27. Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, amending the Regulation on Forestry Propagating Material

Pursuant to sections 4 (2) and (5), 6 (9), 8 (3), 9 (3), 10 (5), 12 (6), 13 (3), 15 (2), 17 (6) and (7), 36 (6) and 40 (6) and 40 of the Formal Vermulungsgutgesetz 2002), BGBl. I n ° 110, as last amended by the Federal Law BGBl. I No 86/2009, shall be:

1. In § 1 (1), § 11 (1), § 12 (2) (2) (2), § 17 (1), (3) and (11), § 20, § 21 (2), Annex IV and Annex V, the word sequence shall be deleted. "and Research Centre" .

2. In Section 1 (2), the word order shall be "Federal Office and Research Centre for Forest" through the phrase "Federal Research and Training Centre for Forest, Natural Hazas and Landscape" replaced.

3. § 2 (1) reads:

"(1) The approval of the starting material for" source-protected propagation material " is only possible for the following tree species:

1.		Acer platanoides L.
2.		Alnus incana Moench.
3.		Betula pendula Roth
4.		Betula pubescens Ehrh.
5.		Carpinus betulus L.
6.		Castanea sativa Mill.
7.		Fraxinus angustifolia Vahl.
8.		Quercus cerris L.
9.		Robinia pseudoacacia L.
10.		Tilia platyphyllos Scop.
11.		Populus alba L.
12.		Populus nigra L.
13.		Populus tremula L.
14.		Populus x canescens
15.		Abies grandis
16.		Quercus pubescens. "

4. In § 2 para. 2, the word "Extraction" by the word "Approval" replaced.

5. The previous text of § 4 is given the title "(1)" ; the following paragraph 2 is added:

"(2) The extraction of wild animals of the category" selected " is only permitted for the following tree species:

1.		Abies alba Mill
2.		Acer pseudoplatanus L.
3.		Fagus sylvatica L.
4.		Fraxinus excelsior L. "

6. § 5 (2) reads:

"(2) The approval of the starting material of clone and a mixture of clones of the category" qualified " shall be granted for a limited period of ten years. The Bundesamt für Wald (Federal Office for Forest) has to decide on an extension. The authorisation of the starting material for the production of clones and cloned mixtures shall apply exclusively to the locality requested by the right of disposal. "

7. The previous text of § 6 is given the title "(1)" ; the following paragraphs 2 to 4 are added:

"(2) The approval of the starting material of clone and cloning mixture of the category" tested " shall be granted for a limited period of 15 years. The Bundesamt für Wald (Federal Office for Forest) has to decide on an extension. The authorisation of the starting material for the production of clones and cloned mixtures shall apply exclusively to the locality requested by the right of disposal.

(3) In the case of clone and cloned mixture which have been tested for specific sites, the label shall indicate the specific location for which the clone and the clone mixture have been tested.

(4) The establishment of standards must be carried out by the Federal Office of Forest. The Bundesamt für Wald (Federal Office for Forests) is to be added before the comparative tests begin. The requirements are laid down in Annex V Z 3. "

8. § 7 shall not be included in the title.

9. § 8 para. 2 Z 1 reads:

" 1.		in the case of seed plantations, the abbreviation "P", the number of the plantation, the number of the regions of origin and the short description of the levels of the height; "

10. § 8 (2) Z 3 is replaced by the following Z 3 and 4:

" 3.		in the case of clones from the letter "A", the short description of the tree species, the name of the clone, the serial number, the code number of the federal state and the year of authorisation;
4.		in the case of cloned mixtures of the letter "A", the short description of the type of tree, the name of the cloning mixture, the code number of the federal state and the year of the authorisation. "

(11) The following paragraphs 4 to 6 are added to § 8:

"(4) The approval mark for the category" withholding " consists of the short description of the tree type, the number of the region of origin and the short name of the height level.

(5) The approval mark for wild birds of the category "source secured" consists of the short description of the tree species, the capital letter "W", the number of the region of origin and the short name of the height level.

(6) The approval mark for wild boars in the category "selected" shall consist of the short description of the type of tree, the capital letter "W", the number of the approved category, the number of the region of origin and the short name of the level. "

12. § 10 (3) and (4) reads:

" (3) In the case of cloned seed plantations, a harvest is only permitted if at least half of the clones are frustrated.

(4) In seedling seed plantations, a harvest is only permitted if half of the seedling progeny are frustrated. "

13. In Section 11 (3), the Z 4 and 5 shall be replaced by the following Z 4 to 7:

" 4.		Quercus spp. and Castanea sativa 10 seeds
5.		Acer platanoides, Acer pseudoplatanus, Carpinus betulus,
		Fagus sylvatica, Fraxinus angustifolia, Fraxinus excelsior,
		Prunus avium, Robinia pseudoacacia, Tilia cordata and
		Tilia platyphyllos 20 seeds
6.		Betula pendula and Betula pubescens 5 kittens
7.		Abies grandis 1 peg. "

14. § 13 reads:

" § 13. The individual clones are to be mixed as well as possible. The mixing portion of the individual clones may not differ by one tenth of its stated mixing portion. The clone mixture shall not contain any reference to the single clones on the label. "

15. In § 14, the second paragraph and the previous paragraph 3 shall be replaced by the name "(2)" .

16. In § 17, the sections 6 to 10 and the previous paragraph 11 are given the name "(6)" .

17. § 18 reads:

" § 18. (1) The forest seed examination must be carried out by laboratories approved by the Federal Office of Forests. The Federal Office of Forests carries the official register and assigns a registration number to the laboratory. To the extent necessary to ensure compliance with the provisions of this Regulation, conditions and conditions shall be required.

(2) The admission of laboratories with registered office in Germany shall be applied to the Federal Office of Forests. The Federal Office of Forests shall allow laboratories to be informed if the conditions set out in paragraph 4 are fulfilled. Laboratories in Member States, provided that they are official or officially approved laboratories and are certified in accordance with internationally recognised procedures (ISTA rules), are considered to be authorised in the Member States.

(3) The application shall contain at least:

1.		the name or business name and address of the applicant;
2.		the nature and scope of the activities for which the applicant is seeking authorisation or entry in the official register,
3.		where applicable, the operating number according to the 2002 Forestry Propagating law, BGBl. I n ° 110/2002, in the version of the Federal Law BGBl. I No 86/2009.

(4) The application shall be accompanied by all documents with which a laboratory can provide credible evidence that the technical procedures and methods employed by its staff are suitable, as provided for in the 2002 Forestry Propagating Material Act, Federal Law Gazette (BGBl). I n ° 110/2002, in the version of the Federal Law BGBl. I No 86/2009, to carry out the necessary studies and to have a minimum technical equipment which corresponds to the current state of the laboratory technology. If a laboratory intends to carry out an activity other than that for which the authorisation has been granted, a new application for authorisation shall be submitted.

(5) The forest seed laboratory in Federal research and training centre for forest, natural hazards and landscape is considered to be approved. "

18. § 19 shall not be taken with the title.

19. In § 21 (1), after the word "Forestry plants" the phrase "as well as harvest operators" inserted.

20. In § 21 (1), the word shall be: "and" at the end of the Z 3 replaced by a dash; the point at the end of the Z 4 shall be replaced by the word "and" replaced. The following Z 5 shall be added:

" 5.		Harvest operator depending on the intensity of the harvest. "

21. In Annex I, Annex IV, Z 4 lit. d Z 3 and Annex VII, Part B and C, the word order "Populus ssp." through the phrase "Populus spp." replaced.

22. In Annex II, Z 1, the word sequence shall be: "a seed" through the phrase "a seed source" replaced.

23. In Annex II, Z 2, the word sequence shall be: "The seed" through the phrase "The seed source" replaced.

Annex IV Z 1 reads as follows:

" 1.		Seed plantations
a)			The nature, destination, number of clones or families, the cross-plan and the investment scheme, components, insulation and location must ensure that the seed produced is the average genetic quality of the source material to which the seed plantation originates, is largely equivalent to These parameters as well as change (s) are to be approved and registered by the Federal Office for Forests. "

25. In Annex IV, Z 3 lit. c becomes the word "(ortets)" by the word "(Ortet)" replaced.

26. Annex IV, Z 3 lit. d is deleted.

27. In Annex IV, Z 4 lit. d Z 1 becomes the word "Larix ecidua" by the word "Larix decidua" replaced.

28. In Annex V, Z 3, in the lit. a point i) the word "really" by the word "sufficient" replaced, and in (ii) the word "lavish" by "sufficient" replaced.

29. In Annex VII, Part C, the word "Cuttings (n)" by the word "plughoes (n)" replaced.

30. In Annex IX, section A. General in the second paragraph, the word "High-altitude regions" by the word "Cave belt" replaced.

Berlakovich