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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14. Federal Law, with which the Chemicals Act 1996 and the Federal Criminal Police Act are amended

The National Council has decided:

Article 1

Amendment of the Chemicals Act 1996

The Chemicals Act 1996 (ChemG 1996), BGBl. I n ° 53/1997, as last amended by the Federal Law BGBl. I No 97/2013, shall be amended as follows:

1. In the table of contents the entry is to § 10:

" §

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

2. In § 2 Z 6, the expression " Regulation (EC) No 689/2008 on the export and import of dangerous chemicals, OJ L 327, 31.12.2008, p. No. OJ L 204, 31.7.2008, p. 1 by the expression " Regulation (EU) No 649/2012 on the export and import of dangerous chemicals, OJ L 206, 22.7.2012, p. No. OJ L 201, 27.07.2012 p. 60 " replaced.

3. In § 2 Z 6 lit. a is the expression " Art. 3 Z 4 " by the expression " Art. 3 Z 5 " replaced.

4. § 2 Z 6 lit. b is:

" (b)

"Export" means the final or temporary export as well as the re-export in accordance with Article 3 Z 16 of the PIC-V. "

5. In § 4 (2), § 6 (3) to (5), § 7 (3), § 17 (1), 2, 5 and 8, § 20 (2) to (4), § 25 (5), § 30 (3), § 32 (1), § 45 (4) and 78 (2) and (4), the term " "Economy, Family and Youth" in each case by the expression "Science, Research and Economy" replaced.

6. In § 5 (1), at the end of the Z 6, the word "and" shall be replaced by a dash; the Z 7 shall be the word "and" After Z 7 the following Z 8 shall be inserted:

" 8.

Regulation (EU) No 98/2013 on the marketing and use of source materials for explosives, OJ L 327, 31.12.2013, p. No. 1-as far as implementation and enforcement by the Federal Criminal Police Office (Bundeskriminalamt-Gesetz, BGBl) are not implemented. I n ° 22/2002-"

7. In Section 5 (1), the final part of the parenthesis shall be "(EC)" by the parenthesis expression "(EC and EU)" replaced.

8. In accordance with § 9 § 10 and title shall be inserted:

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

§ 10. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is the competent authority for the implementation and enforcement of Regulation (EU) No 98/2013, unless the Federal Minister for Home Affairs is responsible. The Federal Minister for Agriculture, Forestry, Environment and Water Management has to ensure through appropriate measures:

1.

prohibitions and restrictions on the provision, transfer, possession and use, in accordance with Art. 4;

2.

marking in accordance with Art. 5;

3.

Establishment of a registration system for deployment (Art. 3 Z 4), including a message for the movement (Art. 3 (5) of the starting materials for explosives referred to in Article 4 (3).

(2) In the case of the management of the register under the registration system in accordance with paragraph 1 Z 3 and in the use of the personal data, the economic operators (Art. 3 Z 9 of the Regulation (EU) No 98/2013) to the relevant provisions of the Data Protection Act 2000 (DSG 2000), BGBl. I No 165/1999, as amended, by making sure that:

1.

the personal data are not used for purposes other than those provided for in this Federal Act with regard to the purposes provided for in Regulation (EU) No 98/2013;

2.

the staff responsible for managing the records, of the obligations existing pursuant to the DSG 2000, in particular concerning the handling of the data and their obligations pursuant to Section 15 of the DSG 2000 (data secrecy) -to be taught,

3.

only those persons who are entrusted with the management of the records are given access to the register,

4.

the data are protected from access and access by unauthorised persons,

5.

the data security measures in operation are available in such a way as to enable the staff to be informed at any time,

6.

are to be recorded to the extent necessary to ensure that their admissibility is to be fully admissible,

7.

the data are deleted in accordance with the period of time (five years) specified in Regulation (EU) No 98/2013; and

8.

the measures taken in accordance with Z 2 to 7 are documented in order to facilitate the control and the protection of evidence.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in the implementation of Regulation (EU) No 98/2013, shall, in agreement with the Federal Minister for Science, Research and Economic Affairs, set out in greater detail by means of a regulation:

1.

a registration system pursuant to Art. 4 (3) in conjunction with Article 8 of Regulation (EU) No 98/2013 and-in the case of introduction to Austria-a notification to the Federal Minister for Agriculture, Forestry, the Environment and Water Management for in Article 4 (3) cited starting materials for explosives in certain concentration areas, and

2.

the implementation of the marking in accordance with Art. 5.

(4) In order to carry out the tasks as a national contact point, the Authority (Reporting Office for Explosives Precursors pursuant to § 4 paragraph 2 Z 4 of the Federal Criminal Police Office Act (BKA-G), BGBl. I n ° 22/2002), to obtain from natural and legal persons the information necessary for this purpose and to use the data necessary for this purpose. Furthermore, it is empowered to use personal data on the acquirer of starting materials for explosives, which it has identified in the course of the enforcement of federal or state laws, and to exchange information with entities of other states that are within the scope of the the objectives of Regulation (EU) No 98/2013.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in the presence of the conditions laid down in Article 13 of Regulation (EU) No 98/2013, take the provisional measures provided for in each case and shall have the following: To inform the European Commission and the other Member States without delay, in accordance with Article 13 (4), stating the reasons for this. Where, following the review, the European Commission implements or proposes measures pursuant to Article 13 (5), the national measures shall be adjusted accordingly. "

9. In Section 20 (1), the phrase " Art. 4 of the PIC-V for the enforcement of this Regulation (EC) " through the phrase " Art. 4 of the PIC-V for the enforcement of this Regulation (EU) " and the phrase "pursuant to Article 21 (1) of the PIC-V" through the phrase "pursuant to Article 22 (1) of the PIC-V" replaced.

10. In § 20 (4) the parenthesis shall be deleted "(EDEXIM)" .

11. In Section 20 (5), the phrase "within the meaning of Art. 17 of the PIC-V" through the phrase "within the meaning of Art. 18 of the PIC-V" replaced. The expression " Art. Article 17 (2) " shall be defined by the expression " Art. 19 (1) and (2) " replaced.

12. § 24 (3) is deleted.

13. In § 57 (1) the word "and" at the end of the Z 6 replaced by a dash; the point at the end of the Z 7 shall be replaced by the word "and" , the following Z 8 shall be added:

" 8.

Regulation (EU) No 98/2013 on the marketing and use of source materials for explosives, in so far as bans and restrictions, labelling of limited source materials and registration are covered. "

14. In § 60 (2) the expression "Regulation (EC) No 689/2008" by the expression "PIC-V" replaced.

15. In § 64 (3), the expression " Art. 17 " by the expression " Art. 19 (1) and (2) " replaced.

16. In § 71 (1) Z 18, the expression " Art. Article 17 (2) " by the expression " Art. 19 para. 1 or 2 " replaced.

17. In § 71 (1) the word is deleted "or" at the end of the Z 33; after Z 34 the following Z 35 to 40 shall be inserted:

" 35.

as economic operators, raw materials for explosives above the concentration limits laid down in Annex I to Regulation (EU) No 98/2013-or, if the raw materials referred to in Article 4 (3) are subject to exceptions, by registration in accordance with a regulation adopted in accordance with Article 10 (3), which, in violation of the registration requirements, provides for members of the general public,

36.

as a member of the general public, a source material for explosives above the concentration limit laid down in Annex I to Regulation (EU) No 98/2013, or, if an initial substance referred to in Article 4 (3) is an exception by a Registration in accordance with a regulation adopted pursuant to § 10 (3) of Regulation (EC) No 98/2013 has been made possible without being registered after the expiry of the transitional period laid down in Article 16 of Regulation (EU) No 98/2013,

37.

as a member of the general public, a source material for explosives above the concentration limit laid down in Annex I to Regulation (EU) No 98/2013, or, if an initial substance referred to in Article 4 (3) is an exception by a Registration in accordance with a regulation issued pursuant to § 10 (3) is made possible without having previously reported to the Federal Minister for Agriculture, Forestry, the Environment and Water Management in writing-to Austria,

38.

as an economic operator it does not have the right to audit (Art. 9 (3) of Regulation (EU) No 98/2013) in respect of the existence of a suspicious transaction, or a notification under Article 9 (3) in the event of the reasonable suspicion of a suspicious transaction, and in accordance with Art. 9 (4) To reimburse significant quantities or theft of significant quantities to the national contact point;

39.

the labelling requirements of a regulation adopted in accordance with Article 10 (3), or

40.

any other provisions of a regulation adopted pursuant to section 10 (3) of this Regulation, "

18. In accordance with § 71, the following § 71a and heading is inserted:

" Judicial Criminal

§ 71a. Anyone who acquires a substance in accordance with Annexes I or II to Regulation (EU) No 98/2013, or mixtures or substances containing these substances with the purpose of acquiring, possesses, or leaves out to another, that the substance should be used in the event of irregular production of Shooting or explosives is used, if the deed is not threatened after another determination with stricter punishment, is punishable by imprisonment for up to a year. Section 175 (2) of the Criminal Code, BGBl. No 60/1974, shall apply mutatily "

19. The following paragraph 13 is added to § 77:

" (13) The table of contents, § 2 Z 6, § 4 (2), § 5 (1) Z 6 to 8 including the final part, § 6 (3) to (5), § 7 (3), § 10 including the title, § 17 (1), (2), (5) and (8), § 20 (1) to (5), § 25 (5), § 30 (3), § 32 (1), § 45 (4), § 57 (1) (1) up to 8, § 60 para. 2, § 64 para. 3, § 71 (1) Z 18, 33 and 35 to 40, § 71a including the title, § 77 para. 13, § 77a with the title, as well as § 78 para. 1, 2, 4, 7 and 8 in the version of the Federal Law BGBl. I n ° 14/2015 shall enter into force with the day following the event. "

20. In accordance with § 77, the following § 77a with headline is inserted:

" Authorisation of Regulations

§ 77a. Regulations on the basis of this Federal Act, as amended, may already be adopted from the date on which the legislative provision to be carried out is to be held; however, they may not be adopted earlier than the date on which the legislation is to be adopted. Law will enter into force. "

21. In Section 78 (1), the phrase " 4 and 5 " through the phrase " 4, 5, 7 and 8 " replaced.

22. In Section 78 (2), the following Z 1a is inserted after Z 1:

" 1a.

in accordance with Article 10 (3), "

(23) The following paragraphs 7 and 8 are added to § 78:

" (7) The Federal Minister of the Interior shall be entrusted with the enforcement of Section 10 (4).

(8) The Federal Minister of Justice shall be entrusted with the enforcement of Section 71a. "

Article 2

Amendment of the Federal Criminal Police Office Act

The Federal Criminal Police Office Act (BKA-G), BGBl. I n ° 22/2002, as last amended by Federal Law Gazette (BGBl). I No 35/2012, shall be amended as follows:

1. In Section 4 (2), the word "and" at the end of the Z 2 by a dash and the point at the end of the Z 3 by the word "and" , the following Z 4 shall be added:

" 4.

by the reporting point for source materials of explosives, the receipt, analysis and forwarding of notifications pursuant to Article 9 of Regulation (EU) No 98/2013 on the marketing and use of explosives precursors, OJ L 206, 22.7.2013, p. No. OJ L 39, 09.02.2013, p. 1.

(2) The following paragraph 4 is added to § 8:

" (4) § 4 (2) in the version of the Federal Law BGBl. I n ° 14/2015 shall enter into force with the day following the event. "

Fischer

Faymann