91. Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on accompanying measures to the European Commission's implementing decision, with which plant protection measures in respect of packaging timber have been specified. Types of goods originating in China (Packaging Wood Control Regulation)

On the basis of § § 24 (6), 29 (2) and (38) (1) of the Plant Protection Act 2011, BGBl. I No 10/2011, shall be arranged:

Specific shipments

§ 1. (1) Shipments shall be in accordance with the provisions of the fourth paragraph. To investigate the section of the Plant Protection Act 2011, provided that it is in the Annex shall be included in the transport of the consignments of wood packaging material in accordance with the requirements of the International Standard ISPM No 15.

(2) The investigation has

1.		at the entry point pursuant to § 26 Plant Protection Act 2011, or
2.		in the case of forwarding in accordance with § 29 Plant Protection Act 2011 at the place of destination
	shall be made.

(3) The selection of the items to be examined shall be determined on the basis of the number of items in column 3 of the Attachment the control frequency mentioned above. The Federal Office of Forests has to select the importer according to statistical principles.

(4) The Federal Office of Forests has to determine, before the consent is granted for the forwarding of a consignment to a destination located in the Federal territory, in accordance with § 29 Plant Protection Act 2011, whether the requested location as a destination, in particular with regard to the technical equipment, examination facilities, adequate capacity or lighting. The Federal Office of the Forest has to determine the details of the minimum requirements for destinations in the Official Journal of the Federal Office of the Forest.

Obligations of the importer and the participation of the customs authorities

§ 2. (1) A importer or her representative within the meaning of Article 5 of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (Customs Code) shall have the subject-specific consignment subject to the subject-subject in good time before the Federal Office of Forests Arrival of the consignment at the entry point or at the place of destination to announce that the control by the Federal Office of Forests can be carried out without unnecessary delay. The opening of a container or other packaging material may also be effected in spite of a possible discharge permit on the basis of customs regulations only after approval by the Federal Office of Forest.

(2) The importer is to be used for the purpose of registering the consignment of a form to be laid down by the Federal Office of Forest.

(3) In the form referred to in paragraph 2, a section must be set up clearly separately from the information to be filled out by the importer and must be completed by the control body. In this section, if the phytosanitary conditions are in place, the Federal Office of Forest shall grant the release of the consignment, either by confirming the conduct of the investigation or by stating that the consignment is not in the The number of mail items to be examined on the basis of the control frequency is included. In this section, the fee according to § 3 is to be prescribable.

(4) The transport document referred to in Annex 6 of the Plant Protection Regulation 2011 shall be used for the transfer from an entry point to a destination, taking into account the specificities of the 2013 /92/EU implementing decision.

(5) The importer shall be obliged to provide the control body with the assistance necessary for the conduct of a proper investigation or for the purpose of providing such assistance.

(6) Specific consignments subject to investigation must not be allowed to enter any of the specific consignments in accordance with Art. 4 Z 16 lit only. (a) and (d) to (d) to (g) of the Customs Code shall be transferred when the investigation is completed and the consignment is released by the competent official body.

Fees

§ 3. (1) The importer shall be responsible for:

1.		the release of the consignment or
2.		the implementation of an official measure
	a fee.

(2) The fee referred to in paragraph 1 (1) shall be paid by all importers, but only to the extent calculated in the case of the breakdown by the percentage of the control frequency in the total cost of the notifications and investigations.

(3) The fee referred to in paragraph 1 (2) shall be payable by those importers who have to arrange for an official measure to be taken.

(4) The fee is to be submitted to the importer by the Federal Office of Forests on the occasion of the release of the consignment or the order of an official measure.

(5) In the Official Journal of the Federal Office of the Forest, the Federal Office of Forests has published a fee tariff for the fee in accordance with paragraph 1 Z 1. In this tariff, tariff items shall be laid down for the different control frequencies.

(6) The fee in accordance with paragraph 1 Z 2 shall be offset in individual cases according to the expenses incurred (personnel and material expenses); these fees are cash expenses within the meaning of § 76 AVG, BGBl. No 51/1991.

Official measures

§ 4. In the case of an investigation according to the 4. Section of the Plant Protection Act 2011 established by a control body of the Federal Office of Forest (Bundesamt für Wald) an infestation with harmful organisms, or found that the marking of the plant according to the International Standard ISPM No. 15 In the absence of wood packaging materials, the release of the consignment may only take place if the arrangement of one of the official measures referred to in § 30 of the Plant Protection Act 2011 can ensure that the distribution of the material is not Harmful organisms can be prevented.

Entry into force and external force

§ 5. On the basis of the implementation decision 2013 /92/EU (OJ L 327, No. L 47 of 20 February 2013 S 74), the Regulation shall enter into force on 1 April 2013 and repeal with effect from 31 March 2015.

Berlakovich

Annex

Specific products

Code of the Combined Nomenclature	Description	Frequency of plant protection checks as a percentage
2514	Clay shale, whether or not coarsely covered or merely cut by sawing or otherwise, in blocks or in square or rectangular plates	90
2515	Marble, travertine, ecaussine and other pieces of limestone, with a bulk density of 2.5 or more, and alabaster, whether or not coarsely covered, or merely divided by sawing or otherwise, in blocks or in square or rectangular Disks	90
2516	Granite, porphyry, basalt, sandstone and other building blocks, whether or not coarsely covered or merely cut by sawing or otherwise, in blocks or in square or rectangular plates	90
6801	Paving stones, marginal stones and paving plates, made of natural stone (other than slate)	15
6802	Works of works (excluding slate) and articles thereof, other than goods of heading No 6801; cubes and the like for mosaics of natural stone (including slate), also on documents; grains, chippings and flour of natural stone (including slate), artificially dyed	15