54. Federal Law, which enacted an animal transport law, and amended the Animal Protection Act and the Animal Health Act

The National Council has decided:

Article I

Federal Law on the Transport of Animals and Related Procedures (Animal Transport Act 2007-TTG 2007)

table of contents

1.Section-General provisions
§ 1	Objective and scope
§ 2	Definitions
§ 3	Execution
Section 2-Monitoring, control and contingency plans
§ 4	Control bodies
§ 5	Monitoring and duty to duty
§ 6	Control Plans
§ 7	Reporting obligations
§ 8	Contact Point
§ 9	Contingency plans
Section 3-Approvals and certificates of formal qualifications
§ 10	Authorisation of transporters
§ 11	Authorisation of transporters and means of transport for long journeys
§ 12Training and the issuing of certificates of competency for persons carrying out transport with	Bypass animals
§ 13	Approval of ships for animal transport
Section 4-Special provisions
§ 14	Special provisions for transports pursuant to § 1 para. 2 Z 3
§ 15	Minimum animal health requirements
§ 16	Additional provisions for transport by aircraft
§ 17	Additional provisions for transport by rail vehicles
§ 18	Maximum duration for intra-State transport
§ 19	Exceptions relating to the transit of transport over eight hours
§ 20	Temporary transport ban
Section 5-Penal, final and transitional provisions
Section 21	Criminal provisions
Section 22	Decrimination of fines
Section 23	Referrals and personal names
§ 24	In-force pedals and transitional provisions
Section 25	Full-education clause

Section 1

General provisions

Objective and scope

§ 1. (1) The aim of this Federal Act is to protect animals during transport by motor vehicles and trailers (in the following order: road transport equipment), aircraft, rail vehicles or ships in connection with an economic activity, and the To establish the minimum requirements to prevent the disappearance of animal diseases.

(2) governed by this federal law

1.		Provisions for the implementation of Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64 /432/EEC and 93 /119/EC and Regulation (EC) No 1255/97, OJ L 3, 4.1.2005. OJ L 3, 5.1.2005, p. 1;
2.		the transport of animals, in so far as it is referred to in Article 1 (2) lit. (a) and (b) are excluded from the individual provisions of Regulation (EC) No 1/2005;
3.		detailed rules for the transport of animals in accordance with Article 30 (8) of Regulation (EC) No 1/2005 and for the transport of cephalopods and ten-foot cancers, in so far as this is carried out in conjunction with an economic activity;
4.		additional animal health requirements to be complied with in the transport of animals.

Definitions

§ 2. The definitions of Regulation (EC) No 1/2005 shall be deemed to be definitions within the meaning of this Federal Law.

Execution

§ 3. (1) The enforcement of this Federal Act as well as of the provisions of Regulation (EC) No 1/2005 which are directly applicable shall, unless otherwise specified in the following, be the first instance of the district administration authority.

(2) The Federal Minister of Health, Family and Youth shall be responsible for the enforcement of this Federal Law at border inspection posts approved by veterinary authorities.

Section 2

Monitoring, control and contingency plans

Control bodies

§ 4. (1) The Authority shall be in a position to control compliance with the provisions of Regulation (EC) No 1/2005 and this Federal Law, as well as the regulations of specially trained bodies based on the provisions of Regulation (EC) No 1/2005. The following are considered to be specially trained:

1.		Veterinarians with physicists and physicists
2.		Persons who have completed a training provided for by the Regulation referred to in paragraph 2.
These control bodies shall be designated as animal transport inspectors.

(2) The Federal Minister for Health, Family and Youth has, with regard to Article 16 of Regulation (EC) No 1/2005, in agreement with the Federal Minister for Transport, Innovation and Technology, more detailed provisions on training and training by means of a regulation. Knowledge of animal transport inspectors to be issued.

(3) The animal transport inspectors, the official veterinarians, the official veterinarians, in particular, the official veterinarians within the meaning of the Food Safety and Consumer Protection Act, which are the Carry out ante-mortem inspection, the organs of the supervision of the road, in so far as they are not members of the public security service, and the customs bodies, in the exercise of the duties otherwise assigned to them, have, in the enforcement of this Federal Law and of the Regulations adopted on the basis of this Regulation, in particular by:

1.		Preventive measures against the threat of administrative transgressions,
2.		measures necessary for the initiation of administrative criminal proceedings,
3.		Orders and measures pursuant to Section 5 (3) of this Federal Act as well as Art. 9 para. 2 lit. (d) and Article 23 of Regulation (EC) No 1/2005,
4.		Controls on transport equipment and animals at places of dispatch, at exit points, at collection points, at control points, at rest and reloading places, and
5.		Checks on transport equipment and animals during transport on the road,
6.		Checks on means of transport and animals on arrival at the place of destination,
7.		Checks on the information on accompanying documents and other documents relating to the transport of documents.
They shall be subject in technical terms to the competent authority in accordance with § 3.

(4) The bodies of the public security service, insofar as they are road inspecting bodies, have, in the performance of the duties otherwise assigned to them, in the enforcement of § 21 para. 1 Z 1, 2, 6, 7, 8 first half-sentence, 10, 14 first half-sentence, 15 and 26, in so far as it is a transport on the road

1.		to participate in the scope of paragraph 3 (1), (2) and (7); and
2.		Arrangements and measures, such as the prevention of the continuation of carriage by acceptance of the keys of the vehicle, the blocking of the vehicle, the application of technical barriers or the arrangement of the onward journey accompanied by the organs of the public security service, in order to ensure the immediate intervention of the authority or of an animal transport inspector.
They shall be subject in technical terms to the competent authority in accordance with § 3.

(5) In addition, the institutions of the Public Security Service shall provide assistance to the competent authority in accordance with Section 3 (1) of this Federal Law on their request to ensure the exercise of the powers within the framework of their legal action .

Monitoring and duty to duty

§ 5. (1) The competent authority and the institutions referred to in Article 4 (1) and (3) shall be entitled to check at any time on the spot whether an animal transport is subject to the provisions of Regulation (EC) No 1/2005 and to the provisions of this Federal Act and to the basis of the decrees adopted by the Council.

(2) Persons who transport animals or cause or organise animal transport shall immediately comply with the orders of the control bodies. In particular,

1.		to tolerate controls in accordance with § § 4 and 6;
2.		to provide the best possible support to the control bodies in the exercise of these tasks,
3.		allow the control of the means of transport and inspection of the documents relevant to the inspection, and
4.		at the request of the control bodies, to provide the necessary information.

(3) Where the Authority finds that there is a risk of life, health or well-being of the animals being transported, since the provisions of Regulation (EC) No 1/2005 have not been complied with or have been complied with, it shall have, irrespective of the initiation of criminal proceedings, the person responsible for the transport to bear the necessary measures pursuant to Article 23 of Regulation (EC) No 1/2005 within a reasonable period of time; within the time limit laid down, the food the request is not or is not sufficient, or is in danger of being forgiven, the Authority shall immediately arrange the measures referred to in Article 23 of Regulation (EC) No 1/2005 and have it carried out immediately against the replacement of the costs by the transporter.

(4) If the costs referred to in paragraph 3 are not paid for without further payment by the pledge, the authority shall prescribe the cost of the costs with communication to the Authority.

(5) A communication on the deficiencies identified and the measures ordered shall be communicated to the Authority in accordance with Article 26 (2) of Regulation (EC) No 1/2005

1.		in the case of intra-Austrian transport by the authority which has issued the certificate of approval for the transporter or the means of transport or the certificate of competence,
2.		in all other cases, the contact point referred to in § 8
in writing. The authority referred to in Z 1 and the contact point shall keep such reports for at least five years.

Control Plans

§ 6. (1) The Federal Minister for Health, Family and Youth shall draw up a control plan for sample-like samples for the entire territory of the Federal Republic of Germany every year after consultation of the Animal Protection Council and with reference to any opinions of the animal welfare council. Controls on animal transport.

(2) The Landeshauptmann shall be responsible for the implementation of the control plan in accordance with paragraph 1.

Reporting obligations

§ 7. The provincial governor has the Federal Minister for Health, Family and Youth to the 31. to submit a report to each subsequent year containing, broken down by animal species, the number of all checks carried out during the preceding calendar year, the infringements found and the checks carried out by the competent authority , measures taken thereupon. The Federal Minister for Health, Family and Youth shall submit an overall report to the Commission of the European Communities and shall arrange for its publication. These reports are to be incorporated into the animal protection report according to § 42 para. 10 TSchG.

Contact Point

§ 8. The contact point pursuant to Article 24 (2) of Regulation (EC) No 1/2005 is the Federal Ministry of Health, Family and Youth. It shall be the competent authority to forward and receive communications on breaches of the provisions of Regulation (EC) No 1/2005 to other Member States.

Contingency plans

§ 9. Until 31 December 2007, the Landeshauptmann shall submit contingency plans to the Federal Minister for Health, Family and Youth, which shall demonstrate that measures for the protection of animals shall be carried out as soon as possible in the case of administrative cases. , in particular the provision of appropriate facilities for the supply and care of animals (emergency services). If changes occur, the Landeshauptmann must inform the Federal Minister for Health, Family and Youth.

Section 3

Authorisations and qualifications

Authorisation of transporters

§ 10. (1) Transport operators which require authorisation under Article 10 of Regulation (EC) No 1/2005 shall be granted an authorisation in accordance with Chapter I of Annex III to Regulation (EC) No 1/2005 if the conditions are met. For all holdings which are already covered by an identification number in the veterinary information system (VIS), this is to be used as a marketing authorisation number. For all other hauliers, the number of marketing authorisation numbers shall be entered as the approval number.

(2) An extension of the authorisation for a further five years is to be granted if the transport operator reports to the competent authority no later than three months and six months at the latest six months before the expiry of the authorisation, provided that the conditions governing the authorisation remain in force and that no circumstances have occurred which would preclude an extension.

(3) If, due to checks or notifications pursuant to § 5 (5), the admission requirements are no longer available and any defects or maladministration are not remedied within the reasonable time limit laid down by the Authority, the authorisation shall be withdrawn permanently until the statutory condition is established, or if it is not possible to do so. In the case of withdrawal, the transport operator shall immediately deliver the certificate of approval of the authority. If the proof of approval is not delivered, it must be forcibly drawn in.

(4) Authorisations in accordance with Article 10 of Regulation (EC) No 1/2005 must be recognised by the District Administrative Authority in such a way as to ensure that Article 13 (3) of Regulation (EC) No 1/2005 is complied with.

Authorisation of transporters and transport equipment for long promotions

§ 11. (1) Transport operators which require authorisation under Article 11 of Regulation (EC) No 1/2005 shall be granted an authorisation in accordance with Chapter II of Annex III to Regulation (EC) No 1/2005 if the conditions are met. With regard to the registration numbers, the second sentence and the third sentence of section 10 (1) of the second sentence are to be followed. With regard to an extension, § 10 Abs 2 shall apply in respect of the withdrawal § 10 (3).

(2) For authorisations of road transport equipment in accordance with Article 18 of Regulation (EC) No 1/2005, necessary experts, in particular an expert in accordance with § 125 of the Kraftfahrgesetz 1967, may be able to take part in BGBl. No 267 and a veterinary expert shall be consulted. With regard to the withdrawal of the authorisation, Section 10 (3) shall apply mutatily.

(3) Authorisations in accordance with paragraph 1 shall be recorded by the district administrative authority in such a way as to ensure that the provisions of Article 13 (3) of Regulation (EC) No 1/2005 are complied with. Authorisations pursuant to para. 1 and 2, as well as their extension or withdrawal, shall be reported by the Governor of the Federal State of Germany to the Federal Minister for Health, Family and Youth and on the homepage of the Federal Ministry of Health, Family and Youth free of charge.

Training and issuing certificates of competency for people who handle animals during transport

§ 12. (1) The conduct of courses referred to in Article 17 (1) of Regulation (EC) No 1/2005 shall be carried out by an economic chamber or by a country's agricultural or agricultural policy. A State Workers ' Chamber or a Chamber of Labour, or a training institute, one of these institutions or the Labour Market Service.

(2) The Federal Minister for Health, Family and Youth, after hearing the Animal Welding Council and referring to any comments made by the Animal Welding Council by Regulation, has the more detailed provisions relating to a course of training pursuant to Art. 17 and Annex IV to Regulation (EC) No 1/2005. In particular, provisions should be laid down regarding the duration and extent of the course, the implementation of the course and the examinations, the recognition of relevant courses and examinations, and practical experience in dealing with animals.

(3) The bodies which hold courses shall be entitled to issue certificates of formal qualifications in accordance with Article 17 (2) of Regulation (EC) No 1/2005, which correspond to the model laid down in Annex III, Chapter III, leg.cit.

(4) If, on the basis of checks or notifications pursuant to Section 5 (5), it is established that a driver or maintainer who is the holder of a certificate of competence shall be subject to the provisions of Regulation (EC) No 1/2005 or of national animal protection-relevant Where rules have been infringed in such a way as to ensure that the knowledge and information required for the transport of animals is lacking, the certificate of competence shall be withdrawn for a limited or continuous period of time. In the case of withdrawal, the authority ' s certificate of competence shall be delivered without delay. If the certificate of formal qualifications is not delivered, it must be forcibly drawn in. The authority shall immediately inform the withdrawal of the body which issued the certificate of formal qualifications.

(5) The Federal Minister for Health, Family and Youth has to lay down, by means of a regulation, the more detailed provisions on the issuing and holding of evidence of formal qualifications, as well as on any such period of time limit.

Approval of ships for animal transport

§ 13. The Federal Minister of Health, Family and Youth is responsible for authorisations of transport vessels pursuant to Article 19 of Regulation (EC) No 1/2005.

Section 4

Special provisions

Special provisions for transports pursuant to § 1 para. 2 Z 3

§ 14. The Federal Minister for Health, Family and Youth may be responsible for the transport of animals under Article 30 (8) of Regulation (EC) No 1/2005 as well as for the transport of cephalopods and ten-foot cruises, taking into account the recognised standing of the scientific findings by regulation more detailed provisions for the protection of these animals during transport, in particular with regard to the supply of animals during transport, transport speed, space requirements and equipment of the transport vehicles or containers, as well as the necessary knowledge and skills required by the Animals and certificates to be carried out with regard to Article 4 of Regulation (EC) No 1/2005.

Minimum animal health requirements

§ 15. (1) Without prejudice to any other animal health regulations, the following provisions shall be complied with:

1.		Only animals which are not suspected of being subject to a notifiable epizootic disease in accordance with the Animal Health Act or a Regulation adopted pursuant to the Animal Health Act may be transported.
2.		Animals which are transported together with the same means of transport must, unless they are directly transferred to a slaughterhouse, the same veterinary inspection and surveillance programmes as regards uniform national veterinary Health status.
3.		The means of transport and any transport containers shall be thoroughly cleaned and, where appropriate, disinfected after each transport of animals.

(2) The Federal Minister for Health, Family and Youth may, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Agriculture and Forestry, more detailed provisions relating to: Cleaning and disinfection of means of transport, the procedure in the event of the disease or the processing of animals during transport as well as the carrying of travel books, unless transports are carried out in accordance with Art. 1 (2) or Article 6 (7) of the Regulation (EC) No 1/2005, adopted by Regulation (EC) No 1/2005.

(3) hooves, ruminants, pigs or poultry transported by means of a rail vehicle, ship or aircraft shall, before being loaded at the expense of the transporter, be clinically appropriate to a veterinarian appointed by the governor of the country. under investigation. In this case, the transport capability is also to be tested. A certificate shall be issued on the basis of this investigation.

(4) Other animal health conditions shall not be affected by this Federal Act.

Additional provisions for transport by aircraft

§ 16. (1) Airfield keepers who offer their aerodrome as a place for dispatch, residence, transhipment or arrival of animals shall ensure that suitable premises for control and supply at airports are provided of the animals concerned. These rooms must be thoroughly cleaned and, if necessary, disinfected after each use.

(2) The animals shall be loaded without delay after their arrival at the destination airport and shall be handed over to the veterinary and customs official control procedures, which may be carried out in accordance with other legal provisions. In the event of unavoidable delays, the transporter shall ensure that the animals are accommodated and supplied in an appropriate manner.

(3) The animals must be made a priority by the customs authorities, so that they can be handed over to the recipient as soon as possible.

(4) After arrival at the residence permit, the animals are to be supplied in an animal-friendly way. Where the animals are unloaded, the transporter shall, after carrying out the veterinary inspection procedure, where appropriate, have to ensure that the animals are in an appropriate manner By way of example. If the animals are not unloaded, it is necessary to ensure that the climatic conditions in the cargo hold correspond to the needs and well-being of the animals.

(5) After the arrival at the transfer airport, the animals must be supplied and transported as soon as possible after carrying out the veterinary inspection procedures, where appropriate, in accordance with other legal provisions. If a rapid further transport is not possible, the transport operator who carries out the further transport shall ensure that the animals are accommodated and supplied in a suitable manner.

(6) Ill or injured animals shall be presented immediately to a veterinarian by the accompanying person. In the case of an unaccompanied transport,

1.		at the destination airport of the consignee, but where the consignee is unreachable, the transporter or,
2.		in all other cases, the transport operator who carries out the further transport,
for the immediate care of the animals by a veterinarian.

(7) If the animals are to be transported on arrival at the destination, recharge or reloading area for a period of more than six hours, the animals shall, if not already in accordance with other statutory provisions, be Veterinary inspection is necessary to arrange for a further confirmation of the ability to transport by a veterinarian from the persons referred to in paragraph 6.

(8) If, in the event of an unaccompanied transport, the animals are not picked up by the consignee at the airport of destination or are not picked up in good time, the haulier shall ensure that the animals are covered by the veterinary regulations in question in in a suitable manner and be provided.

Additional provisions for transport by rail vehicles

§ 17. The provisions of § 16 shall apply to transport by rail vehicles, where the term "airport" shall be replaced by the term "railway station" and the term "railway operator" shall be replaced by the term "aerodrome holder".

Maximum duration for intra-State transport

§ 18. (1) For the purposes of Article 1 (3) of Regulation (EC) No 1/2005, a period of transport of 4.5 hours shall be fixed for slaughter animals for intra-Austrian transport in which the place of dispatch and destination in Austria is situated. Where it is necessary for geographical, structural reasons or on the basis of upright contracts, the duration of the journey shall not exceed 8 or, in the case of transport, in respect of which steering breaks are to be complied with by virtue of the provisions of the law on the use of force. shall be extended to 8,5 hours. In the course of the breaks, the welfare of the animals must be taken into account in the best possible way.

(2) For the purposes of Article 1 (3) of Regulation (EC) No 1/2005, the maximum duration of transport for domestic animals and farmed animals and laying hens at the end of their period of use intended for slaughter shall be the maximum duration of the transport in which the animals are to be slaughtered. The place of dispatch and destination in Austria is determined by eight hours. On a case-by-case basis, an extension of the maximum duration of carriage referred to in paragraph 1 shall be allowed for a maximum of ten hours if it is essential in view of the geographical circumstances. Where the pauses to be complied with by means of road transport regulations are also to be complied with in order to supply the animals transported.

Exceptions concerning the carrying out of transport over eight hours

§ 19. In the case of inland transport or domestic transport to an adjacent Member State of the European Union, road transport equipment for which facilities are authorised in accordance with Article 18 (4) of Regulation (EC) No 1/2005 may be used , if it is ensured that the last destination can be reached in a maximum of 10 hours.

Temporary transport ban

§ 20. If it is found, on the basis of checks or notifications pursuant to § 5 (5), that a haulier not admitted to Austria has repeatedly or seriously infringed the provisions of Regulation (EC) No 1/2005 in Austria and where all the means of mutual exchange of information have already been exhausted pursuant to Regulation (EC) No 1/2005, the Federal Minister for Health, Family and Youth may, in accordance with Article 26 (6) of Regulation (EC) No 1/2005, be subject to a temporary Ban on transport by Austria for the transport operator concerned.

Section 5

Penal, final and transitional provisions

Criminal provisions

§ 21. (1) Who

1.		carry out, arrange or organise animal transport, despite the fact that injury or unnecessary suffering is caused to the animal, or
2.		carry out, arrange or organise animal transport, contrary to Art. 3 lit. (a) Regulation (EC) No 1/2005 does not take all the necessary measures and measures prior to transport in order to keep the journey time as short as possible to meet the needs, in particular the well-being of animals during transport to be taken into account, or
3.		Contrary to Art. 3 lit. b of Regulation (EC) No 1/2005 Transporting animals which are not transportable or
4.		contrary to Article 3 (c), (d) or (g) of Regulation (EC) No 1/2005 on the transport of animals means of transport, loading and unloading devices which do not comply with the requirements referred to in that Regulation, or
5.		Contrary to Art. 3 lit. (e) Regulation (EC) No 1/2005 on the transport of animals without appropriate knowledge of animals, or leaves the handling of animals to such persons; or
6.		Contrary to Art. 3 lit. (f) Regulation (EC) No 1/2005 does not carry out the transport of animals without delay or does not regularly monitor animals, or
7.		Contrary to Art. 3 lit. (h) Regulation (EC) No 1/2005 does not provide the animals with water and feed, or ensures that the animals can rest or
8.		, contrary to Article 4 of Regulation (EC) No 1/2005, does not carry out or does not provide, or does not provide, transport documents, or does not provide them in due time, to the Authority,
9.		as an organiser, contrary to Article 5 (3) lit. (b) Regulation (EC) No 1/2005 does not ensure that a person is responsible for providing the information referred to therein; or
10.		as an organiser or haulier, contrary to Article 5 (4) or as an animal keeper, contrary to Article 8 (2), second sentence, in connection with Annex II to Regulation (EC) No 1/2005, the respective obligations relating to the tagging of the journey does not comply or
11.		contrary to Article 6 (1) or (8) of Regulation (EC) No 1/2005, a copy or proof is not presented or is not presented in good time, or
12.		contrary to Article 6 (2) of Regulation (EC) No 1/2005, changes in respect of authorisations are not or are not reported to the Authority in good time, or
13.		contrary to Article 6 (3) of Regulation (EC) No 1/2005, animals are not transported in accordance with the technical requirements set out in Annex I to that Regulation, or
14.		contrary to Article 6 (5) of Regulation (EC) No 1/2005, the evidence of formal qualifications referred to in Article 17 of Regulation (EC) No 1/2005 does not result in the transport of animals, or does not present it in good time or does not exist in good time, or
15.		does not ensure, contrary to Article 6 (6) of Regulation (EC) No 1/2005, that any animal consignment is accompanied by a carer, or
16.		, contrary to Article 6 (9), second sentence of Regulation (EC) No 1/2005, a record is not kept, or is not made available in time, or is not made available in time, or is not available for at least three
17.		, contrary to Article 7 of Regulation (EC) No 1/2005, carry out long-term transport operations with transport equipment not authorised in accordance with Article 18 of that Regulation or equipped in accordance with Chapter VI of Annex I to Regulation (EC) No 1/2005, without the need for the exceptional circumstances referred to in Article 18 (4) of that Regulation, or
18.		as animal keeper, does not comply with Article 8 of Regulation (EC) No 1/2005, or
19.		the operators of collection points do not comply with the provisions of Article 9 of Regulation (EC) No 1/2005, or
20.		, in breach of the provisions of Annex I, Chapter III of Regulation (EC) No 1/2005, to animals, or
21.		in the case of transporters, do not comply with the rest periods or requirements for the duration of the journey referred to in Chapter V of Annex I to Regulation (EC) No 1/2005, or
22.		Contrary to § 5 (2), checks are not tolerated, the inspection bodies are not supported accordingly, the inspection is refused in the documents relevant to the control or the necessary information is refused, or
23.		transports animals or transports animals, without having to have a valid authorisation in accordance with Articles 10 and 11 of Regulation (EC) No 1/2005, or
24.		, contrary to Article 12 of Regulation (EC) No 1/2005, an application for authorisation as a transport operator is requested by a number of authorities or in several Member States; or
25.		in the case of transport pursuant to Article 1 (2) (3), contrary to the provisions of a regulation based on § 14, or
26.		carries out, arranges or organises animal transport and, in doing so, exceeds the national maximum duration of the national transport for intra-State transport as defined in § 18, whether or not to an inadmissible extent, or the maximum permitted in § 19. the duration of the journey, or
27.		as an aerodrome holder, transporter or accompanying person, in the case of an air transport of animals, the provisions of § 16 are contrary or
28.		as a railway operator, a haulier or an accompanying person in the case of a rail transport of an animal to which, in accordance with Article 17, the provisions of § 16 to be applied are contrary to the provisions of paragraph 16;
29.		animals transported in or through Austria as transport operators, although there is a prohibition of carriage in accordance with § 20,
provided that the act does not constitute the offence of a criminal offence within the jurisdiction of the courts, an administrative surrender and, in the cases of Z 8 to 12, 14, 16 and 24, is a fine of up to EUR 2 000, in the cases where: To punish Z 2, 4 to 6, 13, 15, 18, 19, 22, 23, 25, 27, 28 and 29 with a fine of up to 3 500 euros and in the cases of Z 1, 3, 7, 17, 20, 21 and 26 with a fine of up to 5 000 euros. In the event of recurrence, a fine of up to 50 percent of the above-mentioned criminal frame can be increased.

(2) Who

1.		transport animals suspected of being subject to a notifiable animal disease, or
2.		Animals which do not have the same health status as referred to in Article 15 (1) (2) (2) (2) shall be transported jointly or
3.		shall be contrary to provisions of a regulation adopted pursuant to section 15 (2), or
4.		against § 15 para. 3 animals without examination by a veterinarian for promotion,
shall be subject to an administrative surrender and shall be punished with a fine of up to EUR 4 360, in the case of negligence, with a fine of up to EUR 1 450.

(3) Criminal law pursuant to para. 1 and 2 shall be a trader even if he implements the administrative transgressions abroad referred to in that paragraph. In this case, the local authority is the authority in whose sprinkles the misstate of the transport is determined in the course of a control according to § § 4 or 6, otherwise the authority in whose sprinkles the border crossing into the federal territory took place.

(4) § 50 VStG is to be applied with the proviso that fines of up to 100 euros can be immediately lifted.

(5) As a provisional security within the meaning of Section 37a of the VStG, an amount of up to EUR 1 500 may be fixed in the event of a suspicion of transgressing pursuant to para. 1 and 2, but a maximum of 30 vH of the maximum penalty laid down by law for the respective transgressing. The caregiver accompanying the animal consignment in accordance with Article 6 (6) of Regulation (EC) No 1/2005 shall be considered the representative of the transporter, unless he himself or a responsible person appointed by him in accordance with Article 5 (2) of Regulation (EC) No 1/2005 Person shall be present at the official acts.

Decrimination of fines

§ 22. (1) The penalty payments received shall be allocated to the Land in whose territory the administrative penalty is imposed.

(2) The fines collected shall be used for the supervision of the transport of animals, for the training and training of the organs referred to in Article 4 (1), for the purpose of the enforcement of this Federal Law.

(3) In the event that the administrative surrender was carried out by public security service bodies, 20 vH of the fines collected shall be allocated to the local authority, which shall bear the personnel and material costs for these institutions. .

Referrals and personal names

§ 23. (1) Where reference is made in this Federal Act to provisions of other federal laws, these are to be applied, unless otherwise expressly stated, in their respectively applicable version.

(2) All personal names used in this Federal Act shall apply equally to persons of both female and male sex.

In-force pedals and transitional provisions

§ 24. (1) This federal law shall enter into force on 1 August 2007.

(2) With the entry into force of this Federal Act, the following federal laws are repeal:

1.		Animal transport law road, BGBl. No 411/1994, as last amended by the Federal Law BGBl. I No 139/2003,
2.		Animal Transport Law Air, BGBl. No 152/1996, as last amended by the Federal Law BGBl. I No 32/2002,
3.		Animal Transport Law Railway, BGBl. I No 43/1998, as last amended by the Federal Law BGBl. I No 151/2004.
4.		§ 11 Animal Health Law Implementing Regulation, RGBl. No. 178/1909, as last amended by Federal Law BGBl. I No 151/2004.

(3) With the entry into force of this federal law, the following regulations are repeal:

1.		Animal transport-certification ordinance, BGBl. No 129/1995, as last amended by BGBl. II No 355/2005,
2.		Animal transport-care regulation, BGBl. No 440/1995,
3.		Animal Transport Ordinance, BGBl. 679/1996.

(4) To The In-force Treat Time (Abs. 1) according to the previous regulations pursuant to § 24 (2) and (3), pending proceedings are to be brought to an end by the authorities competent to date in accordance with the provisions of this Federal Law.

(5) Existing authorisations pursuant to § 4a of the Animal Transport Law Road are to be rewritten by the Authority until 31 December 2007 at the request of the authorized person without further proceedings for authorisations pursuant to § 10 para. 1.

(6) Qualifications according to § 7 (3) of the Tiertransportgesetz-Straße lose their validity with the expiry of the 31 December 2007.

(7) Where reference is made in other federal laws and regulations to provisions of the Animal Transport Law Road, the Animal Transport Act-Air or the Animal Transport Law-Railways, these references will receive their contents from the Corresponding provisions of this Federal Act or Regulation (EC) No 1/2005.

(8) Where reference is made in regulations to provisions of the Tiertransportgesetz-Straße on the basis of the Tiertransportgesetz-Straße, these references will receive their contents from the relevant provisions of this Federal Law.

Full-education clause

§ 25. With the enforcement of this federal law, the Federal Minister for Health, Family and Youth is, and indeed

1.		as regards Section 4 (2) in agreement and with regard to paragraph 3 together with the Federal Minister for Transport, Innovation and Technology,
2.		as regards Section 4 (4) and (5), together with the Federal Minister for the Interior,
3.		as regards Article 15 (2) in relation to farm animals, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management
.

Article II

Federal law amending the Animal Protection Act

The Federal Act on the Protection of Animals (Animal Protection Act), BGBl. I No 118/2004, shall be amended as follows:

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

2. § 3 (3) Z 2 reads:

" 2. the Animal Transport Act 2007, BGBl. I No 54/2007, "

3. 3 (3) (3) and (4).

4. § 11 (1) reads:

" (1) Insofar as transport, including loading and unloading, is not covered by the provisions of Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64 /432/EEC and 93 /119/EC and Regulation (EC) No 1255/97, OJ L 197, 21.7.1997, p. No. L 3 p. 1, or otherwise under the Animal Transport Act 2007, BGBl. I No 54/2007, Article 3 and Annex I, Chapters I, II and III of Regulation (EC) No 1/2005 apply mutatily. During the transport of aquatic animals, care must be taken to ensure that the volume of water is adjusted to the number of animals transported, that the water is heated and the oxygen content is prevented from falling, and that feeding is not carried out. "

Section 11 (3) reads as follows:

" (3) The Federal Minister for Health, Family and Youth may, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, with reference to the objectives and the objectives of the Federal Minister for Agriculture, Forestry, Environment and Water Management. the other general provisions of this Federal Act and the state of the scientific knowledge recognized by Regulation more detailed provisions concerning the size, nature and equipment of transport containers, transport equipment, the loading and unloading of the auxiliary means and the Treatment of the animals during transport. "

6. § 41 (4) sentence 1 reads:

"The animal welfare ombudsman has party status in administrative proceedings, including administrative prosecution proceedings under this Federal Act."

Section 42 (2) reads as follows:

" (2) The Council shall be members of:

1.		A representative of the Federal Ministry of Health, Family and Youth,
2.		A representative of the Federal Ministry of Agriculture, Forestry, Environment and Water Management,
3.		an animal welfare ombudsman, who is known per country,
4.		one representative of the Austrian Chamber of Commerce, the Federal Chamber of Labour, the Conference of Presidents of the Chambers of Agriculture and the Austrian Veterinary Chamber,
5.		a scientific representative of the University of Veterinary Medicine, which is scientific in the field of animal welfare,
6.		a scientific expert at the University of Natural Resources and Natural Resources,
7.		a scientific expert in the field of animal welfare from the universities in which the subject of zoology is represented in science and teaching,
8.		a specialist in the field of animal protection of the Higher Federal Lehr and Research Institute of Raumberg-Gumpenstein,
9.		a representative of the Austrian Zoo Organization,
10.		A representative of the Association of Austrian Animal Welshmen,
11.		a representative of the animal welfare organisation representing Austria in the Eurogroup for Animals,
12.		the leading specialised bodies of the federal states entrusted with the implementation of the TSchG (State Veterinary Directors). "

8. § 42 (3) reads:

" (3) The representatives will be made reputable to the Federal Minister for Health, Family and Youth. For each member of the animal welfare council, a deputy shall be appointed to represent the member in the event of his/her prevention. A natural person may only be a member. The representatives pursuant to paragraph 2 (2) (4) to (11) and their alternates shall be appointed by the Federal Minister for Health, Family and Youth for a term of office of five years as members. The Federal Minister for Health, Family and Youth may only refuse the appointment of the reputable members and their representatives, or they may contain them if they are not present.

1.		the conditions set out in paragraph 2 are not fulfilled or are no longer available, or
2.		the Member or the issuing body so requests, or
3.		is not in a position to properly fulfil the obligations that his office entails. "

Section 42 (4) reads as follows:

" (4) The Federal Minister for Health, Family and Youth shall appoint the Chairman and his deputy in agreement with the Federal Minister for Justice and after consulting the Council. The Chairman and his deputy of the Advisory Board shall be appointed for a period of four years. Reorder is possible. An early dismise of the chairman and his deputy shall be done by the Federal Minister of Health, Family and Youth in agreement with the Federal Minister for Justice and after consulting the Council. "

10. In accordance with § 42 (4), the following paragraph 4a is inserted:

" (4a) The presence of more than half of the members and the unconditional majority of the votes cast shall be required for a decision of the Council. On a proposal from the Council, the Federal Minister for Health, Family and Youth shall adopt the Rules of Procedure by means of a Regulation. Further experts who do not belong to the Council can be consulted on deliberations, but only with the agreement of the Federal Minister for Health, Family and Youth. "

Section 42 (5) first sentence reads as follows:

"(5) The activities of the members of the Council shall be voluntary."

Article 42 (6) reads as follows:

" (6) The office of the Council, established in the Federal Ministry of Health, Family and Youth, serves as the support of the Chairman. Questions to the Animal Protection Council as well as questions concerning information about the activities and decisions of the animal welfare council should be addressed to the Federal Ministry of Health, Family and Youth. "

13. In § 42 (7) (6) (6), the point shall be replaced by a supplement and the following Z 7 shall be added:

" 7.		Submission of opinions on draft regulations on the basis of the Animal Transport Act 2007, as well as the drafting of guidelines for the practical implementation of Regulation (EC) No 1/2005. "

14. § 44 shall be added to the following para. 13 and 14:

" (13) § 3 (3), § 11 (1) and (3) and § 41 (4) sentence 1, in the version of BGBl. I No 54/2007, enter into force on the first day of the month following the event. Section 42 (2), (3), (4), (4a), (5), first sentence, (6) and (7) (7) and (48) (5) d compete with 1. Jänner 2008 in force.

(14) Members and their substitutes, who are members of the Animal Welding Council at the time of the entry into force of the Federal Law BGBl. I No 54/2007, shall be deemed to have been ordered in accordance with Section 42 (3). The term of office of these members ends-unless they are removed in accordance with Section 42 (3) of their Office-by the end of 31 December 2009. According to § 42 paragraph 4 of the TSchG, in the version BGBl. I n ° 118/2004, named chairman and his deputy remain in the BGBl version until the appointment of a chairman and deputy according to § 42 paragraph 4 of the TSchG [German TSchG]. I n ° 54/2007, in office. "

15. In § 48 Z 5, after lit. c The following lit d is inserted:

" (d)		as regards Section 42 (4) in agreement with the Federal Minister for Justice, "

Article III

Federal law amending the Animal Health Act (TSG)

The Animal Health Act, RGBl. No 177/1909, as last amended by BGBl. I n ° 136/2006, is amended as follows:

1. § 11 together with headline reads:

" Animal health provisions relating to transport by means of rail vehicles, ships, motor vehicles (trailers) and aircraft

§ 11. (1) Into the extent that the carriage of animals subject to this Federal Act does not fall within the scope of the Animal Transport Act 2007, the transport of ruminants, solipeds, swine and poultry shall be carried out by means of rail vehicles, Vessels, motor vehicles (trailers) and aircraft shall comply with the following minimum conditions:

1.		the means of transport used must be easy to clean and disinfect;
2.		the means of transport or transport must have impermeable soils and shall be such as to prevent the falling out of stray and excrement and the flow of urine and secretions;
3.		only animals which have no suspicion of a notifiable animal disease under this Federal Act or of a Regulation adopted pursuant to this Federal Act may not be transported without official authorisation or an order for veterinary use;
4.		Animals carried jointly by the same means of transport shall, unless they are directly transferred to a slaughterhouse, have the same status as regards national veterinary control and surveillance programmes. Health status.
The Federal Minister for Health, Family and Youth may, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Agriculture and Forestry, more detailed provisions relating to: Cleaning and disinfection of means of transport, as well as the procedure in the event of the disease or the dening of animals during transport.

Ruminants, solipeds and pigs shall be transferred to other Member States of the EU before being transferred to other Member States in accordance with the provisions of the Animal Health Act and the Regulations adopted thereon or before being exported to third countries by official veterinarians. To investigate the costs of the consignor. A certificate shall be issued on the basis of this investigation. This investigation also has to include the ability to transport and, if necessary, replaces a loading investigation pursuant to Section 15 (3) of the Animal Transport Act 2007.

(3) The Federal Minister for Health, Family and Youth may, to the extent that this is necessary in accordance with the rules of the EU, or in accordance with the current state of the scientific community, to maintain the abductions of animal diseases and zoonoses, or to (i) any epidemiological situation necessary to ensure adequate veterinary control is necessary for the transport of all animals subject to that law, as well as of goods and raw materials which may be carriers of contagion

1.		restrictions, including additional controls, with a particular risk of epidemation;
2.		the co-management and the form of accompanying documents as well as certificates referred to in paragraph 2;
3.		the organisation and control and scope of cleaning and disinfection measures;
4.		other measures necessary for veterinary use
by regulation.

(4) The consignor shall pay fees for the examination of the animals and the issuing of the certificates referred to in paragraph 2 in order to cover the costs incurred by the authority from the official act, the amount of which shall be determined by the competent national governor. If it is not immediately paid, the replacement of expenses shall be required by the district administrative authority to the consignor with a communication. "

2. § 11a and the title shall be deleted.

(3) The following paragraph 11 is added to § 77:

" (11) § 11 in the version of BGBl. I n ° 54/2007 shall enter into force on 1 August 2007. '

Fischer

Gusenbauer