80. Federal Act amending the Animal Protection Act

The National Council has decided:

The Federal Act on the Protection of Animals (Animal Protection Act), BGBl. I n ° 118/2004, as last amended by the Federal Law BGBl. I n ° 35/2008 and the Federal Law BGBl. I n ° 3/2009, shall be amended as follows:

1. In this federal law, the word order "for health, family and youth" through the phrase "for health" replaced.

2. In the table of contents, the word order § 31 keeping of animals in the framework of commercial activities through the phrase "§ 31 keeping of animals in the context of commercial activities or for the purpose of breeding and sale" replaced.

2a. In the table of contents according to § 41 the word order "§ 41a Animal welfare commission, animal welfare work plan and animal welfare report" inserted.

2b. In the table of contents, the phrase "§ 42 Animal Protection Council, Animal Protection Report" through the phrase "§ 42 Animal Protection Council" replaced.

2c. In the table of contents according to § 42 the word order "§ 42a Enforcement Advisory Board" inserted.

3. § 5 (5) reads:

" (5) The Federal Minister of Health has, by means of a regulation, the further details regarding the training of servants ' dogs-with regard to the security executive in agreement with the Federal Minister of the Interior and with regard to the Federal Army in the Agreement with the Federal Minister for National Defense and Sport-to be determined. "

4. § 23 Z 1 reads:

" 1.		The Authority shall only grant authorisations on request. The local authority responsible for the authorisation shall be the authority in whose sails the holding, participation or use of animals subject to authorisation is to take place or take place. "

4a. § 24 para. 2 second sentence reads:

"The Federal Minister of Health has the opinion of the Animal Welfare Council to be published in the Official Veterinary News (AVN) after consultation of the General Advisory Council (§ 42a)."

5. In accordance with § 24 (2), the following paragraph 3 is added:

" (3) By means of a regulation, the Federal Minister of Health may, taking into account the objectives and the other provisions of this Federal Law, and taking account of the recognized state of scientific knowledge, more detailed Define provisions on training and behavioural training of dogs. "

6. § 24a para. 2 Z 1 lit. b is:

" (b)			Type and number of an official photo ID, "

7. § 24a para. 4, first and second sentence reads:

" Each owner of dogs in accordance with paragraph 3 shall be obliged to enter the animal within one month after the marking, entry or take-over-but in any case before a transfer-stating the data in accordance with paragraph 2 Z 1 and Z 2 lit. a to f report. In addition, the data according to paragraph 2 Z 2 lit. g and h are reported. "

8. § 28 (1) reads:

" (1) The use of animals at other events and the participation of animals in the case of film and television recordings shall require official authorisation in accordance with § 23, to the extent that:

1.		is not required under the veterinary legislation, or
2.		the event is not subject to veterinary supervision; or
3.		it is not a presentation of the training of the service or service horses of the Federal Army or of the servants of the security executive or of animals of social or medical institutions in the public interest; or
4.		It is not an audit of Austrian associations and associations.
Authorisation of use or participation may also be granted as a permanent authorisation by the authority in whose sails the animals are normally kept. In such a case, the authorization shall apply to the entire Federal territory and shall indicate the respective use or participation of the respective local authority in good time, but no later than two weeks prior to the event. The responsibility for measures according to § 23 Z 5 depends on the respective venue. "

9. The title of § 31 reads as follows:

"keeping of animals in the context of commercial activities or for the purpose of breeding and sale"

10. § 39 (1) last sentence reads:

"This shall apply in the same way if the punishment has not been applied only because of a lack of allocation capacity or if the Public Prosecutor's Office has resigned from prosecution on the basis of diversionary measures (§ 198 StPO)."

Section 39 (4) last sentence reads:

" The courts and the public prosecutor's office shall inform the local competent district administrative authority of the cessation of proceedings for suspicings of the breach of Section 222 of the StGB (German Civil Code) if:

1.		the cessation has taken place on the basis of diversionary execution, or
2.		there is a suspicion of a breach of administrative animal welfare rules. "

12. In accordance with § 39 (4), the following paragraph 5 is inserted:

" (5) The prohibition of the use of animals in accordance with paragraph 1 shall apply to the entire Federal territory. The authority is obliged to report bans on the holding of the competent state government. The State Governments shall immediately inform each other of any legal action on the prohibition of the use of animals and their repeal. "

12a. In accordance with § 41, the following § 41a and heading is inserted:

" Animal welfare commission, animal welfare work plan and animal welfare report

§ 41a. (1) The Federal Minister for Health shall set up a Commission for Animal Protection (Commission), consisting of one representative of the political parties represented on the National Council and four experts appointed by the Federal Minister for Health, of which: two are nominated by the Federal Minister of Health and two by the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(2) Membership of the Commission is a free honorary office.

(3) The Presidency of the Commission shall be chaired by a representative of the Federal Minister of Health.

(4) The Commission shall regulate its activities by means of a point of order.

(5) Recommendations of the Commission shall be adopted in the presence of at least two-thirds of the members by two-thirds majority of the votes cast.

(6) The Commission has the following tasks:

1.		Advising the Federal Minister of Health on animal welfare issues;
2.		Recommendations to the Federal Minister for Health on strategies for the further development of animal welfare;
3.		Recommendations with regard to policy priorities for the work plan of the Federal Minister for Health pursuant to paragraph 9.

(7) The Commission shall be entitled to instruate the Animal Protection Council to draw up a basis for the performance of the tasks referred to in paragraph 6. In addition, the Commission is entitled to request all documents required for the performance of its duties, which are available to the Federal Minister for Health, whereby the Federal Minister or the Federal Minister for Health and Safety of the Federal Council of the Federal Republic of Germany have all the necessary documents available to him. to the relevant documents.

(8) With the agreement of the Federal Minister for Health, the Commission may consult other experts with a consultative vote on the deliberations, as far as this is necessary for the treatment of certain substantive issues.

(9) The Federal Minister for Health shall draw up a multi-annual work plan for all aspects of animal welfare and shall submit an animal protection report to the National Council every two years. "

12b. § 42 para. 2 Z 12 is deleted.

(12c) § 42 (3) and (4) reads:

" (3) A natural person may only be a member. A substitute shall be provided for each member of the animal welfare council to represent the member in the event of his/her prevention. The representatives pursuant to paragraph 2 (2) (1) to (4) and their substitutes shall be repudiated to the Federal Minister of Health. The nomination of the representatives pursuant to paragraph 2 (2) (5) to (11) as well as their alternates shall take the form of three-way proposals by means of the respective institutions. On the basis of the tripartite proposals submitted, the Federal Minister for Health shall appoint the representatives in accordance with paragraph 2 (2) (5) to (11) and their alternates as members for a term of office of five years. The Federal Minister of Health may contain the members of their office if:

1.		the conditions for the order referred to in paragraph 2 are no longer available, or
2.		the Member so requests, or
3.		the Member is not in a position to properly fulfil the obligations which his office entails.

(4) The Federal Minister of Health shall appoint the Chairperson and his deputy after consulting the Council. The chairman and his deputy shall be appointed for a period of four years. Reorder is possible. An early dismise of the chairman and his deputy shall be done by the Federal Minister for Health and after consulting the Council. "

12d. In § 42 (4a) of the second sentence, the word order is deleted "on a proposal from the Council" .

12e. § 42 (7) reads:

" (7) The tasks of the animal welfare council are:

1.		Advising the Commission and the Federal Minister for Health on animal welfare issues,
2.		Drafting and issuing opinions on draft regulations on the basis of this federal law,
3.		Preparation and submission of opinions on draft regulations under the Animal Transport Act 2007,
4.		Preparation of opinions and documents on behalf of the Federal Minister for Health or the Commission,
5.		Preparation of decision-making bases on the basis of scientific and practical findings and submission of scientific opinions, recommendations and answers on behalf of the Federal Minister for Health in the field of animal welfare under Taking into account the provisions of European law, economic conditions and practical implementation possibilities,
6.		Preparation of an annual report on developments in scientific knowledge, taking particular account of the international approach,
7.		Reimbursement of proposals on the substance of the agenda for a work plan pursuant to Section 41a (9),
8.		Creation of a report to be published on the activities of the Animal Welding Council. "

12f. In § 42 (9) the word is deleted "Policies" .

12g. § 42 (10) deleted.

12h. According to § 42, the following § 42a and title is inserted:

" Advisory Council

§ 42a. (1) The Federal Minister of Health shall establish a full-time advisory board.

(2) The members of the Executive Board shall be members of the Executive Board:

1.		one representative of the Federal Ministry of Health and of the Federal Ministry of Agriculture, Forestry, Environment and Water Management;
2.		the governing bodies of the federal states responsible for the enforcement of the Animal Welds Act (State Veterinary Directors);
3.		the animal welfare ombudsman of the federal state, which is chaired by the Landeshauptmännerkonferenz, as spokesperson for the animal welfare ombudsmen.
The members shall be made reputable to the Federal Minister of Health; for each member, a deputy shall be appointed to represent the Member in the event of his/her prevention. A natural person may only be a member. The Chairman of the Animal Welfare Council (§ 42) is to be attached to the meetings of the Enforcement Advisory Board; he has advisory function and does not have the right to vote.

(3) The activities of the members of the Executive Board are honorary. All travel expenses are the members of the General Advisory Board after the highest fee level of the travel fee rule 1955, BGBl. No 133.

(4) The Executive Board of the Federal State, which chairs the chairmanship of the Landeshauptmännerkonferenz, shall be chaired by the Executive Advisory Board.

(5) The Board of Enforcement shall regulate its activities by means of a point of order.

(6) Decisions of the Advisory Board shall be taken in the presence of at least two-thirds of the members with two-thirds of the votes cast.

(7) The tasks of the Enforcement Advisory Board are:

1.		Elaboration of guidelines necessary for the uniform enforcement of this federal law in the countries;
2.		Elaboration of guidelines for the enforcement of animal welfare during transport;
3.		Reimbursement of proposals for the multiannual work plan of the Federal Minister of Health pursuant to § 41a (9) from the point of view of enforcement. "

13. § 44 (18) the following paragraph 19 is added:

" (19) § § 5 para. 5, 23 Z 1, 24 para. 3, 24a para. 2 Z 1 lit. b, 24a para. 4, 28 para. 1, 39 para. 1, 4 and 5, 41a, 42, 42a, 46 Z 1, 2 and 7 as well as the heading of § 31 in the version of the Federal Law, BGBl. I n ° 80/2010, enter into force on the first day of the month following the event, at the same time the appointment of the members of the animal protection council shall be issued in accordance with the regulations to date. "

14. § 46 Z 1 and 2 are:

" 1.		Directive 2008 /119/EC laying down minimum standards for the protection of calves, OJ L 327, 28.11.2008 No. OJ L 10, 15.1.2009 p. 7,
2.		Directive 2008 /120/EC on minimum standards for the protection of pigs, OJ L 327, 30.4.2008, p No. OJ L 47, 18.2.2009, p. 5,

15. In § 46, the point after Z 6 is replaced by a dash and the following Z 7 is added:

" 7.		Directive 2007 /43/EC laying down minimum rules for the protection of chickens kept for meat production, OJ L 206, 22.7.2007 OJ L 182 of 12.7.2007 p. 19.

Fischer

Faymann