Change Of The Gewerbeordnung 1994

Original Language Title: Änderung der Gewerbeordnung 1994

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155. Federal law, which changes the Gewerbeordnung 1994

The National Council has decided:

The Gewerbeordnung 1994 - GewO 1994, BGBl. No. 194/1994, as last amended by Federal Law Gazette I no. 81/2015, is amended as follows:

1. in article 13, paragraph 4, first sentence is inserted after the word "Insurance mediation" the phrase "or of the agencies".

2. in article 57, paragraph 1, the phrase "Watches of precious metal, gold and Platinum products, jewels and gems," is omitted.

3. § 57 para 3 second sentence deleted.

4. in article 57, paragraph 6, introductory phrase is omitted the phrase "must not be connected with the announcement unentgeltlicher or by chance-dependent benefits such as competition and".

5. paragraph 84b Z 9:



"9 'dangerous substances' substances or mixtures, which are listed in the Appendix 5 of part 2 or which meet the criteria laid down in the Appendix 5 of part 1, including in the form of a raw material, end, intermediate or by-product or residue;"

6. in section 93 para 2, § 137b of paragraph 7, article 137c paragraph 3 and paragraph 5, article 137d, paragraph 1, § 138 para 6, section 366, paragraph 1 Z 8 and § 376 Z 18 is paragraph 5 to 7 each expression (register of insurance intermediaries) is replaced by the expression (insurance and credit intermediaries register).

7. in section 93, para. 5, the expression "GISA" is replaced by the expression "GISA (insurance and credit intermediaries register)".

8. in paragraph 94, Z 71 the word "Boat builders" is replaced by the word "Boat builders".

9 paragraph 1a eliminates § 136a.

10. after section 136d, 136e following sections are inserted until 136 h:

"Agencies

§ 136e. (1) credit intermediation is the negotiation of credit within the meaning of § 136a para 1 subpara 2 lit. b, as well as in accordance with § 117 paragraph 2 Z 5. Not a credit intermediary is, who directly or indirectly brings only consumers with a lender or mortgage broker in contact.

(2) exercising agencies, who



1. credit agreements presents or offers or 2 other than the preparatory work referred to in subpara 1 or other pre-contractual administrative activities to the conclusion of credit agreements is helpful or 3. the lender credit agreements completes or is 4 for other credits for the lender.

When registering a trade that is entitled to the exercise of activities of agencies is in addition to the documents referred to in section 339 subsection 3 to announce whether the trader carrying out the activity as unbound or bound intermediaries (para. 3). The applicant of the trade referred to in paragraph 1 must begin with the exercise of activities of agencies from the registration in the insurance and credit intermediaries register.

(3) a bound intermediaries who on behalf of and under the unlimited and unconditional responsibility is,



1. only a lender's or 2nd only a group of lenders, the reports related to the purpose of the preparation of consolidated financial statements in the sense of Directive 2013/34/EEC on the annual accounts, the consolidated accounts and thus company certain legal forms and amending Directive 2006/43/EC of the European Parliament and of the Council and repealing directives 78/660/EEC and 83/349/EEC of the Council , OJ No. L 182 of the 29.06.2013 p. 19, as last amended by the directive of 2014/102/EC, OJ No. L 334 of the 21.11.2014, to consolidate are p. 86, or 3 only a number is by lenders or groups that represent no majority on the market.

All other credit intermediaries are unbound mortgage brokers.

(4) a credit intermediary unbound may refer to in the business as "independent credit brokers", if he receives no compensation from one or more lenders or the number of lenders included from the unbound mortgage broker on the market represents a majority.

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

section 136f. (1) every credit intermediaries established in Austria, which will for the first time in one or more EU Member States or parties to the EEA in the context of the free movement of services or in connection with the construction of a site has to tell this to the authority.

(2) within one month after the notification, the authority has to inform the competent authorities of the host Member State the intention of the credit intermediary. In its communication, the authority is the competent authorities of that Member State about the lenders to which it is bound to the credit intermediary, and whether lenders fully and unreservedly liable for the action of the credit intermediary, to inform. With regard to form and content of the messages, you are to take into account the guidelines of the European banking authority (EBA).

(3) the authority has to communicate that the communication is done simultaneously with the notice referred to in paragraph 2 the mortgage brokers in. For this purpose, the credit intermediary of the authority has known appropriate contact information to give. The mortgage broker may accept his activity a month after the date, to which he is been informed by the authority of communication.

Activities of mortgage brokers from another EU Member State or Contracting State of the EEA in Austria

section 136 g. (1) the Federal Minister for science, research and economy has to enter received notices about mortgage broker from another EU Member State or Contracting State of the EEA without delay in the GISA (insurance and credit intermediaries register) from other Member States of the EU or EEA Contracting States. If the registration activities on the basis of the freedom of establishment and freedom to provide services to label.

(2) before the credit intermediary takes its activity or period of two months after receipt of the notice referred to in paragraph 1 has the Federal Minister for science, research and economy the credit intermediary, if necessary, the conditions to inform that in areas that are harmonised through EU law apply to the pursuit of these activities.

Exchange of information and cooperation between Member States

§ 136 h. (1) the authorities have to provide assistance to the competent authorities of the other Member States of the EU or EEA Contracting States. The authorities have to exchange information with the competent authorities of the other Member States of the EU or EEA Contracting States and investigations or monitoring closely in terms of an effective supervision of lenders and credit intermediaries who provide their services in other Member States in accordance with the free movement of services, to work together, ensure the enforcement of the minimum requirements of the host Member State on the knowledge and skills.

(2) has been refused a request for cooperation, in particular the exchange of information, or no response is made within a reasonable time, to the authorities referred to in article 19 of Regulation (EU) can no. 1093/2010 establishing a European supervisory authority (European banking authority), amending the decision of 716/2009/EC and repealing Decision 2009/78/EC, OJ No. L 331 of the 15.12.2010 p. 12, as last amended by Regulation (EC) No. 806/2014, OJ To support no. L 225 of the 30.07.2014 p. 1 European banking authority engaged in the matter and ask them.

(3) has the authority against a mortgage broker, established in Austria, which in one or more EU Member States or Contracting States of the EEA as a credit intermediary is involved, has a measure in accordance with article 360 or imposed an administrative penalty in accordance with section 366 para 1 subpara 1, so she has the final decision on the measure or the final decision on administrative penalty to send the competent authority of the host Member State.

(4) the authority shall notify the competent authority of the host Member State by the ending of the trade licence under section 85 or the occurrence of the suspension of the exercise of trade in accordance with article 93, paragraph 3 and paragraph 5 of a credit intermediary established in Austria.

"(5) has the Federal Minister for science, research and industry in the GISA (insurance and credit intermediaries register) pursuant to section 136 g para 1 registered mortgage brokers from the exercise of the service in accordance with section 373a para 1 in Austria banned one other Member State of the EU or EEA Contracting State or prohibited for a reasonable duration, so he has to submit the final decision on the ban or the ban of the competent authority of the home Member State."

11. in article 338, paragraph 8, after the word "Insurance mediation" the phrase 'and agencies' is inserted.

12 in 365 § and § 376 Z 18 paragraph 5 is replaced the word "Register of insurance brokers" by the expression "Insurance and credit intermediaries register".

13. in section 365a, paragraph 1, the word is omitted at the end of the Z 17 "and" and if at the end of the Z 18 item by the expression ", and" replaced and added following no. 19:



"19.

Traders, who are entitled to the credit intermediation, exert the credit intermediary concerned in the framework of the freedom of establishment or the freedom to provide services their activity in which the EU Member States or parties to the EEA, and whether the mortgage brokers are linked or not. "in the case of notices under section 136 g the data contained in these messages."

14. in paragraph 365b paragraph 1 is eliminated at the end of the Z 14 the word "and" and is at the end of the Z 15 the point by the expression ", and" replaced and added following Z 16:



"16 traders, who are entitled to the agencies, in which Member States of the EU or EEA Contracting States exert credit intermediary concerned in the framework of the freedom of establishment or the freedom to provide services their activities and whether the mortgage brokers are linked or not; "in the case of notices under section 136 g the data contained in these messages."

15. in section 365e, para. 5, the expression "Insurance broker registry" is replaced by the expression "Insurance and credit intermediaries register".

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

17. in section 373a para 1 No. 2 and paragraph 4, the expression "two years" is replaced by the expression "one year" Z 4.

18. in article 373a par. 4 Z 2, the phrase "the competent authorities or bodies" is omitted.

19 § 373a paragraph 5 reads:

"(5) in the case of ads about the first-time inclusion of an activity referred to in paragraph 4 is the Federal Minister for science, to research and industry as follows:"



1. the ads about the first-time inclusion of an activity referred to in paragraph 4 must be checked; Receipt of documents is the applicant within one month to confirm; If necessary, is to let him know which documents referred to in paragraph 4 are missing and that there is no objection against the pursuit of activities.

2. the Federal Minister for science, research and business has to check whether due to the lack of professional qualification of the service provider a severe impairment of public health or safety or the health or safety of the recipient, is if it is following trade or to associate with these crafts activities before the first exercise of a commercial activity as well as the existence of the conditions laid down in paragraph 1 : a) the industry according to § 94 Nos. 2 and 4, the industry according to § 94 Z 5 with regard to the planning, calculation and management of buildings, the commercial according to § 94 Z 14, 23, 32, 33, 34, 41, 46, 48, 53, 55, 62, 69 and 81, and the industry according to § 94 Z 82 regarding the planning, calculation and management of timber structures, b) the industry according to § 94 Z 5 with regard to the exporting activities , the industry according to § 94 Nos. 6, 10, 16, 17, 18, 25, 28, 30, 42, 43, 58, 65, 66 and 80, and the industry according to § 94 Z 82 with regard to the exporting activities, if the service provider the recognition conditions according to the according to § 373c paragraph 2 adopted regulation does not meet, and c), where appropriate, in accordance with paragraph 6 Z 2 other businesses established by regulation.

3. the review after Z 2 is to proceed as follows: a) if impaired due to lack of professional qualifications is not to be feared, this is receipt of the full documents the indicator within a period of not more than one month after to communicate. In this case, the activities from receipt of the communication of the Federal Minister for science, research and economy when the applicant is allowed.

(b) the display is to take, if between the professional qualifications of the service provider and the training required in Austria is a major difference in the way that is detrimental to the public health or safety within a period of not more than one month after receipt of the full documents only under the condition of passing an aptitude test according to paragraph 7 by decision , and this difference is not compensated by experience or knowledge, skills and competencies of the service provider, which were acquired through lifelong learning and for that purpose formally recognized as valid by a competent authority. The content of the aptitude test is the Federal Minister for science to set research and industry in the notification. The provision of the service must be within the month, following the decision of the Federal Minister for science, research and economy.

(c) if the procedure difficulties arise, which could lead to a delay, so the Federal Minister for science, research and economy shall inform the applicant within one month after receipt of the display and the accompanying documents of the reasons for this delay and the timetable for a decision. The decision must be issued before the end of the second month following the receipt of the complete documentation to the Federal Minister for science, research and economy.

(d) If no response of the Federal Minister for science, research and economy until the end of the second month following the receipt of the complete dossier in the Federal Ministry for science, research and economy, the activity must be provided.

The Federal Minister for science, research and industry has within the meaning of paragraph 4 or in paragraph 6. Z 1, stating the name (company), first name, address of the branch, to visualize a possible contact address, any other contact data in the domestic and the activity carried out in the Internet service provider"

20. in article 373a para 6 Z 1 is for the phrase "Display in accordance with paragraph 4" the expression ", but without the obligation to produce of the documents referred to in paragraph 4 Nos. 3 and 4," added.

21. in paragraph 373 para 2 sentence the word "Provisions" is replaced by the word "Determination" and eliminates the phrase "as well as the §§ 373 c 373f and 373 h".

22 373c paragraph 1 paragraph:

(1) which has provincial Governor on request as sufficient proof of professional competence by a decision to recognize the actual exercise of activities in another EU Member State or another Contracting State to the EEA, if the activities meet the requirements of the regulation referred to in paragraph 2 in connection with a relevant training according to type and duration.

23 373d paragraph:

"§ 373d. (1) insofar as not § 373c is applied, has the Governor at the request of the acquired by the applicant and proven qualifications (para. 2) with the qualification of the relevant sector or of the activity of the sector according to Directive 2005/36/EC equal to keep, if the acquired by the advertising of recognition of and proven qualifications the qualification is equivalent.

(2) to demonstrate of his qualifications acquired in an EU Member State or a Contracting State of the EEA (home Member State) has the recognition recruiter Befähigungs-or qualifications to submit. The proposed enablement or formal qualifications must be issued in a Member State of origin by a competent authority designated in accordance with its laws, regulations and administrative provisions. If the professional activities in the Member State of origin or the profession is regulated, the proposed enablement or training certificate must entitle to the taking up and pursuit of the profession or the professional activities in the territory of the Member State of origin. If the professional activities in the Member State of origin or the profession is not regulated, the applicant must have one or more enablement - or qualifications and full-time for one year or for a corresponding total duration on a part-time basis in the previous ten years in a Member State, where this profession is not regulated, have exercised the profession or professional activities. The annual exercise of the profession is not to demonstrate the qualifications of the applicant a regulated training in accordance with article 3 par. 1 lit. e of the Directive 2005/36/EC represents.

(3) the equivalence of enablement - or formal qualifications is not given when



1. the previous training with regard to the professional activity on subjects addresses that much of which differ, which are covered by the qualifications, which is prescribed by this federal law, or the industrial or commercial activities is a 2nd or include several professional activities which are not part of the corresponding regulated profession, and if this difference in special education in the home Member State of the applicant that which is prescribed under this Federal Act and refers to subjects which differ considerably from those covered by the enablement - or proof of training, presenting the advertisers of recognition of.

Among the subjects according to Z are 1 and 2, which differ significantly, those subjects to understand, knowledge of which is essential for the exercise of the profession and deviations involving significant previous training of the applicant with respect to time and has content from the training required by this federal law.


(4) no equivalence, so the equivalence under the condition of an adjustment in the form of a customization training course is (paragraph 5) or an aptitude test (para. 6) to pronounce on this way the equivalence cannot be reached. Before the equivalence under the condition of a customization training course or an aptitude test is to examine whether the knowledge acquired by the recognition of recruiters during his experience or through lifelong learning wholly or partially cover the substantial difference referred to in paragraph 3 Z 1 or 2 according to the principle of proportionality.

(5) under adaptation courses adaptation periods are lit in the meaning of article 3 para 1. (g) of Directive 2005/36/EC.

(6) under aptitude tests, aptitude tests in accordance with article 3 para 1 are lit. (h) of Directive 2005/36/EC. As the content of the aptitude test prescriptive to also passing can be, provided certain regulations under this Federal Act of regulated qualifications and master tests or of parts of it with the provisions of articles 350 to 352a and the regulations based on these provisions are applied with regard to the implementation of the aptitude test.

(7) is pronounced the same attitude on the condition of an adjustment in the form of a customization training course or an aptitude test, is the applicant the choice between an adaptation period (paragraph 5) and aptitude test (para. 6) to concede. This excludes



1 industrial or commercial activities, exercise which requires a precise knowledge of the Austrian right and where advice or assistance in relation to the Austrian law is an essential and constant part of the profession, as well as 2. commercial or commercial activities where also § 373 c is applicable as far as the qualification prescribed for it provides the knowledge and the application of certain existing Austrian legislation.

(8) the equivalence assessment in accordance with paragraphs 1 to 7 has to be made within four months after submission of the complete dossier of the recruiter of of recognition of.

(9) in order to demonstrate of his qualifications in a Member State of origin (para. 2) acquired for the purpose of equivalence with the qualification of the commercial activity of the manufacture of pharmaceutical products and Poisons, the referrer of recognition of shall submit following enablement or qualifications by way of derogation from paragraph 2:



1. the certificate within the meaning of article 11 lit. (b) of Directive 2005/36/EC, or 2. a diploma within the meaning of article 11 is lit. c of Directive 2005/36/EC or 3 lit diploma within the meaning of article 11. d of Directive 2005/36/EC or 4 lit the proof within the meaning of article 11. (e) of Directive 2005/36/EC.

Any other qualifications or any number of other qualifications that have been issued by a competent authority in a Member State of origin are the evidence according to Z 1 to 4 assimilated in relation to the appropriate level of qualification unless they complete a training acquired in a Member State of origin and are recognized by the issuing State as equivalent and give same rights as regards access to or exercise of a profession or , unless the issuing State does not regulate the profession, prepare for the exercise of this profession.

(10) the Federal Minister for science, research and economy can be described more trades according to § 94 or in accordance with article 31 regulation, for which enablement - or qualifications are to be submitted in accordance with paragraph 9."

24 § 373e paragraph 1 reads:

"(1) an applicant who seeks permission regarding the planning of buildings, the Governor has then to pronounce the same attitude if he submits evidence in relation to his professional qualification, the"



1. in accordance with article 21 para 1 of Directive 2005/36/EC in annex 5.7.1. this directive are listed or 2. in accordance with article 21 were communicated to par. 7 of Directive 2005/36/EC and published in the official journal of the European Union or 3 in accordance with article 49 of Directive 2005/36/EC to be recognised."

25 paragraph 373f:

"§ 373f. (1) the applicant has to demonstrate its in a Member State of origin (§ 373d para 2) acquired professional qualification, to demonstrate of his skills necessary for the practice of the trade, and in the case of scrutiny about necessary reliability to demonstrate of the reliability to submit the documents and certificates, as according to the sector or the specific activity of an industry, the exercise of which is sought, listed in article 50 and annex VII to Directive 2005/36/EC are." The provisions relating to the temporary cross-border services within the framework of the freedom to provide services in accordance with section 373a are excluded. The competent authority shall acknowledge receipt of the submitted evidence within one month the applicant and, where appropriate, to tell it what documents are missing.

(2) persons who are entitled on the basis of a procedure according to §§ 373a, 373 c, 373d, or 373e to the exercise of a regulated profession, may their in their Member State of origin existing lawful academic title and the only abbreviation in the language of the Member State of origin, together with the indication of the name and location of the establishment, which has awarded the academic title, or of the Audit Committee, which has awarded the academic title , lead. This does not apply however in the case of the branch office in Austria for the execution of any occupation which is lawfully in the Member State of origin. On the run of the job title "Master" with relationship to the corresponding trade article 20 shall apply."

26. in article 373, the phrase "a national of a Member State of the EU or a State party to the EEA, as well as a company within the meaning of article 373a, par. 3" eliminates h introductory phrase.

27 paragraph 373i:

"Administrative cooperation under the Directive 2005/36/EC

§ 373i. (1) the authorities have with the competent authorities of the other Member States of the EU or of a Contracting State of the European economic area and the Swiss Confederation on the application of article 8 and article 56 of the directive to work closely together 2005/36/EC, and to provide assistance to these authorities. For this purpose the competent authorities take advantage of the internal market information system (IMI) within the meaning of Regulation (EU) No. 1024/2012 through administrative cooperation with the internal market information system and repealing Decision 2008/49/EC ("IMI Regulation), OJ No L 316 of the 14.11.2012 p. 1, last amended by the 2014/67/CE directive, OJ No. L 159 of the 28.05.2014 p. 11. The confidentiality of the information exchanged must be ensured.

(2) the obligations may include in particular the exchange of information concerning people subject to this Federal Act referred to in paragraph 1:



1. details of professional qualifications, job titles, the regulation of professions and professional activities, the authorization for the exercise of professional activities.

2. details of disciplinary or criminal sanctions or any other serious exactly certain issues that could affect the activities pursued.

"3. Betreffend die Erbringung einer Dienstleistung a) all the information about the legality of the branch and the good management of the service provider, b) all information that is required in the case of complaints of a recipient of services against a service provider for a proper complaints procedure, where the recipient of the outcome of the appeal is to teach, and c) information that are not work-related disciplinary or criminal sanctions."

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

"Alert mechanism

§ 373j. (1) If after the section 373a, par. 4 and 5, 373 c, 373d or 373e is observed in the course of proceedings, that the applicant has used fake professional qualifications, the authority has the decision according to the provisions of article 56a of the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983 concerning the procedures for the issue of the European professional card and the application of competent authorities of the other Member States of the EU and States party to the EEA in the ways of the IMI within three days after rechtskräftiger Court the alert mechanism pursuant to Directive 2005/36/EC of the European Parliament and of the Council OJ No. L 159 of the 25.06.2015 p. 27, to inform. The authority shall at the same time with the delivery of the warning about the warning to inform in writing the person concerned. The person concerned may request a review of the legality of the notice in a administrative decision to be procedures for the authority that has issued the warning. Is the illegality of the notice is determined in the context of the review, the authority shall without delay to set the heads up in the ways of the IMI or to withdraw.

(2) the Federal Minister for science, research and industry may lay down more detailed provisions relating to the procedures referred to in paragraph 1 by regulation.

European professional card


§ 373 k. (1) the Governor has the proceedings concerning the recognition referred to in § 373 c, as well as the equivalence in accordance with § 373d by way of the European professional card on request according to the provisions of Article 4a et seq. Directive 2005/36/EC and the implementing Regulation (EU) making 2015/983. The Federal Minister for science, research and economy Article 4a has the procedure concerning the temporary cross-border service provision in accordance with article 373a, par. 4 and 5 in the ways of the European professional card on request in accordance with FF. Directive 2005/36/EC and the implementing Regulation (EU) making 2015/983

(2) to the full extent in the ways of the European professional card met the request, the delivery of registration to the applicant in the electronic system of the card according to the request is regarded as notification pursuant to § 373a, par 5, no. 1, that is against the pursuit of no objection, as granting of recognition pursuant to § 373 c or as a grant of equivalence in accordance with § 373d.

(3) for persons who legally carry out commercial activities under this federal law in Austria and in a different EU Member State or Contracting State of the EEA or the Swiss Confederation in the form of the European professional card apply for the recognition of professional qualifications for the purpose of the establishment, you are articles 4a of the Governor for the State of origin after FF. perform tasks assigned to the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983. For persons who lawfully exercising commercial activities under this federal law in Austria and in a different EU Member State or Contracting State of the EEA or the Swiss Confederation in the form of the European professional card apply for the temporary cross-border provision of services, you are articles 4a by the Federal Ministry of science, research and industry for the State of origin after et seq. perform tasks assigned to the Directive 2005/36/EC and the implementing Regulation (EU) 2015/983.

(4) the Federal Minister for science, research and industry may lay down more detailed provisions relating to the procedures referred to in paragraphs 1 and 3 by regulation.

Liaison Office

§ 373 l. The Liaison Office has difficulties in the course of administrative cooperation after the sections 373i to 373 k to assist the authorities, in particular if a competent authority does not have access to IMI. § 14 para 2, § 15 para 2, § 3 I no. 100/2011, are Nos. 1 and 3, paragraph 5 and paragraph 6 of the Services Act - DLG, Federal Law Gazette apply. Liaison is the locally competent Governor."

29. in paragraph 376, 17a is inserted after Z 17 following Z:



"17a. (agencies)

(1) persons who on the day before in section 382, para. 80 specific date of entry into force of the Federal Act Federal Law Gazette I no. 155/2015 permission to the practice of the trade commercial property advice, unless credit mediation not by the volume of trade is excluded, have owned, are obliged the authority no later than 30 September 2016 to announce whether they perform this activity as a bound credit intermediary or unbound credit intermediary (§ 136e para 3).

(2) persons, which I permission to engage in the activity of real estate broker, unless credit mediation not by the volume of trade is excluded, having no. 155/2015 on the day before the date of entry into force of the Federal Act Federal Law Gazette in section 382, paragraph 80, are obliged the authority no later than 30 September 2016 to announce whether they perform this activity as a bound credit intermediary or unbound credit intermediary (§ 136e para 3).

(3) a notice referred to in paragraph 1 or paragraph 2 not, is done on time so the credit intermediary is, until he has repaid a contrary message as bound intermediaries."

30 the following paragraph 6 is added to § the 379:

"(6) at the time of entry into force of the Federal Law Gazette in accordance with section 382, para 79 I no. pending cases according to §§ 373a, 373 c, 373d and 373e are 155/2015 according to the existing regulations to finish."

31. the section 382 be added following paragraph 77 to 80:

"(77) by the Federal Act Federal Law Gazette I no. 155/2015 the following guidelines be implemented:"



1. directive 2014/17/EU on residential real estate credit agreements for consumers and for amending the Directive 2008/48/EC and 2013/36/EC and the Regulation (EU) no 1093/2010, OJ No. L 60 of the 28.02.2014 page 34, last corrected by OJ No. L 246 of the 23.09.2015 p. 11, 2. the Directive 2013/55/EC amending Directive 2005/36/EC on the recognition of professional qualifications and the Regulation (EU) No. 1024/2012 through administrative cooperation with the help of the internal market information system ('IMI Regulation), OJ No. L 354 of the 28.12.2013 p. 132, and 3. the directive 2012/18/EC on the control of major-accident hazards with dangerous substances, change and subsequent repealing of Directive 96/82/EC, OJ No. L 197 of the 24.07.2012 p. 1.

(78) § 57 para 1, § 57 para 3, § 57 para 6, § 84b Z 9, § 367 Z 57a and the Appendix 5 of part 2 in the version of Federal Law Gazette I no. 155/2015 at the end of the day of the by-laws into force.

(79) article 373a, par. 1 and par. 4 to 6, § 373 para 2, § 373c para 1, § 373d, 373e, para 1, § 373f, § 373 h, § 373i and heading, the §§ 373j to 373 l complete with headings and § 379 article 6 as amended by Federal Law Gazette I no. 155/2015 apply with expiration of the day of their promulgation, with 18 January 2016 at the earliest.

(80) § 13 para 4, § 93 par. 2 and 5, § 94 Z 71, § 136e, section 136f, § 136 g, 136 h, section 137 b paragraph 7, article 137c paragraph 3 and paragraph 5, article 137d, paragraph 1, § 138 para 6, section 338, para. 8, § 365, section 365a para 1 No. 17 to 19, § 365b paragraph 1 Z 14-16, § 365e par. 5, article 366, paragraph 1 Z 8 and § 376 Z 17a and Z 18 paragraph 5 to 7 in the version of Federal Law Gazette I no. 155/2015 contact Three months after their by-laws in force; at the same time paragraph 1a override. § 136a"

 

32. the first table in the Appendix 5 of part 2 is replaced by the following table:

 

 





Column 1

Dangerous substances





Column 2

 





Column 3

 







Threshold for quantities in tonnes for the fulfillment of the requirements for establishments of the







lower class





top

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 Pentoxide, Arsen(V)-Säure or salts



1





2









8 Diarsentrioxid, Arsen(III)-Säure and/or salts



0.1





0.1









9 bromine



20





100









10 chlorine



10





25









11 Atemgängige powder form nickel compounds: nickel monoxide, nickel dioxide, nickel sulphide, Trinickeldisulfid, nickel oxide



1





1









12 Ethylenimin



10





20









13 fluorine



10





20









14 formaldehyde (C > = 90%)



5





50









15 hydrogen



5





50









16 hydrogen chloride (liquefied gas)



25





250









17. lead Alkyls



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 methylene-powder (2-chloroanilin) and its salts,



0.01





0.01









24 Methylisocyanate



0.15





0.15









25 oxygen



200





2000









26 2, 4 - diisocyanate, 2, 6 - toluene diisocyanate,.



10





100









27 Carbonyl chloride (Phosgene)



0.3





0.75









28 arsine (Arsentrihydrid)



0.2





1









29 Phosphine (Phosphortrihydrid)



0.2





1









30 Schwefeldichlorid



1





1









31 sulfur trioxide



15





75









32.

Polychlordibenzofurane and Polychlorodibenzodioxins (including TCDD) in TCDD - equivalents (see note 20)



0.001





0.001









33. the following CARCINOGENS or mixtures, the the following carcinogens with a concentration of > 5 weight % include: 4-ethylenedichloride phenyl or its salts, Benzotrichloride, benzidine and/or salts, bis(chlor-methyl)ether, chloromethyl methyl ether, 1,2-dibromoethane, diethyl sulfate, dimethyl sulfate, dimethyl-carbamoylchlorid, 1,2 Dibromo 3 - Chloropropane, 1,2-dimethyl hydrazine, Dimethylnitrosamine, Dimethylnitrosamine, hydrazine, 2-Naphthylamine and/or its salts, 4-Nitro-diphenyl and 1,3-Propanesultone



0.5





2









34. petroleum products and alternative fuels: a. gasoline and naphtha b. kerosene including turbine fuels c. gas oils (including diesel fuels, heating oils and gas oil blending streams) d. e. heavy oils alternative fuels, which serve the same purposes and in relation to flammability and environmental hazards similar properties have as the under lit. Products to (d) a



2500





25000









35. ammonia, anhydrous



50





200









36. boron trifluoride



5





20









37. hydrogen sulfide



5





20









38. piperidine



50





200









39. Bis(2-dimethylaminoethyl)methylamin



50





200









40th 3-(2-Ethylhexyloxy)propylamin



50





200









41. Natriumhypochlorit-Gemische(*) which are classified as toxic to water - acute 1 [H400] and less than 5% active chlorine and part 1 are classified in any of the other risk categories in this system (*) provided the mixture would be classified without sodium hypochlorite not as toxic to water - acute 1 [400]



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-thiadiazin-2-thione (dazomet) (see note 21)



100





200









46. methyl acrylate (see note 21)



500





2000









47. 3-Picoline (see note 21)



500





2000









48. 1-bromo-3 - Chloropropane (see note 21)



500





2000





Fischer

Faymann