Regulation on the further development of the market structure in the agricultural sector

Original Language Title: Verordnung zur Weiterentwicklung der Marktstruktur im Agrarbereich

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Regulation on the further development of the market structure in the agricultural sector (agricultural market structure regulation-agricultural MSV)

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Agricultural MSV

Date of completion: 15.11.2013

Full quote:

" Agricultural Market Structure Ordinance of 15 November 2013 (BGBl. 3998), as defined by Article 6 of the Regulation of 18 June 2014 (BGBl). 798).

Status: Amended by Art. 6 V v. 18.6.2014 I 798

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 29.11.2013 + + +) 
(+ + + For application cf. Section 23 (2) + + +)

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Input formula

The Federal Ministry of Food, Agriculture and Consumer Protection decrees on the basis of
-
§ 2 Paragraph 3, § 4 paragraph 1, in the case of § 4 paragraph 1, point 1 also in connection with § 1 paragraph 3 sentence 1 and § 4 paragraph 1 number 2 letter c double letter cc also in connection with § 9 paragraph 3 sentence 1, as well as the § 5 paragraph 2 and § 7 Paragraph 1 of the Agricultural Market Structure Act of 20 April 2013 (BGBl. 917), in agreement with the Federal Ministry of Economics and Technology, and
-
Section 9 (1) (2), also in conjunction with Section 9 (2) sentence 2 of the Agricultural Market Structure Act of 20 April 2013 (BGBl. I p. 917):
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Content Summary

Content oversight section 1
General provisions
§ 1 Product ranges
§ 2 Principle of recognition
§ 3 General recognition requirements
§ 4 Recognition Procedure
§ 5 Recognition of recognition
§ 6 Infringement of antitrust rules
§ 7 Agricultural Organization Register
Section 2
Producer organisations and their associations
§ 8 Objectives
§ 9 Membership
§ 10 Minimum number of members; duty of service; scope of recognition
§ 11 Associations
Section 3
Interbranch Associations
§ 12 Objectives
§ 13 Membership
Section 4
Special provisions for
the wine product range
§ 14 Minimum area under producer organisations
Section 5
Special provisions for
the milk and milk products sector
§ 15 Negotiations on raw milk contracts
§ 16 Communications
Section 6
Special provisions for
the product range of agricultural ethyl alcohol
§ 17 Requirements for production
Section 7
Surveillance; Communications; Administrative Offences
§ 18 Retention
§ 19 Monitoring for recognition requirements
§ 20 Surveillance powers; duty to exercise and to co-act
Section 21 Communications
Section 22 Irregularities
Section 8
Transitional and final provisions
Section 23 Transitional provisions
§ 24 Repealing Rules
Section 25 entry into force
Annex
(to § 1 (1))
Additions to product ranges and other product areas

Section 1
General provisions

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§ 1 Products

(1) The areas of agricultural products for which agricultural organisations can each be recognised (product ranges) are:
1.
the sectors referred to in Article 1 (1) (a) to (j) to (j) and (j) to (j), and (3) and (4) of Council Regulation (EC) No 1234/2007 of 22 June 2007, 1 October 2007 on a common organisation of agricultural markets and on specific provisions for certain agricultural products (OJ L 327, 28.12.2007, p. 1), as amended in Section I of the Annex to this Regulation, are to be considered as an integral part of the respective product range; and
2.
the product ranges referred to in Section II of the Annex to this Regulation.
(2) In the product areas referred to in paragraph 1, the recognition of agricultural organisations shall be governed by the provisions of European Union law and in addition to the provisions of the Agricultural Market Structure Act and this Regulation. (3) By way of derogation from paragraph 1 may not be recognised in the wine product sector. (4) This Regulation shall not apply to product areas outside the scope of paragraph 1, for which recognition of agricultural organisations is provided for in accordance with other provisions. Unofficial table of contents

§ 2 Principle of recognition

(1) An agricultural organisation shall be recognised in response to its request if it
1.
the general conditions for recognition of § 3 and
2.
the specific conditions of recognition applicable to the applicant agricultural organisation in accordance with Union law, the Agricultural Market Structure Act and this Regulation for certain agricultural organisations or certain product areas,
(2) For each product range in which an agricultural organisation is active, a separate recognition shall be required. (3) A recognised agricultural organisation shall be entitled to:
1.
an activity which relates to agricultural products outside their recognition; or
2.
Agricultural products within the meaning of point 1
(4) The exercise of the rights and obligations assigned to an agricultural organisation by the agricultural organisation law shall be the responsibility of the persons acting on the basis of the The statutes of the agricultural organisation are ordered to represent the same in the legal transport sector. Unofficial table of contents

§ 3 General Recognition Requirements

An agricultural organisation must:
1.
be a legal entity under private law or public law or a private association of private law,
2.
may return to an initiative of its members,
3.
their headquarters in a country in which they
a)
has members and
b)
an activity that is not only insignificant in comparison with its overall activity,
, in so far as it is not an industry association, and
4.
have a written statute,
a)
the
aa)
the name,
bb)
the headquarters and
cc)
the fulfilment of the recognition requirements
are to be found,
b)
the rules
aa)
on decision-making in accordance with democratic principles,
bb)
on membership fees,
cc)
to carry out the tasks properly,
dd)
for the admission of new members and the termination of membership,
ee)
on sanctions in the event of breaches of membership obligations and
ff)
for the establishment of branch offices
.
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§ 4 Recognition Procedure

(1) The application for recognition of an agricultural organization shall be submitted to the competent authority in writing. The application shall be
1.
the current statute of the agricultural organisation,
2.
a list of first names and surnames, in the case of legal persons, of all the members of the agricultural organization present at the time of the application, including their respective addresses,
3.
proof, for each Member referred to in paragraph 2, that it meets the requirements of the right of agricultural organisation to the membership, and
4.
proof of the filling of the requirement of § 3 (1)
shall be attached. In so far as a group of persons not registered in an official register places an application for recognition, it shall, by way of derogation from the second sentence of the second sentence, add a certified copy of the contract relating to its establishment. The agricultural organisation shall, at the request of the competent authority, provide further information and provide evidence where the documents submitted pursuant to sentences 2 and 3 are not sufficient for the examination of the conditions of recognition, and as far as this is necessary for the examination of the recognition. (2) The application shall be decided within four months from the date of the existence of the particulars and documents required for the examination of the recognition. In the absence of any necessary information or documents, the Authority shall inform the applicant accordingly. If further testing is required, the competent authority may extend the period of the sentence 1 by up to two months. (3) A recognised agricultural organisation shall have the competent authority to modify any one of the requirements for the fulfilment of the Conditions of application of the relevant facts resulting from the recognition, in particular any legally effective amendment of the Articles of Association, to be notified in writing within three months of the date on which the amendment becomes effective. The notification shall be accompanied by the documents required to prove it. (4) If the establishment of the headquarters in the statutes is amended and the local authority changes, the amendment of the statutes to the date of effect of the amendment shall be amended. competent authority. This body shall inform the new competent body of the amendment to the statutes, including the statutes. (5) If a recognition has been cancelled or otherwise omitted, the agricultural organisation may not be able to do so at the earliest a year from the date of its effect. of the end-of-life recognition. In cases of special hardship, the competent authority may reduce the time limit set by the first sentence. Unofficial table of contents

§ 5 abolition of recognition

(1) The recognition shall be withdrawn if a prerequisite for recognition was not provided. It must be revoked if a condition for recognition is subsequently no longer fulfilled. In lieu of withdrawal or withdrawal, the competent authority may order the resting of the recognition if the facts justify the acceptance that the reason for the withdrawal or revocation is remedied within a reasonable period of time. (2) In the field of the activities covered by the recognition, a serious infringement of the law which is outside compliance with the conditions of recognition and which is attributable to the agricultural organisation shall be continued by means of which the the appearance of the agricultural organisation is so significantly affected, or , the recognition may be revoked, so that a state recognition may be contrary to it. The necessary consultation of the agricultural organisation shall be carried out with the participation of the competent authority in each case. In place of the revocation, the rest of the recognition may be ordered in accordance with the third sentence of paragraph 1. (3) After recognition, a condition of recognition of the agricultural organization law shall be changed, the agricultural organizations concerned shall be required to: as amended, comply with the conditions of recognition within twelve months of the date of the change in effect. If the competent authority indicates in writing to the agricultural organisation, the agricultural organisation must inform the competent authority, on request, by the end of the period referred to in the first sentence, that it shall have the amended condition for recognition is fulfilled. In the absence of a notification in accordance with the second sentence, or if the agricultural organisation does not comply with the amended condition for recognition by the end of the period referred to in the first sentence, the competent authority shall notify the deletion of the recognition by communication. Instead of erasure, the reputation of recognition may be arranged if facts justify the assumption that the unfulfilled condition of recognition will be fulfilled within a reasonable period of time. (4) If the possibility of the Recognition of certain agricultural organisations shall expire after 12 months from the end of the lifting of the recognition of the agricultural organisations concerned. In cases of special hardship, the time limit referred to in the first sentence may be extended for a maximum period of six months on request. The extinguisher is to be determined by the competent authority. (5) The recognition may be waived in writing at any time with respect to the competent authority. The waiver shall be established by communication and shall take effect with this determination. Unofficial table of contents

§ 6 infringement of antitrust law

Where the competent cartel authority initiates proceedings for infringement of an antitrust provision by a recognised agricultural organisation, it shall inform the competent authority thereof and may provide the necessary information for the procedure and request documents. If the competent cartel authority makes a decision in the proceedings against the agricultural organisation, it shall forward the decision to the competent authority in the form of a communication. In accordance with the legal force or the final annulment of the decision, the second sentence shall apply accordingly. Unofficial table of contents

§ 7 Agricultural Organization Register

(1) By way of derogation from § 6 (1) of the Agricultural Market Structure Act, the Federal Institute for Agriculture and Food (Bundesanstalt) is responsible for the management of the agricultural organization register. (2) The Federal Institute for Agriculture and Food (Bundesanstalt). (2) The Federal Institute for Agriculture and Food (Bundesanstalt). Bodies referred to in the Agricultural Market Structure Act shall transmit to the Federal Institute for the end of each quarter of a calendar year the data referred to in § 6 (1) and (3) sentence 1 of the Agricultural Market Structure Act in an electronically processable form and separately according to the individual agricultural organizations. In the Federal Gazette, the Bundesanstalt can make demands on the data format and the data fields in the Federal Gazette.

Section 2
Producer organisations and their associations

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§ 8 Objectives

Each producer organisation shall pursue, in whole or in part, at least one of the following objectives:
1.
ensuring that production is planned, in particular in quantitative and qualitative terms, in accordance with demand,
2.
Pooling the supply and marketing of the production of its members,
3.
Reduction of production costs and stabilisation of producer prices.
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§ 9 Membership

(1) Member of a producer organisation may only be who is a producer of agricultural products,
1.
come from the product range covered by the producer organisation, or
2.
from which an agricultural product belonging to the product range covered by the producer organisation is produced by the producer or the producer organisation.
(2) In the event that a producer cedes the production prescribed in accordance with paragraph 1 during his membership, the statutes of a producer organisation must provide that the member, subject to a membership within the meaning of paragraph 3, shall: (3) Persons who do not produce agricultural products (inactive members) may not be able to do so within a period of one year from the organisation of the producer organisation, unless there are rules on social or social legislation. member of a producer organisation, if the statutes provide that: the active members possess the majority of the voting rights in the institutions of the producer organisation required by the statutes. Inactive Members may not contribute to the fulfilment of conditions for recognition. (4) A producer organisation may only use third parties to carry out its activities if the third party in question is under the supervision of the Producer organisation. Unofficial table of contents

§ 10 Minimum number of members; duty of service; scope of recognition

(1) The minimum number of members of a producer organisation shall be five members. (2) The members of a producer organisation shall be obliged to pay at least 90 per cent of their agricultural products intended for sale, which shall be the subject of the activity of the producer organisation. Producer organisations are to be offered for sale by the producer organisation (obligation to pay). (3) The producer organisation may, by means of a decision of its institution responsible for the essential decisions, adopt a two-thirds majority , the votes shall repeal all or part of the obligation to provide information In this respect, the sale of the agricultural products should be carried out in accordance with common sales rules. (4) Recognition is not affected by a short-term violation of the minimum number of members or the obligation to provide services. (5) The recognition extends only to: Agricultural and agricultural processing products within the meaning of Article 9 (1). Unofficial table of contents

§ 11 Associations

(1) Each association has to pursue in whole or in part at least one of the objectives set out in § 8. (2) A member of an association may only have a producer organisation recognized within the scope of the Agricultural Market Structure Act, which is the producer organisation in the Association covered product range. If a member takes up his duties, Section 9 (2) shall apply accordingly. Article 9 (3) shall apply with the proviso that inactive members are persons who do not fulfil the conditions set out in sentence 1. § 9 (4) shall apply accordingly to the activities of third parties. (3) The minimum number of members of an association shall be two members.

Section 3
Interbranch Associations

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§ 12 Objectives

(1) An industry association serves to promote the understanding of the economic operators involved in a product sector and to pursue common interests in the promotion of the product sector. (2) In particular, an industry association may: pursue the following objectives:
1.
market research and advertising,
2.
Improvement of production, processing and marketing,
3.
promotion of good practice of agricultural production,
4.
Promotion of product quality, organic farming and regional products.
(3) The industry association shall not be allowed to:
1.
Produce, process or market agricultural products,
2.
in the case of quantities and prices, as well as similar acts,
3.
create distortions of competition, or
4.
carry out acts which:
a)
not necessarily necessary in order to achieve the objectives of the common agricultural policy pursued by the activities of the sectoral association; or
b)
endanger the proper functioning of the common organisation of agricultural markets.
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§ 13 Membership

(1) An industry association for a product range shall at least be made up of representatives
1.
the production and
2.
of processing or trade
(2) The representatives must:
1.
be active in the relevant product range, and
2.
as a whole, for the groups represented in the relevant branch of the industry referred to in paragraph 1, represent a significant proportion of the economic activity in the product sector concerned, at least at regional level.
Where the trade association in its statutes is limited to the part of a product range and this part constitutes a separate market, the essential part of the product in the sense of sentence 1 (2) shall refer to that part of the product range.

Section 4
Special provisions for the wine product sector

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Section 14 Minimum area under producer organisations

(1) The members of a producer organisation in the wine product sector must have a minimum area of 100 hectares of vines. (2) The national governments may, by means of a regulation for producer organisations, be subject to special conditions. regional conditions, reduce the minimum area under cultivation to 30 hectares of vineyards.

Section 5
Special provisions for the milk and milk products sector

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Section 15 Negotiations on raw milk contracts

(1) In the context of negotiations on raw milk contracts within the meaning of Article 126c of Regulation (EC) No 1234/2007, a recognised producer organisation in the milk and milk products sector may also be a farmer who shall also be a member of a producer group. or a number of other recognised producer organisations in the product sector shall, in accordance with the provisions of the sentences 2 to 4, be members. The farmer concerned shall have a holding with two or more establishments situated in at least two different geographical areas. Where one or more premises are situated in a different geographical area, the farmer may be a member of another producer organisation for those premises. Different geographical areas are available where the producer organisations concerned cover different geographical areas. (2) In the case of milk and milk products, a recognised producer organisation in the milk and milk products sector is responsible for the production of milk and milk products. competent authority, a notification within the meaning of Article 126c (2) (f) of Regulation (EC) No 1234/2007 concerning a quantity of raw milk covered by contract negotiations, the notification shall be a declaration that the Conditions laid down in Article 126c (2) (d) and (e) of Regulation (EC) No 1234/2007, including in conjunction with paragraph 1, shall be attached. The Federal Ministry of Food and Agriculture may announce in the Federal Gazette pattern for the notification referred to in sentence 1, including the related declaration. (3) The notification referred to in the first sentence of paragraph 2 shall be notified to the Federal Ministry for Food and Agriculture. that the maximum quantity of raw milk referred to in Article 126c (2) (c) of Regulation (EC) No 1234/2007 is exceeded, the competent authority shall inform the producer organisation within one week. (4) The paragraphs 1 to 3 shall be Recognised associations in the milk and milk products sector shall apply accordingly. Unofficial table of contents

Section 16 Communications

(1) In accordance with Article 126c (6), first subparagraph, in conjunction with the second sentence of the second subparagraph of Regulation (EC) No 1234/2007, the competent cartel authority shall apply in accordance with the first sentence of Article 6 (1). If a decision is taken in the procedure, the second sentence of § 6 and the third sentence of paragraph 6 shall apply. (2) The first sentence of the first subparagraph of Article 126c (6) shall be adopted by the competent cartel authority in accordance with the first sentence of the first subparagraph of Article 126c (2) of the Regulation (EC) No 1234/2007, the competent cartel authority shall notify the competent authority to the competent authority. (3) The Länder shall inform the Bundesanstalt in an electronically processable form the following:
1.
the provisions of Article 3 (1) of Commission Implementing Regulation (EU) No 511/2012 of 15 June 2012 on notifications relating to producer organisations and inter-branch organisations, as well as contract negotiations and relations pursuant to Regulation (EC) No 511/2012 Council Regulation (EC) No 1234/2007 in the milk and milk products sector (OJ L 327 39), as amended in each case, by 1 March each year,
2.
together with the notification in accordance with Article 21 (1), the information referred to in Article 1 of the Implementing Regulation (EU) No 511/2012, in so far as they are not already covered by Article 21 (1).
(4) A communication referred to in Article 2 (1) of the Implementing Regulation (EU) No 511/2012 states that the negotiations concern more than one Member State, the competent body shall forward the information referred to in Article 3 (2) of the implementing Regulation (EU) No 511/2012 of the Federal Institute and of the competent cartel authority.

Section 6
Special provisions relating to the product range of agricultural ethyl alcohol

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Section 17 Requirements for production

By way of derogation from Article 10 (5), 49 per cent of the annual production of agricultural ethyl alcohol in the production of raw alcohol or of agricultural ethyl alcohol directly produced from raw materials may be used for the production of raw materials for the production of raw materials. raw materials not produced by the manufacturer. If the producer is a producer organisation which processes the raw materials of its members, the first sentence shall refer to the raw materials of its members.

Section 7
Surveillance; Communications; Administrative Offences

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§ 18 obligation to retain

Each recognised agricultural organisation shall keep all the documents relating to its activity four years from the end of the calendar year to which the documents relate, with the diligence of a prudent businessman, unless: consist of longer storage obligations under other rules. Unofficial table of contents

§ 19 Monitoring of recognition requirements

Each competent body shall, on the basis of a risk analysis, monitor annually at least 3 per cent of the recognised agricultural organisations falling within their competence to comply with the conditions of recognition. Unofficial table of contents

Section 20 Supervisory powers; duty to exercise and to co-act

(1) Persons appointed by the competent authority and those employed by the Federal Ministry of Food and Agriculture, the Federal Institute, the Länder, the European Union and other Member States of the Federal Ministry of Food and Agriculture The European Union may, in so far as it is necessary for the implementation of the agricultural organization law, including its supervision,
1.
during the business or operating period, enter land, commercial, operating and storage rooms and means of transport,
2.
make visits,
3.
take samples,
4.
Inspect and examine all business documents in writing or electronically and, from these documents, make copies, extracts, prints or copies and
5.
require the necessary information.
(2) The leading persons of an agricultural organisation shall be obliged to:
1.
to tolerate the acts referred to in paragraph 1 (1) to (4); and
2.
co-operate in the case of measures referred to in paragraph 1, in particular on request, to designate and open spaces, to provide written or electronic business documents, copies, extracts, prints or copies of the documents at their own expense , to enable the collection of samples and to provide the necessary information.
(3) Anyone who is obliged to provide information may refuse to provide information on such questions, the answers of which may be answered by him or any of the members of the danger referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure. Criminal prosecution or proceedings under the law on administrative offences. Unofficial table of contents

Section 21 Communications

(1) The Länder shall communicate to the Federal Office by 10 March each year in an electronically reprocessable form the following information relating to the previous year, in each case as a total number as well as divided by product ranges and those referred to in § 1 (1) of the Organization forms mentioned in the Agricultural Market Structure Act, with:
1.
the agricultural organisations recognised as at 31 December;
2.
the recognitions and the sacraments of recognition,
3.
the elimination of the recognition, broken down by the case groups referred to in § § 5 and 23 (1), and
4.
the revocation of recognition and the lifting of glory.
(2) To the extent that information on paragraph 1 is to be collected in accordance with Union law, the Länder shall communicate such information to the Federal Office. Where Union law lays down a time-limit for the collection or transmission of such information to other Member States or to institutions of the European Union, the notification shall be at least one month before the end of the period concerned, in accordance with the first sentence of the first sentence. , unless otherwise specified in this Regulation. (3) To the extent that information available under this Regulation of the Federal Institute is to be transmitted to the European Union, the Federal Agency shall inform the Federal Office of the information provided by the Federal Institute for Economic Research and Development (Bundesanstalt) in accordance with Union law of the European Union. Unofficial table of contents

§ 22 Administrative Offences

(1) Contrary to the provisions of Section 8 (1) (2) (a) of the Agricultural Market Structure Act, who intentionally or negligently is acting in accordance with the provisions of the
1.
Contrary to Article 4 (1), second sentence, a document referred to therein is not properly attached,
2.
Contrary to § 4, paragraph 1, sentence 4, an indication is not correct or proof is not correctly presented,
3.
, contrary to § 4 (3) sentence 1 or § 5 (3) sentence 2, even in conjunction with Section 23 (1) sentence 3, a communication does not make, not correct, not complete, not in the prescribed manner or not in time,
4.
Contrary to the first sentence of Article 15 (2), a declaration referred to in paragraph 15 (1) does not include, not correct, not fully or not in time
5.
Contrary to § 18, a document shall not be kept for at least four years,
6.
shall not tolerate any act referred to in paragraph 20 (2) (1); or
7.
contrary to Article 20 (2) (2), does not take part in a measure referred to therein.
(2) In the sense of Section 8 (1) (2) (b) of the Agricultural Market Structure Act, who intentionally or negligently refers to an activity referred to in Article 2 (3) or an agricultural product referred to in that article. (3) Contrary to Article 2 of the Implementing Regulation (EU) No 511/2012 of the Commission of 15 June 2012 on communications relating to information relating to the Producer organisations and interbranch organisations, as well as contract negotiations and relations in accordance with of Council Regulation (EC) No 1234/2007 in the milk and milk products sector (OJ L 327, 31.12.2007, p. 39) does not make a communication, not correct, not complete or not timely.

Section 8
Transitional and final provisions

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Section 23 Transitional provisions

(1) Agricultural organisations which:
1.
prior to 1 January 2014 on the basis of the Market Structure Act or the Agricultural Market Structure Act and the legal regulations adopted pursuant to these laws, and
2.
comply with Union legislation on the recognition of agricultural organisations under the common organisation of the market, which entered into force on 1 January 2014;
(2) Agricultural organisations within the meaning of paragraph 1 (1) which do not comply with the provisions of the Union law referred to in paragraph 1 (2) shall remain recognised until 31 December 2014. If the agricultural organisation concerned does not comply with the provisions referred to in paragraph 1 (2) until 31 December 2014, its recognition shall expire on 1 January 2015. The competent authority shall determine the extinguisher by decision. (3) An agricultural organisation shall be required to:
1.
for which the continued existence of recognition is determined in accordance with Article 11 of the Agricultural Market Structure Act; and
2.
the recognition of which shall not be granted in accordance with the second sentence of paragraph 2,
not all recognition requirements under the Agricultural Market Structure Act and this Regulation, it has to meet these requirements, subject to the fourth sentence of sentence 4 to 29 May 2015. If these conditions are not met up to that date, the recognition of the agricultural organisation concerned shall be issued. The competent authority shall determine the extinguisher by means of a communication. The second sentence of Article 5 (3) and the fourth subparagraph of Article 5 (3) shall apply with the proviso that the time limit referred to in the first sentence of paragraph 5 (3) shall be replaced by the date referred to in the first sentence of paragraph 5. Sentence 1 shall not apply to the conditions of recognition of § 3 (4) (b) of the double letter and of the first sentence of Article 9 (3). Unofficial table of contents

Section 24 Lifting of regulations

The following shall be deleted:
1.
First implementing regulation on the Market Structure Act: Battle cattle, piglets, calves for onward fattening and breeding cattle of 14 August 1969 (BGBl. 1186), as last amended by Article 2 of the Regulation of 5 November 1997 (BGBl I). 2642),
2.
Second Implementing Regulation to the Market Structure Act: Milk of 14 August 1969 (BGBl. 1187), as defined in Article 2 (2) (1) of the Law of 26 June 1992 (BGBl). 1159),
3.
Third Implementing Regulation on the Market Structure Act: Fish-Economic Products of 14 August 1969 (BGBl. 1205),
4.
Fourth Implementing Regulation on the Market Structure Act: Eggs and poultry of 6 January 1970 (BGBl. 33, 156), as defined in Article 2 (2) (2) of the Law of 26 June 1992 (BGBl I). 1159),
5.
Fifth Implementing Regulation on the Market Structure Law: Wine of 4 March 1970 (BGBl. 245), as last amended by Article 2 (2) (3) of the Law of 26 June 1992 (BGBl I). 1159),
6.
Sixth Implementing Regulation on the Market Structure Act: cereals, oil and legumes as amended by the Notice of 4 July 1994 (BGBl. 1459), as defined by Article 3 of the Regulation of 5 November 1997 (BGBl). 2642),
7.
Seventh Implementing Regulation on the Market Structure Act: Potatoes of 15 July 1970 (BGBl. 1112), as last amended by Article 2 (2) (5) of the Law of 26 June 1992 (BGBl I). 1159),
8.
Eighth Implementing Regulation on the Market Structure Act: Flowers, ornamental plants and tree products of 26 November 1970 (BGBl. 1545), as last amended by Article 4 of the Regulation of 5 November 1997 (BGBl I). 2642),
9.
Tenth Implementing Regulation on the Market Structure Act: Tobacco of 6 May 1971 (BGBl. 668), as defined by Article 2 (3) (1) of the Law of 26 June 1992 (BGBl I). 1159),
10.
Eleventh Implementing Regulation on the Market Structure Act: Honey of 18 June 1971 (BGBl. 825), as defined by Article 2 (3) (2) of the Law of 26 June 1992 (BGBl I). 1159),
11.
Twelfth Implementing Regulation on the Market Structure Act: Forestry Plants of 23 December 1971 (BGBl. 2166), as defined by Article 2 (3) (3) of the Law of 26 June 1992 (BGBl I). 1159),
12.
Thirteenth Implementing Regulation on the Market Structure Act: grafts and Edelreiser of 24 July 1974 (BGBl. 1565), as defined by Article 2 (3) (4) of the Law of 26 June 1992 (BGBl I). 1159),
13.
Sixteenth Implementing Regulation to the Market Structure Act: Wool of 6 April 1977 (BGBl. 560), as defined by Article 2 (2) (9) of the Law of 26 June 1992 (BGBl). 1159),
14.
Seventeenth Implementing Regulation to the Market Structure Act: dried fodder of 3 November 1987 (BGBl. 2360), as last amended by Article 1 of the Regulation of 10 June 1994 (BGBl I). 1256),
15.
Nineteenth Implementing Regulation to the Market Structure Act: medicinal plants and spices of 4 February 1991 (BGBl. 223), as defined by Article 2 (6) (1) of the Law of 26 June 1992 (BGBl. 1159),
16.
Twentieth Implementing Regulation to the Market Structure Act: Damtiere of 4 February 1991 (BGBl. 224), as defined by Article 2 (7) of the Law of 26 June 1992 (BGBl). 1159),
17.
Twenty-eighth implementing regulation on the Market Structure Act: Rabbit of 4 February 1991 (BGBl. 225), as defined by Article 2 (6) (2) of the Law of 26 June 1992 (BGBl). 1159),
18.
Twenty-second Implementing Regulation to the Market Structure Act: Plant products for technical use or energy production of 25 March 1992 (BGBl. 734), as last amended by Article 5 of the Regulation of 5 November 1997 (BGBl I). 2642).
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Section 25 Entry into force

This Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

Annex (to § 1 (1))
Additions to product ranges and other product areas

(Fundstelle: BGBl. I 2013, 4006-4007; individual changes, see Footnote)

In the following, CN code refers to a position within the framework of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 378, 27.9.1987, p. 1), as amended in each case. Section I
Additions to product ranges
1.
The cereals product range shall also include the following products:
a)
CN code ex 0713: dried dried legumes, whether or not shelled or crushed,
b)
CN code 1201 00 90: soybeans, whether or not shredded, other than sowing,
c)
CN code 1204 00 90: flaxseed, whether or not sanded, other than for sowing,
d)
CN code 1205 10 90: rapeseed or rape seed, whether or not shredded, other than for sowing,
e)
CN code 1206 00 91: sunflower seeds, whether or not shredded, other than for sowing,
f)
CN code 1207 50 90: mustard seed, whether or not shredded, other than for sowing,
g)
CN code ex 1207 99 97: other oil seeds and oleaginous fruits, whether or not shredded, other than for sowing,
h)
CN code ex 1214: rudder beet, fodder beet roots, hay, lucerne, clover, esparsette, forage cabbage, lupins, wigs and similar fodder, also in the form of pellets.
2.
The wine product range shall also include the following products falling within CN code ex 2307 00 90: Weinstein, crude.
3.
The beef and veal product range shall also include the following products falling within CN code ex 0102: bovine animals, live.
4.
The pigmeat product range also includes the following products:
a)
CN codes ex 0103: Pigs, live,
b)
CN codes ex 0203: Meat of pigs, fresh, chilled or frozen,
c)
CN codes 0210 11, 0210 12 and 0210 19 concerning meat of pigs: meat and edible offal, salted, in brine, dried or smoked; edible flour of meat or meat offal.
5.
The egg product range shall also include products falling within CN code 0407: eggs in the shell, fresh, preserved or cooked.
6.
The product range of agricultural ethyl alcohol shall also include:
a)
Rohalkohol, insofar as it is
aa)
from Annex I products,
bb)
has an alcohol content of less than 96% by volume,
cc)
the sensory properties of the raw materials, and
dd)
is processed into ethyl alcohol,
b)
Edible vinegar, insofar as it
aa)
is an Annex I product and
bb)
is obtained from ethyl alcohol.
Section II
Other product areas
1.
The following products shall be produced in the Damtiere and rabbit product area:
a)
CN code ex 0106: Damanimals and domestic rabbits,
b)
CN code ex 0208: meat, fresh, chilled or frozen, to the extent that the products are derived from products referred to in (a).
2.
The following products are intended to form the product range:
a)
KN-Code 5101: Wool, neither carded nor combed,
b)
CN code ex 5105 10 00 to 5105 29 00: Wool, carded or combed.
3.
The product range of medicinal plants shall be: CN code ex 1211: plants and parts of plants, seeds and fruits of the type mainly used for the production of fragrances or for the purposes of medicine, fresh or dried, whether or not: Cut, ground or similarly finely crushed.