Amendment Of The Pyrotechnics Act 2010 (Pyrotg-Novelle 2014)

Original Language Title: Änderung des Pyrotechnikgesetzes 2010 (PyroTG-Novelle 2014)

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20. Federal Law, with which the pyrotechnic law is amended in 2010 (PyroTG-Novelle 2014)

The National Council has decided:

The Pyrotechnic Law 2010, BGBl. I n ° 131/2009, as last amended by the Federal Law BGBl. I No 161/2013, shall be amended as follows:

1. In the table of contents, after the entry " 19. Pyrotechnic ID " the following entry is inserted:

" § 19a.

Delivery of the pyrotechnic ID "

2. In the table of contents, the title of the 2. Main item:

"placing on the market, supply, conformity assessment and market surveillance"

3. In the table of contents, the heading is 1. Section of the 2. Main item:

"Duties of economic operators"

4. In the table of contents, according to the section title "Duties of economic operators" the following entry is inserted:

" § 20a.

General principles "

5. In the table of contents, after the entry " § 21. Obligations of the manufacturer " the following entries are inserted:

" § 21a.

Technical documentation

§ 21b.

EU conformity assessment

§ 21c.

EU Declaration of Conformity

§ 21d.

Registration Number "

6. In the table of contents the title is to § 25:

" § 25.

Obligations of the importer "

7. In the table of contents, after the entry " § 25. Obligations of the importer " the following entries are inserted:

" § 25a.

Obligations of the trader

§ 25b.

Circumstances under which the manufacturer ' s obligations shall also apply to the importer and the distributor "

8. In the table of contents the title is to § 26:

" § 26.

Participation obligations "

9. In the table of contents, the heading to the second section of the 2. Main item:

"Notifying Authority and notified bodies"

10. In the table of contents, according to the section title "Notifying Authority and notified bodies" the following entries are inserted:

" § 26a.

Notification procedure

§ 26b.

Evaluation and monitoring

§ 26c.

Tasks of the notified body

§ 26d.

Reporting and reporting requirements of the notified body

§ 26e.

Register and Directory "

11. In the table of contents, after the entry " § 26e. Register and Directory " the following entry is inserted:

" 3. Section: Market monitoring "

12. In the table of contents, after the entry " § 27. Market surveillance " the following entry is inserted:

" § 27a.

Prudential measures "

13. In the table of contents, the heading to the second section of the 3. Main item:

" 2. Section: Provision, surrender, inheritance and legacy "

14. In the table of contents, the title is to § 30:

" § 30.

Provision and release of pyrotechnic articles and sentences "

15. In the table of contents, after the entry " § 32. Pyrotechnic articles and phrases without CE marking or marking " the following entry is inserted:

" § 32a.

Pyrotechnic articles for vehicles "

16. In the table of contents, the entries are after the entry " § 33. Reicer-generating pyrotechnic articles and sentences " :

" § 34.

Cknit body of category F2

§ 35.

Non-industrial manufacture, delaboration and manipulation "

17. In § 1 Z 1 shall be deleted after the word "Überlassung" the word "and" , it will be after the word "Überlassung" A dash and a word after the word "Marketing" the phrase "and deployment" inserted.

18. § 2 para. 1 Z 1 reads:

" 1.

Fusing plates, rings and bands as far as they are intended for toys within the meaning of Directive 2009 /48/EC on the safety of toys, OJ L 327, 30.4.2009, p. No. OJ L 170, 30.6.2009, p. 1,

19. In § 2 para. 1 Z 3 the word "Stage Effects" by the word "Effect means" replaced.

20. § 4 reads:

" § 4. Within the scope of this Federal Act, the following definitions shall apply:

1.

Accreditation is the confirmation by a national accreditation body that a notified body meets the requirements applicable to it in order to carry out a specific conformity assessment activity.

2.

Accreditation body is the authority which provides accreditation within the meaning of Article 2 (11) of Regulation (EC) No 765/2008 on the requirements for accreditation and market surveillance relating to the marketing of products and repeal. of Council Regulation (EEC) No 339/93, OJ L 327, 31.12.1993, p. No. OJ L 218, 13.08.2008 p. 30.

3.

Igniters are objects of categories P1 and P2, with which pyrotechnic articles and sets are typically brought to ignite under flames.

4.

Notified bodies shall be those bodies set up in the list of notified bodies published by the European Commission, indicating their identification number and the tasks assigned to them, in accordance with Directive 2013 /29/EU on the harmonisation of the Legislation of the Member States relating to the provision of pyrotechnic articles on the market (recast), OJ L 327, No. 27., and are therefore entitled to carry out the conformity assessment described in this Federal Act.

5.

The provision on the market shall be any charge of a pyrotechnic article or sentence for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge.

6.

Böllershoot is the ignition of powder charges for the production of a bang effect.

7.

CE marking is an indication by which the manufacturer declares that the pyrotechnic article meets the applicable requirements laid down in the Union's harmonisation legislation on the application of the pyrotechnic article.

8.

Expertise shall be the sum of the chemical, physical, technical and legal knowledge and practical skills required to cover pyrotechnic articles or phrases of the category. F4, T2, P2 or S2, in accordance with the provisions of this Act and the Regulations and Provisions, which are based on them, and shall be allowed to use and use.

9.

Fireworks are pyrotechnic articles for entertainment purposes that are assigned to category F1, F2, F3 or F4.

10.

Traders are any natural or legal person in the supply chain, other than the manufacturer or importer, who, in the course of their business activities, provides a pyrotechnic object or a set on the Union market.

11.

A manufacturer shall be a natural or legal person who designs or manufactures a pyrotechnic article or sentence, or who may develop or manufacture such an item or sentence in order to make it under his or her own name or in his own name. Placing a brand on the market.

12.

Importer is any natural or legal person established within the Union who, in the course of its business activities, places a pyrotechnic article or sentence originating from a third country on the market for the first time on the Union market.

13.

The placing on the market shall be any initial provision of a pyrotechnic article or sentence on the Union market.

14.

Legal person is also a registered private company.

15.

Conformity assessment is the procedure for assessing whether the essential safety requirements of Directive 2013 /29/EU on a pyrotechnic article have been met.

16.

The declaration of conformity is proof of the manufacturer that the pyrotechnic article complies with the essential safety requirements of Annex I to Directive 2013 /29/EU.

17.

The net explosive mass is the sum of the masses of all the sets in a pyrotechnic article without ignition.

18.

Pyrotechnic articles for stage and theatre are pyrotechnic articles intended for use on stages in the interior and exterior areas, as well as in film and television productions or for a similar intended use.

19.

[0050] pyrotechnic articles for vehicles are components of safety devices in vehicles which contain pyrotechnic substances which are used for activating these or other devices.

20.

The pyrotechnic article is any object containing one or more pyrotechnic articles, including ignition agents, and shaped powder bodies or shaped sets (semi-or pre-processed).

21.

Recall is any measure aimed at the effect of returning a pyrotechnic article or sentence already provided to the end user.

22.

Withdrawal is any measure intended to prevent the provision of a pyrotechnic article or phrase in the supply chain on the market.

23.

Subject-matter shall be the sum of the chemical, physical, technical and legal knowledge and practical skills required to provide pyrotechnic articles of category F3 in accordance with the provisions of this Act and the provisions of this Act. to be able to use and use regulations and foes based on this.

24.

Sets are loose explosive substances or mixtures of substances which, as a result of an exothermic, chemical reaction, have an effect in the form of heat, light, sound, gas, fog, smoke, movement, pressure or stimulus, or a combination of these effects.

25.

Other pyrotechnic articles are all pyrotechnic articles which are not fireworks and are not pyrotechnic articles for stage and theatre.

26.

Each levy of a pyrotechnic article or sentence from a natural person to another natural person in the private sector is left to the discretion of the person concerned.

27.

Economic operators are manufacturers, importers and distributors.

28.

Composite fireworks is a manufacturer-assembled object of several fireworks with CE marking, fixed on the same base plate, which are glued together by the manufacturer and without further manipulation If the object "composite fireworks" has also been assessed in its entirety in conformity with the law, the individual ignition is determined. "

21. § 7 reads:

" § 7. On the basis of this Federal Act, cases which authorize the possession and use of pyrotechnic articles or phrases shall be, at the request of the security authorities, the institutions of the Public Security Service and the customs authorities, and their organs within the framework of these bodies pursuant to Section 29 of the German Customs Law Implementing Act, BGBl. No 659/1994, and, in the event of the transport or use of the pyrotechnic articles or phrases covered by these authorizations, in the original or in the copy. '

22. In § 10 (1), after the word "Security Management" the phrase "or to the European Commission and notified bodies in compliance with Union law obligations" and after the word "lawful" the phrase "or Union law" inserted.

23. In § 18 (4) (2) (2) the word "Three" by the word "six" replaced.

24. Before § 20, the following § 19a and title shall be inserted:

" Delivery of the pyrotechnic ID

§ 19a. With the conclusion of a new pyrotechnic ID, the relevant previous document loses its validity and is to be delivered to the authority or to be drawn in by the authority. "

25. The title of the second main item is:

"placing on the market, supply, conformity assessment and market surveillance"

26. The title of the 1. Section in the second main piece is:

"Duties of economic operators"

27. Before § 21, the following § 20a and title shall be inserted:

" General principles

§ 20a. (1) Pyrotechnic articles may only be placed on the market if:

1.

comply with the essential safety requirements set out in Annex I to Directive 2013 /29/EU,

2.

they comply with the harmonised European standards published in the Official Journal of the European Union;

3.

certify their conformity by a notified body after the implementation of a procedure in accordance with § 21b and an EU declaration of conformity in accordance with section 21c has been issued for them,

4.

they are provided with the CE marking and the registration number referred to in § 22 of this Article,

5.

they have a marking in accordance with § § 23 or 24 (1) to (5) and

6.

they are provided with an instruction manual and safety information in German.

The Z 1 and the Z 2 can also be present as an alternative.

(2) Pyrotechnic sentences may only be placed on the market if they have an identification according to § 24 (6).

(3) In the context of a specific obligation of participation by the Authority, economic operators shall, at the request of the Authority, make available all the information and documents necessary for the verification of conformity of pyrotechnic articles. "

28. § 21 reads:

" § 21. (1) The manufacturer shall only place pyrotechnic articles on the market if they meet the requirements of § 20a (1).

(2) The manufacturer shall also have prior to placing on the market

1.

to classify pyrotechnic articles according to their use or purpose and the degree of their hazards, including their noise levels, in categories according to § § 11 to 13,

2.

to prepare the technical documentation in accordance with § 21a and to have the conformity assessment carried out in accordance with Section 21b,

3.

after completion of the conformity assessment procedure and receipt of a certificate of conformity issued by the notified body, a CE marking according to § 22 (1), the registration number according to § 21d and, where applicable, the identification number according to § 22 para. 3 to the to apply pyrotechnic articles, to mark the pyrotechnic articles in accordance with § § 23 or 24 (1) to (5) and to issue an EU declaration of conformity in accordance with § 21c.

(3) The manufacturer must keep the technical documentation according to § 21a, the EU declaration of conformity in accordance with § 21c and the records of the registration numbers ten years from the placing on the market of the pyrotechnic articles. In the event of termination of its commercial authorization, the records of the registration numbers shall be transmitted to the Authority.

(4) Where the manufacturer has reason to believe that a pyrotechnic article does not comply with Article 20a (1), it shall, in so far as it is necessary to protect the health and safety of consumers, immediately take all measures, in particular: To withdraw or recall the pyrotechnic object in order to restore the lawful condition and to inform the Authority. "

29. According to § 21, the following § § 21a, 21b, 21c and 21d together with headline are inserted:

" Technical documents

§ 21a. The technical documentation shall contain all relevant information enabling the manufacturer to assess the conformity of the pyrotechnic article with the requirements of Article 20a (1) (1) (1) and (2). In particular, they shall contain the elements referred to in Annex II to Directive 2013 /29/EU in the relevant module.

EU conformity assessment

§ 21b. When assessing the conformity of pyrotechnic articles, one of the following procedures shall be carried out in Annex II to Directive 2013 /29/EU:

1.

the EU type-examination procedure (module B) and, at the choice of the manufacturer, either

a)

the procedure for testing the design on the basis of internal production control with monitored product tests at irregular intervals (module C2), or

b)

the procedure for testing the design on the basis of a quality assurance related to the production process (module D), or

c)

the procedure for testing the design on the basis of quality assurance in relation to the product (module E);

2.

the procedure for the individual examination (module G);

3.

the process of comprehensive quality assurance of the product (module H), as far as pyrotechnic articles of category F4 are concerned.

EU Declaration of Conformity

§ 21c. (1) Before being placed on the market, the manufacturer must confirm, by means of an EU declaration of conformity, that the essential requirements set out in Annex I to Directive 2013 /29/EU are met.

(2) The EU declaration of conformity shall be in accordance with the model in Annex III to Directive 2013 /29/EU and shall contain the elements specified in the modules in Annex II to Directive 2013 /29/EU. It is to be written in German.

(3) In the event that a pyrotechnic subject is subject to a number of European Union legislation, in which an EU declaration of conformity is required in each case, only one EU declaration of conformity is required for all EU legislation. , This declaration shall specify the legislation in force in the Union, together with its reference in the Official Journal.

Registration number

§ 21d. (1) After successful completion of the conformity assessment, the manufacturer shall, before placing on the market, have the registration number assigned by the notified body on the pyrotechnic articles themselves or, if this is not possible, on a pyrotechnic article. attached to the label or on the packaging. The registration number shall contain the following elements:

1.

the four-digit identification number of the notified body which complies with the certificate of conformity in accordance with the conformity assessment procedures referred to in Article 9 (a) of Directive 2007 /23/EC concerning the placing on the market of pyrotechnic articles, OJ L 327, 30.11.2007, p. No. L 154 of 14.06.2007 S 1, as amended by Regulation (EU) No 1025/2012, OJ L 327, 22.12.2007, p. 12, repealed by Directive 2013 /29/EU, OJ L 316, 27.11.2013, p. No. 27 (module B) or the certificate of conformity in accordance with the conformity assessment procedure referred to in Article 9 (b) of Directive 2007 /23/EC (module G) or an authorisation for quality assurance systems in accordance with has issued the conformity assessment procedure referred to in Article 9 (c) of Directive 2007 /23/EC (module H);

2.

the category of the pyrotechnic article, the conformity of which is certified, in abbreviated form, in capital letters:

a)

F1, F2, F3 and F4 for fireworks of categories F1, F2, F3 and F4;

b)

T1 or T2 for pyrotechnic articles for stage and theatre of category T1 and T2;

c)

P1 or P2 for other pyrotechnic articles of category P1 and P2;

3.

the processing number used by the notified body for the pyrotechnic article.

(2) The registration number shall have the following structure: "XXXX-YY-ZZZZ", where XXXX refer to paragraph 1 Z 1, YY to paragraph 1 Z 2 and ZZZZ to paragraph 1 Z 3. "

30. § 22 (1) reads:

" (1) After successful completion of the conformity assessment, the manufacturer, in accordance with the general principles of Article 30 of Regulation (EC) No 765/2008, has the CE mark visible, legible and durable on the pyrotechnic articles themselves . If this is not possible, the CE marking shall be affixed to the packaging and to the instructions for use and safety information. "

31. § 22 (3) reads:

" (3) If, at the stage of production control, the notified body was not active in accordance with Article 21d (1) (1) (1) (1), the identification number of the other notified body shall be that itself, or, in accordance with its instructions, by the manufacturer, behind the CE marking. "

32. § 23 (1) (1) to (5) read:

" 1.

the name, registered trade name or registered trade mark and the postal address of the manufacturer or importer, if the manufacturer is not established in the European Union,

2.

the name and type of the item,

3.

security information,

4.

the registration number according to § 21d and

5.

the product, batch or serial number. "

33. In § 24 (1), after the word "Manufacturer" the phrase "or the importer" and after the word "Federal territory" the phrase "put on the market and" inserted as well as the word "Leave" by the word "provided" replaced.

34. § 24 para. 2 Z 1 reads:

" 1.

the name, registered trade name or registered trade mark and the postal address of the manufacturer, "

35. According to Article 24 (2) (1), the following Z 1a is inserted:

" 1a.

if the manufacturer is not established in the European Union, the information on the manufacturer according to Z 1 as well as the name, registered trade name or registered trade mark and the postal address of the importer, "

36. The following Z 2a, 2b and 2c shall be inserted in accordance with Article 24 (2) (2) (2):

" 2a.

the registration number referred to in § 21d,

2b.

the CE marking according to § 22,

2c.

the product, batch or serial number of the article, "

37. In § 24 para. 2 Z 5 the word "Instructions for use" through the phrase "Instructions for use and safety information" replaced.

38. In § 24 (3) and (4), the word "In addition" in each case by the word sequence "without prejudice to the information referred to in paragraph 2" replaced.

39. In § 24 (3) (4) and (4) (2) (2) the word "and" in each case by means of a supplement and after the word "minimum safety distance" the phrase "or parameters for the determination of the minimum safety distance" inserted.

40. In § 24 (5) the expression " 1 to 4 " by the expression " 2 to 4 " replaced.

41. In § 24 (6) the first sentence reads:

"The labelling of pyrotechnic phrases which are placed on the market or made available in the Federal territory must contain at least the name and type of the sentence, the category in question, and a user manual and safety information."

42. § 25 and headline is:

" Obligations of the importer

§ 25. (1) The importer may place only pyrotechnic articles on the market,

1.

which are in accordance with Article 20a (1) (1) and (2),

2.

for which the conformity assessment procedure in question has been carried out by the manufacturer and the technical documentation has been drawn up; and

3.

which are identified in accordance with § § 22, 23 and 24.

(2) The importer shall keep a copy of the EU declaration of conformity in accordance with section 21c for the market surveillance authorities as well as records of the registration numbers ten years from the date of placing on the market and shall inspect the authority upon request. , and to provide the technical documentation referred to in § 21a at the request of the Authority. In the event of an end of its commercial authorization, the importer shall transmit the records of the registration numbers to the Authority.

(3) If the importer has reason to believe that a pyrotechnic article no longer complies with the requirements of Article 20a (1), (1), (2), (4), (5) or (6), he shall, as far as is necessary to protect the health and safety of the consumer, immediately take all measures, in particular to withdraw or recall the pyrotechnic article, in order to restore the lawful condition, and to inform the Authority. "

43. According to § 25, the following § § 25a and 25b together with the heading are inserted:

" Obligations of the trader

§ 25a. (1) The dealer may only provide pyrotechnic articles which are marked in accordance with § § 22, 23 and 24 and pyrotechnic phrases, which are marked in accordance with § 24.

(2) If the trader has reason to believe that a pyrotechnic article does not comply with § 20a (1), (1), (2), (4), (5) or (6), he shall, as far as is necessary to protect the health and safety of the consumer, immediately take all measures to , in particular to withdraw or recall the pyrotechnic object in order to restore the lawful condition, and to inform the Authority and the manufacturer or importer thereof.

Circumstances under which the manufacturer ' s obligations shall also apply to the importer and the trader

§ 25b. Where an importer places a pyrotechnic article on the market under his or her own name or trademark, or an importer or a trader changes a pyrotechnic article already on the market in such a way as to ensure conformity with the The requirements of this Federal Act may be affected, it shall be deemed to be a manufacturer and shall be subject to the obligations of manufacturers in accordance with § 21. "

44. § 26 together with headline reads:

" Co-decision

§ 26. If the economic operators have reason to believe that a pyrotechnic object placed on the market or provided on the market does not comply with the requirements of section 20a, they shall be obliged to do so without delay to all economic operators involved in the trading chain. At the request of the Authority, they shall also inform them thereof. "

45. The 2nd section of the 2nd main item is given the section title " 3. Section " , before the 3. Section (new) shall be inserted in the following second section, together with the heading:

" 2. Section

Notifying Authority and notified bodies

Notification procedure

§ 26a. (1) The Federal Minister for the Interior shall decide on requests for establishment as a notified body.

(2) A notified body must be a legal person or a registered partnership established under Austrian law, which shall:

1.

has committed itself to independence vis-à-vis third parties, to impartiality, to the exclusion of any influence by third parties and to the observance of professional secrecy,

2.

has committed itself as a notified body in order to comply with the national and European Union rules relating to its activities,

3.

has an upright accreditation certificate corresponding to its intended activity,

4.

have the human, financial, organisational and technical resources to exercise the conformity assessment activities listed in Annex II to Directive 2013 /29/EU, and

5.

He/she shall have an upright liability insurance cover which is adequate for persons, property and property, if any, arising out of their activities.

(3) The notification shall be made by the Federal Minister of the Interior to the European Commission.

(4) The activity of the notified body may not be carried out until such time as it appears in the list of notified bodies of the Commission.

Evaluation and monitoring

§ 26b. The evaluation and monitoring of the bodies referred to in § 26a shall be carried out by the national accreditation body in accordance with the provisions of the Accreditation Act 2012, BGBl. I No 28/2012, and in accordance with Regulation (EC) No 765/2008.

Tasks of the notified body

§ 26c. (1) The notified body must carry out the conformity assessment in accordance with Article 21b and issue a certificate of conformity in the event of a positive assessment.

(2) Where the notified body finds, within the framework of conformity assessment, that a pyrotechnic article does not meet the safety requirements laid down in Article 20a (1) (1) (1) and (2), it shall require the manufacturer to: Take corrective measures and must not issue a certificate of conformity.

(3) The notified body shall regularly monitor the conformity of a pyrotechnic article. If it finds, in the context of a surveillance, that the pyrotechnic article no longer meets the requirements, it shall require the manufacturer to take appropriate corrective measures and, where appropriate, an attestation which has already been issued, if: to suspend or withdraw.

(4) conformity assessment tasks may only be awarded and transferred to subcontractors or to branch companies after the consent of the contracting authority, if they meet the requirements of section 26a (2). Responsibility for the proper implementation of the conformity assessment procedure shall remain with the notified body.

Reporting and reporting requirements of the notified body

§ 26d. (1) The notified body shall be notified to the Federal Minister for the Interior

1.

any change in accreditation and accredited procedures in the field of activity of the nomination,

2.

any denial, restriction, suspension or withdrawal of a certificate of conformity and

3.

all circumstances which could have an impact on the scope and content of the seizage pursuant to Article 26a,

and, on request, to provide information on their activities, including cross-border activities and the award of sub-contracts which they have carried out.

(2) The notified body must provide other bodies designated under Directive 2013 /29/EU with relevant information on the negative and on request also on the positive results of conformity assessments.

Register and Directory

§ 26e. (1) After a positive conclusion of a conformity assessment procedure, the notified body must assign a registration number according to § 21d to the examined pyrotechnic article.

(2) A register shall be kept on the assigned registration numbers which, in addition to the registration numbers of the pyrotechnic articles, also contains information on the manufacturer.

3. The notified body must also have a list of pyrotechnic articles for which it has issued certificates of conformity, using the format set out in the Annex to the Implementing Directive 2014 /58/EU and the list of pyrotechnic articles for which it has issued conformity certificates. shall be carried out. This information must be kept by it at least 10 years from the date of issue of the certificate of conformity.

(4) The list referred to in paragraph 3 shall be kept up-to-date by the notified body and shall be made publicly available on the Internet.

(5) If the notification of the notified body is revoked, it shall transfer the list to another notified body or to the Federal Minister for Home Affairs. "

46. § 27 reads the title:

" Market monitoring

§ 27. (1) The Authority shall be responsible for market surveillance in respect of the verification of whether only pyrotechnic articles and movements are placed on the market and made available on the market which comply with the requirements of this Federal Law. It is authorised to carry out the investigations and acts necessary for this purpose in the case of economic operators, such as, in particular, to enter production facilities, warehouses and other business premises, to draw samples free of charge and to enter into the to consult relevant business documents.

(2) The economic operators shall, at the request of the Authority, have samples of their pyrotechnic articles placed on the market or made available, and shall have all the information and documents necessary for the verification of conformity. pyrotechnic articles are required. They shall participate in all measures to prevent hazards associated with pyrotechnic articles which have been placed on the market or made available to them.

(3) The economic operators shall, at the request of the Authority, name the economic operator;

1.

from which they referred to a pyrotechnic article or sentence, or

2.

to which they have given a pyrotechnic article or sentence.

(4) Economic operators must be able to provide the information referred to in paragraph 3 over a period of ten years after the pyrotechnic article has been referred to, and for a period of ten years from the date on which the pyrotechnic article has been handed over.

(5) The Authority shall take supervisory measures in accordance with § 27a, in particular if:

1.

the economic operators do not comply with their obligations immediately and independently in accordance with § 21 (4), § 25 (3) and (25a) (2), or

2.

may be endangered by the placing on the market or the provision of pyrotechnic articles or sets of life, health, property of human beings or public safety.

Until such time as the legal status is established, the pyrotechnic article or phrase shall not be placed on the market or made available on the market by the economic operator. In the event of a risk of default, the Authority shall arrange for the pyrotechnic articles and sentences to be secured.

(6) If the Authority finds that an economic operator does not comply with its obligations under this Federal Act, it shall notify the commercial authority of that act.

(7) The measures referred to in paragraph 5 may also cover pyrotechnic articles and phrases whose release has been suspended by the customs authorities in accordance with Article 27 (3) of Regulation (EC) No 765/2008. The pyrotechnic articles and sentences in question shall be subject to temporary storage in accordance with Article 50 of Regulation (EEC) No 2913/92 establishing the Community Customs Code, OJ L 327, 31.12.1992, p. No. 1 (Customs Code), as last amended by Regulation (EC) No 1791/2006, OJ L 210, 31.7.2006, p. No. 1., as amended by the corrigendum OJ L 363, 20.12.2006, p. No. OJ L 205 of 22.07.1998 p. 75. '

47. In accordance with § 27, the following § 27a and heading is inserted:

" Supervisory measures

§ 27a. (1) The supervisory measures of the Authority in accordance with § 27 shall be orders

1.

to improve,

2.

for the withdrawal or

3.

to recall.

(2) The supervisory measures referred to in paragraph 1 (1) (2) and (3) may be subject to such a measure by any authority in whose scope pyrotechnic articles or phrases are placed on the market or are prepared to be the subject of such a measure. impact of the business activity of the economic operator throughout the Federal Republic of Germany. "

48. In Section 28 (1), Z 1 and 2 shall be given the number designation "2." and "3." and before Z 2 the following Z 1 shall be inserted:

" 1.

Proof of the upright existence of an appropriate liability insurance, which is covered by the possession and use of any person and property damage resulting from the possession and use of the property, "

49. In § 28 paragraph 1, in Z 3 (new) the quote "Z 1 lit. b" by quoting "Z 2 lit. b" and in paragraph 2, the quote " 1 Z 1 lit. a or b or Z 2 " by quoting " 1 Z 2 lit. a or b or Z 3 " replaced.

50. In the title of the second section in the third section. The main item shall be taken before the word "Überlassung" the word "Deployment" and insert a dash.

51. In the title of § 30, before the word "Überlassung" the phrase "Deployment and" inserted.

52. In § 30, para. 2 and the sales designation 1 are deleted; in the first sentence and in the second sentence, the word "1" shall be deleted. "People" in each case by the word sequence "People provided or" replaced and the words "the" through the phrase "if this" replaced.

53. In § 32 (1), the quote "§ 26 (1) (3) and (4) and (2)" by quoting "§ 20a (1) Z 4, Z 5 and para. 2" , and in paragraph 3, Z 4, the quote " § 28 para. 1 Z 1 lit. a or b or Z 2 " by quoting " § 28 para. 1 Z 2 lit. a or b or Z 3 " replaced.

54. In § 32 (2) (2) (2), the word "Industrial" .

55. In § 32 (4), the following sentence is added:

"The granting of the grant may be made subject to the existence of a liability insurance in accordance with the conditions laid down and in the scope of section 28 (1) (1) (1)."

56. In accordance with § 32, the following § 32a and heading is inserted:

" Pyrotechnic Articles for Vehicles

§ 32a. (1) The acquisition, possession and use of other pyrotechnic articles of category P1 for vehicles, including airbags and pre-tensioning systems for safety belts, shall be subject to the official authorisation.

(2) An authorisation as referred to in paragraph 1 shall be granted if the applicant is reliable and makes it credible that he/she has a need for the possession of these pyrotechnic articles.

(3) An authorisation in accordance with paragraph 1 shall not be required

1.

persons referred to in Article 3 (2) (2) (5);

2.

the installation of the pyrotechnic articles referred to in paragraph 1 into a vehicle or into a larger, separable vehicle part. "

57. In § 33, the word "and" and it will be after the word "Überlassung" an accordiation and after the word "Marketing" the phrase "and provide on the market" inserted.

58. In the title of § 34, the phrase "with flash bang sets" through the phrase "category F2" replaced.

§ 34 reads:

" § 34. Possession, use, release, placing on the market and on the market Provision of pyrotechnic articles of category F2 intended for the production of crunch shall be prohibited, unless the knee replacement contains only black powder. "

60. In the title of § 35, the word "and" , it will be after the word "Manufacturing" put a dash and after the word "Delaboration" the phrase "and manipulation" inserted.

61. § 35 reads:

" § 35. The production and delaboration as well as all functional and effect-changing manipulations of pyrotechnic articles, in particular of composite fireworks, and sentences without industrial authorization for their production are prohibited. "

62. In § 36 (2), the Z 1 to 3 and the phrase "Objects that" the following phrase shall be added:

"are used by people who have a pyrotechnic ID for the F3, F4 or T2 category."

63. In § 36, the following paragraph 3 is added to paragraph 2:

" (3) The pyrotechnic articles of categories F1, T1 and P1 may not be subject to the provisions of paragraph 1 by a person with a pyrotechnic identity card for category T2 within the scope of an event permitted by the provisions of the event. , as well as with appropriate stage pyrotechnic articles, when these pyrotechnic articles have ignition points, which permit the transmission of pyrotechnic articles without further technical effort, and which have This does not result in any function or effect. "

64. In § 37 (2) (3), the quote shall be " § 28 para. 1 Z 1 lit. a or b or Z 2 " by quoting " § 28 para. 1 Z 2 lit. a or b or Z 3 " replaced and before the word "Pyrotechnic Card" the word "corresponding" inserted.

65. In Article 37 (3), the following sentence is added:

"The granting of the authorization shall be subject to the existence of a liability insurance in accordance with the conditions laid down and in the scope of section 28 (1) (1) (1) of the Treaty."

66. In § 38 (4), the term " "F2" a dash and the name "P1" inserted.

67. In § 39 (3), in the third sentence, after the word "Items" the phrase "or phrases" inserted.

68. In § 41 (1) the word shall be deleted "and" , it will be after the word "Records" A dash and a word after the word "Shooting demand" the following phrase is inserted:

"and devices and for the use of pyrotechnic articles and sets of firing or burning-off devices and equipment,"

(69) In § 44 (1), the following sentence is added:

"The Federal Minister for Science, Research and the Economy is responsible for the enforcement of § 26b."

70. In § 45, the following paragraph 5 is added:

" (5) § 1 Z 1, § 2 (1) Z 1 and Z 3, § 4, § 7, § 10 para. 1, § 18 sec. 4 Z 2, § 19a and the title, the title of the second main piece, the section title of the 1. Section of the second main piece, § 20a, including the title, § 21, § 21a, title, section 21b including the title, § 21c, including the title, § 21d including the title, § 22 (1) and (3), § 23 (1) Z 1 to Z 5, § 24 (1), subsection 2 Z 1, 1a, 2a to 2c and 5, § 24 (3) Z 4, § 24 (4) (2), (5) and (6), (25), (25a), (25b) and (26), together with the title, the section name of the second section of the second main piece, § 26a, § 26b, § 26c, § 26d, § 26e, together with the title, the section title of the 3. Section of the second main piece, § 27, § 27a including the title, § 28 para. 1 Z 1 to 3 and para. 2, the section title of the second section of the 3rd section of the 3rd section of the 3rd section of the 3rd section of the 3rd section Main piece, section 30 (1) and title, section 32 (1), subsection (2) (2), (3) (4) and (4), section 32a, including the title, § 33, § 34, including the title, § 35 including the title, § 36 (2) and (3), § 37 (2) (3) and (3), § 38 (4), § 39 (3), § 41 (3) (3). 1, § 44 (1), § 46, § 47 (1), (3a), (6) and (15), as well as the table of contents in the version of the Federal Law Gazette BGBl. I n ° 20/2015 will enter into force on 1 July 2015. "

71. The text of § 46 becomes the sales designation "(1)" and the following paragraph 2 is added:

" (2) § 30 (2) in the version of the Federal Law Gazette BGBl. I n ° 131/2009 shall expire on 30 June 2015. '

72. In Section 47 (1), the designation in Z 3 shall be: "T1" by the name "P1" replaced and in accordance with paragraph 3, the following paragraph 3a is inserted:

" (3a) Pyrotechnic signal means within the meaning of § 9 of the Pyrotechnic Act 1974, BGBl. N ° 282, in the version BGBl. I n ° 98/2001, which have been introduced on the market until 4 July 2013, shall be considered to be pyrotechnic articles of category P1 until 4 July 2017, with the special feature that the last two sentences of paragraph 1 shall apply. If the market is introduced after 4 July 2014, this federal law shall apply. "

73. In § 47, paragraph 6, after the quote "§ 34" the phrase " in the version BGBl. I No 131/2009 " , inserted and the phrase "4 July 2017" through the phrase " 4. Jänner 2016 " replaced.

74. In § 47, the following paragraph 15 is added to paragraph 14:

" (15) Other pyrotechnic articles of category P1 for vehicles, including airbags and pre-tensioning systems for seatbelts, may be possessed by 4 July 2017, except in the case of persons referred to in Article 3 (2) (2) (5), no longer will be left to

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