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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36. Federal Act concerning the placing on the market of gas oils not on sea vessels and pleasure craft, as well as for mobile machines and devices

The National Council has decided:

Scope of application

§ 1. This federal law regulates the placing on the market of gas oils to operate not on sea vessels and pleasure craft, as well as the placing on the market of gas oils for the operation of mobile machinery.


§ 2. For this law the following definitions shall apply: 1 "gas oils" are any petroleum-derived liquid fuels for use in mobile machines and devices, are including inland waterway vessels, as well as to the use of recreational craft intended under the CN codes 2710 19 41 and are intended for the operation of compression ignition engines referred to in directives 94/25/EC and 97/68/EC [CN-code means the marking according to the "combined nomenclature" in accordance with the International Convention on the harmonized system of designation and coding by] Goods].

2. "Inland waterway vessels and pleasure craft" are vehicles of inland waterway transport in the sense of the Shipping Act, Federal Law Gazette I no. 62/1997, amended by Federal Law Gazette I no. 50/2012, taken from sea-going vessels.

3. "Mobile machinery and equipment" are mobile machines and devices in accordance with regulation of the Federal Minister for Economic Affairs and labour relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines for mobile machines and devices, Federal Law Gazette II No. 136/2005, as amended by Federal Law Gazette II No. 104/2011.

4. "placing on the market of gas oils" is the delivery or to provide treatment to a third) to the combustion on board by not on sea barges and pleasure boats or b) for the operation of mobile machinery.

Maximum sulphur content

§ 3. From the day following the announcement of this federal law, only gas oils, which have a maximum sulphur content of 10.0 mg / kg, may be placed in traffic.


§ 4 (1) the Federal Minister for agriculture and forestry, environment and water management, as well as the experts consulted by him are entitled to control gas oils comply with the specification referred to in section 3, collect samples in absolutely necessary and for this purpose to enter businesses and warehouses. Specimens can be done at gas stations and other drop-off points. The sampling is to undertake during operating hours.

(2) the holder of the sampled operation as well as common people have him to enter operation and the storage rooms allow the organs of the authorities authorized to do the enforcement, as well as the of the consulted experts and to condone the taking of samples; In addition, they have to give the necessary information, to follow necessary documents and, if necessary, to give insight into the records of the inventory as well as the receipt and outputs. Farmer of to be sampled premises have to ensure that common people become party to them by the provisions of this Federal Act concerning the sampling. In the event of disability or rejection sampling by the farmer or the common people, the sampling can be enforced. The Federal Police has relevant authorities under this federal law and bodies about their request to secure the exercise of powers pursuant to § 4 ABS. 1 and 2 in the context of their legitimate sphere of competence help to provide.

(3) no compensation is due to of the extracted sample. One has to bear the costs associated with sampling and verification on behalf of the sampled is run. The cost is by the authority which attributed to the sampling is to require by decision. The withheld cost dentures are earmarked for the effort of the sample draw and evaluation by the Federal Minister for agriculture and forestry, to co-opt environmental and water management. Alot of drawn sample sufficient for further investigation reference is to keep in the event of non-compliance of the sample until three months after the agreement not corresponding to the authority at the expert consulted by the authority available for the Beprobten.

Authority to issue regulations

§ 5. The Federal Minister for agriculture and forestry, environment and water management can set the cost of receivables through regulation.

Criminal provisions

6. (1) If this federal law contravenes, commits an administrative offence and is fined up to EUR 5 000, in the case of their recovery with imprisonment up to six weeks to punish. Was the perpetrator of the same infringement is already punished, so an imprisonment can be imposed in place of fines up to six weeks.

(2) gas oils, which do not meet the requirements under section 3, are revoked to explain, if not otherwise can be ensured, that they do not get to the consumer.

Full provision

§ 7. The Federal Minister for agriculture and forestry, environment and water management is entrusted with the execution of this Federal Act. He can while taking on the principles of economy, efficiency and expediency of Environment Agency GmbH themselves, which in part their in accordance with § 6 of the environmental auditing Act, Federal Law Gazette I no. 152/1998, in its current version, tasks operates is. In this case is the result of the examination in the form of a short report to the Federal Minister of agriculture and forestry, to provide environmental and water management.

Implementation of Union law

§ 8. By this federal law, the directive 2009/30/EC will be 1999/32/EC of the Council with regard to the specifications for fuels used by inland vessels and repealing Directive 93/12/EEC amending Directive 98/70/EC with regard to the specifications for petrol, diesel and gas oil fuels and the introduction of a system for the monitoring and reduction of greenhouse gas emissions, as well as to amend the directive , OJ No. L 140 of the 05.06.2009 S. 88, implemented.

Entry into force

§ 9. This federal law shall enter into force the day following the announcement.