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Agricultural Law Amendment Act 2009

Original Language Title: Agrarrechtsänderungsgesetz 2009

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86. Federal Law, which amends the Act on the Law of the Market in 2007, the Law on the Law of the Market, the Plant Protection Act 1997, the Plant Protection Act 1997, the Plant Protection Act of 1995 and the Forestry Law of the Propagation of the Forestry Act 2002. (Agricultural Law Amendment Act 2009)

The National Council has decided:

table of contents

Article Subject

1 Amendment of the Law on the Rules of Procedure 2007

2 Amendment of the Law on the Rules of Procedure

3 Amendment of the Plant Protection Products Act 1997

4 Amendment of the Plant Law 1997

5 Amendment of the Plant Protection Act 1995

6 Amendment of the Formal Inheritance Law Act 2002

Article 1

Federal law amending the Law on the Law of the Market 2007

The Market Order Law 2007-MOG 2007, BGBl. I n ° 55 as last amended by the Federal Law BGBl. I n ° 72/2008, shall be amended as follows:

(1) The following paragraph 5 is added to § 7:

" (5) In so far as the Community rules on market rules provide Community aid to the Member States for participation in marketing and diversification measures, or to finance pro-rata costs, the Federal Minister of the Federal Republic of Germany for agriculture, forestry, the environment and water management, participation in these measures, as well as their design and technical implementation, in so far as they are defined in the underlying rules of the Community's right of market organisation, are to be determined or limited. In the case of an additional national aid provided for in the underlying provisions of the Community's rules on the organisation of the market, and in the case of national co-financing, the countries concerned shall be subject to the conditions laid down in Section 3 Agriculture Act 1992, BGBl. No 375, as amended, to participate in the financing. "

2. § 8 together with the title is:

" Direct Payments

§ 8. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation, in so far as the relevant provisions of the Community rules on the organisation of the market in respect of technical processing, apply. Direct payments within the meaning of Art. 2 lit. (d) Regulation (EC) No 73/2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003, OJ L 327, 30.12.2007, p. No. OJ L 30, 31.01.2009, p. 16, and insofar as these are determined, determined or limited in the underlying provisions of the Community rules on the organisation of the market, the more detailed rules are adopted.

(2) In application of Article 28 (1) of Regulation (EC) No 73/2009, no direct payments shall be granted if the total amount to be granted to the farmer for the application year is less than 100 euros.

(3) In the implementation of the single payment scheme referred to in Title III of Regulation (EC) No 73/2009, the following shall be taken as follows:

1.

The single payment scheme shall include:

a)

In the calendar year 2010, the specific quality premium for durum wheat, the premium for protein crops, the area aid for hops and the slaughter premium on the basis of the number of hectares, or Item of bovine animals for which direct payments have been granted to the individual farmer in the application years 2006 to 2008 under the relevant support scheme (eligible production units),

b)

in the calendar year 2011, the area payment for nuts based on the number of hectares for which direct payments were granted to the individual farmer in the application years 2006 to 2008 under this support scheme,

c)

in the calendar year 2012, the aid for starch potato producers on the basis of the quantity of starch potatoes covered by the cultivation contract for the marketing year 2010/11;

d)

in the calendar year 2012, the processing aid for dried fodder on the basis of the eligible quantities of the application years 2006 to 2008,

e)

in the calendar year 2012, the processing aid for flax and hemp grown for fibre on the basis of the quantities eligible for aid in the application years 2006 to 2008, and

f)

in the calendar year 2012, the potato starch premium on the basis of the quantity of starch potatoes covered by the cultivation contract for the marketing year 2010/11.

The reference amount shall be calculated on the basis of the production units eligible for the premium multiplied by a premium rate resulting from the total available in accordance with Z 4, divided by the number of production units eligible for premium.

2.

A case of hardship shall be the case where the production of a farmer in the sectors and years referred to in Z 1 was affected by force majeure or exceptional circumstances within the meaning of Article 31 of Regulation (EC) No 73/2009 and in the case of the period of reference of the reference amount was at least 15% and 100 euro less than in the non-affected period or, if the whole period is concerned, in 2005. In the event of a hardship case, the reference amount to be included in accordance with Z 1 shall be based on the non-adverse period, or of the year 2005.

3.

A special situation within the meaning of Article 41 (4) of Regulation (EC) No 73/2009 (special case) is to be found in the case of investments in production capacity by the creation of new standing places for cattle rearing or by the purchase of goods in accordance with Z 1. Eligible arable land in the period 1. From January 2006 to 31 December 2008, and directly linked to an increase in the direct payments referred to in Z 1, an increase in production capacity-using the criteria of the following sentence-was carried out. by at least 10% and 200 Euro in relation to the production capacity of 2005. In the event of a special case, an additional reference amount of EUR 30 shall be obtained for each newly created parking space or position. 45 euros per hectare of farmland purchased. Areas in respect of which payment entitlements have already been transferred shall not be included in the calculation of the additional reference amount. If the amount of the amount required for the financing of the special cases is more than 5% of the total amount, the above-mentioned premium rates shall be reduced to the extent aliquot is that no more than 5% of the total amount is required.

4.

The total amounts available for the direct payments and allowances to be included in the single payment scheme in accordance with Z 1 in accordance with Annex XII to Regulation (EC) No 73/2009 and the total amount for the slaughter premium shall be those for which: Financing of the special cases required under Z 3 to be deducted. The remaining amounts are available for allocation to farmers in accordance with Z 1 and 2, with the amounts of crop sectors covered by the inclusion in the single payment scheme in 2010 and 2012 respectively. are to be considered together.

5.

In application of Article 41 (2) of Regulation (EC) No 73/2009, farmers who are

a)

since 15 May of the year preceding the submission of the application, have started an agricultural holding in its own name and on its own account and no payment entitlements for this establishment are transferred by way of the overall succession and,

b)

the conditions for the establishment aid in accordance with Article 22 of Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development, OJ L 327, 22.11.2005, p. No. 1 OJ L 277, 21.10.2005, p.

Payment entitlements are allocated from the national reserve. The value of the payment entitlements shall be equal to the regional average of Z 9. The number of payment entitlements to be allocated is the result of the available amount of eligible land for which no payment entitlements have been allocated so far, with at least 4 ha of eligible land being available. Areas for which payment entitlements have been transferred shall not be included.

6.

In application of Article 41 (3) of Regulation (EC) No 73/2009, if the number of hectares is lower than the number of payment entitlements, a reallocation of payment entitlements may take place.

a)

in the management of alms or pastures with two or more distributors,

b)

in the event of the inclusion of at least 0.3 ha of eligible operating areas in public measures and in the public interest, such as the laying of cables, pipelines and the like or the assignment of land to the public sector including expropriations,

c)

in the case of basic consolidation and resettlement procedures, and

d)

for farmers,

aa)

which have a milk quota on 31 March of the application year,

bb)

which, in the period between 1 April 1995 and 31 March 2007, have acquired at least 10% of the milk quota available on 31 March 2007, by means of tradability; and

cc)

the milk premium share of the whole single farm payment at the time of inclusion in the single farm payment shall be at least 25%.

7.

Until 31 December 2010, the areas declared under Article 38 of Regulation (EC) No 73/2009 must not be used for the production of fruit and vegetable products or of food potatoes or for the establishment of a nursery, with the exception of the Cultivation of secondary crops are used.

8.

The dates for compliance with the minimum agricultural activity within the meaning of Article 44 (2) of Regulation (EC) No 73/2009 shall apply:

a)

in the case of sheep and goats, the average or cut-off date according to the list of animals for the respective collection request; and

b)

in the case of bovine animals, the number of days distributed evenly over the year, with the establishment of existing dates for the determination of the stocking density in the context of other measures.

In relation to the slaughter premium for large cattle during the reference period, the coefficient shall be converted to the coefficient of 0.7 and for calves to the coefficient of 0.25 in large-scale units.

9.

The regional average value of the payment entitlement amounts to 220 euros for the entire federal territory.

10.

Where, pursuant to Article 34 (2) of Regulation (EC) No 73/2009, use of the eligible hectare for non-agricultural activities or in the event of exceptional climatic conditions or major natural disasters is laid down in the rules of the the Community rules on the organisation of the market in which the use of eligible areas is to be diverted, the more detailed conditions and conditions may be laid down by means of a regulation.

11.

With effect from the application year 2006, up to € 300 000 will be available from the national reserve for the allocation to farmers,

a)

the investments in accordance with Section 5 (3) (1) of the Regulation on the Rules of the Market Rules; BGBl. I n ° 55/2007, but have not reached the required limit value if, on the basis of the animal stock of the year 2006, which-calculated on the basis of the reference dates referred to in Z 8-the conditions for the the payment of the premium for the calculation of the single farm payment of 2005, the limit value is reached in accordance with Section 5 (3) (1) of the Market Rules Governing Law (fictitious direct payment), and

b)

have made the investments in accordance with Section 5 (3) (2) and (3) of the Market Order Transfer Act, namely the required limit value for the reference amount, but not the required minimum area extent, if based on the digitally determined the surface dimensions of the areas purchased or pachuted in the long term by 15 May 2004, in accordance with the 2006 collection request, the minimum level of area is reached,

and apply for an allocation from the national reserve. The procedure laid down in Article 5 (3) (3) (1) to (3) and (6) of the Rules Governing the Rules of Procedure for the calculation of the additional reference amount shall be applied mutatis mutually, the allocation being based on the fictitious direct payment amount in 2006. In the case of the lit. a will increase the payment entitlements belonging to the farmer in 2006 and in the case of the lit. b will be allocated new payment entitlements. If the total amount available for allocation is exceeded, the additional reference amount shall be shortened in a linear manner. The technical design of the application and of the necessary evidence must be determined by regulation.

12.

Where payment entitlements without land are definitively transferred to other farmers, 30% of the payment entitlements covered by the transfer shall be allocated to the national reserve.

(4) According To Art. 68 (1) lit. (b) Regulation (EC) No 73/2009 will provide for an animal-related payment (hereinafter referred to as the dairy cow premium) to meet specific disadvantages in the milk products sector, in accordance with the following provisions:

1.

The data from the electronic database for bovine animals on the keeping of dairy cows in connection with the submission of the aid application pursuant to Article 19 of Regulation (EC) No 73/2009 for the calendar year in question shall be deemed to have been submitted by the holder of the farmer's licence on the dairy cow premium.

2.

The dairy cow premium shall be applied to farmers who have an individual milk quota on 31 March of the calendar year in question for the existing number of dairy cows (eligible dairy cows), but not more than one through a Regulation closer to the defining limit. The upper limit of eligible dairy cows per farmer shall be determined on the basis of the number of dairy cows of an average milk-producing holding, but not more than 2.5 times the average number of dairy cows.

3.

The dairy cow premium shall be covered by the provisions of Article 69 (6) lit. (a) of Regulation (EC) No 73/2009 for the calendar year in question for Austria, as well as any funds available in the national reserve.

4.

Regulation (EC) No 1234/2007, pursuant to Article 182 (7) of Regulation (EC) No 1234/2007, may provide for additional aid to the extent of not more than 55% of the maximum amount referred to in Article 69 (4) of Regulation (EC) No 73/2009, provided that the countries: in accordance with § 3 of the Agricultural Law 1992, BGBl. No 375, as amended, to participate in the financing.

5.

The amount to be granted per eligible dairy cow shall be determined by dividing the funds available under Z 3 and 4 for the calendar year in question by the number of dairy cows eligible for premium milk according to Z 2. In so doing, account should be taken of the average cost-degression of dairy holdings within the upper limit of three categories, with the premium level per eligible milkcow of the first category by a factor of 1, which shall be the first category of the milk-cow holding. the second category, by a factor of 0.65, and that of the third category by a factor of 0.48.

(5) In the case of the implementation of the other aid schemes referred to in Title IV of Regulation (EC) No 73/2009, the following shall be taken as follows:

1.

Payments linked to production remain:

a)

the suckler cow premium,

b)

up to and including the 2010 application year, the area payment for nuts and

c)

up to and including the 2011 application year, the aid for starch potato producers.

2.

For the purpose of granting aid for nuts in accordance with Article 82 of Regulation (EC) No 73/2009, the minimum area of application for a fruit orchard is 0.25 ha and the minimum number of trees in walnuts is 100 trees per hectare of orchard.

3.

For the granting of the suckler cow premium

a)

, there is no quantitative limit on the individual milk quota;

b)

may be provided for by Regulation (EC) No 73/2009, in accordance with Article 111 (5) of Regulation (EC) No 73/2009, to grant an additional suckler cow premium of up to EUR 30, taking into account the extent of the available funds, provided that the Countries in accordance with § 3 of the Agricultural Law 1992, BGBl. No 375, as amended, to participate in the financing;

c)

the minimum rate of use of the premium rights shall be set at 90%;

d)

in the case of the transfer of premium rights without simultaneous transfer of the holding, 15% of the premium rights requested for transfer shall be supplied to the national reserve, with complete numbers being rounded off;

e)

in the case of the transfer of premium rights without the simultaneous transfer of the holding, at least one premium right shall be transferred to other farmers;

f)

a temporary cession of premium rights is not permitted;

g)

may be granted for suckler cows which are applied for under the suckler cow premium scheme and which exceed the individual ceiling, farmers may be granted premium rights from the national reserve if their holdings are at the beginning of the of the 12-month period of application shall not have an individual milk quota for deliveries and the number of the single farm payment reference amount referred to in Article 37 of Regulation (EC) No 1782/2003 and in accordance with Article 5 (3) of Regulation (EC) No 1782/2003 Z 1 and 5 of the Market Order Transfers Act Special premium for male bovine animals does not exceed 50 units. Where more than 50 units have been included in the reference amount, premium rights may be granted to a maximum of 15 units per year. Premium rights shall be granted only if at least two suckler cows are obtained on the basis of the individual maximum limit. If, in one year, the sum of the premium rights requested from the national reserve exceeds the amount of premium rights available in the national reserve, an aliquot reduction shall be made;

h)

the suckler cow premium for Kaline (heifers) and suckler cows shall be managed separately. The national ceiling for Kalim is equal to the number of premium rights not allocated in the year in question from the national reserve. The premium for Kaline with an age at the start of the retention period of eight to a maximum of 20 months shall be for applicants who have an individual maximum limit and whose holdings do not have an individual milk quota for deliveries. at the beginning of the 12-month period of application, but not more than 20% of the individual maximum limit fixed for the same year. The remaining quantity still available in each year from the national limit for Kalim shall be available for applicants who keep Kalim and are either farmed holdings at the time the application is submitted, an officially recognised milk and/or meat performance testing, or otherwise demonstrate the quality criteria required for that purpose.

(6) The processing aid for short flax fibre and hemp fibre may, in accordance with the second subparagraph of Article 92 (1) of Regulation (EC) No 1234/2007, also be applicable to short flax fibre containing impurities and cranes of 7.5% to 15% and for short flax fibres Hemp fibres with a content of impurities and cranes of 7.5% to 25% shall be granted.

(7) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may lay down, by means of a Regulation, the more detailed conditions and other provisions relating to the technical implementation of the measures referred to in paragraphs 2 to 6. In particular, it is also possible to establish, by means of a regulation, which provisions of the suckler cow premium scheme are to be applied in accordance with the milk cow premium scheme. "

3. In Section 10 (2), the word order shall be " pursuant to Regulation (EC) No 1788/2003, OJ L 327, 30.4.2003 No. OJ L 270, 21.10.2003, p. 123 through the phrase "Regulation (EC) No 1234/2007" replaced.

4. In § 10 (2), the following Z 1a and 1b shall be inserted:

" 1a.

For the 12-month periods 2009/10 and 2010/11 there are respectively 29,000 tonnes and for the 12-month periods 2011/12, 2012/13 and 2013/14 there are respectively 30 000 tonnes from the national reserve for single-farm allocation as a milk quota for deliveries to the , with a view to determining, by means of a Regulation, on the basis of the respective market situation and the outlets in the milk sector, whether a single operational allocation should in fact be carried out for the 12-month period concerned. The minimum allotted quantity is 100 kg. The allocation shall be made in accordance with Z 1 to milk producers, who shall:

a)

have a milk quota for deliveries on 1 April of the relevant 12-month period,

b)

have delivered milk to purchasers during the previous twelve-month period; and

c)

for the twelve-month period preceding the allocation, have not shown any transfer of milk quotas in accordance with Z 8 as the farmers who have been spent.

The presence of the one in the lit. a to c conditions in connection with the submission of the aid application under Article 19 of Regulation (EC) No 73/2009 for the year during which the 12-month period has commenced shall be deemed to apply to the individual quota allocation, to the extent that: not up to a date to be determined by regulation, which does not follow the 31. if the milk producer has expressly withdrawn his application for a quota allocation or, if he has not submitted an application for aid, a request for quota allocation shall be made.

1b.

During the 12-month period of 2009/10, milk producers with a registered office in Austria will be allocated a quota for direct sales from the national reserve for the marketing of milk produced on an alpine pasture located in Germany, if the The management of the alpine pasture and the marketing on the basis of the better access possibilities are mainly carried out from Austria. The allotment will be allocated to the alp in the amount of the quota for direct sales allocated by Germany for this alpine pasture. "

5. § 10 para. 2 Z 2 lit. c is:

" (c)

The ratio of the base levy to the levy in accordance with lit. (b) shall be 0.7 to 1, taking into account the individual government-owed levy, and 0.4 to 1 from the 12-month period of 2009/10. "

6. Section 10 (2) Z 2 shall be followed by the following lit. d is added:

" (d)

To the extent that the increased excess levy is applied in accordance with Article 78 (1), third subparagraph, of Regulation (EC) No 1234/2007, the surplus levy shall be established in accordance with the provisions of this Regulation. (c) to divide the ratio. "

7. The following Z 2a is inserted in Section 10 (2):

" 2a.

In the event of the national quota being exceeded, producers ' contribution to the payment of the levy due for direct sales after reallocating the unused share of the national quota (salting) shall be carried out in accordance with the appropriate application of the Method according to Z 2 determined. "

8. § 10 para. 2 Z 3 is deleted.

9. In Section 10 (2) (4), the phrase shall be: "Inactivity according to Z 3" through the phrase "Inactivity pursuant to Article 72 (1) of Regulation (EC) No 1234/2007" replaced.

10. In Section 12 (2), the word order shall be "in accordance with Article 5 in conjunction with Annex IV to Regulation (EC) No 1782/2003" through the phrase 'in accordance with Article 6 in conjunction with Annex III to Regulation (EC) No 73/2009' replaced.

(11) The following paragraph 3 is added to § 28:

" (3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may lay down detailed rules for the implementation of the integrated administration and control system within the meaning of Article 14 of Regulation (EC) No 73/2009 by means of a regulation. in respect of the components of this system. In doing so, it is necessary to ensure that, with effect from the application year 2010

1.

the reference plot as a geographically delimited area with an individual identification number of the national identification system registered in the geographical information system (GIS) within the meaning of Article 17 of Regulation (EC) No 73/2009 is the land part of the field, where the eligible area has to be part of the reference parcels by location and extent,

2.

the location and extent of the reference plot in the GIS are graphically and digitally imaged and identified using the digital cadastral map and the orthobilders (court map), and

3.

For the digital investigation according to Z 2, only the AMA or entities according to § 6 para. 2 will be charged. "

(12) The following paragraphs 4 to 6 are added to § 32:

" (4) § 8 in the version of the Federal Law BGBl. I No 86/2009 shall enter into force 1. Jänner 2010 in force.

(5) Regulations according to § 8 in the version of the Federal Law BGBl. I No 86/2009 may be adopted from the date of the adoption of this Federal Law. However, they do not appear at the earliest with 1. Jänner 2010 in force.

(6) On facts,

1.

§ 8 para. 2 Z 3 in the version of the Federal Law BGBl (Federal Law Gazette) is the one that was realized until December 31, 2007. I No 72/2008 and

2.

§ 8 sec. 2 Z 6 in the version of the Federal Law BGBl is realized until December 31, 2008. I No 72/2008

to apply. § 8, with the exception of subsection 2 Z 3 and 6 in the version of the Federal Law BGBl (Federal Law Gazette), is based on facts that have been realized by 31 December 2009. I n ° 72/2008 should continue to apply with the proviso that payment entitlements to the extent of the regional average value are to be allocated to farmers in accordance with Article 8 (2) (2) (e). "

Article 2

Federal law amending the Law on the Rules of Procedure

The Market Rules Overline Act, BGBl. I n ° 55/2007 as last amended by the Federal Law BGBl. I n ° 72/2008, shall be amended as follows:

1. § 1 para. 2 Z 20 is deleted.

2. § 1 (8) reads:

" (8) The regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on an area identification based on a geographical information system (INVEKOS-GIS-Ordination), BGBl. II No 335/2004, shall remain in force until 31 July 2009 as federal law. "

Article 3

Federal law amending the Plant Protection Products Act 1997

The Plant Protection Products Act 1997, BGBl. I n ° 60, as last amended by the Federal Law BGBl. I No 55/2007, is amended as follows:

1. § 3 (2) reads:

" (2) There is no need for authorisation

1.

the verifiable levy for storage followed by export from the territory of the Community;

2.

the storage and circulation of plant protection products which are verifiably intended for use in another Member State and which are authorised there; and

3.

the proven storage for disposal or return to the donor.

Plant protection products to which the conditions of Z 1, 2 or 3 are met shall be labelled without delay in such a way as to make clear and without doubt the intended purpose of the intended purpose. The evidence shall be provided by documentation of the relevant documents, in particular as regards the origin and destination of the plant protection products. "

2. In § 3 (4) the following sentences shall be inserted after the first sentence:

" With the message, the storage and delivery points are to be announced. The placing on the market shall be authorised from registration in the register of plant protection products. "

3. In Section 11 (2), the previous Z 1 and 2 are given the names "2." and "3." ; the following Z 1 shall be inserted:

" 1.

has the same origin as the reference product, in that it was produced by the same undertaking or by a related undertaking or by a licence according to the same formula,

4. § 20 (4), first sentence reads:

"No information such as" non-toxic "or" non-harmful "or any other information likely to be misled may be affixed to the packaging."

5. The following paragraph 6 is added to § 20:

" (6) Plant protection products which are registered in accordance with § 11 or are registered in accordance with § 3 (4) may be placed on the market with a new label only if the trade name, the marketing authorisation holder, the registration number and the The batch number of the original marking shall continue to be clearly visible, legible and indelible. Plant protection products, which are reported in accordance with Article 3 (4) and do not have original German-language labelling, may only be placed on the market if, in addition, a German-language marking is affixed to the trade package and a Instructions for use in German language are attached. "

6. § 24 (1) reads:

" (1) Plant protection products may only be advertised if they are allowed to be placed on the market. The advertising may only be used in conjunction with the registered trade name and the plant protection product register number (Section 20 (1) (2)) and for the plant protection products authorised in accordance with § 11 only in conjunction with the The number of plant protection products (Section 20 (1) (2)) and the additional designation pursuant to section 11 (8) are to be made. For the plant protection product notified in accordance with Article 3 (4), the approval number of the home Member State in which the initial authorisation was issued must also be indicated. "

7. In Section 25 (1), the phrase in the entry section shall be the following: "The Applicants" through the phrase " The Notifiers according to § 3 Paragraph 4 replaced; in Z 2 the word "and" ; at the end of the Z 3, the point by the word "and" , the following Z 4 shall be added:

" 4.

the termination of the authorisation in the Member State of origin of the plant protection product in the case of authorisations according to § 11 and § 12. "

8. § 25 (2) reads:

" (2) Within three months of the end of the calendar year following the end of the calendar year, the Federal Office for Food Security shall report to the Federal Office for Food Security in writing immediately in writing, according to § 3 (4) and

1.

the names (in accordance with internationally recognised or equivalent transport names) and the quantities of each active substance which they place on the domestic market each year and which they have spent annually by them from the domestic territory plant protection products and

2.

the names (trade name and plant protection product register number) and the quantities of each plant protection product which are placed on the market annually by them and which have been brought from them annually by them. "

9. In § 27 para. 4 Z 2 at the end of the lit. b the word "or" and at the end of the lit. (c) the point in each case replaced by a dash; the following lit. d and e shall be added:

" (d)

it is shown that it is intended for use in another Member State and is authorised there, or

e)

is demonstrably intended for export from the territory of the Community. "

10. § 28 (9).

11. § 29 together with headline reads:

" Measures and provisional seizure

§ 29. (1) If there is a reasonable suspicion that plant protection products do not comply with this federal law, the supervisory authorities may order the necessary measures to raise the defect, subject to a reasonable period of time to be set at the same time, such as: in particular

1.

the prohibition of placing on the market until the production 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.

the information of the purchasers, with reference to the possible danger;

6.

the immediate reporting obligation on the implementation of the measures ordered by the authorities;

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 materials;

11.

the revocation of advertising in the form provided for in Article 24 (2).

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

(3) The supervisory bodies shall report to the district management authority,

1.

if plant protection products do not comply with the provisions of this Federal Act and the regulations based on them, or

2.

if a measure ordered by the authorities for the correction of the defect or the disconnection of risks in accordance with paragraph 1 or other obligation 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 depart from the ad if:

1.

the plant protection product has only minor defects, or

2.

there is only a suspicion of a minor culpable debt.

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 (6) of the Health and Nutrition Security Act, BGBl. I No 63/2002, remains unaffected.

(6) The supervisory bodies shall provisionally seize objects if plant protection products do not comply with the provisions of this Federal Act or if a measure ordered by the authorities for the correction of defects or disconnection in accordance with the provisions of paragraph 1 of this Article has not been carried out or has not been given within the time limit set.

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

(8) Within five weeks of the execution of the seizure and in the presence of the conditions laid down in paragraph 6, the district administrative authority shall order the seizure with a decision. Otherwise, the provisional seizure shall not enter into force.

(9) 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.

(10) 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.

(11) The items provisionally seized or confiscated 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.

(12) The maintenance of the objects in operation before damage is the responsibility of the previously authorized person. 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 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.

(13) If the goods seized on a provisional basis or seized items cannot be left on the holding, the person entitled to dispose of the goods has to bear the transport and storage costs. The district administration authority shall be informed of the obligation to reimbursed expenses. An appeal against the communication does not have suspensive effect.

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

Article 30 (1) Z 3 reads as follows:

" 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 and electronic media available free of charge on request, or to return it within a reasonable period of time, and "

13. In § 30, paragraph 2 shall be replaced by the following paragraph 2; the following paragraphs 3 and 4 shall be added:

" (2) Anyone who intends to place plant protection products on the market in Austria shall have in all relevant documents, in particular invoices, delivery notes, business records, anbots and orders lists, the plant protection products with the the registered trade name and the plant protection product register number and, where appropriate, the additional name in accordance with section 11 (8). For plant protection products notified in accordance with Article 3 (4), the approval number of the home Member State in which the initial authorisation was issued must also be indicated.

(3) The written records and other documents within the meaning of paragraph 1 shall be kept for a period of three years.

(4) The business and holder of the business shall comply with the obligations laid down in paragraphs 1 and 2 of this Article on the usual business and operating hours, even during their absence by a responsible officer. "

14. § 32 reads:

" § 32. The payment of fees for the administrative activities is based on § 6 para. 6 of the Health and Food Safety Act, BGBl. I No 63/2002. '

15. In § 34 paragraph 1 Z 1 lit. f is the quote "§ 30 (1) or (2)" by quoting "§ 30 para. 1, 2, 3 or 4" replaced.

16. In § 34 para. 1 Z 2 at the end of the lit. e replaces the item with a coat of paint; the following lit. f is added:

" f)

the measures in accordance with § 29 (1) shall not be complied with or not in good time. "

17. In § 35 (1) the word order shall be "seized objects for expired" through the phrase "confiscated property irrespective of the prosecution or conviction of a particular person for expired" replaced.

18. The following paragraph 13 is added to § 37:

" (13) Who at the time of the entry into force of the Federal Law BGBl. In accordance with Article 20 (6) of Regulation (EC) No 86/2009, the conditions for the placing on the market of plant protection products shall be fulfilled within one year from that date. After that date, the sale is no longer permitted. "

19. § 39 reads:

" § 39. The following directives and regulations of the European Community are implemented and implemented by this Federal Act:

1.

Regulation (EEC) No 3600/92 laying down detailed rules for the implementation of the first stage of the programme of work referred to in Article 8 (2) of Council Directive 91 /414/EEC concerning the placing of plant protection products on the market, OJ L 327, 31.12.1991. No. OJ L 366. 12. 1992 p. 10;

2.

Regulation (EC) No 451/2000 laying down detailed rules for the implementation of the second and third stages of the work programme referred to in Article 8 (2) of Council Directive 91 /414/EEC, OJ L 42, 15.2.1991, p. No. OJ No L 55, 29. 2. 2000 p. 25;

3.

Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority, and laying down procedures in matters of food safety, OJ L 327, 31.12.2002, p. No. L 31 of 1 2. 2002 p. 1;

4.

Regulation (EC) No 1112/2002 laying down detailed rules for the implementation of the fourth stage of the work programme referred to in Article 8 (2) of Council Directive 91 /414/EEC, OJ L 327, 31.12.2002, p. No. OJ No L 168, 27. 6. 2002 p. 14;

5.

Regulation (EC) No 2076/2002 extending the time limit laid down in Article 8 (2) of Council Directive 91 /414/EEC and on the non-inclusion of certain active substances in Annex I to this Directive and the revocation of authorisations of plant protection products containing these active substances, OJ L 327, No. OJ No L 319, 23. 11. 2002 p. 3;

6.

Directive 91 /414/EEC concerning the placing of plant protection products on the market, OJ No. OJ No L 230, 19. 8. 1, as last amended by Directive 2009 /51/EC amending Council Directive 91 /414/EEC as regards the specification of the active substance nicosulfuron, OJ L 327, 31.12.1991, p. No. OJ No L 127, 26. 5. 2009 p. 5;

7.

Directive 79 /117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances, OJ L 327, 31.12.1979, p. No. OJ No L 33, 8. 2. 1979 p. 36;

8.

Directive 76 /769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations, OJ L 76, 27.4.1976, p. No. OJ No L 262, 27. 9. 1976 p. 201;

9.

Directive 97 /57/EC laying down Annex VI to Directive 91 /414/EEC concerning the placing of plant protection products on the market, OJ L 327, 31.12.1991, p. No. OJ No L 265, 27. 9. 1997 p. 87;

10.

Directive 1999 /45/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations, OJ L 206, 22.7.1999 No. L 200 of 30 7. 1999 p. 1;

11.

Directive 2003 /82/EC amending Council Directive 91 /414/EEC as regards the standard rates of special hazard and safety information for plant protection products, OJ L 327, 31.12.2003, p. No. L 228 of 12 9. 2003 p. 11. "

Article 4

Federal law amending the Plant Law for 1997

The Federal Law on the placing on the market of planting plants of ornamental plants, vegetables and fruit (Plant Law 1997) BGBl. I n ° 73, as last amended by the Federal Law BGBl. I No 110/2002, will be amended as follows:

1. § 1 (1) Z 3 reads as follows:

" 3.

Fruit plants of fruit plants intended for fruit production of the genera and species listed in Annex I to Directive 2008 /90/EC and their hybrids, as well as for documents and other parts of plants, other than those listed in Annex I to Directive 2008 /90/EC Genera and species or their hybrids, if they are to carry or carry from the genus of the genera and species referred to in Annex I to Directive 2008 /90/EC or their hybrids. '

2. In Section 2 (1), after Z 13, the point is replaced by a stroke point and the following Z 14 is added:

" 14.

Klon: the genetically uniform vegetative progeny of a single plant. "

3. § 2 para. 2 Z 1 lit. b to d is:

" (b)

for the production of basic material or of certified material of other plants as plants of fruit,

c)

the requirements of § 6 Z 3 lit. b and c, and

d)

this shall be fulfilled in accordance with an official examination within the meaning of Section 11 (5). "

4. § 2 para. 2, Z 2 lit. c and d is:

" (c)

the requirements of § 6 Z 3 lit. b and c, and

d)

this shall be fulfilled in accordance with an official examination within the meaning of Article 11 (5); "

5. § 2 para. 2 Z 3 reads:

" 3.

Certified material: planting material, which

a)

as propagating material

aa)

is obtained directly from base material or precursor material or, if it is intended for the production of documents, obtained from certified seed of base or certified material of documents,

bb)

is intended for the production of fruit plants,

cc)

the requirements of § 6 Z 3 lit. b and c, and

dd)

This shall be fulfilled in accordance with an official examination within the meaning of Section 11 (5);

b)

as plants of fruit

aa)

has been obtained directly from certified basic or precursor propagating material,

bb)

is intended for the production of fruit,

cc)

the requirements of § 6 Z 3 lit. b and c, and

dd)

this shall be fulfilled in accordance with an official examination within the meaning of Section 11 (5). "

6. § 2 para. 2 Z 4 reads:

" 4.

CAC (Conformitas Agraria Communitatis)-Material: planting material, which

a)

variety right and sufficient variety is

b)

is intended for the following purposes:

aa)

the production of propagating material;

bb)

the production of fruit plants, or

cc)

the production of fruit,

and

c)

the requirements of § 6 Z 3 lit. a. "

7. § 3 reads:

" § 3. (1) Plants according to § 1 (1) (1) (1) and (2) may only be placed on the market:

1.

in lots which are sufficiently homogeneous,

2.

from a supplier officially registered in a contract or Member State,

3.

if it is packaged and labelled in accordance with § 5 and

4.

if it complies with the requirements laid down in § 6.

(2) planting material according to § 1 Abs.1 Z 3 may only be placed on the market:

1.

if the propagating material has been officially certified as a precursor material, base material or certified material, or if the conditions for classification as CAC material are met,

2.

if plants of fruit plants have been officially certified as certified material or if they meet the conditions for the classification of CAC material,

3.

packaged and labelled in sufficiently homogeneous lots and in accordance with § 5, and

4.

if it meets the requirements laid down in § 6.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may by Regulation

1.

in the case of plant products, in particular for the production and sale of plant material which is not intended for consumers working in the production of plant production, in general or in individual cases, derogations from the applicability of certain products Provisions of this Federal Act and the conditions for granting the exceptions,

2.

Conditions for propagating material or fruit plants with regard to marking or paperwork and packaging

"

8. § 4 (3) reads:

" (3) fruit planting material for fruit production may only be accompanied by a reference to the variety or, where, in the case of documents, the material does not belong to any variety, having regard to the species or inter-specific hybrids in question in question, in transport, where the variety is

1.

in accordance with Section 12 (1) of the Plant Protection Law,

2.

in accordance with Section 12 (2), officially registered or

3.

generally known pursuant to § 12 (3)

is to be. The reference to the variety may also be made in the case of a variety which is in itself without value for cultivation for commercial purposes, provided that an official description is available for the variety in question and that the plant material is a CAC material in the Federal territory of transport is indicated on the label or accompanying document by means of an indication thereof. "

9. In § 6 Z 3, at the end of the lit.c the word "and" replaced by one point; lit. d is deleted.

10. § § 8 and 9 together with the headings are:

" Registration of suppliers and approval of laboratories

§ 8. (1) Supper with domials or domials domestically have to apply for admission to an official register at the regional governor. The Landeshauptmann shall register suppliers with a communication if the conditions set out in paragraph 4 are fulfilled. To the extent that this is necessary to ensure compliance with the provisions of this Federal Law, conditions and conditions are to be prescribable.

(2) The Federal Office for Food Security is required to apply for the approval of laboratories with registered office in Germany. The Federal Office for Food Security shall be allowed to notify laboratories if the conditions set out in paragraph 5 are met. To the extent that this is necessary to ensure compliance with the provisions of this Federal Law, conditions and conditions are to be prescribable. Laboratories in contract or Member States where official or officially approved laboratories are considered to be approved laboratories shall be considered as approved laboratories and These are accredited in accordance with ISO standard 17025 or at least perform evidence on the basis of recognised EPPO standards.

(3) The application shall contain at least:

1.

the name or business name and address of the applicant;

2.

the nature and scope of the activities for which the applicant is seeking authorisation or entry in the official register,

3.

if applicable, the registration number according to the Plant Protection Act 1995, BGBl. No. 532.

(4) All documents necessary for the presentation of the nature of the activity to be carried out by the supplier shall be attached to the application. If a supplier intends to carry out a work other than that for which the application for inclusion has been placed in the official register, the supplier shall report this to the competent authority, following the necessary documents.

(5) The application shall be accompanied by all documents which allow a laboratory to demonstrate that the technical procedures and methods employed by its staff are suitable for the studies required under this Federal Act , and it has a minimum technical equipment, which corresponds to the current state of the laboratory technology. If a laboratory intends to carry out an activity other than that for which the authorisation has been granted, a new application for authorisation shall be submitted.

(6) A registered supplier or laboratory shall be assigned a registration number from the competent authority responsible for registration or authorisation, which shall enable the identification of the holding. The registration number must be entered in an official register. If a supplier has already been admitted to the official list in accordance with § 14 of the Plant Protection Act 1995, the registration number assigned to it pursuant to Section 14 (5) of the Plant Protection Act 1995 can be used.

Recognition of the authorisation and deletion from the official register

§ 9. (1) The competent authority responsible for registration or authorisation shall bear the correction of defects within a reasonable period of time, if:

1.

one of the conditions set out in Article 8 (4) or (5) is not or no longer exists, or

2.

the obligations laid down in § 10 shall not be complied with or no longer complied with.

(2) In the absence of a defect in accordance with paragraph 1, the approval of the laboratory shall be waived or the supplier shall be deleted from the register with a communication. "

11. In Section 11 (1), the word order shall be "samples, including in particular with regard to Community audits and tests, to be taken" through the phrase "taking samples, including those for Community testing and testing, free of charge in the extent strictly necessary for sampling" replaces and become the phrases " On the occasion of the 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. " .

12. § 11 (5) reads:

"(5) The Governor of the State shall check against the compliance with the provisions of this Federal Law, in particular the requirements of § 2 para. 2, in the production and placing on the market."

(13) The following paragraph 7 is added to § 11:

"(7) Details of the methodology for the diagnosis of sampling and examination of samples shall be determined by the Federal Office for Food Security and shall be published in the" Official News of the Federal Office for Food Security ".

14. § § 12 and 13 together with the headings are:

" Varieties of ornamental plant species and fruit trees

§ 12. (1) The registration of a variety shall be effected by registration in

1.

the Plant Variety Protection Register in accordance with the Plant Variety Protection Act 2001, BGBl. I n ° 109, or

2.

the register referred to in Article 87 of Regulation (EC) No 2100/94 on Community plant variety rights (OJ L 327, 31.12.1994, p. No. OJ L 227, 1.9.1994 (S 1).

(2) The official registration of a variety by the Federal Office for Food Security shall be effected if:

1.

the variety meets certain conditions laid down by the Federal Office for Food Security (Bundesamt für nutritionalsecurity),

2.

an official description, or

3.

the variety material has already been placed on the market in the Federal Republic of Germany before 30 September 2012 and an officially recognized description is available for this purpose.

(3) Generally known varieties may be placed on the market if:

1.

they are officially registered in another Member State,

2.

in a Member State, an application for official registration or an application for plant variety rights has been submitted in accordance with paragraph 1, or

3.

they have already been placed on the market before 30 September 2012 in the territory of the Federal Republic of Germany or in the territory of another Member State, and an officially recognised description of the variety concerned is available.

Certification of planting material from fruit

§ 13. (1) The certification of planting material from fruit planting is to be requested by the supplier at the Federal Office for Food Security.

(2) The application shall contain, in particular, the following information:

1.

Name (Company) and address of the applicant;

2.

Variety denomination and multiplication stage;

3.

proof of registration in a list of varieties in accordance with § 12 (1) to (3);

4.

Variety description (distinguishing characteristics);

5.

the purpose of use;

6.

Data on phytosanitary testing (§ 6 Z 3);

7.

any indication of any particular characteristics important for cultivation (such as soil, climate or the educational system);

8.

Evidence of the type and quantity of the starting material.

(3) The Federal Office for Food Security has granted the application, provided that the conditions set out in § 6 Z 3 are fulfilled. If this requires the biology of harmful organisms, the application shall be accepted under conditions and conditions. The fulfilment of the condition referred to in § 6 Z 3 shall be demonstrated by an examination in an approved laboratory. Otherwise, the application must be dismissed. The certification is to be lifted by the Federal Office for Food Safety if one of the requirements for certification is not met or is no longer fulfilled.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to lay down, in accordance with the state of science and technology, by Regulation:

1.

the characteristics to which the studies have to be carried out;

2.

the minimum requirements for the conduct of investigations;

3.

further requirements for the application, in particular the date. "

15. In § 19, after Z 13, the point is replaced by a stroke point and the following Z 14 is added:

" 14.

Directive 2008 /90/EC on the marketing of fruit propagating material and fruit plants intended for fruit production (OJ L 327, 30.4.2008, p. No. OJ L 267, 8.10.2008, p.

Section 20 is added to the following paragraph 6:

" (6) § § 1, 2 para. 1, 2 para. 2, 3, 4 para. 3, 6, 8 with title, 9 with title, 11 para. 5, 12 with title and 13 together with headline in the version of the Federal Law BGBl. I No 86/2009 will enter into force on 30 September 2012. According to the Plants Act 1997 in the version of the Federal Law BGBl. In the version of the Federal Law BGBl Act (Bundesgesetz BGBl) in 1997, suppliers are admitted as registered suppliers in accordance with the Plant Law Act of 1997. I No 86/2009. '

Article 5

Federal law amending the Plant Protection Act 1995

The Plant Protection Act 1995, BGBl. N ° 532, as last amended by the Federal Law BGBl. I No 87/2005, shall be amended as follows:

1. § 2 Z 1 reads:

" 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. In § 2, after Z 21, the point is replaced by a stroke point and the following Z 22 is added:

" 22.

Exporter: natural or legal person carrying out plants, plant products or other objects in third countries. "

3. In § 5 (5), first sentence, the word sequence shall be deleted. "pursuant to § 5a" ; the following sentences shall be inserted after the first sentence:

" On the occasion of the 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. "

4. § 5a is deleted.

5. § 10 (3) last sentence reads:

"The Federal Office of Forests shall have the power to verify the natural or legal persons mentioned, the frequency of control being in relation to the phytosanitary risk associated with the placing of the deer."

6. 14 (2) reads:

"(2) exporters shall apply to the regional governor for inclusion in an official register, provided that the phytosanitary provisions of the country of destination and, where appropriate, of the transit countries provide for this."

7. The last sentence is deleted in Section 14 (6).

8. In § 14 (7), after the word order "operations entered in the official register" the phrase "or exporters" , the following sentence shall be added:

" Where 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 that official list or after a further 3 years, Plant health certificates according to § 34 para. 2, shall the cancellation of the registration of the law arise. "

9. In § 30 para. 1 the phrase "Conditions pursuant to § 23 (1) (2) and (2) (2)" through the phrase "Conditions pursuant to § 23 (1) and (2)" replaced.

10. The following paragraphs 6 to 8 are added to § 34:

" (6) In so far as the phytosanitary provisions of the country of destination and, where applicable, of the transit countries provide for this, an exporter with the governor of the country shall apply for admission to the official list in accordance with Section 14 (2). 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 Community legislation or international conventions in the field of plant protection, has To specify requirements for 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. "

11. § 36 (1) Z 19 reads:

" 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, "

12. In § 36 (1) the following Z 31 is inserted:

" 31.

Carrying out activities contrary to section 34, paragraph 8, which affect the phytosanitary safety of the consignment, "

Article 6

Federal law amending the forest law of the Forests Act 2002

The Forestry Propagating Material Act 2002, BGBl. I n ° 110, shall be amended as follows:

1. § 2 Z 2 lit. c is:

" (c)

Plant material: plants grown from seeds or parts of plants or plants (= wild animals) taken from natural rejuvenation. "

2. In § 2 Z 16 lit.a the word order is deleted "and Research Centre" .

(3) The following paragraph 5 is added to § 4:

"(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to lay down the content and form of the approval mark by means of a regulation."

4. In Section 6 (1), (2) and (7), the following phrases shall be deleted. "and Research Centre" .

5. The following paragraph 9 is added to § 6:

"(9) Only those tree species which are defined by the Federal Minister for Agriculture, Forestry, the Environment and Water Management by the Federal Minister for Agriculture, Forestry, Environment and Water Management can be approved for the extraction of wild animals in the approval units for selected propagation material."

6. In Section 8 (1) and (5), the following phrases shall be deleted. "and Research Centre" .

7. In Section 10 (1), (2) and (7), the following phrases shall be deleted. "and Research Centre" .

8. In Section 11 (1) and (2), the following phrases shall be deleted. "and Research Centre" .

9. In Section 12 (1) (1) (1), the phrase "one month" through the phrase "one week" replaced; the second half-sentence is deleted.

10. In Section 12 (4) (7), the word order shall be deleted "and Research Centre" .

11. In § 12 (6), the following Z 3 is added:

" 3.

for wild species of the category source-secured the tree species, contents and form of the registration mark, "

12. The following paragraph 8 is added to § 12:

"(8) After verification by the Federal Office of Forests, the root certificate can be subsequently declared invalid in the event of non-compliance with the provisions of this Federal Law."

13. In Section 13 (1) (1) (1), the phrase "one month" through the phrase "one week" replaced; the second half-sentence is deleted.

14. In Section 13 (1) (5), the word order shall be deleted "and Research Centre" .

15. The following Z 3 is added to § 13 (3):

" 3.

the tree species, the content and the form of the approval mark for wild species in the category. "

16. § 13 (7) reads:

"(7) After verification by the Federal Office of Forests, the root certificate can be subsequently declared invalid in the event of non-compliance with the provisions of this Federal Law."

17. The following paragraph 8 is added to § 13:

" (8) In the case of wild game production, only the provisions of subsection (1) (1), (4) (2), (6) and (7) apply. The extraction of wild animals has to be carried out from the entire area of the authorisation unit. "

18. In § 15 paragraph 1 Z 1 the phrase "one month" through the phrase "one week" replaced; the second half-sentence is deleted.

19. In § 15 (1) Z 5 the phrase " and Research Centre " .

Article 15 (6) reads as follows:

"(6) After verification by the Federal Office of Forests, the root certificate can be subsequently declared invalid in the event of non-compliance with the provisions of this Federal Law."

21. In Section 16 (1), the phrase "one month" through the phrase "one week" replaced.

22. In § 16 (4), the word order is deleted "and Research Centre" .

23. The following paragraph 5 is added to § 16:

"(5) After verification by the Federal Office of Forests, the root certificate can be subsequently declared invalid in the event of non-compliance with the provisions of this Federal Law."

24. In Section 17 (1), the phrase "Z 1 to Z 5" through the phrase "Z 1 to Z 4" replaced.

25. In § 17 (1), the Z 5 is deleted.

26. § 17 (5) reads:

" (5) propagating material which does not comply with the categories referred to in paragraph 1 shall be placed on the market only with the approval of the Federal Office for Forest. An authorisation may be granted only if it is intended to remedy temporary difficulties with the general supply of the categories referred to in paragraph 1. The Bundesamt für Wald (Federal Office of the Forest) has to submit an application to the Commission of the European Community, which has to make a decision on this. "

27. In § 17 (6) the word "Populus ssp." by "Populus spp." replaced.

Section 17 (7) reads as follows:

"(7) In times of crisis of undersupply with approved seed as a result of insufficient fructification, authorisation of the Federal Office for Forests may only produce a mass reproduction of seed of the category" selected "for the category" selected ", which shall be made up of not defined proportions of clones produced by means of vegetative propagation of seedlings of an authorisation unit. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has laid down, by Regulation, the requirements for the placing on the market of cloning mixtures with non-defined proportions of clones in times of undersupply. "

29. In Section 20 (1) and (5), the following phrases shall be deleted. "and Research Centre" .

30. § 20 (1) Z 2 reads:

" 2.

Different maturation years of an admissions unit of the categories "source secured", "selected" or "qualified". "

31. In § 23 (5) the word "Populus ssp." by "Populus spp." replaced.

32. In § 24 (1) the word order is deleted "and Research Centre" .

33. In § 27 (1), the word order shall be deleted "and Research Centre" .

34. In Section 28 (2), the word order is deleted "and Research Centre" .

35. In § 29, the sales designation shall be deleted "(1)" .

36. § 29 (2) and (3) deleted.

37. § 30 reads:

" § 30. The holder of the import permit shall inform the Federal Office of Forests one week before the arrival of the plant delivery and shall announce the date of actual import. After the consignment has been sent, the Federal Office of Forests shall immediately be sent to the place of customs clearance and to be present at the customs office. "

38. § 31 reads:

" § 31. Imported propagating material may only be placed on the market if an import authorization has been issued with a communication from the Federal Office for Forests. "

39. In § 32, the word sequence shall be deleted "and Research Centre" .

40. In Section 33 (2) and (3), the following phrases shall be deleted. "and Research Centre" .

(41) The heading to Section 6 is:

"Requirements for forest seed and forestry plants as well as harvesting operators"

42. In § 34 (1) and (3), after the word "Forestry plants" the phrase "as well as harvest operators" .

43. In § 34 (3) the word order is deleted "and Research Centre" .

44. In § 35 (1), after the word "Forestry plants" the phrase "as well as harvest operators" .

45. The following Z 5 shall be added to Article 35 (1):

" 5.

Harvest operator: a peg or seed book. "

46. In Section 35 (2), the phrase "Ten Years" through the phrase "seven years" replaced.

47. In § 36 (2) the word order is deleted "and Research Centre" .

48. In Section 37 (4), the phrase is deleted "and Research Centre" .

49. In § 37 (5), after the word "Forestry plant" the phrase "as well as the harvest operator" .

50. In Section 38 (1) and (2), the following phrases shall be deleted. "and Research Centre" .

51. The previous text of § 39 receives the sales designation "(1)" .

52. In § 39 (1), Z 3 is deleted.

53. In § 39 paragraph 1 Z 16 the term " " 2 " .

54. § 39 para. 1 second sentence reads:

"The transgressions are punishable by a fine of up to 7 000 euros."

55. The following paragraphs 2 and 3 are added to § 39:

" (2) The time limit for the period of limitation of persecution shall be two years.

(3) A district administrative authority shall submit a criminal procedure for administrative transgressing and shall send a copy of the criminal complaint and the decision on it to the indicating authority. "

56. § 41 (1) reads:

" (1) The fees for activities of the Federal Office for Forests shall be established by the Federal Research and Training Centre for Forest, Natural Hazy and Landscape as a public institution under the conditions laid down in Article 3 (6) of the Federal Act, and the Federal Office for Forest, Nature and Natural History (Bundesamt für Wald) Federal Office of the Forest is established (BFW law) BGBl. I No 83/2004 i. d. F. BGBl. I No 87/2005. '

57. In Section 42 (1), the word order is deleted "and Research Centre" .

Section 42 (2), first sentence reads:

"A full legal remedy is admissible against decisions of the Federal Office of Forest."

Article 44 (1) reads as follows:

" (1) Seeds which have been produced in accordance with the provisions of the Forestry Act in 1975 and the Forest Law of Forests in 1996 may be placed on the market until the stocks are used up. The plants withdrawn from this seed may be offered for sale indefinitely. "

60. The previous § 48 receives the Section title "§ 47."

61. The previous § 49 receives the Section title "§ 48."

Fischer

Faymann