Recognize the producer group as an association

Application review

Notification of decision

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 insignificant in relation to its overall activity, unless it is a trade association

4. have written articles of association which

- name

- head office and

- the fulfillment of the recognition requirements,

b) contains regulations

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

- membership fees,

- the proper performance of tasks,

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

on sanctions in the event of breaches of membership obligations

- the establishment of branch offices.

• informal application
• the applicable articles of association of the agricultural organization and the contracts concluded within the framework of Section 10a of the Agricultural Market Structure Ordinance
• a list with first names and surnames, 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,
• proof for each member referred to in point 2 that it meets the requirements of agricultural organization law for membership, and
• proof of compliance with the requirements of § 3 number 1. If an association of persons that cannot be entered in an official register submits an application for recognition, it must, by way of derogation from 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 evidence if the documents submitted on the basis of sentences 2 and 3 are not sufficient for the examination of the recognition requirements and if this is necessary for the examination of the recognition.

No. 12.1 "Examination of an application for recognition of a producer organization or its association as well as interbranch associations pursuant to AgrarMSG" of the Ordinance on the Levying of Administrative Fees in the Areas 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 issued within four months of the submission of the information and documents required for the assessment of the recognition. If the required information or documents are missing, the authority shall inform the applicant accordingly.

• § Section 4 of the Agricultural Market Structure Act (AgrarMSG)
• § Section 2 of the Agricultural Market Structure Ordinance

Notice of legal remedies

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

The action must identify the plaintiff, the defendant and the subject matter of the claim. It should contain a specific request. The facts and evidence serving as grounds should be stated.

If the action is filed in writing or for the record, the action and attachments should be accompanied by sufficient copies so that all parties can receive 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 specified on the website www.erv.brandenburg.de. The legal basis for this and the other technical requirements can be found on the aforementioned website.

01.09.2020