Amend The Explosives Act 2010 (Sprg Amendment To 2015)

Original Language Title: Änderung des Sprengmittelgesetzes 2010 (SprG-Novelle 2015)

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997058/nderung-des-sprengmittelgesetzes-2010-%2528sprg-novelle-2015%2529.html

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136. Federal law which the Explosives Act 2010 amends (SprG amendment to 2015)

The National Council has decided:

The Explosives Act of 2010, Federal Law Gazette I no 121/2009, as last amended by Federal Law Gazette I no. 161/2013, is amended as follows:

1. in the table of contents, the following entry is inserted after the entry for section 10:


"Article 10a supervisory measures" 2. In the table of contents, get the entries to the main pieces 1-7 the main piece called "2" to "8" and following entries are preceded by the entries of the previous 1st main piece:


"1 main piece obligations of economic operators section 12a of the General principles of article 12 b obligations of the manufacturer § 12 c 12d Plenipotentiary § obligations importer § 12 technical documentation section 12f EU conformity assessment article 12 g EU Declaration of conformity article 12 h obligations dealer's section 12i circumstances under which the obligations of the manufacturer are valid also for the importer and the Distributor" 3. In the table of contents, heading to the 8 main piece is (new):


"8 main piece of authorities, procedures, powers and notification" 4. In the table of contents, the following entry is inserted after the entry for section 42:


' article 42a of the transmission of personal data "5. In the table of contents, (new) the following entries are inserted after the entry for section 42a:


"3. section notifying authority and notified bodies section 42 b notification section 42 (c) evaluation and monitoring section 42d tasks of notified body § 42e of reporting and information obligations of the notified body" 6. In article 1, the word order is after the word "Processing", "placing on the market, providing," added.

7 the following paragraph 5 is added to § in 3:

"(5) within the scope of this federal law following definitions are applicable:"



1 deployment: each payment or free of charge of shooting and explosive for the purpose of distribution or use this shooting and explosive on the Union market in the course of a commercial activity;

2. placing on the market: each first-time deployment of a shooting and explosive on the Union market;

3. manufacturer: a natural or legal person who manufactures a shooting and explosives, develop or produce leaves in order to bring it under his own name or its own brand on the market, or to use for their own purposes;

4. representative: each of the Union-based natural or legal person, in writing, charged by manufacturers to perform certain tasks on his behalf;

5. importer: each of the Union-based natural or legal person, which brings a shooting and explosives from a third country on the Union market;

6 dealer: any natural or legal person in the supply chain, other than the manufacturer or importer, that provides a shooting and explosives on the Union market in the course of their business;

7 economic players: manufacturers, importers and distributors;

8 accreditation: the confirmation by a national accreditation body that a notified body meets the requirements applicable to them, to carry out a specific conformity assessment activity;

9 accreditation: the body, the accreditation within the meaning of article 2 Z 10 Regulation (EC) No. 765/2008 on the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 of the Council, OJ No. L 218 of August 13, 2008 does S. 30;

10 Declaration of conformity: the procedure for the assessment, if the essential safety requirements of the directive of 2014/28/EC on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (recast), OJ No. L 96 of the 29.03.2014 S. 1, to a shooting and explosives have; been fulfilled

11-notified bodies: those facilities that are in the list of notified bodies, indicating their identification number and the tasks entrusted to them according to the 2014/28/CE directive published by the European Commission led and empowered to perform the conformity assessment described in this federal law;

12. Declaration of conformity: the confirmation of the manufacturer, that the shooting and explosives meet the essential safety requirements of annex II to the directive 2014/28/EC;

13 CE marking: a marking by which the manufacturer declares that the shooting and explosives meets the requirements laid down in the harmonisation of legislation in the Union;

14 transfer: any charge of shooting and explosive from a natural person to a natural person in the private sector;

15 recall: any measure which one targets the end user already provided shooting and explosive on achieving the return;

"16 withdrawal: to prevent any intervention with the provided a supply chain under shooting and explosives on the market."

8 paragraph 10:

"Section 10 (1) of the authority is the market surveillance with regard to check whether only shooting and explosives in traffic are brought and made available on the market, which comply with the requirements of this federal law. She is authorized to perform this necessary investigations and actions for economic operators, in particular facilities of production, to enter the warehouse and other premises, free of charge to pull samples and in the relevant commercial documents to inspect.

(2) the economic agents have the authority to take samples of the marketed by them or provided shooting and explosives, as well as to provide all information and documents that are required to demonstrate the conformity of shooting and explosives. They have in all measures taken to prevent hazards associated with shooting and explosives that have placed them on the market or provided to work.

(3) the economic operators have to call those economic operator to the authority upon request,



1 from which they have involved a shooting and explosives or they a shooting and explosives have made 2 of the.

(4) the economic operators can present the information according to para 3 over a period of ten years after the shooting and explosive, and over a period of ten years after the submission of the shooting and explosive.

(5) the authority has to take supervisory action, especially to Article 10a if



1. economic operators could b para 4, § 12d paragraph 3, and § 12 h paragraph 2 does not immediately and independently meet their obligations according to § 12, or 2. the placing on the market or the provision of shooting and explosives life, health and property of people or public safety be compromised.

To the production of the legitimate State, the shooting and explosives by the economic operator not in traffic may be placed or made available on the market. In imminent danger, the authority has arranged a backup of the shooting and explosive (§ 40).

(6) the measures referred to in paragraph 5 also products is recognised, whose hiring by the Customs authorities in accordance with article 27 (3) of Regulation (EC) No. 765/2008 has been suspended. The products concerned are case in temporary storage, in accordance with article 50 of Regulation (EEC) No. 2913/92 establishing the customs code (Customs Code), OJ No L 302 of the 19.10.1992 p. 1, last amended by Regulation (EC) No. 952/2013, OJ No. L 269 of the 10.10.2013 to S. 1."

9. after article 10, the following article 10a and heading is inserted:

"Supervisory measures

Article 10a. (1) jobs are the supervisory measures of the authority



1. to improve, 2nd to take back or 3rd to the callback.

(2) supervisory measures pursuant to paragraph 1 Nos. 2 and 3 can each authority within their local sphere shooting and explosives in traffic are placed or ready made, which should be the subject of such a measure, with effect for the business activities of the economic operator in the entire Federal territory be taken."

10 the following paragraph 5 is added to § the 11:

"(5) which shall apply labelling not for shooting and explosives delivered unpacked or in mixing Chargers manufactured and directly into the blast unloaded or pumped for shooting and explosives, which is manufactured at the Sprengort and immediately loaded are (before location production)."

11 in the 2nd part, the 7 main piece is called "8 main piece", the 6 main piece is labeled "7 main piece", the 5th main piece called "6 main piece", the 4 main piece called "5 main piece", the 3 main piece called "4 main piece", the 2 main piece called "3. main piece", the 1st main piece called "main piece 2" and the main piece 2 1 main piece of the following shall be inserted before (new) together with heading :

"1 main piece

Obligations of economic operators

General principles

section 12a. (1) shooting and explosives may be placed on the market only, if



1.

they comply with the safety requirements laid down in annex II of the directive 2014/28/EC or the European harmonised standards published in the official journal of the European Union, certifies their conformity in the sense of no. 1 by a notified body to conduct proceedings in accordance with article 12f 2. and an EU Declaration of conformity has been issued for them, equip them with a CE mark 3. and are marked in accordance with section 11, 4 is ensured , that they can be traced in accordance with § 12, and 5. them an instructions for use and safety information in German are.

(2) the economic operators have all information and documents which are necessary to demonstrate the conformity of shooting and explosives, to provide within the framework of a special participation obligation of the authority upon request.

Obligations of the manufacturer

§ 12 b. (1) the manufacturer may only shooting and explosives that meet the requirements of section 12a paragraph 1, bring on the market or use for their own purposes.

(2) in particular has the manufacturer prior to the placing on the market



1. the technical documentation referred to in § 12e to create to perform conformity assessment procedures in accordance with article 12f 2., 3. after completion of the conformity assessment procedure and received the certificate of conformity by the designated authority to print a CE marking on the shooting and explosives or to attach firmly and permanently, and 4 to issue an EC declaration of conformity in accordance with § 12 g.

(3) the manufacturer has to keep the technical documentation referred to in § 12e and the EU Declaration of conformity according to § 12 g 10 years from the placing on the market of the shooting and explosives. Upon termination of its business activities, submit these records to the authority.

(4) the manufacturer of reason to believe that a shooting and explosives no longer meets the requirements of section 12a paragraph 1, has he has so far to protect of the health and safety of consumers required to take all measures, to withdraw in particular the affected shooting and explosives, or to call back to the legitimate State is restored; He has to inform the authorities about the measures taken immediately.

Authorised representative

§ 12c. (1) a manufacturer may delegate in writing a representative who supported him in carrying out his duties. The authorization must include at least:



1. keep the EC declaration of conformity according to § 12 g and the technical documentation referred to in § 12e for the authorities over a period of ten years after placing on the market of the shooting and explosive;

2. the handing over of all information and documentation necessary to demonstrate of the conformity of a shooting and explosive in the sense of § 12 para 1 subpara 1 following a reasoned request of the authority;

3. assisting in all measures to prevent risks associated with shooting and explosives.

(2) allowed manufacturer obligations (b) paragraph 1 and paragraph 2 in accordance with § 12 not on behalf of the representative be included.

Obligations of the importer

Section 12d. (1) the importer may bring only shooting and explosives in transport,



1 meeting the requirements of Article 12a para 1 subpara 1, 2 for which were the relevant conformity assessment procedures carried out by the manufacturer or created the technical documentation and the EC declaration of conformity, and 3 which fulfil the conditions of Article 12a para 1 No. 3 to 5.

(2) the importer has ten years from the placing on the market to keep a copy of the EC declaration of conformity in accordance with § 12 g for the market surveillance authorities and granted access to the authority upon request and to provide the technical documentation referred to in § 12e at the request of the authority. Upon termination of its business operations, the records to the authority must be communicated.

(3) the importer reason to believe that a shooting and explosives no longer meets the requirements of section 12a paragraph 1, he has so far to protect of the health and safety of consumers required to take all measures, to withdraw in particular the affected shooting and explosives, or to call back to the legitimate State is restored; He has to inform the authorities about the measures taken immediately.

Technical documents

Article 12e. The technical documentation must contain all relevant information for an assessment of the conformity of shooting and explosive with the requirements of Article 12a para 1 subpara 1. In particular, they have the elements listed in annex III to Directive 2014/28/EC in the respective module, including a stated risk analysis and assessment, to contain.

EU Declaration of conformity

§ 12f. (1) when assessing the conformity of shooting and explosives, perform one of the following procedures listed in annex III to the directive of 2014/28/EC:



1. the EU type examination procedures (module B) and, at the choice of the manufacturer, either a) the procedure for the examination of the type on the basis of an internal production control plus supervised product checks at irregular intervals (module C2) or b) the procedure for the examination of the type on the basis of a quality assurance related to the production process (module D) or c) the procedure for the examination of the type on the basis of quality assurance based on the product (module E) or d) the procedure for the examination of the type on the A basis of products (module F); or 2 the procedure on the basis of a unit verification (module G).

(2) upon successful completion of the conformity assessment, the manufacturer shall affix the CE marking on the shooting and explosives. The exact way CE marking and its affixing is determined by regulation.

EU Declaration of conformity

§ 12 g. (1) the manufacturer has to confirm that the essential requirements listed in annex II of the directive 2014/28/EC are fulfilled before the placing on the market of an EU Declaration of conformity.

(2) the EC declaration of conformity has to conform to the model in annex IV of to Directive 2014/28/EU in their construction and to contain the elements specified in the modules of annex III to the 2014/28/CE directive. She must be in the German language.

(3) in the event that a shooting and explosives is subject to several legal provisions of the European Union, in which an EU Declaration of conformity is required each, only an EU Declaration of conformity for all EU legislation is to exhibit. The relevant legislation of the Union shall be indicated in this statement together with their site in the official journal.

Obligations of the dealer

§ 12 h. (1) the dealer may provide only shooting and explosives, the



1. with a CE mark and marked in accordance with section 11 and 2 with instructions and safety information in German language are provided.

(2) the dealers reason to believe that a shooting and explosives more often than the section 12a paragraph 1 Nos. 1, 3, 4 and 5, he has as far as necessary to protect of the health and safety of consumers to take immediately all the measures, to take back in particular the affected shooting and explosives or to call back to the legitimate State is restored; He has about the measures taken to inform the authority and the manufacturer or the importer immediately.

(3) unless the dealer has to draw not registers in accordance with § 33, he must maintain records of acquisition, delivery, return, use or destruction of shooting and explosives after the pattern of the attachment H. § 33 par. 4 and 5 shall apply mutatis mutandis.

Circumstances under which the obligations of the manufacturer are valid also for the importer and the Distributor

section 12i. brings an importer a shooting and explosives under their own name or their own brand on the market or modified an importer or a distributor an already on the market shooting and explosives so that compliance with the requirements of this federal law may be affected, so he is considered manufacturer and is subject to the obligations for manufacturers in accordance with § 12 b."

12. in article 21, paragraph 6, the word order is after the word "Regulations" ", especially those pursuant to § 12 h," added.

13 paragraph 29 paragraph 2:

"(2) in the Bill must



1 name and address of the recipient, the sender and the feed dog, 2. number and quantity of the shipments authorized shooting and explosives, 3. Description of the shooting and explosives including the UN number, 4. mode of transport and track and 5 the crossing points between the Member States of the European Union, as well as at the request of the authority of the proposed departure and arrival be apparent. The shipment is permitted only by the transporter referred to in the document."

14. in article 29, para. 3 "is entitled" the phrase "and there is a shooting and explosives, which is provided with a CE mark" will be added after the phrase.

15. the section 29, paragraph 7 be attached following paragraph 8 and 9:

"(8) the recipient has three years from regulatory approval to keep a copy of the consignment note and to present the authority upon request for inspection.


(9) the recipient has to submit all the information available to him on the shipment of the authority upon request."

16 paragraph 30 subsection 2:

"(2) in the Bill must



1 name and address of the recipient, the sender and the feed dog, 2. number and quantity of the shipments authorized shooting and explosives, 3. Description of the shooting and explosives including the UN number, 4. mode of transport and - route and 5 the crossing points between the Member States of the European Union, as well as at the request of the authority of the proposed departure and arrival be apparent. The shipment is permitted only by the transporter referred to in the document."

17. in article 33, paragraph 1, the word "Deployment" is inserted before the word "Acquisition".

18. in article 36, paragraph 2, 2a is inserted after Z 2 following Z:



"2a. a mixing battery charger suitable for the production has" 19. The following sentence is added to § 36 para 3:

"The authority has to verify that safe operation of the mixing battery charger is guaranteed a year."

20. the heading of the 8 main piece is as follows:

"Authorities, procedures, powers and notification"

21. According to section 42, the following section 42a and heading shall be inserted:

"Transfers of personal data

section 42a. The authorities are empowered the criminal justice, on request in individual cases from them in this federal law enforcement processed data to courts, security authorities and prosecution authorities for their activity in the services as well as to security authorities in matters pertaining to the Security Administration or to the European Commission as well as named locations in Union legal obligations to provide, as far as they need this data to their legitimate or legal Union tasks. The data submitted, can be also personally identifiable, unless this is necessary for the identification of a shooting and explosive, his backtracking in the distribution chain and risk assessment."

22 in the 8 main units of the 2nd part is inserted the following article 3 together with heading:

"Section 3

Notifying authorities and notified bodies

Notification procedure

§ Decides 42. (1) the Federal Minister of the Interior on applications for setting up as a notified body.

(2) a notified body must be a legal entity established under Austrian law or registered partnership, the



1 up to the independence from third parties, the impartiality, to the exclusion of any interference by third parties and to the observance of professional secrecy has committed, 2. to comply with the national and EU law regulations in connection with their activities as notified body has committed, 3. about one of her intended occupation has corresponding upright accreditation decision, has 4 of the personnel, financial, organizational and technical resources to perform the conformity assessment activities listed in annex III to the directive of 2014/28/EC , and has 5 over an upright and proper, covering any resulting injury, property and financial losses from their occupation indemnity insurance.

(3) the notification of the notified bodies in the European Commission is carried out by the Federal Minister of the Interior.

(4) the activities of the notified body may only and as long as be exercised, as it appears in the directory of notified bodies the Commission.

Assessment and monitoring

§ 42c. Assessment and monitoring of section 42B shall provide by the national accreditation body according to the provisions of the accreditation Act 2012, Federal Law Gazette I no. 28 / 2012, and in accordance with Regulation (EC) No. 765/2008.

Tasks of the notified body

section 42d. (1) the notified body is making the conformity assessment referred to in article 12f and to issue a certificate of conformity in positive assessment.

(2) the notified body in the conformity assessment, notes that shooting and explosives meet the essential safety requirements, has to ask the manufacturer to take appropriate corrective actions, and may issue any certificate of conformity.

(3) the notified body has to regularly monitor the compliance of a shooting and explosive. In the framework of a monitoring, finds that the shooting and explosives no longer meets the requirements, she has the manufacturer, appropriate corrective action to take, and an already issued certificate to ask if necessary to suspend or withdraw.

(4) conformity assessment tasks may be awarded after obtaining the consent of the contracting authority only to subcontractors or affiliates and transfer, if they meet the conditions of § 42 para 2. The responsibility for the proper implementation of the conformity assessment procedure remains with the notified body.

Reporting and information obligations of the notified body

§ 42e. (1) the notified body is the Federal Minister of the Interior



1. any change of accreditation and accredited procedures in the field of activity of naming, 2. any refusal, restriction, suspension or withdrawal of conformity certificate and 3 all circumstances, the impact on the scope and content of the notification in accordance with section 42 b might have to report and request information about their activities, including cross-border activities and subcontracting agreements, which has led them to give.

(2) the notified body shall transmit relevant information about the negative and, on request, positive conformity assessment results other places named after the 2014/28/CE directive."

23. in article 44, paragraph 1, the phrase is inserted before the phrase "and is by the district administrative authority" "commits an administrative offence" and is the introductory sentence:

"Whoever violates this Act or a regulation adopted on the basis of this Federal Act"

24. in article 44, paragraph 1, no. 1 is inserted after the word "Nitrocet" which "produces word".

25. in paragraph 44, after paragraph 1, the following paragraph 1a is inserted:

"(1a) commits an administrative sanction and is fined to punish with up to 3600 euros, who violates the Federal law, unless the behavior is not punished according to article 43 or article 44, paragraph 1."

26 in section 47 the sales designation (5) the Federal Act Federal Law Gazette I 2013/161 attached para 4 and receive it the following paragraph 6 is added:

"(6) § 1, § 3 para 5, § 10, section 10a, including heading, article 11, paragraph 5, the 1st main piece of the 2 nd part including the heading, the numbering of the 2nd to 8th main piece of the 2nd part, § 21 para 6, § 29 par. 2, 3, 8 and 9, section 30, paragraph 2, 7 and 8, article 33, paragraph 1, § 36 para 2 Z 2a and 3, the heading of the 8 main piece of the 2nd part" "that section 42a including heading, the 3rd section of the 8 main piece of the 2 nd part together with headline, article 44, paragraph 1 and 1a, § 48 para 7, § 49 para 1 and 2a, as well as the table of contents in the version of the enactment Gazette I no. 136/2015 with 1 April 2016 into force."

27 the following paragraph 7 is added to § the 48:

"(7) explosives, which under the explosives regulation, BGBl. II No 27/2001, amended by regulation BGBl. II Nr 303/2011, 1 April 2016 in traffic were brought before, may be also made available on the market or used." The provisions of this federal law apply to them."

28. in article 49, paragraph 1, the expression "section 10 (4)" with the expression "section 10 paragraph 7" will be replaced and para 2 para 2a is inserted after the following:

"(2a) the enforcement of section 42c is the Federal Minister for science, research and economy in charge."

Fischer

Faymann