474. Ordinance of the Federal Minister of Health, Family and Youth on the veterinary border control of animals, goods and objects (Veterinary Regulation 2008-VEVO 2008)

On the basis of § § 4, 4a and 4b of the Animal Health Act (TSG), RGBl. No 177/1909, as last amended by the Federal Law BGBl. N ° 36/2008, as well as § § 49 and 50 of the Food Safety and Consumer Protection Act (LMSVG), BGBl. I n ° 13/2006, as last amended by the Federal Law BGBl. I n ° 121/2008, and § 2 (1) to (3) of the Animal Health Act (TGG), BGBl. I n ° 133/1999, as last amended by the Federal Law BGBl. I n ° 13/2006, will be in agreement with the Federal Minister for Finance, the Federal Minister for Economic Affairs and Labour, the Federal Minister for Agriculture, Forestry, the Environment and Water Management and the Federal Minister for Transport, Innovation and Technology, prescribed:

CONTENTS

1. Main item
General provisions
§ 1	Objective scope
§ 2	Definitions
§ 3	Publications on the homepage of the Ministry
§ 4	Referrals and implemented Community legislation
2. Main piece
Specific provisions
Section 1
Control duty and derogations
§ 5	Control duty
§ 6	Veterinary agreements
§ 7	Special provisions for animals
§ 8	Special provisions relating to goods and articles
Section 2
General import and transit provisions
§ 9	Certificates
§ 10	Forms
§ 11	Requirements for consignments subject to control
§ 12	Authorisation-free import
§ 13	Authorisation subject to authorisation
§ 14	Import and transit permits
§ 15	Authorisation of guarantees of origin
§ 16	Authorisation of destination establishments
Section 3
Special import and transit provisions
§ 17	Import and transit bans
§ 18	Special import and transit prohibitions
§ 19	Import bans for infringement of the rules of the State of destination
§ 20	Transit of animals
Section 21	Transit of goods and goods
Section 22	Re-importation of animals
Section 23	Re-importation of goods and goods
§ 24	Means of transport and transport
Section 25	Transport to and measures at the place of destination of live animals
Section 26	Transport of goods and goods to the place of destination and to the measures at destination
Section 4
Veterinary border control
§ 27	Place of border control
§ 28	Control bodies
§ 29	Fees
§ 30	Declaration of consignments
Section 31	Border veterinary inspection
Section 32	Examination of documents, examination of the situation and physical examination or Physical inspection
§ 33	Border veterinary authorisation for entry and transit
Section 34	Reject
§ 35	Imports of goods and objects in free zones, free warehouses, customs warehouses or in warehouses of ship-based outfitters
§ 36	Animals, goods and articles not subject to border veterinary inspection
Section 37	Packing and space closures
Section 5
Powers of control of the Authority
§ 38	Wider powers of control of the Authority
§ 39	Obligations of the right to dispose of
§ 40	Powers and duties of the customs authority
3. Main piece
Final provisions
Section 41	Unaffected provisions
§ 42	Personal data
Section 43	Entry into force and expiry of provisions

ANNEX 1	Consignments subject to control
ANNEX 2	Regions of the European Community and territories of the EEA and territories with special contracts in the veterinary field
ANNEX 3	Requirements for means of transport and transport
ANNEX 4	Official seal of the border veterinarians
ANNEX 5	Service marks of the border veterinarians
ANNEX 6	Border control fees and operating fees
ANNEX 7	Physical inspection
ANNEX 8	Conditions for free zones, free warehouses and customs warehouses approved by the veterinary authorities
ANNEX 9	Conditions of authorisation for establishments of destination
ANNEX 10	Animal diseases which result in bans on imports and transit

1. Main item

General provisions

Objective scope

§ 1. This Regulation shall apply to the importation, re-importation and transit of the products referred to in the Annexes

1.		live animals (hereinafter referred to as "animals");
2.		dead animals, their parts and their waste, animal products and by-products, products of animal origin and pathogens of animal diseases (hereinafter referred to as "goods"), and
3.		objects which may be the carrier of an infectious agent of an epizootic disease or which may endanger human health (hereinafter referred to as "objects").

Definitions

§ 2. (1) For the purposes of this Regulation:

1.		Certificate of clearance: Common veterinary document for import, in accordance with Commission Regulation (EC) No 136/2004 (GVDE-Ware) of 22 January 2004, with procedures for veterinary checks on products imported from third countries to the Border inspection posts of the Community, OJ C 327, No. OJ L 21 of 28. Jänner 2004, p. 11; or a Joint Veterinary Document for imports pursuant to Commission Regulation (EC) No 282/2004 (GVDE animals), establishing a document for the customs declaration and veterinary inspection of third countries into the Community imported animals, OJ L 327 No. OJ L 49, 19 February 2004, p. 11;
2.		official veterinarian: the veterinarian designated by the competent central authority of the dispatch country;
3.		Notifier: the person who makes a customs declaration in his own name or the person on whose behalf a customs declaration is made;
4.		Exit border inspection post: veterinary border inspection post at which a transit consignment on exit from the territory referred to in Appendix 2 is controlled;
5.		Certifying officer: official veterinarian or, if the veterinary legislation so provides, any other person empowered by the competent authority to sign the certificates provided for in the said provisions;
6.		Participant: a natural or legal person within the meaning of Article 2 (2) (lit). (e) Directive 97 /78/EC;
7.		Document verification: official examination of certificates or documents accompanying the animals and goods;
8.		Third country: State which is not referred to in Appendix 2;
9.		Transit: the transfer of consignments from a third country to Austria, followed by a transfer to a third country, both directly and through another State designated in Appendix 2;
10.		Import: any transport of a consignment which is subject to veterinary checks irrespective of its customs-approved destination from a place situated in a third country
a)			to a place of destination in Austria, or
b)			via Austria to a destination situated in an area in accordance with Appendix 2;
11.		Importer: any natural or legal person who places the consignment for import or transit checks on the consignment;
12.		Equidae: horses, donkeys, mules, tolls, zebras and zebroids;
13.		One-day chicks: poultry aged under 72 hours, provided that the animals have not yet been fed, but may have been fed by way of derogation from the number of birds;
14.		Entrance border inspection post: veterinary border inspection post on which a transit consignment is made on entry into the territory referred to in Appendix 2;
15.		Poultry: chickens, turkeys, guinea fowl, ducks, geese, quails, pigeons, pheasants and reboilers, as well as ratites;
16.		Border inspection post: official body where the border veterinarian has to carry out border veterinary checks either at the border with a third country or at a port or airport;
17.		Veterinarian: the veterinarian appointed by the competent central authority of a State with the implementation of the border veterinary inspection;
18.		border veterinary control: document verification, inspection and physical examination in accordance with Directive 97 /78/EC and Directive 91 /496/EEC, and other, on the occasion of the crossing of the border under Community law checks and inspections to be carried out by border veterinarians;
19.		Harmonized imports: imports of animals, goods and objects, provided that the following conditions are met:
a)			the consignment must come from a third country or part of a third country which is authorised to export to the Community by means of a Community act; and
b)			in respect of the animals, goods or objects concerned and for the purpose of their use, certificates or documents must be required in Community acts; and
c)			the consignments must come from approved establishments, in so far as the Community rules provide for such consignments;
20.		Pets: animals of the species Dogs, cats, ferrets, rodents, domestic rabbits, aquarium fish (tropical ornamental fish), amphibians, reptiles and invertebrates (other than bees and crustaceans) as well as birds (other than poultry), which are owned or another natural person who is responsible for the animals during the shipment or import or re-importation on behalf of the owner, and who is not intended to be the subject of a sale or transfer of ownership ,
21.		Pet food: food containing Category 3 material as defined in Regulation (EC) No 1774/2002 for dogs, cats, ferrets, rodents, domestic rabbits, aquarium fish (tropical ornamental fish), amphibians, reptiles and invertebrates (other than bees and Crustaceans) and birds (other than poultry);
22.		Hoofed animals: solipeds, claws including floats, tapirs, elephants, rhinoceros and hippos;
23.		Beekeeping products: honey, wax, jelly jelly, kite resin and pollen, if this material is intended solely for use in beekeeping;
24.		The introduction of consignments from the areas referred to in Appendix 2 to Austria and the movement of consignments from Austria to territories in accordance with Appendix 2, with the exception of the introduction and removal for the purpose of transit in accordance with Z 8;
25.		Clutchews: ruminants and pigs;
26.		Pathogens: any collection or culture of organisms or their derivatives, isolated or as a combination of such accumulations or cultures of organisms that can cause disease in animals, as well as any modified offspring of such organisms, which may be carriers or carriers of animal diseases, with the exception of authorised immunological veterinary medicinal products;
27.		Inspection: official verification of the conformity of consignments with certificates and documents accompanying them, and verification of the compulsory identification of animals or of the required stamps and marks animal products;
28.		Physical examination: investigation carried out directly on the animal by the border veterinarians, including sampling and laboratory testing of these samples;
29.		registered equidae: all equidae which are registered and can be identified by a document;
30.		Return declaration: written obligation of the right of disposal to take over the consignment of animals, goods or objects upon a refusal by the next third country and to move from the territory of the Community; or to be harmless;
31.		slaughtered animals: animals intended for slaughter within the specified time limits;
32.		Safeguard measures: measures adopted by the Community or by a Member State which lay down import restrictions on animals, goods or objects;
33.		Consignment: a number of animals of the same type, or a number of similar animal products or products of animal origin, for which the same veterinary certificate or veterinary document applies and which shall be accompanied by one and the same veterinary certificate. transported by means of transport and originating in the same State or part of a State;
34.		Lock: all measures provided by an Austrian authority to prevent the placing on the market of a consignment; these measures include, in particular, traffic restrictions, quarantine or battle and killing arrangements, the arrangement of the Destruction, the treatment provided for in Regulation (EC) No 1774/2002, or the out-of-country treatment;
35.		animal by-products: whole carcases, parts of animals or products of animal origin, as referred to in Article 1 of Regulation (EC) No 1774/2002, which are not intended for human consumption;
36.		TRACES: the Community's integrated computerised system for veterinary information on imports and intra-Community trade;
37.		"transporter" means the natural or legal person who has the right to transport the living animals, goods or objects at the border inspection post from the third country;
38.		-the person entitled to decide on the handling of the consignment (in particular the measures taken in the course of transport);
39.		Re-entry: the return of consignments originating from the territories referred to in Appendix 2 to a third country;
40.		Customs Code: Council Regulation (EEC) No 2913/92 of 12 June 1992. October 1992 establishing the Community Customs Code, OJ L 327, 31.12.1992, p. No. OJ No L 302, 19.10.1992, p. 1.

For the purposes of this Regulation, all definitions in the applicable Community acts shall also be deemed to be the definitions of this Regulation.

(3) Unless otherwise expressly provided for in paragraphs 1 and 2, the definitions in accordance with the LMSVG and in accordance with the regulations adopted pursuant to this Act shall be deemed to be definitions within the meaning of this Regulation.

Publications on the homepage of the Ministry

§ 3. Publications in the "Official Veterinary Messages" are available on the Internet on the homepage of the Federal Ministry of Health, Family and Youth free of charge.

Referrals and implemented Community legislation

§ 4. (1) Where reference is made in this Regulation to other federal laws or regulations or to provisions in the European Community (EC) provisions, they shall be applied in their respective versions.

(2) This Regulation shall implement the provisions of the following acts of the European Community, provided that they concern import and transit and veterinary border control:

1.		Directive 64 /432/EEC of 26 June 1964 on animal health problems relating to intra-Community trade in bovine animals and swine (OJ L 327, 30.4.1964, p. No. OJ L 121, 29.07.1964, p. 1977/64)
2.		Directive 88 /407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of bovine animals (OJ L 327, 30.4.1988, p. No. OJ L 125 of 23.05.1988, p. 10);
3.		Directive 89 /556/EEC of 25 September 1988 on animal health problems relating to the trade in embryos of domestic animals of the bovine species and their importation from third countries (OJ L 327, 30.12.1988, p. No. (OJ L 302, 19.10.1989, p. 10);
4.		Directive 89 /662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (OJ L 139, 30.4.1989, p. No. OJ L 395, 30.12.1989, p. 13);
5.		Directive 90 /425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (OJ L 327, 30.4.1990, p. No. OJ L 224, 18.08.1990, p. 29);
6.		Directive 90 /426/EEC of 26 June 1990 laying down the animal health conditions governing the movement and importation from third countries of equidae (OJ L 327, 31.12.1990, p. No. OJ No L 224, 18.08.1990, p. 42);
7.		Directive 90 /429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of porcine semen (OJ L 327, 30.4.1990, p. No. OJ L 224, 18.08.1990, p. 62);
8.		Directive 90 /539/EEC of the 15. October 1990 on the animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs (OJ L 327, 31.12.1990, p. No. OJ L 303, 31.10.1990, p. 6);
9.		Directive 91 /67/EEC of the 28. Jänner 1991 concerning the animal health rules governing the placing on the market of aquaculture animals and products (OJ L 327, 31.12.1991, p. No. OJ L 46, 19.02.1991, p.
10.		Directive 91 /68/EEC of the 28. Jänner 1991 on animal health problems relating to intra-Community trade in ovine and caprine animals (OJ L 327, 31.12.1991, p. No. OJ L 46, 19.02.1991, p. 19);
11.		Directive 91 /496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89 /662/EEC, 90 /425/EEC and 90 /675/EEC (OJ L 327, 30.12.1991, p. No. OJ L 268, 26.09.1991, p. 56);
12.		Directive 92 /65/EEC of 13 July 1992 laying down the animal health conditions governing trade in and imports into the Community of animals, semen, ova and embryos not subject to the specific Community rules are subject to the provisions of Annex A (I) to Directive 90 /425/EEC; No. OJ L 268, 14.09.1992, p. 54);
13.		Directive 92 /118/EEC of 17 December 1992 laying down animal health and public health conditions governing trade in and imports into the Community of products of animal origin, in so far as they are not specific to the Community, Community rules laid down in Annex A, Chapter I, to Directive 89 /662/EEC and, as regards pathogens, to Directive 90 /425/EEC (OJ L 206, 22.7.1990, p. No. OJ L 62, 15.03.1993, p. 49);
14.		Directive 93 /119/EEC of 22 December 1993 on the protection of animals at the time of slaughter or killing (OJ L 327, 30.12.1993, p. No. OJ L 340, 31.12.1993, p. 21);
15.		Directive 96 /22/EC of 29 April 1996 on the prohibition of the use of certain substances with hormonal or thyrostatic action and of (-agonists in animal production and repealing Directives 81 /602/EEC, 88 /146/EEC and 88 /299/EEC (OJ L 73, 14.3.1988, p. No. OJ L 125, 23.05.1996, p. 3);
16.		Directive 96 /23/EC of 29 April 1996 concerning control measures relating to certain substances and residues thereof in live animals and animal products and repealing Directives 85 /358/EEC and 86 /469/EEC and Decisions 89 /187/EEC and 91 /664/EEC (OJ L 206, 22.7.1996, p. No. OJ L 125 of 23.05.96, p. 10);
17.		Directive 96 /93/EC of 17 December 1996 on certificates for animals and animal products (OJ L 327, 30.12.1996, p. No. OJ L 13 of 16.01.1997, p. 28);
18.		Directive 97 /12/EC of 17 March 1997 amending and updating Directive 64 /432/EEC on health problems relating to intra-Community trade in bovine animals and swine (OJ 1997 L 327, p. No. OJ L 109, 25.04.1997, p. 1);
19.		Directive 97 /78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 327, 30.12.1997, p. No. OJ L 24, 30.01.1998, p. 9);
20.		Directive 97 /79/EC of 18 December 1997 amending Directives 71 /118/EEC, 72 /462/EEC, 85 /73/EEC, 91 /67/EEC, 91 /492/EEC, 91 /493/EEC, 92 /45/EEC and 92 /118/EEC as regards the organisation of veterinary checks on products entering the Community from third countries (OJ 1997 L 73, p. 1). No. OJ L 24, 30.01.1998, p. 31);
21.		Directive 2002 /99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and import of foodstuffs of animal origin (OJ L 327, 30.12.2002, p. No. OJ L 18, 23.01.2003, p.11);
22.		Directive 2003 /99/EC of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90 /424/EEC and repealing Council Directive 93 /117/EEC (OJ L 139, 30.4.1993, p. No. OJ L 325, 12.12.2003, p.31);
23.		Directive 2004 /68/EC of 26 April 2004 laying down the animal health requirements applicable to the importation and transit of certain live ungulate animals in or , by the Community, amending Directives 90 /426/EEC and 92 /65/EEC and repealing Directive 72 /462/EEC (OJ L 281, 23.12.1992, p. No. OJ L 226 of 25.06.2004, p. 128);
24.		Directive 2006 /88/EC of the 24. October 2006, laying down health and hygiene rules for aquaculture animals and products, and on the prevention and control of certain diseases of aquatic animals (OJ L 327, 28.12.2006, p. No. (OJ L 328, 24.11.2006, p. 14)

(3) This Regulation provides for the adoption of enforcement provisions in respect of the following directly applicable acts of the European Community and their amending regulations:

1.		Regulation (EC) No 999/2001 of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 327, 30.4.2001, p. No. OJ L 147, 31.05.2001, p. 1);
2.		Regulation (EC) No 178/2002 of the 28. Jänner 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 2002 L 327, p. No. OJ L 31, 01.02.2002, p. 1);
3.		Regulation (EC) No 1774/2002 of 3. October 2002 laying down the health rules for by-products not intended for human consumption (OJ L 327, 31.12.2002, p. No. OJ L 273, 10.10.2002, p. 1);
4.		Regulation (EC) No 998/2003 of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92 /65/EEC (OJ L 206, 22.7.2003, p. No. OJ L 146, 13.06.2003, p. 1);
5.		Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and certain other food-borne zoonotic agents (OJ L 327, 30.12.2003, p. L No 325, 12.12.2003, p. 1);
6.		Regulation (EC) No 136/2004 of 22 January 2004 laying down procedures for the veterinary checks on products imported from third countries at the Community border inspection posts (OJ L 327, 22.01.2004, p. No. OJ L 21, 28.01.2004, p.11);
7.		Regulation (EC) No 282/2004 of 18 February 2004 laying down a document for the customs declaration and veterinary inspection of animals entering the Community from third countries (OJ L 327, 30.11.2004, p. No. OJ L 49, 19.02.2004, p.11);
8.		Regulation (EC) No 745/2004 of 16 April 2004 laying down the import rules for food of animal origin for personal consumption (OJ 2004 L 327, p. No. OJ L 122, 26.04.2004, p.1);
9.		Regulation (EC) No 852/2004 of 29 April 2004 on the hygiene of foodstuffs (OJ 2004 L 327, No. OJ L 226 of 26.06.2004, p. 3);
10.		Regulation (EC) No 853/2004 of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ 2004 L 327, p. No. 55., as corrected by OJ L 139, 30.4.2004, p. No. OJ L 226 of 25.06.2004, p. 22);
11.		Regulation (EC) No 854/2004 of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ 2004 L 327, p. No. 206, as amended by OJ L 139, 30.4.2004, p. No. OJ L 226 of 25.06.2004, p. 82);
12.		Regulation (EC) No 878/2004 of 29 April 2004 laying down transitional arrangements in accordance with Regulation (EC) No 1774/2002 as regards certain animal by-products classified as Category 1 and Category 2 material and intended for technical uses (OJ L 327, 30.4.2004, p. No. OJ L 162 of 30.04.2004, p. 62);
13.		Regulation (EC) No 882/2004 of 29 April 2004 on official controls to verify compliance with food and feed law, animal health and animal welfare rules (OJ L 327, 30.4.2004, p. No. OJ L 191, 28.05.2004, p.1);
14.		Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations, as well as amending Directives 64 /432/EEC and 93 /119/EC and Regulation (EC) No 1255/97 (OJ L 136, 31.5.1997, p. No. OJ L 3, 05.01.2005, p. 1);
15.		Regulation (EC) No 1688/2005 of the 14. October 2005, on the implementation of Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards additional guarantees concerning salmonella in the case of consignments of meat and certain eggs to Finland and Sweden (OJ L 327, 30.12.2004, p. No. OJ L 271, 15.10.2005, p.17);
16.		Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for food (OJ C 139, 30.4.2005, p. No. OJ L 338, 22.12.2005, p.1);
17.		Regulation (EC) No 2074/2005 of 5 December 2005 laying down detailed rules for the implementation of certain products covered by Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the products referred to in Regulations (EC) No 854/2004 of the European Parliament and of the Council of Parliament and of the Council and (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending the Regulations (EC) No 853/2004 and (EC) No 854/2004 (OJ L 327, 30.11.2004, p. No. OJ L 338, 22.12.2005, p.27);
18.		Regulation (EC) No 2075/2005 of 5 December 2005 laying down specific provisions for official meat tests on trichinae (OJ L 327, 30.12.2005, p. No. OJ L 338, 22.12.2005, p.60);
19.		Regulation (EC) No 2076/2005 of 5 December 2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (OJ L 136, 30.4.2004 No. OJ L 338, 22.12.2005, p.83);
20.		Regulation (EC) No 2007/2006 of 22 December 2006 on the implementation of Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the import and transit of certain intermediate products obtained from Category 3 material for technical Uses in medical devices, in vitro diagnostics and laboratory reagents, and amending the said Regulation (OJ L 327, 30.4.2004, p. No. OJ L 379, 28.12.2006, p.98);
21.		Regulation (EC) No 318/2007 the Commission of 23 March 2007 laying down the animal health requirements applicable to the importation into the Community of certain species of birds and the quarantine conditions applicable to them (OJ L 327, 22.3.2007, p. OJ L No 84, 24.3.2007, p. 7).

(4) For those acts of the Community which refer in its provisions to the implemented Community legislation referred to in paragraphs 1 to 3, all the enforcement provisions of this Regulation shall apply.

2. Main piece

Specific provisions

Section 1

Control duty and derogations

Control duty

§ 5. (1) Consignments according to the Appendix 1 are subject to veterinary border control (consignments of goods subject to control).

(2) Consignments which have been shown to originate from the free circulation of the Community and which are brought back into the territory of Appendix 2 without interruption of the journey through the territory of a third State shall not be subject to the veterinary border control.

Veterinary agreements

§ 6. (1) The import and transit of animals, goods and objects from third countries which are subject to an agreement with the Community concerning veterinary measures in the trade in live animals, goods and objects shall be subject to the following conditions: Provisions of this Agreement. The provisions of this Regulation, which are contrary to such agreements, shall not be applied in this case.

(2) The Federal Minister for Health, Family and Youth shall, without prejudice to the provisions applicable to the presentation of those agreements, publish the agreements referred to in paragraph 1 in the "Official Veterinary News".

Special provisions for animals

§ 7. From the veterinary border control according to § 5 are excluded:

1.		the import of pet animals, guide dogs and dogs in the rescue service and in the emergency service, service dogs of the Bundesheeres, the customs administration, the federal police and the judicial system, if they are in accordance with the provisions of Regulation (EC) No 998/2003 fulfil the conditions laid down;
2.		the transit of animals in accordance with Z 1, if they meet the import requirements applicable to them.

Special provisions relating to goods and articles

§ 8. Are not subject to veterinary border control in accordance with § 5:

1.		Infant formula, including milk powder mixtures and medical reasons, in the personal luggage of travellers, if they are original packaged non-refrigerated branded products;
2.		Meat, meat preparations and meat products of bovine, ovine, caprine animals, swine, horses, poultry, farmed game (farmed game) and wild game, and milk and milk products up to a maximum of five kilograms per person in the personal luggage of Travellers from the States of the Faroe Islands, Greenland, Iceland, Liechtenstein and Switzerland;
3.		Meat, meat preparations and meat products of bovine animals, sheep, goats, swine, horses, poultry, farmed game (farmed game) and wild game, and milk and milk products, in the personal luggage of travellers from the States of Andorra, Norway, San Marino and Vatican City;
4.		meat, products of animal origin and products of animal origin, provided that such goods are carried in international transport for the benefit of the staff and passengers in transport, provided that such goods are not in the territory of Installation 2. If these products or kitchen waste produced therefrom are unloaded, they shall be deemed to be Category 1 material in accordance with Regulation (EC) No 1774/2002 and shall be destroyed in accordance with the provisions of this Community legislation;
5.		Fishery and aquaculture products, consumer eggs, honey, honey products, beeswax, jelly, propolis, pollen and products thereof, if the quantity in question does not exceed one kilogram and, in the personal luggage of travellers, for: whose own consumption is carried on or is addressed in the form of small consignments to private individuals, provided that such imports are not carried out for commercial purposes. The goods may only come from third countries from which industrial imports are permitted;
6.		Dried fodder containing animal feed or animal by-products, as well as hay and straw, provided that such goods and goods are used by travellers or, for reasons of residence, in an appropriate quantity for feeding at the same time. animals are imported or carried out;
7.		Products intended for human consumption, consisting of different constituents, where the level of heat-treated milk, milk products or honey or egg products or fishery products is not more than 50% if it is The ambient temperature is preserved, and is clearly marked for human consumption and is safely packaged or sealed in clean containers. You have to carry a trade document in German and also be marked in this language. The consignments may only come from third countries from which the import is permitted on the basis of the relevant country lists;
8.		Biscuits, bread, cakes, chocolate, empty gelatine capsules;
9.		dietary supplements containing small components of animal products (other than meat products) and food supplements containing glucosamine, chondroitin or chitosan;
10.		Meat extracts and meat concentrates and olives filled with fish;
11.		Noodles which are not filled with or mixed with meat products;
12.		Soup powder packed for the final consumer, containing meat extract, meat concentrate, animal fat, fish oils, powder or extracts;
13.		Hunting trophies from animals other than ungulates and birds, as well as full taxidermically treated hunting trophies;
14.		reworked egg shells, carded or combed wool and animal hair, and yarns and tissues thereof;
15.		Feathers and down feathers and articles of feathers and down as well as feather feathers and feathers, which are carried for their own use in the field of travel or are imported for non-commercial purposes as consignments to private persons;
16.		Leather and fully tanned, pickled, capped hides and skins in the condition "wet blue";
17.		Bulkware, finished medicinal products and immunological veterinary medicinal products (goods within the meaning of § 1 para. 1 of the 2002 Medicinal Products Act, BGBl. I n ° 28/2002), excluding live animals, their eggs and embryos.

Section 2

General import and transit provisions

Certificates

§ 9. Certificates issued by the competent authority of the country of origin shall be certificates certifying the circumstances to be assessed in accordance with this Regulation (animal health certificate, health certificate and other testimonies).

(2) Certificates must be submitted to the authority or to the official veterinarian in the original or certified copy and must be issued in German or provided with a German translation certified officially. When laid down in Community law, certificates for consignments destined for another Member State must also be issued in one of the official languages of that Member State.

(3) Where Community law allows, certificates may be recognised in another language of the Community, provided that verification of compliance with the provisions is possible; there is no legal right to such recognition.

(4) If nothing else has been provided by the authorities, the validity of the certificates for live animals shall be limited to ten days from the date of the date of the date of the date of the date of the exhibition. If the transport is carried out on a ship, the validity shall be extended by the duration of the ship's transport.

(5) Certificates must either be made up of a single sheet or a single sheet, or the individual sheets must be connected to each other in a document-law manner. They must be stamped with a stamp and signed by the certifying officer, who will be able to stand out from the text of the text.

Certificates must be issued in such a way as to comply with the rules and principles laid down in Council Directive 96 /93/EC. Where certificates, samples or forms exist and provide for these alternatives, the existence of at least one of the alternatives must be certified. The removal of parts or paragraphs of the EC certificate of certification shall not be allowed in the case of the issue of the certificate, except as expressly provided for in Community legal acts; fields not filled in shall be deleted; Any further deletions in the certificates shall be admissible only if these deletions are provided for in the certifying pattern.

(7) Where transport concerns a number of destinations, the consignments must be divided into as many units as destinations. Each unit must be accompanied by its own original certificate.

(8) without prejudice to other legal provisions, certificates are to be kept by the consignee of the consignment at least until the end of the following calendar year.

(9) If, under Community law, the fulfilment of additional guarantees in the case of intra-Community transfers to the territory of a Member State is required, imports from third countries must also be included in the territory of a Member State. Member State of destination, the certificate referred to in paragraph 1 shall be supplemented by a declaration by a certifying authority of the State of origin from which it appears that these conditions are also fulfilled.

Forms

§ 10. (1) The certificates must be in accordance with the patterns or forms provided for in the Community rules referred to in Article 11 (1).

(2) The Federal Minister for Health, Family and Youth shall publish the samples and forms to be used in accordance with paragraph 1 in the "Official Veterinary News".

Requirements for consignments subject to control

§ 11. (1) The following, in each case applicable Community legislation, together with the decisions based on them, shall be complied with in the case of the import and transit of consignments subject to control, and the certificates required in this case shall be complied with: the following:

1.		Directive 88 /407/EEC;
2.		Directive 89 /556/EEC;
3.		Directive 90 /426/EEC;
4.		Directive 90 /429/EEC;
5.		Directive 90 /539/EEC;
6.		Directive 91 /67//EEC;
7.		Directive 92 /65//EEC;
8.		Directive 92 /118/EEC;
9.		Directive 96 /22/EEC;
10.		Directive 96 /23/EC;
11.		Directive 96 /93/EC;
12.		Directive 2002 /99/EEC;
13.		Directive 2003 /99/EEC;
14.		Directive 2004 /68/EC;
15.		Directive 2006 /88/EC;
16.		Regulation (EC) No 1774/2002;
17.		Regulation (EC) No 998/2003;
18.		Regulation (EC) No 2160/2003;
19.		Regulation (EC) No 745/2004;
20.		Regulation (EC) No 853/2004;
21.		Regulation (EC) No 854/2004;
22.		Regulation (EC) No 878/2004;
23.		Regulation (EC) No 2074/2005;
24.		Regulation (EC) No 2075/2005;
25.		Regulation (EC) No 2076/2005;
26.		Regulation (EC) No 2007/2006;
27.		Regulation (EC) No 318/2007.

(2) Animals must be transported in accordance with the provisions of Regulation (EC) No 1/2005.

(3) Fresh meat must come from animals slaughtered or killed in accordance with Directive 93 /119/EEC.

Authorisation-free import

§ 12. (1) The harmonized import of animals, goods and goods subject to the veterinary inspection obligation in accordance with § 5 shall not be subject to authorization in accordance with § 14.

(2) Laboratory reagents and in-vitro diagnostic medical devices may be introduced without authorization in accordance with § 14 if:

1.		the single pack does not exceed 100 ml and
2.		the notifier shall submit a written declaration by the consignee to the consignee that the consignee shall commit himself to:
a)			the laboratory reagents or in vitro diagnostic medical devices shall be used exclusively for laboratory purposes in such a way as to prevent the risk of animals or humans being endangered,
b)			they are not applied to humans or animals,
c)			Packaging material, unused laboratory reagents and in vitro diagnostic agents or residues of these materials after proper use shall be destroyed in a harmless and safe manner,
d)			an underwritten copy of the recipient ' s declaration shall be kept for at least one year, together with the certificate of production, and shall be submitted at any time to the inspection bodies at their request for inspection.

(3) Monoclonal and polyclonal antibodies, cell lines of animal cells, animal cells and tissues may be introduced without authorisation in accordance with § 14, if the notifier submits a confirmation to the consignment that:

1.		the consignment does not contain any infectious material or pathogen of animal diseases; and
2.		the consignment is used exclusively for laboratory purposes in such a way that it is not possible to endanger animals or humans.

(4) Sample material may be introduced without authorization in accordance with § 14 if it has been fixed, irradiated or otherwise treated in formalin, which is suitable for killing any pathogens contained therein, and provided that the notifier of the consignment is a Confirmation of the treatment presented.

(5) Invertebrata (invertebrata) excluding bees (Apis mellifera) and those animals which are regulated in a species other than Directive 92/65/EEC may be imported into the EC from third countries without authorization in accordance with Article 14, if the conditions are met: of Article 4 of Directive 92 /65/EEC.

Authorisation subject to authorisation

§ 13. (1) Animals, goods and objects which are subject to a border veterinary inspection in accordance with § 5 and which are not subject to the authorisation-free import in accordance with § 12 may only be introduced with an authorization in accordance with § 14.

(2) In any case, consignments of

1.		Embryos of domestic cattle that are before the 1. Jänner 1991,
2.		Seeds of domestic cattle, who are before the 1. Jänner 1990,
3.		Semen of howls, who are before the 1. Jänner 1992,
4.		Pathogenic agents other than immunological veterinary medicinal products.

Import and transit permits

§ 14. (1) On request, import and transit permits shall be issued by the Federal Minister for Health, Family and Youth if the import or transit of the consignment under consideration does not involve the risk of the introduction of epizootic diseases , and if the third country or part of the country in question is admitted to import by a Community act and the import or transit does not conflict with the provisions of Community law.

(2) Without prejudice to Community rules on animal health in third countries, the importation of animals, goods and objects for scientific purposes, for special examinations or analyses, for exhibition purposes, for presentations or for the purpose of carrying out the work, shall be subject to the following conditions: Measurement shall be granted where it is ensured that the animals, goods or objects, after completion of the scientific work, examination, analysis, exhibition, screening or trade fair, shall be immediately either from the territory of the Community or, in the case of animals after their killing, is destroyed.

(3) Applications referred to in paragraphs 1 and 2 shall contain the following information:

1.		the name and address of the applicant;
2.		the subject of import, and in the case of live animals, the number of items,
3.		the State of origin and the State of origin,
4.		the type of transport (rail, lorry or the like),
5.		the next third country in transit,
6.		the place of destination, indicating the exact address at the time of importation, and
7.		the State of destination in transit,
8.		in the case of paragraph 2, information on the place of destination, the route of transport, use, any security measures and information on how to ensure the disposal of such products.

(4) Where it is necessary to provide veterinary police, the authorization shall include the necessary conditions and conditions, in particular the freedom of certain pathogens, the use of certain diagnostic procedures, which shall: the border inspection post and the place of destination at the time of importation, the border inspection post and the border exit point for transit and the means of transport, as well as any disposal routes.

(5) Where a declaration of acceptance by foreign authorities is required for consignments subject to authorisation, the veterinary authorisation may be granted only after such declarations have been issued. The respective declaration shall be submitted by the applicant to the Federal Ministry of Health, Family and Youth.

(6) In an authorisation, derogations from the provisions of § § 27 to 32 of this Regulation may apply to imports of hay and straw, as well as to the re-entry of animals which are close to the border and only temporarily in an immediate shall be granted for working or grazing purposes, provided that the following conditions are met:

1.		The place of origin and destination of the consignment may not be more than 5 km away from the customs border,
2.		the property of the place of origin as well as that of the place of destination must be used for the holding or use of the farmer;
3.		whereas there should be no veterinary objections to such facilities;

(7) Veterinary approvals for the importation of animals, goods or objects issued by a Member State of the Community shall be recognised under the following conditions:

1.		The authorization has been issued by an officially authorized body in a Member State of the Community,
2.		the authorization is issued in German language, or a certified German translation is attached,
3.		the authorization shall be submitted to the veterinarian in the original or in a certified copy;
4.		the authorization is valid and its content is objectively correct and does not contradicts the Austrian legislation.

Authorisation of guarantees of origin

§ 15. Where the import of animals, goods and objects in Community legislation provides for the obligation to come from approved establishments, such establishments must be approved by the third country in question and must be made available on the home page of the European Commission or on the homepage of the Federal Ministry of Health, Family and Youth published.

Authorisation of destination establishments

§ 16. (1) For establishments designated in accordance with Appendix 9 In the territory of Appendix 2, consignments of animals, goods and objects may only be dispatchable if those establishments are approved and published by the respective State of destination.

(2) Companies of destination in accordance with Appendix 9 in Austria require, if they are not already authorised under other veterinary or food law provisions, the modest authorisation (approval) by the district administration authority. The authorization shall be granted if the conditions of authorisation of Community law set out in Annex 9 are fulfilled. The approved farms are to be reported to the Federal Minister for Health, Family and Youth by the State Governor and to be published on the homepage of the Federal Ministry of Health, Family and Youth. The authorization is only valid with the date of publication on the homepage of the Federal Ministry of Health, Family and Youth. The approved establishments must be checked at least once a year by the official veterinarian for the compliance with the approval and operating conditions. Where deficiencies are identified, the removal must be carried out within a reasonable period of time. The authorisation shall be withdrawn by the district administrative authority if the approval and operating conditions referred to in Annex 9 are not fulfilled in due time despite a defect in the application of the defect.

(3) In the case of destination establishments in other Member States, on the occasion of the border control of the person entitled to dispose of the person concerned, the relevant documents indicating the approval of the holding shall be provided.

Section 3

Special import and transit provisions

Import and transit bans

§ 17. The entry or transit of animals, goods and objects of the species or uses referred to in Appendix 1, which are not subject to the provisions of § § 7 and 8 or may not be introduced in accordance with § 12 without authorisation or for which none of them veterinary import authorisation pursuant to section 14 shall be submitted, shall be prohibited.

Special import and transit prohibitions

§ 18. (1) The outbreak of an epizootic disease has been reached in accordance with Appendix 10 in a third country, the Federal Minister for Health, Family and Youth on the occasion of their official knowledge, the import and transit of animals, goods and objects by which the introduction of the epizootic disease could take place from the third country concerned shall be prohibited until the date on which the Community is taking appropriate measures.

(2) The entry or transit of animals, goods and objects of the species or uses referred to in Appendix 1 shall be prohibited if and to the extent that they are imported or transit through a measure adopted by the Community for the third country in question, or has been issued, restricted or excluded from the territory of a third country concerned.

(3) The Federal Minister for Health, Family and Youth has to publish the national measures pursuant to paragraph 1 as well as the repeal thereof in the "Official Veterinary News" on the homepage of the Federal Ministry of Health, Family and Youth.

(4) The Federal Minister for Health, Family and Youth shall be entitled to import and transit animals, goods and objects of the species referred to in Appendix 1 from a third country before the publication of the notice referred to in paragraph 1 by direct contact with the Forcibly, as soon as the outbreak of the disease in that third country has been officially brought to the attention of him, if that measure is necessary to avert a risk of the spread of animal diseases.

Import bans for infringement of the rules of the State of destination

§ 19. The importation of animals, goods and objects intended for another Member State of the Community shall be prohibited if the consignment does not comply with the veterinary and hygiene rules of the Member State of destination.

Transit of animals

§ 20. (1) The transit of animals shall be permitted if the State of origin of the consignment complies with the veterinary conditions applicable to imports into the Community or the conditions of transit in accordance with Community legislation.

(2) The transit of animals must be carried out under customs control.

(3) Paragraph 2 does not apply to transit in the case of interlandings in air transport and transit in the shipping sector.

(4) With regard to export control for live animals, transit is subject to the provisions of Regulation (EC) No 282/2004.

(5) The border veterinarian of the entrance border inspection post shall inform the border veterinarian of the exit border inspection post by means of TRACES from the point of departure.

(6) The border veterinarian of the exit border inspection post shall confirm, on the certificate of dispatch, that the consignment in question has left the territory in accordance with Appendix 2 and has, by means of TRACES or in any other way, to the the entry border inspection post shall transmit a copy of this document.

Transit of goods and goods

§ 21. (1) The transit of goods and goods from a third country to another third country by Austria shall be permitted if:

1.		the consignments come from a third country whose products are not subject to an import ban on the territories referred to in Appendix 2 and where the consignments are intended for another third country, and
2.		the certificates required under Community law are submitted to the Austrian border veterinarian at the border inspection post of the Austrian border veterinarian at the border control office of the Austrian veterinary authorities; and
3.		the person entitled to dispose of the goods is obliged in writing during the veterinary inspection to take over the consignment in the event of a refusal and to have it returned from the territory in accordance with Appendix 2 or to have it removed from the point of view of the right to be destroyed.
or if the transit has been authorised by a border veterinarian of a Member State in which the consignment has first arrived in the territory referred to in Appendix 2.

(2) Where no certification pattern is established for a type of shipment in Community law, transit from the Austrian border veterinarian to the entrance border inspection post may only be permitted if the consignments are certified in accordance with § 9 in which the origin of the consignment and its freedom from disease is assessed in accordance with Annex 10.

(3) In the case of transit through the areas referred to in Appendix 2 on the road, on the rail or on the waterway, the following conditions shall apply:

1.		The consignment must be brought under customs supervision in the external Community transit procedure or in another external transit procedure, in accordance with Article 91 (2) of the Code, to the exit border inspection post. In so doing, the certificates referred to in paragraph 2 and the certificate of clearance must be accompanied by an indication of the border inspection post at which the consignment leaves the territory in accordance with Appendix 2.
2.		The consignment must be transported without transhipment or part of the consignment after leaving the entrance border inspection post in officially sealed vehicles or containers up to the exit border inspection post.
3.		The consignment must leave the area referred to in Appendix 2, via a border inspection post approved by the veterinary authorities, within 30 days from the date of dispatch at the entry-border inspection post.

(4) The border veterinarian of the entrance border inspection post shall inform the border veterinarian of the exit border inspection post by means of TRACES from the point of departure.

The border veterinarian of the exit border inspection post shall confirm, on the certificate of dispatch, that the consignment in question has left the territory in accordance with Appendix 2 and has, by means of TRACES or in any other way, to the the entry border inspection post shall transmit a copy of this document.

(6) Where the frontier veterinarian has not been informed that the consignment has left the territory in accordance with Appendix 2 within 30 days, he shall, at the end of that period, have to do so to the customs office at the local customs office of the In order to carry out all necessary investigations to determine the actual fate of the consignment, it is the responsibility of the entry border inspection body to report.

Re-importation of animals

§ 22. The re-entry of animals shall be permitted only under the conditions of the harmonised import or with a veterinary authorisation in accordance with § 14. The authorization shall lay down the conditions required for veterinary use.

Re-importation of goods and goods

§ 23. (1) The re-entry of consignments of consignments originating in the territory referred to in Appendix 2 which have been rejected by a third country shall be permitted under the following conditions:

1.		The consignments must be accompanied by the following documents: in any case, the original certificate of the Member State of origin or a copy thereof certified by the authority of the rejecting State, and either:
a)			a certificate issued by the competent authority of the country of return with the following information:
aa)				reasons for refoulement, and
bb)				confirmation that the conditions for the storage and transport of the consignment have been complied with, and
cc)				confirmation that the products in question have not undergone any treatment;
			or
b)			in the case of containers which have been originally sealed by the competent authority of the territory in accordance with Appendix 2, confirmation of the carrier certifying that the contents have not been treated or unloaded.
2.		The consignments concerned shall also be subject to the inspection of the documents, the inspection of the documents and the suspicion that they are suspected of being in breach of the rules on veterinary legislation and the identity of the identity of the consignment. These tests and examinations must not give cause for complaint.
3.		The consignments concerned must be returned, under official supervision, directly to the holding of origin in the territory referred to in Appendix 2, in which the certificate of veterinary certification has been issued. In the case of transit through another Member State of the Community, this transit shall be permitted previously by the border veterinarian of the border inspection post at which the consignment first enters an area referred to in Appendix 2, for all Member States of transit has been made.

(2) The re-entry of a consignment which has been rejected by a third country and originating in the territory referred to in Appendix 2 shall be permitted if the competent authority which issued the original certificate has consented to the withdrawal of the consignment and the conditions laid down in paragraph 1 are met.

(3) The forwarding of the consignment to the holding of origin must be carried out under the authority of the authorities in dense means of transport, which have to be labelled by the authorities and which must be sealed by the authorities in such a way as to ensure that the seals are opened in the event of an opening of the Containers are destroyed.

(4) The border veterinarian of the border inspection post shall inform the competent authority of the place of destination by means of TRACES on the re-entry of the consignment.

Means of transport and transport

§ 24. (1) Animals, goods and objects of the Appendix 3 shall be imported only in transport means and containers which comply with the requirements set out in this Annex.

(2) Poultry and hatching eggs of poultry may only be imported into transport containers which contain exclusively animals or hatching eggs of the same species, used for the same purpose and come from the same holding.

(3) The means of transport or transport of goods or objects shall be so equipped that a customs-official closure of the consignment is possible.

Transport to and measures at the place of destination of live animals

§ 25. (1) Animated animals shall be transported directly to their destination. The consignee of the animals referred to in paragraph 4 shall immediately report the arrival of the consignment at the place of destination to the district administrative authority. The certificate must be accompanied by the consignment and presented in the original to the competent authority of the place of destination.

(2) Klauentiere and solipeds intended for slaughter may only be brought directly into slaughterhouses which have been approved in accordance with Article 10 (1) of the LMSVG. The animals shall be slaughtered there, unless a shorter period is specified, at the latest 72 hours after their arrival.

(3) Battle poultry must be brought directly into a slaughterhouse approved in accordance with Article 10 (1) of the LMSVG and slaughtered no later than 72 hours after the arrival.

(4) Klauentiere and solipeds imported into Austria (with the exception of temporarily imported registered solipeds), poultry for breeding and useful purposes, wild birds, ornamental birds and primates (monkeys) shall be kept separate at the place of destination, and are subject to observation by the district administration authority. The animals may not be brought out of operation during the observation period fixed in accordance with Community law or by the Authority.

Breeding and livestock animals imported from third countries shall be subject, from their inclusion in the destination specified in the certificate of dispatch, to the domestic rules and shall only be subject to the conditions laid down in Annex 2 within the territory of the territory of the Member State concerned. Provisions relating to intra-Community movement shall be introduced.

(6) Where, on the basis of the results of laboratory tests initiated on the occasion of the border veterinary inspection, it is subsequently established that the animals do not comply with the import requirements, the local competent authority shall: To apply the relevant provisions applicable to intra-Community traffic.

(7) With regard to any costs for veterinary measures at the national destination, § 4c (2) TSG shall apply.

(8) In the case of animals which, pursuant to Community legislation, are only designated destinations such as slaughterhouse, quarantine station for the importation of ornamentals in accordance with Regulation (EC) No 318/2007, approved establishment according to the Directive 92/65/EEC, authorised import centres pursuant to Decision 2003 /858/EC or Decision 2003 /804/EC, the official veterinarian of the local district administrative authority shall be in addition to the other provisions § 25 commits to check whether the consignment is in quantitative and the quality of the information contained in the certificate of production transmitted by the border entry point. In the event of non-compliance, it shall proceed as follows:

1.		If the consignment has not arrived, part 3 of the certificate of dispatch transmitted with TRACES shall be completed and transmitted to the border inspection post.
2.		If the number of animals does not correspond to the particulars in the certificate of production or if there is a suspicion of a disease of the animals, part 3 of the certificate of production must be completed and transmitted to the border inspection post. A lock shall be available through the consignment until the declaration.
3.		There is a ban on a shipment that arrives without a TRACES message, and it is in contact with the border inspection post or with the Federal Ministry of Health, Family and Youth on the basis of these documents. ,

Transport of goods and goods to the place of destination and to the measures at destination

§ 26. (1) The place of destination of goods and goods must be such that all Community veterinary and hygiene rules are laid down for the storage of the present consignment and that a spot check is carried out by the the local authority.

(2) In the case of the carriage of goods and goods which, in accordance with the provisions of Community law, have to be monitored for transport from the border inspection post to the place of destination, the following conditions shall be met:

1.		The transport of the consignments concerned shall be carried out between the border inspection post and the holding at the place of destination, under the authority of the authorities, in sealed vehicles or containers which have been sealed by the authorities. The consignments must, within the meaning of Part IVa of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 378, 31.12.1993, p. No. 1) shall be accompanied by a T5 control copy and shall remain under customs control until the place of destination specified in the certificate of dispatch. At the place of destination, the original veterinary certificate must be submitted to the customs and veterinary authorities in the original. The certificate of clearance must indicate the approved customs-approved treatment and, where appropriate, the type of processing provided for.
2.		The border veterinarian of the border inspection post shall communicate to the veterinary authority responsible for the operation at the place of destination the origin and place of destination of the consignment by means of TRACES.
3.		The official veterinarian responsible for the place of destination or the intermediate storage facility shall inform the border veterinarian of the border inspection post within 15 days of the arrival of the consignment at the place of destination, and he shall also inform the official veterinarian of the date of arrival at the place of destination. carry out regular checks in order to ensure, in particular through the control of the entry registers, that the announced shipments have arrived at the destination of destination.

(3) Where it is established by the local authority that a consignment has not arrived at the place of destination in accordance with paragraph 2, it shall notify the border inspection post and shall take all necessary measures to identify the consignment. .

(4) Goods and goods imported from third countries shall, after arrival at the place of destination, be subject to the provisions relating to intra-Community transfers.

(5) If, on the basis of the results of laboratory tests initiated at the time of the border veterinary check, it is subsequently established that the goods or objects do not comply with the provisions of this Regulation, the the local competent authority shall apply the applicable rules applicable to intra-Community traffic.

(6) With regard to any costs for veterinary measures at the national destination, § 4c (2) TSG applies.

Section 4

Veterinary border control

Place of border control

§ 27. (1) The import and transit of consignments subject to control shall be authorised only through a border inspection post which is authorised in accordance with Directive 97 /78/EC or Directive 91 /496/EEC for the relevant types of shipment.

(2) Without prejudice to paragraph 1, the exit control may be carried out in accordance with Section 21 (5) at any approved border inspection post. This provision shall not apply to border inspection posts which may only produce fishery products.

(3) Austrian border inspection posts for the purpose of carrying out border checks on imports from third countries into the Community shall be provided by the Federal Minister for Health, Family and Youth in accordance with the legislation of the European Union Community. The border inspection posts are to be published on the homepage of the Federal Ministry of Health, Family and Youth.

Control bodies

§ 28. (1) Border veterinary checks shall be carried out by border veterinarians who have been appointed by the Federal Minister for Health, Family and Youth. The Federal Minister of Health, Family and Youth shall be responsible for the supervision of the supervision of the border veterinary inspection.

(2) The official veterinarian shall have the official badmark in his/her duties according to: Appendix 5 .

(3) Border veterinary inspection certificates shall be completed by the border veterinarian and shall be subject to the official stamp of the veterinary surgeon according to the model of the Appendix 4 on the market.

Fees

§ 29. (1) For the purposes of the control of the border veterinary inspection and for the operation and maintenance of the border inspection posts, in particular for the loading and loading of consignments of consignments of goods and for the conserving of goods the importer, the shipper, the transporter and the consignee as a total debtor, shall be responsible for the safekeeping and supply of live animals until the conclusion of the investigation procedure, in accordance with Appendix 6 to be paid.

(2) The border control fee shall be to the declarant or, if there is no customs declaration, to the person who has to comply with the obligation under Article 38 (1) of the Code.

Where agreements between the Community and third countries are subject to special charges, the provisions of the Agreement shall apply.

Declaration of consignments

§ 30. (1) The importer shall notify the estimated time of arrival of the animals, goods or objects intended for import or transit at least one working day before the border inspection post. The species and the number of animals, or the quantity of goods or objects, shall be disclosed.

(2) In the event of the appointment of the border veterinarian to a consignment which has not been notified in accordance with paragraph 1, a delivery fee pursuant to Appendix 6 shall be charged, plus the border control fee.

(3) Where there is a consignment of checks, the importer shall have the following information:

1.		in the case of consignments in road transport on the occasion of the border crossing, the customs office in whose local area the border inspection post is situated; and
2.		in the case of consignments in rail, air or maritime transport, to announce to the transport undertaking (carrier) before the delivery of the consignment.
The customs office, otherwise the transport company, shall immediately notify the border veterinarian of the entry of a consignment to the border inspection post at the border inspection post.

(4) The importer has to use the forms provided on the homepage of the Federal Ministry of Health, Family and Youth for this purpose for the notifications in accordance with paragraph 1. The application in accordance with paragraph 1 is to be completed in German.

Border veterinary inspection

§ 31. (1) Animals, goods and objects Appendix 1 are subject to the inspection, inspection and physical examination or the inspection of goods by the veterinarian at the time of importation and transit.

(2) The scope of the checks shall be

1.		in the case of live animals, in accordance with the procedure laid down in Article 16 of Directive 91 /496/EEC, and
2.		in the case of goods and objects, in accordance with the procedure laid down in Article 10 of Directive 97 /78/EC.
This level of control shall be published in the "Official Veterinary Messages".

(3) Each consignment of goods and articles intended for a Member State or territory for which there are special requirements under Community law, and each consignment which is intended to be used for certain uses shall be subject to the inspection, inspection and inspection of documents at the border inspection post, and in particular whether the consignment is subject to the rules applicable to the the Member State of destination or the region of destination in question.

(4) The meat of wild game in the ceiling shall be subject to document control, inspection and inspection of goods, with the exception of the control of the fitness for health and the examination of residues. The health check and residues shall be carried out by the official veterinarian at the office of destination in which the consignment is to be placed under customs control; the result of this investigation shall be the The border inspection post on which the consignment has been produced shall be notified. This message shall be made via TRACES.

(5) Consignments of goods and goods whose customs-approved provision in accordance with the Customs Code differs from the customs-approved provision in accordance with Art. 7 and Article 12 (3) of Directive 97 /78/EC shall be subject to an identification check and a certificate of conformity to the provisions of the customs code. be subjected to a physical inspection to ensure that the consignments meet the import conditions, unless the consignments are destroyed or rejected.

(6) The certificates and documents submitted in the course of the border veterinary inspection must be drawn in at the border inspection post and the originals and a copy of the certificate of clearance shall be kept for three years. The original certificates shall remain on the consignment during the transit.

(7) The veterinary certificates submitted must be settled as certified copies of the cross-border veterinary certificate, unless otherwise specified in the relevant decisions of the Community in this respect.

Examination of documents, examination of the situation and physical examination or Physical inspection

§ 32. (1) The procedure for the verification of documents and the control of the register shall be carried out in the case of animals in accordance with the procedure laid down in Article 4 of Directive 91 /496/EEC and in the case of goods and objects in accordance with the procedure laid down in Article 8 of Directive 97 /78/EC. This approach is to be published by the Federal Minister for Health, Family and Youth on the "Official Veterinary News".

In the case of animals, goods and objects referred to in Appendix 1 for which a health certificate or a health certificate is not required, the document verification shall be based on the verification of other items accompanying the consignment. Documents to be extended.

(3) The physical examination of animals subject to the provisions of § 12 (free import) shall be carried out in accordance with the procedure laid down in Article 4 (2) of Directive 91 /496/EEC. The way in which such investigations are carried out is to be published by the Federal Minister for Health, Family and Youth on the "Official Veterinary News".

(4) The inspection of goods and goods covered by Section 12 (free import) shall be subject to the following conditions: Appendix 7 shall be made.

(5) The physical examination of animals and the inspection of goods and goods for which a veterinary import permit is required in accordance with Article 14 must be carried out in accordance with the procedure laid down in the respective authorization. is fixed.

(6) The inspection and physical examination of animals may be carried out in the maritime and air transport sector at the first-contact point of the border inspection post if the person entitled to dispose of animals so wishes and

1.		the document control has no reason to complain; and
2.		the port or airport to which the veterinary border control is to be continued is approved for the purpose of handling this type of shipment; and
3.		no change of transport means is provided for.
The border veterinarian of the border inspection post at which the document control has been carried out shall communicate to the border inspection post at which the inspection and physical examination will be carried out by means of TRACES.

(7) The inspection, inspection and inspection of goods for goods and objects may be carried out at the border inspection post in the maritime and air transport sector if the consignment is carried out at the border inspection post

1.		is not being unloaded or
2.		be reloaded from one aircraft to another or within seven days from one ship to another at the place of the same airport or port within a period of 12 hours.
In such cases, the control of the border veterinarian has to be limited to the examination of the on-board manifesto. This is to be made available to the border veterinarian by the operators of the airport or port immediately after the arrival of the consignment. In the case of transhipment, the operator shall indicate the planned transfer time and the possible storage location.

(8) The transhipment or temporary storage at the place of office in the air traffic is longer than 12 hours, but not more than 48 hours, and in the case of shipping for more than seven days, but not more than 20 days, the border veterinarian shall have a Carry out document verification. The application for border veterinary checks must be carried out before the expiry of the minimum periods (twelve hours or seven days respectively).

(9) After the expiry of the maximum periods of 48 hours or 20 days, the inspection and inspection of the goods must also be carried out.

(10) In exceptional cases where there is a risk to human or animal health or a suspicion of irregularities, the border veterinarian shall carry out an additional inspection of the goods.

Veterinary authorisation to import or transit

§ 33. (1) The veterinary checks and checks shall lead to the result that the animals, goods or objects are imported or imported into the Community. In accordance with the provisions of the Directive, the border veterinary surgeon must certify that the certificate is certified by the border veterinary surgeon.

(2) The competent authority of the place of destination shall be informed by the border veterinarian by means of TRACES in accordance with the provisions of Directive 90 /425/EEC.

(3) The certificate of production shall be accompanied by the goods and articles

1.		as long as the consignment is under customs control, and
2.		if the consignment is imported under customs control, until the arrival on the first holding in accordance with the provisions of Directive 89 /662/EEC, or in the first centre or the first body, in accordance with the provisions of Directive 90 /425/EEC, in the case of the, or the, the
shall be accompanied.

(4) The certificate of dispatch shall accompany the animals up to the competent customs authority and then to the place of destination indicated in the certificate of dispatch.

(5) In the case of consignments which are carried out in a number of parts of a border veterinary, the provisions of paragraph 3 or (4) shall apply for each part-consignment.

(6) If the document verification in accordance with § 32 results in the documents not complying with the rules on import and transit, the border veterinary inspection shall be suspended. A reasonable time limit must be given to the right of disposal in order to remedy the defect. During the period, the consignment may not leave the office. In the case of live animals, the person entitled to dispose of animals shall ensure the welfare of the animals and the care provided. After the expiry of the period, the copy shall be continued with the documents available at that time.

Reject

§ 34. (1) If the veterinary examinations and checks lead to the result that goods or objects do not comply with the provisions of this Regulation, the veterinarian shall, after hearing the right of disposal or his representative, To arrange the following:

1.		the immediate return of the consignment in question; in such case, the certificates submitted shall be marked by the border veterinarian with the inscription "rejected"; or
2.		With the prior consent of the Federal Minister for Health, Family and Youth, the import for the immediate destruction of the consignment in question at the nearest facility for this purpose, which is intended for this purpose, in accordance with Regulation (EC) No 1774/2002, if the return is not possible or if the return to the return is contrary to veterinary or sanctity concerns;
3.		, with the prior consent of the Federal Minister for Health, Family and Youth, the import for the immediate processing of the consignment in question in a body designated for that purpose and approved in accordance with Regulation (EC) No 1774/2002, provided that this treatment does not present a risk to human and animal health; there is no legal right to treatment;
4.		if the consignment has not been returned, it shall be destroyed in any case at the expense of the person concerned in accordance with Z 2 after the expiry of a period of 60 days following the refusal by the veterinarian of the border veterinarian.

(2) If the veterinary examinations and checks lead to the result that the animals do not comply with the provisions of this Regulation, the veterinarian shall, after hearing the person entitled to dispose of the animals or his representative, to arrange:

1.		the immediate return of the consignment in question; in such case, the certificates submitted shall be marked by the border veterinarian with the inscription "rejected"; or
2.		After prior approval by the Federal Minister for Health, Family and Youth the import
a)			for immediate slaughter or killing or destruction; or
b)			for accommodation in the nearest prescribed quarantine station in accordance with Annex B to Directive 91 /496/EEC, which may provide sufficient capacity for the reception of all animals in the consignment; or
c)			in the case of ungulates or poultry, to be quarantined at the place of destination of the animals,
		in cases where a return is not possible or where there is a risk of repayment of veterinary or health-related concerns, or where there is a need for killing or destruction for veterinary reasons, or Further transport of animals, including return on grounds of animal welfare, cannot be authorised.

(3) Quarantine stations within the meaning of section 2 (2) (2) (lit). b require the Federal Minister for Health, Family and Youth to be approved as a quarantine station for the appropriate species. This authorisation shall be granted in a modest manner if the conditions of authorisation are fulfilled in accordance with Annex B to Directive 91 /496/EEC. The approved quarantine stations are to be published by the Federal Minister for Health, Family and Youth on the homepage of the Federal Ministry of Health, Family and Youth. The approved quarantine stations shall be checked at least once a year by a border veterinarian in order to comply with the conditions of approval and operating conditions. Where deficiencies are identified, the removal must be carried out within a reasonable period of time. The authorization shall be withdrawn by the Federal Minister for Health, Family and Youth if the above approval and operating conditions are not fulfilled in due time despite a defect in the application of the defect.

(4) The border veterinarian shall refuse the authorisation of the consignment to import or transit if he is unable to carry out the investigation without assistance by other persons, neither the sender nor the consignee for such a consignment. Assistance shall be provided and the importer or carrier shall not be able to provide such assistance or refuse to provide such assistance.

(5) The border veterinarian shall refuse the authorisation of the consignment to import or transit if the consignment is made at a border inspection post which is not authorised for the purpose of handling this type of shipment. At the request of the person entitled to dispose, the consignment must be rejected for a fee.

(6) In the event of a rejection, the Federal Minister for Health, Family and Youth may carry out additional investigations and checks beyond the procedures laid down in § 31 and § 32, on the request of the authorized person. , and agree to a new frontier veterinary inspection procedure.

(7) The costs of the return of the consignment, for the destruction of goods and objects, for the slaughter or killing and destruction of animals, for the other use of the consignment, for the accommodation, Supervision as well as the treatment of animals and disinfection shall be borne by the importer and the right of disposal as the total debtor.

(8) The result of the examination must be recorded in the certificate of dispatch, the measures referred to in paragraph 2 must be entered in the certificate of dispatch and the authority responsible for the place of destination must be informed by means of TRACES.

Imports of goods and objects in free zones, free warehouses, customs warehouses or in warehouses of ship-based outfitters

§ 35. (1) In the case of consignments of goods and objects from third countries which are intended for a free zone, a free warehouse or a customs warehouse within the meaning of the customs code or a warehouse for equipping ships or for the direct supply of on-board catering vessels of the staff and of the passengers (ship's outfitters), the border veterinarian may authorize the entry into such a zone or into such a warehouse or import only if the person entitled to dispose of the goods has previously been given the final the customs-approved destination of these consignments. It is necessary to clarify whether the release for free circulation is provided for in one of the areas listed in Appendix 2, or whether the final customs-approved treatment is to be determined. Furthermore, the person entitled to dispose of the consignments has to indicate whether the consignments meet or do not meet the import conditions. If no definitive customs-approved treatment is specified, the consignments must be treated as if they were intended for release for free circulation in one of the areas listed in Appendix 2.

(2) The consignments referred to in paragraph 1 shall be subject to the first-touch border inspection post of the document inspection, the inspection and the inspection of the goods, in order to determine whether those consignments are subject to the conditions of import under this Regulation meet or fail to comply. The inspection of the goods shall not be necessary, except where there is a reasonable suspicion of endangering human or animal health, if the document verification already shows that the consignment in question does not comply with the rules.

(3) Where the checks referred to in paragraph 2 have been established that the rules are complied with, such consignments shall be deemed to be suitable for release for free circulation in the veterinary field.

However, where the checks referred to in paragraph 2 above state that the consignments do not comply with the rules, the customs authorities and the border veterinarians of the border inspection post shall be allowed to enter the consignments in a free zone, a free warehouse, Customs warehouses or in a warehouse of a ship's outfitter only if the following conditions are met:

1.		The products in the consignment from the third country may not be subject to an import ban on animal health.
2.		The free zones, free warehouses or customs warehouses shall not be recognised and published by the competent authority of the Member State for the storage of consignments which comply with Community law.
3.		The Austrian free zones, free warehouses and customs warehouses must be approved for the storage of the consignment. The conditions for the approval of the camps for consignments which are not in conformity with Community law shall apply Appendix 8 . § 16 (2) applies to the authorisation procedure.
4.		Ship-outfitters must comply with the conditions laid down in Article 13 of Directive 97 /78/EC.

(5) The consignments are to be placed under customs closure in the free zones, free warehouses or customs warehouses.

(6) Consignments as referred to in paragraph 4 may only leave a free warehouse, a customs warehouse or a free zone if they are either moved to a third country or a warehouse of a ship's outfitter or are destined for destruction. Where:

1.		If the consignments are to be exported to a third country, the provisions of Art. 11 (1) (lit) shall be laid down. (c) and (2) (a), (c), (d) and (e) of Directive 97 /78/EC.
2.		If the consignments are to be transferred to a warehouse of a ship's outfitter, this must be done in the external Community transit procedure or in another external transit procedure in accordance with Article 91 (2) of the Customs Code. The certificate of production must be accompanied by the exact details of the storage facility.
3.		The transport to a place where the consignments are to be destroyed shall not be carried out until after the denaturation (e.g. by colouring) of the goods and articles concerned. The transport of the consignments in question shall be carried out without transhipment under the authority of the authorities, in the form of sealed vehicles or containers which are sealed by the authorities.

(7) A transport of the consignment between free zones, free warehouses and customs warehouses is not permitted.

Animals, goods and articles not subject to border veterinary inspection

§ 36. (1) The animals, goods and objects which have been brought to the territory of Austria without veterinary checks shall be immediately transferred to the nearest appropriate border inspection post under the authority of the authorities responsible for carrying out the inspection. veterinary border control. The Federal Minister for Health, Family and Youth may waive the shipment to the border inspection post if the person entitled to dispose of the goods is requested to destroy the consignment under official supervision at his expense.

(2) Where it is established in the course of the control that the goods or objects do not meet the import conditions, one of the following measures shall be arranged after hearing the right of the right of disposal or of his representative:

1.		the return of a border inspection post to be submitted within a period of 60 days from the areas listed in Appendix 2, provided that this measure is not contrary to the results of the veterinary inspection, or
2.		the destruction of the consignment in a facility provided for that purpose in accordance with Regulation (EC) No 1774/2002, provided that the return is not possible or the period of 60 days referred to in Z 1 is exceeded or the party concerned His agreement has been declared.

(3) Until the return of the goods or objects covered by this provision or until the other conclusion of the procedure, the consignments in question shall be stored safely at the expense of the person concerned, under the supervision of the veterinary authorities.

(4) The authorized person shall bear the costs of the return, the unharmful disposal of the consignment or the costs of the intermediate storage until the return or disposal.

(5) If it is found in the control that the animals do not comply with the import conditions, the procedure shall be determined in accordance with § 34 (2) to (8).

Packing and space closures

§ 37. (1) In the context of the border veterinary control, the border veterinarian shall apply packing and/or space closures in the following cases:

1.		in the case of consignments for which this is provided for by the applicable Community legislation; and
2.		in the case of consignments for which the affixing of veterinary considerations is necessary in order to ensure transport to the place of destination.

(2) The packing and space closures applied in the framework of the border veterinary examination may only be opened and removed at the place of destination and only by persons authorized to do so.

(3) For the acceptance of packings and space closures within the meaning of paragraph 1, the following shall be authorized:

1.		Frontier veterinarians;
2.		the addressee or his representative designated in the certificate of clearance;
3.		Bodies of the customs administration and the district administrative authority responsible for the place of destination in the exercise of their service.
In the case of border veterinary checks, where necessary, the power to remove the packing and room closures may be restricted to certain persons. This is to be noted on the border veterinary certificate.

(4) Included packing and room closures shall be kept together with the accompanying documents of the consignment until the end of the following calendar year.

(5) Without prejudice to the provisions of paragraph 2, for the purposes of customs clearance or in case of emergency during transport, the packing and space closures made within the framework of border veterinary checks may be carried out by the institutions of the customs administration, and the local district administrative authority or by official security bodies. Such broadcasts must be officially closed again after the end of the official activity. This is to be noted by the official bodies on the border veterinary clearance certificate.

Section 5

Powers of control of the Authority

Wider powers of control of the Authority

§ 38. (1) The transport of consignments subject to inspection may also be carried out after the conclusion of the import inspection of official veterinarians, border veterinarians and official veterinarians within the meaning of the TSG, the LMSVG or the TGG, as well as animal welfare control bodies and Animal transport inspectors within the meaning of the Animal Transport Act 2007, BGBl. I No 54/2007, at any time, where there is a suspicion of breaches of veterinary, animal welfare or animal transport rules.

(2) Border veterinarians shall be entitled to check the vessel and flight manifests and their conformity with the veterinary clearance certificates and documents.

(3) Consignments which are not subject to control shall be subject to administrative checks on suspicion of breaches of veterinary legislation or, in the case of doubt, on the extent to which the consignment is suspected of being nimbly.

(4) shipments in accordance with § § 7 and 8 may be checked by the border veterinarian for compliance with the veterinary regulations.

Obligations of the right to dispose of

§ 39. The person entitled to dispose shall have the measures and controls after the 4. and 5. To tolerate the section of this item, provide the necessary assistance and, at the request of the Authority, submit all the relevant certificates and other documents in this regard.

Powers and duties of the customs authority

§ 40. (1) The customs office, whose local area of responsibility is the border inspection post, shall allow the customs clearance of the consignments to be determined in accordance with the veterinary clearance certificate.

Without prejudice to customs provisions, the customs authorities shall not authorise the importation of consignments unless it is established that the results of the veterinary checks in question are satisfactory, and the certificate of production , and where the payment of the border control and operating fees provided for in Annex 6 to this Regulation is ensured in accordance with the provisions laid down therein.

(3) For the purpose of producing certified copies, in accordance with Article 5 of Regulation (EC) No 136/2004, on a consignment which is still under customs control and is to be divided up, on which the information on the weight and quantity is to be changed accordingly , the customs authority shall be entitled.

3. Main piece

Final provisions

Unaffected provisions

§ 41. This Regulation shall not affect:

1.		prohibitions and restrictions on the basis of § § 2c and 5 TSG;
2.		inter-State animal disease convention.

Personal names

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

Entry into force and external action

§ 43. (1) This Regulation shall enter into force on 1 December 2008.

(2) With the expiry of 30 November 2008, the following shall expire:

1.		§ § § 5 to 43 of the Veterinary Import and Internal Market Ordinance 2001 (EBVO 2001), BGBl. II No 355/2001, as well as sections 2 to 4, in so far as they concern import and transit and border veterinary control;
2.		the presentation by the Federal Minister for Health and Consumer Protection, GZ 39.421/1-III/A/5/95, published in the Official Veterinary News No 4 of 19 May 1995;
3.		the presentation by the Federal Minister for Health and Consumer Protection, GZ 39.400/45-III/A/5/95, published in the Official Veterinary News No 4 of 19 May 1995;
4.		the presentation by the Federal Minister for Women's Affairs and Consumer Protection GZ 39.400/53-VI/A/5/99, published in the Official Veterinary News No 1a of 15 March 1999;
5.		the presentation by the Federal Minister for Women's Affairs and Consumer Protection GZ 39.400/102-VI/A/5/99, published in the Official Veterinary News No. 3 of 20 April 1999;
6.		the presentation by the Federal Minister for Social Security and Generations GZ 39.400/119-IX/A/5/01, published in the Official Veterinary News No. 9a of the 24th October 2001;
7.		the presentation by the Federal Minister for Social Security and Generations GZ 39.430/192-IX/A/5/a/2001, published in the Official Veterinary News No 11a of 17 December 2001;
8.		the presentation by the Federal Minister for Women's Affairs and Consumer Protection GZ 39.517/34-VI/10/99, published in the Official Veterinary News No. 11 of 14 December 1999.

Kdolsky