Plant Protection Regulation 2011

Original Language Title: Änderung der Pflanzenschutzverordnung 2011

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266. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management, which amended the Plant Protection Regulation 2011

On the basis of § § 6, 16 and 45 of the Plant Protection Act 2011, BGBl. I n ° 10/2011, as last amended by the Federal Law BGBl. I No 189/2013, shall be arranged:

The Plant Protection Regulation 2011, BGBl. II No 299/2011, as last amended by the BGBl Regulation. II No 371/2012, shall be amended as follows:

1. In § 3, the word order shall be given in paragraphs 4 and 5 respectively. "Plant passport according to § 6" through the phrase "Plant passport according to § 8" replaced.

(2) In paragraph 8, paragraphs 4 to 6 shall be followed by the word order "in the version of Decision 2007 /201/EC" through the phrase "in the version of the Implementing Decision 2013 /782/EU" replaced.

Section 8 (12) reads as follows:

" (12) The movement of plants in accordance with Article 2 (2) (8), originating in third countries or in delimited areas, in accordance with Articles 2 to 4 of implementing Decision 2012/138/EU, is required for the implementation of implementing decision 2012/138/EU, in particular: in order to ensure their origin, by way of derogation from Article 17 of the Plant Protection Act 2011, only if a plant passport valid for the area in question is attached to them, their packaging or to the means of transport and the plant passport in question in Annex I to the Implementing Decision 2012/138/EU ".

4. The following paragraphs 6 and 7 are added to § 19:

" (6) The Federal Office for Food Safety, in the case of forest plants, plant products or other regulated objects, the Federal Office of Forest, may, if the original of the plant health certificate or plant health certificate for the re-exportation of the consignment at the time of import control, the importation of the plants, plant products or other regulated objects, at the request of the declarant, shall also be different from the provisions of the fourth paragraph of this Article. Section of the Plant Protection Act 2011, if within a reasonable period to be determined by the relevant authority responsible for the import

1.

the original certificate shall be attached; or

2.

the original certificate is replaced by an exchange certificate ("replacement of phytosanitary certificate") corresponding to the requirements of the International Standards of Phytosanitary Measures No 12 (FAO, Rome 2011).

(7) The condition for the authorization referred to in paragraph 6 shall be, in particular, that:

1.

there has been no infestation by harmful organisms during the official examination of the consignment pursuant to section 23 (1) Z 2 or in accordance with section 23 (2),

2.

In any event, a copy of the original certificate shall be provided,

3.

they are consignments which are slightly or rapidly perishable; and

4.

these are justifiable exceptional cases. "

5. In 21 Z 1 the word sequence " as amended by Directive 2009 /7/EC amending Annexes I, II, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into and spread of organisms harmful to plants, and Plant products (OJ L 327, 22. No. L 40 of 11.02.2009 S 12) " through the phrase " as amended by the Implementing Directive 2014 /19/EU amending Annex I to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction and spread of harmful organisms of plants, and Plant products (OJ L 327, 22. No. 30) and the Implementing Directive 2014 /78/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures for the protection of the Community against the introduction and spread of harmful organisms of plants and plant products (OJ L 136, 30.4.2004 No. (OJ L 183, 24.6.2014 p. 23) replaced.

6. In § 21 Z 2, the word order shall be " as amended by Directive 2008 /64/EC amending Annexes I to IV to Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2008, p. No. OJ L 168, 28.6.2008 (S 31) through the phrase " as amended by the Implementing Directive 2014 /78/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures for the protection of the Community against the introduction and spread of harmful organisms of plants and plant products (OJ No. 23) and of the implementing Directive 2014 /83/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures to protect the Community against the introduction into and the spread of Harmful organisms of plants and plant products (OJ L 136, 30.4.2004, p. No. (OJ L 186, 26.6.2014 p. 64) replaced.

7. In § 21 Z 3, the word order shall be " as amended by Directive 2009 /7/EC amending Annexes I, II, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into and spread of organisms harmful to plants, and Plant products (OJ L 327, 22. No. L 40 of 11.2.2009 S 12) " through the phrase " as amended by the Implementing Directive 2014 /78/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures for the protection of the Community against the introduction and spread of harmful organisms of plants and plant products (OJ No. 23) and of the implementing Directive 2014 /83/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures to protect the Community against the introduction into and the spread of Harmful organisms of plants and plant products (OJ L 136, 30.4.2004, p. No. (OJ L 186, 26.6.2014 p. 64) replaced.

8. In § 21 Z 4, the word order shall be " as amended by Directive 2010 /1/EC amending Annexes II, III and IV to Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 22.11.2010, p. No. OJ L 7, 12.1.2010 S 17) through the phrase " as amended by the Implementing Directive 2014 /78/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures for the protection of the Community against the introduction and spread of harmful organisms of plants and plant products (OJ No. 23) and of the implementing Directive 2014 /83/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures to protect the Community against the introduction into and the spread of Harmful organisms of plants and plant products (OJ L 136, 30.4.2004, p. No. (OJ L 186, 26.6.2014 p. 64) replaced.

9. In § 21 Z 6, the word order shall be " as amended by Directive 2010 /1/EC amending Annexes II, III and IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants and harmful organisms, and Plant products (OJ L 327, 22. No. OJ L 7, 12.1.2010 S 17) through the phrase " as amended by the Implementing Directive 2014 /78/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures for the protection of the Community against the introduction and spread of harmful organisms of plants and plant products (OJ No. 23) and of the implementing Directive 2014 /83/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures to protect the Community against the introduction into and the spread of Harmful organisms of plants and plant products (OJ L 136, 30.4.2004, p. No. (OJ L 186, 26.6.2014 p. 64) replaced.

10. In § 21 Z 7, the word order shall be " as amended by Directive 2009 /118/EC amending Annexes I to IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community 1. No. OJ L 239, 10.9.2009 S 51) " through the phrase " as amended by the Implementing Directive 2014 /78/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures for the protection of the Community against the introduction and spread of harmful organisms of plants and plant products (OJ No. 23) and of the implementing Directive 2014 /83/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures to protect the Community against the introduction into and the spread of Harmful organisms of plants and plant products (OJ L 136, 30.4.2004, p. No. (OJ L 186, 26.6.2014 p. 64) replaced.

11. In § 21 Z 8, the word order shall be " as amended by Directive 2010 /1/EC amending Annexes II, III and IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants and harmful organisms, and Plant products (OJ L 327, 22. No. OJ L 7, 12.1.2010 S 17) through the phrase " as amended by the Implementing Directive 2014 /78/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures for the protection of the Community against the introduction and spread of harmful organisms of plants and plant products (OJ No. 23) and of the implementing Directive 2014 /83/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures to protect the Community against the introduction into and the spread of Harmful organisms of plants and plant products (OJ L 136, 30.4.2004, p. No. (OJ L 186, 26.6.2014 p. 64) replaced.

12. In § 21 Z 9 lit. a becomes the phrase " as amended by Directive 2009 /118/EC amending Annexes I to IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community 1. No. OJ L 239, 10.9.2009 S 51) " through the phrase " as amended by the Implementing Directive 2014 /78/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures for the protection of the Community against the introduction and spread of harmful organisms of plants and plant products (OJ No. 23) and of the implementing Directive 2014 /83/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures to protect the Community against the introduction into and the spread of Harmful organisms of plants and plant products (OJ L 136, 30.4.2004, p. No. (OJ L 186, 26.6.2014 p. 64) replaced.

13. In § 21 Z 9 lit. b becomes the phrase " as amended by Directive 2009 /118/EC amending Annexes I to IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community 1. No. OJ L 239, 10.9.2009 S 51) " through the phrase " as amended by the Implementing Directive 2014 /78/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures for the protection of the Community against the introduction and spread of harmful organisms of plants and plant products (OJ No. 23) and of the implementing Directive 2014 /83/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC on measures to protect the Community against the introduction into and the spread of Harmful organisms of plants and plant products (OJ L 136, 30.4.2004, p. No. (OJ L 186, 26.6.2014 p. 64) replaced.

14. In § 22, after Z 43 the point is replaced by a stroke point and the following Z 44 to 46 are added:

" 44.

Implementing Directive 2014 /19/EU amending Annex I to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 30.4.2000, p. No. OJ L 38, 6.2.2014 p. 30);

45.

Implementing Directive 2014 /78/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into and spread of organisms harmful to plants, and Plant products (OJ L 327, 22. No. OJ L 183, 24.6.2014, p. 23);

46.

Implementing Directive 2014 /83/EU amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction and spread of harmful organisms of plants and Plant products (OJ L 327, 22. No. (OJ L 186, 26.6.2014 p. 64)

15. In § 23, the following paragraph 3 is added:

" (3) § 21 Z 1 to 4 and Z 6 to 9 lit. b and § 22 in the version of the BGBl Regulation. II No 266/2014 shall be 1. October 2014, in force. "

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