Agricultural quality law

Original Language Title: Landbouwkwaliteitswet

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Law of 8 April 1971, laying down general rules on the quality of agricultural and fisheries products

We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.

All of them, who will see or hear these, saluut! do know:

In view of the fact that it is desirable to promote marketing, it is desirable to lay down general rules on the quality of products produced in agriculture and fisheries;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:


Article 1

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For the purposes of applying the provisions of, or pursuant to, this Act, the following definitions shall apply:

  • Our Minister: Our Minister for Economic Affairs;

  • agriculture: arable farming, pastage, horticulture-including fruit cultivation and growing of trees, flowers and flower bulbs-, cultivation of griffwood and any other form of soil culture including forestry;

  • Products: all products produced by agriculture and the products, derivatives and residues resulting from their processing;

  • College: the College of Appeals for Business;

  • 'Agricultural quality decision' means a general measure of management, intended to be used in Article 2 ;

  • control-establishment: a legal person governed by private law, having full jurisdiction, as referred to in Article 1 Article 8 ;

  • Regulation (EU) No 1151/2012: Regulation (EU) No 1421/ 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (PbEU 2012, L 343);

  • Geographical indication: geographical indication as referred to in Article 5 (2nd) of Regulation (EU) 1151/2012;

  • Geographical origin: designation of origin as referred to in Article 5, first paragraph, of Regulation (EU) 1151/2012;

  • Holder of a geographical indication or geographical indication of origin: a natural or legal person, who is entitled to use a geographical indication or geographical indication of origin under Regulation (EU) of 1151/2012.


Article 2

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  • 1 In the case of, or under general management, arrangements may be made to promote marketing in respect of the quality of products. Such rules may relate to the origin, capacity, sorting, care, packaging, finishing, marking, size and weight of products.

  • 2 In the case of, or under a general measure of administration, as referred to in paragraph 1, rules may also be imposed on the

    • (a) the establishment and use, in respect of products, of farm buildings and means of transport;

    • b. use and consumption, in relation to products, of additives, surers and excipients;

    • c. The working and processing methods of products;

    • d. the use, in relation to products, of machinery, tools and tools;

    • e. the quality and use of packing materials for products;

    • f. the registration of the data subjects covered by that measure.

  • 3 A proposal for the adoption, modification or revocation of a general measure of management, referred to in paragraph 1, shall be addressed to us by Our Minister and Our Ministers, to whom it shall be taken together.


Article 3

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  • 1 In the case of an agricultural quality decision, the granting of relief may be provided for, and, on application, a waiver of the provisions laid down by or pursuant to that decision.

  • 2 The exemptions and exemptions referred to in paragraph 1 of this Article may be subject to rules. They may be subject to restrictions.


Article 4 [ Expired by 01-01-2015]

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Article 5 [ Expired by 08-02-2012]

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Article 6 [ Exchanges by 28-09-2007]

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Article 7

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  • (1) If, in the case of, or under an agricultural quality decision, arrangements have been made concerning the inspection of products, the marking, drawing or supporting documents may be laid down solely for the purpose of determining whether or not by reason of the goods used for that purpose. or, to be added to their packaging, or to those products.

  • 2 In the case of, or by virtue of a decision referred to in paragraph 1, rules relating to the manufacture, possession and stock of goods, or the supply and use of marks, signs or supporting documents and of their use, and of stamps, and of stamps and of stamps, and other instruments in the manufacture or affixing of such marks, signs or supporting documents.


Article 8

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  • 1 In an agricultural quality decision, one or more legal persons governed by private law may be entrusted with full jurisdiction to monitor compliance with the rules laid down by or pursuant to that Decision.

  • (2) In an agricultural quality decision one or more legal persons governed by private law may be entrusted with full jurisdiction to carry out the inspection provided for in Article 7 Or with the supervision of that. They may also be certified to issue marks, signs or supporting documents as referred to in the same Article.


Article 8a

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On a legal person governed by private law as referred to in Article 8 is the Framework Law on self-employed administrative bodies applicable.


Article 9 [ Expired on 28-09-2007]

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Article 10

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  • 1 A control setting is not effective for the purpose of obtaining a profit.

  • 2 A control body shall adopt rules governing the manner in which the inspection is to be carried out. Article 7 , is carried out, the manner in which the issuing of supporting documents, marks and signs is carried out, and the manner in which the checks are carried out.

  • 3 The Regulation referred to in paragraph 2 shall require the approval of Our Minister. The approval may be withheld because of conflict with the law or on the ground that the Rules of Procedure, according to the judgment of Our Minister, may impede the exercise of proper performance by the control body.

  • 4 The statutes of an audit establishment and amendments thereto need to be approved by our Minister before they enter into force. Our Minister is responsible for the publication of the Statutes in the Official Gazette.


Article 11

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  • 1 An inspection body may fix charges for the costs incurred in respect of the Article 8 Surveillance and assessment.

  • 2 If our Minister is carrying out the activities referred to in paragraph 1 by or under an agricultural quality decision, our Minister may lay down tariffs on these activities for the costs of these activities.

  • 3 [ Red: Expated.]

  • 4 The rates referred to in the first and second paragraphs:

    • a. have a direct link to the activities referred to in those paragraphs; and

    • (b) it shall not be necessary to cover the costs incurred in respect of those various activities.

  • 5 In the case of ministerial arrangements, detailed rules may be laid down as regards the imposition and collection of tariffs, and on the periodic adjustment of rates to the development of wages and prices.

  • 6 In the absence of payment within the period laid down by the audit body or by our Minister, the control body or our Minister may recover the amount due from the order of the order. The 4:114 to 4:124 of the General Administrative Law Act shall be applicable mutatis mutandis.

  • 7 The control institution or Our Minister may decide not to act as intended Article 8, second paragraph , to be performed or to cease, if not the amount due under this Article is to be paid.


Article 12

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  • 1 The appointment and dismissal of the chairman of a control establishment need approval from Our Minister.

  • 2 In a control-setting, State supervision is exercised by our Minister in accordance with rules to be laid down in accordance with ministerial rules.


Article 13

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  • 1 In cases of breach of rules laid down in or pursuant to an agricultural quality decision, one or more of the following disciplinary measures may be imposed:

    • a. Berisping;

    • (b) fine;

    • c. the lodging of the person concerned under enhanced control of his or her costs for a maximum period of two years;

    • d. disclosure of the Award at the expense of the person concerned.

  • 2 The control body shall regulate the composition and powers of its organs which exercise disciplinary action and the application of disciplinary action, subject to general rules of management, to the rules of procedure of which the institution is responsible for exercising disciplinary action. -to regulate.

  • 3 The control institution shall give the proceeds of the fines a special purpose, which requires the approval of our Minister.

  • 4 In connection with the implementation of the rules of the Council of the European Union, of the European Parliament and of the Council of the European Union together, or of the Commission of the European Communities, by way of derogation from the first paragraph, pursuant to a general measure of management, no disciplinary action shall be taken to comply with any provisions or parts thereof designated by or pursuant to that general measure of management.


Article 13a

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The disciplinary measure of reprimand shall consist of a written or oral notice to the person concerned in connection with the fact of the matter.


Article 13b

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  • 2 If the value of the goods, in respect of which an infringement has been committed, or the value of the unlawful benefit obtained in whole or in part by the offence, is higher than a quarter of the fine of the third category, a fine may be imposed from a maximum of the fourth category, which is to be the fourth category. Article 23 (4) of the Code of Criminal Law .

  • 3 The fine may be imposed partially or partially conditionally.


Article 13c

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  • 1 In the cases where the disciplinary court orders the publication of its judgment, it shall also determine the manner in which that burden is to be implemented.

  • 2 The cost of disclosure is estimated in the Award at a certain amount.


Article 13d

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  • 1 If a fact, which may be subject to disciplinary action, is committed by or because of a legal person or a company, disciplinary proceedings shall be instituted and measures shall be taken against:

    • a. that legal person or company;

    • b. them, who have been ordered to act or have in fact been in charge of the prohibited act or omission; or

    • c. Both.

  • 2 A fact is committed, inter alia, by, or by reason of, a legal person or a company, if committed by persons acting either by virtue of a employment relationship or by others, in the sphere of the legal person or the company, irrespective of whether these persons have committed the fact individually or are jointly involved in the facts of that fact.

  • 3 If disciplinary proceedings are brought against a legal person or a company, it shall be represented by the driver during the prosecution and, if there are more drivers, by one of the persons concerned.


Article 13th

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  • 1 At the joint request of the control body and the owner of the holding where the measure was imposed, the disciplinary court may decide to waive the penalty of the enhanced surveillance.

  • 2 The person concerned shall be called within eight weeks of the request of the disciplinary court to appear on a day and hour to be determined by the chairman.

  • 3 The summons shall be sent to the party concerned at least two weeks before the day of the session and shall state the place of the session.

  • 4 The summons shall be accompanied by a copy of all the documents relating to the case.

  • 5 The summons shall mean:

    • a. the names, appeals and residence of witnesses and experts summoned to the Plenary Session;

    • (b) the communication that the person concerned has the power to bring witnesses and experts to the meeting.

  • 7 The disciplinary court shall give a written judgment.

  • 8 The decision shall rule on the application or rejection of the application.

  • 9 The disciplinary court shall, in public, make the decision referred to in the eighth paragraph.

  • 10 By way of derogation from paragraph 7, the disciplinary court may, after the conclusion of the examination, make an oral statement at its request.

  • 11 Of the oral statement, the secretary shall draw up a report.

  • 12 The decision shall be sent without delay to the person concerned and to the control body.

  • 13 No appeal shall be opened against the ruling on the request.


Article 13f

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  • 1 The person concerned or the inspection body may appeal to the College within six weeks of the date of dispatch of the decision of the disciplinary court, unless the judgment can or could not be opposed to that judgment.

  • 2 The institution may further appeal against a judgment in absentia unless the person concerned is resisting. The appeal may be lodged within six weeks of the expiry of the time limit for the use of opposition.


Article 13g

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  • 1 The appeal shall be brought by the lodging of a notice of appeal at the College.

  • 2 The appeal shall be signed and shall contain the grounds of appeal.

  • 3 The Registrar shall send a copy of the notice to the disciplinary court and the person concerned, or the control body, within one week of receipt of the appeal.


Article 13h

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The disciplinary court shall, within three weeks of receipt of the copy of the notice of appeal, Article 13g, third paragraph , the documents shall be sent to the Registrar of the College.


Article 13i

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  • 1 If the appeal is manifestly inadmissible or manifestly unfounded, the College or the President may, without further examination by the College, give judgment. The ruling shall be sent without delay to the person concerned, the disciplinary court and the control body.

  • 2 Against the judgment referred to in paragraph 1, the person concerned may, within six weeks of the date of dispatch of the judgment, oppose the College of the College. Article 13g shall apply mutatis mutandis.

  • 3 The College shall declare the opposition inadmissible, unfounded or well founded. If the resistance is declared well founded, the ruling shall lapse. The last sentence of the first paragraph shall apply.

  • (4) If the action is manifestly inadmissible or unfounded, the College may declare the objection inadmissible or unsubstantiated, but not after the person concerned or the audit institution have the opportunity to be heard.

  • 5 The verdict on the resistance shall be sent without delay to the person concerned, the disciplinary court and the control body.


Article 13j

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  • 1 Unless Article 13i, first paragraph is applied, the President shall determine the day before the consideration of the case. The person concerned and the inspection body shall be invited to appear at a meeting of the College at a place and time to be indicated in the invitation.

  • 2 For the treatment at the hearing, the procedural documents shall be deposited for their authorized representatives for at least one week at the Registry or elsewhere for access free of charge to the person concerned and the control body. The deposit shall be brought to the attention of the Registrar in good time by the Registrar and by the institution responsible for the audit.

  • 3 The period referred to in the preceding paragraph may be shortened by the consent of the person concerned and the control body.

  • 4 If the time limit is not observed, the College shall establish a new day of law unless the person concerned has appeared in person or in an authorised representative's office. In the latter case, the request may be deferred at its request.

  • 5 In cases where the hearing of the case is delayed or suspended for a specified time at the hearing, no new notification shall be made.


Article 13k

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  • 1 The session is public.

  • 2 The College may provide that the case shall be dealt with in whole or in part with closed doors where a public hearing would seriously harm the right of justice or the interests of the person concerned or the control body.

  • 3 The College shall be held with three or five members, including the President or a Deputy Chairman.


Article 13l

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  • 1 The President shall be in charge of the session.

  • 2 The Secretary shall keep an endorsement of the traded at the sitting.

  • The Secretary shall draw up a record of the session if the College decides either of its own motion or at the request of the person concerned or of the audit institution.

  • 4 The minutes shall contain the names of the President and the members dealing with the case, the names of the parties and their representatives, or agents who have appeared at the session and those who have assisted them, and those of the witnesses, experts and interpreters who have appeared at the session.

  • 5 The report shall record what has been said at the session in respect of the case.

  • 6 The minutes shall be signed by the Chairman and the Secretary.

  • 7 Hearing notes may be attached to the report.

  • 8 The College may provide that the statement of a party, witness or expert shall be taken into account in full in the minutes. In such cases, the declaration shall be made in writing without delay and shall be read out to the party, witness or expert. The latter may make any changes thereto, which shall be written in writing and read to the party, witness or expert. The declaration shall be signed by the party, witness or expert. If the signature does not take place, the report shall state the reason for the signature.


Article 13m

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  • 1 The College may suspend the proceedings at its meeting.

  • In such a case, the College shall determine as soon as possible the time at which the treatment is resumed and inform the person concerned and the control institution accordingly.


Article 13n

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  • 1 The person concerned or the control body may, unless the College recommends that he appear in person, be represented at the hearing by a lawyer if that lawyer declares that he is, to that effect, to his/her Plenipotentiary; or by a written agent of a special power of attorney.

  • 2 The College may refuse to allow certain persons, who are not lawyers, to be authorised to act as authorised persons. In the event of such a refusal, the College shall hold the matter until the next sitting.

  • 3 The institution shall inform the person concerned and the control body of the detention and the reason thereof and shall also call upon the person concerned or the institution responsible for the verification to attend further session in person or in any other form of action. privileged to be today.

  • 4 The person concerned or the audit institution may at any time be assisted by a counsellor.

  • 5 The College may refuse to allow certain individuals, who are not his lawyer, as counsel. In the event of such a refusal, the College shall, at the request of the person concerned or the audit institution, hold the case to a subsequent meeting.


Article 13o

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At the request of the party concerned, the chairman or each of the members dealing with a case may be affected by facts and circumstances which may cause damage to the impartiality of the College. The Articles 513 to 515 of the Code of Criminal Procedure shall be applicable mutatis mutandis.


Article 13p

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On the basis of facts and circumstances as referred to in Article 13o may ask the chairman or any member dealing with a case to be changed. The Articles 517, second and third paragraphs, to 518 of the Code of Criminal Procedure shall be applicable mutatis mutandis.


Article 13q

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The person concerned shall be given the opportunity to speak and to explain the grounds of the appeal to the person concerned or the audit body or to their agents and to the counsellor.


Article 13r

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  • 1 The College may, of its own motion or at the request of the person concerned or the audit body, call witnesses.

  • 2 Each, who has been summoned as a witness, is obliged to appear before the College. If the witness does not appear on the summons, the College may ask the D.A. in the district in which the College sits, summons the witness at the hearing of the College and add an order to the court. Joint presentation.

  • 4 The chairman may determine that witnesses will not be heard than after taking the oath or the promise. In that case, they take the oath or the promise that they will say the whole truth, and nothing but the truth.


Article 13s

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  • 1 The College may appoint experts, either on its own initiative or at the request of the party concerned or the audit body, in order to inform the College, if necessary, to carry out an inquiry and to report to the College.

  • 3 The College may impose secrecy on the expert.


Article 13t

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  • 1 The College shall close the examination when it considers that it has been completed.

  • 2 Before the examination is concluded, the person concerned and the control body shall have the right to speak for the last time.

  • 3 After the hearing of the case at the hearing, the chairman shall determine the day before the ruling, unless the College makes an oral statement immediately.


Article 13h

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  • 1 The College shall declare the action inadmissible, unfounded or well founded.

  • 2 If the College has not been adequately informed, it may recommend that the treatment of the case be resumed at a date to be determined.


Article 13v

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  • 1 If the College declares the appeal well founded, it shall destroy the judgment of the disciplinary court. In that case, the College itself shall complete the case or refer it to the disciplinary court in question to take its decision in compliance with the decision of the College.

  • 2 If a further investigation is necessary and the College itself takes the case, the person concerned and the control institution shall be called upon to act in a period not exceeding eight weeks after the matter is brought before the College. chair to be published day and hour to attend.

  • 3 The summons shall be sent to the person concerned and the control body at least two weeks before the day of the session and shall state the place of the session.


Article 13w

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  • 1 The College shall rule in writing.

  • 2 The decision on the imposition of the disciplinary measure, the grounds and the rules on which it is based shall be decided.

  • 3 The College shall publish in public the decision referred to in the second paragraph.

  • 4 By way of derogation from paragraph 1, the College may, after the conclusion of the examination, give an oral statement at its hearing.

  • 5 Of the oral judgment shall be drawn up by the Registrar.

  • 6 The ruling shall be sent without delay to the person concerned, the control body and the disciplinary court.


Article 13x

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The enforcement of judgments of the Court of Justice and of the College shall be carried out on the basis of the control body. The audit institution may not abandon its implementation unless it has been approved by the President of the College.


Article 13y

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  • 1 The institution shall notify the person concerned of the fine or the costs of disclosure of the fine or disclosure of the fine, within two weeks of the final decision of the disciplinary court or of the College. pronunciation must be fulfilled. This period may be fixed at a maximum of two months and may be extended each time, but may not be longer than two years after renewal.

  • 2 In the absence of full payment within the period referred to in the first paragraph, the amount not paid shall be recovered in the same way as the rates specified in the Article 11, first paragraph .

  • 3 The first and second members shall apply mutatis mutandis to the costs of enhanced control provided for in Article 13, first paragraph, part c , except that the time limit for the notification of the payment period starts first after the costs have been incurred.


Article 14

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  • 1 The holder of a geographical indication or geographical indication of origin may maintain his right to any person who, without being entitled to do so, is one of the acts referred to in Article 13, first paragraph, of Regulation (EU) 1151/2012 -

  • 2 The court may order the services which are used by third parties to claim the holder of a geographical indication or geographical indication or geographical origin of intermediaries whose services are used by third parties in breach of the rights of the holder. to make that breach, to cease.

  • 3 The provision court may, at the request of the holder of a geographical indication or geographical indication or a geographical indication of origin, allow temporary continuation of the alleged infringement of that right under the condition that security is provided for reimbursement of the damage suffered by the holder. Under the same conditions, the courts may permit the continuation of the provision of services by the intermediary referred to in the second paragraph.

  • 4 Compensation may be sought only from the person who knowingly carries out the acts. Deliberate action is in any event, if the infringement has been committed, after the person concerned has been informed of the dispute between the acts and the geographical indication.

  • 5 In appropriate cases, the court may fix the compensation as a lump sum.

  • 6 Instead of compensating for damages, the defendant shall be ordered to pay the profits received by the infringement and to take account of it and to be accountable; however, if the judge considers that the circumstances of the infringement have been If such a conviction did not give rise to such a conviction, the judge will be able to condemn the defendant in damages.

  • 7 The holder of a geographical indication or geographical indication of origin may also, on behalf of, or also on behalf of, the other holders of the relevant geographical indication, claim for compensation or the loss of profits.

  • 8 The holder of a geographical indication or geographical indication of designation of origin has the power to which a breach of his right is conferred, or materials and tools used primarily in the production of that geographical indication; to claim, or to recover from, the movement, destruction or unserviceability of his or her property. The assessment of the claim shall be based on an assessment of the seriousness of the infringement and of the action taken and of the interests of third parties.

  • 9 The provisions of the Law of Civil Procedure seizing and execution to issue movable property shall apply. In the case of a combination of another herd, the person who has seized the herd shall be responsible for the attachment of this article.

  • 10 The measures referred to in the eighth and ninth paragraphs shall be carried out at the cost of the defendant, unless special reasons prevent it.

  • 11 The court may order the holder of a geographical indication or geographical indication or geographical indication of origin to whom the person has infringed his right to order the latter's knowledge of the origin and distribution channels of that geographical indication or geographical indication. communicate the goods or services which infringe it to the holder of the geographical indication and to provide all the information relating thereto. Under the same conditions, this order may be given to a third party possessing or using, on a commercial scale, infringing goods, providing services on a commercial scale used in the infringement or by any of the those third parties are designated as being involved in the manufacture, manufacture or distribution of these goods or when they provide these services. This third party may be in the supply of information which would constitute evidence of participation in a breach of a right of intellectual property by him or by the other person in question. Article 165, third paragraph, Code of Civil Procedure persons referred to.

  • 12 The court may order the holder of a geographical indication or a geographical indication of origin to order that, at the costs of the person who has infringed his/her right of infringement, appropriate measures are taken to spread the Information on the ruling.


Article 15

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  • 1 The officials appointed by the decision of Our Minister and the persons appointed by the decision of our Minister, are responsible for carrying out the conditions laid down by the decision of our Minister for the observance of the requirements laid down in, or pursuant to, an agricultural quality decision. control-setting.

  • 2 Our Minister and Our Ministers, for whom it is a member of the Commission, may together give details of the sampling, packaging, preservation, sealing, dispatch and examination of samples.

  • 3 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.


Article 16 [ Verfalls per 01-01-1994]

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Article 17 [ Verfalls per 01-01-1994]

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Article 18

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  • 2 Article 13 does not find an application if, after consultation with the audit body, the State's Attorney has decided that an infringement will be criminally charged.


Article 19

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Our Minister is empowered to impose a charge under administrative constraints in order to enforce the obligations imposed by or under this law.


Article 20

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  • 1 This law may be referred to as: "Agricultural Quality Act".

  • 2 She shall enter into force with effect from a time to be determined by Us.

Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.

Given at Paleize Soestdijk, 8 April 1971

JULIANA.

The Minister for Agriculture and Fisheries,

P. J. LARDINOIS.

The Minister for Economic Affairs,

R. J. NELISSEN.

The Secretary of State for Social Affairs and Health,

R. J. H. KRUISINGA.

The Minister of Justice,

C. H. F. POLAK.

Issued the seventeenth of June 1971.

The Minister of Justice,

C. H. F. POLAK.