Amendment Of The Plant Protection Act Of 2011

Original Language Title: Änderung des Pflanzenschutzgesetzes 2011

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2016_I_2/BGBLA_2016_I_2.html

2. Federal law 2011 modifies the plant protection law

The National Council has decided:

The 2011 crop protection act, Federal Law Gazette I no. 10/2011, last amended by Federal Law Gazette I no. 189/2013, is amended as follows:

1. paragraph 1 section 1:

"(1) this federal law relates to measures to prevent the introduction of pests of plants and plant products, as well as importations from third countries of listed invasive alien species within the meaning of Regulation (EU) No. 1143/2014 on the prevention and management of the introduction and spread of invasive alien species, OJ" "No. L 317 of the 04.11.2014 S. 35."

2. paragraph 2 Z 11:



"(11. Eingangsort: der Ort, an dem a) plants, plant products or other objects, or b) listed invasive alien species first introduced into the customs territory of the Union the first station for rail transport, and the place where, exceeded this means the number of scheduled airport for air transport, the port at Lake - or river transport, the Union for the territory of the Union, in which is" ", competent Customs Office is established in other types of transport;"

3. in article 2 the point Z 22 is replaced after a semicolon and following Nos. 23 and 24 are attached:



"23 listed invasive alien species: the Union list according to Regulation (EU) No. 1143/2014 types mentioned in a category of goods that are queued in the codes of the combined nomenclature; referenced in the Union list"

' 24 other official controls: specific official controls of listed invasive alien species to border facilities in accordance with Regulation (EC) No. 882/2004 and in accordance with directives 91/496/EEC and 97/78/EC. '

4. paragraph 24 paragraph 1:

"(1) plants listed in annex V, part B, plant products or other items with origin from a third country, which are transported into the customs territory of the Union, such as"



1 Z 2 lit may in particular wood in the form of storage material, stack wood, pallets or packing material actually used in the transport of objects of all kinds, as well as 2 listed invasive alien species, by the responsible official body in the case of no. 1 on compliance with the requirements pursuant to § 23 paragraph 1. a to lit. c and par. 2 lit. a to lit. c in the case of the No. 2 on the compliance with the requirements of the Regulation (EU) No. 1143/2014 are checked. In both cases § 23 para 3 shall apply."

5. in article 24 the following paragraph 3a is added:

"(3a) is established at a customs inspection, that a show or a game contains undeclared listed invasive alien species from a third country or consists of such, has the controlling Customs office immediately to inform the Federal food security."

6. in article 26 the following paragraph 6 is added:

"(6) the Federal Minister for agriculture and forestry, environment and water management, allow as far as this is necessary for the proper enforcement of legislation of the European Union, in particular the Regulation (EU) No. 1143/2014, more input places according to § 2 Z 11 to carry out controls through regulation."

7. in paragraph 27, the following paragraph 4 is added:

"(4) importers or their customs representatives (applicant in accordance with article 4 No. 18 of Regulation (EEC) No 2913/92 establishing the Community Customs Code) broadcasts, the article 15 paragraph 1 of the Regulation (EU) No. 1143/2014 listed invasive alien species include, have the Federal Agency for food security, or in the case of any other official controls in accordance with § 2 Z 24 therein control posts all for the exhibition of an input document in accordance with article 15 para. 4 of Regulation (EU) No. 1143/2014" Information required, including any necessary written documents, to transmit. Paragraph 2 and 3 shall apply to the official control of designated invasive alien species mutatis mutandis."

8. in section 28 be added following paragraph 5 to 7:

"(5) the official control in accordance with article 15 paragraph 2 to 5 of the Regulation (EU) No. 1143/2014, except other official controls in accordance with § 2 Z 24 rests with the Federal Agency for food security."

(6) other official controls in accordance with § 2 lead Z 24 concludes that gelistetete invasive alien animals No. 1143/2014 do not comply with the provisions of the Regulation (EU) and this therefore in accordance with article 15 para. 5 of the Regulation (EU) No. 1143/2014 withheld, so the Federal Agency for food safety after hearing of the importer in accordance with section 27 has



1. the immediate return of the consignment to arrange; in this case the submitted certificates by the competent control body with the inscription are "rejected" to mark; or 2. imports a) for immediate slaughter or killing and disposal or b) to accommodate in the nearest properly equipped quarantine station according to Annex B of Directive 91/496/EEC, which may make the consumption of all animals in the shipment available capacity or c) unless this is not hoofed animals or poultry, quarantine at the place of destination of the animals , to admit, if a return is not possible or veterinary or sanitary concerns stand in the way of transportation or a killing and destruction for veterinary police reasons is required or a reforwarding of animals including transportation for reasons of animal welfare can be disallowed.

"(7) result in official controls in accordance with article 24, paragraph 1 or other official controls in accordance with § 2 Z 24 concluded that other than listed invasive alien species referred to in the paragraph 6 No. 1143/2014 do not comply with the provisions of the Regulation (EU) and are they therefore in accordance with article 15 para. 5 of the Regulation (EU) No. 1143 / 2014 held back, so these after consulting the importer in accordance with section 27 of one or more official measures in accordance with article 30 are to undergo."

9 in article 33 are inserted following paragraph 3 and 4:

"(3) the controlling body of the Federal Agency for food security, in the case of other official checks referred to in article 2 has Z 24 of one of the mentioned bodies, to confirm the permissibility of import of designated invasive alien species in an input document.

(4) the Federal Minister for agriculture and forestry, environment and water management has, as far as this no. 1143/2014 is necessary for the proper implementation of official controls in accordance with article 15 of the Regulation (EU), by regulation



"1. the General requirements for an input XML document, 2. to set the information that has to contain an input XML document, or 3. the conditions for the admissibility of electronic input documents."

10. the previous § 33 ABS. 3 receives the paragraph called "Paragraph 5" and is:

"(5) only after the release



1. the plants, plant products or other objects referred to in paragraph 1, or 2. designated invasive alien species pursuant to par. 3 this may be in one article 4 No. 16 lit. d mentioned customs procedures are transferred to g of the Community customs code."

11. in article 36, paragraph 1 20a be added following Z:



'20a. listed invasive alien species contrary to the provisions of article 7 para 1 lit. of Regulation (EU) No. 1143/2014 in the territory of the Union is spending,"12. In article 36, paragraph 1, following Z 32 is attached:



"32. the implementation of measures contrary to § 28 para 6 and 7 do not condone," 13. In article 36 the following paragraph 5 is added:

"(5) the measures referred to in paragraph 2 to 4 are mutatis mutandis also apply to imports from third countries of listed invasive alien species".

14. in paragraph 40, 11 the following paragraph shall beadded:

"(11) the Federal Minister for agriculture and forestry, environment and water management can use the paragraphs 1 to 3 and 5 to 7 of also of the Federal Agency for food security for the purposes of the messages according to."

15. in paragraph 42 of the point at the end of the No. 7 is replaced by a semicolon and it is attached following Z 8:



"8. measures in accordance with the Regulation (EU) No. 1143/2014, as far as the protection of plants against diseases and pests is necessary to."

16 paragraph 50 paragraph 4:



"4. § 28 para 6 as far as other official controls in accordance with § 2 Z 24, the Federal Minister for health," 17. In section 50, the previous numerical designations will be called "5", "6" and "7", "4", "5" and "6".

Fischer

Faymann