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Part 7 · Indications of geographical origin  ›  Chapter 3 · Authorisation to issue statutory instruments › Section 139

Provisions transposing Regulation (EU) No 1151/2012; authorisation to issue statutory instruments

(1) The Federal Ministry of Justice and Consumer Protection is herewith authorised in agreement with the Federal Ministry for Economic Affairs and Energy and the Federal Ministry of Food and Agriculture by statutory instrument with the consent of the Bundesrat to regulate further details of the protection of designations of origin and geographical indications in accordance with Regulation (EU) No 1151/2012 in so far as the requirement therefor emerges from Regulation (EU) No 1151/2012 or from the provisions issued by the Council or the European Commission for its implementation. In particular, provisions relating to

1.  the marking of agricultural products or foodstuffs,

2.  the entitlement to use the protected designations, or

3.  the prerequisites and the procedure in supervision or inspection in intra-Community transfer or in import and export

may be issued in statutory instruments in accordance with sentence 1. Statutory instruments in accordance with sentence 1 may also be issued if the Member States are authorised in accordance with the provisions of Community law listed therein to issue supplementary provisions.

(2) The Land governments are herewith authorised by statutory instrument to assign the performance of the inspections necessary in accordance with Article 37 (1) of Regulation (EU) No 1151/2012 to approved private inspection agencies or to involve such agencies in the performance of these inspections. The Land governments may also regulate the prerequisites and the procedure for the approval of private inspection agencies by statutory instrument. They shall be authorised to assign the authorisation in accordance with sentences 1 and 2 by statutory instrument to other authorities in whole or in part.

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