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

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

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_20/BGBLA_2015_I_20.html

20 federal law, with the pyrotechnics law is changed (PyroTG-Novelle 2014) 2010

The National Council has decided:

The 2010 Fireworks Act, Federal Law Gazette I no 131/2009, as last amended by Federal Law Gazette I no. 161/2013, is amended as follows:

1. in the table of contents, the following entry is inserted after the entry "19 pyrotechnics card":


"article 19a.
Delivery of the pyrotechnics card"2. In the table of contents is the title of the 2nd main piece:

"Placing on the market, deployment, conformity assessment and market surveillance" 3. In the table of contents is heading to the 1st section of the 2nd main piece:

"Obligations of economic operators' 4. In the table of contents, the following entry is inserted after section called "Obligations of economic operators":


'article 20a.
General principles"5. Be in the table of contents for the entry "§ 21 obligations of the manufacturer" the following entries are inserted:



'article 21a.
Technical documentation section 21 b. EU conformity assessment § 21 c.
EU Declaration of conformity § 21 d.
Registration number"6. In the table of contents, the heading to § 25 reads:


"Article 25 obligations of the importer" 7. Be in the table of contents for the entry "§ 25 obligations of the importer" the following entries are inserted:



'article 25a.
Obligations of the dealer section 25 b. circumstances, under which the obligations of the manufacturer are valid also for the importer and the Distributor"8. The heading to § 26 in the table of contents is as follows:


"Article 26 duties of notification" 9. In the table of contents is heading to the 2nd section of the 2nd main piece:

"Notifying authority and notified bodies ' 10. In the table of contents will be after the section name "notifying authority and notified bodies" following entries added:



'Article 26a.
Notification section 26 b. assessment and monitoring section 26c.
Tasks of the notified body section 26 d.
Reporting and information obligations of the notified body § 26.
Register and directory"11. In the table of contents is after the entry "section 26. Register and list"the following entry is inserted:

"Section 3: market monitoring" 12. In the table of contents will be after the entry "§ 27 market monitoring" the following entry is inserted:


"§ 27a.
Aufsichtsmaßmahmen"13. In the table of contents is the heading for the section 2 of the 3 main piece:

"Section 2: deployment, transfer, inheritance and legacy" 14. In the table of contents, the heading to section 30 reads:


"§ 30 deployment and transfer of pyrotechnic articles and rates" 15. In the table of contents will be after the entry "§ 32. pyrotechnic articles and sentences without CE marking or labelling" the following entry is inserted:


"section 32a.
Pyrotechnic articles for vehicles' 16. In the table of contents are the entries after the entry "§ 33. stimulus generating pyrotechnical objects and records":



"§ 34. firecrackers of category F2 § 35. German manufacturing, de load and manipulation" 17. In article 1 the word is omitted Z 1 after the word "Use" "and" there is a comma after the word "Provision" and "the phrase"and providing"placing the word" inserted.

18 § 2 para 1 subpara 1 is:



"1. caps, rings and ribbons, as far as for toys within the meaning of Directive 2009/48/EC on the safety of toys, OJ" No. L 170 of June 30, 2009 p. 1, intended to"19. In article 2, paragraph 1, no. 3 is replaced by the word "Making" the word "Bühneneffektmittel".

20 paragraph 4:

„§ 4. Following definitions shall prevail within the scope of this federal law:



1. accreditation is the confirmation by a national accreditation body that a notified body meets the requirements applicable to them, to carry out a specific conformity assessment activity.

2. accreditation is the authority, the accreditation within the meaning of article 2 paragraph 11 of Regulation (EC) No. 765/2008 on the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 of the Council, OJ No. L 218 of August the carrying out S. 30.

3. Anzündmittel are objects of category P1 and P2 where pyrotechnic articles and sentences typically under flame wanted to bring to the ignition.

4. places named those facilities are on the list of notified bodies, indicating their identification number and the tasks entrusted to them in accordance with the Directive 2013/29/EC on the harmonisation of legislation of Member States concerning the provision of pyrotechnic articles on the market (recast), OJ, published by the European Commission, No. L 178 of the 28.06.2013 p. 27, are led and empowered to perform the conformity assessment described in this federal law.

5. making available on the market is any payment or free of charge of a pyrotechnical item or set for distribution, consumption or use on the Union market in the course of a commercial activity.

6 firecrackers shooting is the ignition of powder charges for generating a blast effect.

7 CE marking is a marking by which the manufacturer declares that the pyrotechnic subject meets the applicable requirements which are laid down in the harmonisation of legislation in the Union over its affixing.

8 expert knowledge is the sum of chemical, physical, technical and legal, to about the size of a competence beyond knowledge and practical skills required to pyrotechnic articles or sets of category F4, T2, P2 and S2 have according to the provisions of this Act and the regulations based on it and notices and use.

9 fireworks are pyrotechnic articles for entertainment purposes associated with the category F1, F2, F3 or F4.

10 dealer is any natural or legal person in the supply chain, other than the manufacturer or importer, that provides a pyrotechnical item or set on the Union market in the course of their business.

11 manufacturer is a natural or legal person who designed a pyrotechnical item or set or manufactures or can develop one such subject-matter or set or produce to bring him under his own name or its own brand on the market.

12 importer is any natural or legal person established within the Union, brings, pyrotechnical item or set for the first time on the Union market from a third country in the course of their business.

13 is any first-time deployment of a Fireworks object or set on the Union market.

14 legal person is also a registered partnership.

15 Declaration of conformity is the procedure of the evaluation, if the essential safety requirements of Directive 2013/29/EU on a pyrotechnical item have been met.

16 Declaration of conformity is the proof of the manufacturer, that the pyrotechnic object corresponds to the essential safety requirements of annex I of Directive 2013/29/EU.

17 Nettoexplosivstoffmasse is the sum of the masses of all sets in a pyrotechnical item without firing up.

18 pyrotechnic articles for stage and theatre are pyrotechnic articles intended for use on stage in the indoor and outdoor, as well as in film and television productions or for a similar purpose.

19 pyrotechnic articles for vehicles are components of safety devices in vehicles which contain pyrotechnic substances used to activate these or other devices.

20 pyrotechnic object is any object that contains one or more pyrotechnic compositions, including Anzündmittel and shaped powder body or shaped rates (half - or prior products).

21 recall is any measure, one aimed at achieving the return the end user of already provided the Fireworks object or set.

22 withdrawal is any measure to prevent provided a supply chain owned pyrotechnic object or set on the market.

23 competence is the sum of chemical, physical, technical and legal knowledge and practical skills which are required to possess and use pyrotechnic articles of category F3 according to the provisions of this Act and the regulations based on it and notices.

24 sets are loose explosive substances or mixtures, which an effect in the form of heat, light, sound, gas, fog, smoke, motion, pressure or irritation or a combination of such effects as a result of a self-sustaining exothermic chemical reaction.

25 other pyrotechnic articles are all pyrotechnic articles which are no Fireworks and no pyrotechnic articles for stage and theatre.

26 leave is any charge of a Fireworks object or set of a natural person to a natural person in the private sector.

27 economic actors are manufacturers, importers and distributors.

28.

Composite Fireworks is an object composed by the manufacturer from several firecrackers with CE marking which are firmly fixed on same base plate which are together enticing and determined without further manipulation to the single ignition by the manufacturer, provided that the subject of "Composite Fireworks" was konformitätsbewertet in its entirety."

21 paragraph 7:

„§ 7. "Due to this Federal Act are adopted decisions which entitle to possession and use of pyrotechnic articles or sets, request the security authorities, the organs of public security and customs authorities and their organs in the framework of these pursuant to § 29 of the customs law implementation law, BGBl. No. 659/1994, granted powers handed, and when transporting or use of the pyrotechnic articles covered by these permissions or records in the original or copy to carry."

22. in article 10, paragraph 1 the phrase "or of the European Commission and notified bodies in Union legal obligations" is after the word "Security management" and the word "legitimate" the phrase "or European Union law" inserted after.

23 § 18 para 4 No. 2 replaces the word "three" with the word "six".

24 before article 20 the following article 19a and heading shall be inserted:

"Delivery of the pyrotechnics ID.

§ 19a. With the handing over of a new pyrotechnics card expires the previous document and is to deliver the authority or the authority to collect."

25. the heading of the 2nd main piece is as follows:

"Placing on the market, deployment, conformity assessment and market surveillance"

26. the heading of the 1st section in the main piece 2 is as follows:

"Obligations of economic operators"

27 before the section 21 the following article 20a and heading shall be inserted:

"General principles

section 20a. (1) pyrotechnic articles may be placed on the market only, if



1. they meet the essential safety requirements set out in annex I of Directive 2013/29/EU, 2. they comply with the harmonized European standards published in the official journal of the European Union, 3. certify their compliance by a notified body to conduct proceedings according to § 21 b and an EU Declaration of conformity pursuant to § 21 c was issued for them, 4. the CE marking described in article 22 and of the registration number in accordance with § 21 d are equipped , 5 para 1 to 5 have a marking in accordance with §§ 23 or 24 and 6 they are provided with instructions for use and safety information in German language.

The No. 1 and the No. 2 can be alternatively.

(2) pyrotechnic compositions may be placed on the market only if they have a marking in accordance with § 24 para 6.

(3) the economic operators have a special participation commitment the authority upon request. all information and documents which are required for the certification of conformity of pyrotechnic articles, to provide"

28 paragraph 21:

"§ 21 (1) the manufacturer may bring only pyrotechnic articles on the market, if they meet the requirements of section 20a para 1.

(2) the manufacturer has also before the placing on the market



1. pyrotechnic articles according to their type of use, or their purpose and the degree of their hazardousness including their noise level in categories according to sections 11 to 13 to divide 2 to create the technical documentation referred to in § 21a perform, and conformity assessment in accordance with section 21 b to leave, a CE mark in accordance with article 22, paragraph 1, the registration number in accordance with § 21 d and, where appropriate, the identification number according to § 22 para 3 of the pyrotechnic items to attach 3. after completion of the conformity assessment procedure and received a certificate of conformity of the notified body , to make a marking of pyrotechnic articles pursuant to §§ 23 or 24 para 1 to 5 and issue an EC declaration of conformity according to § 21 c.

(3) the producer has the technical documentation referred to in § 21a, the EU Declaration of conformity pursuant to § 21 c and the records of the registration numbers of ten years from the placing on the market of pyrotechnic articles to be kept. Upon termination of its business license, the record of the registration number of the authority must be communicated.

(4) the manufacturer of reason to believe that a pyrotechnic object corresponds to no longer section 20a para 1, he has, as far as to take all measures to protect of the health and safety of consumers require, without delay, take back especially the pyrotechnic object or to call back to the legitimate State is restored, and to inform the authority."

29. According to article 21, following §§ 21a and 21 b, 21 c 21 d together with heading shall be inserted:

"Technical documents

§ 21a. The technical documentation must contain all relevant information, which allows the manufacturer to assess the conformity of the pyrotechnic article with the requirements of section 20a para 1 Nos. 1 and 2. In particular, they have to contain the elements listed in annex II of Directive 2013/29/EU on the respective module.

EU Declaration of conformity

section 21 b. One of the following methods listed in annex II of Directive 2013/29/EU must be performed when assessing the conformity of pyrotechnic articles:



1. the EU type examination procedures (module B) and, at the choice of the manufacturer, either a) the procedure for the examination of the type on the basis of an internal production control plus supervised product checks at irregular intervals (module C2) or b) the procedure for the examination of the type on the basis of a quality assurance related to the production process (module D) or c) the procedure for the examination of the type on the basis of quality assurance based on the product (module E);

2. the procedure for the unit verification (module G);

3. the method of comprehensive quality assurance of the product (module H), insofar as it relates to pyrotechnic articles of category F4.

EU Declaration of conformity

§ 21c. (1) the manufacturer has to confirm that the essential requirements listed in annex I of Directive 2013/29/EC are fulfilled before the placing on the market of an EU Declaration of conformity.

(2) the EC declaration of conformity has to conform to the model in annex III of Directive 2013/29/EU in their construction and to contain the elements specified in the modules of set out in annex II of Directive 2013/29/EU. She must be in the German language.

(3) in the event that a pyrotechnic subject is subject to several legal provisions of the European Union, where each a EU Declaration of conformity is required, only an EU Declaration of conformity for all EU legislation is to exhibit. The relevant legislation of the Union shall be indicated in this statement together with their site in the official journal.

Registration number

§ 21 d. (1) upon successful completion of the conformity assessment, the manufacturer prior to the placing on the market has the registration number allocated by the notified body on the pyrotechnic articles themselves or, if this is not possible, on a label attached to or on the package to install. The registration number must contain the following:



1. the four-digit identification number of the notified body, that the certificate of conformity in accordance with the conformity assessment procedures referred to in article 9 of Directive 2007/23/EC concerning the placing on the market of pyrotechnic articles, OJ No. L 154 of June 14, 2007 S 1, as amended by the Regulation (EU) No. 1025/2012, OJ No. 316 of the 14.11.2012 p. 12, repealed by the Directive 2013/29/EC, OJ No. L 178 of the 28.06.2013 p. 27 (module B) or the certificate of conformity in accordance with the conformity assessment procedure referred to in article 9 of Directive 2007/23/EC (module G) or a certification for quality assurance systems in accordance with the conformity assessment procedure referred to in article 9 (c) of Directive 2007/23/EC (module H) has issued

2. the category of the pyrotechnic article, whose Konformität is certified as an abbreviation in capital letters: a) F1, F2, F3 and F4 for fireworks of categories of 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 other pyrotechnic articles of category P1 and P2;

3. the reference number used by the notified body for the subject of pyrotechnics.

"(2) the registration number has to have the following structure:" XXXX - YY - ZZZZ ", where XXXX on para 1 subpara 1, YY on paragraph 1 Z 2 and ZZZZ on par. 1 Z 3 reference."

30 paragraph 22, section 1:

"(1) upon successful completion of the conformity assessment, the manufacturer has to the General principles of article 30 of Regulation (EC) the CE marking visibly, legibly and indelibly on the pyrotechnic articles themselves to install no. 765/2008." If this is not possible, the CE marking on the packaging and the instructions for use, as well as the is to attach security information."

31 paragraph 22, section 3:


"(3) If during the inspection, not the notified body worked according to section 21 para 1 No. 1, the identification number of the other notified body by itself, or according to their instructions by the manufacturer to install behind the CE marking is so."

32. § 23 para 1 No. 1 to 5 are:



"1. the name, registered trade name or registered trade mark and the mailing address of the manufacturer or the importer if the manufacturer is not in the European Union is established, 2. the name and the type of the object, 3 safety information 4. the registration number according to § 21 d and 5. the product, batch or serial number."

33. in article 24, paragraph 1, the phrase "or of the importer" is after the word "Manufacturer" and after the word "Country" the phrase "marketed and" inserted and replaced the word "left" by the word "provided".

34. § 24 para 2 No. 1 is:



"1. the names, the registered trade name or registered trade mark and the mailing address of the manufacturer," 35. According to § 24 para 2 subpara 1 shall be inserted following Z 1a:



"1a. If the manufacturer is not in the European Union is established, the information to the manufacturer after Z 1 as well as the name, registered trade name or registered trade mark and the mailing address of the importer," 36. According to § 24 para 2 subpara 2 shall be inserted following Z 2a, 2B and 2 c:



"2a. the registration number according to § 21 d, 2B. the CE mark according to § 22, 2 c."
the product, batch or serial number of the article,"37. In section 24 para 2 Z 5 is replaced by the phrase "Instructions for use and safety information" the word "Instructions for use".

38. in article 24, paragraph 3 and paragraph 4, the word is "additional" replaced by the phrase "without prejudice to the information referred to in paragraph 2".

39. in article 24, para. 3 Z 4 and paragraph 4 No. 2 is the word "and" each replaced by a comma and inserted the phrase "or parameters for determining the minimum safety distance" after the word "minimum safety distances".

40. in article 24, paragraph 5, of the expression will be replaced "par. 1 to 4" with the expression "2-4".

41. in article 24, paragraph 6, the first sentence reads:

"The marking of pyrotechnic sets that are placed or made available in the Federal territory on the market must contain at least name and type of the set, the category as an instructions for use and safety information."

42. paragraph 25 together with the heading:

"Obligations of the importer

The importer should bring only pyrotechnic articles on the market § 25 (1),



1. which correspond to the section 20a para 1 No. 1 and no. 2, 2 for which were the relevant conformity assessment procedures carried out by the manufacturer or the technical documentation created and 3 which are marked in accordance with articles 22, 23 and 24.

(2) the importer has a copy of the EC declaration of conformity in accordance with article 21 c for the market surveillance authorities, as well as records of the registration numbers ten years from the placing on the market to be kept and the authority upon request to provide insight and to provide the technical documentation referred to in § 21a on request of the authorities. In ending its business license, the importer has to submit the record of the registration number of the authority.

(3) the importer reason to believe that a pyrotechnic subject no longer 1, 2, 4, 5 or 6 meets the requirements of section 20a para 1 No., he has so far to protect of the health and safety of consumers need to take without delay all the measures, to take back especially the pyrotechnic object or to call back to the legitimate State is restored, and has to inform the authority."

43. According to § 25, following articles 25a and 25B and heading shall be inserted:

"Obligations of the dealer

Section 25a. (1) which allowed dealers only pyrotechnic articles, which marked in accordance with articles 22, 23 and 24, and provide pyrotechnic compositions are marked in accordance with section 24.

(2) the dealers reason to believe that a pyrotechnic object 1, 2, 4, 5 or 6 corresponds to no longer section 20a para 1 No., he has, as far as to take all measures to protect of the health and safety of consumers require, without delay, take back especially the pyrotechnic object or to call back to the legitimate State is restored, and to inform the authority and the manufacturer or the importer.

Circumstances under which the obligations of the manufacturer are valid also for the importer and the Distributor

"section 25 b bring a pyrotechnical item under their own name or their own brand on the market, an importer or changed an importer or a distributor so that compliance with the requirements of this federal law may be affected an already on the market subject of pyrotechnic, he considered manufacturer and is subject to the obligations for manufacturers in accordance with § 21."

44. paragraph 26 including the heading:

'Release duties

section 26. If economic agents have reason to believe that an appropriate of them on the market or supplied on the market pyrotechnic object corresponds to the requirements of section 20a, they are obliged to inform immediately all economic agents involved in the trade chain. At the request of the authority they have to teach them about it."

45. the 2nd section of the 2nd main piece is (new) section named "3. section", before the 3rd section is inserted the following section together with heading 2:

"Part 2

Notifying authorities and notified bodies

Notification procedure

Article 26a. (1) the Federal Minister for Home Affairs decides on applications for setting up as a notified body.

(2) a notified body must be a legal entity established under Austrian law or registered partnership, the



1 up to the independence from third parties, the impartiality, to the exclusion of any interference by third parties and to the observance of professional secrecy has committed, 2. to comply with the national and EU law regulations in connection with their activities as notified body has committed, 3. about one of her intended occupation has corresponding upright accreditation decision, has 4 of the personnel, financial, organizational and technical resources to perform the conformity assessment activities listed in annex II of Directive 2013/29/EU , and 5 over an erect appropriate, from their occupation has liability insurance covering any resulting injury, property and financial losses.

(3) the notice shall be given by the Federal Minister for Home Affairs of the European Commission.

(4) the activities of the notified body may only and as long as be exercised, as it appears in the directory of notified bodies the Commission.

Assessment and monitoring

section 26 b. The evaluation and monitoring of the authorities referred to in Article 26a is carried out by the national accreditation body in accordance with the provisions of the accreditation 2012, Federal Law Gazette I no. 28 / 2012, and in accordance with Regulation (EC) No. 765/2008.

Tasks of the notified body

Article 26c. (1) the notified body is making the conformity assessment in accordance with section 21 b and to issue a certificate of conformity in positive assessment.

(2) the notified body shall firmly within the framework of the conformity assessment, that a pyrotechnic subject meets not in section 20a para 1 No. 1 and Z 2 specified security requirements, she has to ask the manufacturer to take appropriate corrective actions, and may issue any certificate of conformity.

(3) the notified body has to monitor the conformity of pyrotechnic items periodically. In the framework of a monitoring, finds that the pyrotechnic subject no longer meets the requirements, she has the manufacturer, appropriate corrective action to take, and an already issued certificate to ask if necessary to suspend or withdraw.

(4) conformity assessment tasks may be awarded after obtaining the consent of the contracting authority only to subcontractors or affiliates and transfer, if they meet the requirements of section 26a para 2. The responsibility for the proper implementation of the conformity assessment procedure remains with the notified body.

Reporting and information obligations of the notified body

section 26 d. (1) the notified body is the Federal Minister of the Interior



1. any change of accreditation and accredited procedures in the field of activity of naming, 2. any refusal, restriction, suspension or withdrawal of conformity certificate and 3 all circumstances, the impact on the scope and content of the notification in accordance with Article 26a might have, to report and request information about their activities, including cross-border activities and subcontracting agreements, which has led them to give.

(2) the notified body shall send relevant information about the negative and, on request, positive conformity assessment results other places named after the 2013/29/EU directive.

Register and directory


§ 26. (1) the notified body has successfully completed of a conformity assessment procedure to assign a registration number in accordance with § 21 d to the approved pyrotechnic subject.

(2) via the assigned registration numbers, register is to lead, which contains also information about the manufacturer in addition to the registration numbers of the pyrotechnic items.

(3) the notified body furthermore has a directory of pyrotechnical objects for which it has issued certificates of conformity, to lead using the format set out in the annex of the 2014/58/EC implementing directive and the features therein. This information must be stored by at least ten years from the date of issue of the certificate of conformity.

(4) the list referred to in paragraph 3 is currently hold by the notified body and to make publicly available on the Internet.

(5) is revoked the notification of the notified body, you must transfer the directory named somewhere else or to the Federal Minister of the Interior."

46. section 27 is together with the heading:

"Market surveillance

Section 27 (1) of the authority is the market surveillance with regard to verifying whether only pyrotechnic articles and rates on the market are put and made available on the market, which comply with the requirements of this federal law. She is authorized to perform this necessary investigations and actions for economic operators, in particular facilities of production, to enter the warehouse and other premises, free of charge to pull samples and in the relevant commercial documents to inspect.

(2) the economic agents have the authority to take samples of their marketed or supplied pyrotechnic items, as well as to provide all information and documents that are necessary to demonstrate the conformity of pyrotechnic articles. They have in all measures taken to prevent hazards associated with pyrotechnic items that have placed them on the market or provided to work.

(3) the economic operators have to call those economic operator to the authority upon request,



1. from which they purchased a pyrotechnical item or set or 2 to the they gave off a pyrotechnical item or set.

(4) the economic operators can present the information according to para 3 over a period of ten years after drawing of the pyrotechnical goods, as well as over a period of ten years following the transfer of the subject of the pyrotechnic.

(5) the authority has to take supervisory measures according to § 27a especially if



1 economic operators not immediately and independently fulfil their obligations according to § 21 para 4, § 25 paragraph 3 and section 25a, paragraph 2, or may 2 by the placing on the market or the provision of pyrotechnic articles or sets of life, health, property of people or public safety be compromised.

To the production of the legitimate State, the pyrotechnical item or set by the economic operator not in traffic may be brought or made available on the market. In imminent danger, the authority has arranged a backup of pyrotechnic items and phrases.

(6) the authority determines that an economic operator does not fulfil his obligations under this Federal Act, the trade authority it has to communicate.

(7) of the measures in accordance with paragraph 5 also pyrotechnic articles and rates can be recorded, whose hiring by the Customs authorities in accordance with article 27 (3) of Regulation (EC) No. 765/2008 has been suspended. The pyrotechnic articles in question and records are case in temporary storage, in accordance with article 50 of Regulation (EEC) No 2913/92 establishing the customs code, OJ No L 302 of the 19.10.1992 p. 1 (Customs Code), as last amended by Regulation (EC) no 1791/2006, OJ No. L 363 of 20.12.2006 p. 1, as amended by the amending OJ No. L 205 of the 22.07.1998 p. 75, to leave."

47. According to § 27, the following paragraph 27a and heading shall be inserted:

"Supervisory measures

section 27a. (1) jobs are the supervisory measures of the authority pursuant to § 27



1. to improve, 2nd to take back or 3rd to the callback.

(2) supervisory measures pursuant to paragraph 1 Nos. 2 and 3 can each authority within their local sphere pyrotechnic articles or sets on the market are placed or ready made, which should be the subject of such a measure, with effect for the business activities of the economic operator in the entire Federal territory be taken."

48. in article 28, paragraph 1, the Nos. 1 and 2 get the numeric designation "2" and "3" and 1 is inserted following Z before No. 2:



"1. the proof of the upright existence of an adequate liability insurance, covers the possibly arising out of the possession and process of use of people and damage to property, is provided," 49. In article 28, paragraph 1 the quote is "No. 1 lit. in no. 3 (new) (b)"by the quote"subpara 2 lit. b"and in paragraph 2 the quote"para 1 subpara 1 lit. a or b or Z 2 "by the quote"para 1 subpara 2 lit. a or b or Z 3 "replaced.

50. in the heading of the 2nd section in the 3 main pieces, the word is inserted before the word "Transfer" "Deployment", and a comma.

51. in the heading of section 30, the word order is before the word "Transfer" "deployment and" inserted.

52. in article 30 (2) and paragraph named 1 is eliminated, it is the word "Persons" in the first and in the second set respectively by the phrase "persons deployed or" replaced and it the words are "the" by the phrase "If this" replaced.

53. in article 32, paragraph 1, the quote is "§ 26 para 1 Nos. 3 and 4 and paragraph 2 ' by the quote"section 20a para 1 No. 4, Nos. 5 and para. 2", and in paragraph 3 Z 4 the quote"section 28 para 1 subpara 1 lit. a or b or Z 2 "by the quote"§ 28 para 1 subpara 2 lit. a or b or Z 3 "replaced.

54. in article 32, paragraph 2, the word "commercial" eliminates Z 2.

55. the following sentence is added to § 32 para 4:

"The granting can be made dependent on no. 1 the existence of a liability insurance in accordance with and within the scope of § 28 para 1."

56. According to article 32, the following article 32a together with heading shall be inserted:

'Pyrotechnic articles for vehicles

Article 32a. (1) acquisition, possession and use of other pyrotechnic articles of category P1 for vehicles, including airbags and safety belts prestressing systems require official approval.

(2) a permit referred to in paragraph 1 is granted if the applicant is reliable and he's believable that he has owned this pyrotechnic items need.

(3) a permit referred to in paragraph 1 need no



"1 that in section 3 para 2 Z 5 persons and 2. the installation of pyrotechnic items referred to in paragraph 1 in a vehicle or in a larger, severable part of the vehicle."

57. in article 33 deleted the word "and" and a comma are inserted after the word "Use" and word "placing on the market according to the" the phrase "and deploy on the market".

58. in the heading of section 34, the phrase "with flash bang records" is replaced by the phrase "of category F2".

59. paragraph 34:

"§ 34. possession, use, transfer, placing on the market and on the market provide pyrotechnic items specific to the pop generation of category F2 are prohibited, unless the pop set contains only black powder."

60. in the heading of section 35 is the word "and", it is placed after the word "Manufacture" a comma and inserted after the word "uninstall load" the phrase "and manipulation".

61. paragraph 35:

"section 35. To establish and de Fetter and all functional and effect changing manipulations of pyrotechnic objects, particularly composite Fireworks, and records without business licence for their production shall be prohibited."

62. in article 36, paragraph 2, the Z account for 1 to 3 and the phrase "items, the" following phrase is added:

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

63. in section 36, the following paragraph 3 attaches to paragraph 2:

"(3) Notwithstanding paragraph 1 may pyrotechnic articles of category F1, T1 and P1 of a person with a pyrotechnics ID for the category T2 in an event permitted under event regulations connected with suitable means of ignition, as well as with appropriate stage pyrotechnic products and lit, if these pyrotechnic items have ignition points, which allow an entrapment without additional technical effort and it therefore comes to any function or effect changing effect."

64. in § 37 para 2 No. 3 "§ 28 para 1 subpara 1 lit. is the quote a or b or Z 2 "by the quote"§ 28 para 1 subpara 2 lit. a or b or Z 3 "replaced and before the word"Pyrotechnics card"the word"appropriate"inserted.

65. in article 37, paragraph 3 the following sentence is added:

"The granting is in accordance with and within the scope of § 28 para 1 to make subject to subpara 1 the existence of a liability insurance policy."

66. in article 38, paragraph 4, a comma and the name of "P1" be inserted after the term "F2".


67. in article 39, paragraph 3 is inserted in the third sentence after the word "Items" the phrase "or sets".

68. in article 41, paragraph 1, the word "and", it does not apply is inserted after the word "Rates" a comma and following after the word "Ammunition" word order:

"and devices as well as launch - specific for the use of pyrotechnic items and sets or Flash devices and devices"

69. in article 44, paragraph 1 the following sentence is added:

"With the completion of the section 26 b is the Federal Minister for science, research and economy."

70. in article 45 the following paragraph 5 is added:

"(5) § 1 Z 1, article 2, paragraph 1 No. 1 and no. 3, article 4, § 7, § 10 para 1, § 18 par. 4 Z 2, § 19a, along with a heading, the heading of the 2nd main part, the section name of the 1st section of the 2nd main piece, section 20a with headline, article 21, § 21a with headline, article 21 b together with heading, § 21 c together with heading, § 21 d together with headline, article 22, paragraph 1 and paragraph 3" , Article 23, paragraph 1 Z 1-Z 5, section 24 para 1, para. 2 No. 1, 1a, 2a and 2c and 5, § 24 para 3 Z 4, article 24 par. 4 Z 2, para 5 and para. 6, § 25, 25a, 25B, 26 each including heading, the section name of the 2nd section of the 2nd main part, § 26a, § 26 b, section 26 c, section 26 d, § 26 each including heading the section name of the 3rd section of the 2nd main piece , § 27, § 27a including heading, § 28 para 1 Nos. 1 to 3 and par. 2, the section name of the 2nd section of the 3 main piece, article 30, paragraph 1 along with heading, § 32 para 1, para 2 subpara 2, para 3 Z 4 and para 4, § 32a together with heading, § 33, § 34, together with heading, § 35, including heading, § 36 para 2 and para 3, § 37 para 2 Nos. 3 and paragraph 3 ", Section 38, paragraph 4, article 39, paragraph 3, article 41, paragraph 1, article 44, paragraph 1, § 46, § 47 para 1, para 3a, para. 6 and para. 15, the contents in the version of the enactment Gazette I no. 20/2015 with 1 July 2015 into force."

71. the text of section 46 is preceded by the sales designation (1) and the following paragraph 2 is added:

"(2) of section 30 para 2 in the version of the enactment BGBl. I enters no. 131/2009 at the end of 30 June 2015 override."

72. in article 47, paragraph 1 3 is replaced in Z the designation "T1" the label "P1" and the following paragraph 3a is inserted after paragraph 3:

"(3a) pyrotechnic signalling within the meaning of § 9 of the Fireworks Act 1974, BGBl. No. 282, as amended by Federal Law Gazette I no. 98/2001, which have been introduced until July 4, 2013 on the market shall apply until 4th July 2017 as pyrotechnic articles of category P1 with the particularity, that the last two sentences of paragraph 1 shall apply." The launch occurred after the 4 July 2014, this Federal Act shall apply.'

73. in article 47 paragraph 6, the phrase will be after the quotation "section 34" "as amended by Federal Law Gazette I no. 131/2009", inserted and the word sequence "4 July 2017" "4 January 2016" replaced by the word order.

74. in paragraph 47, the following paragraph 15 is attached paragraph 14:

"(15) other pyrotechnic articles of category P1 for vehicles, including airbags and preload systems for safety belts, May 4th July 2017 possessed, however, except that in section 3 para 2 Z 5 persons referred, no longer be left."

Fischer

Faymann