Amendment Of The Plant Protection Act Of 2011

Original Language Title: Änderung des Pflanzenschutzgesetzes 2011

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2. Federal Act to amend 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. § 1 (1) reads:

" (1) This federal law relates to measures for the protection against the introduction of harmful organisms of plants and plant products and against the introduction of invasive alien species listed in third countries within the meaning of Regulation (EU) No. 1143/2014 on the prevention and management of the introduction and spread of invasive alien species, OJ L 327, 28.3.2014, p. No. OJ L 317, 04.11.2014 p. 35.

2. § 2 Z 11 reads:

" 11.

Place of entry: the place where

a)

plants, plant products or other objects, or

b)

listed invasive alien species

imported into the customs territory of the Union for the first time, i.e. the airport used for air transport, the port of arrival at sea or river transport, the first railway station in the case of rail transport and the place where the airport concerned is Where the Union border is exceeded, the customs office responsible shall be established in the case of other types of transport; "

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

" 23.

Non-invasive alien species listed in the Union list in accordance with Regulation (EU) No 1143/2014 in a category referred to in the Combined Nomenclature codes referred to in the Union list shall be listed in the Union list;

24.

other official controls: specific official controls of invasive alien species listed in Regulation (EC) No 882/2004, and in accordance with Directives 91 /496/EEC and 97 /78/EC. "

4. § 24 (1) reads:

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.

in particular wood in the form of material, staple wood, pallets or packaging material, which is actually used for the transport of objects of all kinds, and

2.

listed invasive alien species,

may be required by the competent official body in the case of Z 1 to meet the requirements of § 23 (1) (2) (2) (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) Where a customs inspection finds that a consignment or a consignment of non-registered, non-registered, invasive alien species contains or consists of, the controlling customs office shall immediately inform the Federal Office of for food security. "

6. In § 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 necessary for the proper enforcement of European Union legislation, in particular Regulation (EU) No 1143/2014, by: Regulation further entry places pursuant to § 2 Z 11 for the purpose of carrying out checks. "

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 are listed in Article 15 (1) of Regulation (EU) No 1143/2014 to the Federal Office for Food Security or in the case of other official controls pursuant to § 2 Z 24, all of the inspection bodies referred to there shall have all the inspection posts for the issuing of an entry document in accordance with Art. 15 (4) of the Regulation (EU) No 1143/2014 required information, including any necessary information to submit written documents. Paragraphs 2 and 3 shall apply mutaecally to the official control of invasive alien species listed in the Official Control Committee. "

8. The following paragraphs 5 to 7 are added in § 28:

" (5) The official control pursuant to Art. 15 (2) to (5) of Regulation (EU) No 1143/2014, with the exception of other official controls according 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 provisions of Regulation (EU) No 1143/2014 and are thus subject to the provisions of Article 15 (5) of Regulation (EU) No In accordance with § 27, the Federal Office for Food Security (Bundesamt für Food Security) has held back 1143/2014, after hearing the importer

1.

to order the consignment in question to be returned without delay; in such case, the certificates submitted shall be marked 'rejected' by the competent control body with the inscription; or

2.

the import

a)

for immediate slaughter or killing or destruction; or

b)

for accommodation in the nearest prescribed quarantine station in accordance with Annex B to Directive 91 /496/EEC, which may provide sufficient capacity for the reception of all animals in the consignment; or

c)

in the case of ungulates or poultry, to be quarantined at the place of destination of the animals,

in cases where a return is not possible or where there is a risk of repayment of veterinary or health-related concerns, or where there is a need for killing or destruction for veterinary reasons, or Further transport of animals, including return on grounds of animal welfare, cannot be authorised.

(7) Official controls pursuant to Section 24 (1) or other official controls pursuant to § 2 Z 24 shall result in the fact that other listed invasive alien species other than those referred to in paragraph 6 do not comply with the provisions of Regulation (EU) No 1143/2014. , and if they are thus withheld in accordance with Article 15 (5) of Regulation (EU) No 1143/2014, they shall be subjected to one or more official measures in accordance with § 30 after consultation of the importer in accordance with Article 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 pursuant to § 2 Z 24 of one of the control bodies mentioned there, has the admissibility of the import of listed invasive alien species in a Confirm receipt 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 information contained in the input document, or

3.

the conditions for the admissibility of electronic input documents

"

10. The previous § 33 para. 3 receives the sales designation " 5 " and reads:

" (5) Only after release

1.

the plants, plant products or other objects referred to in paragraph 1, or

2.

Listed invasive alien species listed in paragraph 3

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

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

" 20a.

listed invasive alien species contrary to the provisions of Art. 7 (1) (lit). (a) Regulation (EU) No 1143/2014 into the territory of the Union, "

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

" 32.

The implementation of measures contrary to § 28 (6) and (7) shall not be tolerated, "

13. In § 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 non-listed invasive alien species."

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

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

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

" 8.

Measures in accordance with Regulation (EU) No 1143/2014, to the extent that this is necessary for the protection of plants against diseases and pests. "

Section 50 (4) reads as follows:

" 4.

§ 28 (6) insofar as it concerns other official controls according to § 2 Z 24, the Federal Minister of Health, "

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

Fischer

Faymann