Advanced Search

Statutes of the Federal Institute for Agriculture and Food

Original Language Title: Satzung der Bundesanstalt für Landwirtschaft und Ernährung

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Statutes of the Federal Institute for Agriculture and Food

Unofficial table of contents

BLES

Date of completion: 29.09.1994

Full quote:

" Statutes of the Federal Institute for Agriculture and Food of 29 September 1994 (BGBl. 2781), as defined by Article 1 of the Regulation of 23 July 1997 (BGBl I). I p. 1918).

Status: Amended by Art. 1 V v. 23.7.1997 I 1918

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1995 + + +)
(+ + + Text of the regulation see: BLESV + + +)

First section
Construction and management

Unofficial table of contents

§ 1 Structure of the institution

The Federal Institute for Agriculture and Food (Bundesanstalt für Landwirtschaft und Ernährung) is divided into departments, groups and units. The resulting organization will be determined by the Federal Ministry of Food, Agriculture and Forestry (Federal Ministry) by decree. Unofficial table of contents

§ 2 Management

(1) The President shall conduct the business and administer the assets of the Bundesanstalt on its own responsibility in accordance with the Law on the Establishment of a Federal Institute for Agriculture and Food of 2 August 1994 (BGBl. I p. 2018, 2019) (law), this statute and the instructions of the Federal Ministry. (2) He represents the institution in court and out of court. (3) He is represented in his capacity as an institution of the institution by the Vice-President. (4) He shall issue a Rules of Procedure, which require the approval of the Federal Ministry. Unofficial table of contents

§ 3 Representation, delegation of tasks, drafting authority

(1) The heads of department shall assist the President in managing the operations and management of the property of the institution. They are responsible for the ongoing transactions within the competence of their departments. The President may delegate further responsibilities to the heads of department. This is to be done, in particular, for the heads of the "Plant products" and "Animal products" departments in the field of goods transactions. The transfer, the revocation and the extent of the power of representation are announced in the Federal Gazette. (2) The President may have the final power of drawing for business operations of a defined area of responsibility to employees of the institution. transfer. The details and the form of the drawing will be governed by the Rules of Procedure. (3) Legal business declarations shall be in writing.

Second section
Management Board

Unofficial table of contents

Section 4 The appointment of the members of the Administrative Board and their alternates

(1) The representatives of the economic groups referred to in Article 5 (1) of the Law shall be proposed by the following federal associations:
1.
the representatives of agriculture, including horticulture, viticulture, forestry and the fishing industry by the Deutscher Bauernverband e.V., in agreement with the Zentralverband Gartenbau e.V., the German Wine Association (Deutscher Weinbauverband e.V.), the German Forest Economic Council (Deutscher Forstwirtschaftsrat e.V.) and the Bundesmarktverband der Fischwirtschaft e.V.,
2.
a representative of the consumer by the German Trade Union Confederation, the German Employees ' Union and the Association of Consumer Associations,
3.
the representatives of wholesale and foreign trade by the Bundesverband des Deutschen Groß-und Außenhandels e.V. in agreement with the Zentralverband gewerblicher Verbundgruppen e.V.,
4.
the representatives of the retail trade by the Federal Association of the German Food-Retail Trade (Bundesverband des Deutschen Lebensmittel-Einzelhandels e.V.) in agreement with the Bundesverband der Filialbetriebe und Selbstwaitungs-Warenhäuser e.V. and the Federation of German Consumer Cooperatives (Bundesverband deutscher consuming-operatives) E.V.,
5.
the representatives of the food trade by the Central Association of the German Craft,
6.
the representatives of the food industry by the Federal Association of the German Nutrition Industry,
7.
the representatives of agricultural cooperatives by the German Raiffeisenverband e.V.,
8.
the representative of the Landwarenhandels by the Zentralverband des Deutschen cereals-, Feed-und fertilizmittelhandels e.V.
(2) For all members of the Administrative Board within the meaning of Section 5 (1) of the Act, a deputy shall be named in the event of their prevention. With regard to the proposal and the appointment of the substitutes, paragraph 1 and section 5 (2) and (3) of the Act shall apply accordingly. Unofficial table of contents

§ 5 Right of information and the administrative board's obligation to provide information

(1) In order to fulfil the tasks of the Administrative Board pursuant to Section 6 of the Act, the Administrative Board shall be entitled to be informed by the President about the activities of the institution. To this extent, he is entitled to receive information and to be consulted by the President. (2) The Federal Ministry may require the Administrative Board to provide him with information about his activities at any time and without restriction and to request all of his required documents and records. Unofficial table of contents

§ 6 Representation of the Administrative Board

The Board of Directors shall be represented by the Chairperson and, in the event of its prevention, by his Deputy Unofficial table of contents

Section 7 Meetings of the Administrative Board

(1) The Administrative Board shall meet, as appropriate, at least once a year. Meetings shall not be open to the public. (2) The meetings of the Management Board shall be convened by the Chairman or in the event of his or her prevention by his deputy. The Board of Directors is to be convened if the Federal Ministry or at least seven members of the Administrative Board or the President apply for it. The President shall have the right to attend the meetings. (3) The chairs of the Advisory Councils may participate in the meetings. Other persons may be consulted at the meetings if their participation is relevant. (4) The Board of Directors is quorum if at least 15 members are present. (5) Decisions of the Administrative Board require the simple majority of the votes cast. In the event of a tied vote, the Chairman's vote shall be the exception. (6) A member of the Board of Directors may not participate in the deliberation or vote on his own merit. (7) The members of the Board of Directors receive travel expenses compensation. According to the guidelines of the Federal Ministry of Finance on the severance of the members of advisory boards, committees, commissions and similar bodies in the federal government of 9 November 1981 (GMBl. 515), as last amended by the circular of the Federal Ministry of Finance of 19 March 1997 (GMBl. 172). Session remuneration is not granted. (8) The rules of procedure shall be laid down in more detail. Unofficial table of contents

§ 8 Written procedure

A decision by the Administrative Board in the written procedure shall be admissible. The Rules of Procedure shall be laid down in

Third Section
Advisory Councils

Unofficial table of contents

§ 9 Establishment and composition of technical advisory councils

(1) The Board of Directors decides on the setting up and the maintenance-related division of technical councils. (2) The composition and number of members of the technical advisory councils shall be provided by the Board of Directors for each of the members in accordance with the provisions of Section 7 (1) sentence 2 of the Act. Department set separately. Section 4 (2) shall apply accordingly. (3) The Federal Ministry and the Supreme State Authorities for Food, Agriculture and Forestry shall send representatives to the relevant Advisory Board. The number of representatives of the supreme state authorities shall not exceed three. Representatives of the Federal Ministry of the Interior shall not vote. (4) The Advisory Board shall elect the Chairman and his deputy from among its members by a majority of its members. Unofficial table of contents

Section 10 Tasks of the specialised advisory councils

(1) The Advisory Councils shall advise the President and the Administrative Board directly on matters relating to the respective product range. (2) The Advisory Councils shall in particular the respective market situation and their development tendencies with a view to the forthcoming market-relevant questions. They may submit proposals to the President and the Administrative Board on matters related to agricultural markets. To this extent, the Advisory Board is entitled to provide information and to be consulted. The relevant expert advisory board will be consulted on measures to improve the market flows (Section 2 (1) (5) of the Law). (3) The Advisory Councils have the Management Board on their activities, in particular on statements and statements, that they have directly submitted to the President, to be informed. Unofficial table of contents

Section 11 Meetings of technical advisory councils

(1) The specialised advisory councils shall meet as required. Their meetings are not open to the public. (2) The meetings of the advisory councils are convened by the chairman. The Advisory Board shall be convened if at least a quarter of the members of the Advisory Board, the Board of Directors or the President shall apply for it. The President or a representative of the institution designated for this purpose shall have the right to participate in the meetings. Other persons are added to the meetings if the Federal Ministry or the President wishes it or the Chairman considers their participation to be relevant. (3) A member of a Advisory Board may attend the meeting or vote in do not take part. The Rules of Procedure are laid down in the Rules of Procedure, in particular with regard to the quorum and voting. (4) No travel expenses and meetings are granted for participation in the meetings.

Fourth Section
Economic governance

Unofficial table of contents

Section 12 Administrative budget, financial management

(1) The financial year of the institution shall be the calendar year. (2) The Federal Ministry shall determine the date for the preparation and presentation of the budget. (3) The provisions of the Federal budget order and the implementing rules adopted for this purpose. The books shall be established and guided in accordance with the principles of the management accounts. Payments in the administrative area must be made via the Bundeskasse, which is responsible for the seat of the institution. (4) Within three months of the end of the financial year, the President, in the appropriate application of the accounting provisions of the Federal government to draw up an annual statement of the actual revenue and expenditure to be submitted to the Federal Ministry for the granting of discharge. Unofficial table of contents

Section 13 Economic plan, economic management

(1) The financial year of the institution is the calendar year. (2) The economic plan is a success plan. It is to be established according to the principles of the federal budget order. (3) The Federal Ministry shall determine the date for the preparation and presentation of the economic plan. (4) The rules of the Federal budget order and the implementing rules adopted for this purpose. The books must be set up and carried out in accordance with the principles of regular accounting. (5) Measures of fundamental or significant financial importance, as well as the entry of undertakings for which no authorisation is given in the economic plan. require the consent of the Federal Ministry. (6) The Federal Ministry must be submitted by the President:
a)
on 1 February, a reference to the funds actually used in the last financial year,
b)
the balance sheet, the profit and loss account as well as the annual report for the past financial year as of 1 July.
Unofficial table of contents

Section 14 borrowing

The procedure for the use of loans by the institution (Section 10 (4) and (5) of the Act) is governed by the decree of the Federal Ministry of Finance in agreement with the Federal Ministry of Finance.

Fifth Section
Transitional provisions

Unofficial table of contents

Section 15 Transitional arrangements

For the duration of the transitional period pursuant to Section 15 (1) of the Act, the President, the Vice-President and the Permanent Representatives shall take the functions of the Head of Division true. Exceptions are determined by the Federal Ministry by decree.