Repeal Of The Bang Disease Act, Of Rinderleukosegesetzes And Of The Federal Act On Combating The Infectious Bovine Rhinotracheitis And The Infectious Pustular Vulvovaginitis

Original Language Title: Aufhebung des Bangseuchen-Gesetzes, des Rinderleukosegesetzes und des Bundesgesetzes zur Bekämpfung der Infektiösen Bovinen Rhinotracheitis und der Infektiösen Pustulösen Vulvovaginitis

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170. Federal Law, which repeals the Infectious Diseases Act, the Bovine Leukosis Act and the Federal Act on Infectious Bovine Rhinotracheitis and Infectious Pustulous Vulvovaginitis.

The National Council has decided:

Expiry of legislation

§ 1. With the expiry of 31 December 2013, the following laws shall expire:

1.

the Bangepidemic Law, BGBl. No 147/1957, as last amended by the Federal Law BGBl. I No 67/2005,

2.

the bovine leukosis law, BGBl. No 272/1982, as last amended by the Federal Law BGBl. I No 67/2005,

3.

The Federal Act on Infectious Bovine Rhinotracheitis and Infectious Pustulous Vulvovaginitis (IBR/IPV Law), BGBl. N ° 636/1989, as last amended by the Federal Law BGBl. I No 67/2005.

Transitional provisions

§ 2. (1) Before 1. In January 2014, any seizure or orders issued concerning the delivery or eradication of animals on the basis of one of the provisions referred to in § 1 shall remain valid even after the expiry of the legislation.

(2) For animals which are handed out or exalted by the official order pursuant to paragraph 1, the right to compensation for payment shall consist in accordance with the following provisions:

1.

Animal keepers are entitled to a compensation for payment, provided that the delivery of all bovine animals intended for the eradication of slaughter within the prescribed period is established for slaughter and the slaughtering of which is certified by a confirmation. Such a claim also exists for bovine animals which are slaughtered diagnostically.

2.

The compensatory damages shall be EUR 207,12 per cow (basic amount). To this basic amount, an operating surcharge of 69.04 euros is added for cattle from mining companies and a fall-book surcharge of 69.04 euros is added for herdebuchrinder.

3.

As a mining company, the holdings are valid in the sense of § 5 (2) of the Agricultural Act 1992, BGBl. I n ° 375/1992, as last amended by the Federal Law BGBl. I No 2/2008.

4.

The proof of the Herdebook is to be provided by submitting a confirmation of a breeders ' association recognized by the Chamber of Agriculture.

5.

If, for the bovine animals to be tore, compensation is also payable in accordance with another federal legislation, only compensation shall be provided under that legislation which provides for the highest amount of compensation for the bovine animal to be tore out.

6.

The Federal Minister of Health shall decide on the grant of the payment of the compensation.

(3) Insofar as 1. Jänner 2014 has not yet been regulated by programmes for the monitoring of the disease, the bovine leukosis and the IBR/IPV on the basis of the Animal Health Law (TGG), BGBl. I n ° 133/1999, the following legislation remains in force as federal legislation until its subject-matter has entered into effect regulations on the basis of the TGG:

1.

The Bangseuchen Investigation Ordinance 2008, BGBl. II No 305/2007, as last amended by the BGBl Regulation. II No 479/2010,

2.

the bovine leukosis examination regulation 2008, BGBl. II No 304/2007, as last amended by the BGBl Regulation. II No 477/2010, and

3.

The IBR/IPV Investigation Regulation 2008, BGBl. II No 306/2007, as last amended by the BGBl Regulation. II No 478/2010.

The date of the expiry date shall be made known by the Federal Minister of Health by Regulation in the Federal Law Gazprom.

Enforcement

§ 4. The Federal Minister of Health is responsible for the enforcement of this federal law.

Fischer

Faymann