Advanced Search

Branntweinmonopolverordnung

Original Language Title: Branntweinmonopolverordnung

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Branntweinmonopolverordnung (BrMV)

Unofficial table of contents

BrMV

Date of completion: 20.02.1998

Full quote:

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

Status: Last amended by Art. 6 G v. 25.7.2013 I 2722

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text: 4.3.1998 + + +) 

Unofficial table of contents

Input formula

Pursuant to § 178 of the Act on the Alcohol Monopoly in the revised version published in the Bundesgesetzblatt Part III, outline number 612-7, in conjunction with Article 129 of the Basic Law and pursuant to Section 25a (3) of the Law on the Branntweinmonopol, which is based on 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, is responsible for: Unofficial table of contents

§ 1 Operating year

The operating year shall cover the period of 1. October to the 30th of September of the following year. The same is true for the fiscal year of the Federal monopoly administration. Unofficial table of contents

§ 2 Branntweinüberrevenue money

(1) The transfer of spirits shall be fixed for the quantity of pure alcohol contained in the wine industry. (2) The Federal monopoly administration is authorized to recover funds transferred to the recovery or to the fixing of deductions. to waive all or part of the law in accordance with § § 73 and 74 of the Act if the recovery or the fixing of the deductions according to the situation of the individual case would be incontecious. 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 is no evidence of operating parts or equipment. Unofficial table of contents

§ 2a (omitted)

- Unofficial table of contents

§ 3 (omitted)

- Unofficial table of contents

§ 4 Federal monopoly administration

The Federal monopoly administration is empowered, within the limits of its competence, to adopt administrative provisions concerning the interpretation and application of the law. Unofficial table of contents

§ 5 Official supervision, removals

(1) The Federal monopoly administration shall be responsible for the supervision of the cleaners, warehouses and other establishments in which the wine is stored, processed or delivered (monopoly establishments), as well as the cleaning agents operated by it themselves or for their account (monopolies); 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 or producing spirits or other equipment suitable for the manufacture or cleaning of wine spirits shall be subject to the following conditions: (3) Branntwein shall be entitled to charge all customs offices, and shall contain or distribute the provisions relating to the supervision of establishments which process, store or distribute the spirits. (3) , to which this power shall be granted in accordance with the list of services of the (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 set-off period may be postponed. If the farmer does not wish to, or may not, be able to make the check-in at the fixed time, he shall request the transfer in such a time that the handling officers and, where appropriate, the Federal monopoly administration shall be notified in good time can be. Unofficial table of contents

§ 6 Duties of the holder

(1) The farmer is obliged to prepare and support official acts during the holding, the material required and the means necessary for the denying of spirits, in a suitable condition, weighing and measuring equipment as well as sealable to make rooms and containers free of charge. 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 are considered to be still in the distillery until the official production of alcohol is completed. (2) He has carefully selected the official books and documents which are to be held in the establishments or which have been located there. and to keep the public officials responsible for tax supervision accessible. Unofficial table of contents

§ 7 Official closures

(1) The official closures shall be effected by the application of customs locks, seals or seals. 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 shall determine the type of closure means to be used and the number of locks, seals or seals to be applied. (2) The customs locks shall be used for the purpose of The customs administration shall be provided by 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 a cord or wire for the application of official occlusions shall be withdrawn from the customs office. Customs administration delivered free of charge. 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 shall comply with the customs regulations in force shall be deemed to be a room closure. (5) Official closures may, in principle, be solved 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, he shall, as far as possible, draw a witness and, in addition, notify the customs office immediately. Unofficial table of contents

§ 8 Burning Rights

From the operating year 2006/2007, the burning rights will be adjusted as follows:
1.
Firepower for the production of spirits from grain shall be used for the manufacture of spirits from grain;
2.
Fire-fighting rights for the production of spirits from potatoes and other cereals, other than grain, shall be used for the production of spirits from potatoes and cereals.
Unofficial table of contents

§ 8a (omitted)

- Unofficial table of contents

§ 9 Monopoly

It is more monopolistic to whom obligations are imposed by the monopoly law. This does not include:
1.
the employees of the Office of the Federal Office of the Bundesmonopolverwaltung,
2.
(dropped)
3.
the officers in accordance with § § 17 and 19 of the Act
in the performance of these duties. Unofficial table of contents

§ 10 advantages

(1) The statutory benefits shall be granted only on request, revocable and only if there is a need and the applicant has the confidence of the competent administration. In the case of the authorization, special security measures may be arranged. (2) Unless otherwise specified in individual cases, the authority responsible for revocation of the benefit is the authority which has approved it. (3) Advantages which the holder has in the case of a holding which is subject to official supervision in respect of the establishment or the management of the holding, the holder shall pass on to the successor in the case of a change of the holder. Unofficial table of contents

§ 11 Rules of the Brennereiordnung

The distillery order (Appendix 1 to the basic provisions of the Law on the Spirits Monopoly) 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 February 1997 (BGBl. 427), the heading "Brennereiordnung (Annex to the Branntweinmonopolverordnung)" is applicable as an annex to this Regulation. Unofficial table of contents

§ 12 Entry into force, external force

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

Annex Brennereiordnung (Annex to the Branntweinmonopolverordnung)

(Text see: BrennO 1998)

Footnote

(+ + + see § 11 + + +)