Amendment Of The Regulation Concerning The Carriage Of Dangerous Goods

Original Language Title: Änderung der Verordnung über die Beförderung gefährlicher Güter

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Regulation of the Federal Minister of Transport, Innovation and Technology, amending the Regulation of the Federal Minister of Science and Transport on the Carriage of Dangerous Goods

Due to § § 14, 31 and 33 of the Dangerous Goods Transport Act, BGBl. I No 145/1998, as amended by the BGBl version. I No 50/2012 shall be assigned:

The Regulation of the Federal Minister of Science and Transport on the Carriage of Dangerous Goods (GGBV), BGBl. II No 303/1999, as amended by the BGBl version. II No 277/2012 is hereby amended as follows:

1. Inserted in the table of contents:

" § 23c.

Issue of the certificate "

2. In the table of contents, the entries are for the 6. Section:

" 6. Section

Other provisions

§ 49

Notification of notification in accordance with Article 12 of Directive 98 /34/EC

§ 50

References to Directives

Section 51

In-force pedals

Section 52

Transitional provisions "

3. In § 21 "Z 6" by "Z 5" replaced.

4. § 22 (4) the following final part shall be added:

" In the case of exhibition from 1. Jänner 2013 shall be the number of the certificate instead of the date of issue. "

5. § 22 (7) Z 5 reads:

" 5.

allows checks or exhibitions of certificates of dangerous goods training to be carried out by him in accordance with the provisions of the GGBG and this Regulation. "

6. According to § 23b, the following § 23c and heading is inserted:

" Exhibition of certification

§ 23c. (1) The Federal Ministry of Transport, Innovation and Technology has to provide an electronic ordering system for the issuing of the certificate. Its establishment and operation are carried out by Bundesrechenzentrum GmbH (BRZ GmbH). This is a functional service provider within the meaning of § 4 Z 5 DSG 2000. The training organiser shall have access to Portal Austria for the purpose of data transmission for the production of the certificate, the expression of the provisional certificate and the preparation up to the operational intake of a dangerous goods vehicle register. of the lists in accordance with section 22 (4). The Landeshauptmann shall grant the training organiser the right of access in a supplementary communication with the recognition or upon request, and shall transmit the following data to the BRZ GmbH for the purpose of enabling:

1.

the name and address of the training organiser;

2.

the name and personal email address of a person entitled to sign in accordance with § 15 (2) (4) (4),

3.

where available VAT identification number (UID) and identification number of the business register (KUR) and

4.

the name to be used as an exhibitor.

The label to be used must not contain more than 20 alphanumeric characters and is intended to indicate the name of the training organizer or its common abbreviation. The application shall contain a proposal for this name and the data relating to Z 1 to 3. If the training organiser has a certificate of recognition of a number of national capitals or of another authority, he shall be present at the head of the country of his/her seat. In the latter case, the application shall be followed by a copy of the certificate of recognition to which it relates. If the recognition ends, the Landeshauptmann has to communicate to BRZ GmbH, which has to block access.

(2) For training in accordance with § 14 (6) and (7) GGBG, according to which certificates are to be issued pursuant to this paragraph, the relevant Federal Ministry has to carry out the notification to the BRZ GmbH itself. The abbreviation to be derived from Section 1 (1) of the German Federal Ministries Act is to be used as an exhibitor's name.

(3) The training organiser shall enter the data necessary to ensure the identity of the certifying advertiser and the data required for issuing and sending the certificate in accordance with the specimen in accordance with 8.2.2.8.5 ADR. These are:

1.

Name,

2.

First name (s),

3.

birth date and place of birth,

4.

Academic title,

5.

Address,

6.

home address,

7.

the address to which the certificate is to be sent,

8.

Proof of identity,

9.

nationality,

10.

Light image, with a height of between 36 and 45 mm and a width of between 28 and 35 mm, whereby the head must be visible and completely imaged, in scanned form,

11.

Signature in scanned form,

12.

the nature of the test (s) passed,

13.

Date to which the certificate is valid.

(4) The training organiser shall, after having successfully completed the examination, have the provisional certificate provided for in the order system, in accordance with Annex 1, with the date of examination and the name and signature of a person entitled to draw up a certificate. and to be signed by the participant. This shall replace the certificate in accordance with 8.2.2.8.5 ADR for the duration of four weeks from the date of the test for transport within Austria.

(5) Regardless of this period, the provisional certificate shall be deemed to be a confirmation of the training and examination of other training organisers, if they are still planning to take part in the course of the training, and the certificate is only valid throughout the scope of the training is to be issued.

(6) In principle, the BRZ GmbH shall make the data set available to the manufacturer and consignor on a daily basis to the training organiser to produce the certificate. In principle, it must be taken over on any working day and sent the certificate at the latest on the fifth working day after the date of the entry. In the case of non-availability, the training organiser shall be indicated as a replacement address.

(7) The re-issuance of a certificate without training and examination shall be admissible only if the period of validity of the certificate is not changed

1.

the transition to the map format,

2.

a duplicate of a certificate issued, or

3.

the take-up of corrections

is desired. In the case of Z 3, the training organiser shall enter information on the content of the rectification and submitted evidence. A provisional certificate shall also be issued in such cases. If, in the case of Z 2, the original training organiser does not have access in accordance with paragraph 1, or if the documents have been sent for deposit pursuant to Article 22 (5), the Governor of the State, who is responsible for the documents or the documents, shall have the right to For the purpose of the new exhibition, directories according to § 14 paragraph 2 GGBG (GGBG) have to issue a confirmation of the existing certificate or completed exams at other training organisers.

(8) The manufacturer and the consignor of the certificate shall be required to pay a cost of 9.90 euros. This is to be deducted once a quarter with the training organisers by means of a collection invoice. For the replacement of the operating costs of the ordering system, the training organiser has to pay 9,-Euro per certificate to the Federal Ministry of Transport, Innovation and Technology, if it is to be charged 9,-Euro per certificate.

(9) Access to the data referred to in paragraph 2 and the procedural data associated with it shall have only those training organisers who have entered them or brought about their automated creation. "

7. In § 27 (5), § 28 (4) (twice) and in § 29 becomes "§ 24b" by "§ 31" replaced.

8. In § 39 paragraph 4 (twice) and in § 40 becomes "§ 24c" by "§ 33" replaced.

9. § 51 becomes § 51 para. 1.

The following paragraph 2 is added to § 51:

" (2) The amendments to this Regulation by the BGBl Regulation. II No 43/2013 are due to 1. Jänner 2013 in force. "

11. In accordance with § 51, the following § 52 together with the title is added:

" Transitional provisions

§ 52. In January 2013, organisers of dangerous goods training courses which do not yet have access to the electronic ordering system in accordance with § 23c may not use the provisional certificate without its use in accordance with the provisions of the German Federal Ministry of Transport, Innovation and Technology Technology on his home page published samples. "

Bures