Vor

Section Ten:

Interim Regulation

Article 69
Interim Provisions

(1) In derogation of Article 11, Article 33 paragraph 5, Article 34 and Article 35 first sentence no 2 shall be directly applicable until 8 May 2003. Where, prior to the date specified in the first sentence, a Federal Land lays down rules and regulations pertaining to the provisions referred to therein, in order to comply with ob­ligations arising from Article 75 paragraph 3 of the Basic Law (Grundgesetz), the applicability of the first sentence of this paragraph shall expire on the effective date of the respective rules and regulations of the Federal Land concerned. The first and second sentences above shall not apply where a Federal Land has laid down corresponding rules and regulations prior to the entry into force of this Act.

(2) Articles 30 and 30 a in the version applicable until 8 May 1998 shall be applied to administrative and criminal offences relating to specimens of specially protected fauna or flora species under Council Regula­tion (EEC) No 3626/82 if these offences were committed before 1 June 1997. Article 4 paragraph 3 of the Administrative Offences Act (Gesetz über Ordnungswidrigkeiten) and Article 2 paragraph 3 of the Penal Code (Strafgesetzbuch) shall not apply within this scope.

(3) Article 58 shall be applicable to the participation of associations within the framework of administrative procedures that commenced after 3 April 2002. Administrative procedures that commenced before 3 April 2002 shall be completed in accordance with Article 29 of the Federal Nature Conservation Act in the ver­sion applicable until 3 April 2002.

(4) Article 59 shall be applicable to procedures for the recognition of associations by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety that commenced after 3 April 2002. Admin­istrative procedures that commenced before 3 April 2002 shall be completed in accordance with Article 59.

(5) Article 61 shall be applicable to

1.     administrative acts for which an application was filed after 3 April 2002 and

2.     administrative acts adopted after 1 July 2000 if these can still be legally challenged and if, in the preced­ing administrative procedure, participation of the associations recognized by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety or by the respective Federal Laender was prescribed by law.

(6) Paragraph 5 and Articles 58 and 61 shall apply mutatis mutandis to associations recognized by the Fed­eral Ministry for the Environment, Nature Conservation and Nuclear Safety in accordance with Article 29 of the version of the Federal Nature Conservation Act applicable until 3 April 2002.

(7) For associations recognized by Federal Laender in accordance with Article 29 of the Federal Nature Conservation Act in the version applicable until 3 April 2002, paragraph 5 and Article 61 shall be applicable mutatis mutandis until 3 April 2005, where the associations are entitled to involvement on the basis of Arti­cle 29, paragraph 1 nos 3 and 4 of the Federal Nature Conservation Act in the version applicable until 3 April 2002 or on the basis of the rules and regulations under Laender law within the framework of Article 60 paragraph 2 nos 5 and 6. In the case of administrative acts based on administrative procedures that com­menced before 3 April 2002 and are not referred to in Article 61 paragraph 1, the respective Laender provi­sions applicable until that date which govern legal remedies filed by associations shall continue to apply. Where the Federal Laender, prior to the expiry of the date specified in the first sentence, lay down rules and regulations implementing Article 60 paragraph 2 nos 5 and 6 to meet obligations arising from Article 75 paragraph 3 of the Basic Law (Grundgesetz), the first and second sentences shall cease to be applicable from the date at which the respective rules and regulations under the law of the Land concerned come into force.

Article 70
Applicability of Provisions of the Previous Version of the Act

(1) As long as a Federal Land has not yet laid down any provisions in the framework of Article 60 to im­plement obligations arising from Article 75 paragraph 3 of the Basic Law (Grundgesetz), Article 29 in the version applicable until 3 April 2002 shall continue to be applied until 3 April 2005 to associations recog­nized or to be recognized by the Federal Land concerned.

(2) Where, prior to the expiry of the date specified in paragraph 1 above, a Federal Land will lay down pro­visions within the framework of Article 60 to implement obligations arising from Article 75 paragraph 3 of the Basic Law (Grundgesetz), Article 29 of the Federal Nature Conservation Act in the version referred to in paragraph 1 above shall cease to be applicable from the date at which the respective provisions of the Federal Land concerned enter into force.

Article 71
Adaptation of Laender Law

The obligations of the Federal Laender arising from Article 75 paragraph 3 of the Basic Law (Grundgesetz) shall be met by 8 May 2003 with respect to Articles 32 to 35 and Article 37 paragraphs 2 and 3, and within a period of three years from the entry into force of this Act with respect to all other issues.