91. Regulation of the Federal Minister for agriculture and forestry, environment and water management on accompanying measures to the European Commission implementing decision, with the plant protection measures with regard to packaging wood to specified types of goods originating in China shall be adopted (packaging wood control regulation)
On the basis of § 24 para 6, 29 par. 2 and 38 para 1 of the 2011 crop protection act, Federal Law Gazette I no. 10/2011, is prescribed:
Shipments are § 1 (1) in accordance with the provisions of the 4th section of the plant protection act to investigate unless they contain the specific goods listed in the annex originating in China and used during the transport of shipments of wood packaging material in accordance with the requirements of the international standard ISPM No. 15 in 2011.
(2) the investigation has
1 at the entry site in accordance with § 26 plant protection act 2011, or 2. in the case of the redirect as per § 29 plant protection law 2011 at the place of destination to be.
(3) the selection of consignments under investigation has to be carried out on the basis of the check frequency specified in column 3 of the annex. The Federal Office of forest has the importers according to statistical principles to select.
(4) the Federal Office for forests has before granting the consent for the forwarding of a shipment to a destination in the Federal territory in accordance with § 29 plant protection law 2011 to determine whether the requested location as the place of destination, in particular with regard to the technical equipment, the possibility of investigating, is sufficient suitable slot capacity or lighting. The Federal Office for forests has to lay down the details of the minimum requirements for destinations in the official journal of the Federal Office for forests.
Obligations of importers and cooperation of customs authorities
2. (1) the importer or their representative within the meaning of article 5 of Regulation (EEC) No 2913/92 establishing the customs code (Customs Code) have the investigation subject-specific broadcast at the Federal Office for forests in sufficient time prior to arrival of the shipment at the point of entry or at the place of destination to announce, that the control can be done by the Federal Office for forests without undue delay. The opening of a container or other packing means may be, despite a possible unloading loading permit due to customs legislation only after approval by the Federal Office for forests.
(2) the importers have to use for the purposes of registration the program of a form fair by the Federal Office for forests.
(3) in the form referred to in paragraph 2, to set up a section that is by the control body is clearly separated from the details to be filled in by the importer. This section is where there is the phytosanitary requirements to grant the release of the shipment, either by conducting the investigation is confirmed or declared, that the show not in the number of items to be examined due to the frequency of the controls contain by the Federal Office for forests. In this section, also is to prescribe the fee pursuant to section 3.
(4) for the forwarding of an entry point to a destination, the transport document in accordance with Appendix 6 of the pest management regulation is 2011 in accordance with the specifics of implementing decision to use 2013/92/EU.
(5) the importers are obliged to help the body required to carry out a proper investigation or to provide for such assistance.
(6) Untersuchungspflichtige specific programmes may be only in one article 4 No. 16 lit. a and lit d mentioned customs procedures be placed up to g of the customs code, when the investigation is concluded and released the shipment by the competent official authority is.
3. (1) the importers have for
1. the sharing of broadcast or 2. the implementation of official measures is a fee to be paid.
(2) who is para 1 subpara 1 fee in accordance with all importers to pay, but only up to the amount calculated in the allocation on the basis of the percentage of the control frequency of the overall effort of applications and investigations.
(3) that is paragraph 1 Z 2 fee according to to be paid where the arrangement of an official measure has to be done by those importers.
(4) the fee is by the Federal Office for forests on the occasion of the release of the shipment or the arrangement of official measures to require the importer.
(5) the Federal Office for forests has to be published a tariff of fees for the fee referred to in paragraph 1 in the official journal of the federal forest Z 1. In this tariff, tariff items for the different control frequencies are set.
(6) that is paragraph 1 Z 2 fee in accordance with to charge; in some cases after the provided expenditure (staff and non-staff expenses) These fees are cash expenses within the meaning of § 76 AVG, Federal Law Gazette No. 51/1991.
§ 4. When an investigation under the 4th an infestation with pests identified section of the plant protection act 2011 by a monitoring body of the Federal Office for forests, or noted that in accordance with the international standard ISPM No. 15 prescribed marking of wood packaging material is missing, so the release of the shipment shall only take, if the arrangement one of official measures specified in § 30 of the plant protection act 2011 can be ensured , prevent the spread of harmful organisms.
Entry into force and expiry
§ 5. As a result of implementing decision 2013/92/EC (OJ No. L 47 of 20 February 2013 S 74) the regulation on 1 April 2013 enters into force and expiry of the 31 March 2015 override.
Code of the combined nomenclature
Frequency of plant health controls in percent
Shale, also rough cut or squared by sawing or otherwise, into blocks or in square or rectangular plates
Marble, travertine, Ecaussine and other calcareous stone, with a bulk density of 2.5 or more, and alabaster, also rough cut or squared by sawing or otherwise 90, in blocks or in square or rectangular plates
Granite, porphyry, basalt, sandstone and other ornamental stones, also rough cut or squared by sawing or otherwise 90, in blocks or in square or rectangular plates
Paving stones, kerbstones and paving slabs, natural stone (except Slate) 15
Edited work stone (except Slate) and articles thereof, other than goods of heading 6801; Cube and the like for mosaics made of natural stone (including Slate), also on documentation; Particles, chippings and powder, of natural stone (including Slate), artificially 15 dyed