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Regulation on the costs of the Federal Office of Consumer Protection and Food Safety and the Julius Kühn Institute in the Plant Protection Sector

Original Language Title: Verordnung über die Kosten des Bundesamtes für Verbraucherschutz und Lebensmittelsicherheit und des Julius Kühn-Instituts im Pflanzenschutzbereich

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Ordinance on the costs of the Federal Office of Consumer Protection and Food Safety and the Julius Kühn Institute in the Plant Protection Sector (Plant Protection Fee Regulation)

Unofficial table of contents

PflSchGebV

Date of completion: 22.10.2013

Full quote:

" Plant protection fee regulation of 22. October 2013 (BGBl. I p. 3872) "

Footnote

(+ + + Text evidence from: 31.10.2013 + + +) 

Unofficial table of contents

Input formula

On the basis of § 56 (3) of the Plant Protection Act of 6 February 2012 (BGBl. 148, 1281) in conjunction with Section 23 (2) of the Federal Law on Fees of 7 August 2013 (BGBl. 3154), of which Article 56 (3) of the Plant Protection Act is based on Article 2 (111) (3) (d) of the Law of 7 August 2013 (BGBl. 3154), the Federal Ministry of Food, Agriculture and Consumer Protection, in agreement with the Federal Ministry of Finance, the Federal Ministry of Economics and Technology, and the Federal Ministry for Economic Affairs and Technology, has been amended. Environment, nature conservation and reactor safety: Unofficial table of contents

§ 1 Collection of fees and charges

According to the Plant Protection Act, the Federal Office for Consumer Protection and Food Safety and the Julius Kühn Institute collect fees and outlays under this Regulation for their respective individually attributable public services under the Plant Protection Act. In addition, the Federal Office of Consumer Protection and Food Safety charges fees and charges under this Regulation for the following activities:
1.
for its public services, which are individually attributable, in accordance with direct legal acts of the European Community or of the European Union, within the scope of the Plant Protection Act, and
2.
for the activities referred to in Articles 7, 15, 22 and 25 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 June 2009, On the marketing of plant protection products on the market and repealing Council Directives 79 /117/EEC and 91 /414/EEC (OJ No L 73, 27.3.1979, p. OJ L 309, 24.11.2009, p. 1).
Unofficial table of contents

§ 2 Calculation of fees

(1) The chargeable event and the amount of the fees shall be the result of the applicable fee list. (2) If there are framework rates, the fees shall be fixed on a case-by-case basis in addition to those laid down in Article 23 (4) of the Federal Fees Act in conjunction with Section 9 (1) of the Administrative Cost Act of 23 June 1970 (BGBl. 821) to take account of the benefits of the plant protection product or plant protection product for the general public in the circumstances in force up to 14 August 2013. (3) Requives an official act or a rapporteur In the case of an activity referred to in Article 1 (2), an exceptional effort in individual cases, the fee calculated in accordance with paragraphs 1 and 2 may be up to 50% of the sum of the hundreds of the charges listed in the list of fees charged to the charge concerned. Maximum amount shall be increased. The fee debtor shall be heard if such an increase is to be expected. Unofficial table of contents

§ 3 Deposits

The expenses levied by debtor and outsourcing debtors are included in § 23 (6) of the Federal Law on Fees in conjunction with § 10 of the Administrative Covenants Act of 23 June 1970 (BGBl. 821) in the version in force up to 14 August 2013, in addition to the expenses incurred in connection with the
1.
Authorisation or authorisation of plant protection products:
a)
expenses for the lease of trial areas and the purchase of plants,
b)
Expenditure on soil decontamination,
c)
Expenditure on the use of plant protection equipment,
d)
charges for the compensation of any reduction in income, or of non-or invaluable income on the trial premises;
e)
expenses for the disposal or compensation of plant, soil and other property damage,
f)
Expenditure on consumables,
g)
Expenses for the procurement and disposal of samples,
2.
Testing and evaluation of plant protection products for
a)
Expenditure on the procurement of additional documents or information in the Member State reimbursing the report,
b)
charges for the disposal of exonerable, unsolicited copies of documents,
c)
Expenditure on consumables,
3.
Testing of plant protection equipment:
a)
tests which will become necessary after the start of the test,
b)
Expenditure on operating materials,
c)
Expenditure on the use of plant protection products and excipients,
d)
charges for the use of aircraft, as well as special equipment and machinery;
e)
Expenditure incurred in the manufacture of testing capacity.
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§ 4 Reduction and exemption of fees and charges

(1) The fees calculated in accordance with § § 1 and 2 shall be reduced up to a quarter of the calculated fee at the request of the fees and outsourcing debtors, if the authorization or extension of the authorisation of the plant protection product, the Inclusion of the active substance in the approved active substances Regulation referred to in Article 13 (4) of Regulation (EC) No 1107/2009, or the authorisation of the use of the plant protection product on land intended for the general public, public interest and a reasonable economic benefit in the sense of the (2) The collection of fees and expenses may, at the request of the debtor and outsourcing debtor, be wholly or partly subject to the application of the authorisation or extension of the authorisation of the Plant protection products, the inclusion of the active substance in the approved active substances Regulation referred to in Article 13 (4), in conjunction with Article 78 (3) of Regulation (EC) No 1107/2009, or the authorisation of the use of the plant protection product there is a public interest in areas intended for the general public, and (3) A public interest within the meaning of paragraphs 1 and 2 of the authorisation or extension of the authorisation of the plant protection product, which shall be: The approval of an active substance in accordance with Regulation (EC) No 1107/2009 or the authorisation of the use of the plant protection product on land intended for the general public shall be adopted in particular where the plant protection product or the plant protection product is intended to be used for the purposes of Active substance
1.
necessary for the closure of control gaps,
2.
is suitable for use in organic farming,
3.
necessary for the control of a harmful organism on an area intended for the general public, in order to allow for further public use of the area or for the conservation of valuable plant or plant resources; or
4.
is an active substance or a low-risk plant protection product within the meaning of Article 22 or Article 47 of Regulation (EC) No 1107/2009.
(4) In the assessment of the economic benefits referred to in paragraphs 1 and 2 above, the extent of the crop concerned, the risk potential of a sheep's regimen, the probability of the occurrence of the harmful organism and of the (5) In the case of the granting of an authorisation pursuant to Article 53 of Regulation (EC) No 1107/2009, it may, on request, be subject to the imposition of a fee and of the costs of the application. if their survey would be uncheap. Unofficial table of contents

§ 5 Transitional arrangements

(1) The Federal Office for Consumer Protection and Food Safety charges fees and charges under the Plant Protection Products Fee Ordinance in the version of the Notice dated 9 March 2005 (BGBl. 744), as last amended by Article 2 of the Regulation of 19 March 2009 (BGBl I). 648),
1.
for applications for authorisation or authorisation of plant protection products, which have been fully received before 14 June 2011,
2.
for applications pursuant to Section 11 (2), first sentence, point 3, section 31a and § 31c of the Plant Protection Act, as amended by the Notice of 14 May 1998 (BGBl. 971, 1527, 3512), as last amended by Article 4 of the Law of 2 November 2011 (BGBl I). 2162), which have been fully received by 13 February 2012,
3.
for applications for the provisional authorisation of a plant protection product according to § 15c of the Plant Protection Act, as amended by the Notice of 14 May 1998 (BGBl. 971, 1527, 3512), as last amended by Article 4 of the Law of 2 November 2011 (BGBl I). 2162), which is up to 31. The report was fully received in October 2013,
4.
for official acts pursuant to § 15d of the Plant Protection Act, as amended by the Notice of 14 May 1998 (BGBl. 971, 1527, 3512), as last amended by Article 4 of the Law of 2 November 2011 (BGBl I). 2162), which have been completed by 13 February 2012.
(2) The Federal Office for Consumer Protection and Food Safety charges fees and expenses pursuant to the Regulation on the costs of the authorisation and authorisation of plant protection products of 7 July 2011 (BGBl. 1358) for applications for authorisation or authorisation of plant protection products, including for the decision on the approval or permit application of the necessary tests, which will take place in the period from 14 June 2011 to 31 December 2011. The European Parliament and the Council of Ministers of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of 19 June 2009 on the October 2013. (3) For applications in accordance with § § 17 and 18 of the Plant Protection Act of 6 February 2012 (BGBl. 148, 1281), for the display of tests pursuant to § 20 (3) of the Plant Protection Act, for applications pursuant to section 29 (1) (2) of the Plant Protection Act, for notifications pursuant to § § 30 and 45 of the Plant Protection Act, for applications pursuant to § 42 (3) (1) (2) (1) (2)) 2 as well as for individually attributable services in accordance with § 45 (4) and (5) of the Plant Protection Act, for applications for the approval of the intra-Community introduction of plant protection products for the personal use according to § 51 of the Plant Protection Act, in front of the 31. The Federal Office for Consumer Protection and Food Safety charges fees in accordance with this Regulation, insofar as a cost decision has been expressly reserved for the application of the application. (4) The Julius Kühn-Institut charges fees and charges in accordance with the Plant Protection Products-Fees Regulation as amended by the Notice of 9 March 2005 (BGBl. 744), as last amended by Article 2 of the Regulation of 19 March 2009 (BGBl I). 648), for applications for the testing of plant protection products, which have been fully received before 14 February 2012. Unofficial table of contents

Section 6 Repeal of provisions

(1) The Plant Protection Products-Fees Regulation as amended by the Notice of 9 March 2005 (BGBl. 744), as last amended by Article 2 of the Regulation of 19 March 2009 (BGBl I). The Regulation on the Costs of Approval and Authorisation of Plant Protection Products of 7 July 2011 (BGBl.) has been amended. I p. 1358) is repealed. Unofficial table of contents

Section 7 Entry into force

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

Annex (to § 2 (1))
Charge directory

(Fundstelle: BGBl. I 2013, 3875-3881)
Authorisation of a plant protection product, provided that it contains only active substances,
the active substances already approved in the Regulation referred to in Article 13 (4) of the
Regulation (EC) No 1107/2009, which is a Member State which is a Member State

Fees- Number charge charge charge in euro
1100 First-time approval
1101 If the plant protection product is not covered by the fee numbers 1102 to 1107 25 000
up to 129 100
1102 In the case of wound closure agents, repellents or agents for use in ornamental plants in interiors intended for the habitual residence of human beings, insofar as they are not used in gardening, as well as on balconies and terraces. 12 300
up to 55 200
1103 In the case of funds against rodents 21 300
up to 100 000
1104 In the case of agents against pests 24 900
up to 113 700
1105 In the case of mordants 27 600
up to 128 400
1106 In the case of germination inhibitors 24 600
to 112 500
1107 In the case of low-risk plant protection products in accordance with Article 47 of Regulation (EC) No 1107/2009 9 500
to 44 300
1200 Renewal of an authorisation
1201 Unless it is covered by the fee number 1202 13 400
up to 60 200
1202 In the case of low-risk plant protection products in accordance with Article 47 of Regulation (EC) No 1107/2009 6 700
up to 30 100
Authorisation of a plant protection product, provided that it contains only active substances,
the active substances already approved in the Regulation referred to in Article 13 (4) of the
Regulation (EC) No 1107/2009, and Germany is a Member State

Fees- Number charge charge charge in euro
1300 First-time approval
1301 If it is not covered by the fee number 1302 14 800
up to 53 200
1302 In the case of low-risk plant protection products in accordance with Article 47 of Regulation (EC) No 1107/2009 7 400
up to 26 800
1400 Renewal of an authorisation
1401 Unless it is collected by the fee number 1402 10 400
to 37 100
1402 In the case of low-risk plant protection products in accordance with Article 47 of Regulation (EC) No 1107/2009 5 200
up to 18 600
Authorisation of a plant protection product, provided that it contains at least one active substance, safener or
Synergistic agents which have not yet been included in the Regulation on approved active substances referred to in Article 13
(4) of Regulation (EC) No 1107/2009, and Germany is a Member State which is a Member State

Fees- Number charge charge charge in euro
2100 First-time approval
2101 If the plant protection product is not covered by the fee numbers 2102 to 2107 28 200
to 163 100
2102 In the case of wound closure agents, repellents or agents for use in ornamental plants in interiors intended for the habitual residence of human beings, insofar as they are not used in gardening, as well as on balconies and terraces. 12 300
up to 55 800
2103 In the case of funds against rodents 21 300
to 98 200
2104 In the case of agents against pests 24 600
up to 110 400
2105 In the case of mordants 26 600
to 118 200
2106 In the case of germination inhibitors 24 900
to 112 100
2107 In the case of low-risk plant protection products in accordance with Article 47 of Regulation (EC) No 1107/2009 12 400
up to 56 100
Authorisation of a plant protection product, provided that:
contains at least one active substance, safener or synergist, which has not yet been
of the Regulation on approved active substances, safeners and synergists referred to in Article 13 (4)
of Regulation (EC) No 1107/2009, and Germany is a Member State

Fees- Number charge charge charge in euro
2200 First-time approval
2201 First-time authorisation, unless it is recorded by fee number 2202 18 500
up to 70 000
2202 First authorisation of low-risk plant protection products in accordance with Article 47 of Regulation (EC) No 1107/2009 7 100
up to 26 000
Authorisation of a plant protection product, provided that it contains at least one active substance which:
Article 80 (1) of Regulation (EC) No 1107/2009 falls and is not yet covered by the Regulation on
, active substances approved in accordance with Article 13 (4) of Regulation (EC) No 1107/2009;
§ 15c PflSchG in the version of the notice of 14 May 1998 (BGBl. 971, 1527, 3512),
Article 4 of the Law of 2 November 2011 (BGBl. 2162).

Fees- Number charge charge charge in euro
2300 First-time approval
2301 First-time authorisation, provided that the plant protection product is not covered by the fee numbers 2302 to 2306 33 400
up to 136 000
2302 First-time approval of wound closure agents, repellents or agents for use in ornamental plants in interiors intended for the habitual residence of humans, insofar as they are not used in the gardening sector, as well as on balconies and Terraces 13 250
up to 53 000
2303 First-time authorisation of funds against rodents 14 700
up to 73 400
2304 First-time authorisation of funds against pests 26 350
up to 114 300
2305 First-time approval of pickling agents 32 470
up to 130 000
2306 First-time authorisation of germ inhibitors 28 450
up to 114 000
Amendments to authorisations
pursuant to Article 44 or 45 of Regulation (EC) No 1107/2009

Fees- Number charge charge charge in euro
3100 Amendment of the authorisation of the Office pursuant to Article 44 of Regulation (EC) No 1107/2009 105
to 430
3200 Amendment of the authorisation referred to in Article 45 of Regulation (EC) No 1107/2009 in the event of the modification of the name of an authorised plant protection product, the change in the holder of the authorisation or the modification of the distribution undertaking or the sales extension 55
up to 290
3300 Amendment of the authorisation referred to in Article 45 of Regulation (EC) No 1107/2009 in the event of a change in the wording or modification of the production of the technical active substance 150
up to 8 100
3400 Amendment of the authorisation referred to in Article 45 of Regulation (EC) No 1107/2009 in the case of the inclusion of additional or amended application areas/applications or application provisions/requirements 500
up to 18 400
Special forms of authorisation/extension
of the scope of an authorisation referred to in Article 51 of Regulation (EC) No 1107/2009

Fees- Number charge charge charge in euro
4100 Mutual recognition in accordance with Article 40 of Regulation (EC) No 1107/2009 on request 6 850
up to 27 850
4101 Mutual recognition of an extension of the authorisation to minor uses referred to in Article 51 (7) of Regulation (EC) No 1107/2009 on request 3 250
up to 16 350
4200 Extension of the scope of authorisations for minor uses referred to in Article 51 (1) of Regulation (EC) No 1107/2009 on request 3 400
up to 24 100
Additional tests carried out in the context of certain authorisations or
Approval procedure is required and not covered by the fee numbers 1100 to 4200


Fees- Number charge charge charge in euro
5100 Verification of compliance with a fixed maximum residue level 2 800
up to 8 400
5200 Examination of a plant protection product containing a genetically modified organism in accordance with Article 48 of Regulation (EC) No 1107/2009 5 300
to 21 200
5300 Examination of a plant protection product containing an active substance authorised as a candidate for substitution in accordance with Article 50 of Regulation (EC) No 1107/2009. 530
up to 2 150
5400 Verification to avoid duplication of tests pursuant to Article 61 of Regulation (EC) No 1107/2009 530
up to 3 200
5500 Equivalence test for active substances, safeners and synergists in accordance with Article 38 of Regulation (EC) No 1107/2009 1400
up to 6 400
5600 Evaluation of a report pursuant to Article 56 of Regulation (EC) No 1107/2009 2 650
up to 10 600
5700 Assessment of the suitability of a plant protection product for use on land intended for the general public in accordance with Article 17 (1), first sentence, point 2 of the PflSchG 330
up to 2 025
5800 Assessment of the suitability of a plant protection product for use with aircraft in accordance with Article 18 (3) (1) of the PflSchG 330
up to 2 025
Authorisation procedure/other procedures

Fees- Number charge charge charge in euro
6100 Authorisation for parallel trade in accordance with Article 52 of Regulation (EC) No 1107/2009 210
up to 2 125
6200 Approval of the placing on the market or authorisation or processing of the indication of the use of an unauthorised plant protection product for experimental purposes in accordance with Article 28 (2) (b) (i). V. m. Article 54 of Regulation (EC) No 1107/2009 and Article 20 (3) sentence 3 of the PflSchG 105
up to 2 125
6300 Authorisation of placing on the market or use of an unauthorised plant protection product in emergency situations referred to in Article 53 of Regulation (EC) No 1107/2009 320
up to 6 450
6400 Issuing certificates for the authorisation of plant protection products for export pursuant to Section 58 (1) (4) of the PflSchG, the authentication of authorisation documents and the production of copies and copies, in so far as these costs relate to the costs of the export of plant protection products. not to be settled in accordance with § 3 10
to 70
6500 Approval of the intra-Community introduction of plant protection products for their own use pursuant to § 51 PflSchG 200
6600 authorisation of placing on the market, intra-Community introduction or use of a plant protection product which is not authorised for use in the case of seizures intended for export, provided that the product is not authorised for export requirements, or the plant protection products in the country of destination are approved for this application; § 29 (1) (2) of the PflSchG 650
up to 10 800
6700 Authorisation to use a plant protection product on land intended for the general public; Article 17 (1), first sentence, point 3 (i). V. m. Paragraph 2 PflSchG 4 100
up to 16 400
6800 Authorisation to use a plant protection product with air traffic control, § 18 (3) (2) (i). V. m. Paragraph 4 PflSchG 4 100
up to 16 400
6900 Equivalence test for active substances, safeners and synergists in accordance with Article 38 (1) of Regulation (EC) No 1107/2009 1 400
up to 6 400
Authorisation of plant protection products, safeners,
Synergists, if Germany is the rapporteur, approval of basic substances

Fees- Number charge charge charge in euro
7100 Processing and evaluation of an application for approval or modification of the approval of an active substance in accordance with Article 7 of Regulation (EC) No 1107/2009 127 400
to 251 600
7200 Processing and evaluation of an application for the renewal of the approval of an active substance in accordance with Article 15 of Regulation (EC) No 1107/2009 63 700
up to 176 100
7300 Processing and evaluation of an application for authorisation of safeners and synergists pursuant to Article 25 of Regulation (EC) No 1107/2009 63 700
up to 176 100
7400 Processing and evaluation of an application for renewal of the authorisation of safeners and synergists 31 850
to 123 300
7500 Application for the authorisation of a basic substance pursuant to Article 23 of Regulation (EC) No 1107/2009 by the Federal Office of Consumer Protection and Food Safety at the Commission, on the initiative of a third party 5 300
to 21 200
Authorisation of plant protection products,
Safeners and synergists, if Germany is co-rapporteur

Fees- Number charge charge charge in euro
8100 Processing and evaluation of an application for authorisation or modification of the approval of an active substance in accordance with Article 7 of Regulation (EC) No 1107/2009 63 700
up to 176 100
8200 Co-processing and evaluation of an application for renewal of the approval of an active substance in accordance with Article 15 of Regulation (EC) No 1107/2009 31 850
to 123 300
8300 Co-processing and evaluation of an application for authorisation of safeners and synergists pursuant to Article 25 of Regulation (EC) No 1107/2009 31 850
up to 140 900
8400 Co-processing and evaluation of an application for renewal of the authorisation of safeners and synergists 15 925
to 98 600
additives and planting agents;
§ § 42, 45 Plant Protection Act

Fees- Number charge charge charge in euro
9100 Approval of an additive according to § 42 PflSchG 350
up to 2 000
9200 In addition to the fee number 9100, if a further examination of the additive is carried out upon request of documents and samples; § 42 paragraph 3 of the PflSchG 2 850
up to 5 700
9250 Modification of the formulation or labelling of an approved additive 55
up to 4 000
9300 Inclusion in the list of plant cultivating agents according to § 45 PflSchG on the basis of a notice 150
to 400
9400 Changes in the formulation or labelling of the planting agent 150
9500 Prohibition on the placing on the market of a plant hardening agent; § 45 paragraph 4 of the PflSchG 450
9600 Arrangement of the amendment of a marking of a plant hardening agent; § 45 paragraph 5 of the PflSchG 250
Voluntary testing of plant protection products for compliance
the requirements of Article 16 (1) (i). V. m. Section 52 (1) Plant Protection Act

Fees- Number charge charge charge in euro
10000 Examination according to § 16 (1) (i). V. m. Section 52 (1) of the PflSchG, general processing of the application 60
to 185
In addition to the fee number 10000 for the practical examination of the equipment and equipment parts referred to in the toll numbers 10100 to 11500
10100 Equipment for the distribution of pellets and granulates and dusts, self-propellers for the distribution of liquid plant protection products (including 1 set of nozzles or nozzles) 1 Distribution facility) 300
up to 12 500
10200 Annexes and bodywork equipment, as well as self-proponers, which in their dimensions or area are significantly higher than those of the usual equipment (including 1 set of nozzles) 300
up to 15 700
10300 Back-and-back motor devices 300
up to 4 400
10400 portable fog equipment 300
up to 3 200
10500 Hand-operated back or shoulder portable devices, including portable devices for closed spaces (e.g. B. Small nebulizers and evaporators) 300
up to 2 500
10600 Handheld devices for the application of solid or liquid plant protection products 300
up to 1 850
10700 Pickers for seeds 300
up to 8 800
10800 Spray-spraying equipment for aircraft 300
up to 12 500
10900 Spray equipment for rail vehicles 300
up to 15 700
10950 other equipment (e.g. B. Equipment for soil decontamination, gasification, rodent control) 300
up to 10 800
Testing of equipment parts

Fees- Number charge charge charge in euro
11100 Spray rods or blowers (including 1 nozzle set or 1 nozzle arch) 1 000
up to 4 400
11200 Nozzle mouthpiece, nozzle plate or nozzle filter sets 630
up to 3 200
11300 Hoses 320
up to 1 250
11400 Pumps 440
up to 1 900
11500 other equipment parts 250
up to 3 700
Other tests

Fees- Number charge charge charge in euro
12100 Testing of a variant of the type of equipment of the equipment or parts of equipment referred to in the toll numbers 10100 to 11500, without any additional measurements 130
up to 7 900
12300 Examination of the rectification of the defects in the equipment and equipment referred to in the toll numbers 10100 to 11500 70
up to 7 900
12400 Re-examination of the equipment or parts of equipment referred to in the charge numbers 10100 to 11500 without additional measurements 60
up to 1 550
12500 for the examination of any further application range of a device or device part of the charge numbers 10100 to 11500 130
up to 7 900
Voluntary verification of the existence of special requirements
(§ 16 paragraph 3 i. V. m. Section 52 (1) Plant Protection Act)

Fees- Number charge charge charge in euro
13100 Examination according to § 16 (3) (i). V. m. § 52 PflSchG, if not already recorded by fee number 10000; general processing of the application 60
to 185
13200 Testing of drift reduction as part of the examination according to § 52 PflSchG 140
to 550
13300 Examination of plant protection products in the context of the examination according to § 52 PflSchG 140
to 550
Recognition of a test site pursuant to section 52 (3) of the Plant Protection Act

Fees- Number charge charge charge in euro
14000 Recognition of a test site pursuant to § 52 (3) of the PflSchG 1 000
up to 3 000
Fees and charges
1.
The Federal Office of Consumer Protection and Food Safety, according to the fee numbers 1100 to 9600,
2.
the Julius Kühn Institute according to the fee numbers 10000 to 14000.