Change Of The Gewerbeordnung 1994

Original Language Title: Änderung der Gewerbeordnung 1994

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85. Federal Law, which amalgated the 1994 trade order

The National Council has decided:

The Industrial Regulations 1994-GewO 1994 (WV), BGBl. No. 194/1994, as last amended by the Federal Law BGBl. I No 85/2012, shall be amended as follows:

1. In § 2 para. 1 Z 13 the phrase "sheltered workshops" through the phrase "Integrative enterprises" replaced.

2. In § 78 (1), second sentence, the word order shall be "Modest about the appeal" through the phrase "Recognition of the complaint" replaced.

3. In § 78 (1), third sentence, § 88 (2), § 125 (5), § 135 (6), § 347 (3), § 348 (2) and § 361 (3), the word shall be given in each case. "vocation" by the word "Complaint" replaced.

Section 78 (2) shall be repealed.

§ 79c reads:

" § 79c. (1) The prescribed conditions must be waived or amended if, after the imposition of conditions, it is established that the prescribed conditions are not required for the interests to be met in accordance with Section 74 (2) or for which the requirements are fulfilled. These interests can also be perceived by the owners of the plant, which can be found to be less burdensome. § 77 shall apply mutatily, and § 77a shall also apply mutasensitily to the operating facilities listed in Appendix 3 to this Federal Act.

(2) derogations from the notification of approval, including its components, shall be permitted with a decision, provided that the protection of the interests to be carried out in accordance with section 74 (2) does not preclude, if necessary with the repeal or amendment of Mandatory requirements or additional requirements. § 77 shall apply mutatily, and § 77a shall also apply mutasensitily to the operating facilities listed in Appendix 3 to this Federal Act.

(3) The Authority shall initiate proceedings pursuant to paragraph 1 or 2 at the request of the holder of the plant. In the request, the existence of the conditions shall be credible, otherwise the application shall be rejected.

(4) The substantive approval of the material law to be applied in accordance with this Federal Act or by other administrative provisions of the Federal Republic in the case of the granting of the authorization.
(Bewilligungs-) Regulations shall be applied in the procedures referred to in paragraph 1 or (2). "

6. In accordance with § 79c, the following § 79d is inserted:

" § 79d. (1) On the occasion of an operational takeover, the acquiring owner of the plant may request that he be sent a summary of the code relating to the approval of the plant pursuant to this Federal Act. At his request, copies or printouts of the approval notices referred to therein, including the components thereof, shall be transmitted to him at his expense, including the components of the permit referred to in § 359 (2 The application must be submitted no later than six weeks after the company has been taken over.

(2) Within six weeks of the submission of the compilation as referred to in paragraph 1, or within six weeks after the takeover, the receiving holder of the operating facility may request that:

1.

a procedure is carried out in accordance with Article 79c (1) or (2),

2.

certain conditions prescribed in accordance with § 77, § 79, § 81 (1) or (2) (2) (7) must be complied with by the authority of the competent authority only after the expiry of a reasonable period of three years, if the receiving holder of the Operating system (e.g. due to the costs associated with the acquisition of the company), compliance with these requirements is only economically reasonable within this period and no concerns from the standpoint of the protection of those in § 74 are not possible. (2), the provisions of paragraph 2 of this Regulation

(3) The time limits laid down in paragraph 2 (2) and section 79 (1) may not exceed a total of five years.

( 4) In the application, the existence of the conditions pursuant to paragraph 2 is to be made credible, otherwise the application must be rejected.

(5) If a request has been made pursuant to paragraph 2, other procedures under this Federal Act, in which the conditions or parts of the approval certificate covered by the application are also to be applied, shall not be applicable until the legal force of a decision on the application is only to the extent that this is necessary in order to avoid endangering the life or health of persons. "

7. In § 81 paragraph 2 Z 1 the expression "§ 78 (2)" by the expression "§ 79c (2)" replaced.

8. In § 81 (2) the following Z 7 is inserted:

" 7.

Changes which do not adversely affect the emissions performance of the plant to the neighbours and which, due to the particular situation of the individual case, suggest that the situation should be met at all or if necessary to comply with the requirements of the individual case. the avoidance of risks to the life or health of persons, and to a reasonable degree of impairment or adverse effects within the meaning of Article 74 (2) (3) to (5) being limited to a reasonable degree, "

9. In Section 81 (2), after Z 10, the point shall be replaced by a dash and the following Z 11 shall be added:

" 11.

Changes in duration not exceeding four weeks, which do not endanger the life or health of persons, and are subject to events or events of a cultural or sporting interest. from a wide area of the population, to be carried out on a national level. "

10. In § 81 (3) first sentence of the expression "pursuant to paragraph 2 Z 9" by the expression "pursuant to paragraph 2 Z 7, Z 9 and Z 11" inserted.

11. In § 87 (1), the German Federal Law Gazette (BGBl) is granted. I N ° 85/2012 inserted paragraph 4b the number designation "4d" .

11a. § 92 reads:

" § 92. (1) If an insurance prescribed in accordance with this Federal Act is not or is not sufficiently maintained, the trade in question shall not be exercised during the period of non-existence or insufficient existence of the insurance or the shall not be operated in the commercial premises concerned.

(2) The insurance undertaking shall indicate to the Authority any circumstance that does not result in the existence of insufficient existence or the termination of an insurance prescribed in accordance with the provisions of this Federal Act. In addition, in the case of sums of insurance laid down in accordance with this Federal Act on turnover, the insurance undertaking of the Authority shall notify the Authority of any circumstance which results in the attainment of the level limit; this indication shall be deemed to have been: Proof that the conditions for the insurance sum required by the relevant stage are fulfilled. "

12. In § 93, the following paragraph 5 is added:

" (5) In the case of industrial property consultants within the meaning of § 136a, the resting and resumption of the commercial exercise of the authority shall be indicated in advance; an ad in retrospect shall be inadmissible and ineffective. The Authority shall, from the date of receipt of the notification, carry out the deletion in the Register of Trade, and shall not be allowed to pursue a commercial exercise during the fame taken into account in the trade register. During the period of the fame taken into account in the industrial register, the requirement of an asset liability insurance pursuant to Section 136a (12) and the obligation to fulfil other persons connected with the pursuit of the business are not required. commercial-legal obligations and the run-off of the evidence of participation in training pursuant to § 136a (6) is inhibited. From the date of notification of resumption, the registration in the Register of Trade shall be reactivated by the Authority, provided that the trader at the same time as the resumption of notification of the resumption shall be the effective stock of a Financial liability insurance within the meaning of § 136a (12), the performance of all other registration requirements-with the exception of a new proof of the necessary competence of the trader-with effect no later than the end of the Retire. Infringements of the second sentence of the second sentence must be punished in accordance with Section 366 (1) (1) (1). "

13. In § 99 (10), § 117 (10), § 136a (5) and (10), § 136b (3) and § 137c (5), the word shall be given in each case. "Appointments" by the word "Complaints" replaced.

14. § 99 (7) reads:

" (7) The authorized tradesmen who are entitled to exercise the construction industry (§ 94 Z 5) or the subtrade who are members of the construction industry are entitled to liability insurance for their professional activities in respect of persons, property and property. complete. The liability insurance must be carried out at a company which is authorised to operate in Austria. The insured sum shall be:

1.

For a trader entitled to exercise the construction industry (§ 94 Z 5) or the subtrade originating in the construction industry, with a maximum annual turnover pursuant to § 221 (2) (2) (2) (2) in conjunction with § 221 (4) (4) Corporate Code: at least EUR 1 000 000 per claim, whereby it is permissible to limit the insurance performance per annual insurance period to EUR 3 000 000.

2.

For a trader with more than one annual turnover pursuant to § 221 (2) (2) (2) (2) (2) in connection with § 221 (4) for the purpose of carrying out the construction industry (§ 94 Z 5) or the subtrade originating in the construction master trade. Corporate Code: at least EUR 5 000 000 per claim, whereby it is permissible to limit the insurance performance per annual insurance period to EUR 15 000 000.

For these compulsory insurance sums, a deductitiy of no more than five vH of these sums may be agreed per claim. "

14a. In § 99 (8) to (10), the word order shall be "Liability insurance for persons and property damage" through the phrase "Liability insurance for persons, property and property damage" replaced.

14b. In § 111 (2), the phrase shall be the order of the word "There is no need for any commercial authorization for the hospitality industry." through the phrase "There is no need for a certificate of qualification for the hospitality industry" replaced.

14c. The following sentence is added to Section 111 (4) Z 4:

" In the sale of goods according to lit. a to c the character of the holding must be maintained as a catering establishment. If there is also an entitlement according to § 94 Z 3 or Z 19, it is sufficient for the character of the company to be preserved as a baker or butcher, in this case, appointment places must be provided. "

15. In § 117 (7), the word order shall be "Liability insurance for persons and property damage" by the word "Property liability insurance" replaced.

16. According to § 334 the following § 335 is inserted:

" § 335. If, in proceedings relating to operating installations in the first instance, the local competence of several district administrative authorities is given (Section 333), the district administrative authority in whose area the largest part of the base area is responsible is responsible for the local authority. of the operating system. The other county administrative authorities concerned shall be heard. "

(17) The following sentence is added to section 345 (6):

"In the event of a change in accordance with section 81 (2) (7), the operation of the modified plant shall not begin until after the date of the date of the date of the date of the first sentence."

18. § 348 (3) is repealed.

Section 349 (4) reads as follows:

" (4) The Federal Minister for Economic Affairs, the Family and Youth may reject the application or withdraw from the initiation of proceedings pursuant to paragraph 1 of its own motion if there is a serious doubt about the question raised by the decision. , or if the Federal Minister of Economic Affairs, Family and Youth has decided on the question over the last five years, or if it has been recognized by the administrative court of the country or decided by the Administrative Court in the case itself. "

20. In § 349 (6) the word order shall be " Complaint pursuant to Art. 131 (2) of the Federal Constitutional Law B-VG, BGBl. Nr. 1/1930, for illegality " through the phrase "Complaint to the administrative court of the country and the revision for illegality to the Administrative Court" replaced.

21. In § 352 (3), last sentence, the word order shall be "the appeal to the provincial governor" through the phrase "the complaint to the administrative court of the country" replaced.

Section 356 (3) reads as follows:

" (3) In the proceedings relating to the amoration of other or additional requirements (Section 79 (1)), in the proceedings concerning the authorisation of remediation (Section 79 (3)), in the proceedings concerning the repeal or amendment of conditions (Section 79c (1)), in the Procedure concerning derogations from the notice of approval, including its components (Section 79c (2)), in the case of an operational takeover (§ 79d), in the procedure relating to the adaptation of an already approved operating system to a Regulation pursuant to § 82 (1) (§ 82 (2)), in the proceedings concerning the determination of the The provisions of a regulation pursuant to § 82 (1) (Section 82 (3)) and in the proceedings concerning the pre-writing of the conditions exceeding the provisions of a regulation pursuant to § 82 (1) (§ 82 para. 4) have those neighbors Party position, the party position of which has been maintained in the procedure referred to in paragraph 1. "

(23) In § 356, the following paragraph 4 is added:

" (4) Neighbours in the proceedings concerning the repeal or amendment of conditions (section 79c (1)), deviations from the approval notice, including its components (section 79c (2)) and the takeover of the company (§ 79d), also in so far as the party position is concerned, may be associated with new or greater adverse effects within the meaning of Section 74 (2). "

24. In Section 356b (1), the word order shall be "The Complaints Egitimation before the Administrative Court" through the phrase "The notification of complaints to the administrative court of the country, the revision for illegality and the application for a deadline for failure to comply with the decision by an administrative court to the administrative court" replaced.

25. § 359 (4) and (5) are:

" (4) The right of appeal shall not be the same as the approval value of the neighbour, the parties. The right of appeal of the labour inspectorate is not affected by this.

(5) The provisions of subsections 2 to 4 shall apply mutagenicly to cases in which derogations from the notification of approval, including its components, are permitted in accordance with Section 79c (2). "

26. § 359a is repealed.

27. In § 359c the word "Complaint" by the word "Revision" replaced.

28. In Section 360 (1), the term " "§ 78 (2)," .

29. In Section 363 (2) and (3), the word order shall be "Complaint pursuant to Art. 131 (2) B-VG for illegality" through the phrase "Complaint to the administrative court of the country and the revision for illegality to the Administrative Court" replaced.

30. In Section 365v (3), the phrase "the independent administrative senate" through the phrase "the administrative court of the country" replaced.

31. § 371a reads:

" § 371a. The Governor of the State is entitled, against the findings of the administrative court of the country, in proceedings under this Federal Act, in which the Federal Minister for Economic Affairs, Family and Youth is not subject to the authority of the proceedings before the The Administrative Court shall be required to file a review of the Administrative Court for illegality. "

32. In § 376 Z 2 the previous text receives the sales designation "(1)" and shall be added to the following paragraph 2:

" (2) For commercial wealth advisors, who are on the day of the entry into force of the Federal Law BGBl. I No. 85/2013 have indicated the ruin of the commercial exercise pursuant to § 93 (1), § 93 para. 5 first sentence is not to be applied. On the date of the entry into force of the Federal Law BGBl (Federal Law Gazette), the State Chamber of the Industrial Economy has I No 85/2013 to inform the Authority of its glory of the commercial exercise of the Industrial Property Adviser of the Authority without delay; the Authority has § 93 (5), second sentence, first half sentence, as amended by the Federal Law BGBl. I No 85/2013, subject to the proviso that the deletion must be carried out in the industrial register from the date of the notification of the national chamber of the commercial economy. "

33. § 376 Z 13 reads:

" 13.

Traders who are on the day prior to the entry into force of the Federal Law BGBl. No 85/2013 by the construction industry (§ 94 Z 5) or by a subdivision of the construction industry, the Authority shall be obliged to provide the Authority with a liability insurance for persons, chess and other persons by 31 December 2013 at the latest. Proof of property damage pursuant to § 99 (7). If such proof does not take place in time, Section 99 (10) shall apply mutatily. "

33a. In § 376 Z 14b, the following is obtained after the expression "(hospitality:)" the following text: "(1)" and the following paragraph 2 is added:

" (2) Guest traders who have received BGBl in the last six months before the entry into force of the Federal Law. I n ° 85/2013 the rights of § 111 sec. 4 Z 4 in the version of the Federal Law BGBl. I n ° 85/2012 have not been properly exercised at any given location, these rights shall continue to apply at that location. "

34. In § 376 Z 16a, the following is obtained after the expression "(Immobilientreuhänder:)" the following text: "(1)" and the following paragraph 2 is added:

" (2) tradesmen who are on the day prior to the entry into force of the Federal Law BGBl. I No 85/2013 have exercised the trade of the real estate tycoon, are obliged to the Authority before the expiry of six months after the entry into force of the Federal Law BGBl. I n ° 85/2013 to prove the existence of an asset liability insurance pursuant to § 117 (7). If such proof does not take place in time, Section 117 (10) shall apply mutatily. "

35. The following Z 54 is added to § 376:

" 54.

§ 79c and § 335 in the version of the Federal Law BGBl. I No. 85/2013 are on the date of the entry into force of the Federal Law BGBl. I N ° 85/2013 not yet completed. Section 78 (2), Section 81 (2) (1), Section 356 (3), first subsentence, Section 359 (5) and Section 360 (1) in so far as a request for a relevant and pending procedure pursuant to Section 78 (2) does not apply, in the version of the Federal Law BGBl. I No. 85/2012 are on the date of the entry into force of the Federal Law BGBl. I No 85/2013. '

36. The following paragraphs 57 to 59 are added to § 382:

" (57) § 2 para. 1 Z 13, § 79c, § 79d, § 81 paragraph 2 Z 1, Z 7 and Z 11, § 81 para. 3, § 87 paragraph 1 Z 4d, § 92, § 93 para. 5, § 111 para. 2 introduction sentence, § 111 para. 4 Z 4, § 117 para. 7, § 345 para. 6, § 356 para. 3 and 4, § 359 para. 5, § 360 para. 1, § 376 Z 2, § § 376 Z 2, § § 376 Z 2 376 Z 14b, § 376 Z 16a and § 376 Z 54 in the version of the Federal Law BGBl. I No. 85/2013, will enter into force on the expiry of the day of its presentation in the Federal Law Gazette; at the same time, Section 78 (2) and Section 348 (3) shall enter into force in the version of the Federal Law BGBl. I No 85/2012.

(58) § 99 (7) to (9), section 99 (10) with regard to the phrase "liability insurance pursuant to para. 7" and § 376 Z 13 in the version of the Federal Law BGBl. I No 85/2013 will enter into force with the end of the day of its presentation in the Federal Law Gazans, but at the earliest with 1 August 2013.

(59) § 78 para. 1, § 88 (2), § 99 (10) with regard to the word "complaints", § 117 (10), § 125 (5), § 135 (6), § 136a para. 5 and para. 10, § 136b para. 3, § 137c para. 5, § 335, § 347 para. 3, § 348 para. 2, § 349 para. 4 and 6, § 352 para. 3, § § § 349 (3) § 349 (3) 356b para. 1, § 359 para. 4, § 359c, § 361 para. 3, § 363 para. 2 and para. 3, § 365v para. 3 and § 371a in the version of the Federal Law BGBl. I No 85/2013 will be 1. Jänner 2014 in force; at the same time § 359a as amended by the Federal Law BGBl. I No 85/2012. '

Fischer

Faymann