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

Original Language Title: Holzhandelsüberwachungsgesetz sowie Änderung des BFW-Gesetzes

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178. Federal law, which enacted a timber trade surveillance law and amended the BFW Act

The National Council has decided:

Article 1

Federal Law on the Monitoring of Trade in Wood (Wood Trade Surveillance Act-HolzHÜG)

Section 1

General provisions

Scope

§ 1. (1) This federal law serves to carry out

1.

Regulation (EC) No 2173/2005 establishing a FLEGT licensing scheme for imports of timber into the European Community, OJ L 327, 22.11.2005, p. No. OJ L 347, 30.12.2005, p.1, and

2.

their supplementary or implementing provisions, such as Regulation (EC) No 1024/2008 laying down detailed rules for the application of Regulation (EC) No 2173/2005 establishing a FLEGT licensing system for imports of timber into the European Community, 1. No. OJ L 277, 18.10.2008 p. 23, and

3.

Regulation (EU) No 995/2010 on the obligation of operators who place timber and timber products on the market, OJ L 327, 22.9.2010, p. No. OJ L 295, 12.11.2010 p. 23, and

4.

their supplementary or implementing provisions, such as:

a)

Delegated Regulation (EU) No 363/2012 on the procedural rules for the recognition and withdrawal of the recognition of monitoring organisations in accordance with Regulation (EU) No 995/2010 on the obligation of operators, timber and timber to be recognised as Placing timber products on the market, ABL. No. L 115 of 27.04.2012 p. 12, and

b)

of the implementing Regulation (EU) No 607/2012 laying down detailed rules for the due diligence system and the frequency and type of checks carried out by the monitoring organisations in accordance with Regulation (EU) No 995/2010 on the obligation to Market participants who place timber and timber products on the market, OJ L 327, 30.4.2004, p. No. OJ L 177 of 07.07.2012 p. 16.

(2) The definitions of the acts referred to in paragraph 1 shall apply to this Federal Act. The third State shall be any State which is not a Member State of the European Union or which is equal to the Member States of the European Union.

Authorities

§ 2. (1) The competent authorities responsible for the implementation of the acts referred to in § 1 and the enforcement of this Federal Act, unless otherwise specified, are:

1.

the Federal Office of Forests

a)

as regards the acts referred to in Article 1 (1) (1) (1) and (2

b)

in respect of the acts referred to in Article 1 (1) (1) (3) and (4), where timber or timber products are concerned, the

aa)

be imported from a third country into the internal market of the European Union; or

bb)

from another Member State of the European Union or of a State equivalent to the Member States of the European Union

to be moved to Austria;

2.

the district administrative authority with regard to the acts referred to in § 1 (1) (1) (3) and (4), unless the responsibility of the Federal Office of Forests after Z 1 lit. b is given.

(2) The Bundesamt für Wald (Federal Office of Forest) is also the contact person of the European Commission within the meaning of Article 7 (1) of Regulation (EC) No 2173/2005.

Participation of customs authorities and other authorities

§ 3. (1) The customs authorities shall act in respect of the enforcement of the acts referred to in § 1 as well as of this Federal Act concerning the import of

1.

of wood products in accordance with Regulation (EC) No 2173/2005 from partner countries and

2.

of timber and timber products in accordance with Regulation (EU) No 995/2010 from third countries

with.

(2) The customs authorities shall, in particular:

1.

the information obtained in the course of their customs activities, including the personal information required for the implementation of the acts referred to in § 1 and the enforcement of this law, the Federal Office of Forest or any other person with the to communicate to authorities responsible for this federal law,

2.

the measures referred to in Article 5 (7) of Regulation (EC) No 2173/2005; and

3.

To leave timber products subject to free circulation only in accordance with Article 11 (2) of Regulation (EC) No 1024/2008.

(3) The enforcement of Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by monitoring trade, OJ L 327, 30.4.1997, p. No. OJ L 61 of 03.03.1997 p. 1, as last amended by Regulation (EU) No 1158/2012, OJ L 327, 28.12.2012, p. No. L 339 of 12.12.2012 p. 1 authorities act in accordance with Section 11 (3) in the enforcement of this Federal Act.

Section 2

Tasks of the authorities

Monitoring, control bodies

§ 4. (1) The competent authorities pursuant to Section 2 (1) shall be responsible for monitoring compliance with the provisions of the acts referred to in § 1 paragraph 1 and this Federal Act. They shall issue to the institutions (control bodies) involved in monitoring tasks identity documents which they have to carry out in their control duties and to have them available on request.

(2) The control bodies shall, in particular:

1.

for each official act to produce a certificate and a provisional seizure certificate and to issue a copy of the certificate to the person affected by the act of office; and

2.

to display a provisional seizure without delay to the relevant district administration authority.

Issue of a ban on disposal

§ 5. The control bodies may issue a ban on disposal:

1.

the importer of the loading of timber products within the meaning of Regulation (EC) No 2173/2005, if there are doubts as to whether a valid FLEGT licence is available for that cargo, and

2.

the operator of timber and timber products within the meaning of Regulation (EU) No 995/2010, where there are reasonable grounds for suspecting that such timber and timber products are

a)

contrary to Article 4 (1) or

b)

contrary to Article 4 (2) in conjunction with Article 6 of this Regulation and Articles 2 to 5 of the Implementing Regulation (EU) No 607/2012

shall be placed on the market.

Testing, sampling, examination and evaluation

§ 6. (1) The control bodies may examine cargoes of wood products in accordance with § 5 Z 1 or wood and timber products according to § 5 Z 2, taking samples for the necessary extent, examining and evaluating samples free of charge. Such tests can also be carried out without the existence of a doubt within the meaning of § 5 Z 1 or a suspicion within the meaning of § 5 Z 2.

(2) In order to carry out investigations and to draw up opinions, appropriate institutions, other bodies or knowledgeable persons may be used as experts.

Arrangement of the shipment to a third country

§ 7. (1) Where a load of timber products within the meaning of Regulation (EC) No 2173/2005, which has been found to have been registered or imported without a valid FLEGT authorisation, has been notified by the Federal Office of the Forest (Bundesamt für Wald), or In the event of a risk in default, the importer must immediately and demonstrably be placed in a third country if he does not submit the valid FLEGT permit within one month.

(2) Where wood or timber products within the meaning of Regulation (EU) No 995/2010 have been found to have been

1.

contrary to Article 4 (1) or

2.

contrary to Article 4 (2) in conjunction with Article 6 of this Regulation and Articles 2 to 5 of the Implementing Regulation (EU) No 607/2012

shall be placed on the market, the Federal Office of Forests shall arrange with a communication or at the risk of default immediately that the importer shall, unless he/she does not have the legal origin of the timber within one month, of the timber products referred to in Article 2 (f) of Regulation (EU) No 995/2010, the timber or timber products, the timber products must be brought to a third country without delay and demonstrably.

Order of destruction

§ 8. If the shipment in accordance with § 7 would be associated with disproportionate costs, the Federal Office of Forests shall immediately inform the importer of the demonstrable destruction of the timber products, timber or timber products, or in the event of danger in default. if the seizure or decay has not been seized.

Cost and hazard

§ 9. (1) The costs associated with measures in accordance with § § 5 to 8, this in the form of fees in accordance with § 13, as well as the risk of the introduction pursuant to § 7 shall be borne by the importer or market participant.

(2) By way of derogation from paragraph 1, the costs associated with measures pursuant to Section 6 (1), last sentence, shall be borne by the Authority if infringements of the acts referred to in § 1 (1) (1) (3) and (4) are not established.

Information, support and duty to pay

§ 10. (1) Persons and non-legal persons ' associations shall have the control bodies to monitor compliance with the provisions of the acts referred to in § 1, as well as this law

1.

to provide the necessary information,

2.

submit the relevant documents for inspection, grant access to electronic records and, in justified cases, copies or copies in paper form or on electronic media free of charge at the request of the or within a reasonable period of time,

3.

to allow access to all land, premises and means of transport, as well as to open means of transport and containers;

4.

to permit inspection, inspection and free sampling of samples; and

5.

For sampling persons who are familiar with the operating conditions, as well as necessary equipment, also for unloading the wood products from transport means.

(2) Staff members of the European Commission or of the Federal Ministry of Agriculture, Forestry, Environment and Water Management may accompany the control bodies in their control activities.

Traffic

§ 11. (1) The Federal Office of Forests shall immediately inform the customs authorities of the result of the verification of FLEGT permits.

(2) The authorities pursuant to § 2 (1) and (3) shall be entitled to the European Commission and to the competent authorities of other Member States of the European Union or third countries all for the implementation of the acts referred to in § 1 provide the necessary information, including personal data, as required by Union law.

(3) The authorities referred to in Article 2 (1) and the authorities involved in the enforcement of Regulation (EC) No 338/97 shall have information necessary for the implementation of the acts referred to in § 1 and the enforcement of this Federal Law are to be made available.

(4) The data exchange and the collection of data contained in the FLEGT authorisations and the implementation of Regulation (EU) No 995/2010 may be used by the authorities in accordance with Article 2 (1) and the customs authorities.

Reports to the European Union

§ 12. (1) The Federal Office of Forest has the reports

1.

pursuant to Article 8 (1) of Regulation (EC) No 2173/2005 and

2.

pursuant to Art. 8 (4) and Article 20 (1) of Regulation (EU) No 995/2010

to create. The drafts of these reports shall be submitted to the Federal Minister for Agriculture, Forestry, the Environment and Water Management in such a timely manner that they may be examined and, if necessary, amended.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to submit the reports referred to in paragraph 1 to the European Commission.

(3) The authorities pursuant to Section 2 (1) (2) and (3) shall provide the Federal Office of Forests with the information necessary for the preparation of the reports referred to in paragraph 1 above.

Fees

§ 13. For the activities of the Federal Office of Forest on the occasion of the enforcement of this law, fee-covering fees are to be fixed in accordance with § 3 para. 6 of the BFW Act. These are

1.

in respect of the acts referred to in § 1 (1) (1) (1) and (2) in each

2.

in respect of the acts referred to in Article 1 (1) (1) (3) and (4) in the case of the determination of infringements of those acts

to be paid.

Section 3

Criminal and final provisions

Criminal provisions

§ 14. (1) Who

1.

, contrary to Article 4 (1) of Regulation (EC) No 2173/2005, imports a timber product into the European Union,

2.

, contrary to Article 4 (1) of Regulation (EU) No 995/2010, placing timber or a timber product on the market,

3.

contrary to Article 4 (3) of Regulation (EU) No 995/2010, the due diligence system referred to in that Regulation does not comply with, correct or not fully update the due diligence system, or does not regularly assess it,

4.

does not provide information in accordance with Article 5 first sentence of Regulation (EU) No 995/2010 by recording or does not provide the competent authority, on request, not properly, in full or in time, to the extent that: the placing on the market within the meaning of Article 2 (b) of Regulation (EU) No 995/2010, at the time of the request, is not more than five years,

5.

information in accordance with Article 6 (1) (a) of Regulation (EU) No 995/2010, in conjunction with Article 3 of the Implementing Regulation (EU) No 607/2012, is not documented by a recording or the competent authority does not, on request, not , where the placing on the market within the meaning of Article 2 (b) of Regulation (EU) No 995/2010 is not more than five years at the time of the request, is not provided in full or in time,

6.

proof of the risk assessment procedure referred to in Article 6 (1) (b) or the risk reduction procedure referred to in Article 6 (1) (c) of Regulation (EU) No 995/2010, in each case in conjunction with Article 5 (2) of the Implementing Regulation (EU) No 607/2012, which is requested by the competent authority,

7.

a measure arranged pursuant to § 5, § 7 or § 8, which meets the conditions laid down in these provisions, does not or does not comply in good time;

8.

, contrary to § 10 (1) Z 1 or Z 2, an information or document is not issued, not correct, not complete or not in good time, or , or

9.

Contrary to Article 10 (1) Z 3 to 5, a measure does not tolerate or does not provide assistance,

is an administrative transgressing.

(2) The administrative surrender shall be by the district administration authority

1.

in the case of paragraph 1, Z 1, 2 and 7, with a fine of up to € 15 000; and

2.

in the case of paragraph 1 Z 3 to 6, 8 and 9 with a fine of up to 7 000 €

to punish.

(3) Those who intentionally commit an administrative surrender pursuant to paragraph 1 (1) (1) or (2) and have already been punished at least once for such a crime shall be punished with a fine of up to € 30 000.

(4) A person shall not be punished in accordance with paragraphs 1 to 3 if the act is threatened with tighter punishment after another administrative provision.

Seizure and decay

§ 15. (1) In the case of administrative surrender pursuant to Section 14 of the Criminal Code, the District Administrative Authority may punish the waste of the timber products in accordance with Regulation (EC) No 2173/2005 or the timber and timber products in accordance with Regulation (EU) No. 995/2010, which are the subject of the proceedings, and order the seizure of their seizure for the purpose of securing the decay.

(2) The order of a sum of money in place of the seizure shall not be allowed.

(3) Waste wood products, as well as decayed wood or waste wood products, are to be used in a beneficial manner, provided that it appears economically and is not to be applied in accordance with Regulation (EC) No 338/97. Otherwise, they will be destroyed at the expense of the former owner.

Authorisation

§ 16. The Federal Minister for Agriculture, Forestry, the Environment and Water Management can, as far as possible,

1.

Enforcement of the prohibition in accordance with Article 4 (1) of Regulation (EC) No 2173/2005, including in conjunction with their supplementary and implementing provisions pursuant to Article 1 (1) (2) (2), or

2.

Enforcement of the obligations of market participants in accordance with Article 4 of Regulation (EU) No 995/2010, also in conjunction with their supplementary and implementing provisions pursuant to § 1 (1) (4) (4) (4)

, the Regulation shall in particular lay down detailed rules on the conduct of investigations, including sampling and analysis methods, and on the details of the information, assistance and duty to be paid and the duty to be paid.

Enforcement clause

§ 17. With the enforcement of this federal law,

1.

§ 3, as far as the customs authorities are concerned, the Federal Minister of Finance,

2.

§ 13 of the Federal Minister for Agriculture, Forestry, Environment and Water Management in agreement with the Federal Minister for Finance and

3.

The other provisions of the Federal Minister for Agriculture, Forestry, the Environment and Water Management

.

Linguistic equality

§ 18. All personal designations used in this Federal Act apply equally to persons of both female and male sex.

References to legislation

§ 19. References in this Federal Act to other federal laws or directly applicable law of the European Union are to be understood as references to the version in force in each case.

entry into force

§ 20. This federal law shall enter into force at the end of the day of the customer's notice.

Article 2

Amendment of the BFW Act

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

1. In Section 3 (2), Z 1 and 2 shall be replaced by the following Z 1 to 3:

" 1.

according to the Plant Protection Act 2011, BGBl. I n ° 10/2011, for forest plants in accordance with the Annex to the 1975 Forestry Act, BGBl. No 440/1975, and their plant products,

2.

in accordance with the Forestry Reproductive Material Act 2002, BGBl. I No 110/2002, and

3.

according to the Wood Trade Surveillance Act, BGBl. I No 178/2013, "

2. In § 3 (6) penultimate sentence, the word order shall be "provisions of Community law" through the phrase "European Union rules are provided for" and the expression " 1 " by the expression " 2 " replaced.

Fischer

Faymann