Environmental Law Adaptation Act 2013

Original Language Title: Umweltrechtsanpassungsgesetz 2013

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996426/umweltrechtsanpassungsgesetz-2013.html

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98. Federal law with which the environmental support Act, the emission certificate Act of 2011, the water building Promotion Act 1985, the environmental management act and the Water Act 1959 change (environmental law adaptation Act 2013)

The National Council has decided:

Article 1

Change of environmental support act

The environmental support Act (UFG), Federal Law Gazette No. 185/1993, as last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1. in article 1, no. 3 is the quote "section 23 paragraph 2 and".

2. in article 6, paragraph 1 Z 2, § 6 par. 1a No. 2, § 6 paragraph 2f, first sentence, and is not available in § 27a respectively, the phrase "and promoting environment abroad".

3. in article 6, par. 2, Z 5 is replaced by the phrase "maximum 400 million euros" the phrase "maximum 355 million euros".

4. in article 6, paragraph 2, the word is "and" at the end of the Z 4 by a comma and the comma at the end of the Z 5 by the word 'and' replaced and added following no. 6:



"6. in the year 2014 a net present value of EUR 100 million" 5. § 6 para 2 third sentence reads:

"Funds pledged or bound by orders, but unused can be again pledged until late 2014 or awarded, unless they become free as of January 1, 2011."

6 § 6 par. 2a second sentence reads:

"Funds pledged or bound by orders, but unused can be again pledged until late 2014 or awarded, unless they become free as of January 1, 2011."

7. in article 6, paragraph 2f is the phrase "which in the years 2009 to 2013 respectively a present value of EUR 90,238 million replaced"which in the years 2009 to 2020 each bar worth a total EUR 90,238 million"by the phrase" in the first sentence.

8 in section 6, paragraph 2f is inserted after the first sentence of the following sentence:

"Funds pledged or bound by orders, but unused can be again pledged or given."

9. in § 6 paragraph 2f is the quote "2014" quote "2016" replaced.

10. in § 7 No. 2, in the heading to the 3rd paragraph in the bracket expression in section 28 and paragraph 49 Z 1 lit. b eliminates the phrase "and environmental promotion abroad".

11 paragraph 12 paragraph 6:

"(6) in the case of rejection is the promotion of advertisers by the clearing agency stating the determinants for the decision to communicate, provided that the subsidy recipient requests in writing up this part of the communication referred to in paragraph 2."

12. in article 13, paragraph 4 is omitted.

13. in § 13 para 5 Nos. 1 and § 49 subpara 1 lit. a eliminates the quote "and 4".

14. in § 13 para 5 No. 2 lit. both the phrase "and the environmental promotion abroad" is a.

15. in article 23, the sales designation (1) is eliminated.

16. in article 23, paragraph 2 is omitted.

17. in § 24 No. 2 is lit. following d lit. e added:



"(e) to prevent or reduce the environmental impact by increasing resource efficiency;"

18 paragraph 24 No. 3:



"3. eco investments, facilities pursuant to Nos. 1 and 2, which appear particularly suited through the use of advanced technologies (State of science), to reduce the environmental burden (pilot systems); are"

19 paragraph 24 Z 5:



"5. intangible services, planning and project inputs, consulting services, and environmental studies, which are necessary in connection with the measures referred to in no. 1 to 3, or which are related to these measures and will be settled within the framework of regional programmes are."

20. in article 24, the No. 6 is eliminated.

21. in article 25, paragraph 4 is eliminated.

22. in article 26, paragraph 3 is eliminated.

23. in paragraph 27, the phrase is omitted "in the case of § 24 No. 6 and".

24. in article 31, no. 2 is the comma after the word "Intermediate consumption" by the word "and" and it eliminates the phrase "as well as parts of the measure, manufactured after the introduction of the request".

Article 2

Change of the emission certificate Act of 2011

The emission certificate Act 2011, Federal Law Gazette I no. 118, is amended as follows:

1. paragraph 26 paragraph 3:

"(3) plant holders as long as busy, the emission certificates as the operation of the unit is upright. No free emission allowances are awarded for disused plants referred to in section 27. The Federal Minister for agriculture and forestry, environment and water management adjusts the allocation of emission allowances from the year following the year of the closure. In the case of an adjustment of the allocation in accordance with § 24 para 5 Nos. 1 and 2 get booked the emission allowances in the amount of the adjusted allocation plant holder. If due to a late notification pursuant to § 24 para 6 an adjustment of the allocation decision could not be taken out before February 28 of that year, the adjustment has to be done, beyond emission allowances, which have been posted on the account of the system, are to return from the plant owner within four weeks from the adjustment of the allocation decision on the customized allocation. The return is not timely, § 53 is to apply mutatis mutandis."

2. paragraph 29:

"§ 29. In the first and second period referred to in section 28 is respectively the number of emission allowances, article 3d paragraph 3 of Directive 2003/87/EC and implementing Union law assigned to the Republic of Austria in accordance with, the Federal Minister for agriculture and forestry, environment and water management in accordance with the Regulation (EU) No. 1031 / 2010 of the Commission about the temporal and administrative procedure, as well as other aspects of the auctioning of greenhouse gas emission allowance trading in accordance with Directive 2003/87/EC , OJ No. L 302 S. 1, to auction. The auction takes place via a in accordance with Chapter VII of Regulation (EU) No. of 1031/2010 ordered auction platform. In accordance with article 22 of the Regulation (EU) no 1031/2010 has the Federal Minister for agriculture and forestry, to appoint a suitable place as auctioneer environmental and water management in consultation with the Federal Minister of finance. The revenues from auctioning accrue to the Federal Government."

3. in article 30, paragraph 4, second sentence is inserted the phrase "of an aviation activity listed in annex 2 performs," after the phrase "every aircraft operator".

4. paragraph 37 No. 1:



"1. certified emission reductions and emission reduction units for emission reductions through December 31, 2012, provided that the conversion of these credits in emission allowances March 31, 2015 in the register is applied for no later than," 5. In article 38, paragraph 1, the phrase "pursuant to article 17 paragraph 3" does not apply.

6 paragraph 38 paragraph 2:

"(2) new market participants for trading period starting in 2013, new entrants in the period from 2008 to 2012, as well as installations referred to in § 3 No. 5 lit. "b, each free allocations, nor entitled to use received from certified emission reductions and emission reduction units in the period from 2008 to 2012, can use credits in accordance with § 37 up to a circumference of 4.5% of their verified emissions for the period from 2013 to 2020."

7 § 40 is eliminated.

8 paragraph 43 paragraph 1:

"(1) the Federal Minister for agriculture and forestry, environment and water management has to operate to the exact accounting of procurement, possession, transfer and cancellation of allowances to ensure the Union registry. He has a suitable procedure which is carried out in agreement with the Federal Minister of economy, family and youth and the Federal Minister of finance to appoint a Registrar, which exerts the function referred to in section 47 to UFG regulation with the carrying out of work in the Union register."

9 paragraph 43 paragraph 2:

"(2) the owner of the plant and the operators have the reporting obligations in accordance with a regulation of the European Commission in accordance with article 19 of Directive 2003/87/EC meet."

10. in article 50, the phrase "in accordance with articles 4, 6, 24, 25, 30 and 31" is replaced by the phrase "in accordance with articles 2, paragraph 9, 4, 6, 24, 25, 30 and 31".

11 § 52 para 1 Nos. 2 and 3 are:



"2. with fine up to 7 000 euro, who the emissions a pursuant to § 4 monitors approved installation not in accordance with section 7 and the notices referred to in articles 4 and 6, failure reports (article 9) or no certificate of an independent inspection body shall submit (section 10) and who monitors the emissions of aviation activity in accordance with § 8, failure presents the concept of surveillance pursuant to § 8 para 2, failure reports the emissions of air transport activities (section 9) or shall submit a certificate of an independent inspection body (§ 10) and who a message in accordance with § 24" Paragraph 6 does not timely reimbursed;

3. with fine up to 5 000 euros, who is a message in accordance with § 6 para 1 and 2 not timely refunded;"

12 the following paragraph 3 is added to § the 52:

"(3) in violation of in paragraph 1 Nos. 2 and 3 referred reporting requirements in accordance with para 6 §§ 6 para 1, 9 and 24 the competent authority if the requirements pursuant to § 47 of the Criminal Administration Act are 1991, BGBl. No. 52 in the amended, an ordonnance issued."

13. after article 53 the following § 53a and heading shall be inserted:

"Temporary exceptions


§ 53a. The Minister may provide the sections 52 and 53 for aircraft operators in respect of certain air transport operations temporary derogations from provisions for agriculture and forestry, environment and water management on basis of Union legislation by means of regulation."

14 the following paragraph 3a is added to section the 59:

"(3a) the articles 26, paragraph 3, 29, 30 paragraph 4, 37 Z 1, 38 paragraphs 1 and 2, 43 para 1 and 2, 50, 52 para 1 Nos. 2 and 3 and § 3 and § 53a and heading as amended by Federal Law Gazette I no. 98/2013 become with expiration of the day of the proclamation in force;" at the same time § 40 override occurs."

Article 3

Change of water masonry support Act 1985

The Federal Act on the promotion of water construction from federal funding (water construction Promotion Act 1985 - WBFG) Federal Law Gazette No. 148/1985, as last amended by Federal Law Gazette I no. 82/2003, is amended as follows:

1. § 3 is added to § following § 3a 3c with headings:

"Entrustment to a settlement agent

section 3a. (1) with the management of promotion Affairs for measures under this federal law, unless there is action,.



1 with implementing the Federal Minister for transport, innovation and technology in this federal law enforcement 2 torrent and avalanche control (in particular § 9, § 25 para 1 and 3 and § 28 para 4) belong to, or 1975, BGBl. No. 440, in the currently valid version, used forestry law in catchment areas according to § 99 or 3 on that is the provisions of the law of environmental development (UFG) , BGBl. No. are 185/1993, in the amended to apply, the Federal Minister for agriculture and forestry, environment and water management can entrust a suitable place (settlement agent) with regulation. The regulation of the care is transferred the Governor from shops of the federal waterways administration, Federal Law Gazette No. 280/1969, remains unaffected. The Federal Minister for agriculture and forestry, environment and water management is authorized to conclude a contract on the substance of the settlement with the settlement agency.

(2) the contract has to govern in particular:



1. the preparation and testing of the promotion request in accordance with Article 3a, paragraph 1 and in accordance with the directives according to section 3 on the basis of the reports of the countries;

2. the delivery of reprocessed promotion request to the Commission under paragraph 3 (b) to advise the Federal Minister of agriculture and forestry, environment and water management in terms of the promotion decision;

3. the commitment of promoting in the name and on behalf of the Federal Government, represented by the Federal Minister of agriculture and forestry, environment and water management, billing and the disbursement of development funds, control of compliance with the conditions of the promotion and any recovery of granted support funds;

4. the annual presentation of audited accounts no later than 1 may of the following year to the Federal Minister of agriculture and forestry, environment and water management;

5. the template of an economic plan for the next year until the end of the financial year to the Federal Minister of agriculture and forestry, environment and water management;

6. the submission of activity reports to the Federal Minister of agriculture and forestry, environment and water management;

7 single show rights, penalties, causes of the resolution of contract;

8. the Court of jurisdiction.

(3) for carrying out the promotion, a reasonable fee is to be set.

(4) the clearing agency has an ongoing monitoring (volume of ongoing projects, the commitments, made payments, payment plan for the balance of payments, financial perspective etc.) to present. Is you are already in implementation of existing and proposed projects, which lead to future loads, to represent.

(5) the shops are to do with the care of an entrepreneur. For carrying out the promotion is a separate accounting group.

(6) insight into the promotion request and the at any time is the Federal Minister for agriculture and forestry, environment and water management to provide their documents relating to settlement.

(7) the Federal Ministry of agriculture and forestry, environment and water management are to provide information about promotion request and the administration of the settlement agency, and to submit appropriate reports.

(8) the clearing agency is subject to when their activity according to this law of the control by the Court of Auditors and the Ombudsman.

Recourse to the Commission in matters of water management

§ 3 b. (1) the according to § 7 Z 1 UFG is a Commission for issues of water management to advise the Federal Minister of agriculture and forestry, to attract the environmental and water management in determining promotion matters for action in accordance with § 3a. It is to address these matters in particular before deciding on search on promotion as well as the development of guidelines in accordance with article 3.

(2) the recommendations of the Commission to decide on the application referred to in paragraph 1 are under consideration to the provisions of this Federal Act, to give the directives according to section 3 and financial coverage.

(3) for the activities of the members of the Commission to paragraphs 1 and 2, no compensation is provided.

Evaluation report

§ 3c. The Federal Minister for agriculture and forestry, environment and water management has success and efficiency of Development Affairs in accordance with § 3a in their protection, as well as in ecological and economic terms on a regular basis, but no later than every three years, to examine and to evaluate and to bring the Federal Chancellor, the Federal Minister of finance, and the National Council."

2. paragraph 34 together with the heading:

"Enforcement

§ 34. With the enforcement of this Act with regard to



1 of § 16 para 4 and of article 24 of the Federal Minister of Justice, 2 of article 30 the Federal Government, 3 of § 32 of the Federal Minister of Justice in consultation with the Federal Minister of finance, 4. the establishment and maintenance of water structures on the Danube, the March and the Thaya from the State border at Bernhardsthal until the March as well as on the Enns river km 2.7 to the mouth of the Danube and on the Traun river km 1.8 up to the mouth in the Danube and of sections 1 to 4, section 25, paragraph 7 and 8 and § 26 para 5 to 7, as long as a promotion in accordance with § 7, entrusted to the Federal Minister for transport, innovation and technology, 5. all other matters relating to the Federal Minister of agriculture and forestry, environment and water management."

3. section 35 is preceded by following heading:

"Entry into force and transitional provisions"

4. the section 35 be attached following paragraph 4 and 5:

"I no. 98/2013 (4) sections 3a to 3 c with headings, section 34 including heading, the heading to section 35, section 35 para. 5 and § 36 and heading as amended by Federal Law Gazette at the end of the day of the by-laws into force.

(5) at the time of entry into force of the regulation in accordance with § 3a pending promotion cases are continued by the entrusted clearing agency on the basis of the agreement in accordance with § 3a."

5. after section 35 the following section 36 and heading is added:

"Gender-neutral names

section 36. The name of the function used in this federal law are gender-neutral understanding."

Article 4

Amendment of the environmental management act

The environmental management Act (UMG) Federal Law Gazette I no. 96/2001, in the version of Federal Law Gazette I is no 99/2004, as follows changed:

1. paragraph 1:

„§ 1. This federal law is the issuing of accompanying regulations to Regulation (EC) No. 1221/2009 on the voluntary participation by organisations in a Community eco-management and environmental audit and repealing Regulation (EC) No. 761/2001, as well as the decisions of the Commission 2001/681/EC and 2006/193/EC (hereafter: 'EMAS regulation'), OJ "No. L 342 of December 22, 2009 s 1."

2. in Article 1a, paragraph 1 Z 2 is the quote "Article 4" by the quote "article 28 para. 2" replaced.

3. § 1a para 6 is as follows:

"(6) sectors are the outline levels on the basis of Regulation (EC) 1893/2006 establishing the statistical classification of economic activities NACE revision 2 and amending Council Regulation (EEC) No 3037/90 of the Council, as well as some regulations of the EC on specific areas of statistics, OJ" "No. L 393 of 30.12.2006 S. 1."

4. § 1a paragraph 8 reads:

"(8) expertise includes the General professional qualification, as well as the sectoral knowledge within the meaning of article 20 of the EMAS regulation."

5. in Article 1a, paragraph 10, the phrase "annex 4" by the phrase is in the last sentence "of annex 6 of the GewO 1994, BGBl. No. 194/1994, as last amended by Federal Law Gazette I no. 85/2012," replaced.

6. in § 2 para 3 Z 2 is the phrase "according to § 4 section 1 or section 16, paragraph 1, of the engineering Act 1990, BGBl. No. 461" by the phrase "pursuant to article 2 of the engineering Act 2006 - IngG 2006, Federal Law Gazette I no. 120/2006" replaced.

7. in article 2, par. 4 No. 2 lit. b is for the word "EMAS regulation" the word "or" by "and" replaced.

8 § 2 para 5 No. 1 is:



"1.

"an independent activity as Ingenieurkonsulent in accordance with section 1, paragraph 2 No. 2 of the civil engineers Act 1993 (ZTG), Federal Law Gazette No. 156/1994, or as a civil engineer in accordance with § 40 paragraph 2 ZTG as accountants in accordance with § 1 para 1 Nos. 1 and 3 of the management trust profession Act - WTBG, Federal Law Gazette I no. 58/1999, or as an attorney pursuant to section 1 of the legal order - RAO, RGBl. No. 96/1868;"

9. in section 2, para 5 No. 3 lit. e is the phrase "§ 7 para 4 lit. b of the Radiation Protection Act, Federal Law Gazette No. 227/1969 "by the phrase" § 2 para. 43 of the Radiation Protection Act, Federal Law Gazette I no 137/2004, as last amended by Federal Law Gazette I no. 35/2012 "replaced.

10. in section 2, para 5, Z 3 eliminates that lit. g. the lit. h is labeled g).

11. in section 2, para 5 No. 3 lit. g is the sequence of the words "§ 25 landfill Ordinance, BGBl. No. 164/1996" by the phrase "§ 35 landfill regulation 2008, Federal Law Gazette II No. 39/2008, in the version of regulation BGBl. II No. 455/2011" replaced.

12 § 3 para 1 No. 3 is:



"3. a suitable training in the areas of a) methodologies of environmental auditing within the meaning of article 20 para 2 lit. h of the EMAS regulation, b) management information and procedures within the meaning of article 20 para 2 lit. (b and i to the EMAS regulation, c) ecology and scientific bases, d) environmental law and contents of the EMAS regulation within the meaning of article 20 para 2 lit. a, c and d of the EMAS regulation e) General environmental technology within the meaning of article 20 para 2 lit. e and f of the EMAS regulation and environmental dimension of products within the meaning of article 20 para 2 lit. g and j of the EMAS regulation."

13 § 3 para 3 No. 2 is:



"2. a professional practice as a engineer or engineer HTL or HLFL engineer according to § 2 IngG 2006 in the amount of at least two years or" 14. In section 3 para 3 Z 4 is the phrase "in accordance with Regulation (EEC) no 1836/93 of 29 June 1993 allowing voluntary participation of industrial companies in a Community eco-management and audit scheme" is replaced by the phrase "in accordance with the EMAS regulation".

15. in section 3 para 4 No. 2 lit. the phrase "to the extent of maximum ten days" is b.

16 § 3 par. 4 No. 2 lit. c is as follows:



"(c) the independent implementation of certification audit ISO 14001."

17 § 3 para 5 No. 1 is:



"1 an independent activity as Ingenieurkonsulent in accordance with § 1 para 2 Z 2 ZTG or as a civil engineer in accordance with § 40 paragraph 2 ZTG as accountants in accordance with § 1 para 1 Nos. 1 and 3 WTBG or as an attorney pursuant to section 1 RAO;"

18. in section 3 para 5 No. 3 lit. e is the phrase "in accordance with § 7 para 4 lit. b radiation protection act, Federal Law Gazette No. 227/1969 "by the phrase" in accordance with § 2 paragraph 43 of the Radiation Protection Act, Federal Law Gazette I no. 137/2004, as last amended by the Federal Act Federal Law Gazette I no. 35/2012 "replaced.

19. in section 3, para. 5, Z 3 eliminates that lit. g; the lit. h is labeled g).

20. in section 3 para 5 No. 3 lit. g is the sequence of words "§ 25 landfill Ordinance, BGBl. No. 164/1996" by the phrase "§ 35 of the landfill Ordinance 2008, Federal Law Gazette II No. 39/2008, in the version of regulation BGBl. II No. 455/2011" replaced.

21 paragraph 6 deleted § 3.

22 § 4 para 1 No. 3 is:



"3. a test of basic knowledge in the fields of a) methodologies of environmental auditing within the meaning of article 20 para 2 lit. h of the EMAS regulation, b) management information and procedures within the meaning of article 20 para 2 lit. (b and i to the EMAS regulation, c) ecology and scientific bases, d) environmental law and contents of the EMAS regulation within the meaning of article 20 para 2 lit. a, c and d of the EMAS regulation, e) General environmental technology within the meaning of article 20 para 2 lit. e and f of the EMAS regulation and environmental dimension of products and services within the meaning of article 20 para 2 lit. g and j of the EMAS regulation."

23. in section 4, paragraph 2, first and second sentence replaces the phrase "Economics and labour" by the phrase "Economy, family and youth".

24 paragraph 4 section 3:

"(3) the Federal Minister for agriculture and forestry, environment and water management can further rules for the assessment of the technical qualification in the sense of paragraph 1, in particular in terms of referring to documents, the review of the organizational structures of the environmental verifier, in agreement with the Federal Minister of economy, family and youth with regulation review basic skills as well as the sectoral knowledge, the training of basic skills" ", adopt the practical verification of skills required, the sequence of the vocational skills examination and qualification of environmental verifiers that validate reports from organisations, apply the other environmental management systems equivalent to EMAS,"

25. in article 5, paragraph 1 Z 2 is the phrase "in accordance with annex V of paragraph 5.2.1" by the phrase "pursuant to article 20 paragraph 5" replaced, as well as for the word "meets" the phrase "as well as a statement of the legal status that gives ownership and funding sources" added.

26. in article 5, par. 2 Z 1 is the phrase "according to annex V of paragraph 5.2.1" by the phrase "pursuant to article 20 paragraph 7" replaced.

27. in article 5, par. 2 Z 2 is the phrase "in accordance with annex V of paragraph 5.2.1" by the phrase "pursuant to article 20 paragraph 5" replaced.

28 § 5 para 2 No. 3 is:



"3. at least a senior environmental verifier has, which according to the § § 2 and 4 para 1 No. 3 meets the requirements and makes a statement about the legal status, ownership and the sources of funding," 29. In § 5 para 2 Z 5 is the phrase "Annex V paragraph 5.2.1" by the phrase "article 20 paragraph 5" replaced.

30 paragraph 5 paragraph 5:

"(5) the approval shall include the power to grant para. 3 and art. 45 of the EMAS regulation certification certificates according to the certification procedures recognised by the European Commission in accordance with article 4. It includes the power to issue certificates of certification according to EN ISO 14001:2004."

31 paragraph 5 paragraph 6:

"(6) the authorisation includes also the power to validate reports from organisations applying other equivalent EMAS environmental management systems, when a senior environmental verifier or individual accreditation has the necessary sectoral knowledge and is approved. The report may be declared only for valid, if the senior environmental verifier or individual accreditation has the independence and integrity in the sense of the EMAS regulation."

32. the section 5 paragraph 7 receives the sales designation (8).

33. in article 5, the following paragraph 7 is inserted:

"(7) the authorisation includes also the authority for conducting environmental verifiers and individual accreditation, energy management systems according to ISO standards to certify 50001:2011 and to issue a certificate, if a senior environmental verifier or individual accreditation has the sectoral knowledge."

34. in article 6, paragraph 1 Z 2 is the phrase "according to the EMAS regulation annex V paragraph 5.2.1" by the phrase "pursuant to article 20 para. 5 of the EMAS regulation" replaced.

35. § 6 the following paragraph 3 is added:

"(3) in accordance with article 25 environmental verifier must make a statement on the review and validation activities in accordance with annex VII of the EMAS regulation para 9 of the EMAS regulation."

36. paragraph 7:

"§ 7 admission Board for environmental verifiers in accordance with article 2 Z 31 of the EMAS regulation is the Federal Minister for agriculture and forestry, environment and water management." The Federal Minister for agriculture and forestry, environment and water management is responsible for the approval of environmental verifiers, who act in accordance with article 27 of the EMAS regulation in third countries. The Federal Minister for agriculture and forestry, environment and water management may adopt by regulation. more detailed provisions on the admission of environmental verifiers, who want to be active in third countries "

37. § 9 para 2 No. 1 is:



"1. type and description of the activity through which the sectoral knowledge, obtained with independent ISO to demonstrate 14001 audits in the context of each requested NACE codes or EMAS accompaniments or environmental audits to the extent of at least 20 days;"

38. paragraph 3 is eliminated § 9.

39. in article 10, paragraph 1, second sentence is replaced by the phrase "in article 23 of the EMAS regulation" the phrase "of annex V of the EMAS regulation".

40. in section 10, paragraph 4, the phrase "pursuant to annex V § 5.4 and 5.5 of the EMAS regulation" is replaced by the phrase "according to articles 25, 26 and 27 of the EMAS regulation".

41. a new paragraph 4a shall be inserted § 10:

"(4a) the supervision according to this law accreditation are subject to, in the sense of the UMG register VO, Federal Law Gazette II No. 152/2012 (in the following UMG register VO), become active." At the request of the approval authority, the environmental verifier has to furnish all necessary information to verify. In the exercise of activities by environmental experts on the basis of other legal regulations environmental verifier, the supervision of the admission Board are subject to."

42. in article 10, paragraph 5, of the term "Federal Minister for Economics and labour" is replaced by the term "Federal Ministry of economy, family and youth".

43. in article 11 the following sentence is added:


"This also applies to reports in accordance with § 5 paragraph 6."

44. § 12 para 1 subpara 1 is:



"1. the environmental verifier registered environmental assessor list in accordance with § 14 at the Federal Ministry of agriculture and forestry, environment and water management in accordance with article 23 paragraph 2 of the EMAS regulation, unless they sign their activities of the approval four weeks in advance," 45. In article 12, paragraph 1, the point will be replaced at the end of the No. 2 by a comma; following Z 3 and Z 4 shall be added:



"3. environmental verifiers, who have authority of § 5, paragraph 6, provided that they report the details no later than four weeks prior to a reviewer of the admission Board or"

4. environmental verifiers, who are working in a third country in accordance with article 27 of the EMAS regulation, unless they at least six weeks in advance to sign incorporating the reviewer DMV. "

46. in article 13, paragraph 1 Z 3 is the phrase "Annex V paragraph 5.2.1" by the phrase "article 20 paragraph 5" replaced.

47. in article 13, paragraph 1 Z 5 replaces the word "or" a "comma".

48. § 13 para 1 No. 6 is:



"6. the environmental verifier a flawed statement in accordance with annex VII issued the EMAS regulation or ' 49. 7 following Z is added in article 13, paragraph 1:



"7. the environmental verifier reports from organisations applying other equivalent EMAS environmental management systems, has declared despite serious flaws to be valid."

50. in article 13 para 2 Z 3 is the phrase "in accordance with annex V of paragraph 5.2.1 of the EMAS regulation" by the phrase "in accordance with article 20 par. 5 of the EMAS regulation" replaced.

51. paragraph 14 paragraph 1:

"(1) the admission Board has a list of approved environmental verifiers, divided into environmental individual appraisers and environmental expert organisations, to paragraph 8 of the EMAS regulation in accordance with article 28, which has to contain:"



1. name or organization name;

2. professional address including telephone number, fax number and E-Mail address;

3. identification of the sectors within the meaning of § 1a paragraph 6, for which the environmental verifier is approved;

4. registry number.

The list is automatically in the meaning of § 1 para 3 and § 6 of the data protection act, BGBl. I to lead No. 165/1999, and to publish on the Internet page "emas.gv.at". The Admissions Office has monthly update also the environmental evaluators list and to submit to the European Commission."

52. the title of III section is as follows:

"Management of registers of registered organizations"

53. paragraph 15 paragraph 1:

"(1) which is for the leadership of the EMAS register of registered organizations 3 and 11 of the EMAS regulation (EMAS register) according to the article authority of the Federal Minister for agriculture and forestry, environment and water management, which in fulfilling this task in accordance with § 6 par. 2 Z 25 of the environmental control Act, Federal Law Gazette I no. 152/1998, of the German Federal Environment Agency served." For the registration of organisations that have their head office outside the European Union, the Federal Minister for agriculture and forestry, environment and water management regulation may lay down further provisions."

54. in article 15, paragraph 2, the phrase "EMAS organisation directory" is replaced by the phrase "EMAS Register".

55. in article 15, paragraph 3, the word "organization directory" is replaced by the phrase "EMAS Register".

56. paragraph 15 paragraph 4:

"(4) authorities are the authorities to the implementation of the environmental provisions including the authorities of first instance appointed to the punishment due to administrative offences of these environment-related regulations under article 2 Z 26 of the EMAS regulation. These have promptly to inform the competent authority thereof having regard to breach existing relevant regulations registered organizations."

57. in article 15, the following paragraph 4a is inserted:

"(4a) authorities, who are responsible, including the authorities of first instance, appointed to the punishment due to administrative offences to the implementation of the environment-related provisions have immediately after taking notice of breach existing relevant regulations on the site by organizations that are registered to notify the competent authority in accordance with article 15, paragraph 1 in a register in accordance with section 15 para. 5."

58. paragraph 15 paragraph 5:

"(5) the Federal Ministry of agriculture and forestry, environment and water management can arrange the leadership of another national register of organizations that apply equivalent environmental management systems EMAS regulation and normalize further criteria for registration in this register. The Federal Minister for agriculture and forestry, environment and water management of the service provider themselves for the leadership of other national registries according to the UMG can register VO. For the management of this register is. the Environment Agency GmbH service provider"

59. the heading of section 16 is:

"Registration or refusal of registration of organizations"

60. in article 16, paragraph 1, the word "Directory" is replaced by the word "Register".

61. in article 16, paragraph 1a is replaced by the phrase "EMAS Register" the phrase "EMAS organisation directory".

62. in article 16, paragraph 1a No. 2 the phrase "on the basis of annex VIII" is replaced by the phrase "on the basis of annex VI".

63. in § 16 par. 1a No. 3 is the phrase "those of annex I" replaced by the phrase "those of annex II".

64. § 16 par. 1b is:

"(1B) is an organisation under the allocation of a number in a to enter a register after the UMG register reg if the requirements laid down in this regulation are met and the organization makes information according to annex VI of the EMAS regulation."

65. the introductory part of article 16 paragraph 1 c is as follows:

"(1C) receives the competent authority based on its own review or announced by a reporting authority aware of any breach of relevant regulations of an organization, is the entry to refuse, except that"

66. in article 16, paragraph 2 to 8 are eliminated.

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

"Deletion and suspension of registration of organizations"

68. paragraph 16a:

"article 16a. (1) an organization is to delete register VO furnished registers, if the competent authority on the basis of its own review or announcement gained knowledge through a reporting authority by breach of relevant environmental legislation of the organization with notification from the EMAS register or the after of the UMG, unless that



1. the lawful State has been established, 2. any damages to the environment have been eliminated and 3. adequate arrangements have been made so that no renewed breach of environmental legislation can be expected.

(2) the Federal Minister for agriculture and forestry, environment and water management has to suspend registration with notice of the requirements of article 15 par. 3 of the EMAS regulation or to delete.

(3) the registration of an organization that is registered in a registry referred to in the UMG register VO is suspended with notice or deleted if the registration requirements of section 3 of the UMG no longer register VO.

(4) an organization is to delete register VO if known is that of environmental verifiers in the course of its activities, which has resulted in the registration of the Organization, against the requirements of the EMAS regulation or the requirements of UMG has failed to register VO and that's why his license was lifted by a decision from the EMAS register or a register after the UMG.

(5) the competent authority is entitled to suspend an organization registered pursuant to § 15 temporarily until a decision on a possible deletion of the organisation from the register if violations of relevant regulations were known or became known, that the requirements of section 16 are no longer met para 1a or 1B.

69. According to article 16a, a new paragraph is inserted 16 b. The heading of section 16 is b:

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

70. paragraph 16B:

"16. (1) the procedures for registration, as well as to the refusal, cancellation and suspension of registration of EMAS organisations or organisations that are registered with register VO register according to the UMG has the affected organization and the environmental lawyer having local jurisdiction is located, party position in accordance with § 8 AVG or are to hear authorities after the Federal regulations for the protection of the environment." In the proceedings to the registry or to the refusal to register, the environmental verifier is to hear.

(2) the environmental lawyer is authorized to enforce compliance with the legislation of the EMAS regulation and this Federal Act through the registry, as well as to the refusal, cancellation and suspension of a registration in the interests of ensuring a legitimate and high-quality system of environmental assessment and registration, and the improvement of the environmental performance of organisations as subjective rights in the procedure associated.


(3) from the registration, cancellation, refusal and suspension of registration are the relevant lines of the Organization, under the legislation of the Federal Government for the facilities of the Organization immediately reported to the authorities within the meaning of § 15 para 4 and the competent authorities the competent authority. The competent authority has to update further the register pursuant to § 15 monthly and transmit the EMAS register at the European Commission. Access to the registers electronically is set up for the DMV. The EMAS register and under the UMG register VO furnished register can be done automationsunterstützt in the sense of § 1 para 3 and § 6 of the data protection act, Federal Law Gazette I no. 165/1999,.

(4) an organization registered pursuant to section 15 of requesting the cancellation or suspension, has only the Organization of party status and the consultation of the competent authorities is not necessary. In the event of suspension, one is to set a reasonable time limit by a maximum of one year. After the deadline, the competent authority shall again to check the existence of the conditions for maintaining the registration.

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

71. in article 17, paragraph 1, the phrase "Article 6 of the EMAS regulation" is replaced by the phrase "Article 13 of the EMAS regulation".

72. in article 17, the following paragraph 1a is inserted:

(1a) which has authority for conducting another register pursuant to § 15 para 1 in the registration process to obtain information about the conformity of legislation with the authorities (§ 15 para 4). The Authority (§ 15 para 4) shall within a period of six weeks writing, whether a breach of environmental regulations is known at the time of the request or an administrative penal proceedings is pending."

73. the heading of section 18 is as follows:

"Publication of the environmental statement and the reports of organizations that apply other equivalent EMAS environmental management systems"

74. paragraph 18 paragraph 1:

(1) which are for valid declared environmental statement and the reports of organizations that apply other equivalent EMAS environmental management systems, declared valid by the organisations in question within three months after receipt of the understanding of the registration by the competent authority to publish unsolicited in an appropriate manner.

75. paragraph 19 paragraph 2:

"(2) for the relating to the registration and the renewal of registration of EMAS organisations and organisations, the equivalent EMAS environmental management systems apply special administrative charges are incurred expenses to be paid, which to set environmental and water management in consultation with the Federal Minister of Finance according to the administrative burden in lump sums with regulation by the Federal Minister of agriculture and forestry,."

76. in article 21, paragraph 1, no. 2 is replaced by the phrase "in a registry referred to in article 15" the phrase "in an organization directory in accordance with article 16".

77. § 21 para 1 No. 4 is:



"4. the environmental statement or reports from organizations that use other equivalent EMAS environmental management systems, presented" 78. Article 21, paragraph 1 is Z 5:



"5. the replacement of machines, devices, or equipment carried out similar machines, devices, or equipment. Machines, devices, or equipment are if your intended use corresponds to which the machines in the plant, equipment or fittings and the effects to be expected from them do not adversely affect the emission behaviour of the system. period "

79. in article 21, paragraph 1, the two last sentences account for no. 7.

80. in article 21, para. 3, the phrase does not apply "and the Declaration of the environmental verifier (para. 1 sub-para. 5)".

81. in section 21 eliminates the para 6 to 8; Paragraph 9 receives the sales designation (6) and is:

"(6) authority within the meaning of this clause is the district administrative authority."

82. in section 21a, the phrase "a directory in accordance with § 16" is replaced by the phrase 'a register pursuant to § 15'.

83. paragraph 22, section 1:

"(1) at the request of an organization that is registered pursuant to § 15 in a register, the authority has after federal dining legal approvals applicable investment rules in a communication to summarize all for the conditioning of a site or a part of the system." They are permits in the prescribed federal regulations for the admissibility of the execution of a project and the commissioning of a plant or plant parts official acts or omissions, such as in particular authorisations, acknowledgments, grants or findings. Contact legal force of the consolidated ruling the permit notifications override thus collected. The consolidated permit is regarded as approval after the investment-related regulations of all federal."

84. in article 22, paragraph 2 is the comma at the end of the Z 5 by the word "and" replaced. In section 22, paragraph 2, no. 6 is replaced by the phrase "in accordance with annex III of the EMAS regulation" the phrase "in accordance with annex II of the EMAS-V"; the No. 7 is eliminated.

85. in article 23, paragraph 1, no. 1 is the word order (art. 2 lit. (e EMAS-Verordnung) determined, and "is determined by the sequence of words"(Anhang I der EMAS-Verordnung) and "replaced.

86. in § 23 para 1 subpara 1 lit. d is the parenthetical expression (article 2 lit. 1. EMAS regulation) "by the parenthetical expression"(Art. 2 Z 16 der EMAS-Verordnung) "and the name"Organization directory"is replaced by the phrase"EMAS Register"."

87. in article 24, the word order is "for a directory in accordance with § 16" by the phrase "for those in the EMAS register" and the phrase "according to the EMAS regulation annex I.A" by the phrase "in accordance with annex II A. 4.1 the EMAS regulation" replaced.

88. paragraph 25 paragraph 2:

"(2) an organization that is registered in a register pursuant to § 15, according to the E-PRTR accompanying Regulation (E-PRTR-BV), Federal Law Gazette No. 380/2007, obliged, their emissions to report, as the authority responsible for the monitoring of the system on the test of match this data with the results of administrative control can be limit II, provided the environmental verifier has proven conducted a check on completeness, consistency and credibility in accordance with § 5 E-PRTR-BV is."

89. in article 26, paragraph 2 the expression "Environmental information law" is at the end of the No. 1 by the phrase "of the environmental information Act, Federal Law Gazette No. 495/1993, and" and the word "and" at the end of the Z replaced 2 by a point; the No. 3 is omitted.

90. paragraph 28:

"section 28. The Federal Minister for agriculture and forestry, environment and water management has to report the National Council every five years on the application of the EMAS regulation and enforcement of the Federal law."

91. paragraph 29 introductory part:

"Unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts, commits an administrative offence and is to punish, with a fine of at least 360 euro 36 340 euro who as"

92. paragraph 29 No. 1:



"1. environmental verifiers against chapter V which is EMAS regulation or section 6, or report contrary to the requirements of UMG register VO, Federal Law Gazette II No. 152/2012, validated;"

93. in section 29 is the No. 2; the Nos. 3 and 4 will receive the designation "2" and "3.". In section 29, the expression "Article 8" Z 2 is replaced by the expression "Article 10".

94. paragraph 31 paragraph 2:

"(2) in accordance with article 51 para 2 lit. the EMAS regulation remain registered organizations, registered in accordance with Regulation (EC) No. 761/2001, in the EMAS register."

95. paragraph 31 para 3:

"(3) up to the entry into force of a regulation according to § 4 para 3 and § 19 para 1 and 2 apply the State place a transmission fees regulation, BGBl. No. 749/1995 and the environmental verifier registration fees regulation, Federal Law Gazette No. 191/1996, as federal laws."

96. paragraph 33 No. 1:



"1. with regard to the designation of qualified experts for the expert list according to § 4 paragraph 2 in agreement with the Federal Minister of economy, family and youth," 97. Article 34 is eliminated.

Article 5

Amendment to the water law Act 1959

The Water Act 1959, BGBl. No. 215, last amended by Federal Law Gazette I no. 97/2013, is amended as follows:

1. paragraph 7:

„§ 7. The use of waters to the drift wood is subject to the provisions of this Federal Act approval after."

2. after section 29 the following section 29a and heading shall be inserted:

"Measures on the occasion of the final setting of the activity or the dissolution of plants in which some industrial activities are carried


section 29a. (1) operators of plants, in which one or more in annex I of Directive 2010/75/EC on industrial emissions (integrated pollution prevention and control of pollution), OJ No. L 334 of December 17, 2010 S 17, as amended by the amending OJ No. L 158 of 19 June 2012 S 25, carried out specified activities, have the status of groundwater pollution by relevant dangerous substances which have been used, generated or released, through the system - without prejudice to § 29 - at definitive cessation of activities to evaluate (section 134a) one last time.

(2) in the case of final cessation of activities of a plant, that annex I of Directive 2010/75/EC, is subject to the operator of this plant has, where necessary, to set the respective measures according to Z 1 and 2 or 3:



1. If there is a report on the initial state in accordance with article 134a, para. 1, and if the system caused significant groundwater contamination with dangerous substances in comparison to the condition specified in the report on the State of the output, the plant operator - taking into account the technical feasibility - all necessary measures to eliminate this pollution has to put to the plant site in the report on the initial state (section 134a par. 1) due to the State.

2. If there is a report on the initial state in accordance with section 134a, paragraph 1 and provided that as a result of approved activities of the operators already before January 7, 2013, caused groundwater pollution at the plant site have a serious threat to human health or the environment, the plant operator has the necessary measures for the elimination, prevention, to take containment or reduction in relevant hazardous substances, so that the plant site under consideration pose no such danger more current or approved future use.

3. a report on the initial state in accordance with section 134a, paragraph 1 does not exist, because the approval still not been updated or no obligation of the operator to the preparation of a report on the initial state, nevertheless has the operator for the plant grounds the necessary measures for the elimination, prevention, containment or reduction of relevant hazardous substances to meet, thus the plant grounds, taking into account his current or approved future use as a result of approved similar activities , no serious threat to human health or the environment represent more.

(3) all necessary based on last assessment measures referred to in paragraph 2 are notified to the competent authority for definitive cessation of activities with submission of the appropriate documentation. The operator has the required pursuant to subsection 2 measures under making a reasonable decision to apply. Section 29 para 4 shall apply mutatis mutandis."

3. § 30e para 3 second sentence reads:

"These specifications to the gradual achievement of target are in the administrative procedure for the assessment of to water management order, be in the public interest to attract."

4. in paragraphs 31, the term "54" by the designation "55 g para 1 subpara 1" is replaced each c paragraph 5 and 33 b para 6.

5. in section 31c paragraph 5 last sentence is omitted the phrase "for deep probes".

6. in paragraph 32, the following sentence is inserted after the second set b paragraph 4:

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

7. in article 33, the following last sentence adds b paragraph 1:

"In an approved sewage the effect or taking into account the cleaning performance of a wastewater treatment plant in determining the emission limit values of the installation concerned can are included in effluents, unless a total equivalent level of environmental protection is ensured and there will not be a higher impact on the environment."

8. in article 33, the following last sentence adds b para 6:

"For a plant at the one performed by the industrial activities referred to in annex I of to Directive 75/2010/EU are stricter regulations to prescribe, even if a decision of the European Commission about a conclusion to the best available techniques (BAT - conclusion) contains stricter emission values, this but not been implemented a regulation."

9. in paragraph 33 (b) of paragraph 10, the last three sentences are replaced by following two sets:

"There is the possibility for making an official complaint (section 116).

Is for a system in which a less strict emission limit value as in a bat conclusions is one called industrial activity performed in annex I of to Directive 2010/75/EC, conceded, to make available to the public via the Internet this information, as well as the reasons for the exception by the competent authority."

10 § 33c paragraph 1 reads:

"(1) in determining emission regulation according to § 33 b paras 3 and 4 has the Federal Minister for agriculture and forestry, environment and water management ten years not exceeding time limits for the first time General adaptation of existing plants as well as for the adjustment in paragraph 6 Z 1 investments referred to determine."



The party entitled to water has two years after entry into force of the regulation or, where appropriate, an Ordinance of the Governor gem. § 55 to shut down g para 1 No. 2 of the water authority in respect of the facilities subject to rehabilitation or plant components to present a renovation project for the water permit or the system with the remediation deadline laid down in a regulation."

11 § 33c paragraph 6 reads:

"(6) without prejudice to section 21a are for existing installations, for which already a general adjustment obligation according to § 33 c, raised only to make more restructuring in the event of a new regulation in accordance with § 33 (b) par. 3 and 4, if"



1. it is plants, that in annex I to the directive industrial activities referred to perform one 2010/75/EC, or provided 2. a regulation pursuant to section 55 g para 1 No. 2."

11A. in § 33 para 2 g is replaced the designation "2015" "2021" the designation.

12 paragraph 34 paragraph 7:

"(7) the enforcement of a regulation adopted pursuant to paragraph 2 or 2a is whether the district administrative authority. Need a grants pursuant to par. 2 - or notifiable measure of still further, water permit falling within the competence of the Governor or the Federal Minister of agriculture and forestry, environment and water management, so that authority is responsible."

13. in article 53, paragraph 1 first sentence after the word "Realization" is the phrase "water management objectives, in particular" added.

14. in § 55 para 2 lit. the phrase "to water framework directives in accordance with article 54" and the preceding comma is e.

15 § 55 para 2 lit. f and g are:



"(f) (representing management interests compared to other planning bodies and authorities, g) the assessment of projects on consistency with water management plans and objectives, in particular to safeguard the interests of the drinking and utility water supply in the country."

16. in article 55, paragraph 5, first sentence after the word "listen" the comma is replaced by a point and is eliminated "in the case of party status (article 102, paragraph 1 lit h) to consult the phrase.".

17. in section 55f para 1 first sentence is after the word "Achieve" the phrase "water management objectives, in particular" added.

18 first sentence is § 55 g para 1 No. 2:

"Deadlines for adapting a in accordance with section 33 b prescribed state of the art for existing facilities that already have adapted to the State of the art, to set."

19 § 55 g para 3 first sentence is replaced by the following sentences:

"(3) rulings are allowed only in accordance with the national water management plan (programme) as well as with on this based regulations (par. 1 Z 2 to 5) be adopted." "The approval one with a regional water management programme (par. 1 Z 1) contradicts the undertaking is permitted only if the public interest in the action outweighs that to comply with the Regionalprogrammes."

20 section 55j para 2 Z 1lit. c is as follows:



"(c) systems, performing so-called industrial activities in annex I of to Directive 75/2010/EU" 21 § 55 k para 4 No. 3 is:



"3. plants that perform called industrial activities in annex I of to Directive 75/2010/EU, and potentially affected protected areas according to § 59 b Nos. 1, 3 and 5;"

22. in article 55n, para. 3, first sentence, is the phrase "according to § 55 m" is replaced by the phrase "on at least six weeks according to the § 55 m procedure".

23 § 55 p para 1 is as follows:


"(1) the Federal Minister for agriculture and forestry, environment and water management shall by regulation adopt programmes for the progressive reduction and preventing further pollution of the waters (§ 30) through direct or indirect discharges of nitrogen compounds from agricultural sources. These programs have taken measures, to include procedures and practices particularly concerning Düngeverbotszeiträume, the application of nitrogen-containing fertilizers on agricultural land and the capacity of containers for the storage of manure. These programs ensures that in farms of farmyard manure applied on the ground, including the connection itself put forward by the animals, does not exceed a maximum of 170 kg of nitrogen after deduction of the stables and storage losses per hectare per year. These programs are generally in the public interest to keep."

24. in § 55 p, the second and third paragraphs are eliminated. Paragraph 4 is labeled "2".

25. in section 55 p para 2 is omitted the phrase "last record" and the names "Paragraph 3" by the terms "Paragraph 1" are replaced respectively.

26 in section 59a, paragraph 1, the term 'Directive 96/61/EC' is replaced by the designation 'Directive 2010/75/EC'.

27. in article 99, paragraph 1 the lit is eliminated. (f). The previous lit. e receives lit the designation "d" and the previous. h is named 'e'.

28 section 100 paragraph 3 following sentences shall be added:

"In the case of the assistance of the depositories Commission pursuant to § 104 paragraph 3 a fees reasonable in relation to the efforts and the time required which the applicant of the procedure to carry to worked increasingly for the Commission (non-official) members and consulted experts. To these fees, § 76 AVG shall apply. The authority can apply the applicant by decision, after examination of the factual and accounting accuracy by the authority directly to pay these costs."

29. in paragraph 102, paragraph 1 lit. g the phrase replaced "A water management framework available (§ 54) or a" by the word "a".

30. in paragraph 102, paragraph 1 lit. h is the point replaced by a comma and appended the phrase "in accordance with the § 55 ABS. 5.".

31. in article 104, paragraph 1 lit. the phrase "with a water management framework available (§ 54)" and the comma are h.

32. paragraph 104a para 3 first sentence reads:

"In the context of the review of public interests, in particular with regard to the compatibility of the project with water management plans and objectives, the water planning authority is proven to take."

33. the existing paragraph in section 130 is named (1); him be added following paragraphs 2 to 4:

"(2) water routes in areas of dense settlement, many water systems or more frequent floods are to undergo an inspection. § 133 paragraph 6 shall apply mutatis mutandis. The Governor has the inspection perform or to appoint subordinate authorities, otherwise considering upcoming services, water associations or water cooperatives. A survey can be carried out if necessary, also at the request of one of the parties.

(3) the inspection is to perform (art. 133), that it conveys the necessary overview of the State of the water and its banks, the existing protection and regulatory structures, Wasserbenutzungs - and other water systems, including the one mentioned in section 38, and about the pollution of the water. The understanding of the inspection has to be in by analogy with application of §§ 131, para 4 and 133 paragraph 1. The result of the inspection is to put in writing.

(4) for plants or plant types which are covered in Directive 2010/75/EU – through an environmental inspection plan, which has to be water supervision, as well as the inspection in coordination with environmental inspection programmes established on the basis of this plan. The water authority is to consult in drawing up the programmes. The Federal Minister for agriculture and forestry, environment and water management can set the contents to be examined within the framework of an environmental inspection and criteria concerning emissions and impacts these plants on water regulation. These data are part of the water information system (section 59)."

34. Article 134a is named "§ 134 b" and section 134a (new) is together with the heading:

"Report on the State of the output

section 134a. (1) every operator of a facility where one or several carried out in annex I of Directive 2010/75/EC, when in one of his activities relevant hazardous substances are used, generated or released, before is a system newly put into operation or the existing consensus for a plant - in any case, to adapt to the State of the art - renewed or updated , a report on the initial state of the site of the installation with regard to a possible contamination of groundwater to create or build at his own expense by experts or appropriate institutions to be and - usually electronically - to send the competent authority (as part of the project). A possible water litigation with the authority responsible for the investment approval is no water law with provisions is intended to coordinate.

(2) the Federal Minister for agriculture and forestry, environment and water management has with regulation the content and scope of information on uses of the site of the installation, existing or new (groundwater) measurements or more surveys to groundwater pollution, as well as with regard to the possibility of contamination by relevant dangerous substances (in accordance with article 3 of Regulation EC No. 1272/2008 on classification, labelling and packaging of substances and mixtures) , OJ No. L 353 of December 16, 2008 S 1) and to define scope of data, data formats and data interface. Data must be made available the competent authorities for the approval and monitoring/supervision of installations referred to in paragraph 1 / to provide. The report is part of the electronic register of pressures and impacts (section 59a) furnished part of WISA (section 59).

(3) the system operator has to leave (regular monitoring), if the competent authority does not, taking into consideration special circumstances requires shorter time intervals at his own expense monitor activities carried out (para. 1) at intervals of at least five years by experts or appropriate institutions the State of groundwater in regard to a possible contamination due to him on the plant site. A recurring is monitored on the basis of a systematic assessment of the risk of pollution, the authority may require appropriate time intervals. The final setting of the activity or the dissolution of assets (§ 29a), the plant operator has conducted assessment of the current status of groundwater pollution due to relevant hazardous substances which were used, generated by the facility or released, to present the authority responsible for the decommissioning process. No water law with provisions, a possible water litigation with the authority responsible for the authorisation of plant is to coordinate."

35. in article 137, paragraph 1 Z 1 is inserted after the term "§ 29 section 7," the term "article 29a par. 3,".

36. in article 137, paragraph 1 Z 1 is used a comma after the phrase "Notification" and inserted the phrase "despite the previous request not complete".

37. in article 137, paragraph 1 Z 5 is used a comma after the phrase "final arrangements" and inserted the phrase "according to § 29a to the setting of the necessary measures for definitive cessation of activities".

38. in article 137, paragraph 1 Z 15 adds the phrase "Taken review or recording orders, or in accordance with section 33f para 6" after the term "article 33f para. 3". Furthermore shall not be under the designation "section 55 p" the term "para 2 last sentence".

39. in article 137, paragraph 1 Z 22 is the word "or" is replaced by a comma and inserted after the term "section 134" the phrase "or section 134a".

40. in article 137, paragraph 1, the semicolon is replaced by a dot Z 25. Z 26 is eliminated.

41. in article 137 para. 3 Z 2 is used by the name of "article 29" a comma and inserted the name "§ 29a".

42. in article 145, the following paragraph 12 is attached:

"(12) I contact no. 98/2013 paragraphs 23 to 25 (§ 55 p) and Z 27 (§ 99) as amended by Federal Law Gazette 1 January 2014 force."

43. in Annex G, 4 is inserted after Z 3 following Z, the existing paragraphs 4 to 11 will receive the numbering 5-12:



"4. comparable processes, facilities or methods of operation which have been tried with success on an industrial scale"

44. in Annex G, Z 12 is omitted the phrase "by the Commission in accordance with article 16, paragraph 2 of Directive 96/61/EC on the integrated prevention and reduction of environmental pollution or".

Fischer

Faymann