Implementation Immediately Applicable Union Regulations In The Field Of Animal Welfare

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

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47. Federal law implementing directly applicable EU law provisions in the field of animal welfare

The National Council has decided:

1. Main item

General provisions

Scope and objective

§ 1. (1) This federal law serves to implement the directly applicable legal acts of the European Union as set out in the Annex in the field of animal welfare.

(2) The Federal Minister The Federal Minister of Health has, in agreement with the Federal Minister for Agriculture, the Annex to the Regulation, provided that the holding of farm animals is covered by the regulation. The Federal Minister for Agriculture, Forestry, Environment and Water Management-to update and supplement.

Execution

§ 2. (1) Unless expressly stated otherwise, the Authority shall be the District Administrative Authority within the meaning of this Federal Law.

(2) An appeal to the independent administrative senate in the country may be brought against decisions of the Authority in proceedings under this Federal Act.

(3) Institutions of the Public Security Service shall participate in the enforcement of this Federal Law in so far as they are acting within the framework of the Federal Law on the Protection of the Rights of the Federal Republic of Germany (TSchG), BGBl. I No 118/2004 Article 2, which is to be communicated to the Commission.

(4) With regard to the official supervision of compliance with this federal law, it is necessary to proceed in accordance with § § 35 to 37 of the TSchG. More detailed rules on the checks on slaughterhouses and the persons who carry out these checks shall be provided by the Federal Minister, respectively. by the Federal Minister of Health in agreement with the Federal Minister the Federal Minister for Agriculture, Forestry, the Environment and Water Management by Regulation.

Animal welfare ombudsman

§ 3. (1) The animal protection ombudsman ordered pursuant to § 41 TSchG has the following duties, rights and obligations also under this Federal Act:

1.

The animal welfare ombudsman has the task of representing the interests of animal welfare.

2.

The animal welfare ombudsman has a party position in administrative proceedings, including administrative criminal proceedings. He shall be entitled to inspect all procedural acts and to request all relevant information. The authorities shall assist the animal welfare ombudsman in the performance of his duties.

3.

The animal welfare ombudsman has to report to the provincial government about his activities.

(2) In the performance of his duties, the animal welfare ombudsman shall not be subject to any instructions.

Criminal provisions

§ 4. (1) Any person who violates the provisions of the directly applicable acts of the European Union as set out in the Annex or against the provisions of this Federal Law, by taking unjustified pain, suffering, or suffering from an animal contrary to § 5 of the TSchG Damage or severe anxiety is inflicted on administrative transgressing and is punishable by the authority with a fine of up to EUR 7 500, in the event of a repetition of up to EUR 15 000.

(2) In serious cases of cruelty to animals, a penalty of at least EUR 2 000 is to be imposed.

(3) Anyone who, except in the cases referred to in paragraphs 1 and 2, is in breach of a provision of the directly applicable acts of the European Union referred to in the Annex or against this Federal Law or against administrative acts set up under this Federal Act , an administrative surrender is committed and is punishable by the authority with a fine of up to EUR 3 750, in the event of a repetition of up to EUR 7 500.

(4) According to paragraphs 1 to 3, it is also necessary to punish who tolerates that a person under his supervision and instruction is subject to the directly applicable legal acts of the European Union referred to in the Annex, to this Federal Act or to the acts of the European Union, which are based on this Act. Regulations adopted by the Federal Republic of Germany or those contained in the Act are contrary to the provisions of the Federal Act, although they are contrary to he could have prevented the act.

(5) The experiment shall be punishable.

(6) In the event of administrative transgressions pursuant to paragraph 3, the Authority shall have no liability in accordance with Section 21 (1a) of the Administrative Code Act 1991, Federal Law Gazette (BGBl). No 52, without recourse to any other procedure, from the imposition of a penalty if the fault of the accused or the person concerned is not to be penalised. of the accused is minor and the consequences of the transgressing for the well-being of the animals concerned are insignificant. The authority shall be responsible for: the accused, having regard to the illegality of their of its conduct, provided that this is necessary in order to ensure that the accused, or to hold the accused of further criminal acts of the same kind. Under the conditions laid down in this paragraph, the inspection bodies may, in accordance with Article 35 of the TSchG, be entitled to repay an advertisement, if necessary after the legitimate condition has been produced by the application or the application. of the people who have complained; they have the perpetrator, to make the perpetrator aware of the illegality of his conduct in such cases in an appropriate manner.

(7) An administrative surrender does not exist if an act referred to in paragraphs 1 to 3 forms the offence of a criminal offence which falls within the jurisdiction of the courts.

Verfall

§ 5. Articles which have been used to supersede the directly applicable acts of the European Union referred to in the Annex in connection with this Federal Law shall be declared forfeit if it is to be expected that the offender shall be Continue or repeat criminal behaviour.

2. Main piece

Specific provisions for the implementation of Regulation (EC) No 1099/2009

Guides

§ 6. (1) In order to draw up guidance documents in accordance with Article 13 of Regulation (EC) No 1099/2009 on the protection of animals at the time of killing (OJ L 327, 30.4.2009, p. No. 1), the Austrian Chamber of Commerce and the Austrian Chamber of Agriculture and Rural Development are entitled to do so.

(2) The Federal Minister The Federal Minister of Health has to examine the guidelines and, if necessary, revise or supplement the guidelines. In accordance with § 42 of the German TSchG (TSchG) and the General Advisory Council (TSchG), the Animal Welfare Council is to be heard in accordance with § 42a The certified guides are provided by the Federal Minister, respectively. by the Federal Minister of Health of the European Commission, and to be published on the homepage of the Federal Ministry of Health.

(3) If no guidance documents are submitted by the Austrian Chamber of Commerce or the Austrian Chamber of Agriculture, the drafting of these guidelines shall be the responsibility of the Federal Minister for Economic Affairs, the Federal Minister of Health.

Contact Point

§ 7. (1) Contact point pursuant to Art. 20 (2) of Regulation (EC) No 1099/2009 is the Federal Ministry of Health.

(2) The Federal Minister The Federal Minister of Health may commission persons or institutions with the preparation of scientific opinions pursuant to Article 20 of Regulation (EC) No 1099/2009.

Implementation of training courses and examinations and exhibition of subject-specific customer views

§ 8. (1) The training programmes, the content and the modalities of the examinations referred to in Article 21 (1) (1). (c) Regulation (EC) No 1099/2009, based on proposals from the Austrian Chamber of Commerce and the Austrian Chamber of Agriculture, shall be adopted by the Federal Minister of the Federal Republic of Germany The Federal Minister for Health is regulated by the regulation.

(2) The organisation and conduct of training and examinations pursuant to Article 21 of Regulation (EC) No 1099/2009 shall be carried out by the Chambers of Commerce and the Chambers of Agriculture or by the training institutes of those bodies or by others. the provisions of the Regulation referred to in paragraph 6 above. They each have a list of the certificates issued. The authorities shall, on request, be provided with information and access to the list, or shall be sent to the list in their entirety.

(3) With the certificate of successful completion of the training with a final examination, the district management authority of the place of residence is required to apply for a certificate of proof in accordance with Art. 21 of Regulation (EC) No 1099/2009. Persons who can prove appropriate training by means of a certificate but who do not have a place of residence in Austria shall apply for the proof of proof of proof of the material in the case of the authority responsible for the location of their work in the place where they are to be carried out.

(4) The authorities referred to in paragraph 3 shall issue the points of interest in the matter. In addition to the mandatory particulars referred to in Article 21 (3) of Regulation (EC) No 1099/2009, the following personal data shall be listed:

1.

First name and surname,

2.

Date of birth of the holder the holder,

3.

Residence address.

(5) The authorities referred to in paragraph 3 shall each have a list of the points of interest issued and shall keep them up-to-date.

(6) The Federal Minister The Federal Minister of Health has laid down more detailed rules on the acquisition of points of interest, the calculation of relevant training and the manner in which the Federal Minister of Health is responsible for the payment of the relevant information.

(7) Copies of the staff's professional expertise shall be kept in the slaughterhouses. The Authority shall be granted access to it.

(8) The Federal Minister The Federal Minister of Health has to publish the contact details of the posts mentioned in paragraph 1 on the homepage of the Federal Ministry of Health.

(9) Until December 8, 2015, the acquisition of a proof of proof is possible if a person with appropriate knowledge and abilities according to § 7 iVm Annex I of the Animal Welfare Ordinance, BGBl. II No 488/2004 idF BGBl. II No 31/2006, has three years of professional experience and there are no grounds for withdrawal in accordance with Section 9 (1).

Withdrawal of subject-matter-type achials

§ 9. (1) The certificate shall be withdrawn from the Authority by the Authority if:

1.

on the basis of checks, it is established that one of the cases referred to in Article 22 (1) (1) (c) the reasons referred to in Regulation (EC) No 1099/2009 have not been complied with and a warning has not been complied with by the competent authority; or

2.

the proprietor or the holder of the certificate of proof of proof has been legally punished for serious infringements in connection with an activity within the scope of Regulation (EC) No 1099/2009, this Federal Act or Section 32 of the TSchG, or

3.

a final punishment pursuant to Section 222 of the German Criminal Code (StGB) has been carried out, or a punishment under § 222 of the StGB (German Criminal Code) has not been carried out because of a lack of capacity for payment, or the Public Prosecutor is responsible for prosecution on the basis of diversionary measures pursuant to § 198 StPO of the criminal prosecution has resigned.

(2) In cases of withdrawal, the Authority's statement of proof shall be delivered to the Authority without delay. If the proof of proof of material is not delivered, it shall be in accordance with the Administrative Enforcement Act 1991, BGBl. No. 51. The authority responsible for withdrawing the certificate shall, if it is not the authority which has issued it, notify it without delay and shall forward it to the competent authority. The authority which issued the certificate of proof of material shall immediately note the withdrawal of the proof of proof of proof of material in the list in accordance with Section 8 (5).

(3) Regaining is possible in the event of a withdrawal on the basis of paragraph 1 Z 1 if, by means of a positive completion of the training with examination in accordance with § 8 (2), it is proved that a reason for withdrawal pursuant to Art. 22 (1) (1) (1) (1). (c) Regulation (EC) No 1099/2009 no longer exists. In the event of withdrawal in accordance with paragraph 1 Z 2, the repetition of the training is possible once with examination.

Authorisation

§ 10. The Federal Minister The Federal Minister of Health may, in the light of the objectives set out in § 2 of the TSchG and the recognized state of science and technology, lay down detailed rules for the implementation of the directly applicable legal acts referred to in the Annex. European Union adopted by Regulation. The agreement with the Federal Minister, or the Federal Minister of State, shall be subject to the agreement of the Federal Minister for the the Federal Minister for Agriculture, Forestry, the Environment and Water Management. With regard to the equipping of slaughterhouses, the agreement with the Federal Minister to the Federal Minister for Economic Affairs, Family and Youth. To the extent that public interests do not require the accelerated release, these regulations must be heard prior to the release of the Animal Welfare Council (§ 42 TSchG) and the Enforcement Advisory Board (§ 42a TSchG).

3. Main piece

Final provisions

Full-education clause

§ 11. (1) With the enforcement of this Federal Act, unless otherwise specified, the Federal Minister or the Federal Minister of State shall be responsible for the of the Federal Minister of Health.

(2) With the enforcement of § 2 para. 3, the Federal Minister is responsible for of the Federal Minister of the Interior.

References

§ 12. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

Fischer

Faymann

Annex

Regulation (EC) No 1099/2009 on the protection of animals at the time of killing (OJ L 145, 31.5.2009, p. No. OJ L 303 of 18.11.2011 p. 1).