Biocidal Product Act - Biozidprodukteg

Original Language Title: Biozidproduktegesetz – BiozidprodukteG

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105. Federal Law on the Implementation of the Biocidal Products Ordinance (Biocidal Products Act-Biocidal Products Act)

The National Council has decided:

table of contents

1. Section:

General provisions

§ 1.

Scope

§ 2.

Provision of biocidal products and treated articles on the market

Section 2:

Tasks, authorities, procedures, information and fees

§ 3.

Competent authority and tasks

§ 4.

Attach

§ 5.

Specific procedural provisions

§ 6.

Biocidal Products-Directory

§ 7.

Data Sharing

§ 8.

Testing and assessment bodies

§ 9.

Poison information

§ 10.

Reporting and reporting obligations

§ 11.

Fees

Section 3:

Classification, labelling, packaging, safety data sheet and regulation

§ 12.

Classification, labelling and packaging as well as safety data sheets

§ 13.

Labelling of treated articles

§ 14.

Regulation, prohibitions and restrictions

Section 4:

Monitoring

§ 15.

Monitoring

§ 16.

Surveillance powers

§ 17.

Provisional seizure

§ 18.

Seizure

§ 19.

Verfall

§ 20.

Provisional coercion and security measures

Section 5:

Criminal provisions

§ 21.

Criminal provisions

§ 22.

Responsibility

6. Section:

Transitional and final provisions

§ 23.

Applicability of the provisions of other legislation

§ 24.

Linguistic equality

§ 25.

Entry into force, repeal of legislation and transitional provisions

§ 26.

Enforcement

Section 1

General provisions

Scope

§ 1. (1) This federal law serves the enforcement of Regulation (EU) No 528/2012 on the making available on the market and the use of biocidal products (hereinafter referred to as the Biocidal Products Regulation), OJ L 136, 31.5.2012, p. No. 1., and any other implementing acts of the European Union that regulate the placing on the market of biocidal products, such as, in particular, Regulation (EC) No 1451/2007 on the second phase of the Ten-year work programme referred to in Article 16 (2) of Directive 98 /8/EC of the European Parliament and of the Council concerning the placing on the market of biocidal products, OJ L 327, 30.4.1998, p. No. OJ L 325, 11.12.2007 p.3.

(2) The terms used in this federal law, such as, in particular, "biocidal product", "biocidal product family", "active substance" and "treated goods", are to be understood in accordance with the definitions laid down in the Biocidal Products Regulation.

(3) Biocidal products shall be III. Section of the Chemicals Act 1996-ChemG 1996, BGBl. I No 53/1997, unless otherwise specified in paragraphs 4 and 5.

§ 38 and § § 41 and 42, with the proviso that consumers are not entitled to refer to biocidal products that fall under this provision, and that consumers may not be granted an authorisation to purchase such biocidal products, § 43, § 44, § 45 (1), first sentence, § 46 and § 48 of the Chemicals Act 1996 are to be applied mutas to biocidal products which have one of the dangerous properties or, if they are classified in accordance with Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures, amending and repealing the Directives 67 /548/EEC and 1999 /45/EC, and amending Regulation (EC) No 1907/2006, OJ L 327, 30.12.2006, p. No. 1 ('the CLP Regulation '), one of the categories of danger listed in Article 19 (4) (lit). a first stroke and Art. 19 para. 4 lit. b first to fourth indent of the Biocidal Products Regulation.

(5) Section 45 (1), second sentence, as well as (3) and (4) and § 46 (3) of the Chemicals Act 1996 shall apply mutatily to biocidal products which, in accordance with

1.

the criteria laid down in the Chemicals Act 1996, the dangerous property

a)

"Harmful" (§ 3 paragraph 1 Z 8 ChemG 1996, BGBl. I No 53/1997, as amended by the ChemG-Novelle 2011, BGBl. I No 7/2012) or

b)

"sensitising" (§ 3 paragraph 1 Z 11 ChemG 1996, BGBl. I No 53/1997, as amended by the ChemG-Novelle 2011, BGBl. I n ° 7/2012) by inhalation with R-Satz 42 ('sensitisation by inhalation '), or

2.

the criteria laid down in the CLP Regulation, one of the hazard classes or the categories of danger

a)

"acute oral toxicity" category 4,

b)

"acute dermal toxicity" category 4,

c)

"acute inhalation toxicity" (gas and dust/fog) category 4,

d)

"acute inhalation toxicity" (vapour) of category 3 or 4,

e)

"specific target organ toxicity, single exposure" of category 1 or 2

f)

"specific target organ toxicity, repeated exposure", category 1 or 2,

g)

"Danger of aspiration" of category 1 or

h)

"sensitising for the airways" of category 1, subcategory 1A or 1B

, if they are classified in accordance with the CLP Regulation.

(6) In the case of the Biocidal Products Regulation, Directive 90 /167/EEC laying down the conditions for the production, placing on the market and use of medicated feedingstuffs in the Community, OJ L 139, 30.4.1990, p. No. 42., Directive 2001 /82/EC on the Community code relating to veterinary medicinal products, OJ L 311, 28.11.2001, p. No. 1., or Directive 2001 /83/EC on the Community code relating to medicinal products for human use, OJ L 311, 28.11.2001, p. No. 67., this is the case in matters relating to the application of the Ordinance on Biocidal Products in the Federal Republic of Germany and the enforcement of this Federal Law as a reference to the Medicines Act, BGBl. No. 185/1983.

(7) In the case of the Biocidal Products Regulation, Directive 90 /385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices, OJ L 206, 22.7.1990, p. No. OJ L 189 of 20.07.1990 p.17, Directive 93 /42/EEC on medical devices, OJ L 189, 20.7.1990, p. No. 1, or Directive 98 /79/EC on in vitro diagnostic medical devices, OJ L 327, 30.12.1998, p. No. 1., this is the case in matters relating to the application of the Ordinance on Biocidal Products in the Federal Republic of Germany and the enforcement of this Federal Law as a reference to the Medical Devices Act, BGBl. No 657/1996.

(8) Where, in the Biocidal Products Regulation, Directive 67 /548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, OJ L 136, 31.5.1967, p. 1., or to Directive 1999 /45/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations, OJ L 196, 27.7.1999, p. No. 1., this is to be understood in matters relating to the application of the Ordinance on Biocidal Products in the Federal Republic of Germany and the enforcement of this Federal Law as a reference to the Chemicals Act 1996.

(9) Where the Biocidal Products Regulation is based on Directive 2009 /48/EC on the safety of toys, OJ L 327, 30.4.2009, p. No. 1., this is the case in matters relating to the application of the Ordinance on Biocidal Products in the Federal Republic of Germany and the enforcement of this Federal Act as a reference to the toy labelling regulation, BGBl. No 1029/1994, as amended by the BGBl Regulation. II No 139/2012.

Provision of biocidal products and treated articles on the market

§ 2. (1) Insofar as biocidal products are not only subject to the general principles for the authorisation of biocidal products following an authorisation in accordance with the Biocidal Products Regulation, in particular those referred to in Article 17 of the Biocidal Products Regulation, or subject to authorisation for the parallel trade in accordance with Article 53 of the Biocidal Products Regulation or in the framework of research and development under Article 56 of the Biocidal Products Regulation may be made available and used on the market, its offering and provision shall be made available on the market. Market and use in the Federal territory only permissible, insofar as this is in Art. 89, Art. 91, Art. 92, Art. 93 and Art. 95 of the Biocidal Products Regulation and in accordance with this Federal Law

1.

for biocidal products containing old active substances listed in Annex II to Regulation (EC) No 1451/2007, and

2.

for biocidal products in the Federal Republic of Germany according to the Biocidal Products Act (Biocides Act), BGBl. I No 105/2000, have been approved or registered,

, and in so far as it is not provided for in Directive 98 /8/EC concerning the placing of biocidal products on the market (hereinafter referred to as the Biocidal Products Directive), OJ L 327, 30.4.1998, p. No. 1), as last amended by Directive 2013 /5/EU, OJ L 123, 24.4.2013, p. No. 14, or implementing act adopted pursuant to the Biocidal Products Regulation, and in so far as it does not preclude any measure which has been taken under this Federal Act or under the Biocides Act.

(2) The European Commission shall adopt an implementing regulation in accordance with Article 9 (1) (1). a of the Biocidal Products Regulation on the approval of an old active substance or decides it in accordance with Art. 9 (1) (lit). The Federal Minister of Agriculture, Forestry, the Environment and Water Management, in so far as these implementing acts do not have direct legal effects on the Biocidal Products Regulation, that an old active substance is not authorised. are responsible for the provision of biocidal products on the market, with a Regulation the further provision of biocidal products affected by such an implementing act, from the fulfilment of the provisions of the above Conditions and conditions referred to in the implementing act , or to prohibit it in accordance with the implementing act. Such a Regulation shall specify whether and where appropriate within which period, as a precondition for the further provision of the biocidal products concerned on the market, a request for authorisation in accordance with the Biocidal Products Regulation and in accordance with the provisions of this Federal Law, or whether and, if appropriate, the date on which the provision on the market or the use of the biocidal products concerned has to be applied to certain product types, uses or categories of users is restricted or entirely prohibited.

(3) Those who intend to place treated goods on the territory of the Federal Republic of Germany shall comply with the requirements of Articles 58 and 94 of the Biocidal Products Regulation. The offer and the provision on the market of treated products which do not comply with the requirements of Articles 58 and 94 of the Biocidal Products Regulation are not permitted.

Section 2

Tasks, authorities, procedures, information and fees

Competent authority and tasks

§ 3. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is the competent authority in the Federal Republic of Germany for the enforcement of the Biocidal Products Regulation, which pursuant to Article 81 of the Biocidal Products Regulation shall apply for the application of this Regulation. is responsible. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the tasks of the administration, as provided for in the Biocidal Products Regulation and the implementing acts of the European Union based thereon, which are to be addressed to the Member States or the competent authorities shall be aware of the fact that the provisions of this Federal Act are not otherwise intended. In addition to the carrying out of procedures or participation in the procedures in accordance with the Biocidal Products Regulation, including notification procedures, these tasks shall also be subject to the reimbursement of comments relating to: Authorisation procedures as set out in the Biocidal Products Regulation, as provided for in Article 27 (2), Art. 35, Article 37 and Article 44 of the Biocidal Products Regulation.

(2) In accordance with the Biocidal Products Regulation, information and communications from the Member States or the competent authorities to the European Chemicals Agency (hereinafter referred to as "the Agency") shall be provided for, or shall the Agency have such information or information as to The Federal Minister of Agriculture, Forestry, the Environment and Water Management shall provide for information in a manner which is expressly justified in the Biocidal Products Regulation, in accordance with the conditions laid down in to existing legal obligations. § 10 shall also apply to information and communications pursuant to this provision.

Attach

§ 4. (1) The application for authorisation of a biocidal product or a family of biocidal products within the meaning of Articles 17 to 38 of the Biocidal Products Regulation shall be submitted in electronic form by the person who intends to place it on the territory of the Federal Republic of Germany. The Register for Biocidal Products shall be submitted to the Federal Minister for Agriculture, Forestry, Environment and Water Management in accordance with Article 71 of the Biocidal Products Regulation. For the submission of applications pursuant to Article 39 of the Biocidal Products Regulation, only official and scientific bodies shall be entitled to apply for the purposes of the aforementioned provision of the Biocidal Product Regulation.

(2) Applications for authorisations for parallel trade within the meaning of Article 53 of the Biocidal Products Regulation shall be submitted in electronic form via the Register for Biocidal Products in accordance with Article 71 of the Biocidal Products Regulation with the Federal Minister for Land-and Forestry, the environment and water management.

(3) notifications of experiments or experiments for research and development purposes within the meaning of Article 56 of the Biocidal Products Regulation shall be sent in writing to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, who shall, in accordance with the criteria set out in the Biocidal Products Regulation must, where appropriate, be informed of the submission or approval of an experiment or experiment or of the pre-writing of conditions and obligations.

(4) The General Administrative Procedure Act 1991-AVG, BGBl is provided as far as the biocidal product regulation or the Biocidal Products Ordinance or the Federal Act does not specify otherwise in accordance with the provisions of the Biocidal Product Regulation or the Federal Act. No 51/1991.

Specific procedural provisions

§ 5. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall have a written confirmation within the meaning of Art. 7 (1) of the Federal Minister for Agriculture, Forestry, Environment and Water Management that he intends to apply for the approval of an active substance. Biocidal product regulation that the Federal Minister for Agriculture, Forestry, Environment and Water Management will carry out the evaluation of the active substance, if not important public interests are in conflict and if: this credibly makes the application likely to meet the data requirements and that the application fees are paid in due time. A rejection of the confirmation within the meaning of Article 7 (1) of the Biocidal Products Regulation has to be made with communication from the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(2) In the procedures for the approval of active substances according to Articles 7 to 16 of the Biocidal Products Regulation, the Federal Minister for Agriculture, Forestry, the Environment and Water Management is obliged to act as the competent authority for the evaluation of an active substance. To act in accordance with the above provisions of the Biocidal Products Regulation if it has given its consent in writing with a written confirmation in accordance with paragraph 1, and if the Agency has submitted a request for the authorisation of a The Federal Minister for Agriculture, Forestry, the Environment and the Water management pursuant to the second subparagraph of Article 7 (2) of the Biocidal Products Regulation. The applicant, who has submitted an application to the Agency for the approval of an active substance, shall be considered as a party in the proceedings before the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(3) For procedures in which the Federal Minister for Agriculture, Forestry, the Environment and Water Management is the evaluating competent authority in the course of the simplified authorisation procedure for the authorisation of a biocidal product, which is to be used for the simplified procedure. In accordance with the provisions of the authorisation procedure, the provisions of paragraph 1 shall apply mutaly to the decision.

(4) A request for authorisation of a biocidal product in the simplified authorisation procedure within the meaning of Articles 25 and 26 of the Biocidal Products Regulation shall be deemed to have been submitted to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, if:

1.

the applicant has a written confirmation within the meaning of paragraph 3 above, that the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall evaluate the application for authorisation in the course of the simplified procedure. Authorisation procedure shall be carried out,

2.

the application has been submitted to the Agency and is registered in the Register for Biocidal Products under Article 71 of the Biocidal Products Regulation; and

3.

the fees to be paid by the Federal Minister for Agriculture, Forestry, the Environment and Water Management in accordance with § 11.

(5) For procedures in which the Federal Minister for Agriculture, Forestry, the Environment and Water Management, as the evaluating competent authority, as part of the Union authorisation pursuant to Articles 41 to 44 of the Biocidal Products Regulation, on the Union authorisation of a A biocidal product shall be used in accordance with the provisions of paragraphs 1 and 2.

(6) Information and documents to be submitted to the Federal Minister for Agriculture, Forestry, Environment and Water Management in accordance with the Biocidal Products Regulation or the Federal Minister for Agriculture, Forestry, Environment and Water Management are to be presented in German. By way of derogation, summaries of the product characteristics referred to in Article 20 (1) (1) of the Biocidal Products Regulation may be submitted in procedures for granting a Union authorisation in accordance with Article 43 of the Biocidal Products Regulation. a Z ii of the Biocidal Products Regulation will also be presented in English. Access certificates within the meaning of Article 61 of the Biocidal Products Regulation shall be taken into account in proceedings before the Federal Minister for Agriculture, Forestry, the Environment and Water Management only in accordance with Article 61 of the Biocidal Products Regulation; and only if they are intended for submission to the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(7) Authorisations for biocidal products shall be granted with conditions and obligations, in particular as regards the specifications, labelling and details of the permitted types of supply on the market and use, where: This is necessary for compliance with the requirements of the Biocidal Products Regulation or the admission requirements laid down in this Federal Act. Legislation laying down requirements relating to the conditions for the authorisation or use of biocidal products, in particular with regard to the protection of health or the protection of the environment, shall be governed by the shall be considered.

(8) In administrative procedures for the renewal of an authorisation of a biocidal product issued by the Federal Minister for Agriculture and Forestry, it is particularly appropriate to proceed in accordance with Article 31 of the Biocidal Product Regulation.

(9) Administrative procedures for the repeal or amendment of an authorisation of a biocidal product issued by the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be in particular in accordance with Articles 48 to 52 of the Biocidal Products Regulation.

Biocidal Products-Directory

§ 6. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may lead a biocidal product directory which may include all biocidal products authorised for the supply to the market in the Federal Republic of Germany.

(2) The following information may be provided for each of these biocidal products:

1.

the trade name and authorisation number of the biocidal product;

2.

Conditions of admission and

3.

Summary of the properties of the biocidal product within the meaning of Article 22 (2) of the Biocidal Product Regulation.

(3) Where appropriate, in the biocidal product list according to paragraph 1, any person may inspect during office hours, make copies himself on the spot or at his own expense in accordance with the available technical possibilities can be finished.

Sharing data

§ 7. (1) Who intends to refer to data from an earlier applicant in accordance with Article 64 of the Biocidal Products Regulation after the expiry of the relevant data protection period for a procedure in accordance with the Biocidal Products Regulation or in accordance with this Federal Act; shall request authorisation from the Federal Minister for Agriculture, Forestry, the Environment and Water Management to submit the relevant data referred to in Article 64 (2) of the Biocidal Products Regulation for the relevant proceedings.

(2) In order to assert claims arising from efforts on data sharing within the meaning of Articles 62 and 63 of the Biocidal Products Regulation, the ordinary legal path shall be described.

Testing and assessment bodies

§ 8. (1) § § § 50 to 52 ChemG 1996 and the following shall apply to test sites which provide information and documents for applications and in accordance with the test methods and requirements laid down in the Biocidal Products Regulation or this Federal Act. , where the methods and conditions used must meet the requirements laid down in Annex II, point 6, and Annex III, point 6, of the Biocidal Products Regulation (principles of good laboratory practice). Foreign audit evidence is to be assessed according to § 53 ChemG 1996.

(2) Insofar as test bodies, the information and documents for applications in accordance with the Biocidal Products Regulation or this Federal Act, have to comply with the requirements laid down in paragraph 1, because of the nature of the information and documents they produce; these verifiers must comply with the requirements of Art. 8 (5) of the CLP Regulation.

(3) The Federal Minister for Agriculture, Forestry, the Environment, and Water Management may, for the purpose of checking for completeness and for the evaluation of information and documents or parts thereof, concerning applications pursuant to the Biocidal Products Regulation, the Federal Environment Agency (Umweltbundesamt GmbH) within the framework of the German Federal Environmental Control Act (BGBl) pursuant to Section 6 (2) (33) of the I No 152/1998, delegated tasks. Insofar as this is necessary for the timely and complete discharge of the application, the Federal Minister for Agriculture, Forestry, the Environment, and Water Management may also provide other knowledgeable persons and appropriate facilities for the provision of shall be used. In any case, such knowledgeable persons must have a university degree from the fields of Biology, Chemistry, Food and Biotechnology, Medicine, Pharmacy, Technical Chemistry or Veterinary Medicine or a special university education. in the field of toxicology, and have a number of years of relevant professional experience. A condition for the use of an appropriate institution is the permanent employment of at least one person in such a competent person.

(4) Where the Federal Minister for Agriculture, Forestry, the Environment and Water Management establishes an information point within the meaning of Article 81 (2), second subparagraph, of the Biocidal Products Regulation, he shall, in accordance with the principles laid down in To give priority to the provision of the facility for the establishment of the body responsible for the tasks of the national information centre in accordance with Article 124 of Regulation (EC) No 1907/2006 concerning the registration, evaluation, authorisation and restriction of chemical substances. Substances (REACH), to create a European Chemicals Agency, to change the Directive 1999 /45/EC and repealing Council Regulation (EEC) No 793/93, Commission Regulation (EC) No 1488/94, Council Directive 76 /769/EEC and Directives 91 /155/EEC, 93 /67/EEC, 93 /105/EC and 2000 /21/EC of the Commission, 1. No. 1 ('the REACH Regulation 'or' REACH-V ').

Poison information

§ 9. (1) The Vergiftungsinformationszentrale der Gesundheit Österreich GmbH is designated as the body in accordance with Art. 73 of the Biocidal Products Regulation, which receives the relevant information on biocidal products and requests medical content with regard to the indication of preventive and curative measures, in particular in emergencies.

(2) The Vergiftungsinformationszentrale (Vergiftungsinformationszentrale) has the intoxication cases which have become known to it, in which at least the reasonable suspicion exists that they have been caused by a biocidal product, the Federal Minister for Agriculture and Forestry, Environment and water management in writing.

(3) § 54 ChemG 1996 is to be applied in a reasonable way.

Reporting and reporting obligations

§ 10. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to ensure that the information to be transmitted to the European Commission pursuant to Article 65 (3) of the Biocidal Products Regulation is collected and , and shall be forwarded to the European Commission in the manner prescribed. In particular, information on monitoring measures, information on cases of poisoning and occupational diseases, as well as on harmful environmental effects, will be covered by this obligation to provide information to the European Commission. Such data shall also be transmitted if it is provided in accordance with the Data Protection Act 2000, BGBl. I No 165/1999, should be considered as personal data. The Data Protection Act 2000 is to be applied to the collection, processing and transmission of the data to the European Commission.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may be responsible for the collection of the data referred to in this provision and the data referred to in § 3 (2), in § 6 and Section 15 (7) as well as for the exchange of data within the scope of the register. for biocidal products (Art. 71 of the Biocidal Products Regulation) of the automation-assisted data processing and data transmission. The processing and transfer of personal data, including the identity of the notifiers and the taxable persons, shall be permitted in this context only to the extent that the data relating to the enforcement of the biocidal product regulation or the Federal law is necessary or its processing or transmission is expressly arranged in the biocidal product regulation. The Data Protection Act 2000 is to be applied to the collection, processing and transmission of these data.

Fees

§ 11. (1) In particular, when the Federal Minister for Agriculture, Forestry, the Environment and Water Management

1.

in the procedures relating to the authorisation of a biocidal product or a family of biocidal products,

2.

in the procedure for the approval of an active substance in accordance with the Biocidal Products Regulation,

3.

in the procedure for deciding on the carrying out of experiments or experiments for research and development purposes within the meaning of Article 56 of the Biocidal Products Regulation,

4.

in the procedure for authorisation for parallel trade within the meaning of Article 53 of the Regulation on Biocidal Products, or

5.

in the procedure referred to in Article 39 of the Biocidal Products Regulation on the mutual recognition of an authorisation

, the applicant, or the person making use of those administrative activities, shall be entitled, in accordance with a fee tariff regulation, to be adopted by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, Fees payable.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may also, in accordance with the regulation to be adopted in accordance with paragraph 4, raise fees for all acts carried out in the interests of a person concerned. Such fees may also be charged in the form of fees to be paid annually.

(3) Where the fees to be paid also include the property of a company as a small or medium-sized enterprise within the meaning of Article 3 (1) (1) (1). ae of the Biocidal Products Regulation, the fee-paying person shall demonstrate that the conditions for the use of the fees laid down for small or medium-sized enterprises are met.

(4) The fee tariff regulation shall have the level of the fees referred to in paragraphs 1 to 3, taking into account Article 80 of the Biocidal Products Regulation and, in accordance with experience, the average costs incurred, in particular for the investigations, To determine, in cost-covering tariffs, tests, assessments and assessments, authorisations and any entries in the Register of Biocidal Products.

(5) For official activities carried out in the framework of the approval of active substances or in the authorisation of a biocidal product or a biocidal product family or in the context of the authorisation of a biocidal product for parallel trade in accordance with the provisions of the In any case, the fees must be paid in advance.

(6) If fees are not paid without further notice, they shall be required to be informed.

(7) The fees shall be earmarked for the enforcement of the Biocidal Products Regulation and this Federal Law for the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(8) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall, for the first time, carry out an evaluation of the fee calculation for the first time by 1 September 2016 and again in each third following year by 1 September. This evaluation shall examine the socio-economic impact of the fees and shall, in particular, assess whether the rates of the amount, the type and the reason laid down in a regulation referred to in paragraph 4 are appropriate and are required. The Federal Minister for Agriculture, Forestry, Environment and Water Management also has to take account of any suggestions made by the Federal Minister for Economic Affairs, Family and Youth in the evaluation.

Section 3

Classification, labelling, packaging, safety data sheet and regulation

Classification, labelling and packaging as well as safety data sheets

§ 12. (1) The labelling of biocidal products intended to be placed on the market in the territory of the Federal Republic of Germany shall be accompanied by the information provided for in Article 69 of the Biocidal Products Regulation, including the information which may be provided in the In the case of a written warning, the authorisation procedure shall be in the German language.

(2) In so far as the classification, labelling and packaging of biocidal products, in particular with regard to the labelling components (hazard identification) referred to in Article 69 (1) of the Biocidal Products Regulation, do not apply in accordance with the CLP Regulation, , or in accordance with the CLP Regulation, classification, labelling and packaging shall be carried out, in particular with regard to the dangerous properties referred to in § 3 ChemG 1996, in accordance with the ChemG 1996.

(3) For biocidal products that are in accordance with the Biocidal Products Act, BGBl. No 105/2000, approved or registered as well as for biocidal products authorised in accordance with the Biocidal Products Regulation and this Federal Act, shall be the holder of the authorisation or registration for the products referred to in Classification, labelling and packaging required by the Ordinance on Biocidal Products and this Federal Act. If the approval or registration holder has no registered office or establishment in the Federal Republic of Germany, that person with its registered office or branch office in Austria shall be responsible for the provisions of the Biocidal Products Regulation and shall be responsible for the labelling and packaging required by this Federal Act, which shall be the product of the biocidal product in question or caused the shipment to be made available on the market in Austria.

(4) For biocidal products which are referred to in Article 89 (2) of the Biocidal Products Regulation and in accordance with § 2 and 6. Section of this Federal Act may be made available on the market without prior authorisation in the territory of the Federal Republic of Germany, the person placing the biocidal product on the market shall be subject to the provisions of the Biocidal Products Regulation and the Biocidal Products Regulation Federal law required classification, labelling and packaging. If the person who places the respective biocidal product on the market has no registered office or establishment in the Federal territory, anyone who provides the biocidal product on the market shall be responsible for the biocidal product in accordance with the Biocidal Products Regulation and this Regulation Federal law responsible for labelling and packaging.

(5) Safety data sheets for biocidal products intended to be made available on the market in the territory of the Federal Republic of Germany must be in German language and comply with Art. 31 and Annex II of the REACH Regulation and § 25 ChemG 1996.

(6) In the labelling of biocidal products, the active substance of which is a micro-organism, the indication of the risk group in the German language, which is the active substance in accordance with § § 40 (4) and 48 (1) of the Employees ' Protection Act-ASchG, BGBl. No. 450/1994, and the administrative files based on it, and, where appropriate, the symbol (warning sign) for biohazard according to the labelling regulation-KennV, BGBl. II No 101/1997, Annex 1.2..

Labelling of treated articles

§ 13. The labelling of treated articles intended to be placed on the territory of the Federal Republic of Germany shall, where appropriate, be accompanied by the information provided for in Article 58 of the Biocidal Products Regulation, including the information which may be obtained from the The decision on the approval of the active substance can be found in German, and this is in German language, as far as it is concerned with written references. For the labelling of treated articles which are placed on the market in the territory of the Federal Republic of Germany under the Biocidal Products Regulation and this Federal Act, the person who places the treated goods on the market or on the market is responsible for the labelling of treated articles which are placed on the market. Marketing authorisation holder.

Regulation, prohibitions and restrictions

§ 14. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall, in agreement with the Federal Minister for Economic Affairs, Family and Youth, if this is in accordance with the criteria laid down in Article 88 of the Biocidal Product Regulation , with a Regulation, substances which may not be included in biocidal products, or which may be contained only in compliance with certain conditions or restrictions, or prohibitions or restrictions on biocidal products containing certain substances or which: fall under certain product types, or for biocidal products with certain dangerous properties or, when belonging to certain hazard classes. Such a Regulation may also provide for the date at which the active substances and other components of biocidal products or of biocidal products covered by the prohibitions or restrictions shall no longer be produced, placed on the market, provided on the market or used.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to notify the European Commission and the other Member States of the issue of a regulation pursuant to paragraph 1.

(3) As far as it is to be regarded as necessary on the basis of proven interests of national defence in special cases, the Federal Minister for Agriculture, Forestry, Environment and Water Management, after referral to the Federal Minister for Economic Affairs National defence and sport by Regulation Exceptions to the requirements of the Biocidal Products Regulation and this federal law for certain biocidal products to be established. In doing so, it is necessary to take into account relevant comparable provisions in other Member States and to ensure that the exceptions are only set to the extent strictly necessary in order to safeguard the interests of the national defence.

(4) The authorisation of a biocidal product of product type 15 (avicides), 17 (fish control agent) or 20 (products against other vertebrates) of Annex V to the Biocidal Products Regulation is inadmissible. Where the application for authorisation of such biocidal product is rejected in the mutual recognition procedure, that decision shall be taken by the European Commission together with the reasons for the decision referred to in Article 37 (4) of the Biocidal Products Regulation.

(5) Biocidal products referred to in Article 19 (4) (4). (a) or (b) the classification criteria listed in the Biocidal Products Regulation must not be submitted to the general public (consumer).

Section 4:

Monitoring

Monitoring

§ 15. (1) Unless otherwise specified in this Federal Act, the Governor of the State shall be responsible for supervising compliance with the provisions of the Ordinance on Biocidal Products and this Federal Law and the acts based on it, such as in particular: Implementing acts adopted under the Biocidal Products Regulation.

(2) The supervision of the test sites within the meaning of Section 8 (1), which has reported a notification according to § 50 Z 3 ChemG 1996, is the responsibility of the Federal Minister for Agriculture, Forestry, Environment and Water Management. § 52 ChemG 1996 is to be applied.

(3) The Governor of the State shall be responsible for the supervision of professional persons acting as institutions and may also consult or commission appropriate experts. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, by regulation, lay down detailed rules on the professional qualifications of these institutions, in so far as this is necessary in order to ensure that the institutions are able to The necessary qualification levels are appropriate for monitoring tasks.

(4) If this is in the interest of simplicity, rarity or appropriateness of enforcement, the Federal Minister of Agriculture, Forestry, the Environment and Water Management may determine by means of a regulation that for certain areas of Monitoring of individual, specially trained customs bodies in their sphere of action shall be subject to the powers conferred by this Federal Law on the institutions authorized to monitor the supervision of the customs authorities referred to in paragraph 1.

(5) In the light of an appropriate and effective control, the Governor of the State shall, in each case for the following calendar year, have a revision and sampling plan for the monitoring of compliance with the provisions of the Biocidal Products Regulation; and of this Federal Law, in particular with regard to the conditions of admission and the classification, labelling and packaging of biocidal products, and the Federal Minister for Agriculture, Forestry, the Environment and Water Management in writing.

(6) In the case of surveillance measures, there is a reasonable suspicion that the provisions of the Biocidal Products Regulation or this Federal Law have not been complied with and further measures are taken by the Federal Minister for Agriculture, Forestry, the Environment and If water management is necessary, it shall be notified without delay in writing.

(7) The Federal Minister for Agriculture, Forestry, Environment and Water Management has to report to the Federal Minister for Agriculture, Forestry, Environment and Water Management in writing by 31 March of the following year on the monitoring measures carried out during the previous calendar year.

(8) Monitoring is also Regulation (EC) No 765/2008 laying down rules for accreditation and market surveillance relating to the marketing of products, OJ L 327, 31.12.2008, p. No. 30., and where appropriate, to exchange the necessary information with the authorities responsible for the implementation of Regulation (EC) No 765/2008 in the Federal Republic of Germany. § 64a (1) ChemG 1996 is to be applied in a reasonable way.

(9) On military premises, the measures provided for in this section may only be carried out in agreement with the local military commander.

Surveillance powers

§ 16. (1) The institutions of the Landeshauptmann and the Federal Minister for Agriculture, Forestry, the Environment and Water Management, as well as the experts used by them, shall be empowered to take place anywhere, where the Biocidal Products Regulation or this Regulation shall apply. Federal law established biocidal products, active substances or treated articles , be offered or used on the market, to keep up-to-date, and to request oral or written information.

(2) The retrospective shall be carried out, except in the case of danger in default, during normal business or operating hours, and with the assistance of an informed staff member.

(3) Subject to the review of biocidal products, active substances or treated products under customs control, the retrospective may only be carried out at a customs office or on the occasion of a product of the biocidal product, the active substance or the treated product in customs warehouses, free zones or free warehouses, while they are open for customs duties, the retrospective shall be permitted at any time.

(4) In retrospect, it should be taken into consideration that any disturbance or obstruction of the holding which is not strictly necessary is avoided.

(5) The bodies and experts empowered to monitor may inspect manufacturing processes and work equipment, as well as samples of biocidal products, active substances or treated articles to the extent necessary.

(6) The sample taken is, in so far as it is naturally possible, to be divided into two equal parts, which are to be officially closed, and as a result is not the perfect assessment of their proper assessment. The one part shall be examined, the other of the Party shall be withdrawn for evidence purposes.

(7) If a division of the sample taken from its nature is not possible, the sample shall be examined without prior division. If the same units of the biocidal product, of the active substance or of the treated product are still present, one unit must be removed and the unit must be closed.

(8) The sample taken is to be examined as to whether the provisions of the Biocidal Products Regulation and this Federal Law have been complied with with regard to biocidal products, active substances or treated articles. To the extent necessary for the conduct of a proper investigation procedure, competent persons or appropriate institutions shall be employed as experts for the examination of the sample.

(9) At the request of the business or company holder, the Federal Government has to pay compensation in the amount of the entry price for the taken-up sample. The compensation shall not apply if, on the basis of this sample, a particular person has been punished or has been recognized for the decay of the product in question. No compensation shall be paid for any rehearsals or entities that have been left behind by the Party for evidence. The application for compensation may not, at the earliest, after a notification from the Authority, that there is no reason for an objection, after a final administrative prosecution or after the date of limitation of the period of persecution The national governor of the federal state in which the sample has been taken. The Commission shall decide whether and, where appropriate, the amount of compensation to be paid.

(10) The business or holder of the business or its authorised representative shall be obliged to inspect the organs and experts authorized pursuant to § 15 for supervision in accordance with the Biocidal Products Regulation or in accordance with this Federal Act. of the records leading to it. They have to tolerate the monitoring measures, provide the necessary assistance and provide all necessary information for the purpose of monitoring.

(11) In the event that the business or company owner or his authorised representative is refusing to accept the surveillance measures provided for in this Federal Act, they may be forced to do so. In doing so, the bodies of the public security service shall have the authorities and bodies competent under this federal law to ensure the exercise of the powers of control in the SPG, BGBl, Security Policy Act, which is the subject of the law. No 566/1991, to provide assistance.

(12) The costs of the surveillance measures shall be borne by the Governor of the State of the State in order to be informed of the fact that the provisions of the Biocidal Products Regulation or of the Biocidal Products Regulation have been legally established in a criminal proceedings. Federal law has not been complied with. The ongoing personnel costs are not to be included in the cost of monitoring measures.

Provisional seizure

§ 17. (1) The monitoring bodies may, in accordance with the protection objectives of the Biocidal Products Regulation, be entitled to biocidal products, active substances and treated articles subject to the provisions of the Biocidal Products Regulation or to this Federal Law, if appropriate including its components and packaging (hereinafter referred to as "objects"), provisionally seized if there are reasonable grounds for suspecting that:

1.

, contrary to the conditions laid down in Article 2 (1), are offered or used on the market,

2.

offered or used on the market, contrary to a prohibition or restriction pursuant to § 14,

3.

be offered or made available on the market in the form of a composition, classification, labelling or packaging, which poses a significant risk to the health of humans or animals or to the environment, contrary to a letter of admission. may have the effect of

4.

provided that an authorisation is not required, contrary to the provisions relating to classification, labelling and packaging, offered or made available on the market in such a way as to pose a significant risk to the the health of humans or animals or the environment, or

5.

be offered or made available on the market, contrary to the conditions, restrictions or conditions laid down in the course of a procedure, which pose a significant risk to the health of humans or animals or to the environment can lead to.

(2) If there are reasonable grounds for suspecting that objects subject to the Biocidal Products Regulation or this Federal Act, apart from the cases referred to in paragraph 1 above, are contrary to the provisions of the Biocidal Products Regulation or to this Federal Act, the monitoring body shall then provisionally seize the items concerned if this is due to an apparent danger to the life or health of humans, animals or the environment, which are likely to be caused by the supply or use of the Objects may appear to be essential.

(3) If, apart from the cases referred to in paragraphs 1 and 2, there is a reasonable suspicion, in the circumstances of the individual case, that articles subject to the Biocidal Products Regulation or this Federal Act are subject to the provisions of the the supervisory body shall inform the person entitled to dispose of the suspicions of the biocidal product regulation or this federal law and shall not be offered a provisional seizure, and shall, where appropriate, request that the in the event of a reasonable period of time to establish the lawful condition. If the legitimate condition is not produced against a request by the monitoring body, it shall not be allowed to check the refund of an advertisement.

(4) The surveillance authorities shall immediately notify the provincial governor of the federal state in which the provisional seizure has been made. The provisional seizure shall come out of force if the Governor of the Land does not notify the seizure of the seizure in accordance with § 18 within two weeks after the date of receipt of this notice.

(5) In the case of the provisional seizure, the supervisory body shall issue to the person entitled to dispose of the goods a certificate stating the place of storage and the nature and quantity of the objects seized. This certificate shall also draw attention to the criminal-law consequences of the shipment or alteration of the objects seized and the breach of the official seal.

(6) The right of disposal of the goods provisionally seized pursuant to para. 1 or 2 shall be entitled to the Governor of the State. The items provisionally confiscated shall be left in operation. This does not apply if proper storage is not guaranteed or if there is a risk of misuse if the goods are to be used. Belated items shall be closed or marked in such a way as to ensure that their modification is not possible without a breach of the packaging or the marking.

(7) The maintenance of the objects in operation before damage is the responsibility of the person entitled to dispose of the goods. Where special measures are required for this purpose, the competent authority shall be notified of the competent authority beforehand, unless there is a risk of default. The measures shall be carried out in the presence of a monitoring body. The institution shall include a record of the operation in which the measures taken, the possible removal of a service seal and its new affixing shall be recorded.

(8) If the provisionally seized items cannot be left in the holding, the person entitled to dispose of the goods has to bear the transport and storage costs incurred by the authority. The liability for expenses shall be decided on the basis of the principle and the amount according to the Landeshauptmann.

(9) During the provisional seizure, samples of the items may only be taken on behalf of the competent authority.

(10) § 16 (11) is to be applied for the enforced enforcement of a provisional seizure.

(11) When reference is made to the Biocidal Products Regulation in this provision, Regulation (EU) No 528/2012 on the making available on the market and the use of biocidal products, OJ L 327, 22.11.2012, p. No. OJ L 167 of 27.06.2012 p. 1, which is in force at the date of entry into force of this Federal Act.

Seizure

§ 18. (1) The Landeshauptmann has the seizure of the protection objectives of the Biocidal Products Ordinance for objects subject to the Biocidal Products Regulation or this Federal Act, with the acceptance of the

1.

in the event of the conditions laid down in Article 17 (1) (1) to (5) or (2), within two weeks after the notification of a provisional seizure pursuant to paragraph 1 by the monitoring bodies, as well as

2.

in the case of the existence of the conditions pursuant to § 17 (1) (1) to (5) or (2) within two weeks after the notification of a provisional seizure pursuant to § 29 (3) of the German Customs Law implementing law, Federal Law Gazette (BGBl). No 659/1994, by the customs authorities

shall be available.

(2) The seizure shall be lifted immediately by the Landeshauptmann as soon as the conditions pursuant to § 17 (1) (1) to (5) or (2) are no longer available.

(3) § 17 (5) to (9) and (11) shall apply mutaly to the seizure of the seizure.

Verfall

§ 19. (1) The Landeshauptmann shall declare the goods seized by him in accordance with § 18 as a precautionary measure to expire if the person concerned does not ensure by means of demonstrable measures that after release of the articles the regulations of the Biocidal Products Regulation and of this Federal Law.

(2) The decay shall not be pronounced if the value of the objects is disproportionate to the meaning of the act or to the accusation of the offender and, with the release of the objects, there is no danger to the health of humans or Animals or for the environment.

(3) The objects to be decained are to be used in the best possible way or, if this is not possible, to be used as waste by the former owner as waste in an environmentally friendly way or to eliminate it. After deduction of the costs of transport, storage and recovery, the proceeds resulting from the utilization of the proceeds shall be followed by the former owner of the items.

Provisional coercion and security measures

§ 20. (1) In cases of imminent danger to human or animal health or to the environment caused by biocidal products, active substances or treated articles, the competent authority responsible for the monitoring shall have such a degree of risk as to the extent to which the risk is likely to be of the risk to be given the measures necessary for the maintenance or disposal of the endangering. Such measures, in particular the obligation to withdraw biocidal products already placed on the market, active substances or treated goods, or the publication of recalls, may also be arranged if the classification, Labelling and packaging of biocidal products, active substances or treated articles contrary to the provisions of the Ordinance on Biocidal Products or to this Federal Law in such a way as to provide a significant underestimation of the hazard , or if the appropriate marking is missing.

(2) In cases of imminent danger, the monitoring bodies or the district administrative authority may also take such measures on the spot without a prior procedure and prior to the release of a date; the The district managing authority shall immediately notify the Regional Governor of any measures it has taken. The measures taken shall be subject to a written notice by the Regional Governor within two weeks, and the measures shall be deemed to have been repealed.

(3) The file referred to in paragraph 1 shall be enforceable immediately. If they are not short-term, they shall not be effective at the end of six months from the date of their legal force.

(4) If the conditions for the release of a decision pursuant to paragraph 1 are no longer available and it is to be expected that the person affected by the decision will comply with the provisions of the Biocidal Products Regulation and this Federal Law in the future, the Governor of the State shall, at his request, withdraw the measures taken in response to the communication.

Section 5

Criminal provisions

§ 21. (1) Who

1.

a biocidal product which is subject to an authorisation requirement, contrary to Article 17 (1) of the Biocidal Products Regulation or contrary to Article 2 (1) without appropriate authorisation, placed on the market or provides otherwise on the market,

2.

it does not, as the holder of an authorisation of a biocidal product family, in accordance with Article 17 (6) of the Biocidal Products Regulation, refrain from any product of the biocidal product family for which there is a reporting obligation, within the time limit laid down and including the to provide the necessary information;

3.

a biocidal product subject to the obligation to authorise parallel trade in accordance with Article 53 of the Biocidal Products Regulation, contrary to Article 53 of the Biocidal Products Regulation or contrary to Article 2 (1), without the relevant authorisation or in breach of the provisions of Article 53 of the Biocidal Products Regulation, without the authorisation of the biocidal product. offers, places on the market or provides otherwise on the market,

4.

an authorised biocidal product, contrary to the notification of authorisation, with a composition other than that established by the authorities, with a marking or packaging deviating from the labelling or packaging fixed, or contrary to a offer, place on the market or provide otherwise in the market,

5.

a biocidal product, contrary to a prohibition or restriction in accordance with § 14 or contrary to a measure adopted pursuant to Article 14 (1), offers, places on the market or otherwise provides or uses on the market,

6.

shall be contrary to the obligations laid down in Article 16 (10);

7.

an experiment or an experiment for research and development purposes in which an unauthorised biocidal product or an unauthorised active substance intended solely for use in a biocidal product is used, contrary to Art. 56 the Biocidal Products Regulation or, contrary to Article 4 (3), without waiting for the time limit laid down in Article 56 (2) of the Biocidal Products Regulation, without the guidance of the relevant records, without the refund of the relevant notification, without authorisation, contrary to or contrary to the conditions laid down in the authorisation the conditions and conditions,

8.

offers a biocidal product contrary to section 2 (1) or (3), places it on the market or provides otherwise on the market containing an old active substance which, in accordance with Article 89 of the Biocidal Products Regulation, does not include in the active substance/product type combination concerned or is no longer admissible,

9.

the holder of an authorisation for a biocidal product violates the notification requirement laid down in Article 47 (1) of the Biocidal Product Regulation,

10.

a treated article contrary to Article 58 (3) to (4) and (6) of the Biocidal Products Regulation, or contrary to Article 2 (3) or (13), without the necessary marking or with a marking which meets the requirements of the above-mentioned provisions of Biocidal Products Regulation or this Federal Act does not comply with, offers, places on the market or otherwise provides on the market,

11.

a treated article, contrary to Article 58 (2) of the Biocidal Products Regulation or contrary to Article 2 (3), without complying with the requirements laid down in the Biocidal Products Regulation for the active substances in the biocidal products with which the treated product is treated or which is contained in the treated product, offers, places on the market or provides otherwise on the market,

12.

a consumer, contrary to Article 58 (5) of the Biocidal Products Regulation, does not provide the explicitly requested information about the biocidal treatment of a treated article, not in time or not free of charge,

13.

as a manufacturer of a biocidal product, in breach of the documentation requirements laid down in Article 65 (2) of the Biocidal Products Regulation or the obligation to keep samples of the manufacturing batches,

14.

is in breach of the obligations laid down in Article 68 (1) of the Biocidal Products Regulation in relation to the retention and provision of records,

15.

a biocidal product, contrary to Article 69 of the Biocidal Products Regulation or contrary to § 12, without the necessary marking or packaging, or with a marking or packaging which does not comply with the requirements of the said provisions; offers, places on the market, or provides otherwise on the market,

16.

a biocidal product, contrary to Article 70 of the Biocidal Products Regulation or contrary to Article 12 (5), without the required supply of a safety data sheet or with a safety data sheet which does not meet the requirements of those provisions, or the other obligations laid down in the safety data sheet shall not be complied with,

17.

(i) advertising a biocidal product which does not comply with Article 72 of the Biocidal Products Regulation, by not making clear the wording of Article 72 (1) and (2) of the Biocidal Products Regulation, not in full, not in German, is not easily readable or not audibly audible,

18.

advertising a biocidal product which, contrary to Article 72 (3) of the Biocidal Products Regulation, is misleading with regard to the risks of the biocidal product or contains expressions which are inadmissible pursuant to Article 72 (3) of the Biocidal Products Regulation,

19.

a biocidal product, contrary to Article 95 (3) of the Biocidal Products Regulation, provides, places it on the market or otherwise provides it on the market; or

20.

a biocidal product containing an old active substance which is not included in Annex II to Regulation (EC) No 1451/2007 concerning the second phase of the 10-year work programme referred to in Article 16 (2) of Directive 98 /8/EC of the European Parliament and of the Council on the placing on the market of biocidal products, No. OJ L 325, 11.12.2007, p. 3, which provides, offers, places on the market, or otherwise provides on the market,

if the offence does not constitute the offence of a criminal offence within the jurisdiction of the ordinary courts, an administrative surrender and a fine of at least 500 euro up to 20 180 euro, in the event of a repetition of the offence up to 40 360,-to punish the euro. The trial is punishable.

(2) Those who are contrary to the Ordinance on Biocidal Products or to this Federal Act, the regulations, acts or other orders adopted pursuant to this Federal Act, shall be responsible if the action does not constitute a matter within the competence of the It is a criminal offence which is punishable by ordinary courts, and is not punishable by paragraph 1, administrative transgressing and is punishable by a fine of up to EUR 5 090, in the event of a repetition of up to 10 180 euro. The trial is punishable.

(3) Where the act referred to in paragraph 1 or 2 has been committed by the introduction of a biocidal product, active substance or a treated article to Austria, the place of origin or establishment of the national responsible shall be deemed to be the place of crime and shall be deemed to be the place of crime. A shipment has been caused or the biocidal product, the active substance or the treated product has been obtained.

(4) Where reference is made in paragraphs 1 and 2 to the Biocidal Products Regulation, Regulation (EU) No 528/2012 on the making available on the market and the use of biocidal products, OJ L 327, 27.10.2012, p. No. OJ L 167 of 27.06.2012 p. 1, which is in force at the date of entry into force of this Federal Act. With the reference to Regulation (EC) No 1451/2007 concerning the second phase of the 10-year work programme referred to in Article 16 (2) of Directive 98 /8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market, OJ L 327, 30.11.2007, p. No. 3., paragraph 1 (1) (20), refers to the version of the Regulation in force on the date of entry into force of this Federal Act.

Responsibility

§ 22. (1) Unless otherwise provided in this Federal Act, the responsibility for compliance with the provisions of this Federal Act and the administrative acts based thereon, as well as the relevant regulations of the European Union, shall be governed by the following provisions: Union under the 1991 Administrative Code Act-VStG, BGBl. No 52/1991.

(2) If a responsible officer is appointed within the meaning of Section 9 (2) or (3) of the VStG, his appointment shall be the Governor of the country in which the person responsible for the assignment or the registered personal community has its registered office and/or its registered office. Establishment shall be notified in writing. The approval of the responsible officer must also be documented and the main residence of the responsible person must be given. The order will only become effective upon receipt of this notice from the Landeshauptmann. Your receipt shall be confirmed by the Governor of the State on request in writing.

6.

Transitional and final provisions

Applicability of the provisions of other legislation

§ 23. (1) The references to other federal laws contained in this Federal Act are to be understood as references to the respectively applicable version, unless expressly referred to a specific version.

(2) Where reference is made in this Federal Act to other provisions other than federal laws, those references shall be understood as references to the text which was in effect upon the entry into force of this Federal Act, unless expressly stated a specific version is referred to.

(3) In the case of references to the provisions of the European Union directly applicable to biocidal products, active substances or treated articles, the version to which it applies shall be applicable, unless it is limited to a specific version. have been made.

Linguistic equality

§ 24. In so far as the names used in this Federal Act refer to natural persons, the chosen form shall apply to both sexes. The use of these designations for certain natural persons shall be based on the gender-specific form.

Entry into force, repeal of legislation and transitional provisions

§ 25. (1) With the exception of § 1 (5) Z 1 lit. b and Z 2 lit. h this federal law enters into force with 1 September 2013. At the same time, the Biozid Products Act, BGBl. No 105/2000, and the Regulation on the Prohibition of the Use of Substances in Pesticides, BGBl, which is in force in accordance with Article 46 (6) of the Biocidal Products Act as a federal law. No. 652/1993, except for force. § 1 (5) Z 1 lit. b and Z 2 lit. h shall enter into force on 1 June 2015.

(2) The fee tariff regulations issued pursuant to section 41 of the Biocidal Products Act shall be deemed to be regulations in accordance with § 11 of this Federal Law for the Predepreciation of Fees in Admission Procedure pursuant to this Federal Act and in Procedures for Authorisation of active substances in accordance with the Biocidal Products Regulation and this Federal Act, subject to the proviso that the relevant substantive activities of the biocidal products and the approval procedures for active substances shall be applied in accordance with the authorisation procedure for biocidal products and in the authorisation procedure for active substances. Appropriate tariff items shall be used.

(3) The Biocides-G-Old-Life-Substance Ordinance, BGBl. II No. 353/2008, is to be applied as a regulation in accordance with § 2 para. 2 of this Federal Act.

(4) On the date of the entry into force of this Federal Law at the Federal Minister for Agriculture, Forestry, Environment and Water Management pending proceedings pursuant to § § 21 and 22 of the Biocidal Products Act are subject to the conditions laid down in Article 90 (2) of the Biocidal product regulation in accordance with the Biocidal Products Regulation and this Federal Act.

(5) Admission and registration procedures in accordance with the Biocidal Products Act, which are pending at the time of the entry into force of this Federal Law at the Federal Minister for Agriculture, Forestry, Environment and Water Management, shall be subject to the following conditions: Provisions of the Biocidal Products Act and taking into account Article 91 of the Biocidal Products Regulation.

(6) Authorisations and registrations granted in accordance with the Biocidal Products Act shall continue to apply after the entry into force of this Federal Act. As of 1 September 2013, the provisions of the Biocidal Products Ordinance and this Federal Act shall apply to such authorisations and registrations.

(7) packs of biocidal products which, with regard to the labelling particulars referred to in Article 69 (1) of the Biocidal Products Regulation (hazard identification), do not have to be labelled in accordance with the CLP Regulation, but must be labelled as: Consideration of the hazardous properties according to § 3 ChemG 1996 are marked, if this does not contradiction the respective approval or registration decision, may be made available in the Federal territory on the market until 1 June 2015 . Packs of biocidal products with such a hazard marking on the market on the market on the territory of the Federal Republic of Germany on 1 June 2015 may still be sold off until 1 June 2017.

Enforcement

§ 26. (1) Unless otherwise specified below, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be responsible for the enforcement of the Biocidal Products Regulation and this Federal Law.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the agreement with the Federal Minister for Economic Affairs, Family and Youth to establish regulations in accordance with Section 14 (1) of the Regulations.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the agreement with the Federal Minister for Finance to establish the regulations pursuant to § 15 (4) of the German Federal Ministry for Economic Affairs and the Environment.

Fischer

Faymann