471. Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, which changes the Plant Protection Regulation

Pursuant to § § 5 (3), 6, 13 (2), 14 (1) (1) Z 2, 16, 25 (9), 38 (1), 40 (6) and 42 of the Plant Protection Act 1995, BGBl. N ° 532, as last amended by the Federal Law BGBl. I n ° 83/2004, as regards Section 16 and Annex 5 to this Regulation, in agreement with the Federal Minister for Finance, shall:

The Plant Protection Regulation, BGBl. No 253/1996, as last amended by the BGBl Regulation. II No 179/2004, shall be amended as follows:

1. § 2 para. 2 Z 3 reads:

" 3.		for planting certain plants of Viburnum spp., Camellia spp. and Rhododendron spp., other than Rhododendron simsii Planch., each except seed. "

2. § 3 together with the title is:

" Specific Programmes

§ 3. (1) The official investigation (Section 23 (1) (2) and (2) of the Plant Protection Act 1995) may be carried out in the case of shipments of plants, plant products and other objects to a Federal Office of the Forest in the case of forest plants, or plant products shall be carried out in accordance with the Annex to the Forest Act 1975, in the case of other plants, plant products or other objects other than forestry, approved by the Federal Office for Food Safety with a decision approved by the Federal Office for Food Safety, if the importer is specific in accordance with Section 14 (1) (4) of the Plant Protection Act 1995 Guarantees and the consignment is accompanied by a transport document in accordance with Annex 8. In the case of forestry plants or plant products in accordance with the Annex to the Forest Act 1975, the Federal Office of Forests shall have in the Official Journal of the Federal Office of Forest, in the case of other than forestry plants, plant products or other The Federal Office of Food Security in the Official News of the Federal Office for Food Security shall determine the following details:

1.		the procedure for the authorisation of destinations;
2.		the specific guarantees to be met by a consignment which is to be officially examined at an approved destination; and
3.		the minimum requirements to be met by the place of destination.

(2) Admissions in accordance with the entry positions-Regulation 2004, BGBl. II. 186, have the Annex to Directive 98 /22/EC laying down minimum requirements for the implementation of plant health checks on plants, plant products or other objects imported from third countries into the Community inspection bodies other than those of the place of destination (OJ L 327, No. OJ L 126 of 28.4.1998 (S 26). Consignments of plants, plant products and other objects referred to in Annex V, Part B, of the Plant Protection Act 1995, from third countries, shall have a phytosanitary certificate, which shall be the model set out in Annex I to Directive 2004 /105/EC , is to be attached. By way of derogation, until 31 December 2009, the use of a plant health certificate corresponding to the specimen in accordance with Annex II to Directive 2004 /105/EC shall also be permitted.

(3) Knolls of Solanum tuberosum L. originating in Egypt shall be marked with the inscription "Use only for edible purposes or industrial purposes"; further attention shall be drawn to the Egyptian origin of the tubers in the labelling. The leftists from the packaging or processing of these tubers are to be treated by the Federal Office for Food Security in the "Official News of the Federal Office for Food Security". The respective competent authority shall be entitled, with a view to possible latent infection with Ralstonia solanacearum, to properly treat the residues from the packaging or processing of such tubers in accordance with the requirements of the Federal Office for Food security provisions should be monitored. Natural or legal persons who pack or process tubers from Solanum tuberosum L., originating in Egypt, shall be obliged to report to the competent official body. The natural or legal persons mentioned shall submit the notification in good time before the start of the packaging or processing, so that the competent official body may carry out appropriate checks. The notification shall contain at least the following points:

1.		the full word of the company;
2.		the address of the plant in which the tubers of Solanum tuberosum L. originating in Egypt are to be packaged or processed;
3.		the exact time period of the packaging or processing of the tubers of Solanum tuberosum L. originating in Egypt.

(4) The following plants intended for planting, in each case other than seeds, originating in third countries other than the USA may only be transported in the Community with a plant passport in accordance with Article 6 (4):

1.		Viburnum spp.;
2.		Camellia spp.;
3.		Rhododendron spp., other than Rhododendron simsii Planch.

(5) The following plants, in each case other than fruits and seeds, originating in the USA, may only be brought in the Community with a plant passport in accordance with Section 6 (5):

1.		Acer macrophyllum Pursch.;
2.		Aesculus californica Nutt.;
3.		Aesculus hippocastanum L.;
4.		Arbutus menziesii Pursch.;
5.		Arbutus unedo L.;
6.		Arctostaphylos spp. Adans;
7.		Camellia spp.;
8.		Castanea sativa Mill.;
9.		Fagus sylvatica L.;
10.		Hamamelis virginiana L.;
11.		Heteromeles arbutifolia (Lindley) M. Roemer;
12.		Kalmia latifolia L.;
13.		Leucothoe fontanesiana (Steudel) Sleumer;
14.		Lithocarpus densiflorus (H & A);
15.		Lonicera hispidula (Dougl.);
16.		Pieris spp.;
17.		Pseudotsuga menziesii (Mirbel) Franco;
18.		Quercus spp. L.;
19.		Rhamnus californica (Esch);
20.		Rhododendron spp. L., other than Rhododendron simsii Planch.;
21.		Sequoia sempervirens (D. (don) Final;
22.		Syringa vulgaris L.;
23.		Taxus spp.;
24.		Trientalis latifolia (Hook);
25.		Umbellaria californica (Pursch.);
26.		Vaccinium vitis-idaea Britt.;
27.		Vaccinium ovatum (Hook & Arn) Nutt.;
28.		Viburnum spp. L.

(6) Natural or legal persons who acquire, pack, process or place on the market the tubers of Solanum tuberosum L. originating in Poland shall be obliged to report to the local competent official body.

(7) The notification referred to in paragraph 1 shall be notified to the local official body at the latest one working day prior to the arrival of the tubers of Solanum tuberosum L.

(8) The locally competent official body may, as a provisional protective measure, carry out official tests on tubers from Solanum tuberosum L. originating in Poland, also by way of derogation from § 20 of the Plant Protection Act 1995. "

3. According to § 4, the following § § 4a and 4b are inserted:

" Requirements for control bodies

§ 4a. (1) The control bodies shall have the professional competence for the detection of harmful organisms and, where appropriate, the necessary expertise for the identification of harmful organisms.

(2) As control bodies which have to obtain the enforcement of the Plant Protection Act 1995 for other than forestry plants and plant products in accordance with the Annex to the Forestry Act 1975 (hereinafter referred to as "the agricultural area"), only persons with the following training will be appointed:

1.		Graduates of universities or universities of applied sciences in the fields of agriculture, horticulture, fruit and viticulture or biology;
2.		Graduates of higher vocational schools in the fields of agriculture, horticulture, fruit and viticulture;
3.		graduates of relevant specialist schools, agricultural masters and gardeners with proven experience of at least three years of experience in the field of plant production, including plant protection or plant health testing;
4.		Graduates of other fields of study, other higher schools (e.g. AHS) or any other person, each with a minimum of five years of experience in the field of plant production, including plant protection or Plant health testing.

(3) As control bodies which have to obtain the enforcement of the Plant Protection Act 1995 for forestry plants and plant products in accordance with the Annex to the Forestry Act 1975 (hereinafter referred to as the "forest area"), only persons with a to be ordered in the following following training:

1.		University graduates in the forestry sector;
2.		Graduates of vocational higher education institutions (specialising in forestry);
3.		Graduates of forestry schools (forestry department, forest management master);
4.		Graduates of other fields of study, other higher schools (e.g. AHS) or other persons, each with proven experience of at least five years of experience in the field of plant production, including plant protection or the Plant health testing.

(4) An appropriate basic training for control bodies to be carried out prior to the recording of the control activity has to provide information on relevant legal regulations and, furthermore,

1.		information on harmful organisms (symptoms, detection characteristics, host plants, biology, distribution),
2.		the organisational and practical conduct of the control activities;
3.		the review of operations carried out and
4.		the documentation of the official control
to be included and has for the agricultural sector at the Austrian Agency for Health and Food Safety GmbH, for the forestry sector in the Federal Research and Training Centre for Forest, Natural Hazas and Landscape ,

(5) Professional training or Retraining of the control bodies should be carried out annually, taking into account the current phytosanitary situation and areas of focus, and can be used for the agricultural sector at the Austrian Agency for health and nutrition security GmbH, in the forestry sector in the Federal Research and Training Centre for Forests, Natural Hazas and Landscape.

Official investigations

§ 4b. (1) The official investigation shall take place in the holding, preferably at the production site, and shall be produced or used in respect of the relevant plants, plant products and other objects which are cultivated, produced or used in the The present invention also relates to a method for carrying out the method of the present invention.

(2) Details of the conduct of the official investigation relating to the frequency, timing and methodology of the official investigation, including sampling of the agricultural sector, shall be provided by the Federal Office for Food security in the directive "Official plant health inspection in the farm-Agricultural part" (short term "Compendium-LW"), which is to be found in the "Official news of the Federal Office for Food Security", .

(3) Details of the conduct of the official investigation concerning the frequency, timing and methodology of the official investigation, including the sampling of the forestry sector, are provided by the Federal Office of the Forest in the Directive "Official plant health inspection in the farm-Forestry sector" (abbreviation "Directive Forst"), which is to be published in the Official Journal of the Federal Office of Forest.

(4) The control body has to collect all data from the application form for the registration of the plant according to § 14 (4) of the Plant Protection Act 1995 in order to obtain an overview of the operation.

(5) In the course of the official investigation on the spot, compliance with the requirements of the registration certificate, in particular with regard to the type of operation, such as the importer, producer, collection warehouse, the To check the application of the authorisation range, such as the plant passport, the protected area plant passport, the replacement plant passport, as well as any conditions and conditions. Any modification shall be reported to the competent authority of the country concerned, unless it has already been reported by the holding itself.

(6) The control body shall have the presentation

1.		a state-of-the-art plan of the permanent establishment, in particular the individual quarters,
2.		of the plans of the preceding and/or next season (i.e. in individual cases at least 2 seasons prior to the official examination),
3.		of books containing complete information on the production, storage, dispatch or details of purchases (third countries, internal market) of the plants, plant products or other objects to be controlled,
4.		Results of samples sent in official laboratories in accordance with international standards,
5.		lists of company-owned bonitations,
6.		the plant passports, protected area plant passports or replacement plant passports of the past year,
7.		the plant passports of the past year obtained from acquisitions, and
8.		a proof that any additional requirements have been met in the communication,
.

(7) The control body shall check the storage and production rooms, glass houses, fields and other production facilities on the basis of the operating plan in accordance with the requirements of the Compendium-LW or the Directive Forst. The main focus will be on those neighbourhoods where plant-pawn-like goods are produced. At the same time, it should be noted whether the plant's holdings are their own production or purchases from Member States or from third countries.

(8) At the end of the official investigation, a protocol containing all the data on the control and its results shall be drawn up, including any official measures which may be arranged. Where appropriate, additional information such as, for example, in the case of visual symptoms of the state of infestation or the growth stage of the plant, should be included in the examination protocol. Where appropriate, the Protocol shall be annexed to the Protocol in accordance with Section 5a of the Plant Protection Act 1995.

(9) The Protocol shall be countered by the responsible person of the establishment, to be forwarded to the Official Plant Protection Service of the Federal State and shall be kept there. "

4. In § 6, in each case after the word order 'on the implementation of Decision 2002 /757/EC' the phrase " , as amended by Decision 2004 /426/EC " inserted.

5. § 15 reads:

" § 15. (1) The Federal Office for Food Safety, in the case of forestry plants or plant products in accordance with the Annex of the Forest Act 1975, the Federal Office of Forest, has the import of plants, plant products and other objects from Third countries, by way of derogation from the provisions of the fourth paragraph. To approve the Section of the Plant Protection Act in 1995, if:

1.		is subject to authorisation under the legislation of the European Community; or
2.		it is necessary for breeding purposes, for scientific studies or for experimental purposes .

(2) The application for the grant of an import authorization in accordance with paragraph 1 shall be submitted to the Federal Office for Food Safety, in the case of forestry plants or plant products in accordance with the annex of the Forest Act 1975 to the Federal Office of Forest.

(3) The application shall contain:

1.		the name and address of the consignee;
2.		the name and address of the source of supply;
3.		the quantity and type (variety) of the plants, plant products and other objects to be obtained;
4.		the purpose and duration of the derogation;
5.		Addresses of quarantine stations and any storage locations;
6.		proposals for the proper disposal of the material;
7.		the planned entry;
8.		if necessary registration number (§ 14 para. 5 of the Plant Protection Act 1995).

(4) The Federal Office for Food Safety, in the case of forestry plants or plant products in accordance with the Annex of the Forest Act 1975, the Federal Office of Forest, has before the decision to obtain an opinion from an official expert on whether: the import or spread of harmful organisms is to be feared by the import.

(5) The authorization shall prescribe conditions and conditions which are likely to prevent the risk of the introduction or spread of harmful organisms. "

6. § 16 (3) reads:

"(3) The fee for activities of the Federal Office for Forests shall be governed by the tariff issued in accordance with Section 3 (6) of the BFWG, those for activities of the Federal Office for Food Security in accordance with the tariff issued in accordance with Article 6 (6) of the GESG."

7. In § 16 (7), the following sentence is added:

"This allocation shall not apply to cash outlays within the meaning of Section 76 AVG."

8. § 17 reads:

" § 17. Annexes I to V of the Plant Protection Act 1995 shall be defined as follows:

1.		Annex I, Part A (harmful organisms, the introduction and spread of which is prohibited in the Member States or in the Member States):
		Annex I, Part A, of Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1), as amended by Directive 2002/36/EC amending certain Annexes to Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants and harmful organisms, and Plant products (OJ L 327, 22. No. OJ L 116 of 3.05.2002 p. 16);
2.		Annex I, Part B (harmful organisms, the introduction and spread of which is prohibited in certain protected areas):
		Annex I, Part B, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2000, p. No. 1) as amended by Directive 2004 /70/EC amending Annexes I, II, III and IV to Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants and their spread and plant products (OJ No. OJ L 127, 29.04.2004, p. 97);
3.		Annex II, Part A (harmful organisms, the introduction into and the spread of harmful organisms into or in the Member States where certain plants or plant products are infested):
		Annex II, Part A, of Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2000, p. No. 1), as amended by Directive 2004 /102/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of harmful organisms harmful to the environment and the spread of harmful organisms Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 309, 6.10.2004 (S);
4.		Annex II, Part B (harmful organisms, the introduction and spread of which is prohibited in certain protected areas (s) in the event of infestation of certain plants or plant products):
		Annex II, Part B, of Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1), as amended by Directive 2004 /102/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of harmful organisms harmful to the environment and the spread of harmful organisms Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 309, 6.10.2004 (S);
5.		Annex III, Part A (plants, plant products and other products which have been banned in the Member States):
		Annex III, Part A, of Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2000, p. No. 1), as amended by Directive 2004 /102/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of harmful organisms harmful to the environment and the spread of harmful organisms Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 309, 6.10.2004 (S);
6.		Annex III, Part B (plants, plant products and other products which have been banned in certain protected areas):
		Annex III, Part B, of Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1), as amended by Directive 2004 /70/EC amending Annexes I, II, III and IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of harmful organisms harmful to the environment and the spread of harmful organisms Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 127, 29.4.2004 (S 97);
7.		Annex IV, Part A (special requirements for the movement of plants, plant products and other products to and within the Member States, to be submitted by all Member States):
		Annex IV, Part A, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2000, p. No. 1), as amended by Directive 2004 /102/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of harmful organisms harmful to the environment and the spread of harmful organisms Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 309, 6.10.2004 (S 36);
8.		Annex IV, Part B (special requirements for the movement of plants, plant products and other products into and within certain protected areas, to be submitted by all Member States):
		Annex IV, Part B, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1), as amended by Directive 2004 /102/EC amending Annexes II, III, IV and V to Directive 2000 /29/EC on measures for the protection of the Community against the introduction into the Community of organisms harmful to plants and their spread and plant products (OJ No. OJ L 309, 6.10.2004 p. 9);
9.		Annex V (plants, plant products and other objects to be subjected to a health inspection before being transferred within the Community at the place of production if they originate in the Community or prior to authorisation Imports into the Community in the country of origin or desalinding country, if they originate from third countries):
a)			Part A (plants, plant products and other objects originating in the Community):
			Annex V, Part A, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1), as amended by Directive 2004 /102/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into and the spread of harmful organisms of the harmful organisms of the Community Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 309, 6.10.2004 (S);
b)			Part B (plants, plant products and other objects originating in areas other than those referred to in Part A):
			Annex V, Part B, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1), as amended by Directive 2004 /102/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into and the spread of harmful organisms of the harmful organisms of the Community Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 309, 6.10.2004 (S 9).

9. In § 18, after Z 24, the point shall be replaced by a stroke, and the following Z 25, 26, 27 and 28 shall be added:

" 25.		Directive 2004 /70/EC amending Annexes I, II, III and IV to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 30.4.2004, p. No. OJ L 127, 29.4.2004 (S 97);
26.		Directive 2004 /102/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 30.4.2004, p. No. OJ L 309, 6.10.2004 (S);
27.		Directive 2004 /103/EC regulating the checks and health checks of plants, plant products and other objects listed in Annex V, Part B, of Council Directive 2000 /29/EC, in a place other than the place of the entry into the territory of the Community or at a nearby location (OJ L 327, 30.4.2004, p. No. OJ L 313, 12.10.2004 (S 16);
28.		Directive 2004 /105/EC laying down the patterns of official plant health certificates and phytosanitary certificates for re-export, in the plants, plant products and other plants listed in Council Directive 2000 /29/EC (c) Articles from third countries (OJ L 327 No. OJ L 319, 20.10.2004 (S 9).

10. § 19 the following paragraph 11 is added:

" (11) § 3 (1) and (2), § 4a, § 4b, Annex 5 and Annex 8 in the version of the BGBl Regulation. II No 471/2004 shall enter into force on 1 July 2004. Jänner 2005 in force. In Article 17, the amendment to Annex II, Part A, Annex II, Part B, Annex III, Part A, Annex IV, Part A, Annex IV, Part B, Annex V, Part A, and Annex V, Part B, as amended by Directive 2004 /102/EC, amending Annexes II, III, IV and V to the Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 346, 31.12.2000, p No. OJ L 309, 6.10.2004 (S 9), on 1 March 2005. '

11. In Annex 5, the previous Z III is deleted and the previous Z IV is given the name " III "

12. Annex 5 Z III is:

III. Special Fees

Rate post	Type of activity	Impact on charges	Affected Digits
6	Conduct of a sample-like investigation (iVm § 38 para. 7 Plant Protection Act)	Flat rate of 42.80 plus 23,50 per half hour of examination	I., II.
7	Control outside the service period at the request of the applicant	Increase of the applicable fee by 50%	I., II., III.
8	Exhibition of a fog pursuant to § 16 (6), first sentence of the Plant Protection Regulation	Flat fee of 37,50 in addition to the applicable fees	I., II., III.