Agricultural Law Amendment Act 2013

Original Language Title: Agrarrechtsänderungsgesetz 2013

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104. Federal Law, with which the Fertilizer Act in 1994, the Animal Feed Act 1999, the Health and Food Safety Act, the Plant Protection Act 2011, the Agricultural Control Act, the Federal Act on the Federal Offices for Agriculture and the Federal Office for Agriculture and Rural Development (Bundesgesetz) agricultural federal institutions, the Stock Exchange Act, the Marketing Standards Act, the Forestry Act 1975 and the Wine Act 2009, and a federal law on the agricultural product exchange is enacted (Agricultural Law Change Act 2013)

The National Council has decided:

table of contents

Item

Subject matter

Change

of the

1.

Fertilizers Act 1994

2.

Animal feed law 1999

3.

Health and nutrition security law

4.

Plant Protection Act 2011

5.

Agricultural Control Act

6.

Federal Act on the Federal Offices for Agriculture and the Agricultural Federal Institutes

7.

Exchange Law

9.

Marketing standards law

10.

Forestry Act 1975

11.

Wine Act 1999

Dismissal

of the

8.

Product Stock Exchange Act

Article 1

Federal law amending 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. § 4 Z 2 and 3 reads:

" 2.

Plant protection products according to the Plant Protection Products Act 2011, BGBl. I No 10/2011,

3.

wastes according to the Waste Management Act 2002, BGBl. I n ° 102/2002, as well as the recovery of waste water and waste, such as sewage sludge, sewage sludge compost, faeces and waste compost, "

2. § 4 Z 10 deleted.

3. § 5 (2) Z 4 reads:

" 4.

Untreated or municipal sewage sludge (compost), as well as hazardous waste and problem substances, in accordance with the Waste Management Act 2002, or "

4. § 5 shall be added to the following paragraphs 3 and 4:

" (3) In the authorisation and placing on the market of fertilizers, soil adjuvants, culture substrates and plant aids, the guidelines of the Advisory Board for soil fertility and soil protection, in particular the guidelines for the appropriate Fertilization taking into account the soil functions.

(4) The manufacturing companies and the responsible placing on the market shall have appropriate equipment or equipment. quality assurance systems in order to comply with the requirements laid down in paragraph 2. "

Article 2

Federal law amending the feed law in 1999

The Animal Feed Act 1999, BGBl. I n ° 139/1999, as last amended by the Federal Law Gazette (BGBl). I No 87/2005 and the Federal Ministries of the Federal Ministries of Law 2009, BGBl. I No 114/2012, shall be amended as follows:

1. § 1 (2) reads:

" (2) This federal law is not applicable to medicinal products within the meaning of the Medicines Act, BGBl. No. 185/1983. '

2. § 2 Z 7 is deleted; the numbers Z 8 to 20 are given the number of digits "7." to "19." .

3. In § 2 Z 13, the word order shall be "Commission of the European Community" through the phrase "European Commission" replaced.

4. In 3 para. 1, § 4 introductory part, § 5 para. 2, first sentence, § 6 para. 2, § 12 para. 2 and 4, § 13 para. 2, § 16 para. 2 third sentence, 7 and 8, § 17 para. 2 third sentence and 6 as well as § 20 para. 3, the word "Community" each by "Union" replaced.

5. In § 4 para. 1 introductory part, § 5 para. 2, first sentence, § 6 para. 2, § 11 para. 2, § 12 para. 2, first sentence and para. 3, § 13 para. 2 and § 20 para. 4 the word sequence shall be deleted "and women" .

6. The following paragraph 3 is added to § 5:

" (3) feedingstuffs, premixes and additives intended for export to a third country shall be labelled accordingly (Art. 12 of Regulation (EC) No 178/2002. '

7. § 7 together with the title shall be deleted.

8. § 11 together with headline reads:

" Imports from third countries

§ 11. (1) The import of feedingstuffs, premixtures and additives shall be permitted only through an entry point. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister of Finance and Industry, has the Federal Minister of Health, in the case of imports of animal feed of animal origin, To establish border customs offices as entry points suitable for import control and customs clearance in accordance with the principles of convenience, convenience, simplicity and cost savings.

(2) The Federal Office for Food Safety shall have a document control and, where appropriate, a check on the form of checks and, where appropriate, a check on the basis of any import of feedingstuffs of plant origin, premixes or additives. Sampling shall be carried out. The inspection of the documents and the marking shall include examination of the documents and their conformity with the products by means of inspection. To the extent that this is required by the relevant EU legislation, the Federal Office for Food Security has to issue a document on the checks carried out. The importation of feedingstuffs of animal origin shall be subject to the control of the document, the control of the authorities and, where appropriate, the sampling by the veterinary authorities. Fees must be paid by the importer for the purpose of carrying out the checks (§ 19).

(3) If customs authorities at the customs clearance of goods make perceptions which give rise to doubts as to whether the goods comply with the provisions of the futures regulations, they shall immediately have their perceptions to the Federal Office for Food security shall be communicated. In this context, Regulation (EC) No 765/2008 laying down rules for the accreditation and market surveillance relating to the marketing of products (OJ L 378, 27.4.2008, p. No. OJ L 218 of 13.08.2008 p.30).

(4) The Federal Office for Food Security shall arrange for the necessary measures in accordance with § 17 to the person responsible at the expense of the person responsible. "

9. In § 15 the word order is deleted "once a year" .

10. In Section 16 (8), the phrase "pursuant to Article 22 of Directive 1995 /53/EC (Article 23 (1) (8))" replaced by 'pursuant to Article 44 of Regulation (EC) No 882/2004 (Article 23 (3) (5))'.

11. The following paragraphs 9 and 10 are added to § 16:

" (9) The competent authorities responsible for monitoring and complying with the provisions of this Federal Law shall, through audits (audits), ensure that the principles laid down in Regulation (EC) No 882/2004 in the implementation of the official controls shall be applied. For this purpose, experts may accompany the control bodies in carrying out control activities.

(10) In order to ensure the objectives and principles set out in Regulation (EC) No 882/2004, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Health, may provide more detailed information on the subject Rules for the implementation of official controls shall be adopted. "

12. § 17 (5) reads:

" (5) There is a reasonable suspicion that feed, additives or premixtures or the operational requirements (§ § 12 to 14 and Regulation (EC) No 183/2005) do not comply with this federal law or the regulations based on it. , the supervisory authorities may, under a reasonable time-limit set at the same time, order the necessary measures for the collection of defects or the disconnection of risks, in particular:

1.

the prohibition of placing on the market and of feeding;

2.

appropriate treatment;

3.

use in other than for fodder purposes;

4.

the destruction;

5.

the return to the place of origin in the case of cross-border introduction;

6.

the recovery from the market, if necessary up to the last buyer;

7.

information of the customers, referring to the possible danger;

8.

the immediate reporting obligation on the implementation of the measures ordered by the authorities;

9.

Adaptation of labelling or packaging;

10.

the implementation of operational measures, in particular in the production of feedingstuffs, storage, documentation, staff training, equipment or self-control, including the submission of test certificates in duly substantiated cases. '

Section 21 (1) shall be replaced by the words at the end of Z 11 by the word "or" The following Z 12 shall be inserted after Z 11:

" 12.

make or place on the market feed, premixes or additives contrary to the requirements of Annex I or II of Regulation (EC) No 183/2005, "

14. § 23 (1) reads:

" (1) This federal law provides for Directive 2002/32/EC on undesirable substances in animal nutrition, as amended by Directive 2005 /8/EC (OJ L 327, 22.12.2005, p. No. 10 idF OJ L 140, 30.5.2002, p. No. OJ L 27 of 29.1.2005 p. 44).

15. § 25 Z 1 reads:

" 1.

§ 4, § 5 para. 2, § 6 para. 2, § 11 paragraph 1, § 12 para. 2 and 3, § 13 para. 2, § 16 para. 10 and § 20 para. 4 in agreement with the Federal Minister for Health, "

Article 3

Federal law amending the Health and Nutrition Security Act

The Health and Nutrition Security Act, BGBl. I n ° 63/2002, in the version of the Federal Law BGBl. I No 48/2013, shall be amended as follows:

1. § 8 para. 2 Z 10 reads:

" 10.

Investigation and evaluation of fertilizers, soil aids, culture substrates and plant aids as defined in the 1994 Fertiliser Act, as well as investigation, evaluation and evaluation of soils with a view to ensuring the functioning of the soil as an agricultural production base; "

2. The following Z 18 to 21 shall be added to Article 8 (2):

" 18.

Development and implementation of measures to maintain and improve bee health, bee protection and the production of high-quality bee products;

19.

Determination of radioactivity in food according to the Radiation Protection Act;

20.

Radioactivity investigations pursuant to § 37 paragraph 1 of the German Radiation Protection Act (Radiation Protection Act) are not covered by Z 19;

21.

Participation in the development and implementation of measures for the conservation and promotion of biodiversity. "

3. In § 8, the following paragraph 2a is inserted after paragraph 2:

" (2a) The Agency has to meet the requirements of the International Treaty on Plant Genetic Resources for Food and Agriculture, BGBl. III n ° 98/2006, to fulfil the following tasks, insofar as non-subordinate departments of the Federal Ministry for Agriculture, Forestry, Environment and Water Management are responsible for this:

1.

Exploration, collection, characterisation, evaluation, documentation, conservation and provision of plant genetic resources for food and agriculture, as well as administration in publicly accessible gene databases and coordination of the Documentation of plant genetic resources for food and agriculture;

2.

Exchange of information, participation in national and international cooperation and research, as well as participation in a Global Information System. "

(4) The following paragraph 26 is added to § 19:

" (26) The methods for seeds and varieties in accordance with § 5 Seed Law 1997 are regulations of the Federal Office for Food Security. These are to be made available in the official news of the Federal Office for Food Security in accordance with Section 6 (7) of the German Federal Office for Human Nutrition. The provision of Section 19 (26) in the version of the Federal Law BGBl. I n ° 104/2013 will enter into force on 1 July 2013. "

5. In Section 20 (2), the word order shall be "§ 8 (2) (1) to (7) and (Z) 13 to 15" through the phrase "§ 8 Abs.2 Z 1 to 7, 13 to 17 and 19" replaced.

5. In Section 20 (3), the phrase "§ 8 (2) Z 8 to 12" through the phrase " § 8 (2) (8) to (12), (68), (20) and (21) and (2a) replaced.

Article 4

Federal law amending the Plant Protection Act 2011

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

1. § 3 (2) reads:

" The transmission of data collected in accordance with this Federal Act, in particular § § 13 to 15, 18 to 21, 28, 34 and 35, as well as in the enforcement of § 10 seed law 1997, between the individual official bodies as well as the the authorities responsible for the enforcement of the seed law shall be admissible only if this is not the case.

1.

for compliance with Union or international obligations, or

2.

For reasons of overriding public interest in the conservation of plant health

is required. "

2. In § 32 (1) the word sequence shall be deleted. "and Article 218 (1) (d) of Commission Regulation (EEC) No 2454/93 (Customs Code-Implementing Regulation)" .

3. The following sentences are added to Article 34 (2):

" The exhibition of plant health products shall be issued by officials of the official body in accordance with Section 3 of this Federal Law or by bodies employed by an official body. Preliminary work for the issuing of certificates may also be carried out by other persons authorized by the authorities under the supervision of staff members in accordance with the previous sentence. "

4. In § 38 (2), the last sentence is deleted.

5. § 38 (4).

6. § 38 (5) deleted.

7. § 38 (8).

8. In § 44, after the word order "between the various official bodies" the phrase "as well as the authorities responsible for the enforcement of the seed law" inserted.

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

" (5) § § 38 (2), (4), (5) and (8) in the version of the Federal Law BGBl (Federal Law Gazette). I No 104/2013 will be 1. Jänner 2014 in force. "

10. In § 50 Z 3 the word order is deleted "and section 38 (2), second sentence, (4) and (8)" .

Article 5

Federal law amending the Agricultural Control Act

The Agricultural Control Act, BGBl. I No 111/2010 is amended as follows:

In § 1, the word order shall be "in accordance with the 1999 Fuel Regulation" through the phrase "according to the Fuel Regulation 2012" replaced.

Art. 6

Amendment of the Federal Act on the Federal Offices for Agriculture and the Agricultural Federal Institutes

The Federal Act on the Federal Offices for Agriculture and the Agricultural Federal Institutes, BGBl. I n ° 83/2004, shall be amended as follows:

Section 22 (4) to (7) shall be replaced by the following paragraph 4:

" (4) § 22 (4) to (7) in the version prior to the Federal Act BGBl. No. 104/2013 will expire on 30 June 2013. "

Art. 7

Amendment of the Stock Exchange Act

The Federal Act of 13. October 1948 via Börsesensale (Börsesensale-Gesetz), BGBl. No. 3/1949, as last amended by the Federal Law BGBl. No 555/1989, shall be amended as follows:

1. In the title to § 13, in § 13 (1), (2) and (5) as well as in § 14, the word "Mäklerfee" in each case by the word "Brokerage Fee" replaced.

2. § 13 (2) reads:

"(2) The amount of the brokerage fee will be determined by the Börsekammer-after consultation of the professional interest representation and the Federal Ministry for Agriculture, Forestry, Environment and Water Management."

3. In § 17 (1) and (2), the word "Landeshauptmann" in each case by the word sequence "Federal Minister for Agriculture, Forestry, the Environment and Water Management" replaced.

4. In Section 17 (3), the phrase "Landeskammer für Commercial Wirtschaft" through the phrase "Economic Chamber of Austria" replaced.

5. § 22 (1) (1) and (2) are:

" 1.

the reference,

2.

Fines of up to 30 €. "

6. § 23 Z 1 reads:

" 1.

Fines up to € 300; "

§ 30 is added to the following § 31:

" § 31. § § 12, 14, 17, 22 and 23 enter into the version of the Federal Law BGBl. I n ° 104/2013 with 1 July 2013 in force. "

Art. 8

Federal Law on the Agricultural Product Exchange (Product Stock Exchange Act)

Organization and Tasks

§ 1. (1) The stock exchange for agricultural products in Vienna ("Product Exchange") is a self-management legal person, public law, who shall be responsible for the following tasks:

1.

market monitoring, pricing and pricing of agricultural products,

2.

the holding of stock exchange meetings,

3.

the establishment of opportunities for commercial transactions,

4.

the reimbursement of opinions and

5.

the exercise of the arbitral jurisdiction.

(2) Agricultural products are covered by the stock exchange trading. Transactions in the stock exchange are those which are concluded in the stock exchange during the stock exchange period via products which may be traded on the product exchange.

Organs

§ 2. (1) The organs of the product exchange are

1.

the Börsekammer and its committees,

2.

the President and

3.

the Bureau.

(2) The stock exchange is made up of stock exchanges. The Office of the Börserate is an unrested honorary office and is to be exercised in person. The Börsekammer committees can use committees to run individual tasks.

(3) The Börsekammer is responsible for:

1.

the adoption of the Rules of Procedure and the modification thereof,

2.

the election of the President and of the Vice-Presidents, members of the committees, treasury managers and auditors,

3.

the dismisses of stock exchanges,

4.

the omission of the opportunities for commercial transactions;

5.

ordering and revitalisation of stock exchanges and other intermediaries;

6.

the management of the stock exchange and

7.

The dismissal of the Service and Reference Rules for the staff of the product exchange.

(4) The President shall head the product exchange and shall represent it externally. It decides on all matters that are not reserved for the Börsekammer or its committees. In the event of an obstacle, the President shall be represented by one of the Vice-Presidents in accordance with their horsepower.

(5) The Praesidium shall be elected by the Chamber of Stock Exchange. It shall consist of the President, the first, second and third Vice-Presidents and the treasury manager, and shall advise the President in his decisions; in exceptional matters, the President shall consult the Bureau. The President of the Arbitration Board is to be attached to the proceedings of the Bureau.

(6) The office shops of the product exchange are concerned by the Secretariat (Exchange Secretary). A Secretary-General may be entrusted with the summary treatment of the stores of the product exchange.

Arbitral tribunals

§ 3. (1) The exercise of arbitration shall be exercised by arbitral tribunals. The Arbitration Court has to contain provisions on the composition of the arbitral tribunals as well as the proceedings before the arbitral tribunals and is by Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management in the Agreement with the Federal Minister for Justice to be adopted.

(2) The function of the arbitrator shall be an unrested honorary office and personally to be exercised. The term of office of the arbitrators lasts four years; the repeated exercise of the function is permitted. The arbitrator shall be the arbitrator of the referee. In order to appoint the Arbitration Board, consideration must be given to a professional balance between experts from the agricultural and economic sectors. The more detailed provisions on the formation of the arbitral tribunals shall be laid down in the Arbitration Rules.

Principles of stock exchange operations

§ 4. The product exchange has to procure the tasks assigned to it by this Federal Act, taking into account the economic interest in a functioning trade and to the legitimate interests of the market participants.

Rules of

§ 5. (1) The activities of the product exchange shall be carried out on the basis of a point of order adopted by the Börsekammer, which is to be approved by the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(2) The Rules of Procedure shall, in particular, regulate:

1.

the business units of the product exchange,

2.

the conditions for the membership of the stock exchange and the visit to the stock exchange;

3.

the rights and obligations of the members of the stock exchange and the visitors of the stock exchange;

4.

the choice or the appointment and composition of the institutions and their rights, obligations and duration of operation;

5.

the requirements for valid decision-making by the institutions,

6.

the rules governing the management and use of the stock exchange;

7.

the setting of the stock market and the stock market;

8.

the rules governing the trading of the stock exchange,

9.

the fees for the activities of the product exchange; and

10.

the provisions relating to the presentation of the communications to be disclosed.

Exchange trading

§ 6. (1) The trading on the product exchange takes place directly between the exchange visitors or through the intermediary of Sensals or persons entitled to it by the Börsekammer. As far as Sensale acts as a mediator, the provisions of the Stock Exchange Act, BGBl. No 3/1949.

(2) The trade in stock exchanges shall be subject to a balanced and balanced approach in accordance with the principle of equal treatment of all market participants. No shops may be closed which serve only to disregard or deprivation of third parties.

Price listing

§ 7. (1) On the product exchange, the competent committee of the stock exchange listing takes place quotations of agricultural products included in the stock exchange trading on the basis of price experiences from business transactions since the last listing on this stock exchange.

(2) The product exchange shall immediately ensure that the prices in the course sheets determined in accordance with paragraph 1 are presented.

Official Messages

§ 8. The product exchange has to issue official messages and to make them accessible to the relevant transport routes in a suitable form. In particular, the "Official News of the Product Exchange" shall be used to express:

1.

the Rules of Procedure

2.

the opportunities for commercial transactions,

3.

the course sheets and the principles of pricing and

4.

other customer arrangements pursuant to this Federal Act and the Regulations based thereon, as well as on the basis of the Rules of Procedure.

Supervision

§ 9. (1) The product exchange is subject to the supervision of the Federal Minister for Agriculture, Forestry, Environment and Water Management in agreement with the Federal Minister for Economic Affairs, Family and Youth, which is exercised by the stock exchange inspector. The Austrian Stock Exchange Commission has to monitor compliance with the provisions of this Federal Act.

(2) The President shall be responsible for the supervision of the trade, who may delegate this task to a member of the Bureau or a member of the stock-exchange chamber.

Exchange Commissions

§ 10. (1) The Federal Minister for Agriculture, Forestry, Environment and Water Management, in agreement with the Federal Minister for Economic Affairs, Family and Youth, has to appoint the Exchange Commissioner and the required number of alternates. In their function, they are subject to the instructions of the Federal Ministers and can be dismissed at any time.

(2) In order to exercise their supervisory duty, they shall, in particular, be entitled to:

1.

take part in all the meetings of the Börsekammer and its committees, the Bureau and the Arbitration Board,

2.

to request at any time from the institutions of the product exchange and the Sensals any information and access to records and documents necessary for the performance of their supervision.

Transitional and final provisions

§ 11. (1) In the case of the personal names used in this Federal Act, the chosen form shall apply to both sexes.

(2) Where reference is made in this Federal Act to provisions of other legislation, these are to be applied in their respectively applicable version.

(3) The product exchange shall enter into all existing rights and obligations under the law of 4 July 2013 as the full successor of the Product with effect from 1 July 2013. Jänner 1903, RGBl. No. 10/1903, approved stock exchange for agricultural products in Vienna.

(4) The institutions and bodies of the Exchange of Agricultural Products in Vienna, as well as the Exchange Commissioner, who were active until the date of entry into force of this Federal Law, shall continue their activities until the date of their reappointment.

(5) The Rules of Procedure and the provisions relating to commercial transactions, which shall be applicable until the date of entry into force of this Federal Law, shall continue to apply until the date of their re-eration.

(6) The current arbitration rules of the Stock Exchange for Agricultural Products in Vienna, BGBl. II No. 347/2009, remains unaffected by this federal law.

(7) The pricing and pricing of the OÖ. Fruit exchange until the date of entry into force of this Federal Act in accordance with the provisions of the Law of 4. Jänner 1903, RGBl. No. 10/1903, as last amended by the Federal Act BGBl. No 555/1989 and under the Regulation, BGBl. No. 362/1924, can be found in accordance with the statute of the Upper Austrian State. Fruit exchange of 1 August 1964, as amended on 25 March 1999.

Enforcement clause

§ 12. The Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible for the enforcement of this federal law, namely:

1.

as regards Section 3 (2) in agreement with the Federal Minister for Justice and

2.

with regard to § § 9 (1) and (10) (1) in agreement with the Federal Minister for Economic Affairs, Family and Youth.

entry into force

§ 13. (1) This federal law shall enter into force on 1 July 2013.

(2) With the entry into force of this Federal Act, there shall be no force

1.

The Regulation of the Federal Ministries of Agriculture, Forestry, Finance and Trade and Transport concerning the appointment of members in the management of agricultural exchanges, BGBl. No. 362/1924 and

2.

the law of 4. Jänner 1903, with which some amending and supplementing provisions on the Laws of April 1, 1875, R.G.Bl. No. 67, concerning the organization of the stock exchanges, are enacted, RGBl. No. 10/1903, as last amended by the Federal Act BGBl. 555/1989.

Article 9

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. § 1 (3), § 5 (1) (6) and (19) (2) the word shall be "Community law" by "Union Legal" replaced.

2. § 2 Z 1 reads:

" 1.

Agricultural products are the products of Part 1 and the fishery and aquaculture products of Part 2 of the Appendix. They shall, if they are intended to be placed on the market, be called products or goods. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, by means of a Regulation, be able to use the product catalogue referred to in the Annex to the extent necessary for such products in the acts of the European Union referred to in Article 1 (2) of this Regulation. Marketing standards are set or may be fixed. "

3. In § 2 Z 7 and Z 9, § 5 paragraph 1 Z 3, § 8 para. 4, § 13 para. 1, § 19 para. 1 as well as § 20 para. 1 the word shall be "Community" by "Union" replaced.

4. § 3 (2) reads:

"(2) The Landeshauptmann shall be the competent authority or the supervisory authority within the meaning of the acts of the European Union referred to in Article 1 (2), in so far as the other provisions of this Federal Law do not provide otherwise."

5. § 3 (3) reads:

" (3) Where legal acts within the meaning of Section 1 (2) of this Act provide for the reimbursement of reports or reports or the granting of information to institutions of the European Union or to third countries, the Federal Minister for Land and Forestry shall be responsible for this purpose. Forestry, the environment and water management. The authorities referred to in Article 11 (1) and (2) shall, for this purpose, and in the interests of a uniform enforcement of these acts on request, require the Federal Minister for Agriculture, Forestry, the Environment and Water Management to: To provide information and information and to provide the relevant data in the form requested. "

6. In § 6 (2), the word "Community law" by "Union law" replaced.

7. In Section 7 (3), the word "Community law" by "Union law" replaced.

8. § 11 para. 2 reads:

" (2) The conduct of domestic control shall be the responsibility of the Governor of the State. However, the procedures for the approval and registration of producer companies, packaging establishments or packing centres (such as application, reporting, approval, approval and submissions), in particular the award of operational contracts, are to carry out identification numbers from the district management authority and the monitoring of consumer information in the context of the common organisation of the market in fishery and aquaculture products from the BAES. "

9. § 11 (6) reads:

" (6) In order to check the marking by production method or according to regional origin within the meaning of § 5 (1) Z 5, the provincial governor may also be subject to professional qualifications by private organisations or by bodies of the public law. These shall be bound by the instructions of the Governor of the State. "

10. § 12 (4) the following sentence is added:

"The Federal Minister for Agriculture, Forestry, the Environment and Water Management can lay down more detailed rules on the training measures provided for by the Regulation."

11. § 15 para. 4, first sentence reads:

" For the sample taken on the occasion of import or domestic control and taken into official custody, the Federal Government has to pay compensation, the amount of which is to be paid on the occasion of the importation by the BAES on the occasion of the internal control by the BAES. the provincial governor. "

12. The following paragraphs 6, 7 and 8 are added to § 19:

" (6) The control bodies shall be obliged to report to the district administrative authority if the provisions of this Federal Law are not complied with.

(7) The control bodies shall be able to see from the ad if only

1.

slight defects, or

2.

the suspicion of a minor culpation is given.

It has been shown that they have been shown to be aware of the illegality of their conduct.

(8) Where a notification has been made in accordance with paragraph 7 above, the person entitled to dispose shall, in any case, bear the costs of the control and of the sampling and examination which are all due. "

Section 21 (1) reads as follows:

" (1) Who

1.

Goods are placed on the market, contrary to provisions relating to the name, marking, sorting, packaging or transport contained in the acts of the European Union referred to in Article 1 (2);

2.

in breach of the provisions relating to the placing on the market contained in the acts of the European Union referred to in Article 1 (2) of this Regulation,

3.

Were placed on the market in breach of § § 4 to 6 and of the regulations made pursuant to these provisions,

4.

Records in accordance with § 5 (1) Z 6 do not result in, deficient or incorrect,

5.

place a product on the market under the name of a class within the meaning of § 2 Z 3, even though the goods do not meet at least the requirements of this class;

6.

place a product on the market under a designation which gives rise to the appearance of a class within the meaning of § 2 Z 3, although such a class is not introduced;

7.

as the holder of a slaughterhouse in breach of § 6 and of a regulation issued pursuant to these provisions, not to be accompanied by a classifier or not in good time,

8.

classified as a classification service in accordance with § 6 (3) without authorisation, or not in compliance with admission requirements,

9.

Were introduced in breach of § 8 (1),

10.

Were introduced in accordance with § 19 (2), first sentence, in spite of the maintenance of a standard-compliant rectification,

11.

Goods were exported without an export certificate, contrary to Section 9 (1), or

12.

shall be contrary to the provisions of Section 18 as a right of disposal,

, provided that the action does not constitute the offence of a criminal offence within the jurisdiction of the courts or is subject to a stricter penalty under other provisions, an administrative surrender and shall be governed by the District managing authority with a fine of up to 10,900 €, in case of recurrence up to 21,800 € to punish. "

14. § 28 together with the title is as follows:

" Transitional provisions

§ 28. (1) The regulation of the Federal Minister of Agriculture and Forestry on quality classes for food potatoes, BGBl. No 76/1994 in the BGBl version. I n ° 68/2007, will not enter into force on 31 March 2014.

(2) The regulation of the Federal Minister of Agriculture and Forestry on quality standards for flower bulbs, onion and tubers, as well as fresh cut flowers and fresh foliage, BGBl. No 578/1995, as amended by the BGBl version. I n ° 68/2007, does not enter into force. '

15. Part 1 of the Appendix is:

" Part 1

CN code

Description of goods

0105

Poultry (chickens, ducks, geese, turkeys and guinea fowl), live

0201

Meat of bovine animals, fresh or chilled

0202

Meat of bovine animals, frozen

0203

Meat of pork, fresh, chilled or frozen

0204

Meat of ovine or caprine animals, fresh, chilled or frozen

0205 00

Meat of horses, donkeys, mules or tolls, fresh, chilled or frozen

0207

Meat and edible offal of poultry of heading 0105, fresh, chilled or frozen

0401

Milk and cream, neither concentrated nor containing added sugar or other sweetening matter

0402

Milk and cream, concentrated or with the addition of sugar or other sweetening matter

0403

Buttermilk, sour milk and cream, yoghurt, kefir and other fermented or acidified milk (including cream), whether or not concentrated or flavoured, whether or not containing added sugar, other sweetening matter, fruit, nuts or cocoa

0404

Whey, whether or not concentrated or containing added sugar or other sweetening matter; products which consist of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included

0405

Butter and other fats from milk; milk fat fat

0406

Cheese and quark/pot

ex 0407

Eggs in the bowl, fresh, preserved or boiled, of poultry, including hatching eggs

0409 00 00

Natural honey

0601 10

Bulbs, onions, tubers, root tubers and root sticks, dormant

0603

Flowers and flowers and their buds, cut, for banding or ornamentals, fresh, dried, bleached, dyed, impregnated or otherwise processed

0604

Foliage, leaves, branches and other parts of plants, without flowers and flower buds, as well as grasses, mosses and lichens, for binding or ornamental purposes, fresh, dried, bleached, dyed, impregnated or otherwise processed

0701

Potatoes, fresh or chilled

0702 00 00

Tomatoes, fresh or chilled

0703

Onions, shallots, garlic, leeks, leeks and other vegetables of the Allium spp., fresh or chilled

0704

Cabbage, cauliflower, cabbage, cabbage and similar edible coal species of the genus Brassica, fresh or chilled

0705

Salads (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled

0706

Carrots and food carrots, turnips, rote beets, black roots, celery celery, rettiche and similar edible roots, fresh or chilled

0707 00

Cucumbers and cornichons, fresh or chilled

0708

Legumes, whether or not triggered, fresh or chilled

0709

Other vegetables, fresh or chilled

0713

Dried dried legumes, whether or not peeled or crushed

0802

Other nuts, fresh or dried, whether or not shelled or skinned

0803

Bananas, including milbananes, fresh or dried

0804 20 10

Figs, fresh

0804 30 00

Pineapple

0804 40 00

Avocadofrüchte

0804 50 00

Guaven, mango fruits and mangostanes

0805

Citrus fruit, fresh or dried

0806

Grapes, fresh or dried

0807

Melons (including watermelons) and papayas, fresh

0808

Apples, pears and quinces, fresh

0809

Apricots/apricots, cherries, peaches (including brugnoles and nectarines), plums and slashes, fresh

0810

Other fruits, fresh

ex 0813 50

Mixtures exclusively of nuts of headings 0801 and 0802

1210

Hops (blossoms), fresh or dried, whether or not ground, otherwise comminuted or in the form of pellets; Lupulin

1302 13 00

Plant juices and extracts of hops

1212 92 00

Johannisbrot (Carob)

1509

Olive oil and its fractions, whether or not refined, but not chemically modified

1510 00

Other oils and their fractions, obtained exclusively from olives, whether or not refined, but not chemically modified, including mixtures of these oils or fractions with oils or fractions of heading 1509

ex 1517

Fats, mixed herbal and/or animal fats

ex 2106

Milk fats, mixed herbal and/or animal fats

ex 3501

Casein and Caseinat "

16. Part 2 of the Appendix is:

" Part 2

CN code

Description of goods

0301

Fish, alive

0302

Fish, fresh or chilled, except for fish fillet and other fish of heading 0304

0303

Fish, frozen, excluding fish fillets and other fishmeat of heading 0304

0304

Fish fillets and other fish meat (also finely crushed), fresh, chilled or frozen

0305

Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the fumigation; flour, powder and pellets of fish, edible

0306

Crustaceans, even without tanks, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, even without tanks, smoked, even before or during smoking; crustaceans in their tanks, boiled in water or steam, whether or not cooked Chilled, frozen, salted or in brine; flour, powder and pellets of crustaceans, edible

0307

Molluscs, whether or not shell, live, fresh, chilled, frozen, dried, salted or in brine; molluscs, whether or not peel, smoked, whether or not cooked before or during smoking; flour, powder and pellets of molluscs, edible,

1604

Fish, prepared or preserved; caviar and caviar substitute, obtained from fish eggs "

Article 10

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. in Section 1a (3), after the word "Waldschneisen" the expression " and return routes " inserted.

2. § 1a (4). e is deleted. The lit. f is given the name "e)" .

(3) In § 1a (5), first sentence, the word shall be: "has" by the word "have" replaced.

4. In § 2 para. 2, the word order shall be "between the natural tree line" through the phrase "between the natural border of forest planting" replaced.

5. § 3 (1) reads:

" (1) If a base area (land or land part) is assigned in the border register or in the basic control cadastre of the use type forest and has been

1.

for this base area, a permanent grubbing-up grant is not issued; or

2.

a continuous grubbing-up of this base area is not carried out in accordance with § 17a,

it is considered to be a forest within the meaning of this Federal Law, as long as the Authority has not established that it is not forest. "

6. § 5 para. 2 Z 2 reads:

" 2.

a permanent grubbing-up permit or a registered permanent grubbing-up in accordance with § 17a has been carried out, "

7. In § 15 (1), after the word order "if by division" the phrase "Ground areas with the use of forest are affected and" inserted.

8. § 15a (1) reads:

" (1) The Ground's Court of Appeal may, with the exception of the cases of § 15 (2) and (3), grant or order the division of a plot of land which has at least in part the use of the forest in the constriction or basic control ataster, if:

1.

no base area is to be shared with the use of the forest, or

2.

a certificate issued by the authority that the registration is not in breach of § 15. "

(9) The following paragraph 4 is added to § 17a:

" (4) In the case of the application of a temporary grubbing-up within the meaning of section 18 (4), which may be carried out in accordance with paragraph 1, Z 3, the forest area shall be subject to the right of gunmen up to no later than five years after the expiry of the period referred to in the application in the sense of § 13 to be reforested. "

10. In § 19 (1) Z 6, the expression "Section 17 of the Railway Act 1957" by the expression "Section 14 (1) of the Railway Act 1957" replaced.

11. § 25 (5) last sentence is deleted.

12. § 27 (1) reads:

" (1) To be informed by communication

1.

protection forests for the direct defence of certain risks of human beings, human settlements or plants or cultivated soil,

2.

Forests, whose welfare effect is a priority over beneficial effects, and

3.

Forests which serve to repel direct risks arising from the state of the forest or its management;

provided that the national economic or other public interest to be protected (the purpose of the ban) proves to be more important than the handicaps associated with the restriction of forest management as a result of the ban (Bannwald). "

(13) The following paragraph 7a is inserted in accordance with Article 31 (7):

"(7a) If an order is issued in accordance with Section 28 (4) after the determination of the compensation in accordance with paragraph 7, the beneficiary may apply for the redetermination of the compensation."

14. In Section 43 (2), the phrase "Animal and plant pests such as insects, mice, fungi or viruses" through the phrase "Animal pests (such as in particular insects or mice), plant pests, fungi or viruses" replaced.

15. In accordance with § 45, the following § 46 with headline is inserted:

" Use of plant protection products

§ 46. (1) As plant protection products, only products which are included in the register of plant protection products in accordance with Section 4 (2) of the Plant Protection Products Act 2011, BGBl. I No 10/2011.

(2) Plant protection products may only be subject to the conditions laid down in Article 55 of Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market and repealing Directives 79 /117/EEC and 91 /414/EEC, OJ L 145, 31.5.2009, p. No. OJ L 309, 24.11.2009 p. 1, which is based on the principles of good plant protection practice. Professional users under Article 3 (1) of Directive 2009 /128/EC establishing a framework for Community action to ensure the sustainable use of pesticides, OJ L 327, 22.12.2009, p. No. OJ L 309, 24.11.2009, p. 71, as amended by the corrigendum OJ L 309, 27.11.2009 No. 11., the general principles of integrated pest management are to be observed in accordance with Article 14 and Annex III of this Directive. '

16. In § 49 (1) the expression "§ 48 lit. e" by the expression "§ 48 para. 1 lit. e" replaced.

17. In § 69, the following paragraph 1 is inserted after paragraph 1:

" (1a) Under the conditions set out in paragraph 1 (1). a and b can be converted a voluntary cooperative into a cooperative with accession force. "

18. In § 69 (5) the word "Landowners" in each case by the word "Forest Owners" replaced.

19. § 70 shall be replaced by the following sections 70 and 70a together with the heading:

" § 70. (1) The Articles of Association shall govern the activities of the cooperative. It is unanimously agreed by the members of a voluntary cooperative with the free agreement, by the members of a cooperative with membership of the association after the entry of the legal force of the appellant on the confiscation of the minority. which is referred to in Article 69 (1). (a) decide on a majority.

(2) The Articles of Association shall contain in particular:

1.

the name, seat and purpose of the cooperative, an enumeration of the associated properties, and a lagoon of the Bringer plant and the land which it has developed;

2.

provisions on the conservation of the cooperative Bringer plant and, if applicable, on the cost of the use of non-members,

3.

Provisions on the liability for damages (bail),

4.

the rights and obligations of Members and the value of their votes,

5.

provisions relating to the institutions, their composition, choice, decision-making, functional duration, scope and liability for their liabilities, the external representation of the cooperative and the dissolution of the cooperative, and

6.

the scale and the key for the allocation of the costs to the members in accordance with Section 72 (1).

(3) The statutes may also provide for a local or factual breakdown of the cooperative.

(4) The Articles of Association shall be approved by the Authority if it does not object to the provisions of this paragraph or to the other provisions of this Federal Law. With the entry of the legal force of the authority of the authority or of the recognition or decision of the administrative court of the country, the cooperative acquires legal personality.

(5) Amendments to the statutes shall be subject to the assent of the majority of the members, provided that the statutes do not specify otherwise, whereby at least two-thirds of the forest areas included in the cooperative must be owned by that majority. If no decision is taken in this way, the two-thirds majority of the members present at the General Assembly and the two-thirds majority of the votes of the members of the General Assembly shall be decisive, unless the articles of association are determined by the same. The said decisions shall not take effect until after approval by the Authority in accordance with the conditions laid down in paragraph 4.

Organs

§ 70a. (1) Cooperative bodies are, in any case, the General Assembly, the Obmann and his deputy. If the number of members exceeds ten, a board of directors is also to be set up, which at least consists of the chairman and his deputy.

(2) The General Assembly shall be convened at least every three years. It shall in particular:

1.

decision-making on the statutes and amendments to the statutes,

2.

the establishment or modification of the scale and of the key for the allocation of costs to Members,

3.

the election of the Obmann, his deputy and, where appropriate, other members of the Board of Management and

4.

the review of the building and the discharge of the management.

(3) Unless otherwise specified in the Articles of Association, the voting ratio of the members shall be determined in accordance with the cost-sharing key defined in accordance with Section 72 (1).

(4) For voting in elections and other decisions of the General Assembly, the simple majority of the total votes shall be sufficient, subject to the other provisions of the statutes. Section 70 (1) and (5) shall remain unaffected. The results of the election of institutions shall be communicated to the Authority within four weeks.

(5) In so far as the Articles of Association do not specify otherwise, circulatory decisions of the General Assembly shall be admissible.

(6) The Obmann is responsible for

1.

the chairmanship of members ' meetings and, where appropriate, at board meetings,

2.

the representation of the cooperative to the outside world and

3.

the management, unless a board of directors is to be elected in accordance with paragraph 1.

For the duration of the prevention of the obmann, his deputy shall take his place with all rights and obligations.

(7) If a Management Board is to be elected pursuant to Section 1, the Management Board shall be responsible for the management of the Cooperative. The vote on the board of directors is based on heads. For a Management Board decision, the simple majority of all Management Board members is required. In the event of a tie, the Obmann decides. Circulatory decisions of the Executive Board are admissible.

(8) Unless otherwise specified in the Articles of Association, the term of function of the elected cooperative institutions shall be six years. If the period of operation ends before the newly elected institutions take office, the former institutions shall remain in office until the newly elected institutions take office. "

20. In § 71, the previous para. 2 and 3 will receive the sales designations "(3)" and "(4)" . The following paragraph 2 is inserted:

"(2) The cooperative shall be entitled to demand from newly added members an appropriate contribution to the previous expenses as well as the prior payment of the special costs incurred by the inclusion or inclusion of the members."

21. § 72 reads:

" § 72. (1) The costs incurred by the cooperative from the performance of its duties shall be borne by the members in accordance with an allocation key, in accordance with the Articles of Association, in particular in accordance with the conditions laid down in

1.

the extent of the area which has been developed;

2.

the economic benefits,

3.

(a) and (b)

4.

special services or existing obligations of the individual members towards the cooperative

should be specified.

(2) In the case of a local or factual breakdown of the cooperative pursuant to Article 70 (3), a separate division key according to paragraph 1 may be established for each section.

(3) A change in the scale of the allocation of costs by the Articles of Association shall not be permitted if, in the case of a movement cooperative with accession, the minority forced to accede would be placed in a less favourable position than the majority in the case of accession.

(4) If the traffic conditions have changed and if the scale or the key for the allocation of the costs to the members appears unreasonable and if within reasonable time no amendment is decided in accordance with Article 70 (5), the Authority shall, on the basis of the application of a member to fix a cost allocation corresponding to the amendment according to paragraph 1. "

22. § 73 reads:

" § 73. (1) The authority responsible for supervising the cooperative shall also be responsible for deciding on all disputes between members arising from the cooperative relationship and the cooperative obligations of the cooperative. The supervision shall cover compliance with the provisions of this section.

(2) The Authority shall be exercised in the exercise of supervision;

1.

shall be entitled to monitor the activities of the Cooperative, to request access to all documents relating to the General Assembly and to request such information and to participate in the General Assembly,

2.

Entitled to convene the General Assembly if the obligation under Section 70a (2) of the first sentence has not been complied with or if this is necessary for the elimination of a maladministration, for which a resolution of the General Assembly is required,

3.

, it is obliged to correct any decisions or orders of the Cooperative, which are in breach of law or in the form of a sentence, and to ensure that the measures taken on the basis of such decisions or orders are reversed.

(3) Permanent cooperative contributions are sought by the cooperative in accordance with the provisions of the 1991 Act on Administrative Enforcement-VVG, BGBl. No 53/1991.

(4) In the event that the cooperative is not able to provide the necessary funds in good time for the performance of its liabilities against third parties, the performance of the necessary contributions may be applied to the members of the cooperative by means of a communication.

(5) A cooperative which grossly neglects its tasks may act to take the necessary action within a reasonable period of time. If the cooperative does not follow this order, the authority may, after prior threat, take the necessary action at the risk and expense of the sacred cooperative.

(6) Where and as long as the measures provided for in paragraphs 4 and 5 are not sufficient to ensure the legal or statutory activities of the cooperative, but the conditions for the action referred to in paragraph 7 are not met, the Authority may: Appoint an appropriate curator for the period of time strictly necessary and entrust it with individual or all the powers of the institutions at the expense of the cooperative.

(7) The dissolution of a cooperative is to be pronounced by the Authority if:

1.

the cooperative, in accordance with the provisions of the Statute, decides to resolve it; or

2.

there is no forestry interest in the continued existence of the cooperative with regard to the circumstances.

(8) In the event of a dissolution, the Authority shall exercise the interests of the creditors and the obligations of the Cooperative in accordance with paragraph 4 and prescribe the measures necessary.

(9) A cooperative shall be deemed to be dissolved if it comprises fewer than three members. "

23. In § 80 paragraph 6 lit. b becomes after the word "Christmas tree breeding" the phrase "or the short drive" inserted.

24. In § 80 (7) the word order is deleted "the rearing of the Christmas tree" .

25. In § 102 (6):

"(6) In the case of the monitoring and survey activities carried out by the services in the catchment areas of the wild creeks and avalanches, § 172 (1), third sentence, shall apply in respect of forest and non-waving areas."

26. § 104 (4) (2) (2) reads:

2.

Nationals of a Contracting Party to the Agreement on the European Economic Area, not referred to in Z 1

27. In § 104 (4) (3), the word order shall be deleted "with regard to the occupations according to § 105 (1) Z 1 to 4" .

28. In § 105 (1) (1) (1), after the word "Forestry Assistant" the phrase "or the Forestry Assistant" inserted.

29. In § 105 (1) Z 2, after the word "Forest AdjPoint" the phrase "or the forest adjunta" inserted.

30. In § 105 (1) Z 3, after the word "Forestry host" the phrase "or the forestry lady" inserted.

31. In § 105 (1) Z 4, after the word "Förster" the phrase "or the Försterin" inserted.

32. In § 105 (1) Z 5, after the word "Forest wart" the phrase "or the forest wartin" inserted.

33. In § 109 para. 6 Z 2, the lit. b and c by the following lit. b and c as well as the following final part:

" (b)

in the case of the professions of forester or forest adjunkt, an education within the meaning of Art. 11 lit. (b) Directive 2005 /36/EC,

c)

in the case of the profession of forestry, training within the meaning of Art. 11 lit. a of Directive 2005 /36/EC

and "

34. In § 109b (1) the word "Community law" by "Union Legal" and the expression "§ 104 (4) Z 1" by the expression "§ 104 (4) (1) to (3)" replaced.

35. In § 109b (2), the expression "§ 104 (4) Z 1" by the expression "§ 104 (4) (1) to (3)" replaced.

36. The following sentence is added to § 109b (9):

"Z 5 shall not apply to nationals of the EFTA States."

37. In § 110 para. 1 lit. a is the expression " 19. Life Year " by the expression " 18. Life Year " replaced.

38. In § 110 para. 1 lit. c will be the phrase "A multi-week course at a forestry teaching institution or at the Federal Office and Research Centre for Forest" through the phrase "Course in the amount of 40 hours or parts thereof, for which no recognition pursuant to paragraph 3 was made, at a forestry teaching institution or at the Federal Research and Training Centre for Forest, Natural Hazas and Landscape" replaced.

39. In § 110 paragraph 1 lit. (d) and (2), the phrase "a public watch" through the phrase "an institution of public supervision" replaced.

40. In Section 110 (2), the phrase "the forest owner" through the phrase "a forest owner" replaced.

41. The following paragraph 3 is added to § 110:

" (3) Qualifications or professional practice shall be deemed by the Authority to be the training referred to in paragraph 1 (1). c partially or wholly equivalent. '

42. The title of § 111 reads as follows:

"The forest protection body as a body of public supervision"

43. § 111 (1) reads:

" (1) The forest protection body shall have the rights conferred by Section 112 of an institution of public supervision and shall be entitled, in the exercise of its service, without prejudice to the provisions of the 1996 Weapons Act, BGBl. I n ° 12/1997, to carry out a firearm. "

44. The title of § 114 reads:

"Forestry bodies for several compulsory establishments"

45. The text of § 114 shall become the sales designation "(1)" , the following sentence shall be added to paragraph 1:

"The forest areas of the compulsory holdings are to be combined for the purpose of determining the type of forest management body (section 113 (2)) and the mandatory number of forest organs to be allocated (section 113 (3))."

46. The following paragraph 2 is added to § 114:

" (2) If a Forstorgan is appointed for several compulsory holdings without a joint application by forest owners, the Governor shall not be able to accept the order by means of a communication if the conditions of Section 1 and Section 113 are not fulfilled. The last sentence of paragraph 1 shall apply mutatily. "

47. § 115 (1) last sentence reads:

"The notification shall indicate the area of service allocated and its extent, including where appropriate, orders for other compulsory establishments to be notified by the Forstorgan to the forest owner."

48. § 129 together with headline reads:

" Federal Office of the Forest and Federal Research and Training Centre for Forest, Natural Hazas and Landscape

§ 129. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Finance, has a Federal Office for Forest and Federal Research and Training Centre for Forest, Natural Hazarisation and Natural Hazarisation, in agreement with the Federal Minister for Finance. Landscape (Federal Office of the Forest and Research Centre) including training centres and accommodation facilities in accordance with the BFW Act, BGBl. I No 83/2004. In this respect, there are also opportunities for training in the forest, for the practical testing of working methods, equipment, machines and equipment. "

49. In the title of section 130 and its subsection 4, the word order shall be "Federal Office and Research Centre for Forest" through the phrase "Federal Office of the Forest and Research Centre" replaced.

50. In § 130 (1), first sentence, the word order shall be "Bundesamt und Forschungszentrum für Wald" through the phrase "Federal Office of the Forest and Research Centre" replaced.

51. § 130 (1) (1) (1) reads:

" 1.

Perception of the Federal Office of the Forest in accordance with the Forestry Reproductive Material Act 2002, BGBl. I n ° 110/2002, implementing powers delegated to the Federal Office of the Forest pursuant to the Plant Protection Act 2011, BGBl. I No 10/2011, delegated tasks for the implementation of forestry plants in accordance with the Annex to this Federal Act and their plant products; "

52. In Section 130 (3), the phrase "Bundesamt und Forschungszentrum für Wald" by the word "Research Centre" replaced.

The following sentence shall be added to section 170 (5):

"This shall also apply to proceedings pursuant to Article 185 (6)."

The third sentence of Section 172 (1) reads as follows:

" For this purpose, their institutions shall be entitled to:

1.

to enter each forest, and also to use the forest roads and paths outside the forest, if they are suitable for use, also by way of experience, and

2.

to request information and evidence from the owner of the forest, its forest organs and forest protection bodies to the extent that they are relevant to forest supervision. "

55. In § 172, the following paragraph 2a is inserted after paragraph 2:

"(2a) In the context of the determination of the periodic log-in, the authorities shall be entitled to request the necessary information or evidence from the forest owner or its forest organs."

Section 172 (3) reads as follows:

"(3) The rights referred to in paragraph 1 (1), (1) and (2) and (2) shall also apply to the institutions responsible for carrying out forest-based surveys, such as the Austrian Forest Inventory."

57. In § 174 para. 1 lit. a is inserted after Z 6 the following Z 6a:

" 6a.

Contrary to § 17a (4), a reforestation or rejuvenation of the rejuvenation is not carried out; "

58. In § 174 para. 1 lit. a is inserted after Z 7 the following Z 8:

8.

a grubbing-up is carried out against § 19 (8); "

59. In § 174, para. 1 lit. a is inserted after Z 19 the following Z 19a:

" 19a.

contrary to § 46 plant protection products; "

60. § 174 (1) (lit). b Z 2 is:

" 2.

Wind protection systems treated in accordance with section 25 (5); "

61. In § 174 para. 1 lit. c Z 11 shall be after the word "withholding" the phrase "or the prescribed notice to the forest owner does not work" inserted.

62. In § 174 (1) (c), the following Z 13 is inserted after the Z 12:

" 13.

the information required pursuant to Section 172 (2a) is not issued or is not provided proof of evidence; "

63. In § 174, para. 1, first sentence, the word order shall be "commit an administrative surrender" through the phrase "-if the action does not constitute a criminal offence under the jurisdiction of the courts or is threatened with more stringent punishment in accordance with other administrative criminal provisions-an administrative surrender" replaced.

64. In § 174 (1), last sentence, Z 1 to 3 and (3), last sentence, Z 2 and 3, the term shall be: "Arrest" by "Custodial Sentence" replaced.

65. In § 174, para. 4, the expression " 1 and 4 " by the expression " 1 and 3 " replaced.

66. In § 174 (5) the reference " 4 lit. b " by reference " 3 lit. b " replaced.

67. § 174 (7) shall be replaced by the sales designation "(8)" ; the following paragraph 7 is inserted:

" (7) The penalty of the author of objects to which the offence referred to in paragraph 1 or para. 3 lit. (b) 2, 3 and 4, or the proceeds from the recovery of these goods, as well as tools and means of transport normally used for the extraction and transport of forestry products, may be pronounced; in the case of paragraph 1 If these objects, tools or means of transport are to be found in lit. a Z 4, 7, 12, 19, 28 to 30 or in lit. b Z 34 of paragraph 1, which is more closely related to the transgressing of the administrative system. "

68. In § 174, paragraph 8, the expression " Z. 3 " by the expression "Z 3" and the word "Unrat" by the word "Waste" replaced.

69. In accordance with § 178, the following § 178a together with the heading is inserted:

" Linguistic equality

§ 178a. All personal designations used in this Federal Act apply equally to persons of both female and male sex. "

70. The following paragraph 9 is added to § 179:

" (9) § 46 para. 2 last sentence in the version of the Federal Law BGBl. I n ° 104/2013 is 1. Jänner 2014 in force. "

71. § 181 with title shall be deleted.

72. § 183a together with the headline is:

" Applicability of the provisions of other federal laws and of legal acts of the European Union

§ 183a. References in this Federal Act to other legislation of the Federal Republic of Germany or directly applicable law of the European Union shall, unless expressly stated otherwise, be understood as references to the version in force in each case. "

73. The title of § 183b reads:

"Reference to Union law"

74. The subsection of § 183b reads as follows:

" This federal law implements the following acts of the European Union, or completed: "

75. In § 183b the word order in Z 1 " as amended by Directive 2006 /100/EC, OJ L 327, 30.4.2006, p No. OJ L 363, 20.12.2006 p. 141 " through the phrase " as last amended by Regulation (EU) No 623/2012, OJ L 206, 22.7.2012, p. No. L 180, 12.07.2012 p. 9 " ; the point at the end of Z 2 is replaced by a dash; the following Z 3 and 4 are added:

" 3.

Directive 2009 /128/EC establishing a framework for Community action to ensure the sustainable use of pesticides, OJ L 327, 28.12.2009, p. No. OJ L 309, 24.11.2009, p. 71, as amended by the corrigendum OJ L 309, 27.11.2009 No. OJ L 161, 29.06.2010 p.11, and

4.

Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market and repealing Directives 79 /117/EEC and 91 /414/EEC, OJ L 327, 31.12.2009, p. No. OJ L 309, 24.11.2009 p. 1.

76. In accordance with § 184, the following § 184a and the heading are inserted:

" Transitional provisions of the Forest Law Novel 2013, BGBl. I No 104/2013

" § 184a. According to § § 68 to 73 of the Forest Act 1975, BGBl. No. 440/1975, as last amended by the Federal Law BGBl. I n ° 55/2007, the forms of association formed, as well as the provisions and authorisations of statutes which are to be adopted, shall be deemed to be those within the meaning of § § 68 to 73. "

77. In the Annex, after the word order "Wildobstgehölze und Straucharten" (Wildobstgehölze und Straucharten) "for forest and biotope design" the phrase " , as far as they do not appear to be a part of the inventory. " .

Article 11

Federal Law, with which the Wine Act 2009 will be amended

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. § § 35 to 37 together with the headings are:

" Definitions and placing on the market

§ 35. (1) "Fruit wines" within the meaning of this Federal Law are the beverages produced by alcoholic fermentation of the juice or the mash of fresh and suitable fruit of the core, stone, berries or other fruit, containing a content of alcohol of at least 1,2% vol. , as well as other products of the fruit wine sector, for the production and designation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the requirements are to be laid down. This Regulation shall specify in particular the extent to which the other products of the fruit wine sector may be treated with alcohol, flavoured or obtained by the second alcoholic fermentation of fruit wine. In the case of fruit-wine-containing beverages, the proportion of basic wine wine must be at least 50%.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to draw up a list of the assignment of the individual fruit to the Obstart groups of core, stone and berry fruit with a regulation. All fruit not included in this list will be assigned to the other fruit. Grapes are not covered by the term "fruit" within the meaning of this Federal Law.

(3) The placing on the market of fruit wines other than those referred to in para. 1 and produced in Austria is prohibited.

Treatment of fruit wine

§ 36. (1) For the treatment of fruit wine, the following shall be allowed:

1.

the application of procedures to be laid down by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, with a distinction between the treatment of chernobyl wine, stone fruit and soft wine; and shall, in particular, provide for rules on the addition of sugar, fruit juice and fruit juice concentrate, and

2.

the cropping of fruit wines of different fruit groups and the addition of fruit juices of various fruit groups, provided that the product is placed on the market under the name "fruit wine".

(2) Understated

1.

the cropping of fruit wine with spoiled or adulterated fruit wine,

2.

the cropping of fruit wine with wine and

3.

the use of fruit and fruit orchards.

Name of fruit wine

§ 37. (1) Chernobyl wine is to be described as "fruit wine", "fruit must" or "must", stone fruit wine as "stone fruit wine" and "berry wine" as "berry wine".

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to lay down further provisions for the designation of fruit wine by means of a regulation. "

2. § § 38 to 40 are deleted.

3. § 61 (2) Z 14 and 15 reads as follows:

" 14.

Fruit wine treated in accordance with § 36,

15.

Fruit wine contrary to § 37, "

4. § 71 (1) (1) (1) is:

" 1.

Regulation (EU) No 1169/2011 on the provision of food information to consumers and amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 and repealing Directives 87 /250/EEC, 90 /496/EEC, 1999 /10/EC, 2000 /13/EC, 2002 /67/EC and 2008 /5/EC and Regulation (EC) No 608/2004, OJ L 206, 22.7.2004, p. No. OJ L 304, 22.11.2011 p. 18;

5. § 71 (3) Z 1 reads:

" 1.

Regulation (EC) No 1881/2006 laying down maximum levels for certain contaminants in foodstuffs, OJ L 327, 30.12.2006, p. No. OJ L 364, 20.12.2006 p. 5;

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

" (4) § 71 paragraph 1 Z 1 in the version of the Federal Law BGBl. I n ° 104/2013 will enter into force on 13 December 2014. "

Fischer

Faymann