Plant Inspection Regulation

Original Language Title: Pflanzenbeschauverordnung

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Plant inspection regulation PflBeschauV 1989 copy date: 10.05.1989 full quotation: "plant inspection regulation as amended by the notice of 3 April 2000 (BGBl. I S. 337), most recently by article 2 of the Decree of 21 July 2014 (BGBl. I p. 1204) is changed" stand: Neugefasst by BEK. v. 3.4.2000 I 337;
 
as last amended by article 2 V v 21.7.2014 I 1204 for details on the stand number you found in the menu under instructions this regulation serves the following directives: 1. Directive 77/93/EEC of the Council on measures for the protection of the community against the introduction and spread of organisms harmful to plants or plant products (OJ EC No. L 26, p. 20), as last amended by Directive 1999/53/EC (OJ EC No. L 142, p. 29), 2 Directive 92/71/EEC of 2 September 1992 the percentage of consignments, which undergo a phytosanitary -, document and identity checks in transfers from one Member State to another (OJ can be EC No. L 275 p. 24), 3. Directive 92/76/EEC of the Commission for the recognition of Community protection zones exposed to particular plant-health risks (OJ EC No. L 305 p. 12) in force after amendment by Directive 98/100/EC of 21 December 1998 (OJ EC No. L 351 S. 35), 4. Directive 92/90/EEC of 3 November 1992 establishing the obligations of producers and importers of plants, plant products or other objects, as well as the details of their registration (OJ EC No. L 344, p. 38), 5 Directive 92/105/EEC of 3 December 1992 establishing a limited harmonisation of plant passports to be used for the movement of certain plants, plant products or other objects within the community, establishing the procedure for its issuance, the criteria and the procedure concerning exchange of passports (OJ EC No. L 4 p 22), 6th directive 93/50/EEC of 24 June 1993 on the official registration of producers of certain not in annex V, part A to Directive 77/93/EEC of the Council of listed plants or the collection and shipping points in the field of production (OJ EC No. L 205 S. 22), 7th Directive 93/51/EEC of 24 June 1993 laying down rules on the movement of certain plants, plant products and other objects through protected areas and the movement of certain plants, plant products and other objects originating in and within protected areas (OJ EC No. L 205 S. 24), 8 Directive 94/3/EC of 21 January 1994 establishing a procedure for reporting the complaint of a consignment or a harmful organism, come from a third country and represent a direct danger to plant health (OJ EC No. L 32 p. 37, OJ EC No. L 59 S. 30), 9 decision of the Council of the European Union of 1 January 1995 adjusting the documents concerning the accession of new Member States to the European Union (OJEU) EC No. L 1 S. 12), 10 specific directive 95/44/EC of 26 July 1995 with the conditions, plants, plant products and other objects listed in annexes I to V of to Directive 77/93/EEC for experimental, research and breeding purposes in the community under which or certain protected zones of thereof may be introduced or is spent (OJ EC No. L 184 p. 34, OJ EC 1996 No. L 91, p. 78), as last amended by Directive 97/46/EC (OJ EC No. L 204, p. 43).
Footnote (+++ text detection from: 20.5.1989 +++) (+++ official notes of the standard authority on EC law: implementation of EWGRL 93/77 (CELEX Nr: 31977 L 0093) EWGRL 71/92 (CELEX Nr: 31992 L 0071) EWGRL 76/92 (CELEX Nr: 31992 L 0076) EWGRL 90/92 (CELEX Nr: 31992 L 0090) EWGRL 105/92 (CELEX Nr: 31992 L 0105) EWGRL 50/93 (CELEX Nr: 31993 L 0050) EWGRL 51/93 (CELEX Nr: 31993 L 0051) EGRL 3/94 (CELEX Nr: 31994 L 0003) EGKSBes 1/95 (CELEX Nr)) : 31995D0001) EGRL 44/95 (CELEX Nr: 31995 L 0044) cf. BEK. v. 3.4.2000 I 337 implementation of EGRL 32/2001 (CELEX Nr: 32001L 0032) EGRL 33/2001 (CELEX Nr: 32001L 0033) cf. V v. CropCircles I 2240 implementation of EGRL 28/2002 (CELEX Nr: 32002L 0028) EGRL 29/2002 (CELEX Nr: 32002L 0029) cf. V v. 6.6.2002 I 1789 implementation of EGRL 28/2002 (CELEX Nr: 32002L 0028) EGRL 29/2002 (CELEX Nr: 32002L 0029) cf. V v. 5.12.2002 I 4493 implementation of EGRL 36/2002 (CELEX number 32002 L 0036) EGRL 21/2003 (CELEX number 32003 L 0021) EGRL 22 /. 2003 (CELEX number 32003 L 0022) EGRL 46/2003 (CELEX number 32003 L 0046) EGRL 47/2003 (CELEX Nr: 32003 L 0047) cf. V v. 5.6.2003 I 799 implementation of EGRL 116 / 2003 (CELEX Nr: 32003 L 0116) EGRL 31/2004 (CELEX Nr: 32004 L 0031) EGRL 32/2004 (CELEX Nr: 32004O0032) EGRL 70/2004 (CELEX No.: 32004 L 0070) cf. V v. 9.8.2004 I 2110 +++) first section General provisions § 1 definitions (1) for the purposes of this regulation are 1 identification : Finding is made by a member of an official plant protection service or under his responsibility by a different Member of the public service;
2. plants: each input or application of plants with the aim of, their growth, their reproduction or replication to allow or promote;
3. reserve: area within the European Union, for the protection against the risk of introduction of harmful organisms special prohibitions or restrictions laid down;
4. third country: State which is not a Member State; Third country within the meaning of this regulation are also the Canary Islands and the French overseas departments;
5. Innergemeinschaftliches movement: Movement of harmful organisms, plants, plant products or other objects within the European Union, including inland;
6 transit: a) importation of harmful organisms, plants, plant products or other objects from a third country or b) intra-Community movement of harmful organisms, plants, plant products and other objects, which are imported from a third country to a Member State with subsequent export to a third country;
7th international standard: standard for phytosanitary measures, which, created in accordance with the International Plant Protection Convention
8 import: No. 8 in conjunction with no. 7 of Regulation EEC No 2913/92 of 12 October 1992 establishing the customs code (OJ spend of non-Community goods within the meaning of article 4 EC No. L 302, p. 1) from a third country within the scope of this regulation, 9 broadcast: a lot of goods, which are covered in terms of formalities connected with the movement of goods, in particular customs formalities, in a single document.
A programme within the meaning of the sentence may consist of one or more lots 1, point 9.
(2) if in the following regulations on annexes to Directive 2000/29/EC of 8 May 2000 on measures to protect of the community against the introduction and spread of organisms harmful to plants or plant products (OJ EC No. L 169, p. 1), as last amended by Directive 2005/16/EC of 2 March 2005 (OJ EU no. L 57 S. 19), referenced, are to apply the annexes in the currently valid version. These attachments are changed or adapted according to the procedure provided for in the directive to the new phytosanitary situation, the annexes as amended amended or adapted and published in the official journal of the European Union at the beginning of the day of application laid down in the modification or customization policy are to apply.

§ 1a reporting obligations (1) who in the framework of his professional or commercial dealings with plants, plant products or wood packing materials becomes aware of the occurrence or suspicion of the occurrence of a harmful organism, 1 part A, section I or in annex II, part A, section I is listed of Directive 2000/29/EC in annex I, 2 in annex I part A, section II , in annex I part B, in annex II, part A, section II or in annex II, part (B) of Directive 2000/29/EC is listed and was still not known its occurrence in the country 3 which is listed in either annex I or annex II of Directive 2000/29/EC and its coming in in the country was so far unknown or 4 for the the European Commission according to the procedure of laid down in article 18 (2) of Directive 2000 /. 29/EC which amended or the Council of the European Union has adopted special measures, is obliged to show this without delay, specifying the location of the plant or the storage location of the plant products or of the wooden packaging material of the competent authority. To show the lack of is the number 15 (ISPM No. 15) in imported wooden packing material a marking according to on the basis of the International Plant Protection Convention of created international standards for phytosanitary measures.
(2) for the immediate notification of public or private inspection bodies which carry out investigations on plants, plant products or wood packaging material, are obliged, if they get knowledge of the occurrence or suspicion of occurrence of the harmful organism referred to in paragraph 1.
(3) (lapsed) § 1 b obligations in specific cases
Who grow potatoes originating in Poland for professional or commercial purposes, prepare, store or process wants to, this, stating the date of the arrival of potatoes, the location, the storage location or place of processing and of the intended purpose of potatoes of the competent authority has to show no later than one working day prior to the expected arrival of the potatoes and allow an investigation by the competent authority. The competent authority may conduct an investigation of the potatoes.

§ Carry out investigations as far as it is necessary for the detection of harmful organisms, can be 1 c in the investigations which are required or permitted under this regulation this regulation, destroy infested items.

§ 1 d guidelines is one created by the Julius Kühn Institut in cooperation with the competent authorities and published guidance for combating a particular pest in in the Federal Gazette, the competent authority consider this guideline when deciding the applicable measures for combating the harmful organism or to ward off the danger of the spread of the harmful organism.
Second section imports from a third country and transit, export article 2 ban on harmful organisms that may harmful organisms listed in annex I part A of Directive 2000/29/EC from a third country not be introduced.

§ 3 ban on infected plants, plant products and other objects (1) plants, plant products and other items, which are, from one which infected part A to Directive 2000/29/EC harmful organisms listed in annex I may not be introduced from a third country.
(2) the plants referred to in annex II, part A to Directive 2000/29/EC and plant products must not be inserted in a third country if they are infested with the respectively specified harmful organism. The competent authority may prohibit the harmful organisms listed in annex II, part A to Directive 2000/29/EC be introduced as the plants referred to in annex II, part A to Directive 2000/29/EC and plant products alone or on others.
(3) If a part of a show of infestation found a third country so the other parts may be imported only as far as they are not suspected of infestation and a spread of the harmful organism in the separation of the parts seems impossible.
(4) clause 1 does not apply paragraph 1 and 2 plants, plant products and other objects for the European Commission in a legal instrument on the basis of article 3 paragraph 3 of Directive 2000/29/EC has determined an exception. The Julius Kühn Institut, Federal Research Institute for cultivated plants, acquaints acts pursuant to sentence 1 in the Federal Gazette.

§ 4 ban on plants, plant products and other objects in annex III, part A to Directive 2000/29/EC listed plants, plant products and other objects with origin in or origin area listed in each may not be imported from a third country. As far as prerequisites for the ban are listed in annex III, part A to Directive 2000/29/EC, applies only if these requirements are fulfilled.

§ 4a new harmful organisms (1) the competent authority is designed to import and the intra-Community movement 1 of a harmful organism, which is listed in the annexes to Directive 2000/29/EC and in the jurisdiction of the competent authority has not settled is, and 2. plants, plant products or other objects, affected by such a pest or suspected infestation, prohibit, restrict or make subject to disinfection or fumigation , if on the basis of a risk analysis of the Julius Kühn-Institut cause to believe, that can settle the harmful organism in the area of application of this regulation or another Member State and cause considerable damage and it has determined that there is a risk of a one or tow. Pending risk assessment, the competent authority may order provisional measures that are required to prevent the danger of single - or procrastination. She can allow that the infested plants, plant products or other objects, regardless of the introduction of a customs procedure, to another location are spent, as far as this is necessary to prevent a death or a worse and a separate storage is ensured. The competent authority it arranges the necessary measures, to prevent the spread of the harmful organism.
(2) the competent authority should decide to measures to combat or to ward off the danger of the spread of harmful organism which was so far not located within the jurisdiction of the authority, if on the basis of a risk analysis of the Julius Kühn-Institut is reason to believe, that can settle the harmful organism in the area of application of this regulation or another Member State and cause considerable damage. The competent authority may in particular designated and owner commit 1 to allow the investigation of infested goods, land, buildings or spaces on the occurrence of the harmful organism, 2. to remove infested or suspected infestation objects to destroy, to decontaminate 3. infestation objects or entwesen, to remove 4. plants and plant products, which are vulnerable to attack, or to destroy or 5 to tolerate measures the authority or perform other suitable measures.
(3) in the case of the risk analysis, the Julius Kühn Institut considered in particular scientific findings, reports from other States or from international plant protection organizations as well as type and intended use of the infested plants or plant products or other objects.

§ 4 b bans because of protective measures of the European Community or the European Union (1) harmful organisms, plants, plant products or other objects shall not introduced from third countries or spent within the community, as far as their import or your intra-Community spending by the European Commission pursuant to article 16 paragraph 2 of Directive 2000/29/EC in the amended banned paragraph 3 in conjunction with article 18 has been is and the Federal Ministry of food , Agriculture and consumer protection it has made known to the relevant act in the Federal Gazette. The Federal Ministry of food, agriculture and consumer protection discloses the changes, as well as the repeal of the relevant act in the Federal Gazette.
(2) paragraph 1 shall apply also for plants, plant products and other objects which are infected by a harmful organism within the meaning of paragraph 1.
(3) that paragraphs 1 and 2 shall also apply, if in an act referred to in paragraph 1 1 laid down specific requirements for the intra-Community movement of plants, plant products or other objects or the imports and these requirements are not met, 2 special certificates for the importation or intra-Community spending are required and these accompany not the objects of attack.
In these cases, the sections 5 to 8 to 8 c and 7a are apply mutatis mutandis.

Section 5 introduces requirements for allowed in annex IV, part A, chapter I of to Directive 2000/29/EC listed plants, plant products and other objects only from a third country, if they meet the requirements listed there. The competent authority can check compliance with these requirements. Sentence 1 shall not apply as far as special intergovernmental agreements or agreements of the European Community or the European Union provide for this.

§ 6 testimonies (1) in annex V, part B of to Directive 2000/29/EC and in annex I section C, point 1 to annex 4 of the bilateral agreement between the European Union and the Swiss Confederation (OJ L 87 of 25.03.2004, p. 31) may be imported from a third country only listed plants, plant products and other objects, if they are accompanied by a phytosanitary certificate or a phytosanitary certificate for re-export, the pattern according to annex I of to Directive 2004/105/EC of 15 October 2004 determining the pattern of official phytosanitary certificate and phytosanitary certificate for re-export , the plants listed in Directive 2000/29/EC, plant products and other objects supplied with (OJ L 319 of the 20.10.2004, p. 9) corresponds to.
(2) the consignment is accompanied by a phytosanitary certificate for re-export, so must be attached in phytosanitary certificate issued by the country of origin in original or officially certified copy. Have been issued for a broadcast several phytosanitary certificate for re-export, it must be accompanied by the following documents: 1 the most recently issued phytosanitary certificate for re-export, and 2nd in original or officially certified copy of a) the previously issued phytosanitary certificate for re-export, b) the most recently issued phytosanitary certificate and c) as far as it is after a shipment of plant products annex IV, part A, section I no. 1.1 to 1.7 , 2.1, 2.2, 3, 5, 6 and 7.1 to 7.3 of Directive 2000/29/EC except debarked wood is a phytosanitary certificate of the country of origin.
(3) the evidence must
1 in one of the official languages of the European Union, 2nd in machine or block letters be filled and the botanical names in Latin language 3.
It is condition for the importation of plants, plant products or other objects, listed in annex IV, part A, section I or part B of Directive 2000/29/EC listed, that this at least one comply with part A, section I or part B requirements listed in annex IV, is to specify in the box 'Additional declaration' which of the possible requirements contained in the respective position is met. Additional production facilities must be identified through printing or stamping of the word "Copy" or "Duplicate". Any change in the certificate must be officially accredited; uncertified changes invalidate the certificate. The certificates shall be not earlier than 14 days before the consignment left the country of dispatch, have been issued.
(4) on the testimonies, the Authority noted the name of the input location and the date of receipt. The notice require any signature.
(5) the competent authority waive the template of the testimonies, as far as special intergovernmental agreements or agreements of the European Community or see this before the European Union and ensure that no risk of introduction of harmful organisms listed in annex I part A of Directive 2000/29/EC or in annex II, part A to Directive 2000/29/EC are listed, there is. The plants listed in annex V, part A to Directive 2000/29/EC, plant products and other objects can be introduced if they are accompanied by a plant passport, as far as the agreements or agreements provide for this.
(6) § 3a of the Administrative Procedure Act does not apply.

§ 7 entry (1) the plants listed in annex V, part B of to Directive 2000/29/EC, plant products and other objects from a State which is not Member State or another Contracting State of the agreement on the European economic area, may be introduced only via a Customs Office, which is been posted pursuant to section 36 of the plant protection act, the Federal Ministry of food, agriculture and consumer protection in agreement with the Federal Ministry of finance in the Federal Gazette.
(2) the competent authority may temporarily allow importation through a Customs Office other in each case in consultation with the competent regional finance office if an importation through a Customs Office referred to in paragraph 1 in economically reasonable way is not possible.

§ 7a information imported plants, plant products or other items, which in annex V, part B of to Directive 2000/29/EC are listed, from a third country in the region to spend the Federal Republic of Germany, is obliged to make without delay to the competent authority the following information: 1. name of falling in the shipment contained plant inspection regulations under plants, plant products and other objects using the codes of the integrated customs tariff of the European communities and the botanical name of the plant , 2. the numbers of the certificates according to § 6, 3. name and address of the importer, as well as his registration number in the sense of § 13 para 2, 4. in the case of programmes, which should be examined at a checkpoint approved according to paragraph 8a, the registration number of the importer and the name of the approved control location.
The importation is subject to the plants, plant products and other objects of supervision by the competent authority. Designated and owner of the plants, plant products and other objects within the meaning of sentence 1 do not remove them before the examination according to article 8 paragraph 1 of the entry or the approved checkpoint.

§ 7 b control of wooden packaging material who a consignment from a third country in the region which introduces Federal Republic of Germany, whose goods 1 part A, Chapter 1, point 2 and 8 of Directive 2000/29/EC include packaging material made of wood or dunnage in the categories set out in annex IV or 2 with such packaging or dunnage are packed and in one according to § 8, paragraph 4, sentence 3 known made risk goods list are listed , is obliged immediately after arrival of the shipment in the area to inform the Federal Republic of Germany, stating the country of origin of the packaging material and the imported goods to the competent authority. In the case of transfer to a transit procedure article 4 number 16 point (b) of Regulation (EEC) No. 2913/92 to the importer inform the competent authority at the place of destination if this is in the scope of this regulation. The importer is required to hold the shipment for the disposal of the competent authority, until it has carried out the necessary checks, or the importer has notified that a control is not. Of implementation including, where appropriate, taken measures or the waiver of a check, the competent authority shall issue a certificate the importer. The certificate is article pursuant to sentence 4 the competent Customs Office with an application for the placing of goods under a customs procedure according to present 4 number 16 letter a and c to g. If the certificate is not presented, the transfer of the programme in one of the customs procedures referred to in sentence 5 is excluded.

§ 8 listed plants, plant products and other objects including their packing material and, if necessary, their means of transport are analysis (1) in annex V, part B of to Directive 2000/29/EC on the entry or, if the competent authority approved this according to paragraph 8a, at the place of destination or, where provided, studied at another appropriate place prior to the customs clearance 1 on infested with harmful organisms listed in annex I of to Directive 2000/29/EC , 2. insofar as to plants and plant products referred to in annex II of to Directive 2000/29/EC, on infestation with the each listed pests, 3. insofar as to plants, plant products and other objects referred to in annex IV, part A, section I and part (B) of Directive 2000/29/EC, whether they comply with the requirements listed there.
The investigation may extend also to the infestation with pests in the sense of § 4a paragraph 1 No. 1 pursuant to sentence 1.
(2) for the importation of plants and plant products from a Contracting State of the agreement on the European economic area, which is not the Member State investigations only in form must be carried out by sampling and samples, unless, 1 facts exist, that closed on infested with pests, or 2. the broadcast has its origins in another Contracting State or in a Member State and is not of a phytosanitary certificate for re-export of a Member State or other Contracting Party accompanied.
When importing from a Contracting State other than a Member State, the importer has to display the broadcast of authority responsible for the place of destination not later than one working day prior to the expected arrival and allow the investigation at the place of destination, or to the competent authority.
(3) the frequency of inspections of plants listed in annex V, part B of to Directive 2000/29/EC, plant products and other objects can be reduced as far as a legal instrument of the European Commission on the basis of article 13a (5) of Directive 2000/29/EC provides for this.
(4) studied plants, plant products and other objects which are not listed in annex V, part B of to Directive 2000/29/EC, can be, if facts or findings of the competent authorities of countries or of the Julius Kühn-Institut, an infestation in annex I A and in annex II, part A to Directive 2000/29/EC listed pests or suggest on a harmful organism within the meaning of Article 4a, paragraph 1 No. 1. Findings pursuant to sentence 1 are also on the basis of reports of the competent authorities according to § 3 of the General administrative provision on communications, information, and surveys of organisms harmful to plants or plant products by January 31, 2007 (BAnz. Pp. 1294) conducted risk analyses and fact based risk goods lists. The Julius Kühn Institut makes known the risk goods lists in the Federal Gazette or electronic Federal Gazette.
(5) plants, plant products and other objects which are subject to the investigation, can be rejected by the import if the owner States they not so that the investigation can be carried out correctly, or if he omits measures ordered, required for the examination by the competent authority.

§ 8a approved checkpoint (1) who according to § 13 is registered, may request to the authority competent for the place of destination, that investigations be carried out according to § 8 instead of at the entry to a particular destination (approved checkpoint). Attach to the application a description of the place where the controls are performed, including the description of the measures to ensure the separate storage of the surveyed still not according to § 8 plants, plant products and other objects.
(2) a permit may be issued only if 1.
the checkpoint at least the requirements referred to in point 3 letter b and c of the annex of to Directive 98/22/EC of 15 April 1998 with minimum requirements for carrying out plant health checks of plants imported from third countries, plant products or other objects within the community of bodies other than those of the place of destination (OJ EC No. L 126 p. 26) corresponds to and 2. still not in accordance with this regulation examined broadcast programs to the approved checkpoint so can be stored, that a confusion or mixing with goods, a) already in free circulation are, b) that should not be transferred to release for free circulation or c) is given where the infestation or suspected of infestation with pests , is excluded.
(3) the approval may be limited to certain plants or plant products.
(4) the permit shall be revoked, if compliance with the requirements referred to in paragraph 2 is no longer ensured. In addition, the administrative-procedural rules on redemption and withdrawal remain unaffected.
(5) the competent authority informs the Federal Ministry of food, agriculture and consumer protection authorisations referred to in paragraph 2 and any changes in such authorisation.

§ 8 b examination at the approved checkpoint (1) the authority responsible for the entry may authorize on request, that the investigation of a particular consignment according to § 8 instead of at the entry to a checkpoint approved pursuant to section 8a or a checkpoint, which has been approved by another Member State under the procedure of Directive 2000/29/EC can be performed if 1 the programme in addition to the certificates according to § 6 paragraph 1 by a transport document according to phytosanitären the pattern of the annex to the Directive 2004 /. 103/EC of 7 October 2004 establishing the identity and health checks of plants referred to in annex V, part B of to Directive 2000/29/EC of the Council, plant products and other objects, that close to a location other than the location of the entrance in the territory of the community or a town can be performed (OJ EU no. L 313 S. 16), is accompanied, and 2. is ensured, that a) the packaging of the shipment or the means of transport used is so closed, that during transport to the approved checkpoint an infestation with pests, nor a transfer can be expected by harmful organisms from the broadcast and b) are subject to the plants, plant products and other objects of any likelihood of confusion.
(2) the application referred to in paragraph 1 shall be accompanied by: 1. information about the nature of the goods which are to be introduced, 2. information concerning the identification of the consignment and specifying the official registration number of the importer in accordance with paragraphs 3 and 4 of the phyto-sanitary transport document according to the pattern of the annex to the Directive 2004/103/EC of 7 October 2004 (OJ EU no. L 313, p. 16), 3. as far as the products in question for a person intended to which the status of "approved recipient" within the meaning of article 406 of Regulation (EEC) No 2454/93 of the Commission of 2 June 1993 laying down detailed rules for the application of Regulation (EEC) no 2931/92 establishing the customs code (OJ EC No. L 253, p. 1) was allocated, an illumination of the notification about the award, 4. in cases where the checkpoint on a permit no. 2454/93 is bound under Article 497 of Regulation (EEC), an illumination of the permit notification.
(3) a transfer to an approved checkpoint after § 8a, which is not within the jurisdiction of the authority responsible for the entry, or at a checkpoint in another Member State can take place only if it is approved as a checkpoint for the introduced plants or plant products where competent authority or by the competent authorities of another Member State and, unless special conditions for the transfer of the respective checkpoint , these are fulfilled.
(4) the authorisation referred to in paragraph 1 shall be revoked if facts justify the assumption that a proper implementation of the approved checkpoint controls is no longer guaranteed and cannot be ensured by requirements. In addition, the administrative-procedural rules on redemption and withdrawal remain unaffected.
(5) the authority responsible for the approved checkpoint noted the outcome of the inquiry in the phyto-sanitary transport document and takes the document or its copy for a period of two years after completion of the procedure in custody.

§ 8 obligations of the importer who in annex V, part B of to Directive 2000/29/EC wants to spend on plants, parts of plants or other objects into the context of importation for examination at an approved checkpoint c, has to make at least two business days prior to expected arrival of shipment the following information to the authority responsible for the approved checkpoint: 1 name and exact address of the place of approved control , 2. date and time of the expected arrival of the consignment on the approved checkpoint 3. as far as the number and date and place of issue of the phyto-sanitary transport document according to § known, 8 b paragraph 1 No. 1, 4. name and address of the importer, as well as its registration number in accordance with § 13 para 2, 5. number of the phytosanitary certificate or the phytosanitary certificate for re-export after § 6 para 1.
The importer has the authority responsible for the approved checkpoint each change of data pursuant to sentence 1 No. 1 to 5 must be notified immediately.

§ 9 provides measures (1) the competent authority investigations according to § 8 facts, on the risk of introduction and spread of I part A to Directive 2000/29/EC or annex II, part A to Directive 2000/29/EC listed harmful organisms suggest in annex so she has the measures necessary under the circumstances to ward off this danger, in particular 1 the destruction of the infested items , 2. the rejection of the infested items from the import or 3. a suitable treatment of infested items to order. The competent authority may order the quarantine of plants, plant products and other objects, until it is clear that the risk of introduction and spread not consists of part (A) of Directive 2000/29/EC or annex II, part A to Directive 2000/29/EC harmful organisms listed in annex I. Sentences 1 and 2 shall apply mutatis mutandis if the competent authority finds that the requirements listed there do not correspond to listed plants, plant products and other objects in annex IV, part A, chapter I of to Directive 2000/29/EC. § 1 d shall apply mutatis mutandis.
(2) the competent authority arranges the rejection of infested items, which come from a third country, providing the phytosanitary certificate or the phytosanitary certificate for re-export on the first page with a red triangle stamp, which includes the notice "Not valid" and the indication of rejecting authority and the date of the rejection.

§ 10 import facilitation the sections 5 through 8 do not apply to the importation of up to 50 flowers and not expressly preclude prohibitions of paragraphs 2 to 4 up to 3 kilograms of fruit per person originating in Europe and the neighbouring Mediterranean, 1 and 2 the infestation items not paid, breeding or scientific purposes are determined; for seed § 6 para 1 in conjunction with annex V, part B, chapter I no. 1 and chapter II No. 5 and 6 of Directive 2000/29/EC shall remain unaffected.

§ 11 storage protection the parts of plants or plant products living listed in Appendix 1 can be examined prior to the customs clearance on infested with harmful organisms listed in annex 2, if there is a clue for an infestation. Should they be spent in a free port, the competent authority may specify that they sign are immediately to investigate. The study reveals an infestation, as the competent authority may specify that the living parts of plants or plant products are decontaminated, processed, or re-exported; You can make this more detailed provisions.

§ 12 examines export examination (1) the competent authority on request prior to the export of plants, plant products and other objects including their packaging material and, where necessary, their means of transport on infestation with pests, as far as the phytosanitary import regulations or an import permit of a third country see before an investigation.
(2) the competent authority may refuse an investigation referred to in paragraph 1, if the applicant the to examine plants, plant products and other objects including their packaging presents not so that the investigation can be carried out properly.
(3) the competent authority issues a phytosanitary certificate only if no infestation with pests has been determined in the investigations referred to in paragraph 1 and comply with the phytosanitary import requirements of the third country, the export is given in the request, the plants, plant products and other objects including their packaging at the time of the inspection. A form made by the Federal Ministry of food, agriculture and consumer protection in the Federal Gazette known and officially produced is to use for the certificate, which must contain at least the particulars referred to in annex 3. For the official stamp, a single stamp for the plant-health control is to use according to the model of annex 4. The exhibition of a passport pursuant to § 13 c occurs only if the applicant has been recorded by the competent authority in an official register (registration) and the plant health import regulations of the third country provide for the use of a plant passport. § 13 para 2, 3 and 4 applies to the registry pursuant to sentence 1 in accordance with.
(4) the phytosanitary certificate may be used only to support the plants examined pursuant to paragraph 1, plant products and other objects; the use for other items is prohibited.
(5) after the issuance of the phytosanitary certificate, is the one who has applied for the exhibition of the phytosanitary certificate, obliged, the plants, plant products or other objects including their packaging material, the phytosanitary certificate refers to the export as to store, to prevent an infestation with pests. The competent authority may order the measures, which are necessary, infested the plants referred to in sentence 1, plant products and other objects with harmful organisms to prevent.
(6) the competent authority may examine infested items, for which no request has been referred to in paragraph 1 which are intended for export to a third country and specific phytosanitary import requirements are set for the in this country, on compliance with the requirements of this import. The conditions for the importation into this country are not available, the competent authority may prohibit exports to this country, until have been an application made pursuant to paragraph 1 or the measures carried out, which are required to meet the import requirements of the third country.

Article 13 transit which sections 2 to 8 c shall apply where the transit of plants, plant products or other objects, in annex III, part A to Directive 2000/29/EC and annex IV, part A, section I no. 1.1 to 1.7, 2.1, 2.2, 3, 5, 6 and 7.1 to 7.3 of Directive 2000/29/EC are listed, in accordance with. On request, the competent authority may allow transit for plants referred to in sentence 1, plant products or other objects, if appropriate measures will prevent the risk of introduction of harmful organisms. In addition, the provisions of this regulation in the case of transit are not to apply.
Third section of Innergemeinschaftliches spend subsection 1 General rules for the intra-Community movement § 13a shipment ban (1) not allowed part of Directive 2000/29/EC harmful organisms listed in annex I within the community are spent.
(2) plants, plant products and other objects which are of one which infected harmful organisms listed in annex I part A of Directive 2000/29/EC, may within the community not brought.
(3) plants in annex II, part A to Directive 2000/29/EC and plant products that are affected by one of the harmful organisms listed in there each may not be moved within the community. The competent authority may prohibit the harmful organisms listed in annex II, part A to Directive 2000/29/EC to be spent alone or on other than the plants listed in this plant and plant products intra-Community.
(4) a part of a consignment is affected, so the rest may be moved within the community only, as far as they are not suspected of infestation and a spread of the harmful organism in the separation of the parts seems impossible.
(5) the plants listed in annex III, part A to Directive 2000/29/EC, plant products and other objects originating in or origin from a listed each area may not be moved within the community; in annex III part A of Directive 2000/29/EC requirements are listed, shall apply only if these requirements are fulfilled.
(5) the plants listed in annex III, part A to Directive 2000/29/EC, plant products and other objects originating in or origin from a listed each area may not be moved within the community; in annex III part A of Directive 2000/29/EC requirements are listed, shall apply only if these requirements are fulfilled.

§ 13B requirements which are allowed in annex IV, part A, section II of Directive 2000/29/EC listed plants and plant products within the community only be spent if they meet the requirements of each listed in there.

§ 13 c plant passport (1) in annex V, part A to Directive 2000/29/EC listed plants, plant products and other objects as well as in annex IV, part A, chapter II of Directive 2000/29/EC may listed seed within the community only be spent, if accompanied by a plant passport, the requirements referred to in article 1 para 2 2(a) and 3 of Directive 92/105/EEC of 3 December 1992 establishing a limited harmonisation of the movement of certain Plants, plant products or other objects inside to use the Community plant passports, laying down the procedure for its issuance, the criteria and the procedure concerning exchange of passports (OJ EC No. L 4 p. 22) in the currently valid version is sufficient. Sentence 1 shall not apply where the plants, plant products and other objects due to a customs procedure or, if the competent authority arranges this, at the place of destination or at another appropriate place in front of the customs clearance examined should be. Sentences 1 and 2, as well as the section 13d and 13 g apply to plants, plant products and other objects, for which the European Commission pursuant to article 16 (2) of Directive 2000/29/EC plant Passport obligation has laid down paragraph 3 in conjunction with article 18 and the Federal Ministry of food, agriculture and consumer protection has published the relevant act in the Federal Gazette. The Federal Ministry of food, agriculture and consumer protection discloses the changes, as well as the repeal of the relevant act in the Federal Gazette.
(2) the plant passport is issued on request by the competent authority, provided that the plants, plant products and other objects subject to any prohibition of shipment according to § 13a and article 13 b meet the requirements.
(3) the plant Passport consists of a label or a label and a goods accompanying document referred to in paragraph 2 and must contain the following information: 1. the designation "EC plant Passport";
2. the indication "DE";
3. the name or an officially made character of the authority responsible for the exhibition of the passport or the licence pursuant to section 13d, paragraph 1, sentence 1;
4. the registration number of the producer or of the person who within the community spends the plants, plant products or other objects;
5. the serial number of the Passport, the lot number or the number of the week in which the plants, plant products and other objects within the Community; spent
6. the botanical name into Latin;
7. the quantities of plants, plant products and other objects, or whose dimensions;
8. as far as the plant Passport replaces an another plant passport, the letters "RP" and an indication which directly or on the basis of operational records enables a tracing to the registered producer or the registered importers, which the plants, plant products and other objects within the community for the first time; spent
9. as far as the plants, plant products and other objects originating in a third country-have, the name of the country of origin or the exporting country.
Section 6, paragraph 3, sentence 1 Nos. 1 and 2 applies.
(4) the plant Passport consists of a label and a goods accompanying document, the label must the information pursuant to paragraph 3 sentence 1 No. 1 to 5 and the goods accompanying the information pursuant to paragraph 3 sentence 1 No. 1 to 9 contain. The goods accompanying paper with a number is provided, also this number as the serial number of the Passport can be used.
(5) the plant passport may be used only to the accompaniment of plants, plant products or other objects of a broadcast; a reuse for other items is not permitted. The label is either to the plants, plant products or other objects, to attach their packaging or the means of transport.
(6) a plant passport may be replaced by an another plant passport, if 1 several consignments or parts thereof are combined into a broadcast, or 2. the plants, plant products and other objects a) a broadcast on several programmes to be split or b)
one for spending in a reserve valid plant Passport accompanied by was are and no longer meet the requirements according to § 13i.
(6a) the documents issued in the context of the official seed certification are considered for seeds listed in annex IV, part A, section II of Directive 2000/29/EC plant passport within the meaning of paragraph 1, if the European Commission has determined this in a legal instrument on the basis of article 10 paragraph 1 of Directive 2000/29/EC. The Federal Ministry of food, agriculture and consumer protection discloses the acts pursuant to sentence 1 in the Federal Gazette.
(7) section 3a of the Administrative Procedure Act does not apply.
(8) paragraphs 1 to 7 apply to plants, plant products and other objects for which the European Commission according to the procedure of laid down in article 16 paragraph 3 in connection with article 18 (2) of Directive 2000/29/EC established a plant passport requirement in the legal instrument published in the official journal of the European Union.

section 13d approval (1) at the request of the competent authority may issue plant passports for certain, in annex V, part A chapter I of to Directive 2000/29/EC listed plants, plant products and other objects through a company that has been registered, according to § 13 approve, as far as a survey carried out in the operation referred to in paragraph 2 shows that the plants, plant products and other objects subject to any prohibition of movement under § 13a , at the time of inspection according to § 13 b meet the requirements, and it is expected that these requirements are met in the future. Insofar as this is necessary to comply with the provisions of this regulation, approval, may be combined later, with conditions. She can be granted limited insofar as this is necessary according to the circumstances, in particular with regard to the cultivation process of plants, the infestation location or the danger of a spread of harmful organisms. The competent authority may revoke the permit if one of the conditions for their granting has subsequently been removed.
(2) the competent authority examined the existing operating plants, plant products and other objects, the extent with regard to the issuing of plant passports, also according to sec. 13 c para 2, required 1 infestation with the annex I of Directive 2000/29/EC and in annex II, part A to Directive 2000/29/EC listed pests and 2nd unless it involves plants , Plant products and other objects referred to in annex IV, part A, section II of Directive 2000/29/EC is whether they meet the requirements of each listed in there.
The investigation is carried out again, if this is necessary according to the circumstances, in particular with regard to the cultivation process, the infestation and the risk of spread of harmful organisms; In addition, the investigation has to be carried out at least once a year. Packaging material and transport can be included in the studies.
(3) the owner or owners of the plants, plant products or other objects which are subject to the investigation, has to tolerate the measures necessary for the implementation of studies, to support the persons responsible for carrying out the investigation and to present the necessary documents. Plants, plant products and other objects which are subject to the investigation, are as accessible to make that the investigation can be carried out properly.

§ 13e storage who in annex V, part A to Directive 2000/29/EC listed plants, plant products and other objects to the paid plant production receives, the plant passport has 1 or, if the plant Passport consists of a label and a goods accompanying document to store the goods accompanying document for at least the duration of one year and to keep a record of each broadcast with reference to the corresponding plant Passport 2.
The plant Passport consists of a label and storage is not possible, a copy of the plant passport is to be kept. Records pursuant to sentence 1 No. 2 are to be kept for a period of at least three years.

section 13f examination (1) the competent authority may in annex IV, part A, chapter II No. 18.5 and 30.1 of Directive 2000/29/EC listed living parts of plants, and in annex V, part A listed plants, plant products and other objects examine, where necessary to protect against the risk of spreading harmful organisms, 1 on infestation in annex I part A of Directive 2000/29/EC listed pests or harmful organisms in the sense of Article 4a, paragraph 1 Number 1, 2 as far as listed in annex II, part are listed on infestation with the each listed pests A of Directive 2000/29/EC and, 3. in annex IV, part A, section II of Directive 2000/29/EC listed are ready, whether they comply with the requirements listed there.
(2) examinations may be conducted during the intra-EU spending and in the receiving mode only in the form of samples, unless 1 it evidence of facts, which suggest an infestation with pests, or 2. the consignment originates in a Member State and is accompanied by a plant passport or a phytosanitary certificate for re-export.
(3) plants, plant products and other objects which are listed in annex V, part A to Directive 2000/29/EC can be examined, if facts or findings of the competent authorities of countries or of the Julius Kühn-Institute are available, which on an infestation in annex I part A or annex II, part A to Directive 2000/29/EC listed pests or harmful organisms in the sense of § 4a paragraph 1 No. 1 suggest. § 8, paragraph 4, sentence 2 shall apply accordingly.
(4) section 13d para 2 sentence 3 and paragraph 3 shall apply mutatis mutandis.

section 13 g provides measures (1) the competent authority investigations according to section 13d, paragraph 2 or article 13f, paragraph 1 or 3 facts that on the danger of a spread of part A to Directive 2000/29/EC or annex II part A to Directive 2000/29/EC listed harmful organisms suggest annex I, so she has the measures necessary under the circumstances to avert of this danger , in particular 1 the destruction of the infested items, 2. spending the infested items under official supervision a) in areas where the risk of spread of harmful organisms not or b) to facilities that serve the processing of infested items, or 3 to arrange a suitable treatment of the objects of the infestation. You can arrange also the necessary measures to ensure compliance with section 13 b requirements listed. § 1 d shall apply mutatis mutandis.
(2) the competent authority may prohibit all or part the intra-Community movement and storing infested objects in certain places, until it is clear that the risk of a spreading no longer consists of part (A) of Directive 2000/29/EC or annex II, part A to Directive 2000/29/EC harmful organisms listed in annex I.
Section 2 special provisions for spending in protected areas section 13 h prohibition of shipment (1) that part (B) of Directive 2000/29/EC listed pests may not be moved in annex I in each listed protected areas.
(2) the plants listed in annex II, part B, to Directive 2000/29/EC and plant products that are affected by an organism referred to each, may not be moved in the appropriately listed conservation area.
(3) the plants listed in annex III, part B, to Directive 2000/29/EC or plant products may not be moved in each listed protected areas. III are called part B special requirements for the movement ban in annex pursuant to sentence 1 applies only if these requirements are fulfilled.
(4) be in accordance with article 2 paragraph 1 letter h in conjunction with article 18 paragraph 2 of Directive 2000/29/EC recognized more protected areas, may be moved in the respective protected areas the each listed pests as well as the listed plants and plant products that have a stocking with the listed pests,. Special conditions for the movement bans are called, in recognition of the reserve applies only if these requirements are fulfilled. The Federal Ministry of food, agriculture and consumer protection makes known the list of protected areas in the Federal Gazette.

§ 13i special requirements for spending the plants listed in annex IV, part B of to Directive 2000/29/EC, plant products and other objects must be spent in there protected areas referred to only if the relevant requirements are met.

section 13j plant passport (1) allowed in annex II b to Directive 2000/29/EC and annex IV, part B of to Directive 2000/29/EC listed plants and plant products are transported only in the reserve of each listed, if they are accompanied by a plant passport, the requirements referred to in article 1 2 paragraph 2(a) and paragraph 3, and article 3 para. 2 (d) of Directive 92/105/EEC is sufficient. § 13c para 1 sentence 2 shall apply accordingly.
(2) the plant passport is issued on request by the competent authority, provided that the plants or plant products 13 h are subject to no prohibition of the shipment pursuant to §, as required according to § 13i and the conditions for issuing a passport para 2 are according to sec. 13 c.
(3) the plant Passport referred to in paragraph 2 must in addition to in § 13 c para 3 sentence 1 information listed contain the letters "CP" and the information required in the annex of to Directive 2001/32/EC in the currently valid version for the respective protected area. The plant Passport consists of a label and a goods accompanying document, the information must be included pursuant to sentence 1 in the goods accompanying document.

§ 13 k can permit (1) at the request of the competent authority issuing of plant passports through an operation, according to § 13 been registered is certain for spending, in annex II, part B, to Directive 2000/29/EC and annex IV, part B of to Directive 2000/29/EC of listed plants and plant products, except living parts of plants under part IV 2(a) No. 2.1.1 to 2.1.5 column 1 , approve in a protected area, as far as a survey carried out in the operation referred to in paragraph 2 shows that the plants or plant products h are no shipment prohibited according to section 13, at the time of the inspection meeting the requirements according to § 13i and it is expected that these requirements are met in the future. In addition, the requirements for a permit must be according to section 13d, paragraph 1, sentence 1. section 13d (1) sentence 2 to 4 shall apply mutatis mutandis.
(2) the competent authority examined the existing operating plants, plant products and other objects, insofar as it is necessary g para 2, with regard to the issuing of plant passports, also according to § 13 in addition to the investigations under section 13d subs. 2, 1 as far as spending in a reserve part (B) of Directive 2000/29/EC has been shown at Annex I, infestation with the each listed pests , 2. as far as spending in a reserve pursuant to annex II, part B, to Directive 2000/29/EC has been shown to infestation with the each listed pests, 3. as far as spending in a reserve pursuant to annex IV part B of Directive 2000/29/EC has been shown to and to plants, plant products and other there listed items are , whether they comply with the requirements listed there.

§ 13 l measures provides the authority for investigations according to § 13 k para 2 facts, on an infestation with the annex I b to Directive 2000/29/EC or annex II part (B) of Directive 2000/29/EC listed pests suggest, so to protect against the risk of introduction of harmful organisms in a reserve may order the measures necessary under the circumstances to ward off this danger. You can arrange also the necessary measures to ensure compliance with the requirements set out in § 13i. § 1 d shall apply mutatis mutandis.

§ 13m transport through a reserve (1) who the plants listed in annex II, part B, to Directive 2000/29/EC and annex IV, part B of to Directive 2000/29/EC and plant products, except living parts of plants after part IV 2(a) No. 2.1.1 to 2.1.5 column 1, through a protected area without a plant passport after section 13j para 1 sentence 1 wants to promote , has to make sure that 1 the used packaging and the transportation of a) I listed pests are free of the in annex b to Directive 2000/29/EC, and annex II, part B, to Directive 2000/29/EC with regard to the respective reserve, b) are so designed that no danger of a spread of the harmful organisms referred to in a, 2nd the identity is maintained and 3 from the goods accompanying document stating , that are the origin or place of origin and the destination outside of the protected area.
(2) the competent authority may order the measures necessary to ensure compliance with the requirements referred to in paragraph 1. Who wants to carry plants and plant products referred to in paragraph 1 through a protected area without a plant passport issued to the respective protected area according to section 13j, paragraph 1, sentence 1, has this authority responsible for its operation in sufficient time before the carriage indicating that the competent authority may order measures pursuant to sentence 1.
Fourth section registration, identification and treatment of wood section 13 registration (1) who 1. plants, plant products or other objects, a) which are listed in annex V, part B of to Directive 2000/29/EC, from a third country wishes to include, b) which are listed in annex V, part A to Directive 2000/29/EC, within the community wants to spend, c) are 18.5 and 30.1 of Directive 2000/29/EC listed in annex IV, part A, section II, point , store for commercial purposes or want to spend within the community, d) by a decision of the European Community or the European Union is set to the plant Passport duty, wants to spend within the community or 2. want to spend in a reserve there listed plants and plant products that are part B or annex IV, part B of to Directive 2000/29/EC, in annex II, must have been recorded by the competent authority in an official index of his (registration).
(2) at the request of the competent authority takes up those plants, plant products and other objects referred to in paragraph 1 introduce, within the community spend or store for commercial purposes will, in a directory and issued a registration number to the applicant. A form of the competent authority shall be used for the request.
(3) an activity is no. 1 in paragraph 1 letter a, b or no. 2 for paid purposes or an activity referred to in paragraph 1 No. 1 letter c exercised, requires the inclusion in the official directory, that 1 the competent authority of a) a duly completed request and b) has been called a person that can give you the necessary information about generating plants in operation and the measures for crop protection , and 2. is ensured, that is in operation a location map for inspection by the competent authority to provide, which emerges, at which point within the plant in annex V of to Directive 2000/29/EC, annex II b to Directive 2000/29/EC, annex III, part B, to Directive 2000/29/EC, annex IV, part B of to Directive 2000/29/EC listed plants produced or grown or in annex V of to Directive 2000/29/EC or I part (B) of Directive 2000/29/EC, annex II b to Directive 2000/29/EC, annex III, part B, to Directive 2000/29/EC, annex IV, part B of to Directive 2000/29/EC listed plants, plant products or other objects stored or kept in any other way.
Changes in terms of in the form referred to in paragraph 2 sentence 2 information given are the competent authority by the persons who exercise an activity pursuant to sentence 1, immediately.
(4) an individual who has been registered pursuant to paragraph 2 has 1 the competent authority without delay the occurrence or suspicion of the occurrence in annex I part A of Directive 2000/29/EC or annex II, part A to directive to show 2000/29/EC listed pests, 2 records over a) the date of receipt, the sender as well as type and quantity or mass in annex V of to Directive 2000/29/EC , Annex II, part B, to Directive 2000/29/EC, annex III, part B, to Directive 2000/29/EC, annex IV, part B of to Directive 2000/29/EC listed plants, plant products and other objects which have been acquired for the storage or planting in the operation, and b) type and quantity or mass in annex V of to Directive 2000/29/EC, annex II b to Directive 2000/29/EC , Annex III part B of Directive 2000/29/EC to annex IV, part B of to Directive 2000/29/EC listed plants, plant products and other objects which have been produced or traded to others, in operation and to be kept for at least the duration of three years and 3 internal controls on infestation with conduct in appendices 1 and 2 listed pests , as far as the competent authority arranges this.

section 13o rest of registration the competent authority for registered companies finds that no longer are the prerequisites for the registration of a business or the operation does not meet the obligations according to § 13 para 4, organizes the rest of the registration to the identified deficiencies. With the rest of the registry, which shall expire operation from section 13d, paragraph 1, sentence 1 and § 13 k para 1 sentence 1 permits granted. The competent authority may order the suspension of registration also at the request of the registered company.

§ 13 p registration in the treatment and marking of packaging made of wood (1) who 1 wood according to the international standard for wooden packaging material, created after the International Plant Protection Convention, (notice the Julius Kühn-Institut from 28 February 2014, BAnz AT 02.04.2014 B3) handle and with reference to the treatment on the market wants to produce manufactured packagings, including dunnage, 2 wooden wood within the meaning of point 1 , according to the standard referred to in paragraph 1 treat or label according to the standard referred to in paragraph 1 will, 3. patching wood packaging material referred to in point 2 or works, must be registered by the competent authority.
(2) the registration under a registration number by the competent authority granting is made at the request if an investigation of operation has revealed that 1 the wood in the case of paragraph 1 No. 1 according to the requirements of the standard referred to in paragraph 1 is treated and has been called a person that can give you the necessary information about the measures for the treatment and the logs stored in the operating , or 2. in cases of paragraph 1 number 2 comply with the requirements of the standard referred to in paragraph 1 manufactured packaging made of wood and records of the origin of the wood used in the operation be maintained.
The one who has been registered pursuant to paragraph 1, has records about the type and number of the afterlife are discussed in paragraph 1 standards referred to or marked and given to other woods or packaging made of wood and packaging manufactured about the manner of treatment of the wood or the wood, in particular over the duration of the heat treatment, or in the case of chemical treatment procedures the means , the active ingredients, the amount, the duration and where applicable the used physical pressure, to lead and to be kept for at least three years. The treatment carried out by third parties, the records of these are to teach and to be kept in the registered mode.
(3) as far as it is necessary to comply with the requirements referred to in paragraph 2, the registration, may be retroactively, combined with requirements. She shall be revoked if one of the conditions for their granting subsequently slipped. She can be granted limited insofar as this is necessary according to the circumstances, in particular with regard to the danger of the spread of harmful organisms. The competent authority at least once a year examines whether the requirements for registration are still given. The authority can leave under paragraph 5 to the technical control of the equipment used for treatment or technical devices an officially recognised expert or request the submission of an opinion of such officially recognised expert.
(4) the competent authority for registered companies finds that the conditions for the registration of a company no longer exist or the operation does not meet the obligations pursuant to paragraph 3, organizes the rest of the registration to the identified deficiencies. In addition, redemption and cancellation of administrative acts of legislation remain unaffected.
(5) the competent authority recognises an expert on request if the experts 1 the reliability required for the implementation of the control and on the basis of a completed specialized training or a completed technical studies has the necessary professional knowledge and skills, 2 on the measuring equipment needed for the controls has 3. the guarantee it offers that the controls be carried free of conflicts of interest and he has no personal interest in the outcome of the checks.
The professional knowledge and skills, and the suitability of the measuring equipment must be proved by suitable certificates and certificates. The expert shall immediately display changes as regards the conditions pursuant to sentence 1 the competent authority and to grant access to the supervisory authorities of the competent authority, and relevant information to the control flow. The competent authority revokes the recognition, if one of the conditions no longer exists pursuant to sentence 1 or the expert infringes his obligations arising from set 3.
(6) a person who brings wood that number 1 standard called has been treated according to the paragraph 1, with the indication of the treatment on the market without making even such a treatment, is required to display this activity to the competent authority not later than 30 days after their recording. The obligated party must pursuant to sentence 1 to keep records about the origin and fate of the wood marketed by him and to be kept for three years from the date of the recording.

§ immediately after production of the packaging made of wood that has been treated according to the standard referred to in section 13 p, subsection 1, no. 1, or after treating the packaging, in accordance with the following rules to attach labelling (1) which is marking according to the standard referred to in article 13 p paragraph 1 No. 1 13q. A marking of packaging produced from wood that has not been discussed according to the standard referred to in section 13 p, subsection 1, no. 1 is not permissible subject to the set 3. The competent authority may permit the labelling of wood packaging on request prior to treatment, if it is ensured by the end of the production process within a facility that the treatment is carried out immediately after marking and is ensured through organisational measures, that a placing on the market of the marked, but still non-treated wood packaging is excluded. The competent authority checks the existence of the conditions at least every twelve months from the approval pursuant to sentence 3.
(2) the marking must be carried out according to the specimen in annex 5 and contain the following information: 1 the indication "DE", 2. an officially made identification of the authority responsible for the registration according to § 13 p para 1 No. 1, 3. the registration number of the company, who according to § 13 p para 1 No. 1 treated the wood used or marked, 4 by the standard referred to in article 13 p paragraph 1 No. 1 set letter combination for the treatment method used , 5. the symbol specified in annex II of the standard referred to in section 13 p, subsection 1, no. 1.
(3) the information must be enclosed by a rectangle, the Linie may be interrupted. The corners must be rounded off. The symbol referred to in paragraph 2 number 5 must be left by the other information and be separated from it by a line. This line may be interrupted. By way of derogation by the specimen in annex 5 the information can be applied number 1 to 3 in two or three lines referred to in paragraph 2, if an application in a row for spatial reasons is not possible. By way of derogation by the specimen in annex 5 can be providing number 4 on the same line as the information referred to in paragraph 2 number 2 and 3 up referred to in paragraph 2 or lying represented the symbol, if an application in different rows for spatial reasons is not possible. In this case, the specification is referred to in paragraph 2 to separate number 4 by a dash number 2 and 3 from the information referred to in paragraph 2. Other data as the information referred to in paragraph 2 may be not contained in the rectangle.
(4) the marking referred to in paragraph 2 must 1st readable, 2. permanently and not removable and 3. in at least two readily visible places of packaging made of wood be installed.
The use of red or orange color for marking is not permitted.

§ 13r repair and refurbishment of wood packaging material (1) wooden packing material, which according to the article 13 p paragraph 1 number 1 standard called has been treated and marked and again as such is to be used, may be repaired only with 1 wood that has been treated and after the repair is marked according to the requirements of the standard referred to in section 13 p, subsection 1, no. 1 , 2. non-wood materials, or wood-based materials in accordance with section 2.1 section 13 p paragraph 1 number of 1 above standards.
A repair is when will be exchanged at most up to a third of the wood packaging material.
(2) wooden packing material, which according to the article 13 p paragraph 1 number 1 standard called has been treated and marked and again as such be used to is to treat according to the requirements of the standard referred to in article 13 p, paragraph 1 after a refurbishment and to mark. Already existing on the wood markings in the sense of § 13 p, paragraph 1 should be removed permanently. § 13 p shall apply mutatis mutandis. A refurbishment is to assume, when more than a third of the components of the wooden packaging material be replaced.
(3) be wood packaging set 1 patched materials listed with other than those in paragraph 1 or unaccounted for, are all original markings to remove permanently.

§ 13 s is use of wood packaging material of for the importation of wood packaging material in a third country who the goods in this country wants to send prerequisite, that the wooden packaging material under the provisions of the standards referred to in article 13 p paragraph 1 No. 1 treated and is characterized, may and using wooden packing material, use only wooden packaging material that is marked according to § 13q, paragraph 1.
Fifth section final provisions § 14 exceptions (1) the competent authority may request, if no danger of the spread of harmful organisms, for the importation of plants, plant products or other objects from exceptions set 1 for plants intended for planting approve third countries from 1 article 3, paragraph 1 and 2 and 2. as far as this a decision of the Commission or of the Council of the European communities on the basis of article 15 of Directive 2000/29/EC is equivalent to the sections 4, 5, 6 and 8,.
(2) over that in paragraph 1 the competent authority may, provided exceptions beyond, as far as no risk of the spread of harmful organisms is produced at the request of the importation of plants, approve plant products and other objects which are grown, produced or used in the immediate border area of a neighbouring third country and in the immediate border area domestically grown or used to. Appropriate proof of its location in the third country is the application to be attached; There are also information on their intended use or remain in the country to make. These plants, plant products and other objects may be imported only if they are accompanied by a proof of origin. The approval can be connected with the obligation to present an official certificate of the third country of the origin of the goods from the specified location when the import of the competent authority.
(3) the competent authority may grant derogations from article 13 in conjunction with sections 4 to 8 of transit under the supervision.
(4) the competent authority may exceptions § 13 c para 1 and article 13, paragraph 1 to admit, as far as listed in annex V, part A, chapter I of to Directive 2000/29/EC issued listed plants, plant products and other objects during operation or on weekly markets according to article 67, paragraph 1, of the GewO and intended for recipients, which neither operate plant production for paid purposes , nor bring plants, plant products and other objects for paid purposes in traffic and there is no risk of spreading harmful organisms. Sentence 1 shall not apply to in annex V, part A, section I, point 1.3 of Directive 2000/29/EC carried on plants.
(5) § § 13 b, 13 c para 1 and article 13, paragraph 1 shall not apply to goods as well as individual plants and plant products up to ten kilograms, as far as a) do not preclude movement bans after § 13a and b) the infested items not paid, breeding or scientific purposes are spent within the community.

§ 14a exceptions for research and breeding purposes (1) the competent authority may request, if no danger of the spread of harmful organisms, approve exceptions from the paragraphs 2 to 9, as well as by the §§ 13a-13o for scientific purposes, experimental or plant breeding project.
(2) the application must contain the following information: 1. name and address of the applicant, 2. entry proposed by scientific name, type, quantity and origin of the plant material or of the harmful organism, 3 type, duration, target and description of the project, 4. purpose of import or of intra-Community introduction, 5. address and description the storage locations and the locations of the implementation of the project, 6 in the case of imports.
A suitable proof of origin of the plant material or the pest is the application to be attached. The competent authority may require other information insofar as this is necessary in certain cases to prevent risk of introduction or spread of the harmful organism.
(3) the authorisation may be granted, if I of to Directive 2008/61/EC of 17 June 2008 with the conditions under which plants, plant products and other objects listed in annexes I are introduced or is transferred to V of to Directive 2000/29/EC of the Council for experimental, research and breeding purposes within the community or certain protected zones of thereof may meet the requirements of annex (OJ L 158 of the 18.6.2008, p. 41) is ensured in the currently valid version. The applicant is obliged to notify without delay any change in the course of the project specified in the application or any change of the purpose. Subsequently, the approval can be linked to requirements.
(4) plants, plant products, other items or harmful organisms, adopted within the framework of the exemption referred to in paragraph 1, or spent within the community, must be accompanied by a certificate of the model of set out in annex II of the Directive 2008/61/EC and may only among the annexes I and III to Directive 2008/61/EC be quarantine conditions listed stored, investigated and treated. No risk of spreading harmful organisms may occur during transportation. The quarantine conditions can be lifted on application or after negative results of the investigations referred to in annex III of the Directive 2008/61/EC by the competent authority.

§ 14 b releases Julius Kühn Institut, Federal Research Institute for cultivated plants, is the power to transport with the European Commission or transferred to the competent authorities of other Member States in the following cases: 1 messages and information on the occurrence and the suspicion of the occurrence of harmful organisms as well as on the implementation of measures to prevent the risk of their introduction or spread, 2. notifications relating to complaints on consignments of plants , Plant products or other objects or been harmful organisms from a quarantine measure imposed on a third country, if the consignment is rejected or destroyed, ordered the removal of the subject of the attack from the TV show or the treatment of the goods, 3. announcements about complaints for consignments of plants, plant products or other objects from a Member State, if the broadcast not by a plant passport according to § 13 c or 13j has been accompanied or measures pursuant to article 13 are ordered g , 4. messages about exceptions that have been approved according to section 14, paragraph 1 or 2 or § 14a para. 1, 5. notices about the approved control places according to paragraph 8a.

§ 14c subrogation as far as the European Union participates in the performance of a country a compensation or entitled to compensation, a claim for damages or compensation that is entitled to the compensation or entitled to compensation against third parties, in the amount of the partial financing of the European Union on these passes; In addition, the demand on the country passes, insofar as this has been involved in the financing with an own share.

§ 15 offences (1) any person within the meaning of article 68, paragraph 1 No. 3 letter a of the plant protection act is, who intentionally or negligently not, incorrectly, incompletely or not timely reimbursed 1 violates article 1 a paragraph 1 sentence 1, also in conjunction with paragraph 2, an ad, 2. contrary to a) § 1 sentence 1 or b) § 8 paragraph 2 sentence 2 a screen does not , incorrectly, incompletely or not timely reimbursed or does not allow an investigation of a broadcast, 3. contrary to section 2 introduces a pest, 4. contrary to article 3, paragraph 1 or paragraph 2 introduces a plant, a plant product or other object sentence 1, § 4, sentence 1, section 5, sentence 1 or § 7 paragraph 1, 5. contrary to article 3 paragraph 3 introduces a part of a programme, 6 an enforceable order according to Section 4a, paragraph 1, sentence 1 , 2 or 4 or paragraph 2 set 13 g is set 2 or §, an indication 7 contrary to Section 7a, sentence 1 does not, incorrectly, incompletely or not in time, 7a.
contrary to § 7a sentence 3 removed a plant, a plant product or other object, 8 contrary to section 7 does not, not, not fully or not timely sentence 1 in conjunction with sentence 2, a message b or the competent authority informed not, incorrectly, incompletely or not in time, 9 contrary to section 12 paragraph 4 or § 13 c paragraph 5 sentence 1 uses a phytosanitary certificate or a plant Passport , 10 contrary to article 13a, paragraph 1 or article 13 paragraph 1 h spends a pest, 11 contrary to section 13a, paragraph 2, 3 sentence 1 or 5, the § § 13 b, 13 c paragraph 1 a plant, a plant product, seed, or other object spends 13 h paragraph 2 or paragraph 3, § 13i or section 13j, paragraph 1, sentence 1 sentence 1, §, spends a portion of a broadcast 12 contrary to section 13a, paragraph 4 , 13 contrary to section 13, paragraph 3, sentence 2 or § 13 p, paragraph 6, sentence 1 a complaint be made do not, not properly or in a timely manner, 14 without registration according to § 13 p para 1 brings wood in traffic or indicates a packaging made of wood or wooden packaging material pieces or works, 15 contrary to § 13q, paragraph 1, sentence 2 features a packaging made of wood, 15a.
contrary to § 13 s used wooden packaging material or 16 contrary to section 14a paragraph 4 sentence 1 is a plant, a plant product or other object, examined or treated.
(2) any person within the meaning of article 68, paragraph 1 paragraph 3 point (b) of the plant protection act is, whoever intentionally or negligently does or does not keeps a packaging material 7 b sentence 3 violates article for the prescribed duration.
(3) the provisions of paragraph 1 number 2 letter b, number 3, 4, 5 or paragraph 7 apply also for the transit in the sense of § 13, sentence 1.

§ 16 (dropped out) § 17 (dropped out) article 18 (entry into force) Appendix 1 (to 11) storage protection, living parts of plants or plant products site of the original text: Federal Law Gazette I 2000, 439;
regarding the individual changes cf. footnote 1 grain barley (Hordeum vulgare L.), oats (Avena sativa L.), maize (Zea mays L.), sorghum (sorghum Monk), rye (Secale six L.), wheat (Triticum SP.), also shelled, ground, crushed, crushed, (Oryza sativa L.), broken 3 tubers of cassava (Manihot of ranch Crantz) entspelzt or clipped 2 rice, also dried, crushed or as pellets 4 peanut (Arachis hypogaea L.) , with or without sleeve, also crushed 5
Bran and other residues of sifting, milling or other working of cereals or legumes (Leguminosae) 6 residues of starch production from cassava, as pellets 7 oil-cake and other residues from the extraction of vegetable oils, also crushed, except for foots Appendix 2 (to § 11) storage protection, pests site of the original text: BGBl. I, 2000, 439 harmful organisms scientific name German name 1 2 Cryptolestes Ganglb.
Bar head Platt beetle of Oryzaephilus mercator Fauv.
Peanut Platt beetle of Oryzaephilus surinamensis L. grain flat beetles Rhizopertha dominica F. cereal Kapuziner Sitophilus granarius l granary weevil of Sitophilus oryzae L. rice beetle of Sitophilus zeamais Makela.
Corn beetle Sitotroga cerealella Oliv.
Getreidemotte Tenebroides mauritanicus L. Black grain rodents Tribolium castaneum autumn. Red flour beetle Tribolium confusum DUV.
American flour beetle Trogoderma granarium Everts.
Khaprakäfer Appendix 3 (to section 12 paragraph 3 sentence 2) the phytosanitary certificate or the phytosanitary certificate for re-export must contain at least the following information: 1 name of issuing phytosanitary service 2. name and address of the sender's 3. name and address of the recipient 4. place of origin of the plants or plant products 5. transportation 6 Grenzübertrittsort 7 number, quantity, and description of the packages, botanical name of the plant, name of the plant products 8 information on the investigations , if necessary through decontamination and disinfection 9 date and place of issue 10 of the 11 commissioned official stamp signature.

Annex 4 (to § 12 para 3 sentence 3) pattern of a stamp (... not viewable pattern site: BGBl. I 2005, 2923) Appendix 5 (to § 13q) marking for treated wood according to § 13q (reference: BGBl. I 2011, 2933) PDF document appears in its own window

 

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