Ref. no.: MA 58-1517195-2022 Page 1 of 5
Version: 10 April 2024
DRAFT
Year 2024 Issued on xx xxxxxxx 2024
xxth Act: Vienna Plant Protection Products Act; Amendment CELEX Nos:
32021R1165, 32021R0383, 02009R1107, 32008R0889, 32009L0128
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PROVINCIAL LAW
GAZETTE
FOR VIENNA
Year 2024 Issued on 13 December 2024
46. Act: Vienna Plant Protection Products Act; Amendment [CELEX Nos:
32009L0128 and 32009R1107]
Act amending the Vienna Plant Protection Products Act
The Viennese Landtag has decided:
Article I
the environment. Integrated plant protection focuses on the growth of healthy crops with the lowest
possible disruption to agricultural ecosystems and promotes natural mechanisms to control or regulate
pests.
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Provincial Law Gazette for Vienna – Issued on 13 December 2024 – No 46 2 of 5
(7) Plant protection equipment includes pouring, sprinkling, spraying, spreading, dusting and other
equipment intended for the application of plant protection products.
(8) The environment means water, air and soil, as well as the relationships between these on the one
hand and with all living beings on the other.

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(9) An adviser is a person who has acquired appropriate knowledge and provides advice on plant
protection and the safe use of plant protection products as part of their professional activity, including
private-sector self-employed people and public advisory services.
c)the date of application; and
d)the full name of the professional user (§ 2(10)).
These records shall be kept chronologically and for at least three years.
The requirements laid down in Commission Implementing Regulation (EU) 2023/564 of 10 March 2023
as regards the content and format of the records of plant protection products kept by professional users
pursuant to Regulation (EC) No 1107/2009 of the European Parliament and of the Council, OJ L 74,
13.3.2023, p. 4, shall be complied with from 1 January 2026.
(3) When applying plant protection products, smoking, eating and drinking is prohibited. If
necessary, personal protective equipment suitable for the specific use shall be used. After application of
plant protection products, unprotected areas of skin, including hands, shall be cleaned thoroughly.’
areas within the meaning of the Forest Act 1975, in addition to authorised basic substances (§ 5(1)) only
authorised plant protection products that are either considered to be low-risk plant protection products
(§ 2(2)) or suitable for use in organic production (§ 2(3)) may be used.
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(3) By way of derogation from paragraph (2), authorised synthetic plant protection chemicals may
also be used in order to comply with EU law, international agreements, orders made under the Vienna
Plant Protection Act or the legal acts of the authorities based thereon, and in the following areas:
of vegetation for safety reasons;
3.used for practising sport or for sports competition, if the area is not predominantly available for
use by children and adolescents up to the age of 14;

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4.requiring the use of synthetic plant protection chemicals in the interests of national safety;
5.regarded as gardens and parks within the meaning of § 1(12) of the Monument Protection Act, as
well as areas that are equally worthy of protection and preservation due to their historical
‘and reliability (paragraph (3)) continues to exist.’ are added.
10. In § 9e(6), following the reference ‘paragraph (5)’ the words ‘as well as continued reliability
(paragraph (3)) in writing’ are inserted.
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11. § 11(1) shall read:
‘(1) If the offence does not constitute a criminal offence falling within the jurisdiction of the
ordinary courts, an administrative offence punishable
a)acts contrary to § 3, § 4(1) and (2), § 5(1) and (3), § 6, § 6a(1), (2) and (4), § 7(1) to (5), § 10b,
orders made pursuant to § 10c(1), or
b)the ordinances issued on the basis of § 7(8), § 7a(1) and § 8,

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c)uses plant protection products within the meaning of § 3 contrary to the official prohibition
(prohibition on the application of plant protection products, § 9e(7) and (9)),
2.by a fine of up to EUR 1 000 is committed by anyone who
c)where plant protection products (§ 2) are used or applied, is unable to provide a valid training
certificate (§ 4(2)) to the supervisory bodies (§ 10(2)), or
d)fails to carry or cannot provide valid photo identification contrary to § 4(3).’
12. In § 11(4), the reference ‘§ 31(2)’ is replaced bythe reference ‘§ 31(1)’.
12. In § 11(4), the reference ‘§ 31(2)’ is replaced bythe reference ‘‘§ 31(1)’.
13. § 11c(2) and (3) shall read:
‘(2) Where this Act refers to federal laws or federal ordinances, these shall apply in the version in
force on 1 June 2024.
the version as amended by Regulation (EU) 2021/383,
c.and d. in the original version cited above
shall apply.
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Notification
§ 11e. The Act amending the Vienna Plant Protection Products Act (Provincial Law Gazette for
Vienna No xxx/202X) has been notified in accordance with the provisions of Directive (EU) 2015/1535
of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the
Vienna No 46/2024) has been notified in accordance with the provisions of Directive (EU) 2015/1535 of
the European Parliament and of the Council of 9 September 2015 laying down a procedure for the
provision of information in the field of technical regulations and of rules on Information Society services
(Text with EEA relevance), Celex No 32015L1535, OJ L 241, 17.9.2015, p. 1, as amended (Notification
No 202X/xxxx/A/xx).’
(Notification No 2024/207/AT).’
15. In § 12(1), after the reference ‘paragraph (2)’ the words ‘and paragraph (3)’ are inserted.

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16. The following paragraph (3) is inserted after § 12(2):
16. The following paragraph (3) is added after § 12(2):
‘(3) Authorised synthetic plant protection chemicals which have already been purchased by users
before the entry into force of the Act, Provincial Law Gazette for Vienna No XX/2024, may be used until
before the entry into force of the Act, Provincial Law Gazette for Vienna No 46/2024, may be used until
31 December 2025.’
Article II
This Act shall enter into force at the end of the day of its promulgation.
Governor: Director of the Provincial Administrative Offices:
Ludwig Griebler
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