Plant Protection Regulation 2011

Original Language Title: Pflanzenschutzverordnung 2011

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299. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on measures to prevent the movement of organisms harmful to plants and plant products (Plant Protection Regulation 2011)

Pursuant to § § 4 (4), 6, 14 (1) Z 2, 16, 17 (3) and 4, 19 (3), 29 (2), 30 (4), 34 (5) and (7), 35 (4), 38 (1), 40 (4) and (45) of the Plant Protection Act 2011, BGBl. I n ° 10, is-in agreement with the Federal Minister for Finance-in accordance with § 20:

Section 1

General

Registration and authorization

§ 1. The applications for registration in the official directory within the meaning of § 14 of the Plant Protection Act 2011 and the authorization to use plant passports within the meaning of § 18 of the Plant Protection Act 2011 shall be submitted in writing.

Advanced Registration

§ 2. (1) The producers of the products referred to in paragraph 2 or, where applicable, the collection or dispatch points in the production sector shall, in accordance with Article 14 (1) (2) of the Plant Protection Act 2011, apply for registration in the official list.

(2) In the case of the following products, the application is to be submitted in accordance with paragraph 1:

1.

Tubers of Solanum tuberosum L., other than seed potatoes,

2.

Fruits of Citrus L., Fortunella Swingle and Poncirus Raf. as well as their hybrids,

3.

for planting certain plants of Viburnum spp., Camellia spp. and Rhododendron spp., other than Rhododendron simsii Planch., each other than seeds,

4.

plants or parts of plants of the genus Castanea Mill., other than fruit and seeds,

5.

Plants, other than fruit and seeds, of which the stem has a diameter of more than 5 cm, of the species Areca catechu, Arecastrum romanzoffianum (Cham) Becc, Arenga pinnata, Borassus flabellifer, Brahea armata, Butia capitata, Calamus merillii, Caryota maxima, Caryota cumingii, Chamaerops humilis, Cocos nucifera, Corypha gebanga, Corypha elata, Elaeis guineensis, Howea forsteriana, Jubea chilensis, Livistona australis, Livistona decipiens, Metroxylon sagu, Oreodoxa regia, Phoenix canariensis, Phoenix dactylifera, Phoenix theophrasti, Phoenix sylvestris, Sabal umbraculifera, Trachycarpus fortunei and Washingtonia spp.,

6.

Plants of the genus Brugmansia Pers for planting. Spp. and the species Solanum jasminoides Paxton,

7.

plants of the genus Pinus L. and of the species Pseudotsuga menziesii, in each case including their seed,

8.

Plants intended for planting, other than seeds, by Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Corylus spp., Cotoneaster spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus spp., Pyrus spp., Salix spp. and Ulmus spp., and

9.

Seeds of Medicago sativa L.

Specific shipments

§ 3. (1) The official investigation (Section 23 (1) (2) and (2) of the Plant Protection Act 2011) may be carried out in the case of shipments of plants, plant products and other objects to a Federal Office for Forest in the case of forest plants or plants. plant products shall be carried out in accordance with the Annex to the Forest Act 1975, in the case of other plants, plant products or other objects other than forestry, approved by the Federal Office for Food Safety with a decision approved by the Federal Office for Food Safety, if the importer in accordance with § 14 (1) Z 4 of the Plant Protection Act 2011 specific Guarantees and the consignment from a transport document in accordance with Annex 6 is accompanied. In the case of forestry plants or plant products in accordance with the Annex of the Forest Act 1975, BGBl. No. 440/1975, the Federal Office of Forests has published in the Official Journal of the Federal Office for Forests, in the case of other as forestry plants, plant products or other objects, the Federal Office for Food Security in the Official News of the Federal Office for Forest The Federal Office for Food Security shall lay down the following details:

1.

the procedure for the authorisation of destinations;

2.

the specific guarantees to be met by a consignment which is to be officially examined at an approved destination; and

3.

the minimum requirements to be met by the place of destination.

(2) Admissions in accordance with the entry positions-Regulation 2004, BGBl. II. 186, have the Annex to Directive 98 /22/EC laying down minimum requirements for the implementation of plant health checks on plants, plant products or other objects imported from third countries into the Community inspection bodies other than those of the place of destination (OJ L 327, No. OJ L 126 of 28.4. 1998 S 26). Consignments of plants, plant products and other objects referred to in Annex V, Part B, of the Plant Protection Act 2011, from third countries, shall have a phytosanitary certificate, which shall be the model set out in Annex I to Directive 2004 /105/EC , is to be attached.

(3) Knolls of Solanum tuberosum L. originating in Egypt shall be marked with the inscription "Use only for edible purposes or industrial purposes"; further attention shall be drawn to the Egyptian origin of the tubers in the labelling. The residues from the packaging or processing of these tubers should be treated in accordance with the provisions made by the Federal Office for Food Security in the "Official News of the Federal Office for Food Security". The respective competent authority shall be entitled, with a view to possible latent infection with Ralstonia solanacearum, to properly treat the residues from the packaging or processing of such tubers in accordance with the requirements of the Federal Office for Food security provisions should be monitored. Any person who is working in packaging or processing tubers from Solanum tuberosum L., originating in Egypt, shall be obliged to report to the competent official body. The notification shall be made in such a timely manner before the beginning of the packaging or processing that the competent official body may carry out appropriate checks. The notification shall contain at least the following information:

1.

the full word of the company;

2.

the address of the plant in which the tubers of Solanum tuberosum L. originating in Egypt are to be packaged or processed;

3.

the exact time period of the packaging or processing of the tubers of Solanum tuberosum L. originating in Egypt.

(4) The following plants intended for planting, in each case other than seeds, originating in third countries other than the USA may only be transported in the Community with a plant passport in accordance with Article 6 (4):

1.

Viburnum spp.;

2.

Camellia spp.;

3.

Rhododendron spp., other than Rhododendron simsii Planch.

(5) The following plants, in each case other than fruits and seeds, originating in the USA, may only be brought in the Community with a plant passport in accordance with Section 6 (5):

1.

Acer macrophyllum (Pursh);

2.

Acer pseudoplatanus L.;

3.

Adiantum aleuticum (Rupr.) Paris;

4.

Adiantum jordanii C. Muell.;

5.

Aesculus californica (Spach) Nutt.;

6.

Aesculus hippocastanum L.;

7.

Arbutus menziesii (Pursh);

8.

Arbutus unedo L.;

9.

Arctostaphylos spp. Adans;

10.

Calluna vulgaris (L.) Hull;

11.

Camellia spp. L.;

12.

Castanea sativa Mill.;

13.

Fagus sylvatica L.;

14.

Frangula californica (Eschsch.) Gray;

15.

Frangula purshiana (DC.) Cooper;

16.

Fraxinus excelsior L.;

17.

Griselinia littoralis (Raoul);

18.

Hamamelis virginiana L.;

19.

Heteromeles arbutifolia (Lindley) M. Roemer;

20.

Kalmia latifolia L.,

21.

Laurus nobilis L.;

22.

Leucothoe spp. D. Don,

23.

Lithocarpus densiflorus (Hook. & Arn.) Rehd.;

24.

Lonicera hispidula (Lindl.) Dougl. ex Torr. & Gray;

25.

Magnolia spp. L.;

26.

Michelia doltsopa book. Ham. ex DC;

27.

Nothofagus obliqua (Mirbel) Blume;

28.

Osmanthus heterophyllus (G. (Don) P. S. Green;

29.

Parrotia persica (DC) C.A. Meyer;

30.

Photinia x fraseri Dress;

31.

Pieris spp. D. Don;

32.

Pseudotsuga menziesii (Mirbel) Franco;

33.

Quercus spp. L.;

34.

Rhododendron spp. L., other than Rhododendron simsii Planch.;

35.

Rosa gymnocarpa Nutt.;

36.

Salix caprea L.;

37.

Sequoia sempervirens (Lamb. ex D. Don) Endl.;

38.

Syringa vulgaris L.;

39.

Taxus spp. L.;

40.

Trientalis latifolia (Hook.);

41.

Umbellularia californica (Hook. & Arn.) Nutt.;

42.

Vaccinium ovatum (Pursh);

43.

Viburnum spp. L.

(6) Anyone who has acquired, packaged, processed or marketed tubers from Solanum tuberosum L., originating in Poland, shall be obliged to report to the locally competent official body. The notification referred to in paragraph 1 shall be notified to the local official body at the latest one working day prior to the arrival of the tubers of Solanum tuberosum L. The locally competent official body may, as a provisional protective measure, carry out official tests on tubers from Solanum tuberosum L. originating in Poland, also by way of derogation from § 20 of the Plant Protection Act 2011.

(7) Plants intended for planting or parts of plants of the genus Castanea Mill., other than fruits and seeds, originating in third countries or in the Community may only be transported in the Community with a plant passport in accordance with Article 8 (8).

(8) Plants intended for planting or parts of plants of the genus Castanea Mill., other than fruits and seeds, originating in third countries may be imported into the Community only if they are:

1.

accompanied by a plant health certificate in accordance with § 25 of the Plant Protection Act 2011, in which the field "Additional explanation" confirms that the plants are uninterrupted at production sites

a)

in countries where the occurrence of Dryocosmus kuriphilus Yasumatsu is not known, or

b)

in a territory recognised by the national plant protection organisation of the country of origin in accordance with the relevant international standards for phytosanitary measures as being free of Dryocosmus kuriphilus Yasumatsu, and in the field "Origin" the name of this non-polluting area is indicated,

and

2.

in the case of imports into the Community according to Article 23 of the Plant Protection Act 2011, controlled and assessed as free of Dryocosmus kuriphilus Yasumatsu.

(9) The following plants, other than fruit and seeds, whose stem has a diameter of more than 5 cm in diameter, may only be transported in the Union with a plant passport in accordance with Section 8 (9):

1.

Areca catechu;

2.

Arecastrum romanzoffianum (Cham) Becc;

3.

Arenga pinnata;

4.

Borassus flabellifer;

5.

Brahea armata;

6.

Butia capitata;

7.

Calamus merillii;

8.

Caryota maxima;

9.

Caryota cumingii;

10.

Chamaerops humilis;

11.

Cocos nucifera;

12.

Corypha gebanga;

13.

Corypha elata;

14.

Elaeis guineensis;

15.

Howea forsteriana;

16.

Jubea chilensis;

17.

Livistona australis;

18.

Livistona decipiens;

19.

Metroxylon sagu;

20.

Oreodoxa regia;

21.

Phoenix canariensis;

22.

Phoenix dactylifera;

23.

Phoenix theophrasti;

24.

Phoenix sylvestris;

25.

Sabal umbraculifera;

26.

Trachycarpus fortunei and

27.

Washingtonia spp.

(10) The following plants intended for planting may only be brought in the Community with a plant passport in accordance with Section 8 (10):

1.

Brugmansia Pers. Spp;

2.

Solanum jasminoides Paxton.

(13) The following plants intended for planting, including their seed, may only be transported in the Community with a plant passport in accordance with Section 8 (11):

1.

Pinus L.;

2.

Pseudotsuga menziesii.

(11) The following plants intended for planting, other than semen, originating in third countries or in restricted areas, in accordance with Articles 2 and 5 of Decision 2008 /840/EC as amended by Decision 2010 /380/EU, may only be provided in the Community with: a plant passport pursuant to section 8 (12):

1.

Acer spp.;

2.

Aesculus hippocastanum;

3.

Alnus spp.;

4.

Betula spp.;

5.

Carpinus spp.;

6.

Citrus spp.;

7.

Corylus spp.;

8.

Cotoneaster spp.;

9.

Fagus spp.;

10.

Warehousing Stroemia spp.;

11.

Malus spp.;

12.

Platanus spp.;

13.

Populus spp.;

14.

Prunus spp.;

15.

Pyrus spp.;

16.

Salix spp.;

17.

Ulmus spp.

Notification of an objection

§ 4. (1) A complaint that whole consignments of plants, plant products or other objects or parts thereof with origin from third countries do not comply with the provisions of the Plant Protection Act 2011 shall be submitted at the latest by the second Working day after the day of the complaint, however, in the event of a rejection pursuant to Section 30 (1) Z 1 of the Plant Protection Act 2011, however, immediately

1.

the Federal Minister for Agriculture, Forestry, the Environment and Water Management,

2.

report to the other official bodies concerned.

(2) The notification referred to in paragraph 1 shall be sent to:

1.

the entry points concerned,

2.

the central authorities of the other Member States,

3.

the European Commission

forward.

(3) The time limit laid down in paragraph 1 shall not apply in the event of a breach of the obligation to submit a plant health certificate or onward consignment certificate (§ § 23 Z 1 and 24 Z 1 of the Plant Protection Act 2011).

(4) In the event that the Federal Minister for Agriculture, Forestry, the Environment and Water Management issues a complaint by another Member State, this message shall be forwarded without delay to the official bodies concerned.

(5) The notification of a complaint shall be made by means of a form in accordance with Annex 1 shall be made.

Requirements for control bodies

§ 5. (1) The control bodies shall have the technical competence and the necessary expertise for the identification of harmful organisms.

(2) As control bodies which have to obtain the enforcement of the Plant Protection Act 2011 for other than forestry plants and plant products in accordance with the Annex of the forestry law in 1975 (hereinafter referred to as "agricultural area"), only Persons with the following training will be appointed:

1.

Graduates of universities or universities of applied sciences in the fields of agriculture, horticulture, fruit and viticulture or biology;

2.

Graduates of higher vocational schools in the fields of agriculture, horticulture, fruit and viticulture;

3.

graduates of relevant specialist schools, agricultural masters and gardeners with proven experience of at least three years of experience in the field of plant production, including plant protection or plant health testing;

4.

Graduates of other fields of study, other higher schools (e.g. AHS) or other persons, each with proven experience of at least five years of experience in the field of plant production, including plant protection or the Plant health testing.

(3) As control bodies which have to obtain the enforcement of the Plant Protection Act 2011 for forestry plants and plant products in accordance with the Annex to the Forestry Act 1975 (hereinafter referred to as "forest area"), only persons with the following conditions can be found The following training courses are to be ordered:

1.

University graduates in the forestry sector;

2.

Graduates of vocational higher education institutions (specialising in forestry);

3.

Graduates of forestry schools (forestry department, forest management master);

4.

Graduates of other fields of study, other higher schools (e.g. AHS) or other persons, each with proven experience of at least five years of experience in the field of plant production, including plant protection or the Plant health testing.

(4) A professional basic training for control bodies to be carried out prior to the recording of the control activity has knowledge of:

1.

the relevant legal provisions,

2.

about harmful organisms (symptoms, characteristics, host plants, biology, distribution),

3.

the organisational and practical operation of the control activities,

4.

the review of measures carried out, and

5.

the documentation of the official control

The Federal Office of Forestry (Bundesamt für Wald-Bundesamt für Wald-Bundesamt für Wald-Bundesamt für Wald-Bundesamt für Wald-Bundesamt für Wald-Bundesamt für Wald zu Wald)

(5) Professional training or Retraining of the control bodies shall be carried out on a regular basis, taking into account the current situation of the phytosanitary situation and areas of focus, but, if possible, annually. The continuing training can also be used for the agricultural sector at the Austrian Agency for Health and Food Security GmbH, in the forestry sector also in the Federal Research and Training Centre for Forest, Natural Hazas and Landscape ,

Official investigations

§ 6. (1) The official investigation shall take place in the holding, preferably at the production site, and shall be produced or used in respect of the relevant plants, plant products and other objects which are cultivated, produced or used in the The present invention also relates to a method for carrying out the method of the present invention.

(2) Details of the conduct of the official investigation relating to the frequency, timing and methodology of the official investigation, including sampling of the agricultural sector, shall be provided by the Federal Office for Food security in the directive "Official plant health inspection in the farm -Agricultural sector" (abbreviation "Compendium -LW"), which is to be found in the "Official news of the Federal Office for Food Security", .

(3) Details of the conduct of the official investigation concerning the frequency, timing and methodology of the official investigation, including the sampling of the forestry sector, are provided by the Federal Office of the Forest in the Directive "Official plant health inspection in the field of forestry" (abbreviation "Directive Forst"), which is to be published in the Official Journal of the Federal Office of Forest.

(4) In the course of the official investigation on the spot, compliance with the requirements of the registration document, in particular with regard to the type of operation (for example, importer, producer or collection warehouse), shall be the subject of the official registration of already registered companies. To check the application of the authorisation range (e.g. plant passport, protected area plant passport, exchange plant passport) and conditions and conditions. Any change, unless it has already been reported by the company itself, shall be reported to the competent authority of the respective federal state.

(5) The control body shall have the presentation

1.

a state-of-the-art plan of the permanent establishment, in particular the individual quarters,

2.

of the plans of the preceding and/or in the coming season (that is, in individual cases at least two seasons before the official investigation),

3.

of books containing complete information on the production, storage, dispatch and details of purchases (third countries, internal market) of the plants, plant products or other objects to be controlled,

4.

Results of samples sent in official laboratories in accordance with international standards,

5.

lists of company-owned bonitations,

6.

the plant passports, protected area plant passports or replacement plant passports of the past year,

7.

the plant passports of the past year obtained from acquisitions; and

8.

proof that any additional requirements have been complied with in the communication.

(7) The control body shall be responsible for controlling the storage and production rooms, glass houses, fields and other production facilities on the basis of the operating plan and in accordance with the requirements of the LW compendium or the Forst Directive. The main focus will be on those quarters in which plant-related goods are produced. At the same time, it should be noted whether the plant's holdings are their own production or purchases from Member States or from third countries.

(8) At the end of the official investigation, a protocol containing all the data on the control and its results, including any official measures arranged, shall be drawn up. If necessary, additional information, such as, for example, in the case of optical symptoms of the infestation state or the growth stage of the plant, should be included in the examination protocol.

(9) The Protocol shall be signed by the control body and countersigned by the person responsible for the operation. The control body shall forward the Protocol to the Official Plant Protection Service of the country, where the Protocol shall be kept.

Section 2

Plant passport

General

§ 7. (1) The plant passport shall consist of:

1.

a label on which at least the following information is to be given:

(a)

EC plant pass;

(b)

the code of the Member State;

c).

the name or code of the competent official body;

d).

the identification number of the holding;

e).

serial number or week or number of the lot;

and

2.

an accompanying document or a label which, in addition to the information referred to in Z 1, shall contain at least the following further information:

(a)

botanical name;

(b)

quantity;

c).

the label "ZP" for the area of validity of the plant passport and the code of the protected area (s) referred to in Annex 3 to which the product may be brought;

d).

in the case of exchange of a plant passport, the identification "RP" and the code of the originally registered producer or importer;

e).

in the case of products from third countries, the name of the country of origin or dispatch

(3) A sample for labels referred to in paragraph 1 shall be: Annex 2 listed.

(4) The registration number (Section 14 (5) of the Plant Protection Act 2011) shall be made up of the information referred to in paragraph 1 (1) (1) (lit). b to d.

(5) The mandatory particulars shall preferably be printed in printed form in at least one of the official languages of the European Union. In the case of pre-printed plant passports, only capital letters shall be used for the prescribed data. In all other cases, the plant passports are to be filled in capital letters or exclusively in printed letters. The botanical names of the plants or plant products shall be entered in Latin letters. The plant passport shall be invalid if any information contained therein has been altered or deleted without official authorisation.

(6) The label may not yet have been used and must consist of a material suitable for the intended use. The label shall be placed under the responsibility of the registered holding on the plants, plant products or other objects, their packaging or their transport vehicles in such a way that it cannot be reused.

(7) As a supporting document, any document normally used in commercial transactions may be used. The accompanying document shall not be required if the mandatory particulars appear on the label. Other than the mandatory particulars that are important for labelling purposes may also be cited in the accompanying document, but they must be clearly separated from the required information.

Plant passport for special purposes

§ 8. (1) Where certain plants, plant products or other objects have been authorised for one or more protected areas, the code or codes of those protected areas shall be entered in addition to the abbreviation "ZP" ("zona protecta") of the plant passport; and indicate that the plant passport has been issued for plants, plant products or other objects which are authorised for one or more protected areas.

(2) If a plant passport is to be issued for plants, plant products and other objects originating in third countries, a plant passport shall be used in accordance with Article 5 (1) and the name of the origin or, where appropriate, of the origin of the plant passport shall be used for the purpose of: Country of dispatch.

(3) If a plant passport is to be replaced by another (exchange pass), the plant passport shall be used in accordance with Article 7 (1), with the code of the originally registered producer or importer on the plant passport in addition to the abbreviation "RP" ("replacement passport"), which means that this plant passport replaces another one.

(4) The placing of plants in accordance with § 3 (4) is only permitted for the implementation of Decision 2002/757/EC as amended by Decision 2007 /201/EC, in particular in order to ensure its origin, by way of derogation from § 17 of the Plant Protection Act 2011, if a plant passport valid for the area in question is affixed to them, their packaging or the means of transport.

(5) In order to implement Decision 2002/757/EC as amended by Decision 2007 /201/EC, in particular in order to ensure its origin, the movement of plants in accordance with section 3 (5) is only permissible by way of derogation from Section 17 of the Plant Protection Act 2011, if a plant passport valid for the territory in question is affixed to them, their packaging or to the means of transport, certifying that the plants are imported into the Community for infestation with non-European isolates of the Harmful organism Phytophtora ramorum Werres, DeCock & Man in ' t Veld sp. nov. and found to be free from the harmful organism. In the event of a request for authorisation pursuant to Section 18 of the Plant Protection Act 2011, the relevant findings must be submitted, if the application is to be dismissed.

(6) The movement of plants pursuant to Article 2 (2) (3) (3) of the EC Treaty, originating in the Community, is to implement Decision 2002/757/EC as amended by Decision 2007 /201/EC, in particular in order to ensure its origin, by way of derogation from Article 17 of the Plant Protection Act 2011 shall be permitted only if a plant passport valid for the area in question is affixed to them, their packaging or to the means of transport, and the plant passport in question in Z 3 of the Annex to Decision 2002/757/EC, as amended by the Decision 2007 /201/EC is fulfilled.

(7) The marketing of seed of

1.

Helianthus annuus L.,

2.

Lycopersicon lycopersicum (L.) Karsten ex Farw.,

3.

Phaseolus L.,

4.

Medicago sativa L.,

as well as for the planting of certain tubers of Solanum tuberosum L. by way of derogation from § 17 of the Plant Protection Act 2011, even if an official label is present in place of the plant passport on them, their packaging or the means of transport in accordance with the 1997 seed law, BGBl. I n ° 72, which confirms that the requirements of Section 11 of the Plant Protection Act 2011 and of Solanum tuberosum L. tubers intended for planting are also subject to the requirements of Section 12 of the Plant Protection Act. In any case, the Plant Protection Act 2011 has been complied with, and the seed label concerned has, in any case, the indication of "EC plant passport".

(8) The placing of plants in accordance with § 3 (9) is only permitted for the implementation of Decision 2006 /464/EC, in particular in order to safeguard its origin, by way of derogation from § 17 of the Plant Protection Act 2011, if they, their packaging or the Means of transport shall be affixed to a plant passport valid for the area in question, certifying that the plants shall be:

1.

have been uninterrupted or, since they were imported into the Community, at a place of production in a Member State where the occurrence of Dryocosmus kuriphilus Yasumatsu is not known, or

2.

without interruption or since they have been imported into the Community at a place of production in an area established by the national plant protection service in a Member State in accordance with the relevant international standards for phytosanitary measures as free from Dryocosmus kuriphilus Yasumatsu.

(9) The placing of plants in accordance with § 2 (2) (5) (5) is required for the implementation of Decision 2007 /365/EC as amended by Decision 2010 /467/EU, in particular to ensure its origin, by way of derogation from § 17 of the Plant Protection Act 2011 only then if a plant passport valid for the area in question is affixed to them, their packaging or to the means of transport, and the plant passport referred to in Z 2 of Annex 1 to Decision 2007 /365/EC, as amended by Decision 2010 /467/EU, is hereby approved. Conditions are met.

(10) The placing of plants in accordance with Article 2 (2) (6) (6) is only permitted for the implementation of Decision 2007 /410/EC, in particular in order to safeguard its origin, by way of derogation from § 17 of the Plant Protection Act 2011, if they, their packaging, or a plant passport valid for the territory in question is affixed to the means of transport and the conditions laid down in Z 2 of the Annex to Decision 2007 /410/EC have been met.

(11) The placing of plants in accordance with Article 2 (2) (7) (7) is only permitted for the implementation of Decision 2007 /433/EC, in particular in order to safeguard its origin, by way of derogation from § 17 of the Plant Protection Act 2011, if they, their packaging, or a plant passport valid for the territory in question is affixed to the means of transport and the conditions set out in Z II of Annex 1 to Decision 2007 /433/EC have been met.

(12) The movement of plants pursuant to § 2 (2) Z 8, originating in third countries or in demarsed areas, in accordance with Articles 2 and 5 of Decision 2008 /840/EC as amended by Decision 2010 /380/EU, is to implement Decision 2008 /840/EC in the wording of Decision 2010 /380/EU, in particular in order to ensure its origin, by way of derogation from Article 17 of the Plant Protection Act 2011, only if they, their packaging or the means of transport are valid for the territory concerned The plant passport is fixed and the one in Section II, Z 1 and 2 of Annex I of the Decision 2008 /840/EC.

Labelling of packaging wood

§ 9. (1) The labelling of packaging wood shall have one of the patterns referred to in Annex 4 However, only wood which has been drainy may be used. Debarking is the process in which bark is removed from roundwood, the wood not necessarily becoming completely bark-free; small pieces of bark may remain on the wood, but none of the pieces larger than 3 cm in the wood The width may be or, if one of the pieces is greater than 3 cm in width, but the total area shall be less than 50 square centimetres.

(2) The marking shall contain the following:

1.

the symbol protected by the FAO (Food and Agriculture Organisation of the United Nations) (in each case the left column of the figure in Annex 6, word picture mark with the word constituent "IPPC");

2.

the double-digit ISO country code (AT), followed by a number that can be assigned to the competent authority of the local competent authority for the producer or treatment of the packaging wood responsible for ensuring that the appropriate, properly marked wood , according to § 35 of the Plant Protection Act 2011 (in each case the right column of the figure in the Annex 4 ); this number must, in any case, be separated from the ISO country code by a hyphen and has to begin with a letter code for the respective Land, as a result of which paragraph 8 is to be included as a code of the plant protection area, and with to end a combination of digits identifying the respective operation;

3.

Abbreviation for the recognized measure applied in each case (in each case the right column of the picture in the Annex 4 ):

a)

HT (Heat treatment) for heat treatment,

b)

KD (Kiln-drying) for technical drying,

c)

CPI (Chemical pressure impregnation) for chemical pressure impregnation or

d)

MB (methyl bromides) for aeration with methyl bromide.

The left column is to be separated from the right column by a vertical single line.

(3) No other information may be included within the labelling. Producers or users may add control numbers or other information to identify certain lots outside the labelling, provided that it is ensured that they do not confuse, mislead or deceive. In no case shall the marking be carried out by hand.

(4) The marking

1.

has to be rectangular or square,

2.

shall be visible and legible and permanently and non-transferable for inspectors without any aid,

3.

shall be placed at a point which remains visible when used as a packaging wood, preferably on at least two opposite sides of the packaging wood to be marked, and

4.

must not be red or orange in the colours.

(5) The following definitions and requirements shall apply to the application of the measures referred to in paragraph 2 (2) (3):

1.

HT: heat treatment is the process in which a product is heated until it reaches a minimum temperature for a minimum period of time; it must be ensured that the use of a specific time-temperature scheme is used to ensure that the product is heated to a minimum temperature. the minimum core temperature of the packaging wood of 56ºC is achieved for at least 30 minutes;

2.

KD: Technical drying is the process in which wood is dried in a closed chamber under the influence of heat or moisture control;

3.

CPI: Chemical pressure impregnation is the process in which wood is treated with a chemical preservative under a specific pressure, using steam, hot water or dry heat;

4.

MB: a gas treatment is the treatment carried out in third countries where the treatment methods laid down in Annex 1 to the International Standards for Phytosanitary Measures No 15 (FAO, Rome, 2009) have been complied with.

(6) The measures referred to in paragraph 5 (2) (2) (KD) and paragraph 5 (3) (3) (CPI) may only be applied if, according to the state of science and technology, it is possible to ensure that the treatment result required for the measure referred to in paragraph 5 (1) (2) (HT) is achieved. In any case, the marking HT shall be affixed.

(7) Fixed packaging wood is a packaging wood which receives a maximum of one third of new components. In this case, the new constituents of the packaging wood must be individually labelled according to the treatment carried out.

(8) Recovered packaging wood is packaging wood which receives more than one third of new components. In this case, all previous markings are to be removed by grinding or coating with a covering color, and the packaging wood is to be completely re-labelled.

(9) The following shall be used for the labelling of stowage:

1.

Packaging timber intended for use as a stowage shall be marked along its entire length at very short intervals in order to ensure the presence of the label when cutting;

2.

Stowage wood, which has already been shown to be treated, must be subsequently marked by registered producers in a readily visible place. Wood, the nature of which, in particular due to too small dimensions, does not permit proper identification, must not be used as a stowage.

Treatment Confirmation

§ 10. For the confirmation of the implementation of the treatment of packaging wood in accordance with § 35 of the Plant Protection Act 2011, the form has been submitted in accordance with Annex 5 to use.

Login Form

§ 11. For the notification of the receipt of packaging material from wood originating in third countries pursuant to Article 10 (3) of the Plant Protection Act 2011, the form shall be submitted in accordance with Annex 7 to use. In any event, the form shall also be made available to the transport authorities concerned in electronic form.

Section 3

Protected areas

Recognition

§ 12. (1) For the recognition of an area as a protected area within the meaning of Directive 2000 /29/EC, the following conditions shall be met:

1.

official measures must be carried out in order to confirm that none of the harmful organisms listed in the Annexes to the Plant Protection Act 2011 are endemic or settled in the area which is recognised as a protected area for these organisms ,

2.

The measures pursuant to Z 1 shall be monitored by the Federal Minister for Agriculture, Forestry, Environment and Water Management, who shall be responsible for the operation of the official bodies pursuant to Section 3 (1) of the Plant Protection Act.

(2) The list of recognised phytosanitary protection areas within the Community is laid down in a Regulation of the European Community.

Investigations

§ 13. (1) The measures referred to in Article 12 (1) (1) (1) shall include:

1.

an examination of the biology of the harmful organism (s) concerned and of the agronomic conditions and the environment in the relevant area, taking into account appropriate analytical methods, including the study of the nutrient substrate, the to be carried out by cultures and, where appropriate, laboratory tests;

2.

regular and systematic studies on the occurrence of harmful organisms for which recognition of an area has been carried out as a protected area (designated or); this has to be done at an appropriate time, at least once a year;

3.

a system for the recording of the results of the investigation.

(2) The records of the investigation procedures, the implementation and the results of the investigations shall be made available to the experts in accordance with § 41 of the Plant Protection Act 2011.

(3) The investigation procedures and the conduct of investigations shall be communicated to the European Commission.

(4) In the conduct of the investigations referred to in paragraph 1, in the case of animal harmful organisms normally covered by forestry crops or plant products cultivated in the Free State, except for nematodes, the guidelines referred to in paragraph 14 shall be applied. consideration.

Guidelines for investigations

§ 14. (1) The investigation pursuant to Section 13 (4) shall be carried out in the area concerned.

(2) The investigation procedure shall be based on the recording of test surface data and shall include:

1.

the establishment of a systematic network of observation points covering the whole area of investigation;

2.

for each observation point, the recording of the number and the exact longitude and latitude, the topography information and, where appropriate, a description of the terrain. If necessary, further information shall be collected. The observation points can be marked and entered into a map.

(3) The following criteria shall be decisive for the assessment of an observation point:

1.

the area around the observation point shall be sufficiently large to allow a selection of this point;

2.

in general, the point of observation must be in this area in order to enable an appropriate investigation and assessment;

3.

in exceptional cases, other observation points may be selected, such as places where the risk of the introduction of harmful organisms into the area in question is particularly high.

(4) meteorological data, in particular precipitation and temperature values, as well as soil-related data shall be recorded if necessary. These data are preferably to be collected at the observation point. However, they can also be obtained at a nearby observation station, which regularly measures these variables. Special events (dryness, heavy rain, etc.) are also to be noted.

(5) The examination at the observation points shall have at least

1.

a representative number of plants or plant products,

2.

one or more host plants or host plant products mainly infested with the particular harmful organism and, where appropriate, other hosts, and

3.

a certificate at a time when the infestation should be strongest in order to determine whether there are symptoms or signs of infestation by the harmful organism or organisms concerned. In case of doubt, samples are to be examined in the laboratory.

(6) Where appropriate, traps which attract the harmful organisms in question shall be established at the observation points, and the type and number of traps and the methods of fishing shall be based on pest biology.

(7) Where appropriate, additional measures may be taken in order to comply with the conditions set out in § 12.

Section 4

Exceptions

Products of border regions

§ 15. The provisions of the Plant Protection Act 2011 on imports from third countries shall not apply to plants, plant products and other objects which, within the meaning of the customs legislation, are located in a third country in the immediate vicinity of the The customs territory of the Community is generated and freely transferred to the territory of the Federal Republic. The derogation shall not apply to plants, plant products and other products listed in Annex III of the Plant Protection Act 2011.

Small quantities

§ 16. (1) The provisions of the Plant Protection Act 2011, other than those relating to the placing of the plants, plant products and other objects listed in Annex V, Part B, Section II, into the respective protected areas, as well as § 9 of the Plant Protection Act Plant Protection Act 2011-shall not apply to small quantities of plants, plant products and other objects as referred to in paragraph 2, if they serve the use of the owner or consignee for non-commercial purposes or for consumption during in the case of transport, provided that there is no risk of spreading harmful organisms.

(2) Small quantities in accordance with paragraph 1 are (per person):

1.

Products originating in European countries and in the Mediterranean countries:

a)

Packed earth and packed culture substrate up to 80 litres;

b)

The plants and plant products referred to below, but not more than the number listed:

-

Carpentry plants and carpentry plants 3 pieces

-

Balcony plants and garden dams 10 pieces

-

Vegetable young plants 20 pieces

-

Trees and shrubs 3 pieces

-

Flower bulbs and flowered nodules 1 kg

-

Christmas trees (cut off) 1 piece

-

Reisig 1 Handbouquet

-

Reisigkränze, Gestecke 1 piece

-

Seeds of bean species 2 kg

-

Seeds of sunflowers 0.50 kg

-

Seeds of lucerne and maize 0.15 kg

-

Seeds of shallots, onions, leeks and chives 0.10 kg

-

Seeds of pepper, pepperoni and paradeiser (tomato) 0,01 kg;

2.

the following other goods:

-

Cut flowers 1 ostrich (excluding Cut flowers with Origin from Malaysia, Singapore or Thailand)

-

Fruit and vegetables 15 kg

-

Potatoes 10 kg.

Transfers to third countries

§ 17. (1) The provisions of the Plant Protection Act 2011 on imports from third countries, other than those relating to the introduction of the plants, plant products and other objects referred to in Annex V, Part B, Section II, into the relevant Protected areas-shall not apply to plants, plant products or other objects which are transferred from one place in the Community to another via the territory of a third country.

(2) Paragraph 1 shall apply only to consignments of plants, plant products and other objects which are brought into the territory of the Federal Republic under the customs closure in closed, undamaged envelopes or in sealed wagons.

Shipment through the Federal Republic of Germany

§ 18. (1) The provisions of the Plant Protection Act 2011 on imports from third countries, other than those relating to the introduction of the plants, plant products and other objects listed in Annex V, Part B, Section II, by the respective countries concerned Protected areas-as well as § 9 (1) of the Plant Protection Act do not apply to plants, plant products or other objects which are transferred to third countries via the Federal territory.

(2) Paragraph 1 shall apply only to consignments of plants, plant products and other objects which are brought into the territory of the Federal Republic under the customs closure in closed, undamaged envelopes or in sealed wagons.

Other exceptions

§ 19. (1) The Federal Office for Food Safety, in the case of forestry plants or plant products in accordance with the Annex of the Forest Act 1975, the Federal Office of Forest, has the import of plants, plant products and other objects from Third countries, on request, also by way of derogation from the provisions of the third paragraph and the 4. To approve Section of the Plant Protection Act 2011, if:

1.

they are subject to authorisation under the legislation of the European Union; or

2.

they are required for breeding purposes, for scientific research or for experimental purposes.

(2) The application for the grant of an import licence in accordance with paragraph 1 shall be submitted to the Federal Office for Food Safety, in the case of forestry plants or plant products in accordance with the Annex of the Forest Act 1975 to the Federal Office of Forests.

(3) The application shall contain:

1.

the name and address of the consignee;

2.

the name and address of the source of supply;

3.

the quantity and type (variety) of the plants, plant products and other objects to be obtained;

4.

the purpose and duration of the derogation;

5.

Addresses of quarantine stations and any storage locations;

6.

proposals for the proper disposal of the material;

7.

the planned entry;

8.

if necessary registration number (§ 14 para. 5 of the Plant Protection Act 2011).

(4) The Federal Office for Food Safety, in the case of forestry plants or plant products in accordance with the Annex of the Forest Act 1975, the Federal Office of Forest, has before the decision to obtain an opinion from an official expert on whether: the import or spread of harmful organisms is to be feared by the import.

(5) The authorization shall prescribe conditions and conditions which are likely to prevent the risk of the introduction or spread of harmful organisms.

Section 5

Other provisions and final provisions

Fees

§ 20. (1) For the activities of the competent authority, a fee shall be subject to the conditions laid down in the Annex 3 of this Regulation.

(2) Travel expenses incurred in connection with the activities of the respective competent authority shall be, in the case of federal staff, in accordance with the provisions of the Federal Government's travel charge, in other cases under the appropriate application. of the Federal Government's travel legislation. This provision shall not apply to the staff of those territorial authorities in cases where comparable charges are levied in accordance with the relevant legislation of the local authorities.

(3) The fee for activities of the Federal Office for Forests shall be governed by the provisions of Section 3 (6) BFWG, BGBl. I n ° 83/2004, the tariff adopted for the activities of the Federal Office for Food Security in accordance with the provisions of Section 6 (6) of the GESG, BGBl. I No 63/2002, adopted.

(4) Fees for other activities are to be offset in individual cases according to the expenses (personnel and material expenses) provided; these are cash expenses within the meaning of § 76 AVG, BGBl. No 51/1991.

(5) In the case of charges being charged, the final sum shall be rounded off or rounded up to a full 10 euro cents. For this purpose, amounts up to and including 4 euro cents shall be rounded up, amounts from 5 euro cents shall be rounded up.

(6) If fees are not paid without further notice, they shall be required to be informed. Fees charged for the activities of the Authority on the occasion of the enforcement of the 4. The section of the Plant Protection Act 2011 is to be raised, in any case, must be required to be informed.

(7) As far as activities are carried out within the framework of the indirect federal administration, a fee share of 80% remains with the official body which carried out these investigations; the remaining 20% is an intake of the Federal Office for Food Security. This allocation shall not apply to cash outlays within the meaning of Section 76 AVG.

(8) The provisions of the Fees Act 1957, BGBl. No 267, and the Federal Administrative Tax Regulation (1983), BGBl. No 24, remain untouched.

Annexes of the Plant Protection Act 2011

§ 21. Annexes I to V of the Plant Protection Act 2011 shall be determined:

1.

Annex I, Part A (harmful organisms, the introduction and spread of which is prohibited in or in the Member States): Annex I, Part A, of Directive 2000 /29/EC on measures for the protection of the Community against the introduction and spread of the disease of organisms harmful to plants or plant products (OJ L 327, 30.4.2004, p No. 1), as amended by Directive 2009 /7/EC amending Annexes I, II, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of harmful organisms harmful to the environment and the spread of harmful organisms Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 40 of 11.02.2009 (S 12);

2.

Annex I, Part B (harmful organisms, the introduction and spread of which is prohibited in certain protected areas):

Annex I, Part B, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2000, p. No. 1), as amended by Directive 2008 /64/EC amending Annexes I to IV to Directive 2000 /29/EC on measures for the protection of the Community against the introduction into the Community of organisms harmful to plants and their spread, and Plant products (OJ L 327, 22. No. OJ L 168, 28.6.2008, p.

3.

Annex II, Part A (harmful organisms, the introduction into and the spread of harmful organisms into or in the Member States where certain plants or plant products are infested):

Annex II, Part A, of Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2000, p. No. 1), as amended by Directive 2009 /7/EC amending Annexes I, II, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into and the spread of harmful organisms of the harmful organisms of the Community Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 40, 11.2.2009 (S 12);

4.

Annex II, Part B (harmful organisms, the introduction and spread of which is prohibited in certain protected areas (s) in the event of infestation of certain plants or plant products):

Annex II, Part B, of Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1) as amended by Directive 2010 /1/EC amending Annexes II, III and IV to Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants and harmful organisms, and Plant products (OJ L 327, 22. No. OJ L 7, 12.1.2010, p. 17);

5.

Annex III, Part A (plants, plant products and other products which have been banned in the Member States):

Annex III, Part A, of Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2000, p. No. 1), as amended by Directive 2004 /102/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of harmful organisms harmful to the environment and the spread of harmful organisms Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 309, 6.10.2004 (S);

6.

Annex III, Part B (plants, plant products and other products which have been banned in certain protected areas):

Annex III, Part B, of Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1) as amended by Directive 2010 /1/EC amending Annexes II, III and IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of harmful organisms harmful to the environment and the spread of harmful organisms Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 7, 12.1.2010, p. 17);

7.

Annex IV, Part A (special requirements for the movement of plants, plant products and other products to and within the Member States, to be submitted by all Member States):

Annex IV, Part A, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2000, p. No. 1) as amended by Directive 2009 /118/EC amending Annexes I to IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants and their spread within the Community and plant products (OJ No. OJ L 239, 10.9.2009 (S 51);

8.

Annex IV, Part B (special requirements for the movement of plants, plant products and other products into and within certain protected areas, to be submitted by all Member States):

Annex IV, Part B, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1) as amended by Directive 2010 /1/EC amending Annexes II, III and IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of harmful organisms harmful to the environment and the spread of harmful organisms Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 7, 12.1.2010, p. 17);

9.

Annex V (plants, plant products and other objects to be subjected to a health inspection before being transferred within the Community at the place of production if they originate in the Community or prior to authorisation Imports into the Community in the country of origin or desalinding country, if they originate from third countries):

a)

Part A (plants, plant products and other objects originating in the Community):

Annex V, Part A, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1) as amended by Directive 2009 /118/EC amending Annexes I to IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of harmful organisms harmful to plants and their spread and plant products (OJ No. OJ L 239, 10.9.2009 S 51;

b)

Part B (plants, plant products and other objects originating in areas other than those referred to in Part A):

Annex V, Part B, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1) as amended by Directive 2009 /118/EC amending Annexes I to IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of harmful organisms harmful to plants and their spread and plant products (OJ No. OJ L 239, 10.9.2009 (S 51).

References to Directives

§ 22. This Regulation implements the following Directives of the European Community:

1.

Directive 93 /50/EEC on the official registration of producers of certain non-Annex V part A to Directive 77 /93/EEC on protective measures against the introduction into the Community of organisms harmful to plants and harmful organisms, and Plant products (OJ L 327, 22. No. OJ No L 26, 31. Jänner 1977 S 20) of plants or of the collection and dispatch centres in the field of production (OJ L 327, 31.12.1977, p. No. OJ L 205 of 17 August 1993 (S 22) as regards § 2;

2.

Directive 98 /22/EC laying down minimum requirements for the implementation of plant health checks on plants, plant products or other objects imported from third countries to the Community at other inspection posts other than those of the Place of destination (OJ L 327 No. OJ L 126 of 28 April 1998 (S 26), as regards § 3;

3.

Directive 94 /3/EC laying down a procedure for the notification of the objection to a consignment or harmful organism originating in a third country and posing an imminent threat to plant health (OJ L 175, 5.7.1994, p. No. OJ L 32 of 5 February 1994 (S 37), as regards § 4;

4.

Directive 92/105/EEC on the limited standardization of plant passports to be used in the movement of certain plants, plant products or other objects within the Community, and laying down the procedure for their use Exhibition and the criteria and procedure relating to exchange passports (OJ C 327, 28.4.2002 No. L 4 of 8 Jänner 1993 S 22) with regard to § § 5 and 6;

5.

Directive 92/70/EEC laying down detailed rules on the studies required for the recognition of protected areas in the Community (OJ L 327, 30.12.1992, p. No. OJ L 250, 29 August 1992, p. 37) with regard to § § 7 to 9;

6.

Directive 94 /13/EC amending Directive 77 /93/EEC (OJ L 73, 27.3.1994, p. No. OJ L 92 of

9.

27) in respect of § § 10 to 13;

7.

Directive 95 /44/EC on the conditions under which certain plants, plant products and other objects, as defined in Annexes I to V of Directive 77 /93/EEC, are intended for experimental, research and breeding purposes into the Community or to the protection areas of which may be introduced or transferred to them and Directive 97 /46/EC amending Directive 95 /44/EC (OJ L 281, 23.6.1995, p. No. OJ L 184 of 3 August 1995; OJ L 184, 17.7.1995, p. No. OJ L 204 of 31 July 1997 (S 43) as regards § 15;

8.

Directive 92/76/EEC on the recognition of Community protected areas with special phytosanitary risks, and Directives 93 /106/EEC, 95 /40/EC, 95 /65/EC, 96 /15/EC, 96 /76/EC, 98 /17/EC, 98 /100/EC, 1999 /84/EC and 2000 /23/EC amending the Directive 92 /76/EEC No. OJ No L 305, 21. 1 October 1992 S 12, OJ C 327, No. OJ L 298 of 3 December 1993, OJ L 298, 8.12.1993, p. No. OJ L 182 of 2 August 1995, OJ L 182, 16.7.1995, p. No. OJ L 308 of 21 December 1995 S 75, OJ L 308, 12.12.1995. No. OJ L 70 of 20 March 1996, OJ L 327, 31.12.1996, p. No. OJ L 317 of 6 December 1996, OJ L 327, 31.12.1996, p. No. OJ L 85 of 20 March 1998, OJ L 327, 31.12.1998, p. No. OJ L 351 of 29 December 1998 S 35 and OJ L 327, 28.12.1998 No. OJ No L 273, 23. 11) as regards Annex 3;

9.

Directive 95 /41/EC amending Directive 77 /93/EEC (OJ L 80, 23.3.1997, p. No. L 182 of 2 August 1995 (S 17) as regards § 17;

10.

Directives 97 /14/EC and 1999 /53/EC amending Annex III to Directive 77 /93/EEC (OJ L 73, 14.3.1997, p. No. OJ L 87 of 2 April 1997; OJ L 87 of 2.4.1997; Bull. No. L 142 of 5 June 1999 (S 29) as regards § 17;

11.

Directives 95 /66/EC, 96 /14/EC, 96 /78/EC and 98 /1/EC amending certain Annexes to Directive 77 /93/EEC (OJ L 73, 14.3.1997, p. No. OJ L 308 of 21 December 1995, OJ L 77, 21.12.1995, p. No. OJ L 68 of 19 March 1996, OJ L 68 of 19.3.1996, p. No. OJ L 321 of 12 December 1996 S 20 and OJ L 327, 28.12.1996 No. L 15 of 21 Jänner 1998 S 26) as regards § 17;

12.

Directive 98 /2/EC amending Annex IV to Directive 77 /93/EEC (OJ L 73, 27.3.1998, p. No. L 15 of 21 1998 S 34) as regards Annex 5;

13.

Directive 2001 /32/EC on the recognition of vulnerable protected areas within the Community and repealing Directive 92 /76/EEC (OJ L 206, 22.7.2001, p. No. OJ L 127, 9 May 2001, p. 38);

14.

Directive 2001 /33/EC amending certain Annexes to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 197, 21.7.2001, p. No. OJ L 127, 9 May 2001, p. 42);

15.

Directive 2002/28/EC amending certain Annexes to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 201, 31.7.2000, p. 1). No. OJ L 77 of 20 March 2002 (S 23);

16.

Directive 2002/29/EC amending Directive 2001 /32/EC as regards certain protected areas of particularly endangered plant health within the Community (OJ L 201, 31.7.2002, p. No. OJ L 77 of 20 March 2002 (S 26);

17.

Directive 2002/36/EC amending certain Annexes to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2002, p. No. OJ L 116 of 3.05.2002 p. 16);

18.

Directive 2003 /21/EC amending Directive 2001 /32/EC as regards certain protected areas of particularly endangered plant health within the Community (OJ L 327, 28.12.2003, p. No. OJ L 78, 25 March 2003, p. 8);

19.

Directive 2003 /22/EC amending certain Annexes to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 327, 31.12.2003, p. No. OJ L 78, 25 March 2003, p. 10);

20.

Directive 2003 /46/EC amending Directive 2001 /32/EC as regards certain protected areas of particularly endangered plant health within the Community (OJ L 281, 23.6.2003, p. No. OJ L 138, 5.6.2003, p. 45);

21.

Directive 2003 /47/EC amending Annexes II, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 30.4.2003, p. No. OJ L 138, 5 June 2003, p. 47);

22.

Directive 2003 /116/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 22.11.2003, p. No. OJ L 321, 6.12.2003 p. 36);

23.

Directive 2004 /31/EC amending Annexes I, II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 22.12.2004, p. No. OJ L 85, 23.3.2004 p.18);

24.

Directive 2004 /32/EC amending Directive 2001 /32/EC as regards certain protected areas which are particularly vulnerable to plant health within the Community (OJ L 327, 30.4.2004, p. No. OJ L 85, 23.3.2004, p.24);

25.

Directive 2004 /70/EC amending Annexes I, II, III and IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 30.4.2004, p. No. OJ L 127, 29.4.2004 (S 97);

26.

Directive 2004 /102/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 30.4.2004, p. No. OJ L 309, 6.10.2004 (S);

27.

Directive 2004 /103/EC regulating the checks and health checks of plants, plant products and other objects listed in Annex V, Part B, of Council Directive 2000 /29/EC, in a place other than the place of the entry into the territory of the Community or at a nearby location (OJ L 327, 30.4.2004, p. No. OJ L 313, 12.10.2004 (S 16);

28.

Directive 2004 /105/EC laying down the patterns of official plant health certificates and phytosanitary certificates for re-exportation, which shall include the plants, plant products and other plants listed in Council Directive 2000 /29/EC (c) articles from third countries (OJ No L 327, No. OJ L 319, 20.10.2004 (S);

29.

Directive 2005 /15/EC amending Annex IV to Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 327, 30.4.2005, p. No. OJ L 56, 2.3.2005, p.12);

30.

Directive 2005 /16/EC amending Annexes I to V to Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 327, 30.4.2005, p. No. OJ L 57, 3.3.2005, p.

31.

Directive 2005 /17/EC amending certain provisions of Directive 92/105/EC as regards plant passports (OJ L 206, 22.7.2005, p. No. OJ L 57, 3.3.2005, p.

32.

Directive 2005 /18/EC amending Directive 2001 /32/EC as regards certain protected areas which are particularly vulnerable to the health of plants within the Community (OJ L 327, 30.4.2005, p. No. OJ L 57, 3.3.2005, p.

33.

Directive 2005 /77/EC amending Annex V to Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 327, 30.4.2005, p. No. OJ L 296, 12.11.2005, p.

34.

Directive 2006 /14/EC amending Annex IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 327, 30.4.2006, p. No. OJ L 34, 7.2.2006 (S 24);

35.

Directive 2006 /35/EC amending Annexes I to IV to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2006, p. No. OJ L 88, 25.3.2006, p.

36.

Directive 2006 /36/EC amending Directive 2001 /32/EC on the recognition, within the Community, of particularly endangered protected areas within the Community (OJ L 197, 21.7.2001, p. No. OJ L 88, 25.3.2006 (S 13);

37.

Directive 2007 /40/EC amending Directive 2001 /32/EC on the recognition of protected areas of particularly endangered nature within the Community (OJ L 103, 25.4.2007, p. No. (OJ L 169, 29.6.2007);

38.

Directive 2007 /41/EC amending Annexes I to IV to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2007, p. No. OJ L 169 of 29.6.2007, p.

39.

Directive 2008 /64/EC amending Annexes I to IV to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2008, p. No. OJ L 168, 28.6.2008, p.

40.

Directive 2008 /109/EC amending Annex IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2008, p. No. OJ L 319, 28.11.2008 S 68);

41.

Directive 2009 /7/EC amending Annexes I, II, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2009, p. No. OJ L 40, 11.2.2009 (S 12);

42.

Directive 2009 /118/EC amending Annexes II to V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 22.11.2009, p. No. OJ L 239, 10.9.2009 (S 51);

43.

Directive 2010 /1/EU amending Annexes II, III and IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2010, p. No. OJ L 7, 12.1.2010 (S 17).

Entry into force and expiry of provisions

§ 23. This Regulation shall enter into force with the day following the presentation. At the same time, according to Article 49 (3) (1) of the Plant Protection Act 2011, the Plant Protection Regulation, BGBl. No 253/1996, except for force.

Berlakovich