Change Of The Gewerbeordnung 1994

Original Language Title: Änderung der Gewerbeordnung 1994

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155. Federal law, which amalgated the 1994 trade order

The National Council has decided:

The Industrial Order 1994-GewO 1994, BGBl. No. 194/1994, as last amended by the Federal Law BGBl. I No 81/2015, shall be amended as follows:

1. In § 13 (4), first sentence, after the word "Insurance Mediation" the phrase "or credit transfer" inserted.

2. In § 57 (1) the word sequence shall be deleted. "Watches made of precious metal, gold and platinum products, jewels and precious stones," .

3. § 57 (3) second sentence is deleted.

4. In § 57 (6), the word order is deleted. "shall not be linked to the announcement of free or accidental contributions, such as prize awards, and" .

5. § 84b Z 9 reads:

" 9.

"dangerous substances" means substances or mixtures which are used in the Appendix 5 Part 2, or the one in the Appendix 5 (1) meet the criteria laid down in Part 1, including in the form of a raw material, end-, intermediate-or by-product or residue; "

6. In § 93 (2), § 137b (7), § 137c (3) and (5), § 137d (1), § 138 (6), § 366 (1) (8) and 376 (Z) 18 (5) to (7), the expression " "(Insurance intermediary register)" by the expression "(insurance and credit intermediary register)" replaced.

7. In § 93 (5), the term " "GISA" by the expression "GISA (insurance and credit intermediary register)" replaced.

8. In § 94 Z 71 the word "Bootbauer" by the word "Boat Builder" replaced.

9. § 136a (1a) shall not apply.

10. According to § 136d the following § § 136e bis 136h are inserted:

" Credit Transfer

§ 136e. (1) Credit transfer is the mediation of credit within the meaning of § 136a (1) (2) (2) (lit). b as well as in the sense of section 117 (2) (5). No credit intermediary is the only person who only makes direct or indirect contact with a creditor or credit intermediary.

(2) Credit transfer shall be carried out

1.

Provides or offers credit agreements, or

2.

assist in the conclusion of credit agreements in the case of preparatory work other than those referred to in Z 1 or other pre-contractual administrative activities; or

3.

credit agreements are concluded for the creditor; or

4.

in the case of other credit for the creditor.

In the case of the registration of a business which is entitled to carry out the activities of the credit transfer, in addition to the evidence in accordance with section 339 (3), it is to be announced whether the trader is acting as an unbound or tied credit intermediary (par. 3). With the exercise of credit transfer activities, the notifier of the trade referred to in paragraph 1 shall not begin to enter into the insurance and credit intermediary register until the date of registration.

(3) A tied credit intermediary shall be responsible for, on behalf of, and under the unrestricted and unconditional responsibility

1.

only one lender, or

2.

only a group of lenders who, for the purpose of drawing up a consolidated financial statements within the meaning of Directive 2013 /34/EU, on the annual accounts, consolidated accounts and associated reports of undertakings, Legal forms and amending Directive 2006 /43/EC of the European Parliament and of the Council and repealing Council Directives 78 /660/EEC and 83 /349/EEC, OJ L 73, 14.3.2006.. No. OJ L 182 of 29.06.2013 p. 19, as last amended by Directive 2014 /102/EU, OJ L 182, 16.7.2014, p. No. OJ L 334, 21.11.2014, p. 86, or

3.

only a number of lenders or groups that do not represent a majority on the market.

All other credit intermediaries are non-bound credit intermediaries.

(4) An untied credit intermediary may refer to business transactions as an "independent credit broker" if it does not receive any remuneration from one or more lenders or the number of credit intermediaries covered by the untied credit intermediary. Lenders on the market represent a majority.

Activities of Austrian credit intermediaries in another Member State of the EU or Contracting State of the EEA

§ 136f. (1) Any credit intermediary established in Austria for the first time in one or more Member States of the EU or Contracting States of the EEA within the framework of the free movement of services or in the context of the establishment of a site , shall inform the Authority accordingly.

Within one month of the notification, the Authority shall inform the competent authorities of the host Member States of the intention of the credit intermediary. In its communication, the Authority shall inform the competent authorities of the host Member States concerned of the lenders to which the credit intermediary is bound and on whether the lenders are unrestricted and unreservingfor the actions of the Credit intermediaries shall be informed. In terms of the form and content of the communications, the guidelines provided by the European Banking Authority (EBA) must be taken into account.

The Authority shall, at the same time as the communication referred to in paragraph 2, inform the credit intermediary that the notification has been made. To this end, the agency's credit intermediary shall disclose contact details to the Authority. The credit intermediary may take up his activity one month after the date on which he or she has been notified by the Authority of the communication.

Activities of credit intermediaries from another Member State of the EU or Contracting State of the EEA in Austria

§ 136g. (1) The Federal Minister for Science, Research and the Economy has received communications from other Member States of the EU or Contracting States of the EEA concerning credit intermediaries from another Member State of the EU or Contracting State of the EEA. to enter the GISA (insurance and credit intermediary register) without delay. In the case of registration, activities must be appropriately marked on the basis of freedom of establishment and on the basis of the freedom to provide services.

(2) Before the credit intermediary takes up his activity or within two months of receipt of the notification referred to in paragraph 1, the Federal Minister of Science, Research and the Economy shall, where necessary, the credit intermediary shall be notified in respect of the pursuit of those activities in areas not harmonised by Union law.

Exchange of information and cooperation between Member States

§ 136h. (1) The authorities shall provide assistance to the competent authorities of the other Member States of the EU or of the Contracting States of the EEA. The authorities shall, in particular, exchange information with the competent authorities of the other Member States of the EU or States Parties to the EEA, and shall, in the event of an investigation or surveillance, be closely involved in the effective supervision of To cooperate with creditors and credit intermediaries providing their services in the territory of other Member States, in accordance with the freedom to provide services, in order to ensure that the minimum requirements of the host Member State are implemented in accordance with the requirements of the Knowledge and skills are guaranteed.

(2) Where a request for cooperation, in particular for the exchange of information, has been rejected, or if no response has been made within a reasonable period, the authorities may, in accordance with Article 19 of Regulation (EU) No 1093/2010, be required to: Establishment of a European Supervisory Authority (European Banking Authority), amending Decision 716 /2009/EC and repealing Commission Decision 2009 /78/EC, OJ L 136, 31.7.2009, p. No. 12), as last amended by Regulation (EU) No 806/2014, OJ L 331, 15.12.2014, p. No. 1., the European Banking Authority shall refer the matter to the European Banking Authority and ask for assistance.

(3) Where the Authority has a measure pursuant to Section 360 or a administrative penalty against a credit intermediary established in Austria who acts as a credit intermediary in one or more Member States of the EU or Contracting States of the EEA. in accordance with § 366 (1) (1) (1), it shall forward the final decision on the measure or the final decision on the administrative penalty to the competent authority of the host Member State.

(4) The competent authority of the host Member State shall have the competent authority of the host Member State from the termination of the commercial authorization in accordance with § 85 or from the entry of the commercial exercise in accordance with Section 93 (3) and (5) of an Austrian-based company To communicate to a credit intermediary.

(5) The Federal Minister for Science, Research and the Economy has a credit intermediary from another Member State of the EU or State Party of the EEA, registered in the GISA (insurance and credit intermediary register) in accordance with § 136g (1). If the performance of the service pursuant to Section 373a (1) is prohibited in Austria or prohibited for a reasonable period of time, he/she shall have the final decision on the prohibition or prohibition of the competent authority of the Member State of origin. "

11. In § 338 (8), after the word "Insurance Mediation" the phrase "and credit transfer" inserted.

12. In § 365 and § 376 Z 18 para. 5 the word "Insurance intermediary register" by the expression "Insurance and Credit Register" replaced.

13. In Section 365a (1), the word shall be deleted at the end of Z 17. "and" and at the end of Z 18 the point is expressed through the expression " , and " replaced and the following Z 19 added:

" 19.

in the case of trader empowered to exchange credit, in which Member States of the EU or Contracting States of the EEA the credit intermediaries concerned exercise their activities under the right of establishment or the freedom to provide services, and whether the credit intermediaries are bound or not; in the case of notifications pursuant to § 136g, the data contained in these communications. "

14. In Section 365b (1), the word shall be deleted at the end of Z 14. "and" and at the end of Z 15 the point is expressed by the expression " , and " replaced and the following Z 16 added:

" 16.

in the case of a trader empowered to exchange credit, in which Member States of the EU or Contracting States of the EEA the credit intermediaries in question perform their activities in the framework of freedom of establishment or the freedom to provide services; and whether the credit intermediaries are bound or not; in the case of notifications pursuant to § 136g, the data contained in these communications. "

15. In § 365e (5), the expression "Insurance Intermediary Register" by the expression "Insurance and Credit Register" replaced.

16. In § 367 Z 57a, the expression "§ 84j" by the expression "§ 84r" replaced.

17. In § 373a (1) (2) and (4) (4) (4), the expression shall be: "two years" by the expression "one year" replaced.

18. In Section 373a (4) (2), the word order shall be deleted "competent authorities or bodies" .

19. § 373a (5) reads:

" (5) The Federal Minister for Science, Research and the Economy shall proceed as follows in the case of advertisements relating to the first-time recording of an activity in accordance with paragraph 4:

1.

The indications of the initial inclusion of an activity in accordance with paragraph 4 shall be verified; the applicant shall be confirmed within one month of receipt of the documents; if necessary, the applicant shall be informed of the documents missing in accordance with paragraph 4, or that there is no objection to the exercise of the activity.

2.

Prior to the first exercise of a commercial activity, the Federal Minister for Science, Research and the Economy must verify, in addition to the conditions laid down in paragraph 1, whether, in view of the lack of professional qualifications, the The service provider has serious adverse effects on public health or safety, or the health or safety of the recipient of the service is to be feared, provided that the activities to be carried out include the following trade or commercial activities:

a)

the trades in accordance with § 94 Z 2 and 4, the trade according to § 94 Z 5 with regard to the planning, calculation and management of buildings, the trades according to § 94 Z 14, 23, 32, 33, 34, 41, 46, 48, 53, 55, 62, 69 and 81, and the trade in accordance with § 94 Z 82 with regard to the Planning, calculation and management of timber structures,

b)

the business according to § 94 Z 5 with regard to the performing activities, the trades in accordance with § 94 Z 6, 10, 16, 17, 18, 25, 28, 30, 42, 43, 58, 65, 66 and 80, and the trade in accordance with § 94 Z 82 with regard to the performing activities if the service provider is the the conditions for recognition in accordance with the Regulation adopted pursuant to Article 373c (2) are not fulfilled; and

c)

the other commercial sector, as defined by Regulation (2) (2) (2).

3.

In the case of the verification according to Z 2, the following procedure shall be followed as follows:

a)

If an impairment is not to be feared due to a lack of professional qualification, the scoreboard shall be notified within a period of not more than one month after receipt of the complete dossier. In this case, the activity of the applicant shall be admissible from the time of the announcement by the Federal Minister for Science, Research and the Economy.

b)

The notification shall be notified within a period of not more than one month after receipt of the complete dossier only on condition that an aptitude test has been taken in accordance with paragraph 7, if between the professional qualification the service provider and the training required in Austria there is an essential difference in the way that this is detrimental to public health or safety, and that difference through work experience or knowledge, The skills and competences of the service provider, through lifelong learning and formally recognised as valid for this purpose by a body competent to do so. The content of the aptitude test is to be determined by the Federal Minister for Science, Research and Economics in the communication. The provision of the service must be possible within the month following the decision of the Federal Minister for Science, Research and Economy.

c)

If difficulties arise in the proceedings which could lead to a delay, the Federal Minister for Science, Research and Economy shall inform the applicant within one month of receipt of the notification and the accompanying documents. on the reasons for this delay and on the timetable for a decision. The decision must be taken before the end of the second month from the receipt of the complete documents to the Federal Minister for Science, Research and Economics.

d)

If the Federal Minister for Science, Research and the Economy does not react until the end of the second month from the receipt of the complete documents to the Federal Minister for Science, Research and Economics, the activity shall be allowed to: shall be provided.

The Federal Minister for Science, Research and the Economy has service providers within the meaning of (4) and (4) respectively. of paragraph 6 (1), stating the name (company), first name, address of the establishment, any contact address, any other contact details in the country and the activity carried out on the Internet. "

20. In § 373a (6) (1), after the expression "Display according to paragraph 4" the expression " , but without obligation to submit the documents referred to in paragraph 4 (4) (3) and (4), " inserted.

21. In § 373b (2), the word 'sentence' shall be the word "Provisions" by the word "destination" replaces and eliminates the word sequence "as well as § § 373c to 373f and 373h" .

22. § 373c (1) reads:

' (1) The Governor of the State shall, on request, recognise the actual pursuit of activities in another Member State of the EU or of another Contracting State of the EEA as sufficient proof of empowerment with regard to the activities of the Member State where the activities are carried out. in accordance with the conditions laid down in the Regulation referred to in paragraph 2, in conjunction with relevant training in accordance with the type and duration of such training. "

23. § 373d:

" § 373d. (1) Insofar as § 373c is not to be applied, the Landeshauptmann shall, upon request, have the professional qualification (para. 2) on the basis of the professional qualification of the profession concerned or of the relevant activities of the business in accordance with Directive 2005 /36/EC, if the professional qualification acquired and proven by the recognition advertiser is the proof of competence is equivalent.

(2) In order to prove the professional qualification acquired in a Member State of the EU or in a Contracting State of the EEA (home Member State), the recognition advertiser must submit evidence of formal qualifications or qualifications. The qualifications or qualifications submitted must have been issued in a Member State of origin by a competent authority designated in accordance with the laws, regulations and administrative provisions of that Member State. In so far as the profession or professional activities are regulated in the home Member State, the evidence of formal qualifications or training submitted to take up and pursue that profession or professional activity in the territory of the Member State of origin must be shall entitle the Member State of origin. In so far as the profession or professional activities in the home Member State are not regulated, the applicant must have one or more qualifications or evidence of formal qualifications, and this profession or professional activities for one year or for a total duration of part-time during the preceding ten years in a Member State of origin in which that profession is not regulated. The one-year professional exercise is not to be proved if the applicant's training certificate is a regulated education within the meaning of Article 3 (1) (lit). e Directive 2005 /36/EC.

(3) The equivalence of qualifications or evidence of formal qualifications shall not be given if:

1.

the previous training relates to professional activity in subjects which differ significantly from those covered by the evidence of formal qualifications required under this Federal Act, or

2.

the commercial or industrial activities comprise one or more occupational activities which are not part of the regulated profession in the Member State of origin of the applicant, and where that difference is special training, which is required under this federal law and refers to subjects which differ substantially from those covered by the qualification or training certificate which the recognition advertiser shall be presented.

Among the subjects listed in Z 1 and 2, which differ materially, they must be understood as those subjects whose knowledge is an essential condition for the exercise of the profession and in which the previous training of the applicant is important. Deviations in terms of duration and content compared to the training required under this federal law.

(4) If there is no equivalence, compliance is subject to the condition of adaptation in the form of an adaptation period (paragraph 1). 5) or an aptitude test (para. 6), if the equivalence can be achieved in this way. The principle of proportionality must be examined in accordance with the principle of proportionality, in accordance with the principle of proportionality, in order to ensure compliance with the condition of an adaptation period or an aptitude test, whether that is the case during his professional experience or through lifelong learning shall cover all or part of the main differences referred to in paragraph 3 (1) or (2).

(5) Adaptation courses within the meaning of Art. 3 (1) (lit) are subject to adaptation courses. (g) Directive 2005 /36/EC.

(6) The aptitude tests shall be subject to aptitude tests within the meaning of Article 3 (1) (lit). (h) Directive 2005 /36/EC. The content of the aptitude test to be carried out may also be laid down in order to lay down certain qualifications and master examinations, or parts thereof, which are regulated under this Federal Law, with regard to: Implementation of the aptitude test the provisions of § § 350 to 352a and the regulations based on these provisions are applied.

(7) In the event of compliance with the condition of an adaptation in the form of an adaptation period or an aptitude test, the applicant shall be entitled to choose between the adaptation period (paragraph 1). 5) and aptitude test (para. 6). Excluded from this

1.

commercial or industrial activities, the exercise of which requires a precise knowledge of Austrian law and in which advice or assistance with regard to Austrian law is an essential and permanent part of the profession, and

2.

Industrial or commercial activities, in which Section 373c is also applicable, in so far as the evidence of formal qualifications required for this purpose provides for the knowledge and application of certain applicable Austrian legislation.

(8) The equivalence test referred to in paragraphs 1 to 7 shall be carried out within four months of the submission of the full documentation of the recognition value.

(9) Proof of his/her in a Member State of origin (par. 2) acquired professional qualification for the purpose of compliance with the certificate of competency of the commercial activity of the manufacture of medicinal products and toxins, the recognition advertiser has, by way of derogation from para. 2, the following qualification or certificate of competence. to submit evidence of formal qualifications:

1.

the witness within the meaning of Art. 11 lit. (b) of Directive 2005 /36/EC, or

2.

the diploma within the meaning of Art. 11 lit. (c) Directive 2005 /36/EC, or

3.

the diploma within the meaning of Art. 11 lit. (d) Directive 2005 /36/EC, or

4.

proof in the sense of Art. 11 lit. e Directive 2005 /36/EC.

Any other evidence of formal qualifications or any other evidence of formal qualifications issued by a competent authority in a Member State of origin shall also be subject to the evidence referred to in Z 1 to 4, including in relation to the corresponding evidence of formal qualifications. Qualification level, provided that they complete a training acquired in a Member State of origin and are recognised as equivalent by the issuing State and the same in respect of the taking up or pursuit of a profession rights, or, where the issuing State does not regulate the profession, prepare the exercise of this profession.

(10) The Federal Minister for Science, Research and the Economy may refer to further trade in accordance with § 94 or § 31, for which proof of competence or qualifications pursuant to paragraph 9 are to be submitted. "

24. § 373e (1) reads:

" (1) An applicant who is seeking a right to plan for high-rise buildings shall be entitled to pronounce the same position if he presents certificates in respect of his professional qualification, which shall:

1.

pursuant to Article 21 (1) of Directive 2005 /36/EC in Annex 5.7.1. of this Directive, or

2.

in accordance with Article 21 (7) of Directive 2005 /36/EC, and published in the Official Journal of the European Union, or

3.

be recognised in accordance with Article 49 of Directive 2005 /36/EC. "

25. § 373f reads:

" Section 373f. (1) The applicant shall have proof of his professional qualification obtained in a Member State of origin (§ 373d para. 2), proof of his language skills required for the performance of the business and, in the case of an examination which is required, for instance: the reliability of proof of the reliability of the documents and certificates, such as those referred to in Article 50 and Annex VII of the Directive, in accordance with the commercial or specific activities of an industrial sector whose pursuit of the purpose is sought; 2005 /36/EC. The provisions on temporary cross-border services under the freedom to provide services in accordance with § 373a shall be excluded from this. The competent authority shall, within one month, confirm receipt of the evidence submitted to the applicant and, where appropriate, inform the applicant of the absence of any documents.

(2) Persons entitled to pursue a regulated industrial activity on the basis of a procedure in accordance with § § 373a, 373c, 373d or 373e shall be entitled to use their legal training title in their home Member State and the existing abbreviation in the language of the Member State of origin, together with the name and place of the teaching institution which awarded this designation of training, or of the examination board awarded this training title , it has. However, in the case of the establishment in Austria, this does not apply to the establishment of a professional title which is legally valid in the home Member State. § 20 shall apply to the guidance of the professional title "Meister" with regard to the corresponding craft. "

26. In § 373h introduction rate the word order is deleted "of a national of a Member State of the EU or of a Contracting State of the EEA and of a company within the meaning of section 373a (3)" .

27. § 373i reads:

" Administrative cooperation under Directive 2005 /36/EC

§ 373i. (1) The authorities shall cooperate closely with the competent authorities of the other Member States of the EU or of a Contracting State of the EEA and of the Swiss Confederation on the application of Art. 8 and Article 56 of Directive 2005 /36/EC, and to provide mutual assistance to those authorities. For this purpose, the competent authorities shall use the Internal Market Information System (IMI) within the meaning of Regulation (EU) No 1024/2012 on administrative cooperation with the assistance of the internal market information system and repealing the decision 2008 /49/EC of the Commission ("IMI Regulation") , OJ No. OJ L 316 of 14.11.2012 p. 1, as last amended by Directive 2014 /67/EU, OJ L 327, 28.12.2014, p. No. OJ L 159, 28.05.2014 p. 11. The confidentiality of the information exchanged shall be ensured.

(2) The obligations laid down in paragraph 1 may include, in particular, the exchange of the following information relating to persons subject to this Federal Act:

1.

Information on professional qualifications, job titles, the regulation of occupations and professional activities, the right to pursue professional activities.

2.

Information on disciplinary or criminal sanctions or other serious specific facts which could have an impact on the activities carried out.

3.

Concerning the provision of a service

a)

all information concerning the lawfulness of the establishment and the good management of the service provider,

b)

all information required in the event of complaints from a recipient of a service against a service provider for a proper complaint procedure, the recipient of the complaint being informed of the outcome of the complaint, and

c)

Information on the absence of professional disciplinary or criminal sanctions. "

28. According to § 373i, the following § § 373j to 373l shall be inserted:

" Early Warning Mechanism

Section 373j. (1) Where it is determined in the context of a procedure in accordance with § § 373a (4) and (5), 373c, 373d or 373e that the applicant has used falsified professional qualifications, the Authority shall have the competent authorities of the other Member States of the EU and States Parties to the EEA by means of the IMI within three days of a final judicial decision in accordance with the provisions of Article 56a of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983 concerning the Procedure for issuing the European professional card and the application of the Warning mechanism pursuant to Directive 2005 /36/EC of the European Parliament and of the Council, OJ L 136, 31.7.2005, p. No. OJ L 159, 25.06.2015, p. 27. At the same time, the Authority shall inform the person concerned in writing of the advance warning with the submission of the warning. The person concerned may request a review of the legality of the advance warning in a procedure to be carried out in a modest way with the authority which has made the preliminary warning. If, in the context of the review, the unlawfulness of the preliminary warning is established, the Authority shall immediately correct or withdraw the advance warning by means of the IMI.

(2) The Federal Minister for Science, Research and the Economy may lay down detailed provisions on the procedure laid down in paragraph 1 by Regulation.

European professional card

§ 373k. (1) At the request of the Landeshauptmann, the proceedings concerning the recognition according to § 373c as well as the compliance in accordance with § 373d by the European professional card according to the provisions of Art. 4a ff. of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983. At the request of the Federal Minister for Science, Research and the Economy, the procedures relating to the temporary cross-border provision of services pursuant to Article 373a (4) and (5) by the European professional card shall be submitted in accordance with the following: Provisions of Art. 4a et seq. of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983

(2) If the application is fully complied with by way of the European professional card, the delivery of the execution to the applicant in the electronic system of the professional card shall apply in accordance with the application as a communication pursuant to Article 373a (5) Z 1, that there is no objection to the exercise of the activity, as a grant of recognition according to § 373c or as the granting of compliance in accordance with § 373d.

(3) For persons lawfully engaged in industrial activities in Austria under this Federal Act and in another Member State of the EU or Contracting State of the EEA or of the Swiss Confederation by way of the European Apply for the recognition of professional qualifications for the purpose of the establishment, are from the Governor of the State for the State of origin according to Art. 4a ff. of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983. For persons legally engaged in industrial activities in Austria under this Federal Act and in another Member State of the EU or Contracting State of the EEA or the Swiss Confederation by way of the European professional card the temporary cross-border provision of services is requested by the Federal Minister for Science, Research and the Economy who are in favour of the country of origin in accordance with Art. 4a et seq. of Directive 2005 /36/EC and of the Implementing Regulation (EU) 2015/983.

(4) The Federal Minister for Science, Research and the Economy may lay down detailed rules on the procedures laid down in paragraphs 1 and 3 by Regulation.

Connection Point

Section 373l. The liaison body shall assist the authorities in the event of difficulties in the course of administrative cooperation in accordance with § § 373i to 373k, in particular where a competent authority does not have access to the IMI. Section 14 (2), Section 15 (2), (3), (3) and (3), (5) and (6) of the Service Act (DLG), BGBl. I No 100/2011, shall apply. The liaison office shall be the locally competent national governor. "

29. In § 376 the following Z 17a is inserted after Z 17:

" 17a.

(credit transfer)

(1) Persons who are on the day before the date of entry into force of the Federal Law BGBl in § 382 (80). I No 155/2015 shall have the right to exercise the commercial financial advice, provided that the activity of the credit transfer is not excluded from the scope of the business, the authority shall be obliged to do so by no later than 30. It will be announced in September 2016 whether to exercise this activity as a tied credit intermediary or as a non-bound credit intermediary (§ 136e paragraph 3).

(2) Persons who are on the day before the date of entry into force of the Federal Law BGBl in § 382 (80). I No 155/2015 shall have the right to pursue the activities of the real estate agent, provided that the activity of the credit transfer is not excluded by the scope of the business, shall be required to have the authority, by 30 September at the latest, In 2016, it will be known whether it will carry out this activity as a tied credit intermediary or as an untied credit intermediary (§ 136e paragraph 3).

(3) In the absence of a notification in accordance with paragraph 1 or para. 2, the credit intermediary shall be deemed to be a tied credit intermediary until such time as he has refunded a notification to the contrary. "

30. The following paragraph 6 is added to § 379:

" (6) At the time of the entry into force of the Federal Law BGBl in accordance with § 382 (79). In accordance with Articles 373a, 373c, 373d and 373e, the procedures to be followed in accordance with Articles 373a, 373c, 373d and 373e shall be completed in accordance with the provisions of the previous rules. "

31. The following paragraphs 77 to 80 are added to § 382:

" (77) By the Federal Law BGBl. I n ° 155/2015 the following directives are implemented:

1.

Directive 2014 /17/EU on residential property credit agreements for consumers and amending Directives 2008 /48/EC and 2013 /36/EU and Regulation (EU) No 1093/2010, OJ L 136, 31.5.2008, p. No. OJ L 60, 28.02.2014 p. 34, as last amended by OJ L 344, 28.12.2014 No. OJ L 246, 23.09.2015 p.11,

2.

Directive 2013 /55/EU amending Directive 2005 /36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation with the assistance of the internal market information system ("IMI Regulation") , OJ No. OJ L 354, 28.12.2013 p. 132, and

3.

Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Directive 96 /82/EC, OJ L 327, 28.12.1996, p. No. OJ L 197 of 24.07.2012 p. 1.

(78) § 57 (1), § 57 (3), § 57 (6), § 84b Z 9, § 367 Z 57a and Annex 5, Part 2, in the version of the Federal Law BGBl. I No 155/2015 shall enter into force at the end of the day of the customer's notice.

(79) § 373a (1) and (4) to (6), § 373b (2), § 373c (1), § 373d, § 373e (1), § 373f, § 373h, § 373i, including the title, § § 373j to 373l, including the headlines and § 379 (6), as amended by the Federal Law BGBl. I No 155/2015 will take place at the end of the day, but at the earliest with 18 months. Jänner 2016 in force.

(80) § 13 (4), § 93 (2) and (5), § 94 Z 71, § 136e, § 136f, § 136g, 136h, § 137b para. 7, § 137c para. 3 and para. 5, § 137d para. 1, § 138 para. 6, § 338 para. 8, § 365, § 365a (1) Z 17 to 19, § 365b (1) Z 14 to 16, § 365e para. 5, § 366 para. 1 Z 8 and § 376 Z 17a and Z 18 (5) to (7) in the version of the Federal Law BGBl. I No 155/2015 shall enter into force on the expiry of three months from the date of the event; at the same time, Section 136a (1a) shall be repeal. "

32. The first table in Annex 5, Part 2, is replaced by the following table:

Column 1

Dangerous substances

Column 2

Column 3

Quantity threshold in tonnes for the fulfilment of the requirements for establishments of the

lower class

upper

Class

1.

Ammonium nitrate (see note 13)

5000

10000

2.

Ammonium nitrate (see note 14)

1250

5000

3.

Ammonium nitrate (see note 15)

350

2500

4.

Ammonium nitrate (see note 16)

10

50

5.

Potassium nitrate (see note 17)

5000

10000

6.

Potassium nitrate (see note 18)

1250

5000

7.

Diarsenic pentaoxide, arsenic (V)-acid and/or salts

1

2

8.

Diarsenic trioxide, arsenic (III)-acid and/or salts

0.1

0.1

9.

Bromine

20

100

10.

Chlorine

10

25

11.

Breathable powdery nickel compounds: nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickeltrioxide

1

1

12.

Ethyleneimine

10

20

13.

Fluorine

10

20

14.

Formaldehyde (C > = 90%)

5

50

15.

Hydrogen

5

50

16.

Hydrogen chloride (liquefied gas)

25

250

17.

Leadalkyle

5

50

18.

Liquefied flammable gases, category 1 or 2 (including LPG) and natural gas (see note 19)

50

200

19.

Acetylene

5

50

20.

Ethylene oxide

5

50

21.

Propylene oxide

5

50

22.

Methanol

500

5000

23.

4,4-methylenebis (2-chloroaniline) and its salts, powder-form

0.01

0.01

24.

Methylisocyanate

0.15

0.15

25.

Oxygen

200

2000

26.

2, 4-toluylene diisocyanate, 2, 6-toluylene diisocyanate,

10

100

27.

Carbonyl chloride (phosgene)

0.3

0.75

28.

Arsine (Arsentrihydride)

0.2

1

29.

Phosphin (phosphorus trihydride)

0.2

1

30.

Sulphur dichloride

1

1

31.

Sulphur trioxide

15

75

32.

Polychlorodibenzofurans u. Polychlorodibenzodioxins (including TCDD) in TCDD equivalents (see note 20)

0.001

0.001

33.

The following carcinogens or mixtures containing the following carcinogens with a concentration of > 5% by weight: 4-aminobiphenyl and/or its salts, benzotrichloride, benzidine and/or its salts, bis (chloromethyl) ether, chloromethylmethyl ether, 1,2-dibromoethane, diethyl sulphate, dimethyl sulphate, dimethyl-carbamoyl chloride, 1,2-dibromo-3-chloropropane, 1,2-dimethyl-hydrazine, dimethylnitrosamine, hexamethylphosphortriamide, hydrazine, 2-naphthylamine and/or its salts, 4-nitro-diphenyl and 1,3-propanesultone

0.5

2

34.

Petroleum products and alternative fuels:

a.

Ottokfuels and naphtha

b.

Kerosene including turbine fuels

c.

Gas oils (including diesel fuels, heating oil and gas oil mixed streams)

d.

Heavy oils

e.

Alternative fuels which serve the same purpose and which have similar properties in terms of flammability and environmental hazard, such as those under lit. a to d products

2500

25000

35.

Ammonia, anhydrous

50

200

36.

Boron trifluoride

5

20

37.

Hydrogen sulphide

5

20

38.

Piperidine

50

200

39.

Bis (2-dimethylaminoethyl) methylamine

50

200

40.

3-(2-ethylhexyloxy) propylamine

50

200

41.

Sodium hypochlorite mixtures (*) , which are classified as hazardous to water-acutely 1 [H400] and contain less than 5% active chlorine and are not classified in any of the other hazard categories in this Annex

(*)

Provided that the mixture would not be classified as water-threatening acutely 1 [H 400] without sodium hypochlorite

200

500

42.

Propylamine (see Note 21)

500

2000

43.

Tert-butyl acrylate (see note 21)

200

500

44.

2-methyl-3-butenenitrile (see note 21)

500

2000

45.

Tetrahydro-3,5-Dimethyl-1,3,5-thiadiazine-2-thione (Dazomet) (see note 21)

100

200

46.

Methyl acrylate (see Note 21)

500

2000

47.

3-Methylpyridine (see note 21)

500

2000

48.

1-bromo-3-chloropropane (see note 21)

500

2000

Fischer

Faymann