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Source: BUS Sachsen-Anhalt (Linie6PLus)

Application for recognition as a producer group as an association

Description

An agricultural organization shall, at its request, be recognized if it

1. the general recognition requirements of § 3 and

2. fulfils the special conditions for recognition which apply to the applicant agricultural organisation in accordance with Union law, the Agricultural Market Structure Act 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.

An agrarian 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 that is not merely insignificant in relation to its overall activity, unless it is an interbranch organisation

4. have a written statute which:

-Name

- Headquarters and

- the fulfilment of the recognition requirements can be inferred,

(b) which contains:

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

- membership fees,

- for the proper performance of the tasks,

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

on sanctions for breaches of membership obligations

- to set up branches.

  • informal application
  • the applicable statutes of the agricultural organisation as well as the contracts concluded within the framework of § 10a of the Agricultural Market Structure Ordinance,
  • a list of first names and surnames and, in the case of legal persons, the names of all members of the agrarian organisation existing at the time of the application, including their respective addresses;
  • proof for each member referred to in paragraph 2 that it meets the membership requirements of the law on agricultural organisations, and
  • to enclose proof of compliance with the requirement of § 3 number 1. Insofar as an association of persons that cannot be entered in an official register submits an application for recognition, the association shall, by way of derogation from sentence 2 number 4, attach a certified copy of the contract for its formation. At the request of the competent authority, the agricultural organisation shall provide further information and submit evidence if the documents submitted on the basis of sentences 2 and 3 are not sufficient for the examination of the recognition requirements 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 as well as of interbranch associations under AgrarMSG" of the Ordinance on the Collection of Administrative Fees in the Fields of Agriculture, Forestry and Hunting (GebOLandw) of 11 July 2014 (GVBl. II No. 47 p. 1), last amended on 17 September 2019 (GVBl. II No. 76 p. 1).

A decision on the application must be made 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 required information or documents, the authority shall inform the applicant thereof.

Information on legal remedies

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 request. The substantiated facts and evidence should be stated.

If the action is brought in writing or in the minutes, the application and annexes should be accompanied by sufficient copies to enable all parties to obtain a copy.

If the action is filed 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 mailroom of the Administrative Court of Potsdam via the communication channels www.erv.brandenburg.de designated on the website. The legal basis for this as well as the other technical requirements can be found on the aforementioned website.

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

Application review

Preparation of the notification

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

The text was automatically translated based on the German content.

No authority found