If applicable: Further companies/ locations, integrated into VLOG-Certification. Page 1 of 2
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1 Please send back to: Verband Lebensmittel ohne Gentechnik e.v. (VLOG) Torstraße Berlin Tel.: / Fax: / info@ohnegentechnik.org 1. Company Data Company Data for Standard Usage Agreement Version 15th of June, 2017 Up-to-date company data is already known to VLOG, because of VLOG membership or usage of seals Ohne GenTechnik or VLOG geprüft. Then please continue with 1. d) a) Name/ Appellation Legal Form Commercial Register Number / Register of Association Number (if available) b) Company Domicile/ Address Legal Representative c) Contact Person for VLOG-Certification Homepage Name Fax If applicable: Further companies/ locations, integrated into VLOG-Certification d) Location/ Company Name Contact Person same as in 1. c) Address Page 1 of 2
2 e) Location/ Company Name Contact Person same as in 1. c) Address f) Location/ Company Name Contact Person same as in 1. c) Address For further locations/ companies please attach an extra list 2. VLOG-Certification (Planned) Certifier Stage according to VLOG-Standard Feed manufacturing Feed logistics Agricultural production Food processing Group certification according to VLOG-Standard I/we hereby declare the correctness of the information given above. Place and date Legally binding signature Company stamp Page 2 of 2
3 Standard Usage Agreement 1 for use of the VLOG "Ohne Gentechnik" [Non-GMO] Production and Certification Standard between Verband Lebensmittel ohne Gentechnik e.v., Torstrasse 218, Berlin, Germany - hereinafter VLOG - and the company to be certified: VLOG Certification Agreement No. (assigned by VLOG): - herei after Co pa - Preamble Whereas the VLOG "Ohne Gentechnik" Production and Certification Standard (VLOG Standard) is a certification standard developed and managed by VLOG safeguarding the criteria of the EC Genetic Engineering Implementation Act (EGGenTDurchfG), And whereas this Certification Agreement, stipulates the use of the VLOG Standard by the Company while this Agreement is a prerequisite for a certification body recognized by VLOG to issue a certificate pursuant to the VLOG Standard, the Parties agree to the following: 1 Subject matter of the Agreement (1) VLOG shall issue a non-exclusive, revocable, non-transferable right to use the VLOG Standard in its then current version (Annex 1) for the purpose of certification. (2) Only during the time period where the awarded Oh e Ge te h ik certificate is valid and only in association with the products and product groups covered by the certificate does the Company have the right to claim in regards itself or the products it offers or places on the market to be VLOG ertified or to use ide ti al or si ilar desig atio s, su h as a ufa tured pursua t to VLOG Sta dard. 1 till : VLOG Certification Agreement Page 1 of 5
4 2 Conditions (1) For the term of the validity of the Oh e Ge te h ik ertificate and for the products and product groups manufactured under this certificate the Company undertakes to meet the requirements of the VLOG Standard in its then current version. (2) The Company agrees to monitoring, including sampling (so-called Integrity audit), by VLOG or third-party representatives mandated to do so. Monitoring can be done in all departments of the Company that are rele a t to Oh e Ge te h ik - or VLOG geprüft -production as well as in transporting, preparation, processing and packaging operations that are subject to the auditing and certification process. Furthermore, monitoring can also be carried out in agricultural businesses that are contractually i tegrated i to the Oh e Ge te h ik system of the company within the scope of group certification pursuant to the VLOG Standard. This is to be contractually settled between the Company and the farms and companies that are integrated in auditing and certification. (3) The Company authorises VLOG to make the results of the audit and analysis in accordance with 2 (2) and correspondence with the Company available to the certification bodies that are involved in the VLOG-certification. (4) The Company undertakes to implement all measures imposed by VLOG following an inspection by VLOG. The Company shall be informed of these measures in writing. (5) VLOG shall bear all costs for monitoring and analyses. In case of violations of the EGGenTDurchfG or this Certification Agreement, the Company shall be invoiced for the costs. The Company shall also be invoiced for costs for an extraordinary inspection caused by the Company itself. A reason for such an inspection exists in particular if Company does not fulfil its obligations for transmission of information and/or documents pursuant to the regulations of this Agreement, or if deficiencies are found during previous inspections and a follow-up inspection is necessary to verify the deficiency was remedied. (6) The Company hereby authorizes the commissioned certification body to make the results of all auditing and certifications pursuant to VLOG Standard (including the integrated operations mentioned in 2 par. (2)) and the analytical results available to VLOG. VLOG undertakes to handle such audit results confidentially and to use them only for internal assessment. VLOG does, however, have the right to publish these monitoring results in an anonymous manner, i.e. in statistics. (7) The Company transmits to VLOG, upon request, analytical results in o e tio ith Oh e Ge te h ik production that VLOG commissioned, and informs VLOG of any measures taken. VLOG undertakes to handle such information confidentially and to use it only for internal assessment. VLOG does, however, have the right to publish these monitoring results in an anonymous manner, i.e. in statistics. (8) The Company hereby authorizes the certification body commissioned by it to inform VLOG if the Agreement with Company for monitoring pursuant to VLOG Standard expires or is cancelled. (9) The Company shall inform VLOG before changing the certification body it commissioned or before commissioning an additional certification body of the new commissioned certification body and the start of a new monitoring agreement without being asked. Page 2 of 5
5 3 VLOG Standard (1) VLOG may modify the provisions of the VLOG Standard if necessary. VLOG s Sta dard E pert Group shall be consulted prior to any amendments to the VLOG Standard. The amended version of the VLOG Standard shall become a component of this Certification Agreement three months after publication, unless the Company opposes its integration in writing within those three months, or unless a longer grace period was fixed in the amended version and the Company does not oppose its integration in writing within those longer grace period. (2) In the case of opposition, each Party shall have the right to cancel the Agreement within a notice period of 3 months to month s end. The Agreement will be continued in the then existing version until its expiration. Furthermore, the Parties shall agree upon a reasonable period to use up the products manufactured by the time of cancellation and certified under the VLOG Standard. 4 Provisions for companies that are not also manufacturers If the Company does not itself manufacture or process the products to be certified, the following other obligations apply for this Company: (a) The Company is obligated to ensure by using reasonable contractual measures that VLOG be authorized to carry out inspections pursuant to 2 para. (2) at the manufacturer of the certified products. (b) The obligations listed under (a) do not apply, if and as long as the manufacturer of the certified products itself has concluded a Certification Agreement with VLOG. 5 User fee (1) VLOG does not charge the Company a fee for the use of the VLOG Standard. (2) The cost for certification pursuant to the VLOG Standard (including sampling and analysis done within the certification process) shall be agreed upon between the Company and the concerned certification body. 6 Consequences of acting in breach of this Agreement (1) In the case of breach of this Certification Agreement, Company is subject to paying a fine. Evaluation of the breach shall be done by the VLOG Secretariat. The VLOG Advisory Council shall make decisions on complaints about the evaluation of breaches. VLOG shall obligate also the members of its Advisory Council to treat any proceedings brought to their attention in confidentially. (2) The fine shall be calculated based on the serious ess of the rea h a d the Co pa s total a ual revenue. Fine amount Total Annual Revenue in Million Euros < 1 > 1 < 50 > 50 < 500 > 500 Slight breach Ma. Ma. Max. 1, Max. 2, Page 3 of 5
6 Medium breach Ma. Ma. Max. 2, Max. 5, Serious breach Ma. Max. 1, Ma.. Max. 10, A slight breach, for example, would be the Company s not notifying VLOG of a newly commissioned certification body. A medium breach, for example, would be denying VLOG employees or VLOG representatives, who have identification and want to access the premises for a control mentioned in 2 (2), access to the Company s premises or the premises of one of its system partners. A serious breach, for example, would be if a medium breach is repeated. (3) If there is a sub-licence agreement between VLOG and the Company for the use of the uniform Oh e Ge te h ik seal or a li e e agree e t for use of the VLOG verified seal that i ludes pro isio s about fines for use contrary to the Agreement, a fine shall only be paid once for a breach. VLOG is free to decide which agreement shall be used to calculate the fine. 7 Term of the Agreement / Cancellation of the Agreement (1) The Certification Agreement is concluded for an undetermined period of time. It may be cancelled by either party without giving a reason with a notice period of 3 months before year s end. (2) The right to extraordinary termination shall remain unaffected. (3) VLOG may cancel the Agreement with immediate effect if: an invoice for a fine or cost for monitoring, including any reminder fees remains unpaid after two weeks of the second reminder; or the Certification Agreement is breached intentionally in a grossly negligent manner, or repeatedly. (1) German law shall apply exclusively. 8 Final Provisions (2) The place of jurisdiction shall be that applying to VLOG s pla e of usi ess. (3) The Parties agree that no oral or written supplementary agreements were concluded outside of this Agreement. (4) Should individual provisions in this Agreement be ineffective, the effectiveness of the other provisions in this Agreement shall remain unaffected. (5) All annexes are an integral part of this Agreement. (6) This Agreement replaces any certification agreements previously agreed upon by the Parties. Page 4 of 5
7 VLOG: Place and date Signature Company stamp Company: Place and date Signature Company stamp Page 5 of 5
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