Awg Novel Packaging

Original Language Title: AWG-Novelle Verpackung

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193. Federal law amending the AWG 2002 (AWG-Novelle packaging)

The National Council has decided:

The Waste Management Act 2002 (AWG 2002), BGBl. I n ° 102/2002, as last amended by Federal Law Gazette (BGBl). I No 35/2012, shall be amended as follows:

1. The following entries are inserted in the table of contents according to § 13f to the § § 13g to 13i:

" § 13g.

Obligations for primary obligations of packaging

§ 13h.

Household packaging and commercial packaging

§ 13i.

Obligations for manufacturers and importers of disposable tableware and cutlery "

2. The following entries are inserted in the table of contents according to § 29a and § § 29b and 29c:

" § 29b.

Additional provisions for collection and recovery systems for household packaging

§ 29c.

Collective agreements for household packaging

§ 29d.

Additional provisions for collection and recycling systems for commercial packaging

§ 29e.

Other obligations relating to industrial packaging

3. In the table of contents the entry is in § 30 and is inserted in accordance with § 30 of the following entry to § 30a:

" § 30.

Use of collection and recycling systems for household packaging

§ 30a.

Packaging Coordination Unit "

4. The entry in the table of contents is § 32:

" § 32.

Enforcement of counterparties and prohibition of cross-subsidisation for domestic collection and recovery systems "

5. According to § 13f, the following § § 13g to 13i shall be inserted together with the headings:

" Obligations for primary obligated packaging

§ 13g. (1) The following persons shall be deemed to be the primary responsible for packaging, irrespective of the method of distribution, including distance selling within the meaning of Section 5a of the KSchG, placing packaging on the market in Austria in the commercial manner:

1.

Manufacturers and importers of service packaging within the meaning of a regulation pursuant to § 14 (1), having its registered office or branch, in the local area of application of this Federal Act,

2.

Packer with its registered office or branch in the local area of application of this Federal Act with regard to the packaging used for the first time, which is not a service packaging,

3.

Importers who have their registered office or branch in the local area covered by this Federal Act with regard to the packaging of the goods or goods imported by them,

4.

Self-importers with their registered office or branch in the local area of application of this Federal Law with regard to the packaging of goods or goods purchased for the operation of the company's own company from abroad and which are used in the company as waste, and

5.

Mail-order traders who do not have a registered office or branch in the local area of this Federal Law, and which have the packaging or goods or goods in packaging in Austria to a private final consumer in the context of distance sales in the The terms of Section 5a of the KSchG.

(2) In accordance with § 13h, primary obligates pursuant to Section 1 (1) to (3) and (5) shall take part in a collection and recycling system for household packaging, as approved in accordance with § § 29ff.

(3) The obligation to participate in accordance with paragraph 2 is deleted

1.

to the extent that a upstream distribution stage has been shown to participate in a collection and recovery system for household packaging; the primary has to submit the evidence at the request of the Authority; and

2.

for verifiable packaging intended for re-use (returnable packaging); the same shall apply to packaging intended for re-use and in the case of a delivery in direct exchange between suppliers and customers change the owner without the amount of a deposit being charged during this process, and

3.

for packaging contaminated with hazardous waste or with arrests in such a way as to prevent or disproportionately impede re-use or recovery.

(4) In so far as a primary obligor for packaging has not or not sufficiently participated in a collection and recovery system and has resulted in a final punishment, the primary obligated at a later date to a collection and recovery system. The German Federal Minister for Agriculture, Forestry, Environment and Water Management must demonstrate this.

Household packaging and commercial packaging

§ 13h. (1) Packaging shall be considered as household packaging;

1.

have the following size:

a)

an area up to and including 1,5 m 2 or

b)

in the case of hollow bodies, a nominal filling volume of up to 5 litres or less, or

c)

in the case of packaging made of expanded polystyrene (EPS-zB Styrofoam), a mass up to 0.15 kg per unit of sale

and

2.

usually

a)

in private households or

b)

as regards the packaging of households which are comparable with households, such as restaurants, hotels, canteens, trafics, administrative buildings, barracks, hospitals, doctors ' practices, educational institutions, law firms, Lawyers, notaries, consultances and chartered accountants, charities, cinemas, theatres, opera houses and museums, or resort facilities, parks, sports facilities, outdoor swimming pools, solariums, fitness centres and rest areas, public Places and other micro-enterprises

is incurred.

In addition, service packaging in the sense of a regulation according to § 14 para. 1, carrying bags and node bags, regardless of their size, are in any case considered to be household packaging. Packaging made of paper, cardboard, cardboard and corrugated board, which corresponds to the definition of a sales packaging within the meaning of a regulation according to Article 14 (1), shall be deemed to be household packaging, irrespective of its size, provided that the Z 2 applies.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is authorized to lay down in a Regulation the proportion of packaging which, in principle, corresponds to the definition of paragraph 1, but in other cases, than in the case of the points referred to in paragraph 1 (2). Furthermore, the Federal Minister for Agriculture, Forestry, Environment and Water Management is authorized to determine the proportion of packaging which is not in principle the same as the definition provided for in paragraph 1 (1) (1) but in households or in comparable The decay points referred to in paragraph 1 (2) are obtained. A Regulation of this type may be established if the following documents are available:

1.

a list of the packaging concerned;

2.

a representative market analysis for the presentation of the distribution channels of the packaging and

3.

a presentation of the resulting masses of packaging waste, including the respective seizage points, broken down by branch or product group, if appropriate.

The temporal scope of such a regulation is limited to a maximum of five years.

(3) Industrial packaging shall be considered as:

1.

packaging which does not constitute household packaging in accordance with paragraph 1 of this Article,

2.

Packaging made of paper which corresponds to the definition of a transport packaging as defined in Article 14 (1) of the Regulation;

3.

pallets as well as strapping and adhesive tapes and

4.

the proportion of packaging which, in principle, corresponds to the definition of paragraph 1, but which has been determined in the context of a regulation as referred to in paragraph 2 as in other cases of seizage, as referred to in paragraph 1 (2) of this Article.

Obligations for manufacturers and importers of disposable tableware and cutlery

§ 13i. Manufacturers, importers and self-importers within the meaning of Section 13g (1) of disposable tableware and cutlery shall, in accordance with a regulation in accordance with § 14 (1), have on a basis according to § § § § 14 (1) concerning the disposable tableware and cutlery placed on the market. 29ff to participate in the collection and recovery system for household packaging. "

6. In § 29 (2) the following Z 7a is inserted after Z 7:

" 7a.

a concept for a separate breakdown of costs, provided that a number of business units are operated within the meaning of section 32 (3); "

7. In § 29 (2) the following Z 8a is inserted after Z 8:

" 8a.

an effective control concept relating to participants, which includes at least 80% of the masses under contract in relation to each category of collection, and which provides for the review of participants at random within three years; in this case, the fees paid shall be included in each tariff category; on the basis of the collection and recycling systems approved for the following day, the Federal Minister for Agriculture, Forestry, the Environment and Water Management of this Control concept no later than 1. January 2015; "

8. In § 29 (4) Z 4, the word order shall be "Three Promille" through the phrase "0.5 percent" replaced.

9. In § 29, the following subsections 4c and 4d are inserted after paragraph 4b:

" (4c) Sammel and recycling systems for household packaging and collection and recycling systems for commercial packaging have the funds to be used in accordance with § 29 (4) (4) to be awarded together in accordance with the provisions of section 29 (4a); in this connection they shall be subject to an independent third party, which shall, for the first time, within a reasonable period of time above 1. January 2015 and subsequently at least every 5 years is to be ordered anew. If the collection and recovery systems do not agree on a common independent third party, the Federal Minister for Agriculture, Forestry, Environment and Water Management has to make such a name. Guidelines of the Federal Minister for Agriculture, Forestry, Environment and Water Management concerning the promotion of waste prevention must be taken into account.

(4d) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in addition to paragraph 4, has additional requirements in the approval decision, such as in particular:

1.

Specifications concerning the type of collection and the technical specifications, such as the number, volumes and emptying frequency of the collection facilities established, and

2.

the definition of certain wastes which are to be collected separately, at any rate,

provided that this is necessary to ensure the fulfilment of the obligations of the collection and recovery system, or the nature of the waste. In addition, the Federal Minister for Agriculture, Forestry, the Environment and Water Management must, if necessary, in the letter of approval, provide further conditions for achieving or securing a competitive market in addition to paragraph 4. "

10. § 29 (6) last sentence reads:

" After the granting of the authorisation that additional or amended conditions, conditions or limits are necessary to safeguard the interests or supplementary conditions referred to in paragraph 4, which are to be observed in accordance with paragraph 4, these shall be retrospected. "

Section 29 (7) reads as follows:

" (7) After the end of the approval period, a new approval by the Federal Minister for Agriculture, Forestry, Environment and Water Management is required. If a request for re-authorisation is submitted not later than six months before the expiry of the existing authorisation period, the collection and recovery system may, pending a final decision on the application for re-authorisation, be submitted in the to date to date. "

12. In § 29 (8), the last half-sentence and the line-point preceding it shall be replaced by one point.

13. The following paragraph 9 is added to § 29:

" (9) The collection and recovery systems have

a)

a list of the system participants, broken down according to the categories for which their own tariffs are defined, and broken down by the business units and

b)

the applicable tariffs

on its website and update it on a monthly basis. "

14. In § 29a, the existing paragraph shall be given the name "(1)" and the following paragraph 2 is added:

"(2) A collection and recovery system shall only terminate its operation at the end of a calendar quarter, unless otherwise specified in a communication pursuant to section 31 (2) (4)."

15. According to § 29a, the following § § 29b to 29e shall be inserted together with the headings:

" Additional provisions for collection and recovery systems for household packaging

§ 29b. (1) The approval of a collection and recycling system for household packaging according to § 29 may only be granted subject to the following additional requirements:

1.

Collection and recycling systems for household packaging are to be operated as a whole for a collection category within the meaning of a regulation according to Article 14 (1).

2.

A collection and recycling system for household packaging shall ensure the coverage of the area, where:

a)

there is a contract for each political district (collective region) with the respective collection partners or with the respective municipalities or community associations on the collection of the respective collection category within the meaning of a regulation in accordance with Article 14 (1);

b)

To provide sufficient takeover capacity in each collection region, including publicly available waste collection centres, at reasonable distance for the final consumer. From 1. January 2018 at least one separate collection facility for each collection category is to be set up in each municipal area; this requirement is also fulfilled if neighbouring municipalities jointly operate a publicly accessible waste collection centre and take over the respective collection categories there; and

c)

to take account of existing communal collection facilities (waste paper collection, publicly available waste collection centres and the collection of mixed municipal waste) of the municipalities or associations of municipalities.

3.

A collection and recycling system for household packaging has to submit the signed agreements pursuant to Article 30a (3), provided that a packaging coordination body has been entrusted with the tasks of section 30a (1). Where a packaging coordination body is entrusted with the authorisation of a collection and recovery system, the collection and recovery system shall have the signed agreements within two months from the date on which the Federal Minister of State for Agriculture, forestry, the environment and water management. The same applies if the agreements are changed or new agreements are concluded. An amendment to the agreements or the conclusion of new agreements does not entail a change approval pursuant to Section 29 (1).

4.

A collection and recycling system for household packaging shall be subject to a contract which obliges the participants to report a complete notification of the packaging materials placed on the market or imported for which they have participated in the system , including the allocation to the respective tariff categories; furthermore, this Treaty shall require the appropriate participation of the system participants with a view to the monitoring of the financial recovery by the The packaging coordination body and the obligation to repay and the right to Repayment of any discrepanation recorded during an examination.

(2) A collection and recovery system for household packaging has, in accordance with a Regulation in accordance with paragraph 5, contracts for the retribution of the packaging covered by its respective market share in conjunction with mixed municipal waste. appropriate costs of collection and treatment with those municipalities or community associations that operate the collection of mixed municipal waste. In addition, the collection and recycling system for household packaging in this contract shall ensure that it provides the necessary data for the collected household packaging on recycling, thermal recovery and other recovery of the Household packaging made of glass.

(3) A collection and recycling system for household packaging shall have the mass of household packaging in the sense of a tariff category, placed on the market or imported for use by its participants in Austria in a calendar month. Pursuant to Section 14 (1) of the Regulation, to report electronically by the register in accordance with § 22 no later than three weeks after the end of each calendar month. If, after this point in time, necessities arise for the correction of the notification (e.g. due to delays in the information received by the participants or a subsequent participation in accordance with § 13g (4) or examination results according to § 30a (1) (4)), the to be corrected in the next month's notice. A collection and recycling system for household packaging approved for the first time shall be subject to the planned participation rates for the first calendar month within the first three weeks of the previous month prior to the commence of the activity and for the second calendar month. The calendar month within the first three weeks of the first calendar month of the activity shall be reported electronically through the register.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, on the basis of the masses reported in accordance with paragraph 3, monthly and annually the market shares of the collection and recovery systems for household packaging per class of collection in the To calculate and publish the terms of a regulation in accordance with § 14 (1) of the Register in accordance with § 22. In the event of an insolvency of a collection and recovery system, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall immediately recalculate the market shares in the register in accordance with § 22, and shall .

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be authorized to calculate the retribution in accordance with paragraph 2 in agreement with the Federal Minister for Economic Affairs, Family and Youth, taking into account the objectives and To lay down principles in accordance with § 1, producer responsibility and technical and economic possibilities for the collection and recovery of household packaging by regulation:

1.

the calculation model;

2.

as reference sizes for three years:

a)

the mass of packaging collected in Austria together with mixed municipal waste;

b)

the proportion of each year to be covered by mass of household packaging per category within the meaning of Article 14 (1) of the Regulation, in relation to the annual mass, for which participation in collection and recovery systems for: Household packaging has been carried out;

c)

the mass of household packaging placed on the market in Austria (market inputts);

For the determination according to Z 2 lit. (a) and (c) are, in particular, waste-side surveys distributed over the entire Federal territory, broken down by federal states, every three years. A first-time determination of the shares according to Z 2 lit. (b) shall be for the calendar years 2015 to 2017 and subsequently for the subsequent three calendar years. The proportions according to Z 2 lit. (b) should be adjusted accordingly if, in relation to the respective market-tinting mass, according to lit. (c) substantially changes the mass of household packaging per class of collection within the meaning of a regulation in accordance with Article 14 (1), for which a participation in a collection and recycling system for household packaging has been carried out.

(6) Collection and recycling systems for household packaging have for the respective collection categories in accordance with Article 14 (1) a regulation according to their monthly market share the respective masses according to a regulation according to paragraph 5 in each collecting region. The following shall be considered

1.

a separate collection and

2.

the collection, together with mixed municipal waste,

if

there is a corresponding contractual agreement in each case on the cost of the costs.

(7) Collection and recovery systems for household packaging have the collection of the respective collection category within the meaning of Article 14 (1) of the Regulation, which are not collected in municipal collection facilities, in all political districts (collecting regions) in accordance with the requirements of paragraphs 8 to 10.

(8) The Federal Minister for Agriculture, Forestry, Environment and Water Management will be giving away every five years, starting with 2016, each collection and recycling system for household packaging according to its market share of collecting regions. Where:

1.

The raffle has to be made for those collection categories within the meaning of Article 14 (1) of the Regulation, which are not collected in municipal collection facilities.

2.

The market share of a collection and recycling system for household packaging for each category of collection shall be the market share of the previous calendar year. The market share of a co-operating collection and recovery system is attributed to the shared collection and recovery system.

3.

Each collection region shall be allocated a percentage of the collection masses per class of collection within the meaning of Article 14 (1), in relation to the total mass collected in Austria in the previous calendar year.

4.

A draw shall be made until the share of the collection masses reaches the market share of a collection and recycling system. If the percentage of the market share of a collection and recovery system is exceeded by more than two percentage points during the draw by the size of a collection region, the lot shall be set back.

5.

The raffle must be made by the end of June of the respective calendar year at the latest.

6.

The raffle shall be made in the presence of a representative of each collection and recycling system for household packaging.

(9) Municipalities or municipal associations may, within four weeks after the draw, take over or use their existing infrastructure (containers, vehicles, personnel and service contracts to third parties) on the date of 31 December 2012 for collection for household packaging, irrevocably for this period of closure in relation to the loosened collection and recycling system, and, at the latest by the end of February of the calendar year following the draw, the costs envisaged for this period and the cost of the recovery shall be have sufficient takeover capacity. In this case, the collection and recovery systems shall conclude contracts with the local community or the respective community association, whereby the payment of the appropriate costs is to be agreed.

(10) Collection and recovery systems shall carry out the collection procedure for the collection by the end of June of the following calendar year at the latest in the respectively leased collection regions, unless the taking-over or use of the collection systems is not Infrastructure provided for in paragraph 9. For the tender and for the award the respective collection and recycling system has a suitable procedure with prior notice pursuant to the Bundesvergabegesetz 2006-BVergG 2006, BGBl. I No 17/2006, to be carried out in accordance with the principles of the procurement law. Anbote, which is placed by a waste disposal company with a collection and recycling system for household packaging, or which does not exclude such companies as subcontractors, is to be eliminated. The collection and recovery system, which has carried out the tender procedure, shall identify the best tenderers for each category of collection and the collection region and shall immediately publish them in an appropriate manner.

(11) Each collection and recovery system shall be in the respectively responsible collection region for the ongoing coordination of the collection and timely information on any changes in the collection to the other collection and recovery systems. responsible.

Collective agreements for household packaging

§ 29c. (1) Each waste collector who has concluded a contract for the collection of household packaging with a collection and recycling system for household packaging (collecting partner) is obliged to conclude collective agreements with each other collection and collection system. To complete the recovery system for household packaging for the respective collection region, provided that this is the wish of the collection and recycling system and that this is objectively justified. All collection and recovery systems shall be treated in accordance with the same principles; price differences shall be permitted only insofar as they are objectively justified on the basis of different costs.

(2) Municipalities or community associations are obliged to conclude collective agreements with each collection and recycling system for household packaging through the collection of household packaging collected in municipal collection facilities, provided that the collection and recovery system wishes to do so, and that this is objectively justified. All collection and recovery systems shall be treated in accordance with the same principles; price differences shall be permitted only insofar as they are objectively justified on the basis of different costs.

(3) Each collection and recycling system for household packaging shall conclude the collection contracts with the collection partners and with the municipalities or community associations in such a way as to allow the collection structures to be used by other collection and distribution systems. Recycling systems for household packaging are possible.

(4) A collective agreement shall contain at least the following:

1.

determination of transfer points and their equipment, as well as transfer modalities,

2.

services, including the collection infrastructure, and the remuneration, including any storage costs,

3.

disclosure requirements and test and inspection rights relating to the masses and their quality, including the relevant records; and

4.

Establishment of an arbitration body.

(5) The pledge referred to in paragraphs 1 and 2 shall be

1.

all packages collected separately, together with any discards, to the collection and recovery systems in accordance with their respective market share; and

2.

sorted household packaging, to the extent that this is necessary for the performance of the collection and recycling rates,

to the collection and recovery systems; the market share of a co-using collection and recovery system shall be attributed to the shared collection and recovery system in accordance with § 30. The transfer shall be made at the latest before the introduction into a recovery facility. The collection and recycling systems for household packaging have to be taken over by the masses according to Z 1 and 2 at each transfer point.

(6) Collection and recovery systems for household packaging have to be served by existing collection infrastructures for packaging waste and municipal waste. [0050] Duplication of collecting devices, that is to say the establishment of identical collection infrastructures, such as, for example, a further container system or bag system for the same packaging material, is not permissible.

Additional provisions for collection and recycling systems for commercial packaging

§ 29d. (1) The approval of a collection and recycling system for commercial packaging according to § 29 may only be granted subject to the following additional requirements:

1.

Collection and recycling systems for commercial packaging must be operated in each case as a whole for a collection category within the meaning of Article 14 (1) of the Regulation,

2.

A collection and recycling system for commercial packaging shall ensure the coverage of the area, with at least one generally accessible transfer point with sufficient acquisition capacity to be set up for each political district (collection region) is. Contracts with the operators of the surrender points shall be concluded in such a way as to enable the conclusion of a contract with other collection and recycling systems for commercial packaging.

3.

A collection and recycling system for commercial packaging has to submit the signed agreements pursuant to Section 30a (3), provided that a packaging coordination body has been entrusted with the tasks of section 30a (2). Where a packaging coordination body is entrusted with the authorisation of a collection and recovery system, the collection and recovery system shall have the signed agreements within two months from the date on which the Federal Minister of State for Agriculture, forestry, the environment and water management. The same applies if the agreements are changed or new agreements are concluded. An amendment to the agreements or the conclusion of new agreements does not entail a change approval pursuant to Section 29 (1).

4.

A collection and recycling system for commercial packaging shall be subject to a contract which requires the participants to report a complete notification of packaging materials placed on the market or imported for which they have participated in the relevant system , including the allocation to the respective tariff categories; furthermore, this Treaty shall require the appropriate participation of the system participants with a view to the monitoring of the financial recovery by the Packaging coordination body, the obligation to repay and the right to Repayment of any discrepanation recorded during an examination.

5.

Collection and recycling systems for industrial packaging have a contract with each collecting partner, who carries out a business street disposal for paper packaging (GESTRA), the collection services for a collection and collection and recycling of the packaging. Recovery system for commercial packaging.

At the time of 1 July 2014, collection and recycling systems for industrial packaging and applicants, which have applied for a request for approval of a collection and recycling system for industrial packaging up to that date, , the Federal Minister of Agriculture, Forestry, Environment and Water Management has to prove by 30 September 2014 that the requirements of Z 2, 4 and 5 shall be met from 1. January 2015 will be fulfilled.

(2) A collection and recycling system for industrial packaging shall have the mass of commercial packaging for each category of tariff category, placed on the market or imported for use by its participants in a calendar month, in the sense of: Pursuant to Section 14 (1) of the Regulation, to report electronically by the register in accordance with § 22 no later than three weeks after the end of each calendar month. If, after this point in time, necessities arise for the correction of the message (e.g. due to delays in the notifications of the participants or a subsequent participation in accordance with § 13g (4) or § 30a (2) (4)), the mass to be corrected shall be to be included in the next month's registration. A collection and recycling system for commercial packaging, approved for the first time, shall be subject to the planned participation rates per tariff category for the first calendar month, within the first three weeks of the previous month prior to the commence of the activity and for the The second calendar month within the first three weeks of the first calendar month of the activity shall be reported electronically by way of the register.

(3) Where

1.

a collection and recycling system for commercial packaging has been shown to have concluded an agreement on the direct collection, including transport costs, with an operator of a commercial seizage; and

2.

for the predominant part of the packaging produced at this point of seizage, participation in this collection and recycling system has been carried out,

This collection and recovery system shall be entitled to the mass of the packaging collected and paid for in this collection and recycling system per tariff category within the meaning of a regulation pursuant to section 14 (1) to no later than three weeks after the end of the collection to report electronically by the register in accordance with section 22 of each calendar month.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, on the basis of the masses reported in accordance with para. 2 and 3, the market shares of the collection and recycling systems for commercial packaging per class per month in the sense of to a regulation in accordance with § 14 (1) of the Register in accordance with § 22. For this purpose, the masses collected and reported in accordance with paragraph 3 shall be deducted from the masses of the respective collection and recovery system reported in accordance with paragraph 2. The Federal Minister for Agriculture, Forestry, Environment and Water Management has to publish the market shares. In the event of an insolvency of a collection and recovery system, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall immediately recalculate the market shares in the register in accordance with § 22, and shall .

Other obligations relating to industrial packaging

§ 29e. Each operator of a transfer point for commercial packaging and any collective partner who carries out a business street disposal for paper packaging (GESTRA) shall be obliged to contract with any other collection and recovery system for to complete commercial packaging, provided that the collection and recycling system so wishes, and that this is objectively justified. All collection and recovery systems shall be treated in accordance with the same principles; price differences shall be permitted only if they are objectively justified on the basis of different costs. "

16. § 30 together with headline reads:

" Co-use of collection and recycling systems for household packaging

§ 30. (1) A collection and recycling system for household packaging may be subject to the conditions laid down in Section 29b (1) (2) and the obligations pursuant to Section 29b (2) by the submission of an upright co-use contract with an approved collection and distribution system. Recovery system for household packaging, which ensures facilities for the collection of household packaging on the basis of direct contracts in accordance with § 29c. A shared use is permitted only for the entire federal territory.

(2) Each collection and recycling system for household packaging, which ensures facilities for the collection and collection of household packaging on the basis of direct contracts in accordance with § 29c, has shared use by other collection and collection of household packaging. To allow recovery systems for household packaging on the basis of a co-use contract and to hand over the household packaging proportionately to the co-operating collection and recovery system. "

17. In accordance with § 30, the following § 30a and heading is inserted:

" Packaging Coordination Office

§ 30a. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may entrust a packaging coordination office with the following tasks of collecting and recycling systems for household packaging according to Article 13b (2):

1.

the coordination of the information provided to the final consumer, including coordination of the financial compensation of the services provided by the municipalities and local authorities;

2.

the carrying out of the necessary analyses relating to the collection of household packaging;

3.

Cooperation in the cost-efficient design of the packaging collection, in particular in the preparation of a regulation pursuant to § 36 Z 6,

4.

the coordination and, where necessary, modification of the control concepts in accordance with Article 29 (2) (8a) and their coordinated implementation; a change in the control concept does not entail a change authorisation in accordance with section 29 (1); the packaging coordination office Has to inform the Federal Minister for Agriculture, Forestry, the Environment and Water Management, on suspicion of an administrative surrender, with the submission of the relevant documents, and

5.

the design of the layout of the lighting system.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may entrust the packaging coordination office in accordance with paragraph 1 with the following tasks of collecting and recycling systems for industrial packaging:

1.

keeping a register on the seizings of industrial packaging;

2.

Closure of agreements with operators of industrial packaging waste products, by providing the necessary data,

3.

the carrying out of the necessary analyses relating to the collection of commercial packaging;

4.

the coordination and, where necessary, modification of the control concepts in accordance with Article 29 (2) (8a) and their coordinated implementation; a change in the control concept does not entail a change authorisation in accordance with section 29 (1); the packaging coordination office Has to inform the Federal Minister for Agriculture, Forestry, the Environment and Water Management, on suspicion of an administrative surrender, with the submission of the relevant documents, and

5.

the design of the layout of the lighting system.

(3) The packaging coordination office shall conclude agreements with all collection and recycling systems for packaging on the tasks referred to in paragraph 1 or 2. § 13b (3) to (5) and § § 13c to 13f are to be applied. The packaging coordination body may, within the framework of agreements with the packaging and recycling systems for packaging, carry out further tasks relating to the use of the means of waste prevention. "

18. § 31 (2) reads:

" (2) The following measures shall be available:

1.

the submission of recommendations for action to remedy shortcomings and to improve the performance of commitments;

2.

the issuing of contracts which make it compulsory for measures within the meaning of Z 1 to be made within a reasonable period of time and which must be demonstrated to the Federal Minister for Agriculture, Forestry, the Environment and Water Management;

3.

the threat of withdrawal or restriction of authorisation;

4.

the withdrawal or restriction of the authorisation if:

a)

the operator does not substantially share the acquired services and cannot be expected to remedy the situation within a reasonable period of time,

b)

the operator no longer fulfils the other conditions for authorisation, or

c)

the operator does not take up the business in the respective business unit within six months of the granting of the permit. "

19. The title and paragraph 1 of § 32 are:

" Forcing counterparties and banning cross-subsidisation for domestic collection and recovery systems

§ 32. (1) Budget near collection and recovery systems are

1.

Collection and recycling systems for WEEE from private households,

2.

Collection and recycling systems for battery and vehicle batteries, and

3.

Collection and recycling systems for household packaging. "

Article 32 (3) reads as follows:

" (3) Budget near collection and recovery systems, which also include another business unit according to paragraph 1 (1) (1) to (3) or for industrial waste or several business units in accordance with the collection categories of a regulation pursuant to § 14 (1) , they shall not be allowed to cross-subsidise these areas and shall, through appropriate organisational or accounting separation of the business units, ensure the transparency of the flows of payments and services between these business areas. "

21. In § 36, the point at the end of Z 4 is replaced by a stroke point and the following Z 5 and 6 are added:

" 5.

Definition of collection and tariff categories;

6.

Taking into account the planning powers granted to the federal states and taking into account the technical and economic possibilities of recycling and the conservation of resources requirements for the collection of the collection and collection of products and services. Recycling systems according to § § 29ff, including the technical specifications such as in particular the type and number of collection aids, acquisition capacity and pick-up frequency as well as the determination of certain waste, which at any rate are to be collected separately. "

(22) The following paragraphs 19 to 22 are added to § 78:

" (19) Insofar as paragraphs 20 and 21 do not specify otherwise, the authorisations of collecting and recycling systems for packaging shall also apply after 1. January 2015 to the previous extent.

(20) The authorisations of budget-related (§ 32 in the version before the Federal Act, BGBl. I n ° 193/2013) collection and recycling systems for packaging expire on 31 December 2014. Insofar as such a collection and recovery system is carried out no later than three months after the date of the presentation of the Federal Law BGBl. I n ° 193/2013 following a request for authorisation for collection and recycling systems for household packaging, this collection and recovery system shall be allowed until the final decision on this application to the extent to which it has been submitted continue to operate. Newly requested authorisations for collection and recovery systems for household packaging can be used at the earliest with efficacy 1. Jänner 2015. In the event of an infringement of the law before that date, the legal situation shall already be in each case 1. Jänner 2015.

(21) One on 1. January 2013 existing collection and recycling system for packaging can be based on the legal situation prior to the entry into force of the Federal Law, BGBl. I n ° 193/2013, where the following criteria are met:

1.

For the calendar year 2012, the collection and recovery system shall have a share of the mass of all packaging which it has paid for in comparison with all unpaid packagings of not more than 1%;

2.

the collection and recycling system will be subject to the obligations of packaging, which after the entry into force of § 13h in the version of the Federal Law, BGBl. I No 193/2013, on the definition of household packaging; and

3.

a commitment can only be made for the meals participating in the day following the day of the customer's presentation.

A collection and recovery system which uses this provision shall be provided by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, with the fulfilment of the conditions laid down by the Federal Minister for Agriculture, Forestry, the Environment and Water Management no later than three months after the date of the meeting. Manifestation of the Federal Law BGBl. I No 193/2013 shall be displayed.

(22) In order to tender for collections of household packaging in all political districts (collection regions) before 2017, the collection and recovery systems according to paragraph 20 second sentence have the provisions of section 29b (7), (9) and (10) in accordance with the provisions of "

(22a) The following paragraph 23 is added to Article 78:

" (23) If a treatment facility subject to authorisation in accordance with § 37, at the time of the entry into force of this Federal Law, BGBl. I No 193/2013 has no authorization pursuant to § 37, but a permit pursuant to § § 74 ff GewO 1994 and all other permits, authorisations or connotations are available, they shall be deemed to be approved in accordance with the scope of the authorization. this federal law, if by 31 December 2014 a request for a determination pursuant to Section 6 (7) (2) (2) on the scope of the waste types, waste quantities, treatment procedures and plant capacity at the regional governor is made. The parties mentioned in § 42, which were not involved in the approval procedure in accordance with § § 74 ff GewO 1994 and in all other approval procedures, have party status in the process of the arrest. If, on the occasion of the determination procedure, the interests of the public are not sufficiently protected in spite of compliance with the secondary provisions contained in the authorisation, the authority shall have the following information in accordance with Section 62 (3) of the to take appropriate measures, in accordance with the state of the art. "

23. § 79 (1) Z 8 reads:

" 8.

operates a collection and recovery system without authorisation in accordance with § 29, or in accordance with § 29 paragraph 2 Z 8a, § 29a, § 29b para. 2, § 29b para. 7, 9 and 11, § 29c para. 3, § 29d para. 1, § 32 Abs. 3 or § 78 para. 20 or in a regulation pursuant to § 36 Z 1, 2, 5 and 6 does not comply with the obligations laid down. "

24. In § 79 (2) the following Z 2b is inserted after Z 2a:

" 2b.

Contrary to § 13g (2) to (4) and § 13i, not or not sufficiently participating in a collection and exploitation system, "

25. In § 79 (2), the following Z 8a is inserted after Z 8:

" 8a.

Contrary to § 29c (1) or (2) or § 29e of the Treaties, or in breach of § 29c (5), no packaging shall be handed over or taken over or, contrary to § 29c (6), does not serve any existing collection infrastructure or, contrary to § 30 (2), a Shared use not enabled, "

26. § 79 (3) Z 1 reads:

" 1.

contrary to § 5 para. 4, 5 or 7, § 7 para. 1 or 7, § 13, § 13a para. 3, 4 or 4a, § 13g para. 3 or 4, § 15 para. 6, § 16 para. 2 Z 5, § 17 para. 1, 3, 4 or 5, § 18 para. 3, 4 or 5, § 20, § 21, § 22 para. 6, § 22a, § 22b, § 22c, § 24a Abs. 2 Z 3 or 5, § 29 (8) and (9), § 29b (3), § 29d (2) and (3), § 31 (2) (2), § 32 (4), § 35 (3), § 40 (3a), § 47 (3), § 48 (2a), § 51 (2a), § 60 (1), 3, 4 or 5, § 61 (2) or (3), § 64 or § 77 (5) or (6), § 78 (7) or (12), or contrary to a regulation pursuant to § 4, § 5, § 13a (1a), § 14 paragraph 1 in conjunction with paragraph 2 Z 9, § 14 paragraph 2b, § 23 para. 1 Z 5, para. 2 or 3, § 36 Z 4, § 65 paragraph 1 Z 4 or § 71a (6) or contrary to the EC-PRTR-V does not comply with the recording, storage, presentation or proof of reporting, reporting, disclosure or inspection duties or registration, participation, notification or reporting obligations or publication obligations, "

27. The following paragraphs 30 to 32 are added to § 91:

" (30) The table of contents, § 29 para. 2, 4, 4d, 6, 7 and 8, § 29a, the title to § 29b, § 29b (1), 2, 5 and 7 to 11, § 29c, including the title, the title of § 29d, § 29d para. 1, § 30, including the title, § 30a, and the title, § 31 para. 2, which Title to § 32, § 32 (1) and (3), § 36 and § 78 (19) to (22) in the version of the Federal Law BGBl. I No 193/2013 shall enter into force with the day following the event.

(31) § 29b (3) and (4) and § 29d (2) to (4) in the version of the Federal Law BGBl. I No 193/2013 will enter into force on 1 December 2014.

(32) § 13g including title, § 13h including title, § 13i including title, § 29 para. 4c and 9, § 29b para. 6, § 29e including the title and § 79 para. 1, 2 and 3 in the version of the Federal Law BGBl. I No 193/2013 will be 1. Jänner 2015 in force. "

Fischer

Faymann