Vor

Section Nine:

Administrative Fines and Penalties

Article 65 Administrative Fines

(1) An administrative offence shall be deemed to be committed by any person who, wilfully or by negli­gence,

1.     contravenes Article 42 paragraph 1 no 1 of this Act, by pursuing, capturing, injuring or killing any specimen of wild fauna species concerned, or by removing from the wild, damaging or destroying any of the morphological forms of their life cycles, their nesting or breeding sites, other living quarters or inhabited sites or places of refuge,

2.     contravenes Article 42 paragraph 1 no 2 by cutting off, picking, uprooting, tearing off, digging out, damaging or destroying any specimen of the wild flora species concerned, or parts or morphological forms of development thereof,

3.     contravenes Article 42 paragraph 2 first sentence no 2 of this Act, also in conjunction with paragraph 3 first sentence no 1 or no 2, no 2 in conjunction with an Ordinance pursuant to Article 52 paragraph 4, by selling, buying, offering for purposes of sale or purchase, keeping in stock or transporting for pur­poses of sale, acquiring, displaying to the public or using in some other way for commercial purposes, any specimen of the fauna or flora concerned or any derivative thereof.

(2) Furthermore, an administrative offence shall be deemed to be committed by any person who, wilfully or by negligence,

1.     contravenes any Ordinance (Rechtsverordnung) pursuant to

a)     Article 45 paragraph 2

b)     Article 52 paragraph 5 or

c)     Article 52 paragraph 6 first sentence, or Article 52 paragraph 7,

or contravenes any enforceable rules or instructions based on such ordinance, where the ordinance re­fers, with respect to the offence concerned, to the present provision on administrative fines,

2.     contravenes Article 42 paragraph 1 no 3 by disturbing any specimen of wild fauna species,

3.     contravenes Article 42 paragraph 1 no 4 by impairing or destroying any relevant sites,

4.     contravenes Article 42 paragraph 2 first sentence no 1, also in conjunction with paragraph 3 first sen­tence no 1 or no 2, no 2 in conjunction with an Ordinance (Rechtsverordnung) pursuant to Article 52 paragraph 4, by gaining possession of, taking in custody, having in possession or in custody, handling, working or processing any specimen of certain fauna or flora species, or derivatives thereof,

5.     contravenes Article 46 paragraph 1 by failing to register any specimen of the fauna or flora species con­cerned for import or export, failing to register such specimens of fauna or flora correctly, or by failing to present such specimens on time,

6.     contravenes Article 46 paragraph 2 by failing to provide information, failing to provide correct or com­plete information, or failing to provide the information on time, or

7.     contravenes Article 50 paragraph 1 by failing to provide information, failing to provide correct or com­plete information, or failing to provide the information on time, or

8.     contravenes Article 50 paragraph 2 second sentence by failing to assist the person appointed, or to sub­mit business documents, or to submit them completely or on time.

(3) An administrative offence shall be deemed to be committed by any person who violates Council Regu­lation (EC) No 338/97 by, wilfully or by negligence,

1.     contravening Article 4 paragraph 1 first sentence, or paragraph 2 first sentence, or Article 5 paragraph 1 or paragraph 4, first sentence, by importing, exporting or re-exporting a specimen of a species referred to therein,

2.     contravening Article 4 paragraphs 3 or 4 by failing to register the import, or by failing to register the import correctly, completely or on time,

3.     contravening Article 8 paragraph 1, also in conjunction with Article 5, by buying a specimen of a spe­cies referred to therein, offering for sale, acquiring, displaying or using such a specimen for commercial purposes, or by selling such a specimen, or keeping, offering or transporting such a specimen for the purpose of sale, or

4.     contravening any enforceable requirement under Article 11 paragraph 3 first sentence.

(4) An administrative offence shall be deemed to be committed by any person who violates Council Regu­lation (EEC) No 3254/91 by, wilfully or by negligence,

1.     contravening Article 2 by using leghold traps, or

2.     contravening Article 3 paragraph 1 first sentence by transferring the pelt or fur of an animal species re­ferred to therein, or a good referred to therein, into the Community.

(5) In the cases referred to in paragraph 1 and paragraph 2 no 1, letter b, and no 4, in paragraph 3 nos 1 and 3 and in paragraph 4 above, administrative offences may be punished by a fine of up to EUR fifty thousand; in other cases, such offences may be punished by a fine of up to EUR ten thousand.

(6) The administrative authority referred to in Article 36 paragraph 1 no 1 of the Administrative Offences Act (Gesetz über Ordnungswidrigkeiten) shall be:

1.     The Federal Agency for Nature Conservation in the cases referred to

a)     in paragraph 1 no 3, in paragraph 2 no 4 and in paragraph 3 no 3 with regard to actions associated with imports into and exports out of the Community,

b)     in paragraph 2 no 7 with regard to contraventions of obligations to inform the Federal Agency for Nature Conservation,

c)     in paragraph 2 no 8 and paragraph 3 no 4 with regard to measures taken by the Federal Agency for Nature Conservation,

d)     in paragraph 3 no 1 and paragraph 4 no 2,

2.     the competent principal customs office in the cases referred to in paragraph 2 no 1 letter a and no 5 and in paragraph 3 no 2, and 3. in all other cases: the respective competent authority of the Federal Land concerned.

Article 66
Penal Provisions

(1) Any person who, habitually or for commercial purposes, commits any of the wilful acts mentioned in Article 65 paragraph 1, paragraph 3, nos 1 or 3, or paragraph 4 shall be liable to a term of imprisonment of up to three years, or a fine.

(2) Any person who commits any of the wilful acts mentioned in Article 65 paragraph 1, paragraph 3 nos 1 or 3, or paragraph 4, with regard to any specimen of fauna or flora of strictly protected species shall be li­able to a term of imprisonment of up to five years, or a fine.

(3) Any person who commits any of the acts referred to in paragraph 2 above habitually or for commercial purposes shall be liable to a term of imprisonment ranging from three months to five years.

(4) In cases where the perpetrator commits any act referred to in paragraph 2 above by negligence, he or she shall be liable to a term of imprisonment of up to six months, or a fine of up to one hundred and eighty per diems.

Article 67 Confiscation

In cases where an administrative offence as defined in Article 65 or a criminal offence as defined in Article 66 above has been committed,

1.     the objects to which the administrative or criminal offence relates,

2.     any objects used, or intended to be used, when committing the offence or during the preparation thereof,

may be confiscated. Article 23 of the Administrative Offences Act and Article 74 (a) of the Penal Code shall be applicable.

Article 68
Powers of the Customs Authorities

In cases where administrative or penal offences under the present Act are committed in connection with the importation or exportation of specimens of fauna or flora, the competent administrative authorities and the Public Prosecutor’s Office may also entrust the respective principal customs offices (Hauptzollämter) or the customs investigation offices (Zollfahndungsämter) with conducting investigations (Article 161, first sen­tence, of the Code of Criminal Procedure). Article 37 paragraphs 2 to 5 of the Foreign Trade and Payments Act (Außenwirtschaftsgesetz) shall apply mutatis mutandis.

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