Plant Regulation

Unofficial table of contents

PflBeschauV 1989

Date of completion: 10.05.1989

Full quote:

" Plant Decree Ordinance as amended by the Notice of 3 April 2000 (BGBl. 337), as last amended by Article 2 of the Regulation of 21 July 2014 (BGBl I). I p. 1204)

Status:	New by Bek. v. 3.4.2000 I 337;
	Last amended by Art. 2 V v. 21.7.2014 I 1204

For more details, please refer to the menu under Notes
This Regulation shall be used to implement the following Directives:

1.

Council Directive 77 /93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread of organisms harmful to plants or plant products (OJ L 327, 31.12.1977, p. EC No 20), as last amended by Commission Directive 1999 /53/EC (OJ L 206, 22.7.1999, p. EC No L 142 p. 29),

2.

Commission Directive 92/71/EEC of 2 September 1992 on the percentage of consignments which may be subject to control of a plant health, document and identity in the case of shipments from one Member State to another (OJ L 327, 31.12.1992, p. EC No L 275 p. 24),

3.

Commission Directive 92/76/EEC on the recognition of Community protected areas with special phytosanitary risks (OJ L 206, 22.7.1992, p. EC No 12), as amended by Commission Directive 98 /100/EC of 21 December 1998 (OJ L 305, 23.12.1998, p. EC No OJ L 351, p. 35),

4.

Commission Directive 92/90/EEC of 3 November 1992 on the obligations of producers and importer of plants, plant products or other objects and on the details of their registration (OJ L 327, 30.12.1992, p. EC No L 344 p. 38),

5.

Commission Directive 92/105/EEC of 3 December 1992 on the limited standardization of plant passports to be used in the movement of certain plants, plant products or other objects within the Community, to Definition of the procedure for their exhibition and of the criteria and the procedure concerning exchange passports (OJ C 327, 28.4.2002 EC No L 4 p. 22),

6.

Commission Directive 93 /50/EEC of 24 June 1993 concerning the official registration of producers of certain plants not listed in Part A of Annex V to Council Directive 77 /93/EEC, or the collection and dispatch points in the production sector (OJ L 327, 30.4.2004, p. EC No L 205 p. 22),

7.

Commission Directive 93 /51/EEC of 24 June 1993 laying down rules for the movement of certain plants, plant products and other objects by protected areas and on the placing on the market of certain plants, plant products and other products Articles originating in and within protected areas (OJ L 196, 27.7.2001, p. EC No L 205 p. 24),

8.

Commission Directive 94 /3/EC of 21 January 1994 laying down a procedure for the notification of the objection to a consignment or a harmful organism originating in a third country and posing an imminent threat to plant health (OJ L 327, 31.12.1994, p. EC No OJ L 32, p. EC No OJ L 59, p. 30),

9.

Council Decision on the adaptation of the documents relating to the accession of new Member States to the European Union of 1 January 1995 (OJ L 136, 31.7.1995, p. EC No L 1 p. 12),

10.

Commission Directive 95 /44/EC of 26 July 1995 on the conditions under which certain plants, plant products and other objects referred to in Annexes I to V to Council Directive 77 /93/EEC on experimental, research and other products for breeding purposes, may be introduced or introduced into the Community or certain protected areas of the Community (OJ L 327, 30.4.2004, p. EC No L 184 p. EC 1996 No 78), as last amended by Commission Directive 97 /46/EC (OJ L 73, 27.4.1997, p. EC No L 204 p. 43).

Footnote

(+ + + Proof of text: 20.5.1989 + + +) 
(+ + + Official notes of the norm provider on EC law: 
 Implementation of the 
 EWGRL 93/77 (CELEX Nr: 31977L0093) 
 EEC-GRL 71/92 (CELEX Nr: 31992L0071) 
 EEC-GRL 76/92 (CELEX Nr: 31992L0076) 
 EEC-GRL 90/92 (CELEX Nr: 31992L0090) 
 EMGRL 105/92 (CELEX Nr: 31992L0105) 
 EWGRL 50/93 (CELEX Nr: 31993L0050) 
 EWGRL 51/93 (CELEX Nr: 31993L0051) 
 ERL 3/94 (CELEX Nr: 31994L0003) 
 EGKSBes 1/95 (CELEX Nr: 31995D0001) 
 ERL 44/95 (CELEX Nr: 31995L0044)  Bek.  v. 3.4.2000 I 337 
 Implementation of the 
 ERL 32/2001 (CELEX Nr: 32001L0032) 
 ERL 33/2001 (CELEX Nr: 32001L0033) see  V v. 23.8.2001 I 2240 
 Implementation of the 
 ERL 28/2002 (CELEX Nr: 32002L0028) 
 ERL 29/2002 (CELEX Nr: 32002L0029)  V v. 6.6.2002 I 1789 
 Implementation of the 
 ERL 28/2002 (CELEX Nr: 32002L0028) 
 ERL 29/2002 (CELEX Nr: 32002L0029)  V v. 5.12.2002 I 4493 
 Implementation of the 
 ERL 36/2002 (CELEX No 32002L0036) 
 EGRL 21/2003 (CELEX No 32003L0021) 
 ERL 22/2003 (CELEX No 32003L0022) 
 ERL 46/2003 (CELEX No 32003L0046) 
 ERL 47/2003 (CELEX Nr: 32003L0047)  V v. 5.6.2003 I 799 
 Implementation of the 
 ERL 116/2003 (CELEX Nr: 32003L0116) 
 ERL 31/2004 (CELEX Nr: 32004L0031) 
 ERL 32/2004 (CELEX Nr: 32004O0032) 
 ERL 70/2004 (CELEX Nr: 32004L0070)  V v. 9.8.2004 I 2110 + + +)   

First section
General provisions

Unofficial table of contents

§ 1 Definitions

(1) For the purposes of this Regulation:

1.

(a) a statement made by a member of an official plant protection service or under his responsibility by another member of the public service;

2.

Planting: any planting or application of plants with the aim of enabling or promoting their growth, reproduction or propagation;

3.

Protection area: area within the European Union for which special prohibitions or restrictions have been laid down to protect against the risk of the introduction of certain harmful organisms;

4.

Third country: State which is not a Member State; third country within the meaning of this Regulation shall also be the Canary Islands and the French overseas departments;

5.

-spending within the European Union, including the incountry, of harmful organisms, plants, plant products and other objects;

6.

Transit:

a)

Imports of harmful organisms, plants, plant products and other objects from a third country, or

b)

Intra-Community transfers of harmful organisms, plants, plant products and other objects imported into a Member State from a third country

with subsequent export to a third country;

7.

International Standard: Standard for phytosanitary measures, which has been drawn up in accordance with the International Plant Protection Convention;

8.

Imports: the introduction of non-Community goods within the meaning of Article 4 (8), in conjunction with point 7 of Council Regulation (EEC) No 2913/92 of 12 June 1992. October 1992 establishing the Community Customs Code (OJ L 327, 31.12.1992, p. EC No 1) from a third country within the scope of this Regulation,

9.

Consignment: a quantity of goods recorded in a single document with regard to formalities relating to the movement of goods, in particular customs formalities.

A consignment referred to in point 9 of the first sentence may consist of one or more lots. (2) Insofar as the provisions set out below in the Annexes to Council Directive 2000 /29/EC of 8 May 2000 on measures for the protection of the Community against the Introduction and spread of organisms harmful to plants and plant products (OJ L 327, 30.4.2004, p. EC No 1), as last amended by Directive 2005 /16/EC of 2 March 2005 (OJ L 164, 30.4.2005, p. EU No 19), the Annexes are to be applied in the version in force in each case. Where these Annexes are amended or adapted to the changed phytosanitary situation in accordance with the procedure laid down in the Directive, the Annexes shall be published in the amended or adapted version as published in the Official Journal of the European Union. to apply at the beginning of the application day specified in the Change or Adaptation Policy. Unofficial table of contents

§ 1a Display obligations

(1) Any person who is aware of the occurrence or suspicion of the occurrence of a harmful organism in the course of his professional or industrial handling of plants, plant products or wooden packaging material,

1.

listed in Annex I, Part A, Chapter I, or in Annex II, Part A, Chapter I of Directive 2000 /29/EC,

2.

listed in Annex I, Part A, Chapter II, in Annex I, Part B, in Annex II, Part A, Chapter II, or in Annex II, Part B, to Directive 2000 /29/EC, and the presence of which has not yet been known in the country concerned,

3.

which is not listed in Annex I or Annex II to Directive 2000 /29/EC and has not been known to date in the country concerned; or

4.

for which the European Commission has adopted specific control measures in accordance with the procedure referred to in Article 18 (2) of Directive 2000 /29/EC, as amended, or by the Council of the European Union,

shall be obliged to notify the competent authority of this without delay, indicating the location of the plants or the place of storage of the plant products or of the wooden packaging material. The absence of labelling in accordance with International phytosanitary standards for phytosanitary measures (ISPM No.15) drawn up pursuant to the International Plant Protection Convention (ISPM No 15) should also be indicated in case of imported wooden Packaging material. (2) For immediate notification, public or private investigative bodies carrying out investigations into plants, plant products or wooden packaging materials shall also be required to notify the Commission of the The presence or suspicion of the occurrence of a harmful organism as referred to in paragraph 1 shall be obtained. (3) (dropped) Unofficial table of contents

§ 1b Display obligations in special cases

Anyone wishing to cultivate, prepare, store or process potatoes originating in Poland for professional or commercial purposes shall have the date of arrival of the potatoes, the place of storage, the place of storage or the place of origin of the potatoes. the processing and intended use of the potatoes shall be notified to the competent authority not later than one working day before the expected arrival of the potatoes, and an examination by the competent authority shall be made possible. The competent authority may carry out an examination of the potatoes. Unofficial table of contents

§ 1c Implementation of investigations

In so far as it is necessary for the detection of harmful organisms, infestations may also be destroyed in the investigations required by this Regulation or permitted by this Regulation. Unofficial table of contents

§ 1d Guidelines

Where a guideline for the control of a particular harmful organism, drawn up in cooperation with the competent authorities by the Julius Kühn Institute and published in the Bundesanzeiger (Federal Gazette), is available, the competent authority shall take into account the Decision on the measures to be applied to combat the harmful organism or to prevent the risk of the harmful organism being abducted.

Second section
Imports from a third country and transit, export

Unofficial table of contents

§ 2 Import ban on harmful organisms

The harmful organisms listed in Part A of Annex I to Directive 2000 /29/EC may not be imported from a third country. Unofficial table of contents

Section 3 Import ban on infested plants, plant products and other objects

(1) Plants, plant products and other objects which are affected by any of the harmful organisms listed in Part A of Annex I to Directive 2000 /29/EC shall not be imported from a third country. (2) The Annex II, Part A, of the Plants and plant products referred to in Directive 2000 /29/EC may not be imported from a third country if they are covered by the harmful organism referred to in that third country. The competent authority may prohibit the introduction of the harmful organisms listed in Part A of Annex II to Directive 2000 /29/EC on their own or on plants and plant products other than those listed in Part A of Annex II to Directive 2000 /29/EC. (3) If in the case of a part of a consignment from a third country is detected infestation, the other parts may be imported only if they are not suspected of being seizure and if there is no spread of the harmful organism in the separation of the parts (4) Paragraph 1 and 2 sentence 1 shall not apply to plants, plant products and other items for which the European Commission has, in an act, determined an exception under Article 3 (3) of Directive 2000 /29/EC. The Julius Kühn Institute, Federal Research Institute for Cultural Plants, makes legal acts according to the first sentence in the Federal Gazette (Bundesanzeiger). Unofficial table of contents

§ 4 Ban on imports of plants, plant products and other objects

The plants, plant products and other objects listed in Annex III, Part A of Directive 2000 /29/EC, originating in or coming from a territory in each case listed there, shall not be imported from a third country. To the extent that Annex III, Part A of Directive 2000 /29/EC lays down the conditions for the prohibition of imports, this shall apply only where those conditions are met. Unofficial table of contents

Section 4a New harmful organisms

(1) The competent authority shall be responsible for the importation and intra-Community movement of

1.

a harmful organism which is not listed in the Annexes to Directive 2000 /29/EC and which has not yet been established within the competence of the competent authority, and

2.

of plants, plant products and other objects which are infested or suspected of being infected by such a harmful organism,

prohibit, restrict or make a dependence on decontamination or deforestation if, on the basis of a risk analysis of the Julius Kühn Institute, there is reason to believe that the harmful organism is within the scope of this Regulation or (a) other Member States may settle and do not cause insignificant damage, and it has found that there is a risk of being moved in or out. Pending the existence of risk analysis, the competent authority may order provisional measures which are necessary to prevent the risk of entry or disappearance. It may allow the plants, plant products or other objects infested, irrespective of the initiation of a customs procedure, to be transferred to another place where this is necessary in order to die or to depart from the plant. and to ensure separate storage. The competent authority shall take the necessary measures to prevent the spread of the harmful organism. (2) The competent authority shall take measures to combat or prevent the risk of the disappearance of a harmful organism, which shall: in the case of a risk analysis of the Julius Kühn Institute, where there is reason to believe that the harmful organism is within the scope of this Regulation or any other Member State shall be able to settle and not cause insignificant damage. The competent authority may, in particular, require the right of disposal and the holder

1.

to tolerate the occurrence of the harmful organism in the investigation of objects of infestation, land, buildings or spaces;

2.

to remove or destroy infested or infested objects,

3.

to decontaminate or to decontaminate infested objects,

4.

To remove or destroy plants and plant products that are at risk of infestation; or

5.

any other appropriate measures or measures taken by the Authority.

(3) In the case of risk analysis, the Julius Kühn Institute shall take into account, in particular, scientific findings, reports from other States or from international plant protection organizations, as well as the nature and intended use of the infested plants or plants. Plant products or other objects. Unofficial table of contents

§ 4b Prohibitions on the protection of the European Community or the European Union

(1) Harmful organisms, plants, plant products or other objects may not be imported from third countries or transferred within the Community to the extent that their importation or intra-Community movement by the European Commission pursuant to Article 16 (3) in conjunction with Article 18 (2) of Directive 2000 /29/EC, as amended in each case, has been prohibited and the Federal Ministry of Food, Agriculture and Consumer Protection of the European Parliament and of the Council in the Federal Gazette (Bundesanzeiger). The Federal Ministry of Food, Agriculture and Consumer Protection also makes the changes and repeal of the relevant legal act in the Federal Gazette. (2) Paragraph 1 also applies to plants, plant products and other Articles falling within the meaning of paragraph 1 by a harmful organism. (3) Paragraphs 1 and 2 shall also apply where, in a legislative act referred to in paragraph 1,

1.

lays down specific requirements for the importation or intra-Community movement of plants, plant products and other objects, and these requirements are not met,

2.

special certificates for the importation or intra-Community movement are necessary and do not accompany the infestation.

In these cases, § § 5 to 7a and 8 to 8c are to be applied accordingly. Unofficial table of contents

§ 5 Requirements

The plants, plant products and other objects referred to in Annex IV, Part A, Chapter I of Directive 2000 /29/EC may be imported from a third country only if they comply with the requirements laid down in that third country. The competent authority may verify compliance with these requirements. Sentence 1 shall not apply in so far as special intergovernmental agreements or agreements of the European Community or of the European Union provide for such agreements. Unofficial table of contents

§ 6 certificates

(1) The Annex V, Part B, of Directive 2000 /29/EC and Annex I, Section C, point 1 to Annex 4 to the bilateral agreement between the European Union and the Swiss Confederation (OJ L 139, 30.4.2000, p. 31), plants, plant products and other objects may be imported from a third country only if they are imported from a plant health certificate or a plant health certificate for re-export shall be accompanied by the model set out in Annex I to Directive 2004 /105/EC of the Commission of 15 June 2004, October 2004 laying down the patterns of official phytosanitary certificates and phytosanitary certificates for re-exportation which are accompanied by the plants, plant products and other objects listed in Directive 2000 /29/EC 1. 9). (2) If the consignment is accompanied by a plant health certificate for re-export, a phytosanitary certificate issued by the country of origin must be published in a original or officially certified copy. shall be attached. If several phytosanitary certificates for re-export have been issued for a consignment, it must be accompanied by the following documents:

1.

the last plant health certificate issued for re-export, and

2.

in original copy or officially certified copy

a)

the previously issued phytosanitary products for re-export,

b)

the last plant health certificate issued and

c)

in the case of a consignment of plant products referred to in Annex IV, Part A, Chapters I, Nos 1.1 to 1.7, 2.1, 2.2, 3, 5, 6 and 7.1 to 7.3 of Directive 2000 /29/EC, other than debarked wood, a plant health certificate of the country of origin.

(3) The certificates must:

1.

be in one of the official languages of the European Union,

2.

be filled out in machine or block writing, and

3.

contain the botanical names in the Latin language.

If it is a condition for the importation of plants, plant products or other objects listed in Annex IV, Part A, Chapter I or Part B of Directive 2000 /29/EC, that they are at least one of those listed in Annex IV, Part A, Chapter I, or Part B must be specified in the "Additional explanation" field, which is fulfilled by the possible requirements contained in the respective position. Multi-copies must be marked by printing or stamping the word "copy" or "duplicate". Any change in the certificate must be officially certified; uncertified changes make the certificate invalid. The certificates shall not be issued earlier than 14 days before the consignment has left the country of dispatch. (4) The competent authority shall record the name of the place of entry and the date of receipt of the certificates on the certificates. The note shall not be signed. (5) The competent authority shall refrain from presenting the certificates, in so far as special intergovernmental agreements or agreements of the European Community or of the European Union provide for such agreements and ensure that there is no risk of the introduction of harmful organisms listed in Part A of Annex I to Directive 2000 /29/EC or in part A of Annex II to Directive 2000 /29/EC. The plants, plant products and other objects listed in Annex V, Part A, to Directive 2000 /29/EC may be imported if accompanied by a plant passport, provided that the agreements or agreements provide for this. (6) § § 3a of the Administrative Procedure Act shall not apply. Unofficial table of contents

§ 7 Inbox

(1) The plants, plant products and other objects listed in Annex V, Part B, of Directive 2000 /29/EC from a State which is neither a Member State nor any other State Party to the Agreement on the European Economic Area, may , the Federal Ministry of Food, Agriculture and Consumer Protection (Federal Ministry of Food, Agriculture and Consumer Protection) announced in agreement with the Federal Ministry of Finance in the Federal Gazette (Federal Gazette) only a customs office which has been notified under Article 36 of (2) The competent authority may temporarily, on a case-by-case basis, the competent Oberfinanzdirektion shall authorise the importation via another customs office where an import via a customs office referred to in paragraph 1 is not possible in an economically acceptable manner. Unofficial table of contents

Section 7a Information on imports

Anyone who spends plants, plant products or other objects listed in Annex V, Part B, of Directive 2000 /29/EC from a third country to the territory of the Federal Republic of Germany shall be obliged to immediately inform the competent authority shall provide the following information:

1.

The name of the plants, plant products and other objects covered by the consignment contained in the consignment, using the codes of the Integrated Customs Tariff of the European Communities and the the botanical name of the plants,

2.

the numbers of the certificates referred to in § 6,

3.

the name and address of the importer and its registration number within the meaning of section 13n (2),

4.

in the case of consignments to be examined at an approved control site in accordance with § 8a, the registration number of the importer and the name of the approved control site.

Imports shall be subject to the supervision by the competent authority of the plants, plant products and other objects. Holders of plants, plant products and other objects within the meaning of the first sentence of sentence 1 shall not remove them from the place of entry or the approved control site before the examination in accordance with § 8 (1). Unofficial table of contents

Section 7b Control of wooden packaging material

A person who imports a consignment from a third country into the territory of the Federal Republic of Germany whose goods

1.

packaging material made of wood or perennials as defined in Annex IV, Part A, Chapters 1 (2) and (8) of Directive 2000 /29/EC, or

2.

are packed with such packaging material or stowage wood, and

which are listed in a list of risk goods published in accordance with Article 8 (4), third sentence, shall be obliged to do so immediately after the consignment has been received in the territory of the Federal Republic of Germany, indicating the country of origin of the packaging material and the imported goods must be notified to the competent authority. In the case of transfer to a transit procedure as referred to in Article 4 (16) (b) of Regulation (EEC) No 2913/92, the importer shall inform the competent authority of the place of destination if it is within the scope of this Regulation. The importer shall be obliged to hold the consignment at the disposal of the competent authority until such time as the consignment has carried out the necessary checks or has informed the importer that there is no need to control it. The competent authority shall issue a certificate to the importer through the implementation of the control, including any measures taken or the renunciation of a check. The certificate referred to in the fourth sentence shall be submitted to the competent customs office by means of the declaration for the transfer of the goods to a customs procedure in accordance with Article 4 (16) (a) and (c) to (g). If the certificate is not submitted, the transfer of the consignment shall be excluded in one of the customs procedures referred to in the fifth sentence. Unofficial table of contents

§ 8 Investigation

(1) The plants, plant products and other objects listed in Annex V, Part B, of Directive 2000 /29/EC, including their packaging materials and, where necessary, their means of transport shall be at the point of entry, or, where the competent authority shall, according to Article 8a, approved, at the place of destination or, where provision is made, in another appropriate place before the customs clearance

1.

in the case of infestation with harmful organisms listed in Annex I to Directive 2000 /29/EC,

2.

in the case of plants and plant products referred to in Annex II to Directive 2000 /29/EC, in the event of infestation with the harmful organisms listed in that Annex,

3.

in the case of plants, plant products and other objects referred to in Annex IV, Part A, Chapter I and Part B of Directive 2000 /29/EC, to the extent that they comply with the requirements laid down in each of them.

The examination referred to in the first sentence may also cover the infestation with harmful organisms within the meaning of Article 4a (1) (1). (2) On imports of plants and plant products from a Contracting State of the Agreement on European An economic area which is not a Member State shall be subject to tests only in the form of samples and on the basis of samples, except where:

1.

there are facts to be concluded with harmful organisms on a case of infestation; or

2.

the consignment does not originate in a Member State or in another Contracting State, and is not accompanied by a phytosanitary certificate for the re-export of a Member State or other Contracting State.

Upon importation from a Contracting State other than a Member State, the importer shall indicate the consignment of the competent authority for the place of destination at the latest one working day before the expected arrival, and the investigation shall be carried out on the (3) The frequency of checks for plants, plant products and other objects listed in Part B of Annex V to Directive 2000 /29/EC may be reduced to the extent that: Act of the European Commission on the basis of Article 13a (5) of the Directive 2000 /29/EC. (4) Plants, plant products and other objects not listed in Annex V, Part B of Directive 2000 /29/EC, may be investigated if the facts or findings of the competent authorities of the countries concerned are: or of the Julius Kühn Institute, which shall conclude an infestation with harmful organisms listed in Part A of Annex I and Part A of Annex II to Directive 2000 /29/EC or on a harmful organism within the meaning of Article 4a (1) (1). Findings as provided for in the first sentence are also based on reports from the competent authorities in accordance with Section 3 of the General Administrative Regulation on notifications, information and surveys on harmful organisms of plants and plant products of 31 January 2007 (BAnz. 1294), risk analyses and risk-warning lists based on them. The Julius Kühn Institute makes known the list of risk lists in the Federal Gazette (Bundesanzeiger) or electronic Federal Gazette (Bundesanzeiger). (5) Plants, plant products and other objects subject to the investigation may be rejected by the import, if the owner does not make it so that the investigation can be carried out properly, or if it fails to take the necessary measures for the investigation, arranged by the competent authority. Unofficial table of contents

§ 8a Authorized Control Place

(1) Anyone who is registered in accordance with § 13n may apply to the authority responsible for the place of destination to carry out investigations according to § 8 instead of at the entry point at a specific destination (approved control place). The application shall be accompanied by a description of the place where the controls are to be carried out, including the description of the measures taken to ensure that the plants not yet examined in accordance with Article 8 are kept separate, (2) A permit may only be granted if:

1.

the place of control of at least the requirements laid down in point 3 (b) and (c) of the Annex to Commission Directive 98 /22/EC of 15 April 1998 laying down minimum requirements for the carrying out of plant health checks by third countries imported plants, plant products or other objects in the Community at inspection points other than those of the place of destination (OJ L 327, 30.4.2004, p. EC No 26), and

2.

any consignments which have not yet been examined in accordance with the provisions of this Regulation may be kept at the approved place of control in such a way as to confuse or mix them with goods,

a)

which are already in free circulation,

b)

which are not to be released for free circulation, or

c)

in which the infestation or the suspicion of infestation with harmful organisms is given,

is excluded.

(3) The authorisation may be limited to certain plants and plant products. (4) The authorisation shall be revoked if the compliance with the requirements referred to in paragraph 2 is no longer ensured. In addition, the administrative procedural rules on withdrawal and revocation remain unaffected. (5) The competent authority shall notify the Federal Ministry of Food and Food of any such authorisation pursuant to paragraph 2, as well as any amendment of such authorisation. Agriculture and consumer protection. Unofficial table of contents

Section 8b Investigation of the approved control site

(1) The competent authority of the place of entry may, upon request, authorise the examination of a specific consignment in accordance with § 8 instead of at the place of arrival at a control location approved in accordance with Section 8a or at a control location which shall be carried out by another Member State may have been authorised in accordance with the procedure laid down in Directive 2000 /29/EC, where:

1.

the consignment in addition to the certificates referred to in § 6 (1) of a phytosanitary transport document, in accordance with the model of the Annex to Commission Directive 2004 /103/EC of 7 June 2004. October 2004 laying down the rules for the checks and health checks of plants, plant products and other objects listed in Annex V, Part B, of Council Directive 2000 /29/EC, in a place other than the place of the To be carried out at the outset in the territory of the Community or at a nearby location (OJ L 327, 28.4.2002 EU No 16), and

2.

ensuring that

a)

the packaging of the consignment or the means of transport used is closed in such a way that, during transport to the approved place of control, neither infestation with pests nor any transfer of harmful organisms from the consignment can be carried out; and

b)

the plants, plant products and other objects are not subject to any likelihood of confusion.

(2) The application referred to in paragraph 1 shall be accompanied by:

1.

information on the nature of the goods to be imported;

2.

Information identifying the consignment and the official registration number of the importer, in accordance with points 3 and 4 of the phytosanitary transport document, in accordance with the model of the Annex to Commission Directive 2004 /103/EC of 7 June 2004. October 2004 (OJ C 327, EU No OJ L 313, p. 16),

3.

in so far as the products concerned are intended for a person who has the status of "authorised consignee" within the meaning of Article 406 of Commission Regulation (EEC) No 2454/93 of 2 June 1993 laying down detailed rules for the application of Regulation (EEC) No Council Decision No 2931/92 establishing the Community Customs Code (OJ L 327, 31.12.1992, p. EC No L 253 p. 1), a copy of the decision on the award of the award,

4.

in cases where the place of control is bound by an authorization referred to in Article 497 of Regulation (EEC) No 2454/93, a clearing of the grant of consent.

(3) A transfer to an approved control site in accordance with § 8a, which is not within the competence of the competent authority of the place of entry, or a place of control in another Member State may not be carried out until that place has been transferred to the The place of control of the plants or plant products to be introduced is authorised by the competent authority or authorities of another Member State and, where specific conditions are met, for the transfer to the relevant (4) The authorisation referred to in paragraph 1 shall be the subject of: , if facts justify the assumption that a proper conduct of the checks at the approved control site is no longer ensured and cannot be ensured by conditions of compliance. In addition, the administrative procedural rules on withdrawal and revocation remain unaffected. (5) The competent authority responsible for the approved control location shall note the result of the investigation in the phytosanitary transport document and shall take the Document or its copy for a period of two years following completion of the customs procedure in custody. Unofficial table of contents

§ 8c Duties of the importer

Any plants, parts of plants or other objects listed in Annex V, Part B of Directive 2000 /29/EC, to be imported into an approved control place for inspection purposes shall be subject to the conditions laid down for the approved control site. competent authority shall provide the following information at least two working days prior to the expected arrival of the consignment:

1.

the name and the exact address of the approved control centre;

2.

the date and time of the expected arrival of the consignment at the approved control site;

3.

to the extent known, the number and the date and place of the exhibition of the phytosanitary transport document pursuant to § 8b (1) (1),

4.

the name and address of the importer and its registration number within the meaning of section 13n (2),

5.

the number of the plant health certificate or the plant health certificate for re-export in accordance with section 6 (1).

The importer shall immediately inform the competent authority of any change in the particulars referred to in the first sentence of the first sentence of the first sentence of the first sentence of 1 to 5. Unofficial table of contents

§ 9 Measures

(1) In the case of investigations in accordance with Article 8, the competent authority shall establish facts which are at risk of introduction or spread of the product listed in Annex I, Part A, of Directive 2000 /29/EC or Annex II, Part A of Directive 2000 /29/EC of harmful organisms, the Commission shall take the measures necessary to prevent such danger, in particular:

1.

the destruction of the objects of infestation,

2.

the rejection of the items of infestation from importation or

3.

appropriate treatment of the infestation items

, The competent authority may order the quarantine for plants, plant products and other objects, until it is established that the risk of introduction or spread of the products listed in Annex I, Part A, of Directive 2000 /29/EC or Annex II, Part A, of the Directive 2000 /29/EC does not consist of harmful organisms. Sentences 1 and 2 shall apply mutagenly to the extent to which the competent authority determines that the plants, plant products and other objects listed in Annex IV, Part A, Chapter I of Directive 2000 /29/EC, are listed in each of the following: Do not meet requirements. § 1d shall apply. (2) The competent authority shall order the refoulement of infested objects coming from a third country, it shall provide the phytosanitary certificate or the phytosanitary certificate for re-exportation on the first Page with a red triangular stamp containing the words "INVALID" as well as the indication of the refusing authority and the date of the rejection. Unofficial table of contents

Section 10 Import facilitation

§ § 5 to 8 do not apply to the importation of up to 50 cut flowers and up to 3 kilograms of fruit per person originating in Europe and the adjacent Mediterranean region,

1.

does not expressly preclude the prohibition of the import of § § 2 to 4; and

2.

the items of infestation are not intended for commercial, breeding or scientific purposes; for seed, Section 6 (1) in conjunction with Annex V, Part B, Chapter I, No 1, and Chapters II (5) and (6) of Directive 2000 /29/EC shall be unaffected.

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Section 11 Protection

The living parts of plants and plant products listed in Appendix 1 may be examined prior to customs clearance for infestation with harmful organisms listed in Appendix 2, if there is an indication of an infestation. If they are to be moved to a free port, the competent authority may order that they must be immediately notified of the investigation. Where the investigation results in an infestation, the competent authority may order the living parts of plants and plant products to be decontaminated, processed or re-exported; it may lay down more detailed provisions for this purpose. Unofficial table of contents

§ 12 Export investigation

The competent authority shall, on request before the export, examine plants, plant products and other objects, including their packaging materials and, where necessary, their means of transport for infestation with harmful organisms, to the extent that: (2) The competent authority may refuse an investigation as referred to in paragraph 1 if the applicant is to examine the conditions for the investigation of the Plants, plant products and other objects (3) The competent authority shall issue a plant health certificate only if, in the studies referred to in paragraph 1, there is no infestation with harmful organisms have been identified and the plants, plant products and other objects, including their packaging at the time of the examination, shall be subject to the phytosanitary import requirements of the third country to which, after the application, the export is to be carried out. The certificate shall be used by the Federal Ministry of Food, Agriculture and Consumer Protection in the Federal Gazette (Bundesanzeiger), known and officially produced, which must contain at least the information specified in Appendix 3. A uniform stamp for plant health checks shall be used for the official stamp in accordance with the model of Appendix 4. The issuing of a plant passport pursuant to § 13c shall only be issued if the applicant has been included in an official list by the competent authority (registration) and the phytosanitary import regulations of the third country are Use of a plant passport. Article 13n (2), (3) and (4) shall apply to the registration provided for in sentence 1. (4) The phytosanitary certificate may only be used to accompany the plants, plant products and other objects examined in accordance with paragraph 1; the use of the plant health certificate shall be subject to the following conditions: (5) After the plant health certificate has been issued, the person who applied for the exhibition of the plant health certificate shall be obliged to supply the plants, plant products or other objects. including their packaging material, to which the A plant health certificate shall be retained until export is to be kept in such a way as to prevent infestation with harmful organisms. The competent authority may order the measures necessary to prevent the infestation of plants, plant products and other objects with harmful organisms referred to in the first sentence. (6) The competent authority may: Infested items for which no application has been made in accordance with paragraph 1 intended for export to a third country and for which special phytosanitary import conditions are laid down in that third country, to compliance with of these import conditions. If the conditions for importation are not available in that third country, the competent authority may prohibit the export to that third country until an application has been made in accordance with paragraph 1 or the measures necessary to ensure that: to meet the import requirements of the third country. Unofficial table of contents

§ 13 transit

§ § 2 to 8c shall apply to the transit of plants, plant products and other objects listed in Annex III, Part A, of Directive 2000 /29/EC and Annex IV, Part A, Chapter I, Nos. 1.1 to 1.7, 2.1, 2.2, 3, 5, 6 and 7.1 to 7.3 of the Directive 2000 /29/EC, as appropriate. On request, the competent authority may authorise the transit of plants, plant products and other objects referred to in the first sentence, if appropriate measures prevent the risk of the introduction of harmful organisms into the plant. Moreover, in the case of transit, the provisions of this Regulation shall not apply.

Third Section
Spending intra-Community

Subsection 1
General rules on intra-Community movement

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§ 13a Movement prohibition

The harmful organisms listed in Part A of Annex I to Directive 2000 /29/EC may not be brought within the Community. (2) Plants, plant products and other objects covered by one of the plants listed in Annex I, Part A, of the Directive (3) plants and plant products listed in Annex II, Part A of Directive 2000 /29/EC, which are listed in Annex II to Directive 2000 /29/EC and listed in Annex II, Part A of Directive 2000 /29/EC, Harmful organisms are not allowed to be brought within the Community. The competent authority may prohibit the intra-Community transfer of the harmful organisms listed in Part A of Annex II to Directive 2000 /29/EC, on their own or on plants and plant products other than those listed in this Appendix. (4) If a part of a consignment is infested, the remaining parts may be moved within the Community only if they are not suspected of being seizure and a spread of the harmful organism appears to be excluded in the separation of the parts. (5) The plants listed in Part A of Annex III to Directive 2000 /29/EC, Plant products and other objects originating in or coming from a region listed in each of them may not be brought within the Community; in so far as the conditions laid down in Part A of Annex III to Directive 2000 /29/EC are met (5) The plants, plant products and other objects listed in Part A of Annex III to Directive 2000 /29/EC, originating in or coming from, shall be listed in shall not be brought within the Community; to the extent that: III, Part A of Directive 2000 /29/EC, this applies only if these conditions are met. Unofficial table of contents

§ 13b Requirements

Plants and plant products listed in Annex IV, Part A, Chapter II of Directive 2000 /29/EC may only be brought within the Community if they comply with the requirements laid down therein. Unofficial table of contents

§ 13c Plant passport

The plants, plant products and other objects listed in Part A of Annex V to Directive 2000 /29/EC and seeds listed in Annex IV, Part A, Chapter II of Directive 2000 /29/EC may only be transported within the Community. where they are accompanied by a plant passport which meets the requirements laid down in Article 1 (2) (a) and (3) of Commission Directive 92/105/EEC of 3 December 1992 on a limited harmonisation of shipments of of certain plants, plant products or other objects within the Community to establish the procedure for their exhibition and the criteria and the procedure for the exchange passports (OJ L 327, 22.7.1999, p. EC No 22) in the version in force. The first sentence shall not apply to the extent to which the plants, plant products and other objects are, on the basis of a customs procedure or, if the competent authority so arranges, at the place of destination or at another appropriate place in the territory of the customs authorities. To be examined. The first and second sentences as well as Articles 13d to 13g shall also apply to plants, plant products and other objects for which the European Commission, in accordance with Article 16 (3), in conjunction with Article 18 (2) of Directive 2000 /29/EC, provides for: The Federal Ministry of Food, Agriculture and Consumer Protection has announced the legal act in the Federal Gazette (Bundesanzeiger). The Federal Ministry of Food, Agriculture and Consumer Protection also makes 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, in so far as the plants, plant products and other objects are not subject to a movement ban according to § 13a and comply with the requirements of § 13b. (3) The plant passport referred to in paragraph 2 shall consist of a label or a label and a Goods accompanying paper and shall contain the following information:

1.

the term "EC plant passport";

2.

the indication "DE";

3.

the name or an officially known label of the competent authority responsible for issuing the plant passport or the permit referred to in Article 13d (1) sentence 1;

4.

the registration number of the producer or of the producer who spends the plants, plant products or other objects within the Community;

5.

the serial number of the plant passport, the batch number or the number of the week in which the plants, plant products and other objects are brought within the Community;

6.

the botanical name in the Latin language;

7.

the number of plants, plant products and other objects or their mass;

8.

in so far as the plant passport replaces another plant passport, the letters "RP" and an indication that, directly or on the basis of company records, a tracing back to the registered producer or the registered importer , which for the first time has brought the plants, plant products and other objects within the Community;

9.

as far as the plants, plant products and other objects originate in a third country, the name of the country of origin or of the country of dispatch.

Section 6 (3), first sentence, no. 1 and 2 shall apply. (4) If the plant passport consists of a label and a document accompanying the goods, the label must contain the information provided for in the first sentence of paragraph 3 (1) to (5) and the accompanying document, the particulars referred to in the first sentence of paragraph 3, first sentence, no. 1 to 9. If the accompanying document is marked with a number, this number may also be used as the serial number of the plant passport. (5) The plant passport may only be accompanied by plants, plant products and other items of a consignment. shall be used; re-use for other consignments shall be inadmissible. The label shall be affixed either to the plants, plant products or other objects, to their packaging or to the means of transport. (6) A plant passport may be replaced by another plant passport, if:

1.

several consignments or parts thereof are combined into one consignment, or

2.

the plants, plant products and other objects

a)

a consignment is distributed among several consignments, or

b)

have been accompanied by a plant passport valid for the movement into a protected area and are no longer in accordance with the requirements of § 13i.

(6a) In the case of seed listed in Annex IV, Part A, Chapter II of Directive 2000 /29/EC, the documents issued in the framework of official seed recognition shall be considered as a plant passport within the meaning of paragraph 1, if the European Commission does so in a Act on the basis of Article 10 (1) of Directive 2000 /29/EC. The Federal Ministry of Food, Agriculture and Consumer Protection makes the legal acts referred to in the first sentence of the Federal Gazette (Bundesanzeiger). (7) § 3a of the Administrative Procedure Act does not apply. (8) Paragraphs 1 to 7 also apply to plants, Plant products and other objects for which the European Commission, in accordance with the procedure referred to in Article 16 (3), in conjunction with Article 18 (2) of Directive 2000 /29/EC, has a plant passport duty in the one published in the Official Journal of the European Communities Union has established a legislative act. Unofficial table of contents

§ 13d Approval

At the request of the competent authority, the issuing of plant passports for certain plants, plant products and other objects listed in Annex V, Part A, Chapter I of Directive 2000 /29/EC, may be carried out by a holding which shall be referred to in paragraph 13n , to the extent that an investigation carried out during the holding has shown in accordance with paragraph 2 that the plants, plant products and other objects are not subject to a movement ban according to Article 13a, at the time of the Examination of the requirements according to § 13b is to be expected and to be expected that these Requirements will be met in the future. In so far as this is necessary to comply with the provisions of this Regulation, the authorisation may be subject to conditions, including subsequently. It may be granted on a temporary basis, in so far as this is necessary in the circumstances, in particular with regard to the cultivation method of the plants, the situation of infestation or the risk of spreading harmful organisms. The competent authority may revoke the authorisation if one of the conditions for its grant has been subsequently omitted. (2) The competent authority shall examine the plants, plant products and other plants present in the holding. Articles, in so far as it is necessary with a view to the delivery of plant passports, also in accordance with section 13c (2),

1.

in the event of infestation with the harmful organisms listed in Part A of Annex I to Directive 2000 /29/EC and Annex II, Part A of Directive 2000 /29/EC, and

2.

in the case of plants, plant products and other objects referred to in Annex IV, Part A, Chapter II of Directive 2000 /29/EC, to the extent that they comply with the requirements laid down therein.

The investigation shall be carried out again if, in the circumstances, in particular as regards the cultivation procedure, the situation of infestation and the risk of the spread of harmful organisms, the investigation shall at least include: to be done once a year. Packaging materials and means of transport may be included in the studies. (3) The owner or owner of plants, plant products or other objects subject to the investigation shall have the right to carry out the investigation. It is necessary to take the necessary measures to support the persons responsible for carrying out the investigation and to submit the necessary documents. Plants, plant products and other objects which are subject to the investigation shall be made available in such a way as to enable the investigation to be carried out properly. Unofficial table of contents

§ 13e Storage

Any plants, plant products and other objects for the production of plant products listed in Part A of Annex V to Directive 2000 /29/EC shall be granted

1.

the plant passport or, if the plant passport consists of a label and a document accompanying the goods, to keep the accompanying document at least for the duration of one year; and

2.

Keep records of each consignment with reference to the accompanying plant passport.

If the plant passport consists of a label and it is not possible to store it, a copy of the plant passport shall be kept. The records referred to in the first sentence of paragraph 2 shall be kept for a period of at least three years. Unofficial table of contents

§ 13f Investigation

The competent authority may use the living parts of plants listed in Annex IV, Part A, Chapter II, points 18.5 and 30.1 of Directive 2000 /29/EC, and the plants, plant products and other objects listed in Annex V, Part A, to the extent that this is necessary to protect against the risk of spreading harmful organisms,

1.

in the case of harmful organisms or harmful organisms listed in part A of Annex I to Directive 2000 /29/EC within the meaning of Section 4a (1) (1),

2.

in so far as they are listed in Annex II, Part A of Directive 2000 /29/EC, to infestation with the harmful organisms listed in each case and,

3.

in so far as they are listed in Annex IV, Part A, Chapter II of Directive 2000 /29/EC, to the extent to which they comply with the requirements set out in each of them.

(2) studies carried out during intra-Community and reception operations may be carried out only in the form of random samples, unless:

1.

there are facts which indicate that there is an infestation with harmful organisms; or

2.

the consignment does not originate in a Member State and is not accompanied by a plant passport or a plant health certificate for re-export.

Plants, plant products and other objects not listed in Part A of Annex V to Directive 2000 /29/EC may be examined where facts or findings of the competent authorities of the countries or of the Julius The refrigeration institute shall be responsible for the closure of harmful organisms or harmful organisms listed in Annex I, Part A, or Annex II, Part A of Directive 2000 /29/EC within the meaning of Section 4a (1) (1). Section 8 (4) sentence 2 shall apply mutatily. (4) § 13d (2) sentence 3 and (3) shall apply accordingly. Unofficial table of contents

§ 13g Measures

(1) Where investigations are carried out in accordance with Article 13d (2) or (1) 13f (1) or (3), the competent authority shall determine the facts as to the risk of the spread of the product listed in Annex I, Part A of Directive 2000 /29/EC or Annex II, Part A of Directive 2000 /29/EC , it shall take the measures necessary to prevent such danger, in particular:

1.

the destruction of the objects of infestation,

2.

the movement of the infestation items under official supervision

a)

in areas where the risk of spreading the harmful organisms does not exist or

b)

to institutions serving the processing of the infestation, or

3.

appropriate treatment of the infestation items

, It may also order the necessary measures to ensure compliance with the requirements set out in Section 13b. (2) The competent authority may prohibit, in whole or in part, the movement within the Community and the storage of infestation items in certain places, until it is established that the risk of spreading of the items listed in Annex I A Directive 2000 /29/EC or Annex II, Part A of Directive 2000 /29/EC, shall no longer exist.

Subsection 2
Special provisions for the placing in protected areas

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§ 13h Movement ban

The harmful organisms listed in Part B of Annex I to Directive 2000 /29/EC may not be brought into the protected areas listed in that Annex. (2) The plants listed in Annex II, Part B, to Directive 2000 /29/EC, and Plant products which are affected by a harmful organism in each case may not be brought into the corresponding protected area. (3) The plants listed in Part B of Annex III to Directive 2000 /29/EC, and Plant products must not be brought into the protected areas listed there. If, in Part B of Annex III, special conditions are laid down for the prohibition of movement referred to in the first sentence, this shall apply only if these conditions are met. (4) Where, in accordance with Article 2 (1) (h), in conjunction with Article 18 (2) of the Directive 2000 /29/EC, the harmful organisms listed there, as well as the plants and plant products listed therein, which contain a supplement containing the harmful organisms listed there, shall not be allowed to be placed in the respective organisms. Protected areas are spent. Where the recognition of the protected area is subject to special conditions for the prohibition of movement, this shall only apply if these conditions are met. The Federal Ministry of Food, Agriculture and Consumer Protection makes the list of protected areas in the Federal Gazette known. Unofficial table of contents

§ 13i Special requirements for the movement

The plants, plant products and other objects listed in Annex IV, Part B, to Directive 2000 /29/EC may only be brought into the protected areas referred to therein if the respective requirements are met. Unofficial table of contents

§ 13j Plant passport

(1) The plants and plant products listed in Part B of Annex II to Directive 2000 /29/EC and Annex IV, Part B, to Directive 2000 /29/EC may only be brought into the protected area listed in that Annex if they are covered by a plant passport shall be accompanied by the requirements laid down in Article 1 (2) (a) and (3) and Article 3 (2) (d) of Directive 92 /105/EEC. § 13c (1) sentence 2 applies accordingly. (2) The plant passport shall be issued on request by the competent authority to the extent that the plants and plant products are not subject to a movement ban according to § 13h, according to the requirements of § 13i and the conditions for the delivery of a plant passport pursuant to § 13c (2). (3) In addition to the information specified in § 13c (3) sentence 1, the plant passport referred to in paragraph 2 must also include the letters "ZP" and the letters listed in the Annex to the Directive 2001 /32/EC, as amended, for the respective protected area . Where the plant passport consists of a label and a document accompanying the goods, the particulars referred to in the first sentence shall be included in the accompanying document. Unofficial table of contents

§ 13k Approval

At the request of the competent authority, the issuing of plant passports by a holding which has been registered in accordance with § 13n may be used for the transfer of certain items listed in Annex II, Part B of Directive 2000 /29/EC, and Annex IV, Part B, of the Directive 2000 /29/EC of listed plants and plant products, with the exception of live parts of plants referred to in Part IV (A) No 2.1.1 to 2.1.5, column 1, into a protected area, to the extent that a study carried out in operation, as referred to in paragraph 2, results that the plants and plant products do not prohibit a movement in accordance with § 13h , at the time of the investigation, comply with the requirements laid down in § 13i and it is to be expected that these conditions will be met in the future. In addition, the conditions for a permit pursuant to Section 13d (1) sentence 1 must be met. The competent authority shall examine the plants, plant products and other objects present in the holding, in so far as they are concerned with the issuing of plant passports, even in accordance with Article 13g (2) thereof, , in addition to the investigations in accordance with § 13d (2),

1.

in so far as the movement into a protected area has been indicated in Part B of Annex I to Directive 2000 /29/EC, in the event of infestation with the harmful organisms listed in that Annex,

2.

in so far as the movement has been indicated in a protected area referred to in Part B of Annex II to Directive 2000 /29/EC, in the event of infestation with the harmful organisms listed therein; and

3.

in so far as the movement has been indicated in a protected area referred to in Part B of Annex IV to Directive 2000 /29/EC and is concerned with plants, plant products and other objects listed there, whether or not they are listed in the Annex IV to Directive 2000 /29/EC. Meet requirements.

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§ 13l Measures

In the case of investigations in accordance with Article 13k (2), the competent authority shall establish facts which indicate an infestation with the harmful organisms listed in Part B of Annex I to Directive 2000 /29/EC or Annex II, Part B, to Directive 2000 /29/EC, , in order to protect against the risk of the introduction of harmful organisms into a protected area, it may order the measures necessary to prevent such danger in the circumstances. It may also order the necessary measures to ensure compliance with the requirements set out in § 13i. § 1d shall apply accordingly. Unofficial table of contents

§ 13m Promote by a protected area

Those plants and plant products listed in Part B of Annex II to Directive 2000 /29/EC and Annex IV, Part B, of Directive 2000 /29/EC, excluding live parts of plants referred to in Part IV, point A, point 2.1.1 to 2.1.5, column 1, shall be replaced by: is to promote a protected area without a plant passport in accordance with Article 13j (1) sentence 1, has to ensure that:

1.

the packaging used and the means of transport

a)

are free from the harmful organisms listed in Part B of Annex I to Directive 2000 /29/EC and Annex II, Part B, to Directive 2000 /29/EC as regards the protected area concerned,

b)

be so designed that there is no risk of the spread of harmful organisms referred to in point (a),

2.

the nemality is preserved; and

3.

the goods accompanying document indicates that the place of origin or the place of origin and the place of destination are situated outside the protected area.

2. The competent authority may order the necessary measures to ensure compliance with the conditions laid down in paragraph 1. Those who wish to transport plants and plant products in accordance with paragraph 1 through a protected area without a plant passport issued for the respective protected area in accordance with Article 13j (1) sentence 1 shall, in such a timely manner, submit this to the authority responsible for its operation. to indicate that the competent authority may order the measures referred to in the first sentence.

Fourth Section
Registration, marking and handling of wood

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§ 13n Registration

(1) Who

1.

plants, plant products or other objects,

a)

listed in Annex V, Part B, to Directive 2000 /29/EC, to be imported from a third country,

b)

listed in Annex V, Part A, to Directive 2000 /29/EC, which is intended to be part of the Community,

c)

listed in Annex IV, Part A, Chapter II, points 18.5 and 30.1 of Directive 2000 /29/EC, are intended to be stored for commercial purposes or to be intra-Community,

d)

for which a decision of the European Community or of the European Union lays down the obligation to plant the plant, whether or not it is intended to be a Community, or

2.

plants and plant products listed in Annex II, Part B, or Annex IV, Part B of Directive 2000 /29/EC, to a protected area listed in that Annex,

must have been included in an official register by the competent authority (registration). (2) On request, the competent authority shall adopt those who import plants, plant products and other objects referred to in paragraph 1; shall be placed in a register and shall issue a registration number to the applicant for the purpose of their intra-Community or commercial storage. A form shall be used for the application by the competent authority. (3) Where an activity referred to in paragraph 1 (1) (a) or (b) or (2) is carried out for professional purposes or an activity referred to in paragraph 1 (1) (c), the inclusion shall be made in the the official list shall require:

1.

the competent authority

a)

a fully completed application is available, and

b)

has been designated a person who can provide the necessary information on plant production in the establishment and the plant protection measures; and

2.

ensuring that a management plan is available for inspection by the competent authority, indicating the place within the holding which is included in Annex V to Directive 2000 /29/EC, Annex II, Part B, of the Directive 2000 /29/EC, Annex III, Part B, of Directive 2000 /29/EC, Annex IV, Part B of Directive 2000 /29/EC, or the plants listed in Annex V to Directive 2000 /29/EC or Part B of Annex I to Directive 2000 /29/EC, Annex II, Part B Directive 2000 /29/EC, Annex III, Part B, of Directive 2000 /29/EC, Annex IV, Part B, of the Directive 2000 /29/EC shall be stored or stored in any other way.

Any changes made to the information provided for in the form referred to in the second sentence of paragraph 2 shall be notified to the competent authority without delay by the persons performing an activity in accordance with the first sentence. (4) The person who has been registered in accordance with paragraph 2 shall have the following information:

1.

to notify the competent authority without delay of the occurrence or suspicion of the occurrence of the harmful organisms listed in Part A of Annex I to Directive 2000 /29/EC or Annex II, Part A of Directive 2000 /29/EC,

2.

Records of

a)

the date of receipt, the sender and the type and quantity or mass of the substances listed in Annex V to Directive 2000 /29/EC, Annex II, Part B, of Directive 2000 /29/EC, Annex III, Part B, of Directive 2000 /29/EC, Annex IV, Part B, of Directive 2000 /29/EC plants, plant products and other objects which have been acquired for storage or planting in the holding; and

b)

the nature and quantity or mass of the plants, plant products listed in Annex V to Directive 2000 /29/EC, Annex II, Part B of Directive 2000 /29/EC, Annex III, Part B, to Directive 2000 /29/EC, Annex IV, Part B, to Directive 2000 /29/EC, and other objects which have been produced in the holding or which have been delivered to others,

and must be kept for a period of at least three years, and

3.

carry out on-the-spot checks on infestation with harmful organisms listed in Annexes 1 and 2, to the extent that the competent authority arranges it.

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§ 13o Ruhen of registration

If the competent authority finds, in the case of registered establishments, that the conditions for the registration of a holding are no longer available or that the holding does not comply with the obligations laid down in Article 13n (4), the competent authority shall order the resting of the registration until to remedy the shortcomings identified. With the resignation of the registration, the authorisations granted to the holding pursuant to § 13d (1) sentence 1 and § 13k (1) sentence 1 shall be extinguished. The competent authority may also order the registration of the registration at the request of the registered establishment. Unofficial table of contents

§ 13p Registration with regard to the treatment and labelling of packaging made of wood

(1) Who

1.

Wood according to the International Standard for Wooden Packaging Material, prepared according to the International Plant Protection Convention, (Notice of the Julius Kühn Institute of 28 February 2014, BAnz AT 02.04.2014 B3) and with the notice for treatment on the market,

2.

packages made of wood, including perennials, made of wood as referred to in point 1, which are to be treated in accordance with the standard referred to in paragraph 1 or which are to be labelled in accordance with the standard referred to in paragraph 1,

3.

Repair or rework the wooden packaging material referred to in point 2;

shall be registered by the competent authority. (2) The registration by the competent authority of a registration number shall be made on request, if an investigation of the holding has shown that:

1.

the wood is treated in accordance with the requirements of the standard referred to in paragraph 1 in the case referred to in paragraph 1, and a person has been appointed who, through the measures for the treatment and the wood stored in the holding, has the necessary means to: information may be provided, or

2.

the packaging made of wood shall, in the cases referred to in point 2 of paragraph 1, meet the requirements of the standard referred to in paragraph 1 and records of the origin of the timber used in the holding shall be kept.

The person who has been registered in accordance with paragraph 1 shall have records of the type and number of packages treated or marked in accordance with the standards referred to in paragraph 1 and of any other type of wood or of wood produced from wood, and on the way in which the wood or the packaging made of wood is treated, in particular on the duration of the heat treatment or in the case of chemical treatment by means of the agent, the active substances, the quantity, the duration and where applicable, the physical pressure used, and for at least three Years of age. If the treatment has been carried out by third parties, the records must be attached and kept in the registered establishment. (3) In so far as it is necessary to comply with the requirements of paragraph 2, the registration may also be later, subject to conditions. It shall be revoked if one of the conditions for its grant is subsequently eliminated. It may be granted on a temporary basis to the extent that this is necessary in the circumstances, in particular as regards the risk of spreading harmful organisms. The competent authority shall examine, at least once a year, whether the conditions for registration are still in place. In doing so, the Authority may leave the technical control of the equipment or technical devices used for treatment to an officially recognised expert referred to in paragraph 5, or the submission of an opinion from such an official (4) In the case of registered establishments, the competent authority shall establish that the conditions for the registration of a holding are no longer available or that the holding does not fulfil the obligations laid down in paragraph 3, It shall assign the rest of the registration until the deficiencies have been remedied. In addition, the provisions on the withdrawal and revocation of administrative acts shall remain unaffected. (5) The competent authority shall, at the request of an expert, identify an expert if the expert

1.

on the reliability required for the implementation of the control and on the basis of completed professional vocational training or a completed subject-related course of study on the required technical knowledge and skills ,

2.

has the necessary metrological equipment to carry out the checks, and

3.

provides the assurance that the checks are carried out free of conflicts of interest and that it does not have a personal interest in the outcome of the checks.

The technical knowledge and skills as well as the suitability of the metrological equipment must be proven by appropriate certificates and certificates. The expert shall be obliged to notify the competent authority without delay of any changes to the conditions laid down in the first sentence and to allow the competent authority to have access to the control bodies and to ensure that the control procedure is carried out. To provide information. The competent authority shall revoke the recognition if any of the conditions set out in the first sentence no longer exist or the expert is in breach of his obligations under the third sentence. (6) Those who shall be timber in accordance with the standard referred to in paragraph 1 (1) of this Article shall be accepted. , without carrying out any such treatment, shall be obliged to notify the competent authority of that activity no later than 30 days after the date of its inclusion. The undertaking referred to in the first sentence shall keep records of the origin and whereabilty of the timber placed on the market, and shall keep records for three years from the date of record. Unofficial table of contents

§ 13q Labelling

(1) The marking in accordance with the standard referred to in § 13p (1) (1) shall be immediately after the manufacture of the packaging made of wood which has been treated in accordance with the standard referred to in § 13p (1) (1) or after the treatment of the Packaging, in accordance with the following provisions. A marking of a packaging made of wood which has not been treated in accordance with the standard referred to in Article 13p (1) (1) shall not be permitted subject to the provisions of sentence 3. The competent authority may, on request before the treatment, authorise the labelling of the wood packaging if, by the end of the production process, it is ensured, within an operating site, that the treatment is immediately after the Labelling shall be carried out and organisational measures shall ensure that the placing on the market of the labelled but not yet treated wood packaging shall be excluded. The competent authority shall verify that the conditions laid down in the third sentence are met at least every twelve months from the date of issue of the permit. (2) The marking must be in accordance with the specimen in Appendix 5 and shall contain the following information:

1.

the indication "DE",

2.

an officially known identification of the competent authority for registration in accordance with section 13p (1) (1);

3.

the registration number of the holding which has treated or marked the timber used in accordance with section 13p (1) (1);

4.

the combination of letters defined by the standard referred to in Article 13p (1) (1) for the treatment method used,

5.

the symbol referred to in Annex II to the standard referred to in Article 13p (1) (1).

(3) The particulars must be enclosed by a rectangle whose line may be interrupted. The corners must be rounded. The symbol referred to in paragraph 2 (5) shall be on the left of the rest of the information and shall be separated from it by a line. This line may be interrupted. By way of derogation from the specimen in Appendix 5, the information referred to in paragraph 2 (1) to (3) may be applied in two or three lines if it is not possible to apply on a line for spatial reasons. By way of derogation from the specimen in Appendix 5, the indication referred to in paragraph 2, point 4, may be placed on the same line as the information referred to in points 2 and 3 of paragraph 2, or the symbol may be displayed if an application is made in different lines. It is not possible for spatial reasons. In this case, the indication referred to in paragraph 2 (4) shall be separated by a hyphen from the information referred to in paragraphs 2 and 3 of paragraph 2. Information other than the information referred to in paragraph 2 may not be included in the rectangle. (4) The labelling referred to in paragraph 2 shall be subject to the following conditions:

1.

readable,

2.

permanently and non-removable and

3.

be attached to at least two well-visible parts of the packaging made of wood at any time.

The use of red or orange colour for the marking is not permitted. Unofficial table of contents

§ 13r Reworking and reprocessing of wooden packaging material

(1) Hölzernes packaging material, which has been treated and labelled in accordance with the standard referred to in § 13p (1) (1) and is to be used again as such, may only be repaired with:

1.

wood which has been treated in accordance with the requirements of the standard referred to in Article 13p (1) (1) and which is marked after the improvement; or

2.

Non-wooden materials or wood-based materials referred to in Chapter 2.1 of Section 13p (1) (1).

An improvement shall be provided if at most up to one third of the wooden packaging material is replaced. (2) Hölzernes packaging material which has been treated and labelled in accordance with the standard referred to in § 13p (1) (1) and once again as such is to be used, after a work-up, it is to be treated and marked again according to the requirements of the standard referred to in § 13p (1). Markings already present on the wood in the sense of § 13p (1) shall be permanently removed. § 13p shall apply accordingly. Work-up shall be deemed to be the case if more than one third of the components of the wooden packaging material are replaced. (3) Wood packaging shall be repaired or worked up with materials other than those referred to in the first sentence of paragraph 1, all the original markings shall be permanently removed. Unofficial table of contents

§ 13s Use of wooden packaging material

If it is a condition for the importation of wooden packaging materials into a third country that the wooden packaging material is treated and labelled in accordance with the requirements of the standards referred to in Article 13p (1) (1), the person who is If it wishes to send goods to this third country and uses wooden packaging materials, use only wooden packaging material, which is indicated in accordance with § 13q (1).

Fifth Section
Final provisions

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Section 14 Exceptions

The competent authority may, upon request, where there is no risk of the spread of harmful organisms, authorise the importation of plants, plant products or other objects from third countries, derogations from:

1.

§ 3 (1) and 2 (1) in the case of plants intended for planting, and

2.

§ § 4, 5, 6 and 8,

insofar as this is in accordance with a decision of the Commission or of the Council of the European Communities on the basis of Article 15 of Directive 2000 /29/EC. (2) In addition to the exceptions provided for in paragraph 1, the competent authority may, where no The risk of the spread of harmful organisms shall be caused, upon request, to authorise the importation of plants, plant products and other objects cultivated, produced or used in the immediate border area of a neighbouring third country and are cultivated or used in the immediate border area of the country should be The application shall be accompanied by appropriate evidence of their location in the third country and shall also provide information on their intended use or remain domestiy. These plants, plant products and other objects may only be imported if accompanied by a proof of origin. The authorisation may be accompanied by the obligation to provide, upon importation, the competent authority of an official certificate issued by the third country on the origin of the goods from the specified location. (3) The competent authority may make exceptions to § 13. in connection with § § 4 to 8 for transit under customs supervision. (4) The competent authority may allow exceptions to § 13c (1) and § 13n (1), in so far as the provisions of Annex V, Part A, Chapter I of Directive 2000 /29/EC , plants, plant products and other objects listed in the establishment or on Weekly markets are issued in accordance with Article 67 (1) of the Commercial Code and are intended for recipients who do not produce plant production for commercial purposes, nor do plants, plant products and other objects for commercial purposes in Transport and there is no risk of spreading harmful organisms. The first subparagraph shall not apply to plants listed in Annex V, Part A, Chapter I, point 1.3 of Directive 2000 /29/EC. (5) § § 13b, 13c (1) and 13n (1) shall not apply to the goods to be treated as well as to individual plants and plant products up to ten kilograms, to the extent that:

a)

Non-compliance with the movement prohibitions pursuant to § 13a

b)

the objects of the infestation are not to be taken within the community for commercial, breeding or scientific purposes.

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§ 14a Exceptions for experimental and breeding purposes

(1) The competent authority may, upon request, insofar as there is no risk of the spread of harmful organisms, exceptions to § § 2 to 9 as well as of § § 13a to 13o for scientific purposes, experimental purposes or plant breeding projects (2) The application shall contain the following information:

1.

the name and address of the applicant;

2.

scientific name, type, quantity and origin of the plant material or of the harmful organism,

3.

the nature, duration, objective and description of the project;

4.

the purpose of the importation or intra-Community introduction,

5.

Address and description of the locations and places of implementation of the project,

6.

the proposed entry point in the case of importation.

The application shall be accompanied by a suitable certificate of origin for the plant material or the harmful organism. The competent authority may require further information to the extent necessary in the individual case to prevent the risk of introduction or spread of the harmful organism. (3) The authorisation may be granted if the compliance with the Requirements of Annex I to Commission Directive 2008 /61/EC of 17 June 2008 on the conditions under which plants, plant products and other objects are to be tried, in accordance with Annexes I to V to Council Directive 2000 /29/EC, Research and breeding purposes in the Community or in certain protected areas of the same be introduced or to be introduced (OJ L 327, 22. 41), as amended, is to be applied in the current version. The applicant shall be obliged to notify without delay any change in the course of the project indicated in the application or any change in the purpose. The authorisation may subsequently be subject to conditions. (4) Plants, plant products, other objects or harmful organisms which are imported under the derogation referred to in paragraph 1 or which are brought within the Community, shall be accompanied by a certificate issued in accordance with the model in Annex II to Directive 2008 /61/EC and shall be stored, examined and treated only in the quarantine conditions listed in Annexes I and III to Directive 2008 /61/EC . During transport, there must be no risk of spreading harmful organisms. The quarantine conditions may be repealed by the competent authority on request or after negative results of the studies referred to in Annex III to Directive 2008 /61/EC. Unofficial table of contents

Section 14b Communications

The Julius Kühn Institute, Federal Research Institute for Cultural Plants, will delegate the power to transport with the European Commission or the competent authorities of other Member States in the following cases:

1.

Communications and information on the occurrence and suspicion of harmful organisms, and on the implementation of measures to prevent the risk of their introduction or spread;

2.

A quarantine measure imposing a quarantine measure on any complaint relating to any consignment of plants, plant products or other objects or harmful organisms from a third country, if the consignment has been rejected or destroyed, the removal of the object of indecency from the consignment or the treatment of the goods has been ordered,

3.

Information on complaints concerning the consignments of plants, plant products or other objects from a Member State if the consignment has not been accompanied by a plant passport in accordance with § 13c or 13j or if measures pursuant to § 13g have been ordered,

4.

notices of exceptions approved in accordance with Section 14 (1) or (2) or Section 14a (1) of this Regulation,

5.

Communications on the approved control sites in accordance with § 8a.

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§ 14c Transfer of receivables

In so far as the European Union participates in the performance of a country in compensation or compensation, a claim for compensation or compensation shall be paid to the person entitled to compensation or compensation against a person entitled to compensation or compensation. Third, the amount of the pro-rata financing of the European Union is due to it; moreover, the request is made to the country to the extent that it has participated in the financing with its own share. Unofficial table of contents

§ 15 Administrative Offences

(1) In the sense of § 68 (1) (3) (a) of the Plant Protection Act, who intentionally or negligently acts

1.

in accordance with the first sentence of Article 1a (1), including in conjunction with paragraph 2, an indication shall not be reimbursed, not correct, wholly or not in good time,

2.

against

a)

§ 1b, sentence 1, or

b)

Section 8 (2) sentence 2

no indication, not correct, complete or non-timely, or an examination of a consignment is not made possible,

3.

, contrary to § 2, introduces a harmful organism,

4.

, contrary to § 3 (1) or (2) sentence 1, § 4 sentence 1, § 5 sentence 1 or § 7 (1), a plant, a plant product or any other object shall be introduced,

5.

Contrary to Article 3 (3), a part of a consignment is introduced,

6.

an enforceable arrangement in accordance with § 4a, paragraph 1, sentence 1, 2 or sentence 4 or paragraph 2 sentence 2 or § 13g,

7.

Contrary to § 7a sentence 1, an indication is not made, not correct, not complete or not in good time,

7a.

Contrary to § 7a sentence 3, a plant, a plant product or any other object shall be removed,

8.

Contrary to § 7b, sentence 1, also in conjunction with sentence 2, a communication does not make, not correct, not complete or not in good time, or does not inform the competent authority, not correct, not fully or in good time,

9.

in the case of a plant health certificate or a plant passport, contrary to Article 12 (4) or § 13c (5) sentence 1,

10.

, contrary to § 13a (1) or § 13h (1), spends a harmful organism,

11.

Article 13a, paragraph 2, sentence 1 or paragraph 5, § § 13b, 13c (1) sentence 1, § 13h (2) or (3), § 13i or § 13j (1) sentence 1 provides a plant, a plant product, seed or other object,

12.

, contrary to Article 13a (4), a part of a consignment,

13.

, contrary to § 13n (3) sentence 2 or § 13p (6) sentence 1, an indication is not reimbursed, not correct or not reimbursed in good time,

14.

, without registration in accordance with § 13p (1), placing timber on the market or marking a packaging made of wood or improving or working up wooden packaging material,

15.

Contrary to Article 13q (1), second sentence, a packaging made of wood is marked,

15a.

Contrary to § 13s, wooden packaging material is used or

16.

, contrary to Article 14a (4), first sentence, a plant, a plant product or any other object is stored, examined or treated.

(2) In the sense of Section 68 (1) (3) (b) of the Plant Protection Act, who intentionally or negligently does not retain a packaging material or not for the prescribed period, contrary to § 7b sentence 3. (3) The provisions of paragraph 1 (2) (b), (3), (4), (5) or (7) shall also apply to transit within the meaning of the first sentence of Article 13. Unofficial table of contents

§ 16

(dropped) Unofficial table of contents

§ 17

(dropped) Unofficial table of contents

§ 18

(Entry into force) Unofficial table of contents

Appendix 1 (to § 11)
Protection of stocks, live parts of plants and plant products

Source of the original text: BGBl. I 2000, 439;
with regard to of the individual amendments. Footnote

1

Cereals

Barley (Hordeum vulgare L.), Hafer (Avena sativa L.), Maize (Zea mays L.), Mohrenhirse (Sorghum Moench), Roggen (Secale cereale L.), wheat (Triticum sp.),

also peeled, sanded, shredded, squeezed, relaxed or stowed

2

Rice (Oryza sativa L.), broken

3

Manioc root tubers (Manihot esculenta Crantz), whether or not crushed, crushed or pellets

4

Peanut (Arachis hypogaea L.), with or without a sleeve, also crushed

5

Bran and other residues of the sifting, milling or other processing of cereals or legumes (Leguminosae)

6

Residues from manioc starch production, whether or not pellets

7

Oilcake and other residues of the extraction of vegetable oils, whether or not crushed, other than oil draß

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Appendix 2 (to § 11)
Protection of stocks, harmful organisms

Source of the original text: BGBl. I 2000, 439
Harmful organisms scientific designation German name 12

Cryptolestes Ganglb.	High-end flat beetle
Oryzaephilus mercator Fauv.	Peanut leaf beetle
Oryzaephilus surinamensis L.	Cereal flatbeetle
Rhizopertha dominica F.	Cereal Capuchin
Sitophilus granarius L.	Grain beetles
Sitophilus oryzae L.	Rice beetle
Sitophilus zeamais Motsch.	Corn beetle
Sitotroga cerealella Oliv.	Grain size
Tenebroides mauritanicus L.	Black grain warehouse
Tribolium castaneum Hbst.	Red-brown rice flour beetle
Tribolium confusum Duv.	American rice flour beetle
Trogoderma granarium Everts.	Khaprakäfer

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Appendix 3 (to § 12 para. 3 sentence 2)

The phytosanitary certificate or the phytosanitary certificate for re-export shall contain at least the following information:

1.

Designation of the issuing plant protection service

2.

Name and address of the sender

3.

Name and address of the recipient

4.

Place of origin of plants or plant products

5.

Transport

6.

Border crossing point

7.

Number, quantity and description of the packages, botanical name of the plants, name of plant products

8.

Information on the investigations carried out, if necessary on decontamination and disinfection

9.

Date and place of the exhibition

10.

Signature of the Officer

11.

official stamp.

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Appendix 4 (to § 12 para. 3 sentence 3)

Pattern of a stamp
(... non-representable pattern
Fundstelle: BGBl. I 2005, 2923) Unofficial table of contents

Appendix 5 (to § 13q)
Marking for treated wood according to § 13q

(Fundstelle: BGBl. I 2011, 2933) PDF document is displayed in your own window