Environmental Law Adaptation Act 2013

Original Language Title: Umweltrechtsanpassungsgesetz 2013

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98. Federal Act with the Environmental Promotion Act, the Emissions Certificate Act 2011, the Water Construction Promotion Act 1985, the Environmental Management Act and the Water Rights Act 1959 (Environmental Law Adaptation Act 2013)

The National Council has decided:

Article 1

Amendment of the Environmental Promotion Act

The Environmental Promotion Act (UFG), BGBl. No. 185/1993, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. In § 1 Z 3, the quote shall be deleted. "§ 23 (2) and (2)" .

2. § 6 (1) (2), (6) (1a) (2), § 6 (2) (2), first sentence, and § 27a, the term of the word shall not be taken into account. "and the promotion of environmental protection abroad" .

3. In § 6 para. 2 Z 5 the word order shall be "a maximum of 355 million euros" through the phrase "a maximum of 400 million euros" replaced.

4. In § 6 (2) the word "and" at the end of the Z 4 by a dash and the dash at the end of the Z 5 by the word "and" and the following Z 6 shall be added:

" 6.

in 2014 a cash value of a total of 100 million euros "

5. § 6 para. 2 third sentence reads:

" By the end of 2014, funds committed or committed, but not eligible for funding, may be re-committed or forgiven, provided that they are made up of 1. Jänner 2011 will be released. "

6. § 6 (2a) second sentence reads as follows:

" By the end of 2014, funds committed or committed, but not eligible for funding, may be re-committed or forgiven, provided that they are made up of 1. Jänner 2011 will be released. "

7. In § 6 para. 2f, the phrase in the first sentence shall be: "a total of EUR 90.238 million in cash in the years 2009 to 2013" through the phrase "the total value of a total of 90,238 million euro in the years 2009 to 2020" replaced.

8. In § 6 para. 2f the following sentence shall be inserted after the first sentence:

"Subsidies which have been promised or which have not been used, but which have not been accepted, may be renewed or awarded."

9. In § 6 para. 2f the quote becomes "2014" by quoting "2016" replaced.

10. In § 7 Z 2, in the heading to the 3. Section, in parenthesis in § 28 as well as in § 49 Z 1 lit. b removes the word sequence "and environmental promotion abroad" .

11. § 12 (6) reads:

"(6) In the event of a refusal, the sponsoring agent shall be notified by the settlement body, stating the reasons for the decision, provided that the recipient requires this in writing within the framework of the agreement referred to in paragraph 2."

12. In § 13, paragraph 4 is deleted.

13. In § 13 sec. 5 Z 1 and § 49 Z 1 lit. a eliminates the quote "and 4" .

14. In § 13 paragraph 5 Z 2 lit. a shall not be followed by the word order "and the promotion of environmental protection abroad" .

15. In § 23, the sales designation shall be deleted "(1)" .

16. In § 23, paragraph 2 is deleted.

17. In § 24 Z 2 shall be referred to lit. d the following lit. e is added:

" e)

to avoid or reduce the environmental impact by increasing resource efficiency; "

18. § 24 Z 3 reads:

" 3.

Eco-investments, these are installations according to Z 1 and 2, which are particularly suitable for reducing the environmental impact (pilot plants) by using advanced technologies (state of the art). "

19. § 24 Z 5 reads:

" 5.

intangible benefits, such as planning and project benefits, advisory services and environmental studies, which are necessary in connection with the measures referred to in Z 1 to 3 or which are in connection with these measures and within the framework of of regional programmes. "

20. In § 24, the Z 6 is deleted.

21. In § 25, the fourth paragraph is deleted.

22. In § 26, paragraph 3 is deleted.

23. In § 27, the word sequence shall be deleted "in the case of § 24 Z 6 as well as" .

24. In § 31 (2) (2), the following shall be added after the word "Pre-benefits" by the word "and" replaced, and the word sequence is deleted "as well as for parts of the measure which were produced after the request was made" .

Article 2

Amendment of the Emissions Trading Act 2011

The Emissions Trading Act 2011, BGBl. I n ° 118, shall be amended as follows:

1. § 26 (3) reads:

" (3) Plant holders shall receive the emission certificates as long as the operation of the plant is maintained. No free emission allowances shall be issued for decommissioned installations in accordance with § 27. The Federal Minister for Agriculture, Forestry, Environment and Water Management issues the allocation of emission allowances from the year following the year of decommissioning. In the event of an adjustment of the allocation in accordance with § 24 (5) (1) and (2), asset holders shall receive the emission certificates in the extent of the adjusted allocation. If, on the basis of a non-timely notification in accordance with Section 24 (6), an adjustment of the allocation notice could not be made before 28 February of that year from which the adjustment has to be made, the adjusted allocation shall be subject to the following conditions: any additional emission allowances which have been booked to the account of the facility shall be returned by the holder of the plant within four weeks from the date of the adjustment of the notification of dispatch. If the return does not take place on time, § 53 shall apply mutatily. "

2. § 29 reads:

" § 29. In the first and second trading periods according to § 28, the number of emission allowances allocated to the Republic of Austria pursuant to Article 3d (3) of Directive 2003 /87/EC as well as the implementing rules of the European Union shall be the number of emission allowances allocated to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in accordance with Commission Regulation (EU) No 1031/2010 on the timing and administrative procedures and other aspects of the auctioning of Greenhouse gas emission allowances under Directive 2003 /87/EC, OJ L 73, 27.3.2003, p. No. L 302 p. 1. Auctioning shall take place via an auction platform ordered in accordance with Chapter VII of Regulation (EU) No 1031/2010. In accordance with Art. 22 of Regulation (EU) No 1031/2010, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister of Finance, has to appoint a suitable position as auctioneer. The revenues from auctioning are to be paid to the federal government. "

3. In § 30 (4), second sentence, after the word order "any aircraft operator" the phrase "carrying out an aviation activity in accordance with Annex 2," inserted.

4. § 37 Z 1 reads:

" 1.

Certified emission reductions and emission reduction units for emission reductions until 31 December 2012, provided that the conversion of these credits into emission allowances is requested in the register by 31 March 2015 at the latest, "

5. In § 38 (1) the word sequence shall be deleted. "pursuant to § 17 (3)" .

6. § 38 (2) reads:

" (2) New entrants for trading periods as of 2013, new entrants in the period from 2008 to 2012, as well as existing investments in accordance with § 3 Z 5 lit. b, each of which neither free allocation nor entitlement to use of certified Emission reductions and emission reduction units in the period from 2008 to 2012 can be used for the period from 2013 to 2020 in accordance with § 37 up to a level of 4.5% of their verified emissions. "

7. § 40 deleted.

8. § 43 (1) reads:

" (1) The Federal Minister for Agriculture, Forestry, Environment and Water Management has to use the Union Registry to ensure the accurate accounting of the award, possession, transfer and cancellation of emission allowances. It has, in accordance with an appropriate procedure, carried out in agreement with the Federal Minister for Economic Affairs, Family and Youth and the Federal Minister for Finance, with a Regulation implementing the work carried out in the Union Register. Register office, which also performs the function according to § 47 UFG. "

9. § 43 (2) reads:

"(2) The owner of the plant and the aircraft operators shall comply with the reporting requirements in accordance with a Regulation of the European Commission under Article 19 of Directive 2003 /87/EC."

10. In § 50, the phrase "according to § § 4, 6, 24, 25, 30 and 31" replaced by the phrase "pursuant to § § 2 para. 9, 4, 6, 24, 25, 30 and 31" .

11. § 52 (1) (2) and (3) are:

" 2.

with a fine of up to 7 000 euros, who does not monitor the emissions of a facility approved in accordance with § 4 and the charges pursuant to § § 4 and 6, does not report them on time (§ 9) or does not submit a certificate from an independent auditor (§ § 9). 10) and who does not monitor the emissions of an aviation activity according to § 8, does not submit the monitoring concept in accordance with § 8 (2) on time, does not report the emissions of the aviation activity on time (§ 9) or no attestation of a an independent auditor (§ 10) and who does not receive a notification pursuant to § 24 (6) is reimbursed on time;

3.

with a fine of up to EUR 5 000, who does not report a notification in accordance with section 6 (1) and (2) on time; "

(12) The following paragraph 3 is added to § 52:

" (3) In the event of a breach of the reporting obligations referred to in paragraph 1 (2) and (3) in accordance with § § 6 (1), (9) and (6) (6), the competent authority may, in the event of the conditions laid down in § 47 of the Administrative Code Act 1991, be entitled to BGBl. No 52, as amended, issued a penal order. "

13. In accordance with § 53, the following § 53a with title is inserted:

" Temporary exemptions

§ 53a. The Federal Minister for Agriculture, Forestry, the Environment and Water Management can, on the basis of legal requirements of the European Union by means of a regulation, grant temporary derogations from individual provisions of § § 52 and 53 for aircraft operators in With regard to certain air transport activities. "

(14) The following paragraph (3a) is added to § 59:

" (3a) § § 26 (3), 29, 30 (4), 37 (Z) 1, 38 (1) and (2), 43 (1) and (2), 50, 52 (1) (2) and (3) and (3) and (§ 53a) and the German Federal Law Gazette (BGBl) as amended. I n ° 98/2013 shall enter into force on the expiry of the day of the event; at the same time, § 40 shall expire. "

Article 3

Amendment of the Water Construction Promotion Act 1985

Federal law on the promotion of water construction from federal funds (Wasserbautenförderungsgesetz 1985-WBFG) BGBl. No. 148/1985, as last amended by the Federal Law BGBl. I n ° 82/2003, shall be amended as follows:

1. § 3 shall be added to the following § 3a to § 3c together with the headings:

" Entruing a settlement body

§ 3a. (1) With the handling of funding opportunities for measures under this federal law, provided that these are not measures,

1.

with the implementation of which the Federal Minister for Transport, Innovation and Technology is entrusted with the enforcement of this federal law,

2.

that belong to the Wildbach and avalanche protection (in particular § 9, § 25 (1) and (3) and § 28 (4)) or which are in catchment areas according to § 99 Forstgesetz 1975, BGBl. No 440, as amended, or

3.

to which the provisions of the Environmental Promotion Act (UFG), BGBl. No 185/1993, as amended,

the Federal Minister for Agriculture, Forestry, the Environment and Water Management can entrust a suitable position (resolution point) with the Regulation. The regulation, which is used to transfer the concerns of the Federal Water Construction Administration to the Governor of the State, BGBl. No 280/1969, remains unaffected. The Federal Minister for Agriculture, Forestry, Environment and Water Management is authorized to conclude a contract for the content of the settlement with the settlement office.

(2) The Treaty shall, in particular, regulate:

1.

the preparation and examination of the requests for funding pursuant to § 3a (1) and the guidelines pursuant to § 3 on the basis of the audit reports of the countries;

2.

the forwarding of the processed requests for funding to the Commission in accordance with § 3b for the advice of the Federal Minister for Agriculture, Forestry, Environment and Water Management with regard to the funding decision;

3.

the Federal Minister of Agriculture, Forestry, the Environment and Water Management, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the accounting and the payment of the funding, the monitoring of compliance with the the eligibility conditions and the possible recovery of aid granted;

4.

the annual presentation of a audited financial statement to the Federal Minister for Agriculture, Forestry, Environment and Water Management by 1 May of the following year at the latest;

5.

the presentation of an economic plan for the following year to the end of the financial year to the Federal Minister for Agriculture, Forestry, Environment and Water Management;

6.

the submission of activity reports to the Federal Minister for Agriculture, Forestry, the Environment and Water Management;

7.

Rights of view, sanctions, contractual resolution reasons;

8.

the place of jurisdiction.

(3) An appropriate fee shall be fixed for the purpose of carrying out the promotion.

(4) The settlement body shall have an ongoing monitoring (volumes of current projects, commitments, disbursements, payment plan for the remaining payments, financial preview, etc.) . This will present the projects already under way and the intended projects which will lead to future burdens.

(5) The transactions shall be carried out with the care of an entrepreate. A separate accounting system must be carried out for the purpose of carrying out the promotion.

(6) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall at all times be granted access to the funding requests and to the documents relating to the handling of such requests.

(7) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall provide the resolution body with information on requests for funding and the handling thereof, and shall submit appropriate reports upon request.

(8) The settlement body shall be subject to control by the Court of Auditors and the Public Prosecutor's Office in respect of its activities under this Act.

Use of the Commission in matters of water management

§ 3b. (1) The Commission, established in accordance with § 7 Z 1 UFG in matters relating to water management, is to advise the Federal Minister for Agriculture, Forestry, Environment and Water Management in the case of decisions in support matters for measures according to § 3a shall be used. It shall be dealt with in these matters, in particular prior to the decision on request for support and in the preparation of directives pursuant to § 3.

(2) The recommendations of the Commission for the decision on the application of paragraph 1 are to be given under the provisions of this federal law, the directives according to § 3 and the financial cover.

(3) No compensation shall be paid for the activities of the Commissioners referred to in paragraphs 1 and 2.

Evaluation Report

§ 3c. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has at regular intervals the success and efficiency of the funding opportunities in accordance with § 3a with regard to their protective effect as well as in ecological and economic terms. however, at the latest, every three years at the latest, to examine and evaluate and bring to the attention of the Federal Chancellor, the Federal Minister of Finance and the National Council. "

§ 34 and headline is:

" Enforcement

§ 34. With the enforcement of this federal law,

1.

Section 16 (4) and section 24 of the Federal Minister of Justice,

2.

§ 30 of the Federal Government,

3.

Section 32 of the Federal Minister of Justice, in agreement with the Federal Minister of Finance,

4.

the construction and maintenance of water structures on the Danube, the March and the Thaya from the state border at Bernhardsthal to the opening into the March as well as on the Enns river-km 2.7 to the mouth of the Danube and the Traun River-km 1.8 to the mouth of the Danube as well as § § 1 to 4, § 25 (7) and (8) and § 26 (5) to (7), insofar as a grant is provided in accordance with § 7, the Federal Minister for Transport, Innovation and Technology,

5.

of all other matters of the Federal Minister for Agriculture, Forestry, the Environment and Water Management

"

3. § 35 shall be preceded by the following heading:

"Entry into force and transitional provisions"

4. The following paragraphs 4 and 5 are added to § 35:

" (4) § § 3a to 3c together with headlines, § 34 with headline, the title of § 35, § 35 (5) and § 36, together with the title in the version of the Federal Law BGBl. I n ° 98/2013 will enter into force with the end of the day of the event.

(5) At the time of the entry into force of the Regulation in accordance with § 3a pending funding cases, the entrusted settlement body shall continue on the basis of the contract in accordance with § 3a. "

5. In accordance with § 35, the following § 36 and title shall be added:

" Gender-neutral designations

§ 36. The functional designations used in this federal law are to be understood as gender-neutral. "

Article 4

Amendment of the Environmental Management Act

The Environmental Management Act (UMG) BGBl. I n ° 96/2001, as amended by the Federal Law BGBl. I n ° 99/2004, shall be amended as follows:

1. § 1 reads:

" § 1. The aim of this federal law is to issue accompanying provisions for Regulation (EC) No 1221/2009 on the voluntary participation of organisations in a Community eco-management and audit scheme and for the repeal of the Regulation (EC) No 761/2001, as well as Commission Decisions 2001 /681/EC and 2006 /193/EC ('the EMAS Regulation ') , OJ No. OJ L 342, 22.12.2009 p. 1.

2. In Section 1a (1) Z 2, the quote shall be: " Art. 4 " by quoting " Art. 28 (2) " replaced.

Article 1a (6) reads as follows:

" (6) Sectors are the levels of activity on the basis of Regulation (EC) No 1893/2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain regulations of the EC on certain areas of statistics, OJ C 327, 28.4. No. OJ L 393, 30.12.2006 p. 1.

4. § 1a (8) reads:

"(8) Specialist studies shall include the general professional qualification and the sectoral knowledge within the meaning of Article 20 of the EMAS Regulation."

5. In Section 1a (10), the word order shall be the last sentence. "of Annex 4" through the phrase " Annex 6 of the 1994 Commercial Code, BGBl. No. 194/1994, as last amended by the Federal Law BGBl. I No 85/2012, " replaced.

6. In § 2 para. 3 Z 2 the word order shall be " pursuant to § 4 (1) or § 16 (1) of the Engineering Act 1990, Federal Law Gazette (BGBl). No. 461 " through the phrase " according to § 2 of the Engineering Act 2006-IngG 2006, BGBl. I No 120/2006 " replaced.

7. In § 2 para. 4 Z 2 lit. b becomes after the word "EMAS Regulation" the word "or" by "and" replaced.

8. § 2 para. 5 Z 1 reads:

" 1.

An independent activity as an engineering consultant according to § 1 paragraph 2 Z 2 of the Civil Engineering Act 1993 (ZTG), BGBl. No 156/1994, or as a civil engineer within the meaning of Section 40 (2) of the ZTG, as an economic trustee pursuant to Article 1 (1) (1) (1) (1) (1) and (3) of the Economic Scatter Trade Act (WTBG), BGBl. No 58/1999, or as an attorney in accordance with Section 1 of the Law on Lawyers-RAO, RGBl. No. 96/1868; "

9. In § 2 para. 5 Z 3 lit. e will be the phrase " § 7 para. 4 lit. b of the Radiation Protection Act, BGBl. No 227/1969 " through the phrase " § 2 para. 43 of the Radiation Protection Act, BGBl. I n ° 137/2004, as last amended by the Federal Law BGBl. I No 35/2012 " replaced.

10. In § 2 para. 5 Z 3 the lit. g. The lit. h is given the name "g)" .

11. In § 2 para. 5 Z 3 lit. g becomes the word sequence " § 25 Deponieverordnung, BGBl. No. 164/1996 through the phrase " § 35 Deponieverordnung 2008, BGBl. II n ° 39/2008, as amended by the BGBl Regulation. II No 455/2011 replaced.

Section 3 (1) Z 3 reads as follows:

" 3.

Appropriate training in the specialist areas

a)

Methodologies of environmental audit within the meaning of Art. 20 (2) lit. h of the EMAS Regulation,

b)

Management information and procedures within the meaning of Article 20 (2) (lit). b and i of the EMAS Regulation,

c)

Ecology and natural sciences,

d)

Environmental law and contents of the EMAS Regulation within the meaning of Article 20 (2) (a), (c) and (d) of the EMAS Regulation, and

e)

General environmental technology within the meaning of Article 20 (2) (lit). e and f of the EMAS Regulation as well as the environmental dimension of products within the meaning of Article 20 (2) (lit). g and j of the EMAS Regulation. "

Section 3 (3) Z 2 reads as follows:

" 2.

a professional experience as an engineer or a Diplom-HTL-Ingenieur or Diplom-HLFL-Ingenieur in accordance with § 2 IngG 2006 to the extent of a total of at least two years or "

14. In Section 3, Section 3, Z 4, the word order shall be "pursuant to Council Regulation (EEC) No 1836/93 of 29 June 1993 on the voluntary participation of industrial undertakings in a Community eco-management and audit scheme" through the phrase "according to the EMAS Regulation" replaced.

15. In § 3 para. 4 Z 2 lit. b removes the word sequence "to the extent of a maximum of ten days".

16. § 3 para. 4 Z 2 lit. c is:

" (c)

The responsible implementation of certification audits according to ISO 14001. "

§ 3 (5) Z 1 reads as follows:

" 1.

an independent activity as an engineering consultant according to § 1 paragraph 2 Z 2 ZTG or as a civil engineer within the meaning of § 40 paragraph 2 ZTG, as an economic trustee pursuant to § 1 paragraph 1 (1) Z 1 and 3 of the WTBG or as an attorney in accordance with § 1 RAO; "

18. In § 3 para. 5 Z 3 lit. e will be the phrase " according to § 7 para. 4 lit. b Radiation Protection Act, BGBl. No 227/1969 " through the phrase " according to § 2 para. 43 of the Radiation Protection Act, BGBl. I n ° 137/2004, as last amended by the Federal Law BGBl. I No 35/2012 " replaced.

19. In § 3 (5) Z 3, the lit. g; the lit. h is given the name "g)" .

20. In § 3 paragraph 5 Z 3 lit. g becomes the word sequence " § 25 Deponieverordnung, BGBl. No. 164/1996 through the phrase " § 35 of the Deponieverordnung 2008, BGBl. II n ° 39/2008, as amended by the BGBl Regulation. II No 455/2011 replaced.

21. § 3 (6) deleted.

Section 4 (1) Z 3 reads as follows:

" 3.

an examination of the basic expertise in the fields of

a)

Methodologies of environmental audit within the meaning of Art. 20 (2) lit. h of the EMAS Regulation,

b)

Management information and procedures within the meaning of Article 20 (2) (lit). b and i of the EMAS Regulation,

c)

Ecology and natural sciences,

d)

Environmental law and contents of the EMAS Regulation within the meaning of Article 20 (2) (a), (c) and (d) of the EMAS Regulation,

e)

General environmental technology within the meaning of Article 20 (2) (lit). e and f of the EMAS Regulation as well as the environmental dimension of products and services within the meaning of Article 20 (2) (lit). g and j of the EMAS Regulation. "

23. In § 4 para. 2, first and second sentence, the word order "Economy and Work" in each case by the word sequence "Economy, Family and Youth" replaced.

Section 4 (3) reads as follows:

" (3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Economic Affairs, Family and Youth, may lay down detailed rules for the assessment of the subject within the meaning of paragraph 1, in particular with regard to the documents to be submitted, the review of the organisational structures of the environmental verifier, the review of the basic expertise and the sectoral knowledge, the training of the basic Professional knowledge, the practical verification of the required skills, the process the examination and the qualification of environmental verifiers to validate reports of organisations applying other environmental management systems equivalent to EMAS "

25. In § 5 (1) Z 2 the phrase "in accordance with Annex V (5.2.1)" through the phrase "pursuant to Art. 20 (5)" replaced and after the word "satisfied" the phrase "as well as a declaration on the legal status, ownership and sources of financing" inserted.

26. In § 5 paragraph 2 Z 1 the phrase "in accordance with Annex V (5.2.1)" through the phrase "pursuant to Art. 20 (7)" replaced.

27. In Section 5 (2) (2) (2), the phrase "in accordance with Annex V (5.2.1)" through the phrase "pursuant to Art. 20 (5)" replaced.

Section 5 (2) Z 3 reads as follows:

" 3.

has at least one senior environmental verifier who satisfies the requirements of Sections 2 and 4 (1) (3) of the Treaty, as well as a declaration on the legal status, ownership and sources of financing, "

29. In § 5 paragraph 2 Z 5, the phrase "Annex V (5.2.1)" through the phrase " Art. 20 (5) " replaced.

30. § 5 (5) reads:

" (5) The authorisation shall include the power to issue certification certificates in accordance with the certification procedures recognised by the European Commission, in accordance with Article 4 (3) and Article 45 of the EMAS Regulation. It shall also include the power to issue certification certificates in accordance with EN ISO 14001:2004. "

31. § 5 (6) reads:

" (6) The authorisation shall also include the power to validate reports of organisations which use other environmental management systems equivalent to EMAS, if a senior environmental verifier or environmental verifier has the necessary information on the necessary environmental management systems. sectoral knowledge and is approved. The report shall be declared valid only if the senior environmental verifier or individual environmental verifier has the independence and integrity within the meaning of the EMAS Regulation. "

32. § 5 (7) shall be replaced by the sales designation "(8)" .

33. In § 5 the following paragraph 7 is inserted:

" (7) The authorisation shall also include the authority for senior environmental verifiers and environmental individual verifiers to certify energy management systems in accordance with ISO standard 50001:2011 and to issue a certificate, provided that a senior environmental verifier or Environmental verifier with the sectoral knowledge. "

34. In § 6 para. 1 Z 2 the word order shall be "according to the EMAS Regulation Annex V (5.2.1)" through the phrase "pursuant to Article 20 (5) of the EMAS Regulation" replaced.

Section 6 is added to the following paragraph 3:

"(3) In accordance with Article 25 (9) of the EMAS Regulation, environmental verifiers must make a statement on the assessment and validation activities in accordance with Annex VII to the EMAS Regulation."

36. § 7 reads:

" § 7. Accreditation body for environmental verifiers within the meaning of Art. 2 Z 31 of the EMAS Regulation is the Federal Minister for Agriculture, Forestry, Environment and Water Management. The Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible for the approval of environmental verifiers, who are active in third countries under Article 27 of the EMAS Regulation. The Federal Minister for Agriculture, Forestry, the Environment and Water Management can lay down detailed rules on the approval of environmental verifiers wishing to operate in third countries. "

37. § 9 para. 2 Z 1 reads:

" 1.

Type and description of the activity through which the sectoral knowledge has been acquired, with an ISO 14001 independent audit within the scope of the NACE code applied for or EMAS accompanying or environmental audits to the extent of at least 20 days are to be demonstrated; "

38. § 9 (3).

39. In § 10, para. 1, second sentence, the word order shall be "Annex V to the EMAS Regulation" through the phrase "Art. 23 of the EMAS Regulation" replaced.

40. In Section 10 (4), the phrase "in accordance with Annex V (5.4) and (5.5) of the EMAS Regulation" through the phrase "pursuant to Articles 25, 26 and 27 of the EMAS Regulation" replaced.

41. § 10 a new paragraph 4a is inserted:

" (4a) The supervision in accordance with this law is subject to environmental verifiers, which are within the meaning of the UMG Register VO, BGBl. II No 152/2012 (hereinafter referred to as the 'UMG Register VO'). At the request of the admissions office, the environmental verifier shall provide all information necessary for verification. When carrying out activities by environmental verifiers under other legal regulations, environmental verifiers shall also be subject to the supervision of the approval body. "

42. In Section 10 (5), the term "Federal Minister for Economic Affairs and Labour" by the term "Federal Minister for Economic Affairs, Family and Youth" replaced.

43. In § 11 the following sentence is added:

"This shall also apply to reports pursuant to § 5 (6)."

Section 12 (1) Z 1 reads as follows:

" 1.

the environmental verifier, registered in accordance with Section 14 of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in accordance with Article 23 (2) of the EMAS Regulation, provided that they have been submitted for four weeks in advance Report on the activities of the Admissions Office, "

45. In Section 12 (1), the point at the end of Z 2 shall be replaced by an accoration; the following Z 3 and Z 4 shall be added:

" 3.

Environmental verifiers who have the power of Section 5 (6), provided that they report the details to the admissions office no later than four weeks before the admissions office has been informed of the evaluation.

4.

Environmental verifiers operating in a third country within the meaning of Article 27 of the EMAS Regulation, provided that they report the inclusion of the reviewer's activity no later than six weeks in advance of the admissions office. "

46. In Section 13, Section 1, Z 3, the word order shall be "Annex V (5.2.1)" through the phrase " Art. 20 (5) " replaced.

47. In § 13 (1) Z 5, the word "or" through a " Beislash " replaced.

48. § 13 (1) Z 6 reads:

" 6.

the environmental verifier has made a defective declaration in accordance with Annex VII to the EMAS Regulation, or "

49. In Section 13 (1), the following Z 7 is added:

" 7.

the environmental verifier reports from organisations that use other environmental management systems equivalent to EMAS, despite serious deficiencies. "

50. In § 13 para. 2 Z 3 the word order shall be "in accordance with Annex V (5.2.1) of the EMAS Regulation" through the phrase "pursuant to Article 20 (5) of the EMAS Regulation" replaced.

Section 14 (1) reads as follows:

" (1) The Admissions Office shall have a list of approved environmental verifiers, separate from individual environmental verifiers and environmental expert organisations, in accordance with Article 28 (8) of the EMAS Regulation, which has to contain:

1.

name or organization name;

2.

Professional address including telephone number, fax number and e-mail address;

3.

the name of the sectors within the meaning of Section 1a (6) for which the environmental verifier is authorised;

4.

Registration number.

The list is automation-supported within the meaning of § 1 (3) and § 6 of the Data Protection Act, BGBl. I n ° 165/1999, and publish it on the website 'emas.gv.at'. The Admissions Office shall also update the environmental verifier list on a monthly basis and forward it to the European Commission. "

52. The title of the III. Section is:

"Management of registers of registered organisations"

Section 15 (1) reads as follows:

" (1) The body responsible for the management of the EMAS register of registered organisations in accordance with Articles 3 and 11 of the EMAS Regulation (EMAS Register) shall be the Federal Minister for Agriculture, Forestry, the Environment and Water Management, who shall be responsible for the management of the EMAS register. Fulfilment of this task according to § 6 paragraph 2 Z 25 of the Environmental Control Act, BGBl. I n ° 152/1998, by the Federal Environment Agency. The Federal Minister for Agriculture, Forestry, the Environment and Water Management can lay down detailed rules for the registration of organisations which have their head office outside the European Union. "

54. In Section 15 (2), the phrase "EMAS Organization Directory" through the phrase "EMAS Register" replaced.

55. In § 15 (3) the word "Organization Directory" through the phrase "EMAS Register" replaced.

Article 15 (4) reads as follows:

" (4) The authorities referred to in Article 2 (2) (26) of the EMAS Regulation shall be the competent authorities responsible for implementing environmental legislation, including the authorities appointed to punish administrative transgressions of those environmental provisions. Instance. They shall forthwith inform the competent body thereof, having regard to an existing breach of relevant environmental legislation by registered organisations. "

57. The following paragraph 4a is inserted in § 15:

" (4a) The authorities responsible for the enforcement of environmental regulations, including the authorities of first instance appointed to punish for administrative offences, shall immediately, after taking note of an existing breach, have relevant environmental legislation at the location of organisations which are registered in a register pursuant to § 15 (5) to inform the competent authority in accordance with Section 15 (1). "

Section 15 (5) reads as follows:

" (5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management can order further national registers for organisations applying equivalent environmental management systems with EMAS, as well as more detailed information on the implementation of the relevant environmental management systems. Normalize criteria for entry in these registers. The Federal Minister for Agriculture, Forestry, the Environment and Water Management of a service provider can serve the management of the other national registers in accordance with the UMG Register VO. The Umweltbundesamt GmbH service provider is responsible for the management of these registers. "

59. The title of § 16 reads:

" Registration or Refusal of registration of organisations "

60. In § 16 (1) the word "Directory" by the word "Register" replaced.

61. In § 16 (1a) the word order shall be "EMAS Organization Directory" through the phrase "EMAS Register" replaced.

62. In § 16 (1a) Z 2, the word order shall be "on the basis of Annex VIII" through the phrase "on the basis of Annex VI" replaced.

63. In § 16 (1a) Z 3, the phrase "those of Annex I" shall be replaced by the phrase "those of Annex II".

64. § 16 (1b) reads:

" (1b) An organisation shall be entered in a register set up in accordance with the provisions of the UMG Register (VO), with the allocation of a number, if the requirements laid down in this Regulation are met and the organisation shall provide information in accordance with Annex VI to the Regulation. EMAS-Regulation. "

65. The subsection of Section 16 (1c) reads as follows:

"(1c) The competent authority shall, on the basis of its own verification or notification by a notifiable authority, be aware of an infringement of relevant environmental legislation of an organisation, the registration shall be refused, unless:"

66. In § 16, paragraphs 2 to 8 are deleted.

67. According to § 16, a new § 16a is inserted. The heading of § 16a reads as follows:

"Deletion and suspension of registration of organisations"

§ 16a reads:

" § 16a. (1) An organisation shall be informed from the EMAS register or from the registers established in accordance with the provisions of the UMG Register VO if, on the basis of their own verification or disclosure by a notifiable authority, the competent authority is subject to a breach of the relevant environmental rules of the organisation knowledge, unless:

1.

the legally compliant condition has been established;

2.

any damage caused to the environment has been eliminated and

3.

sufficient precautions have been taken to ensure that no further infringement of environmental legislation is to be expected.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to suspend or delete the registration in the presence of the conditions laid down in Article 15 (3) of the EMAS Regulation.

(3) The registration of an organisation which is entered in a register in accordance with the UMG Register VO shall be suspended or deleted if the conditions for registration of Section 3 of the UMG Register VO are no longer available.

(4) An organisation shall be informed from the EMAS register or be deleted from a register under the UMG Register VO if it is known that the environmental verifier, in the course of his activities which led to the registration of the organisation, is against the requirements of the EMAS Regulation, or has failed to comply with the requirements of the UMG Register VO and therefore has been withdrawn.

(5) The competent authority shall be entitled to temporarily suspend a registrant registered in accordance with § 15 until the decision on any deletion of the organisation from the register is known if breaches of relevant environmental legislation are known. or it became known that the requirements of Section 16 (1a) or (1b) are no longer fulfilled.

69. According to § 16a, a new § 16b is inserted. The heading of § 16b is:

"Procedure for registration, denial of registration, deletion and suspension of registration"

§ 16b is:

" § 16b. (1) In the procedures for registration and denial, deletion and suspension of registration of EMAS organisations, or of organisations which are registered in a register according to the UMG Register VO, the organisation concerned and the environmental lawyer whose local area of responsibility is the location shall have party status in accordance with Section 8 of the AVG or the authorities responsible for the protection of the environment in accordance with the provisions of the federal regulations shall be heard. In the procedures for registration and/or to refuse registration, the environmental verifier must be heard.

(2) The environmental authority is authorised to comply with the legislation of the EMAS Regulation and this Federal Law on registration as well as denial, deletion and suspension of a registration in compliance with the interests of the guarantee of a lawful and high-quality system for environmental assessment and registration and the associated improvement of environmental performance of organisations as subjective rights in the proceedings.

(3) From the registration, deletion, denial and suspension of the registration are the respective organizational lines concerned, the authorities within the meaning of § 15 para. 4 and the according to the legislation of the federal government for the facilities of the organization the competent authorities shall inform the competent authorities without delay. The competent body shall also update the registers in accordance with § 15 a month and submit the EMAS register to the European Commission. Access to the registers by electronic means shall be established for the admissions office. The EMAS register and the registries established according to the UMG Register VO can be provided with automatic support within the meaning of § 1 para. 3 and § 6 of the Data Protection Act, BGBl. I No 165/1999.

(4) A request for a cancellation or suspension of an organisation registered in accordance with § 15 shall only be requested by the organisation party position and the hearing of the competent authorities is not necessary. In the case of suspension, a reasonable period of not more than one year shall be set. At the end of the period, the competent body must re-examine the existence of the conditions for the maintenance of the registration.

(5) The registration ends with the deletion, with the demise of the legal subject or with the dismissal of the site to which the registration relates. "

71. In Section 17 (1), the phrase " Art. 6 of the EMAS Regulation " through the phrase " Art. 13 of the EMAS Regulation " replaced.

72. The following paragraph 1a is inserted in § 17:

" (1a) The authority responsible pursuant to section 15 (1) for the management of further registers shall require information on the legal compliance with the authorities (section 15 (4)) in the registration procedure. The Authority (Section 15 (4)) has to inform in writing within a period of six weeks whether an infringement of environmental legislation is known at the time of the request or whether an administrative criminal procedure is pending. "

73. The title of § 18 reads as follows:

"Publication of the environmental statement and reports of organisations which use other environmental management systems equivalent to EMAS"

74. § 18 (1) reads:

" (1) The environmental statement declared valid and the reports declared valid by organisations applying other environmental management systems equivalent to EMAS shall be implemented by the organisations concerned within three months of To publish, in an appropriate manner, a long period of communication on registration by the competent authority. "

Section 19 (2) reads as follows:

Special administrative charges shall be applied to the expenditure incurred in connection with the registration and renewal of the registration of EMAS organisations and of organisations applying environmental management systems equivalent to EMAS. shall be paid by the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister of Finance, in accordance with the administrative burden associated with this in lump sums with a Regulation. "

76. In Section 21, Section 1, Z 2, the word order shall be "to an organizational directory according to § 16" through the phrase "to a register according to § 15" replaced.

Section 21 (1) Z 4 reads as follows:

" 4.

the environmental statement or reports of organisations applying other environmental management systems equivalent to EMAS shall be submitted, "

Section 21 (1) Z 5 reads as follows:

" 5.

the replacement of machines, equipment or equipment is carried out by similar machines, equipment or equipment. Machinery, equipment or equipment shall be of the same type if their intended use corresponds to that of the machinery, equipment or equipment situated in the installation, and the effects to be expected from them do not affect the emission performance of the plant. have a negative effect. "

79. In § 21 (1) Z 7, the last two sentences are deleted.

80. In Section 21 (3), the word order is deleted " and the statement of the environmental verifier (par. 1 Z 5) ".

81. In § 21, paragraphs 6 to 8 are deleted; paragraph 9 is replaced by the sales designation "(6)" and reads:

"(6) Authority within the meaning of this paragraph shall be the District Administrative Authority."

82. In § 21a, the phrase "a list according to § 16" through the phrase "a register according to § 15" shall be replaced.

83. § 22 (1) reads:

" (1) At the request of an organisation which is entered in a register in accordance with § 15, the Authority shall have all the facilities required for the installation of a site or of a site, respectively. authorisations valid for a part of the investment in accordance with the rules applicable to the provisions of the investment law in a communication. The authorisations shall be those laid down in the federal legislation on the admissibility of the execution of a project and the putting into service of an installation or parts of the public authorities required by the authorities, such as in particular: Authorisations, knowledge, permits or findings. With the legal force of the consolidated date, the authorisation modesty thus collected shall not be effective. The consolidated communication is valid as a permit according to all federal law-related regulations. "

84. In § 22, para. 2, the atrocity at the end of the Z 5 shall be replaced by the word "and" replaced. In Section 22 (2) (6), the phrase shall be "in accordance with Annex II of the EMAS-V." through the phrase "in accordance with Annex III of the EMAS Regulation" replaced; the Z 7 is deleted.

85. In § 23 (1) (1) (1), the phrase " (Art. 2 lit. e EMAS Regulation), and " through the phrase "(Annex I of the EMAS Regulation) and" replaced.

86. In § 23 (1) Z 1 lit. d is the clip expression " (Art. 2 lit. 1 EMAS Regulation) " by the parenthesis expression " (Art. 2 Z 16 of the EMAS Regulation) " and the name "Organization Directory" through the Word sequence "EMAS tab" replaced.

87. In § 24, the phrase "For a directory according to § 16" through the phrase "For those in the EMAS register" as well as the phrase "according to the EMAS Regulation Annex I.A" through the phrase "in accordance with Annex II A.4.1 of the EMAS Regulation" replaced.

88. § 25 (2) reads:

" (2) Is an organisation registered in a register according to § 15, according to the E-PRTR accompanying regulation (E-PRTR-BV), BGBl. II No 380/2007, in order to report on their emissions of pollutants, the authority responsible for monitoring the installation may confine itself to examining the conformity of those data with the results of the regulatory control, if the environmental verifier has been shown to have carried out a test for completeness, coherence and credibility in accordance with § 5 E-PRTR-BV. "

89. In § 26 (2), the expression "Environmental Information Law" , at the end of the Z 1 by the word sequence " of the Environmental Information Act, BGBl. No 495/1993, and ' and the word "and" at the end of the Z 2, replaced by a point; the Z 3 is deleted.

§ 28 reads:

" § 28. The Federal Minister for Agriculture, Forestry, Environment and Water Management has to report to the National Council every five years on the application of the EMAS Regulation and the enforcement of this federal law. "

91. § 29 The entry section reads as follows:

"If the action does not constitute the offence of a criminal offence falling within the jurisdiction of the courts, an administrative surrender shall be punishable by a fine of at least EUR 360 to EUR 36 340, who shall be deemed to be"

92. § 29 Z 1 reads:

" 1.

Environmental verifier violates Chapter V of the EMAS Regulation or § 6, or a report contrary to the requirements of the UMG Register VO, BGBl. II No 152/2012; "

93. In § 29, the Z 2 is deleted; Z 3 and 4 are given the names "2." and "3." . In § 29 Z 2, the expression " Art. 8 " by the expression " Art. 10 " replaced.

Article 31 (2) reads as follows:

" (2) According To Art. 51 (2) lit. In the EMAS Regulation, registered organisations registered under Regulation (EC) No 761/2001 shall remain in the EMAS register. "

Article 31 (3) reads as follows:

" (3) Until the entry into force of a regulation pursuant to § 4 (3) and § 19 (1) and (2), the site entry fee regulation, BGBl. No 749/1995 and the Environmental Verifier-Admission Fee Ordinance, BGBl. No. 191/1996, as federal laws. "

96. § 33 Z 1 reads:

" 1.

with regard to the appointment of qualified experts for the list of experts in accordance with Section 4 (2) in agreement with the Federal Minister for Economic Affairs, Family and Youth, "

97. § 34 deleted.

Article 5

Amendment of the Water Rights Act 1959

The Water Rights Act 1959, BGBl. No. 215, as last amended by the Federal Law BGBl. I No 97/2013, shall be amended as follows:

1. § 7 reads:

" § 7. The use of the waters for the wood trift shall be subject to the authorization in accordance with the provisions of this Federal Law. "

2. In accordance with § 29, the following § 29a and heading is inserted:

" Measures taken on the occasion of the final cessation of activity the dismissal of installations in which certain industrial activities are carried out

§ 29a. (1) operators of installations in which one or more of the installations listed in Annex I to Directive 2010 /75/EU on industrial emissions (integrated pollution prevention and control), OJ L 327, 22.7.2010, p. No. OJ L 334 of 17 December 2010 S 17, as amended by the corrigendum OJ L 327, 28.12.2010, p No. 25., and whereas, without prejudice to § 29, when their activities are terminated, they shall have the status of groundwater pollution by relevant hazardous substances used by the plant, was created or released, one last time (§ 134a).

(2) In the event of a definitive cessation of the activity of an installation subject to Annex I to Directive 2010 /75/EU, the operator of that installation shall, if necessary, set the appropriate measures in accordance with Z 1 and 2 or 3:

1.

In the event of a report on the initial condition referred to in Article 134a (1), and where the installation is subject to significant groundwater pollution with relevant hazardous substances compared to the state indicated in the report on the initial condition , the plant operator-taking into account the technical feasibility-has to take all the necessary measures to eliminate this pollution in order to place the plant site in the initial state in the report (§ 134a (1).

2.

In the event of a report on the initial condition referred to in Article 134a (1), and provided that the operator has authorised activities, the report shall be submitted before the 7. In January 2013, groundwater pollution on the site of the plant causes serious risks to human health or the environment, and the plant operator has the necessary measures to eliminate, prevent, control and reduce the risk of pollution. or to reduce the relevant hazardous substances in order to prevent the plant site from posing such a risk in the light of its current or approved future use.

3.

If a report on the initial state is not available in accordance with Section 134a (1), because the authorisation has not yet been updated or because the operator does not have an obligation to produce a report on the initial condition, the operator shall have the following information: to take the necessary measures to eliminate, prevent, reduce or reduce the relevant hazardous substances in the plant, in order to ensure that the plant site, taking into account its present or approved future, Use as a result of approval of similar activities, no serious the risk to human health or the environment.

(3) All the measures referred to in paragraph 2, which are necessary on the basis of the last assessment, shall be notified to the competent authority immediately after the end of the activity, accompanied by relevant documents. The operator must inform the operator of the measures required in accordance with paragraph 2 in each case with a reasonable period of time. Section 29 (4) shall apply mutatily. "

3. § 30e (3) second sentence reads:

"These provisions for the progressive achievement of objectives shall be used in the administrative procedure for the assessment of the water-management order to be considered as a public interest."

4. In § § 31c (5) and (33b) (6), the designation shall be: "54" by the name "55g para. 1 Z 1" replaced.

5. In § 31c (5), last sentence, the word order is deleted "for deep sondes" .

6. In Article 32b (4), the following sentence shall be inserted after the second sentence:

"The reports are part of the water information system (§ 59)."

(7) In § 33b (1), the following last sentence is added:

" In the case of sewage discharges into a approved sewerage, the effect or the like can be used. To take account of the purification performance of a waste water purification plant when setting the emission limit values of the installation concerned, provided that a total equivalent level of environmental protection is ensured and that it is not a greater burden on the environment. "

8. In § 33b (6), the following last sentence is added:

" For an installation in which one of the industrial activities listed in Annex I to Directive 2010 /75/EU is carried out, stricter rules shall also be required if a decision of the European Commission is to be carried out on a Conclusion on the best available techniques (BAT conclusion) more stringent emission levels, but these have not yet been implemented in a regulation. "

9. In § 33b (10), the last three sentences are replaced by the following two sentences:

" There is a possibility to collect an official complaint (§ 116).

If an installation in which one of the industrial activities listed in Annex I to Directive 2010 /75/EU is carried out is granted a less stringent emission limit value than in a BAT conclusion, this information and the reasons for the exception to be made available to the public by the competent authority via the Internet. "

10. § 33c (1) reads:

" (1) When setting emission values by means of a regulation in accordance with § 33b (3) and (4), the Federal Minister for Agriculture, Forestry, the Environment and Water Management has ten years not exceeding the deadlines for the initial general adjustment of existing installations as well as for the adaptation of installations referred to in paragraph 6 (1).

The person entitled to water shall be entitled, within two years of the entry into force of the Regulation or, where appropriate, of a Regulation of the country's main body. § 55g (1) (2) of the Water Rights Authority regarding the facilities or parts of the plant subject to sanitary conditions, to submit a remediation project for the purpose of water-law approval, or to submit the installation at the end of the period of reorganisation laid down in a regulation shut down. "

11. § 33c (6) reads:

" (6) Without prejudice to § 21a, for existing installations for which a general adjustment obligation pursuant to section 33c has already been triggered, further refurbishments should be carried out in the case of a new regulation pursuant to § 33b (3) and (4) only if:

1.

they are installations carrying out an industrial activity as referred to in Annex I to Directive 2010 /75/EU, or

2.

a regulation in accordance with § 55g (1) (2) of this Regulation. "

11a. In § 33g (2), the name shall be: "2015" by the name "2021" replaced.

Article 34 (7) reads as follows:

" (7) The district administrative authority shall be responsible for the enforcement of a regulation adopted pursuant to paragraph 2 or 2a. A measure subject to a willingly or notifiable measure pursuant to paragraph 2 of this Article shall also be subject to a further water-law which falls within the competence of the Governor of the country or of the Federal Minister for Agriculture, Forestry, the Environment and Water Management. This authority shall be responsible. "

13. In § 53 (1), first sentence, after the word "Implementation" the phrase "Water management objectives, in particular" inserted.

14. In § 55 para. 2 lit. e The word sequence "for water management framework conditions in accordance with § 54" as well as the above-mentioned supplement.

15. § 55 para. 2 lit. f and g are:

" f)

the perception of water-related interests vis-à-vis other planners and public authorities;

g)

the assessment of projects for compatibility with water management planning and objectives, in particular in order to safeguard the interests of drinking water and water supply in the country. "

16. In § 55 para. 5, first sentence, after the word "Listen" replaced by a point, and the word order is deleted "in the case of the party position (section 102 (1) (h))." .

17. In § 55f (1), first sentence, after the word "achievement" the phrase "Water management objectives, in particular" inserted.

18. § 55g (1) (2) (2) first sentence reads:

"Time limits for adaptation to a state of the art prescribed in accordance with § 33b for existing installations, which have already been adapted to the state of the art."

19. § 55g (3) first sentence is replaced by the following sentences:

" (3) Only in accordance with the National Hydrological Management Plan (programme of measures) and with regulations based on it (paragraph 3). 1 (2) to (5). The authorisation of a regional programme for water management (paragraph 1) 1) In the case of a project which is in contradiction, the public interest in the measure outweighs that of the compliance with the regional programme. "

20. § 55j Abs. 2 Z 1lit. c is:

" (c)

Installations carrying out industrial activities referred to in Annex I to Directive 2010 /75/EU, "

21. § 55k sec. 4 Z 3 reads:

" 3.

Installations carrying out industrial activities referred to in Annex I to Directive 2010 /75/EU, and potentially affected protected areas pursuant to § 59b Z 1, 3 and 5; "

22. In § 55n para. 3, first sentence, the word order shall be "according to § 55m" through the phrase "for at least six weeks in accordance with the procedure laid down in § 55m" replaced.

Section 55p (1) reads as follows:

" (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has provided for the progressive reduction and prevention of further pollution of the waters (§ 30) by means of a regulation, by means of direct or indirect discharges of water. Nitrogen compounds from agricultural sources. These programmes shall have measures, procedures and practices, in particular concerning periods of non-fertiliser fertilisers, the application of fertilizers containing nitrogen to agricultural land and the capacity of containers for storage of to contain economic fertilizer. These programmes shall ensure that, in the case of agricultural holdings, the commercial fertiliser applied to the soil, including the livestock manure, has a maximum quantity of 170 kg of nitrogen, after deduction of the Loss of stall and storage loss per hectare and year. These programmes must be complied with in general in the public interest. "

24. In § 55p, the second and third paragraphs are deleted. Paragraph 4 shall be replaced by the name "2" .

25. In § 55p (2), the word order is deleted "last sentence" and shall each be given the names " 3 " by the names " 1 " replaced.

26. In Section 59a (1), the name shall be: "Directive 96 /61/EC" by the name "Directive 2010 /75/EU" replaced.

27. In § 99 (1), the lit. F. The previous lit. e is given the name "d" and the previous lit. h is given the name "e" .

28. In § 100 (3) the following sentences are added:

" In the case of the recovery of the Commission on the congestion charge in accordance with Section 104 (3), the (unofficial) members and experts who are employed by the Commission shall be entitled to an appropriate fee in respect of the management of the effort and the amount of time taken, which the applicant of the procedure has to bear. § 76 AVG shall apply to these fees. The Authority may inform the applicant of the direct payment of such costs by the Authority after verification of the factual and computational correctness of the information. "

29. In § 102 paragraph 1 lit. g becomes the word sequence "a water management framework (§ 54) or one" by the word "one" replaced.

30. In § 102 paragraph 1 lit. h will replace the point with a dash and the word order "in accordance with section 55 (5)." .

31. In § 104 paragraph 1 lit. h eliminates the word sequence "with a water management framework (§ 54)" as well as the paint.

32. § 104a (3) first sentence reads:

"In the context of the review of public interests, in particular as regards the compatibility of the project with water management planning and objectives, the water-management planning body is demonstrably to be taken into consideration."

33. The existing paragraph in § 130 shall be given the name (1) and the following paragraphs 2 to 4 shall be added:

" (2) Water routes in areas of dense population, numerous water installations or frequent flooding are subject to a description. Section 133 (6) shall apply mutatily. The authorities must carry out the task of carrying out the task of carrying out the task of entrusts to the Governor of the State, or to responsible authorities, other departments, water associations or water cooperatives. A description may be carried out, if necessary, at the request of a participant.

(3) The installation must be carried out in such a way (§ 133) that it provides the necessary overview of the state of the water and its shores, the existing protection and regulatory structures, water use and other water installations, including those contained in § 38 , as well as the retication of the water. The understanding of the certificate must be carried out in accordance with § § 131 (4) and 133 (1). The result of the certification shall be recorded in writing.

(4) In the case of installations or types of installations covered by an environmental inspection plan in the implementation of Directive 2010 /75/EU, the supervision of the water sector and the inspection have been carried out on the basis of that plan. environmental inspection programmes. Water supervision must be taken into account in the preparation of the programmes. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may lay down, by means of a Regulation, the contents and criteria relating to emissions and the effects of such installations on water within the framework of an environmental inspection. These data are part of the water information system (§ 59). "

34. § 134a is given the name "§ 134b" and § 134a (new) together with headline is:

" Baseline Report

§ 134a. Each operator of an installation in which one or more of the substances listed in Annex I to Directive 2010 /75/EU are carried out shall be produced or released before any relevant hazardous substance is used in the course of any of its activities, before any New plant is being put into operation or the existing consensus for an installation-in any case for adaptation to the state of the art-is renewed or shall be updated to draw up a report on the initial condition of the plant site with a view to possible pollution of groundwater or to have it drawn up at its cost by experts or appropriate institutions, and competent authority (as a component of the project), as a rule, electronically. If no co-application of the water legislation is provided for, an all-case water legal procedure with the authority responsible for the plant authorisation shall be coordinated.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, by regulation, the content and scope of the information on the uses of the plant site, on existing or new (ground water) measurements and/or on new (ground water) measurements. Further surveys on groundwater pollution and on the possibility of pollution from relevant dangerous substances (pursuant to Article 3 of Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances) and mixtures, OJ No. L 353 of 16 December 2008 (S 1), as well as the scope of data, data formats and data interfaces. Data shall be made available/made available to the competent authorities responsible for the approval and supervision/supervision of installations in accordance with paragraph 1. The report forms part of the electronic register of burdens and impact (§ 59a) set up in the framework of WISA (§ 59).

(3) The plant operator shall have at its cost the state of the ground water in view of possible pollution caused by the activities carried out by it at the plant site (paragraph 1). 1) to be monitored by experts or appropriate institutions at intervals of at least five years (recurring monitoring), provided that the competent authority does not, under special circumstances, have shorter time intervals is required. Where recurrent monitoring is carried out on the basis of a systematic assessment of the risk of pollution, the Authority may prescribe appropriate intervals. In the final cessation of activity, the installation of installations (§ 29a), the plant operator has produced or released the assessment carried out by the plant operator of the current state of groundwater pollution by relevant hazardous substances used by the plant, which shall be responsible for the the competent authority responsible for decommissioning. If no co-application of the water legislation is provided for, an all-case water legal procedure with the authority responsible for the plant authorisation shall be coordinated. "

35. In § 137 (1) (1) (1) (1), the term "§ 29 (7)," the designation "§ 29a (3)," inserted.

36. In § 137 (1) (1) (1), after the phrase "Communication Not" an inversion and the phrase " not complete, despite prior request " inserted.

37. In § 137 (1) Z 5, after the word order "last-time arrangements" an inversion and the phrase "pursuant to § 29a on the setting-up of the necessary measures after the final cessation of activity" inserted.

38. In § 137 (1) Z 15, the title shall be referred to as: "§ 33f (3)" the phrase "inspection or recording arrangements made or those made pursuant to § 33f (6)" inserted. In addition, the term " "§ 55p" the designation " 2 last sentence " .

39. In § 137 (1) Z 22, the word "or" shall be replaced by a dash and referred to as "§ 134" the phrase "or § 134a" inserted.

40. In § 137 (1) Z 25, the Strichpunkt is replaced by a point. Z 26 is omitted.

41. In § 137 (3) Z 2, the name shall be referred to as "§ 29" an indent and the name "§ 29a" inserted.

42. In § 145, the following paragraph 12 is added:

" (12) paras. 23 to 25 (§ 55p) and Z 27 (§ 99) in the version BGBl. I n ° 98/2013 will be 1. Jänner 2014 force. "

43. In Annex G the following Z 4 is inserted after Z 3; the previous paragraphs 4 to 11 will be numbered 5 to 12:

" 4.

Comparable methods, devices and operating methods which have been tested with success on an industrial scale; "

44. In Annex G, Z 12, the word sequence shall be deleted "by the Commission in accordance with Article 16 (2) of Directive 96 /61/EC concerning integrated pollution prevention and control, or".

Fischer

Faymann