Erzeugergemeinschaft Anerkennung als Vereinigung

Agricultural organizations may be recognized upon application.

An agricultural organization shall be recognized upon its application if it

1. the general requirements for recognition set out in section 3 and

2. the special recognition requirements applicable to the applicant agricultural organization under Union law, the Agricultural Market Structure Act and this Ordinance for specific agricultural organizations or specific product areas.

Separate recognition is required for each product area in which an agricultural organization is active.

• informal application
• the applicable articles of association of the agricultural organization as well as the contracts concluded within the scope of Section 10a of the Agricultural Market Structure Ordinance,
• a list of the first names and surnames, and in the case of legal entities the names, of all members of the agricultural organization existing at the time of the application, including their respective addresses,
• evidence for each member referred to in paragraph 2 that it meets the membership requirements of the agricultural organization law, and
• proof of compliance with the requirement of § 3 No. 1. If an association of persons not capable of being entered in an official register submits an application for recognition, it shall, notwithstanding sentence 2 number 4, enclose a certified copy of the agreement on its formation. At the request of the competent body, the agricultural organization shall provide further information and submit evidence insofar as the documents submitted on the basis of sentences 2 and 3 are not sufficient for the examination of the prerequisites for recognition and insofar as this is necessary for the examination of recognition.

An agricultural organization must

1. be a legal entity under private or public law or an association of persons under private law,

2. be able to trace its foundation back to an initiative of its members,

3. have its headquarters in a country in which it

a) has members, and

b. carries out an activity that is not merely insignificant in comparison with its overall activity, unless it is a trade association

4. have written articles of association which include

• name
• head office and
• the fulfillment of the requirements for recognition,

b) contain regulations

• on the exercise of democratic control by the members over the agricultural organization as a whole and the decisions of the agricultural organization,
• on membership fees,
• on the proper performance of duties
• on the admission of new members and the termination of membership,
• on sanctions in the event of violations of membership obligations
• on the establishment of branches.

No. 12.1 "Examination of an application for recognition of a producer organization or its association and of inter-branch organizations under AgrarMSG" of the Ordinance on the Levy of Administrative Fees in the Fields of Agriculture, Forestry and Hunting (GebOLandw) of July 11, 2014 (GVBl. II No. 47 p. 1), last amended on September 17, 2019 (GVBl. II No. 76 p. 1).

Application review

Issuing of notice

A decision on the application shall be made by means of a notice within four months of the date on which the information and documents required for the examination of the recognition are available. If the required information or documents are missing, the authority shall inform the applicant thereof.

Information on legal remedies

An appeal against this decision may be lodged with the Potsdam Administrative Court, Friedrich-Ebert-Str. 32, 14469 Potsdam, Germany, in writing, in electronic form or for recording by the clerk of the court's office within one month of service.

The complaint must designate the plaintiff, the defendant and the subject of the claim. It shall contain a specific request. The facts and evidence supporting the claim shall be stated.

If the action is filed in writing or on record, the action and its annexes shall be accompanied by as many copies as are necessary for all parties to receive one copy.

If the action is filed in electronic form, the electronic documents shall be provided with a qualified electronic signature within the meaning of the Signature Act. It must be submitted to the electronic mailroom of the Potsdam Administrative Court via the communication channels designated on the website www.erv.brandenburg.de. The legal basis for this and the other technical requirements can be found on the aforementioned website.

Agricultural organization are recognized upon application.

Ministry of Agriculture and Environment Mecklenburg-Western Pomerania
Paulshöher Way 1
19061 Schwerin

Ministry of Agriculture and Environment Mecklenburg-Western Pomerania