2013 entered into force.

Table of contents section 1 scope article 2 definitions article 3 jurisdiction article 4 conditions and procedures of recognition of § 5 antitrust provisions § 6 Agricultural Organization register article 7 monitoring; Messages; Publication section 8 penalty provisions article 9 regulations in special cases § 10 proclamation of regulations section 11 transitional provision Article 1 scope (1) this Act regulates 1 State recognition of a) producer organisations and associations of producer organisations (associations) and b) industry associations, as their work relates to agricultural products (agricultural organizations), and 2. whose exemption from the prohibition.
(2) also serves this law of the implementation of legal acts of the European Community or the European Union (European Union law) with respect to 1 in Union law provided for State recognition of agricultural organizations including organizations regulated by the Union law and associations that are comparable with agricultural organizations, and 2. the exemption contained in EU law of the organizations referred to in paragraph 1 and associations from the cartel ban.
(3) as far as it leaves the Member States the Union right, recognizing agricultural organisations or to apply European Union law on the recognition of agricultural organizations, recognition or application can be arranged in regulations under this Act fully or partially according to the sentence of 2. An arrangement allowed only as far as this 1 for reasons of administrative procedure is required or 2. in the interests of the affected agricultural organizations.

Article 2 definitions (1) is an agricultural product within the meaning of this Act 1 a product obtained through the Urerzeugung of agriculture (agricultural Urerzeugnis) or 2 a product, which was an agricultural Urerzeugnis through editing or processing obtained (agricultural processing product), insofar as the respective product in annex I of the Treaty on the functioning of the European Union is given (annex I product).
(2) a product listed in annex I (non Annex I product) is an agricultural product within the meaning of this Act by way of derogation from paragraph 1, if 1 provisions relating to the recognition of an Agricultural Organization for this product contains the Union right or 2 this Act applicable explains a regulation pursuant to paragraph 3 of the affected product.
(3) the Federal Ministry of food, agriculture and consumer protection (Ministry) is authorized, in consultation with the Federal Ministry of Economics and technology by means of an Ordinance which require the consent of the Federal Council number 2 for applicable to explain this law on products within the meaning of paragraph 2, if there is a need for the recognition of agricultural organizations for such products with regard to the promotion of agricultural production.

Section 3 jurisdiction (1) responsible for the implementation of this law, the regulations adopted on the basis of this Act and of Union law referred to in article 1, paragraph 2, in conjunction with paragraph 3, (Agricultural Organization) is the competent under national law (competent authority), unless stipulated in this law or regulations adopted on the basis of this act otherwise.
(2) the territorial jurisdiction is determined according to the headquarters of the agricultural organization.

§ Authorized 4 conditions and procedure of recognition (1) that is Ministry, in agreement with the Federal Ministry for economy and technology by means of an Ordinance which require the consent of the Federal Council, is the agricultural products for which each agricultural organisations recognised to determine 2 the conditions whose occurrence an agricultural organization recognized 1 set, in particular: a) the objectives to be pursued by the agricultural organizations, b) necessity and content of a statute or a comparable Act , in which in particular the objectives of the agricultural organisation and the rights and obligations of the members are described (Statute), c) agricultural products covered in the case of a producer organisation or association with regard to the respective agricultural organization aa) minimums, bb) minimum market value, cc) minimum acreage, d) requirements for membership, especially aa) bb a minimum number of members) membership in more than an agricultural organization, cc) in the case of a producer organisation or association the obligation to delivery of products of the members , 3. details concerning the definition of the headquarters to meet, 4. the recognition, in particular with regard to a procedure) the suspension of recognition, b) the recognition of agricultural organizations that operate across countries or Member States, and c) the participation of the relevant antitrust authorities to regulate and 5 to protect the recognition from improper use.
(2) an agricultural organization may exclude the competition at any time in the area covered by the recognition.
(3) an agricultural organization which is not recognized, may not call themselves recognized agricultural organization. The general right to apply is not recognized agricultural organizations.

§ 5 antitrust rules (1) for activities that makes an agricultural organisation in the area covered by their recognition and meet the agricultural organization law, section 1 of the Act against restraints on competition does not apply. In addition, the provisions of the Act against restraints on competition remain unaffected.
(2) the Federal Ministry is authorized, in consultation with the Federal Ministry of Economics and technology by means of an Ordinance which require the consent of the Bundesrat, 1. to regulate the exchange of findings of facts with regard to the recognised agricultural organisations between the bodies responsible for the recognition and the cartel authorities, insofar as the replacement for the action of the other authority is required, 2. as far as an agricultural organization violates an applicable provision of antitrust law , the suspension or revocation of recognition including the procedure to regulate, and, 3. so far as Union law provides special antitrust regulations for certain agricultural organizations to regulate the requirements necessary for the implementation of these provisions and the procedure.

§ 6 Agricultural Organization registry (1) each competent authority shall for organizations of agricultural, for their recognition she is responsible, a register for the purpose of informing the public (Agricultural Organization register), for the agricultural organisation 1 name and, to which refers the recognition address, 2. the date of recognition, 3. specifying the product range, 4. the information shall contain the information referred to in paragraph 3 and 5 by a legal regulation on the basis of paragraph 4.
(2) information from the register may be granted in the form of automated retrieval via the Internet. The respective State of the art measures to ensure data protection and data security to meet are automated retrieval via the Internet.
(3) the recognition of an agricultural organization is lifted, dropped the recognition for other reasons or recognition, rests is the date of lifting of the disappearance or the suspension in the agricultural organization register to enter. To the expiration of the fifth year the repeal or the discontinuation of the following calendar year recognition, delete all data of the agricultural organisation from the register of agricultural organization.
(4) the Federal Ministry is empowered by means of an Ordinance which require the consent of the Federal Council to regulate the inclusion of additional data in the register of agricultural organization as far as 1 the evidence the authorities referred to in paragraph 1, 2. the data is not personally identifiable, and 3. the publication of the data is a public interest.

Article 7 monitoring; Messages; Publication (1) the Federal Ministry is authorized, in consultation with the Federal Ministry of Economics and technology by means of an Ordinance which require the consent of the Federal Council to adopt the measures that are required to monitor compliance with the agricultural organization law and the fulfilment of reporting obligations towards the institutions of the European Union. In particular, notification, recording, storage, information and other support duties duties to the toleration of visits and visits to premises and workplaces to carry out samples as well as for inspection and copying documents may be prescribed.
(2) the competent authorities may, inform as far as this is necessary for the compliance with the requirements of agricultural organization law, data gained in the framework of the recognition or monitoring, other authorities of the same country, the competent authorities of other countries, the Federal Government or other States or institutions of the European Union.
(3) where the competent authority is a body of the Federal Government, this site can publish non-personal data for statistical or scientific purposes in compliance with the requirements of the protection of business secrets and a functioning competition.

§ 8 penalty provisions (1) any person is, who intentionally or negligently called 1 contrary to § 4 paragraph 3 sentence 1 is recognised agricultural organization, 2. a decree after a) § 4 paragraph 1 number 4 letter a or b, § 5 paragraph 2 number 3 or § 7 paragraph 1 sentence 1 or b) contravenes section 4 paragraph 1 number 5 or an enforceable order on the basis of such legal regulation , as far as the legal regulation for a specific offence refers to this fine provision, or contravenes 3. a directly applicable provision of Union law within the meaning of article 1(2) insofar as a legal regulation refers to this fine provision pursuant to paragraph 3 for a given offence.
(2) the offence may in the cases of paragraph 1 number 1 and 2 point (b) a fine of up to fifty thousand euro and in other cases a fine punishable up to ten thousand euros.
(3) the Federal Ministry is authorized, as far as this is necessary for the enforcement of EU law in the sense of § 1 paragraph 2 to identify the facts that number 3 can be punished as a misdemeanor referred to in paragraph 1 by decree with the consent of the Federal Council.

Article 9 regulations in special cases (1) the Federal Ministry is empowered by means of an Ordinance which require the consent of the Federal Council to delete 1 provisions of this Act or to customize a remaining field of application in their wording, insofar as they have become inapplicable by the adoption of corresponding directly applicable European Union law, and 2. to determine the Federal Agency for agriculture and food (Bundesanstalt) as the competent authority.
(2) as far as the Federal Agency as responsible for maintaining the register of agricultural organization is determined according to paragraph 1 number 2, required data in the register of the Office of the federal institution referred to in article 6(1) are to submit. In legal regulations referred to in paragraph 1 number 2 can be regulated the procedure for the transmission of register data closer.
(3) in regulations according to § 4 paragraph 1 paragraph 2 letter c and d double letter aa can the respective authorization be transferred wholly or in part on the State Governments to take account of regional specificities. Country Governments can transfer the authorization by regulation Supreme Land authorities.

§ 10 proclamation of regulations regulations can be announced by way of derogation according to this law of article 2 paragraph 1 of the adorn - and notice Act in the Federal Gazette.

Transitional provision are recognitions of agricultural organizations, which remain until 24 April 2013 had been issued regulations, on the basis of the § 11, unless otherwise determined not on the basis of a regulation under this Act.