83. Federal Act, by which the Plant Protection Act 1995, the Plant Protection Act 1997, the Seed Law 1997, the Wine Act 1999 and the Health and Nutrition Security Act-GESG are amended, with which a federal law on the Federal Office for Agriculture and the Federal Institutes of Agriculture (Bundesanstalten), with which a Federal Research and Training Centre for Forest, Natural Hazas and Landscape is established as an institution of public law and the Federal Office of Forest is set up-BFWG, and with which the Forest Act 1975 will be amended (Agricultural Law Amendment 2004)

The National Council has decided:

table of contents

Item	Subject matter
1	Amendment of the Plant Protection Act 1995
2	Amendment of the Plant Protection Products Act 1997
3	Amendment of the 1997 seed law
4	Amendment of the Wine Act 1999
5	Amendment of the Health and Food Safety Act-GESG
6	Federal Act on the Federal Offices for Agriculture and the Agricultural
	Federal Authorities
7	Federal Law, with which a federal research and training centre for forests,
	Natural hazards and landscape erected as an institution of public law and the Federal Office for
	Forest set up-BFWG
8	Amendment of the Forest Act 1975

Article 1

Amendment of the Plant Protection Act 1995

The Plant Protection Act 1995, BGBl. N ° 532, as last amended by the Federal Law BGBl. I No 78/2003, shall be amended as follows:

1. § 5 (5) reads:

" (5) The control bodies shall be entitled, in each generation and marketing phase during the business and operating hours, at other times in the event of danger in default-all for the control of compliance with the provisions of this Federal Law to carry out relevant investigations, including with regard to the plant passport system and the accounts, to enter the relevant land, buildings and means of transport, as well as for free samples of all plants to be tested, Plant products and other objects, including their packaging, in accordance with Section 5a in the im for the Take the necessary measures to determine the extent of sampling. If the business or business owner or his deputy or his representative refuses to tolerate the act of office, he or she may be forced to do so. In such cases, the bodies of the Public Security Service shall provide assistance to the control bodies, at their request, to ensure the exercise of the supervisory powers within the framework of their legal action. "

(2) The following § 5a and heading is inserted:

" Sampling

§ 5a. (1) The sample taken is, in so far as the operation so requires, and where this is possible in the nature of the sample to be taken and as a result not its proper assessment in the examination and assessment is foiled, in two approximately equal parts. Part of the investigation must be carried out to allow part of the operation to be officially closed as a counter-sample for evidence purposes. The holding is responsible for the proper storage of the countersample.

(2) If a division of the sample taken from its nature is not possible, the sample shall be supplied without prior division of the examination. If the holding requires a counter-sample and the same units of the object are still present, then a further unit must be taken out and the operation shall be officially closed off as a counter-sample. The holding is responsible for the proper storage of the countersample.

(3) If measures have already been taken in accordance with the relevant European Community legislation in the field of plant health in the case of a confirmed sample, the countersample shall not have any discharge effect in this respect.

(4) On the occasion of sampling, a copy shall be produced by the control body and the sample drawn for the examination and evaluation shall be annexed. A copy of the minutes shall be followed up to the holding. "

3. In § 36 (1) the following Z 29 and 30 shall be inserted:

" 29.		of a regulation adopted pursuant to Article 16 (1) (1) of this Regulation;
30.		of a regulation adopted pursuant to section 40 (6) of this Regulation, "

4. In § 40 (6), the second sentence reads:

" The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular with regard to the implementation of European Community legislation, has adopted implementing rules concerning such broadcasts from third countries , and to communicate the measures taken by the Commission and the other Member States as a central authority. "

Article 2

Amendment of the Plant Protection Products Act 1997

The Plant Protection Products Act 1997, BGBl. I n ° 60, as last amended by the Federal Law BGBl. I No 110/2002, will be amended as follows:

1. § 3 (4) reads:

" (4) Anyone who intends to place on the market in Austria for commercial purposes plant protection products authorised in the first distribution stage in accordance with § 12 (10) has this prior to commencing the activity to the Federal Office for Food Safety (Bundesamt für Food Security), with the announcement of the Labelling of the plant protection products and their address or, where appropriate, the registered office of the plant and, where appropriate, proof of the right to be brought into circulation (reporting requirements). The reporting obligation shall be subject to the reporting requirements in accordance with § 25. The placing of plant protection products on the market shall be inadmissible if there are reasonable grounds for suspecting that conformity with the legislation of the European Union, in particular Annex I to Directive 91 /414/EEC, is not given, or to Fee for registration in the register of plant protection products has not been paid. "

2. In Section 12 (9), the phrase "in agreement with the Federal Minister for Social Security and Generations" through the phrase "in agreement with the Federal Minister for Health and Women" replaced.

3. § 18 (3) reads:

"(3) If no other period has been fixed or the sale has not been prohibited in the communication, the time limit for the sale of the plant protection products already placed on the market shall be one year."

4. § 20 (1) (8) and (9) are:

" 8.		the labelling requirements laid down in Directive 1999 /45/EC of 31 May 1999 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ L 346, 31.12.1999, p. No. OJ L 200, 30 July 1999, p. 1),
9.		the standard sets of special hazards and safety instructions for plant protection products set out in Annexes IV and V to Directive 91 /414/EEC, as amended by Directive 2003 /82/EC of 11 September 2003 (OJ L 139, 30.4.2003, p. No. OJ L 228, 12 September 2003, p. 11),

5. In § 20 (1), Z 10 and 11 are deleted.

6. § 23 together with the title shall be deleted.

7. § 26 (2) (2) and (3) are:

" 2.		the proposed labelling requirements laid down in Directive 1999 /45/EC of 31 May 1999 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ L 327, 31.12.1999, p. No. OJ L 200, 30 July 1999, p. 1),
3.		the intended extent and location of the test areas, "

8. In § 26 (2), the Z 4 to 6 will be deleted and the previous Z 7 and 8 will be given the names "4" and "5" .

9. § 31 (3) reads:

" (3) The Federal Office for Food Security shall immediately request the determination of the completeness of the particulars and documents in accordance with Article 6 (3) of Directive 91/414/EEC, after the applicant of the request for transmission has met. "

10. In § 32 (3), the Z 4 is deleted; the previous Z 5 and 6 are given the names "4" and "5" .

11. § 37 (11) the following paragraph 12 is added:

" (12) For plant protection products, which are at the time of the entry into force of the Federal Law BGBl. I n ° 83/2004 is already placed on the market pursuant to § 3 (4), first sentence, the proof of the lawful in-traffic Bringens is to be provided within one year from this date, otherwise the notification shall be issued. Plant protection products within the meaning of Section 3 (4), third sentence, which are at the time of the entry into force of the Federal Law BGBl. I No 83/2004, but which do not comply with these requirements, may be placed on the register of plant protection products in accordance with the conditions laid down at the time of registration of the inadmissibility of placing on the market in the territory of the country demonstrably existing stockpiles are sold off. Section 18 (3) shall apply mutasensitily. "

Article 40 (1) (1) and (2) reads as follows:

" 1.		the regulation to be adopted in accordance with section 12 (9), in agreement with the Federal Minister for Health and Women,
2.		the regulations to be adopted pursuant to § 20 (5), section 21 (2) and section 27 (9), in agreement with the Federal Minister for Economic Affairs and Labour, "

13. In § 40 (1), the Z 3 is deleted and the previous Z 4 and 5 are given the names "3" and "4" .

Article 3

Amendment of the 1997 seed law

The Seed Act 1997, BGBl. I n ° 72, as last amended by the Federal Law BGBl. I No 110/2002, will be amended as follows:

1. § 3 of the Content Summary is:

"§ 3 Responsibility"

2. § § 25 to 27 of the Content Summary are:

" § 25 Seed Mixtures

§ 26 Components of seed mixtures

Section 27 Seed mixtures for agricultural purposes "

§ 1 (1) (1) (1) to (7) reads:

" 1.		Directive 66 /401/EEC on the marketing of fodder plant seed (OJ L 103, 25.4.1979, p. No. OJ L 125, 11.7.1966, p. 2298),
2.		Directive 66 /402/EEC on the marketing of cereal seed (OJ L 103, 25.4.1979, p. No. OJ L 125, 11.7.1966, p. 2309),
3.		Directive 2002/53/EC on a common catalogue of varieties of agricultural plant species (OJ L 201, 31.7.2002, p. No. OJ L 193, 20.7.2002, p.1),
4.		Directive 2002/54/EC on the marketing of beet seed (OJ L 108, 25.4.2002, p. No. OJ L 193, 20.7.2002, p.12),
5.		Directive 2002/55/EC on the marketing of vegetable seed (OJ L 108, 25.4.2002, p. No. OJ L 193, 20.7.2002, p.33),
6.		Directive 2002/56/EC on the marketing of seed potatoes (OJ L 108, 27.4.2002, p. No. OJ L 193, 20.7.2002, p.60),
7.		Directive 2002/57/EC on the marketing of seed of oil and fibre plants (OJ L 201, 31.7.2002, p. No. OJ L 193, 20.7.2002, p. 74) and "

4. § 2 para. 1 Z 28 reads:

" 28.		"genetically modified varieties" means varieties which genetically modified organisms within the meaning of Directive 2001 /18/EC on the deliberate release into the environment of genetically modified organisms and repealing Directive 90 /220/EEC (OJ L 134, 30.4.2001, p. No. OJ L 106, 17.4.2001, p.

5. § 2 para. 1 Z 29 reads:

" 29.		"genetically modified seed": seeds of genetically modified organisms; "

§ § 2 (1) Z 32 and 33, 10 (2) Z 10, 18 (1) Z 1 lit. e, 19 (1) Z 6 and (2), second sentence, 28 (4), 29 (7), 46 (3) and (4) and 52 (2) (2) (8) shall be deleted; Section 46 (5) shall be replaced by the sales designation "(3)" .

7. § 3 together with headline reads:

" Jurisdiction

§ 3. The authority responsible under this federal law is the Federal Office for Food Security. "

8. § 5 (6) reads:

" (6) The placing on the market and the authorisation of genetically modified seeds and genetically modified varieties shall be carried out in accordance with the provisions of the European Community, in particular Directive 2001 /18/EC, on the basis of genetic engineering. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has laid down rules for the implementation and implementation of European Community legislation in the field of genetically modified organisms (genetically modified organisms). Seed and genetically modified varieties shall be established. "

9. § 7 Z 3 reads:

" 3.		it as
a)			commercial seed, experimental seed or sowing seed is approved,
b)			Seed mixture meets the requirements of § § 25 to 27, "

10. § 7 Z 7 reads:

" 7.		it may be introduced in accordance with § 32 or § 33, or "

Section 9 (2) is added to the following paragraph 3:

" (3) Traceability of genetically modified seed shall be ensured at all stages of production, processing and distribution. For the purpose of traceability, the documents relating to the control must be carried out via suppliers and purchasers. "

12. In § 15 (1) (10), the point shall be replaced by a supplement and the following Z 11 shall be added:

" 11.		in the case of seed mixtures for agricultural purposes, information relating to the purpose of use and use. "

Section 21 (1) reads as follows:

" (1) If the examination of the field stock is carried out by a seed recognition authority abroad, it may only be accepted if the examination of the field inventory has shown that the field population meets the requirements laid down in the methods "

14. § 25 together with the title is:

" Seed Mixtures

§ 25. (1) Any seed mixture intended for use in agriculture, intended for use outside agriculture or for the conservation of plant genetic resources, shall be produced, bottled or processed for the first time, or Once again placed on the market, the Authority shall inform the Authority:

1.		the composition of the seed mixture in terms of weight of the individual components by type and variety;
2.		the name of the seed mixture;
3.		the intended use, in the case of seed mixtures for use in agriculture, also for the purpose of use and
4.		the control, reference or reference number.

(2) Seed mixtures containing seed, the recognition or approval of which shall be carried out at different dates or which may be placed on the market as standard seed shall only be permitted until the shortest of the seeds for their individual components shall be established.

(3) Seed mixtures which contain only seed of oil and fibre plants, beet or vegetable species shall not be produced.

(4) The Federal Office for Food Safety shall have a list of the notified seed mixtures. "

15. § 26 together with headline reads:

" Components of seed mixtures

§ 26. (1) Seeds of the components of seed mixtures of species listed in the species list shall comply with the requirements laid down in the methods and shall be subject to prior mixing

1.		be recognised,
2.		be approved as a trade or a treatment seed, or
3.		comply with the requirements of standard seed or plant genetic resources.

(2) The varieties of the individual components must be:

1.		be approved in accordance with § 46, or
2.		be registered in one of the Joint Plant Variety catalogues and shall not be subject to any traffic restrictions under Community law. "

16. § 27 together with the headline is:

" Seed mixtures for use in agriculture

§ 27. (1) The production, bottling or processing of seed mixtures for other purposes and for the initial or re-closed placing of seed mixtures for purposes of use in agriculture presupposeth:

1.		the use of mixing equipment to ensure that the final mixture is homogeneous,
2.		appropriate procedures for all mixing operations,
3.		the name of a responsible officer responsible for the mixing operations; and
4.		the guidance of a batch-related mixing register.

(2) The production of seed mixtures for purposes of use in agriculture is, moreover, only permitted if the growth of seed mixtures is not

1.		for the use of fodder other than the use of the grain, and the mixture contains only seeds of cereals, fodder plants or oil and fibre plants, but not seeds of grass varieties where the growth is not intended for use as fodder plant and does not contain seed of varieties of grass not registered in the list of varieties which are identified in the Common Catalogue of varieties as "not intended for use in feed"; or
2.		is intended for the use of grain, and the seed mixture contains only seeds of cereals or legumes of agricultural species, or
3.		is intended for green fertilising, and the seed mixture contains only seeds of cereals, fodder plants or oil and fibre plants.

(3) Seed mixtures for use in agriculture may only be labelled as seed mixtures in accordance with the requirements for mixing frames set out in the methods, if the examination of the compound instruction has shown that: that the seed mixture is suitable for the intended use and corresponds to the duration of the use. "

17. § 33 (4) reads:

"(4) Seed mixtures may be introduced if they comply with the requirements of § § 25 to 27, Community law is not contrary to that and an import certificate is available."

18. In § 41 (1) (6), the point shall be replaced by an accoration and the following Z 7 shall be added:

" 7.		otherwise, to examine the requirements for seed laid down in this Federal Act and the regulations based on it. "

Section 65 (2) Z 6 reads as follows:

" 6.		in the case of a genetically modified variety, the information on the genetic construct. "

20. In § 69, the sales denomination "(1)" and paragraph 2.

21. § 71 (1) Z 1 lit. l is:

" l)			§ 5 (6) of genetically modified seed shall be placed on the market, "

22. § 71 para. 1 Z 2 lit. f is:

" f)			§ 14 Seeds which do not comply with the requirements laid down in the methods shall be placed on the market, "

23. In § 79 Z 1 lit. b becomes the phrase "Federal Minister for Economic Affairs" through the phrase "Federal Minister for Transport, Innovation and Technology" replaced.

Article 4

Amendment of the Wine Act 1999

The Wine Act 1999, BGBl. I n ° 141, as last amended by the Federal Law BGBl. I n ° 3/2004, shall be amended as follows:

1. § 4 (2) last sentence is deleted.

2. In Section 10 (6), the phrase "corresponds to the designation of the name of a wine-growing area pursuant to section 21 (3)," through the phrase "is the name of a geographical indication according to § 21," replaced.

3. § 35 (1) the following sentence is added:

"In the event of repeated infringement of this obligation, the whole quantity of the harvest of the last year of the year concerned may be placed on the market only as a table wine."

4. § 42 (3) the following sentences are added:

"An fruit-wine-containing drink is to be called the" fruit-wine-containing drink ". This designation of transport may be replaced by one of the sales designations 'fruit must (fruit wine, must)' or ' g 'sprawled fruit must (fruit wine, must) if the beverage consists of at least 50% fruit wine and water and carbonic acid. The term "aerated with carbon dioxide" shall be indicated. "

5. In § 52 (2), after the phrase "provided that in these wine treatment products" the phrase "or installations used for wine treatments or oenological practices" inserted.

6. In Section 55 (5), after the phrase "and wine treatment products" the phrase "as well as installations for wine treatment or oenological practices" inserted.

7. § 63 (1) reads:

" (1) In the case of a conviction pursuant to section 62 (1) to (3), the products constituting the object of the offence shall be drawn in. In the case of a conviction for the concentration of wine, the concentration facility shall also be drawn up. "

8. In § 66 (1) Z 3, after the phrase "on the basis of a Regulation" the phrase "Article 33 of the Regulation on the forms or those laid down in a Regulation" inserted.

9. In § 67 (1), after the word order "and the substances according to § 38" the phrase "as well as plants for wine treatment or oenological practices" inserted.

10. The turning point in Appendix 2 " , gluconic acid " .

Article 5

Amendment of the Health and Food Safety Act-GESG

The Health and Nutrition Security Act-GESG, BGBl. I No 63/2002, as last amended by the Federal Law Gazette (BGBl). I No 78/2003, shall be amended as follows:

1. § 12 (7) the following sentence is added:

"However, amounts according to paragraph 5, which are remunerated on the basis of the transfer of further tasks pursuant to § 19 paragraph 2, are to be borne entirely by the Federal Ministry for Agriculture, Forestry, Environment and Water Management."

2. § 19 the following paragraph 17 is added:

" (17) The investigation and evaluation of samples taken in accordance with the provisions of the Plant Protection Basic Law, BGBl. No 140/1999, phytosanitary laws adopted by the countries in official sampling and submitted to the Agency for examination and evaluation shall be deemed to be an official declaration within the meaning of Article 2 (1) (1) (1). (i) 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 200, 30.7.2000, p. No. OJ L 169 of 10 July 2000, p. 1).

Article 6

Federal Act on the Federal Offices for Agriculture and the Agricultural Federal Institutes

I. TEIL

Scope and general provisions

Federal Offices for Agriculture

§ 1. Federal Offices for Agriculture within the meaning of this Federal Law are

1.		the Higher Federal Institute of Teachers and the Federal Office of Wine and Fruit Construction (§ 13) and
2.		the Federal Office for Viticulture (§ 14).

Agricultural Federal Authorities

§ 2. (1) Landwirtschaftliche Bundesanstalten within the meaning of this Federal Law are:

1.		the Federal Institute for Agricultural Economics (§ 16);
2.		the Höhere Bundeslehr-und Forschungsanstalt für Landwirtschaft Raumberg-Gumpenstein (§ 17);
3.		the Bundesanstalt für alpenländische Milchwirtschaft (§ 18);
4.		the Bundesanstalt für Bergbauernfragen (§ 19);
5.		the Higher Federal Lehr and Research Institute for Agriculture, Agricultural Engineering and Food Technology Francisco Josephinum in Wieselburg (§ 20);
6.		the Höhere Bundeslehr-und Forschungsanstalt für Gartenbau Schönbrunn (§ 21).

(2) For the federal institutions referred to in paragraph 1 (2), (2), (5) and (6) and (1) (1) (1), this Federal Act shall apply only to the extent that federal regulations do not conflict with matters relating to the school system.

Legal status of the Federal Offices for Agriculture and the Agricultural Federal Institutes

§ 3. (1) The Federal Offices for Agriculture and the Agricultural Federal Institutes are under the responsibility of the Federal Ministry for Agriculture, Forestry, the Environment and Water Management.

(2) The Federal Offices for Agriculture and the Agricultural Federal Institutions provide their services to third parties, unless otherwise stipulated by law, for the Federal Government as a carrier of private rights.

(3) The Federal Offices for Agriculture shall also be responsible, provided that they are assigned sovereign tasks by other laws.

Tasks of the Federal Offices for Agriculture and the Agricultural Federal Institutes

§ 4. (1) The tasks in the field of activity of the Federal Offices for Agriculture and the Agricultural Federal Authorities are to be carried out in the II and III. Part of the text. The general tasks are, in particular, the following:

1.		the scientific investigation, development, collection, documentation and evidence of findings and data using modern information technology;
2.		the development, testing and improvement of methods, procedures, testing facilities, machinery, equipment and materials;
3.		information activities, in particular the creation of information resources, technical statistics, planning documents and the publication of work results, other contributions and educational material;
4.		the transfer of knowledge, in particular in the context of courses, seminars, other events of its own and foreign, and the provision of advice;
5.		Participation in specialised advisory boards and similar institutions;
6.		the care of domestic and international contacts for technical cooperation and through exchange of experience and publications.

(2) The certificates of the Federal Offices for Agriculture and the Agricultural Federal Institutes within the scope of their sphere of action are public documents. Course participants will be able to issue a confirmation of the type of course you have visited and about a possible course success.

(3) Provided that it allows the fulfilment of the technical tasks for the sphere of action of the Federal Minister for Agriculture, Forestry, Environment and Water Management, the Federal Offices for Agriculture and the Agricultural Federal Authorities may also to other bodies of regional or local authorities and other legal and natural persons, within the scope of their duties, to provide services in accordance with § 11. Priority should be given to services for local authorities and other services in the public interest.

Organisation of the Federal Offices for Agriculture and the Agricultural Federal Institutes

§ 5. (1) The Federal Offices for Agriculture are divided into the Directorate, the Institutes and the required number of departments, which can be subdivided into units if the independent processing of sub-areas of a subject area is appropriate.

(2) The agricultural federal institutions are divided into the directorate and the required number of departments, which can be subdivided into units, if the independent processing of sub-areas of a subject area is appropriate.

(3) The management of both bodies shall be responsible for assisting the Head, in particular in administrative matters. It is the responsibility of the institutes to carry out professional duties and the administrative tasks assigned to them in the division of business. The departments are responsible for the processing of specialist areas.

(4) If it is appropriate to fulfil the tasks of an agricultural federal institution, several departments of a technical field of responsibility can be combined to form an institute.

(5) Where necessary for the performance of the duties of a Federal Office of Agriculture or of an agricultural federal institute, test stations, test plants and other facilities may be created.

(6) Organization units may also be located outside the seat of a Federal Office of Agriculture or an agricultural federal institute.

(7) The Federal Offices for Agriculture and the Federal Agricultural Offices shall be equipped with scientific, technical, administrative and auxiliary staff.

(8) The scientific and administrative management of a Federal Office of Agriculture is responsible for its director. The scientific and administrative management of an agricultural federal institute is the responsibility of its managers. At the Directorate of the Higher Bundeslehr-und Forschungsanstalt für Landwirtschaft Raumberg-Gumpenstein und der Höheren Bundeslehr-und Forschungsanstalt für Landwirtschaft, Landtechnik und Lebensmitteltechnologie Francisco Josephinum in Wieselburg ist to support the Head of a Head of Research and Innovation.

(9) The procurement law, BGBl, shall apply to the appointment of the directors of the Federal Offices for Agriculture and the heads of the agricultural federal institutions. No 85/1989, as amended. Their permanent deputies, the heads of the Institutes of the Federal Offices for Agriculture and the Agricultural Federal Institutes and the heads for research and innovation are from the Federal Minister for Agriculture, Forestry, Environment and Water management. The heads of the departments and units are appointed by the Director of a Federal Office of Agriculture or by the Head of an Agricultural Federal Institute after approval by the Federal Minister for Agriculture, Forestry, Environment and Water Management ordered.

(10) In order to represent the Federal Government with regard to third parties, the Director, the Director, his deputy and the staff of the Federal Offices, expressly authorized by the Director or the Head of the Head of the Federal Office in accordance with the provisions of the Rules of Procedure, shall be responsible for Agriculture or an agricultural federal institute.

Division of business and personnel

§ 6. (1) In the division of business and personnel, the organisational units must be established and their tasks and the assignment of staff members to the organisational units should be defined.

(2) The division of business and personnel shall be issued by the director of a federal office for agriculture or by the head of an agricultural federal institute. The number of institutes and departments and their areas of activity is determined by the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

Rules of

§ 7. (1) The Rules of Procedure have in particular the principles governing the management of the Federal Offices of Agriculture or of the Agricultural Federal Institutes and of the individual organisational units, the representation including the right of drawing, to regulate the preparation and approval of work programmes and the submission of activity reports, the supervision of services and the subject of specific tasks, and the nature of the concerns of certain tasks.

(2) The Rules of Procedure shall be adopted by the Director of a Federal Office of Agriculture or by the Head of an Agricultural Federal Institute.

Merger of services

§ 8. The Federal Minister of Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister of Finance, may, in whole or in part, be able to resolve or merge Federal Offices for Agriculture or If this is necessary for reasons of increasing efficiency, increasing flexibility or achieving savings, agricultural federal institutions are required to do so. This is the case, in particular, where the achievement of a task by the federal government is no longer in the public interest or the merging of two or more services into a single one better and more economic Task performance enabled. This Regulation shall also lay down the seat and the name of a combined organisational unit.

Research and training activities of the Federal Offices for Agriculture and the Agricultural Federal Institutes

§ 9. (1) In the selection of tasks in the area of research, development and training, the Federal Offices for Agriculture and the Agricultural Federal Institutes have to meet the requirements of agriculture, water management, protection of the environment, and the protection of the environment. to take particular care of natural hazards, the development of rural areas, nature conservation, sustainability and the food sector.

(2) The research activities of the Federal Offices for Agriculture and the Agricultural Federal Institutes are to be coordinated by the Federal Ministry of Agriculture, Forestry, Environment and Water Management. The Federal Offices for Agriculture and the Agricultural Federal Institutes have annually reported a report on their research activities to the Federal Minister for Agriculture, Forestry, Environment and Water Management.

Publication of research results

§ 10. (1) The right to publish the results of research results for the first time by a staff member of a Federal Office for Agriculture or an Agricultural Federal Institute shall be exclusively available to the Federal Government. In the publication, the clerk is to be described as the author of the same.

(2) However, the clerk may, if a publication by the federal government is not intended, publish the result of his work with the consent of the federal government itself. In the publication, it should be noted that the work on which the results were based was carried out at the Federal Office of Agriculture or at the Federal Agricultural Office. The clerk has to leave a copy of the publication free of charge to the Federal Minister for Agriculture, Forestry, Environment and Water Management and the Federal Office of Agriculture or the Agricultural Federal Institute.

(3) Without prejudice to paragraphs 1 and 2, publication shall be permitted in electronic media.

Tariffs

§ 11. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the amount of the charges for benefits awarded by a Federal Office of Agriculture or an Agricultural Federal Institute to third parties for the Federal Government as a carrier of Private rights shall, in agreement with the Federal Minister for Finance, be determined in a tariff in accordance with the provisions of the budgetary provisions. When these charges are fixed, consideration shall be given to the expenditure incurred by the performance of the Federal Office for Agriculture or the Agricultural Federal Institute for Agriculture. The fees are revenue of the federal government.

(2) In the tariff, provision may be made for the fee to be reduced or recounted as a whole if the performance of a Federal Office of Agriculture or of an agricultural federal institute is based on the nature of that service. and the associated task performance of the performing federal body is primarily in the public interest.

(3) The publication and amendment of the tariff should be noted in the,,, Official Journal of the Wiener Zeitung. The Federal Ministry of Agriculture, Forestry, the Environment and Water Management and the institution concerned are required to submit the tariffs on request against the costs of the tariff.

II. Part

Tasks of the Federal Offices for Agriculture

Area of action and seat of the Federal Offices for Agriculture

§ 12. The scope of action of the Federal Offices for Agriculture includes the tasks and tasks of the agricultural research, experimental and examination system. The public tasks and the local jurisdiction to fulfill them are determined by other federal laws.

Higher Federal Institute for Wine and Fruit Construction

§ 13. (1) The seat of the Federal Office is Klosterneuburg.

(2) The area of activity covers the areas of viticulture and fruit growing.

(3) The scope of action includes in particular:

1.		Exhibition of certification for the approval of vine varieties, management of the official grape variety catalogue, supervision of the conservation breeding of vine varieties, training of supervisory bodies (Rebenverkehrsgesetz 1996); supervision of large-scale tests (Weingesetz 1999), sample preparation and basic analysis of wines for the EU wine database;
2.		Research in the fields of viticulture, including vines, orchards, including fruit storage, primary and secondary technology (cellars and fruit processing), and the chemistry and microbiology of fruit and its products processing products, such as wines, juices, distillates and fruit products, as well as the ecology of these production lines, as well as the economic valuation and marketing of products in the whole area;
3.		Development and testing of new methods and process techniques of machinery, equipment and materials for the production and processing of products, and the award of test marks thereto; processing of specific questions of Plant propagation, nutrition, health, plant protection and plant and fruit conservation; breeding and testing of new and preserved old grape and fruit varieties;
4.		Examination and quality control of plant products, grapes and fruit products; examination, testing and evaluation of plants, plant and propagating material;
5.		Examination and evaluation of grapes, musts and wine, as well as secondary products, fruit juices, fruit products and spirits from fruit and wine treatment products; official wine tasting commissions and official appraisals of official products. Wine inspection samples, official material comprehensitiy and examination of wine treatment procedures;
6.		education and training as well as testing and evaluation of costers for the official cost commissions, expert activities in national and international organisations;
7.		Publication of a scientific journal.

Federal Office for Viticulture

§ 14. (1) The seat of the Federal Office is Eisenstadt.

(2) The area of activity includes, with particular regard to the regional and cultural conditions of the wine-growing federal states, the areas of viticulture and wine examination.

(3) The scope of action includes in particular:

1.		Research on viticulture and wine, with particular reference to predicate wine;
2.		Research on and investigation, testing and evaluation of grapes, musts and wine, as well as their secondary products and fruit juices, of export and import samples, of wine on the occasion of the grant of the state test number and of wine wine treatment products;
3.		Official wine tasting commission and expert appraisal of official wine list samples, official material for wine as well as examination of wine treatment procedures; wine test statistics.

III. Part

Tasks of the agricultural federal institutions

Area of action and seat of the agricultural federal institutions

§ 15. The range of activities of the agricultural federal institutes comprises tasks of the agricultural research, experimental and examination systems.

Bundesanstalt für Agrarwirtschaft

§ 16. (1) The seat of the Bundesanstalt is Vienna.

(2) The field of activity covers the agricultural sector from a micro-and macro-economic point of view.

(3) The scope of action includes in particular:

1.		Research in the agricultural sector of Austria in terms of business administration, market and food economy, agricultural policy, agricultural sociology, regional research and regional policy, nature and environment protection, agricultural statistics and international economic integration and world agricultural economy;
2.		Analyses (quantifications and evaluations) of agricultural policy measures and the economic position of the agricultural sector; monitoring of the national and international agricultural markets and forecasts of its development; analysis regional agricultural structural development and the efficiency of agricultural and regional development;
3.		Management of a competence centre for business administration in Austria, including the preparation of documents for business management consulting and planning; preparation of agricultural and regional economic models;
4.		Participation in the drafting of the Green Report.

Higher federal lehr and research institute for agriculture Raumberg-Gumpenstein

§ 17. (1) The seat of the Bundesanstalt is Raumberg-Gumpenstein, Marktgemeinde Irdning.

(2) The area of activity includes research and teaching in the fields of plant engineering and animal sciences, biological agriculture, ecology, biodiversity, cultural landscape, soil and vegetation science, livestock farming, animal health, Animal welfare, mechanisation and labour and business management in agriculture.

(3) The scope of action includes in particular:

1.		Research in the fields of plant and animal sciences, with particular emphasis on the grassland economy, including the alpine farming industry and the field of agriculture in mountain regions with particular emphasis on the arable feed construction, which Fodder harvest and feed conservation, feeding and keeping of farm animals; ecology with special consideration of management in its effects on soils, water, air, plant stocks, biodiversity and the Animal health; agricultural construction, animal welfare, species-appropriate animal husbandry, assessment of posture systems, emissions and immissions from livestock farming, as well as process and work technology, including farming in agriculture; monitoring in survey networks with regard to biodiversity, Changes in yields and quality, the recording of conditions of use with regard to the development of the cultural landscape and the rural area;
2.		Research in the field of organic farming;
3.		Testing of base feed and other feedingstuffs, the value properties of soils, economic fertilizers, plant and animal products in the laboratory, in vessel, field and animal experiments in connection with others at this Federal Institute shall be carried out and investigations carried out;
4.		Collection, processing, conservation and development of the crop and animal genetic material important for the cultural landscape, preservation of biodiversity in autochthonous farm animal breeds;
5.		Linking of research results through methods of geoinformation processing for the comprehensive presentation of agrarian property behaviour and environmental processes;
6.		Organization and implementation of education and training events for agriculture.

Bundesanstalt für alpenländische Milchwirtschaft

§ 18. (1) The seat of the Bundesanstalt is Rotholz, the municipality of Strass im Zillertal.

(2) The area of activity covers the areas of extraction, processing and marketing of milk and milk products in the Alpine region.

(3) The scope of action includes in particular:

1.		Research, development and consultancy in the milk and milk products sector, milk hygiene, quality assurance and management, and the development of processes for the manufacture of milk products, with particular reference to the production conditions and traditional dairy products in the Alpine regions;
2.		the examination of milk and milk products, the examination and testing of dairy additives, milk additives and other products produced using milk content, and of equipment for the production, Storage and collection of milk, as well as dairy machinery and dairy equipment; certification of such equipment and machinery;
3.		Processing and processing of purchased milk for research, testing and training purposes and for tasks in the context of rural development, as well as the marketing of the products produced therefrom;
4.		Development, production and distribution of pure cultures for the dairy industry and materials in the context of quality management;
5.		Provision of expertise and infrastructure for initial and continuing training in the dairy sector, as well as the organisation and implementation of training events for the dairy industry.

Bundesanstalt für Bergbauernfragen

§ 19. (1) The seat of the Bundesanstalt is Vienna.

(2) The area of activity covers the area of problems of the Bergraumes and other areas with an unfavourable structure and of the population living in these areas.

(3) The scope of action includes in particular:

1.		Research in the affairs of the Bergraum and other areas with an unfavourable structure;
2.		Analyses of the natural, social, economic and political causes of the problems of the Bergraumes and other areas with an unfavourable structure;
3.		Analysis and evaluation of measures and instruments to solve the problems of the Bergraumes and other areas with an unfavourable structure; development of alternatives to production, social, operational and agricultural policy; Accompaniment in the implementation of model-based alternatives.

Higher federal lehr and research institute for agriculture, agricultural technology and food technology Francisco Josephinum in Wieselburg

§ 20. (1) The seat of the Bundesanstalt is Wieselburg.

(2) The area of activity covers the area of agricultural technology, which are all machinery, process, energy and labour-related matters in agriculture and the renewable raw materials for the non-food sector.

(3) The scope of action includes in particular:

1.		Research and development in the field of agricultural technology and renewable raw materials;
2.		Examination of agricultural labour practices, including the domestic economy and ergonomic workplace design;
3.		Testing of agricultural vehicles, machinery, equipment, technical equipment and procedures with regard to technical and performance characteristics for the agricultural, forestry and food industries, operational safety and occupational safety, ergonomic Correct design, cost-effectiveness and environmental friendliness; award of test marks to this;
4.		Investigation and testing of products made from renewable raw materials for the non-food sector.

Higher Bundeslehr-und Forschungsanstalt für Gartenbau Schönbrunn

§ 21. (1) The seat of the Bundesanstalt is Vienna.

(2) The area of activity includes the areas of horticulture and garden design.

(3) The scope of action includes in particular:

1.		research in all areas of horticulture (ornamental horticulture, timber and nursery as well as vegetables), including plant breeding and the recovery of horticultural products;
2.		Examination, testing and evaluation of plants, plant and propagating material, of varieties (including distinctness) and crop products of gardening plants; processing of specific questions of horticultural plant protection and the technical facilities in horticulture;
3.		Development and testing of new cultural methods and of process techniques in the production and marketing of gardening products;
4.		Collection, processing, conservation and development of the genetic material important for the gardening of plant breeding; promotion of ex-situ, in-situ and on-farm conservation and sustainable use of plant genetic resources;
5.		Research and planning in the field of garden and landscape design;
6.		Development and testing of construction techniques and materials in gardening and landscaping.

IV. PART

Final provisions

In-force pedals, repeal of legislation and transitional provisions

§ 22. (1) This federal law shall enter into force 1. Jänner 2005 in force.

(2) As of 31 December 2004, the Federal Act on the Federal Offices for Agriculture and Forestry and the Agricultural Federal Institutes, BGBl, shall expire. N ° 515/1994, as last amended by the Federal Law BGBl. No 59/2002, except for force.

(3) The business and personnel divisions, business regulations and tariffs, which exist at the time of the entry into force of this Federal Act, remain in force until the date of their re-eration.

(4) On each exchange within the meaning of the Reichsgesetz, RGBl. No 10/1903, on the basis of its Staff Regulations, fertilisers, soil adjuvants, crop substrates, plant aids and other agricultural inputs, agricultural products, products and processing products from such products, and auxiliary and Protection products for the production, packaging or storage of such products and the transactions in connection with them, in particular insurance, freight, brokerage and storage transactions, shall be subject to the following conditions: Arbitral tribunal in accordance with Art. XIII a to XXVII EGZPO.

(5) The Arbitration Court Order requires the approval of the Federal Minister for Agriculture, Forestry, Environment and Water Management in agreement with the Federal Minister of Justice.

(6) The function of the arbitrator shall be an unrested honorary office and personally to be exercised. The term of office of the arbitrators lasts four years; the repeated exercise of the function is permitted. The arbitrators shall be ordered by the institution of the stock exchange called upon to act on the basis of the Staff Regulations. The arbitrator shall be the arbitrator of the referee. In order to appoint the Arbitration Board, consideration must be given to a professional balance between experts from the agricultural and economic sectors. More detailed provisions on the formation and composition of the arbitral tribunals, in particular by the choice of arbitrators by the parties, shall be laid down in the Arbitration Court.

(7) On the stock exchange, by means of the institution appointed on the basis of the statutes thereof, quotations (non-binding recommendations for wholesale market prices) are to be made on the basis of

1.		Price reductions from business transactions since the last listing on this stock exchange (,,, 'Noting' '), or
2.		Price estimates for traffic items not traded since the last listing on this stock exchange ("nominal quotation").

Enforcement

§ 23. With the enforcement of this federal law, the Federal Minister for Agriculture, Forestry, Environment and Water Management is entrusted, with regard to § 8 and § 11 (1) in agreement with the Federal Minister of Finance and Section 22 (5) with the Federal Minister for Justice.

Article 7

Federal law establishing a federal research and training centre for forest, natural hazards and landscape as an institution of public law and setting up the Federal Office of Forests-BFWG

Section 1

Establishment of a federal research and training centre for forest, natural hazards and landscape as an institution of public law and the establishment of the Federal Office of Forests

Target specification

§ 1. (1) In order to ensure multifunctional forestry in rural areas, to preserve natural resources and biodiversity, to protect against natural hazards and to prevent risks, to protect the soil and to protect the environment. Drinking water resources through scientific work, surveys and services based on them will be 1. Jänner 2005 established a federal public law institute called "Federal Research and Training Centre for Forest, Natural Hazens and Landscape" (hereinafter referred to as the Research Centre) and set up the Federal Office of Forests.

(2) A high degree of flexibility should be sought for the best possible adaptation to changing tasks, for intensive participation in national and international research activities and for the efficient provision of services.

Research Centre

§ 2. (1) The Research Centre shall be based in Vienna.

(2) The research centre is responsible for the tasks of scientific research in the fields of forest, natural hazards and landscape science, as well as the relevant survey, testing, testing and control systems, in connection with the provision of such research , as well as the performance of tasks of training in the public interest. It's not based on profit.

(3) The Research Centre shall have legal personality. The research center is entitled to lead the federal coat of arms.

(4) The Research Centre shall be able to establish rights and obligations for itself; the Federal Government shall not be held liable for such rights and obligations.

(5) The research centre shall be immediately effective from the first ladder with effect 1. January 2005 to the Commercial Court Vienna to register for registration in the company's book. § 3 of the Company Book Act, BGBl. No 10/1991, should be applied, in addition:

1.		the name of the research centre and the name of the institution concerned;
2.		the name and date of birth of the head of the research centre as well as the beginning and the nature of his power of representation;
3.		the name and date of birth of a procurist, and the beginning and nature of his power of representation;
4.		the name and date of birth of the chairman, his deputy, and the other members of the Economic Council;
5.		the date of filing of the annual financial statements and the closing date.

(6) The financial year of the Research Centre shall be the calendar year.

Federal Office of the Forest

§ 3. (1) The Federal Office of Forests has its seat in Vienna.

(2) The Federal Office of the Forest's sovereign sphere of action includes the perception of the Federal Office of Forests

1.		according to the Plant Protection Act 1995, BGBl. No. 532, for forest plants in accordance with the Annex to the 1975 Forestry Act, BGBl. 440, and their plant products, and
2.		in accordance with the Forestry Reproductive Material Act 2002, BGBl. I No 110,
execution tasks assigned to them.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be permitted to appeal against the authority of the Federal Office of Forests in matters referred to in paragraph 2 of this Article, which shall also be subject to factual authority.

(4) In the performance of its tasks pursuant to paragraph 2, the Federal Office of Forests shall apply the administrative procedural laws.

(5) The Bundesamt für Wald (Federal Office for the Forest) has to use the research centre to use the tasks set out in paragraph 2 above, to use subject-specific control bodies and to provide them with a corresponding identity document for this purpose. ,

(6) For activities of the Federal Office of Forests on the occasion of the enforcement of the sovereign duties referred to in paragraph 2, a fee shall be paid in accordance with a tariff (§ 57 AVG), which the Federal Office of Forest shall be responsible for with the consent of the Federal Minister for Agriculture, forestry, the environment and water management and the Federal Minister for Finance must be able to determine costs. The consent shall be deemed to have been granted, provided that no written objection has been made by at least one of the Federal Ministers mentioned above within a period of one month from the date of receipt in the respective place of work. This tariff may provide for rules on the charging of the fee, in particular as to the timing of the payment. Pending the release of this tariff, the tariffs issued in accordance with the federal laws referred to in paragraph 2 shall remain in force. However, charges for sampling and testing on the occasion of inspection, other than those provided for by Community law, shall not apply where infringements of the provisions of the provisions of the provisions of paragraph 2 of this Article are applicable. Federal laws are established.

(7) The Bundesamt für Wald (Federal Office for the Forest) has published an official journal and, in a suitable form, has to make it accessible to the transport groups concerned. In particular, the Official Journal shall include:

1.		Claims based on the federal laws referred to in paragraph 2;
2.		the tariff referred to in paragraph 6.
During office hours, everyone can consult the Official Journal and make copies of them on the spot; furthermore, the Official Journal or extracts may be purchased from it on the basis of the possibilities available for cost replacement. .

(8) Experts from the Commission and the Federal Minister for Agriculture, Forestry, the Environment and Water Management may accompany the control bodies in carrying out activities within the framework of the activities referred to in paragraph 2.

Tasks of the Research Centre

§ 4. (1) The Research Centre serves the Federal Government as a research, training and training centre in the fields of forest, natural hazards and landscape. Its tasks in this regard include in particular:

1.		Surveys of all kinds on the state and development of the Austrian forest, in particular the periodic nationwide forest inventory as well as surveys on the basis of EU legal obligations or international agreements; the Austrian forest inventory, the preparation, monitoring of the survey and the analyses and preparations for the main results, but not the periodic survey to be carried out;
2.		studies and research in the fields of forest, natural hazards and landscape sciences, including socio-economic aspects, in particular the conservation, protection and sustainable development of the forest as a habitat and Economic object, improving the efficiency of forests, the role of forests as an element of rural areas and forest spatial planning, the protection against natural hazards and the treatment of catchment areas for quantitative and qualitative influence on the water balance;
3.		-development, testing and improvement of methods, procedures and investigative facilities;
4.		Research in soil and locality in all areas of Austria, in particular in the field of soil ecology; research in the laboratory and in the terrain; data collection, mapping and evidence of data on the Soil conditions in Austria; presentation of results in soil maps; establishment and operation of a soil information system;
5.		Establishment, documentation and scientific use of natural forest reserves; coordination of natural forest research;
6.		Implementation of in-situ and ex-situ measures to ensure the protection of genetic resources;
7.		Surveys of all kinds to determine the causes and extent of forest damage, in particular caused by wild or forest-harmful air pollution;
8.		Establishment and management of long-term experiments, as well as investigations on permanent observation plots, in particular in relation to changes in forest ecosystems;
9.		Testing and practical testing of equipment, tools, machinery, materials, working methods and application methods for their suitability for the treatment of forests and catchment areas;
10.		the examination and evaluation of chemical and other means intended for use in the forest, as well as the issue of certificates;
11.		Training of forest protection bodies, participation in forestry and forest management training, and participation in the practical training of pupils and students;
12.		Continuing training of persons engaged in forestry activities and those interested in the forest through appropriate events, ensuring the opportunities for training in the forest and the practical testing of working methods, equipment, machinery and equipment Operating resources;
13.		Dissemination of the findings from practical testing of forestry work methods, equipment or machines;
14.		Accommodation and catering of persons directly connected with the tasks of the institution; establishment of training centres and the management of accommodation facilities.

(2) The Research Centre also serves as an information, coordination and advisory body for the federal government in the fields of forest, natural hazards and landscape. Its tasks in this regard include in particular:

1.		Identification, development, collection, documentation and evidence of findings and data using modern information technology;
2.		Coordination of research activities, monitoring systems and knowledge management in the fields of forest, natural hazards and landscape sciences;
3.		information activities, in particular the creation of information resources, technical statistics, planning documents and the publication of work results, other contributions and educational material;
4.		Information, appraisal and consulting activities as well as the preparation of planning documents for the federal administration, local authorities or other natural or legal persons;
5.		participation in specialised advisory councils and similar bodies, in particular in bodies and bodies of the European Union and international organisations in matters falling within the scope of the institution, on behalf of the Federal Minister;
6.		Care of domestic and international contacts for technical cooperation; maintenance of professional experience and exchange of publications;
7.		Provision of the material requirements and the management of the law firms for professional advisory councils pursuant to section 25 (2);
8.		Exercise of other tasks carried out by federal law or regulation in accordance with § 25 (15).

(3) In the context of the tasks assigned to it, the Research Centre shall carry out the following activities at the request of the Federal Minister for Agriculture, Forestry, the Environment and Water Management:

1.		technical opinions on draft directives, regulations, decisions, recommendations or communications of the institutions of the European Union and of other international organisations;
2.		representation of professional opinions within the framework of the Austrian position in the institutions of the European Union and in other international organisations;
3.		-technical opinions on draft national laws and regulations;
4.		Representation of technical opinions at the national level.

(4) The Research Centre shall be obliged to inform the Federal Minister for Agriculture, Forestry, the Environment and Water Management without delay after knowledge of draft orders of organs of the European Union in its scope of action and to report continuously on the state of negotiations.

(5) The Research Centre shall make all arrangements to enable the Federal Office of Forest to fulfil its tasks (§ 3).

Contract research and work on behalf of third parties

§ 5. (1) The Research Centre may take over activities and works in its technical field of activity on the basis of contractual agreements with third parties.

(2) The Research Centre shall also be entitled to all transactions and measures which appear to be necessary and useful for the purpose of attaining the purpose of the acquisition, in particular for the establishment of subsidiaries and for the acquisition of holdings.

(3) For the services referred to in paragraphs 1 and 2, a fee shall be agreed between the Research Centre and at least covering the costs associated with the performance of the contract. For the use of personnel and materials of the Research Centre for the performance of works pursuant to paragraphs 1 and 2, full cost compensation is to be paid between the accounting circles (§ 15 para. 2).

Special principles for task perception

§ 6. (1) The Research Centre shall, in the performance of the tasks in accordance with § § 4 and 5, comply in particular with the following guiding principles:

1.		objectivity and impartiality;
2.		the application of methods and procedures in accordance with internationally recognised scientific principles and standards and their disclosure;
3.		Taking into account the needs of the practice;
4.		Ongoing review of task performance on quality improvements and rationalization options;
5.		Economy, economy and usefulness of the building.

(2) In the performance of their duties, the service takers of the Research Centre shall be obliged to secrecy about all the facts known to them exclusively from their activities. The provisions of Section 46 (1) to (4) of the Official Services Act 1979-BDG 1979, BGBl. No. 333, shall apply mutafictily.

(3) A disconnection of the duty of confidentiality of the employees of the Research Centre and of the federal civil servants assigned to the service according to § 21 (1) for the permanent service can only be made by the head of the Federal Office for Forest.

(4) perceptions which affect the enforcement of sovereign duties shall also be recovered if they have been obtained in the exercise of non-national tasks.

Use of third parties for the perception of tasks

§ 7. The Research Centre is empowered to instruct appropriate persons and entities to carry out tasks by contract if, for reasons of austerity, economic efficiency and expediency, this is necessary, and if this is not worthy of protection. The interests of those affected are still contrary to public interests.

Compensation of benefits and federal funds

§ 8. (1) The Research Centre shall provide its services against payment or replacement of expenses, unless otherwise provided in this Act.

(2) The level of charges or cost rates, in particular in the form of

1.		the tariff for the services and take-up of the research centre;
2.		the event contributions,
3.		the accommodation contributions and
4.		the contributions to the excourse and teaching staff
shall be determined on the basis of a transparent internal cost accounting system based on the principles of economy, economy and expediency, in accordance with the principle of cost recovery.

(3) The Federal Government has to provide the Research Centre with a base grant of EUR 15.5 million per year for the expenses incurred in connection with the performance of its tasks.

(4) The Federal Government has to transfer one twelfth of the basic grant to the Research Centre in advance each month for the first day of each month.

(5) In addition to the benefits provided for in paragraph 3, the Federal Government may, in accordance with the funds provided for these purposes in the annual Federal Finance Act, in particular due to the transfer of further tasks pursuant to section 25 (15), increased expenses under the A prerequisite for this is that this is necessary in spite of economic, economical and appropriate building of the research centre and taking account of rationalisation measures.

(6) Revenue, in particular fee income, shall be revenue of the Research Centre.

Section 2

Transfer of assets, transfer of use

Asset Transition

§ 9. (1) The Research Centre shall enter into all existing rights and obligations with regard to the Federal Office for Forest and Research and Training Centre for Forest, Natural Hazy and Landscape in all existing rights and obligations with regard to the Federal Office for Forest and Research and Training Centre for Forest, Natural Hazas and Landscape. Jänner 2005. The overall legal succession shall be entered in the company's register.

(2) The movable assets previously owned by the Federal Government and managed by the Federal Office of Forest and Research and Training Centre for Forest, Natural Hazy and Landscape as a Federal Service, which are necessary for the performance of the tasks , as well as the properties of the Katastrian township 20189 Tulln, number 1845 (Tulln test garden) and the Katastralgemeinde 74301 Feistritz, deposit numbers 53 and 54 (Lehrforst Kollerhube) including all of the rights and rights belonging to the Legal relationships, claims and debts with 1. Jänner 2005 in the course of the overall succession to the property of the Research Center. The name of the owner is to be corrected by the courts of its own due to the "Federal Research and Training Centre for Forests, Natural Hazarets and Landscape".

(3) The Research Centre is the property of the Republic of Austria and is owned by the Federal Office of Forest and Research and Training Centre for Forest, Natural Hazy and Landscape, and is owned by the Austrian Burghauptmannschaft Austria. shall be subject to an indefinite, free and unburdened right of use. The research centre has to do so only for the maintenance of the parts of the building parts that are subject to tenants ' requirements.

(4) The value of the value of the assets transferred shall be determined on the occasion of the opening balance sheet to be drawn up within six months from the transfer of assets in accordance with paragraph 1. There is no link to the cost of acquisition and production for the determination of the value of the value in the opening balance sheet. The rates of value of the technical equipment and equipment shall be determined in accordance with their possible uses, taking account of the current state of the art. The opening balance sheet shall contain a summary of the active and passive activities of the research centre, which are to be assigned to this area in a comprehensible and operational way and from which the merging creditors and the creditors are responsible. Debtor positions can be identified. In addition, the facility shall contain all assets, legal relationships and charges not included in the balance sheet, which are part of the preceding institutions. The value rates of the opening balance sheet shall be examined and confirmed by a court-appointed auditor. The opening balance sheet is to be submitted to the company register. § 10 of the Commercial Code, dRGBl. S 219/1897, is to be applied.

Section 3

Organization

Organs

§ 10. The bodies of the Research Centre are:

1.		Head of the Research Center (§ § 11 to 17);
2.		Economic Council (§ § 18 and 19).

Head of the Research Center and the Federal Office

§ 11. (1) The Head of the Research Centre shall be appointed by the Head of the Research Centre. The appointment of the conductor is to be found in the Recruitment Act, BGBl. I No 26/1998, Application. The head is to be ordered by the Federal Minister for Agriculture, Forestry, Environment and Water Management for the duration of up to five years. If a Federal official enters into a service with the Research Centre, the Federal Civil Service officer shall be on leave for the duration of this service against the removal of the remuneration. The head of the Research Center is to be appointed by the Federal Minister of Agriculture, Forestry, Environment and Water Management with the management of the Federal Office for Forest and conducts the title "Director of the Federal Ministry for Agriculture, Forestry, Environment and Water Management". Federal Office for Forests ".

(2) Without prejudice to compensation claims arising from existing contracts, the appointment to the Head of the Director may be revoked at any time by the Federal Minister for Agriculture, Forestry, Environment and Water Management for important reasons.

(3) Without prejudice to the compensation claims of the Research Centre, the Director may declare his resignation to the Federal Minister for Agriculture, Forestry, the Environment and Water Management from existing contracts. If there is an important reason for this, the resignation can be explained with immediate effect, otherwise the resignation will take effect only after 14 days have elapsed. The Chairman of the Economic Council shall be notified of the resignation.

(4) The Federal Minister for Agriculture, Forestry, Environment and Water Management may appoint a member of the Economic Council for the period of vacancy of the function of the Head with the representation of the Research Centre. During this period, the member of the Economic Council concerned shall not be allowed to carry out his duties as a member of the Economic Council.

Tasks of the management

§ 12. (1) The Head shall be bound by the instructions of the Federal Minister for Agriculture, Forestry, Environment and Water Management. The Director shall provide the Federal Minister of Agriculture, Forestry, Environment and Water Management with all information necessary for the performance of his duties and, upon request, to submit all relevant documents.

(2) The Head shall apply the due diligence duties of a prudent businessman and shall respect the commercial principles as well as the principles of austerity, economic efficiency and expediency.

(3) The Head, who culpably violates his obligations, shall be liable to the Research Centre for the damage resulting therefrom. Replacement claims shall be passed after 5 years.

(4) The Head shall ensure that an accounting system and an internal control system that meet the requirements of the Research Centre are conducted.

(5) In order to properly carry out the tasks of the Research Centre and the Federal Office, the Head has to issue a division and order of business. With regard to the Federal Office, § § 6 and 7 of the Federal Act on the Federal Offices for Agriculture and the Agricultural Federal Institutes, BGBl. I No 83/2004, mutah.

(6) A former Director shall be obliged to the Research Centre for a period of five years after the termination of his/her function, in the context of the reasonable information on his/her management, as well as the operations and assets of the Research Centre. .

Work programme, financial plan, preview, corporate concept

§ 13. (1) The Head of the Research Centre shall, by the end of September, annually, for the next calendar year, the annual work programme and the annual financial plan and, for the following three calendar years, the three-year work programme and the Submit a three-year financial plan to the Economic Council.

(2) The annual work programme and the three-year work programme shall be drawn up in accordance with the principles set out in Article 6 and in accordance with paragraph 3.

(3) The annual financial plan and the three-year financial plan shall be drawn up in accordance with the principles of economy, economy and appropriateness, taking into account all potential rationalisation potential. In particular, they shall contain the organisation underlying the Research Centre, including the plans for the use of personnel and equipment, investment projects and financing.

(4) The annual financial statement (Section 14 (1)) shall be in accordance with the approved work programme and the approved financial plan.

(5) For the first financial year, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has a provisional annual work programme and, in agreement with the Federal Minister of Finance, has a provisional annual financial plan for , which shall apply until the approval of the annual work programme and annual financial plan drawn up by the Director.

(6) The first head of the Research Centre shall, by 31 December 2005, draw up the concept of the enterprise, subject to the appropriate application of the provisions laid down in paragraphs 1 to 4, which shall be approved by the Economic Council and by the Federal Minister for Land- and forestry, the environment and water management. In particular, the company concept has to contain the strategies pursued by the Research Centre and the desired organisation, as well as the plans for the use of personnel and equipment, for the investment projects and for the financing.

Management reporting obligations

§ 14. (1) The head of the Research Centre shall report to the Economic Council at least once a year on fundamental questions relating to the activities of the Research Centre, as well as the future development of the assets, financial position and profit situation on the basis of a Presentation (annual report). Furthermore, it has to report regularly, at least quarterly, to the Economic Council on the course of business and the location of the Research Centre in comparison with the forecast account, taking into account the future development (quarterly report). On an important occasion, the Chairman of the Economic Council shall be reported immediately and, in addition, circumstances which are of considerable importance for the liquidity of the Research Centre shall be reported to the Economic Council without delay (Special Report).

(2) The annual report, the quarterly reports and the annual and three-year work programmes, as well as the annual and three-year financial plans, shall be submitted in writing and shall be explained orally at the request of the Economic Council; they shall be submitted to each Member of the Economic Council. The special reports shall be reimbursed in writing or orally, and in the latter case shall be submitted in writing.

Planning and reporting system

§ 15. (1) The Head of the Research Centre shall ensure the establishment of a planning and reporting system which shall ensure compliance with the reporting requirements by the Head of the Research Centre in accordance with the statutory provisions and the requirements of the Federal Minister of Finance in respect of the implementation of a participation and financial control system.

(2) In the corporate concept according to § 13 (6), in the annual financial plans and the three-year financial plans in accordance with § 13 (1) and (3), in the annual preliminary calculations according to § 13 (4), in the reports to be refunded by the head of the Economic Council according to § 13 (4). 14 (1), in the planning and reporting system referred to in paragraph 1 as well as in the accounting system, the tasks performed are to be presented in separate accounts, depending on the area of activity.

Representation of the Research Centre

§ 16. (1) The research centre shall be represented by the head of the court and out of court. The Research Centre shall be entitled and bound by the legal transactions concluded by it on its behalf; it shall be indifferto whether the business has been expressly concluded on behalf of the Research Centre or whether the circumstances result; that it should be concluded for the research centre according to the will of the parties involved. With the agreement of the Economic Council, the Head is authorized to provide appropriate staff for certain matters of the Research Centre pursuant to Section 54 of the Commercial Code or to an appropriate staff member in accordance with § § 48 up to 53 of the Commercial Code.

(2) The Head shall be obliged to comply with all restrictions laid down in this Act or in a binding order of the Economic Council or the Federal Minister for Agriculture, Forestry, Environment and Water Management for the scope of its Power to represent the Research Centre shall be established.

(3) The deletion or a change in the power of representation of the director and of any procurator of the Research Centre shall be notified without default to the company's register. The application shall be accompanied by proof of the order or the amendment in certified form. At the same time, a new head or procurator shall draw their signature before the courts or submit the drawing in a certified form. If a person is registered or disclosed as a director or a proxy, a defect in his/her order can only be countered to a third party if the defect was known to him.

(4) However, a restriction of the power of representation pursuant to Section 2 does not have any legal effect against third parties. This shall apply in particular in the event that the representation extends only to certain transactions or types of business or is to take place only under certain circumstances or for a certain time or in individual places, or that the consent of the Economic Council is required for individual transactions.

(5) The drawing of declarations of intent for the Research Centre shall be carried out in such a way as to add to the name of the Research Centre the signing of the drawing. A procurist shall attach an indication to the Prokura to his signature. An authorized representative shall attach to his signature an indication of the authority to act.

(6) The delivery of a declaration, the delivery of precharges and other deliveries to the Research Centre may be made with legal effect to any person who is entitled to draw or to draw in part.

(7) Statements, decisions and instructions of the Federal Minister for Agriculture, Forestry, the Environment and Water Management in connection with the Research Centre shall not be subject to an assessment, provided that they are provided with the official seal.

(8) The removal of the power of representation may also be filed by the appointed or reappointed head, certified by the convocation or by the access of the resignation declaration for registration in the company's register.

Annual accounts, management report

§ 17. The annual financial statements and the management report of the Research Centre are under the appropriate application of § § 189 to 243 of the German Commercial Code, dRGBl. S 219/1897, and by a statutory auditor under the appropriate application of § § 268 to 276 of the German law. cit. shall be examined. The annual financial statements of the Federal Minister for Agriculture, Forestry, Environment and Water Management are to be included in the Federal Financial Statements (§ 98 paragraph 2 Z 5 BHG) and must be submitted to the Company Book.

Establishment of the Economic Council

§ 18. (1) An economic council consisting of 6 members shall be set up, of which:

1.		three members are to be appointed by the Federal Minister for Agriculture, Forestry, the Environment and Water Management,
2.		a member of the Federal Minister of Finance is to be sent and
3.		two members under the sensual application of § 110 of the German Labour Constitution Act, BGBl. N ° 22/1974, are to be sent from the representatives of the employees provided for in accordance with the operational constitution.

(2) The members of the Economic Council referred to in paragraph 1 (1) (1) and (2) shall be appointed for a period of five years. The operating period begins with the first meeting of the members of the newly appointed Economic Council. If a member retires prematurely, the Economic Council shall be supplemented by new orders or despatch. Reorder or despatch is permitted. After the end of the period of operation, the Economic Council has continued its business until the newly ordered Economic Council meets.

(3) The members of the Economic Council may, before the end of the functional period, be called off by the issuing or sending institution, if they request it or if there are other important reasons.

(4) The Chairman of the Economic Council and his deputy shall be appointed by the Federal Minister of Agriculture, Forestry, Environment and Water Management from among the members pursuant to Section 1 (1) (1) and (2) of this Regulation.

(5) Except in the case of Section 11 (4), the members of the Economic Council may not be at the same time the head of the Research Centre, or may be senior employees of the Research Centre.

(6) The head of the Research Centre shall immediately notify any new order or dispatch and dismise of members of the Economic Council for registration in the Company Book.

(7) The Economic Council shall adopt its rules of procedure, which shall be approved by the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

(8) The members of the Economic Council referred to in paragraph 1 (1) and (2) shall be entitled to a remuneration corresponding to the time and effort required by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister of Finance is to be defined.

Tasks and powers of the Economic Council

§ 19. (1) The Economic Council shall supervise the management of the Research Centre. The members of the Economic Council are obliged to the Research Centre to apply the diligence of a prudent businessman in their activities. The instructions and supervisory powers of the Federal Minister for Agriculture, Forestry, Environment and Water Management remain unaffected.

(2) The member of the Economic Council, which culpably violates his or her obligations, shall be liable to the Research Centre for the damage resulting therefrom. Replacement claims shall be passed after 5 years. If, at the same time, the members of the Economic Council are obliged to replace the damage with the head, they shall be liable with this for an undivided hand.

(3) The Economic Council may, at any time, request a report from the Head of the Centre on the affairs of the Research Centre. A single Member may also request a report, but only to the Economic Council as such. The Chairman of the Economic Council may also request a report.

(4) The Economic Council may consult and examine the books and writings of the Research Centre, as well as the assets, in particular the stocks of cash and securities, and may thus also be specific to individual members or to certain tasks. Commission experts.

(5) The Economic Council shall inform the Federal Minister for Agriculture, Forestry, Environment and Water Management without delay and in writing if the well-being of the Research Centre requires it.

(6) The Economic Council shall, in particular, carry out the following tasks:

1.		Reimbursement of proposals to the Federal Minister for Agriculture, Forestry, Environment and Water Management for the appointment of the auditor of the annual financial statements;
2.		Examination of the annual financial statements and the management report of the Research Centre and reporting to the Federal Minister for Agriculture, Forestry, Environment and Water Management;
3.		Examination of the company concept, the work programmes and financial plans (§ 13) as well as the fees and cost rates (§ 8) and decision-making on their submission for approval by the Federal Minister for Agriculture, Forestry, Environment and water management;
4.		Receipt of reports on the Gestion, the cost and earnings history and the internal budget control of the Research Centre (§ 14);
5.		approval of the collective agreements and operating arrangements of the Research Centre;
6.		Adoption of a rules of procedure for the management of the Research Centre, the limits for investment, the granting of loans, the inclusion of credit and the conclusion of service contracts and other contracts, shall be adopted the approval of the Economic Council is to be obtained;
7.		Consent to the issuing of Prokura or the power of action by the Head;
8.		Resolution on the application to the Federal Minister for Agriculture, Forestry, Environment and Water Management to convene the Head with a two-thirds multi-heid;
9.		approval of the acquisition and sale of real estate, shareholdings, companies and businesses;
10.		determination of the criteria for granting and granting successful premiums for the financial year to the head;
11.		Decision making on the application to the Federal Minister for Agriculture, Forestry, Environment and Water Management on the approval of the Rules of Procedure of the Economic Council;
12.		Resolution on the proposal to the Federal Minister for Agriculture, Forestry, the Environment and Water Management to determine the net profit or loss of the balance sheet and the discharge of the Head;
13.		Proposal to the Federal Minister for Agriculture, Forestry, Environment and Water Management on the use of the annual results;
14.		Representation of the Research Centre at the conclusion of legal transactions with the Head;
15.		Representation of the Research Centre in litigation with the Head.

(7) The report of the Economic Council pursuant to paragraph 6 (2) to the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall indicate the nature and extent of the Management of the Research Centre during the course of the The annual financial statements and the annual report have been examined, and whether these audits have given rise to substantial complaints following their final outcome.

(8) The members of the Economic Council pursuant to § 18 (1) (1) and (2) shall be obliged to provide information on the decisions of the Economic Council in relation to the respective Federal Minister who is ordering or sending out the information.

(9) The Economic Council shall hold a meeting at least four times in the financial year. Meetings shall be held at least quarterly.

(10) The Economic Council shall be convened by the Chairman in writing, by fax or by means of a suitable electronic means, indicating the time, place and agenda. The head shall be notified of the convening of a meeting.

(11) Any member of the Economic Council or of the Head may require the Chairman of the Economic Council to convene the Economic Council without delay, stating the purpose and reasons. The meeting must take place within four weeks. If the request of at least three members of the Economic Council or of the Head is not complied with, the applicant may, under the notification of the facts, convene the Economic Council itself.

(12) The meetings of the Economic Council and of its committees may be attended only by the head, at most persons who have been granted Prokura, and by members of the Economic Council. The head and, at best, persons to whom Prokura has been granted shall be entitled to attend the meetings; they shall be obliged to participate if the Economic Council so requests. Experts and respondents can be granted access to individual items for consultation. In any event, the auditor is to attend the meetings dealing with the audit of the annual accounts and the management report.

(13) A member of the Economic Council may entrust another Member in writing with his representative at a single meeting. The represented Member shall not be included in the determination of the quorum. The right to chair the Presidency cannot be transferred.

(14) The Chairman, in the event of an obstacle, shall forward the sitting and shall determine the manner of the vote. Secret ballot is inadmissible.

(15) The negotiations and decisions of the Economic Council shall be subject to a minutes of signature to be signed by the chairman or his deputy.

(16) The Economic Council shall have a quorum if all members have been invited by the announcement of the agenda not later than two weeks before the date of the meeting and at least half of the members according to Article 18 (1) (1) and (2) of the agenda are invited to attend the meeting. Chairman or his deputy, is present.

(17) Decisions shall be taken by a simple majority of the votes cast. In the event of a tie, the Chairperson shall vote.

(18) In urgent cases, it may be put to the vote in writing, by fax or by means of appropriate electronic means, without the Economic Council meeting at a meeting (circular procedure) if no member of the Economic Council is to be held within the at least three working days after the date of dispatch of the documents, shall be contrary to the said procedure.

(19) A decision shall be taken in the circular procedure if all members of the Economic Council have been invited to vote and, within the period specified by the Chairman, at least half of the members, including the Chairman or his Deputy, have cast their votes. Representation by other members of the Economic Council is not permitted in the round-trip procedure.

(20) The Economic Council may appoint one or more committees from its centre. This is the application of § 10 of the German Labour Constitution Act, BGBl. N ° 22/1974, from the members of the staff seconded to the service referred to in the operational constitution, shall be entitled to have at least one member of the Board of the Economic Council designated by them in accordance with the provisions of the Committee of the Economic Council, and ; this does not apply to meetings and votes relating to relations between the Research Centre and the Head.

Section 4

Government supervision

Responsibility for supervision

§ 20. (1) The Research Centre shall be subject to the supervision of the Federal Minister of Agriculture, Forestry, the Environment and Water Management, without prejudice to the latter's other powers of authority.

(2) The supervision shall cover:

1.		compliance with the laws and regulations,
2.		the performance of the tasks assigned to the Research Centre under this Act; and
3.		the building of the research centre.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall each be entitled, within the limits of his competence pursuant to paragraphs 1 and 2, to carry out verifications and to view the documents he has requested. In this context, the Research Centre is obliged to provide all relevant information, business documents and documents relating to the items referred to by the Federal Minister for Agriculture, Forestry, the Environment and Water Management , to present surveys and surveys carried out by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, and to make verifications on the spot.

(4) The Federal Minister for Agriculture, Forestry, Environment and Water Management is responsible for:

1.		the determination of the annual accounts;
2.		the discharge of the Head and of the Economic Council;
3.		the approval of the Rules of Procedure of the Economic Council;
4.		the appointment of the auditor of the annual financial statements;
5.		the approval of the company concept and the work programmes (§ 13);
6.		the approval of the financial plans (§ 13) as well as the fees and cost rates (§ 8);
7.		the decision-making concerning the determination of the profit or loss of the balance sheet;
8.		the decision on the use of the annual results.

(5) Prior to the approval of the Rules of Procedure of the Economic Council, the financial plans and the fees and costs, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has the agreement with the Federal Minister for Finance .

Section 5

Transfer of staff

Officials

§ 21. (1) Federal officials who, on 31 December 2004, shall be officials of the Federal Government of the Federal Republic of Germany on the Federal Offices for Agriculture and Forestry and the Agricultural Federal Institutions, BGBl. No 515/1994, the Federal Office of the Forest and Research and Training Centre for Forests, Natural Hazers and Landscape Research and Training Centre are located at 1. January 2005 is transferred to the central office of the Federal Ministry of Agriculture, Forestry, Environment and Water Management and are with 1. Jänner 2005 assigned to the Research Centre for the permanent service as long as it is not assigned to a subsidiary of the Research Centre for the permanent service or to another Federal Service or to another branch of the Federal Service or to another Federal Service Centre. The official supervisory authority, including the exercise of the relevant instructions on the subject, shall be carried out by the head of the Federal Office for Forest, which shall follow the instructions of the Federal Minister for Agriculture and Forestry, Environment and water management.

(2) The federal civil servants assigned to the Research Centre for Service pursuant to paragraph 1 shall be entitled to the admission to the Federal Service if they declare their withdrawal from the Federal Service within five years from the date of the succession of the Federal Service. Employment relationship with the Research Centre, with effect from the month following the departure and in accordance with the provisions applicable to newly entering workers at that time. In accordance with Section 22 (6), it shall apply in accordance with the provisions that this liability shall apply only to those claims which have arisen until the end of the following month's serenation. The service time spent at the covenant is to be calculated for all time-dependent claims. In addition, the provisions of Section 22 (3) shall apply mutatily to these services.

(3) For the Federal Officials assigned to the Research Centre for Service in accordance with Section 1, the Research Centre shall replace the Federal Government with the cost of activities and additional costs, as well as a monthly contribution to the Federal Government to cover the pension costs. to the extent of 31.8% of the cost of the assets. For the calculation of the contribution to cover the pension expenditure, all cash benefits from which the pension contribution is to be paid shall be considered as active deductions. The pension contributions withheld by the officials are to be set off, with the exception of the special pension contributions. In the case of a future change in the amount of the pension contribution of the federal civil servants in accordance with § 22 of the salary law 1956, BGBl. N ° 54, the percentage of the contribution fee shall change to the same extent. After the entry into force of this Federal Act to the Research Centre, special pension contributions and transfer amounts are to be transferred to the Federal Government immediately in full. The other payments to the Federal Government are due on the tenth of the month in question.

(4) The Labour Constitution Act, BGBl, shall apply to civil servants in accordance with paragraph 1. N ° 22/1974, and II. Part of the Workers ' Protection Act, BGBl. No. 450/1994.

Contract staff

§ 22. (1) Contract staff who, on 31 December 2004, shall be the Federal Office of the Forest and Research and Training Centre for Forests, established pursuant to the Federal Act on the Federal Offices for Agriculture and Forestry and the Agricultural Federal Institutes, Natural hazards and landscape belong to 1. Jänner 2005 Service of the Research Centre. From this point on, the Research Centre shall continue the rights and obligations of the Federal Government as a service provider to the Federal Government. For them, the provisions of the Service and Remuneration law, in particular the Contract Order Act 1948, are applicable to BGBl. N ° 86, further; the conclusion of special contractual arrangements in accordance with § 36 of the Act on the Order of Contract in 1948, BGBl. No. 86, is no longer permissible.

(2) If, within one year of the date of action of the collective agreement applicable to the newly entering staff, or a holding or individual agreement based on that agreement, the service takers shall have their readiness to do so. Withdrawal from the employment relationship in accordance with the provisions of the Contract Law Act 1948, Federal Law Gazette (BGBl), which are to be applied further to them. No. 86, claim to be eligible for simultaneous inclusion in a work relationship with the Research Centre in accordance with the legal bases applicable to the new entry. There is no claim to be made in connection with this departure. In this case, the service time spent in the previous service ratio is to be calculated for all time-dependent claims.

(3) The employees referred to in paragraph 1 shall be treated as if they were federal staff with regard to the use of service or natural housing. As a result, no existing relationship is established on the flat and the provisions of Section 80 of the Official Services Act 1979-BDG 1979, BGBl. No. 333, and § § 24a to 24c of the salary law 1956 continue to apply mutafictily. The rights of the service provider within the meaning of § 80 of the Civil Service Law 1979-BDG 1979, BGBl. No. 333, the Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible for this.

(4) Service-holders according to paragraph 1, who change into a service relationship with the Federal Government, shall be treated as if their previous service relationship with the Research Centre had acted as a service relationship with the Federal Government.

(5) The research centre shall take care of the products and the jubilee allowances of the employees referred to in paragraph 1 above.

(6) For the satisfaction of the reference rights of the staff members in accordance with paragraph 1, the Federal Government is liable, like an ominous guarantor (§ 1356 of the General Civil Code). The amount of this liability shall be limited to that amount which, on 31 December 2004, shall be based on the status of the law on which the said staff member has been subject, taking into account their use at that time, plus the amount of the liability referred to in the period of service completed at that time and the regular advances and general salary increases provided by the Federal Government.

(7) Service-holders whose employment relationship is governed by a collective agreement and which, on 31 December 2004, is established pursuant to the Federal Act on the Federal Offices for Agriculture and Forestry and the Federal Agricultural Offices Federal Office of Forests and Research and Training Centre for Forest, Natural Hazas and Landscape are with 1. Jänner 2005 Service of the Research Centre. From this point on, the Research Center will continue the rights and obligations of the Federal Government as a service provider. The provisions of the collective agreement applicable at the time of 31 December 2004 shall continue to apply to them. The collective agreement is not affected by the establishment of the Research Centre as an institution of public law. The provisions of paragraphs 2 to 6 shall apply mutatily.

Federal government demands on staff

§ 23. Demands of the Federal Government towards the staff members who become employees of the Research Centre pursuant to § 21 (2) and § 22 (1) and (7) shall go to the Research Centre with the emergence of this service and shall be informed by the Research Centre of the Federal Government. resound.

6.

Other arrangements

Transitional provisions

§ 24. (1) The Federal Office of Forests and Research and Training Centre for Forests, Natural Hazers and Landscape is set to be 1. Jänner 2005 dissolved. Until the establishment of new organisational structures by the head of the Research Centre, the business units and regulations of the service referred to in § 21 (1) as well as the uses of the in § § 21 shall remain in force as of 31 December 2004. and 22 listed staff. In setting up new organisational structures, consideration should be given to the existing remuneration legislation of the service employees.

(2) The provisions of the Labour Constitution Act, BGBl. No 22/1974, subject to the proviso that:

1.		a subdivision into workers 'and employees' works council does not take place and
2.		the Federal Officials assigned to the Research Centre shall continue to be members of the relevant Central Committee.

(3) The staff representative bodies established at the time of the breakdown by the respective departments shall remain in force until the end of the period of time of the 1. In January 2005, the operating period was in operation. From 1. Jänner 2005 is responsible for the functions of the works council in the sense of the German Labour Constitution Act, BGBl. No. 22/1974. The existing staff representative bodies shall ensure the timely call for tenders for works council elections before the end of their term of office.

(4) Following the publication of this Federal Law in the Federal Law Gazans, all measures necessary for the performance of the tasks of the Research Center under this Federal Law are to be implemented. The head according to § 11 may already after the presentation of this federal law, but still before the 1. Jänner 2005 will be appointed and measures will be taken to set up the Research Centre and to set up the Federal Office. An interim head of the Research Centre may be appointed by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, if necessary. The interim director is appointed by the Federal Minister for Agriculture, Forestry, Environment and Water Management with the effect of 1. January 2005 until the appointment of the conductor according to § 11 with the management of the Federal Office for Forests. In addition, the Economic Council can already be set up in the Federal Law Gazans after this Federal Act has been published. From the date of the presentation of this Federal Act to the end of the 1. In 2005, the Central Committee, the Central Committee on Agriculture, Forestry and Water Management, is sending the members of the Economic Council according to § 18 (1) (3) of the Staff Representation Council (MIC).

(5) The Labour Inspectorate Act 1993-ArbIG, BGBl. No 27/1993, shall be subject to the proviso that the Labour Inspectorate has to take into account existing general remediation plans in the determination of a time limit for the production of the lawful condition in accordance with Article 9 (1) of the ArbIG.

(6) With regard to the legal status of federal apprentices, the Federal Office and Research Centre established on 31 December 2004 pursuant to the Federal Act on the Federal Offices for Agriculture and Forestry and the Agricultural Federal Institutions for Forest and research and training centre for forest, natural hazards and landscape in a training relationship according to the Vocational Training Act, BGBl. No. 142/1969, do not change after the reference date. The research centre is part of the Federal Government's training commitment.

(7) Until the entry into force of a collective agreement in accordance with section 8 of the contract, the Act of Order 1948 shall be deemed to be the content of the employment contract until the entry into force of a collective agreement under the provisions of Section 8.

(8) The Research Centre shall be collectively contractable as an employer for its employees. The Head shall immediately enter into the necessary negotiations for the conclusion of a collective agreement for the period from 1 January to the next year. January 2005 to a staff working relationship with the Research Centre, with the aim of completing the contract by 31 December 2005. Collective agreements shall not apply to staff members pursuant to Section 22 (1).

Final provisions

§ 25. (1) The Research Centre shall be deemed to be an operating company within the meaning of Section 2 (5) of the Corporate Tax Act 1988, BGBl. 401. All charges and fee-law benefits granted to the Federal Government on the basis of federal regulations are also applicable to the Research Centre, insofar as it is active in the performance of its statutory tasks. The research centre is exempt from administrative charges as well as judicial and judicial administrative charges.

(2) The Federal Minister of Agriculture, Forestry, the Environment and the Federal Minister for Agriculture, Forestry, Environment and Water Management can advise the Research Centre and the Federal Minister for Agriculture, Forestry, Environment and Water Management in matters of science and research. Water management specialist advisory councils are set up.

(3) The right to publish research and work results for the first time shall be exclusively available to the Research Centre. In the publication, the research center has to describe the clerk as the author of the same. However, if a publication by the Research Centre is not intended, the clerk may publish the result of his work with the consent of the director himself. In the case of publication, it should be noted that the work on which the results are based has been carried out at the Research Centre. The clerk has to leave two copies of the publication to the research center. On service inventions in accordance with § 7 (3) of the Patent Law, BGBl. No 259/1970, which are made at the Research Centre within the framework of a public service or private-law service or training relationship with the Federal Government or in the context of a working or training relationship with the Research Centre, is the Patent Act with the proviso that the Research Centre shall be regarded as a service provider in accordance with Section 7 (2) of the Patent Law. Every service finding is to be brought to the attention of the head without delay. If the Research Center wishes to use the service invention in its entirety or a right of use for it, the Head of the Research Centre shall inform the inventor within three months. Otherwise, this right is to the inventor.

(4) Paragraph 3 shall not apply if something else is stipulated in the contract for activities in accordance with Section 5 (1).

(5) The Research Centre has the Federal Law on the awarding of contracts for the award of contracts in 2002, BGBl. I No 99.

(6) The Bundespensionsamt, the Bundesrechenzentrum Gesellschaft mit beschränkter Haftung and the Bundesprocungsgesellschaft mit beschränkter Haftung have tasks for the Research Centre on its request against payment.

(7) The Research Centre shall be entitled, subject to the provisions of the Procuration Act, StGBl. No. 172/1945, to seek legal advice and representation by means of the financial procuration for remuneration.

(8) The activity of the Research Centre is the public sector according to § 5 (1) and (2) of the Data Protection Act 2000, Federal Law Gazette (BGBl). I No 165/1999.

(9) The Research Centre shall be subject to control by the Court of Auditors.

(10) The services of the Research Centre are the provisions of the Federal Equal Treatment Act-B-GBG, BGBl. No 100/1993.

(11) As far as other federal laws are referred to in this Federal Act, this reference refers to the version in force in each case.

(12) As far as designations relating to natural persons are cited in this federal law only in male form, they relate to women and men in the same way. In applying the designation of certain natural persons, the gender-specific form must be used in each case.

(13) The activities of the Research Centre on the basis of this Federal Act are not subject to the provisions of the 1994 Commercial Code, BGBl. No. 194.

(14) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the Research Centre at its request for the fulfilment of the tasks assigned to the Research Centre pursuant to § 4, which the Federal Minister for Agriculture, forestry, the environment and water management from the Federal Office of Eich-und Vermessungswesen or other federal services, to provide free of charge.

(15) If it is necessary to achieve the objectives set out in § 1 or the tasks referred to in § 4, the Federal Minister of Agriculture, Forestry, Environment and Water Management may, by means of a regulation, further tasks to be carried out by the Research Centre, which At the time of the entry into force of this Federal Act, the Federal Minister for Agriculture, Forestry, Environment and Water Management will be responsible for the transfer of this federal law.

(16) The Federal Government shall be liable for the damage suffered by organs or service employees of the Research Centre or other persons on behalf of the Research Centre pursuant to this Act in the performance of sovereign duties, according to the Provisions of the Official Liability Act, BGBl. 20/1949. In this case, the Federal Government has the Research Centre and the Research Centre, for its part, to proclaim the dispute to the Research Centre, which it deems liable for the right to a refund (Section 21 of the Code of Civil Procedure, RGBl. No 113/1895), which may accede to the litigation as a secondary intervener (Section 17 of the Code of Civil Procedure). The research centre and the person who inflicted the damage shall not be liable to the injured party.

(17) If the Federation has replaced the injured party with the damage in accordance with paragraph 16, it may request a full refund from the Research Centre if such damage is done by bodies or contractors of the Research Centre or by other persons on behalf of the Research center was deliberately or grossly negligent.

(18) If the Research Centre has made a refund in accordance with paragraph 17, it shall be entitled, in accordance with § § 3, 5 and § 6 (2) of the Administrative Liability Act, to demand a refund from the person who considers it liable for the right to a refund. In this procedure, the persons employed for the restitution are exempt from the obligation of confidentiality (§ 6).

(19) The Research Centre shall be liable to the Federal Government for the damages directly inflicted upon the Federal Government by the institutions or service employees of the Research Centre or by other persons on behalf of the Research Centre in the performance of its duties. Provisions of the Organic Liability Law Act, BGBl. No. 181/1967, with the proviso that the Act on Labor and Social Justice is not applicable and that the persons employed for liability are exempt from the obligation of confidentiality (§ 6).

(20) If the Research Centre has provided compensation for damages to the Federal Government pursuant to Section 19, it is entitled to demand a refund from the persons concerned in accordance with § 1, § 2 para. 2 and § 3 of the Organic Liability Act. The claim for a refund shall be statute-barred in six months after the end of the day at which the Research Centre has recognized the replacement claim with respect to the Federal Government or has been finally convicted of the replacement. In this procedure, the persons employed for the restitution are exempt from the obligation of confidentiality (§ 6).

Enforcement clause

§ 26. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be responsible for the enforcement of this Federal Act, insofar as the provisions of subsections 2 to 3 of this Act do not specify otherwise, in respect of:

1.		the rate to be determined in accordance with Article 3 (6) and the annual financial plan to be drawn up pursuant to Article 13 (5);
2.		§ 8 (2) and (6), 18 (8), 20 (4) Z 3 and Z 6 and 20 (5)
in agreement with the Federal Minister for Finance.

(2) The Federal Minister of Finance is responsible for the enforcement of Section 18 (1) Z 2.

(3) The Federal Minister of Finance is in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management with the enforcement of Sections 8 (3) to (5), 21 (2), second sentence, and (3), 22 (6) and 23 (23).

Article 8

Amendment of the Forest Act 1975

The Forestry Act 1975, BGBl. No 440, as last amended by the Federal Law BGBl. I No 78/2003, shall be amended as follows:

1. § 4 (3) last half sentence reads:

"In the case of afforestation in high altitudes, this is the zone within 500 vertical meters below the natural tree line, but this is only valid from the point of view of safeguarding the culture in the sense of § 13 para. 8."

2. In § 9 (2), the expression " (§ 105 para. 1 lit. c) " by the expression "(§ 105 (1) (3))" replaced.

3. In Section 21 (2), the word order shall be deleted "or Welfare Action" .

4. In § 22 (3a) the expression "Spaces" by the expression "Clearance" replaced.

5. § 61 (2) (1) (1) reads:

" 1.		for planning graduates of the training referred to in § 105 (1) (1) (1) (1)

6. § 105 (1) Z 1 reads:

" 1.		the forestry assistant the successful completion of the diploma studies of the study branch Forestry or Wildbach and avalanche sciences or of the Magister studies Forest Science of the study direction Forestry and Wood Management at the University for Soil Culture Vienna, "

7. In § 112 lit. a is the expression "§ 174 (4)" by the expression "§ 174 (3)" replaced.

8. In § 174, para. 7 lit. a is the expression " 4 lit. c and d " by the expression " 3 lit. c and d " replaced.

9. In § 185 (5) the expression "§ § 122 (2) and (3)" by the expression "Section 122 (2) and (3)" replaced.

Fischer

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