Change Of The Gewerbeordnung 1994

Original Language Title: Änderung der Gewerbeordnung 1994

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85. Federal law, which changes the Gewerbeordnung 1994

The National Council has decided:

The Gewerbeordnung 1994 - GewO 1994 (WV), Federal Law Gazette No. 194/1994, as last amended by Federal Law Gazette I no. 85/2012, is amended as follows:

1. in article 2, paragraph 1 Z 13 replaced the phrase "sheltered workshops" with the phrase "Integrative enterprises".

2. in article 78, paragraph 1, second sentence the phrase "Notice on the appeal" is replaced by the phrase "Decision on complaint".

3. in article 78, paragraph 1, third sentence, § 88 par. 2, article 125 par. 5, article 135, paragraph 6, article 347, para. 3, article 348, paragraph 2 and article 361, para. 3 the word "Appeal" is substituted with the word "Complaint".

4. § 78 para 2 is cancelled.

5. paragraph 79c:

"§ 79c." (1) the prescribed conditions are to repeal decision or to amend, if after the notices of payment due requirements that the prescribed requirements for which, pursuant to article 74, paragraph 2 are not required to be performed interests or the perception of these interests with the holder of the operating system the Auslangen can be found for less stressful conditions arises. section 77 shall apply mutatis mutandis, for operating systems listed in the annex 3 to this Act also § 77a is to apply mutatis mutandis.

(2) deviations from the permit notification including its components are to allow decision, as far as not the protection of interests to be performed pursuant to article 74, paragraph 2 stands, if necessary, repeal or amendment of prescribed requirements or even notices of payment due additional requirements. section 77 shall apply mutatis mutandis, for operating systems listed in the annex 3 to this Act also § 77a is to apply mutatis mutandis.

(3) who has authority to initiate a procedure under paragraph 1 or 2 at the request of the holder of the operating system. In the request is to make the existence of the conditions, otherwise, the application must be rejected is.

(4) after this federal law or other when granting the licence with anzuwendenden regulations of Federal substantive authorisation are with RoHS in the procedure according to paragraph 1 or paragraph 2. (conditions) Regulations"

6. after section 79c, 79d the following section shall be inserted:

"§ 79d. (1) on the occasion of operating assumption, the transferee holder of the operating system may request that a compilation of notices under this Federal Act relating to the approval of the operating system is being transmitted to him. His request is to convey to him at his own expense copies or printouts of permit notifications including their components therein to section 359, paragraph 2. The application is at the latest within six weeks after the operation.

(2) within six weeks after the delivery of the compilation referred to in paragraph 1 or within six weeks after the operation, the transferee holder of the operating system may request that 1 a procedure is performed 1 or 2 under section 79 c, 2. certain 7 prescribed requirements Z according to § 77, section 79, article 81, paragraph 1 or paragraph 2 by establishing the authority only after a reasonable , a maximum of three years contributing period regulations must, if compliance with these requirements is only economically reasonable within this period the transferee holder of the operating system (E.g. because of the costs associated with the acquisition of the company) and the period granted no concern from the standpoint of the protection of interests described in section 74 paragraph 2.

(3) Z 2 time-limits referred to in paragraph 2 and article 79, paragraph 1 may not exceed a total of five years.

(4) in the application, is to make the existence of the conditions referred to in paragraph 2, otherwise, the application must be rejected is.

(5) If an application is made pursuant to par. 2, other procedures under this federal law, where the requirements covered by the application or any part of the permit notification also apply are up to the legal force of a notice on the application only in so far to continue, as this is necessary to prevent a threat to the life or health of people are."

7. in section 81 subsection 2 Z 1 is the expression "section 78 para 2" with the expression "section 79c para 2" replaced.

8. in section 81 subsection 2 7 is inserted following Z: "7 changes that do not adversely affect the behaviour of the emission to the neighbors and that due to the particular situation of each individual case anticipating, that are at all or in compliance with the, if necessary, to prescriptive requirements avoid risks the life or health of persons and damage or adverse effects within the meaning of section 74, paragraph 2 restricts Z 3 to 5 on a decent level ,“

9. In section 81 subsection 2 after the Z 10 the point is replaced by a comma and appended the following Z 11: "11 modifications of transient, cross-four weeks duration, that cause no danger to the life or health of persons and on the occasion of events or events that take place in cultural or sporting interests of nationally broad sections of the population."

10. in article 81, paragraph 3, first sentence the expression "in accordance with paragraph 2 Z 9" by the expression "pursuant to par. 2 No. 7 and no. 9 Z 11" inserted.

11. in article 87, paragraph 1 which receives the Federal Act Federal Law Gazette I no. 85 / 2012 inserted paragraph 4 b the numeric label "4 d".

11A. section 92 is as follows:

"Section 92 (1) is not or not adequately maintained insurance prescribed by this federal law, may be modified during the non-existence or insufficient existence of insurance the industry concerned have not exercised or the question commercial operating system not operated.

(2) the insurer has every circumstance that has the non-existence, the insufficient existence or termination of insurance prescribed by this federal law means to show the authority. Graded prescribed insured amounts in the case of in accordance with this federal law after sales the insurance companies of the authority has every circumstance which has levels limit the result to display. This display is valid as proof for the fulfillment of the requirements for the insured sum stipulated for the respective level."

12. in article 93 the following paragraph 5 is added:

"(5) in the case of commercial investment advisers within the meaning of § 136a the rest and the resumption of the commercial exercise of authority must be in advance; an ad in hindsight is inadmissible and invalid. The authority has receipt of notification to make the cancellation in the register; a commercial practice is prohibited during the suspension in the commercial register. During the period of the suspension in the commercial register, eliminates the need for an asset liability insurance according to section 136a, subsection 12, as well as the obligation of fulfilling any other with the practice of the trade of related managing commitments and running off the evidence of participation in training courses in accordance with § 136a article 6 is inhibited. Receipt of the message of recovery, the entry in the commercial register by the authority is to wake up, unless the trader at the same time proves the effective existence of an asset liability insurance within the meaning of § 136a paragraph 12, the fulfilment of all other registration requirements - with the exception of a renewed proof of the necessary qualifications of the trader - effective at the latest at the end of the suspension of recovery with the message. Infringements of the provision of the second sentence are to punish Z 1 to 366, paragraph 1., second half-sentence"

13. in § 99 para 10, § 117 paragraph 10, § 136a, subsection 5 and paragraph 10, section 136 b § 3 and § 137c is paragraph 5 each the word "Appeals" replaced by the word "Complaints".

14 paragraph 99 paragraph 7:

"(7) for the exercise of the master builder industry (§ 94 Z 5) or the born the Builder commercial commercial of part of liability insurance for personal injury have legitimate traders for their professional activities, to complete damage to property and pecuniary loss." The liability insurance must be with a company that is authorized to conduct business in Austria. The insurance sum has to be: 1. for one to exercise the Builder industry (§ 94 Z 5) or the born the Builder commercial commercial of part of no. 2 in conjunction with § 221 para 4 legitimate traders with a maximum annual revenues pursuant to § 221 para 2 corporate law book: at least 1 000 000 euros per event of damage, where it is permitted to restrict the insurance benefit per annual insurance period to EUR 3 000 000.

2. for one to exercise the Builder industry (§ 94 Z 5) or the born the Builder commercial commercial of part of no. 2 in conjunction with § 221 para 4 legitimate traders with more than an annual turnover pursuant to § 221 para 2 corporate law: at least 5 000 000 euros per event of damage, where it is permitted to restrict the insurance benefit per annual insurance period to EUR 15 000 000.

For this compulsory insurance sum a deductible must be agreed by a maximum of five vH of these sums per case of damage."


14A. the phrase "Liability for damage and" is replaced by the phrase "Liability for persons, property damage and financial losses" in § 99 para 8 to 10.

14B. In article 111, paragraph 2, introductory phrase is the phrase "no business licence for the hotel and catering industry is needed for" by the phrase "no qualification for the hospitality industry's need for" replaced.

14 c. § 111 paragraph 4 No. 4 is the following sentence added: "in the sale of goods in accordance with letter. c the nature of the operation as Gastgewerbebetriebs must preserve a. Also, a permission is granted Z according to § 94 3 or no. 19, just maintaining the character of the operation as bakers or butchers, this connection Administration courses need to be provided."

15 in section 117, paragraph 7, the phrase "Liability for damage and" is replaced by the word "Property damage insurance".

16. after section 334, 335 the following section shall be inserted:

"§ 335. The territorial jurisdiction of several district administrative authorities is given in proceedings relating to operating systems in the first instance (article 333), the district administrative authority is jurisdiction area in which is located the largest part of the footprint of the operating system. The other affected district administrations are to listen."

17 the following sentence is added to the § 345, paragraph 6:

"In the case of a change in accordance with section 81 subsection 2 Z 7 may be started with the operation of the modified operating system after issue of the decision within the meaning of the first sentence."

18 § repeals 348 para 3.

19 paragraph 349 paragraph 4:

"(4) the Federal Ministry of economy, family and youth may reject the application or officio refrain from the initiation of proceedings pursuant to paragraph 1, if a question asked seriously to increasing doubts about the decision does not exist, or if on the issue in the past five years by the Federal Minister for economy, family and youth is been adjudicated or recognized by the Administrative Court of the country or decided by the Administrative Court in the case itself."

20. in article 349, paragraph 6, the phrase is "complaint in accordance with article 131 paragraph 2 of the Federal Constitution Act B-VG, BGBl. No. 1 / 1930, due to illegality" is replaced by the phrase "Appeal to the Administrative Court of the land and the review because of law as laid down by the Administrative Court".

21. in article 352 para. 3 last sentence is replaced by the phrase "the complaint to the Administrative Court of the country" the phrase "the appeal to the Governor".

22 paragraph 356 para 3:

"(3) in the proceeding concerning the notices of payment due of other or additional requirements (§ 79 para 1), in the procedure relating to the approval of the rehabilitation (§ 79 para. 3) in the proceeding concerning the cancellation or amendment of regulations (section 79c para 1), concerning the procedure deviations from the permit notification including its components (section 79 c para 2), in the proceedings concerning an operation takeover (section 79d), in the procedure relating to the adaptation of an already approved plant of a regulation in accordance with section 82, paragraph 1 (§ 82 para. 2)" ", in the proceedings concerning the establishment of the measures (§ 82 par. 3) divergent provisions of a regulation in accordance with article 82, paragraph 1 and the procedures regarding the notices of payment due the on the provisions of a regulation in accordance with article 82, paragraph 1 beyond requirements (§ 82 par. 4) those neighbors party position, their party position has remained upright in the proceedings referred to in paragraph 1 have."

23. in article 356 the following paragraph 4 is added:

"(4) neighbors have in the proceedings concerning the termination or amendment of regulations (section 79c para 1), deviations from the permit notification including its components (section 79 c para 2) and operating assumption (§ 79d) extent that party position, can be connected as so new or larger adverse effects within the meaning of section 74, paragraph 2."

24 in section 356 b paragraph 1, the phrase "the legitimacy of the complaint before the Administrative Court" is replaced by the phrase "the legitimacy, appeal to the Administrative Court of the land, the revision due to illegality and the application deadline because of breach of decision by an Administrative Court of the Administrative Court".

25 section 359 paragraph 4 and paragraph 5 are:

"(4) the right of appeal is to the neighbors except the permit applicants, the parties are. The appeal of the labour is not affected thereby.

(5) for decisions which in accordance with section 79 c para 2 are admitted with deviations from the permit notification including its components, paras 2 to 4 shall apply mutatis mutandis."

26 § 359a is repealed.

27. in paragraph 359c, the word is "Complaint" replaced by the word "Revision".

28. in article 360, paragraph 1, the expression "section 78 para 2," is omitted.

29. in § 363 paragraph 2 and paragraph 3, the phrase is each "complaint in accordance with article 131 para. 2 B-VG due to illegality" is replaced by the phrase "Appeal to the Administrative Court of the land and the review because of law as laid down by the Administrative Court".

30. in article 365v par. 3, the phrase "the independent administrative Senate" is replaced by the phrase "the Administrative Court of the country".

31 § 371a is as follows:

"§ 371a. The Governor is entitled to against the findings of the Administrative Court of the country in proceedings under this Federal Act, where not the Federal Minister of economy, family and youth is judge authority of the proceedings before the administrative court to review because of law as laid down by the administrative court."

32. in § 376 Z 2 receives the sales designation (1) the existing text and the following paragraph 2 is added:

"(2) for commercial property consultants who I 85/2013 the rest of commercial exercise in accordance with article 93, paragraph 1 have shown number on the day of entry into force of the Federal Act Federal Law Gazette § 93 par. 5 is first sentence does not apply. The provincial Chamber of trade and industry has on the date of entry into force of the Federal Act Federal Law Gazette I inform No. 85 / 2013 existing ads the suspension of commercial exercise of commercial wealth adviser of the authority; second sentence, first half-sentence, has the authority section 93 para 5 as amended by Federal Law Gazette I no. 85/2013, subject to the proviso to apply, that the cancellation in the register as of the receipt of the communication of the National Chamber of trade and industry to carry out is."

33. paragraph 376 Z 13: "13 tradesmen, who the day before the entry into force of the Federal Act Federal Law Gazette I no. 85/2013 the Builder commercial (§ 94 Z 5) or a part of trade from the Builder trade have exercised, are obliged, no later than 31 December 2013 according to § 99 paragraph 7 to prove the existence of a liability insurance for persons, damage to property and pecuniary loss of authority." Such proof is done not on time, § 99 paragraph 10 shall apply by analogy."

33A. in § 376 Z 14b is the expression "(hospitality :)" following text paragraph called "(1)" and the following paragraph 2 is added: "(2) Guest trader who in the last six months prior to entry into force of the Federal Act Federal Law Gazette I no. 85/2013 the rights of § 111 4 Z 4 as amended by Federal Law Gazette I no. 85 / 2012 continuously permissibly to have exercised in a particular site)" "that these rights on this site are to continue."

34. in § 376 Z 16a is the expression ' (real estate trustee :) "text below the sales designation (1) and the following paragraph 2 is added:") "

"(2) producers who I 85/2013 the industry of real estate trustees have had no. on the day before the entry into force of the Federal Act Federal Law Gazette, are committed to the authority before the expiration of six months after the entry into force of the Federal Act Federal Law Gazette I no. 85/2013 according to § 117 paragraph 7 to prove the existence of a property damage liability insurance." Such proof is done not on time, § 117 paragraph 10 shall apply by analogy."

35. the § 376 following Z 54 is appended: 54. § "79 c and section 335, as amended by Federal Law Gazette I no. 85/2013 are on at the time of entry into force of the Federal Act Federal Law Gazette I not apply no. 85 / 2013 completed procedure. "§ 78 para 2, § 81 para 2 subpara 1, article 356 para. 3 first sentence of part of, Article 359, paragraph 5 and article 360, paragraph 1 in so far as a prompt for a relevant and pending proceedings pursuant to § 78 para 2 has not to be issued, as amended by Federal Law Gazette I no. 85/2012 are on at the time of entry into force of the Federal Act Federal Law Gazette I continue to apply no. 85 / 2013 not yet completed procedures."

36. the section 382 be added following paragraph 57 to 59:

"(57) article 2, paragraph 1 Z 13, section 79c, § 79d, § 81 para. 2 Z 1, no. 7, and Z 11, § 81 para 3, § 87 ABS. 1 Z 4 d, § 92, § 93 par. 5, article 111, paragraph 2 introductory phrase, article 111, par. 4 Z 4, § 117 paragraph 7, article 345, paragraph 6, article 356 para. 3 and 4, Article 359, par. 5, article 360, paragraph 1, § 376 Z 2, § 376 Z 14 b" , § 376 Z 16a and § 376 Z 54 in the version of Federal Law Gazette I no. 85/2013, occur at the end of the day of their announcement in the Federal Law Gazette in force; at the same time § 78 para 2 and § 348 para 3 as amended by Federal Law Gazette Contact No. I 85/2012 override.


(58) § 99 paragraph 7 to 9, § 99 paragraph 10 with regard to the phrase "Liability in accordance with para 7" and § 376 Z 13 as amended by Federal Law Gazette I no. 85/2013 at the end of the day of its publication in the Gazette, with August 1, 2013 at the earliest, into force.

(59) article 78, paragraph 1, article 88 para 2, § 99 paragraph 10 concerning the word "Complaints", § 117 paragraph 10, article 125 par. 5, article 135 paragraph 6, § 136a, subsection 5 and paragraph 10, section 136 b para 3, § 137c para 5, § 335, article 347, para. 3, article 348, paragraph 2, section 349 paragraph 4 and 6, article 352 para. 3, article 356 b para 1, § 359 para 4, § 359c, 361, para 3, § 363 paragraph 2 and paragraph 3 , article 365v par. 3 and § 371a as amended by Federal Law Gazette I no. 85/2013 with 1 January 2014 into force; at the same time § 359a in the version of Federal Law Gazette is no. I 85/2012 except force."

Fischer

Faymann