Law On The Establishment Of A Federal Agency For Agriculture And Food

Original Language Title: Gesetz über die Errichtung einer Bundesanstalt für Landwirtschaft und Ernährung

Read the untranslated law here: http://www.gesetze-im-internet.de/bleg/BJNR201900994.html

Law on the establishment of a Federal Agency for agriculture and food (BLEG) BLEG Ausfertigung date: 02.08.1994 full quotation: "law on the establishment of a Federal Agency for agriculture and food of 2 August 1994 (BGBl. I S. 2018, 2019), most recently by article 11 of the law of December 9, 2010 (BGBl. I S. 1885) has been changed" stand: last modified by article 11 G v. 9.12.2010 I 1885 about the stand number you see in the menu see remarks footnote (+++ text detection from) : 12.8.1994 +++) the G as article 1 G 780-8/1 v. 2.8.1994 I 2018 (BLEGuÄndG) by the German Bundestag, with the consent of the Federal Council decided. It is under article 96 set 2 of this G on the units entered into force; Article 8, paragraph 1 and article 16 are accordance with article 96 1 G v set. 2.8.1994 I 2018 on the 12.8.1994 entry into force.

Table of contents section 1 legal form, name, seat section 2 tasks § 3 § 4 organs President § 5 Board § 6 rights and duties of the Board of Directors article 7 Advisory Section 8 statute legislation and supervision article 9 administrative budget section 10 economic plan, credit authorization § 11 officials § 12 employees, workers sections 13 to 15 (dropped out) § 16 rectification of terms article 1 legal form, name, based In the Division of the Federal Ministry of food, agriculture and consumer protection (Ministry) is a federal legal institution of under public law by merging the Federal Institute for agricultural market organisation and of the Federal Office for food and forestry established. The institution is called the "Federal Agency for agriculture and food" (Federal Agency). It is headquartered in Bonn.

§ 2 duties (1) the Federal agency takes over the tasks that were previously transferred to the Federal Institute for agricultural market organisation and the Federal Office for food and forestry. Their tasks include: 1 that is control and regulation of agricultural markets and implementation of common market organisations, insofar as it transferred responsibility for this by law or regulation, 2. providing for the implementation of measures referred to in article 3 (1) of Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (OJ OJ L 209 of the 11.08.2005, p. 1) in the currently valid version necessary financial resources within the framework of article 14 (2) of Regulation (EC) No 1290/2005, even if the Federal Agency for the implementation of the measures is not responsible, 3rd is the performance of duties of food freezing and food provision, insofar as it transferred responsibility for this by law or regulation, 4. the procurement , Keeping and recycling of stockpiles of food and animal feed to security of supply, 5th in the scope of their activities the granting of permits and the execution of other legislation for the cross-border goods and services with products of nutrition, agriculture and forestry, where it transferred responsibility for this by law or regulation is to study, develop and test new forms and ways of marketing to improve the operation of the market, 6 , 7 carrying out other registration it is charged by law or regulation metaphor tasks, 8 administrative tasks of the Federal Government, for which no other jurisdiction is determined by the law and its implementation by the Federal Ministry.
(2) in their commercial and technical duties shall use the Federal of institutions of the economy.

Section 3 organs (1) organs of the Federal Agency are the President and the Board of Directors.
(2) the Statute determined duties and powers of the institutions, insofar as they are not regulated by this law.

§ 4 (1) President of the President runs the business and manages the assets of the Federal Agency on their own responsibility in accordance with this Act, the statutes and the instructions of the Ministry. He represents the Federal Court and out of court.
(2) the President's Permanent Representative (Vice President).

§ 5 Board of Directors (1) the Management Board consists of 28 members, and for not more than 1 six representatives of agriculture including the horticulture and viticulture, forestry and the fishing industry, 2. three representatives of consumers, 3. three representatives of wholesale and foreign trade, 4. two representatives of the retail trade, 5. two representatives of the food trade, 6 two representatives from the food industry, 7 two representatives of agricultural cooperatives , 8. a representative of the land trade, 9 a representative of the Federal Ministry, 10 a representative of the Federal Ministry of Economics and technology, 11 a representative of the Federal Ministry of finance, 12 4 representatives of the highest authorities of the country for food, agriculture and forestry.
The members of the Board of Directors must meet the requirements for the eligibility to the German Bundestag.
(2) that by the Ministry on a proposal from the respective umbrella organisations appointed representative of sentence 1 No. 1 to 8 (business groups) groups are referred to in paragraph 1 and dismissed. Your order is carried out for a period of four years; a member retires prematurely, his successor for the remainder of the term shall be appointed.
(3) the representatives of the federal ministries are by the competent federal ministries, who appointed representatives of the Supreme Land authorities by the Federal Council and dismissed.
(4) the representative of the Federal Ministry will chair the Board of Directors.

§ 6 in particular, he may with regard to the future activities for the annual report the Federal Agency in the performance of their professional duties, rights and duties of the Board of Directors (1) advising Board of Directors 1 and position take the accounts; He is the President regularly on the activities of the Federal Agency to inform; to the extent a right to information and consultation is to toward the President, 2nd is about the setting up of technical advisory boards and coordinates their activities with each other.
He put forward proposals in matters of the professional responsibilities of the Federal Ministry and is owned by the Ministry in all the Federal fundamental issues, particularly in the appointment of the President and Vice President as well as for an amendment of the articles of. Sentences 1 and 2 shall not apply to the tasks no. 2 (2) are the representatives of business groups according to § 2 para 1 sentence 2 to any orders or instructions tied and have their duties to the best of our knowledge and belief to provide.
(3) the members of the Board of Directors are volunteers.
(4) the Board of Directors is rules of procedure, which requires the approval of the Ministry.

§ 7 Advisory (1) for the professional sectors can be formed advisory boards. You compose of expert representatives of producers, of trade, of processing plants and consumers who are represented, the Federal Professional Association appointed by the Board of Directors on a proposal from the respective umbrella organisations and, as far as not in these and dismissed. Moreover, representatives of the Ministry and the Supreme Land authorities include the specialist Advisory; in terms of appointment and dismissal, § 5, paragraph 3 shall apply mutatis mutandis.
(2) the advisory boards have the task to advise the organs of the Federal Agency on matters of the respective Department directly. To the extent a right to information and consultation is to against the President and the Board of Directors.
(3) § 6 par. 2 to 4 shall apply mutatis mutandis.

§ 8 statutes signalling and supervision (1) that is Ministry authorized to adopt no. 5 and 6 in consultation with the Federal Ministry of finance, in terms of the set of 2 by legal Ordinance which shall not require the consent of the Federal Council, the federal statutes. Are in the Constitution, where appropriate, to include in particular provisions on 1 the naming of the proposal entitled umbrella organisations according to § 5 para 2, the activities of the Board of Directors, as well as the composition of advisory boards, 2. the rights and obligations of the organs of the Federal Agency and the advisory boards, 3. the delegation of the drawing power to staff of Bundesanstalt, 4. building of the Federal Agency, 5. the budgetary, management and accounting of the Bundesanstalt , 6. the borrowing according to § 10 par. 4 and 5 (2) the Federal Agency is subject to the legal and technical supervision of the Ministry. The Ministry may give instructions to the Federal Agency. The Federal Agency is obliged to inform the Ministry about conducting business and to present to him the documents of the Federal Agency.
(3) does not meet the Federal agency their tasks or inadequate, so the Ministry may perform the tasks themselves or carried out by a special representative.

§ 9 operating budget (1) that has Federal from in its scope to expected revenues and expected to be paid expenses in an administrative budget. On the establishment and implementation of the administrative budget, the payments, the accounting and the accounting you are each applicable provisions to apply for the Federal.
(2) the administrative budget is determined by the President. He needs his effectiveness the approval of the Federal Ministry, which extends also on the appropriateness of the approaches. The Ministry reimbursed the Federal Agency to the balance of the approved administrative budget administrative expenditure not covered by their own revenue.
(3) after the end of the financial year, a bill relating to revenue and expenditure in the administrative area is to set up. The Bill is to check from the Federal Ministry. The Ministry grants discharge.

§ 10 business plan, credit authorization (1) which is a federal agency that outside of the scope of management for the tasks according to § 2 para 1 expected falling income and expenses before the start of the financial year in a business plan dar. The economic budget is set by the President. It needs the approval of the Ministry (2) the Federal Ministry of the Federal expenses 1 for tasks according to § 2 para 1 sentence 2 Nos. 1 and 2 from resources of the European agricultural guidance and guarantee fund for agriculture and from the federal budget, 2 for the remaining tasks from the federal budget, unless permitted by law nothing is reimbursed.
(3) after the end of the financial year a balance sheet, a profit and loss statement and an annual report must be according to the guidelines of the Federal Ministry. § 9 para 3 sentence 2 to 4 shall apply.
(4) the Federal Agency is authorized, to the financing of the value of the intervened and stockpiled goods to borrow, as far as the resources assigned to it for this purpose to the self management are not sufficient.
(5) (5) to the performance of its tasks according to section 2, paragraph 1, sentence 2 number 2 receives the liquidity support of the Federal Government, Federal Agency to do the necessary expenditure, if appropriate resources from the budget of the European Union not yet available are placed.

§ 11 officers (1) the Federal Agency has Service Mr ability. Their officers are federal agents.
(2) the officials of the salary order B are appointed by the Federal President. In addition, the President of the Federal Agency appoints officials.
(3) Supreme Administrative authority for the President and the Vice President of the Federal Agency is the Federal Ministry. For other civil servants Supreme Administrative Authority is the President of the Federal Agency.

§ 12 employees, workers on the employees and workers of the Federal Agency are collective agreements applicable for employees of the Federal Government and other provisions to apply.

articles 13 to 15 (dropped out) § 16 rectification of names the Federal Ministry is empowered, by legal Ordinance which shall not require the consent of the Federal Council, to replace the term "Federal Agency for agriculture and food" in laws and regulations the terms "Federal Office for food and forestry" and "Federal Institute for agricultural market regulation".