Regulation on price listing, pricing and price survey for milk products

Unofficial table of contents

Butt/KäseuaPrV

Date of completion: 27.11.1997

Full quote:

" Regulation on price listing, pricing and price survey for dairy products as amended by the Notice of 3 June 2011 (BGBl. I p. 1020) "

Status:

New by Bek. v. 3.6.2011 I 1020

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 6.12.1997 + + +) 

  

Heading: IdF d. Art. 1 No. 1 V v. 3.6.2011 I 1018 mWv 17.6.2011 Unofficial table of contents

§ 1 Definitions

(1) For the purposes of this Regulation:

1.

Butter: branded butter in accordance with the butter regulation,

2.

Cheese: cheese in the sense of the cheese order;

3.

other milk products: milk products within the meaning of the Milk Products Regulation, unless otherwise expressly provided for in this Regulation.

(2) For the purposes of this Regulation,

1.

Manufacturer: Companies producing butter, cheese or other dairy products and supplying them directly to sales centres, distributors, processors or packers,

2.

sales centres: companies that supply butter, cheese or other milk products directly to other outlets, distributors, processors or packers instead of producers,

3.

Traders: companies supplying butter, cheese or other milk products to their own branches or branches or to resellers, processors, packers, industrial users or large consumers, without being a manufacturer or a sales centre.

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§ 2 Formation of emergency commissions

(1) For the purpose of determining prices and the market history (listing), the following areas of countries belonging to the territory concerned may be constituted by the listing commissions with the necessary facilities (emergency services):

1.

for the territory of the countries of Baden-Württemberg, Bavaria and Saxony; and

2.

for the territory of the other countries.

An emergency commission shall be established if so many countries of a territory referred to in paragraph 1 participate in the formation of the relevant emergency commission that at least 75 per cent of the quantity of the territory produced in the territory is to be established. (2a) The countries in which the listing commissions have their registered office may, in agreement with the other countries, agree to the fact that: The listing commission shall carry out the listing for the two territories referred to in Abatz 1. (3) Each The Noting Commission shall adopt its rules of procedure which require the authorisation of the country's competent authority in the country in which the Noting Commission is established (competent authority). To this end, the Commission shall reach agreement with the competent authorities of the countries participating in the agreement referred to in paragraphs 2 and 2a (authorities concerned). (4) The countries concerned shall regulate the financing under the Memorandum of Understanding under the terms of the Paragraphs 2 and 2a.

Footnote

Section 2 (2a) italic printing: should be the right "paragraph" Unofficial table of contents

§ 3 Composition of the Noting Commissions

(1) Each Noting Commission shall consist of a chairman and at least six and at most 14 members, each of which shall represent half the representatives of the dealers and of processors and packers (buyers) and representatives of manufacturers and sales centres. (seller) must be. The competent authority shall, in agreement with the authorities concerned, determine the number of members. (2) The members shall be active in the dairy sector or in the specialist trade. They shall be appointed by the competent authority for a period of at least one calendar year and not more than three calendar years. Before placing the order, the associations of buyers and sellers represented in the participating countries should be heard. (3) The chairman is to be familiar with the dairy industry and the specialist trade through professional activity, but not the buyer or the buyer. Be salesman. It shall be elected by the members for a period of at least one calendar year and a maximum of three calendar years by a simple majority and shall be appointed by the competent authority. In the event of a tie, the election shall be repeated. (4) At least one, no more than three deputies, shall be appointed for the chairman and each member. Paragraphs 2 and 3 shall apply accordingly. (5) The exercise of the Presidency or membership of the Noting Commission shall be voluntary. At the beginning of the activity, the volunteers are to be particularly committed to conscientious exercise and secrecy. The national regulations corresponding to § § 84 to 86 of the Administrative Procedure Act are to be applied. Unofficial table of contents

§ 4 Meetings, decisions and minutes

Each emergency commission shall record prices after a debate which may be orally or remotely orally. The prices of milk products listed in Annex I in Germany shall be listed on Wednesday of each week for the previous calendar week. An emergency date can be omitted if the Wednesday falls on a public holiday. It can be brought forward to the previous day when the Wednesday falls on a regional holiday. A date of notification in the last week of the year may be omitted. (2) The meetings of the Noting Commission are not public; guests may be allowed to attend. Representatives of the Federal Ministry of Food, Agriculture and Consumer Protection, the Federal Ministry of Economics and Technology, and the competent national authorities of the participating countries or the authorities designated by these authorities may be present at any time at the meeting. The representative shall be given the floor, on request, to give access to the listing documents and to provide information. (3) A Commission shall be validly quorum if the Chairman and at least half of the members of the groups of the Buyers and the seller are present. The decisions will be taken with a simple majority of votes. The Chairman shall not have the right to vote. (4) In the event of a tie, the Chairman shall decide by supporting an application submitted. (5) A minutes shall be made on each meeting, which shall at least be the names of the persons present and the Decisions taken with the respective voting relationship. Unofficial table of contents

§ 5 Content and publication of the listing

(1) The Noting Commission shall, on the basis of voluntary price reports by the buyer and seller, determine the prices and market trends in accordance with paragraphs 2 and 3 and shall immediately be deemed to be the official price quotation of the Noting Commission. for ... "to be published in ..." and to be notified to the Federal Institute for Agriculture and Food. (2) The net prices are to be recorded from the factory of the manufacturer of the milk products referred to in Appendix I, manufactured in Germany. A listing of the prices of the milk products of other origin and other milk products listed in Annex I may be laid down in the Rules of Procedure. (3) The Noting Commission shall establish for each milk product to be notified

1.

the quantities sold, staggered by price,

2.

the weighted average price of the transactions reported,

3.

the price limits of the individual prices for which reports are based on the minimum fixed quantity, with the total quantity declared capped at 15 per cent of the quantities with the highest and lowest prices,

4.

the listing, the price range of which must be within the reported individual prices and must, in principle, include the weighted average price, and

5.

the description of the current market trend, taking into account the prices of transactions that have become known up to the emergency meeting.

(4) A listing shall be made if there are at least three notifications of a total quantity of at least 10 tonnes per product. Unofficial table of contents

§ 6 Representative Pricing

(1) For the milk products referred to in Appendix II and manufactured in Germany, the listing facilities shall have a representative identification of the net prices ex works of the manufacturer on the basis of voluntary price reports from the seller , The prices are to be determined on Wednesday of each week for the previous calendar week. § 2 (2a) and § 4 (1) sentences 2 to 5 shall apply accordingly. The representative price shall be determined by reference to representatives of purchasers and sellers after a debate which may be orally or remotely orally. Each notifying body shall adopt its rules of procedure, which shall require the approval of the competent authority. (3) The results of the representative price calculation shall be marked as such. (4) The notating institutions shall have the prices referred to in paragraphs 1 to 3. , to publish immediately as "representative prices of the Noting Facility for ... in ..." and to inform the Federal Agency for Agriculture and Food with the quantities on which it is based. Unofficial table of contents

§ 6a Representative price survey

(1) Noting facilities shall, on the basis of representative and voluntary declarations, collect the quantities sold and the net prices ex works of the manufacturer of the products referred to in Appendix III, manufactured in Germany Milk products. The surveys will be carried out up to 10. Day of each month for the previous calendar month. The noting devices determine the weighted average price. Section 2 (2a) shall apply accordingly. In accordance with the Rules of Procedure, Section 6 (1), sentences 5 and 6 shall apply. (2) The results of the price survey shall be marked as such and shall be immediately communicated to the Federal Agency for Agriculture and Food with the quantities on which it is based. Unofficial table of contents

Section 7 Pricing for the Federal Republic of Germany

The Federal Agency for Agriculture and Food, on the basis of the information provided by the Noting Commissions pursuant to § 5 (1) and § 6 (4) and § 6a (2), shall determine the prices for the whole of the Federal territory. Unofficial table of contents

§ 8 Secrecy

The persons involved in the elaboration of the price listing shall be obliged to maintain secrecy and to maintain confidentiality in the course of their activities, by means of institutions and business relationships, and by the communication or recovery of the information. of business and business secrets. As far as they are not civil servants, they are according to the Commitment Act of 2 March 1974 (BGBl. 469, 547), to the conscientious fulfilment of their obligations. Unofficial table of contents

Section 9 Recording and retention obligations

Notifying companies shall keep the records required for the notifications in accordance with § 5 and keep them for three years. Longer retention periods in accordance with other regulations shall remain unaffected. Unofficial table of contents

§ 10 (Entry into force, expiry of the external force)

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Annex I (to § 4 (1) sentence 2)
List for official price quotations of regional listing commissions

(Fundstelle: BGBl. I 2011, 1024)

1.

Brand butter

-

moulded in aluminium foil, 250 g

-

Loose in 25 kg blocks

2.

Cheese

-

Gouda (two months old) 45% and 48% fat i. Tr.

-

Edamer 40% fat i. Tr.

-

Emmental 45% fat i. Tr.

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Annex II (to section 6 (1) sentence 1)
List of representative pricing of ZMP

(Fundstelle: BGBl. I 2011, 1024)

1.

Skimmed milk powder, food and feed quality

2.

Whole milk powder

3.

Whey powder

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Annex III (to § 6a (1) sentence 1)

(Fundstelle: BGBl. I 2011, 1024)

1.

Cheese

-

Magerquark

-

Mozzarella 40% and 45% fat i. Tr.

2.

Casein