315. Regulation of the Federal Minister of Health on health and hygiene requirements for aquaculture animals and aquaculture products and on the prevention and control of certain diseases of aquatic animals (Aquaculture Ordinance)

On the basis of § 1 (4) to (6), § 2c, § 10 (3), § 11 (3) and § 23 of the Animal Health Act (TSG), RGBl. No 177/1909, as last amended by the Federal Law BGBl. I n ° 36/2008 and the Federal Law BGBl. I n ° 3/2009, as well as on the basis of § 2 para. 1 to 3 and § 7 of the Animal Health Act (TGG), BGBl. I n ° 133/1999, as last amended by the Federal Law BGBl. I n ° 13/2006 and the Federal Law BGBl. I n ° 3/2009, with regard to the 2. and 5. Main item in agreement with the Federal Minister of Finance and the Federal Minister for Agriculture, Forestry, Environment and Water Management:

table of contents

1. Main item
General
§ 1.	Scope
§ 2.	Definitions
2. Main piece
Monitoring of aquaculture
§ 3.	Permit requirement of establishments
§ 4.	Registration of other postures
§ 5.	Register
§ 6.	Regulatory control and surveillance
§ 7.	Self-control and care veterinarian
§ 8.	Accounting
§ 9.	Good hygienic practice
§ 10.	Disease-free status
3. Main piece
Specific rules for the placing on the market and transport of aquaculture animals
§ 11.	Marketing-general provisions
§ 12.	Measures in respect of transport
§ 13.	Animal health certificates
§ 14.	Placing on the market for the breeding and restocking of waters
§ 15.	Placing on the market in areas free of disease
§ 16.	Marketing of aquatic animals for ornamentals
4. Main piece
Control of epidemets
Section 1
Emergency measures in the event of suspicion of disease
§ 17.	Notification of disease suspicion
§ 18.	Measures to be taken before the official disease arrest
§ 19.	Epidemiological studies
§ 20.	Contact holdings or zones
§ 21.	Repeal of emergency measures
Section 2
Combating exotic diseases
§ 22.	Measures to be taken after official detection of an exotic disease
§ 23.	Protection and surveillance zones in the case of exotic diseases
§ 24.	Removal of the sperm and protective measures in the case of exotic diseases
Section 3
Combating non-exotic epidemets
§ 25.	Measures to be taken after official identification of a non-exotic disease
Section 26 Special measures in health-free farms or areas for regaining the	Freedom of disease
§ 27.	Protection and surveillance zones in case of non-exotic diseases
§ 28.	Removal of the sperm and protective measures in case of non-exotic diseases
Section 4
Control measures for the detection of diseases in wild aquatic animals
§ 29.	Protective measures for exotic diseases
§ 30.	Protective measures for non-exotic diseases
Section 5
Vaccinations
§ 31.	Prohibition of vaccination and exceptions
5. Main piece
Closure and transitional provisions
§ 32.	Transitional provisions
§ 33.	Personal names
§ 34.	Penalties
§ 35.	Transposition of EU provisions
§ 36.	Entry into force and external force
Annex 1
Notifiable diseases and species susceptible to them
1.	Exotic plagues
2.	Non-exotic epidemets
Annex 2
Health status to be taken into account when placing on the market
Annex 3
Official control and surveillance measures
Annex 4
Self-control measures
Annex 5
Approved laboratories
Annex 6
Disease-free status in Austria
1. Areas (zones, compartments) in which a monitoring programme or a	Eradication programme shall be carried out
2. Disease-free areas (zones, compartments)
3. Special protection measures for the conservation of the freedom of disease in areas (zones,	Compartments) according to Pkt. 2.
Annex 7
Sampling for disease detection

1. Main item

General

Scope

§ 1. (1) This Regulation provides for the prevention and control of diseases which occur in aquatic animals. In addition to the animal diseases referred to in § 16 TSG, all the other animal diseases referred to in Annex 1 , notifiable animal diseases within the meaning of the Animal Health Act.

(2) This Regulation shall govern

1.		the authorisation, registration and supervision of aquaculture establishments and processing establishments, and the hygiene conditions to be complied with, and
2.		Measures to be taken in respect of the diseases referred to in Annex 1 and in the fight against such diseases, in respect of the susceptible aquatic animals listed in Annex 1.

(3) This Regulation shall not apply to:

1.		Aquariums, which are kept in aquariums for ornamentals without any commercial purpose,
2.		wild aquatic animals which have been caught or harvested for direct use as food; and
3.		Aquatic animals caught for the production of fishmeal, fish feedingstuffs, fish oil and similar products.

(4) The second main item and § § 13 to 15 shall not apply if aquatic animals are kept exclusively for ornamentals in zoos shops, retailers or wholesalers or commercial aquariums, as well as in garden ponds, and

1.		there is no direct connection of the water of these postures to natural surface waters, or
2.		there is a separate waste water treatment plant, which avoids the risk of transferring pathogens to natural waters in accordance with the state of the art.

Definitions

§ 2. For the purposes of this Regulation:

1.		Fishing waters: ponds or other installations in which the population is obtained exclusively for the non-professionally practised fishing fishery through the restocking with aquaculture animals;
2.		Aquaculture: the breeding of aquatic organisms by means of appropriate techniques, with the aim of increasing production beyond what is possible under natural conditions, the organisms being used during breeding or keeping, including harvesting, or the property of one or more natural or legal persons shall remain the property of the Member State;
3.		Aquaculture business: any public or private undertaking (within the meaning of undertakings) which is engaged in an activity related to breeding and keeping and/or trade in aquaculture animals;
4.		' operator ' means any natural or legal person responsible for an aquaculture business or a processing plant (farmer);
5.		Veterinary surgeon: veterinary surgeon who is contracted by the operator of an aquaculture company to provide veterinary advice and to check the health status of aquaculture animals;
6.		epidemiological unit: a group of aquatic animals with approximately the same exposure risk to a pathogen at a specific site; the risk may arise because the animals live in a common water environment or because the management practice is likely to make the transfer of an erratic from one group of animals to another animal group;
7.		approved processing operation: each according to § 10 para. 1 of the Food and Consumer Protection Act-LMSVG, BGBl. I n ° 13/2006, for the processing of aquaculture animals for food approved food companies, which has been approved in accordance with Article 3 of this Regulation with regard to the slaughter of animals for disease control;
8.		Placing on the market: the sale, including the offering for sale and any other form of delivery (also free of charge), as well as any type of shipment (except within a farm or registered posture) of animals of the aquaculture;
9.		Compartment: one or more farms which operate in accordance with a common biosafety system (application of one and the same method of monitoring of aquatic animal health, disease prevention and control) and which are: water animal population with a health status which is unequivocal in relation to a particular disease;
10.		National Reference Laboratory: with regard to fish diseases, the clinic for poultry, ornamentals, reptiles and fish of the University of Veterinary Medicine, Vienna, and with regard to diseases of the crustaceans, the State Institute for Veterinary Medicine Investigations of Carinthia at the Institute of Food Safety and Veterinary Medicine (ILV-Kärnten);
11.		Animal of aquaculture: any aquatic animal in all stages of life, including eggs and seeds/gametes, which is raised in a farm or a mollary, including a wild aquatic animal, which shall be used for a the farm or a mollyfish breeding area is determined;
12.		Aquatic animals: fish (species of Agnatha and of the classes Chondrichthyes and Osteichthyes), molluscs (Mollusca) and types of cancer (Crustacea);
13.		Aquatic animal for ornamentals: aquatic animal which is kept, reared and placed on the market only for ornamentals, and which does not enter the food chain or in free water;
14.		wild aquatic animal: aquatic animal, which is not an aquaculture animal;
15.		Zone: a precisely defined geographical area with a cohesive/communicating system of water resources consisting of a part of a catchment area from the source (s) of the watercourses to a natural or artificial barrier preventing the upward migration of aquatic animals from the lower watercourses, or from a whole water catchment area from the source (s) to the mouth or, due to the epidemiological link, between the catchment areas across the estuary-several water catchment areas, including the estuaries;
16.		Farm: a production plant, plant or facility operated by an aquaculture establishment, in which animals are bred for placing on the market in aquaculture, with the exception of sites, installations or facilities in which wild animals are Aquatic animals caught for the purpose of human consumption are kept temporarily without feeding until slaughter.

2. Main piece

Monitoring of aquaculture

Permit requirement of establishments

§ 3. (1) Aquaculture establishments and processing establishments in which aquaculture animals from holdings with a health status of category IV and V are also referred to in accordance with Annex 2 slaughtered, unless they are to be registered in accordance with § 4, prior to the commencend of the activity of the authorisation by the district administrative authority.

(2) The operator has the authorisation to apply to the district administrative authority in whose local area of operation the establishment is established, and to submit appropriate documents containing at least the following information:

1.		the name and address of the holding and legal form of the holding, including communication data (telephone number, fax, e-mail), address and location of farm holdings belonging to the holding;
2.		an existing LFBIS or registration number of the holding or of the farm belonging to the holding;
3.		Personal data of the operator (for legal persons the personal data of the person appointed for external representation): surname, first name, title, gender, name supplement (for example, Junior), date of birth, if any company name and company name number or club name and club registration number;
4.		the nature of the animals reared or processed in aquaculture (broken down by farm),
5.		Purpose, Art (ie. the nature of the cultural system or type of installation) and the maximum quantity of production (broken down by farm),
6.		Plan presentation (sketch) of the farm and the individual farms,
7.		Information on water supply (for farms) and water management (for farms and processing plants),
8.		Information on measures to prevent the disappearance of the disease in the best possible way.
Where an aquaculture establishment has farms located in other administrative districts, the application documents shall also be made available to those authorities in a copy.

(3) The authorisation shall be granted after the recovery of the necessary experts and, if appropriate, after referral and assessment of the local district administrative authority responsible for the farms, if it is proved that:

1.		the risk of the transmission of pathogens is minimised by appropriate measures;
2.		the necessary technical and human conditions are in place to comply with the recording, examination and notification obligations laid down in this Regulation.
Authorisation for aquaculture operations or processing operations shall be granted under the allocation of an approval number. Where farms are situated outside the local area of activity of the district headquarters in which the aquaculture establishment is situated, the notification of approval shall be the responsibility of all the district administrative authorities in which farms of this aquaculture establishment are are to be delivered. Each farm belonging to an approved aquaculture establishment must be assigned its own approval number after approval.

(4) In the letter of approval, appropriate hygiene and safety precautions shall be required if necessary. These may, in particular, be the subject of:

1.		measures to ensure compliance with the conditions of approval;
2.		Pre-writing of certain additional self-control measures, procedures or operating equipment to ensure the safety of the holding.
Further conditions may also be imposed on the legal force of the decision, if necessary, in order to ensure the continuity of the conditions of approval.

(5) The supervision and control of the holding (§ 6) must be carried out by the district administrative authority responsible for the respective establishment. Where there are deficiencies or maladministration in the framework of official controls carried out by approved establishments or their approved farms, the local district administrative authority shall, within a reasonable period of time, apply the removal of such deficiencies or malfunctions. If the operator does not come up with such a disposal contract or if the conditions for the authorisation have been omitted, the approval authority shall be notified of this and the approval authority shall be withdrawn from the authorisation. The withdrawal of the authorisation may be waited on a case-by-case basis, if it is to be expected that the conditions for approval shall be met again within six months. In this case, the authorisation shall be suspended. This arrangement shall be repealed as soon as the operator proves that the proper condition has been restored.

(6) Any modification of the data referred to in paragraph 2 shall be notified to the approval authority by the operator in writing without delay.

Registration of other postures

§ 4. (1) The keeping of aquatic animals in

1.		other installations other than aquaculture establishments where the aquatic animals are not placed on the market,
2.		fishing waters and
3.		Aquaculture animals, the aquaculture animals referred to in Article 1 (3) lit. (c) Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin, OJ L 327, 30.11.2004, p. OJ No L 226 of 25 6. 22, only for human consumption (supply of small quantities of primary products by the producer to the final consumer or to local retail outlets which directly address the products to the consumer). deliver final consumers),
is to be notified by the farmer of the district administrative authority prior to the start of the activity for registration.

(2) The notification shall contain at least the following information:

1.		Name and address (position) of the holding or of the holding or Installation and legal form of operation, including communication data (telephone number, fax, e-mail);
2.		an all-due LFBIS or registration number of the establishment;
3.		personal data of the holder (in the case of legal persons the personal data of the person appointed for external representation): surname, first name, title, gender, name supplement (for example Junior), date of birth, if available Company name and company name number or club name and club registration number;
4.		the nature of the animals reared or processed in aquaculture,
5.		Purpose, Art (ie. the type of culture system or type of installation) and the maximum quantity of production,
6.		Plan view (sketch) of the operation,
7.		Information on water supply and water discharge,
8.		Information on measures to prevent the disappearance of the disease in the best possible way.

(3) Any modification of the data referred to in paragraph 2 shall be notified to the district administrative authority in writing by the operator without delay.

(4) Where the District Administrative Authority finds, on the occasion of the registration or on the basis of a regulatory review, that a position referred to in paragraph 1 is at a high risk of transmission of pathogens, it shall be possible to: risk minimisation measures shall be imposed. In particular, the obligation to conduct accounts (§ 8), the implementation of own-control measures and certain procedures or operating equipment to ensure the safe operation of the holding can be made compulsory.

Register

§ 5. (1) The District Administrative Authority shall have the health status (category) as defined in Annex 2 and the level of risk according to § 4 for each farm of approved aquaculture establishments and for each registered posture referred to in Article 4. Annex 3 and to the operator or to communicate with the farmer.

(2) The competent district administrative authority shall have the holdings and the farms belonging to such establishments as approved in accordance with § 3, as well as the holdings and attitudes registered in accordance with § 4, as well as the category of the respective health status and enter the risk level immediately in accordance with the technical possibilities in the electronic veterinary register in accordance with § 8 TSG (VIS), indicating the data referred to in § 3 (2) and § 4 (2).

(3) Any change in the data reported by the operator or perceived by the operator pursuant to paragraph 2, as well as the implementation and the result of control investigations in accordance with § § 6 and 7 shall be entered without delay by the district administrative authority in the VIS.

Regulatory control and surveillance

§ 6. (1) Approved establishments and associated breeding establishments shall be regularly monitored by the District Administrative Authority in accordance with the criteria laid down in Annex 3.

(2) In order to carry out periodic inspections in accordance with paragraph 1, fees are to be paid by the farmer on the basis of a tariff to be determined by the provincial governor pursuant to § 7 para. 3 Z 2 TGG.

Self-control and care veterinarian

§ 7. (1) In the case of aquaculture animals, an increased mortality rate which is clearly higher than the normal level for the farm in question is established, which is normal to the prevailing breeding conditions, and which is not clearly defined on the holding, the environment or the other. The operator of an approved or registered holding shall immediately inform the local authorities of any outbreak of a disease within the meaning of Annex 1, without the suspicion of an outbreak within the meaning of Annex 1. District managing authority.

The operator of approved establishments shall have the health status of aquaculture animals which are susceptible to the diseases referred to in Annex 1, on a regular basis, in accordance with the conditions laid down in the Annex 4 at its own expense by a care veterinarian. Where laboratory tests are required, these shall be included in the in Annex 5 shall be carried out. The results of the own checks shall be submitted to the district administrative authority.

(3) The operator shall disclose the name and professional seat of his/her care veterinarian as well as of any deputy of the district administration authority.

Accounting

§ 8. (1) Each operator of an approved aquaculture establishment shall have:

1.		all movements of aquaculture animals and their products to or from aquaculture animals, from the farm,
2.		the mortality rate in each epidemiological unit, broken down by production direction;
3.		the results of self-control, and
4.		the measures based on the farm-specific hygiene concept (§ 9 para. 1)
Guide the book.

(2) Each operator of an approved processing plant shall book on all movements of aquaculture animals and their products in and out of operation, as well as the measures on the basis of the plant-specific hygiene concept (§ 9 para. 1) ,

(3) Each transport operator who carries aquaculture animals shall have access to:

1.		the mortality during transport, broken down by means of transport and the types of animals transported;
2.		breeding establishments and processing establishments which transport the means of transport; and
3.		any change of water during transport, in particular with information on the origin of the new water and the place where the spent water has been taken off,
Guide the book.

(4) The records referred to in paragraphs 1 to 3 shall be kept for at least three years and shall be submitted to the Authority upon request.

(5) The District Administrative Authority may, if there is a risk of infection with communicable diseases, also order a bookkeeping for postures and installations according to § 4.

Good hygienic practice

§ 9. (1) The operator of an approved aquaculture establishment or an approved processing plant has to establish a plant-specific hygiene concept for production or processing and has been shown to be aware of the operation of the operating staff. .

(2) If the Federal Minister of Health has issued guidelines for good hygiene practice to prevent the introduction of pathogens and the introduction of pathogens, and published in the "Official Veterinary Messages" (Official Veterinary Messages), approved Aquaculture businesses and processing plants are obliged to comply with them and to implement them in the hygiene concept in accordance with paragraph 1.

Disease-free status

§ 10. (1) The areas (zones or compartments) in Annex 6 From the date referred to above, 1 shall be territories in which a programme for the freedom of the disease (monitoring programme) or a eradication programme to recover the freedom of the disease is carried out.

(2) The areas (zones or compartments) in Annex 6 (2) are free of diseases listed in Annex 1 (2) (2) (non-exotic diseases) and, as from the date referred to in that Annex, are free-disease areas within the meaning of Directive 2006 /88/EC. In those areas, the provisions laid down in Annex 6 (3) of Annex 6 to the protection of the freedom of the disease shall be complied with in addition to the provisions of this Regulation.

3. Main piece

Specific rules for the placing on the market and transport of aquaculture animals

Marketing-general provisions

§ 11. (1) Where aquaculture animals and their products are placed on the market, account shall be taken of the health status of the sending and the placing in operation in accordance with Annex 2. The health status of the aquatic animals at the place of destination in respect of the diseases referred to in Annex 1 shall not be endangered.

(2) The Federal Minister of Health may, upon request, authorise the inspection of the aquaculture animals and their products which do not meet the requirements of this item, under the supervision of the competent district administrative authority. shall be placed on the market for scientific purposes. The grant decision may lay down conditions and conditions for the monitoring and minimisation of the risk of the spread of the disease.

Measures in respect of transport operations

§ 12. (1) Aquaculture Animals may only be transported in vehicles or containers which:

1.		are designed to ensure that the water required for transport cannot run out or drain, and
2.		are easy to clean and disinfect.

(2) A change of water during transport shall be carried out only in a suitable installation, ensuring that this does not result in the health status of the aquaculture animals being transported or the health status of aquatic animals at the place of the Water change or at the place of destination is threatened. In particular, the water produced during the change of water must not be discharged directly into water or in installations where aquatic animals are kept. The water change is to be documented in accordance with § 8 (3).

(3) Vehicles or containers in which aquaculture animals have been transported and equipment used for fishing, loading, unloading or transhipment must be cleaned and, where appropriate, disinfected before re-use, with the following: shall not be allowed to be discharged directly into the aquatic environment or in installations where aquatic animals are kept.

Animal health certificates

§ 13. (1) Aquaculture animals may only be transported to areas (zones, compartments) in accordance with § 10 for the purpose of breeding or restocking or further processing before human consumption, if they are subject to the conditions laid down in Regulation (EC) No 1251/2008 on the implementation of Council Directive 2006 /88/EC as regards the conditions and certification requirements for the placing on the market and import into the Community of aquaculture animals and aquaculture products, and the Establishment of a list of types of supercarriers, OJ C 327, No. OJ No L 337, 12. 12. 41, are accompanied by an animal health certificate. The exception of these are aquaculture animals which have been killed and killed before dispatch, as well as molluscs and crustaceans, which are not processed or processed as processing products for the purpose of further processing for human consumption. shall be spent.

(2) Animals of aquaculture animals may be subject to a eradication programme (Article 10 (1)) or disease control measures in accordance with the provisions of the fourth subparagraph of Article 4 (2). The main part of this Regulation shall be subject to the application of an animal health certificate in accordance with the provisions of Regulation (EC) No 1251/2008.

(3) Animal health certificates shall be kept by the consignee for at least three years and shall be submitted for inspection at the request of the authority.

Placing on the market for the breeding and restocking of waters

§ 14. (1) Aquaculture animals may be placed on the market only for the purposes of breeding or keeping in aquaculture if they are:

1.		are clinically healthy and
2.		do not come from a farm in which there is an unexplained increased mortality.
By way of derogation from Z 2, the district administration authority may, after the official veterinarian has been granted, authorise the placing on the market of animals for breeding or farming purposes in aquaculture if they come from a part of the farm, which is independent of the epidemiological unit in which the increased mortality has been established, and which is not likely to be subject to any risk of the disease being abducted.

(2) Animals of aquaculture which are intended to eliminate or kill in the context of disease control measures in accordance with the provisions of the fourth paragraph of this Article. The main part of this Regulation shall not be placed on the market and animals coming from an approved processing establishment may not be placed on the market.

(3) Aquaculture animals may only be brought and brought into free waters or angling ponds for the purpose of keeping or trimminating when they meet the requirements laid down in paragraph 1 and come from establishments whose health status is based on: Annex 2 is at least equivalent to the health status of the waters to which they are to be introduced.

(4) For the purpose of breeding, keeping or holding animals of aquaculture animals which come from areas of the same health status may be introduced and brought into infected areas (zones, compartments) in accordance with Article 10 (2).

Wild aquatic animals which are susceptible to a notifiable disease in accordance with Annex 1 or who are carriers of this disease in accordance with Regulation (EC) No 1251/2008, may, unless they are made from an infected area (zone, compartment). , in aquaculture holdings in areas where the disease is free of disease (zones, compartments), they are only transported and introduced if they have been quarantined in a suitable station, under the supervision of the district administration. The quarantine shall be determined by the district administration authority in such a way that the period of time is sufficient to minimise the risk of the disease being dragged.

Placing on the market for further processing and human consumption

§ 15. (1) aquaculture animals which are susceptible to a non-exotic disease listed in Annex 1, point 2, and their products may only be transported for further processing in areas where the disease is free (zones and compartments) in accordance with Article 10 (2); and when they are introduced

1.		come from areas (zones, compartments) declared to be free from the disease in question; or
2.		they have been processed in an approved processing plant under conditions that prevent the transmission of diseases, or
3.		they are fish that were killed before shipment and were excluded, or
4.		they are molluscs or crayfish, which are not processed or processed as a processed product.

(2) Live aquaculture animals which are susceptible to a non-exotic disease listed in Annex 1, point 2, may only be used for temporary necking or storage in areas where there is no disease (zones and compartments) in accordance with Article 10 (2). Further processing or, where molluscs and crustaceans are concerned, to be consumed and brought to the levy for consumption if they are

1.		come from areas (zones, compartments) declared to be free from the disease in question; or
2.		be temporarily kept in dispatch centres, purification centres or similar establishments, which have a waste water purification system which prevents the spread of diseases.

(3) Paragraph 1 shall not apply to aquaculture animals or their products if they are placed on the market for consumption without further processing, provided that they comply with the rules of food law in accordance with the rules applicable to the retail trade. Packaging is packed.

Marketing of aquatic animals for ornamentals

§ 16. Fish and other aquatic animals may only be placed on the market for ornamental purposes, in so far as this does not endanger the health status of aquatic animals with regard to notifiable animal diseases and other diseases of aquatic animals.

4. Main piece

Control of epidemets

Section 1

Emergency measures in the event of suspicion of disease

Notification of disease suspicion

§ 17. (1) Any outbreak and any reasonable suspicion of the existence of a notifiable disease in accordance with Annex 1 shall be indicated in accordance with § 17 TSG by the persons referred to therein.

(2) In addition to the obligation to display the notification in accordance with paragraph 1, heads of state or private laboratories which are responsible for the presence of a newly occurring disease in aquatic animals (this is a serious, unproven to date) have A disease whose cause may be known or unknown, and a disease listed in a new type of host which is not yet known as a susceptible species, which may endanger the health of the aquatic animal, shall identify the disease in question. Federal Minister for Health.

(3) If there is a reasonable suspicion of a notifiable disease in accordance with Annex 1, the following provisions shall be taken in accordance with § § 20 and 24 TSG.

Measures to be taken before the official disease arrest

§ 18. Where there is a reasonable suspicion of an outbreak of a disease in accordance with Annex 1, the keeper or operator of the farm or the holding shall immediately, from itself, take all possible measures to prevent the spread of the disease. meet.

(2) The suspicious breeding operation/position shall be immediately blocked after the display. In any case, the official blocking notice shall contain the following orders:

1.		no aquaculture animals may be taken out of the locked holding/holding or placed in the locked holding or holding without the approval of the district administrative authority;
2.		Animals may only be disposed of for destruction in accordance with the Animal Materials Act (TMG), BGBl. I n ° 141/2003, as last amended by the Federal Law BGBl. I n ° 13/2006, or for diagnostic purposes;
3.		aquaculture animals from the holding or holding, their parts or intestines may not be used as fish fodder or placed on the market;
4.		parts originating from aquaculture animals, raw materials, products and other objects which may be carriers of contagion may be placed on the market only with the approval of the district managing authority;
5.		Before leaving the facility, persons must take hygienic measures to prevent the spread of disease repudiation, at least to wash hands and to clean and disinfect the footwear, and to remove the clothing from the footwear. change;
6.		Vehicles in particular means of transport must be cleaned and disinfected outside the holding before leaving the holding;
7.		The operator/keeper shall, after taking the samples required in accordance with paragraph 3, immediately remove or remove any fish from the operator/keeper.

(3) The official veterinarian who has been sent in accordance with Section 21 (1) TSG has

1.		appropriate samples according to Annex 7 , and to be sent immediately to the national reference laboratory for the investigation of the presence of pathogens of a disease in accordance with Annex 1;
2.		to record the aquaculture animals (quantity and species) present in the farm or in the holding and to identify the estimated number of animals which have died and which have been contaminated;
3.		check a bookkeeping pursuant to § 8.

Epidemiological studies

§ 19. If, on the basis of the examination of the samples taken in accordance with Article 18 (3), the national reference laboratory confirms the presence of a disease in accordance with Annex 1, epidemiological investigations shall be carried out without delay by the district administrative authority. Where:

1.		potential entry sources and transmission routes,
2.		the period during which the pathogen may have already been present prior to notification of the suspiiton in the holding, and
3.		contact companies to which the pathogen may have been abducted,
to be identified.

Contact holdings or zones

§ 20. (1) If contact companies are determined in accordance with § 19 Z 3, they shall be provisionally closed and the measures pursuant to § 18 (2) and (3) shall be arranged.

(2) The epidemiological investigation pursuant to § 19 that the pathogen may have been introduced into other farms or postures of the same water catchment area, shall be treated as contact holdings.

(3) In accordance with § 19, if the epidemiological investigation indicates that the pathogen may have been introduced into fluent waters, the District Administrative Authority shall, by means of a Regulation, order:

1.		no aquaculture animals may be taken out of the aquatic environment or introduced into the aquatic environment without the authorisation of the district management authority;
2.		Aquatic animals may only be transported for destruction in accordance with TMG or for diagnostic purposes;
3.		Fishing rights and fishing rights authorised shall ensure that they do not spread the disease, and in particular that caught aquatic animals may only be used for human consumption, with the intestines or the intestines being used for human consumption, any other by-products must be removed harmless and should not be used as a feed for aquatic animals.
In addition, the District Administrative Authority shall, in these waters, take samples from the official veterinarian or other appropriate persons and immediately send to the national reference laboratory for the investigation into the presence of pathogens of a disease in accordance with Annex 1.

(4) Where extensive water catchment areas are concerned, the measures referred to in paragraphs 2 and 3 shall be limited to that area in the vicinity of the infected farm, which, according to professional opinion, provides sufficient guarantees that the pathogen will not be dragged further.

Repeal of emergency measures

§ 21. The measures in accordance with § § 18 to 20 shall be repealed if no pathogen is detected by the national reference laboratory in the examination of the samples taken in accordance with § 18 (3) (1).

Section 2

Combating exotic diseases

Measures to be taken after official detection of an exotic disease

§ 22. (1) After the official determination of the outbreak of an exotic disease (Annex 1, item 1), the holding or the holding shall be declared and blocked by the district managing authority for the contaminated operation. The health status referred to in Annex 2 shall be determined by category V. Where a holding consists of a number of fixed assets with regard to the water supply, the following conditions may be imposed after all the necessary examination results have been met:

1.		it is demonstrably that only one part of the plant is affected by the exotic disease and
2.		the parts of the plant and the equipment and materials used for this purpose, which may be carriers of contagion, must be used in a completely separate way; and
3.		it must be excluded a transmission of pathogens from the part of the plant to be blocked to non-blocking parts.

(2) At least the following measures shall be arranged in the official blocking notice:

1.		Abandoned aquaculture animals must be destroyed under the authority of the authorities in accordance with TMG.
2.		Live animals with clinical signs of disease must be killed under official supervision and be destroyed in accordance with TMG.
3.		Whereas it is appropriate to establish a reasonable time limit within which live aquaculture animals, which have reached a normal commercial size and do not show any clinical signs of disease, under official control of the slaughter for the immediate human consumption or for further processing. For this purpose, by means of the introduction of appropriate measures, it must be ensured that the processes which precede the introduction of the animals into the food chain do not result in the spread of disease, in particular by-products which are obtained by TMG to be destroyed and a shipment for further processing shall only be carried out in approved processing plants.
4.		Live aquaculture animals which are not slaughtered within the time limit laid down in accordance with Z 3 shall be killed under official supervision and shall be destroyed in accordance with the TMG.
5.		Vehicles, in particular means of transport in which live or completed aquaculture animals are transported, must be cleaned and disinfected outside the holding before leaving the holding.
6.		After the aquaculture animals have been removed from the holding, they must be cleaned and disinfected by organs in accordance with Section 2b of the TSG, as well as objects which may be carriers of the disease control system.
7.		Parts originating from aquaculture animals, raw materials, products and other objects which may be carriers of contagion may be placed on the market only with the approval of the district administrative authority.
8.		Persons shall, before leaving the facility, have hygienic measures to prevent the spread of disease repudiers, at least to wash their hands and to clean and disinfect the footwear and to change over clothing;
9.		A reasonable time limit shall be laid down within which the farm concerned or the position concerned shall be shut down after cleaning and disinfection.
In addition, it is possible to take the necessary precautions to prevent the transmission of pathogens to other aquatic animals.

(3) All contact holdings or holdings in accordance with section 20 (1) and (2) shall be examined by the district administrative authority for the presence of the exotic disease concerned.

(4) The epidemiological studies referred to in § 19 shall be continued.

Protection and surveillance zones in the case of exotic diseases

§ 23. (1) On the basis of the official statement of the outbreak of an exotic disease (Annex 1 (1)), the competent district administrative authority has, in particular, dependent on the portability of the disease and the topographical situation of the disease, water catchment area, an area which is appropriate for the prevention of the spread of the disease, in order to establish the affected holding (the holding in question) as a protection zone. In the protection zone, all approved or registered holdings and attitudes are to be examined by the district administrative authority on the presence of signs of the exotic disease. Aquaculture animals may be moved from and into the protection zone only with official authorisation, accompanied by an animal health certificate in accordance with Article 13 (2). Abandoned aquaculture animals must be destroyed in accordance with TMG and may only be spent for the purpose of diagnosis or for diagnostic purposes.

(2) Following the protection zone, a surveillance zone shall be established in which a sample-like examination of the holdings shall be carried out. In addition, an additional investigation according to § 7 (2) may be arranged for holdings with species susceptible to exotic diseases. Aquaculture animals may be moved from and into the surveillance zone only with official authorisation, accompanied by an animal health certificate in accordance with Article 13 (2). Abandoned aquaculture animals must be destroyed in accordance with TMG and may only be spent for the purpose of diagnosis or for diagnostic purposes.

(3) If the epidemiological investigation has shown, in accordance with § 19, that the pathogen may have been introduced into fluent waters, the district management authority in the protection and surveillance zone shall have the following to arrange:

1.		no aquaculture animals may be taken out of the aquatic environment or introduced into the aquatic environment without the authorisation of the district management authority;
2.		Aquatic animals may only be transported for destruction in accordance with TMG or for diagnostic purposes;
3.		Fishing rights and fishing rights authorised shall ensure that they do not spread the disease, and in particular that caught aquatic animals may only be used for human consumption, with the intestines or the intestines being used for human consumption, any other by-products must be removed harmless and should not be used as a feed for aquatic animals.
Furthermore, in these waters, the District Administrative Authority shall carry out, by means of the official veterinarian or any other appropriate person, random examination of the presence of pathogens of the disease.

(4) If the area of the necessary protection or surveillance zone exceeds the borough or national border, the authority in whose area of responsibility is the disease establishment shall have the earliest possible protection from the establishment of the protection and The surveillance zone in its local area of responsibility shall inform the Governor of the State and the other authorities concerned for coordination. In this case, the provincial governor must ensure the necessary coordination of the zone boundaries.

(5) In the event of any country or federal border being exceeded by the area of the necessary protection or surveillance zone, the competent State Governor shall immediately inform the Federal Minister of Health and the State Captains of the to inform the other federal states concerned about the coordination. In this case, the Federal Minister has to ensure the necessary coordination of the zone boundaries.

Removal of the sperm and protective measures in the case of exotic diseases

§ 24. (1) The measures referred to in § 22 shall be repealed if the exotic disease is found to be in the state of the disease. The disease shall be deemed to have been granted if:

1.		all animals have been killed, killed or removed from aquaculture of the locked holding or locked position or in the event of a partial lock on the blocked part of the plant, and
2.		the cleaning and disinfection has been completed in accordance with § 22 (1) Z 6.

(2) Protection and surveillance zones in accordance with section 23 shall be repealed as soon as negative results have been completed.

(3) The resurrecation shall be admissible after the expiry of the period in accordance with § 22 (1) Z 9.

Section 3

Combating non-exotic epidemets

Measures to be taken after official identification of a non-exotic disease

§ 25. (1) After the official conclusion of the outbreak of a non-exotic disease (Annex 1 (2)), the holding or the holding shall be declared and blocked by the Regional Administrative Authority for Contaminated Operation. The health status referred to in Annex 2 shall be determined by category V. Where a holding consists of a number of fixed assets with regard to the water supply, the following conditions may be imposed after all the necessary examination results have been met:

1.		it is shown that only one part of the plant is affected by the non-exotic disease and
2.		the parts of the plant and the equipment and materials used for this purpose, which may be carriers of contagion, must be used in a completely separate way; and
3.		it must be excluded a transmission of pathogens from the part of the plant to be blocked to non-blocking parts.

(2) At least the following measures shall be arranged in the official blocking notice:

1.		Abandoned aquaculture animals must be destroyed under the authority of the authorities in accordance with TMG.
2.		Live animals with clinical signs of disease must be killed under official supervision and be destroyed in accordance with TMG.
3.		Live aquaculture animals which do not show any clinical signs of disease may be subject to official supervision
a)			slaughtered for direct human consumption, or
b)			shall be transferred to an approved processing plant for further processing; or
c)			until the commercially available size has been reached in its own holding, or
d)			into another contaminated farm.
		In this case, by means of appropriate measures, it must be ensured that these processes do not cause the disease to be carried out, in particular by eliminating incidental by-products in the course of the slaughter according to TMG.
4.		Vehicles, in particular the means of transport in which live or completed aquaculture animals are transported, must be cleaned and disinfected outside the holding/holding.
5.		Parts originating from aquaculture animals, raw materials, products and other objects which may be carriers of contagion may be placed on the market only with the approval of the district administrative authority;
6.		Persons shall, before leaving the facility, have hygienic measures to prevent the spread of disease repudiers, at least to wash their hands and to clean and disinfect the footwear and to change over clothing;
In addition, it is possible to take the necessary precautions to prevent the transmission of pathogens to other aquatic animals.

(3) All contact holdings or holdings in accordance with Section 20 (1) and (2) shall be examined by the District Administrative Authority for the presence of the non-exotic disease in question.

(4) The epidemiological studies referred to in § 19 shall be continued.

Special measures in health-free farms or areas for the recovery of the disease

§ 26. (1) Where the outbreak of a non-exotic disease (Annex 1 (2)) has been established in a holding which has so far had a health status in category I as referred to in Annex 2 with regard to that disease, the District Administrative Authority shall, if: the operator intends to restore the health status, and to prescribe the measures in accordance with section 22 (2) in the blocking notice.

(2) If the outbreak of a non-exotic disease (Annex 1 (2)) is established in an area (zone, compartment consisting of several holdings) in accordance with Article 10 (2), a eradication programme may be established for the purpose of recovering the disease. to be submitted to the Federal Minister of Health for approval.

Protection and surveillance zones in case of non-exotic diseases

§ 27. (1) On the basis of official identification of the outbreak of a non-exotic disease (Annex 1, point 2), the competent district administrative authority has, in particular, dependent on the portability of the disease and the topographical situation of the disease, water catchment area, an area which is appropriate for the prevention of the spread of the disease, in order to establish the affected holding (the holding in question) as a protection zone. In the protection zone, all approved or registered holdings and postures shall be examined by the District Administrative Authority for the presence of signs of non-exotic disease. Aquaculture animals from holdings in the protection zone may only be transported if:

1.		ensures that the health status of aquatic animals at the destination is not endangered, or
2.		the animals are harvested and killed under official supervision for human consumption or for further processing, provided that they do not show clinical signs of disease and have reached the normal commercial size.
Abandoned aquaculture animals must be destroyed in accordance with TMG and may only be spent for the purpose of diagnosis or for diagnostic purposes.

(2) Following the protection zone, a surveillance zone shall be established in which a sample-like examination of the holdings and the flowing waters shall be carried out. For holdings with species susceptible to non-exotic diseases, an additional investigation according to § 7 (1) may also be ordered. Aquaculture animals may only be transported from the surveillance zone, aquaculture animals from holdings in the protection zone may be moved only if:

1.		ensures that the health status of aquatic animals at the destination is not endangered, or
2.		the animals are harvested and killed under official supervision for human consumption or for further processing, provided that they do not show clinical signs of disease and have reached the normal commercial size.
Abandoned aquaculture animals must be destroyed in accordance with TMG and may only be spent for the purpose of diagnosis or for diagnostic purposes.

(3) If the epidemiological investigation has shown, in accordance with § 19, that the pathogen may have been introduced into fluent waters, the district management authority in the protection and surveillance zone shall have the following to arrange:

1.		no aquaculture animals may be taken out of the aquatic environment without the authorisation of the district management authority;
2.		Fish and crustaceans may only be used for destruction in accordance with TMG or for diagnostic purposes;
3.		Fishing rights and fishing rights authorised shall ensure that they do not spread the disease, and in particular that caught aquatic animals may only be used for human consumption, with the intestines or the intestines being used for human consumption, any other by-products must be removed harmless and should not be used as a feed for aquatic animals.
Furthermore, in these waters, the District Administrative Authority shall carry out, by means of the official veterinarian or any other appropriate person, random examination of the presence of pathogens of the disease.

(4) If the area of the necessary protection or surveillance zone exceeds the borough or national border, the authority in whose area of responsibility is the disease establishment shall have the earliest possible protection from the establishment of the protection and The surveillance zone in its local area of responsibility shall inform the Governor of the State and the other authorities concerned for coordination. In this case, the provincial governor must ensure the necessary coordination of the zone boundaries.

(5) In the event of any country or federal border being exceeded by the area of the necessary protection or surveillance zone, the competent State Governor shall immediately inform the Federal Minister of Health and the State Captains of the to inform the other federal states concerned about the coordination. In this case, the Federal Minister has to ensure the necessary coordination of the zone boundaries.

Removal of the sperm and protective measures in case of non-exotic diseases

§ 28. (1) The measures pursuant to Sections 25 and 26 (1) shall be repealed if the non-exotic plague is found. The disease shall be deemed to have been granted if:

1.		all animals have been killed, killed or removed from aquaculture in the locked holding or in the event of a partial barrier to the locked part of the plant, and
2.		after removal of the aquaculture animals from the holding, as well as articles which may be carriers of the disease control system, and disinfected by means of organs according to § 2b of the TSG.

(2) Protection and surveillance zones pursuant to § 27 shall be repealed as soon as negative results have been completed, or an approved eradication programme shall enter into force.

Section 4

Control measures for the detection of diseases in wild aquatic animals

Protective measures for exotic diseases

§ 29. Where an exotic disease is found in wild aquatic animals (Annex 1 (1)), the District Administrative Authority shall, by means of a Regulation, order:

1.		no aquaculture animals may be introduced into or out of the aquatic environment without authorisation from the district management authority;
2.		Aquatic animals may only be transported for destruction in accordance with TMG or for diagnostic purposes;
3.		Fishing rights and fishing rights authorised shall ensure that they do not spread the disease, and in particular that caught aquatic animals may only be used for human consumption, with the intestines or the intestines being used for human consumption, any other by-products must be removed harmless and should not be used as a feed for aquatic animals.
In addition, the District Administrative Authority, through the official veterinarian or other suitable persons, shall regularly examine the water catchment area concerned for the presence of the disease of the disease and, in accordance with the individual case, shall take further measures to: to prevent the disappearance of the disease.

Protective measures for non-exotic diseases

§ 30. In the case of wild aquatic animals in an area (zone, compartment) declared free of this disease in accordance with Article 10 (2), a non-exotic disease (Annex 1 (2)) has been established, the District Administrative Authority shall have a regulation order the following:

1.		no aquaculture animals may be taken out of the aquatic environment without the authorisation of the district management authority;
2.		Aquatic animals may only be transported for destruction in accordance with TMG or for diagnostic purposes;
3.		Fishing rights and fishing rights authorised shall ensure that they do not spread the disease, and in particular that caught aquatic animals may only be used for human consumption, with the intestines or the intestines being used for human consumption, any other by-products must be removed harmless and should not be used as a feed for aquatic animals.
In addition, the District Administrative Authority, through the official veterinarian or other suitable persons, shall regularly examine the water catchment area concerned for the presence of the disease of the disease and, in accordance with the individual case, shall take further measures to: to prevent the disappearance of the disease. The safeguard measures shall be repealed if these studies demonstrate that there is no longer any risk of the disappearance of the disease.

Section 5

Vaccinations

Prohibition of vaccination and exceptions

§ 31. (1) vaccinations against diseases referred to in Annex 1 shall be permitted only in accordance with the following provisions and only with animal vaccines authorised in Austria (§ 12 TSG).

(2) The vaccinations against exotic diseases (Annex 1 (1)) shall be prohibited, except in the case of an authorisation or arrangement of the Federal Minister of Health.

(3) In the areas referred to in § 10, vaccination against non-exotic diseases (Annex 1, section 2) is prohibited, except in the case of vaccination, in the context of a eradication programme approved by the Federal Minister for Health.

(4) The provisions of paragraphs 1 and 2 of this Article shall apply to vaccinations in the context of scientific studies for the purpose of developing vaccines under controlled conditions if, before they are carried out, they shall be submitted to the Federal Minister for Health at least two months before the date of implementation. its implementation and has not prohibited its implementation within a period of six weeks.

(5) Intended vaccinations against non-exotic diseases (Annex 1 (2)) are outside the areas referred to in § 10, provided that the animals to be vaccinated are not held solely for ornamenting purposes and are not placed on the market, in accordance with Article 12 (2) of the TSG to be notified in advance to the official veterinarian of the relevant district administrative authority.

(6) All vaccinations carried out by aquatic animals against notifiable diseases in accordance with this Regulation must be reported in accordance with Section 12 (3) of the TSG.

5. Main piece

Closure and transitional provisions

Transitional provisions

§ 32. (1) Holes in accordance with § 3 (1), who were active in the framework of the national regulations when this Regulation entered into force, are considered provisional. These establishments shall, within four months of the entry into force of this Regulation, apply for authorisation to the District Administrative Authority, indicating the nature of their activity and the submission of relevant documents within the meaning of Section 3 (2). The approval authority as well as the authority which may be responsible for individual farms shall immediately control the establishments. After the result of the inspection, the holding is either to be approved or to proceed in accordance with Section 3 (5). For establishments which have not applied for authorisation in a timely manner, the provisional authorisation shall expire at the end of the four-month period referred to above.

(2) From the date of entry into force of this Regulation, the German Federal Veterinary Authority (BVO 2008), BGBl, is the subject of the Internal Market Regulation 2008 (BVO 2008). II No 473/2008, in accordance with the provisions laid down in Article 3 of this Regulation.

(3) establishments which have been approved before the entry into force of this Regulation in accordance with Article 14 of the BVO 2008 are considered to be establishments approved in accordance with Article 3 of this Regulation. Pursuant to this Regulation, any additional information and documents necessary for the purposes of Section 3 (2) shall be submitted to the competent district administrative authority as at 31 March 2010 and the competent district administrative authority shall carry out any necessary checks until 31 July at the latest. 2010.

(4) At the time of entry into force of this Regulation already existing establishments, attitudes or installations pursuant to § 4 (1), which are to be registered under this Regulation, shall have-except in the case of paragraph 5-within eight weeks after entry into force of this Regulation shall be notified to the District Administrative Authority, indicating the nature of its activity and the presentation of the relevant documents within the meaning of Article 4 (2).

(5) At the date of entry into force of this Regulation already existing establishments, postures or installations according to § 4 (1), which are to be registered under this Regulation and at the last annual VIS survey according to § 5 animal identification and Registration Ordinance 2007, BGBl. II No 166/2007, which marked the crossing of the field "Operation with aquaculture (pond economy)", are considered provisional. The documents required for the final registration within the meaning of Section 4 (2) shall be submitted to the District Administrative Authority until 31 March 2010 at the latest.

Personal names

§ 33. All personal names used in this Regulation shall apply equally to persons of both female and male sex.

Penalties

§ 34. (1) Violations of bids or prohibitions of provisions of the second main item of this Regulation are punishable by penalty in accordance with § 15 Z 7 of the TGG.

(2) Violations of bids, prohibitions or orders of 3. and 4. The main part of this regulation is punishable under § § 63 and 64 of the TSG.

Implementation of EU provisions

§ 35. This Regulation lays down Directive 2006 /88/EC laying down health and hygiene rules for aquaculture animals and aquaculture products and for the prevention and control of certain diseases of aquatic animals, OJ L 327, 30.4.2006, p. No. OJ No L 328, 24. 11. 14, as well as Directive 2008 /53/EC amending Annex IV to Council Directive 2006 /88/EC as regards the spring premium of carp (SVC), OJ L 136, 31.4.2008, p. No 117 of the 30. 4. 27, 2008, p. 27, transposed into Austrian law.

Entry into force and external force

§ 36. (1) This Regulation shall enter into force 1. October 2009, in force.

(2) With the expiry of 30 September 2009, the Fishing Ordinance of 2005, BGBl. II No 49/2006, except for force.

Stöger