Agricultural Law Amendment Act 2013

Original Language Title: Agrarrechtsänderungsgesetz 2013

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_104/BGBLA_2013_I_104.html

104. Federal law, with the 2009 change the fertilizers Act 1994, the feedingstuffs Act 1999, the health and food safety Act, the plant protection act of 2011, the agricultural Control Act, the Federal law on the Federal offices for agriculture and the agricultural federal institutions, the Börsesensale law, the marketing standards Act, the Forestry Act of 1975 and the wine law and a federal law on the agricultural commodity exchange is issued (agricultural law amendment Act 2013)

The National Council has decided:

Table of contents article subject change of the 1st fertilizers Act 1994 2nd feed 1999 3. health and Nutrition Security Act 4 plant protection act 2011 5 agricultural control 6 Federal Act on the Federal offices for agriculture and the agricultural federal agencies 7 Börsesensale law 9 marketing standards Act 10 Forestry Act 1975 11 wine 1999 issue of 8 commodity Exchange Act article 1

Federal law, in 1994 modifies the fertilizer Act

The fertilizers Act 1994, BGBl. No. 513/1994 in the version of Federal Law Gazette I is no 87/2005, following changed:

1 paragraph 4 Nos. 2 and 3: ' 2 pesticides under the Pesticides Act of 2011, BGBl. I no. 10/2011, 3. waste according to the waste management Act 2002, BGBl. I no. 102/2002, as well as the recycling of waste water and waste, sludge, sewage sludge compost, sewage and garbage compost, "2. § 4 Z 10 is omitted.

3. § 5 paragraph 2 No. 4 is: "4. untreated or local Klärschlamm(kompost), as well as hazardous waste and problem substances in accordance with the waste management Act 2002 contain, or" 4. § 5 be added following paragraph 3 and 4:

"(3) for the authorisation and the placing on the market of fertilizers, soil improvement substances, growing media and plant resources are the guidelines of the Advisory Council for soil fertility and soil protection to attract in particular the guidelines for the proper fertilization, taking into account the soil functions.

(4) manufacturing sites and responsible distributors have adequate facilities and quality assurance systems to meet the requirements referred to in paragraph 2."

Article 2

Federal Act 1999 amends the animal feed law

The feed law 1999, Federal Law Gazette I no. 139/1999, as last amended by Federal Law Gazette I no. 87/2005 and the Ministry Act of 2009, Federal Law Gazette I no. 114/2012, is amended as follows:

1. paragraph 1 paragraph 2:

"(2) this Federal Act shall not apply to medicinal products within the meaning of the medicines Act, Federal Law Gazette No. 185/1983."

2. § eliminates 2 Z 7; the Z 8 to 20 get the digit designations "7" to "19.".

3. in section, the phrase "Commission of the European Community" is replaced by the phrase 'European Commission' 2 Z 13.

4 in 3 para 1, § 4 introduction part, § 5 para 2 first sentence, section 6 para 2, § 12 ABS. 2 and 4, § 13 para 2, § 16 para 2 third sentence, 7 and 8, § 17 para 2 is third set and 6 and article 20 para. 3 the word "Community" respectively replaced by 'Union'.

5. in article 4, paragraph 1 introductory part, § 5 para 2 first sentence, section 6 para 2, § 11 para. 2, section 12 paragraph 2, first sentence, and paragraph 3, section 13, paragraph 2 and section 20 para 4 deleted the phrase "and women".

6 the following paragraph 3 is added to § in 5:

"(3) animal feed, premixes and additives, which are intended for export to a third country are to be marked accordingly (article 12 of Regulation (EC) No. 178/2002)."

7 § 7 together with the header is omitted.

8 paragraph 11 together with the heading:

"Imports from third countries

§ 11 (1) the import of animal feed, premixes and additives is permitted only via an entry point. The Federal Minister for agriculture and forestry, environment and water management is in agreement with the Federal Minister of finance, and in the case of the import of feedingstuffs of animal origin ̶ ̶ establishing those border customs offices as entry points the Federal Minister of health, simplicity and cost savings for the import control and customs clearance are in accordance with the principles of expedience, quickness.

(2) the Federal Agency for food security has a document control for each importation of feedingstuffs of plant origin, premixes or additives as well as carry out an identity check and, if necessary, a sampling in the sampling procedure. The identity check includes the examination of the documents and the marking on their conformity with the products by inspection. As prescribed in the relevant legislation, the Federal Office for food security on the checks carried out has to draw up a document. In the import of feedingstuffs of animal origin, document control, the identity check and, if necessary, the sampling by the veterinary authorities are making. For carrying out the checks, fees are payable (§ 19) by the importer.

(3) Customs authorities make perceptions that give rise to doubts whether the goods correspond to the feed regulations, at the customs clearance of goods so they have to communicate immediately their perceptions to the Federal Agency for food security. This is according to Regulation (EC) No. 765/2008 on the requirements for accreditation and market surveillance relating to the marketing of products (OJ No. L 218 of August 13, 2008 S. 30) to proceed.

(4) the Federal Agency for food security has to arrange the necessary measures towards the responsible person's expense according to § 17."

9. in article 15, the phrase is "once a year".

10. in article 16, paragraph 8, the word order is "in accordance with article 22 of Directive 1995/53/EC (article 23, paragraph 1 Z 8)" replaced by "in accordance with article 44 of Regulation (EC) No. 882/2004 (§ 23 para. 3 Z 5)".

11. the section 16 be attached following paragraph 9 and 10:

(9) having competent authorities for monitoring and compliance with the provisions of this Federal Act checks (audits) to ensure that no 882 / 2004 set forth principles applied in Regulation (EC) when carrying out official controls. To this end, experts can accompany the supervisory bodies in the implementation of control activities.

(10) to ensure the can in the Regulation (EC) No 882 / 2004 objectives and principles the Federal Minister for agriculture and forestry, environment and water management in consultation with the Federal Minister of health by regulation adopt more regulations to carry out the official controls."

12 paragraph 17 section 5:

"(5) a reasonable suspicion exists, that feed, additives or premixtures or the operational requirements (sections 12 to 14, as well as Regulation (EC) No. 183/2005) not this federal law or the regulations based on it conform to the supervisory bodies - under a reasonable period to be set at the same time - can arrange the necessary measures to remedy defects or risk elimination, as in particular: 1. the prohibition of the placing on the market and of the Verfütterns;"

2. an appropriate treatment;

3. use other than for use as animal feed;

4. the destruction;

5. transportation to the place of origin in the case of cross-border spending;

6. the return from the market, if necessary, up to the final customer;

7. information of the buyer with reference to the possible danger;

8. the immediate reporting of the implementation of Government measures;

9 adjusting of the labelling or packaging;

10. the implementation of operational measures, in particular in the feed manufacturing, storage, documentation, staff training, equipment or Autocontrol, including the submission of examination certificates in justified cases."

13 § 21 para 1 is the comma at the end of the Z 11 word replaced "or"; After the Z 11 following Z 12 is inserted: "No. 183/2005 manufactures 12 feed, premixes or additives, contrary to the requirements of annex I or II of Regulation (EC) or in traffic brings," 14 § 23 para 1 is:

'(1) by this federal law is the Directive 2002/32/EC on undesirable substances in animal feed, as amended by Directive 2005/8/EC (OJ No. L 140 of the 30.5.2002 p. 10 idF OJ (Nr. L 27 vondem 29.1.2005 S. 44) implemented. "

15 paragraph 25 No. 1: "1 § 4, § 5 para 2, § 6 par. 2, article 11, paragraph 1, article 12 par. 2 and 3, § 13 para 2, § 16 para 10 and section 20 para 4 in consultation with the Federal Minister of health," article 3

Federal law, which amends the health and food safety act

The health and food safety Act, Federal Law Gazette I no. 63/2002, as amended by Federal Law Gazette I no. 48/2013, is amended as follows:

1 § 8 para 2 Z 10 is: "10 examination and assessment of fertilizers, soil improvement substances, growing media and plant AIDS in the fertilizers Act 1994, and investigation, assessment and evaluation of floors in regard to ensuring the function as agricultural production basis;"

2. § 8 par. 2 following Z 18 to 21 are attached: "18.

Development and implementation of measures for the conservation and improvement of bee health, bee protection and the production of high-quality bee products;

19 determination of radioactivity in foodstuffs according to the radiation protection act;

20 investigations of radioactivity in accordance with § 37 para. 1 radiation protection act not by no. 19 included;

21 participation in the elaboration and implementation of measures for the conservation and promotion of biodiversity."

3. in article 8, after paragraph 2, the following paragraph 2a is inserted:

"(2a) the Agency has to achieve in the international treaty on plant genetic resources for food and agriculture, Federal Law Gazette III No. 98/2006, to meet the following goals as far as not subordinate departments of the Ministry of agriculture and forestry, environment and water management for responsible are: 1 exploration, collection, characterization, evaluation, documentation, preservation, and provision of plant genetic resources for food and agriculture, and management in public gene database and coordinate of the documentation of plant genetic resources for food and Agriculture;"

2. Exchange of information, participation in national and international cooperation and on the research and work on a global information system. "

4. Article 19 is added the following paragraph 26:

"(26) the methods for seed and varieties in accordance with § are 5 seed law 1997 regulations of the Federal Agency for food security. These are to be published in accordance with § 6 paragraph 7 in the official news of the Federal Agency for food security. The provision of § 19 paragraph 26 in the version of Federal Law Gazette I is no. 104/2013 in force on July 1, 2013."

5. in article 20, paragraph 2, the phrase is "§ 8 par. 2 Z 1 to 7 and Z 13 to 15" by the phrase "§ 8 ABS. 2 Z 1 to 7, 13 to 17 and 19" replaced.

5. in article 20, paragraph 3, the phrase is "§ 8 par. 2 Z 8 to 12" by the phrase "§ 8 par. 2 Z 8 to 12, 68, 20, and 21, and para 2a" replaced.

Article 4

Federal law, 2011 modifies the plant protection law

The plant protection law 2011, Federal Law Gazette I no. 10/2011, is amended as follows:

1 paragraph 3 section 2:

"The transmission of data, which in 1997 raised seed law, between the different official bodies as well as with the enforcement of the seed law is only allowed if this 1 to meet Union legal or international obligations or 2 for reasons of overriding public interest in preserving the health of the plants responsible authorities in execution of this federal law, in particular the sections 13 to 15, 18 to 21, 28, 34 and 35, as well as in execution of article 10."

2. in article 32, paragraph 1, the phrase does not apply "and article 218 paragraph 1 letter d of Regulation (EEC) No 2454/93 of the Commission (customs code implementing regulation)".

3. in article 34, paragraph 2, the following records are attached:

"The exhibition of phytosanitary certificate has to be employed by an official authority by officials of the official body pursuant to article 3 of this federal law or by institutions. Preparatory work for the issue of certificates may be carried out by officially authorized other persons under the supervision of staff in accordance with the previous sentence."

4. in article 38, paragraph 2, the last sentence is omitted.

5. paragraph 4 is omitted § 38.

6 paragraph 5 deleted § 38.

7 paragraph 8 deleted § 38.

8. in paragraph 44, the phrase "as well as the authorities responsible for the enforcement of the seed law" is inserted after the phrase "between different official bodies".

9 the following paragraph 5 is added to § the 49:

"I will take no. 104/2013 (5) sections 38, par. 2, 4, 5 and 8 in the version of Federal Law Gazette 1 January 2014 effect."

10. in paragraph 50, Z 3 is omitted the phrase "and § 38 paragraph 2 second sentence, paragraph 4 and 8".

Article 5

Federal law that amends the law of agricultural control

The agricultural Control Act, Federal Law Gazette I no. 111/2010 is amended as follows:

In § 1, the phrase "in accordance with the 1999 fuel regulation" is replaced by the phrase "in accordance with the fuel regulation 2012".

Article 6

Amendment of the Federal Act on the Federal offices for agriculture and the agricultural federal agencies

The Federal Act on the Federal offices for agriculture and the agricultural federal agencies, Federal Law Gazette I no. 83/2004, is amended as follows:

§ 22 para 4 to 7 is replaced by the following paragraph 4:

"(4) § 22 para 4 through 7 as amended by Federal Law Gazette No. 104/2013 occurs at the end of 30 June 2013 override."

Article 7

Amendment of Börsesensale law

The Federal law of 13 October 1948 on Börsesensale (Börsesensale Act), Federal Law Gazette No. 3/1949, as last amended by Federal Law Gazette No. 555/1989, is amended as follows:

1 in the heading to § 13, § 13 ABS. 1, 2 and 5 and § 14, the word "Brokers fee" is replaced by the word "Brokerage fee".

2. paragraph 13 paragraph 2:

"(2) the amount of the brokerage fee is determined by the Exchange Chamber - after consulting the professional interests and the Federal Ministry of agriculture and forestry, environment and water management -."

3. in article 17, paragraph 1 and 2, the word "Governor" will be replaced by the phrase "Federal Minister for agriculture and forestry, environment and water management".

4. in article 17, paragraph 3, the phrase "Provincial Chamber of trade and industry" is replaced by the phrase "Austrian Federal Economic Chamber".

5. § 22 para 1 Nos. 1 and 2 are: "1 the reference, 2. fines up to 30 €."

6 paragraph 23 no. 1: "1. fines up to €300;"

7 31 the following paragraph is added to section 30:

"article 31. §§ 12, 14, 17, 22 and 23 no. 104/2013 with 1 July 2013 as amended by Federal Law Gazette I into force."

Article 8

Federal law on the agricultural commodity exchange (Commodity Exchange Act)

Organization and functions

§ 1 (1) the market for agricultural products in Vienna ("Exchange") is a based on self-government public legal entity, the following tasks: 1 market observation, pricing and-notierung for agricultural products, 2. the holding of Exchange session, 3. specifying practices for Commerce, 4. render opinions and 5 exercise the arbitration.

(2) agricultural products are included of the trading. Stock exchange transactions shall be deemed to be those transactions are concluded in the trading floor during the stock exchange about such products, which can be traded on the commodity exchange.

Organs

2. (1) the organs of the commodity exchange are 1 the Exchange Chamber and its committees, 2. the President and 3 the Bureau.

(2) the Exchange Chamber consists of Stock Exchange Council. The Office of the Stock Exchange Board is an unbesoldetes voluntary work and to exercise personally. The Exchange Chamber can use committees to the performance of individual tasks.

(3) the Stock Exchange Board is responsible for: 1 the issuing of the rules of procedure and amendment thereto, 2. the election of the President and the Vice President, members of the Committee, fund managers and Auditors, 3. the dismissal of stock exchange boards, 4. enacting the practices for Commerce, 5. the appointment and removal of Börsesensalen and other intermediaries, 6 the management of the stock assets and 7 the issue of service and related regulations for the staff of the commodity exchange.

(4) the President directs the commodity exchange and represents it outside. He will decide in all matters that are reserved not the Exchange Chamber or its committees. In the case of disability, the President is represented by one of the Vice Presidents according to their ranking.

(5) the Executive Committee is elected by the Exchange Chamber. It consists of the President, the first, second and third Vice-President and the Office Manager and advise the President in his decisions; the President has to consult the Bureau in extraordinary Affairs. The President of the Board of referees is to consult the deliberations of the Bureau.

(6) the Office business of the commodity exchange are concerned by the Secretariat (Secretary of the stock exchange). A Secretary General can be entrusted with the summary treatment of the businesses of the commodity exchange.

Arbitration tribunals

3. (1) the exercise of the arbitration is made by arbitration. The arbitration shall contain provisions on the composition of the arbitration and the procedure before the arbitration and by regulation of the Federal Minister for agriculture and forestry, to adopt environmental and water management in consultation with the Federal Minister of Justice.

(2) the function of the arbitrator is an unbesoldetes voluntary work and to exercise personally. The effective period of the referee is four years; the repeated exercise of the function is allowed. The entirety of the referee makes the College of referees. At the order of the referee Board, caution is to take on a functional balance between experts from the agricultural and economic sectors. The detailed provisions on the formation of arbitration courts are to set the rules.

Principles of Exchange operations


§ 4. The Exchange has to get the tasks conferred on it by this federal law, taking into consideration the national economic interest in a functioning trade and the legitimate interests of the market participants.

Rules of procedure

5. (1) the activities of the commodity exchange will be performed based on rules of procedure adopted by the Exchange Chamber, is approved by the Federal Minister of agriculture and forestry, environment and water management.

(2) the rules of procedure has to govern in particular: 1 divisions of the commodity exchange, 2. the conditions for membership of the Exchange and the exchange visit, 3. the rights and obligations of members of the Exchange and exchange visitors, 4. the choice or appeal and composition of bodies and their rights, duties and function duration, 5. the requirements for valid resolutions through the organs, 6 the provisions for the management and use of the stock assets , 7. the establishment of the Exchange time and Exchange location, 8 the rules for stock market trading, 9 charges for activities of the commodity exchange and 10 the provisions of the by-laws of the messages to verlautbarenden.

Stock exchange trading

Section 6 (1) trading at the commodity exchange takes place directly between the exchange visitors or through the intermediary of Sensalen or obligated persons authorised by the Exchange Chamber. Act as an intermediary broker are the provisions of the Börsesensale Act, Federal Law Gazette No. 3/1949, to apply.

(2) trading has to balanced and according to the principle of equal treatment of all market participants appropriate rules to expire. Are closed no deals, third parties serving only the Bill or the disadvantage.

Quoted price

§ 7 (1) of the commodity exchange prices of agricultural products on the basis of price experiences covered by trading out of business transactions be carried out by the competent Committee of the Stock Exchange Chamber since the last listing on that Exchange.

(2) the commodity exchange has immediately to ensure the proclamation of the prices determined in accordance with paragraph 1 in the price sheets.

Official news

§ 8. The Exchange has to issue official messages and to make it available to the concerned public in an appropriate manner. In the "official news of product Exchange" are in particular to be published: 1 the rules of procedure, 2. the practices for business transactions, 3. the course leaves and the principles of pricing and 4 other proclamations of the municipality on the basis of this Federal Act and the regulations based on it, as well as on the basis of the rules of procedure.

Supervisory

9. (1) the commodity exchange is subject to the supervision of the Federal Minister for agriculture and forestry, environment and water management in consultation with the Federal Minister of economy, family and youth, which is exercised through the stock exchange Commissioner. The stock exchange Commissioner must monitor compliance with the provisions of this Federal Act.

(2) the trade supervisory responsibility the President, who can transfer this task, a member of the Board or a member of the Exchange Chamber.

Stock Exchange Commissioner

§ 10 (1) of the Federal Ministry of agriculture and forestry, environment and water management has in consultation with the Federal Minister of economy, to order the stock exchange Commissioner and the required number of Deputies family and youth. You are subject to the instructions of the Minister in their function and can be recalled at any time.

(2) for the purposes of the exercise of its supervisory obligations, they are especially entitled 1. attend all meetings of the Exchange Chamber and its committees, of the Bureau and of the Board of referees to take part, to require 2 at any time by the authorities of commodity exchange and Sensalen all information necessary to carry out their supervision and inspection of records and documents.

Transitional and final provisions

§ 11 (1) the personal names used in this federal law applies the selected form for both genders.

(2) as far as other legislation is referenced in this federal law provisions, they are to apply in their respectively valid version.

(3) the commodity exchange occurs with 1 July 2013 total legal successor in all existing rights and obligations under the Act of January 4, 1903, RGBl. No. 10/1903, approved exchange for agricultural products in Vienna a.

(4) the organs and officials of the stock exchange for agricultural products in Vienna, as well as the stock exchange Commissioners, who were active until the date of entry into force of this federal law, lead up to the new orders continued their activity.

(5) the rules of procedure and the established practices for business transactions, which are up to the time of the entry into force of this federal law in force, are up to the further apply their new issue.

(6) the currently applicable rules of arbitration of exchange for agricultural products in Vienna, Federal Law Gazette II No. 347/2009, remains unaffected by this federal law.

(7) the pricing and listing, the the OÖ. Fruit market until the date of entry into force of this federal law under the provisions of the Act of January 4, 1903, RGBl. No. 10/1903, as last amended by the Federal Act Federal Law Gazette No. 555/1989 according to and under the Ordinance, BGBl. No. 362/1924, has performed, can the Statute of Upper Austria. Fruit Exchange be exercised further by August 1, 1964, as amended on March 25, 1999.

Enforcement clause

§ 12. The Federal Minister for agriculture and forestry, environment and water management is entrusted with the execution of this Federal Act, 1 in terms of § 3 para 2 in agreement with the Federal Minister of Justice and 2nd in terms of § 9 para 1 and 10 para 1 in agreement with the Federal Minister of economy, family and youth.

Entry into force

13. (1) this federal law with 1 July 2013 enter into force.

(2) with entry into force of this Federal Act enter override: 1. the regulation of the federal ministries for agriculture and forestry, finance and trade and traffic regarding the appointment of members to the Board of the agricultural exchanges, BGBl. No. 362/1924, and 2. the Act of January 4, 1903, with which some off amending and supplementary provisions to the law of 1 April 1875 , R.G.Bl. No. 67, concerning the Organization of exchanges, are adopted, RGBl. No. 10/1903, as last amended by Federal Law Gazette No. 555/1989.

Article 9

Amending the marketing standards Act

Marketing standards follows the law - VNG, Federal Law Gazette I no. 68/2007, in the version of Federal Law Gazette I is no. 111/2010, as amended:

1. Article 1, par. 3, article 5, paragraph 1 Z 6 and § 19 paragraph 2 the word "community" "Union law" replaces.

2. paragraph 2 No. 1: "1. agricultural products are the products of the part 1, as well as the products of fishing and aquaculture of the part 2 of the annex. They will, if they are designed, to be brought on the market known as the products or goods. The Federal Minister for agriculture and forestry, environment and water management can the product catalog in the annex shall by regulation, as far as these products in the acts referred to in article 1, paragraph 2 of the European Union marketing standards are set or can be set to change."

3. in article 2 No. 7 and no. 9, § 5 para is 1 Z 3, § 8 para 4, § 13 para 1, § 19 para 1 and article 20, paragraph 1 the word "Community" is replaced by "Union".

4. paragraph 3 section 2:

"(2) the Governor is the competent authority or body within the meaning of acts referred to in § 1, para. 2, of the European Union, as far as from other provisions of this Federal Act not different results."

5. paragraph 3 para 3:

"(3) as far as the reimbursement of messages or reports or provide information to institutions of the European Union or third countries are intended in acts within the meaning of § 1 para 2, the Federal Minister for agriculture and forestry, environment and water management is responsible for this. The authorities referred to in article 11, paragraph 1 and 2 have the Federal Ministry of agriculture and forestry, to provide the necessary information and information environment and water management for this purpose, as well as in the interest of a uniform enforcement of these acts on request, as well as to provide the relevant data in the requested form."

6. in article 6, paragraph 2, the word is replaced by "Union law" "community".

7. in article 7, paragraph 3, the word "Community" is replaced by "Union law".

8 paragraph 11 paragraph 2:

"(2) the implementation of domestic control is the Governor. However the procedures for the approval and registration of producers, packaging companies or packing centres (such as application, notification, approval, licensing and injunction proceedings), in particular the allocation of operating numbers by the district administrative authority and the monitoring of consumer information in the framework of the common organisation of the market for fishery and aquaculture of the BAES, are making."

9 paragraph 11 paragraph 6:


"(6) to review the marking according to production methods or the regional origin in the sense of § 5 para 1 the Governor of also technically able people from private organisations or public bodies can use Z 5. They are bound by the instructions of the Governor."

10 12 paragraph 4 the following sentence is added to §:

"The Federal Ministry of agriculture and forestry, environment and water management may lay down more detailed provisions on the training by regulation."

11 § 15 paragraph 4 first sentence reads:

"For the occasion of the import or removed from the domestic control and taken into official custody trial, the Federal Government has to provide compensation, the amount of which is determined by the BAES, on the occasion of the domestic control of the provincial Governor in samples at the import."

12 section 19 be added following paragraph 6, 7 and 8:

"(6) the supervisory bodies have to file a complaint, if the provisions of this Federal Act are not met at the district administrative authority.

(7) the supervisory bodies may refrain from the display when only 1 minor defects or 2. suspicion of a minor fault is given.

You have the designated on the unlawfulness of his behaviour has been proven to do.

(8) if apart from an indication in accordance with paragraph 7, so the claimant has anyway, to bear the costs of control and any sampling and investigation."

13 paragraph 21 paragraph 1:

"(1) who 1."
Goods contrary to provisions concerning designation, marking, sorting, packaging or transport, which are referred to legal acts of the European Union, brings in traffic, is 2 for provisions relating to the placing on the market, contained in section 1 paragraph 2 referred to acts of the European Union, in article 1, paragraph 2 3.
Were contrary to § § 4 until 6 and which brings issued regulations on the market on the basis of these provisions, 4. inadequately or incorrectly maintains records pursuant to § 5 para 1 No. 6, 5. brings a product under the name of a class in the sense of § 2 No. 3 in traffic, even though the goods correspond to at least the requirements of this class, 6 brings a product under a name in traffic , which seems of a class within the meaning of section 2 Z 3 brought, although such a class is not introduced, 7 as owner of a battle company, contrary to section 6 and a regulation issued on the basis of these provisions classifier not or not timely pulls in, classified 8 as a classification service violates article 6 par. 3 without approval or fails to comply with registration requirements 9.
Goods contrary to article 8, paragraph 1 introduces, 10.
Goods despite failure to publish of a standard remedy pursuant to section 19 para 2 first sentence introduces, 11.
"Goods runs contrary to § 9 para 1 no re-export certificate or 12 as having contravenes the provisions of section 18, commits, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts or subject to other provisions of a more severe penalty, an administrative offence and is by the district administrative authority with a fine up to €10,900, to punish to €21,800 in case of recurrence."

14 section 28 including the heading reads as follows:

'Transitional provisions

Section 28 (1) Ordinance of the Federal Minister for agriculture and forestry on quality classes for potatoes, Federal Law Gazette No. 76/1994 as amended by Federal Law Gazette I no. 68/2007, comes with 31 March 2014 override.

(2) the regulation of the Federal Minister for agriculture and forestry on quality standards for flowering corms,-zwiebel and tubers, as well as fresh cut flowers and fresh foliage, BGBl. No. 578/1995 as amended by Federal Law Gazette I no. 68/2007, shall cease to be force. "

15 part 1 of the annex is as follows:

"Part 1



CN code



Description of goods



0105



Live poultry (chickens, ducks, geese, turkeys and Guinea fowls),



0201



Meat of bovine animals, fresh or chilled



0202



Meat of bovine animals, frozen



0203



Meat of swine, fresh, chilled or frozen



0204



Meat of sheep or goats, fresh, chilled or frozen



0205 00



Meat of horses, asses, mules or hinnies, fresh, chilled or frozen



0207



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



0401



Milk and cream, not concentrated nor containing added sugar or other sweetening matter



0402



Milk and cream, concentrated or containing added sugar or other sweetening matter



0403



Buttermilk, curdled milk and cream, yoghurt, Kephir and other fermented or acidified milk (including cream), also thickened or flavoured, not containing added sugar, other sweetening matter, fruit, nuts or cocoa



0404



Whey, not concentrated or containing added sugar or other sweetening matter; Products consisting of natural milk constituents, not containing added sugar or other sweetening matter, not elsewhere specified or included



0405



Butter and other fats from milk; Dairy spreads



0406



Cheese and curd



ex 0407



Bird eggs in shell, fresh, preserved or cooked, poultry including eggs for hatching



0409 00 00



Natural honey



0601 10



Bulbs, onions, bulbs, tubers and rhizomes, dormant



0603



Flowers and flower buds, cut, for bouquets or for ornamental purposes, fresh, dried, bleached, dyed, impregnated or otherwise worked



0604



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



0701



Potatoes, fresh or chilled



0702 00 00



Tomatoes, fresh or chilled



0703



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



0704



Cabbages, cauliflowers, kohlrabi, kale and similar edible types of cabbage of species Brassica, fresh or chilled



0705



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



0706



Carrots and carrots, turnips, beetroot, Salsify, celeriac, radishes and similar edible roots, fresh or chilled



0707 00



Cucumbers and gherkins, fresh or chilled



0708



Legumes, also unshelled, fresh or chilled



0709



Other vegetables, fresh or chilled



0713



Also peeled or crushed dried triggered pulses,



0802



Other nuts, fresh or dried, shelled or peeled



0803



Bananas, including plantains, fresh or dried



0804 20 10



Figs, fresh



0804 30 00



Pineapple



0804 40 00



Avocado fruit



0804 50 00



Guavas, mangos and mangosteens



0805



Citrus fruit, fresh or dried



0806



Grapes, fresh or dried



0807



Melons (including watermelons) and papaws, fresh



0808



Apples, pears and quinces, fresh



0809



Apricots, cherries, peaches (including nectarines), plums and sloes, fresh



0810



Other fruit, fresh



ex 0813 50



Mixtures exclusively of nuts of headings 0801 and 0802



1210



Hop (cones), fresh or dried, ground, powdered or in the form of pellets; Lupulin



1302 13 00



Vegetable saps and extracts of hops



1212 92 00



Locust (carob) bean



1509



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



1510 00



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



ex 1517



Fat, mixed vegetable and/or animal fats



ex 2106



Milk fats, mixed vegetable and/or animal fats



ex 3501



Casein and Caseinate' is 16 part 2 of the annex:

"Part 2



CN code



Description of goods



0301



Fish, live



0302



Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304



0303



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



0304



Fish fillets and other fish meat (not minced), fresh, chilled or frozen



0305



Fish, dried, salted or in brine; Fish, smoked, cooked before or during the smoking; Flour, powder and pellets of fish, edible



0306



Crustaceans, also without tanks, live, fresh, chilled, frozen, dried, salted or in brine; Crustaceans also without tanks, smoked, cooked before or during the smoking; Crustaceans, in shell, in water or steam cooked, well chilled, frozen, dried, salted or in brine; Flour, powder and pellets of crustaceans, edible



0307



Molluscs, without shell, live, fresh, chilled, frozen, dried, salted or in brine; Molluscs, without shell, smoked, cooked before or during the smoking; Flour, powder and pellets of molluscs for human consumption



1604



Fish, prepared or preserved; Caviar and caviar substitutes, obtained from fish"article 10

Amending the forest Act 1975


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

1. in Article 1a, para. 3, the expression "and Rückewege" is inserted after the word "Forest corridors".

2. § 1a paragraph 4 lit. e is omitted. The lit. f receives the letter e).

3. in Article 1a, paragraph 5, first sentence is the word "has" replaced by the word "have".

4. in section 2, paragraph 2, the phrase "between the natural tree line" is replaced by the phrase "between the natural border of forest vegetation".

5. paragraph 3 section 1:

"(1) is associated with an area (plot or plot) in the border land or the land tax register of the use type of forest and was 1 for this base a permanent grubbing-up permit not granted or 2. a pending permanent grubbing-up this footprint in accordance with § 17a carry, so it is considered forest within the meaning of this federal law, as long as the Agency has determined that it is not forest."

6 § 5 paragraph 2 No. 2 is: "2. a permanent grubbing-up approval granted or carried out a pending permanent grubbing-up in accordance with Article 17a," after the word order is 7 in article 15, paragraph 1 "if by sharing" the phrase "land with the use type of forest are affected and" inserted.

8 § 15a paragraph 1 reads:

(1) that may cause book Court - with the exception of the cases of § 15 para 2 and 3 - the Division of a plot that at least partly has the use type of forest, only grant, or if 1 no area should be shared with the use type of forest in the border property tax cadastral, or 2. a certificate of authority is that the entry does not violate section 15.

9 the following paragraph 4 is added to § the 17a:

"(4) in the case of the application of a temporary grubbing-up within the meaning of § 18 para 4 performed pursuant to par. 1 Z 3, may, is the forest area of the clearing-eligible until no later than five years after expiry of the period stated in the application within the meaning of § 13 again to bewalden."

10. in article 19, paragraph 1, the expression "section 17 of the Railway Act 1957" by the expression "section 14 (1) of the Railway Act 1957" replaced Z 6.

11 § 25 paragraph 5 last sentence deleted.

12 paragraph 27 paragraph 1:

"(1) by 1 object protection forests, which serve the direct defence of certain dangers of people, human settlements, installations or cultivated ground, 2. forests, whose welfare effect opposite the commercial effect comes to a priority are know spell to put, and 3. forests, which serve the direct defence of hazards arising from the condition of the forest or his management, provided that the national to be protected or other public interest (spell purpose) as important proves that the constraint of forest management as a result of" "Spell laying associated disadvantages (Bann forest)."

13. after section 31, paragraph 7, the following paragraph 7a is inserted:

"(7a) an order pursuant to § 28 para 4 is placed after fixing the compensation in accordance with paragraph 7, may request the beneficiary the realignment of compensation."

14. in article 43, paragraph 2, the phrase "animal and plant pests, such as insects, mice, fungi, or viruses" is replaced by the phrase "Animal pests (such as in particular insects or mice), vegetable pests, fungi, or viruses".

15. According to article 45, 46 the following paragraph with heading shall be inserted:

"Use of plant protection products

As a plant protection product may - taking into account the use period - used only products in the register of plant protection products in accordance with § 4 para 2 of the plant protection products act of 2011, are 46 (1), Federal Law Gazette I no. 10/2011, enrolled.

(2) plant protection products may only properly in accordance with article 55 of Regulation (EC) No. 1107/2009 concerning the placing of plant protection products and repealing directives 79/117/EEC and 91/414/EEC, OJ No. L 309, November 24, 2009, p. 1, in compliance with the principles of good plant protection practice are used. Professional users according to article 3 No. 1 of Directive 2009/128/EC on a framework for action the community for the sustainable use of pesticides, OJ No. L 309, November 24, 2009 p. 71, as amended by the amending OJ No. L 161, June 29, 2010 S. 11, have to note also the General principles of integrated pest management referred to in article 14 and annex III to this directive."

16. in article 49, paragraph 1, is the expression "section 48 lit. e"with the expression"section 48 para 1 lit. (e)"replaced.

17. in paragraph 69, after paragraph 1, the following paragraph 1a is inserted:

"(1a) under the conditions of paragraph 1 lit. a and b can be made to a voluntary cooperative in a cooperative with membership constraint."

18. in article 69, paragraph 5, the word "Landowners" is replaced by the word "Forest".

19 § 70 is replaced by the following paragraphs 70 and 70a and heading:

"Section 70 (1) has the statutes to regulate the activity of the cooperative. It is unanimous, lit by the members of a cooperative with accession obligation after the occurrence of the legal force of the decision about the attendance of the minority with the in article 69, paragraph 1 by a voluntary cooperative members at the same time with the free agreement. a majority provided to decide.

(2) which shall in particular contain the Statute 1 name, seat and purpose of the cooperative, a list of its properties and a sketch map of the skidding system and the land developed by you, 2. provisions on the conservation of the cooperative on the market system and if necessary through the use of cost for non-members, 3. provisions on the liability for damages (deposit), 4. the rights and obligations of members, as well as the value of their votes , 5. provisions relating to the institutions, their composition, election, decision-making, function duration, scope and liability for their liabilities, representing the Association externally, as well as the dissolution of the cooperative, and 6 the scale and the key for the allocation of costs to the members in accordance with article 72, paragraph 1.

(3) in the articles of Association, also a local or factual outline of the cooperative can be provided.

(4) the Constitution is to be approved, if it does not contradict the provisions of this section or the other provisions of this Federal Act by decision of the authority. With entry of the legal force of the decision of the authority or of the decision or decision of the Administrative Court of the country gained the cooperative legal personality.

(5) amendments to the statutes require - as long as the Statute not else determines - the consent of the majority of the members where this majority owned at least two-thirds of the forests involved in the cooperative must be. No decision is concluded in this way, so is - unless the Statute not else determines - the two-thirds majority of the members present at the general meeting, as well as the two-thirds majority of its decisive voice shares. The above decisions are only effective after approval in accordance with the requirements referred to in paragraph 4 by the authority.

Organs

section 70a. (1) cooperative organs are in any case, the General Assembly, the Chairman and the Deputy Chairman. The member number exceeds ten, also a Board is set up, which at least consists of the Chairman and his Deputy.

(2) the General Assembly is to convene at least every three years. Her responsibility in particular 1 the decision-making about the statutes and amendments to the statutes, 2. the setting or change of scale and the key for the allocation of costs to the members, 3. the election of the Chairman, whose Deputy as well as, where appropriate, other Board members and 4 review the conduct and discharge of the Executive Board.

(3) if the articles of association not otherwise determines, according to the votes of the members the cost distribution key established in accordance with article 72, paragraph 1.

(4) for voting in elections as well as for other resolutions of the General Assembly is enough - unless otherwise specified statutes - the simple majority of the total voting shares. Section 70, paragraphs 1 and 5 shall remain unaffected. The result of the election of organs is to notify the authority within four weeks.

(5) if the articles of association do not otherwise determined, circular resolutions of the General Assembly are allowed.

(6) the Chairman 1 is whether the Presidency at member meetings and at Board meetings, 2. the representation of the Association to the outside and 3 conducting business, if to choose no Board referred to in paragraph 1.

For the duration of the prevention of the Chairman Deputy with all rights and obligations shall take his place.

(7) a Management Board is referred to in paragraph 1 to choose, then is this the management of the cooperative. The vote in the Board of Directors according to heads. A Board resolution requires a simple majority of all Board members. Vote of the Chairman decides. Circular resolutions of the Board are permitted.


(8) if the Statute does not otherwise determines the functional life of the elected bodies of the cooperative is six years. Ends the lifespan before the inauguration of the newly elected institutions, then the previous institutions remain until the inauguration of the newly elected institutions in Office."

20. in paragraph 71 the previous para 2 and 3 get the terms of paragraph (3) and (4). 2 the following paragraph shall be inserted:

"(2) the cooperative is entitled to demand a reasonable contribution to the previous expenditure and also of her cost the previous payment special by the inclusion or inclusion of new members."

21 paragraph 72:

"The cost accrued of the cooperative in the performance of their duties, are 72. (1) to carry, which inserted accommodation facilities and 4 special services or existing obligations of individual members to the cooperative to set 3 is in the Statute in particular according to 1 of the scale of the developed area, 2 the economic advantage of members according to a partitioning key.

(2) in the event of a local or factual outline of the cooperative in accordance with § 70 para 3, a separate distribution key referred to in paragraph 1 can be set for each section.

(3) a change of the cost distribution key by the Statute is not permissible, if thereby in a skidding cooperative with membership forced the minority over the majority, forced to join the worse would be.

(4) have changed the traffic conditions and the scale or the key for the allocation of costs to the members will appear unreasonable and no amendment is adopted pursuant to section 70 paragraph 5 within reasonable period of time, so the authority at the request of a member has to set a corresponding to the change, referred to in paragraph 1 appropriate cost-sharing."

22 paragraph 73:

"§ 73. (1) the supervision of the cooperative is the authority; It has also over all from the cooperative relationship and emerging the obligations of the Association disputes of the members to decide. The supervision covers the compliance with the provisions of this section.

(2) the authority in exercise of supervision 1, is entitled to monitor the activity of the cooperative, to request access to all documents relating to the General Assembly, as well as appropriate information and to participate in the general meeting, 2. entitled to convene the General Assembly pursuant to section 70a para 2 first sentence was not fulfilled the commitment if this is necessary for the Elimination of maladministration, which requires a resolution by the General Assembly , 3. committed to decisions or orders of the Confederation, which are contrary to statute or law, to resolve and cause that measures taken on the basis of such decisions or orders are reversed.

(3) backward cooperative contributions are VVG upon application of the cooperative under the provisions of the administrative enforcement Act 1991 -, BGBl. to collect no. 53/1991.

(4) neglects the co-operative, their obligations to third parties in a timely manner to provide necessary funds, so the performance of the required contributions can be applied to cooperative members by ruling.

(5) a cooperative, grossly neglected their duties, will act to get the required within reasonable period of time. So the authority the cooperative does not fulfil this mission, can carry out the required risk and expense of the defaulting Association prior threat.

(6) if and as long as measures after the para 4 and 5 not sufficient, to ensure the legal or statutory activity of the cooperative, the criteria for action in accordance with paragraph 7 does not exist can order a suitable curator for the absolutely necessary period the authority by ruling and appoint him at the expense of the cooperative with individual or all powers of the organs.

(7) the dissolution of a cooperative is to say by the authority, if there is 1 that continued cooperative under the provisions of the Statute which decides upon dissolution, or 2. where no forestry interest of the cooperative in regard to the given conditions.

(8) in the resolution, the authority has to perceive the interests of the creditors of the cooperative and the obligations incumbent upon the cooperative pursuant to paragraph 4 and to impose the necessary measures.

(9) a cooperative is dissolved, if it has fewer than three members."

23. in article 80, paragraph 6 lit. b is inserted after the word "Tree farming" the phrase "or the short rotation".

24. in article 80, paragraph 7, the phrase "the Christmas tree breeding" is omitted.

25. in article 102, paragraph 6 reads:

"(6) for the monitoring and survey activities of the departments in the catchment areas of the mountain torrents and avalanches third sentence applies Article 172, paragraph 1 by analogy with regard to forest and non forest areas."

"26 § 104 paragraph 4 No. 2 is: 2. nationals of a Contracting Party not referred to in subpara 1 of the agreement on the European economic area or" 27. In article 104 para 4 No. 3 is omitted the phrase "with regard to the professions according to article 105, paragraph 1 Z 1 to 4".

28. in article 105, paragraph 1, no. 1 is inserted after the word "Forest Wizard" the phrase "or the forestry Assistant".

29. in article 105, paragraph 1, no. 2 is inserted after the word "Forest adjunct" the phrase "or the forestry Director".

30. in article 105, paragraph 1, no. 3 is inserted after the word "Forestry" the phrase "or the Forstwirtin".

31. in article 105, paragraph 1, no. 4 is inserted after the word "Ranger" the phrase "or the Forester".

32. in article 105, paragraph 1, sub-para. 5 is inserted after the word "Nurse" the phrase "or the forest officer".

33. in article 109 paragraph 6 Z 2 are the lit. (b) and (c) by following lit. b and c, as well as the following final part replaced: "b) in the case of the professions Forester or forestry Assistant lit a training in accordance with article 11." (b) of Directive 2005/36/EC, c) in the case of the profession of nurse training in accordance with article 11, lit. "the Directive 2005/36/EC and ' 34. In § 109b 1 is the word "gemeinschaftsrechtlicher" by "legal Union" and the expression "article 104 para 4 No. 1" by the expression "article 104 para 4 Z 1 to 3" replaced.

35. in article 109b paragraph 2 is the expression "article 104 para 4 No. 1" by the expression "article 104 para 4 Z 1 to 3" replaced.

36 109 b of paragraph 9 the following sentence is added to section:

'Z 5 does not apply to nationals of EFTA States.'

37. in article 110, paragraph 1 lit. the expression "19 years" a is replaced by the expression "18 years of age".

38. in article 110, paragraph 1 lit. c the phrase "monthlong course to a forestry school or the Federal Office and Research Centre for forest" is replaced by the phrase "Rate to the extent of 40 hours or of its parts, for which no recognition took place pursuant to paragraph 3, at a forest school or federal research and training centre for forests, natural hazards and landscape".

39. in article 110, paragraph 1 lit. d and paragraph 2 the phrase "a public guard" is replaced by the phrase "an organ of public supervision".

40. in article 110, paragraph 2, the phrase "the forest" is replaced by the phrase "a forest".

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

"(3) qualifications or professional experience are lit by the authority as the training referred to in paragraph 1. (c) partially or entirely equivalent to acknowledge."

42. the heading of section 111 is as follows:

"The forestry protection organ as an organ of the public oversight"

43. paragraph 111 paragraph 1:

"(1) the forestry protection body has the rights conferred by section 112 a body of public oversight and is entitled, in the exercise of his service, without prejudice to the provisions of the Firearms Act 1996, Federal Law Gazette I no. 12/1997, one handgun to lead."

44. the heading of the section 114 reads:

"Forest bodies for several duty operations"

45. the text of the section 114 is preceded by the sales designation (1); the following sentence is added to paragraph 1:

"The forests of the mandatory operations are to comprise (§ 113 paragraph 2) and the required number of allocated to forestry institutions (article 113 paragraph 3) to determine of the nature of the leading forestry body."

46. the section 114 the following paragraph 2 is added:

"(2) a forestry body without joint application by forest owners for several duty establishments is ordered, has the Governor not to recognize the order by means of letter, if the requirements of paragraph 1 and of article 113 are not met. ABS. 1 last sentence shall apply mutatis mutandis."

47. Article 115 paragraph 1 last sentence reads:

"In the message the assigned service area and its extent are to specify, where appropriate, orders for other duty farmers who want to tell the forest owners are of the forestry body."

48. paragraph 129 together with the heading:

"Federal Office for forests and federal research and training centre for forests, natural hazards and landscape


§ 129. The Federal Minister for agriculture and forestry, environment and water management has called the Federal Government in agreement with the Federal Minister of finance a Federal Office for forests and federal research and training centre for forests, natural hazards and landscape (Federal Office for forests and Research Centre) together with training facilities and establishments under the BFW Act, Federal Law Gazette I no. 83/2004, to operate. In this respect are. also opportunities for training in the Woods, to the practical testing of procedures, equipment, to make sure machines and equipment"

49. in the heading of article 130 and its paragraph 4 the phrase replaced "Federal Office and Research Centre for forest" by the phrase "Federal Office for forests and Research Center".

50. in article 130, paragraph 1 first sentence replaced the phrase "Federal Office and Research Centre for forest" by the phrase "Federal Office for forests and Research Center".

51. section 130 subsection 1 No. 1 is: "1. perceptions of the Federal Office for forests in accordance with forest reproductive propagating material Act 2002, Gazette I no. 110/2002, law enforcement tasks;" "Perception of the Federal Forest Act plant protection 2011, Federal Law Gazette I no. 10/2011, conferred implementation tasks for forest plants in accordance with the annex to this Federal Act and their plant products;"

52. in article 130, paragraph 3, the phrase is replaced "Federal Office and Research Centre for forests" by the word "Excellence".

53. 170 paragraph 5 the following sentence is added to §:

"This also applies to proceedings in accordance with article 185 paragraph 6."

54. section 172 para 1 third sentence reads:

"For this purpose, their organs are entitled to enter each forest 1 and to operate as well as to request information and evidence of its forestry bodies and forest protection institutions, as far as they are 2nd from the forest owners, forest supervisors of importance do so also the forest roads and paths outside the forest, provided they are suitable for use, also by driving."

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

"(2a) the authorities are entitled to request the necessary information or evidence by the forest owner or his forestry institutions In the framework of investigation of the periodic wood angle."

56. paragraph 172 paragraph 3:

'(3) rights referred to Z 1 and 2, para. 2 are correspondingly the carrying out forestry total surveys, such as the Austrian forest inventory, responsible institutions in paragraph 1.'

57. in article 174, paragraph 1 lit. a to Z 6 following Z 6a inserted: '6a.
contrary to section 17a (4) a reforestation or the rectification of rejuvenation not carried out;"

58. in article 174, paragraph 1 lit. "a is inserted after Z 7 following Z 8: 8 does a grubbing-up contrary to section 19 para 8;"

59. in article 174, paragraph 1 lit. a to Z 19 following Z 19a inserted: "(a) 19.
contrary to § 46; pesticides used"

60. Article 174 paragraph 1 lit. b Z 2 is: "2nd wind protection systems contrary to section 25 para. 5 treated;"

61. in article 174, paragraph 1 lit. c Z 11 adds "comply with" the phrase "or the prescribed notice to the forest owner does not" after the word.

62. in article 174, paragraph 1 lit c of the Z 12 following Z 13 adds: "13 necessary information not granted para 2a in accordance with section 172 or not providing evidence;"

63. in article 174, paragraph 1, first sentence, the phrase is "committing an administrative offence" by the phrase "commits - unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts or is threatened after other administrative penal provisions with more severe penalty - an administrative offence" replaced.

64. in article 174, paragraph 1 the last sentence of Nos. 1 to 3 and par. 3 last sentence Nos. 2 and 3, the term "Arrest" is replaced by "Imprisonment".

65. in section 174 subsection 4, the expression "paragraphs 1 and 4" by the expression "paragraphs 1 and 3" will be replaced.

66. in article 174, paragraph 5 is the reference to "paragraph 4 lit. (b)"by the reference to"paragraph 3 lit. (b)"replaced.

67. § 174 paragraph 7 receives the paragraph marking (8); the following paragraph 7 is added:

"(7) the punishment of the decay of objects on which the criminal offence referred to in paragraph 1 or paragraph 3 lit. b Z 2, 3 and 4 applies, or of the proceeds from the exploitation of these items, as well as of tools and means of transport, which usually are used for the extraction and transport of forest products, can be pronounced; in the case of paragraph 1, if such items, tools or means of transport with a lit. a Z 4, 7, 12, 19, 28 to 30, or lit. b Z 34 of section 1 are descript administrative offence related."

68. in article 174, paragraph 8, the expression "Z. 3" is replaced by the expression "No. 3" and the word "Rubbish" by the word "Waste".

69. According to section 178, the following § 178a along with heading shall be inserted:

"Linguistic equal treatment

§ 178a. All personal names used in this federal law apply equally to persons of both male and female sex."

70 the following paragraph 9 is added to the § 179:

"(9) § 46 para 2 last sentence as amended by Federal Law Gazette I no. 104/2013 1 January 2014 into force."

71. § 181 including the header is omitted.

72. section 183a and heading is as follows:

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

section 183a. References in this federal law, other laws of the Federation or directly applicable European Union law are, so far as is otherwise expressly intended to be understood as references to the applicable version."

73. the heading of section 183 is b:

"Referring to Union law"

74. the introductory part of section 183 is b:

"By this federal law, following legal acts of the European Union are implemented or completed:"

75. in paragraph 183, b is the phrase "as amended by Directive 2006/100/EC, OJ in Z 1 No. L 363 of 20.12.2006 S. 141 "by the phrase" as last amended by Regulation (EC) No. 623/2012, OJ " No. L 180 of the 12.07.2012 p. 9 "; at the end of the No. 2 by a comma replaced the point; following Nos. 3 and 4 are added: '3. directive 2009/128/EC on a framework for action the community for the sustainable use of pesticides, OJ No. L 309, November 24, 2009 p. 71, as amended by the amending OJ No. L 161, June 29, 2010, p. 11, and 4 Regulation (EC) No 1107/2009 concerning the placing of plant protection products and repealing directives 79/117/EEC and 91/414/EEC, OJ "No. L 309, November 24, 2009 s 1."

76. According to article 184, the following article 184a and heading shall be inserted:

"Transitional of 2013 amendment to the Forestry Act, Federal Law Gazette I no. 104/2013"

'article 184a. "After the articles 68 to 73 of the forestry law 1975, BGBl. No. 440/1975, as last amended by Federal Law Gazette I no. 55/2007, educated market cooperatives as well as decisions adopted in previous and approval of statutes apply as such within the meaning of §§ 68 to 73."

77. in the annex, after the phrase "for the appropriate edge of the forest and Habitat design Wildobstgehölze and shrubs" the phrase ", as far as they are not be able imagine." added.

Article 11

Federal Act 2009 amends the wine law

Wine follows the law 2009, Federal Law Gazette I no. 111/2009, in the version of Federal Law Gazette I is no. 111/2010, as amended:

1. sections 35 to 37 and headings are:

"Definitions and placing on the market

35. (1) "Wines" in the meaning of this federal law are the drinks produced by alcoholic fermentation of the juice or the skins of fresh and suitable for core, stone, berries or other fruit, which contain levels of existing alcohol of at least 1,2% vol. exhibit, as well as other products of the fruit wine area, for their production and description the Federal Minister for agriculture and forestry, to set the conditions to environmental and water management regulation has. This regulation has in particular establishing to what extent the other products of the range of fruit wine with alcohol may be transferred, flavoured or won by second alcoholic fermentation of fruit wine. Fruit wine-containing beverages, the proportion of basic fruit wine has to be at least 50%.

(2) the Federal Minister for agriculture and forestry, environment and water management has a list about the mapping of each fruit to the core whether starting groups with regulation to create stone and soft fruit. All fruit species not included in this list are assigned to the other fruit. Grapes are not covered by the concept of fruit in the meaning of this federal law.

(3) the placing on the market of other than in paragraph 1 of listed and produced in Austria fruit wines is prohibited.

Treatment of fruit wine

36. (1) for the treatment of fruit wine are allowed: 1 the application of procedures to establish the Federal Minister for agriculture and forestry, environment and water management regulation has, and is to distinguish stone fruit wine and wine between treating core cider, and in particular rules regarding the addition of sugar to provide fruit juice and fruit juice concentrate, as well as 2.

Blending of stock of various ob starting groups, as well as the addition of fruit juices of various ob starting groups, unless the product under the name "Fruit wine" in transport is used.

(2) 1 is prohibited the blending of fruit wine with fruit of the tainted or counterfeit wine, 2. blending of fruit wine with wine and 3 the use of fruit or Obstgelägerwein.

Designation of fruit wine

37. (1) core cider is called "Cider", "Self-produced" or "Most", stone fruit, wine as a "Stone fruit wine" and wine as "Wine".

(2) the Federal Minister for agriculture and forestry, environment and water management has with regulation to lay down further provisions for the designation of fruit wine."

2. sections 38 and 40 are eliminated.

3. § 61 para 2 Nos. 14 and 15 is: '14 cider contrary to section 36 treated, referred to 15 cider contrary to section 37,' 4. Article 71, paragraph 1 No. 1 is: "1 Regulation (EU) no 1169/2011 concerning information to consumers about food 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 "No. L 304 of the 22.11.2011 p. 18;"

5. § 71 para 3 No. 1 is: "1. Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs, OJ" "No. L 364 of 20.12.2006 S. 5;"

6 in section 74, the following paragraph 4 is added:

"(4) section 71, paragraph 1 No. 1 as amended by Federal Law Gazette I no. 104/2013 13 December 2014 into force."

Fischer

Faymann