71. Federal Act amending the Health and Nutrition Security Act

The National Council has decided:

The Health and Nutrition Security Act-GESG, BGBl. I No 63/2002, as last amended by the Federal Law Gazette (BGBl). I n ° 111/2010, is amended as follows:

1. In accordance with Article 6a (1a), the following paragraph 1b is inserted:

" (1b) The Federal Office for Health Security has, if necessary, staff of the Agency to the district administrative authorities for operating reviews of pharmacies in connection with the re-remaining of medicinal products pursuant to § 69 (4) of the Pharmacies Operating Regulations 2005 as experts. "

Article 6a (5) reads as follows:

" (5) The Federal Office for Health and Safety (Bundesamt für Sicherheit im healthcare) has to use the funds available to the Agency as well as to use technically qualified control bodies in order to achieve the enforcement of the sovereign functions referred to in paragraph 1 above. and to issue them with a corresponding identity document and a service badmark for that purpose. The Federal Office for Safety in the Health Sector has to adopt more detailed rules on the form and design of the service badg by means of a regulation. This regulation is to be found on the Internet on the home page of the Federal Office for Health Security. "

(3) The following paragraph 5a is inserted in accordance with Article 6a (5):

" (5a) The Federal Office for Health Security has to adopt its rules of procedure for the proper performance of its tasks. In any case, it should be specified that the member appointed by the staff of the Federal Ministry of Health shall be chaired by the member of the staff of the Federal Ministry of Health, and that the arrangement of procedures conducting the proceedings and the issuing of certificates and certificates shall be determined. the certification of official documents for the purposes of the submission abroad shall be the responsibility of the procedural member of the Federal Office for Health and Safety in the Health Care Sector. "

4. § 6a (6), first sentence reads:

" For the activities of the Federal Office for Health and Safety, and for the activities of the Agency on the occasion of the enforcement of the laws referred to in paragraph 1, the regulations adopted pursuant to it, or the relevant acts of the Agency The European Union, the scientific advice referred to in paragraph 1a, the verifications referred to in paragraph 1b as well as the activities of the agency pursuant to § 8 para. 2 Z 13 to 16 are to be paid in accordance with a tariff (§ 57 AVG), which the Federal Office of Safety in the health sector according to the experience according to the average of this to fix costs. "

5. According to Article 6a (6), the following paragraphs (6a) and (6b) are inserted:

" (6a) fees for activities carried out on the occasion of an official control, except for those prescribed by Community law, shall not, however, apply where infringements of the provisions of the provisions of paragraph 1 of this Article are not applicable. are to be found in the federal laws. In the administrative criminal proceedings, the charges are to be imposed on the convicted person in addition to a administrative penalty; these fees are to be paid directly to the Federal Office.

(6b) The Federal Office for Safety in Health shall be responsible for the collection of fees payable by the pharmacies for the factual understanding referred to in paragraph 1 (b) of the German Federal Office for Health and Safety. "

6. § 6a the following paragraph 10 is added:

" (10) The Federal Office for Health Security has party status, including the power of appeal in proceedings which are carried out before the district administrative authorities or independent administrative senates in the countries, in the section 1 , to the extent that the Federal Office of Health and Safety (Bundesamt für Sicherheit im Healthcare) is responsible for the enforcement of these The modesty is to be delivered to the Federal Office for Health Security. The Federal Office for Health and Safety (Bundesamt für Sicherheit im Healthcare) is entitled to file a complaint to the administrative court. "

Fischer

Faymann