Amendment Of The Plant Protection Act Of 2011

Original Language Title: Änderung des Pflanzenschutzgesetzes 2011

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2. Federal law amending the Plant Protection Act 2011

The National Council has decided:

The Plant Protection Act 2011, BGBl.  I n ° 10/2011, as last amended by the Federal Law BGBl.  I No 189/2013, shall be amended as follows:

1. Section 1 (1) reads:

" (1) This federal law relates to measures to protect against the introduction of harmful organisms of plants and plant products and against the introduction of invasive alien species listed in third countries in the Regulation (EU) No 1143/2014 on the prevention and management of the introduction and spread of invasive alien species, OJ L 114, 27.4.2014, p. No.  OJ L 317, 04.11.2014 p. 35. "

2. § 2 Z 11 reads:

" 11.

Input location: the location where

a)

Plants, plant products, or other objects, or

)

Invasive Alien Species listed

will be introduced to the customs territory of the Union for the first time, that is to say, the airport at air transport, the port of dock at sea or river transport, the the first railway station in the case of rail transport and the place where the customs office responsible for the territory of the Union in which the Union border is crossed is established in the case of other transport operations; '

3. In § 2, after Z 22, the point shall be replaced by a stroke, and the following Z 23 and 24 shall be added:

23.

Invasive Alien Species Listed: in the Union List in accordance with the Regulation (EU) (1143/2014) in a category of goods, classified in the Combined Nomenclature codes referred to in the Union list;

24.

Other official controls: specific official controls listed invasive Non-resident species of border facilities in accordance with Regulation (EC) No 882/2004 and in accordance with Directives 91 /496/EEC and 97 /78/EC. '

4. Section 24 (1) reads:

" (1) Plants, plant products or other objects not listed in Annex V, Part B, originating in a third country which are transferred to the customs territory of the Union, such as:

1.

wood, in particular, in the form of material, stackable wood, pallets, or packaging material, is actually used for the transportation of items of all kinds, and

2.

Invasive Alien Species Listed,

be met by the responsible official body in the case of Z 1 for compliance with the requirements of § 23 (1) Z 2 lit.  a to lit.  c and para. 2 lit.  a to lit. c, in the case of Z 2, to be checked for compliance with the requirements of Regulation (EU) No 1143/2014. In both cases, section 23 (3) shall apply. "

5. In § 24, the following paragraph 3a is added:

" (3a) If a customs control determines that a consignment or a consignment of non-registered listed invasive alien species contains or consists of a consignment of undeclared invasive alien species, the controller shall have the following: Notify the Federal Office of Food Security immediately. "

6. In Article 26, the following paragraph 6 is added:

" (6) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in so far as this is for the proper enforcement of legislation of the European Union, in particular of the Regulation (EU) No. 1143/2014, requires further entry points pursuant to § 2 Z 11 for the implementation of controls by Regulation. "

7. In § 27, the following paragraph 4 is added:

" (4) importer or its customs representatives (notifying parties pursuant to Article 4 Z 18 of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code) of consignments which, pursuant to Article 15 (1) of the Regulation (EU) No 1143/2014 listed invasive alien species, have the Federal Office for Food Security or, in the case of other official controls according to § 2 Z 24, all the control points mentioned there for the issuance of an entry document information required in accordance with Article 15 (4) of Regulation (EU) No 1143/2014, including: if necessary, to transmit the necessary written documents. (2) and (3) apply to the official control of invasive alien species listed in the Official Control Committee. "

8. In Article 28, the following paragraphs 5 to 7 are added:

" (5) The official control pursuant to Art. 15 (2) to (5) of Regulation (EU) No 1143/2014, with the exception of other official controls pursuant to § 2 Z 24, is the responsibility of the Federal Office for Food Security.

(6) Other official controls pursuant to § 2 Z 24 shall result in the fact that listed invasive alien animals do not comply with the requirements of Regulation (EU) No 1143/2014 and will therefore be subject to the provisions of Art. 15 Paragraph 5 of Regulation (EU) No 1143/2014, the Federal Office for Food Security shall, after hearing the importer, shall have the following information in accordance with Article 27

1) of the Regulation.

1.

to arrange the immediate return of the shipment in question; in this case, the (b) certificates submitted by the competent control body with the inscription "rejected"; or

2.

import

a)

for immediate slaughter or killing and destruction, or

)

to be placed in the nearest Quarantine Station in the nearest appropriate way Annex B to Directive 91 /496/EEC, which may provide sufficient capacity for the reception of all animals of the consignment, or

)

If it is not for ungulates or poultry, quarantine at the destination of the Animals,

Allow if a return is not possible or if the return is in conflict with veterinary or sanity concerns or if there is a killing and destruction of animals for veterinary reasons is necessary or cannot be authorised for further transport of the animals, including return on the grounds of animal welfare.

(7) Conduct official controls pursuant to Section 24 (1) or other official controls pursuant to § 2 Z 24 to the conclusion that other listed invasive alien species other than those referred to in paragraph 6 are subject to the provisions of the Regulation (EU) No 1143/2014 and are therefore withheld in accordance with Article 15 (5) of Regulation (EU) No 1143/2014, they shall be subject to one or more official measures in accordance with § 30 after consultation of the importer in accordance with § 27. '

9. The following paragraphs 3 and 4 are inserted in § 33:

" (3) The control body of the Federal Office for Food Security, in the case of other official controls according to § 2 Z 24 of one of the control bodies mentioned there, has the admissibility of the import listed invasiver Alien species in an inbound document.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, insofar as this is necessary for the proper implementation of official control pursuant to Article 15 of Regulation (EU) No 1143/2014, by Regulation

1.

the general requirements for the entry document,

2.

the evidence that the inbound document has to contain, or

3.

The requirements for the admissibility of electronic inbound documents

"

10.  Section 33 (3) has been replaced by the sales designation " (paragraph 3).  5 " and is:

" (5) Only after release has been completed

1.

The plants, plant products, or other objects as specified in paragraph 1, or

2.

Listed invasive alien species listed in paragraph 3

allowed to be in one of the in Art. 4 Z 16 lit.  d to g of the customs procedure referred to in the Community Customs Code. '

11. In Section 36 (1), the following Z 20a is added:

" 20a.

Invasive Alien Species listed in violation of Art. 7 (1) (lit).  a of Regulation (EU) No 1143/2014 in the territory of the Union, '

12. In Section 36 (1), the following Z 32 is added:

"32.

Do not tolerate the implementation of measures contrary to § 28 (6) and (7),"

13. In Article 36, the following paragraph 5 is added:

"(5) The measures referred to in paragraphs 2 to 4 shall also apply to imports from third countries of invasive alien species listed in the third countries."

14. In § 40, the following paragraph 11 is added:

"(11) The Federal Minister for Agriculture, Forestry, Environment and Water Management can also serve the Federal Office for Food Security for the purposes of the notifications pursuant to paragraphs 1 to 3 and 5 to 7."

15. In § 42, at the end of Z 7, the point is replaced by a stroke point, and the following Z 8 is added:

" 8.

Measures in accordance with Regulation (EU) No. 1143/2014, as far as this is used to protect plants Diseases and pests are required. "

16. Section 50 (4) reads:

" 4.

Section 28 (6) to the extent that it concerns other official controls pursuant to § 2 Z 24, the Federal Minister of Health, "

17. In § 50, the previous number designations "4", "5" and "6" are given the designation "5", "6" and "7".

Fischer

Faymann