Placing On The Market Of Gas Oils Not On Sea Vessels And Pleasure Craft, As Well As For Mobile Machines And Devices

Original Language Title: Inverkehrbringen von Gasölen für nicht auf See befindliche Binnenschiffe und Sportboote sowie für mobile Maschinen und Geräte

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Federal law on the placing on the market of gas oils for inland waterway vessels and recreational craft not located at sea, as well as for mobile machinery and equipment

The National Council has decided:

Scope

§ 1. This federal law governs the placing on the market of gas oils for the operation of inland waterway vessels and recreational craft not at sea, as well as the placing on the market of gas oils for the operation of mobile machinery and equipment.

Definitions

§ 2. The following definitions shall apply to this Act:

1.

"Gas oils" means any petroleum-derived liquid fuels intended for use in non-road mobile machinery, including inland waterway vessels, and for use in recreational craft, falling within CN codes 2710 19 41 and for which: Operation of the compression ignition engines referred to in Directives 94 /25/EC and 97 /68/EC [ KN-Code means the labelling according to the "Combined Nomenclature" in accordance with the International Convention on the Harmonized System Description and encoding of goods].

2.

"inland waterway vessels and recreational craft" are vehicles of inland waterway transport in the sense of the Maritime Law, BGBl. I n ° 62/1997, as amended by the BGBl version. I No 50/2012, excluding seagoing vessels.

3.

"Mobile machines and equipment" means mobile machinery and equipment within the meaning of the Regulation of the Federal Minister for Economic Affairs and Labour on measures to combat the emission of gaseous and particulate pollutants from Combustion engines for mobile machinery and equipment, BGBl. II No 136/2005, in the version BGBl. II No 104/2011.

4.

"The placing on the market of gas oils" means supplying or providing gas oils to third parties

a)

for the combustion on board of non-sea inland waterway vessels and recreational craft, or

b)

for the operation of mobile machines and equipment.

Maximum sulphur content

§ 3. Only gas oils with a maximum sulphur content of 10,0 mg/kg may be placed on the market from the day following the presentation of this Federal Act.

Sampling

§ 4. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management and the experts he has used are entitled to check gas oils for compliance with the specification in accordance with § 3, rehearsals in absolute terms to the extent necessary to enter establishments and storage rooms for this purpose. Samples can be taken at filling stations and other delivery points. The sampling is to be carried out during the operating hours.

(2) The farmer of the tried-and-tested holding and persons who are attributable to him shall enable the authorities of the competent authorities to be taken into account, as well as the experts who have been contacted by the authorities, to enter the holding and the storage rooms. and to allow the samples to be taken; to provide the necessary information, to follow up the necessary documents and, if necessary, to provide an insight into the records of the stock of goods and of the goods and exits. Holders of the premises to be tested shall have to ensure that they are informed of the provisions of this Federal Law concerning the sampling of samples. In the event of a disability or a refusal to take the sample by the farmer or any person who can be attributed to him, the sampling may be forced. The Federal Police shall provide assistance to the authorities and bodies competent pursuant to this Federal Act in order to ensure the exercise of the powers provided for in Article 4 (1) and (2) within the framework of its legal sphere of action.

(3) No compensation is due for the sample taken. The costs associated with the sampling and the verification shall be borne by the person on whose behalf the tried-and-tested operation is carried out. The costs shall be required by the authority which is to be assigned the test. The cost rates which have been raised are earmarked for the costs of sampling and evaluation by the Federal Minister for Agriculture, Forestry, Environment and Water Management. A reference quantity of the drawn sample sufficient for further studies shall be the case of non-compliance with the sample for the sample up to three months after the agreement on the non-compliance with the authority of the authority by the authority to be made available to the experts.

Authorisation

§ 5. The Federal Minister for Agriculture, Forestry, the Environment and Water Management can determine the amount of the costs by means of a regulation.

Criminal provisions

§ 6. (1) Any person who is contrary to this Federal Act is subject to an administrative surrender and is punishable by a fine of up to 5 000 euros, in the case of its incriminality, with a substitute custodial sentence of up to six weeks. If the offender has already been punished for the same infringement, an alternative custodial sentence of up to six weeks may be imposed instead of the fine.

(2) Gas oils which do not meet the requirements of § 3 shall be declared forfeit if it cannot be ensured in any other way that they do not reach the consumer.

Enforcement

§ 7. The Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible for the enforcement of this federal law. In doing so, he/she may rely on the principles of economy, efficiency and expediency of the Umweltbundesamt GmbH, which are within the scope of its provisions in accordance with § 6 of the Environmental Control Act, BGBl. I n ° 152/1998, as amended, to carry out the tasks assigned to it. In this case, the result of the audit is to be submitted in the form of a short report to the Federal Minister for Agriculture, Forestry, Environment and Water Management.

Implementation of Union law

§ 8. This federal law repeals Directive 2009 /30/EC amending Directive 98 /70/EC with regard to the specifications for petrol, diesel and gas-oil fuels and the introduction of a system for monitoring and reducing the Greenhouse gas emissions and amending Council Directive 1999 /32/EC, as regards the specifications for fuels used by inland waterway vessels and repealing Directive 93 /12/EEC, OJ L 206, 22.7.1993, p. No. OJ L 140 of 05.06.2009 p. 88.

entry into force

§ 9. This federal law shall enter into force with the day following the customer's presentation.

Fischer

Faymann