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138. Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, which changes the Plant Protection Regulation
Due to § 6 of the Plant Protection Act 1995, BGBl. N ° 532, as last amended by the Federal Law BGBl. I No 78/2003, shall be assigned:
The Plant Protection Regulation, BGBl. No 253/1996, as last amended by the BGBl Regulation. II No 463/2003, shall be amended as follows:
1. § 17 reads:
" § 17. Annexes I to V of the Plant Protection Act 1995 shall be defined as follows:
| 1. |
Annex I, Part A (harmful organisms, the introduction and spread of which is prohibited in the Member States or in the Member States): |
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| Annex I, Part A, of Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1), as amended by Directive 2002/36/EC amending certain Annexes to Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants and harmful organisms, and Plant products (OJ L 327, 22. No. OJ L 116 of 3.05.2002 p. 16); |
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| 2. |
Annex I, Part B (harmful organisms, the introduction and spread of which is prohibited in certain protected areas): |
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| Annex I, Part B, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2000, p. No. 1), as amended by Directive 2002/36/EC amending certain Annexes to Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants and harmful organisms, and Plant products (OJ L 327, 22. No. OJ L 116 of 3.05.2002 p. 16); |
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| 3. |
Annex II, Part A (harmful organisms, the introduction into and the spread of harmful organisms into or in the Member States where certain plants or plant products are infested): |
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| Annex II, Part A, of Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2000, p. No. 1), as amended by Directive 2003 /116/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction and spread of harmful organisms of the Community Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 321, 6.12.2003 p. 36); |
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| 4. |
Annex II, Part B (harmful organisms, the introduction and spread of which is prohibited in certain protected areas (s) in the event of infestation of certain plants or plant products): |
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| Annex II, Part B, of Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1), as amended by Directive 2003 /116/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction and spread of harmful organisms of the Community Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 321, 6.12.2003 p. 36); |
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| 5. |
Annex III, Part A (plants, plant products and other products which have been banned in the Member States): |
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| Annex III, Part A, of Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2000, p. No. OJ L 169 of 10.07.2000 p. 1); |
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| 6. |
Annex III, Part B (plants, plant products and other products which have been banned in certain protected areas): |
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| Annex III, Part B, of Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1), as amended by Directive 2003 /116/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction and spread of harmful organisms of the Community Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 321, 6.12.2003 p. 36); |
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| 7. |
Annex IV, Part A (special requirements for the movement of plants, plant products and other products to and within the Member States, to be submitted by all Member States): |
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| Annex IV, Part A, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.2000, p. No. 1), as amended by Directive 2003 /116/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction and spread of harmful organisms of the Community Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 321, 6.12.2003 p. 36); |
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| 8. |
Annex IV, Part B (special requirements for the movement of plants, plant products and other products into and within certain protected areas, to be submitted by all Member States): |
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| Annex IV, Part B, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1), as amended by Directive 2002/36/EC amending certain Annexes to Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants and harmful organisms, and Plant products (OJ L 327, 22. No. OJ L 116 of 3.05.2002 p. 16); |
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| 9. |
Annex V (plants, plant products and other objects to be subjected to a health inspection before being transferred within the Community at the place of production if they originate in the Community or prior to authorisation Imports into the Community in the country of origin or desalinding country, if they originate from third countries): |
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| a) |
Part A (plants, plant products and other objects originating in the Community): |
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| Annex V, Part A, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1), as amended by Directive 2003 /116/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction and spread of harmful organisms of the Community Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 321, 6.12.2003 p. 36); |
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| b) |
Part B (plants, plant products and other objects originating in areas other than those referred to in Part A): |
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| Annex V, Part B, to Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 206, 22.7.2000, p. No. 1), as amended by Directive 2003 /116/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction and spread of harmful organisms of the Community Plants and plant products (OJ L 136, 30.4.2004 No. OJ L 321, 6.12.2003 p. 36). |
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2. In § 18, after Z 21, the point shall be replaced by a stroke, and the following Z 22 shall be added:
| " 22. |
Directive 2003 /116/EC amending Annexes II, III, IV and V to Council Directive 2000 /29/EC laying down measures for the protection of the Community against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 30.11.2003, p. No. OJ L 321, 6.12.2003 p. 36). |
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3. In § 19, the point shall be replaced by a stroke point and the following Z 9 shall be added:
| " 9. |
Section 17, as amended by the BGBl Regulation. II No 138/2004 shall enter into force on 1 April 2004. ' |
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Pröll
