195. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the details and conditions of the implementation of the official measures after the 3. and 4. Section of the Plant Protection Act 1995 (Plant Protection Measures-Regulation)

Due to § § 19 (3), 30 (1) and (42) of the Plant Protection Act 1995, BGBl. N ° 532, as last amended by the Federal Law BGBl. I No 87/2005, shall be ordered:

Section 1

General provisions

Field of application and procedures

§ 1. (1) The investigations shall be carried out in accordance with the following: Section of the Plant Protection Act 1995 to the conclusion that the presence of harmful organisms is detected on plants, plant products or nutrient substrates on the occasion of the introduction in the common market, and proves that the risk of harmful organisms, the control body shall, with particular regard to the requirements for the movement referred to in Annex IV, Part A, Section II, or, where appropriate, Annex IV, Part B, of the Plant Protection Act 1995; and taking into account the biology of the harmful organism and its Risk of propagation of one or more of the measures referred to in § § 3 to 5 of this Regulation after consultation of the responsible person of the holding.

(2) The control body shall draw up a copy of the measures arranged, with a copy of the minutes of the person responsible for the operation to be carried out.

(3) The cost of the measures ordered shall be borne by the holding.

§ 2. (1) The investigations shall be carried out in accordance with the following: Section of the Plant Protection Act 1995 to the conclusion that consignments or parts of shipments or parts of articles originating from third countries on shipment to the customs territory of the European Community are subject to the conditions laid down in Article 23 (1) (2) (2) , or in accordance with paragraph 2 of the Plant Protection Act 1995, the control body shall, with particular regard to the requirements for the movement referred to in Annex IV, Part A, Section I or, where appropriate, Annex IV, Part B, of the Plant Protection Act 1995 and taking into account the biology of the harmful organism and its Risk of propagation of one or more of the measures referred to in § § 6 to 11 of this Regulation after consultation of the applicant in accordance with Article 27 (1) of the Plant Protection Act 1995.

(2) The control body shall draw up a copy of the measures arranged, with a copy of the minutes to be followed by the declarant.

(3) The costs of the measures ordered shall be borne by the applicant.

Section 2

Official measures after the 3. Section of the Plant Protection Act 1995

Treatment

§ 3. (1) If the presence of harmful organisms is detected in plants, plant products or objects on the occasion of the investigation pursuant to § § 13 (1), (20) and (21) of the Plant Protection Act (Plant Protection Act) in 1995, these organisms may be subject to official supervision shall be treated with appropriate plant protection measures, in particular with appropriate authorised plant protection products, in order to prevent the spread of harmful organisms. After an effective treatment, a corresponding plant passport may be issued if, as a consequence of the treatment, the conditions of § § 11 or 12 of the Plant Protection Act 1995 can be considered to be fulfilled.

(2) Such treatments may be carried out under the following conditions:

1.		Treatment should be carried out as often as possible until it can be assumed that the harmful organism in question no longer lives, the operation being at the risk of success of the treatment or of the treatment. of the life support of the plants during the treatment;
2.		The plants, plant products or objects in question shall be subject to a new study in accordance with Article 13 of the Plant Protection Act 1995;
3.		If the presence of the harmful organism concerned is re-established on the occasion of the examination to be carried out, where appropriate laboratory procedures corresponding to the state of science and technology, the presence of the harmful organism in question shall be determined. Plants, plant products or objects shall not be able to issue a plant passport, since in this case a spread of the harmful organism in question cannot be ruled out.

Transfer to areas without phytosanitary risk or to areas where there is no additional risk of spreading

§ 4. (1) The host plants of Erwinia amylovora (Burr.) Winsl. et al., which have been placed in a protected area in accordance with Annex IV, Part B, Z 21 of the Plant Protection Act 1995, in contrasting to the applicable legal provisions, may be subject to the following conditions: be transported to areas without recognition as a protected area for this harmful organism, provided that they do not present a phytosanitary risk during transport or at the place of destination:

1.		The official plant protection service of the country of destination or of the Member State concerned, provided that the place of destination is situated in another Member State or in another Member State, before the transport of the relevant -to agree on the modalities of the transport, with details such as the content of the consignment, the reason for the transfer or the consignee of the transport being disclosed in a suitable manner;
2.		The transport units shall be sealed from an official body in accordance with Article 3 of the Plant Protection Act 1995 before transport;
3.		The transport units shall then be immediately put into the intended area in closed, undamaged envelopes.

(2) The arrangement of the official measures referred to in paragraph 1 is in the assessment of the illegality of the introduction referred to in paragraph 1 in a protected area in any administrative criminal proceedings due to surrender of § 36 (1) Z 14 of the Plant protection law in 1995 not to be taken into account

Shipment to sites of industrial processing

§ 5. Without prejudice to § 3 (3) of the Plant Protection Regulation, plant products in which the presence of a harmful organism or more than one or more than one of the following claims must be made in accordance with § 13 (1) or § § 20 and 21 of the Plant Protection Act 1995 Harmful organisms as defined in Annex I or Annex II of the Plant Protection Act 1995, or of harmful organisms not listed in Annex I or Annex II of the Plant Protection Act 1995, shall be established under the following conditions: industrial processing:

1.		The official plant protection service of the Member State of destination or the Member State concerned, provided that the site of industrial processing is situated in another Member State or in another Member State, shall be -transport of the consignment in question to the agreement on transport, with details such as the content of the consignment, the reason for the transport or the consignee of the transport being disclosed in a suitable manner are;
2.		The transport units shall be sealed from an official body in accordance with Article 3 of the Plant Protection Act 1995 before transport;
3.		The transport units shall be transported without delay to the designated location in closed, undamaged envelopes;
4.		Residues from the processing, such as, for example, press residues or other solid parts of the plant products concerned, are intended to prevent the spread of harmful organisms under the supervision of an official body in accordance with § 3 (1) Z 2 of the Plant protection law in 1995 either to be destroyed or to be treated thermally (damping), whereby the residues from the processing may be fed or composted exclusively after a thermal treatment.

Section 3

Official measures after the 4. Section of the Plant Protection Act 1995

Rejection

§ 6. (1) Consignments or parts of consignments or articles from third countries which are not hereless and which, on the occasion of the shipment to the customs territory of the European Community, do not satisfy the conditions laid down in Article 23 (1) (2) and (2) of the Plant Protection Act (1995) , shall not be allowed for import into the customs territory of the European Community if:

1.		contain these harmful organisms in accordance with Part A of Annex I of the Plant Protection Act 1995,
2.		they are intended for protected areas and contain harmful organisms as defined in Part B of Annex I of the Plant Protection Act 1995,
3.		contain these plants and plant products which are covered by one of the harmful organisms referred to in Part A of Annex II to the Plant Protection Act 1995,
4.		they are intended for protected areas and contain plants and plant products covered by one of the harmful organisms referred to in Part B of Annex II to the Plant Protection Act of 1995,
5.		contain these plants and plant products which are subject to an import ban in accordance with Part A of Annex III of the Plant Protection Act 1995,
6.		they are intended for protected areas and contain plants and plant products which are subject to an import ban in accordance with Part B of Annex III of the Plant Protection Act 1995,
7.		contain these plants and plant products listed in Annex IV, Part A of the Plant Protection Act 1995, which do not comply with the special requirements referred to in this part of the Annex with reference to them,
8.		which are intended for protected areas and which contain plants and plant products listed in Annex IV, Part B, of the Plant Protection Act 1995 and which do not include the special products referred to in this part of the Annex with regard to them requirements,
9.		these plants, plant products and other objects listed in Annex V, Part B of the Plant Protection Act 1995, to be transferred to the territory of the Federal Republic of Germany in breach of Section 23 of the Plant Protection Act 1995,
10.		the applicant does not comply with his obligations under Article 4 (18) of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, contrary to Article 27 of the Plant Protection Act, 1995,
11.		the consignment contains plants, plant products and other objects in accordance with Annex V, Part B of the Plant Protection Act 1995, and the importer is not registered in the official list in accordance with Section 14 (4) of the Plant Protection Act 1995;
12.		the provisional safeguard measures laid down in Article 40 (1) to (4), (6) and (8) of the Plant Protection Act 1995 are not complied with,
13.		contain these plants, plant products or other objects which are believed to involve an imminent danger of the spread of harmful organisms listed in Annex I or Annex II of the Plant Protection Act 1995; or
14.		there is a risk of the spread of harmful organisms in the Community for reasons other than those mentioned in the Z 1 to 13; this is particularly true of the occurrence of harmful organisms not previously settled in the Community.

(2) By way of derogation from paragraph 1, however, the implementation of one or more of the measures referred to therein may be arranged under the conditions set out in § § 7 to 11, provided that these measures correspond to the state of the scientific and technical knowledge are technically justified and applicable.

Transfer to a place outside the Community

§ 7. Without prejudice to the measures referred to in § 6, consignments, in particular forwarded broadcasts, in accordance with Section 29 of the Plant Protection Act 1995, shall be permitted, provided that there is no risk of spreading harmful organisms in accordance with Annex I and Annex II of the Plant Protection Act 1995 , shall be brought to a place outside the Community under the following conditions:

1.		The official plant protection service of the third country in question shall, in a suitable manner, take account of the details, such as the content of the consignment, of the reason for the transfer from the Community, before the consignment in question has been transported away; or to reach agreement with the beneficiary;
2.		After the entry into force of the agreement with the official plant protection service of the third country concerned, such consignments shall be carried out immediately under customs supervision, i.e. in closed, undamaged envelopes or in a sealed car. transport.

Removal of the infected or infested product from the consignment

§ 8. Without prejudice to the measures referred to in § 6, individual lots in which, on the occasion of the health check in accordance with § 23 (2) (1) of the Plant Protection Act 1995, the presence of harmful organisms of the Annexes I or II of the Plant Protection Act It was established in 1995, under the following conditions, from consignments:

1.		All the remaining parts of the consignment in question shall be responsible for ensuring the absence of harmful organisms of a health study to be carried out using appropriate laboratory procedures corresponding to the state of the art and technology, to: ,
2.		Parts which have a positive laboratory result as a result of the health inspection according to Z 1 shall be submitted to destruction in accordance with § 9;
3.		In accordance with § 33 of the Plant Protection Act 1995, parts which have a negative laboratory result as a result of the health check in accordance with Z 1 may be released for customs clearance.

Destruction

§ 9. (1) Without prejudice to the measures referred to in § 6, consignments or consignments shall be consignments where the shipment to a place outside the Community is either untunable or inappropriate, or the spread of a harmful organism or several Harmful organisms must be feared to be destroyed by means of destruction.

(2) Partis or consignments may be destroyed under the following conditions:

1.		The harmless disposal shall be carried out in suitable places (e.g. in plants for the disposal of biogenic materials) approved for this purpose;
2.		The transport to the approved, suitable places shall be carried out under customs control, that is, in closed, undamaged envelopes or in plombed carriages.

Imposition of a quarantine

§ 10. (1) Without prejudice to the measures referred to in § 6, a quarantine may be imposed on plants intended for planting, subject to the following conditions:

1.		The plants from the consignment in question or from the consignment in question are, until the results of the official examinations are available in accordance with Article 28 (4) of the Plant Protection Act 1995, in a quarantine station of an official body in accordance with § 3 para. 1 or Z 2 of the Plant Protection Act 1995;
2.		The notifier shall bear the risk of life of the plants during the period of quarantine, provided that the carrier of the quarantine station is not at least gross negligence.

(2) If plants which have been quarantined in accordance with paragraph 1 are not picked up by the notifier after the expiry of the quarantine period and a period of grace to be determined according to the biology of the plants, the plants shall be at the expense of the Applicants for destruction shall be submitted in accordance with § 9.

Treatment

§ 11. (1) Without prejudice to the measures referred to in § 6, plants in which the presence of a harmful organism or several harmful organisms in accordance with Annex I or Annex II of the Plant Protection Act 1995 may be carried out in the course of the investigation pursuant to Article 23 (1) (2) of the Plant Protection Act, may be Plant Protection Act 1995, or of harmful organisms not listed in Annex I or Annex II of the Plant Protection Act 1995, are treated under official supervision with an appropriate authorised plant protection product , where it is ensured that the spread of harmful organisms is avoided.

(2) Treatments as referred to in paragraph 1 may be carried out under the following conditions:

1.		Treatment should be carried out as often as possible until it can be assumed that the harmful organism in question is no longer alive, with the applicant taking the risk of success of the treatment or treatment. of the life support of the plants during the treatment;
2.		Prior to release for customs clearance, the plants shall be subjected to a new investigation in accordance with Article 23 of the Plant Protection Act 1995;
3.		If, on the occasion of this study, which is to be carried out with a laboratory procedure corresponding to the state of science and technology, the presence of the harmful organisms in question is re-established, then the plants shall be: Destruction according to § 9.

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