Brandy Monopoly Regulation

Original Language Title: Branntweinmonopolverordnung

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Branntweinmonopolverordnung (BrMV)

unofficial table of contents


date of departure: 20.02.1998

full quote:

" Branntweinmonopolverordnung vom 20. February 1998 (BGBl. 383), as last amended by Article 6 of the Law of 25. July 2013 (BGBl. I p. 2722) "

:Last modified by Art. 6 G v. 25.7.2013 I 2722

For details, see the Notes


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menu in the menu under Notes
name="BJNR038300998BJNE000100305 " />Non-Official Table of Contents

Input Formula

Based on Section 178 of the Act on Branntweinmonopol in the Bundesgesetzblatt (Part III), Division number 612-7, published in conjunction with Article 129 of the Basic Law and pursuant to Article 25a (3) of the Law on the Alcohol Monopoly, which is established by Article 3 (1) (1) of the Law of 12. July 1996 (BGBl. 962), the Federal Ministry of Finance, in agreement with the Federal Ministry of Food, Agriculture and Forestry, arranges: unofficial table of contents

§ 1 operating year

The operating year includes the period of 1. October 30, 2015 September of the following year. The same is true for the fiscal year of the Federal monopoly administration. Unofficial Table Of Contents

§ 2 BranntweinException Money

(1) The BranntweinAccepted Money is pure for the quantity contained in the Branntwein Alcohol.(2) The Federal monopoly administration is authorized to waive all or part of the recovery of unpaid socalled revenue or the setting of deductions in accordance with § § 73 and 74 of the Act if the recovery or the repayment of the To fix the deductions according to the situation of the individual case would be uninexpensive. It is also authorized to dispense with the fixing of deductions pursuant to section 72b (3) of the Law if the owner of the distillery sets out that the cost savings arising from the joint use of staff or the joint use of It is clear that there are no operational parts or facilities. unofficial table of contents

§ 2a (omitted)

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§ 3 (omitted)

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§ 4 Federal monopoly administration

The federal monopoly administration is authorized to to adopt, within the limits of its competence, administrative provisions concerning the interpretation and application of the law. Non-official table of contents

§ 5 Official oversight, removals

(1) The Federal monopoly administration is responsible for the supervision in the their bill of cleaning, warehouses and other establishments in which spirits are stored, processed or delivered (monopolies), as well as the collection and management of monopoly revenues. The participation of the customs administration shall remain unaffected.(2) The more detailed provisions on the supervision of establishments producing, acquiring, possning, possing or disposing of any equipment suitable for the manufacture or cleaning of spirits, shall contain the distillery order; the more detailed provisions on the supervision of establishments which process, store or distribute spirits, shall contain the Regulation on the Control of Brands.(3) Branntwein shall be allowed to produce all customs offices to which this power is granted in accordance with the office of the customs administration.(4) The time of handling shall be determined in advance, after consultation of the farmer, in accordance with the need. For official reasons or at the request of the holder, the fixed handling period may be laid down. If, or if the farmer is unable to make the check-in at the appointed time, he must request the transfer in time for the handling officers and, where appropriate, the Federal monopoly administration to be notified in good time. . Non-official table of contents

§ 6 Obligations of the farmer

(1) The farmer is required to prepare the official acts in the holding and , to provide the necessary equipment in a suitable condition, weighing and measuring equipment, as well as lockable rooms and containers, free of charge, for the necessary materials and for the denaturation of spirits. At the request of the owner of the distillery, the main customs office, in particular in the event of a change in raw material and in the event of a final take-off, may determine the amount of alcohol to be fixed on a vehicle balance by leasing and full weighing of the road transport vehicle. outside the distillery under official supervision. In this case, the spirits shall be deemed to be still in the distillery until the official alcohol quantity has been established.(2) It shall keep the official books and documents which are to be held in or out of the establishment carefully and shall always keep the officials responsible for the supervision of the tax authority accessible. Non-official table of contents

§ 7 Official closures

(1) The official closures are made by applying customs locks, seals or seals causes. To the extent that it is not prescribed by the order of the distillery or ordered by the Federal monopoly office, the main customs office determines the type of closure agent to be used and the number of locks to be applied, seals or seals.(2) The customs office shall provide the customs administration for the application of the official closure. Unless exceptions are provided for, the parties concerned shall bear the costs of the purchase and maintenance of the customs locks. Customs locks, which have become redundant in the long term, are withdrawn by the customs administration without the cost of the acquisition being reimbursed.(3) Plomben as well as cord or wire for the application of official occlusions shall be delivered free of charge by the customs administration. The objects required for the installation of seals shall be supplied by the farmer.(4) The closure of such spaces, means of transport and containers which are manufactured in accordance with the customs regulations in force in accordance with the customs regulations in force and the closure of external envelopes (for example, superficions, Crates, baskets), in which barrels, bottles and cribs are packed.(5) Official closures may, in principle, be resolved only by an official. If the solution of closures is unavoidable in order to prevent an urgent danger or significant damage, and if an official is not in place, the farmer shall be allowed to solve the closures independently. However, it shall, as far as possible, draw up a witness and, in addition, notify the customs office immediately. Non-official table of contents

§ 8 Enforcement of the law

Starting from the 2006/07 operating year, the firing rights are adjusted as follows:
from BrennRights for the production of grain from grain, burning rights for the production of Spirits from cereals;
for the manufacture of spirits from potatoes and other cereals, as excluding grain, shall be used for the production of fire-fighting Production of brandy from potatoes and cereals.
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§ 8a (omitted)

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§ 9 Monopoles

Monopole is liable to whom duties are imposed by the monopoly law. This does not include
the employees of the liquidation site of the Bundesmonopolverwaltung,
the officers in accordance with § § 17 and 19 of the Law
on the performance of these duties. Non-official table of contents

§ 10 benefits

(1) The statutory benefits are only available on request, revocable and only then , if there is a need and the applicant has the confidence of the competent administration. Special security measures may be taken in the case of the authorization.(2) Unless otherwise specified in individual cases, the authority responsible for the granting of the benefit shall be the authority responsible for revocation of the concession.(3) The benefits granted to the holder of a holding subject to official supervision with regard to the establishment or management of the holding shall be applied to the successor in the event of a change in the holder's rights. Non-official table of contents

§ 11 Distillery Regulations

The Brennereiordnung (Appendix 1 to the Basic Regulations on the Branntweinmonopol Act) in the revised version published in the Bundesgesetzblatt, Part III, Section 1, Annex 1, to 612-7-1, as last amended by Article 1 of the Regulation of 28 June 1991. February 1997 (BGBl. 427), the heading "Brennereiordnung (Annex to the Branntweinmonopolverordnung)" is applicable as an annex to this Regulation. Non-official table of contents

§ 12 Entry into force, expiry

This regulation will enter into force on the day after the announcement. unofficial table of contents

Appendix to the Brennereiordnung (Branntweinmonopolverordnung)

(text see: BrennO 1998)


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