10. Federal Law, with which a Plant Protection Act 2011 and a Plant Protection Act 2011 are enacted (Agricultural Law Amendment Act 2010)

The National Council has decided:

table of contents

Article Subject
1	Plant Protection Products Act 2011
2	Plant Protection Act 2011

Article 1

Federal law on the transport of plant protection products and on the principles governing the use of plant protection products (Plant Protection Products Act 2011)

Content Summary

1. Section: General provisions

§ 1 Scope

§ 2 Full Education

§ 3 Conditions for placing on the market

§ 4 Register of plant and plant protection products

§ 5 Applications

§ 6 Authorisation of the Regulation

Section 2: Official control of plant protection products

§ 7 Powers and duties of the supervisory bodies

§ 8 sampling

§ 9 Measures

§ 10 Seizure

§ 11 Duties of business and business owners

§ 12 Imports

Section 3: Basic provisions

§ 13 Use of plant protection products

§ 14 National Action Plans and National Action Plan for Plant Protection Products

Section 4: Penal, final and transitional provisions

Section 15 Penal provisions

§ 16 Verfall

Section 17 Entry into force and repeal of legislation

Section 18 Transial and other provisions

§ 19 Enforcement clause

Section 1

General provisions

Scope

§ 1. (1) This Federal Act serves the purpose of:

1.		Implementation of Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market and repealing Council Directives 79 /117/EEC and 91 /414/EEC, OJ L 327, 31.12.2009, p. No. 1 ('Regulation (EC) No 1107/2009 '),
2.		Implementation of Directive 2009 /128/EC establishing a framework for Community action to ensure the sustainable use of pesticides, OJ L 327, 28.12.2009, p. No. OJ L 309, 24.11.2009 p. 71 (hereinafter 'Directive 2009 /128/EC').

(2) The definitions laid down in Regulation (EC) No 1107/2009 and in Directive 2009 /128/EC shall apply. This federal law applies to items subject to the scope of Regulation (EC) No 1107/2009, including their packaging, leaflets and advertising materials-hereinafter referred to as "objects".

Enforcement

§ 2. (1) The authority within the meaning of this Federal Law to carry out the tasks provided for in Regulation (EC) No 1107/2009 is, unless otherwise determined, the Federal Office for Food Security.

(2) Coordinating national authority within the meaning of Article 75 (2) of Regulation (EC) No 1107/2009 is the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

Conditions for placing on the market

§ 3. (1) Plant protection products and additives may only be stored or held in stock or placed on the market or advertised in any other way for the purpose of sale or other supply, provided that the provisions of this Regulation are Federal law, including the regulations based on it and the legislation of the European Union, will be complied with.

(2) plant protection products;

1.		which have been shown to meet the conditions laid down in Article 28 (2) (c) and (d) of Regulation (EC) No 1107/2009, or
2.		which are verifiably stored for disposal or return to the donor,
shall be identified without delay in such a way as to indicate clearly the intended purpose of the decision. The evidence shall be provided by documentation of the relevant documents, in particular as regards the origin and destination of the plant protection products.

(3) purchasers shall be entitled to return plant protection products which may no longer be placed on the market to the donor. The donor shall be obliged to withdraw free of charge, including its packaging, provided that the return is made in the original packaging without the addition of other substances or preparations, and the customer shall, at the request of the purchaser, inform the donor of his request. Identity has been proven.

Registers of operations and plant protection products

§ 4. (1) Anyone who intends to carry out an activity pursuant to section 3 (1) or other business activities in connection with the placing of plant protection products on the market has this prior to commencing the activity to the Federal Office for Safety of Proximity under Announcement of his registered office or establishment for the purpose of registration in the register of works to be carried out by the Federal Office for Food Security (Bundesamt für nutritional security). All storage and delivery points are to be announced with the message.

(2) Plant protection products authorised and approved shall be entered in the register of plant protection products to be used by the Federal Office for Food Security.

(3) An authorisation or authorisation shall be withdrawn if the authorisation holder or the marketing authorisation holder has given up his or her registered office or establishment in the European Union.

Applications

§ 5. (1) Applications within the meaning of Regulation (EC) No 1107/2009 shall be submitted to the Federal Office for Food Security in writing.

(2) The applicant shall have a seat or establishment in a Member State.

Authorisation

§ 6. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has been responsible for implementing Regulation (EC) No 1107/2009 and on the implementation of European Union legislation and on the protection of the health of humans and animals and the environment and the protection of consumers in the course of trade by means of a regulation, in particular by means of

1.		Supply, purchase and storage of plant protection products;
2.		Continuing and continuing training in connection with the introduction of a certification system, except in the scope of section 13 (1) (3);
3.		Registers of operations and plant protection products;
4.		Reporting requirements of the authorisation, approval and registration holders;
5.		plant protection products which are not directly subject to the scope of Regulation (EC) No 1107/2009;
6.		plant protection products which are placed on the market under a different name;
7.		Labeling.

Section 2

Official control of plant protection products

Powers and duties of the supervisory bodies

§ 7. (1) Monitoring of compliance with the provisions of this Federal Law is the responsibility of the Federal Office for Food Security.

(2) The Federal Office for Food Security has to serve as supervisory bodies in the monitoring activities of technically qualified persons. The supervisory bodies shall have a certificate of identity issued by the Federal Office for Food Security and shall be required to show them on request.

(3) The supervisory bodies are entitled, during normal business and operating hours-at other times in the event of danger in default-to investigate all relevant investigations for the control of compliance with the provisions of this Federal Law, to enter the relevant land, buildings and means of transport, as well as to take samples free of charge, to the extent necessary, and to all documents relevant to the control, in particular delivery notes and business records, To take a look.

(4) The supervisory bodies shall draw up a copy of each official act and shall issue a copy thereof to the holder of the business or the holder.

(5) In the event that the business or business owner or his deputy or his representative refuses to tolerate the official act, this may be enforced. In such cases, the bodies of the Public Security Service shall provide assistance to the supervisory authorities, at their request, in order to ensure the exercise of supervisory powers in the context of their legal action.

(6) Where the control relates to goods subject to customs supervision or to means of transport on which such goods are located, the control may be carried out only at a customs office or on the occasion of a customs office or on the occasion of a customs office. Customs duties shall be carried out at any time in customs warehouses or in a free zone of customs duty, while they are open for customs duties.

Sampling

§ 8. (1) The sample taken is to be divided into two approximately equal parts, in so far as it is of its nature, and as a result not its proper assessment in the examination and assessment is foiled. Part of the investigation must be carried out in order to leave a part of the business or farmer officially closed for the purposes of proof.

(2) If a division of the sample taken from its nature is not possible, the sample shall be supplied without prior division of the examination. If the same units of the plant protection product are still present, a unit shall be taken out and shall be officially closed to the business owner or farmer.

(3) The Federal Office for Food Security has to investigate and assess the samples. In doing so, other appropriate institutions, other institutions or persons skilled in the art may be used as experts. The samples shall be examined and examined whether they comply with the provisions of this Federal Law.

Measures

§ 9. (1) If there is a reasonable suspicion that the provisions of this Federal Law have not been complied with, the supervisory bodies may order the necessary measures to raise the defect, subject to a reasonable period of time to be set at the same time, as in particular

1.		the prohibition of placing on the market until the date of manufacture of the lawful condition and the release by the Federal Office for Food Security;
2.		the destruction of disposal or return to the donor;
3.		the return to the place of origin in the case of cross-border introduction;
4.		the recovery from the market, including up to the last buyer;
5.		information provided by the purchasers, with reference to the possible danger;
6.		the immediate reporting obligation on the implementation of the measures ordered by the Authority;
7.		the adaptation of labelling, packaging or promotional materials;
8.		the implementation of operational measures, in particular in the case of storage, documentation and self-control (including the submission of test certificates in duly substantiated cases);
9.		the provision of evidence within the meaning of section 3 (2);
10.		the destruction of advertising material;
11.		the revocation of advertising.

(2) The measures referred to in paragraph 1 shall be proportionate and shall not affect trade to a greater extent than in order to achieve the high level of protection of health and the environment existing in the European Union. It is necessary to take account of technical and economic feasibility and other factors which are worthy of consideration.

(3) The supervisory bodies shall be required to report to the district administration authority if:

1.		the provisions of this Federal Act shall not be complied with; or
2.		a measure ordered by the authorities for the collection of defects or other obligations under this Federal Act has not been complied with or has not been complied with within the time limit laid down.

(4) The supervisory bodies shall be able to disregard the advertisement if only

1.		slight defects, or
2.		the suspicion of a minor culpation is given.
They shall draw the attention of the person entitled to power to the illegality of his conduct.

(5) In any event, the person entitled to dispose shall bear the costs of the control and the random sampling and examination, provided that measures for the correction of the defect have been ordered in accordance with paragraph 1 or that the indication has been waited in accordance with paragraph 4 above. § 6 Section 6 of the Health and Nutrition Security Act-GESG, BGBl. I No 63/2002, remains unaffected.

Seizure

§ 10. (1) The supervisory bodies shall provisionally seize objects if the provisions of this Federal Act are not complied with or if an administrative measure for the correction of defects in accordance with § 9 is not or not within the time limit set has been done.

(2) The supervisory bodies shall immediately notify the provisional seizure of the district administrative authority.

(3) Within five weeks of the implementation of the provisional seizure and in the presence of the conditions laid down in paragraph 1, the district administrative authority shall order the seizure with a decision. Otherwise, the provisional seizure shall not enter into force. The right of appeal to the Independent Administrative Senate of that country in which the District Administrative Authority, which has issued the decision, has its registered office is against the seizure notification of the district administrative authority.

(4) The right of disposal of the goods provisionally confiscated shall first be granted to the Federal Office for Food Security (Bundesamt für Food Security), from the release of a seizure modest by the district administrative authority, which has issued the seizure notification.

(5) In the case of the provisional seizure, the Board of Supervisors and the seizure of seizure shall issue to the District Administrative Authority a certificate which has been authorized so far, in which the place of storage and the nature and quantity of the to indicate seized items.

(6) The provisionally seized or confiscated items shall be left in service. This does not apply if the proper storage is not guaranteed or if there is a risk of misuse when the objects are kept. Belated items shall be closed or marked in such a way as to ensure that their modification is not possible without a breach of the packaging or the marking. The person entitled to dispose of the goods so far has been informed by the Board of Supervisors or the District Administrative Authority in writing of the criminal-law consequences of the shipment or alteration of the confiscated property and of the infringement of the To draw attention to the seal of service.

(7) The maintenance of the objects in operation before damage is the responsibility of the person entitled to dispose of the goods. Where special measures are required for this purpose, the competent authority shall be notified of the competent authority beforehand, unless there is a risk of default. The measures shall be carried out in the presence of a supervisory body or of an institution of the district administrative authority. The institution shall include a record of the operation in which the measures taken, the possible removal of the service seal and its new affixing shall be recorded.

(8) If the temporarily seized or seized items cannot be left in the holding, the person previously entitled to dispose of the goods shall bear the transport, storage and disposal costs. The district administration authority shall be informed of the obligation to reimbursed expenses. An appeal against the communication does not have suspensive effect.

(9) During the provisional seizure and seizure, samples of the items may only be taken on behalf of the competent authority.

Duties of business and farmers

§ 11. (1) Holds of shops and establishments which are subject to the provisions of this Federal Law, as well as their deputiors or agents, shall immediately have the supervisory bodies

1.		disclose all places and means of transport, serve the activities of this Federal Law, and allow access to such places and means of transport, as well as the free removal of samples,
2.		to provide the assistance necessary for control and to provide the information necessary for control, in particular on the production, origin and disposal of plant protection products and their components, to the extent that: is possible and reasonable,
3.		to provide for inspection the relevant documents, in particular delivery notes and business records, for inspection, to grant access to electronic records, in particular the accounts, and to make copies or copies of copies in to make paper or electronic media available free of charge on request, or to return it within a reasonable period of time; and
4.		Make the inspection and sampling available to persons who are familiar with the operating conditions and to make available equipment.

(2) The business and business owners have in all relevant documents, in particular invoices, delivery notes, business records, anbots and orders lists, the plant protection products with the approved trade name and the Plant protection product register number.

For the purpose of traceability, the business and farmer shall keep the written records and records of suppliers and purchasers relevant to the control for a period of five years.

(4) The business and holder of the business shall comply with the obligations referred to in paragraph 1 on the usual business or operating hours, even during their absence by a responsible officer.

Import

§ 12. (1) Plant protection products of heading No 3808 of the combined nomenclature (Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff) of origin or origin in third countries may be introduced only if a confirmation by the Federal Office for Food Security is submitted to the customs office.

(2) A confirmation shall be issued upon request, if:

1.		on the basis of a test certificate to be submitted by the applicant, or on the basis of the examination by the Federal Office for Food Safety, that the plant protection product is authorised or authorised and that the plant protection product is authorised or approved by the the authorisation/authorisation holder is introduced; or
2.		the plant protection product is exclusively provided for
a)			for the purposes of Art. 28 (2) (a) to (c) of Regulation (EC) No 1107/2009,
b)			for examinations in test centres according to § 50 of the Chemicals Act 1996 or
c)			as a sample for procedures under this federal law.

(3) The application shall have the necessary information, such as the labelling, the nature and quantity of the plant protection product, the nature and quantity of each active substance and all other ingredients, including their dangerous properties; the extent of the trial areas, the relevant circumstances for the specified purposes, the relevant dangerous properties of the plant protection product, the specific risks arising therefrom, the behaviour information with regard to: the application and safety advice as well as the name (company) and address to include the person authorized to use it.

(4) A confirmation for the purposes of the customs procedure shall be issued on request further if the goods of heading No 3808 or in the case of goods of the Common Customs Tariff positions referred to in a Regulation adopted in accordance with Article 6 do not include: Plant protection products.

(5) The confirmation is valid for one year from the date of issue.

(6) The application shall be dismissed if the conditions for the issuing of the confirmation are not available.

(7) In the case of import clearance at the customs office, the confirmation shall constitute a required document for notification pursuant to Article 62 (2) of the Code and Article 218 (1) (d) of Commission Regulation (EEC) No 2454/93 (Customs Code Implementing Regulation).

(8) Confirmations which have become incorrect may no longer be submitted to customs offices.

Section 3

Basic provisions

Use of plant protection products

§ 13. (Policy determination) (1) The national legislation has measures to implement Directive 2009 /128/EC, with the exception of biocidal products according to the Biocidal Products Act, BGBl. No 105/2000, taking into account the general principles of integrated pest management, the principles of good plant protection practice and the application of the precautionary principle, in particular with regard to:

1.		Use of plant protection products and cleaning of plant protection equipment,
2.		restrictions or prohibitions on the use of plant protection products in relation to the risks associated with the use of plant protection products under certain conditions or in certain areas;
3.		Continuing and continuing training for professional users and advisers on the use of plant protection products in conjunction with the introduction of a certification system, including mutual recognition,
4.		information and awareness-raising among the general public, provided that it is not already provided for in other legislation;
5.		Control of plant protection equipment already in use in conjunction with the introduction of a certification scheme,
6.		reduction of the risks and the quantitative use of plant protection products;
7.		the development and introduction of integrated pest management and alternative methods or procedures; and
8.		Indicators to monitor the use of plant protection products.

(2) Land legislation has to be provided for the preparation of reports and to be forwarded to the Federal Ministry for Agriculture, Forestry, the Environment and Water Management, with a view to:

1.		the implementation of the control measures referred to in Article 8 of Directive 2009 /128/EC,
2.		integrated plant protection in accordance with Art. 14 of Directive 2009 /128/EC,
3.		the results of evaluations referred to in Article 15 of Directive 2009 /128/EC and
4.		the control of the use of plant protection products in accordance with Article 68, first subparagraph, of Regulation (EC) No 1107/2009 to 31 May after the end of the year to which the report relates.

(3) The Land legislation must provide that only the products registered in the plant protection product register may be used, taking into account the period of application and the second paragraph of Article 3 (2). Use shall include the use, application and delivery, as well as the use, storage, storage, and intra-farm use of plant protection products for the purposes of the application.

(4) The national legislation has to penalise the transgressions of the rules laid down in the Land implementing laws.

National action plans and national action plan for plant protection products

§ 14. (Policy determination) (1) For the purposes of drawing up and summarization of a national national action plan, plant protection products and their amendments, the national legislation has to comply with the requirements laid down in Article 4 of Directive 2009 /128/EC and in the light of the § § 2 (2) provide for the creation and, where appropriate, the changes to the national action plans in which the risks and effects of the use of plant protection products on human health and the environment of the use of plant protection products are reduced. the existing state and the measures already introduced and implemented is collected and documented and targets are set by means of timetables. The National Action Plans also have to describe the implementation of the measures referred to in § 13 (1).

(2) The Land legislation must provide that the Land Action Plans referred to in paragraph 1, namely for the first time by 30 April 2012, shall be forwarded to the Federal Ministry for Agriculture, Forestry, the Environment and Water Management.

(3) Land legislation must be provided to ensure that national action plans must be reviewed and updated at least every five years, and that the provisions on public participation in the preparation or modification of the national action plans pursuant to Article 2 of Directive 2003 /35/EC relating to public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending Council Directives 85 /337/EEC and 96 /61/EC as regards the Public participation, OJ No. OJ L 156, 25.6.2003, p.

Section 4

Penal, final and transitional provisions

Criminal provisions

§ 15. (1) If the action does not constitute a criminal offence within the jurisdiction of the courts or is threatened with a more stringent penalty under other administrative provisions, an administrative surrender shall be carried out and shall be subject to the following conditions: District managing authority to punish

1.		with a fine of up to € 15,000, in the event of a repetition of up to € 30 000, who
a)			Activities contrary to § 3 (1) or (2) or § 4 (1),
b)			Placing the active substance on the market in accordance with Articles 4, 6, 22, 24 or 80 of Regulation (EC) No 1107/2009,
c)			Placing the basic substance on the market in accordance with Article 23 of Regulation (EC) No 1107/2009,
d)			Placing safeners and synergists on the market in accordance with Article 25 of Regulation (EC) No 1107/2009,
e)			Placing the product on the market in accordance with Articles 28, 29, 30, 31, 32, 40, 41 or 80 of Regulation (EC) No 1107/2009,
f)			Placing the product on the market in accordance with Articles 46, 47, 48, 51, 52 or 53 of Regulation (EC) No 1107/2009,
g)			Tests contrary to Article 54 of Regulation (EC) No 1107/2009,
h)			Placing additives on the market in accordance with Articles 58 or 64 of Regulation (EC) No 1107/2009,
i)			Placing plant protection products on the market, contrary to Articles 64 or 65 of Regulation (EC) No 1107/2009,
j)			emergency measures pursuant to Articles 69, 70 and 71 of Regulation (EC) No 1107/2009 and the regulations based on them do not apply,
k)			Placing the additives on the market in accordance with Annex III to Regulation (EC) No 1107/2009,
l)			as a business or farmer, or as its deputy or representative, the obligations laid down in § 11 do not comply,
m)			to introduce plant protection products against § 12,
2.		with a fine of up to € 7 500, in the event of a repetition of up to € 15 000, who
a)			the reporting obligations pursuant to Article 56 of Regulation (EC) No 1107/2009 are not or are not complied with in good time
b)			, which does not comply with Article 66 of Regulation (EC) No 1107/2009,
c)			does not keep records corresponding to Article 67 of Regulation (EC) No 1107/2009,
d)			an obligation pursuant to Article 68 of Regulation (EC) No 1107/2009 or a Regulation based thereon shall not, or not be, in good time
e)			a requirement laid down in the Regulation adopted pursuant to Article 6 of this Regulation does not comply with or does not comply with the
f)			a measure pursuant to § 9 does not comply or does not comply in good time;
g)			the obligation to notify according to § 18 (4) does not apply or does not comply in good time ..

(2) The time limit for the period of limitation of persecution shall be one year.

(3) The experiment shall be punishable.

(4) The Federal Office for Food Security has party status, including the power of appeal in proceedings under this Federal Act, which are carried out before the district administrative authorities or independent administrative senates in the countries. The Federal Office of Food Security is to be granted the modesty. The Federal Office of Food Security has the right to appeal to the Administrative Court of Justice.

(5) The role of the independent administrative authorities in the countries shall be notified to the Governor of the State. The Landeshauptmann is entitled to the appeal of the complaint to the Administrative Court.

Verfall

§ 16. (1) The district administrative authority shall declare objects seized by it irrespective of the prosecution or conviction of a particular person if the person concerned does not ensure, by means of demonstrable measures, that the person concerned has been subject to the following conditions: Release of the goods is taken into account in the provisions of this Federal Act.

(2) The decay shall not be pronounced if the value of the objects is disproportionate to the meaning of the act or to the accusation of the offender and, with the release of the objects, there is no danger to the health of humans or animals or the environment.

(3) The objects that have been lost are to be used in the best possible way or, insofar as this is not possible, to be eliminated at the expense of the former owner without any damage. After deduction of the costs of transport, storage and recovery, the proceeds resulting from the utilization of the proceeds shall be followed by the former owner of the items.

Entry into force and repeal of legislation

§ 17. (1) This federal law, with the exception of § 13 and § 14, shall enter into force on 14 June 2011. With the entry into force of this Federal Act, the Plant Protection Products Act 1997-PMG 1997, BGBl. I n ° 60/1997, as last amended by the Federal Law BGBl. I No 86/2009, except for force.

(2) (Policy determination) With the presentation of this Federal Act, Section 3a of the Plant Protection Act, BGBl, enters into force. I n ° 140/1999, as amended by the Federal Law BGBl. I No 87/2005, except for force.

(3) With the entry into force of this Federal Act, there shall be no force

1.		Plant protection products-Import Regulation, BGBl. No 372/1991,
2.		Equality Regulation Federal Republic of Germany, BGBl. II No 109/1998,
3.		Equality Regulation Kingdom of the Netherlands, BGBl. II No 52/2002,
4.		Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the prohibition of plant protection products containing certain active substances, BGBl. II No 308/2002, as amended by the BGBl Regulation. II No 128/2004,
5.		Plant protection product prices 2003-PGT 2003, BGBl. II No 332/2003.

Transitional and other provisions

§ 18. (1) Plant protection products registered with the entry into force of this Federal Act in the Plant Protection Products Register pursuant to § 22 PMG 1997 are authorised or authorised plant protection products within the meaning of this Federal Law.

(2) The register of plant protection products according to § 22 PMG 1997 shall be continued as a register of plant protection products in accordance with Section 4 (2) of this Federal Law. The numbers under which the plant protection products referred to in paragraph 1 are registered in the plant protection product register in accordance with § 22 PMG 1997 are plant protection product register numbers according to this Federal Act.

(3) In a regulation according to § 6, further transitional measures may be established for procedures concerning plant protection products already authorised before 14 June 2011 and pending procedures before 14 June 2011.

(4) Anyone who has already exercised an activity pursuant to Section 3 (1) before 14 June 2011 shall be required to comply with § 4 (1) within six months from that date.

(5) Recognition as test facilities for the examination of the efficacy and phytotoxicity according to § 5 of the PMG 1997 remain valid until the expiration of the granted recognition.

(6) For activities of the Federal Office for Food Security in the context of the enforcement of this federal law, a fee is payable in accordance with § 6 para. 6 GESG.

(7) References in this Federal Act to other legislation are to be understood as a reference to the version in force in each case.

(8) As far as designations relating to natural persons are cited in this federal law only in male form, they relate to women and men in the same way. In applying the designation of certain natural persons, the gender-specific form must be used in each case.

(9) Personal data within the meaning of the Data Protection Act 2000, which have been determined in accordance with this Federal Act or in the case of the business administration of the private business administration pursuant to this Federal Act, shall be transferred to the institutions of the Federal Republic of Germany. To the extent that such data constitute an essential condition for the consignee to carry out the tasks assigned to him by law, in the case of the Federal Government and the Länder.

Enforcement clause

§ 19. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be responsible for the enforcement of this Federal Act, unless the following paragraphs determine otherwise.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible for the enforcement of Section 7 (5) in agreement with the Federal Minister for the Interior.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible for the enforcement of Section 7 (6), in agreement with the Federal Minister for Finance.

(4) The Federal Minister of Finance is responsible for the enforcement of Section 12 (1) and (7).

(5) The Federal Minister of Agriculture, Forestry, the Environment and Water Management is responsible for the exercise of the rights of the Federal Government in accordance with Article 15 (8) of the Federal Constitutional Law.

Article 2

Federal law on measures to protect against the movement of organisms harmful to plants and plant products, as well as principles for the protection of plants against diseases and pests (Plant Protection Act 2011)

Content Summary

1. Section: General provisions

§ 1 Scope

§ 2 Definitions

§ 3 Official posts

§ 4 Protection Area

§ 5 Control bodies

§ 6 Annexes

Section 2: General prohibitions and restrictions

§ 7 harmful organisms

§ 8 Planned plants and plant products

Section 9 Shipment of certain plants and plant products

§ 10 Special requirements

3. Section: Bringing within the Union

Section 11 General requirements

§ 12 Requirements for protected areas

§ 13 Official investigation

§ 14 Official Directory

Section 15 Duties of establishments

Section 16 Rules of origin and provisional safeguard measures

§ 17 Plant passport

§ 18 Authorization

Section 19 Official measures

§ 20 Monitoring

Section 21 Special cases of surveillance in the common market

Section 22 Understanding of the consignor Member State

Section 4: Imports from third countries

Section 23 General requirements

Section 24 Specific shipments

Section 25 Plant health certificate and phytosanitary certificate for re-export

§ 26 Admissions

Section 27 Duties of the importer

Section 28 Official control

Section 29 forwarding of consignments

Section 30 Official measures

Section 31 Import ban

Section 32 Participation of customs authorities

Section 33 Release

Section 5: Exports to third countries

Section 34 General requirements

Section 35 Requirements for exports of packaging wood

6. Section: enforcement of legislation

Section 36 Criminal provisions and security measures

§ 37 Enforcement

Section 7: Other provisions

§ 38 Fees

Section 39 Notifications to the Commission

§ 40 occurrence of harmful organisms and provisional safeguard measures

Section 41 Experts from the Commission

8. Section: Further basic provisions

Section 42 Plant protection measures

Section 43 Costing

§ 44 Basic provisions concerning data transfer, criminal provisions, setting a deadline for the release of implementing provisions and the exercise of the rights of the federal government

9. Section: Final provisions

Section 45 Exceptions

Section 46 Jurisdiction

§ 47 Applicability of the provisions of other legislation

Section 48 Reference to Directives

Section 49 Entry into force and repeal of legislation

§ 50 Enforcement Clause

Section 1

General provisions

Scope

§ 1. (1) This federal law relates to measures to protect against the movement of organisms harmful to plants or plant products.

(2) This federal law shall, unless expressly specified otherwise, be applied to wood only if it has retained the natural rounding of its surface, with or without bark, in whole or in part, or if it is a platelet, Shavings, sawdust, wood waste or wood scrap.

(3) This federal law shall apply to wood, without prejudice to the provisions of Annex V and irrespective of whether the conditions set out in paragraph 2 are fulfilled, even if it is used in the transport of objects of all kinds in the form of a material, Staple wood, pallets or packaging material is used, provided that it poses a risk to plant health.

(4) (Policy determination) Pursuant to Article 12 (1) (4) of the Federal Constitutional Law, this federal law provides principles for the regulation of the protection of plants from diseases and pests exclusively within the federal territory.

(5) (Policy determination) This federal law does not apply to the 1975 Forestry Act, BGBl. No 440, as last amended by the Federal Law BGBl. I No 55/2007, on the protection of plants. However, by way of derogation, the obligations under this Federal Act shall also apply to ground areas to which the provisions of the Forestry Act apply if these are directly applied to agricultural or gardened land. and this is in the interests of plant protection.

(6) (Policy determination) Furthermore, this federal law does not affect the protection against damage to plants by animals that can be hunted.

Definitions

§ 2. In the sense of this federal law:

1.		Plants: live plants and specified live parts of plants including seeds. Seeds in the botanical sense other than those which are not intended for planting are considered to be seeds. As living parts of plants also apply:
a)			Fruits in the botanical sense and vegetables, in each case provided that they are not preserved by deep-freezing,
b)			Tubers, corm, onions, rhizome,
c)			cut flowers,
d)			branches and fake trees, each with leaves or needles,
e)			Leaves, foliage,
f)			plant-based tissue cultures,
g)			Pollination-capable pollen,
h)			Precious wood, cuttings, plug-free.
2.		plant products: products of plant origin, unprocessed or processed by simple processes, in so far as they are not plants;
3.		Harmful organisms: all species, strains or biotypes of plants, animals or pathogens which may damage plants or plant products;
4.		Plant passport: document proving compliance with the plant health requirements of this federal law;
5.		Planting: any measure of the introduction or application of plants to ensure their subsequent growth or subsequent reproduction/reproduction;
6.		plants intended for planting:
a)			plants already planted which are to be planted or replanted after they have been transplanted, or
b)			in the case of plants which have not yet been planted, but which are to be planted after that;
7.		Holdings: all producers, collection centres, dispatch centres, other natural and legal persons, as well as associations of persons and importer, to be held in the official register in accordance with Article 14 (1);
8.		Member States: Member States of the European Union, with the exception of the French overseas departments, the Canary Islands, Ceuta and Melilla;
9.		Third countries: countries that are not Member States of the European Union;
10.		Commission: the European Commission;
11.		Place of entry: the place where plants, plant products or other objects are first imported into the customs territory of the Union, that is to say, the airport used for air transport, the port of dock at sea or river transport, the first the railway station in the case of rail transport and the place where the customs office responsible for the territory of the Union in question, where the Union border is crossed, is established in the case of other transport operations;
12.		the official office of the place of entry: the official body in a Member State responsible for the official control referred to in Article 13 (1) of Directive 2000 /29/EC;
13.		customs office at the point of entry: the customs office at the place of entry in a Member State;
14.		the place of destination: the place which has been approved by the competent official body in a Member State; this may be either the seat of the official body according to Z 15 or the registered office of the importer in accordance with Section 14 (1) Z 4;
15.		the official body at the place of destination: the official body responsible for the territory in which the customs office of destination is situated in a Member State for the official control referred to in Article 13 (1) of Directive 2000 /29/EC;
16.		' customs office of destination ' means the customs office of destination within the meaning of Article 340 (b) (3) of Regulation (EEC) No 2454/93;
17.		customs-approved provisions: the customs-approved provisions referred to in Article 4 (15) of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code;
18.		Dispatch: the movement of goods subject to customs supervision between two places situated within the customs territory of the Union, in accordance with Article 91 of Council Regulation (EEC) No 2913/92 establishing the Customs Code of Communities;
19.		Customs territory of the Union: territory of the European Union as defined in Article 3 of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code;
20.		Lot: a set of units of the same type of goods, which is identifiable by homogeneity, in particular in terms of composition or origin, and which is part of a consignment;
21.		Consignment: a quantity of goods which are covered by a single document, such as a single plant health certificate or other document or mark, in respect of customs formalities or other formalities; a Consignment may consist of one or more lots;
22.		Exporter: natural or legal person carrying out plants, plant products or other objects in third countries.

Official bodies

§ 3. (1) Official bodies within the meaning of this Federal Law are:

1.		at national level: the Federal Minister for Agriculture, Forestry, the Environment and Water Management ("Central Authority") and the Federal Office and Research Centre for Forests and the Federal Office for Food Security;
2.		at regional level: the governor responsible for the implementation of procedures, including the release of charges-if this is in the interests of convenience, laziness, simplicity and cost savings-the subordinated authorities may authorize;
3.		legal persons, provided that the official bodies referred to in Z 1 or Z 2 have delegated tasks, including laboratory examinations, in accordance with the provisions of this Federal Law which are to be fulfilled under their supervision and supervision, and these persons and their Members do not have a personal interest in the outcome of the measures they have taken. Such tasks may be entrusted only if the official body, as described in Z 1 or Z 2, ensures for the entire period of transmission that the legal person who carries out tasks can ensure that:
a)			it is impartial,
b)			it meets the quality requirements and the protection of confidential information; and
c)			there is no conflict of interest between the exercise of the tasks assigned to it and its other activities.

(2) The transmission of data collected in the enforcement of this Federal Act, in particular in accordance with Articles 13 to 15, 18 to 21 and 28, between the individual official bodies shall be permitted only if this

1.		for compliance with Union or international obligations, or
2.		For reasons of overriding public interest in the conservation of plant health
is required.

(3) (Policy determination) National legislation must provide that the competent authorities shall carry out, under their supervision and control, the tasks of the management of plant protection, including laboratory tests, to legal persons of public or private law. , provided that such persons and their members do not have a personal interest in the outcome of the measures taken by them. Such tasks may be delegated only if the competent authority ensures, for the whole period of the transfer, that the legal person who carries out tasks can ensure that:

1.		it is impartial,
2.		it meets the quality requirements and the protection of confidential information; and
3.		there is no conflict of interest between the exercise of the tasks assigned to it and its other activities.

(4) (Policy determination) The official bodies and the authorities responsible for the enforcement of the national laws implementing the basic provisions of this Federal Law (Plant Protection Services of the Länder) form in their entirety the Official Austrian Authorities. Plant protection service.

Protection area

§ 4. (1) A protected area is an area situated in the European Union, in which:

1.		one or more harmful organisms listed in this Federal Law, which are located in one or more parts of the European Union, are neither endemic nor settled despite favourable living conditions, or
2.		there is a risk of the settlement of certain harmful organisms on the basis of favourable ecological conditions for individual crops, even though these harmful organisms are neither endemic nor settled in the European Union,
and this is due to appropriate investigations (para. 3) has been recognised as a protected area within the meaning of Directive 2000 /29/EC. The investigations are optional with regard to a protected area according to Z 2.

(2) A harmful organism shall be considered to be located in an area where it is known to occur there and either no official measures have been taken for its eradication or such measures have been shown to be ineffective for at least two years .

(3) systematic official investigations into the occurrence of harmful organisms in respect of which recognition has been carried out as a protected area shall be carried out on a regular basis in a protected area referred to in paragraph 1 (1) (1).

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular with regard to the implementation of European Union legislation, by Regulation

1.		the territories of the European Union which are recognised as protected areas in respect of certain harmful organisms; and
2.		the requirements for the investigations referred to in paragraph 3
.

Control bodies

§ 5. (1) A determination or measure shall be deemed to be official if it has been taken by an official body. The official bodies are to be used for technically appropriate control bodies.

(2) Control bodies shall be:

1.		Representatives of the official bodies pursuant to Article 3 (1) (1) and (2),
2.		(a) public servants or
b)			"qualified staff" used in accordance with Article 3 (1) (3) (3) (3),
provided that these staff do not have a personal interest in the outcome of the measures they have taken and possess the qualifications required for the proper application of this Federal Law.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular with regard to the implementation of European Union legislation, has, by means of a regulation, minimum requirements for the professional competence of the control bodies, as well as To define requirements for their training and further education.

(4) The control bodies must carry out an identity card which proves that they belong to the official plant protection service.

(5) The control bodies shall be entitled, at any stage of production and marketing during the business and operating hours, at other times in the event of danger in default-all for the control of compliance with the provisions of this Federal Law to carry out relevant investigations, including with regard to the plant passport system and the accounts, to enter the relevant land, buildings and means of transport, as well as for free samples of all plants to be tested, Plant products and other objects, including their packaging, in the Take the necessary measures to determine the extent of sampling. On the occasion of sampling, a copy shall be produced by the control body and the sample drawn for the examination and evaluation shall be annexed. A copy of the minutes shall be followed up to the holding. If the business or business owner or his deputy or his representative refuses to tolerate the act of office, he or she may be forced to do so. In such cases, the bodies of the public security service shall provide assistance to the control bodies, at their request, to ensure the exercise of the supervisory powers within the framework of their legal action.

Annexes

§ 6. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, as far as this is needed for the implementation of European Union legislation, for the protection of plants against the application of harmful organisms of plants and In order to ensure the free movement of goods in the common market, it is necessary to lay down, by means of a regulation, the Annexes to this Federal Act as follows:

1.		harmful organisms, the introduction and spread of which is prohibited in or in the Member States (Annex I, Part A);
2.		harmful organisms, the introduction and spread of which is prohibited in certain protected areas (Annex I, Part B);
3.		harmful organisms, the introduction and spread of which is prohibited in the Member States or in the Member States in the event of the infestation of certain plants or plant products (Annex II, Part A);
4.		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);
5.		plants, plant products and other products for which the movement is prohibited in the Member States (Annex III, Part A);
6.		plants, plant products and other products for which the movement is prohibited in certain protected areas (Annex III, Part B);
7.		specific requirements to be met by all Member States for the movement of plants, plant products and other products into and within Member States (Annex IV, Part A);
8.		specific requirements to be met by all Member States for the movement of plants, plant products and other products into and within certain protected areas (Annex IV, Part B);
9.		Plants, plant products and other objects to be subjected to a health check, before being transferred within the Union at the place of production if they originate from the Union, or before being authorised for import into the Union in the Country of origin or dispatch where they originate from third countries, in part A for plants, plant products and other objects originating in the Union and in part B for plants, plant products and other objects, with Origin in areas other than those referred to in Part A (Annex V).

Section 2

General prohibitions and restrictions

Harmful organisms

§ 7. (1) The placing of the harmful organisms listed in Annex I, Part A, shall be prohibited.

(2) The placing of the harmful organisms referred to in Annex I, Part B, into or in the respective protected areas shall be prohibited.

Infested plants and plant denials

§ 8. (1) The movement of plants and plant products which are covered by one of the harmful organisms listed in Annex II, Part A, with respect to them shall be prohibited.

(2) The movement into or in the protected areas of plants and plant products covered by one of the harmful organisms listed in Annex II, Part B, with respect to them, shall be prohibited.

Shipments of certain plants and

Plant products

§ 9. (1) The placing of the plants and plant products listed in Annex III, Part A, shall be prohibited in so far as they have their origin in the countries referred to in this part of this Annex.

(2) The placing of the plants and plant products listed in Annex III, Part B, into the respective protected areas shall be prohibited in so far as they have their origin in the countries referred to in this part of this Annex.

Special requirements

§ 10. (1) The placing of the plants and plant products listed in Annex IV, Part A, shall be permitted only if they comply with the specific requirements referred to in this part of this Annex with respect to them.

(2) The placing of the plants and plant products listed in Annex IV, Part B, into or in the respective protected areas shall be permitted only if they meet the specific requirements referred to in this part of this Annex with regard to them: .

(3) Natural or legal persons who, in addition to Switzerland, in the form of waste materials, staple wood, pallets or packaging materials, other than Switzerland, in accordance with Annex IV, Part A, Section I, which are actually involved in the transport of Objects of all kinds are used and sent to Austria, are obliged to report to the Federal Office of Forests. The notification shall be made once immediately after the first reception of the mentioned wood. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to lay down details of the content of the notification by Regulation. The Bundesamt für Wald (Federal Office of the Forest) has the power to check the natural or legal persons mentioned above, the frequency of control being in relation to the phytosanitary risk associated with the movement.

Section 3

Spending within the Union

General requirements

§ 11. The use of plants, plant products and other objects referred to in Annex V, Part A, shall be permitted only if they, their packaging materials and, if necessary, their means of transport as a whole or by removal characteristic samples have been officially examined. The investigation must ensure that:

1.		that they are not affected by the harmful organisms listed in Annex I, Part A;
2.		that, in so far as the plants and plant products listed in Part A of Annex II are concerned, they are not affected by the harmful organisms referred to in this part of this Annex;
3.		that, in so far as the plants, plant products and other objects listed in Annex IV, Part A, Section II are concerned, they comply with the specific requirements referred to in this part of this Annex.

Requirements for protected areas

§ 12. (1) The placing of the plants, plant products and other objects referred to in Annex V, Part A, Section II, into or in the respective protected areas shall be permitted, subject to the provisions of paragraphs 3 to 5, only if they, Packaging material and, if necessary, its transport means as a whole or by sampling of characteristic samples. The investigation must ensure that:

1.		that they are not affected by the harmful organisms listed in Annex I, Part B;
2.		that, in so far as the plants and plant products listed in Annex II, Part B are concerned, they are not affected by the harmful organisms referred to in this part of this Annex,
3.		that, in so far as the plants, plant products and other objects listed in Annex IV, Part B are concerned, they comply with the specific requirements referred to in this part of this Annex.

(2) The application of paragraph 1 shall not apply to the movement of plants, plant products and other objects outside a protected area.

(3) The placing of the plants, plant products and other objects referred to in Annex V, Part A, Section II of the Plant Protection Act, originating outside one of them in relation to one or more harmful organisms Protection area by means of such an area with final destination outside the area is not permitted without the plant passport valid for this area only if the following conditions are met:

1.		the packaging used and the vehicle used for the carriage must be clean, free from the harmful organisms concerned and must be such that there is no risk of the spread of harmful organisms;
2.		immediately after the packaging operation, the packaging and the transport vehicle shall be secured in accordance with recognised rules of plant protection and under supervision in such a way that, during transport by the protected area concerned, there is no risk of spreading of harmful organisms, and the nemality is preserved;
3.		the plants, plant products and other objects referred to in paragraph 1 shall be accompanied by the usual commercial documents, with the indication that their place of origin and destination is outside the protected area concerned.

(4) Where an official examination in the protected area concerned finds that the conditions laid down in paragraph 3 are not met, it shall be immediately applicable, depending on the situation and without prejudice to the measures which are appropriate, where the plants, Plant products or other objects do not meet the requirements laid down in the Plant Protection Act, the following official measures are taken:

1.		Sealing of the packaging;
2.		Transport of plants, plant products and other objects under official supervision to a destination outside the protected area concerned.

(5) For the placing of the plants, plant products and other objects listed in Annex V, Part A, Section II of the Plant Protection Act, originating in and within one of them in relation to one or more harmful organisms The protected area is not required to carry out an official examination (§ 13 para. 1) as long as the conditions for recognition are given as a protected area.

Official investigation

§ 13. (1) The official examinations in accordance with § 11 and § 12 shall be carried out in the establishments in accordance with the following provisions:

1.		they shall have the relevant plants, plant products and other objects which are grown, produced or used or otherwise exist in operation, as well as the nutrient substrate used in the process;
2.		they must be carried out in operation and, preferably, at the place of production;
3.		without prejudice to the specific requirements set out in Annex IV, they shall be regularly carried out at an appropriate time, at least once a year, by means of a certificate.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to adopt by Regulation provisions on the implementation, frequency and timing of official investigations. In order to determine the methodology of these investigations, an expert opinion is to be drawn up by the Federal Office and Research Centre for Forests or the Federal Office for Food Security.

Official Directory

§ 14. (1) The following establishments, including their premises, have to apply to the State Governor for registration in the official register:

1.		the producers of plants, plant products and other objects referred to in Annex V, Part A;
2.		the producers of certain plants, plant products and other objects not listed in Part A of Annex V to the Federal Minister for Agriculture, Forestry, the Environment and Water Management for the implementation of the legislation of the European Union is specified by Regulation;
3.		the collection centres or dispatch centres situated in the production area;
4.		the importer of plants, plant products and other objects referred to in Annex V, Part B;
5.		other natural and legal persons, as well as associations of persons who request authorisation to use exchange passports (§ 17 (4)).

(2) If the phytosanitary provisions of the country of destination and, where appropriate, of the transit countries provide for, exporters shall apply for inclusion in an official register at the head of the country.

(3) The Landeshauptmann shall make the registration in the official register, if the holding is in a position to comply with the obligations laid down in § 15.

(4) The conditions for the registration must be met, under the terms of the conditions and conditions laid down in § 15.

(5) The registration in the official directory shall be made under an individual registration number which allows the identification of the holding.

(6) The holdings shall be notified to the Governor of the State if they take up any additional activity or activity other than those for which they were originally entered in the official register.

(7) The registration must be refused or cancelled if the conditions for this are not or no longer exist. At the time of the final conclusion of a bankruptcy proceedings or the final deletion from the company register of a company or exporter entered in the official directory, the cancellation of the registration of the law shall occur. If an exporter who has been included in the official list referred to in paragraph 2 does not submit an application for an exhibition within 3 years from the date of inclusion in this official list or after a further 3 years, Phytosanitary certificates according to § 34 para. 2, shall the cancellation of the registration of the law arise.

(8) The Commission shall, upon request, receive access to the official list.

Obligations of establishments

§ 15. (1) Each plant shall immediately notify the Governor of any atypical occurrence of harmful organisms or symptoms and any other anomaly in plants.

(2) The establishments shall also be obliged to:

1.		to have a state-of-the-art plan of the plant (s) from which it appears where plants, plant products or other objects are grown, produced, stored, stored or used, or otherwise exists;
2.		to provide books with complete information on plants, plant products or other objects,
a)			which have been purchased for storage or planting in the holding,
b)			which are created or
c)			dispatched to third parties,
		and to keep relevant documents for at least one year;
3.		to be personally available for permanent contact with the official bodies, or to designate another person who is more experienced in plant production and in the relevant plant health issues;
4.		-carry out a local inspection with the control bodies at the appropriate time, if necessary;
5.		give access to the inspection bodies, in particular for the purpose of inspection or sampling, and to allow them to be consulted in the books and relevant documents referred to in Z 2;
6.		in other ways to cooperate with the official bodies.

(3) In order to facilitate the determination of the plant health of an establishment, further conditions and conditions may be imposed on the production and, where appropriate, import conditions, in particular the plant type, the location, the operating size, the management, the equipment and the equipment.

(4) The establishments must, at the request of the official bodies, comply with specific obligations relating to the establishment or improvement of the plant health of the holding and the maintenance of the identity of the material until it is fixed. Plant passport. These specific obligations may include activities such as special examinations, sampling, isolation, grubbing, treatment, destruction and labelling and the fulfilment of any other specific requirement set out in Annex IV. Part A, Section II or, where appropriate, Annex IV, Part B.

(5) The fulfilment of the obligations shall be ensured by regular, but at least annual, verification of the books and relevant documents referred to in paragraph 2 (2) (2).

Rules of origin and provisional safeguard measures

§ 16. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular with regard to the implementation of European Union legislation, has

1.		a scheme applicable to certain plants, plant products and other objects which may, if necessary, be traced back to the origin of such products;
2.		Provisional protective measures to prevent the spread of harmful organisms, which, on the basis of a preliminary risk analysis, prove to be a significant risk to plant health in the European Union or parts thereof; , in the common market
.

Plant passport

§ 17. (1) The placing of the plants, plant products and other objects listed in Annex V, Part A, Section I shall be permitted only if they, their packaging or the means of transport are valid for the territory in question. A plant passport is attached.

(2) The placing of the plants, plant products and other objects referred to in Annex V, Part A, Section II, into or in the respective protected areas shall be permitted, subject to § 12 (3) to (5), only if they, The packaging or the means of transport shall be affixed to a plant passport valid for these territories.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular with regard to the implementation of European Union legislation by Regulation

1.		the information which the plant passport has to contain,
2.		the general requirements to which the plant passport has to be complied with, and
3.		the special requirements for the plant passport and the existence of the conditions
.

(4) The replacement of a plant passport by another plant passport (exchange pass) shall be carried out in accordance with the following provisions:

1.		a plant passport may be used only in the case of a division of consignments, in the case of a summary of several consignments or their parts, in the event of a change in the plant health status of the consignments, without prejudice to the specific requirements of Annex IV or in other specific cases to be determined by regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management;
2.		a plant passport may only be replaced if an establishment-whether a producer or not-is registered in an official register in accordance with Section 14;
3.		the exchange passport must be issued by the local official official body in accordance with Article 3 (1) (2) or, where appropriate, Z 3, provided that the product in question is protected and that it is guaranteed that the date of the transfer by the Member State Producers should not be at risk of infestation with harmful organisms in Annexes I and II;
4.		the exchange pass has a special mark to be determined by regulation of the Federal Minister of Agriculture, Forestry, Environment and Water Management, as well as the registration number of the original producer or, in the case of a change of the plant health status-to show the registration number of the person responsible for this change;
5.		Further details concerning the exchange procedure necessary for the proper enforcement of the requirements laid down in the Z 1 to 4 may be provided by the Federal Minister for Agriculture, Forestry, the Environment and Water Management Regulation shall be adopted.

(5) The commercial purchasers of plants, plant products and other objects shall, as final consumers working in the marketing of plants, keep the plant passports in question for at least one year and shall have a book on them .

Authorization

§ 18. (1) The operation shall be authorized by the Governor of the State on request for the use of plant passports if, in the case of an investigation pursuant to Section 13 (1), it proves that the conditions laid down in this Federal Act are fulfilled.

(2) On the basis of the investigations, obligations and requirements of this Federal Law, those restrictions shall be laid down to which plants, plant products or other objects are subject. The scope of the plant passport shall be limited.

(3) The authorisation to use the plant passport shall include the authorization to create, print and retain the plant passport. The production, printing and storage of the plant passport are subject to official supervision.

Official measures

§ 19. (1) The authorisation to use the plant passport shall be restricted or cancelled to the extent that there is a risk of the spread of harmful organisms.

(2) Where paragraph 1 is applicable, the plants, plant products or the nutrient substrate concerned shall be subject to one or more of the following measures:

1.		appropriate treatment;
2.		transport to areas where they do not constitute a phytosanitary risk, under official supervision;
3.		Shipment to sites of industrial processing under official supervision.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular with regard to the implementation of European Union legislation by Regulation

1.		the conditions under which one or more of the measures referred to in paragraph 2 are to be taken and
2.		the detailed rules and conditions for these measures
. The Federal Office and Research Centre for Forest or the Federal Office for Food Safety (Bundesamt für Food Security) are responsible for drawing up an expert opinion in order to determine the details and conditions.

Monitoring

§ 20. (1) For the purpose of monitoring compliance with the provisions of this Federal Law, and in particular Article 17 (1) and (2), official investigations shall be carried out at random and without distinction of the origin of the plants, plant products and other objects. in accordance with the following provisions:

1.		occasional checks at any time and anywhere where plants, plant products or other objects are brought;
2.		occasional checks in establishments where plants, plant products or other objects are grown, produced, stored or kept for sale, and in the premises of purchasers;
3.		occasional checks at the same time as other document controls, such as those carried out for reasons other than those of plant health.

(2) The checks shall be carried out on a regular basis in establishments which are kept in an official register in accordance with Article 14 (1). In other establishments, they may be carried out on a regular basis with a view to paragraph 3.

(3) The checks shall be carried out regularly and in a targeted manner if there is evidence that one or more of the provisions of this Federal Law have not been complied with.

(4) Checks on the monitoring of the introduction of plants, plant products and other objects in the common market may be carried out by the official bodies in accordance with Article 3 (1) (1) (1). The official bodies referred to in Article 3 (1) (2) and (3) shall be informed of the acceptance of controls.

Special cases of surveillance in the common market

§ 21. (1) The official bodies may, in the case of holdings producing wood in the form of material, staple wood, pallets or packaging material, which are actually used in the transport of objects of all kinds, produce, store or in the common market carry out checks.

(2) The official bodies may, at any time and everywhere, monitor means of transport which are actually used in the transport of plants, plant products and other objects.

Understanding of the Member State of the consignor

§ 22. The competent official body shall inform the official plant protection service of the consignment Member State of all cases where plants, plant products or other objects of origin originating in that Member State are subject to the complaint. , because they are subject to prohibitions or restrictions in relation to plant protection measures.

(2) The information shall be provided without prejudice to the measures which the official body deems necessary in respect of the consignment which is objectionable and must be made as soon as possible after the complaint has been lodged, so that the relevant Plant protection services may, in particular, examine the measures to be taken to prevent further similar incidents and, where appropriate and possible, what measures are to be taken with regard to the consignment which has been objectionable the risk in this case is appropriate.

Section 4

Imports from third countries

General requirements

§ 23. (1) The placing of the plants, plant products and other objects of origin from third countries listed in Annex V, Part B, into the customs territory of the Union shall be permitted only if:

1.		they are accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export, which complies with the requirements of this Federal Law;
2.		they, their packaging material and, where necessary, their means of transport as a whole or by taking characteristic samples, shall be officially examined; the investigation shall ensure that:
a)			that they are not affected by the harmful organisms listed in Annex I, Part A,
b)			that, in the case of plants and plant products listed in Annex II, Part A, they are not affected by the harmful organisms referred to in this part of this Annex;
c)			in so far as the plants, plant products and other objects listed in Annex IV, Part A, Section I are concerned, the specific requirements referred to in this part of this Annex relating to them, or, where appropriate, the in the relevant positions of Annex IV, which must have been confirmed under the heading "Additional declaration" of the plant health certificate in accordance with Z 1.

(2) The placing of the plants, plant products and other objects of origin from third countries listed in Annex V, Part B, Section II, into the respective protected areas shall be different from paragraph 1 (2) (2) (2). a to lit. c shall be allowed only if it is guaranteed,

a)			that they are not affected by the harmful organisms listed in Annex I, Part B,
b)			that, in so far as the plants and plant products listed in Annex II, Part B are concerned, they are not affected by the harmful organisms referred to in this part of this Annex,
c)			that, in so far as the plants, plant products and other objects listed in Annex IV, Part B are concerned, they comply with the specific requirements referred to in this part of this Annex.

(3) Plants, plant products and other objects of origin from third countries listed in Annex V, Part B shall, from the date of their arrival in the customs territory of the Union, be subject to both customs supervision in the customs territory of the Union until the date of release in accordance with Article 33 of the The meaning of Article 37 (1) of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code as well as the supervision by the competent official body.

Specific shipments

§ 24. (1) Plants, plant products or other objects not listed in Annex V, Part B, originating in a third country which are brought into the customs territory of the Union, such as wood in the form of material, staple wood, pallets, or Packaging material, which is actually used in the transport of objects of all kinds, may be fulfilled by the responsible official body for the fulfilment of the requirements laid down in § 23 (1) Z 2 lit. a to lit. c and para. 2 lit. a to lit. c. In this case, section 23 (3) shall apply.

(2) Consignments with origin from third countries which, according to the customs formalities, do not consist of, or contain, plants, plant products or other objects of Annex V, Part B, shall be officially declared to be , where there are legitimate grounds to believe that an infringement is against the provisions of this Federal Law or directly applicable legislation of the European Union.

Where a customs inspection finds that a consignment or a consignment of undeclared plants, plant products or other objects listed in Annex V, Part B, contains or consists of a third country, the controller shall have: Customs office shall immediately inform the Federal Office of Food Safety, in the case of forestry plants and plant products, in accordance with the Annex of the Forest Act 1975, to inform the Federal Office and Research Centre for Forests of this.

(4) In the event of any doubt as to the identity of the consignment, in particular as regards the genus, species and origin, the consignment shall be considered to be plants, plant products or other objects listed in Annex V, Part B .

(5) In the event of the risk of the spread of harmful organisms, plants, plant products and other objects which may be subject to one of the customs-approved provisions in accordance with Article 4 (15) (15) may also be used. b to e or Art. 4 Z 16 lit. (b) and (c) of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, the competent official body shall be subject to the fulfilment of the requirements laid down in Article 23 (1) (2) (2) (2). a to lit. c and para. 2 lit. a to lit. c.

(6) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to lay down, in particular, the implementation of European Union legislation by means of a Regulation,

1.		in which cases such checks shall be carried out and
2.		which methods are to be applied.

Phytosanitary certificate and phytosanitary certificate for re-export

§ 25. (1) The plant health certificate shall have the information given in accordance with the model of the Appendix to the revised text of the International Plant Protection Convention; BGBl. III. No 221/2005, to be issued by departments which are within the framework of the revised text of the International Plant Protection Convention or, in the case of non-Contracting States, under the legislation of the State concerned shall be authorized.

(2) The phytosanitary certificate shall be issued either as a whole in block writing or in writing as a whole-except in the case of stamping and signature. It shall be drawn up in at least one of the official languages of the European Union and shall preferably be completed in one of the official languages of the Member State of destination. The botanical name of the plant must be given in Latin letters.

(3) Uncertified changes or repayments shall result in the invalidity of the certificate. Additional copies of the certificate shall be deemed to be equivalent only if they bear the printed or stamped "copy" or "duplicate" note.

(4) The phytosanitary certificate shall not be issued earlier than 14 days before the date on which the plants, plant products or other objects have left the issuing third country.

(5) If the plants, plant products or other objects listed in Part B of Annex V have been transferred from a Member State or third country to another third country, they shall be transferred from there to the territory of the Federal Republic of Germany. in place of a plant health certificate, a plant health certificate for re-export in accordance with the model of the Appendix to the revised text of the International Plant Protection Convention.

(6) Paragraph 5 shall also apply where a division or interim storage has taken place in the country of re-shipment or where the packaging has been altered and it has been officially established that the plants, plant products or other Items in the territory of the further consignment country have not been exposed to any risk which may jeopardise compliance with the provisions of Section 23.

(7) The phytosanitary certificate for re-export is the plant health certificate last issued and, where appropriate, the phytosanitary certificates issued by other countries before importation for re-export to the original or an officially certified copy.

(8) In the case of plants, plant products and other objects subject to special requirements as set out in Part A or Part B of Annex IV, the plant health certificate must be found in the country of origin of the plants, plant products and other objects. was issued. This shall not apply in cases where the particular requirements in question may also be met in places other than the place of origin or in which there are no special requirements. In such cases, the plant health certificate may also be issued in the third country from which the plants, plant products or other objects are exported (country of dispatch). In the case of plants, plant products and other objects subject to specific requirements as referred to in Annex IV, Part A or Part B, the relevant certificates shall, where appropriate, indicate in the "Additional declaration" heading which shall be the one in the the relevant position of the different parts of Annex IV, which are in accordance with the specific requirements of Annex IV, or are fulfilled. This information shall be given by a reference to the corresponding position in Annex IV.

(9) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular with regard to the implementation of European Union legislation, by Regulation

1.		the general requirements for the phytosanitary certificate or the phytosanitary certificate for re-export,
2.		additional information to be included in the phytosanitary certificate or the phytosanitary certificate for re-export, or
3.		The admissibility of electronic certificate formats or other alternative documents or identifiers
.

Entry points

§ 26. (1) The placing of the plants, plant products and other objects of origin from third countries into the Federal Republic of the plants listed in Annex V, Part B, shall be permitted only through an entry point.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Ministers for Economic Affairs, Family and Youth, for Finance and for Transport, Innovation and Technology, has by Regulation Receiving places in accordance with § 2 Z 11 as entry points.

(3) The admission as an entry point requires that the entry point

1.		complies with economic requirements, such as, in particular, liquid frontier handling and the avoidance of transhipment;
2.		takes account of the principles of appropriateness, purity, simplicity and cost-saving;
3.		the equipment necessary for official inspection and control.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, in order to implement the legislation of the European Union by Regulation, the minimum requirements to be met by the equipment of the entry points, .

(5) If the port of landing is not at sea or river transport or the first railway station in the case of rail transport is not on the external border of the Federal Republic of Germany, only consignments of plants, plant products and other objects are to be found under Customs closure in closed, undamaged envelopes or in sealed wagons to be brought to the territory of the Federal Republic of Germany.

Obligations of the importer

§ 27. (1) importer or its customs representatives (notifying parties in accordance with Article 4 Z 18 of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code) of consignments containing plants, plant products or plants listed in Annex V, Part B, or shall consist of or contain other objects in at least one of the items required for the initiation of a customs procedure in accordance with Art. 4 Z 15 lit. b to e or Art. 4 Z 16 lit. a to g of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, in the same language as the other information provided there, to make the following information on the composition of the consignment:

1.		an indication of the type of plants, plant products or other objects using the codes of the Integrated Customs Tariff of the European Union (Taric),
2.		a note "This consignment contains products of interest to plant protection products",
3.		the number of the plant health certificate or, where appropriate, the appropriate authorised alternative documents; and
4.		the register number of the importer in accordance with Section 14 (1) (4) or, where applicable, the register number in accordance with Art. 13c (1) lit. (b) Directive 2000 /29/EC.

(2) The applicant has the customs office at the entry point and the Federal Office for Food Safety, in the case of forestry plants and plant products in accordance with the Annex of the Forest Act 1975 the Federal Office and Research Centre for Forests, from the To notify the consignment at the entry point without delay.

(3) The notifier shall be obliged to provide the control body with the assistance necessary for the conduct of a proper investigation or for such assistance to be provided.

Official control

§ 28. (1) The official control pursuant to § 23 shall be the responsibility of the Federal Office for Food Security. The official control in accordance with § 23 is the responsibility of the Federal Office and the Research Centre for Forests in accordance with the annex of the forestry law in 1975. Upon entry into the customs territory of the Union, it shall require verification by customs bodies that the plant health certificate complies with the requirements of section 23 (1) (1) (1).

(2) In addition to the cases of § 29, the official investigation pursuant to Section 23 (1) (2) and (2) shall in principle be carried out at the entry point.

(3) The control body shall determine whether the conditions laid down in paragraph 23 are fulfilled.

(4) The control body shall be authorized to take the samples necessary for the examination, free of charge, from any part of the cargo, to the extent necessary. If a visual examination cannot be used to find the prolongation, these samples must be sent to the Federal Office and Research Centre for Forests or the Federal Office for Food Security. The said official bodies shall be responsible for the examination, diagnosis, examination and evaluation of such samples for their state of health and for the freedom of harmful organisms.

Forwarding of shipments

§ 29. (1) The official investigation pursuant to § 23 (1) Z 2 and (2) may be carried out in the case of the transit procedure pursuant to § 2 Z 18 of non-Union goods at the place of destination if:

1.		the Federal Office for Food Safety, in the case of forestry plants and plant products in accordance with the Annex of the Forest Act 1975, the Federal Office and Research Centre for Forests, with the official office at the place of destination, or
2.		the official office at the place of entry with the Federal Office for Food Safety, in the case of forestry plants and plant products in accordance with the Annex of the Forest Act 1975 with the Federal Office and Research Centre for Forests
has reached agreement on this and is not in danger of introduction or spread of harmful organisms in the transport of plants, plant products and other objects.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular with regard to the implementation of European Union legislation, by Regulation

1.		the conditions in which it is to be considered that there is no risk of the introduction or spread of harmful organisms; and
2.		the measures to be taken to maintain the noiseness of the lots and consignments, in particular during transport;
.

Official measures

§ 30. (1) For the official investigation that the conditions laid down in Article 23 (1) and (2) are not fulfilled, the notifier shall immediately, under the supervision of the control body, subject the consignment to one or more of the following measures:

1.		the refusal to import the consignment or parts of the consignment to the European Union;
2.		transfer to a place outside the Union, under official supervision, in accordance with the relevant customs procedures during the movement within the European Union;
3.		the removal of the infected/infested product from the consignment;
4.		Destruction;
5.		-the imposition of a quarantine until the results of the official investigations are available in accordance with Section 28 (4);
6.		appropriate treatment if the Federal Office for Food Safety, in the case of forestry plants and plant products in accordance with the Annex of the Forest Act 1975, the Federal Office and Research Centre for Forests, assumes that the conditions according to § 23 as a result of the treatment and the risk of the spread of harmful organisms is avoided and measures may be taken for the appropriate treatment also in the case of harmful organisms not listed in Annex I or in Annex II .

(2) The place of treatment or destruction must be so situated that harmful organisms cannot be introduced or spread out.

(3) After the treatment provided for in paragraph 1 (1), the consignment shall be re-examined.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular with regard to the implementation of European Union legislation by Regulation

1.		the conditions under which one or more of the measures referred to in paragraph 1 are to be taken and
2.		the detailed rules and conditions for these measures
. The Federal Office and Research Centre for Forest or the Federal Office for Food Safety (Bundesamt für Food Security) are responsible for drawing up an expert opinion in order to determine the details and conditions.

Import ban

§ 31. (1) In the case of measures pursuant to Article 30 (1) (1) to (3), the phytosanitary certificate shall be clearly visible on the front side with a red triangular stamp.

(2) The stamp shall contain, in addition to the words "INVALID", the name of the service and the date of the refusal, the beginning of the shipment to a place outside the European Union or the distance.

(3) At the request of the applicant, the control body must take two samples from the offending charge and thus seal or seal it in such a way that an injury to the closure is not possible without violating the seal or the seal. One of these samples shall be submitted to the Federal Office and Research Centre for Forests or the Federal Office for Food Safety, the other sample shall be handed out to the applicant.

(4) The costs of the official investigation pursuant to paragraph 3 by the Federal Office and Research Centre for Forests or the Federal Office for Food Security shall be borne by the applicant if the conditions in accordance with § 23 (1) Z 2 or (2) are not fulfilled .

Participation of customs authorities

§ 32. (1) The phytosanitary certificate, which is accompanied by an entry stamp and the signature of the inspection body, forms a required document at the time of customs clearance for the purpose of notification under Article 62 (2) of Regulation (EEC) No Council Regulation (EEC) No 2913/92 (Customs Code) and Article 218 (1) (d) of Commission Regulation (EEC) No 2454/93 (Customs Code Implementing Regulation).

Where a customs inspection finds that a consignment or batch of a third country contains undeclared plants, plant products or other objects referred to in Annex V, Part B, or consists of such products, the controlling Customs office immediately the Federal Office for Food Safety, in the case of forestry plants and plant products in accordance with the Annex of the Forest Act 1975, to inform the Federal Office and Research Centre for Forests.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular with regard to the implementation of European Union rules, has laid down rules in respect of

1.		the documents to be used in the cooperation of official bodies and customs authorities;
2.		the procedure for the transmission of documents pursuant to Z 1 and
3.		the procedure for the exchange of information between the official bodies and the customs authorities, in particular in the case of the forwarding of consignments;
.

Release

§ 33. (1) The control body shall confirm the admissibility of importation on the plant health certificate by means of the entry stamp and signature, if the conditions are fulfilled in accordance with § § 23 and 38.

(2) The entry stamp shall contain the name of the service office and the date of presentation of the document.

(3) Only after completion of the release the plants, plant products or other objects may be placed in one of the species in Art. 4 Z 16 lit. a and lit. d to lit. The customs procedure referred to in the Community Customs Code shall be transferred.

Section 5

Exports to third countries

General requirements

§ 34. (1) The phytosanitary provisions of the country of destination and, where appropriate, of transit countries, shall be relevant for the export of plants, plant products and other objects to third countries.

(2) The documents provided for in this Federal Act for admission to import into a particular country are not sufficient for the issuing of a plant health certificate at the regional governor, in the case of seeds in the sense of this Federal law at the Federal Office of Food Security, requested. The phytosanitary requirements of the country of destination and of transit countries shall be notified by the exporter.

(3) The phytosanitary certificate shall be issued if an official examination shows that the plants, plant products or other objects and, where appropriate, the establishments from which they originate, satisfy the requirements laid down in paragraph 1 , otherwise the application shall be dismissed.

(4) If, in the case of the official examination referred to in paragraph 3, a visual examination cannot be the case, a sample shall be placed on one of the official bodies referred to in Article 28 (4) or a comparable official body. regional level. The said official bodies shall be responsible for the examination, diagnosis, examination and evaluation of such samples for their state of health and for the freedom of harmful organisms.

(5) The plant health certificates and phytosanitary certificates for re-export shall be issued in accordance with the model of the Appendix to the revised text of the International Plant Protection Convention. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular with regard to the implementation of European Union legislation or international conventions, has

1.		the general requirements for the phytosanitary certificate or the phytosanitary certificate for re-export,
2.		additional information to be included in the phytosanitary certificate or the phytosanitary certificate for re-export, or
3.		The admissibility of electronic certificate formats or other alternative documents or identifiers
.

(6) In so far as the phytosanitary provisions of the country of destination and, where applicable, the transit countries provide for this, an exporter to the governor of the country shall apply for admission to the official list in accordance with Section 14 (2) of this Regulation. The exporter shall be notified of the phytosanitary provisions of the country of destination and, where appropriate, of the transit countries. If the exporter is in a position to comply with the conditions laid down by the third country and, where appropriate, the transit countries, the Governor of the State shall, under conditions and conditions, have to be entered in the official register. Commitments to be respected.

(7) In so far as the phytosanitary provisions of the country of destination and, where appropriate, of the transit countries provide for, the consignments shall be accompanied by appropriate labelling or sealing systems. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular with regard to the implementation of European Union legislation or international conventions in the field of plant protection, has to comply with the requirements of the Regulation to identify appropriate labelling or sealing systems.

(8) From the date of issue of a plant health certificate by the competent authority before leaving the territory, no activities may be carried out by an exporter to ensure that the phytosanitary safety of the The consignment may be affected, in particular with regard to the composition of the consignment, the exchange of components of the consignment, or a possible re-infestation of the consignment.

Requirements for exports of packaging wood

§ 35. (1) In the case of wood which is used in the form of material, staple wood, pallets or packaging material, for the purpose of carrying out all types of goods, an internationally recognised marking shall be used for export to third countries. Where phytosanitary standards are required, establishments which intend to make such a mark have to apply to the Governor of the State of the State for inclusion in an official list. For the application, a form must be used, which the Federal Minister for Agriculture, Forestry, Environment and Water Management has to lay down by means of a regulation.

(2) The Governor shall make the registration in the official register if the holding is in a position to comply with the obligations laid down in paragraphs 5 or 6. If the conditions for registration are met, the application shall be accepted under the conditions and conditions laid down in paragraph 5 or 6. The registration in the official directory must be made under an individual registration number, which allows the identification of the holding. The registration in the official register shall include the authorisation to carry out the marking in accordance with paragraph 1, subject to compliance with the relevant conditions and conditions. The registration must be refused or cancelled if the conditions are not or are no longer available.

(3) The Landeshauptmann shall regularly examine the holdings at an appropriate time, but at least once a year, by means of the examination of compliance with the requirements of paragraphs 5 and 6, in particular.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has been responsible for implementing legislation of the European Union or of international agreements by Regulation

1.		the information to be provided in accordance with paragraph 1, and
2.		the other requirements to which the labelling referred to in paragraph 1 has to be complied with,
.

(5) Holes of wood in the form of material, staple wood, pallets or packaging material which is actually used in the transport of all kinds of objects and which is to be labelled in accordance with paragraph 1, in accordance with recognised international phytosanitary standards shall have the appropriate facilities for the appropriate treatment of wood, such as, in particular, heat treatment or artificial drying facilities. The establishments shall, in regular intervals to be determined in accordance with paragraph 2, demonstrate the proper functioning of such facilities.

(6) holdings which produce wood in the form of material, staple wood, pallets or packaging material which is actually used in the transport of all kinds of objects, and which has not yet been identified in accordance with paragraph 1; or , but do not treat it themselves, in order to be able to carry out the marking in accordance with paragraph 1, have to obtain confirmation of a holding in accordance with paragraph 5 concerning the professional implementation of the treatment. This confirmation shall indicate the quantity of wood treated and shall not be issued earlier than one month before the date in which the treated wood is to be marked. The establishments referred to in paragraph 5 and paragraph 6 shall keep the confirmations for at least one year and keep them in the book. A form must be used for the confirmation, which the Federal Minister for Agriculture, Forestry, Environment and Water Management has to lay down by means of a regulation.

(7) Within the framework of an administrative monitoring system required by internationally recognised phytosanitary standards, the official bodies may also carry out checks in accordance with § 3 (1) Z 1. The official bodies referred to in Article 3 (1) (2) and (3) shall be informed of the acceptance of controls.

6.

Enforcement of legislation

Criminal provisions and safeguards

§ 36. (1) Who

1.		Harmful organisms listed in Annex I, Part A, contrary to § 7 (1),
2.		Harmful organisms listed in Annex I, Part B, in breach of Section 7 (2) of the Treaty, in the respective protected areas,
3.		plants and plant products which are covered by one of the harmful organisms listed in Annex II, Part A, contrary to Article 8 (1),
4.		Plants and plant products which are covered by one of the harmful organisms listed in Annex II, Part B, in accordance with Article 8 (2) of this Regulation, in the in the respective protected areas,
5.		plants and plant products listed in Annex III, Part A, contrary to Section 9 (1),
6.		plants and plant products listed in Annex III, Part B, into the respective protected areas, contrary to Article 9 (2),
7.		plants and plant products listed in Annex IV, Part A, contrary to Article 10 (1) or section 10 (3), although they do not comply with the specific requirements referred to in this part of this Annex with regard to them,
8.		plants and plant products listed in Annex IV, Part B, in accordance with Article 10 (2), to or in the respective protected areas, although they do not comply with the special requirements referred to in this part of this Annex with reference to them corresponding to
9.		plants, plant products and other objects listed in Annex V, Part A, contrary to § 11, without an official investigation,
10.		plants, plant products and other objects listed in Annex V, Part A, Section II, in accordance with Article 12 (1), without an official investigation into the plants, plants, plants and plants. in the respective protected areas,
11.		Contrary to § 15 para. 1, the occurrence of any atypical occurrence of harmful organisms or symptoms and any other anomaly in plants shall not be reported immediately,
12.		shall not comply with the obligations laid down in Article 15 (2) to (4);
13.		plants, plant products and other objects listed in Annex V, Part A, Section I, without a plant passport, contrary to Article 17 (1),
14.		plants, plant products and other objects listed in Annex V, Part A, Section II, into or in the respective protected areas without a plant passport valid for those territories, in accordance with Article 17 (2),
15.		a plant passport is not kept contrary to section 17 (5),
16.		uses a plant passport contrary to section 19 (1),
17.		Contrary to Article 19 (2), the measures provided for there are not implemented,
18.		Obstructing official supervision contrary to § § 20 and 21;
19.		plants, plant products and other objects of origin from third countries listed in Annex V, Part B, into the territory of the Federal Republic of Germany, in breach of § 23, in particular without being subject to a plant health certificate or a plant health certificate for the re-export, which complies with the requirements of this federal law,
20.		provides specific consignments with origin from third countries, contrary to § 24, into the Federal territory,
21.		as the applicant, in accordance with Article 4 (18) of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, does not comply with its obligations under Article 27 of the Treaty,
22.		Measures contrary to § 30 shall not be implemented without delay,
23.		Plant products, plant products and other objects, contrary to § 31, into the Federal territory,
24.		in the case of plants, plant products and other objects referred to in Annex V, Part B, as the importer of plants, plant products and other objects referred to in Article 14 (1) (4), does not request inclusion in the official list
25.		a temporary protection measure arranged pursuant to section 16 (2) (2) does not comply;
26.		Wood, contrary to § 35 para. 5, not treated or not treated professionally,
27.		Timber without or without appropriate professional treatment, contrary to § 35 (6),
28.		a provisional protective measure arranged pursuant to Article 40 (2), (4), (6) or (8) shall not be complied with,
29.		of a regulation adopted pursuant to Article 16 (1) (1) of this Regulation;
30.		of a regulation adopted pursuant to Article 40 (6) of this Regulation;
31.		Carrying out activities contrary to section 34, paragraph 8, which affect the phytosanitary safety of the consignment,
shall be subject to an administrative surrender and shall be punished by the district administrative authority with a fine of up to € 36 340. The trial is punishable.

(2) The decay of the plants, plant products and other objects to which the criminal act relates may be pronounced, whoever they belong, as far as the dangerousness with regard to the spread or transmission of Diseases or pests this requires.

(3) In order to safeguard the decay, the plants, plant products and other objects concerned may be seized by the control bodies in accordance with § 5 and by the customs authorities. The institutions listed shall immediately indicate the seizure of the district administrative authority responsible for the prosecution.

(4) The arrangement of a publisher of a monetary amount instead of the seizure is not allowed.

Enforcement

§ 37. (1) The execution of foes, other than those on the occasion of the enforcement of the 4. The Section of the Plant Protection Act of 1995 has been adopted by the District Administrative Authority, where the plants, plant products or other objects are located in the area of the Sprengel.

(2) The execution of the seizage, on the occasion of the enforcement of the 4. Section of the Plant Protection Act in 1995 was issued by the Federal Office for Food Safety (Bundesamt für Food Security), the Federal Office for Food Security. The execution of the confiscation, on the occasion of the enforcement of the 4. Section of the Plant Protection Act 1995 in the case of forestry plants and plant products, as set out in the Annex of the Forest Act 1975, have been issued by the Federal Office and Research Centre for Forests, is responsible for the Federal Office and Research Centre for Forest. These Federal Offices are the executing authority within the meaning of the Administrative Enforcement Act 1991 (VVG), BGBl. No 53/1991. § § 2, 4 to 9, § 10 para. 1, 2 and 3 first sentence as well as § 11 of the last mentioned law are to be applied.

Section 7

Other provisions

Fees

§ 38. (1) For the activities of the competent authority in each case, a fee shall be paid in accordance with the relevant European Union legislation in accordance with a tariff to be paid by the Federal Minister for Agriculture, Forestry and the Environment and water management, in agreement with the Federal Minister of Finance, to cover costs. This Regulation shall specify the proportion of fees which remains with the authority which carried out this activity.

(2) Those on the occasion of the enforcement of the 4. Part of the fee (border control fee) is provided by the Federal Office for Food Safety, in the case of forest plants and plant products in accordance with the annex of the Forest Act 1975 by the Federal Office and Research Centre for Forests, according to the section of the Federal Office for Forest Law (Bundesamt für Wald). 1 shall be required and the notifier shall be required to notify the applicant in accordance with section 27 (1). In so far as the customs authorities have been entrusted with the implementation of official control, the customs offices shall fix the border control fee in accordance with the Regulation referred to in paragraph 1 and require the declarant to be informed in accordance with Article 27 (1).

(3) In the case of rail transport, the transport undertaking has to charge the required border control fee of the consignment and to the Federal Ministry for Agriculture, Forestry, the Environment and Water Management until the fifth of the following calendar month ,

(4) For items other than those referred to in paragraph 3, the notifier has to pay the border control fee at the customs office of the entry office. The border control fee is to be collected by the customs offices and charged in part to the Federal Minister for Agriculture, Forestry, Environment and Water Management and the Federal Minister of Finance.

(5) If the border control fee is not charged at the time of entry, a release of the consignment by the supervisory body in accordance with Section 33 shall be permitted only if a delay in payment has been made in accordance with Article 226 of Council Regulation (EEC) No 2913/92 (customs code).

(6) In so far as it is necessary for the fulfilment of intergovernmental agreements, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister of Finance, may determine by regulation that the border control charges in respect of certain third countries in general or in respect of certain consignments or groups of consignments from certain third countries, whether or not controlled by the consignment, in a particular country, are to be raised.

(7) However, in the case of random tests, a fee shall be paid only if infringements of the provisions of this Federal Law or directly applicable legislation of the European Union are established.

(8) In cases where the customs authorities in accordance with paragraph 2 fix the border control fee and prescribe them, they shall apply the customs legislation. The fees to be charged by the customs offices shall be deemed to be secondary claims within the meaning of the Federal Tax Code (BAO).

(9) Insofar as the activities of organs of the Federal Office for Food Security are carried out, it is necessary to apply Section 19 (15) of the Health and Nutrition Security Act for the offsetting referred to in paragraphs 3 and 4.

Reports to the Commission

§ 39. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall report in particular to the Commission:

1.		notification of all laws, regulations and administrative provisions adopted in application of Directive 2000 /29/EC;
2.		competent official bodies (Section 3 (1));
3.		Occurrence of harmful organisms in respect of which recognition has been carried out as a protected area (Section 4 (3));
4.		the results of the investigations in accordance with § 4 (1) and (3);
5.		Communication of the methods used in the field of plant construction;
6.		notification of exceptions (§ 42), to the extent that this is required under European Union legislation;
7.		Communication with regard to any financial contributions from the European Union pursuant to Article 23 of Directive 2000 /29/EC;
8.		Communication on the origin and destination of consignments after the occurrence of harmful organisms, as referred to in Article 24 of Directive 2000 /29/EC.
The forwarding of data within the framework of Commission programmes, such as the EUROPHYT programme in particular, may be forwarded by the Federal Minister for Agriculture, Forestry, the Environment and Water Management as well as by the Federal Office for Food security shall take place.

(2) The official bodies shall immediately inform the Federal Minister for Agriculture, Forestry, the Environment and Water Management of any circumstances which are of importance for the reporting obligation pursuant to paragraph 1.

3. The competent official body shall inform the official plant protection service of the country of origin or dispatch and the Commission of all cases in which plants, plant products or other objects of origin from the said plant, plant products or other objects of origin shall be notified to the official plant. The third country has been criticised for not complying with the plant health rules, as well as the reasons for the complaint. The information shall be provided without prejudice to the measures which the official body deems necessary in respect of the consignment which has been objectionable, and shall be made as soon as possible after the complaint has been lodged, so that the plant protection services concerned shall be: and, where appropriate, the Commission may, in particular, examine the measures to be taken to prevent any further similar incidents and, where appropriate and possible, what measures are to be taken with regard to the that the consignment in question is proportionate to the risk in this case.

Occurrence of harmful organisms and provisional protective measures

§ 40. (1) Harmful organisms listed in Annex I, Part A, Section I, or Annex II, Part A, Section I, occur in the territory of the Federal Republic of Germany or are harmful organisms listed in Annex I, Part A, Section II, Annex I, Part B, Annex II, Part A, Section II, or Annex II, Part B, in The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to inform the Commission and the other Member States immediately of a part of the Federal territory in which its occurrence has not been known. It shall also inform the Commission and the other Member States of the safeguard measures taken or intended to be taken by the competent authorities, taking into account, inter alia, any risk of the spread of the in the case of harmful organisms in the territory of the other Member States, and, where appropriate, in particular with a view to implementing legislation of the European Union, by means of Regulation implementing rules.

(2) Harmful organisms listed in Annex I, Part A, Section I, or Annex II, Part A, section I, are present in the territory of the European Union or are harmful organisms listed in Annex I, Part A, Section II, Annex I, Part B, Annex II, Part A, Section II or Annex II Part B in a part of the territory of the European Union where its occurrence has not been known up to now, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular for the implementation of the legislation of the European Union, by Regulation provisional safeguard measures to prevent the spread of these harmful organisms.

(3) Treten harmful organisms, which are not listed in Annex I or in Annex II and whose occurrence in the territory of the Federal Republic of Germany has not yet been known, actually apply or are suspected, the Federal Minister for Land-and Forestry, the environment and water management shall immediately inform the Commission and the other Member States. It shall also inform the Commission and the other Member States of the safeguard measures taken or intended to be taken by the competent authorities, taking into account, inter alia, any risk of the spread of the in the case of harmful organisms in the territory of the other Member States, and, where appropriate, in particular with a view to implementing legislation of the European Union, by means of Regulation implementing rules.

(4) In fact, the Federal Minister for Agriculture, Forestry, the Environment and the Environment and the Environment and the Environment and the Environment, as well as the Federal Minister for Agriculture, Forestry and the Environment, are in fact on the way to the actual occurrence of harmful organisms, which are not listed in Annex I or Annex II and which have not been known Water management, in particular for the implementation of European Union legislation, to lay down provisional protective measures for the prevention of the spread of these harmful organisms by means of a regulation.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the Commission and the other Member States concerning the measures taken by the competent authority in each case for the eradication, or, if not, shall be made available to contain the harmful organisms concerned.

(6) The Federal Office for Food Safety, in the case of forestry plants and plant products in accordance with the Annex of the Forest Act 1975, the Federal Office and Research Centre for Forests, has as regards the consignments of plants, plant products, or (i) other items from third countries, which are considered to be in direct danger of the introduction or spread of the harmful organisms referred to in paragraphs 1 to 4, shall immediately take the necessary measures to: Protection of the territory of the European Union. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular with regard to the implementation of European Union legislation, has adopted implementing rules concerning such broadcasts from third countries. , and to communicate the measures taken by the Commission and the other Member States as a central authority.

(7) If there is a direct danger other than that referred to in paragraph 1 to 4, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall immediately inform the Commission and the other Member States of the measures taken by the , to keep official bodies desirable. If it is considered that these measures are not taken within a reasonable period to prevent the introduction and spread of harmful organisms, the competent official bodies may, for the time being, take the necessary measures to ensure that they are necessary. additional arrangements shall be made, which shall then apply until the Commission has adopted measures pursuant to paragraph 8.

(8) The Commission shall monitor developments in the situation and shall accordingly amend or repeal measures. Pending the approval of a measure, the measures taken so far can be maintained. If the measures taken pursuant to paragraphs 1 to 7 have not been communicated to the Commission, or if it considers the measures taken to be inadequate, it may, on the basis of a provisional harmful organism, be: adopt provisional protective measures in order to eradicate the harmful organism concerned or prevent its spread.

(9) To the extent that measures pursuant to paragraphs 1 to 7 are covered by the scope of the Forest Act 1975, the provisions of subsection IV.B of the Forest Act 1975 shall apply.

(10) The official bodies and the authorities responsible for the enforcement of the forestry law shall immediately have the Federal Minister for Agriculture, Forestry, the Environment and Water Management any circumstances that may be necessary for the reporting requirements referred to in paragraphs 1 to 7 of this Article. It is important to inform.

Commission experts

§ 41. To the extent that this is provided for in European Union legislation, experts from the Commission may accompany the control bodies in carrying out activities under this Federal Law.

8. Section

Other basic provisions

Plant protection measures

§ 42. The national legislation must be provided for:

1.		the obligation on the part of the owners and other persons entitled to dispose of land, construction and transport equipment, on or in which plants, plant products or other objects which are considered as carriers of harmful organisms are concerned; , such land, construction or means of transport, as well as plants and plant products, shall be kept free of harmful organisms and any atypical occurrence or suspicion of such occurrence of harmful organisms, which shall be to reproduce in a driverthreatening manner, to the competent authority, report and implement the measures taken by them or the implementation of measures and the entry into force of their land, premises or means of transport by the Authority, including for the purpose of monitoring, as well as the to provide the necessary information for the implementation of these measures;
2.		the monitoring of land, construction and transport equipment, on or in which harmful organisms may occur and, if necessary, a local restriction or a ban on the introduction by the competent authority of plants and plant products, harmful organisms and carriers of harmful organisms;
3.		the prohibition of the holding of harmful organisms, unless they are provided with authorisation under the legislation of the European Union, or are required for breeding purposes, scientific studies or experimental purposes, and has been approved by the competent authority;
4.		the prohibition or restriction of the cultivation of certain plant species or the use of certain cultivated substrates in the interests of plant protection;
5.		the application and monitoring of certain plant protection products and the observance of certain fruit sequences;
6.		Measures to restrict or block the use of land which is suspected or suspected of being infected or suspected of being infected by harmful organisms, as well as for the destruction, decontamination or deforestation of such land. Infested objects, soil, culture substrates or premises;
7.		the ability of monitoring bodies to be accompanied by experts from the Commission of the European Union in carrying out activities in accordance with the Land laws of this Federal Law, to the extent that this is the case for the fulfilment of European Union law. Commitments are required.

Cost entrap

§ 43. (1) Land legislation must provide for all owners and other persons entitled to dispose of land, construction and transport equipment to bear the costs of control measures taken by the authorities or by the authority itself. , in so far as they are not disputed from public funds, and that fees may be levied for the other activities of the competent authority in the enforcement of the Land laws implementing this Federal Act.

(2) Where the costs are paid out of public funds, the national legislation in the event of the use of a financial contribution by the Union pursuant to Article 23 of Directive 2000 /29/EC (OJ L 327, 30.4.2000, p. No. 1, as last amended by Directive 2010 /1/EU, OJ L 327, 28.11.2010, p. No. 17) provides for the possibility of an assignment of claims to the European Union pursuant to Article 23 (7) of Directive 2000 /29/EC.

Basic provisions concerning data transfer, criminal provisions, setting of a deadline for the release of implementing provisions and the exercise of the rights of the federal government

§ 44. (1) The transmission of data which has been collected in the course of enforcement of national laws implementing this Federal Act in accordance with fundamental provisions of this Federal Law shall be permitted between the individual official bodies only if this is

1.		for compliance with Union or international obligations, or
2.		For reasons of overriding public interest in the conservation of plant health
is required.

(2) The national legislation has to penalise the transgressions of the rules laid down in the Land implementing laws.

(3) The Land Execution Laws shall be issued within one year after the customer has received this Federal Act or subsequent amendments to this Federal Law.

(4) The Federal Minister of Agriculture, Forestry, the Environment and Water Management is responsible for the exercise of the rights of the Federal Government in accordance with Article 15 (8) of the Federal Constitutional Law.

Section 9

Final provisions

Exceptions

§ 45. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has a regulation-provided that there is no risk of the introduction or spread of harmful organisms-in general or for individual cases, exceptions to the applicability certain provisions of this Federal Law and the conditions for granting the exceptions.

Responsibility

§ 46. (1) For the implementation of this Federal Act, with the exception of the basic provisions, unless expressly stated otherwise, the Landeshauptmann shall be responsible in the first instance.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is a properly-considered High Authority. Against modesty issued by the local competent regional governor, the Federal Office for Food Security or the Federal Office and Research Centre for Forests in the enforcement of this federal law, is a appeal to the Federal Minister for Agriculture, forestry, environment and water management are allowed.

Applicability of the provisions of other legislation

§ 47. References in this Federal Act to other legislation are to be understood as a reference to the version in force in each case.

References to Directives

§ 48. The following directives of the European Union are implemented by this federal law:

1.		Directive 77 /93/EEC on measures for the protection of the Union against the movement of organisms harmful to plants or plant products (OJ No L 73, 27.3.1977, p. No. OJ L 26, 31.1.1977, p. 20);
2.		Directive 92/103/EEC amending Annexes I to IV to Directive 77 /93/EEC (OJ L 206, 22.7.1992, p. No. OJ L 363, 11.12.1992, p. 1);
3.		Directive 92/98/EEC amending Annex V to Directive 77 /93/EEC (OJ L 73, 27.3.1997, p. No. OJ L 352, 2.12.1992, p.
4.		Directive 92/90/EEC on the obligations of producers and importer of plants, plant products or other objects, as well as on the details of their registration (OJ L 327, 31.12.1990, p. No. OJ L 344, 26.11.1992, p. 38);
5.		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 Union, and laying down the procedure for their exhibition , as well as to the criteria and the procedure concerning exchange passports (OJ C No. OJ L 4, 8.1.1993, p. 22);
6.		Directive 93 /51/EEC laying down rules for the movement by protected areas of certain plants, plant products and other objects, and on the movement of certain plants, plant products and other objects originating in and within protected areas (OJ L 327, 22. No. OJ L 205, 17.8.1993, p. 24);
7.		Directive 94 /13/EC amending Directive 77 /93/EEC (OJ L 73, 27.3.1994, p. No. OJ No L 92, 9.4.1994, p. 27);
8.		Directive 95 /4/EC amending some of the Annexes to Directive 77 /93/EEC (OJ L 46, 17.3.1997, p. No 44 of 28 February 1995, S 56);
9.		Directive 97 /3/EC amending Directive 77 /93/EEC on protective measures against the introduction into the Union of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 175, 5.7.1997, p. OJ No 27, 30.1.1997, p. 30);
10.		Directive 2002/89/EC amending Directive 2000 /29/EC laying down measures for the protection of the Union against the introduction into the Union of organisms harmful to plants or plant products and against their spread within the Union (OJ L 201, 31.7.2000, p. No. OJ L 355, 30.12.2002 (S 45);
11.		Directive 2009 /143/EC amending Directive 2000 /29/EC as regards the transmission of laboratory tests (OJ L 327, 30.4.2009, p. No. OJ L 318, 4.12.2009 S 23).

Entry into force and repeal of legislation

§ 49. (1) This federal law shall enter into force with the day following the customer's presentation.

(2) With the entry into force of this Federal Act:

1.		the Plant Protection Act 1995, BGBl. N ° 532, as last amended by the Federal Law BGBl. I No 86/2009;
2.		the Plant Protection Basic Law, BGBl. I n ° 140/1999, except for § 3a, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 87/2005.

(3) The following regulations, adopted pursuant to the Plant Protection Act 1995, remain in force as federal laws pending the release of a new regulation, which regulates the respective application area:

1.		the Plant Protection Regulation, BGBl. No 253/1996, as last amended by the BGBl Regulation. II No 96/2010;
2.		the plant protection regulation wood, BGBl. II No 319/2001, as last amended by the BGBl Regulation. II No 320/2009;
3.		the entry-site regulation, BGBl. II No 186/2004, as last amended by the BGBl Regulation. II No 354/2007;
4.		the Plant Protection Form Regulation, BGBl. II No 123/2005;
5.		the Plant Protection Measures Regulation, BGBl. II No 195/2007.

(Policy determination) (4) The implementing laws of the Länder adopted pursuant to the Plant Protection Act remain in force until the laws of the Länder to be executed pursuant to this Federal Act are issued.

Enforcement clause

§ 50. With the enforcement of this federal law,

1.		Section 5 (5), in so far as it concerns the participation of bodies of the public security service, the Federal Minister for the Interior,
2.		Article 26 (2) of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Ministers for Finance, Transport, Innovation and Technology and for the Economy, Family and Youth,
3.		Article 28 (1), second sentence, § 32, section 36 (3), insofar as it relates to the participation of customs organs, and section 38 (2), second sentence, para. 4 and 8 of the Federal Minister of Finance,
4.		Section 38 (1) of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Finance,
5.		Section 38 (3) of the Federal Minister of Transport, Innovation and Technology and
6.		Other issues of the Federal Minister for Agriculture, Forestry, the Environment and Water Management
.

Fischer

Faymann