Implementation Immediately Applicable Union Regulations In The Field Of Animal Welfare

Original Language Title: Durchführung unmittelbar anwendbarer unionsrechtlicher Bestimmungen auf dem Gebiet des Tierschutzes

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_47/BGBLA_2013_I_47.html

47. Federal law on the implementation of directly applicable Union regulations in the field of animal welfare

The National Council has decided:

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General terms and conditions

Scope and objective

1. (1) this federal law serves the implementation of directly applicable acts mentioned in the annex of the European Union in the field of animal protection.

(2) the Minister or the Minister for health has by regulation - the annex provided that the keeping of farm animals is covered, in agreement with the Federal Minister or the Federal Ministry of agriculture and forestry, environment and water management - to update and supplement.

Full

2. (1) unless expressly otherwise determined, is the district administrative authority having authority under this Federal Act.

(2) against decisions of the authority in proceedings under this Act, appeals to the independent administrative panel of appeal in the country can be filed.

(3) of the public security service organs have in the execution of this Federal Act in so far to participate, as this part of them pursuant to article 34 animal welfare law (ed.), Federal Law Gazette I no. 118/2004 article 2, transferred duty is done.

(4) with regard to the regulatory compliance with this federal law, ed. is to proceed in accordance with sections 35 to 37. More are provisions on the controls at abattoirs and those who carry them out, by the Minister or by the Federal Minister of health in consultation with the Federal Minister or the Federal Ministry of agriculture and forestry, to set environmental and water management by regulation.

Animal protection Ombudsman

3. (1) in accordance with section 41 animal protection Ombudsman ordered ed. has following tasks, rights and obligations in the context of this federal law: 1 the animal protection Ombudsman has the task of representing the interests of animal welfare.

2. the animal protection Ombudsman has under this Federal Act party position in administrative procedures including administrative penal proceedings. He is entitled to inspect the records of all proceedings and to obtain all relevant information. The authorities have the animal protection Ombudsman in the exercise of his Office to support.

3. the animal protection Ombudsman has to tell the Government about his activities.

(2) in the performance of his duties, the animal protection Ombudsman is subject to any instructions.

Penal provisions

4. (1) who contravenes, by inflicting unjustifiable pain, suffering, injury or heavy fear ed. an animal violates article 5 commits an administrative offence against the provisions of the immediately applicable acts referred to in the annex of the European Union or the provisions of this Federal Act and is up to 7 500 euros by the authority with a fine to punish up to 15 000 euros in case of recurrence.

(2) in severe cases of animal cruelty is to impose a penalty of at least 2 000 euro.

(3) a person who violates or against on this federal law violates established administrative acts, except in the cases of paragraph 1 and 2 against a provision of directly applicable acts referred to in the annex of the European Union or against this Federal Act commits an administrative offence and is up to 3 750 euros by the authority with a fine to punish up to 7 500 euros in case of recurrence.

(4) according to para 1 to 3 also to punish who condones it, that a person standing under his supervision and instruction contravenes the directly applicable acts referred to in the annex of the European Union, this federal law or regulations adopted on the basis of this federal law or the instructions contained in the notification, although she or he could have prevented the crime.

(5) the attempt is punishable.

(6) the authority has for administrative offences pursuant to par. 3, provided she not paragraph 1a of the administrative penal code 1991, BGBl. No. 52, going on according to § 21, without imposing a penalty refrain from further proceedings, if the fault of the accused or defendant is slightly and the consequences of the violation for the well-being of the animals is insignificant. The authority to admonish the suspect or the accused while indicating the illegality of her or his behaviour with notice, unless this is required to prevent the suspect or the accused further offences of the same type. Under the conditions stated in this paragraph the supervisory bodies in accordance with § 35 may refrain, if necessary, ed. reimbursement a display, after production of the lawful state due to the disputed or contested, they have the perpetrator or the perpetrators in these cases in an appropriate manner on the unlawfulness of his behaviour to draw attention.

(7) an administrative offence does not exist if an act referred to in paragraph 1 to 3 constitutes a criminal offence falling within the jurisdiction of the courts.

Foreclosure

5. objects, which were used to the downfall of the directly applicable legal acts of the European Union in connection with this federal law referred to in the annex, are to explain when to expect is that the offender will continue his criminal behavior or repeat revoked.

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Special provisions for the implementation of Regulation (EC) no 1099/2009

Guides

Section 6 (1) on the development of guidelines in accordance with article 13 of Regulation (EC) no 1099/2009 on the protection of animals at the time of killing (OJ No. L 303 of the 18.11.2011 p. 1) the Austrian Federal Economic Chamber and the Chamber of Agriculture of Austria are entitled.

(2) the Minister or the Minister for health has to check the guides and in the course of which, where appropriate, to revise or supplement. Thereby, the animal protection Council in accordance with section are 42 ed. and the enforcement Advisory Board in accordance with section 42a ed. listen. The certified guides are the Federal Minister and the Federal Minister of health of the European Commission to submit and publish on the homepage of the Federal Ministry of health.

(3) by the Chamber of Commerce no guidance provided Austria or the Chamber of Agriculture of Austria, preparing this is the Federal Minister or the Federal Minister of health.

Contact point

7. (1) contact point pursuant to article 20 paragraph 2 of Regulation (EC) no 1099/2009 is the Federal Ministry of health.

(2) the Minister or the Federal Minister of health may Commission 1099/2009 No. persons or institutions to the creation of scientific opinion in accordance with article 20 of Regulation (EC).

Implementation of training courses and exams and delivery of certificates of competence of

8. (1) the programmes for the training, the content and the modalities of the tests referred to in article 21 par. 1 lit. c of Regulation (EC) no 1099/2009 are regulated based on proposals of the Austrian Federal Economic Chamber and the Chamber of agriculture Austria by the Federal Minister and the Federal Minister of health by regulation.

(2) no 1099/2009 having organization and implementation of training courses and examinations in accordance with article 21 of Regulation (EC) by the Chamber of Commerce and the Chambers of agriculture, by training institutes of these facilities or through other information contained in the regulation referred to in paragraph 6 to be relevant training facilities referred to. They have to keep a list of the issued certificates. The authorities are to provide information and to provide access to the list or to send the list in its entirety.

(3) with the certificate of successful completion of training with audit, a certificate of competence referred to in article 21 is at the district administrative authority of the place of residence to apply Regulation (EC) No. 1099/2009. Individuals who can demonstrate appropriate training by a witness, but not resident in Austria who have the certificate of competence at the place of the performance of their work to apply for local authority.

(4) the authorities referred to in paragraph 3 deliver the certificates of competence. In paragraph 3 of Regulation (EC) are in addition to the compulsory indications referred to in article 21 to lead No. 1099/2009 the following personal data: 1. first and last name, 2. date of birth of the owner or the owner's, 3. residence address.

(5) the authorities referred to in paragraph 3 have each maintain a list of the issued certificates of competence and to keep them up to date.

(6) the Minister or the Minister for health has detailed provisions on obtaining proof of competence to regulate the transfer of relevant training and the form of the certificates of competence through regulation.

(7) copies of the certificates of competence of staff have to lie in the slaughterhouses. Access be granted is the authority.

(8) the Minister or the Minister for health has to publish the contact details of the points referred to in paragraph 1 on the homepage of the Federal Ministry of health.

(9)-8 December 2015 the obtaining of a certificate of competence is possible when a person with relevant knowledge and skills in accordance with article 7 in conjunction with Annex I of the welfare battle regulation, Federal Law Gazette II No. 488/2004 idF BGBl. II 31/2006, three years experience proves No. and no reason exists, which would mean a withdrawal in accordance with article 9, paragraph 1.


Withdrawal of proof of competence

§ 9 (1) which is certificate of competence of the authority by a decision to withdraw if 1 to controls, that one which in art. 22 par. 1 lit. c which regulation (EC) No. 1099/2009 grounds exists and has not fulfilled a warning by the competent authority, or 2. the owner or the holder of the proof of competence for serious offences in connection ed. legally was no 1099/2009, this federal law or of § 32 with an activity within the scope of Regulation (EC), or 3. a legal punishment in accordance with § 222 StGB is done , or a punishment in accordance with § 222 StGB only due to lack of sanity have been no or the public prosecutor due to diversioneller actions pursuant to section 198 resigned StPO by the prosecution.

(2) in cases of the deprivation, the certificate of competence of the authority is to deliver immediately. Is the certificate of competence is not delivered, he shall in accordance with the administrative enforcement Act 1991, BGBl. No. 51, to withdraw. The authority, which deprives the certificate of competence, has, if it not is the authority, which has issued them to reimburse hereof without delay and to transmit the false certificate of competence. The authority which issued the certificate of competence shall immediately noted the withdrawal of the proof of competence in the list according to § 8, subsection 5.

(3) the recovery is possible in the case of a deprivation as a result of paragraph 1 Z 1 if by further positive completion of training is proven with examination pursuant to § 8 para 2 that one withdrawal reason under article 22 paragraph 1 lit. (c) which regulation (EC) No. 1099/2009 no longer exists. In the case of deprivation in accordance with paragraph 1, Z 2 even possible is the repetition of training with testing.

Authority to issue regulations

§ 10. The Federal Minister and the Federal Minister of health may adopt detailed rules for the implementation of directly applicable legal acts of the European Union referred to in the annex ed., as well as the recognized State of science and technology, taking into consideration to the aims set out in article 2 Regulation. If the keeping of farm animals is concerned, the agreement with the Federal Minister or the Federal Ministry of agriculture and forestry is to establish environmental and water management. With regard to the facilities of slaughterhouses, the agreement with the Federal Minister or the Federal Minister of Economics is to establish family and youth. As far as non-public interests require the accelerated adoption, the animal protection Council are to these regulations before issuing (§ 42 ed.) and the full Advisory Council to hear (section 42a ed.).

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Final provisions

Enforcement clause

§ 11 (1) with the execution of this Federal Act is, as far as nothing else is determined, entrusted to the Federal Minister or the Federal Minister of health.

(2) with the enforcement of article 2, paragraph 3, the Federal Minister or the Federal Minister of the Interior is responsible for.

References

§ 12. As far as other federal laws is referenced in this federal law provisions, these are to apply in their respectively valid version.

Fischer

Faymann

 

 

 

Annex

Regulation (EC) no 1099/2009 on the protection of animals at the time of killing (OJ No. L 303 of the 18.11.2011 p. 1).