Awg Novel Packaging

Original Language Title: AWG-Novelle Verpackung

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996137/awg-novelle-verpackung.html

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193. Federal Act 2002 amends the AWG (AWG novel packaging)

The National Council has decided:

The waste management act of 2002 (AWG 2002), Federal Law Gazette I no. 102/2002, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. in the table of contents the following entries to the sections 13 be inserted after section 13f g-13i:



"article 13 g."



Requirements for Primärverpflichtete of packaging



§ 13 h.



Budget packaging and industrial packaging



§ 13i.



Obligations for manufacturers and importers of disposable dishes and cutlery"2. In the table of contents, the following entries to the sections 29 be inserted according to § 29a b and 29 c:



"§ 29 b."



Additional provisions for collection and recycling systems for household packaging



section 29c.



Collective contracts for household packaging



section 29 d.



Additional provisions for collection and recovery systems for industrial packaging



section 29e.



Further obligations concerning industrial packaging 3. In the table of contents is the entry to the section 30 and the following entry to section 30a is inserted after article 30:



"article 30.



Shared use of collection and recovery systems for household packaging



section 30a.



Packaging Coordinator"4. In the table of contents is the entry to the section 32:



"§ 32.



Obligation and prohibition of cross-subsidy for household collection and recovery systems"5. According to section 13f, following sections 13 g are inserted until 13i including headings:

"Requirements for Primärverpflichtete of packaging

§ 13 g. (1) for packaging following who put irrespective of selling technique, including distance within the meaning of § 5a KSchG, packaging in Austria working in traffic considered Primärverpflichtete: 1. manufacturers and importers of service packages in the sense of a regulation in accordance with § 14 ABS. 1 with seat or establishment within the local scope of this federal law, 2 the Packers with seat or establishment within the local scope of this federal law with regard to the packaging used by them for the first time , which are no service packaging, importers with seat or establishment within the local scope of this federal law with regard to the packaging of the goods imported by them or goods, 4. own importers with seat or establishment within the local scope of this federal law with regard to the packaging of goods or goods that are purchased for the operation of the own company from abroad and that will apply 3 in the company as waste , and 5 catalogers who have no seats and no branch in the local scope of this federal law and pass the packaging or goods or goods in packaging in Austria on a private final consumers within the framework of distance selling within the meaning of § 5a KSchG.

(2) Primärverpflichtete pursuant to paragraph 1 Nos. 1 to 3 and 5 have to participate collective approved h a in accordance with §§ the 29ff and recovery system for household packaging in terms of household packaging used by them in traffic in accordance with § 13.

(3) the participation obligation referred to in paragraph 2 shall not apply 1 to the extent in which an upstream distribution level demonstrably takes part in a collection and recovery system for household packaging; the Primärverpflichtete has to present the evidence at the request of the authority; and 2 for demonstrably bepfandete packaging intended for reuse (returnable); the same applies to packaging intended for reuse and delivery in the direct exchange between suppliers and customers change their owner without requiring a deposit will be charged for this operation, and 3rd for packaging, that are contaminated with hazardous waste, or buildup in such a way, that they prevent the re-use or recycling or disproportionately difficult.

(4) If a Primärverpflichteter for packaging not or not sufficiently to a collection and recycling system has taken part and this led to a final punishment, subsequently joining the Primärverpflichtete in a collection and recovery system and to prove this to the Federal Minister of agriculture and forestry, environment and water management.

Budget packaging and industrial packaging

§ 13 h. (1) when household packaging are the following size are packaging, 1: a) an area including 1.5 m2 or b) in the case of hollow a Nennfüllvolumen including 5 litres or c) in the case of packaging made of expanded polystyrene (EPS – E.g. styrofoam) a mass 0.15 kg per sales unit and 2. usually a) in private households or b) in comparable in terms of accumulated packaging with households attack sites; This includes in particular restaurants, hotels, canteens, tobacco shops, administration building, barracks, hospitals, surgeries, educational institutions, charities, cinemas, theatre building, opera houses and museums, or resorts, parks, sports facilities, swimming pools, solariums, fitness of firms of lawyers, notaries, consultants and accountants Center and rest stops, public plazas and other small businesses fall.

Also service packaging considered 14 para 1, carrier bags and node bag within the meaning of regulation according to § regardless of their size anyway, household packaging. Packaging made of paper, cardboard, cardboard and corrugated cardboard, which meet the definition of a sales packaging within the meaning of regulation according to article 14, paragraph 1, apply regardless of their size as household packaging, if the Z 2 is true.

(2) the Federal Minister for agriculture and forestry, environment and water management is authorized to set the portion of packaging in a regulation which basically corresponds to the definition of paragraph 1, but in other places of attack, as in para 1, Z falls 2 mentioned point. Furthermore is the Federal Minister for agriculture and forestry, environment and water management authorized to determine the portion of packaging which is basically not the definition referred to in paragraph 1 is equivalent to Z 1, but in households or in similar attack posts referred to in paragraph 1 falls to no. 2. Such regulation can be set if the following documents are available: 1. a collection of affected packages, 2. a representative market analysis to represent the distribution channels of packages and 3. a representation of the accumulated mass of packaging waste including the respective fit bodies, if necessary, divided by sectors or product groups.

The temporal scope of such regulation is limited to no more than five years.

(3) as commercial packaging: 1. packaging that no household packaging in accordance with paragraph 1 are 2 paper, packaging, the definition of a transport packaging within the meaning of Regulation pursuant to § 14 para 1 the proportion of packaging that basically corresponds to the definition of paragraph 1 but within the framework of a regulation referred to in paragraph 2 as in other attack sites correspond to, 3. pallets, strapping and tapes and 4. , as laid down in paragraphs 1 Z 2 called bodies falling.

Obligations for manufacturers and importers of disposable tableware and Swaddle

"§ 13i. manufacturers, importers and private importers within the meaning of § 13 g para 1 of disposable tableware and Swaddle have to participate agreed collection and recycling system for household packaging in accordance with a regulation in accordance with § 14 para 1 of disposable dishes brought by them in traffic and-bestecks one after the §§ 29ff."

6 § 29 par. 2 7 following Z 7a is inserted in to the Z: '7a.
an approach to the separate breakdown of costs, if operated several businesses within the meaning of § 32 para 3;"

7 § 29 par. 2 8 following Z 8a is inserted in to the Z: "8a.
an effective control concept relating to the participants, that relative to the respective collecting category includes at least 80% of the masses under contract and foresees the review of participants randomly within three years; While the paid participation fees each tariff category are to be included; the collection approved the day following the announcement and recovery systems this control concept have to 1 January 2015 the Federal Ministry of agriculture and forestry, environment and water management no later than to present;"

8. in the section 29 para 4 Z 4 is the phrase "three per thousand" by the phrase "0.5 percent" replaced.

9. in section 29 be inserted after paragraph of 4 b following paragraph 4 c and 4 d:

"(4C) collection and recycling systems for household packaging collection and recovery systems for industrial packaging have in accordance with § 29 par. 4 Z 4 will be restricted funds together according to assign paragraph 4a the provisions of § 29;" they are an independent third party to use, which is to order at least every 5 years for the first time within a reasonable period of time from 1 January 2015, and in consequence. If the collection and recycling systems unite on a joint independent third parties, the Federal Minister of agriculture and forestry has to make such a prestigious environment and water management. Guidelines of the Federal Minister for agriculture and forestry, environment and water management promoting waste prevention are taken into account.


(4 d) the Federal Minister for agriculture and forestry, environment and water management has more requirements, such as in particular 1 specifications about the kind of collection, as well as the technical specifications, eg the number, volume, and frequency of emptying of the Sammeleinrichtungen, and 2. This requires defining specific waste, which in any case separately to collect must be provided if necessary to secure the obligations of collection and recovery systems or the type of waste in the permit notification in addition to paragraph 4. Also has the Federal Minister for agriculture and forestry, to provide for other requirements to achieving or securing a competitive market environment and water management, if necessary, in the permit notification in addition to paragraph 4."

10 § 29 par. 6 last sentence reads:

"Results after obtaining permission, that additional or modified requirements, conditions or time limitations to maintain to perceiving interests or additional requirements in accordance with para 4 d are required in subsection 4 are to write them later."

11 paragraph 29 paragraph 7:

"(7) following the expiry of the permit, a renewed approval by the Federal Minister for agriculture and forestry, environment and water management is required. When a renewed permit application is made not later than six months before the expiry of the existing period of approval, the collection and recovery system may be operated until a final decision on the application for renewed approval to the previous extent."

12. in section 29 para 8 the last half sentence does not apply and which is replaced by a dot that trailing semicolon.

13 the following paragraph 9 is added to section 29:

"(9) (the collection and recycling systems have a) a list of system participants, classified according to the respective categories for the own tariffs are set, and divided according to the business fields and b) to publish the applicable tariffs on its Internet site and monthly update."

14. in section 29a, the existing paragraph is labeled (1) and the following paragraph 2 is added:

"(2) a collection and recovery system may stop its operation only at the end of each calendar quarter, unless Z 4 in a communication pursuant to § 31 para 2 else determines."

15 according to § 29a, 29 following sections are inserted b until 29e including headings:

"Additional provisions for collection and recycling systems for household packaging

§ 29 b. (1) an approval of a collection and recycling system for household packaging in accordance with section 29 shall be issued only under the following additional requirements: collection and recycling systems for household packaging are to operate each overall for a collective category for the purposes of regulation according to article 14, paragraph 1 1.

2. a collection and recovery system for household packaging has to make sure the coverage with a) for each political district (collecting region) is an agreement with the respective collection partners, or with the respective municipalities or municipal associations about the collection of each collecting category in the sense of a regulation according to § 14 para 1;.

are to provide b) acquisition capacity in each region of the collection - including the public waste collection centres - within reasonable distance for the final consumers. From 1 January 2018 at least a separate gathering opportunity for each collecting category is in every municipality to set up; This requirement is also met when neighbouring municipalities together operate a public waste collection centre and there acquired the respective collecting categories;. and c) existing municipal collection facilities (paper collection, public waste collection centres and the collection of mixed municipal waste) of municipalities or municipal associations are taken into account.              

3. a collection and recovery system for household packaging has to submit the signed agreements in accordance with article 30a, paragraph 3, if a packaging coordination body with the tasks of section 30a has been para 1betraut. Is a packaging coordination entrusted after obtaining permission of collection and recovery systems, so this collection and recycling system to submit the signed agreements within two months of the entrustment to the Federal Minister of agriculture and forestry, environment and water management has. The same applies if the agreement modification or new agreements concluded. A change in the agreements or the conclusion of new agreements causes no change approval in accordance with article 29, paragraph 1.

4. a collection and recovery system for household packaging has to submit a contract that requires the participant to submit a complete message of transport used in or imported packaging mass, for which is participated in the system including the attribution to the respective tariff categories. This contract also must include the commitment to adequate participation of system participants with regard to controlling the resources collection by the packaging coordination and commitment to the payment and the right to repayment of any deviations identified during a test.

(2) a collection and recovery system for household packaging has contracts for the payment of the reasonable costs of collection and treatment in accordance with a regulation referred to in paragraph 5 of the packaging in accordance with its respective market share together with mixed municipal waste collected with those municipalities or municipal associations, which operate the collection of mixed municipal waste, to complete. Also has the collection and recycling system for household packaging in this agreement to ensure that it receives the required data of collected household packages about recycling, energy recovery and other recycling of household packaging made of glass.

(3) a collection and recovery system for household packaging has by its participants in Austria in a calendar month in traffic according to § 14 para 1 (participation in mass) no later than three weeks after the end of each calendar month electronically by way of the register referred to in section 22 to sign used or imported for personal use masses of household packaging each tariff category within the meaning of regulation. Needs to correct of the message arising after that date (E.g. on basic g late mistake a messages of participants or a subsequent membership in accordance with section 13 para 4 or examination results in accordance with section 30a para 1 No. 4), is the mass to correct in the next following month message to calculate. A first authorised collection and recovery system for household packaging has electronically for the first calendar month within the first three weeks of the month prior to the activity and for the second calendar month within the first three weeks of the first calendar month of the activity to report the planned participation in mass each tariff category by way of the register.

(4) the Federal Minister for agriculture and forestry, environment and water management has to calculate the market shares of collection and recovery systems for household packaging each collecting category in the sense of a regulation on the basis of the mass reported in accordance with paragraph 3 monthly and annually according to § 14 para 1 in the register pursuant to § 22 and publish. In the case of insolvency of collection and recovery systems, the Federal Minister of agriculture and forestry has immediately to make a recalculation of the market shares in the register pursuant to § 22 environment and water management and to make them public.

(5) the Federal Ministry of agriculture and forestry, environment and water management is authorized to determine for the calculation of the compensation referred to in paragraph 2 in agreement with the Federal Minister of economy, family and youth, taking into account the objectives and principles referred to in article 1, producer responsibility, and the technical and economic feasibility of the collection and recycling of household packaging regulation: 1 the calculation model.

2. as reference values for three years: a) the mass of the packaging in Austria together with mixed municipal waste collected;

(b) annually collect masses of household packaging each collecting category within the meaning of regulation according to § 14 paragraph 1, related to the proportion of the on the annual mass for the participation in the collection and recycling systems for household packaging is done;

(c) they are in mass transport set Austria on household packaging (market input mass);

For the definition according to Z, 2 lit. a) and c) in particular drop-side surveys are spread across the entire Federal territory, broken down by province, making every three years. A first-time determination of the shares pursuant to subpara 2 lit. (b) is carried out for the years 2015 to 2017 and, subsequently, for the next three calendar years. The shares in accordance with subpara 2 lit. b) are accordingly to adapt, if in relation to the respective Marktinputmasse in accordance with lit. (c) the mass of household packaging each collecting category in the sense of regulation according to article 14, paragraph 1, for a participation in a collection and recovery system for household packaging is done, much changes.


(6) collection and recycling systems for household packaging have for the respective collecting categories within the meaning of regulation according to § 14 para 1 according to their monthly market share after paragraph 5 in each collection area to capture the respective masses in accordance with a regulation. 1 considered included a separate collection and 2.
the acquisition together with mixed municipal waste, where over expenses borne each a corresponding contractual agreement exists.

(7) the 8 to 10 have the collection of each collecting category in the sense of a regulation according to § 14 para 1 not collected in municipal collection facilities in all political areas (collecting regions) according to collection and recycling systems for household packaging to write out.

(8) the Federal Minister for agriculture and forestry, environment and water lost to every years five, starting with the 2016, each collection and recycling system for household packaging in accordance with its market share collective regions. Where: 1 the raffle for those collecting categories within the meaning of regulation according to § 14 para 1, not collected in municipal collection facilities must be made.

2. the market share of collection and recovery systems for household packaging for each collecting category is the market share of the previous calendar year. The market share of sharer collection and recovery system is attributed to the collection used with and recycling system.

3. a percentage of the collective masses is allocated each collecting category in a regulation pursuant to § 14 para 1 referring to the masses gathered in Austria in the preceding calendar year a total each collecting region.

4. winners will be until the proportion of collecting mass reaches the market share of collection and recovery systems. The percentage of market share by more than two percentage points of collection and recovery systems is exceeded due to the size of a collection area at the draw, the lot is to lay back.

5. the photo has to be carried out no later than end of June of each calendar year.

6. the lottery has presence, each, to be a representative of each collection and recovery systems for household packaging.

(9) municipalities or municipal associations can require the acquisition or use their existing 31 December 2012 as the date infrastructure (containers, vehicles, personnel and service contracts to third parties) for the collection of household packaging compared to the collection randomly to and recycling system irrevocably for this draw period within four weeks after the draw and no later than end of February of the year following the draw for the acquisition capacity set out laid down cost and this. In this case, the collection and recycling systems have with the respective municipality or to conclude contracts corresponding to the respective municipal Association, agree on the payment of reasonable costs.

(10) collection and recycling systems have each randomly collecting regions no later than end of June of the calendar year following the draw carried out in the tender procedure of the collection as long as not the acquisition or use of the infrastructure in accordance with paragraph 9. For the tender and the contract the respective collection and recycling system has an appropriate procedure with prior publication of notice in accordance with the Federal Procurement Act 2006 - BVergG 2006, Federal Law Gazette I no. 17/2006, choose and perform this according to the principles of public procurement law. Offers, which exposes proprietary associated waste management company a with a collection and recycling system for household packaging or exclude such companies not as sub contractor, are eliminated. The collection and recycling system, which carried out the tender procedure, has to determine the best bidder each collecting category and collecting region and to publish immediately in an appropriate manner.

(11) any collection and recovery system is responsible in each randomly collecting region for the ongoing coordination of collection and timely information about any changes in the collection of the other collection and recycling systems.

Collective contracts for household packaging

section 29c. (1) every waste collector, who has completed a contract for the collection of household packaging with a collection and recycling system for household packaging (collecting partner), is obliged to conclude collective contracts with any other collection and recycling system for household packaging for the collecting area, if so wishes the collection and recovery system and this is objectively justified. All collection and recycling systems are according to the same principles to treat; Price differences are allowed only insofar as they are justified on the basis of different costs.

(2) municipalities or municipal associations are obliged, through the collection of household packaging, collected in municipal collection facilities, to conclude collective agreements with each collection and recycling system for household packaging if so wishes the collection and recovery system and this is objectively justified. All collection and recycling systems are according to the same principles to treat; Price differences are allowed only insofar as they are justified on the basis of different costs.

(3) any collection and recycling system for household packaging has the collective contracts with the collective partners and with the municipalities or municipal associations so complete, that use the collective structures by other collection and recycling systems for household packaging is possible.

(4) a collective agreement has to include at least the following: 1. determination of transfer stations and their equipment, as well as by Übergabemodalitäten, 2. Services, including the collection infrastructure, and the fee, including any storage costs, 3. disclosure and audit and inspection rights relating to the masses and their quality, including the relevant records, and 4 establishment of a Board of arbitration.

(5) the duties referred to in paragraphs 1 and 2 have 1.
all separately collected packaging including any misses on the collection and recycling systems according to their respective market share and 2.
screened household packaging, insofar as this is necessary for the fulfilment of the capture and the material recycling rates on the collection and recovery systems to pass; the market share of sharer collection and recovery systems is attributable to the collection used with and recycling system in accordance with section 30. The transfer has to be made at the latest before placing in a treatment facility. The collection and recycling systems for household packaging have to take over the masses in accordance with Nos. 1 and 2 at each transfer point.

(6) collection and recycling systems for household packaging have to make use of existing collection infrastructure for packaging waste and municipal solid waste. A duplication of collection facilities, i.e. the establishment of same collection infrastructures, such as, for example, another tank system or bag system for the same packaging material is not allowed.

Additional provisions for collection and recovery systems for industrial packaging

section 29 d. (1) an of collection and recovery systems for industrial packaging in accordance with section 29 may be approved only under the following additional requirements: 1 collection and recovery systems for industrial packaging are to operate each overall for a collecting category in the sense of a regulation according to § 14 para 1, 2. has a collection and recycling system for commercial packaging to make sure the coverage for each political district (collecting region) at least a common delivery point with enough acquisition capacity to set up is. The contracts with the operators of transfer points are so close that it is possible to contract with other collection and recovery systems for industrial packaging.

3. a collection and recycling system for commercial packaging has to submit the signed agreements in accordance with article 30a, paragraph 3, if a packaging coordination was entrusted with the tasks of section 30a, paragraph 2. Is a packaging coordination entrusted after obtaining permission of collection and recovery systems, so this collection and recycling system to submit the signed agreements within two months of the entrustment to the Federal Minister of agriculture and forestry, environment and water management has. The same applies if the agreement modification or new agreements concluded. A change in the agreements or the conclusion of new agreements causes no change approval in accordance with article 29, paragraph 1.

4.

A collection and recycling system for commercial packaging has to submit a contract that requires the participant to submit a complete message of transport used in or imported packaging mass, for which is participated in the system including the attribution to the respective tariff categories. This contract also must include the commitment to adequate participation of system participants with regard to controlling the resources collection by the packaging coordination body, the obligation for the payment and the right to repayment of any deviations identified during a test.

5. collection and recycling systems for commercial packaging have a contract with each collection partner carries out a business road disposal for paper packaging to complete (GESTRA) that performs the collection services for a collection and recycling system for commercial packaging.

At the time 1 July 2014 approved collection and recovery systems for industrial packaging and applicants who have applied for an application for approval of a collection and recycling system for commercial packaging up to this point, have the Federal Ministry of agriculture and forestry, environment and water management until September 30, 2014 to prove, to meet the requirements of Nos. 2, 4 and 5 from 1 January 2015.

(2) a collection and recycling system has for commercial packaging of their participants in a calendar month in traffic according to § 14 para 1 (participation in mass) no later than three weeks after the end of each calendar month electronically by way of the register referred to in section 22 to sign used or imported for personal use masses of commercial packaging each tariff category within the meaning of regulation. Needs to correct of the message arising after that date (E.g. on basic g para 4 or section 30a, paragraph 2 No. 4 late mistake a messages of participants or a subsequent membership in accordance with § 13) is the mass to correct in the next following month message to calculate. A first authorised collection and recycling system has for commercial packaging electronically for the first calendar month within the first three weeks of the month prior to the activity and for the second calendar month within the first three weeks of the first calendar month of the activity to report the planned participation in mass each tariff category by way of the register.

(3) If 1 proven to an agreement on the direct collection, including transport costs, has completed a collection and recycling system for commercial packaging with an operator of a commercial seizure authority and 2 for the predominant portion of packaging resulting from this bout map a participation in this collection and recycling system has occurred, this collection and recovery system is entitled, the mass of collected and entpflichteten in this collection and recovery system packages each tariff category in a regulation according to § 14 para 1 no later than three Weeks after the end of each calendar month to report electronically by way of the register in accordance with section 22.

(4) the Federal Minister for agriculture and forestry, environment and water management has to calculate the market shares of collection and recovery systems for industrial packaging each collecting category in the sense of a regulation on the basis of the mass reported in accordance with paragraph 2 and 3 monthly according to § 14 para 1 in the register in accordance with section 22. For this they are pursuant to par. 3 to remove collected and reported mass by the mass of the respective collection and recovery systems notified under paragraph 2. The Federal Minister for agriculture and forestry, environment and water management has to publish the market shares. In the case of insolvency of collection and recovery systems, the Federal Minister of agriculture and forestry has immediately to make a recalculation of the market shares in the register pursuant to § 22 environment and water management and to make them public.

Further obligations concerning industrial packaging

section 29e. Each operator of a transfer point for commercial packaging and collection of any affiliate who carries out a business road disposal for paper packaging (GESTRA), agrees with any other collection and recycling system for commercial packaging to conclude contracts, if so wishes the collection and recovery system and this is objectively justified. All collection and recycling systems are according to the same principles to treat; Price differences are only permissible. insofar as they are justified on the basis of different costs"

16 paragraph 30 together with the heading:

"Joint use of collection and recovery systems for household packaging

30. (1) a collection and recovery system for household packaging can the requirements pursuant to § 29 b para 1 No. 2 and the obligations as per § 29 para 2 by presenting an upright sharing agreement with one approved collection and recycling system for household packaging, which facilities ensures to collect household packaging on the basis of direct contracts, in accordance with section 29 c, meet. A shared use is allowed only for the entire Federal territory.

(2) any collection and recovery system for household packaging, which ensures facilities for collection and collection of household packaging on the basis of direct contracts pursuant to section 29 c, has to enable a shared by other collection and recycling systems for household packaging on the basis of a joint use agreement and proportionally to pass the budget packages the collection use with and recycling system."

17. after section 30 the following article 30a together with heading shall be inserted:

"Packaging coordination

section 30a. (1) the Federal Minister for agriculture and forestry, environment and water management a packaging coordination can entrust pursuant to § 13 b of paragraph 2 with the following tasks of the collection and recycling systems for household packaging: 1. coordination of information of the final consumers, including the coordination of financial compensation for the relevant services of the municipalities and municipal associations, 2. perform the required analyses regarding the collection of household packaging, 3. cooperation at the cost-efficient design of the packaging collection , in particular in the preparation of a regulation in accordance with § 36 Z 6, 4. the coordination and, if necessary, change of control concepts in accordance with § 29 par. 2 coordinated Z 8a and their implementation; a change of the control concept causes no change approval in accordance with article 29, paragraph 1; the Federal Minister for agriculture and forestry, and 5. the packaging coordination has an administrative offence is suspected to inform environmental and water management under delivery of relevant documents, the design of Schlichtungsmodalitäten.

(2) the Federal Minister for agriculture and forestry, environment and water management can entrust the packaging coordination body referred to in paragraph 1 with the following duties of collection and recovery systems for industrial packaging: 1. maintaining a register about attack sites of commercial packaging, 2. closure of agreements with operators of seizure set of industrial packaging about the provision of the required data, 3. perform the required analyses concerning the collection of commercial packaging , 4. the coordination and, if necessary, change of control concepts in accordance with § 29 par. 2 coordinated Z 8a and their implementation; a change of the control concept causes no change approval in accordance with article 29, paragraph 1; the Federal Minister for agriculture and forestry, and 5. the packaging coordination has an administrative offence is suspected to inform environmental and water management under delivery of relevant documents, the design of Schlichtungsmodalitäten.

(3) on the tasks referred to in paragraph 1 or 2, the packaging coordination has to conclude agreements respectively with all collection and recovery systems for packaging. § 13b of paragraph 3 to 5 and the apply section to 13f 13 c. Other tasks relating to the use of funds of for waste prevention can be transferred within the framework of agreements with the collection and recovery systems for packaging the packaging coordination."

18 § 31 para 2 is as follows:

"(2) the following measures are available: 1. making recommendations for action to correct deficiencies and to improve the fulfilment of commitments;"

2. the issuance of orders, which measures within the meaning of no. 1 are mandatory, to put within reasonable period of time and the Federal Ministry of agriculture and forestry, to demonstrate environmental and water management are;

3. the threat of deprivation or limitation of approval;

"4. der Entzug oder die Einschränkung der Genehmigung, wenn a) of the operator that acquired services largely fails and is unlikely to occur with a remedy within an appropriate period, b) the operator no longer complies with the other conditions for approval or c) takes the operator business in the business field within six months after the granting of approval."

19. the heading and paragraph 1 of article 32 are:


"Obligation and prohibition of cross-subsidy for household collection and recycling systems

32. (1) Haushaltsnahe collection and recovery systems are 1 collection and recycling systems for electrical and electronic equipment from private households, 2. collection and recycling systems for equipment or vehicle batteries and 3. collection and recycling systems for household packaging."

20 paragraph 32 para 3:

"(3) Haushaltsnahe collection and recovery systems, which also another division according to para 1 operate Z 1-3 or concerning industrial waste or multiple business areas according to the collecting categories of a regulation referred to in article 14, paragraph 1, may not to subsidise these areas and have to ensure the transparency of payment and power flows between these business fields through a suitable organizational or accounting separation of the divisions."

21. in paragraph 36, the point is replaced at the end of the Z 4 with a semicolon and following Nos. 5 and 6 added: '5. fixing of collective and tariff categories;

6, taking into consideration of the planning powers available to the States and taking into account the technical and economic feasibility of recycling and resource conservation are specifications for the collection of the collection and recycling systems in accordance with §§ 29ff, including the technical specifications such as in particular the type and number of Sammelhilfen, acquisition capacity and collection frequency, as well as the laying down of specific waste, to collect at least separated."

22. the section 78 be added following paragraph 19 to 22:

"(19) if paragraph 20 and 21 do not otherwise permits collection and recovery systems for packaging continue to define apply after 1 January 2015 in the previous extent."

(20) the permits of household (section 32 as amended before the Federal Act, Federal Law Gazette I no. 193/2013) collection and recycling systems for packaging 2014th go expiry of December of 31 if a such collection and recovery system I submits an application No. 193 / 2013 following day until no later than three months after the announcement of the Federal Act Federal Law Gazette for approval for collection and recycling systems for household packaging , may this collection and exploitation system be continued until a final decision on this request to the previous extent. Newly applied for permits for collection and recycling systems for household packaging can be granted at the earliest with effect from 1 January 2015. In a decision issued before that date the legal situation is in any case already apply 1 January 2015.

(21) a collection existing 1 January 2013 and recovery system for packaging until the expiry of his permit in the previous scope on the basis of the legal situation prior to entry into force of the Federal Act, Federal Law Gazette I no. 193/2013, continued to operate cannot, if the following criteria are met: 1. the collection and recycling system for calendar year 2012 accounted for the bulk of all packaging compared to all entpflichteten packaging entpflichteten with him of not more than 1% has;

2. the collection and recovery system retired packaging 13 h I 193/2013, the definition of household packaging meeting no after entry into force of the section as amended by the Federal Act, Federal Law Gazette, and 3. a dispensation can be done only for those with the participating in the day following the announcement of the debtor.

A collection and recovery system, which takes this provision claim, the Federal Minister of agriculture and forestry, environment and water management entertained the fulfilment of the conditions has this until no later than three months after the announcement of the Federal Act Federal Law Gazette I no. 193 / 2013 following day to display.

(22) for the tendering of collections of household packaging in all political areas (collecting regions) before 2017, second sentence, have the collection and recycling systems in accordance with paragraph 20 shall be observed the provisions of § 29 (b) paragraph 7, 9 and 10."

22A. 23 the following paragraph is added to article 78:

"(23) If an approval in accordance with § 37 treatment plant at the time of entry into force of this Federal Act, Federal Law Gazette I no. 193/2013 on no approval pursuant to § 37 has, but a permit in accordance with §§ 74 ff GewO 1994 and all other approvals, permits or Zurkenntnisnahmen, these according to their scope as an approval under this Federal Act, apply if until 31.12.2014 a request pursuant to § 6 section 7 Z 2 the scope of the types of waste" , Waste, treatment procedures and the system capacity when the Governor is provided. The parties referred to in section 42, not ff in 1994, and in all other approval procedures involved GewO approval pursuant to §§ 74 were, in the approval procedure for party status. Results on the occasion of the recognition process, that the to be performed in accordance with § 43 interests despite compliance with the incidental provisions contained in the permit are not sufficiently protected, has to impose the authority pursuant to article 62, paragraph 3 the measures required, suitable according to the current state of the art."

23 § 79 par. 1 Z 8 is: "8 without permission in accordance with section 29 a collection and recovery system operates or in § 29 par. 2 Z 8a, § 29a, § 29 para 2, § ABS. 29B para 7, 9 and 11, section 29 c 3, article 29, paragraph 1, article 32 para. 3 or § 78 para 20 or a regulation in accordance with § 36 Z does not comply with 1, 2, 5 and 6 set obligations."

24 § 79 par. 2 2 b is inserted in to the Z 2a following Z: "2. contrary to § 13 g para 2 through 4 and § 13i not or not sufficiently to a collection and recovery system takes part," 25. § 79 par. 2 8 following Z 8a is inserted in to the Z: "8a.
not conclude contracts contrary to section 29 c paragraph 1 or 2, or section 29e contrary to section 29 c paragraph 5 not passes packaging acquires or operated contrary to section 29 c para 6 is not existing collection infrastructure or contrary to § 30 para 2 a shared use, does not allow"26 § 79 para 3 No. 1 is:"1. contrary to § 5 para 4, 5 or 7, section 7, paragraph 1 or 7, section 13 , section 13a, paragraph 3, 4 or 4a, section 13 g paragraph 3 or 4, § 15 paragraph 6, § 16 par. 2 Z 5, article 17, paragraph 1, 3, 4 or 5, article 18, para. 3, 4 or 5, article 20, article 21, § 22 para 6, § 22a, § 22B, 22 c, section 24a, para 2 Nos. 3 or 5, § 29 para. 8 and 9, § 29 b para 3, § 29 par. 2 and 3, § 31 para 2 No. 2 , § 32 para 4, § 35 para 3, § 40 paragraph 3a, § 47 para 3, § 48 para 2a, § 51 para 2a, article 60, paragraph 1, 3, 4 or 5, § 61 para 2 or 3, section 64 or section 77 para 5 or 6, § 78 para 7 or 12 or contrary to a regulation according to § 4, § 5, section 13a par. 1a, § 14 para 1 in conjunction with § 2 No. 9 ", § 14 para. 2 b, § 23 paragraph 1 Z 5, paragraph 2 or 3, § 36 Z 4, article 65, paragraph 1 Z 4 or § 71a article 6 or contrary to the EC-PRTR-V does not fulfil the recording, retention, template - or detection, reporting, requests for information or inspection duties or registration, cooperate, notification or rectification obligations or disclosure requirements," 27. Section 91 is added following paragraph 30 to 32:

"(30) the table of contents, § 29 par. 2, 4, 4 d, 6, 7 and 8, § 29a, the heading to § 29 b, § 29 b of paragraph 1, 2, 5 and 7 to 11, section 29 c and heading 30 together with heading, section 30a together with heading to section 29 d, section 29 d para 1, § heading, § 31 para 2, the heading to § 32, § 32 para 1 and 3, § 36 and § 78 para 19 to 22 as amended by Federal Law Gazette I no. 193 / 2013 enter into force with the day following the announcement."

(31) § 29b paras 3 and 4 and § 29 par. 2 to 4 as amended by Federal Law Gazette I no. 193/2013 with 1 December 2014 into force.

"(32) § 13 g together with heading, § 13 h including heading, § 13i including heading, § 29 par. 4c and 9, § 29 b paragraph 6, section 29e, including headline and article 79, paragraph 1, 2 and 3 as amended by Federal Law Gazette I no. 193/2013 with 1 January 2015 into force."

Fischer

Faymann