Advanced Search

Agricultural Law Amendment Act 2005

Original Language Title: Agrarrechtsänderungsgesetz 2005

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

87. Federal Law, with which the Law on Water Law 1959, the Feed Act 1999, the Fertiliser Act 1994, the Health and Food Safety Act, the BFW Act, the Plant Protection Act 1995, the Plant Protection Basic Law, the Wine Act 1999, the Basic Law of the Constitution 1951, the Basic Law 1951 relating to the treatment of forest and grazing rights as well as special field service, the Forest Act 1975 and the Land and forestry National teacher service law amended (Act of amendment of the Law on Agriculture in 2005)

The National Council has decided:

table of contents

Article Subject

1

Amendment of the Water Rights Act 1959

2

Amendment of the Animal Feed Act 1999

3

Amendment of the 1994 Fertiliser Act

4

Amendment of the Health and Food Safety Act

5

Amendment of the BFW Act

6

Amendment of the Plant Protection Act 1995

7

Amendment of the Plant Protection Basic Law

8

Amendment of the Wine Act 1999

9

Amendment of the Basic Law of the Constitutional Court-Act 1951

10

Amendment of the Federal Act amending the 1951 Basic Law on the Treatment of Forest and Land Use Rights as well as Special Field Service

11

Forestry Act 1975

12

Amendment of the Land and forestry Landeslehrer-Dienstrechtsgesetz (Land and forestry)

Article 1

Federal law amending the law on water law in 1959 (WRG-Novelle 2005)

The Water Rights Act 1959, BGBl. No. 215, as last amended by the Federal Law BGBl. I No 112/2003, shall be amended as follows:

1. In § 4 para. 2 lit. a becomes the phrase "the ecological function" through the phrase "the ecological status" replaced.

2. In § 30c (2), after the word order "the criteria relevant to the prohibition of deterioration" the phrase " to be called. He has in particular " inserted.

3. In § 30c (2) (1), first sentence, after the word "to set" the point and the phrase "33b (5) shall apply mutatily" and becomes the phrase " and take into account the fact that:

a)

the environmental objectives for related surface waters are achieved, and in particular the environmental or chemical quality of such waters is not significantly reduced,

b)

the land ecosystems, which depend directly on the groundwater body, are not significantly damaged, and

c)

there are no signs of inflows of salt water or other intrusions; "

.

4. In § 30c (2) (2) and (3), the following shall be taken before the phrase "for the investigation" and in section 30c (2) (4) before the word order "for the provision" the word "Criteria" inserted.

5. In § 30c (2) (4), last sentence, the word order shall be "would lead to land ecosystems that depend directly on the groundwater body." replaced by the phrase "of land ecosystems that are directly dependent on the groundwater body, or that would lead to the influx of salt waters or to other intrusions."

6. In § 30c (2), the following paragraph 5 is added:

" 5.

to make arrangements for the procedures and methods to be observed in relation to Z 1 to Z 4 for monitoring, reference analysis methods and other aspects relevant to the validity of monitoring results. "

7. In § 31a para. 1 second sentence, the word order shall be "Ecological functioning" through the phrase "ecological status" replaced.

8. § 32 para. 2 lit. f is changed and is as follows:

" f)

the discharge of fertilisers, sewage sludge, compost or other waste intended for fertilisation, with the exception of garden areas, to the extent that the fertilizer is applied on farmland without a green cover 175 kg per hectare per year, Agricultural land with green cover, including permanent grassland, or with nitrogen-consuming fruit trees, exceeds 210 kg of nitrogen per hectare per year. In this connection, the amount of nitrogen in the field-falling effect is to be calculated according to a regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the action programme for the protection of waters against pollution caused by pollution caused by pollution. Nitrates from agricultural sources (§ 55l) are applied in an admissible manner by economic fertilizer. "

9. § 32 para. 2 lit. g deleted.

10. In § 32b (5), the following third sentence is added:

"The provisions of this federal law applicable to water use (water use systems) shall apply mutaly to the provisions of this federal law applicable to water use (water use systems)."

11. In § 33c (6) Z 1, the word order shall be "Integrated Pollution Prevention and Control, Official Journal of Pollution" through the phrase " Integrated pollution prevention and control, OJ C 327, 28.4.2002 No. L 257 of 10. October 1996 S 26, " replaced.

12. In Section 40 (2), the word order shall be "Drainage of tunnel systems" through the phrase "Drainage of surfaces in tunnel systems" replaced.

13. In § 55 para. 4, first sentence, after the word "Party Position" the parenthesis expression " (§ 102 para. 1 lit. h) " .

14. In § 55l (1), second sentence, the word "Water Management Cadastre" through the phrase "Water Information System Austria" replaced.

15. The following paragraphs 3 and 4 are added to § 55l:

" (3) Programmes referred to in paragraphs 1 and 2 for the progressive reduction and prevention of further pollution of waters (§ 30) by direct or indirect discharges of nitrogen compounds from agricultural sources shall have measures, procedures and behaviour in particular concerning periods of non-fertiliser fertilisers, the application of fertilizers containing nitrogen to agricultural land and the capacity of containers for the storage of economic fertilizers. These programmes shall ensure that, in the case of agricultural holdings, the commercial fertiliser applied to the soil, including the livestock manure, has a maximum quantity of 170 kg of nitrogen, after deduction of the Loss of stall and storage loss per hectare and year.

(4) In a programme with the objectives set out in paragraph 3, additional criteria (e.g. long periods of growth, plants with a high nitrogen requirement, high net precipitation), measures, procedures and practices may be established, the presence of which may be or Ensure that the gradual reduction and prevention of further pollution of waters (§ 30) is not at risk if agricultural holdings are not affected by the maximum amount of nitrogen laid down in paragraph 3, last sentence. differ. At the same time, such a programme must be subject to compliance obligations and the rules which are required to comply with the exceptional provisions, in particular reporting obligations. Stricter regulations according to § § 34f or 33f concerning waterlegally protected areas shall remain unaffected. The exceptions are subject to the approval of the European Commission in accordance with Art. 9 iVm. Annex III, Z 2 lit. (b) Directive 91 /676/EEC. '

16. In § 101a last sentence, after the word "Party Position" the parenthesis expression " (§ § 55 (4) and 102 (1) (1) lit. h) " inserted.

17. In § 102 paragraph 1 lit. g shall be taken after the word "Framework" the parenthesis expression "(§ 54)" and the phrase "or a regional programme (§ 55g (1) (1) (1))" inserted.

18. In § 102 paragraph 1 lit. h becomes the word sequence " in the perception of the in § 55 para. 1 lit. g of these tasks. " through the phrase " in the perception of the in § 55 para. 1 lit. a to g of the above tasks. " replaced.

19. In § 117 (6) the word "District Court" by the word "Landesgericht" replaced. The second sentence is replaced by the following: " On procedures concerning the obligation to perform compensation, revenues and contributions, the provisions of the Railway Enpropriation Compensation Act, BGBl, shall be found. No 71/1954 in the current version, muta-mutualapplication. In proceedings concerning the obligation to pay the costs (§ § 31 (3) and (4) and 138 (3) and (4)), the general provisions relating to the judicial procedure in legal matters are to be applied in addition to disputes. "

20. In Section 118 (1) and in Section 127 (3), the word order shall be " Eisenbahnenteignungsgesetz 1954, BGBl. Nr. 71, " by the word " Eisenbahn-Enteignungsentschädigungsgesetz, BGBl. No 71/1954, as amended, ' replaced.

21. In § 145, the following paragraphs 9 and 10 are added:

" (9) § 117 in the version BGBl. I No 87/2005 is 1. Jänner 2006 in force.

(10) § 117 in the version referred to in paragraph 9 shall apply to proceedings for which the court decision has been applied for after 31 December 2005 (Section 117 (4)). "

22. Annex B is deleted. Annexes C to H shall be given the names "B" to "G" .

Article 2

Amendment of the Animal Feed Act 1999

The Animal Feed Act 1999, BGBl. I n ° 139, as last amended by the Federal Law BGBl. I No 78/2003, shall be amended as follows:

1. In Section 3 (3), the word order shall be "to manufacture or to place on the market" through the phrase "to manufacture, to place on the market or to feed on farm animals" replaced.

2. § 7 together with the title is:

" Authorisation of certain products

§ 7. (1) The application for authorisation of certain products shall be submitted to the Authority. The applicant must have a residence or registered office in a Contracting State. The application shall comply with the requirements of Directive 83 /228/EEC (Article 23 (1) (11)).

(2) Examination of the application shall be carried out by the Authority. Where the application complies with the requirements laid down in paragraph 1, the applicant shall forward a copy of the application to the Commission and to all States Parties. The applicant shall supplement or amend the request in the case of written comments from the Commission or the Contracting States. The decision on the application shall be made in accordance with the procedure laid down in Article 58 of Regulation (EC) No 178/2002. "

3. § 8 together with headline reads:

" Authorisation of additives

§ 8. (1) The application for the authorisation of additives referred to in Regulation (EC) No 1829/2003 shall be submitted to the Authority. The Federal Office for Food Security is the competent national authority in accordance with Article 17 (2) of Regulation (EC) No 1829/2003.

(2) As far as the participation of national authorities is provided for in the authorisation of additives pursuant to Regulation (EC) No 1829/2003 or Regulation (EC) No 1831/2003, this shall be carried out by the Federal Office for Food Security. "

4. § 9 deleted.

5. The following paragraph 4 is added to § 12:

" (4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, by means of a Regulation, be able to use the registration of agricultural holdings producing feedingstuffs or feeding animals to farm animals by means of a regulation. existing data, in particular according to § 10 LMSVG 1 , where this is necessary for the implementation of European Community legislation. "

6. § 13 (1) (3) deleted.

Section 14 (1) reads as follows:

" (1) establishments producing, placing on the market or in any other way involved in a production, processing or distribution stage other than additives, premixes or feedingstuffs falling within the scope of Article 13 shall be subject to the provisions of Regulation (EC) No 183/2005. "

8. In § 14, the previous paragraph 3 is deleted and paragraph 4 receives the sales designation "3" .

9. § 16 (2) reads:

" (2) The Authority shall, in so far as (5) and (6) do not otherwise determine, the supervision of compliance with the provisions of this Federal Law and the Regulations based thereon, as well as the conduct of official controls, including the Investigation and evaluation of feedingstuffs, additives and premixtures. The Authority shall be the competent central authority responsible for carrying out the official controls in accordance with Regulation (EC) No 882/2004 (Article 23 (3) (5)). The Authority shall apply appropriate methods for the examination of the samples in accordance with the state of scientific and technical knowledge in accordance with the legislation of the European Community. In so far as the authority draws on external competent persons, institutes or institutions for examination or evaluation, it shall expressly point out in their opinions. A transfer of other tasks of the Authority to third parties shall be subject to the approval of the Federal Minister for Agriculture, Forestry, Environment and Water Management. By 1 March each year, the Authority shall forward to the Federal Minister for Agriculture, Forestry, the Environment and Water Management a report on the checks carried out, which shall comply with the requirements of Article 44 of Regulation (EC) No 1691/1999. 882/2004. "

10. § 16 (5) reads:

" (5) The monitoring of compliance with the provisions of this Federal Act is incumbable with regard to the feeding of feed to farmed animals and the production, processing and storage of feedingstuffs in agricultural holdings to the Governor, where supervisory bodies of the Authority may also be consulted. The institutions of the Governor of the State shall have the powers and duties of the supervisory bodies (§ 17). By 1 March each year, the Governor of the State for Agriculture, Forestry, Environment and Water Management shall submit a report to the Federal Minister for Agriculture, Forestry, the Environment and Water Management of the checks carried out, which shall comply with the requirements of Article 44 of the Regulation. (EC) No 882/2004. "

11. § 19 reads:

" § 19. (1) A fee shall be paid for official activities. However, a fee on the occasion of the inspection-except for the import-is only applicable if infringements of the provisions of this Federal Law are found. In the administrative criminal proceedings, the accused must be required to pay the charges in addition to a administrative penalty in the criminal case; these fees must be paid directly to the Federal Office for Food Security.

(2) § 6 (6) of the GESG shall apply to the fees of the Authority. Other fees are to be fixed in agreement with the Federal Minister for Finance by Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management. "

(12) The following paragraph 5 is added to § 20:

" (5) Personal data within the meaning of the Data Protection Act 2000, which relates to the enforcement of this Act, the Animal Meal Law, the Food Safety and Consumer Protection Act, the LFBIS Act, the Market Order Act 1985 and the Law on the Protection of Human Rights in the Federal State of Germany. The Animal Health Act or the handling of business transactions of the private business administration on the basis of these federal laws shall be transmitted to the federal and state authorities in their personal form, provided that such data are used for the purpose of Recipients an essential condition for exercising it shall constitute delegated tasks, in particular those referred to in Article 3 of Regulation (EC) No 882/2004 or in Article 9f of Regulation (EC) No 183/2005. "

13. § 23 (1) Z 2 reads:

" 2.

Directive 2002/32/EC on undesirable substances in animal nutrition, as amended by Directive 2005 /8/EC (OJ L 108, 27.4.2005, p. No. OJ L 140, 30.5.2002, p. 10. No. OJ L 27, 29.1.2005 (S 44);

14. § 23 (1) Z 4 reads as follows:

" 4.

Directive 82/471/EEC on certain products intended for animal nutrition, as amended by Directive 2004 /116/EC (OJ L 327, 30.11.2004, p. No. 8 idF OJ L 213, 21.7.1982, p. No. OJ L 379, 24.12.2004 (S 81); "

(15) The following paragraph 3 is added to § 23:

" (3) The following directly applicable legislation, insofar as it relates to the scope of application of this Federal Law, shall be carried out within the framework of this Federal Law:

1.

Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority, and laying down procedures in matters of food safety, OJ L 327, 31.12.2002, p. No. OJ L 31, 1.2.2002, p. 1;

2.

Regulation (EC) No 1829/2003 on genetically modified food and feed, OJ L 327, 31.12.2003, p. No. OJ L 268, 18.10.2003, p. 1;

3.

Regulation (EC) No 1830/2003 on the traceability and labelling of genetically modified organisms and on the traceability of food and feed products produced from genetically modified organisms, and amending the Directive 2001 /18/EC. No. OJ L 268, 18.10.2003 S 24;

4.

Regulation (EC) No 1831/2003 on additives for use in animal nutrition, OJ L 327, 30.11.2003, p. No. OJ L 268, 18.10.2003 S 29;

5.

Regulation (EC) No 882/2004 on official controls to verify compliance with food and feed law, animal health and animal welfare rules, OJ L 327, 30.11.2004, p. No. OJ L 165, 30.4.2004, p.

6.

Regulation (EC) No 183/2005 laying down rules on feed hygiene, OJ L 327, 30.11.2005, p. No. OJ L 35, 8.2.2005, p. 1;

7.

Council Regulation (EC) No 396/2005 on maximum residue levels of pesticides in or on food and feed of plant or animal origin and amending Directive 91 /414/EEC, OJ L 327, 31.12.1991, p. No. OJ L 70, 16.3.2005, p.

16. § 25 Z 2 is deleted; Z 3 and 4 are given the number of digits "2" and "3" .

Article 3

Amendment of the 1994 Fertiliser Act

The Fertilizer Act 1994, BGBl. No 513/1994, as last amended by the Federal Law BGBl. I No 110/2002, will be amended as follows:

§ 18 reads:

" § 18. A fee is payable for official activities of the Authority (§ 11) in the context of the enforcement of this Federal Law. However, a fee on the occasion of the control shall only be applicable if infringements of the provisions of this Federal Law are established. § 6 (6) of the GESG applies to the fees of the Authority. In the administrative criminal proceedings, the accused must be required to pay the charges in addition to the administrative penalty in the case of the accused; these fees must be paid directly to the Federal Office for Food Security. "

Article 4

Amendment of the Health and Food Safety Act

The Health and Nutrition Security Act, BGBl. I No 63/2002, as last amended by the Federal Law Gazette (BGBl). I n ° 83/2004, shall be amended as follows:

In Section 6 (6) the previous sentence is replaced by the following sentences:

" Fees for activities carried out on the occasion of inspection, except for those prescribed by Community law, shall only apply if infringements of the provisions of the federal laws referred to in paragraph 1 of this Article are not applicable. noted. In the administrative criminal proceedings, the accused must be required to pay the charges in addition to the administrative penalty in the case of the accused; these fees must be paid directly to the Federal Office for Food Security. "

Article 5

Amendment of the Federal Law, which establishes a Federal Research and Training Centre for Forest, Natural Hazas and Landscape as an institution of public law and establishes the Federal Office of Forests

The federal law, which establishes a federal research and training centre for forest, natural hazards and landscape as an institution of public law, and which is set up by the Federal Office of Forests-BFWG, BGBl. I n ° 83/2004, shall be amended as follows:

1. The Federal Act receives the short title "BFW Law" .

2. In Section 3 (6), the previous sentence is replaced by the following sentences:

" Fees for activities carried out on the occasion of inspection, except for those prescribed by Community law, shall only apply if infringements of the provisions of the federal laws referred to in paragraph 1 of this Article are not applicable. noted. In the administrative criminal proceedings, the charges are to be imposed on the accused, in addition to a administrative penalty, in the case of the accused; these are to be paid directly to the Federal Office of Forest. "

3. § 21 (4) reads:

" (4) For officials referred to in paragraph 1, the II shall apply. Part of the Labour Constitution Act, BGBl. No. 22/1974, and the Workers ' Protection Act, BGBl. No. 450/1994. '

Article 6

Amendment of the Plant Protection Act 1995

The Plant Protection Act 1995, BGBl. N ° 532, as last amended by the Federal Law BGBl. I n ° 83/2004, shall be amended as follows:

(1) The following paragraph 3 is added to § 10:

" (3) natural or legal persons who, in addition to Switzerland, shall have wood originating in third countries in the form of a material, staple wood, pallets or packaging material as defined in Annex IV, Part A, Section I, which shall, in fact, be carried out in the transport of Objects of all kinds are used and sent to Austria, are obliged to report to the Federal Office of Forests. The notification shall be made once immediately after the first reception of the mentioned wood. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to lay down details of the content of the notification by Regulation. The Federal Office of Forests has to regularly check the relevant recipients, with the frequency of control being in relation to the phytosanitary risk associated with the demise. "

2. § 17 (4) reads:

" (4) The replacement of a plant passport by another plant passport (exchange pass) shall be carried out in accordance with the following provisions:

1.

a plant passport may be used only in the case of a division of consignments, in the case of a summary of several consignments or their parts, in the event of a change in the plant health status of the consignments, without prejudice to the specific requirements of Annex IV or in other specific cases to be determined by regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management;

2.

a plant passport may only be replaced if an establishment-whether a producer or not-is registered in an official register in accordance with Section 14;

3.

the exchange passport must be issued by the local official official body in accordance with Article 3 (1) (2) or, where appropriate, Z 3, provided that the product in question is protected and that it is guaranteed that the date of the transfer by the Member State Producers should not be at risk of infestation with harmful organisms in Annexes I and II;

4.

the exchange pass has a special mark to be determined by regulation of the Federal Minister of Agriculture, Forestry, Environment and Water Management, as well as the registration number of the original producer or, in the case of a change of the plant health status-to show the registration number of the person responsible for this change;

5.

Further details concerning the exchange procedure may be laid down by the Federal Minister for Agriculture, Forestry, the Environment and Water Management. "

3. In § 36 Z 7, after the word order "contrary to § 10 (1)" the phrase "or § 10 (3)" inserted.

4. The following paragraph 4 is added to § 46:

" (4) § § 10 (3) and 36 (Z) 7 in the version of the Federal Law BGBl. I No 87/2005 is 1. October 2005, in force. Regulations pursuant to Section 10 (3) may already be made before the first. However, the entry into force is 1 October 2005, but the entry into force is 1. October 2005. Persons who have the obligation to notify 1 in section 10 (3). The report shall be submitted by 1 November 2005 at the latest by 1 October 2005. The authorization of companies for their own exhibition of exchange passports, to which the relevant authority according to the prior to the amendment by the Federal Law BGBl. I No 87/2005 has been granted by law, and ends with 30 September 2005. Regulations, which are due to the Plant Protection Act, BGBl. No. 124/1948, as last amended by the Federal Law BGBl. I n ° 140/1999, have been repealed. '

Article 7

Amendment of the Plant Protection Basic Law

The Federal Act on Principles for the Protection of Plants against Diseases and Pests (Plant Protection Basic Law), BGBl. I n ° 140/1999, shall be amended as follows:

1. In Section 1 (2), the word order shall be " last amended by the Federal Act BGBl. No. 419/1996 " through the phrase " last amended by the Federal Act BGBl. I No 87/2005 " replaced.

2. § 2 reads:

" § 2. For the purposes of this Act:

1.

Plants: live plants and specified live parts of plants including seeds. As living parts of plants also apply:

a)

fruits-in the botanical sense-, provided that it is not preserved by deep-freezing;

b)

vegetables, provided that they are not preserved by deep-freezing;

c)

Tubers, corm, onions, rhizome;

d)

cut flowers;

e)

Branches with foliage or Needles;

f)

Precipitated trees with foliage or Needles;

g)

sheets, foliage;

h)

plant-based tissue cultures;

i)

Pollinated pollen;

j)

Precious wood, cuttings, grafts;

k)

other parts of plants which have been laid down in accordance with Community legislation.

Seeds in the botanical sense other than those which are not intended for planting are considered to be seeds.

2.

plant products: products of plant origin, unprocessed or processed by simple processes, in so far as they are not plants;

3.

Harmful organisms: all species, strains or biotypes of plants, animals or pathogens which may damage plants or plant products;

4.

plant protection products: active substances and preparations intended for this purpose;

a)

to protect plants and plant products from harmful organisms or to prevent them from being exposed to harmful organisms;

b)

in a different way, as a nutrient to affect the life processes of plants (eg growth regulators),

c)

to destroy unwanted plants or parts of plants, or to inhibit the growth of plants or to prevent such growth;

5.

Integrated pest management: the targeted use of a combination of biological, biotechnological, chemical, physical, technical or plant-breeding measures, with the use of chemical plant protection products is limited to the minimum necessary to keep the infestation with harmful organisms so low that there is no economically unreasonable damage or loss;

6.

Use of plant protection products: the use, application and delivery of plant protection products, as well as the use, storage, storage, and intra-farm use of plant protection products for the purposes of the application. The use of certain indications and conditions of use shall include compliance with the indications and conditions of use specified in the labelling, as well as compliance with good plant protection practice and, whenever possible, the principles of the integrated Plant protection. "

3. § 3 Z 1 reads:

" 1.

the obligation on the part of the owners and other persons entitled to dispose of land, construction and transport equipment, on or in which plants, plant products or other objects which are considered as carriers of harmful organisms are concerned; , such land, construction or means of transport, as well as plants and plant products, shall be kept free of harmful organisms and any atypical occurrence or suspicion of such occurrence of harmful organisms, which shall be to reproduce in a driverthreatening manner, to the competent authority, report and implement the measures taken by them or the implementation of measures and the entry into force of their land, premises or means of transport by the Authority, including for the purpose of monitoring, as well as the to provide the necessary information for the implementation of these measures; "

4. In accordance with § 3, the following § 3a together with the heading is inserted:

" Use of plant protection products

§ 3a. (1) The national legislation must provide that:

1.

without prejudice to Z 2, plant protection products authorised only in accordance with the Plant Protection Products Act 1997 may be used,

2.

Plant protection products which are identical to a reference product after Z 1 may be used, and the identity of a reference product according to Z 1 is to be made credible by the user,

3.

plant protection products may only be used if a user instruction is available in the German language,

4.

plant protection products may only be used in a specific and appropriate way,

5.

plant protection products may be used at the latest until the end of the sales period, unless otherwise provided for by the Plant Protection Products Act 1997 or by Community legislation; and

6.

Reports on control measures pursuant to Article 17 of Directive 91 /414/EEC (OJ L 42, 15.2.1991, p No. L 230 of 19 August 1991 S 1, as last amended by Directive 2005 /25/EC, OJ L 327, 31.12.2005, p. No. OJ L 090 of 8 April 2005 (S 1), subject to the need to comply with integrated control requirements in accordance with Community rules.

(2) By way of derogation from paragraph 1, the national legislation may also provide that in the case of the

1.

1 (1) (1) only plant protection products may be used if their placing on the market is permitted under the Plant Protection Products Act 1997,

2.

Paragraph 1 (1) (2) for individual cases (such as conciliation) or more generally stricter rules such as reversal of the burden of proof or reporting obligations to the country,

3.

1 Z 3, in addition to the instructions for use in German, also has to be marked in German language,

4.

1 Z 5 plant protection products may be used up to a maximum of one year after the end of the sales period, unless otherwise provided for by the Plant Protection Products Act 1997 or Community legislation, or

5.

2 (2) (1) the use of plant protection products approved in accordance with Section 12 (10) of the Plant Protection Products Act 1997, but not notified in accordance with Section 3 (4) of the Plant Protection Products Act 1997, is to be reported to the country. "

5. § 4 (2) reads:

(2) As far as costs are paid out of public funds, the national legislation in the event of recourse to a Community financial contribution pursuant to Article 23 of Directive 2000 /29/EC (OJ L 327, 22.10.2000, p. No. 1, as last amended by Directive 2004 /102/EC, OJ L 327, 30.12.2004, p. No. 9) provides for the possibility of a cession of claims to the European Community under Article 23 (7) of Directive 2000 /29/EC. "

6. In Section 5 (1), the phrase " last amended by the Federal Act BGBl. I No 73/1997 " through the phrase " last amended by the Federal Act BGBl. I No 83/2004 " replaced.

7. The following paragraph 3 is added to § 5:

" (3) The exchange of data collected in the enforcement of the Land laws of this Federal Law shall be permitted only if this is not the case.

1.

for the implementation of Community legal obligations, or

2.

For reasons of overriding public interest in the conservation of plant health

is required. "

8. In Section 8 (2), after the word order "after the proclamation of this federal law" the phrase "or subsequent amendments to this Federal Law" inserted.

9. In Section 8 (3), the phrase "Federal Minister for Agriculture and Forestry" through the phrase "Federal Minister for Agriculture, Forestry, the Environment and Water Management" replaced.

Article 8

Amendment of the Wine Act 1999

The Wine Act 1999, BGBl. I n ° 141, as last amended by the Federal Law BGBl. I n ° 83/2004, shall be amended as follows:

1. § 7 (3).

2. § 12 (9) reads:

" (9) For the control of reading (par. 5) shall be subject to an administrative levy, which shall be five euros. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in agreement with the Federal Minister for Finance, set an administrative levy, which shall be per litre or kilogram of the reading material to be checked, by regulation. , but must not be less than the minimum amount of five euro. Whereas, in the case of fixing, consideration should be given to the effort required for the activities of the institutions of the supervision of wine; The Bundeskellereiinspektion (Bundeskellereiinspektion) has to prescribe the administrative levy to the right to dispose of the wine at the time of the notification of the wine. The administration levy is a revenue of the federal government. "

3. In § 21 para. 3 Z 1 lit. h becomes after the word sequence "the political district of Tulln" the phrase "excluding the municipality of Sitzenberg-Reidling" inserted.

4. In § 21 para. 3 Z 1 lit. i will be after the phrase "the city of St. Pölten as well as the political district of St. Pölten" the phrase "and the municipality of Sitzenberg-Reidling" inserted.

5. § 52 (5) fourth sentence reads:

" In the retail trade and in the catering sector, the organs of the food inspection system can also act in accordance with the provisions of § § 37 to 40 of the Food Act 1975, with integrated control requirements under Community law. shall be considered. "

6. In § 66 (2) Z 12, after the phrase "or a regulation according to § 39 (2) or (3)" the phrase "and in accordance with section 39a (1) or (3)" inserted.

Article 9

Federal Law amending the Basic Law for the Constitution in 1951

The Basic Law for the Basic Law 1951, BGBl. No. 103, as last amended by the Federal Law BGBl. I n ° 39/2000, is amended as follows:

(1) The following paragraph 4 is added to § 1:

" (4) This federal law provides for a Directive 85 /337/EEC on the assessment of the effects of certain public and private projects on the environment, OJ L 175, 5.7.1985, p. No. 40, as last amended by Directive 2003 /35/EC on public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending Council Directives 85 /337/EEC and 96 /61/EC, in Reference to public participation and access to justice, OJ C 327, 28.4.2002, p. No. OJ L 156 of 25.06.2003 p. 17. '

Section 34a (4) reads as follows:

" (4) From the planned release of the plan of the joint measures and installations, the participating authorities shall, in accordance with paragraph 5, the environmental authority and the local municipality, shall be accompanied by a dossier which shall assess the effects referred to in paragraph 1 (1) (1). to 4, to inform. The environmental authority may, within six weeks of notification, request a determination as to whether an EIA is to be carried out for the project. The environmental attorney has party status with the rights according to § 34b (9). The agricultural authority shall make a decision on this request within three months. The essential content of this Decision, together with the main reasons for the decision, shall be made available by the agricultural authority in a suitable form or be subject to public inspection, except where an EIA has been carried out in respect of the project. shall be carried out. "

3. § 34b (8) reads:

" (8) Party position have the parties provided for in Article 37 (1) (1) (1) and the Land Execution Act (§ 13 (2)), the environmental lawyer with the rights as referred to in paragraph 9, the local community and environmental organisations according to Article 19 (6) of the Environmental Impact Assessment Act 2000 (UVP-G 2000), BGBl. No 697/1993, as amended by the Federal Law BGBl. I n ° 153/2004, with the rights referred to in paragraph 10. In order to decide whether an environmental organisation complies with the criteria set out in Article 19 (6) UVP-G 2000 and in which federal states the environmental organisation is authorised to exercise party rights, and for the determination that a recognised The provisions of Section 19 (7) to (9) of the UVP-G 2000, BGBl, apply to environmental organisations as a criterion in accordance with § 19 (6) UVP-G 2000. No 697/1993, as amended by the Federal Law BGBl. I No 153/2004. '

4. The following paragraphs 9 and 10 are added to § 34b:

" (9) The environmental lawyer shall be entitled to invoke the observance of legal provisions which serve the protection of the environment or of the public interests which he perceiving as a subjective right in the proceedings, to take legal action and Appeal to the Verwaltungsgerichtshof (Administrative Court). In those federal states where no environmental attorney is established, the rights of the environmental lawyer of the local community are to be found.

(10) An environmental organisation pursuant to paragraph 8 is entitled to assert compliance with environmental protection regulations in the proceedings, insofar as it has filed objections in writing during the application period pursuant to Section 34b (4). It is also entitled to file a complaint to the Administrative Court. "

5. The previous text of § 54a receives the sales designation "(1)" . The following paragraph 2 is added:

" (2) The implementing laws of the Länder to those in § 34b (8) to (10) in the version of the Federal Law BGBl. I No 87/2005 shall be adopted within six months of the date of entry into force of this Federal Law. They shall apply to proceedings which have not yet been completed at the time of the entry into force of the implementing provisions. "

Article 10

Federal law amending the 1951 Basic Law on the Treatment of Forest and Land Use Rights as well as Special Field Service

The Basic Law of 1951 on the treatment of forest and grazing rights as well as special field service, BGBl. No. 103, as last amended by the Federal Law BGBl. I n ° 39/2000, is amended as follows:

(1) The following paragraph 4 is added to § 1:

" (4) This federal law provides for a Directive 85 /337/EEC on the assessment of the effects of certain public and private projects on the environment, OJ L 175, 5.7.1985, p. No. 40, as last amended by Directive 2003 /35/EC on public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending Council Directives 85 /337/EEC and 96 /61/EC, in Reference to public participation and access to justice, OJ C 327, 28.4.2002, p. No. OJ L 156 of 25.06.2003 p. 17. '

Section 34a (4) reads as follows:

" (4) From the planned release of a certificate for the separation of forest and pasture, the participating authorities shall be referred to in paragraph 5, the environmental authority and the local municipality, with the following documents, which shall assess the effects referred to in paragraph 1 (1) (1). to 4, to inform. The environmental authority may, within six weeks of notification, request a determination as to whether an EIA is to be carried out for the project. The environmental attorney has party status with the rights according to § 34b (9). The agricultural authority shall make a decision on this request within three months. The essential content of this Decision, together with the main reasons for the decision, shall be made available by the agricultural authority in a suitable form or be subject to public inspection, except where an EIA has been carried out in respect of the project. shall be carried out. "

3. § 34b (8) reads:

" (8) Party position have the parties provided for in Article 35 (1) and the Land Execution Act (§ 35 para. 2), the environmental lawyer with the rights pursuant to paragraph 9, the locational community and environmental organisations according to § 19 (6) of the Environmental Impact Assessment Act 2000 (UVP-G 2000), BGBl. No 697/1993, as amended by the Federal Law BGBl. I n ° 153/2004, with the rights referred to in paragraph 10. In order to decide whether an environmental organisation complies with the criteria set out in Article 19 (6) UVP-G 2000 and in which federal states the environmental organisation is authorised to exercise party rights, and for the determination that a recognised The provisions of Section 19 (7) to (9) of the UVP-G 2000, BGBl, apply to environmental organisations as a criterion in accordance with § 19 (6) UVP-G 2000. No 697/1993, as amended by the Federal Law BGBl. I No 153/2004. '

4. The following new paragraphs 9 and 10 shall be inserted in section 34b:

" (9) The environmental lawyer shall be entitled to invoke the observance of legal provisions which serve the protection of the environment or of the public interests which he perceiving as a subjective right in the proceedings, to take legal action and Appeal to the Verwaltungsgerichtshof (Administrative Court). In those federal states where no environmental attorney is established, the rights of the environmental lawyer of the local community are to be found.

(10) An environmental organisation pursuant to paragraph 8 is entitled to assert compliance with environmental protection regulations in the proceedings, insofar as it has filed objections in writing during the application period pursuant to Section 34b (4). It is also entitled to file a complaint to the Administrative Court. "

5. In § 34b, the previous paragraph 9 is given the name "(11)" and shall be the expression " 1 to 8 " by the expression " 1 to 10 " replaced.

6. The previous text of § 39 receives the sales designation "(1)" . The following paragraph 2 is added:

" (2) The implementing laws of the Länder to those in § 34b (8) to (10) in the version of the Federal Law BGBl. I No 87/2005 shall be adopted within six months of the date of entry into force of this Federal Law. They shall apply to proceedings which have not yet been completed at the time of the entry into force of the implementing provisions. "

Article 11

Amendment of the Forest Act 1975

The Forestry Act 1975, BGBl. No 440, as last amended by the Federal Law BGBl. I n ° 83/2004, shall be amended as follows:

1. § 19 (1) Z 6 reads:

" 6.

in the case of rotations for railway purposes, the holders of concessions in accordance with Section 17 of the Railways Act 1957, BGBl. No. 60, or in accordance with § 25 of the Cable Car Act 2003, BGBl. I n ° 103. "

2. § 61 (2) reads:

" (2) Skilled workers in the sense of paragraph 1 are

1.

for the planning graduates of the training according to § 105 (1) (1) (1) and

2.

for the construction supervision, the graduates and graduates of the training referred to in Z 1 according to § 105 (1) (2) (2). "

3. In § 97 lit. b removes the word sequence "without prejudice to the provisions of § 94" .

4. § 105 (1) (1) and (2) read:

" 1.

The forestry assistant the successful completion

a)

the diploma studies of the study branch "Forestry" or "Wildbach and avalanche protection" in the field of study "forestry and timber industry" and those referred to in the regulation referred to in paragraph 1a with regard to the study branch "Forestry" Courses at the University of Natural Resources and Natural Resources in Vienna, or

b)

of the Bakkalaureatsstudium "Forestry" and of a training at the University of Natural Resources and Natural Resources of the University of Vienna or of the University of Natural Resources and Forestry, designated

c)

a Higher Teacher Training Institute (Försterschule) according to § 11 paragraph 1 Z 7 of the Federal Law on Agriculture and forestry, Federal Law Gazette (BGBl). No 175/1966, and a training programme at the University of Natural Resources and Cultural Affairs of Vienna, referred to in the Regulation referred to in paragraph 1a,

2.

the forest adjunkt the successful graduation

a)

a Higher Teacher Training Institute (Försterschule) according to § 11 paragraph 1 Z 7 of the Federal Law on Agriculture and forestry, Federal Law Gazette (BGBl). No 175/1966, or

b)

of the Bakkalaureatsstudium "Forestry" at the University of Natural Resources and Natural Resources Vienna, "

5. According to Article 105 (1), the following paragraph 1a is inserted:

"(1a) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, by means of a regulation, those Magister studies and, if necessary, those to supplement these master studies or the diploma course of the study branch" Forestry " to the necessary courses which, according to their contents in connection with the further training courses referred to in paragraph 1 (1) (1), enable them to work as a forestry assistant. "

6. In Section 185 (3), the word order shall be "§ § 18 (3) third sentence and 168 (3)" through the phrase "§ 18 (3) third sentence" replaced.

Article 12

Federal law amending the Land and Forest Law Teachers Service Law

The Land and Forest Forestry Teachers ' Service Law, BGBl. No 296/1985, as last amended by the Federal Law BGBl. I No 80/2005, shall be amended as follows:

Section 66 (3) reads as follows:

" (3) 1. The nursing exemption is to be used in full teaching hours.

2.

The nursing exemption may not exceed 20 weekly hours per school year.

3.

This number shall be reduced accordingly if the duration of the teacher's weekly service is reduced or reduced. The number shall be increased accordingly if the extent of the teaching obligation is exceeded by the reasons stated in Section 61 (1) of the salary law in 1956.

4.

In the case of maintenance periods, periods of administrative activity to be included in the teaching obligation are to be taken into account each hour as half a week's hour to the maximum period according to the terms of Z 2 and 3.

5.

If the extent of the period of service scheduled during the school year changes during the school year, the period of the exemption from the maintenance period already consumed in that school year shall be converted to the extent of the change in the extent of the period of service of the teacher. schedule of weekly service. The fractions of hours are to be rounded up to full hours. "

2. In § 66 (4), the words "Six, in the case of the five-day week of five more school days in the school year" , by the words "of a further 20 hours per week" .

(3) In Article I (2) of the Annex, the word sequence shall be: "have been fulfilled" through the phrase "will be fulfilled" replaced.

4. Article II Z 2.2. of the Annex is:

Usage

Requirement

2.2. Teachers for religion in agricultural and forestry vocational schools

a)

The teaching qualification for use, obtained on the basis of an education at a religious teacher training academy, or

b)

by the acquisition of a degree in diploma or degree in accordance with § 87 (1) of the University Act 2002 or § 66 para. 1 UniStG of the theological field of study.

(5) The following paragraph 38 is added to § 127:

" (38) § 66 (3) and (4), Art. 2 and II Z 2.2. of the Annex in the version of the Federal Law BGBl. I No 87/2005 will enter into force on 1 September 2005. '

Fischer

Bowl