Animal Material Act 2012

Original Language Title: Tiermaterialiengesetz-Novelle 2012

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23. Federal Act amending the Animal Material Act (Animal Material Law-Novel 2012)

The National Council has decided:

The Animal Materials Act-TMG, BGBl. I n ° 141/2003, as amended by the Federal Law BGBl. I n ° 13/2006 and the Federal Ministries Act of 2009, BGBl. I No 3, shall be amended as follows:

1. § 1 (1) reads:

" (1) This federal law serves

1.

the implementation of

a)

Regulation (EC) No 1069/2009 laying down health rules concerning animal by-products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation), OJ L 327, 31.12.2002, p. No. 1), as amended by Directive 2010 /63/EU, OJ L 327, 22.12.2010, p. No. OJ L 276, 20.10.2010 p. 33,

b)

of Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules for animal by-products not intended for human consumption and for the implementation of Council Directive 97 /78/EC as regards certain samples and products exempted from veterinary checks at the border of certain products, OJ L 327, 30.4.1997, p. EU No 1., as amended by Regulation (EU) No 749/2011 OJ L 327, 28.12.2011, p. No. OJ L 198 of 30.07.2011 p. 3 and

c)

because of the one in lit. (a) and (b) acts directly applicable to the European Union, and

2.

the regulation of the collection, storage, transport, treatment, processing, disposal or use and placing on the market of animal by-products and materials which are not covered by the scope of Regulation (EC) No 1069/2009 "

2. In § 2, the word order shall be "Regulation (EC) No 1774/2002" through the phrase "Regulation (EC) No 1069/2009, Regulation (EU) No 142/2011" replaced.

3. § § 3 to 6 together with headline are:

" Registration and approval of establishments and entrepreneurs

§ 3. (1) For the registration or approval of establishments and installations (hereinafter referred to as holdings) as well as entrepreneurs referred to in Article 23 or Article 24 of Regulation (EC) No 1069/2009, the district administrative authority in whose sprinkling is the holding or the business owner is responsible for it.

(2) establishments and entrepreneurs who are at one of the stages of production, transport, handling, processing, storage, placing on the market, use or disposal of animal by-products or derived products , prior to taking up the activity of the District Administrative Authority, indicating the nature of the activity and the relevant information on the nature and handling of animal by-products and any subsequent products, to apply for registration or admission. The activity may only be carried out after registration in the central operating register of the consumer health information system (paragraph 1). 7).

(3) An application in accordance with paragraph 2 shall not be required for establishments and entrepreneurs who produce animal by-products in the course of their activity as an animal holding company or as an approved or registered food business operator, without any further Activities within the meaning of paragraph 2 shall be carried out. Likewise, an application shall not be required if an exception to the notification obligation has been established by a regulation in accordance with § 13.

(4) A registration within the meaning of Article 23 of Regulation (EC) No 1069/2009 should be carried out if the assessment of the information submitted shows that the information provided for the relevant operations in Regulation (EC) No 1069/2009 and the Regulation (EU) No 142/2011 shall be complied with and no authorisation is required for the notified activity referred to in Article 24 of Regulation (EC) No 1069/2009.

(5) An authorisation shall be granted if the information provided and a verification on the ground reveal that the conditions laid down in Regulation (EC) No 1069/2009 and Regulation (EU) No 142/2011 for the operation in question are subject to the conditions laid down in Regulation (EC) No 1069/2009 and Regulation (EC) No 142/2011. and it is ensured that the respective operating conditions are maintained. An authorisation may also be granted, pursuant to Article 44 (2) of Regulation (EC) No 1069/2009, as conditional, on three, but not more than six months, on a temporary basis, provided that the infrastructure and equipment requirements are met at least to the extent that a flawless operation can be ensured. The District Administrative Authority shall, if necessary, use appropriate experts to verify the condition of the admission requirements and to carry out the checks provided for.

(6) Without prejudice to para. 4 and 5, registration may only be carried out or an authorisation may be granted only if any commercial, waste-and/or water-law permits required for the operation of the installation are subject to the following conditions: or be granted at the same time. The approval procedures under this federal law are to be carried out at the same time as the authorization procedures required by other provisions.

(7) The Landeshauptmann shall ensure that any establishment registered pursuant to paragraph 4 or registered in accordance with paragraph 5 of this Article shall be entered in the central operating register of the consumer health information system and the electronic the generated and assigned official number is brought to the attention of the company concerned. The registration in the central register of works shall comply with the format specifications and with the relevant codes and information in accordance with the technical specifications referred to in Annex XVI, Chapter II, Z 3 of Regulation (EU) No 142/2011 ,

Recording requirements

§ 4. Holdings, entrepreneurs or persons, animal by-products or materials

1.

release,

2.

send,

3.

transport or

4.

to receive the reception,

to ensure traceability of these records in a comprehensible and transparent manner. Likewise, depending on the operating activities, the measures for self-control, the intra-company flow of goods and the observance of the treatment and processing parameters, which may be prescribed, are to be documented in a suitable manner. These records shall be kept for a period of at least two years and shall be submitted for inspection at the request of the official control bodies (Section 8 (1)). If only the delivery (Z 1) of animal by-products and materials from farm-holding companies is carried out, the orderly storage of the corresponding takeover confirmations of one of them is sufficient according to § 3. authorized holding or entreprenter.

Official controls

§ 5. The district administrative authority shall regularly check compliance with the relevant provisions in establishments or in the case of entrepreneurs registered or registered in accordance with Section 3. The frequency of checks shall be carried out in accordance with the requirements for the prevention of risks to humans, animals and the environment in the context of the multi-annual integrated control plan within the meaning of Article 41 et seq of Regulation (EC) No 882/2004 on official controls to verify compliance with food and feed law, animal health and animal welfare rules, OJ L 327, 28.4.2002, p. No. OJ L 165, 30.4.2004 p. 1, as last amended by Regulation (EU) No 563/2012, OJ L 136, 31.5.2012, p. No. OJ L 168, 28.06.2012 p. 24. In this connection, the handling of animal by-products and their subsequent products, as well as with approved establishments, is also compliance with the conditions for admission, in particular with regard to:

1.

the establishment and equipping of establishments, technical conditions of procedure, occupational hygiene, human resources hygiene, the effectiveness of self-control and the operational records;

2.

the legal requirements for raw materials, initial and final products as well as the labelling requirements;

3.

to ensure the destruction of all disease germs in the case of intended processing; and

4.

the proper disposal of waste and waste water

to control. These checks may also be carried out in the context of administrative checks carried out in accordance with other statutory provisions.

Defect collection, suspension and withdrawal of registration or registration, prohibition of operating conditions

§ 6. (1) In the event of deficiencies and maladministration identified, the necessary measures for the production of the proper condition, depending on the nature and seriousness of the deficiencies, shall be informed by the District Administrative Authority, with the following: the use of assets and equipment can also be prohibited, as well as certain working methods or precautionary measures to be observed.

(2) In the event of a check in accordance with § 5, it is established that admission requirements or other regulations relating to the handling of animal by-products and their subsequent products are not complied with or other defects by which a hazard for the health of humans or animals may be brought about, shall be taken into account in accordance with paragraph 1 and shall, in addition, be provisionally closed to the holding until the conditions or the elimination of the deficiencies have been re-established, and to temporarily ban operations. If the deficiencies are not remedied within six months from the date of the notification, or if the conditions for a regulated operating activity are not restored within this period, the following shall be informed by the Office of the Authorisation to withdraw or to delete the registration.

(3) The district administrative authority shall withdraw the authorisation in the long term, or prohibit the holding of operations in the long term if, in the case of checks carried out in accordance with Section 5, it has been established that repeated serious breaches of the rules constitute a serious risk to human or animal health and to the Deprivation is necessary to prevent further dangers. "

4. The heading to § 7 reads:

"Setting of the holding, changing the activity or relaying the authorisation"

5. § 7 (1) reads:

" (1) Companies and entrepreneurs who are registered or registered under this Federal Act shall have

1.

a temporary or permanent cessation of the holding or of the activity as soon as possible;

2.

a substantial change in the activity or type and category of the animal by-products taken in advance in advance

of the district administration authority. "

6. In § 8 (1) and (2), the word order shall be "Regulation (EC)" through the phrase "directly applicable provisions of the Union" replaced.

7. In § 8 (1) (3) and (2), the word "Community" by the word "Union" replaced.

8. § 10 (1) to (3) reads:

" (1) The producers of

1.

animal by-products or materials of category 1 and 2 (excluding manure, stomach and intestine content) in accordance with Regulation (EC) No 1069/2009,

2.

animal by-products or materials of category 3, which are not otherwise used in accordance with Article 14 (d), (e) and (j) of Regulation (EC) No 1069/2009,

, as well as other persons who have such by-products and materials in custody, shall be obliged to immediately apply them to a suitable establishment, registered or approved in accordance with § 3, or to an establishment according to the provisions of Regulation (EC) No In the case of Category 1 and 2 material, the consent of the Member State of destination for such a dispatch under Article 48 (2) of Regulation (EC) No 1069/2009 is to be delivered in another Member State. (1) Regulation (EC) No 1069/2009 must be available.

(2) In accordance with the provisions of paragraph 1, a legally valid written agreement with registered or approved establishments or contractors shall have a legally valid written agreement, including in particular all further provisions concerning the collection, marking, storage, collection, transport and the type of further working or processing must be completed. The agreements shall be concluded for a period of at least three months; they shall be kept for two years and shall be submitted for inspection at the request of the supervisory authorities (Section 8 (1)). The conclusion of a written agreement on a case-by-case basis shall be the proof of an existing connection to a communal collection system suitable for this purpose. Other regulations issued in accordance with § § 12 and 13 are to be complied with.

(3) The removal of the provisions of a written agreement in accordance with paragraph 2 of this Article shall be the disposal of

1.

(case animals) or animals killed within the meaning of Regulation (EC) No 1069/2009, unless they are located in a slaughterhouse, and

2.

Settlement waste within the meaning of the Waste Management Act from private households. "

9. In § 12 para. 1 the quote shall be "1774/2002" by quoting "1069/2009" replaced.

10. In Section 12 (2) (2), the word order shall be "Fees for admission (§ 3) and" through the phrase "Fees for registration and admission (§ 3) as well as the" replaced.

11. § 13 (1) and (2) reads:

" (1) The Federal Minister The Federal Minister of Health may, in accordance with the relevant veterinary and health policy requirements as well as in accordance with the respective state of science, as far as this is necessary for the implementation and implementation of Regulation (EC) No 1069/2009 and of the the acts of the European Union which are directly applicable to them are necessary and permissible, and shall lay down the following:

1.

Detailed provisions and derogations for certain types of animal by-products and materials relating to their collection, storage, transport, treatment, disposal or processing, on the placing on the market and on the use of the products , as well as the nature, form and content of the delivery agreements and operational records;

2.

detailed provisions relating to the registration and/or registration procedure to be carried out in full compliance with this Federal Act. approval procedures and official measures, and the nature and frequency of checks, taking into account the size of the farm, the type of by-products used or the products produced;

3.

detailed rules on the nature, form and content of the information to be provided by undertakings or entrepreneurs in the course of a notification with a view to registration or authorisation in accordance with § 3 or a change in the activity referred to in § 7, and additional provisions on exemptions from this reporting obligation;

4.

additional provisions for the application of Regulation (EC) No 1069/2009 and Regulation (EU) No 142/2011, or for the application of the provisions of the Union directly applicable to these Regulations, and of the provisions of Regulation (EC) No 142/2011, Provisions for non-compliance with respect to the delivery, collection, use and disposal of animal by-products;

5.

Detailed provisions relating to the collection, storage, transport, treatment, processing, disposal or use and placing on the market of animal by-products and materials not covered by Regulation (EC) No 1069/2009 are recorded;

6.

Implementing rules concerning the controlled temporary burial of animal by-products or materials to be removed in accordance with Regulation (EC) No 1069/2009 for the purpose of the production of biodynamic preparations according to of Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91, OJ L 327, 31.12.1991, p. No. OJ L 189 of 20.07.2007 p. 1, as amended by Regulation (EC) No 967/2008, OJ L 189, 20.7.2008, p. No. OJ L 264, 03.10.2008, p.

(2) The Federal Minister The Federal Minister of Health may lay down, by means of a regulation, which directly applicable legislation of the Union, which-if it is Austrian law-has been adopted on the basis of the "Veterinary" competence status of Article 10 (1) Z 12 B-VG could be carried out within the framework of this federal law. "

12. § 14 Z 1 reads:

" 1.

in the absence of any registration or authorisation required in accordance with § 3, or "shall carry out any activity carried out there" or "

13. § 14 Z 2 reads:

" 2.

Contrary to § 3 (2) or § 7 (1), no notification shall be made or "

14. § 14 Z 13 reads:

" 13.

in the case of bids or bans of Regulation (EC) No 1069/2009 or of Regulation (EU) No 142 /2011or

15. In § 14 Z 14, the abbreviation "EC" by the word "Union" replaced.

16. According to § 15, the following § 15a shall be inserted:

" § 15a. (1) For establishments which are at the time of entry into force of § 3 in the version of the BGBl. No 23/2013, in accordance with Regulation (EC) No 1774/2002 laying down health rules concerning animal by-products not intended for human consumption, OJ L 327, 31.12.2002, p. No. 1), repealed by Regulation (EC) No 1069/2009, OJ L 327, 30.12.2009, p. No. 1 and of this Act or were registered in the central register of works pursuant to Section 3 (7) of this Act, there is no further obligation to report.

(2) establishments and entrepreneurs whose activity requires registration in accordance with Article 23 of Regulation (EC) No 1069/2009 and which has already been authorised under Articles 10, 11, 12, 13, 14, 15, 17 or 18 of Regulation (EC) No 1774/2002; shall now be deemed to be registered. "

17. In § 16 (1) the word order shall be "Regulations (EC)" through the phrase 'provisions directly applicable to the Union' replaced.

18. In § 17, the phrase "for health and women" through the phrase "for health" replaced.

Fischer

Faymann