Verwaltungsgerichtsbarkeits Adjustment Act Bmlfuw - Agriculture And Forestry

Original Language Title: Verwaltungsgerichtsbarkeits-Anpassungsgesetz-BMLFUW – Land- und Forstwirtschaft

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189. Federal Law, with which the Agricultural Procedure Act 1950, the Basic Law for the Basic Law in 1951, the Basic Law 1951 relating to the treatment of forest and grazing rights as well as special field service, the goods and ropeway basic law 1967, the Forestry Act in 1975, the Forestry Inheritance Law 2002, the BFW Act, the Fertilizer Act in 1994, the Feed Law 1999, the Health and Food Safety Act, the Plant Protection Act 2011, the Plant Protection Act 2011, the Plant Law 1997, the Rebenverkehrsgesetz 1996, The Plant Variety Protection Act 2001, the Wine Act 2009, the Market Order Act 2007 and the Marketing Standards Act are amended and the Agriculture Authority Act is repealed in 1950 (Administrative Jurisdictions-Adaptation Act-BMLFUW-Land-and Forestry)

The National Council has decided:

table of contents

Item Subject matter

Article 1

Amendment of the Agricultural Procedure Act 1950

Article 2

Amendment of the Basic Law for the Basic Law 1951

Article 3

Amendment of the Basic Law 1951 relating to the treatment of forest and grazing rights as well as special field service

Article 4

Amendment of the Goods and Seilwege-Grundsatzgesetz 1967

Article 5

Amendment of the Forest Act 1975

Article 6

Amendment of the Formal Inheritance Law 2002

Article 7

Amendment of the BFW Act

Article 8

Amendment of the 1994 Fertiliser Act

Article 9

Amendment of the Animal Feed Act 1999

Article 10

Amendment of the Health and Food Safety Act

Article 11

Amendment of the Plant Protection Act 2011

Article 12

Amendment of the Plant Protection Products Act 2011

Article 13

Amendment of the Plant Protection Act 1997

Article 14

Amendment of the Rebenverkehrsgesetz 1996

Article 15

Amendment of the Plant Variety Protection Act 2001

Article 16

Amendment of the Wine Act 2009

Article 17

Amendment of the Law on the Market Rules 2007

Article 18

Amendment of the Marketing Standards Act

Article 19

Repeal of the Agricultural Authority Act 1950

Article 1

Amendment of the Agricultural Procedure Act 1950

The Agricultural Procedure Law-AgrVG. 1950, BGBl. No. 173/1950, as last amended by the Federal Law BGBl. I n ° 57/2002, shall be amended as follows:

1. In the heading to Section I, the word shall be: "Agricultural authorities" by the word "Agricultural Authority" replaced.

2. § 1 together with the headline is:

" Application of the General Administrative Procedure Act

§ 1. In the case of soil reform proceedings before the agricultural authority, the General Administrative Procedure Act 1991, BGBl, shall apply unless otherwise specified below. No 51/1991, with the exception of § 78. '

3. § 2 together with the title is:

" Agriculture Authority

§ 2. Authority within the meaning of this federal law is the authority responsible in matters of land reform (agricultural authority). "

4. In § 3, the phrase "the agricultural authorities" through the phrase "the agricultural authority" replaced.

5. In § 5 (4) and in the title to § 7, the word "Appointments" by the word "Complaints" replaced.

6. § 6 together with the title shall be deleted.

7. In Section 7 (3), the word "Deadline for appeal" by the word "Complaint period" replaced.

8. In § 7 (4) the word "Appointments" through the phrase "Complaints to the State Administrative Court" replaced.

9. In Section 7a (3), the word "Appeals right" by the word "Complaint of appeal" replaced.

10. Section II. No.

11. In § 14 there is no need for a parenthesis "findings"; the phrase "Agricultural authorities and those of them" is due to the phrase "Agricultural authority and the one of it" replaced.

12. In accordance with § 17 (4), the following paragraph 5 is added:

" (5) The title to section I., § § 1 and 2 including headlines, § 3, § 5 (4), the title to § 7, § 7 (3) and (4), § 7a (3) and § 14 in the version of the Federal Law BGBl. I n ° 189/2013 will be 1. January 2014 shall enter into force; at the same time, § 6, together with the title and Section II. shall be repeal. "

Article 2

Amendment of the Basic Law for the Basic Law 1951

(Policy determination)

The Basic Law for the Basic Law 1951, BGBl. No 103/1951, as last amended by the Federal Law BGBl. I No 87/2005, shall be amended as follows:

1. § 10 (5) reads:

" (5) If the severance payment passed to a party was unlawful, this party may, within four weeks from the entry of the legal force of the merger plan with appeal to the Landesverwaltungsgericht (Regional Administrative Court), the compensation of the damage resulting from the settlement. Desire. "

2. In Section 11 (1), the word "Appeals" by the word "Complaints real" replaced.

3. In Section 12 (2), the word "Appointments" by the word "Complaints" replaced.

4. In the title of the III. Section, section 34 (3), (4), (6) and (7) and 36 (2) shall be the word "Agricultural authorities" by the word "Agricultural Authority" replaced.

5. In § 33, § 34 (5), § 35 (1) and § 39, the word order shall be "the agricultural authorities" through the phrase "the agricultural authority" replaced.

6. According to § 33, the following § 33a and heading is inserted:

" Obligation to transfer

§ 33a. The State Administrative Court has sent the Federal Minister for Agriculture, Forestry, Environment and Water Management to submit written copies of the findings of the Federal Law on the matters of this Federal Law. "

7. In § 34b (8), in the first sentence, the citation shall be " BGBl. I No 153/2004 " by quoting " BGBl. I No 77/2012 " replaced. In the second sentence, the word sequence is omitted. " , BGBl. No 697/1993, as amended by the Federal Law BGBl. I No 153/2004 " .

8. In § 34b (9) the word order shall be "To take legal action and complain to the Administrative Court" through the phrase "Complaint to the State Administrative Court and Revision to the Verwaltungsgerichtshof" replaced.

9. In § 34b (10) the phrase in the second sentence shall be: "Complaint to the Verwaltungsgerichtshof" through the phrase "Revision to the Verwaltungsgerichtshof" replaced.

10. In Section 35 (2), the word order shall be "Agricultural authorities decide" through the phrase "Agricultural authority decides" replaced.

11. In Section 36 (1), the phrase "have agricultural authorities" through the phrase "Agricultural authority has" replaced.

Section 43 (3) reads as follows:

"(3) The amount of land used by the basic booking court for a private legal reason shall be taken out of the basic book."

13. In § 45 (1) and (2), the word "Court" in each case by the word "Grundbuchsgericht" replaced.

14. In § 46, before the word "Court" the word "ordinary" inserted.

15. In § 47 (1), before the word "Courts" the word "ordinary" inserted.

16. In § 52, in the third and fourth sentence, the word "Court" by the word "Court of Appeal" replaced.

(17) The following paragraph 3 is added to Section 54a:

" (3) The implementing laws of the Länder on the in § § 10 para. 5, 11 para. 1, 12 para. 2, 33, 33a, 34 paragraphs 3, 4, 5, 6 and 7, 34b para. 8, 9 and 10, 35 para. 1 and 2, 36 para. 1 and 2, 39, 43 para. 3, 45 para. 1 and 2, 46, 47 para. 1 and 52 in the version of the Federal Law BGBl. No 189/2013 principles shall be adopted within six months of the date of entry into force of this Federal Act and shall have to provide for the changes to be made to the 1. January 2014 will enter into force. "

Article 3

Amendment of the Basic Law 1951 relating to the treatment of forest and grazing rights as well as special field service

(Policy determination)

The Basic Law of 1951 on the treatment of forest and grazing rights as well as special field service, BGBl. No 103/1951, as last amended by the Federal Law BGBl. I n ° 14/2006, is hereby amended as follows:

1. In Section 1 (2), the word order shall be "a realization" through the phrase "a communication" replaced.

2. In § 32 (2) (1) (1) the word "judicial" through the phrase "through a proper court" replaced.

3. In the title of VI. Section, § 34 (2) and (4) and § 34a (5) shall be the word "Agricultural authorities" by the word "Agricultural Authority" replaced.

4. In § 33 (1) and § 34 (3), the word order shall be "the agricultural authorities" through the phrase "the agricultural authority" replaced.

5. In Section 33 (2), the word order shall be "These authorities decide" through the phrase "The agricultural authority decides" replaced.

6. In § 33 (4), before the word "Courts" the word "ordinary" inserted.

7. According to § 33, the following § 33a and heading is inserted:

" Obligation to transfer

§ 33a. The State Administrative Court has sent the Federal Minister for Agriculture, Forestry, Environment and Water Management to submit written copies of the findings of the Federal Law on the matters of this Federal Law. "

8. In § 34b (8), in the first sentence, the citation shall be " BGBl. I No 153/2004 " by quoting " BGBl. I No 77/2012 " replaced. In the second sentence, the word sequence is omitted. " , BGBl. No. 697/1993 in the version of the Federal Law BGBl. I No 153/2004 " .

9. In § 34b (9) the word order shall be "To take legal action and complain to the Administrative Court" through the phrase "Complaint to the State Administrative Court and Revision to the Verwaltungsgerichtshof" replaced.

10. In § 34b (10), the phrase in the second sentence shall be: "Complaint to the Verwaltungsgerichtshof" through the phrase "Revision to the Verwaltungsgerichtshof" replaced.

11. In Section 38 (1), the phrase "a final recognition by the agricultural authorities or by a legal business approved by them" through the phrase "a final decision by the agricultural authority or by a legal business approved by it" replaced.

Section 39 is added to the following paragraph 4:

" (4) The implementing laws of the Länder on the version of the Federal Law BGBl in the version of § § 1 (2), 32 (2) (1), 33 (1), 2 and 4, 33a, 34 (2), (3) and (4), 34a (5), 34b (8), (9) and (10) and (38) (1). No 189/2013 principles shall be adopted within six months of the date of entry into force of this Federal Act and shall have to provide for the changes to be made to the 1. January 2014 will enter into force. "

Article 4

Amendment of the Goods and Seilwege-Grundsatzgesetz 1967

(Policy determination)

The Goods-and Seilwege-Grundsatzgesetz 1967, BGBl. No 198/1967, as last amended by the Federal Law BGBl. I n ° 39/2000, is amended as follows:

1. In § 7, the word order shall be " § § 4 (2) to 9 of the Railways Act 1954, Federal Law Gazette (BGBl). Nr. 71, " through the phrase " of the Railways Enpropriation Compensation Act-EisbEG, BGBl. No. 71/1954, " replaced.

2. In § 13, para. 1, fourth sentence, the word order shall be "Agriculture authorities will decide" through the phrase "Agriculture authority will decide" replaced.

3. In accordance with § 16, the following § 16a and title shall be inserted:

" Obligation to transfer

§ 16a. The State Administrative Court has sent the Federal Minister for Agriculture, Forestry, Environment and Water Management to submit written copies of the findings of the Federal Law on the matters of this Federal Law. "

4. The following paragraph 6 is added to Article 20 (5):

,, (6) The implementing laws of the Länder to those in the § § 7, 13 para. 1 and 16a in the version of the Federal Law BGBl. No 189/2013 principles shall be adopted within six months of the date of entry into force of this Federal Act and shall have to provide for the changes to be made to the 1. January 2014 will enter into force. "

Article 5

Amendment of the Forest Act 1975

The Forestry Act 1975, BGBl. No. 440/1975, as last amended by the Federal Law BGBl. I No 55/2007, is amended as follows:

1. § 170 (6) is deleted.

2. The following paragraph 8 is added to § 179:

" (8) The repeal of Section 170 (6) with the Federal Act BGBl. I n ° 189/2013 comes with 1. Jänner 2014 in force. "

Article 6

Amendment of the Formal Inheritance Law 2002

The Forestry Propagating Material Act 2002, BGBl. I n ° 110/2002, in the version of the Federal Law BGBl. I No 86/2009, shall be amended as follows:

1. § 42 (1) and (2) and the sales designation "(3)" .

(2) The following paragraph 3 is added to § 45:

"(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is a matter-of-fact to be considered by the competent authority."

3. The text of § 48 shall be the sales designation "(1)" , the following paragraph 2 is added:

" (2) § 42 and § 45 (3) in the version of the Federal Law BGBl. I n ° 189/2013 will be 1. Jänner 2014 in force. "

Article 7

Amendment of the BFW Act

The BFW Act, BGBl. I n ° 83/2004, in the version of the Federal Law, BGBl. I No 87/2005, shall be amended as follows:

1. In Section 3 (2), the word order shall be " Plant Protection Act 1995, BGBl. No. 532 " through the phrase " Plant Protection Act 2011, BGBl. I No 10/2011 " replaced.

2. § 3 (3) reads:

"(3) The Federal Minister for Agriculture, Forestry, Environment and Water Management is a competent authority for the authority of the authorities."

3. The following § 27 together with the title is added:

" Entry Into Force of Novel Rules

§ 27. § 3 (3) in the version of the Federal Law BGBl. I n ° 189/2013 will take place on 1 January 2013. Jänner 2014 in force. "

Article 8

Amendment of the 1994 Fertiliser Act

The Fertilizer Act 1994, BGBl. No. 513/1994, in the version of the Federal Law BGBl. I No 87/2005, shall be amended as follows:

1. § 11 para. 3 2. sentence reads:

"The Federal Minister for Agriculture, Forestry, the Environment and Water Management is a competent authority for the authority of the authorities."

(2) The following paragraph 5 is added to § 24:

" (5) § 11 para. 3 in the version of the Federal Law BGBl. I n ° 189/2013 will take place on 1 January 2013. Jänner 2014 in force. "

Article 9

Amendment of the Animal Feed Act 1999

The Animal Feed Act 1999, BGBl. I n ° 139/1999, as last amended by the Federal Law Gazette (BGBl). I No 114/2012, shall be amended as follows:

1. § 16 (4) reads:

" (4) The Authority shall apply the AVG. The Federal Minister for Agriculture, Forestry, the Environment and Water Management is a competent authority for the authority of the authorities. "

Section 17 (11) is deleted.

3. The following paragraph 3 is added to § 21:

" (3) The Federal Office for Food Security has party status, including the right of appeal in proceedings under this Federal Act, which is carried out before the district administrative authorities or administrative courts and due to an indication of a the supervisory body of the federal government. The Federal Office of Food Security is to be granted the modesty. The Federal Office for Food Security has the right to review the revision to the Administrative Court. "

4. The following paragraph 4 is added to § 24:

" (4) § 16 (4) and § 21 (3) in the version of the Federal Law BGBl. I n ° 189/2013 and the repeal of Section 17 (11) shall take place on 1 January 2013. Jänner 2014 in force. "

Article 10

Amendment of the Health and Food Safety Act

The Health and Nutrition Security Act, BGBl. I No 63/2002, as last amended by the Federal Law Gazette (BGBl). I No 48/2013, shall be amended as follows:

1. § 6 Abs.1 reads:

" § 6. (1) The Federal Office of Food Security shall be responsible for the enforcement of the tasks assigned to it in the following federal laws:

1.

Fertilizer Act 1994,

2.

Animal Feed Act 1999,

3.

Plant Protection Act 2011,

4.

Plant Protection Products Act 2011,

5.

Herbal Law 1997,

6.

1997 seed law,

7.

Sortenschutzgesetz 2001 and

8.

Marketing Standards Act. "

2. § 6 para. 2 reads:

" (2) The Federal Office for Food Security is a subordinate service of the Federal Ministry of Agriculture, Forestry, Environment and Water Management. The Federal Minister for Agriculture, Forestry, the Environment and Water Management is a competent authority for the authority of the authorities. "

3. In § 8 (2) Z 11 the phrase "of the Plant Protection Products Act 1997" through the phrase "of the Plant Protection Products Act 2011" as well as the phrase "according to the Plant Protection Act 1995" through the phrase "according to the Plant Protection Act 2011" replaced.

4. In § 8 para. 2 Z 12 the word shall be "Quality Class Law" by the word "Marketing Norms Act" replaced.

5. In Section 11 (4), after the word "Soil Fertility" the phrase "and soil protection" inserted.

6. The following § 21 and title shall be added:

" Entry Into Force of Novel Rules

§ 21. Section 6 (2) in the version of the Federal Law BGBl. I n ° 189/2013 will take place on 1 January 2013. Jänner 2014 in force. "

Article 11

Amendment of the Plant Protection Act 2011

The Plant Protection Act 2011, BGBl. I No 10/2011, shall be amended as follows:

1. In § 37, the word order shall be "Plant Protection Act 1995" through the phrase "Plant Protection Act 2011" replaced.

2. In Section 37 (2), the word order shall be "Bundesamt und Forschungszentrum für Wald" through the phrase "Bundesamt für Wald" replaced.

Section 46 (2) reads as follows:

"(2) The Federal Minister for Agriculture, Forestry, Environment and Water Management is a competent authority for the authority of the authorities."

4. The following paragraph 5 is added to § 49:

" (5) § 46 (2) in the version of the Federal Law BGBl. I n ° 189/2013 will take place on 1 January 2013. Jänner 2014 in force. "

Article 12

Amendment of the Plant Protection Products Act 2011

The Plant Protection Products Act 2011, BGBl. I No 10/2011, shall be amended as follows:

1. The heading of § 15 reads as follows:

"Criminal provisions and responsibilities"

Section 15 (4) reads as follows:

" (4) The Federal Office for Food Security has party status, including the right of appeal in proceedings under this Federal Act, which is carried out before the district administrative authorities or administrative courts and due to an indication of a the supervisory body of the federal government. The Federal Office of Food Security is to be granted the modesty. The Federal Office for Food Security has the right to review the revision to the Administrative Court. "

Section 15 (5) reads as follows:

"(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is a competent authority for the authority of the authorities."

(4) The following paragraph 10 is added to § 18:

" (10) § 15 (4) and (5) in the version of the Federal Law BGBl. I n ° 189/2013 will take place on 1 January 2013. Jänner 2014 in force. "

Article 13

Amendment of the Plant Protection Act 1997

The Plant Crop Act 1997, BGBl. I No 73/1997, in the version of the Federal Law BGBl. I No 86/2009, shall be amended as follows:

1. In Section 1 (1) (2), the word order shall be "Directive 92 /33/EEC" through the phrase "Directive 2008 /72/EC" replaced.

2. § 12 (3) Z 3 reads:

" 3.

they have already been placed on the market before 30 September 2012 in the Federal Republic of Germany or in the territory of another Member State, and an officially recognized description of the shall be in place. "

The second sentence of Article 17 (1) reads as follows:

"The Federal Minister for Agriculture, Forestry, the Environment and Water Management is a competent authority for the authority of the authorities."

(4) The following paragraph 7 is added to § 20:

" (7) § 17 para. 1 in the version of the Federal Law BGBl. I n ° 189/2013 will take place on 1 January 2013. Jänner 2014 in force. "

Article 14

Amendment of the Rebenverkehrsgesetz 1996

The Rebenverkehrsgesetz 1996, BGBl. No 418/1996, in the version of the Federal Law BGBl. I No 110/2002, will be amended as follows:

1. § 20 (3) second sentence reads:

"The Federal Minister for Agriculture, Forestry, the Environment and Water Management is a competent authority for the authority of the authorities."

(2) The following paragraph 3 is added to § 22:

" (3) § 20 (3) in the version of the Federal Law BGBl. I n ° 189/2013 will take place on 1 January 2013. Jänner 2014 in force. "

Article 15

Amendment of the Plant Variety Protection Act 2001

The Plant Variety Protection Act 2001, BGBl. I No 109/2001, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 42/2005, shall be amended as follows:

1. § 19 (2) reads:

"(2) The Federal Minister for Agriculture, Forestry, Environment and Water Management is a competent authority for the authority of the authorities."

2. In § 19, the previous paragraph 3 is deleted; the previous paragraphs 4 and 5 receive the sales designations 3 and 4.

3. The following paragraph 4 is added to § 28:

" (4) § 19 in the version of the Federal Law BGBl. I n ° 189/2013 will take place on 1 January 2013. Jänner 2014 in force. "

Article 16

Amendment of the Wine Act 2009

The Wine Act 2009, BGBl. I n ° 111/2009, in the version of the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. In § 25 (15) the phrase is deleted " The Federal Office for Agriculture, Forestry, the Environment and Water Management can be appealed against the federal office of the Federal Office of the Federal Republic of Germany. " .

2. In § 46 (6) the phrase "or independent administrative senates in the countries" through the phrase "or administrative courts" and the phrase "The right to collect the complaint" through the phrase "The right to review the revision" replaced.

Section 46 (8) reads as follows:

"(8) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is a competent authority for the authority of the authorities."

4. In § 74, the following paragraph 3 is added:

" (3) § 25 (15), § 46 (6) and § 46 (8) in the version of the Federal Law BGBl. I n ° 189/2013 will be 1. Jänner 2014 in force. "

Article 17

Amendment of the Law on the Market Rules 2007

The Market Order Law 2007-MOG 2007, BGBl. I n ° 55/2007, as last amended by the Federal Law BGBl. I n ° 21/2012, shall be amended as follows:

1. § 13 (1) reads:

" (1) The provisions of the Federal Tax Code (BAO), Federal Law Gazette (BGBl) shall apply to levies on market regulations which are levied within the framework of the provisions of the Community rules on the market order. No 194/1961, as amended by this Federal Act or by Regulation on the basis of this Federal Act, is not otherwise determined. As far as the provisions of the BAO are to be applied, the relevant market regulatory and paying agency is responsible for the enforcement of this provision as a duty authority within the meaning of section 49 (1) of the BAO; the Federal Minister for Agriculture and Forestry is also responsible, Environment and water management Higher authority in the exercise of supervisory law. "

2. § 19 (1) to (4) reads:

" (1) The AMA shall, at the same time as the decision on the granting of the premium of an application year, also discuss all applications relating to this year of application, which are directly related to the relevant support scheme.

(2) In addition to the reasons stated in § § 68 AVG, the measures referred to in § § 7, 8 and 10 may be repealed or amended by the authority that has issued the communication, in addition to the reasons stated in § 68 AVG, to the extent that this is to be fulfilled. unionslegal requirements.

(3) The Federal Administrative Court may apply the AMA in accordance with the requirements in the knowledge to carry out the appropriate calculations and to communicate the result in a modest way.

(4) In the case of proceedings concerning the proceedings, which shall amend, repeal or replace the findings of the Federal Administrative Court, the AMA shall be bound by the relevant legal opinion, which is relevant for the findings. "

3. The following paragraphs 7 to 9 are added to § 19:

" (7) By way of derogation from § 14 Administrative Court Procedure Act-VwGVG, BGBl. I No 33/2013, the time limit for a preliminary appeal decision shall be four months.

(8) The Federal Administrative Court has notified the Federal Minister for Agriculture, Forestry, the Environment and Water Management of the findings which have been made in the area of the common market organisations in a technically appropriate manner.

(9) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may object to a recognition of the Federal Administrative Court for unlawfulness against a recognition of the Federal Administrative Court. "

4. The following paragraph 4 is added to § 27:

" (4) For the purpose of carrying out the tasks of the decision on complaints, the Federal Administrative Court shall be entitled to the personal and operational data of the complaining establishment holders and other market participants by means of read access to the electronic databases of the AMA, which are established in the field of the integrated administration and control system and the identification and registration of bovine animals, in compliance with the data security measures in accordance with § 14 of the Data Protection Act 2000- DSG 2000, BGBl. I n ° 165/1999, as amended. '

5. In Section 30a (2), the word "vocation" by the word "Complaint" replaced.

(6) The following paragraph 7 is added to § 32:

" (7) § § 13 (1), 19 (1) to (4) and (7) to (9), 27 (4) and (30a) (2) in the version of the Federal Law BGBl. I n ° 189/2013 will be 1. Jänner 2014 in force. "

Article 18

Amendment of the Marketing Standards Act

The marketing standards act-VNG, BGBl. I n ° 68/2007, in the version of the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. In § 22 (2), the word "vocation" by the word "Complaint" replaced.

(2) The following paragraph 1a is inserted in Article 26:

" (1a) § 22 (2) in the version of the Federal Law BGBl. I n ° 189/2013 comes with 1. Jänner 2014 in force. "

Article 19

Repeal of the Agricultural Authority Act 1950

The Agricultural Authority Act 1950, BGBl. No. 1/1951, as last amended by the Federal Law BGBl. I No 191/1999, will expire on 31 December 2013.

Fischer

Faymann