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Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for recognition as a producer group as an association

Description

An agricultural organisation shall be recognised at its request if:

1. the general recognition requirements of § 3 and

2. fulfils the specific conditions for recognition applicable to the applicant agricultural organisation under Union law, the Law on agricultural market structures and this Regulation for certain agricultural organisations or certain product sectors.

Separate recognition is required for each product sector in which an agricultural organisation operates.

Application review

Creation of notifications

Please contact the Ministry of Economy, Tourism, Agriculture and Forestry.

An agricultural organisation must:

1. be a legal person governed by private or public law or an association of persons governed by private law;

2. can trace its creation back to an initiative of its members,

3. have their head office in a country where they

(a) has members, and

(b) carries out an activity which is not merely insignificant in comparison with its overall activity, in so far as it is not an interbranch organisation;

4. have written statutes which:

- Name

- Headquarters and

- the fulfilment of the conditions for recognition can be inferred,

b) contains the regulations

- to exercise democratic control by members over the agricultural organization as a whole and the decisions of the agricultural organization,

- membership fees,

- for the proper performance of the tasks,

- the admission of new members and the termination of membership,

on penalties for breaches of membership obligations

- the establishment of branches.

  • informal application
  • the applicable statutes of the agricultural organisation and the contracts concluded within the framework of § 10a of the Agricultural Market Structures Ordinance,
  • a list of first and last names, in the case of legal persons, the names of all members of the agricultural organisation present at the time of the application, including their respective addresses,
  • proof for each member referred to in point 2 that it fulfils the membership requirements of agricultural organisation law, and
  • attach proof of compliance with the requirement of § 3 number 1. By way of derogation from sentence 2 number 4, an association of persons which cannot be registered in an official register submits an application for recognition, the latter shall attach a certified copy of the contract establishing it. At the request of the competent authority, the agricultural organisation shall provide further information and provide evidence if the documents submitted on the basis of sentences 2 and 3 are not sufficient for the examination of the conditions for recognition and insofar as this is necessary for the examination of recognition.

No. 12.1 'Examination of an application for recognition of a producer organisation or its association and of interbranch organisations under the AgrarMSG' of the Ordinance of 11 July 2014 on the levying of administrative fees in the fields of agriculture, forestry and hunting (GebOLandw) (GVBl. II No. 47 p. 1), as last amended on 17 September 2019 (GVBl. II No. 76 p. 1).

A decision on the application shall be taken by decision within four months of the date on which the information and documents required for the examination of recognition have been submitted. In the absence of the necessary information or documentation, the Authority shall inform the applicant thereof.

Instructions on how to appeal

An action against this decision may be brought within one month of service before the Administrative Court of Potsdam, Friedrich-Ebert-Str. 32, 14469 Potsdam, in writing, in electronic form or for the record of the clerk of the registry of that court.

The action must identify the plaintiff, the defendant and the subject-matter of the claim. It should contain a specific application. The facts and evidence used to justify it should be indicated.

If the action is brought in writing or for the record, the action and annexes shall be accompanied by so many copies that all parties can obtain a copy.

If the action is brought in electronic form, the electronic documents must be provided with a qualified electronic signature within the meaning of the Signature Act. It must be submitted to the electronic post office of the Administrative Court of Potsdam via the communication channels designated www.erv.brandenburg.de on the website. The legal basis for this as well as the other technical requirements are available on the aforementioned website.

The text was automatically translated based on the German content.

Ministry of Agriculture, Environment and Climate Protection (MLUK) of the State of Brandenburg, Department 3

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