Change Of The Chemicals Act Of 1996 And The Federal Criminal Police Office Law

Original Language Title: Änderung des Chemikaliengesetzes 1996 und des Bundeskriminalamt-Gesetzes

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_14/BGBLA_2015_I_14.html

14 federal law that modifies the chemicals Act of 1996 and the Federal Criminal Police Office-law

The National Council has decided:

Article 1

Change of the chemicals Act of 1996

The chemicals Act 1996 (ChemG 1996), Federal Law Gazette I no. 53/1997, amended by Federal Law Gazette I no. 97/2013, is amended as follows:

1. in the table of contents is the entry for section 10:


"§ 10 Regulation (EU) No. 98/2013 on the marketing and use of raw materials for explosives" 2. Section 2 Z 6 is the expression "Regulation (EC) No. 689/2008 on the import of dangerous chemicals OJ" No. L 204 of the apex, S. 1 "by the expression" Regulation (EU) No. 649/2012 on the import of dangerous chemicals OJ " No. L 201 of the 27.07.2012 S. 60 "replaced.

3. in article 2, no. 6 lit. a is the expression ' article 3 Z 4 "by the expression" article 3 Z 5 "replaced.

4. § 2 No. 6 lit. b is as follows:



"(b)"Export"is 3 Z 16 PIC-V the permanent or temporary export and re-export in accordance with art."

5. in section 4 paragraph 2, § 6 ABS. 3 to 5, § 7 para 3, § 17 para 1, 2, 5 and 8, § 20 para 2-4, § 25 paragraph 5, § 30 para 3, § 32 para 1, § 45 para 4 and § 78 para 2 and 4, the expression "Economy, family and youth" respectively by the expression "Science, research and economy" will be replaced.

6. in § 5 para 1 is the word at the end of the No. 6 "and" replaced by a comma; the Z 7 is the word "and" appended. After the Z, 7 is inserted following Z 8:



"8 Regulation (EU) No. 98/2013 on the marketing and use of raw materials for explosives, OJ" No. L 39 of the 09.02.2013, S. 1 - unless the implementation and enforcement by the Federal Criminal Police Office Act, Federal Law Gazette I no. 22/2002-"7." In article 5, paragraph 1, of the parenthetical expression (EC) is replaced by the parenthetical expression (EC and EU) in the final part.

8 pursuant to § 9, § 10 together with heading shall be inserted:

"Regulation (EU) No. 98/2013 on the marketing and use of raw materials for explosives"

§ 10 (1) of the Federal Ministry of agriculture and forestry, environment and water management is no the authority responsible for the implementation and enforcement of Regulation (EU) 98/2013, if not the Minister for Home Affairs are responsible. The Federal Minister for agriculture and forestry, environment and water management has appropriate measures to ensure:



1. prohibitions and restrictions on the deployment, transfer, ownership and use in accordance with article 4;

2. labelling in accordance with article 5;

3. establishment of a registration system for the provision (article 3 Z 4), including a message for spending (article 3 Z 5) in article 4 paragraph 3 exported raw materials for explosives.

(2) in the case of maintaining the register in the registration system referred to in paragraph 1 Z 3 and economic operators in the use of personal data (article 3 Z 9 of Regulation (EU) No. 98/2013) the corresponding regulations to comply I data protection Act 2000 (DSG 2000), Federal Law Gazette No. 165/1999, in the amended by them to ensure that



1. the personal data not for others as she used, in this federal law with regard to the Regulation (EU) No. 98 / 2013 intended purposes, be informed 2. employees who are entrusted with the keeping of records of 2000 existing in accordance with the DSG commitments - in particular as regards dealing with the data and their obligations within the meaning of section 15 of the Act of 2000 (data secrecy)- , 3. only those persons who are entrusted with the keeping of records access to the register, 4. the data from the insight and the access of by unauthorised persons are protected, 5. the applicable operation as to available safety measures are that the employee at any time it can inform, 6 actually carried out using operations in order to fathom their admissibility to the necessary extent are logged, 7 deletes the data according to the Regulation (EU) No. 98 / 2013 prescribed period (five years) and 8 the After no. 2 to 7 measures taken are documented to facilitate the control and securing evidence.

(3) the Federal Minister for agriculture and forestry, environment and water management has in execution of Regulation (EU) No. 98/2013 in agreement with the Federal Minister for science, to regulate research and business regulation:



1. a registration system referred to in article 4 paragraph 3 in connection with article 8 of the Regulation (EU) No. 98/2013 and - in case of introduction to Austria - a message to the Federal Minister of agriculture and forestry, environment and water management for in art. 4 par. 3 led raw materials for explosives in certain areas of concentration, as well as 2. execution of the marking in accordance with article 5.

(4) for the performance of duties as a national point of contact is the Authority (Registrar for precursors of explosives in accordance with § 4 para. 2 No. 4 of the Federal Criminal Police Office (BKA-G), Federal Law Gazette law I no. 22/2002) authorized to obtain the information for that purpose required by natural and legal persons and to use the data for that purpose needed. Also is authorized to use personal information about purchasers of raw materials for explosives detected in the enforcement of federal or state laws, and to share with other States, no. 98/2013 involved within the framework of the objectives of the Regulation (EU).

(5) the Federal Ministry of agriculture and forestry, environment and water management can hit the occurrence in article 13 of the Regulation (EU) where provisional measures no. 98 / 2013 stated requirements and has the European Commission and the other Member States in accordance with article 13 to inform para 4 without delay indicating the reasons thereof. If the European Commission implements measures in accordance with article 13 paragraph 5 after reviewing or proposes are. national measures to adapt"

9. in article 20, paragraph 1, the phrase "Article 4 of the PIC-V for the enforcement of this Regulation (EC)" by the phrase "Article 4 of the PIC-V for the enforcement of this Regulation (EU)" and the phrase is "in accordance with article 21 para 1 of the PIC-V" by the phrase "in accordance with article 22 para. 1 of the PIC-V" replaced.

10. in section 20 para 4 eliminates the bracket expression (EDEXIM).

11. in article 20, paragraph 5, the phrase "in accordance with article 17 of the PIC-V" is replaced by the phrase "in accordance with article 18 of the PIC-V". The expression "article 17 para. 2" is the expression "article 19 para 1 and 2" replaced.

12 paragraph 3 is paragraph 24.

13. in § 57 para 1 is the word "and" at the end of the No. 6 by a comma replaced; the point at the end of which is Z 7 by the word "and" replaced; following Z 8 is added:



"No. 98/2013 on the marketing and use of raw materials for explosives, to the extent that prohibitions and restrictions, limited precursors identification and registration are 8 Regulation (EU)."

14. in article 60, paragraph 2, the expression is "Regulation (EC) No. 689/2008" is replaced by the expression "PIC-V".

15. in article 64, paragraph 3, the expression "Article 17" by the expression is "article 19 para 1 and 2" replaced.

16. in article 71, paragraph 1 Z 18 is the expression "article 17 para. 2" by the expression "article 19 § 1 or 2" replaced.

17. in article 71, paragraph 1 eliminates the word "or" at the end of the Z 33; After the Z, 34 are inserted following Z 35 to 40:



"35. as economic operators precursors to explosives above in annex I of to Regulation (EU) No. 98 / 2013 established concentration limits - or, if for pursuant to article 4 paragraph 3 stated raw materials are allows exceptions through a registration under a regulation adopted pursuant to § 10 paragraph 3, this in contravention of the record-keeping requirements - for members of the general public provides, 36th as a member of the general public a raw material for explosives above in annex I of to Regulation (EU) No. 98 / 2013 specified concentration limit - or" , used, 37th as a member of the general public or if one in article 4 para 3 an exception by a registration under a regulation adopted pursuant to § 10 ABS. 3 allows indicated starting material, without being registered - after the expiry of the transitional period in accordance with article 16 of the Regulation (EU) No. 98/2013 has a raw material for explosives above in annex I of to Regulation (EU) No. 98 / 2013 specified concentration limit - or , if one in article 4 paragraph 3 an exception by a registration under a regulation adopted pursuant to article 10, para. 3 indicated starting material allows, in writing to have - it without this previously reported the Federal Ministry of agriculture and forestry, environment and water management to Austria spends, 38th as operators neglects his obligation to check (article 9 paragraph 3 of the Regulation (EU) No. 98 / 2013) to comply with regard to the existence of a suspicious transaction , or a notification under article 9 paragraph 4 with significant amounts of loss or stealing significant quantities to the national contact point to refund (3) if there is reasonable suspicion of a suspicious transaction, as well as in accordance with article 9, 39.

Contravenes marking regulations of a regulation adopted pursuant to article 10, para. 3, or 40th contravenes other provisions of a regulation adopted pursuant to article 10, para. 3,"18. The following article 71a and heading shall be inserted after article 71:

"Judicial penal provision

section 71a. Who a substance to annexes I or II of to Regulation (EU) No. 98 / 2013 acquires mixtures or substances containing these substances, with the intention, has or other leaves, that this in the illegal production of shooting or explosives are used, if the fact not after any other provision with stricter punishment is threatened to punish up to one year imprisonment. Section 175, paragraph 2, of the criminal code, Federal Law Gazette No. 60/1974, shall apply mutatis mutandis"

19 13 the following paragraph is added to article the 77:

"(13) the table of contents, section 2 Z 6, § 4 para 2, § 5 par. 1 Z 6 to 8 together with final part, § 6 ABS. 3 to 5, § 7 para 3, § 10 together with heading, § 17 para 1, 2, 5 and 8, § 20 para 1 to 5, § 25 paragraph 5, § 30 para 3, § 32 para 1, § 45 para 4, § 57 para 1 Z 6 to 8, section 60, subsection 2" ", § 64 para 3, § 71 paragraph 1 Z 18, 33 and 35 to 40, section 71a including heading, § 77 para 13, § 77a including heading and section 78 para 1, 2, 4, 7 and 8 in the version of Federal Law Gazette I no. 14/2015 with the day following the proclamation into force."

20. after section 77 the following § 77a and heading shall be inserted:

"Enactment of regulations

§ 77a. Regulations on the basis of this Federal Act as amended should be adopted as of the day following the announcement of the undertaken legal provision; they may occur. but not earlier than the relevant legal provision in force"

21. in article 78, paragraph 1, the phrase "para 4 and 5" by the phrase "para 4, 5, 7 and 8" will be replaced.

22. in article 78, par. 2, 1a is inserted after Z 1 following Z:



"1a. in accordance with § 10 paragraph 3," 23. Be added following paragraph 7 and 8 article 78:

"The Federal Minister of the Interior is responsible (7) with the enforcement of § 10 section 4.

The Federal Minister of Justice is entrusted (8) with the enforcement of section 71a."

Article 2

Change of the Federal Criminal Police Office-law

The Federal Criminal Police Office law (BKA-G), Federal Law Gazette I no. 22/2002, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. in section 4, paragraph 2 is the word "and" at the end of the Z 2 by a comma and the point at the end of the No. 3 by the word "and" replaced. following no. 4 is added:



"4. by the Clearinghouse for precursors of explosives the receipt, analysis and forwarding of messages according to article 9 of Regulation (EU) No. 98/2013 on the marketing and use of raw materials for explosives, OJ" No. L 39 of the 09.02.2013, p. 1.'

The following paragraph 4 is added to § 2. 8:

"(4) section 4 para 2 as amended by Federal Law Gazette I no. 14/2015 with the day following the proclamation into force."

Fischer

Faymann