Enacting A Welfare Law, As Well As Amendment Of The Federal Constitution Act, The Gewo 1994, And Of The Federal Ministry Of Law Of 1986

Original Language Title: Erlassung eines Tierschutzgesetzes sowie Änderung des Bundes-Verfassungsgesetzes, der Gewerbeordnung 1994 und des Bundesministeriengesetzes 1986

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118. Federal law allows adopted an animal protection law and the Federal Constitution Act, the GewO 1994 and the Federal Ministry of law changed in 1986

The National Council has decided:

Article 1

(Constitutional provision)

Amendment of the Federal Constitution Act

The Federal Constitution Act, Federal Law Gazette No. 1/1930, last amended by Federal Law Gazette I no. 100/2003, is amended as follows:

1. in article 11 paragraph 1 of point replaced 7 with a semicolon at the end of the Z; following Z 8 is added:



"8 animal welfare unless he is federal according to other provisions in the legislation, but with the exception of the exercise of hunting or fishing."

2. Article 11 paragraph 9 is as follows:



"(9) in the paragraph 1 Z, 7 and 8 listed matters are the Federal Government and the following powers to the individual Federal Ministers to the provincial government:"



1. the authority by federal institutions in the acts of the authorities of the country to inspect;

2. the power to require the transmission of reports on the enforcement of the laws enacted by the Federal Government and regulations;

3. the power necessary information about the execution to require all for the preparation of the enactment of laws and regulations by the Federal Government;

4. the power to require information and the submission of files, as far as this is necessary for the exercise of other powers in certain cases."

3. Article 151 is added the following paragraph 30:



"(30) article 11 para 1 Nos. 7 and 8, as well as paragraph 9 as amended by Federal Law Gazette I no. 118/2004 comes with 1 January 2005, but prior to the expiry of the day of the announcement of the Federal Act in the Federal Law Gazette in force." "As far as the federal legislation does not otherwise determined, contact this time in matters pertaining to article 11 paragraph 1 Z 8 existing national regulations override."

Article 2

Federal law on the protection of animals (animal welfare act - ed.)

Table of contents

1. main piece

General terms and conditions


§ 1: objective of § 2: promotion of animal welfare § 3: section 4: scope of definitions § 5: prohibition of animal cruelty section 6: prohibition of killing § 7: banning of interventions on animals § 8: prohibition of transfer, sale and acquisition of certain animals § 9: assistance required § 10: animal experiments § 11: transport of animals 2. main piece

Animal husbandry

1 section

General terms and conditions


§ 12: Requirements for the holders of § 13: principles of animal husbandry section 14: caregivers section 15: care for illness or injury § 16: freedom of movement article 17: feeding and watering § 18: construction equipment and keeping devices section 19: animals housed in buildings or accommodation section 20: controls section 21: records article 22: breeding methods section 23: permits 2. section

Special provisions


Article 24: animal husbandry regulation § 25: Wildlife section 26: keeping animals in zoos § 27: keeping animals in circuses and similar establishments section 28: use of animals at other events section 29: animal shelters § 30: runaway, abandoned, left behind as well as seized by the authority or accepted animals § 31: keeping animals in the course of commercial activities § 32: slaughter or killing 3 main piece

Enforcement


§ 33: Authorities § 34: participation of organs of public security section 35: official monitoring section 36: access to property, premises and means of transport § 37: immediate compulsion 4 main piece

Criminal and final provisions


§ 38: penal provisions article 39: ban on animal husbandry section 40: final section 41: animal protection Ombudsman section 42: animal protection Council, animal welfare report § 43: references, personal names section 44: entry into force and transitional provisions article 45: preparation of execution section 46: implementation notice § 47: notification section 48: enforcement clause 1 main piece

General terms and conditions

Objective of



§ 1. This federal law aims to protect of the life and well-being of animals from the special responsibility of man for the animal as a fellow creature.

Promotion of animal welfare



§ 2. Federal, State and municipalities are obliged to raise the understanding of the public and especially youth welfare and to deepen and have animal-friendly husbandry, to promote animal welfare research, as well as concerns of animal welfare in accordance with budgetary possibilities.

Scope



3. (1) this federal law applies to all animals.

(2) sections 7 to 11 and the main piece of 2, with the exception of § 32, apply only to vertebrates, cephalopods and Decapoda.

(3) by this federal law, other federal regulations are for the protection of animals, in particular



1. the animals Act, Federal Law Gazette No. 501/1989, 2nd the animal transport law Street, Federal Law Gazette No. 411/1994, 3. the animal transport Act air, Federal Law Gazette No. 152/1996, 4 the animal transport Act rail, Federal Law Gazette I no. 43/1998, in its current version does not touch.

(4) this Act does not apply to the exercise of hunting and fishing. Do not apply as the exercise of hunting or fishing



1. the keeping of animals which are used to support the hunting or fishing, 2. the keeping of animals in enclosures other than for hunting purposes, 3. the welfare of fish for purposes other than fishing.

Definitions



§ 4. The following terms have the following meaning in this federal law:



1. holder: the person who constantly or temporarily for an animal is responsible or has an animal in their care;

2. pets: animals of the species of cattle, pig, sheep, goat and horse, each with the exception of exotic species, as well as large camels, small camels, water buffalo, domestic rabbits, domestic dogs, domestic cats, domesticated poultry and domesticated fish;

3. pets: animals that can be kept as companions or for interest on the animal in the budget insofar as domestic animals or domesticated animals of the orders of the carnivores, rodents, Lagomorphs, Psittaciformes, Finch birds, doves, and the class of fish;

4. Wildlife: all animals except for House - and pet animals;

5. deer: Red Deer, fallow deer, sika deer, Davidshirsche, Mouflon and wild boar;

6 farm animals: all domestic or wild animals, the for the production of animal products (E.g. food, wool, hides, skins, leather) or to other agricultural or forestry purposes be kept;

7. fodder animals: fish, poultry up to the age of four weeks, as well as mice, rats, hamsters, Guinea pigs and rabbits; kept for the purpose of feeding or killed

8 intervention: a measure that leads to damage to or the loss of a sensitive part of the body or a change in the structure of the bone;

9 animal shelter: a setting up non-profit, including animal asylum or sanctuary, providing the safe custody of orphan or other animals;

10 zoos: permanent establishments where wild animals are kept in order to display for a period of at least seven days in the year, excluding circuses and pet shops;

11 Circus: an institution offering performances, which can inter alia in the field of Equitation or the training of animals and include acrobatic performances, serious and comical stunts, pantomime and dance and music numbers;

12 variety: an institution with performances, essentially just aimed at entertainment and declamatory or musical presentations, artistic performances, stunts, short farces, Singspiel, burlesque or scenes where in alternating sequence numbers are organized;

13 battles: the killing of an animal by blood withdrawal and subsequent evisceration for the purpose of meat production.

Prohibition of animal cruelty



5. (1) it is prohibited, an animal unjustified pain, inflicting suffering or injury, or to put it in severe anxiety.

(2) against violates paragraph 1 in particular, who



1 makes new varieties, for the animal or its offspring with severe pain, suffering or severe anxiety associated (torment varieties), or imported animals with agony breeding characteristics that acquires or passes;

2. the aggression and combat readiness of animals by one-sided breeding selection or by other measures increased;

3. a) Stachelhalsbänder, coral necklace, or galvanic or chemical dressage equipment used or b) technical devices, tools, or devices used, aimed by hardness or punishment stimuli to influence the behavior of an animal;

4. an animal to another animal rushes or is on a different animal on sharpness.

5. introduce organised or performs.

6 organized greyhound racing on asphalt or other hard floor coverings;

7 feeds an animal irritable or doping substances to increase the power of animals, in particular in sporting competitions, or similar events;

8. an animal attracts about shooting a movie, advertising, display or similar purposes and events, unless connected to pain, suffering, injury or heavy fear for the animal;

9 services requires an animal, if pain, suffering, injury or heavy fear for the animal are so obviously connected;

10.

an animal consists of temperatures, weather conditions, lack of oxygen or a restriction of movement and thus inflicting pain, suffering, injury or heavy fear him;

11 food or substances sets out an animal, whose inclusion for the animal obviously pain, suffering, injury or heavy fear associated with;

12 by application of force food or substances incorporated into an animal, unless this is required for veterinary reasons;

13. the accommodation, nutrition and care of the animal held by him in a way neglected, that for the animal pain, suffering or injury are connected or it goes into severe anxiety;

14 a home or pet or a kept non-native animals in the wild sets out or leaves his to dispose;

15 limbs cut off live animals;

16 gear so used, that they start unscathed or not immediately kill.

(3) do not violate § 1



1. measures which are required on the basis of a veterinary medicine indication or otherwise are made for the welfare of the animal, 2.
Measures taken in accordance with veterinary requirements, 3.
Measures that are essential to the professional pest or disease, 4.
Measures the training of service dogs of Security Executive and the Federal Army, where specially trained persons respecting of proportionality coral collar are applied. Understanding, under a coral collar is a metal collar links with laryngeal protection with rounded metal appendages slant inward-looking with a wire diameter of at least 3.5 mm.

(4) the acquisition and possession of items which according to para 2 No. 3 lit. a not is may be used forbidden. Excluding the acquisition and possession of coral collar for in para 3 are Z 4 purposes.

(5) by regulation 1, the Federal Minister for health and women, in relation to farmed animals in agreement with the Federal Minister of agriculture and forestry, environment and water management, has to determine which new varieties anyway, subject to para 2 Nos. 1 and 2;

2. has the Federal Minister for health and women in agreement with the Federal Minister of the Interior and the Federal Minister of national defence to set details on measures the training of service dogs of the Security Executive or the Federal Army.

Prohibition of killing



6. (1) it is prohibited to kill animals without reasonable cause.

(2) it is prohibited to kill dogs or cats for the extraction of food or other products.

(3) the killing of animals for the purpose of education, and training is only at research institutions and only to the extent permitted by law, as it is essential for the intended use and cannot be replaced by alternative methods.

(4) without prejudice to the prohibitions under paragraph 1 and 2 knowingly killing of vertebrates may only be by veterinarians. This does not apply



1 for the professional slaughter of farm animals and feed animals (§ 32), 2nd for the professional slaughter of animals in the framework of the training, and training in accordance with paragraph 3, 3. for professional pest control, 4. in cases where rapid killing is vital, to spare the animal non-recoverable torment.

Banning of interventions in animals



7. (1) interventions that are not therapeutic or diagnostic targets or the proper identification of animals in accordance with the applicable legislation, are prohibited, in particular



1 interventions to change the phenotypic appearance of the animal, 2. the cropping of the tail, 3. cropping of the ears, 4. the severing of the vocal cords, 5. removing the claws and teeth, 6 the cropping of the beak.

(2) exceptions to these prohibitions are permissible only



1. for the prevention of reproduction, or 2. If the intervention for the intended use of the animal, is essential for its protection or for the protection of other animals; These procedures are set in the regulation referred to in article 24, paragraph 1 Z 1.

(3) intervention, in which an animal will suffer significant pain or could suffer, may, be performed not by regulation in accordance with § 24 para 1 Z 1 else unless otherwise provided, only by a veterinarian and only after effective anaesthesia and with postoperative treatment of pain. Operations where no anesthesia is required, can be carried by a competent person other. Type and proof of competence are to no. 1 in the regulation referred to in article 24, paragraph 1.

(4) the use of rubber rings, Ätzstiften and etching ointments is prohibited.

Prohibition of transfer, sale and acquisition of certain animals



§ 8. It is forbidden to sell an animal for a life with unrecoverable torment is connected to disclose for any other purpose than to the immediate painless killing, or purchase. The purchaser shall immediately painlessly to kill such a beast, or kill.

Assistance duty



§ 9. Who has clearly violated an animal or placed in danger, has, as far as this is reasonable to provide the required assistance animals or, if that is not possible to get such assistance.

Animal experiments



§ 10. For animal experiments (§ 2 of animal experiments Act, Federal Law Gazette No. 501/1989) in matters that are after the Federal Constitution Act in the execution of country thing, the animal experiments Act shall apply mutatis mutandis with the proviso that in the place of the Governor the State Government has to occur and an appeal to a Federal Minister is excluded.

Transport of animals



§ 11 (1) as far as the transport, including the loading and unloading of animals is subject to not the provisions of animal transport law Street, of the animal transport Act-air and of animal transport Act rail, is to make sure transportation, letting the animals a reasonable, sufficiently ventilated room, protection against unfavourable weather conditions and are provided with the necessary water and feed. The transport of aquatic animals is sure that is adapted to the water volume of the number of animals transported, a warming of the water and decrease the oxygen content is avoided, and a feeding has to be avoided.

(2) the upright position of the container, with which an animal is to be transported, is not readily from the outside, so the transport container with a character is to be provided, indicating the upright position of the container. It is recognizable due to the nature of the transport container cannot easily from the outside that allow an animal carried a note to attach it on the container sets out, which animal is transported.

(3) the Federal Minister for health and women has to meet qualifiers about the size, condition and equipment of transport containers, means of transport and the loading and unloading of taking resources as well as the treatment of animals during their transport in relation to farmed animals in agreement with the Federal Minister of agriculture and forestry, environment and water management, in accordance with the objective and the other general provisions of this Federal Act, as well as the recognized State of scientific knowledge through regulation.

2. main piece

Animal husbandry

1 section

General terms and conditions

Requirements of the holder



Section 12 (1) for breeding is entitled any which to comply with the provisions of this Federal Act and the regulations it established able is especially about the necessary knowledge and skills.

(2) the keeper of an animal not in a position to provide for a corresponding to this federal law position of the animal is so he has such connections it passed institutions or persons, that guarantees a position corresponding to this federal law.

(3) without the consent of the legal guardian animals may not be placed on minors who have not reached the age of 14.

Principles of animal husbandry section 13 (1) animals may be held only if on the basis of its genotype and Phenotype and in accordance with the following principles can be assumed, that attitude does not affect their well-being according to the recognized State of scientific knowledge.

(2) a person who holds an animal, shall ensure that space, freedom of movement, the soil, the structural facilities of accommodation and keeping devices, the climate, in particular light and temperature, care and nutrition and the opportunity for social contact, taking into account the type, age and degree of development, adaptation and domestication of animals are appropriate to their physiological and Ethological needs.

(3) animals are to keep their body functions and their behavior are not disturbed, and their ability to adapt is not overwhelmed.

Caregivers




§ 14. Enough caregivers must exist, have that have the necessary aptitudes and the necessary knowledge and professional skills for the care of the animals. In the regulations made pursuant to section 11, § 24, § 25, § 26, § 27, § 28, § 29 and article 31 are the nature and the scope of and the proof of the required expertise, taking into account the objectives and other provisions of this Federal Act and the regulations be established to regulate.

Treatment of illness or injury



§ 15 shows an animal sign of illness or injury, so it has to be, supplied immediately properly, if necessary, using a veterinarian. Sick or injured animals are adequately and, if necessary, separately to accommodate these specific requirements.

Freedom of movement



16. (1) the freedom of movement of an animal not so will be that added pain, suffering or injury to the animal or it enters to heavy fear.

(2) the animal must have a place that is appropriate to its physiological and Ethological needs.

(3) the permanent tethering is prohibited.

Appropriate movement possibilities or appropriate outlet or grazing are cattle (4) at least 90 days in the year, insofar as there are no compelling legal or technical reasons. The Federal Minister for health and women in agreement with the Federal Minister of agriculture and forestry has by regulation to set environmental and water management, which conditions as mandatory legal or technical reasons to be.

(5) dogs may be never, held not temporarily also the chain or otherwise connected state.

(6) wildlife may be never, held not temporarily also connected. The training of birds of prey in the framework of the falconry remains unaffected.

Feeding and watering



Section 17 (1) type, composition, quality and quantity of feed must comply with the species, the age and the needs of the animals. The lining must be constructed and be composed that the animals can satisfy their nutritional need of employment associated with feeding.

(2) the administration of the Chuck has to take into account the needs of the animals in the food intake behavior and eating patterns.

(3) the animals must have access to a sufficient quantity of water of suitable quality according to their needs.

(4) feed and water must be administered in the form of hygienic.

(5) the feeding and drinking equipment must be kept clean and must be designed so that a species-appropriate food and water absorption is possible. You must be so arranged and operated, all animals to be able to meet their needs.

Construction equipment and farming equipment



Section 18 (1) that for the construction of the accommodation and the attitude devices material used can bring the animals into contact be safe for the animals and adequately cleaned can be.

(2) the accommodation as well as the devices that the animals are connected or spatially enclosed, perform and maintain that the animals may suffer no injury in particular through sharp edges or irregularities.

(3) the following applies cages and other farming systems of keeping laying hens:



1. cages in accordance with article 5 of Directive 1999/74/EC laying down minimum standards for the protection of laying hens, OJ No. L 203 of the 03.08.1999 p. 53, as amended by Regulation (EC) No. 806/2003, OJ No L 122 of the 16.05.2003 S. 1: a) the construction or the initial start-up is forbidden.

(b) the operation of before January 1, 2003-built cages is permitted until the end of December 31, 2008. Economic incentives can be provided to switch into a different posture form companies.

2. cages in accordance with article 6 of Directive 1999/74/EC: a) the construction or the initial operation is prohibited as of 1 January 2005.

(b) the operation of before January 1, 2005-built cages is permissible up to the expiration of 15 years from the first time.

3. the approval of new farming systems, requirements in accordance with article 6 of Directive 1999/74/EC and beyond and not satisfying the requirements in accordance with article 4 of that directive, but represent an improvement to existing farming systems according to sections 13 and 24, according to a certification in accordance with paragraph 6.

(4) animals must be kept in permanent darkness nor in artificial continuous lighting without interruption through appropriate dark phases. This does not apply for the rearing of chicks. The natural light is not sufficient to cover the needs of the animals, appropriate artificial lighting must be provided. This consideration is to take on the natural resting and activity rhythm of the animals.

(5) the air circulation, the dust content in the air, temperature, relative air humidity and gas concentration - in aquatic animals, the temperature, the concentration of the pollutant and the oxygen content of the water - must be kept in an area which is not harmful to the animals. The welfare of animals depends on a ventilation system, a suitable replacement device must be provided, which ensures an air exchange sufficient for the maintenance of the well-being of the animals with failure of the system; It is to provide an alarm system that reports the failure of the ventilation system. The alarm system must be checked regularly.

(6) to increase the legal certainty of livestock keepers and to facilitate implementation of the, a compulsory administrative authorisation procedure provided is for new on housing systems manufactured in series and new technical equipment for farming. The Federal Minister for health and women is authorized as standard manufactured farming systems and housing equipment as well as pet accommodation and pet accessories, which comply with the requirements of this federal law, by regulation to regulate labelling in relation to farmed animals in agreement with the Federal Minister of agriculture and forestry, environment and water management.

Animals housed in accommodation



§ Are 19 animals that are temporarily or permanently not in accommodation, to protect if necessary from adverse weather conditions and as far as possible from predators and other threats to their well-being.

Controls



Section 20 (1) all animals in farming systems, which depends on the well-being of the animals by regular care by people, must be checked regularly, second sentence, and paragraph 4, sections 26, 27, 29 and 31 at least once per day, in the case of agricultural farming and livestock in accordance with article 25, paragraph 1.

(2) in other systems-bred or kept animals are to control pain, suffering, injury or heavy fear as far as possible to avoid at such intervals.

(3) there must be a suitable (fixed or mobile) lighting available, which is sufficient to be able to inspect the animals always thoroughly as far as this is essential for the care and observation of the animals, anyway, but in keeping of farm animals.

(4) any automatic or mechanical and equipment whose functioning depends the welfare of the animals, are regularly to inspect, second sentence, and paragraph 4, sections 26, 27, 29 and 31 at least once per day, in the case of agricultural farming and livestock in accordance with article 25, paragraph 1. Defects are immediately to fix; This is not possible, appropriate measures must be taken to protect the welfare of the animals are so.

Records



Section 21 (1) the holder has records of all medical treatments and, to the extent it is to mammals, birds or reptiles, to lead the number of dead animals, if there is an agricultural farming or animal husbandry para 1, second sentence, and paragraph 4, sections 26, 27, 29 and 31 in accordance with § 6 para 3, § 25.

(2) these records are, as far as federal regulations no longer foresees deadlines, to be kept for at least five years and to provide the authority on the occasion of a check or on request.

Breeding methods



Section 22 (1) natural or artificial breeding methods that longer or permanently affect the welfare of the animals, are prohibited.

(2) this provision excludes non-the application of procedures that cause only minor or temporary impairment of health and well-being. The Federal Minister for health and women is can, in relation to farmed animals in agreement with the Federal Minister of agriculture and forestry, regulate the environment and water management, taking into account the objectives and other provisions of this Federal Act as well as wpg recognized scientific knowledge through regulation what methods and procedures for the breeding of animals in any case are forbidden.

Permits



section 23. Apply for permits, if not another is intended, the following provisions:



1. the authority has authorisations at the request to grant.

2.

The authorisation shall be granted if applied for livestock corresponds to the provisions of this Federal Act and the regulations issued on its basis, as well as the recognized State of scientific knowledge and is contrary to a ban on animal husbandry.

3. permits can be, if necessary, temporarily or granted subject to certain conditions or under conditions.

4. a temporary permit is to extend, if the request before the deadline will be introduced and the conditions for the granting of the authorisation are available at the request of the holder of the authorization. If necessary, the terms or conditions (Z 3) are to change.

5. the authority finds that livestock no longer complies with the permit requirements or the prescribed conditions or conditions are not met, she has that decision to the achievement of the legitimate State to impose the necessary measures and to threaten withdrawal of the permit to the holder of the authorization. The holder of the authorization does not fulfil the requirements within the time limit set in the notice, has the authority to revoke the permit. The animals concerned are to take off and pass such associations, institutions or persons, that guarantee a position corresponding to this Federal Act.

2. section

Special provisions

Animal husbandry regulation



24. (1) in light of the purpose and the other provisions of this Federal Act as well as taking on the recognized State of scientific knowledge, and the economic impact is the Federal Minister for health and women, in relation to animals in accordance with subpara 1 in agreement with the Federal Minister of agriculture and forestry, environment and water management, for keeping



1 by horses and Pferdeartigen pigs, cattle, sheep, goats, deer, llamas, rabbit, poultry, ostrich farming, and 2 other vertebrate animals by regulation the minimum requirements for the conditions referred to in article 13 paragraph 2 and, where necessary, provisions with regard to permissible interventions as well as any other additional requirements of attitude to adopt.

(2) for animal species, their keeping of a permit is needed, but not governed by a regulation, the authority on occasion of an application (§ 23 Z 1) an opinion of the animal protection Council (§ 42) on the according to the recognized State of scientific knowledge to catch up with minimum requirement to be complied. The Federal Minister for health and women has announced the opinion of the animal protection Council in the official veterinary News (AVN). Such a statement is present, the authority has to seek an opinion of the animal protection Council.

(3) the Federal Minister for health and women has regulations on the marking of dogs and cats for the purpose of repatriating regulation runaway, abandoned or left animals to their holders, as well as on the registration and management of this indicator and any other for the posture of the animal of significant data to adopt.

Wild animals



Section 25 (1) wild animals which, in terms of climate, diet, need for movement or social behaviour - place special demands on the attitude, may be held in fulfilment of the prescribed conditions only on the basis of a to be made within two weeks of display of wild animal husbandry with the authority. In enclosures, where hoofed game exclusively for the production of meat is kept, this must be kept in fulfilment of the prescribed conditions only on the basis of a display of wild animal husbandry with the authority. The display has the name and the address of the holder, the type and maximum number of animals bred to contain the place of position and other information that are required for the evaluation by the authority. the further is through regulation of the Federal Minister for health and women, to regulate in relation to enclosure, where hoofed game exclusively for the meat production is held in consultation with the Federal Minister of agriculture and forestry, environment and water management.

(2) a display not need referred to in paragraph 1:



1. facilities that no. 501/1989, subject to the animal experiments Act, BGBl., 2. zoos, 3 animal shelters, 4. the keeping of animals in the course of commercial activities.

(3) the Federal Minister for health and women shall by regulation, taking into consideration the objective and the other provisions of this Federal Act as well as the recognized State of scientific knowledge of those wild animals to 1 means that place special demands on the attitude and the attitude of certain wild animal species for reasons of animal welfare to ban 2.. Such a prohibition applies not for zoos that have a permit in accordance with section 26, and academic institutions that have displayed their wild animals referred to in paragraph 1.

(4) keeping of wild animals, which make no special demands upon attitude and care, applies in commercially operated facilities paragraph 1 in accordance with.

(5) the keeping of fur-bearing animals for fur production is prohibited.

Keeping animals in zoos



Section 26 (1) the keeping of animals in zoos need a permit according to § 23.

(2) further provisions laying down minimum standards for zoos on the equipment, supervision of training to assign to animals, operations management, by the persons engaged in animal husbandry, as well as from zoos, with the exception of facilities provided where no significant number of animals or species to the show and which are not significant for the protection of species of wild animals or the preservation of biological diversity , the Federal Minister for health and women, taking into consideration on the objectives of and the other provisions of this Federal Act as well as the recognized State of scientific knowledge and the claims of kept species has to be provided services (conservation, public education, scientific research) by regulation to set.

(3) is the Zoo entirely or partially closed, as has the authority for the case that the owner of the animals unable is to ensure to have passed the animals concerned by such associations, institutions or persons, the warranty for one position corresponding to this Federal Act corresponding to this federal law, or, if the attitude abroad is required , offer equivalent position. All this is not possible, the animal can be killed painlessly.

Keeping animals in circuses, variety shows and similar facilities



Section 27 (1) in circuses, variety shows and similar establishments no species of wildlife may be kept or used.

(2) the Federal Minister for health and women shall by regulation to regulate the conditions and minimum requirements for the position and participation of animals in circuses and similar establishments, as well as for the required competence of caregivers, taking into consideration on the objectives of and the other provisions of this Federal Act as well as the recognized State of scientific knowledge.

(3) the attitude and participation of animals in circuses, variety shows and similar institutions, in particular the increase in the number of animals or keeping other than the approved animals requires a Government permit. The permit is valid for the entire Federal territory. Responsibility for measures under article 23 Z 5 depends on the respective site.

(4) the authorization is in accordance with of article 23 and only then to grant, if it is ensured that 1 the keeping of the animals complies with the requirements of this Federal Act and the regulations be established, 2. an adequate veterinary care is ensured and 3 of the grant applicant demonstrably has a suitable winter quarters, that meets the requirements of the animal husbandry in the meaning of this Act. Foreign entrepreneurs have to teach a similar confirmation of their home country.

(5) the change of the site is timely, the authority of the next site anyway, but before the new site, to display. The display also the type and the time of an event and the animals next to the location to be specified. The grant is to connect the display in original or copy.

(6) article 26, paragraph 3 shall apply mutatis mutandis.

Use of animals at other events



Section 28 (1) the use of animals at other events, as well as the involvement of animals for film and television requires a regulatory approval according to article 23, as far as not a permit is required under the veterinary legislation. Approval of participation may be granted as a permanent permit. In such a case, the respective participation of the authority is to display in a timely manner.

(2) the application for which approval must be received at least four weeks prior to the date of the planned event at the authority and has to contain a collection of transported animals (species and number) and the keeping of the animals as well as the way of they are used to present.


(3) the Federal Minister for health and women shall further provisions relating to notification, duration, to adopt the attitude of animals during the event, as well as recording obligations animal exhibitions subject to authorisation according to para 1, animal shows, animal markets and animal Fairs, taking into consideration on the objectives and the other provisions of this Federal Act as well as the recognized State of scientific knowledge by regulation.

(4) in the case of events according to para 1 and related livestock you are laid down minimum requirements as well as the possibly issued terms and conditions to comply with this federal law and in the regulations it established.

Animal shelters



Section 29 (1) operating an animal home requires a permit from the authority according to section 23.

(2) the authorization is in accordance with of article 23 and to grant, only when



1. the regular veterinary care of animals is ensured and 2. at least one person with relevant professional training constantly works with in the management of the animal home.

(3) the management of the animal orphanage has to result in a Vormerkbuch, in which under operating number the day of recording, if possible name and place of residence of the owner or bearer, a description of the appearance and State of health of the captured animals to enter. With the departure of the animals are date and type of leaving as well, to hold in the case of procurement, name and place of residence of the transferee. These records shall be kept for three years and to submit to the authority upon request.

(4) for more training to assign to provisions on the minimum requirements for animal shelters on the equipment, care of animals, operations management, as well as about the people engaged in animal husbandry has the Federal Minister for health and women, taking into consideration the objective of, and the other provisions of this federal law, as well as the recognized State of scientific knowledge through regulation to set.

Runaway, abandoned, left behind as well as seized by the authority or from animals



30. (1) the authority has - as far as a transfer to the holder considered comes - provision to meet runaway, abandoned, left behind and seized by the authority or from animals to people, institutions and associations, which can ensure a farming within the meaning of this Federal Act, that to be passed. These persons, groups or institutions (hereafter: depositary) have the obligations of a holder.

(2) the services to be provided by the country and by the depositary and the fees to be paid are to regulate by contract.

(3) as long as animals are in the sense of paragraph 1 in the custody of the authority, placing these animals takes place at the expense and risk of the keeper.

(4) securities depositories of animals referred to in paragraph 1 have the institutions which are responsible of the execution of this Federal Act, to give at any time access to the animal keeping facilities and permanent control of the State of health of the animal and to comply with all instructions of the authority.

(5) for the duration of the official custody, the authority shall on the duties of the keeper.

(6) the authority shall announce the animals found in their local area in an appropriate form.

(7) If a delivery within the meaning of paragraph 8 desires not within one month after the notification referred to in paragraph 6, ownership of the animal may be transferred to third parties. Should then year period the owner assert his right of ownership, the mean value of the animal less the costs incurred is him to replace.

(8) the handing over of animals within the meaning of paragraph 1 to persons who claim the right of ownership on these animals, requires the consent of the authority.

Keeping animals in the course of commercial activities



31. (1) the keeping of animals in the course of a commercial activity (§ 1 of the Gewerbeordnung, BGBl. No. 194/1994) requires a permit under section 23.

(2) in any premises in which animals in the course of a commercial activity will be held, a sufficient number of persons with knowledge of species-appropriate animal husbandry must be regularly and continuously active. In pet stores, these persons are obliged to advise clients about the animal welfare and the required vaccinations of animals offered for sale, as well as to inform of any permit requirements. The fulfilment of this obligation can be made credible the authority, in the form of the provision of adequate information offers of.

(3) the Federal Minister for health and women in agreement with the Federal Ministry of Economics and labour, taking into consideration the objective and the other provisions of this Federal Act, as well as the recognized State of scientific knowledge has rules about keeping animals in the context of commercial activities, including on must demonstrate by the persons employed with the animal husbandry training, to adopt by regulation.

(4) the commercial farming of animals for the purpose of breeding is the holder of authority prior to commencement of activities to report. The authority shall prohibit the attitude, if it is needed for reasons of animal welfare. The display has the name and the address of the holder, the type and maximum number of animals bred to contain the place of position and other information that are required for the evaluation by the authority. the further is to regulate by Ordinance of the Federal Minister for health and women. Animal husbandry is to prohibit, if it is not the principles article 13 within six weeks. Ban reasons emerge subsequently, section 23 shall apply by analogy to Z 5.

(5) dogs and cats may be not held within the framework of industrial activities referred to in paragraph 1 in specialty pet shop and other commercial facilities where animals are offered for the purpose of sale or exhibited.

Slaughter or killing



Section 32 (1) without prejudice to the prohibition of killing according to § 6 the killing of an animal is permitted only so, avoid any unjustified infliction of pain, suffering, injury or heavy fear.

(2) the slaughtering, killing, movement, accommodation, restraining, stunning and bleeding an animal may be made only by persons who have the necessary knowledge and skills to do so.

(3) the slaughter of animals without Anaesthetization before Exsanguinations is prohibited. A stunning under the given circumstances, such as an emergency slaughter is not possible or are you so the slaughter is compelling religious instructions or prohibitions of a legally recognised religious community opposed (ritual slaughter), so to make that unnecessary pain, suffering, injury or heavy fear are added to the animal.

(4) ritual slaughter may be carried only in a purpose and approved by the authority for this battle.

(5) ritual slaughter without prior stunning of slaughter animals may be made only if this is necessary on the basis of compelling religious instructions or prohibitions of a legally recognised religious community and the authority has granted an authorisation for slaughter without stunning. The authority shall only grant the authorisation to carry out the ritual slaughter, ensure, that



1. the ritual slaughter of people carried out, have this necessary knowledge and skills, 2. the ritual slaughter only in the presence of a veterinarian designated with ante-mortem and post-mortem inspection be carried out, 3 facilities are available, which ensure that animals intended for ritual slaughter as quickly as possible in a position necessary for slaughter can be brought , 4. the slaughter is such that the large blood vessels in the neck area with a cut opened, 5. the animals immediately after the opening of the blood vessels effectively are stunned, 6 immediately after cutting the anesthesia to take effect and 7 be brought only in the position provided animals for ritual slaughter, when the loading Tabor to perform of stunning is ready.

(6) the Federal Minister for health and women has to adopt detailed regulations about the killing or slaughter of animals according to the recognized State of scientific knowledge through regulation. He can ban specific killing or slaughter, depending on make of a permit, allow, or areas. He has in particular regulation



1. the requirements for slaughterhouses, 2. the movement and lairaging of animals in slaughterhouses, 3. the restraint of the animals before stunning, slaughter or killing, 4. the stunning, slaughter and killing of animals, 5. the bleeding of animals, 6 the slaughter or killing outside slaughterhouses in agreement with the Federal Minister of agriculture and forestry, environment and water management, 7 the requirements for slaughterhouses , where ritual slaughters are carried, 8 Professional killing food animals, 9 the Lebendhälterung of edible fish and 10 the nature and proof of the staff required knowledge and skills to meet.

3. main piece

Enforcement

Authorities




33. (1) unless expressly otherwise determined, is the district administrative authority having authority under this Federal Act.

(2) against decisions of the district administration authority in proceedings under this Act, appeals to the independent administrative panel of appeal in the country can be filed.

Participation of organs of public security



The organs of public security have section 34 (1) Nos. 1, 2, and 7, in conjunction with § 6 and § 8 on the enforcement of article 37 in conjunction with article 5, with the exception of paragraph 2



1. measures to prevent imminent administrative offences, 2.
Measures for the immediate termination of administrative offences, 3.
Measures that are required for the introduction and implementation of administrative penal proceedings, 4.
Measures the immediate command and coercive power in connection with § 36 and § 37 para 1 to participate.

(2) the bodies of the public security service have also to make the authorities over their request to ensure the exercise of the powers referred to in sections 35 to 39 in the context of their legitimate sphere of competence help under this Federal Act.

Regulatory monitoring



35. (1) the monitoring of compliance with the provisions of this Federal Act and the administrative acts that established responsibility of the authority.

(2) agricultural animal postures as well as farming, second sentence, and paragraph 4, sections 26, 27, 29 and 31 in accordance with § 25 para 1 to control, where the checks to carry out verifications are possible together with other laws or regulations by the authority, carry out of a risk analysis systematic sampling in place to comply with the provisions of this Federal Act and the administrative acts that founded.

(3) the Federal Minister for health and women has, in relation to farmed animals in agreement with the Federal Minister of agriculture and forestry, environment and water management, to adopt detailed provisions on the control, in particular the species covered by the controls and systems and the number of controls, to ensure compliance with the provisions of this Federal Act and the administrative acts that established by regulation.

(4) the authority shall be entitled at any time to check the animal attitudes and respect for animal husbandry prohibitions respecting of proportionality. Without prejudice to paragraph 2 and 3, the authority shall control the keeping of animals, if in regard to offences against animal protection legislation, that a court order or administrative penalty has been imposed, the concern of further offences against animal protection legislation. As well, the authority shall carry out a check, if such breach is suspected.

(5) the authority has to use that have adequate technical skills and competence for the control of such persons. The further is to set by regulation of the Federal Minister for health and women.

(6) notes the authority when a monitoring action not the provisions of this Federal Act or the regulations that founded or decisions according to be held that animals are to impose changes of farming or the equipment in which the animals are kept, or other measures to the pet owners that within a reasonable period of time a position corresponding to the objectives and other provisions of this Federal Act can be achieved.

(7) the Federal report duties Act, Federal Law Gazette I no. is 65/2002, with regard to the checks referred to in paragraph 2 to 6 also apply, as no community or international recording, notification or reporting requirements to meet, and with the proviso, that the Office of the Governor has to contact the State Government.

Enter duty of property, premises and means of transport,



The organs of the authorities responsible for the enforcement of this Act and experts drawn to, as well as the veterinary experts of the Commission of the European communities have section 36 (1) in accordance with the veterinary police precautions the law, real estate, facilities and to enter means of transport for the purpose of control (section 35) and to achieve access, if it does not voluntarily granted to them, while respecting the proportionality of the means employed. The same applies if reasonable suspicion arises that a violation of this federal law occurred. Is the person responsible for the animals, as far as the purposes are not affected, opportunity to give, to be present during the inspection.

(2) that you have designated the affected properties, facilities and means of transport to tolerate the exercise of the powers referred to in paragraph 1.

(3) the persons involved in the livestock sector have requested to furnish the necessary information. The provision of information shall not, unless the persons this yourself or an expose of the 1991, BGBl. No. 52, referred to people of the danger of prosecution; in § 38 of the Criminal Administration Act such reasons must be made credible.

Immediate compulsion



37. (1) the organs of the authority are obliged



1 perceived violations of sections 5 to 7 by direct regulatory command and coercive power to stop;

2. an animal that is found in a State, which can be expected, that the animal without immediate remedy will suffer from pain, suffering, injury or heavy fear, to remove the retainer, if not willing, or able, to remedy the situation.

(2) If this is necessary for the well-being of the animal, organs of the authority can take off persons violating §§ 5 to 7, animal. The organs of the authority are entitled, in animals that life continues with unrecoverable torment is connected to ensure a painless killing.

(3) section 30 applies accepted animals. The requirements for a proper attitude of the animal are created, two months after acceptance in accordance with paragraph 2 likely to it is to be returned. Otherwise is to look at the animal as forfeited.

4. main piece

Criminal and final provisions

Penal provisions



38. (1) if



1 animal violates article 5 adds to pain, suffering, injury or heavy fear an or 2 kills an animal contrary to article 6 or 3. an animal contrary to section 7 makes interventions or violates 4th against section 8 commits an administrative offence and is up to 7 500 euros by the authority with a fine to punish up to 15 000 euros in case of recurrence.

(2) in severe cases of animal cruelty is to impose a penalty of at least 2 000 euro.

(3) a person who violates section 2 or 39 or administrative acts against these provisions based except in the cases of paragraph 1 and 2 against the articles 9, 11 and 32, 36, commits an administrative offence and is up to 3 750 euros by the authority with a fine to punish up to 7 500 euros in case of recurrence.

(4) in accordance with para 1 to 3 is used to punish who condones it, that one of its supervisory or subordinate education offense incapable person contravenes this Act or the regulations adopted on the basis of this Federal Act or the instructions contained in the notification, although he could have prevented the crime.

(5) the attempt is punishable.

(6) the authority has for administrative offences pursuant to par. 3, provided that she not paragraph 1a of the administrative penal code 1991, BGBl. No. 52, going on according to § 21, without imposing a penalty refrain from further proceedings, if the fault of the accused is slightly and the consequences of violation for the well-being of the animals bred are insignificant. The authority to admonish the accused having regard to the unlawfulness of his behaviour with notice, unless this is necessary to deter the defendant from further offences of the same type. Under the conditions stated in this paragraph the investigative services pursuant to § 35 of the reimbursement of a display, can see if necessary after restoring legitimate State by the offending; they have the offender in such cases in an appropriate manner on the unlawfulness of his behaviour to draw attention.

(7) an administrative offence does not exist if an act referred to in paragraph 1 to 3 constitutes a criminal offence falling within the jurisdiction of the courts.

Prohibition of animal husbandry



39. (1) the authority may a person who at least once, or by the managing authority for violation of articles 5, more than once legally punished 6, 7 or 8 by the Court because of animal cruelty, which prohibit pets of all or certain species for a specific period of time or permanently, insofar as this is necessary with regard to the previous behaviour of the person concerned that is expected to prevent a cruelty to animals or a violation of §§ 5, 6, 7 or 8 in the future. This applies in the same way, if the punishment only due to lack of sanity is there have been no.


(2) the authority can only threaten a ban if this is expected to be sufficient to keep that person in the future from a cruelty to animals or a violation of §§ 5, 6, 7 or 8.

(3) an animal contrary to a prohibition is held pursuant to paragraph 1, so it has the authority without previous procedures to take off and to ensure its provisional custody and care. She has to say also the forfeiture of the animal.

(4) the courts shall have to put the locally competent according to the place of residence of the offender district administration authority of res judicata convictions in accordance with § 222 StGB in knowledge. The setting of proceedings on suspicion of violating § 222 StGB have the locally competent district administrative authority then to inform the courts and the public prosecutor's Office, the suspicion of a breach of administrative rules on animal protection.

Foreclosure



Items that were used for the violation of this Federal Act or an Ordinance issued on the basis of this Federal Act, and animals on which the criminal behavior has involved are § 40. (1) without prejudice to article 39, paragraph 3 to explain when to expect is that the offender will continue his criminal behavior or repeat revoked.

(2) a for animal declared forfeited is to put in accordance with the statutory provisions in freedom or to pass that offer the guarantee of a position corresponding to this federal law to such associations, institutions or individuals. All this is not possible, the animal can be killed painlessly.

(3) the previous holder has to replace the agency costs by the preliminary detention, as well as the cost of killing. The authority has obtained proceeds to follow the previous owners, after deduction of the costs spent on the animal.

Animal protection Ombudsman



41. (1) each country has to order an animal protection Ombudsman to the Federal Minister for health and women.

(2) to the animal protection Ombudsman only persons can be ordered with a degree in veterinary medicine, zoology or agricultural sciences or a similar education and have an additional training in the field of animal protection. The term of Office of the animal protection Ombudsman shall be five years; Re-appointment is permissible.

(3) the animal protection Ombudsman has the task of representing the interests of animal welfare.

(4) the animal protection Ombudsman has under this Federal Act party position in administrative procedures. He is entitled to inspect the records of all proceedings and to obtain all relevant information. The authorities have the animal protection Ombudsman in the exercise of his Office to support.

(5) (constitutional provision) in performance of his duties, the animal protection Ombudsman is subject to any instructions.

(6) the animal protection Ombudsman has to tell the Government about his activities.

(7) the animal protection Ombudsman may exercise any activities during his term of Office, which are incompatible or with his obligations to cause the appearance of bias.

(8) the term of Office of the animal protection Ombudsman ends by the expiry of the order, by waiver or justified dismissal.

Animal welfare Council, animal welfare report



42. (1) at the Federal Ministry for health and women is an animal protection Council (hereafter: Council) set up.

(2) the Council have as members to belong to:



1. a representative of the Federal Ministry for health and women, 2. a representative of the Federal Ministry of agriculture and forestry, environment and water management, 3 a per country designated animal protection Ombudsman, 4. each representative of the Austrian Federal Economic Chamber, the Federal Chamber of labour, the Conference of Presidents of the Chambers of agriculture and the Austrian Veterinary Association, 5. a representative of the University of veterinary medicine, 6 a representative of the Universität für Bodenkultur, 7 one of the universities , where the subject of Zoology in science and teaching is represented, designated agents, 8 a representative of the Austrian Zoo organization, 9 a representative of the Association of animal protection societies of in Austria.

(3) the representatives be made designating the Federal Minister for health and women. A Deputy is designated to make for each Member of the animal protection Council, which has to represent the Member in his absence.

(4) the Federal Minister for health and women Nos. 5 and 6 shall designate a Chairman and his deputy from the district under paragraph 2 referred representatives. The presence of more than half of the members and the absolute majority of the votes is required for a decision of the Council. The Council to adopt rules of procedure. If necessary, experts who do not belong to the Council can be consulted for consultations.

(5) the activity of the Council is voluntary. Any travel costs are the highest level of fees the travel fees regulations the members of the Council or their deputies or any experts after 1955, BGBl. No. 133, to replace.

(6) to the support of the Chairman, an Office of the Council to set up is in the Federal Ministry for health and women.

(7) the tasks of the animal protection Council include:



1. advice of the Federal Minister for health and women in questions of animal welfare, 2. create opinions on draft regulations on the basis of this Federal Act, 3. development of policies that are necessary for a consistent enforcement of this federal law in the countries, 4. Replying to questions and formulation of recommendations arising from the implementation of this federal law, 5. evaluation of the implementation of this federal law, as well as elaboration of proposals for improving implementation of the , 6 creation of a report to be published in the framework of the veterinary annual report on the activities of the animal protection Council.

(8) the organs of the countries are obliged to provide all information necessary to the performance of its tasks the Council upon request.

(9) by the Federal Minister for health and women opinions in accordance with para 7 can be published Z 3 after hearing of the animal protection Council in the official veterinary news Z 2 and guidelines referred to in paragraph 7.

(10) the Federal Minister for health and women shall after referral of the animal protection Council every two years submit a welfare report the National Council.

References, personal names



43. (1) where other federal legislation is referenced in this federal law provisions, is to understand this as a reference to the current version.

(2) all personal names used in this federal law apply equally to persons of both male and female sex.

Entry into force and transitional provisions



44. (1) this federal law January 1, 2005, but not before the expiration of the day of its publication in the Gazette, into force.

(2) at the same time you step on the field of animal protection, except for the matters described in section 3, subsection 4, existing State regulations override.

(3) to the in force time when (para 1) according to the previous rules pending cases are to complete the so far competent authorities according to the provisions of this Federal Act.

(4) the new construction of facilities or keeping facilities is permitted only in accordance with this Federal Act and the regulations be established. The requirements of this Act and the regulations adopted on the basis of which apply to when this Federal Act in force existing facilities or keeping facilities, as far as



1 2. Furthermore beyond the structural measures on parts affected by these requirements of the system or keeping facilities to be performed or compliance without structural measures that go beyond the repair or the replacement of individual elements is possible.

As far as this is necessary for the implementation of legal acts within the framework of the European Union, the necessary arrangements are in the regulations made pursuant to section 24.

(5) by way of derogation from paragraph 4, second sentence, the this Federal Act and the regulations adopted on the basis of requirements for



1. zoos (section 26) at least from 1 January 2015;

2. animal shelters (section 29) as well as the keeping of animals in commercial activities (§ 31) at least from 1 January 2010;

3. livestock are no. 2, not zoos, animal shelters, or commercial farming in accordance with § 24 para 1, anyway, from 1 January 2006;

4. equipment and keeping facilities for keeping a) of cattle and poultry, without prejudice to the regulation for the cage keeping laying hens (§ 18 para 3), at least from January 1, 2012, b) of pigs anyway, as of January 1, 2013, as far as these plants and keeping facilities but conform to the requirements of the agreement on the protection of farm animals to the in force time when (para. 1) in the Landwirtschaft1 or the national requirements , anyway, with January 1, 2020.

5. equipment and keeping facilities for keeping other animals in accordance with § 24 para 1 subpara 1 in accordance with the regulations.


(6) the requirements of § 16 para 4 to the possibility of movement from 1 January 2010 relating to the allocation of grazing and from January 1, 2012, with regard to the granting of suitable outlet for the in force time when (para 1) existing facilities or keeping facilities.

(7) notices that on the basis of the existing rules were adopted and will be legally binding, the following applies:



1. the notices remain, unless the following else is determined, upright.

2. who is adversely affected by an administrative decision, which corresponds to the provisions of this Federal Act, or the regulations issued on the basis thereof, may apply the decision of the authority according to the present legal situation. This does not apply to cases.

(8) for animals, considered lawful according to the previous provisions whose keeping is however prohibited by this federal law, the authority may grant a permit (article 23), if this corresponds better to the well-being of the animal.

(9) requests for permits and ads that are required under this Federal Act, are to submit within one year after the in force time when laid down in paragraph 1. The application or the display in time brought, the activity or condition to which the authorisation or notification obligation relates, is lawful until a contrary administrative decision.

(10) the authorisation or notification obligation or prohibition stance (para 8), resulting in a regulation under this federal law, to the foregoing with the proviso that the entry in force of the relevant regulation takes the place of the entry of into force of this Federal Act shall apply.

(11) the caregivers or other knowledgeable persons in farming in accordance with §§ 7 para 3, 11, 25 para 1 second sentence and paragraph 4, 26, 27, 28, 29 and 31 must at the latest with January 1, 2008 about the necessary qualifications and have the necessary knowledge and professional skills (§ 14).

(12) the regulation in accordance with § 24 para 3 has provided that all for dogs held in Germany and cats within a year after their force are to be marked.

Preparation of enforcement



§ Must be enacted already 45. on the basis of this Federal Act as amended from the day following the announcement of the Federal Act to be conducted; they may not however into force prior to the required legal provisions. Implementing measures are required for an execution beginning with the entry in force of the new federal regulations, can be used from same day.

Implementation note



§ 46. This federal law is the implementation of the following legal acts of the European Community:



1. Directive 91/629/EEC laying down minimum standards for the protection of calves OJ No. L 340 of 11.12.1991 p. 28, as amended by Directive 97/2/EC, OJ No. L 25 of the 28.01.1997 p. 24, decision 97/182/EC, OJ No. L 76 of the 18.03.1997 p. 30 and of Regulation (EC) No. 806/2003, OJ No. L 122 of the 16.05.2003 p.1, 2. Directive 91/630/EEC laying down minimum standards for the protection of pigs, OJ No. L 340 of 11.12.1991 p. 33, as amended by Directive 2001/88/EC, OJ No. L 316 of the 01.12.2001-IFO p. 1, Directive 2001/93/EC, OJ No. L 316 of the 01.12.2001-IFO pages 36 to Regulation (EC) No. 806/2003, OJ No. L 122 of the 16.05.2003 p.1, 3. Directive 93/119/EC on the protection of animals at the time of slaughter or killing, OJ No. L 340 of the unitholders S. 21, as amended by Regulation (EC) No. 806/2003, OJ No. L 122 of the 16.05.2003 p.1, 4. Directive 98/58/EC on the protection of farmed animals, OJ No. L 221 of the 08.08.1998 S. 23, as amended by Regulation (EC) No. 806/2003, OJ No. L 122 of the 16.05.2003 p.1, 5. Directive 1999/22/EC concerning the keeping of wild animals in zoos, OJ No. L 94 of the 09.04.1999 p. 24, 6. Directive 1999/74/EC laying down minimum standards for the protection of laying hens, OJ No. L 203 of the 03.08.1999 p. 53, as amended by Regulation (EC) No. 806/2003, OJ No. L 122 of the 16.05.2003 p.1.

Notification



§ 47. This federal law was in compliance with the provisions of Directive 98/34/EC establishing an information procedure in the field of technical standards and regulations, OJ No. L 204 of the 21.07.1998 p. 37, as amended by Directive 98/48/EC, OJ No. L 217 of the 05.08.1998, p. 18, shall notify.

Enforcement clause



section 48. With the enforcement of this Act are



1. with regard to § 18 para 3 subpara 1 lit. b the Federal Government, 2. in terms of section 34 of the Federal Minister of the Interior, 3. with regard to section 39 paragraph 4 of the Federal Minister of Justice, 4. with regard to paragraphs 43 to 45 the Federal Minister competent in accordance with Nos. 2, 3 and 5, 5th in the rest of the Federal Minister for health and women, å) in terms of § 5 para 3 Z 4 and paragraph 4 No. 2 in agreement with the Federal Minister of the Interior and the Federal Minister of national defence , b) in terms of section 31 in agreement with the Federal Minister of economy and work, as well as c) in terms of section 24 para 1 subpara 1, as well as in relation to farmed animals in terms of § § 1 of up 23, 32 para 4 entrusted Z 6, 33 and 35 to 40 in agreement with the Federal Minister of agriculture and forestry, environment and water management,.

Article 3

Change of the Gewerbeordnung 1994

The GewO 1994, BGBl. No. 194, as last amended by Federal Law Gazette I no. 48/2003, as well as the proclamations of the municipality Federal Law Gazette I no. 109/2003 and Federal Law Gazette I no. 49/2004, is amended as follows:

1. Article 70a is eliminated.

15 the following paragraph is added to § 2. 382:



"(15) section 70a is no. 118/2004 in the Federal Law Gazette, except for power at the end of December 31, 2004, but not before the expiry of the day of the announcement of the Federal Act Federal Law Gazette I."

Article 4

Amendment of the Federal Ministry of law 1986

1986 law of Ministry of, BGBl. No. 76, as amended by Federal Law Gazette No. 78/1987, Federal Law Gazette No. 287/1987, Federal Law Gazette No. 45/1991, BGBl. No. 419/1992, BGBl. No. 25 / 1993, BGBl. 256/1993, Federal Law Gazette No. 550/1994, Federal Law Gazette No. No. 1105/1994, BGBl. 522/1995, Federal Law Gazette No. 820/1995, Federal Law Gazette No. No. 201/1996, Federal Law Gazette I no. 21/1997, BGBl. I no. 113/1997 , BGBl. I no. 10/1999, BGBl. I no. 16/2000, Federal Law Gazette I no. 141/2000, Federal Law Gazette I no. 87/2001, Federal Law Gazette I no. 87/2002 and Federal Law Gazette I no. 17/2003 is amended as follows:

1. § 17 16 the following paragraph is added:



"(16) section A-Z 17 and section E Z 2 of part 2 of the annex to article 2 as amended by Federal Law Gazette I no. 118/2004 with 1 January 2005, but not before the expiry of the day of the announcement of the Federal Act in the Federal Law Gazette, enter into force. "At the same time Z appear to section 23 and section J Z 17 of part 2 of the annex section 2 except force."

2. section A-Z 17 of part 2 of the annex to article 2 is omitted.

3. in section E, the last minor offence is no. 2 of part 2 of the annex to article 2:



"General matters of animal welfare."

4. section I Z 17 of part 2 of the annex to article 2 allocated Z 23, and section J.

Klestil

Bowl

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