Wood Trading Supervision Act, As Well As Change Of The Bfw-Law

Original Language Title: Holzhandelsüberwachungsgesetz sowie Änderung des BFW-Gesetzes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_178/BGBLA_2013_I_178.html

178. Federal law, is a wooden trading surveillance law passed with the BFW Act amended

The National Council has decided:

Article 1

Federal law on the monitoring of trade in timber (wood trading supervision Act - HolzHÜG)

1 section

General terms and conditions

Scope of application

1. (1) this federal law serves implementing 1 of Regulation (EC) No. 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community, OJ No. L 347 of the 30.12.2005 p. 1, and 2. their complementary or implementing measures, such as Regulation (EC) no 1024/2008 laying down detailed rules for the application of Regulation (EC) No. 2173/2005 establishing a FLEGT licensing scheme for imports of timber into the European Community, OJ No. L 277 of October 18, 2008 S. 23, as well as 3 of the Regulation (EU) No. 995/2010 concerning the obligation of market participants, the timber and timber products on the market bring, OJ No. L 295 of the 12.11.2010 S. 23, and 4 whose complementary or implementing measures, such as a) delegated Regulation (EU) No. 363/2012 to the rules of procedure for the recognition and withdrawal of recognition of monitoring organisations in accordance with the Regulation (EU) No. 995/2010 concerning the obligation of market participants, the timber and timber products on the market bring, OJ L 115 of 27 S. 12 and b) of the implementing Regulation (EU) No. 607/2012 on the detailed regulations for the due diligence system and frequency and type of controls the monitoring organisations bring no. 995/2010 concerning the obligation of market participants, the timber and timber products on the market in accordance with the Regulation (EU), OJ No. L 177 of the 07.07.2012 p. 16.

(2) the definitions of the acts referred to in paragraph 1 shall apply of this federal law. Third country shall be considered to be any State which is not member of the European Union or is equivalent to the Member States of the European Union.

Authorities

§ 2 (1) competent authorities to perform the acts referred to in article 1 and execution of this Federal Act, unless else is intended, are: 1 the federal forest a) with regard to the referred to in article 1, paragraph 1 Nos. 1 and 2 acts;

b) with regard to the referred to in § 1 para 1 Nos. 3 and 4 acts, where wood or wood products are concerned, the aa) imported from a third country into the internal market of the European Union or bb) from another Member State of the European Union or one of the Member States of the European Union equal State; transferred to Austria

2. the district administrative authority with regard to the referred to in § 1 para 1 Nos. 3 and 4 acts, if not the responsibility of the Federal Office for forests to subpara 1 lit. b is given.

(2) the Federal Office for forests is also the partner of the European Commission in accordance with article 7 paragraph 1 of Regulation (EC) No. 2173/2005.

Cooperation between customs authorities and other authorities

3. (1) the Customs authorities Act No. at the completion of the legal acts referred to in paragraph 1, as well as this Federal Act concerning the importation 1 wood products according to Regulation (EC) 2173/2005 of partner countries and 2 of wood and wood products according to Regulation (EU) No. 995/2010 from third countries with.

(2) the Customs authorities have particularly 1 the obtained during their customs activities, also personal information that are required for the implementation of the legal acts referred to in paragraph 1, as well as the enforcement of this Act, responsible authorities to inform the Federal Office for forests or other with the execution of this Federal Act, 2.
Measures according to article 5 paragraph 7 of Regulation (EC) to take no. 2173/2005 and 3 wood products only in accordance with article 11 paragraph 2 of Regulation (EC) No. 1024/2008 the release for free circulation to leave.

(3) that with the enforcement of Regulation (EC) No 338 / 97 on the protection of species of wild fauna and flora by regulating trade, OJ No. L 61 of the 03.03.1997 p. 1, as last amended by Regulation (EC) No. 1158/2012, OJ No. L 339 of the 12.12.2012 p. 1 participate responsible authorities according to § 11 par. 3 in the execution of this Federal Act.

2. section

Tasks of the authorities

Monitoring, supervisory bodies

§ 4 (1) the competent authorities according to § 2 para 1 is whether the monitoring of the compliance with the provisions of this Federal Act and the acts referred to in article 1, paragraph 1. You have to exhibit the bodies (authorities) ID documents dealing with monitoring tasks which have to lead them in their control tasks and to produce upon request.

(2) the supervisory bodies have in particular 1 about every official act a transcript and a provisional seizure to customize a certificate and each a copy of the official act to follow from those affected and 2 notified to a provisional seizure of the competent district administrative authority.

Issuing a prohibition of disposal

§ 5. The investigative services can give a ban on the disposal: 1 the importer about loads of wood products within the meaning of Regulation (EC) No. 2173/2005, when in doubt, whether a valid FLEGT licence exists for this charge, and 2. the entrants on timber and timber products for the purposes of Regulation (EU) No. 995/2010, if there is reasonable suspicion, that this a) contrary to article 4 paragraph 1 or b) contrary to article 4 paragraph 2 in connection with article 6 of this regulation and article 2 to 5 be placed of the implementing Regulation (EU) no 607/2012 on the market.

Examination, sampling, examination and assessment

6. (1) the supervisory bodies can loads of wood products according to § 5 Z 1 or timber and timber products according to § 5 check Z 2 and thereby free of charge samples to the extent necessary remove, examine and examine. Such tests may be also without a doubt in the meaning of § 5 Z 2 Z 1 or a suspicion within the meaning of section 5.

(2) for the conduct of investigations and the creation of opinion, appropriate institutions, other bodies or competent persons as experts can be used.

Arrangement of shipment in a third country

Section 7 (1) If a load of wood products within the meaning of Regulation (EC) No. 2173/2005, in which, noted that she has been logged without valid FLEGT licence to import or introduced, the Federal Office for forests with notice or in danger in delay immediately arranged that the importer, provided that he submits the valid FLEGT licence within one month, to spend the charge immediately and has been proven in a third country has.

(2) if wood or wood products no. 995/2010, in which is established within the meaning of Regulation (EU), that they 1 contrary to article 4 paragraph 1 or 2. contrary to article 4 paragraph 2 in connection with article 6 of this regulation and articles 2 to 5 of the implementing Regulation (EU) No. 607/2012 on the market are brought, immediately associate the Federal Office for forests with notice or the imminent danger has , that of the importer, if he the legal origin of wood or wood products in the sense of article 2 letter f of Regulation (EU) No. 995/2010 proves, the wood or has promptly and verifiably to spend the wood products in a third country within one month.

Arrangement of destruction

§ 8. If the shipment in accordance with § 7 at disproportionate cost were connected, the Federal Office for forests has to rearrange the verifiable destruction of wood products, wood or timber products with notice or in danger in delay immediately the importer if not their seizure or foreclosure has been made.

Cost and risk taking

§ 9 (1) which measures referred to in articles 5 to 8-related costs, this may in form of fees pursuant to article 13, as well as the risk of introduction according to § 7 has with the importer or market participant to wear.

(2) you are measures in accordance with article 6, paragraph 1 by way of derogation from paragraph 1 last to carry set costs associated by the authority if there are infringements of that in article 1, paragraph 1 3 and 4 acts referred to not Z.

Information, support and toleration obligations

Entities and not unincorporated associations have 10 (1) to furnish the necessary information the supervisory bodies to monitor the compliance with the provisions of the acts referred to in paragraph 1, as well as this Act 1, 2. to submit the relevant documents to the inspection, to give inspections in electronic records and to make copies or copies in paper form or on electronic data carriers on request free of charge in justified cases or to furnish within a reasonable period of time , 3. the access to any land, premises and means of transport to allow to open means of transport and containers, 4. to allow the visit, evaluation and free sampling, and 5 sampling persons who are familiar with the operating conditions, as well as equipment necessary, also the discharging of timber products from means of transport available to make.

(2) officials of the European Commission or the Federal Ministry for agriculture and forestry, environment and water management can accompany the bodies in their control activities.

Traffic


§ 11 (1) the Federal Office for forests. the Customs authorities shall immediately inform about the outcome of the screening of FLEGT licences.

(2) the authorities are entitled to provide the European Commission and the competent authorities of other Member States of the European Union or third countries all for the implementation of the legal acts referred to in article 1 EU law necessary information, including personal information, according to article 2, paragraph 1 and article 3.

(3) the authorities according to § 2 para 1 and with the enforcement of Regulation (EC) No. 338/97 concerned authorities have each other information, which are required for implementing the acts referred to in paragraph 1, as well as the execution of this Federal Act, to make available.

(4) for the exchange of data and the compilation of data contained in the FLEGT licences as well as to implementing Regulation (EU) no 995/2010 authorities according to § 2 para 1 and the Customs authorities may use electronic systems.

Reports to the European Union

§ 12 (1) the Federal Office of forest has the reports 1. According to article 8 paragraph 1 of Regulation (EC) No. 2173/2005 and 2. According to article 8 paragraph 4 and section 20, paragraph 1, of the Regulation (EU) No. 995/2010 to create. The drafts of these reports are the Federal Ministry of agriculture and forestry, environment and water management in a timely manner so to submit, that they can be checked and, if necessary, changed.

(2) the Federal Minister for agriculture and forestry, environment and water management has to submit the reports referred to in para 1 to the European Commission.

(3) the authorities according to § 2 para 1 subpara 2 and § 3 have to provide the information required to create the reports referred to in paragraph 1 the Federal Office for forests in a timely manner.

Fees

§ 13. For activities of the Federal Office for forest on the occasion of the execution of this law, cost-covering charges are according to § 3 para 6 of the BFW Act to set. These are 1 with regard to the in article 1, paragraph 1 Z 1 and 2 referred to acts, in any case and 2. with regard to the in article 1, paragraph 1 to pay Z 3 and 4 referred to legislation, in case of the detection of infringements of these acts.

3. section

Criminal and final provisions

Penal provisions

Section 14 (1) who 1 to article 4 paragraph 1 of Regulation (EC) No. 2173/2005 a wood product in the European Union is introducing, 2. contrary to article 4 paragraph 1 of the Regulation (EU) No. 995/2010 brings wood or a wood product in transport, 3. contrary to article 4 No. 995/2010 a due diligence system referred to there, incorrectly or not fully up to date fails to para 3 of the Regulation (EU) or not regularly assessed , pursuant to article 5, first sentence, of the Regulation (EU) No. 995/2010 by a record 4. information not documented or not, incorrectly, incompletely or not timely provides the competent authority on request, as far as the placing on the market within the meaning of article 2 point (b) of Regulation (EU) No. 995/2010 at the time of the request is not more than five years , 5. information according to article 6 paragraph 1 of Regulation (EU) No. 995/2010 in connection with article 3 of the implementing Regulation (EU) No. 607/2012 by a record not documented or the competent authority on request, incorrectly, incompletely or not timely available does not, as far as the placing on the market within the meaning of article 2 point (b) of Regulation (EU) No. 995/2010 at the time of the request is not more than five years , 6 proof to the risk assessment procedure under article 6 paragraph 1 point (b) or to the risk mitigation procedures under article 6 para 1 (c) of Regulation (EU) para 2 of the implementing Regulation (EU) No. 607/2012, which is required by the competent authority fails No. 995/2010, in conjunction with article 5, 7 a measure that is arranged according to § 5, section 7 or section 8, corresponding to the requirements of these provisions does not or not timely comply with , 8 violates article 10 par. 1 Z not, incorrectly, incompletely or not timely issued an information or document 1 or no. 2 or makes available or 9 violates article 10 par. 1 Z 3 to 5 a measure does not condone or support does not pay, commits an administrative offence.

(2) the administrative offence is by the district administrative authority having 1 in the case of paragraph 1 Nos. 1, 2 and 7 with a fine up to €15 000 and 2. in the case of paragraph 1 Nos. 3 to 6, 8 and 9 with a fine up to €7 000 to punish.

(3) a person who intentionally commits an administrative offence pursuant to par. 1 Z 1 or 2 and was punished at least once because of such an Act, is to punish up to 30 €000 fine.

(4) a person is not to punish, if the Act is threatened under other administrative provision with stricter punishment in accordance with paragraphs 1 to 3.

Seizure and foreclosure

Section 15 (1) can the district administrative authority for an administrative offence under section 14 in the sentence that according to Regulation (EC) No. 2173/2005 or of wood and wood products according to Regulation (EU) No. 995/2010, which are the subject of the proceedings, pronounce sentence of decay of wood products and ensuring of the revocation order their seizure.

(2) the arrangement of the Erlags of the amount of money in place of seizure is not allowed.

(3) decaying wood products as well as dilapidated wood or decaying wood products are beneficial to use, unless this appears economically and not according to the Regulation (EC) No. 338/97 is done. Otherwise, these are at the expense of the previous owner to destroy.

Authority to issue regulations

§ 16. The Federal Minister for agriculture and forestry, environment and water management can, as far as's to the 1 enforcement of the prohibition pursuant to article 4 paragraph 1 of Regulation (EC) No. 2173/2005, also in connection with their complementary and detailed rules article 1, paragraph 1 Z 2, or 2. enforcement of the obligations of the market participants pursuant to article 4 of Regulation (EU) No. 995/2010, also in connection with their supplementary and implementing rules article 1 para. 1 No. 4 is required , in particular detailed rules on the conduct of investigations, including the sampling and analytical methods, and details of requests for information, support and toleration obligations adopted by regulation.

Enforcement clause

§ 17. With the completion of this Federal Act 2 of § 13 of the Federal Ministry of agriculture and forestry, environment and water management in consultation with the Federal Minister of finance, and 3 the other provisions of the Federal Minister for agriculture and forestry, environment and water management are entrusted with regard to 1 of section 3, as far as customs are concerned, the Federal Minister of finance.

Linguistic equal treatment

§ 18. All personal names used in this federal law apply equally to persons of both male and female sex.

Reference to legislation

§ 19 references in this federal law to other federal laws or directly applicable European Union law are to be understood as references to the applicable version.

Entry into force

§ 20. This federal law shall enter into force the day of the announcement.

Article 2

Change of the BFW-law

The BFW Act, Federal Law Gazette I no. 83/2004, amended by Federal Law Gazette I no. 87/2005 is amended as follows:

1 in section 3, paragraph 2, the Nos. 1 and 2 by following Z be replaced 1-3: "1 according to the plant protection act, 2011, BGBl. I no. 10/2011, for forest plants in accordance with annex to the Forestry Act 1975, BGBl. No. 440/1975, and plant products, 2. According to forest reproductive propagating material Act 2002, Federal Law Gazette I no. 110/2002, as well as 3 according to wood trading monitoring Act, Federal Law Gazette I no. 178/2013" ,“

2. In § 3 par. 6, penultimate sentence the phrase "Community rules dictated" replaced with the phrase "Provided the Union legislation" and the expression "Paragraph 1" with the expression "Paragraph 2".

Fischer

Faymann