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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43. Regulation of the Federal Minister for transport, innovation and technology, modifies the Ordinance of the Federal Minister for science and transport on the transport of dangerous goods

On the basis of §§ 14, 31 and 33 of the dangerous goods transportation Act, Federal Law Gazette I no. 145/1998, in the amended Federal Law Gazette I is no. 50/2012 prescribed:

Ordinance of the Federal Minister for science and transport on the transport of dangerous goods (dangerous goods transportation regulation - GGBV), BGBl. II No 303/1999 in the amended Federal Law Gazette II No. 277/2012 is amended as follows:

1. in the table of contents is inserted:

"§ 23c."

The certification"

2. in the table of contents, the entries to the article 6 are:

"Article 6

Other provisions

paragraph 49

Notifikationshinweis in accordance with article 12 of Directive 98/34/EC

section 50

Reference to guidelines

Article 51

In force

Article 52

Transitional provisions"

3. in article 21, "No. 6" is replaced by "Z 5".

4. 22, section 4, the following conclusion is added §:

"When issued from 1 January 2013 the number of the certificate is instead of the date of issue to indicate."

5. § 22 para 7 Z 5 is:

"5. allow to perform tests or exhibitions of certificates of the danger good arm training with him not in accordance with the provisions of GGBG and this regulation."

6. after article 23 b is inserted the following section 23 c together with the heading:

"The issue of the certificate

section 23c. (1) the Federal Ministry for transport, innovation and technology has an electronic ordering system for the certification to provide. Its establishment and operation is done by the Federal Data Center GmbH (BRZ GmbH). This is functional service provider within the meaning of § 4 Z 5 DSG 2000. An access portal Austria for the purpose of data transfer for the production of the certificate of the expression of the provisional certificate and create the directories referred to in § 22 para 4 to set up is the organizer of the training up to the start of operations of GefahrgutlenkerInnen register. The Governor has to grant access permission to the training Organizer with the recognition or on request in a complementary communication and transmit the BRZ GmbH to unlock the following data:

1. name and address of the organizer of the training, 2. name and personal email address of an authorised person in accordance with § 15 para 2 No. 4, 3rd if any VAT identification number (UID) and code of the business register (SPA) and 4th the designation to be used as an exhibitor.

The designation to be used must be no more than 20 alphanumeric characters, and should indicate the name of the organizer of the training or its common abbreviation. The application has to contain a proposal for this designation, as well as information on Z 1 to 3. The training Organizer features recognition decisions of several provincial governors or any other authority, he is so on the Governor of his seat. In the latter case, a copy of the recognition decision to join, to which he refers is the application. Ends the recognition, the Governor has to contact the BRZ GmbH which has to block access.

(2) for training courses in accordance with § 14 para 6 and 7 GGBG, according to which it is to be issued certificates in accordance with this paragraph, the concerned Ministry has carried the message to the BRZ GmbH itself. Exhibitor name is Ministry of the law to use for deriving each abbreviation from article 1, paragraph 1.

(3) the training Organizer which has for ensuring the identity of the certificate recruiter as well as for issuing and sending the certificate referred to in the pattern according to ADR to enter required data. These are:

1 name, 2. name (s), 3 date of birth and birthplace, 4. academic title, 5th title, 6 home address, to send 7 address to which the certificate is, 8 proof of identity, nationality 9, 10 photograph, with a height of between 36 and 45 mm and a width between 28 mm and 35 mm, the head must be recognized and fully illustrated in the scanned form, 11 signature in the scanned form , 12 species of passing test, 13 date up to which the certificate is valid.

(4) the organiser of training has each participant following successfully to make the provisional certificate provided in the ordering system in accordance with Annex 1 with name, date and signature of an authorised person and signed by the participant. These replaced the certificate referred to in ADR to which extent for a period of four weeks from the date of the examination for transports within Austria.

(5) regardless of this period the provisional certificate is considered confirmation of training and testing compared to other training operators, if in these more advanced courses are planned and the certificate should be issued only through the full training.

(6) the training Organizer gives the order for the production of the certificate, the BRZ GmbH has basically every day to provide the data set for the manufacturer and shipper. This has to take over basically every working day and to send the certificate no later than on the fifth working day after receipt. For the case of undelivered which of the training organizer shall be indicated as replacement address.

(7) the renewed an attestation without training and testing is allowed only if without changing the duration

1 switching on the card format, 2. a duplicate of a missing certificate or 3. carrying out desired by adjustments. The training organizer has 3 notes on the content of the correction and presented evidence to enter in the case of Z. Also in these cases, there is a provisional certificate to issue. The original training organiser does not in the case of the No. 2 access referred to in paragraph 1 or the documentation referred to in § 22 paragraph 5 to the deposit have been sent, so has the Governor, who has GGBG these documents or directories according to § 14 para 2, to issue a confirmation of the existing certificate or deposited checks for the purpose of the new exhibition at other training operators.

(8) reimbursement is 9.90 EUR the manufacturer and shipper of the certificate required. This is to settle with training operators by means of collective invoice once per quarter. For the replacement of the operating costs of the ordering system, the training organizer has the Federal Ministry of transport, to make innovation and technology also quarter moderate payroll 9,-euro per certificate.

(9) access to the data listed in paragraph 2 and the related process data has only the training operator who has entered or causes her automated creation."

7. in article 27 para 5, § 28 para 4 (twice) and in section 29 is "section 24 b" is replaced by "article 31".

8. in article 39, paragraph 4 (twice) and in article 40, "§ 24 c" is replaced by "article 33".

9 § 51 becomes article 51, paragraph 1.

10 § 51 the following paragraph 2 is added:

"II No. 43/2013 (2) the amendments to this regulation by regulation BGBl. with 1 January 2013 into force."

11. According to article 51, the following article 52 together with the heading is attached:

'Transitional provisions

§ 52. In January 2013 organizer of dangerous goods handlebar training, still do not have access to the electronic ordering system in accordance with section 23 c, may exhibit the provisional certificate without its use according to the model published by the Federal Ministry for transport, innovation and technology on its homepage."