Law on the further development of the market structure in the agricultural sector (agricultural market structure law-agricultural MSG)

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Agricultural MSG

Date of completion: 20.04.2013

Full quote:

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

Footnote

(+ + + Text proof: 25.4.2013 + + +) 

  

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

Content Summary

§ 1	Scope
§ 2	Definitions
§ 3	Responsibility
§ 4	Conditions and procedures for recognition
§ 5	Antitrust rules
§ 6	Agricultural Organization Register
§ 7	Monitoring; Communications; Publication
§ 8	Fines
§ 9	Legal orders in special cases
§ 10	Proclamation of legal orders
§ 11	Transitional provision

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§ 1 Scope

(1) This Act regulates

1.

the State recognition of

a)

Producer organisations and associations of producer organisations (associations) and

b)

Industry associations,

in so far as their activity relates to agricultural products (agricultural organizations), and

2.

whose exemption from the prohibition on 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.

the State recognition of agricultural organisations, provided for by Union law, including organisations and associations regulated by Union law, which are comparable to agricultural organisations; and

2.

the exemption of the organisations and associations referred to in paragraph 1 from the prohibition on cartels contained in Union law.

(3) In so far as Union law leaves Member States to recognise agricultural organizations or to apply Union law on the recognition of agricultural organizations, the recognition or application of the law in accordance with this law may be applied in whole or in part. be arranged partially in accordance with the sentence 2. An order may only be made where this is done

1.

is required for administrative reasons, or

2.

is in the interest of the agricultural organizations concerned.

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§ 2 Definitions

(1) An agricultural product within the meaning of this Act shall be:

1.

a product of agricultural origin (agricultural product) obtained by way of the production of the original; or

2.

a product obtained from an agricultural product obtained by processing or processing (agricultural product);

as far as 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: Agricultural product within the meaning of this Act, to the extent that:

1.

European Union law contains provisions concerning the recognition of an agricultural organisation for that product, or

2.

a legal regulation as referred to in paragraph 3 for the product concerned shall be declared to be applicable.

(3) The Federal Ministry of Food, Agriculture and Consumer Protection (Federal Ministry) is authorized, in agreement with the Federal Ministry of Economics and Technology, by means of a legal regulation which requires the approval of the Federal Council. this law shall be declared applicable to products referred to in paragraph 2 (2) where there is a need for the recognition of agricultural organisations for such products with a view to the promotion of agricultural production. Unofficial table of contents

§ 3 Jurisdiction

(1) The law governing the implementation of this Act, the legal regulations issued pursuant to this Act and the Union law referred to in Article 1 (2), also in conjunction with paragraph 3, are the laws of the Member States of the European Union (agricultural organisation law), which are based on the law of the country. competent authority (competent authority), unless otherwise specified in this law or in legal regulations issued pursuant to this Act. (2) The local jurisdiction shall be determined by the head office of the agricultural organization. Unofficial 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, by means of a decree law which requires the approval of the Federal Council,

1.

to determine agricultural products for which agricultural organisations are recognised;

2.

to lay down the conditions for the recognition of an agricultural organisation, in particular:

a)

the objectives to be pursued by the agricultural organisations;

b)

the requirement and the content of a statutes or a similar act which described in particular the objectives of the agricultural organisation and the rights and obligations of the members (statutes),

c)

in the case of a producer organisation or association with respect to the agricultural products covered by the agricultural organisation concerned,

aa)

minimum quantities,

bb)

minimum market values,

cc)

minimum area,

d)

Requirements for membership, in particular

aa)

a minimum number of members,

bb)

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 should be provided,

4.

the recognition procedure, in particular with regard to:

a)

the glory of recognition,

b)

the recognition of agricultural organisations operating across countries or Member States, and

c)

the participation of the competent antitrust authorities,

, and

5.

to protect recognition from abusive use.

(2) An agricultural organisation must 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. Unofficial table of contents

§ 5 Cartel provisions

(1) § 1 of the Law on Competition Restrictions does not apply to activities carried out by an agricultural organisation in the area covered by its recognition and which are in accordance with the law on agricultural organisation. In addition, the provisions of the law against restrictions on competition remain unaffected. (2) The Federal Ministry is authorized, in agreement with the Federal Ministry of Economics and Technology, to comply with the law of the German Federal Ministry for Economic Affairs and Technology. The Federal Council needs

1.

to regulate the exchange of information on facts with regard to recognised agricultural organisations between the authorities responsible for recognition and the cartel authorities, in so far as the exchange for the action of the other authority is required,

2.

in so far as an agricultural organisation violates an applicable provision of the antitrust law, to regulate the revocation or revocation of recognition, including the procedure, and,

3.

in so far as Union law provides for specific antitrust rules for certain agricultural organisations, the requirements and the procedure to be laid down for the implementation of those provisions.

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§ 6 Agricultural Organization Register

Each competent body shall carry out a register for the agricultural organisations which it is responsible for recognising, for the purpose of informing the public (agricultural organisation register), which shall be responsible for the agricultural organisation in question.

1.

name and address,

2.

date of recognition,

3.

Indication of the product range to which the recognition relates,

4.

the information referred to in paragraph 3 and

5.

the information provided for in accordance with a Regulation on the basis of 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 must be taken to ensure data protection and data security in the respective state of the art. (3) If the recognition of an agricultural organization is lifted, recognition shall be , for other reasons, or for other reasons, the date of cancellation, removal or fame shall be entered in the agricultural organisation register. For the end of the fifth calendar year following the year of cancellation or the expiry of the recognition, all data of the agricultural organization concerned shall be deleted from the agricultural organisation register. (4) The Federal Ministry shall be authorized to: by means of a regulation which requires the consent of the Federal Council to regulate the inclusion of further data in the agricultural organisation register, to the extent that:

1.

the data are available to the bodies referred to in paragraph 1;

2.

the data are not personal and

3.

there is a public interest in the publication of the data.

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§ 7 Monitoring; Communications; Publication

(1) The Federal Ministry is authorized, in agreement with the Federal Ministry of Economics and Technology, to adopt by means of law, which requires the consent of the Federal Council, the provisions necessary for the monitoring of compliance with the To the right of agricultural organisations or to the fulfilment of notification obligations to institutions of the European Union are required. In particular, participation, recording, storage, information and other support obligations, as well as obligations to carry out the entry and visit of premises and premises, to take samples as well as to the (2) The competent authorities may, in so far as is necessary to comply with the requirements of the agricultural organization law, data which they have in the context of the recognition or have gained surveillance, other competent authorities in the same country, inform the competent authorities of other countries, the Federal Government or any other Member State or institution of the European Union. (3) Where 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 business secrets and effective competition. Unofficial table of contents

§ 8 Penal provisions

(1) Contrary to the law, those who intentionally or negligently act

1.

referred to in the first sentence of Article 4 (3) as recognised agricultural organisation,

2.

a legal regulation in accordance with

a)

Section 4 (1) (4) (a) or (b), § 5 (2) (3) or (7) (1) sentence 1, or

b)

Section 4 (1) (5)

or a enforceable order under such a decree, to the extent that the regulation refers to that fine in respect of a particular case, or

3.

a directly applicable provision of Union law within the meaning of Article 1 (2), in so far as a legal regulation referred to in paragraph 3 refers to that fine for a certain amount of the offence.

(2) The administrative offence may be punishable in the cases referred to in points 1 and 2 (b) of paragraph 1, with a fine of up to fifty thousand euros and in the other cases with a fine of up to ten thousand euros. (3) The Federal Ministry shall authorized, in so far as it is necessary for the enforcement of Union law within the meaning of Article 1 (2), to designate, by means of a legal regulation with the consent of the Bundesrat, the facts to be punishable as an administrative offence pursuant to paragraph 1 (3) . Unofficial table of contents

§ 9 Legal orders in special cases

(1) The Federal Ministry is authorized by means of a decree law which requires the approval of the Federal Council,

1.

provisions of this Act, or to adapt it in its wording to a remaining area of application, to the extent that they have become inapplicable by the adoption of relevant directly applicable Union law; and

2.

The Federal Institute for Agriculture and Food (Bundesanstalt) must be designated as the competent authority.

(2) To the extent that the Bundesanstalt is designated as the competent authority for the management of the agricultural organization register in accordance with paragraph 1, point 2, the required register data shall be transmitted by the office referred to in § 6 (1) of the Federal Office. 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 Article 4 (1) (2) (c) and (d) (aa), the respective authorisation may be wholly or wholly subject to the following conditions: partly 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. Unofficial table of contents

Section 10 Announcement of legal regulations

By way of derogation from § 2 (1) of the German Federal Gazette (Federal Gazette), legal orders under this Act may be announced. Unofficial table of contents

Section 11 Transitional provision

Recognition of agricultural organisations which have been granted on the basis of the provisions in force until 24 April 2013 shall continue to exist unless otherwise specified in accordance with this law by means of a regulation.