Law For The Conservation Of The Forest And To The Promotion Of Forestry

Original Language Title: Gesetz zur Erhaltung des Waldes und zur Förderung der Forstwirtschaft

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Law for the conservation of the forest and to the promotion of forestry (federal forest law) BWaldG Ausfertigung date: 02.05.1975 full quotation: "Federal Forest Act of May 2, 1975 (BGBl. I p. 1037), most recently by article 1 of the Act of July 31, 2010 (BGBl. I p. 1050) has been changed" stand: last amended by art. 1 G v. 31.7.2010 I 1050 for more information on the stand number found in the menu see remarks footnote (+++ text detection from validity) : 3.8.1984 +++) first chapter General provisions § 1 law purpose is purpose of this law in particular, 1 to get the wood because of its economic benefits (commercial function) and because of its importance to the environment, in particular for the ongoing performance of the ecosystem, climate, water resources, the prevention of air pollution, soil fertility, the landscape, agriculture and infrastructure and the rest of the population (protection and recovery function), if necessary to increase and to ensure its proper management , 2. the forestry sector to promote and bring about 3. a balance between the public interest and the interests of forest owners.

Section 2 (1) forest in the meaning of this Act is any area planted with forest plants. Considered forest also bald proposed or be lifted land forest trails, Waldeinteilungs - fuse-element strips, forest observation and clearings, glades, wild feeding places, wood storage bin, and more associated with the forest and serving him land.
(2) 1 base areas where trees are planted with the aim of speedy removals and their Bestände is a no forest in the meaning of this law are rotational time by no more than 20 years have (short rotational plantations), 2. land with trees at the same time used the cultivation of agricultural products (agroforestry use), 3 with forest plants broken surfaces on August 6, 2010 in which in section 3 sentence 1 of the IACS regulation of 3 December 2004 (BGBl. I S. 3194) , the last by article 2 of the Decree of 7 May 2010 (eBAnz AT51 2010 V1) has been changed, are designated areas identification system as agricultural land, as long as their agricultural use continues and 4 located the built-up area smaller surfaces, which are planted with individual groups of trees, rows of trees or hedges in the hallway or as nurseries are used.
(3) the countries can expect other land to the forest and exempt Christmas tree and jewelry sticks cultures and associated with the living area parks from the forest concept.

Article 3 types of forest ownership (1) State forest in the meaning of this law is forest that the sole is of the Confederation, a country or institution or Foundation under public law, as well as forest in the co-ownership of a country, insofar as it is recognized under national rules as State forest.
(2) corporate forest is in the meaning of this Act forest, which is the exclusive property of municipalities, municipal associations, the purpose associations and other bodies of governed by public law; the forest of religious communities and their institutions is excluded, as well as by real associations, Hauberg cooperatives, cooperatives of mark, Gehöferschaften and similar communities (community forests), as far as he is not recognized under national rules as corporate forest.
(3) private forest is forest that is neither forest nor corporate forest in the meaning of this Act.

§ 4 forest owners for forest owners within the meaning of this Act are the forest owner and the beneficial, provided that it is the owner of the forest.
Chapter two the forest section 5 regulations for the national legislation of the provisions of this chapter are frameworks for the provincial legislature. The countries should within two years after the entry into force of this Act rules corresponding to the provisions of this chapter including appropriate compensation schemes or adapt existing provisions.
Section I forestry framework planning and assurance functions of the forest planning and measures of carriers of public projects articles 6 and 7 (dropped out) backup functions of the forest in plans and actions of institutions of public projects have the support of public projects can section 8 assistance and measures which provide for a use of forest areas or that affect forests in their impact, 1. the functions of the forest according to § 1 No. 1 adequately into account;
2. the competent forestry authorities already during the preparation of plans and measures to inform and to listen to, as far as another form of participation is not prescribed by this law and other provisions.
Section II conservation and management of the forest, afforestation article 9 conservation of the forest only (1) forest cleared with approval the competent according to national law and be transformed into another type of use (conversion). When deciding on a request for conversion are the rights to weigh obligations and economic interests of the owner of the forest, as well as the interests of the general public against each other and among themselves. The permit shall be denied if the preservation of the forest is mainly in the public interest, in particular if the forest for the capacity of the ecosystem, is the production of forestry or the rest of the population essential.
(2) a conversion of forest can be approved for a certain period of time; requirements is to make sure that the land is replanted properly again within a reasonable period of time.
(3) the countries can determine that the conversion 1 no authorisation referred to in paragraph 1, if another type of use has been determined for the forest area due to other public service legislation legally binding;
2. further restrictions subject to or, prohibits in particular in protection and recreation forest, will.

§ 10 afforestation (1) the afforestation of land requires the approval of the competent according to national law. The permit must be refused only when requirements of spatial planning and land use planning of afforestation can conflict, and not by conditions are met. § 9 para 1 sentence 2 shall apply accordingly.
(2) the countries can determine that the afforestation 1 any authorisation, if the afforestation area due to other public service legislation legally binding was fixed or requirements of spatial planning and land use planning are not touched
2. further restrictions subject to or also prohibited.

§ 11 (1) forest management the forest should be managed properly and sustainably in the context of its intended use. By State law, is at least the obligation for all forest owners to settle, bald proposed forest areas or are lifted to replant forests in due time 1 or supplement 2, provided that the natural restock remains incomplete, if not convert to another type of use is otherwise permitted or approved.
(2) in the case of the management 1 should the function of the forest as an archive of natural and cultural history, and 2. in the case of Park, garden and cemetery installations the conservation concerns be taken.

§ 12 forest preserve (1) forest can be explained to forest preserve, if it is necessary significant disadvantages or considerable nuisances for the general public to avert or prevent dangers, to certain forestry measures or to refrain from. The Declaration comes to protection forest in particular into consideration for protection against harmful environmental impacts within the meaning of the Federal Immission Control Act of 15 March 1974 (Bundesgesetzbl. I p. 721), erosion by water and wind, drying, damaging flow of rain water and avalanches. section 10 of the Federal Highway Act and article 51, paragraph 1, sentence 1 No. 3 of the water resources Act remain unaffected.
(2) a Declaration on forest preserve referred to in paragraph 1 need not, if the protection forest property is immediately given on the basis of national regulations.
(3) a k blow or a light felling this upcoming equal in effect requires in the protection forest of authorisation the competent according to national law. The approval can be connected to requirements, insofar as this is necessary for the preservation of the functions of the forest.
(4) the detailed rules the countries. You can commit the forest owner by further regulations to refrain from certain actions in the protection forest or perform.

§ 13 recreational forest (1) forest can be explained to recreational forest, if the common of good requires it, to protect forest areas for purposes of recreation, to maintain or to make.
(2) the further regulate the countries. In particular provisions enacted over 1 you can the forest management type and size;
2. the restriction of hunting to protect of the forest visitors;
3. the obligation of the owner of the forest, the construction, the construction and the entertainment of paths, benches, to put up shelters and similar facilities or facilities and the removal of unwanted plants or facilities;
4. the behaviour of forest visitors.

Article 14 allows entering of the forest (1) which is entering the forest for the purpose of recreation. Cycling, driving with bears and horseback riding in the forest is allowed only on roads and paths. Use is at your own risk. This applies in particular for typical forest threats.
(2) the countries laid down by. You can restrict access to the forest for important reasons, in particular the forest protection, forest or wildlife management, to protect of the forest visitors or to prevent serious damage or other worthy protection interests of the forest owner, and wholly or partly equate entering other types of use.
Third chapter of forestry associations section I General provisions article 15 types of forestry associations of forestry associations within the meaning of this law are recognized forestry communities (section II), forestry associations (section III) and recognized forestry associations (section IV).
Section II forestry communities article 16 term forestry communities are private associations of landowners that have the purpose to improve the management of the connected forests and specific to the afforestation of land (land), to overcome particularly disadvantages of low size, unfavourable surface shape, the fragmentation of ownership, batch able, of insufficient forest outcrop or other structural defects.

Article 17 tasks of the forestry community which forestry community must have one or more of the following measures to the task: 1 vote of operating plans or operating reports and the economic plans as well as the forestry sub-projects;
2. coordination of projects essential for the production of forestry and sales of timber or other forest products;
3. execution of forest cultures, land improvements and inventory maintenance including forest protection;
4. construction and maintenance of roads;
5. implementation of logging, timber processing and the skidding;
6 procurement and use of machines and devices for several of the measures summarized in paragraphs 2 to 5.

Article 18 recognition (1) a forestry community is recognized by the competent national law at the request if it meets the following requirements: 1. you must be a legal entity of private law;
2. she must allow a significant improvement in the management according to size, location and connection of all connected plots;
3. that statute or memorandum must contain provisions of a) the task;
(b) the financing of the task;
(c) the right and the duty of the forestry community, on the fulfilment of the task to wake;
d) Feuerbach or penalties for culpable breach of essential obligations of membership;
(e) the obligation of the members, the wood for sale whole or in part by the forestry community for sale offer if she has the sale of wood to the task.
4. If the legal form of the cooperative or of the legal association with economic business is selected, so the Statute must also determine: a) the conditions for the acquisition and loss of membership, where membership can be terminated at the earliest at the end of the third full business year and that at least one year, be notice
(b) the bodies, their tasks, and the kind of decision making. It determined that decisions about the nature and extent of the forestry measures to be implemented, as well as on common rules of sale, are to cover as far as not voting is about to the Board of Directors according to the statutes, by the general meeting and shall require a majority of two thirds of the votes be;
5. If the form of a capital company is selected, so must be ensured, that the shareholder the task jointly pursue at least three full fiscal years long;
6. it must include at least seven members;
7. you must leave a significant competition on the timber market.
(2) the obligation referred to in paragraph 1 No. 3 letter e does not apply to the amount of wood for the members before their accession; entered into purchase agreements they have to teach the forestry community on the scope and duration of these contracts prior to the date of accession.
(3) a forestry joint community forests belong to, so she can be recognized if it comprises less than seven members.

Article 19 award of legal capacity to clubs has the Forestry Association elected the legal form of the incorporated association with economic business operations, so the legal capacity may be conferred on him by the authority responsible for the recognition at the same time with the recognition pursuant to § 22 of the civil code.

Article 20 withdrawal of recognition of that competent authority may the national law the recognition revoked if a recognition condition no longer exists or if the forestry community their task while not a longer period of time or has inadequately fulfilled.
Section III forestry operating associations article 21 term and task (1) forestry associations are associations of property owners in the form of public bodies which pursue the purpose referred to in section 16.
(2) section 17 also applies for the task. She can not be extended on the community implementation of uniform operating plans.

Article 22 conditions for the formation of a forestry Association (1) a forestry Association can be made only for forestry particularly unfavourable structured areas.
(2) other requirements are that the merger a substantial improvement of the management allows 1 to size, location and context of the eligible land;
2. the merger consist is a major competition on the timber market;
3. at least two-thirds of property owners, representing at the same time, at least two-thirds of the area of education agree;
4. a to all affected property owners has remained focused prompt of the competent according to national law, to establish a forestry farm community (section II), without success.
(3) the prompt has no. 4 referred to in paragraph 2 to the authority a deadline. The deadline should be usually a year and may not exceed two years.
(4) land, which serve special public purposes or intended to be used, can be included in a forestry Association only with the consent of the copyright holder.

Section 23 Education Association of forestry (1) establishing a forestry Association held a preliminary meeting to the authority competent under national law, draws up draft statutes and a preliminary list of the involved land and their owners and convene the inaugural meeting.
(2) the articles of incorporation requires the approval of the competent according to national law.
(3) the Forestry Association is created with the public announcement of the Statute.
(4) the land Governments are empowered to settle details of the establishment procedure, approval, and publication of the Statute by regulation. The State Governments can transfer this authorisation to Supreme Land authorities.

§ 24 membership (1) members of an Association of forestry are the owners of the involved land. Other than the beneficial owner, owner is so he can take over whose rights and obligations for the duration of his right of use with the consent of the owner. The transfer of rights and obligations is to explain in writing to the Forestry Association as well as the consent of the owner.
(2) the Statute may permit the accession of further members.

§ 25 statute (1) is the Statute of the members with the section 22 par. 2 No. 3 designated majority decided.
(2) the statutes of the Forestry Association must contain provisions about: 1 his name and his seat;
2. its task;
3. the rights and duties of members;
4. the voting rights of members;
5. its Constitution, its administration and its representation;
6. the scale for the allocation and the basis of assessment for contributions;
7. the co-ordination, economic and Treasury management and financial management;
8. the use of the assets on dissolution of the Forestry Association.
(3) the provisions of section 18, paragraph 1 (e) and paragraph 2 shall apply no. 3.

Section 26 bodies of the Forestry Association are organs of the Forestry Association the Association meeting, the Management Board and, insofar as it stipulates the Statute of the Association Committee.

Article 27 tasks the Association general meeting the Association general meeting elects the Board of Directors and its Chairman. She decides the amount of levies and contributions of 1.
2. the budget, the annual financial statements and the use of proceeds;
3. discharge of the Executive Board;
4. the amendment of the statutes;
5. the acquisition, disposal and encumbrance of land by the Forestry Association;
6. the dissolution of the Forestry Association;
7. the matters assigned to it in the Charter.

§ 28 chaired the Association meeting, convened and votes (1) chaired the Association general meeting the Chairman of the Board leads.
(2) the Chairman has to convene the meeting of the Association at least once a year. He must convene them if requested by at least two tenths of the members or by the supervisory authority in writing, stating the agenda.
(3) the right to vote of the members is set according to the size of their land in the Statute. Each Member has at least one vote. No Member shall have more than two-fifths of the total votes. The Association Assembly decides by a majority of the votes cast, unless this law or the Statute otherwise determined.

§ 29 Executive Board (1) the Board of the Forestry Association consists of the Chairman and at least two other members.
(2) the Board of directors manages the Affairs of the Association. He represents him and out of court.

§ 30 Association Committee in the articles of association can be determined, that an Association Committee will be formed. Affairs can be assigned to the Statute without prejudice to the section 27 this of less importance for decision. In addition, it can be determined that the Association Committee is involved in certain administrative tasks of the Management Board.

Article 31 decides to amend the Statute (1) through an amendment of the statutes the Association general meeting by a majority of at least two-thirds of the votes of all members.
(2) the amendment to the Constitution requires the approval of the competent according to national law. The change takes effect with their publication.

§ 32 withdrawal of land (1) land, which forestry use or provision final changes on the basis of a legal provision or a governmental request or permission, opt out of the Association of forest with the completion of the conversion.
(2) in the other, leaving a parcel of land from the Association of forest of the approval of the competent national law requires. The permit may only be issued if there is an important reason. She shall be refused if the withdrawal would endanger the carrying out of the task of the Forestry Association. For the land referred to in § 22 para 4 is the approval granted if the beneficial owner's request.

§ 33 levy contributions (1) the Forestry Association charges members a levy if its other revenue is not sufficient to meet its financial needs. The levy should be measured regularly according to the size of the land belonging to the Forestry Association. A different scale can be used if appropriate.
(2) the Forestry Association may collect contributions by members for specific purposes or services.

Article 34 supervision (1) of the Forestry Association is subject to the supervision of the competent according to national law. It requires the approval of the supervisory authority 1 for sale and loads of land and land rights;
2. to take loans and to the acquisition of guarantees.
(2) in the other, the supervision of the Forestry Association determined according to national law. The State Governments be empowered by decree to regulate the powers of the supervisory authority; These appropriations can be transferred to Supreme Land authorities.

§ 35 Association directory of Forestry Association keeps a register of the participating sites, the owners and their voting rights. The State Governments are authorised to determine more about the construction and management of the Association directory by regulation. The State Governments can transfer this authorisation to Supreme Land authorities.

Resolution of the Forestry Association (1) that Association meeting by a majority of at least three-quarters of the votes of all members, the dissolution of the Forestry Association decide section 36.
(2) the decision requires the approval of the competent according to national law.
Section IV forestry associations § 37 term and task (1) forestry associations are private groupings of recognized forestry communities, forestry associations or forestry cooperatives formed under State law or similar associations including the community forestry for the sole purpose to promote the adaptation of forestry production and sales of forest products to the requirements of the market.
(2) forestry associations may have only the following measures to the task: 1 briefing and consulting the members, as well as participation in forest planning framework;
2. coordination of the paragraph;
3. market-driven processing and storage of the products;
4. marketing of the products of the members;
5. procurement and use of machines and equipment.

Article 38 recognition (1) a forestry Association is recognized by the authority at the request of national law if it meets the following requirements: 1. you must be a legal entity of private law;
2. she must be suitable to contribute to the adaptation of forestry production and sales of forest products sustainably;
3. its statutes or their memorandum of association must contain provisions about a) their task;
(b) the financing of the task;
4. you must leave a significant competition on the timber market.
(2) the authority competent under national law may allow joining individual landowners, which can be not a member of a forest community or Association of forestry, the Forestry Association.
(3) articles 19 and 20 shall apply mutatis mutandis.
Section V supplementary provisions article 39 other mergers in the forestry (1) according to the regulation on the formation of economic groupings in the forestry of 7 May 1943 (Reichsgesetzbl. I p. 298) formed associations of forest forestry associations are equal, as far as its purpose is limited not wholly or mainly on the recruitment of staff.
(2) if the forestry associations referred to in paragraph 1 its statute not the law of forestry associations of 1 September 1969 (Bundesgesetzbl. I p. 1543), amended by the introduction Act to the Penal Code of 2 March 1974 (Bundesgesetzbl. I p. 469), timely have adapted the authority competent under national law may adopt a section 25 in compliance-related articles.
(3) the forestry associations so far recognized by national law private law are immediately recognized forestry communities until they are explicitly recognized according to § 18, but no later than four years after the entry into force of this Act. The same is true for not formally recognized associations of private law and for landowners who have signed contracts through community support, if the authority competent under national law determines that they have met so far at least, the requirements of section 17 and section 18 para 1 Nos. 2, 6 and 7 with a Forestry Commission and are worthy of support.
(4) in the other, affect the national rules on mergers in the forestry.

Article 40 exemption from provisions of the Act against restraints on competition (1), section 1 of the Act against restraints on competition shall not apply to decisions by associations of forestry production establishments, recognized forestry communities, forestry associations and forestry associations, insofar as they relate to the forestry production and sale of forest products. The same applies to the public forest management cooperatives formed under State law and similar groupings in the forestry, provided they leave a significant competition on the timber market.
(2) a recognized Forestry Association in the sense of this law must advise their members in the price formation and toward its members make award recommendations for this purpose.
(3) in the other, the provisions of the Act against restraints on competition remain unaffected.
(4) as groups forestry producers, forest community, forestry co-operatives, forestry associations are viewing ownership cooperatives and similar associations, whose sphere of activity not much beyond the area of a town or a community and that the community implementation of forstbetrieblicher measures are made or have been made.
Fourth chapter promotion of forestry, information disclosure section 41 promotion (1) forestry to due to the commercial, protective and recreational functions of forests according to § 1 publicly promoted.
(2) the promotion should be directed in particular to the securing of the policies for the economy of investments for the conservation and sustainable management of the forest. For this purpose is the forestry sector, taking into account their natural and economic peculiarities especially with the means of economic, transport, to put agricultural, social and tax policies in the State, to use the forest in economically reasonable conditions, and maintain.
(3) the Federal Government reported the German Bundestag in the report according to § 4 of the agriculture law of September 5, 1955 (Bundesgesetzbl. I S. 565) on the basis of the economic results of the State Forestry Administration and forest enterprise statistics on the situation and development of forestry and the timber industry of the Federal territory structure as well as the measures necessary for the promotion of forestry. This report also covers the loads from the protective and recreational functions.
(4) the Federal Government participates in the funding of forestry under the law on the joint task "Improvement of agricultural structure and coastal protection" of 3 September 1969 (Bundesgesetzbl. I S. 1573), amended by the law amending the legislation on the community tasks by December 23, 1971 (Bundesgesetzbl. I P. 2140).
(5) State grants under the Act referred to in paragraph 4 shall receive: 1 forestry associations within the meaning of this Act and § 39 equals other mergers in forestry as well as the public forestry cooperatives formed under State law and similar groupings including the community forestry, if their task on the improvement of forestry production or the promotion of forest products extends, and they are a significant competition on the timber market leave;
2. holder of agricultural or forestry companies or landowners, as far as their forest does not have forestry associations projects.

section 41a forest surveys (1) to carry out the tasks of this law, as well as to the implementation of legal acts of the European Union or internationally binding agreements in the area of application of this Act is subject to paragraph 3, every ten years perform a forest area inventory related to the whole Federal territory on a sample basis (national forest inventory). She will provide an overview of the large-scale forest relations and forest production possibilities. This required measurements and descriptions of the forest condition (basic data) are to make in accordance with a uniform procedure. Federal nature conservation act to ensure this is on the recoverability of the basic data in the context of the observation according to § 6.
(2) the countries impose the basic data referred to in paragraph 1; the Federal Ministry of food, agriculture and consumer protection puts them together and evaluates them.
(3) to the fulfilment of reporting obligations, composed on the basis of binding international agreements on the protection of the climate, the Federal Ministry of food, agriculture and consumer protection collects data to the carbon stocks in the forest where necessary in the years between two federal forest inventories.
(4) it is entitled with the preparation and implementation of the paragraphs 1, 3, and persons responsible for forest surveys under paragraph 6 referred to in regulations are to enter land to fulfil its mandate, as well as making the necessary data collection and sampling on these plots.
(5) the Federal Ministry of food, agriculture and consumer protection is authorised to adopt further rules on the law applicable for the national forest inventory sampling procedure and the basic data to be determined by decree with the consent of the Federal Council.
(6) the Federal Ministry for food, agriculture and consumer protection may provide by decree with the consent of the Federal Council that data 1 to the nutrient supply and contamination of forest soils (soil condition survey), 2 to the vitality of the forests, 3. to cause-effect relationships in forest ecosystems can be raised and this detailed rules of the time, the procedures and the basic data to discover. In the event of an Ordinance pursuant to sentence 1, paragraph 2 shall apply mutatis mutandis.

Section 42 (1) accountability have natural and legal persons and not unincorporated associations of persons to provide information to the competent authorities on request, which are required to carry out the tasks entrusted to the authorities by this Act or on the basis of this Act.
(2) the party may refuse the information on such questions whose answering would put himself or one of the members of the risk of criminal prosecution or proceedings referred to in § 383 paragraph 1 to 3 of the code of civil procedure under the law on administrative offences.

§ 43 is violation of information disclosure (1) any person who intentionally or negligently not, incorrectly, incompletely or not in time gives information contrary to § 42 para 1.
(2) the offence can be punished with a fine up to ten thousand euros.
Fifth chapter final provisions article 44 General administrative regulations the Federal Ministry of food, agriculture and consumer protection issues with the consent of the Federal Council that for the implementation of paragraphs 15 to 40 and 41 required general administrative provisions.

Application of the law in special cases (1) on land that the federal police or 3 of the civil air traffic purposes 1 the defence including the protection of the civilian population, 2., § 45 according to §§ 6 are only to apply 7 and 9 to 13 of this Act adopted national regulations, where the intended use is not affected.
(2) target at which in paragraph 1 No. 1 and 2 these purposes serve, forest is converted to another type of use (section 9), an area be first afforested (§ 10), in paragraph 1 No. 1 and 2 mentioned purposes used for protection forest (§ 12) or recreational forest (§ 13), is to hear the higher forestry authority. It is necessary to depart from the opinion of this authority, the competent Federal Ministry in consultation with the concerned federal ministries and in consultation with the competent national law Supreme National Authority decides about this. A consultation procedure will state procurement law, according to § 1 section 1 protection area act or § 30 para 3 air traffic Act take place, so the forest needs in this procedure are finally to discuss.
(3) the authorities of the Federal Government and the federal authorities, establishments and foundations under public law have in planning and measures, can which provide a use of forest land or affecting forests in their impact, to observe the regulations of § 8.
(4) paragraphs 1 and 2 shall not apply in Berlin, Germany.

Article 46 amendment of regulations - section 47 (dropped out) section 48, repeal of provisions (1) this law into force shall on the day after the announcement.
(2) at the same time following rules override occur: 1 the law on forestry unions by September 1, 1969 (Federal Law Gazette I p. 1543), amended by the introduction Act to the Penal Code of 2 March 1974 (Bundesgesetzbl. I P. 469);
2. the regulation to promote the forestry and pastoralism by February 7, 1924 (Reichsgesetzbl. I P. 50);
3. the law against forest destruction by January 18, 1934 (Reichsgesetzbl. I p. 37), as amended by the introduction Act to the law on administrative offences from May 24, 1968 (Bundesgesetzbl. I P. 503);
4. the regulation on the prevention and control of forest fires in the in the owned of the Empire or of the countries forests by June 18, 1937 (Reichsgesetzbl. I P. 721);
5. the regulation to promote the timber extraction by July 30, 1937 (Reichsgesetzbl. I P. 876).