Change Of The Chemicals Act 1996 (Chemg Novella 2011)

Original Language Title: Änderung des Chemikaliengesetzes 1996 (ChemG-Novelle 2011)

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7. Federal Act to amend the Chemicals Act 1996 (ChemG-Novelle 2011)

The National Council has decided:

The Chemicals Act 1996 (ChemG 1996), BGBl. I n ° 53/1997, as last amended by the Federal Law BGBl. I No 88/2009, shall be amended as follows:

1. In the table of contents, the entry to the title and heading of the I section is: "General provisions; classification, labelling and packaging"

2. In the table of contents are the entries to § § 3 to 9:

" § 3. Dangerous properties according to Directive 67 /548/EEC

§ 4. Hazard classes according to the CLP-V

§ 5. Scope

§ 6. Competent authority in accordance with the REACH-V and participation of Umweltbundesamt GmbH in the context of implementation

§ 7. Competent authority in accordance with the CLP-V

§ 8. Exceptions to the scope of the REACH-V and the CLP-V

§ 9. Competent authority in accordance with Articles 26 and 27 of the EU's Ozone V "

3. In the table of contents the entries for § § 10 to 16 are deleted.

4. In the table of contents the entry is to § 17: "Prohibitions, restrictions and implementing measures concerning EU law in the form of regulations"

5. The entry in the table of contents is § 20: "The export and import of hazardous chemicals, persistent organic pollutants and mercury"

6. In the table of contents the entries for § § 26, 28, 36 and 40 are deleted.

7. In the table of contents the entry is to § 54: "Central Register and Information Centre; competent authority in accordance with Art. 45 of the CLP-V"

8. In the table of contents, after the line § § § 57 to 64. Monitoring " the line: " § 64a. Authorisation for international data exchange " inserted.

9. In the entire text of the Federal Act, including the table of contents and the respective headings, depending on the number of entries or the majority and in the respective case: a) the word "Preparation" by the word "Mixture" (b) the word "finished product" by the word "product" replaced;

10. In the entire text of the Federal Act, including the table of contents and the respective headings, the term "placing on the market" by the term "Marketing" , where used as the main-local time response to the particular case, and when used as a meaningful time, person and number.

11. The title of the I section reads:

" General provisions; classification, labelling and

Packaging "

12. § § 1 to 5 together with the headings are replaced by the following sections 1 to 9 together with the headings:

" The aim of the law

§ 1. (1) The aim of this Federal Law is to protect the life and health of humans and the environment before they are directly or indirectly harmful effects caused by the production and placing on the market, the acquisition, the use or the the waste treatment of substances, mixtures or products can be produced, in particular by preventing them from being produced, or they are made recognizable and averted.

(2) In order to achieve this objective, manufacturers, importers and other registrants pursuant to Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), shall have the right to establish a European Chemicals Agency, amending Directive 1999 /45/EC and repealing Council Regulation (EEC) No 793/93, Commission Regulation (EC) No 1488/94, Council Directive 76 /769/EEC, and Directives 91 /155/EEC, 93 /67/EEC, 93 /105/EC and 2000 /21/EC of the Commission, OJ L 136, 31.5.1993, p. No. 1 ('REACH-V '), downstream users within the meaning of Art. 3 Z 13 and dealers within the meaning of Article 3 (14) of the REACH-V (distributor) of substances, mixtures or products in accordance with the provisions of this Federal Act and its (i) to examine, or have self-control, to examine, in accordance with the relevant acts of the European Union and of chemicals, international conventions on their own responsibility, or to have them examined, whether they are produced, placed on the market or used, mixtures or products can lead to harmful effects and by means of which measures these effects can be effectively counteracted in the sense of the highest possible level of protection as defined in paragraph 1.

Definitions

§ 2. The following definitions apply to this federal law:

1.

"substances" means chemical elements and their compounds in natural form or obtained by means of a manufacturing process, including the additives necessary to maintain the stability and the process of the process used Impurities, but with the exception of solvents, which can be separated from the substance without adversely affecting its stability and without modifying its composition.

2.

"Mixtures" ("preparations") are mixtures, mixtures or solutions consisting of two or more substances. Where the term "preparation" is used in this federal law or legal acts based thereon, the definition of the term defined here shall also apply there.

3.

" Products " ( "finished goods") are objects obtained in the manufacture of a specific shape, surface or shape which, to a greater extent than the chemical composition, determines its function. Where the term "finished goods" is used in this federal law or legal acts based thereon, the definition defined here shall also apply there.

4.

"placing on the market" means the delivery to third parties or provision for third parties, whether in return for payment or free of charge. The transfer to the customs territory of the European Union in the form of a transfer to Austria shall be deemed to be the placing on the market of this federal law. Where the term "placing on the market" is used in this federal law or legal acts based on it, the definition defined here shall also apply there.

5.

"Use" means the processing, formulation, consumption, storage, intra-company transport, treatment, filling in containers, refilling of a container into another, mixing, production of a product or any other use.

6.

within the meaning of Regulation (EC) No 689/2008 concerning the export and import of dangerous chemicals, OJ L 327, 31.12.2008, p. No. 1 OJ L 204, 31.7.2008, p. 1 ('the PIC-V '):

a)

"pesticides" means chemicals in accordance with Article 3 (4) of the PIC-V;

b)

"Export" means the final or temporary export of substances, mixtures or products from the customs territory of the European Union, including the re-export of chemicals, for which a customs procedure other than the transit procedure is The application is applied.

7.

"State of the art" is the level of development, based on the relevant scientific knowledge, with regard to progressive procedures, facilities or modes of operation, the functional nature of which is tested and proven, as well as with regard to sustainable development Substances which can be used, mixtures and products, the suitability for use of which is ensured. In the determination of the state of the art, in particular, those comparable methods, devices, substances, mixtures, products or modes of operation are to be used most effectively in order to achieve a generally high level of protection for the health of humans and the environment as a whole. In the determination of the state of the art, the proportionality between the effort required for the necessary measures and the benefit for the interests to be protected, as well as the precautionary principle in general, as well as in individual cases, shall be: consideration.

8.

"Detergents (detergents)" means a substance or a mixture which is/are used in the form of a mixture which contains: the soaps or other surfactants are included and are intended for washing and cleaning processes. Detergents may have different forms (for example, liquid, powder, paste, bar, tablet, shaped pieces) and may be distributed or used for household purposes or institutional or commercial/industrial purposes. The following detergents shall also be considered as detergents:

a)

Washing aid for soaking (pre-washing), rinsing or bleaching of garments, household linen and other laundry items,

b)

Laundry softener for changing the grip of textiles in processes which supplement the textile washing,

c)

Cleaning products, such as domestic use cleaners or other means of cleaning surfaces (e.g. materials, products, machinery, equipment, means of transport and appropriate equipment, instruments, equipment) and

d)

other washing and cleaning agents for all other washing and cleaning processes.

If EU acts are referred to in this Federal Act or administrative acts based on it, or in the case of implementing or implementing provisions on EU legal acts, the same shall apply to the administrative acts based on this Federal Act the definition of the definition laid down in the relevant EU legislative acts, unless expressly otherwise provided.

Dangerous properties according to Directive 67 /548/EEC

§ 3. (1) Where, in accordance with Article 61 of Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1272/2008 1907/2006, OJ No. L 235 of 5. 9. 1 (hereinafter: CLP-V), the provisions of CLP-V for the assessment of the hazards of substances or mixtures are not applicable, substances or mixtures are "dangerous" within the meaning of this Federal Law if they are used in one or more of the dangerous properties listed below:

1.

"explosive", if, without being gaseous, they can react exothermically and with rapid development of gases even without the participation of atmospheric oxygen and if they detonate, quickly deflagrieren or if they detonate under specified test conditions, or explode during heating with partial confinement;

2.

"oxidizing" if they are able to react strongly exothermic in contact with other, especially flammable substances;

3.

"highly flammable" if it

a)

as liquid substances or mixtures, have an extremely low flashpoint and a low boiling point,

b)

as gases at normal temperature and pressure at air contact, have an ignition area (explosion range);

4.

"easily flammable" if it

a)

heat up and eventually ignite at ordinary temperature in the air without energy supply,

b)

in the solid state can easily be ignited by the short-term exposure of a source of ignition and, after removal thereof, continue to burn or continue to glow,

c)

have a very low flashpoint in the liquid state, or

d)

develop highly flammable gases in dangerous quantities in contact with water or humidified air;

5.

"flammable", if they have a low flash point in the liquid state;

6.

"very toxic" if it can lead to death in a very small amount by inhalation, swallowing or uptake of the skin, or can cause acute or chronic health damage;

7.

"toxic" if, in a small quantity, they can lead to death by inhalation, swallowing or uptake of the skin, or can cause acute or chronic health damage;

8.

"Harmful" ("harmful") if they can cause death or acute or chronic health damage by inhalation, swallowing or uptake of the skin;

9.

"corrosive" if they can cause the destruction of the tissue by contact with living tissue;

10.

"irritant", if-without being corrosive-they can cause inflammation by short-term, prolonged or repeated contact with the skin or mucous membranes;

11.

"sensitising" if they can cause hypersensitivity reactions by inhalation or by skin contact, so that in the case of future exposure to the substance or mixture, characteristic disturbances occur;

12.

"carcinogenic" if it can cause cancer or increase cancer incidence by inhalation, swallowing or uptake of the skin;

13.

"toxic to reproduction" ("reproduction stoxic") if, by inhalation, swallowing or uptake of the skin, they cause inheritable damage to the fruit of the body or increase the frequency of such damage (beneficial), to an impairment of mental or physical development; post-birth progeny, or may result in impairment of male or female reproductive functions or ability;

14.

"mutagenic" if, by inhalation, swallowing or uptake of the skin, they can alter the genetic material;

15.

"dangerous for the environment" if, in the event of entry into the environment, it provides an immediate or delayed danger to the environment (water, soil, air), to organisms (humans, animals, plants, micro-organisms), or to their relations with one another, to the environment. Follow or have the ability to follow.

(2) Products are "dangerous" within the meaning of this Federal Law, provided that they contain a dangerous substance or a dangerous mixture and are therefore foreseeable in the course of their intended purpose or in accordance with the experience of daily life. Use or treatment as waste can lead to a risk to human life or to the health of humans or to the environment.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall, by means of a Regulation, determine the characteristics referred to in paragraph 1 in more detail, in accordance with the state of the scientific knowledge, provided that this is achieved with a view to: the protection objectives of this federal law are required. It may also be laid down in this Regulation that substances and mixtures shall be deemed to be "dangerous" even if they contain components with properties within the meaning of paragraph 1. When the Regulation is released, it is appropriate to take account of the relevant rules of the European Union, as well as to comparable regulations of other States and international organisations.

Hazard classes according to the CLP-V

§ 4. (1) In accordance with the requirements set out in the CLP-V for the assessment of the hazards of substances or mixtures, the requirements laid down in the CLP-V shall be deemed to be "dangerous" in accordance with Article 3 of the CLP-V, if they are to be applied in accordance with Article 3 of the CLP-V. Annex I, part 2 to 5 of the CLP-V, may be assigned to hazard classes and hazard categories, as well as to other subdivisions:

1.

Hazard class: Explosive substances/mixtures and products with explosives. These include:

a)

explosive substances and mixtures,

b)

products containing explosives, except for devices containing explosive substances or mixtures in such quantities or in such a way that their unintended or accidental ignition or ignition outside the device does not have any effect on the products. Splinters, sprinkles and throats, fire, smoke, heat or strong sound unfolds, and

c)

Substances, mixtures and products not covered by the lit. (a) and (b) have been produced, however, to produce a practical effect by explosion or pyrotechnic effect.

2.

Hazard class: Flammable gases

3.

Hazard class: Flammable aerosols

4.

Hazard class: Flammable (oxidising) gases

5.

Hazard class: gases under pressure

6.

Hazard class: Flammable Liquids

7.

Hazard class: Flammable solids

8.

Hazard class: Self-decomposing substances or mixtures

9.

Hazard class: Self-flammable (pyrophoric) liquids

10.

Hazard class: Self-flammable (pyrophoric) solids

11.

Hazard class: Self-heating-capable substances or mixtures

12.

Hazard class: substances or mixtures which develop flammable gases in contact with water

13.

Hazard class: Flammable (oxidising) liquids

14.

Hazard class: Flammable (oxidising) active solids

15.

Hazard Class: Organic Peroxides

16.

Hazard class: substances or mixtures corrosive to metals

17.

Hazard class: acute toxicity, differentiated according to potency, divided into four categories for the following pathways:

a)

acutely oral,

b)

acutely dermal,

c)

acutely inhalative

18.

Hazard class: Etching/irritation of the skin

19.

Hazard class: Severe eye damage/eye irritation

20.

Hazard class: sensitisation of respiratory tract or skin

21.

Hazard class: germ cell mutagenicity

22.

Hazard class: Carcinogenicity

23.

Hazard Class: Reproductive toxicity

24.

Hazard class: Specific target organ toxicity (one-off exposure)

25.

Hazard class: Target organ toxicity (repeated exposure)

26.

Hazard class: Aspiration hazard

27.

Hazard class: Dangerous for water

28.

Hazard class: ozone layer damage

(2) Substances and mixtures which are considered to be dangerous in accordance with Article 3 in conjunction with Annex I of the CLP-V are "dangerous" in the sense of this Federal Law. If the application of the CLP-V is necessary in particular with regard to the question-free application of classification criteria for a closer regulation, the Federal Minister for Agriculture, Forestry, the Environment and Water Management can use this Regulation in the Agreement with the Federal Minister of Health, the Federal Minister for Economic Affairs, Family and Youth and the Federal Minister for Labour, Social Affairs and Consumer Protection, if this is based on the protection objectives of this Federal Law is required.

(3) Insofar as this federal law or administrative act based on this act is based on certain dangerous properties in accordance with § 3, the hazardous substances and mixtures shall be replaced by the dangerous substances in the dates specified in Section 77 (8). Properties according to § 3 of the relevant hazardous properties according to Art. 3 in conjunction with Annex I of the CLP-V.

Scope

§ 5. (1) This federal law refers to substances, mixtures and products and lays down requirements for them with regard to the production, placing on the market and use thereof, as well as procedures for handling and qualification requirements for persons with a Circumvent chemicals. Insofar as this federal law provides for fire prevention measures and measures for the protection of the environment, or is based on the testing of fire hazard or environmental hazards or the acceptance of environmental protection, it is only on substances, mixtures and products manufactured or placed on the market in a professional manner. In addition, this federal law provides for the implementation and enforcement of the following EU regulations:

1.

REACH-V; in the implementation and enforcement of the REACH-V remain the substance-related EU-legal and national regulations on worker, health and environmental protection in connection with the use of and handling of chemicals- In particular, the relevant requirements in the field of plant and water legislation as well as the right to waste are unaffected,

2.

CLP-V,

3.

Regulation (EC) No 648/2004 on detergents, OJ L 327, 30.11.2004, p. No. OJ L 104, 8.4.2004, p.1,

4.

PIC-V,

5.

Regulation (EC) No 850/2004 on Persistent Organic Pollutants and amending Directive 79 /117/EEC, OJ L 327, 30.11.1979, p. No. OJ L 158, 30.4.2004, p.7,

6.

Regulation (EC) No 1005/2009 on substances that deplete the ozone layer, OJ L 145, 31.5.2009, p. No. 1 OJ L 286, 31.10.2009, p. 1 (hereinafter: EU-Ozone V) and

7.

Regulation (EC) No 1102/2008 on the banning of exports of metallic mercury and certain mercury compounds and mixtures, and the safe storage of metallic mercury, OJ L 327, 28.10.2008, p. No. OJ L 304, 14.11.2008, p. 75 ('the EU-mercury V ')

the tasks entrusted to the Member State shall ensure the exercise of the authorisations granted to it in those Regulations (EC) and the acts based thereon.

(2) With regard to those provisions in this Federal Act, which refer to, or refer to, EU legislation, or to which EU acts are implemented, the scope of application as defined in each case shall also apply, including the in this respect. Insofar as this federal law refers to or refers to the REACH-V or the CLP-V or with this federal law the provisions of Directive 67 /548/EEC on the approximation of the laws, regulations and administrative provisions relating to classification, packaging and Labelling of dangerous substances, OJ C No. 1 and Directive 1999 /45/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations, OJ L 196, 27.8.1999, p. No. OJ L 200, 30.7.1999, p. 1, this federal law does not apply to:

1.

substances and mixtures which are subject to customs supervision, provided that they are neither treated nor processed, and which are in temporary storage or in free zones or in free warehouses for re-exporting or transit traffic,

2.

the transport of dangerous goods by air, sea, road, rail or inland waterway, with the exception of provisions relating to the labelling of packaging in accordance with Article 33 of the CLP-V,

3.

Waste within the meaning of Directive 2006 /12/EC on waste, OJ L 327, 22.12.2006 No. 9, in so far as it does not refer to the legal acts referred to in the second sentence of the introductory part of the introductory part of the introductory part of the introductory part of the introductory part of the introductory part of

4.

radioactive substances and mixtures within the scope of Directive 96 /29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiations, OJ L 206, 22.7.1996, p. No. OJ L 159, 29.6.1996, p. 1.

(3) The III. Section does not apply to

1.

substances and mixtures which are subject to customs supervision, provided that they are neither treated nor processed, and which are in temporary storage or in free zones or in free warehouses for re-exporting or transit traffic,

2.

the transport of dangerous goods by air, sea, road, rail or inland waterway transport,

3.

waste within the meaning of Directive 2006 /12/EC, without prejudice to the provisions of Article 47 of the Withdrawal Obligation and Article 48, to the extent that waste is affected,

4.

radioactive substances and mixtures within the scope of Directive 96 /29/Euratom, shooting and explosives in the sense of the Explosives Act 2010, BGBl. I n ° 121/2009, pyrotechnic articles within the meaning of the pyrotechnic law 2010, BGBl. I n ° 131/2009, seed as defined in the 1997 seed law, BGBl. I n ° 72/1997, tobacco products as defined by the Tobacco Act, BGBl. No. 431/1995 and addictive poisons in the meaning of the Suchtmittelgesetz, BGBl. I No 112/1997,

5.

the following substances and mixtures intended for the final consumer in the form of finished products within the meaning of Article 2 (6) of the REACH-V:

a)

Medicinal products within the meaning of Directive 2001 /83/EC on the Community code relating to medicinal products for human use, OJ L 327, 30.4.2001, p. No. OJ L 311, 28.11.2001, p.67,

b)

Veterinary medicinal products within the meaning of Directive 2001 /82/EC on the Community code relating to veterinary medicinal products, OJ L 327, 30.4.2001, p. No. OJ L 311, 28.11.2001, p. 1,

c)

cosmetic products within the meaning of Directive 76 /768/EEC on the approximation of the laws of the Member States relating to cosmetic products, OJ L 76, 23.4.1976 No. OJ L 262, 27.9.1976, p. 169,

d)

Medical devices and medical devices within the meaning of Directives 90 /385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices, OJ L 158, 30.4.1990, p. No. 17 and 93 /42/EEC on medical devices, OJ L 189, 20.7.1990, p. No. 1., which are used in an invasive manner or under body contact, and in the context of Directive 98 /79/EC on in vitro diagnostic medical devices, OJ L 327, 28.12.1998, p. No. OJ L 331, 7.12.1998, p. 1 and

e)

Food or feed within the meaning of Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down rules for the establishment of the European Food Safety Authority and the European Food Safety Authority Food safety procedures, OJ L 327, No. OJ No L 31, 1.2.2002, p. 1.

(4) The III. Section does not apply to heating oils. Fuels for internal combustion engines are from the application of the III. Section of this federal law shall be excluded if they are not intended for the operation of models (model aircraft, model cars, etc.). This shall also apply to fuels intended for the operation of fuel cells, if, on the basis of the normal or reasonably foreseeable conditions of use, including disposal, there is no risk to the human being can be. For the operation of models certain fuels, which are poisons within the meaning of § 35 Z 1, are exempt from the application of § § 41 to 44. Persons entitled to the right of access for this purpose shall be entitled to the reference for this purpose; however, persons who are minors shall only be responsible for the receipt of a written confirmation from the legal guardian that he agrees to the relationship of these poisons.

Competent authority in accordance with the REACH-V and participation of Umweltbundesamt GmbH in the context of implementation

§ 6. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is the competent authority in accordance with Art. 121 of REACH-V.

(2) Unless otherwise specified in the following, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall carry out the tasks required under the REACH-V and the legal acts of the institutions of the European Union based thereon. performing. These tasks shall include in particular the following activities:

1.

Opinions on the draft decisions of the European Chemicals Agency (hereinafter referred to as ECHA) in accordance with Article 9 of the REACH (Product and Process-oriented Research and Development),

2.

Examination of draft decisions in the context of the dossier and substance assessment in accordance with Article 51 of the REACH-

3.

Material assessment pursuant to Articles 44 to 48 of the REACH-V as well as the examination of updates of those registration dossiers in accordance with Art. 22 of the REACH-V, if Austria has taken over the substance assessment,

4.

Acting as rapporteur or co-rapporteur on ECHA committees pursuant to Art. 87 of the REACH-

5.

Preparation and elaboration of restriction dossiers pursuant to Art. 69 (4) of the REACH-V and their continued support until the conclusion of the procedure laid down in Article 69 of the REACH-V, as well as preparation and preparation of proposals for review from existing restrictions in accordance with Article 69 (5), third sentence, of the REACH-V,

6.

Identification of substances referred to in Article 57 of the REACH-V referred to in Article 59 (3) and (5) of REACH-V ('substances of particular concern '),

7.

preparation and preparation of approval dossiers in accordance with Article 59 of the REACH-V and their continued support until the conclusion of the procedure laid down in Article 58 of the REACH-Treaty;

8.

Determination of whether, in the light of a risk suspicion, a registrant has further information on isolated intermediate products, in accordance with Art. 49 lit. a of the REACH-V, and examination of the risk reduction measures in accordance with Art. 49 lit. b of the REACH-V,

9.

Support for committees and the Forum pursuant to Article 85 (6) and Article 86 (3) of the REACH-V,

10.

Preparation of reports to the European Commission pursuant to Art. 117 (1) of the REACH-V,

11.

Participation in cooperation with the European Commission, ECHA and the competent authorities of other Member States pursuant to Articles 121 and 122 of the REACHV,

12.

Information to the public on substance risks in accordance with Art. 123 of the REACH-V,

13.

Information of ECHA on substances in accordance with Article 124 of the REACH-V,

14.

Perception of the function of the national information centre in accordance with Art. 124 of the REACH-V,

15.

coordination and, where necessary, the development of priority programmes for enforcement in accordance with Art. 125 of the REACH-V,

16.

Decisions within the meaning of Section 8 on exceptions pursuant to Article 2 (3) of the REACH-V and

17.

Nomination of persons for the Risk Assessment Committee according to Art. 76 (1) (lit). c of the REACH-V, for the Committee for Socioeconomic Analysis pursuant to Art. 76 (1) (lit). d the REACH-V, for the Committee of the Member States in accordance with Art. 76 (1) lit. e of the REACH-V and for the Forum pursuant to Art. 86 of the REACH-V on the basis of a proposal by the provincial capitals.

(3) In matters relating to nomination of persons for the Committee on Risk Assessment in accordance with Art. 76 (1) (lit). c of the REACH-V and for the Committee for Socioeconomic Analysis pursuant to Art. 76 (1) (lit). d the REACH-V, in matters of nomination of Members for the Committee of the Member States in accordance with Art. 76 (1) (lit). e REACH-V as well as in matters of the REACH-V, to which regulations of the Federal Minister for Agriculture, Forestry, Environment and Water Management are enacted, is the agreement with the Federal Minister for Economic Affairs, Family and Youth as well as with the Federal Minister for Labour, Social Affairs and Consumer Protection.

(4) If the Federal Minister for Agriculture, Forestry, the Environment and Water Management is to draw up a dossier in accordance with paragraph 2 Z 5 with a view to the inclusion of a substance in Annex XVII of the REACH-V, the Federal Minister for Agriculture, Forestry, Environment and Water shall have the responsibility for the substance and the affected persons concerned. To make use of the agreement with the Federal Minister of Health, the Federal Minister for Economic Affairs, Family and Youth and the Federal Minister for Labour, Social Affairs and Consumer Protection.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall, if necessary, carry out appropriate research for the determination of a substance for the authorisation procedure provided for in paragraph 2 (6) of this Article; Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular from the data of registration dossiers and related chemical safety reports, and available information on uses on the workplace, indications that a particular substance from manufacturers, Importers or downstream users in Austria shall inform the Federal Minister for Agriculture, Forestry, the Environment and Water Management on request whether they use this substance and, if appropriate, to provide information on the quantities and uses used. On the basis of the data available, the Federal Minister for Agriculture, Forestry, Environment and Water Management, in agreement with the Federal Minister for Health, the Federal Minister for Economic Affairs, Family and Youth and with the Federal Minister for Economic Affairs, Work, social affairs and consumer protection to decide whether a substance is to be prepared for a substance in accordance with paragraph 2 (2) (7); such a dossier can also be worked out in cooperation with other Member States. In the sense of an active participation of Austria in the authorisation procedure, taking into account the available resources, it is necessary to ensure the preparation of two dossiers to be submitted to the ECHA each year, with the introduction also of: together with other Member States in the lead or co-acting role.

(6) The Federal Minister for Agriculture, Forestry, the Environment and Water Management can fulfil his tasks arising from the REACH-V and the resulting communication requirements (e.g. "REACH-IT") The involvement of Umweltbundesamt GmbH in the context of § 6 (2) and (3) of the German Environmental Control Act (Environmental Control Act), BGBl. I No 152/1998. Participation in the tasks referred to in paragraph 2 (1) to (4) shall also include the omission of self-employed concern for these tasks; the self-employed concern in individual cases requires that the Federal Minister for Agriculture, Forestry, the Environment and Water management has been informed in advance and has expressly given its consent. The Federal Minister for Agriculture, Forestry, Environment and Water Management can be a member of the Federal Environment Agency (Umweltbundesamt GmbH) as a national information centre ("Helpdesk"). in accordance with paragraph 2 of the Z 14. At the request of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the Umweltbundesamt GmbH is obliged to provide the information necessary for the performance of its tasks in accordance with paragraph 2, and in particular also on the status of the respective , and to submit relevant documents.

(7) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to summarize the data collected by the supervisory authorities (§ 64) in a report for the reporting pursuant to paragraph 2 (2) of the Z 10 in a report and in accordance with the reports. referred to in Article 117 of the REACHV-time limits of the ECHA.

(8) In the course of their monitoring activities, the surveillance authorities shall establish that the risk to human health or the environment by means of measures for the control of isolated intermediates in accordance with Article 49 of the REACH-V is not sufficient or that, in the case of the use of the substance concerned, there is a suspicion of risk to human health or the environment in the case of the use of the substance in question 124 of the REACH-V, they shall immediately inform the Federal Minister for Land and State of the Forestry, the environment and water management.

(9) The ECHA places an assessment of registration dossiers according to Title VI of the REACH-V on the basis of an assessment of registration dossiers according to the REACH-V, which shall not be carried out within the ECHA's own food shall be completed or shall be subject to information pursuant to Art. 49 lit. a) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, despite the setting of a grace period, did not transmit the REACH-V to the REACH-V. After verification of the facts, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has a qualified test laboratory with the implementation of the tests carried out. , and to prescribe the costs accrued to the pledge for the purpose of carrying out this audit.

Competent authority in accordance with the CLP-V

§ 7. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is the competent authority in accordance with Art. 43 of the CLP-V.

(2) Unless otherwise specified in the following, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall carry out the tasks required by the CLP-V and the legal acts based thereon. These tasks shall include in particular the following activities:

1.

Introduction of proposals for harmonised classification and labelling in accordance with Article 36 in conjunction with Article 37 (1) of the CLP-V; this also includes the supply of provisional classification dossiers for active substances of plant protection products and Biocidal products in accordance with Article 36 (2) of the CLP-V to ECHA, which is produced by the institutions responsible for the evaluation of active substances under plant protection law ("Federal Office for Food Safety-BAES") and Biozidrecht within the framework of the evaluation of the active substance and to the Federal Minister for Agriculture, Forestry, Environment and Water Management in accordance with Art. 37 , the last sentence of the CLP-V format is provided.

2.

Receipt of proposals by manufacturers, importers or downstream users to modify the harmonised classification and labelling elements of a substance on the basis of new information pursuant to Article 37 (6) of the CLP-V,

3.

the exercise of the function of the national information centre pursuant to Article 44 of the CLP-V;

4.

Preparation of reports to the European Commission pursuant to Art. 46 (2) of the CLP-V,

5.

participation in cooperation with the European Commission, the ECHA and the competent authorities of other Member States in accordance with Article 43 of the CLP-V,

6.

Coordination and, if necessary, the development of priority programmes for enforcement pursuant to Article 46 (1) of the CLP-V,

7.

Decisions within the meaning of Section 8 on exceptions pursuant to Art. 1 (4) of the CLP-V and

8.

Performance of the tasks of the Information Reception and Emergency Refueling Agency according to Art. 45 of the CLP-V.

(3) Before the Federal Minister for Agriculture, Forestry, Environment and Water Management independently works out a proposal for the harmonised classification and labelling for the submission to ECHA in accordance with Article 37 (1) of the CLP-V, he/she has the Agreement with the Federal Minister of Health, the Federal Minister for Economic Affairs, Family and Youth and the Federal Minister for Labour, Social Affairs and Consumer Protection. If, pursuant to Article 36 (2) of the CLP-V, a preliminary classification dossier for an active substance of plant protection products or biocidal products is drawn up by the competent institutions referred to in paragraph 2 Z 1, the Federal Minister for Land and Forestry, the environment and water management to inform the Federal Minister for Economic Affairs, the Family and Youth immediately.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management can meet his tasks arising from the CLP-V and the resulting communication requirements (e.g. "REACH-IT") The involvement of Umweltbundesamt GmbH within the scope of section 6 (2) and (3) of the Environmental Control Act. Participation in the tasks referred to in paragraph 2 Z 1 also includes the transfer to the Umweltbundesamt GmbH for the self-employed concern of these tasks; the self-employed concern in individual cases requires that the Federal Minister for Land-and- Forestry, the environment and water management were informed in advance by the Umweltbundesamt GmbH and expressly gave its consent. The Federal Minister for Agriculture, Forestry, Environment and Water Management can be a member of the Federal Environment Agency (Umweltbundesamt GmbH) as a national information centre ("Helpdesk"). in accordance with paragraph 2 Z 3. At the request of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the Umweltbundesamt GmbH is obliged to provide the information necessary for the performance of its tasks in accordance with paragraph 2 above, in particular on the status of the respective , and to submit relevant documents.

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to summarize the data entered by the supervisory authorities (§ 57) in a report for the reporting pursuant to Section 2 (4) of the Report and in accordance with the data submitted in accordance with the provisions of paragraph 2 of the above-mentioned report. Article 46 (2) of the CLP-V must be submitted to ECHA periods.

Exceptions to the scope of the REACH-V and the CLP-V

§ 8. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, at the request of a manufacturer, importer, downstream user or trader (distributor) in the sense of the REACH-V for a particular substance as such, in the following: mixtures or in products or for mixtures of exceptions to the REACH-V or the CLP-V if the requested exemption is necessary in the interest of the national defence of the EU Member State designated by the applicant.

(2) An application as referred to in paragraph 1 shall contain the following information:

1.

the name of the substance or of the mixture,

2.

the quantity of the substance,

3.

Indication of the rules of the CLP-V or of the REACH-V, for which an exemption from the substance or the mixture is requested; and

4.

Indication of the EU Member State to which the exception relates.

(3) If an application pursuant to para. 1 relates to the Austrian national defence, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall submit this request to the Federal Minister for Defence and Sport for the Evaluation of the State of Austria , on the basis of this assessment, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has informed the Commission of the exception to be made in the interest of defence of the Land. decision. This also applies to cases in which an application in this regard from another Member State of the European Union has been forwarded to the Federal Minister for Agriculture, Forestry, the Environment and Water Management. Insofar as the Federal Minister for National Defence and Sport directly refers to the substances, mixtures or products referred to in paragraph 1, he shall have the information provided for in paragraph 2 to the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be documented.

(4) Where a corresponding request for derogation is made in Austria pursuant to paragraph 1 for the purpose of defending the national defence of another Member State of the European Union, the Federal Minister for Agriculture, Forestry, the Environment and Water Management to submit such a request to the authority responsible for the REACH-V or the CLP-V in accordance with the relevant legislation of the Member State, with the request for an evaluation, whether the requested derogation is in the interest of the national defence of the Member State is required. On the basis of this assessment, the Federal Minister for Agriculture, Forestry, Environment and Water Management has to decide on the exception.

Competent authority in accordance with Articles 26 and 27 of the EU's Ozone

§ 9. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is the competent authority in accordance with Articles 26 and 27 of the EU-Ozone V.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has provided the European Commission with information in accordance with Art. 26 (1) (lit) for each year up to 30 June of the following year. a to c of the EU's OOzone. "

13. § 17 together with the title is:

" Prohibitions, restrictions and implementing measures concerning EU law in the form of regulations

§ 17. (1) In so far as it is necessary to avoid hazards to the life or health of humans or to the environment, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has, in the light of the relevant provisions, Legislation of the European Union in agreement with the Federal Minister of Health, the Federal Minister for Economic Affairs, Family and Youth and the Federal Minister for Labour, Social Affairs and Consumer Protection by means of a regulation according to the state of the art Technology (§ 2 Z 7) to specify that:

1.

certain dangerous substances, certain dangerous mixtures or products which may or may not contain such a substance or mixture, or substances, mixtures or products, their manufacture, placing on the market or the intended or foreseeable use or treatment as waste may be associated with hazards or risks, not only in a specific nature, quantity, presentation, packaging or labelling, for certain purposes only or only with limitations, may be placed on the market or used;

2.

Manufacturing or use procedures in which certain dangerous substances or dangerous mixtures or products referred to in Z 1 are produced, or where there is a significant risk or danger to man or the environment , may be prohibited;

3.

for certain substances or mixtures whose safe production, marketing and use in accordance with the state of the art (§ 2 Z 7) requires risk management measures, monitoring measures or, where necessary, running or recurrent, general or specific monitoring and reporting requirements;

4.

substances and mixtures which have certain dangerous properties or whose handling or use is to be expected from hazards or risks, the principles of the III. Section shall be applied;

In place of the relevant regulations, relevant technical standards can also be declared binding by regulation.

(2) In so far as it is necessary to avoid hazards to the life or health of humans or to the environment, the Federal Minister for Agriculture, Forestry, the Environment and Water Management has, in the light of the relevant provisions, Legislation of the European Union in agreement with the Federal Minister for Economic Affairs, Family and Youth and the Federal Minister for Labour, Social Affairs and Consumer Protection on the basis of the state of the art (§ 2 Z 7) by Regulation shall also specify that persons,

1.

the certain dangerous substances, certain dangerous mixtures or products which may or may contain such a substance or mixture, produce, place on the market or use it or use it in the course of their professional activities; Circumvent the activity, or

2.

the manufacture, placing on the market or use of substances, mixtures or products whose production, placing on the market or intended or foreseeable use or treatment as waste may be associated with hazards or risks intend or plan to deal with them in their professional activities or plan to deal with them,

one or more of the obligations referred to in paragraph 3.

(3) The persons referred to in paragraph 2 may be obliged to:

a)

to report certain data to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular for risk assessment necessary information on the nature of the activity or on procedures (processes), the qualification of the persons working in a particular area, the nature, quantity and intended use of the substances, mixtures or products used and their customers, and in so far as the determination of certain other relevant data in accordance with the applicable data European Union law is provided for, or is required,

b)

in the case of certain activities which may be associated with a hazard or risk to man or the environment, to obtain prior authorisation from the country's main manor, where such authorisation shall be granted where the authorisation is granted by the applicants can be shown to be able to carry out the activity in question in such a way that these risks or risks can be adequately controlled,

c)

to demonstrate the fulfilment of certain requirements in respect of its reliability and suitability to the Governor by appropriate certificates, expert opinions or certificates,

d)

To demonstrate the knowledge or knowledge of the First Aid to the Governor of the State,

e)

the Governor of the State, the specific expertise and quality requirements laid down for certain areas of activity relating to a particular activity carried out by the undertaking, including the appropriate equipping of the undertaking with staff and resources, on the basis of appropriate documentation.

(4) 'Dangerous' within the meaning of paragraphs 1 and 2, for substances as from 1 December 2010, refers to the categories of danger defined in accordance with Article 3 in conjunction with Annex I of the CLP-V. "Dangerous" as referred to in paragraphs 1 and 2, for mixtures up to 1 June 2015, refers to the hazard categories of Directive 67 /548/EEC and Directive 1999 /45/EC; as from 1 June 2015, as defined in Article 3 in conjunction with Annex I of the CLP-V, Hazard categories.

(5) Insofar as in matters of the EU acts referred to in Article 5 (1) and (2)-without prejudice to § 6 (3)-or in regulations, directives or decisions of the Council, the European Commission or other institutions, the substantive areas of this The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in agreement with the German Federal Minister for Agriculture, Forestry, the Environment and Water Management, provide for implementing measures or implementing measures for the exercise of Union-law authorisations. the Federal Minister for Economic Affairs, Family and Youth and with the Federal Minister for Labour, Social Affairs and Consumer Protection these measures for the implementation, implementation or application of EU law in conformity with EU law by an appropriate regulation pursuant to this Federal Act, in so far as the above-mentioned provisions are Acts in this respect are sufficiently determined.

(6) The Regulation shall be subject to reporting obligations within the meaning of paragraph 1 (3) or (3) (3). a) is subject to the protection of legitimate interests of secrecy within the meaning of the Data Protection Act 2000, DSG 2000, BGBl. I n ° 165/1999, to determine who the reporting requirements are under which conditions and how frequently the notifications have to be made, as well as the types of data collected by the reporting requirements, who may use this data and to whom the reporting requirements are to be used. what kind and for what purposes the data may be used.

(7)

1.

this is compatible with the protection objectives of this federal law and is required according to the state of the art (§ 2 Z 7), can be determined in regulations pursuant to paragraphs 1 to 3, that temporary exemptions from the prohibition of manufacture, placing on the market or the The use of certain hazardous substances, mixtures or products can be granted in individual cases by the Federal Minister for Agriculture, Forestry, the Environment and Water Management. In any event, it should be specified in the Regulation for which purposes special authorisations may be granted, who is entitled to apply for the application, which conditions of authorisation must be available and for which period of time a Exceptional authorisation can be used at the maximum. A company is entitled to apply for the grant of the exceptions set out in regulations pursuant to para. 1 to 3, even if it is not a registered office or a branch in Austria, but one or more of its own. has one in the European Union; such a request shall be submitted to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, who shall have to decide on this;

2.

The Federal Minister for Agriculture, Forestry, the Environment and Water Management may provide for individual exceptions to the restrictions or authorisations granted to Member States in respect of the granting of derogations in European Union legislative acts. Implementation, implementation or application of EU law in accordance with this federal law by means of a communication of individual exceptions on a reasoned request, in so far as these exceptions are sufficiently determined by the relevant EU legislation .

(8) For decisions concerning exceptions within the meaning of paragraph 7, which relate exclusively to installations which are subject to the MinroG, BGBl, MinroG, MinroG. I n ° 38/1999 is the responsibility of the Federal Minister for Economic Affairs, the Family and Youth.

(9) Exceptions within the meaning of paragraph 7, which have been granted with the decision of the Governor of the Land, shall remain in force for as long as this is provided for in the respective communication. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the power to carry out these tasks, if authorized in existing regulations within the meaning of paragraphs 1 to 3 of the Landeshauptmann for the granting of exceptions. "

14. § 18 reads:

" § 18. When the Federal Minister for Agriculture, Forestry, the Environment and Water Management comes to the reasoned assumption that a substance or a mixture poses a danger to man or the environment due to inappropriately classification, packaging or labelling. , or that the conditions laid down in Article 129 of the REACH-V are fulfilled, even though the substance, mixture or product concerned is subject to the provisions of this Federal Act and of the administrative acts based on it, or In accordance with the provisions of the relevant EU legislative acts, it shall, in so far as it may be With regard to the protection objectives of this Federal Law, it is necessary to take appropriate provisional measures and without delay on these measures (including the base of the measures) to the European Commission, the Member States and the ECHA shall be informed. In particular, the Federal Minister for Agriculture, Forestry, the Environment and Water Management may prescribe or prohibit the placing on the market of a classification other than the classification made pursuant to § 21, or on conditions or conditions or conditions or conditions or conditions or conditions or conditions. Establish requirements. If, following a review, the European Commission requests the competent authority to repeal its provisional measure, it shall, without any unnecessary delay, be repealed or repealed. '

15. § 19 (1) reads:

" (1) Those who use dangerous substances, dangerous mixtures or mixtures for which a safety data sheet is provided for in accordance with Article 31 (3) of the REACH-V, or use dangerous products or treated as waste, has in particular on the basis of the packaging, or in the form of packaging texts, the information provided to it and the legislation applicable to it, which shall be used to determine the measures to be taken with regard to health and environmental protection. Anyone in Austria exercising power over substances, mixtures or products which are not stored in the territory of the Federal Republic of Austria, in order to transfer them to other EU Member States, or to use them in other EU Member States, , it shall ensure that they are classified, labelled and packaged accordingly and that all other requirements relating to chemicals are complied with. "

16. In Section 19 (3), the word "new" .

17. The title of § 20 reads:

"The export and import of hazardous chemicals, persistent organic pollutants and mercury"

18. § 20 (1) reads:

"(1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is the" designated national authority " for the Republic of Austria within the meaning of Art. 4 of the PIC-V responsible for the enforcement of this Regulation (EC) and named "competent authority" shall be the competent authority within the meaning of Article 15 of Regulation (EC) No 850/2004 on persistent organic pollutants and for the enforcement of this Regulation (EC), unless otherwise specified in paragraphs 2 and 3. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the Commission, in accordance with Article 21 (1) of the PIC-V, on the functioning of the procedures laid down, including information on customs controls, infringements, sanctions and Report on remedial action on a regular basis. "

19. In § 20 (2) and (3), the expression "Federal Minister for Economic Affairs and Labour" by the expression "Federal Minister for Economic Affairs, Family and Youth" replaced.

20. § 20 (4) to (6) reads as follows:

" (4) In the case of exports of substances, mixtures and products and pesticides subject to prohibitions or severe restrictions, the exporter shall, in accordance with the PIC-V, be in third countries all connected with the export notification. Commitments to be fulfilled. The export notification shall, as far as possible, be carried out in electronic form by means of the European database for the export and import of dangerous chemicals (EDEXIM). Substances, mixtures and products and pesticides may not be exported to the extent that they are subject to an export ban in accordance with Annex V to that Regulation of the European Union. To the extent that it is necessary for the prevention of risks to the life or health of humans or the environment, the Federal Minister for Agriculture, Forestry, the Environment and Water Management may further export bans in agreement with the Federal Minister for Economic Affairs, Family and Youth and the Federal Minister for Labour, Social Affairs and Consumer Protection set out by regulation according to the state of the art (§ 2 Z 7).

(5) The provincial governor and the customs authorities shall be the authorities within the meaning of Article 17 of the PIC-V. In order to enforce Article 17 (2) of the PIC-V in relation to exports to third countries and imports from third countries, and to monitor compliance with such provisions in the import and export of substances, mixtures, Products and pesticides within the meaning of Article 17 (2) of the PIC-V by the customs authorities are the responsibility of the Federal Minister of Finance.

(6) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be the competent authority in accordance with Article 7 of the EU-mercury V. "

21. Section 21 (1) and (2) reads:

" (1) Any person who places substances or mixtures on the market shall, in accordance with its responsibility pursuant to § 27, to investigate whether these substances or mixtures are dangerous properties in accordance with § 3 (8) to the date set forth in § 77 (8). (1); from the aforementioned points in time (section 77 (8)), investigations must be carried out to determine whether they have dangerous properties in accordance with Art. 3 in conjunction with Annex I of the CLP V. In the presence of one or more of these dangerous properties, it shall classify the substances and mixtures concerned accordingly. A classification and labelling according to the CLP-V (Art. 61 (2) is permitted. In this case, Art. 61 of the CLP-V and Article 31 of the REACH-V (in particular paragraph 10) shall apply.

(2) If the classification of a substance or a mixture is not already based on a list of harmonised classifications and markings in Annex VI, Part 3, on the basis of a list of substances referred to in the following text (Table 3.1 and Table 3.2). CLP-V classification has been sufficiently specified within the meaning of paragraph 5 in conjunction with Section 1.2 of Annex VI of the CLP-V and is fully specified, or arranged with a communication according to § 18, the classification shall be based on the REACH-V and the implementing provisions adopted for that purpose (EC), and Calculation methods, scientific knowledge, epidemiological data and experiences on human effects, such as data on occupational exposure and data from accident databases, as well as all other facts and figures. Circumstances indicating a harmful effect (Section 19 (2)), including sources of information and knowledge cited in the CLP-V, as well as a classification already in place in other relevant European Union legislation and to use it. "

22. In § 21 (3), the word order is deleted "within the meaning of section 3 (1)" .

23. § 21 (4) and (5) reads:

" (4) From facts or circumstances within the meaning of § 19 (2), that a substance or a mixture has a dangerous property previously unknown or more serious than previously known to the person responsible for the classification (§ 27), has the person responsible for the classification (§ 27) to classify the substance or the mixture in accordance with these findings and to submit a written communication to the Federal Minister for Agriculture, Forestry, the Environment and Water Management on request .

(5) The classification of a substance or of a mixture shall be carried out in accordance with the list of substances referred to in paragraph 2. Where a substance is included in the substance list for a substance, a minimum classification as set out in Annex VI (in particular section 1.2) of the CLP-V is provided and, as a result of the registration or other access to it (paragraph 1), 2) Data is subject to reasonable suspicion that this minimum classification is less stringent than the classification corresponding to the actual dangerous properties of the substance, manufacturers and importers shall immediately investigate the situation in accordance with paragraph 2. 2 as well as, where appropriate, to adapt the classification and labelling accordingly and to document this to the Federal Minister for Agriculture, Forestry, Environment and Water Management on request. "

24. In § 21 (6), after the word order "State of the art" the parenthesis expression "(Section 2 (15))" by the parenthesis expression "(Section 2 (7))" replaced.

25. § 22 (2) Z 3 reads:

" 3.

Tests carried out in accordance with the Chemicals Registration Ordinance 2002, BGBl. II No 428/2002, as well as the tests carried out for registration in accordance with the REACH-V or classification in accordance with the CLP-V and other sources of information and knowledge provided for under the CLP-V, to the extent that this is the case. Review of the classification is required. "

26. In § 23 (1), the second sentence in the introductory part shall be replaced by the following sentences:

" If, after the CLP-V, the CLP-V is used in relation to the packaging, the regulations laid down therein shall apply. Where, in accordance with Article 61 of the CLP-V, the CLP-V is not applied, the packaging shall comply with the following requirements and in accordance with the conditions laid down in a Regulation as set out in paragraph 2: "

27. The subsection of section 24 (1) reads as follows:

" Dangerous substances and dangerous mixtures may only be placed on the market if they are labelled according to their characteristics. The marking shall be clearly visible and legible and shall be affixed permanently to each package. It must be in German language, without prejudice to the PIC V, if the substances or mixtures are intended for domestic supply, and must be comprehensible in general terms. Where the CLP-V is used in accordance with the CLP-V, the rules laid down in the CLP-V shall apply. The marking of fuels, fuels and lubricants shall be carried out in each case after the CLP-V, as from the dates laid down in section 77 (8): upon delivery from a dispensing device (dispensing column) for direct consumption on the dispensing device; Delivery from a dispensing device directly into containers (canisters) both on the dispensing device and on the container. In both cases, however, the name, address and telephone number of the company (Art. 17 para. 1 lit. a the CLP-V); early identification after the CLP-V is allowed. The above-mentioned labelling of fuels, fuels and lubricants must be carried out until such time as the relevant EU legislation is regulated. If such an EU-legal system is adopted, the Federal Minister of Agriculture, Forestry, Environment and Water Management will publish a notice in the Federal Law Gazprom. Where the CLP-V is not applied in accordance with Article 61 of the CLP-V, the labelling shall comply with the following requirements and paragraphs 2 to 7, together with the conditions laid down in a Regulation as set out in paragraph 6. It shall contain at least the following information: "

28. In § 24 (1) Z 6, the parenthesis shall be deleted " (Article 21 (1) and (2) of Directive 67 /548/EEC, as amended by Directive 92 /32/EEC, OJ L 206, 22.7.1992, p. No. OJ L 154/1 of 5 June 1992) .

29. In § 24 para. 1 Z 7 the phrase " Annex I to Directive 67 /54/EEC, OJ L 206, 22.7.67. No. 196, " through the phrase "Annex VI, Part 3, of the CLP-V" replaced.

30. § 24 (5) reads:

" (5) Hazardous substances and mixtures intended for shipment to other Member States shall be accompanied by a clear and visible indication that they are not intended to be delivered domestically during storage, storage or in the event of a presume- shall be determined. "

31. § 25 (1) to (5) reads:

" (1) The relevant provisions of the REACH-V (in particular Article 31) and the CLP-V shall apply to those substances and mixtures for which the transmission of safety data sheets to the respective purchasers is established. In the case of a non-hazardous mixture within the meaning of Article 3 (1) or (4) (1), which contains a substance for which a national limit value for exposure to the workplace is established, the purchaser shall, at the request of a person, select a substance which is to be identified Safety data sheet or corresponding information according to Art. 32 of the REACH-V is to be made available. In the case of a dangerous mixture or mixture as defined in Article 31 (3), Section 8 of Annex II to the REACH-V shall be listed in the safety data sheet for each substance contained in the mixture, the national limit laid down in each case.

(2) The safety data sheet shall comply with the requirements of Art. 31 (6) and Annex II of the REACH-V. In the safety data sheet for substances and mixtures classified, labelled and packaged in accordance with CLP V, the classification and labelling according to the CLP-V and, in addition, by 1 June 2015, shall be the classification of the substance, the mixture and the components in accordance with Directive 67 /548/EEC or Directive 1999 /45/EC, as referred to in Article 31 of the REACH Regulation. With regard to the responsibility for the safety data sheet, the corresponding regulations of the REACH-V and the obligations laid down in accordance with paragraphs 4 to 7 shall apply.

(3) On request, the safety data sheet shall also be the institution and authority responsible for the supervision of this Federal Law, the Federal Minister for Labour, Social Affairs and Consumer Protection, the Federal Minister for Health, the Federal Minister for Health and Consumer Protection, transport, innovation and technology, as well as any purchaser of a dangerous substance or mixture, provided that a safety data sheet is required, free of charge.

(4) The safety data sheet (including the annexes) must be written in German in the case of a levy in Austria. The information contained in the safety data sheet must enable operators of the supply chain and distributors within the meaning of Article 3 (14) of the REACH-V (distributors) to assess the risks arising from the use of the substances or mixtures used in the safety data sheet. the safety and health of workers and the protection of the environment, and appropriate measures to be taken to ensure that these risks are properly mastered. Under point 1.4. The telephone number of the Vergiftungsinformationszentrale der Gesundheit Österreich GmbH, Tel.Nr. +43 1 406 43 43 is to be found when placing on the market in Austria (emergency number).

(5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in agreement with the Federal Minister for Economic Affairs, the Family and Youth, and the Federal Minister for Economic Affairs, the European Union, and the Federal Minister for Economic Affairs, Federal Minister for Labour, Social Affairs and Consumer Protection by Regulation more detailed provisions on the safety data sheet. This Regulation may also provide for an extended duty to comply with a safety data sheet. "

32. § 25 (7) reads:

Operators of the supply chain and dealers within the meaning of Art. 3 Z 14 of the REACH-V (distributor) shall, on the basis of the information and applicable legislation submitted to them in the safety data sheet, decide which measures are to be taken in respect of: of health and environmental protection must be taken for the appropriate control of risks. "

33. § 26 together with the title shall be deleted.

34. § 27 reads:

" § 27. (1) Without prejudice to the obligations laid down in the EU legislative acts referred to in Article 5 (1), in particular the REACH-V and the CLP V (in particular Article 4), obligations for compliance with the obligations relating to product observation (Section 19 (2)) are fulfilled; Transmission of information on mixtures (§ 19 (4)), re-research and classification (§ 21), packaging and labelling, or In any event, information obligations shall be responsible for the following suppliers within the meaning of Article 3 of the REACH-V, in so far as they comply with Article 61 of the CLP-V as far as the chemicals legislation based on Directive 67 /548/EEC or Directive 1999 /45/EC is applicable. Apply or apply legislation:

1.

in relation to the obligations relating to classification:

a)

in any case, the manufacturer of a substance, the importer of a substance or a mixture, the downstream user who uses a substance in a mixture (manufacturer of a mixture),

b)

in addition, any other supplier of a substance or mixture; traders within the meaning of Article 3 (14) of the REACH-V (distributor) may, however, use the classification for a substance or a mixture obtained by an upstream actor in the supply chain; was made. Downstream users may use the classification for a substance or a mixture made by an upstream actor in the supply chain, provided that they do not alter the composition of the substance or mixture.

2.

in respect of the obligations relating to labelling and packaging, in addition to those relating to Z 1 lit. (a) any other supplier who places on the market a substance or a mixture. For the execution of the marking in German according to § 24 (1), everyone is responsible for placing substances or mixtures that are subject to labelling requirements in Austria.

(2) Without prejudice to paragraph 1, any supplier of a substance or of a mixture to be qualified as referred to in paragraph 1 shall be responsible for the compliance with the obligations referred to in paragraph 1 in so far as he is responsible for the circumstances and facts relating to the obligations of the supplier. of these duties knew or should have known. "

35. § 28 together with the title shall be deleted.

36. In § 30 (3) and § 32 (1) the word order shall be "Federal Minister for Economic Affairs and Labour" through the phrase "Federal Minister for Economic Affairs, Family and Youth" replaced.

37. In § 30 (3) and in § 32 (1), after the phrase "State of the art" the parenthesis expression "(Section 2 (15))" by the parenthesis expression "(Section 2 (7))" replaced.

38. In § 33, the phrase "The persons responsible pursuant to § 27 (1)" through the phrase "Detergents-manufacturers within the meaning of Article 2 (10) of Regulation (EC) No 648/2004 on detergents" replaced.

39. § 35 reads:

" § 35. For the purposes of this section, poisons shall be substances and mixtures which:

1.

up to the date laid down in Article 77 (8), in accordance with Directive 67 /548/EEC or Directive 1999 /45/EC, as very toxic (T + ) or toxic (T) are classified and labelled; from the date specified in section 77 (8), poisons within the meaning of this section shall be

a)

Substances if they are

aa)

in accordance with Art. 3 in conjunction with Annex I of the CLP-V or in Annex VI, Part 3, Table 3.1, of the CLP-V as acutely toxic to categories 1 or 2 with the H-phrases H300, H310 or H330 or to the specific target organ toxicity of category 1 with the H-phrases H370 (single exposure) or H372 (repeated exposure), are identified and labelled; or

bb)

in accordance with Article 3 in conjunction with Annex I of the CLP-V as acute toxic category 3, classified and labelled with H-phrases H301, H311 or H331 and listed in Annex VI, Part 3, Table 3.2 of the CLP-V or according to section 2 of the Safety Data Sheet are classified as very toxic (T +) or toxic (T).

b)

Mixtures if they are acutely toxic in categories 1 or 2 (H300, H310 or H330) or as specific target organ toxicity of category 1 with H-phrases H370 (single exposure) in accordance with Art. 3 in conjunction with Annex I of the CLP-V or H372 (repeated exposure).

2.

up to the date laid down in Article 77 (8), in accordance with Directive 67 /548/EEC or Directive 1999 /45/EC, as harmful to health (minor toxic) (X N ) , as from the date laid down in section 77 (8), poisons within the meaning of this section shall be

a)

Substances if, in accordance with Art. 3 in conjunction with Annex I of the CLP-V or in Annex VI, Part 3, Table 3.1, the CLP-V as acutely toxic to categories 3 or 4 with the H-phrases H301, H311, H331, H302, H312 or H332, as the specific target organ-toxicity of the Category 2 with H-phrases H371 (single exposure) or H373 (repeated exposure), as aspirational (aspiration hazard) with H-set H304, or as respiratory sensitising with H-set H334, and identified, provided that: they do not fall under the criteria laid down in each case in Z 1;

b)

Mixtures if, in accordance with Art. 3 in conjunction with Annex I of the CLP-V, they are acutely toxic to categories 3 or 4 with H-phrases H301, H311, H331, H302, H312 or H 332, as specific target organ toxicity of category 2 with H-phrases H371 (one-off exposure) or H373 (repeated exposure), as aspirational (aspiration hazard) with H-set H304, or as respiratory sensitising with H-set H334, and are identified, unless they are defined in each case in Z 1 Criteria fall.

If substances or mixtures already before the dates specified in § 77 (8) after the CLP-V (Art. 61 (2), the criterion relating to the classification of poisons within the meaning of Z 1 shall be the classification as very toxic or toxic in accordance with Directive 67 /548/EEC or of the Directive 1999 /45/EEC, which must be included in the safety data sheet in accordance with Art. 31 of the REACHV. "

40. § 36 together with the title shall be deleted.

41. § 37 (1) deleted.

42. In § 37 (2), the phrase in the first sentence shall be: "dangerous within the meaning of § 3 (1) (6), (7) or (9)" through the phrase "the poisons within the meaning of § 35 Z 1 or until 1 June 2015 dangerous within the meaning of § 3 (1) Z 9 or as from 1 June 2015 as skin corrosive in accordance with Art. 3 in conjunction with Annex I of the CLP-V" replaced.

43. § 37 (2) last sentence reads:

" This does not apply to substances and mixtures which have already been reported on the basis of the substance or preparation directive before the date referred to in Article 77 (8) and for plant protection products, the placing on the market of which is based on the Plant Protection Products Act 2011 (Art. 1 of the Federal Law, by which a Plant Protection Act 2011 and a Plant Protection Act 2011 are enacted-Agricultural Law Amendment Act 2010, BGBl. I No 10/2011). "

44. In § 39 (2) and § 43 (1), the term " "Plant Protection Products Act 1997" by the expression "Plant Protection Products Act 2011" replaced.

45. § 40 with headline shall be deleted.

46. In § 41 (3) Z 5, the word "Pest fighters" by the word "Pest Control" replaced.

47. In § 41Abs. 3 is the point at the end of Z 5 by the expression "and" , the following Z 6 shall be added:

" 6.

Establishments which require toxins within the meaning of Article 35 (1) (1) to carry out the tasks in the context of the practice of trade or agricultural or forestry activities and in which at least one in the operating sector, in which poisons are used, is permanently person who has been proven to have completed a professional vocational training in relation to that area with regard to the handling of the poison used and has the necessary knowledge of the first aid, or knowledgeable in the sense of the of Section 42 (5), against the submission of any one of the District Administrative Authority referred to in paragraph 5 certificate issued. "

48. In § 41 (4), the word "Rector" by the word "Rectorate" replaced.

49. § 41 (5) is added:

" (5) In order to obtain a certificate issued by the district managing authority pursuant to paragraph 3 (6), notification to the district administrative authority shall be made by the person authorized to operate to the outside of the district, the following information: , including certain documents:

1.

the business division, including commercial authorization, or the proof of the exercise of a certain agricultural or forestry branch;

2.

the intended use of the poison; if poisons are used solely for analytical purposes, it should be expressly stated that:

3.

the name of the poison (chemical name, trade name); if the required poisons are used exclusively for analytical purposes, the indication of the poisons may be omitted; and

4.

the name and the functional name of a person who is permanently employed in the business sector, in which poisons are used, and who is authorized to receive the Gifted person, who is a person who is responsible for the particular trade or agricultural or forestry sector; The company has successfully completed appropriate vocational training with regard to the handling of the poison used and has the necessary knowledge of the first aid or is knowledgeable in accordance with § 42 (5).

The corresponding certificate for the vocational training or the proof of proof of material, for example the confirmation of the course of the course or the proof of an equivalent recognised training, and proof of knowledge of the first aid are .

The district administrative authority shall issue a certificate to the establishment without delay, in the event of the necessary information. If the information or documents submitted by the holding are defective, the district managing authority shall inform the detector, stating the necessary additions and corrections, and shall have a reasonable time limit for the correction of the information. Mangels to be granted. The certificate must explicitly state that the holding is entitled to the reference of certain poisons, which poisons-in the case of a roll-call production of the toxins-may be used for which purpose and which, in use, The person employed is authorized to receive the poisons, with a roll-call reception. In so far as the above information no longer meets and the holding continues to require toxins in the course of his business or agricultural or forestry activities, he shall have the amended requirements of the District Administrative Authority and this has to issue a new certificate with the simultaneous withdrawal of the previous certificate. The district administrative authority shall make a corresponding adaptation in the register in accordance with section 42 (10) by means of notified changes. A certificate must also be withdrawn by the district administrative authority even if the above conditions are no longer available. Righthand Giftbeft-bewilligungen pursuant to § 42 shall apply until the expiry of their validity. "

50. The following sentence shall be added to section 42 (1):

"Only one poison reference certificate may be issued to private users."

51. The last sentence of Section 42 (5) shall be replaced by the following four sentences:

" For the purpose of the use of poisons within the meaning of § 35 Z 1 in agriculture as a means of protecting plants and plant products, the qualification certificate for the use of poisons, which is regulated in the implementing laws of the countries to § 49, shall also apply. as proof of the required knowledge (subject matter). This applies to professional users within the meaning of Article 3 of Directive 2009 /128/EC establishing a framework for Community action to promote the sustainable use of pesticides, OJ L 327, 22.12.2009, p. No. 71., pending the introduction of a corresponding certificate of training (for the use of plant protection products) within the meaning of Article 5 of this Directive, in accordance with the implementing laws of the countries concerned with the statutory statutory provisions Determination of § 13 of the Plant Protection Products Act 2011. From this point on, this certificate of training is valid for the professional user as proof of the required knowledge (subject matter) until 25 November 2015. For the reference and use of poisons within the meaning of § 35 Z 1 as a means of wine treatment, corresponding training courses and courses for the wine industry, which are provided by the relevant institutions of the federal or state (agricultural chambers), also apply to the wine industry. of the Länder) and relevant specialist schools, as proof of the knowledge required in accordance with Z 1. "

52. In § 42 (10), after the expression "Confirmations pursuant to § 41 para. 3 Z 2" the phrase "and certificates in accordance with § 41 (3) Z 6" inserted.

53. In § 42 (11), after the expression "Confirmations pursuant to § 41 para. 3 Z 2" the phrase "and certificates in accordance with § 41 (3) Z 6" inserted.

54. The fourth sentence of section 44 (1) is replaced by the following sentences:

" He has to work with the security trusts and preventative professionals in the operation. The officer must be knowledgeable in accordance with § 42 (5) or with regard to the area of the holding in which poisons are to be used, a branch corresponding to the particular trade or to the respective agricultural or forestry sector. Vocational training with regard to the handling of the poison used has been shown to have been completed and possess the necessary knowledge of the first aid, employed permanently in the holding and in the area where the poisons are used, during the normal business or operating hours, or at least easy to reach. "

55. § 45 (2) is deleted.

56. § 45 (3) and (4) reads:

" (3) The supply of poisons outside of premises, in particular in mail order or other direct marketing methods, by vending machines and by other forms of self-service shall be prohibited.

(4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in agreement with the Federal Minister for Health, the Federal Minister for Economic Affairs, Family and Youth and the Federal Minister for Labour, Social Affairs and Labour, Consumer protection by regulation Exceptions to the levy of poisons pursuant to § 35 Z 2 outside of premises, in particular in mail order or other direct marketing methods, by vending machines and by other forms of Allow self-service, if this poses a threat to life or health of humans is not to be expected and, if necessary, to lay down special security arrangements for this purpose. In this Regulation, the measures provided for in paragraph 3 may, if necessary-in so far as it complies with the protection objectives of this Federal Act-also apply to other dangerous substances and to mixtures which endanger the life or health of the human person, , and, where necessary, with regard to these substances and mixtures, exceptions where it is not to be expected to pose a risk to human life or health, and to special security arrangements for delivery by means of Self-service is set. "

Section 46 (2) reads as follows:

" (2) Poisons within the meaning of § 35 Z 1 may only be used by a person who, within the scope of Section 41 (3) Z 6, is a member of the respective trade or, subject to the laws of execution of the countries referred to in § 42 (5), with regard to the qualification requirements for the The use of plant protection products in agriculture-the relevant agricultural or forestry sector has been shown to have successfully completed vocational training relating to the handling of the poison used, and the Demonstrable knowledge of the First Aid has been proven or knowledgeable in accordance with § 42 (5) is to be used. A person who does not fulfil these conditions may use these poisons only if, in relation to the specific poisons, they are shown to have been instructed by a person within the meaning of the first sentence; the instruction shall be at least once to repeat annually. "

58. In § 46 (3), Z 1 and 2 are deleted.

59. § 47 (1).

60. § 49 reads:

" § 49. (Principle determination) Unless the requirements of § 13 of the Plant Protection Products Act 2011 cover the following requirements, the rules governing the use of poisons in agriculture are the means to be used for the purposes of Protection of plants and plant products, in particular by means of national legislation:

1.

measures or restrictions which are necessary to protect the life and health of humans and the environment in the use of poisons in agriculture;

2.

Information obligations to the user of the poisons, in particular: explicit references to the dangerous properties of the poison concerned and the precautions to be taken. These indications must include at least the hazard pictograms (danger symbols), the signal words (danger designations), the precautionary statements (R-phrases) and the safety information (S-phrases);

3.

information requirements on the use of the poisons with regard to their intended use in the treatment of plants or plant products, in particular those intended for human consumption or for human consumption;

4.

Information requirements for the acquirer of plants or plant products which have been treated with poisons and are therefore not intended for human consumption or livestock. "

61. The entry section of § 50 reads:

" Ecotoxicological and toxicological tests of substances and mixtures must be carried out in accordance with Article 8 (4) of the CLP-V in conjunction with Article 13 (4) of the REACH-V by verifiers which, without prejudice to the provisions of these rules, apply to them (a) a laboratory practice corresponding to the state of the art of science and technology and detailed in a regulation according to § 51, or that of another international standard established by the European Commission or ECHA is recognised as equivalent, as well as the requirements of Z 1 to 5 meet: "

62. § 52 (1) reads as follows:

" (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to examine the audit body with a view to determining whether:

1.

comply with the requirements of § 50 and a regulation adopted in accordance with Section 51;

2.

carry out the tests referred to in Article 50 in a proper way; and

3.

the test evidence they come from is capable of providing information on the hazard characteristics to be tested. "

63. The title of § 54 reads:

"Central Register and Information Centre; competent authority in accordance with Art. 45 of the CLP-V"

64. § 54 (1) second sentence reads:

" The register shall be based on existing, actual and legally accessible Austrian, foreign or international organisations of chemical registers and product registers, as well as those of manufacturers, importers, downstream users and distributors within the meaning of Art. 3 Z 14 of the REACH-V (distributors) in accordance with this Federal Act and its regulations and relevant EU legislative acts, notifications and communications are submitted on the basis of scientific evidence Experience and knowledge of substances, mixtures and products "

Article 54 (2) reads as follows:

" (2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is authorized to carry out the automatic support of the register referred to in paragraph 1 above. He can also serve the Umweltbundesamt GmbH for the management of the register. "

66. In § 54, paragraphs 4 and 5 are added:

" (4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management, acting in accordance with Section 7 (2) (8) of the Federal Environment Agency, shall all take care of the treatment of requests for medical content with regard to preventive and/or non-medical applications. , in accordance with Article 45 of the CLP-V, including the most accurate chemical composition as a percentage by weight or volume of mixtures and chemical substances, in particular in emergencies, Identity of substances in mixtures, imported and downstream from importers Users (manufacturers of mixtures) of dangerous mixtures placed on the market in Austria according to Art. 45 of the CLP-V to be transmitted for the first placing on the market, at least two weeks after the first placing on the market. . This information is made available to the database of the Vergiftungsinformationszentrale (Vergiftungsinformationszentrale), established in accordance with § 39 paragraph 3, for the purpose of fulfilling the tasks referred to in paragraph 5 above in accordance with § 55 paragraph 4 Z 3. The information referred to may also be transmitted to the Umweltbundesamt GmbH in the form of a corresponding safety data sheet of the relevant mixture, provided that all the above information is contained, as long as it is not in accordance with Art. 45 (1) (a). The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, under EU law, lay down detailed provisions on the form, content and scope of the provisions of the CLP-V. setting out the notifications; the above arrangements will be made at EU level , the Federal Minister for Agriculture, Forestry, Environment and Water Management will publish a notice in the Federal Law Gazprom.

(5) The poisoning information centre ("Gesundheit Österreich GmbH") answers medical questions for the Federal Minister for Agriculture, Forestry, Environment and Water Management as a national emergency management body within the meaning of section 7 (2) (8) of the German Law. content with the indication of preventive and curative measures, in particular in emergencies. For the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the Federal Minister for Agriculture, Forestry, the Environment and Water Management is responsible for statistical information in order to respond to the request of the Federal Minister for Agriculture, Forestry, the Environment and Water Management. a statistical analysis of the need for improved risk management measures in accordance with Art. 45 (2) (lit). b of the CLP-V. Compiled analyses are also to be submitted to the Federal Minister of Health and the Federal Minister for Labour, Social Affairs and Consumer Protection. "

67. The subsection of section 55 (2) reads as follows:

" In no case shall the following information fall under an operational and commercial secrecy, insofar as it is not from ECHA pursuant to Art. 119 (2) of the REACH-V or in accordance with § 16 of the Chemicals Ordinance, BGBl. II No 81/2000, or in accordance with Article 24 of the CLP-V: '

Section 55 (2) Z 6 reads as follows:

" 6.

The degree of purity of the substance and the identity of the impurities and additives which are known to be dangerous, if this is necessary for classification or labelling, "

69. § In 55 para. 2 Z 9 the word order "in the case of substances listed in the list of substances (Article 21 (7)):" through the phrase "in the case of substances under the conditions set out in the REACH-V:" replaced.

70. § 55 para. 4 Z 1 reads:

" 1.

the following public institutions:

a)

the services of the Federal Government, the Umweltbundesamt GmbH within the meaning of its function according to § 7 of the Environmental Control Act and the services of the Länder, to the extent that the data for the recipient for the enforcement of this federal law, other bundes-or In the event of a national law, or in order to carry out other statutory tasks, an essential condition is established,

b)

the institutions of the statutory accident insurance, insofar as they require the data for the performance of their statutory tasks, in particular under the General Social Insurance Act-ASVG, "

71. § 55 (4) Z 3 reads as follows:

" 3.

Doctors and veterinarians, in so far as they require the data for the exercise of the medicine, as well as to the poisoning information centre ("Gesundheit Österreich GmbH"), insofar as they provide the data for the evaluation of poisoning cases, including their statistical data. Collection within the meaning of § 54 (5) or in order to answer questions of medical content regarding preventive and healing measures within the meaning of section 54 (5) or for information of the medical personnel within the meaning of Regulation (EC) No. 648/2004 on detergents, "

Section 57 (1) reads as follows:

" (1) To the extent that this federal law does not determine otherwise, the Governor of the State shall be responsible for the administrative supervision of compliance with the provisions of this Federal Act and of the administrative acts based thereon, and in particular of the following Legislation of the European Union:

1.

REACH-V; in matters relating to the monitoring of the REACH-V in connection with the search and extraction of mineral raw materials and the preparation of mineral raw materials without the use of chemical processes in plants which are The MinroG authorities are responsible for the MinroG monitoring authorities and have to act in accordance with the MinroG;

2.

CLP-V,

3.

Regulation (EC) No 648/2004 on detergents,

4.

PIC-V,

5.

Regulation (EC) No 850/2004 on Persistent Organic Pollutants,

6.

EU-Ozone V and

7.

Article 1 of the EU-mercury V. "

73. In Section 57 (3), the phrase "Federal Minister for Economic Affairs and Labour of all registrations pursuant to § 5, Information and Communications pursuant to § 13 and" through the phrase "Federal Minister for Labour, Social Affairs and Consumer Protection" replaced.

74. § 58 (1) reads:

" (1) The institutions of the Governor of the State and of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, as well as the experts employed by them, shall be empowered to do so wherever this federal law or the relevant provisions of the law shall apply, manufactured substances, mixtures or products covered by the provisions of this Federal Act of the European Union, placed on the market or used to keep an afterview. "

Section 61 (1) reads as follows:

" (1) The institutions and experts authorised to monitor the supervision pursuant to § § 58 or 60 may review manufacturing processes and work equipment, as well as samples of substances, mixtures and products covered by this federal law or the relevant provisions of the relevant legislation. European Union legislation is to be found to the extent necessary. "

Section 61 (4) to (6) reads as follows:

" (4) The sample taken shall be examined to determine whether the provisions of this Federal Law, the administrative acts adopted on its basis and relevant European Union legislation relating to this substance, the mixture or the Product has been complied with. To the extent necessary for the conduct of a proper investigation procedure, competent persons or appropriate institutions shall be employed as experts for the examination of the sample.

(5) At the request of the business or company holder, the Federal Government has to pay compensation in the amount of the entry price for the taken-up sample. The compensation shall not apply if, on the basis of this sample, a particular person has been punished or has been recognized for the decay of the product in question. No compensation shall be paid for any rehearsals or entities that have been left behind by the Party for evidence. The application for compensation may not, at the earliest, after a notification from the Authority, that there is no reason for an objection, after a final cessation of administrative criminal proceedings or after the entry of the limitation period of persecution (§ § 3). 74) will be brought to the provincial governor of the federal state in which the sample has been taken. This decision shall be taken with a decision as to whether, and where appropriate, the amount of compensation shall be paid. The Independent Administrative Senate shall decide on an appeal against it.

(6) From the point of view of an appropriate and effective control, the Governor of the State shall, in each case for the following calendar year, have guidelines for the supervision of compliance with the provisions of this Federal Law, based on the provisions of this Federal Law, Administrative acts or relevant regulations of the European Union, as well as restrictions and prohibitions on certain substances, mixtures and products (rehearsals and revision plans) and the Federal Minister for Land- and forestry, the environment and water management. "

77. § 62 (1) reads:

" (1) The business or company owners and their agents are obliged to provide the competent bodies and experts in accordance with § § 58 and 60 for the purpose of written or oral questions and to provide information and access to all of them. to provide records and documents which may provide evidence of compliance or non-compliance with the provisions of this Federal Law, of the administrative acts based thereon, and of the regulations of the European Union. They shall tolerate the surveillance measures in accordance with § § 58 to 61, provide the necessary assistance and provide all necessary information for the purpose of monitoring. "

§ 63 reads:

" § 63. The costs of the monitoring measures shall be borne by the Governor of the Federal State in accordance with § 62, if it has been found legally binding in a criminal case that he has laid down provisions of this Federal Law, which shall be based on the provisions of this Act. the European Union has failed to comply with administrative acts or relevant regulations of the European Union. The ongoing personnel costs are not to be included in the cost of monitoring measures. "

79. § 64 reads:

" § 64. (1) In the case of surveillance measures, there are reasonable grounds for suspecting that the provisions of this Federal Act, the administrative acts or the relevant regulations of the European Union are not complied with, and further measures are taken by the Federal Ministers for Agriculture, Forestry, Environment and Water Management are required, so the Federal Minister for Agriculture, Forestry, Environment and Water Management must be informed immediately in writing about this.

(2) The provincial governor and-to the extent of their authority in accordance with § 60-the customs authorities, have the Federal Minister for Agriculture, Forestry, Environment and Water Management on the supervision measures carried out in respect of this Federal Law and to report annually in writing, in particular with regard to the following acts of the European Union, as follows:

1.

REACH-V,

2.

CLP-V and

3.

Regulation (EC) No 850/2004 on persistent organic pollutants.

(3) The customs authorities shall have, in the scope of their authority in accordance with Article 60 and Article 17 of the PIC-V and in accordance with Article 28 of the EU-Ozone V, the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the monitoring measures implemented to report annually in writing. "

80. According to § 64, § 64a and the title are inserted:

" Authorisation for international data exchange

§ 64a. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, within the specified deadlines, information on dangerous substances, mixtures and products to the Federal Minister for Labour, Social Affairs and Consumer Protection The product safety emergency procedure ("RAPEX") has been implemented in accordance with Article 69 and the conditions laid down in Article 12 of Directive 2001 /95/EC on general product safety have been met. in accordance with Article 12 of this Directive; the respective Governor of the State in whose sphere of effect a measure has been set in accordance with § 69 shall immediately be subject to the Federal Minister for Agriculture, Forestry, the Environment and Water Management; To provide information on all relevant documents.

(2) The competent authorities are empowered to collect data and all relevant information collected in the course of the enforcement of this Federal Act, the administrative act based thereon or the enforcement of relevant regulations of the European Union. shall be transmitted, in particular, to data on substances, mixtures and products and to market surveillance, to public authorities or other public institutions of the Member States of the European Union and to international authorities. This shall also include the transmission of data for use in databases of the European Union or in international databases, provided that they are maintained by an authority or are under the supervision of an authority.

Data transmitted in accordance with para. 1 and 2 to those persons who place on the market substances, mixtures or products may also be personal, provided that this is the case for the identification of a substance, mixture or product, its traceability is required in the distribution chain or for risk assessment. "

81. § 66 (1) and (2) reads as follows:

" (1) Fees shall be paid by the legal entity of an inspection body for the issue of the certificate, that the inspection body complies with the requirements of § 50 and a regulation adopted pursuant to § 51.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall fix the level of the fees in accordance with the average adult costs of the inspection of a test site with a Regulation in a tariff. "

82. § 67 (1) reads:

" (1) The surveillance authorities may, in accordance with the protection objectives of this Federal Act, the administrative acts based thereon, or the following regulations of the European Union, substances, mixtures or products, including: their packaging (hereinafter referred to as "objects") shall be seized on a provisional basis if there is a reasonable suspicion that:

1.

shall be manufactured, placed on the market or used in accordance with a regulation adopted pursuant to § 17 or Article 20 or a decision adopted pursuant to section 18 of this Article,

2.

produced, placed on the market or used, contrary to the EU's Ozone V,

3.

are in-or running against the PIC-V,

4.

are produced, placed on the market or used, contrary to Regulation (EC) No 850/2004 on persistent organic pollutants,

5.

, contrary to Article 1 (1) or (3) of the EU-Mercury V, or manufactured for the purpose of export,

6.

contrary to Article 5 of the REACH-V, or placed on the market,

7.

be manufactured, placed on the market or used in accordance with Article 56 of the REACH Regulation,

8.

be manufactured, placed on the market or used in conjunction with Annex XVII to REACH-V,

9.

have coarse identification or packaging defects,

10.

are placed on the market as detergents or cleaning agents (detergents) or surfactants contrary to Regulation (EC) No 648/2004 on detergents or against a Regulation pursuant to § 30 or Article 32,

11.

as a poison in accordance with § 35 Z 1 without the necessary authorization (§ 41) are handed out or acquired, or

12.

as poisons according to § 35 Z 1 contrary to § 45 para. 3 outside of premises, by vending machines or by way of self-service.

The surveillance authorities shall immediately notify the provincial governor of that country in which the provisional seizure has been made. The provisional seizure shall come out of force if the Governor of the Land does not notify the seizure of the seizure in accordance with § 69 within two weeks after receipt of the notification. "

83. § 68 (1) reads:

" (1) There is a reasonable suspicion that the provisions of this Federal Act and of the administrative acts based thereon, relevant regulations of the European Union or decisions of the institutions of the European Union in relation to objects (§ 67 (1), unless one of the cases referred to in § 67 (1) is present, the supervisory body shall inform the person entitled to dispose of the reasons and request it to inform the person entitled to dispose within a reasonable period of time. To oppose or to establish the lawful condition. If, at the end of the set time limit, the reasonable suspicion remains, the monitoring body shall provisionally seize the affected objects if this is necessary in accordance with the protection objectives of this Federal Law. If a provisional seizure is not required, the Landeshauptmann may order the production of the lawful condition. § 21 VStG is to be applied in a reasonable way. "

84. The subdivision of Section 69 (1) reads as follows:

" The Landeshauptmann (Landeshauptmann) has taken notice of the protection objectives of this Federal Act, the administrative act based on it and the relevant regulations of the European Union for objects referred to in § 67 (1) (Section 67 (1)). to have the seizure available: "

§ 69 (1) Z 4 reads as follows:

" 4.

provided that the objects complained of in accordance with § 68 do not comply with the provisions of this Federal Act, the administrative acts based on it or the relevant regulations of the European Communities referred to in § 67 (1) within the time limit laid down by the authorities. In the event of a provisional seizure, within two weeks of the notification of a provisional seizure, the Union has been seized or withdrawn from circulation and provisionally confiscated in accordance with Section 68 (1). "

86. § 71 (1) reads:

" (1) Who

1.

the rules laid down in the CLP-V relating to classification, labelling or packaging;

2.

the marking of a dangerous substance or mixture does not apply in accordance with Article 17 (2) of the CLP-V in conjunction with Section 24 (1) in German,

3.

As a manufacturer or importer, the reporting requirements are contrary to the provisions of Article 40 of the CLP V,

4.

the provisions relating to advertising pursuant to Article 48 of the CLP-V are contrary to

5.

The provisions relating to the storage or provision of information pursuant to the REACH-V are contrary to the provisions of the REACH

6.

The provisions relating to the storage or provision of information pursuant to the CLP-V are contrary to the provisions of the CLP

7.

manufacture, place on the market or use a substance without the necessary registration in accordance with the REACH-V,

8.

information which it must submit after the REACH-V is not transmitted to the ECHA or, where required, to the competent authority,

9.

the provisions of Title IV of the REACH-V ("information in the supply chain") are contrary to the provisions of Title IV of the REACH-V,

10.

the safety data sheet referred to in Article 31, in conjunction with Annex II of the REACHV, shall not be drawn up in the proper manner;

11.

the safety data sheet is not issued in accordance with Art. 31 (5) of the REACH-V in conjunction with Section 25 (4) in German, or is contrary to other obligations of § 25,

12.

uses a substance in such areas of use not included in a safety data sheet or is not covered by a relevant chemical safety report in accordance with the requirements of Title V of the REACH-V, or not in accordance with the requirements of Title V of the REACH- ECHA has been reported (Art. 38 of the REACH-V),

13.

shall be contrary to the provisions of Title V of the REACH-V,

14.

As a manufacturer, importer or downstream user, the provisions of Title VII of the REACH-V are contrary to the provisions of Title VII of the REACH Regulation,

15.

a substance, a mixture or a product is manufactured, placed on the market or used in conjunction with Annex XVII of the REACH-V, contrary to a restriction laid down in Article 67 of this Regulation,

16.

the PIC-V, by not respecting the export notification procedure, does not comply with the disclosure requirements, does not comply with import decisions, does not obtain the explicit consent of the importing country by way of the Authority, or by refusing to comply with the labelling and packaging obligation laid down in the above-mentioned Regulation, or by refusing to provide for the transfer of information relating to safety data sheets on export,

17.

carry out or place on the market chemicals or products (manufactured goods, articles) for which an export ban applies in accordance with the PIC-V, contrary to this export ban;

18.

in a customs export declaration, does not specify an identification number to be specified in accordance with Article 17 (2) of the PIC-V, or indicates an incorrect identification number,

19.

Prohibited and contrary to restrictions on a regulation adopted pursuant to Article 17 of this Regulation,

20.

the EU's Ozone V, unless the action is carried out in the implementation of Directive 2008 /99/EC on the protection of the environment through criminal law of 19 November 2008, OJ L 327, 28.12.2008, p. No. 28. of 6 December 2008, p. 28, which is covered by the Criminal Code in 1975.

21.

a communication according to § 18 or the due diligence, information and notification obligations imposed on him pursuant to § 19,

22.

In the sense of § 27, the person responsible for the investigation and classification (§ 21) violates or contravenes the regulations (§ § 23 and 24) concerning the packaging or labelling of substances and mixtures, which according to this federal law and the administrative acts adopted for this purpose,

23.

Article 1 of the EU-Mercury V is contrary to

24.

Regulation (EC) No 850/2004 on persistent organic pollutants,

25.

Placing on the market the detergents or cleaning agents (detergents) or surfactants contrary to Regulation (EC) No 648/2004 on detergents or against the requirements of a Regulation pursuant to § 30 or 32, or without the fulfilment of the obligation set out in § 33;

26.

Gifte shall issue or acquire pursuant to § 35 Z 1 without being entitled to be entitled to this pursuant to § § 41 or 42,

27.

as the holder of a holding which manufactures or places the poison on the market pursuant to § 35 Z 1, does not order a person responsible for the poisonous traffic, contrary to § 44 of the present application,

28.

as the person responsible for the carriage of the poison, does not comply with his obligations pursuant to Section 44 (1),

29.

In contrast to § 45 or a special security order imposed by the regulation in accordance with Article 45 (3), poisons shall be sent to the final consumer,

30.

In accordance with § 35 Z 1, toxins are placed on the market or used on the market in accordance with § 46 (2) or a regulation adopted pursuant to § 46 (3).

31.

audit bodies contrary to § 50 or a regulation adopted in accordance with § 51 of this Regulation,

32.

is contrary to the obligations of section 62 (1),

33.

bring into circulation substances, mixtures or products on which the provisional seizure has been imposed in accordance with Section 67 or the seizure of the seizure in accordance with Section 69; or

34.

shall be contrary to a measure arranged by the competent surveillance authority in accordance with Section 70;

if the deed is not punishable by a judicial penalty, an administrative surrender and is punishable by a fine of at least € 500 up to € 20180, in the event of a recurrence of up to € 40375. The attempt is punishable. "

87. In § 71 (2), after the word order "other arrangements" the phrase " Relevant European Union regulations or related EU instruments directly applicable to them " inserted.

88. In § 76, paragraphs 1 and 2 are deleted.

89. In § 77 (1), the third and fourth sentences are deleted.

90. § 77 (2).

(91) The following paragraphs 6 to 9 are added to § 77:

" (6) The personal terms used in this Federal Act do not have a gender-specific meaning; they are to be used in the application to certain persons in the gender-specific form.

(7) The table of contents, the title of the I. Section, § § 1 to 9 together with headlines, § 17 including the title, § 18, § 19 (1) and (3), the title of § 20, § 20 (1) to (6), § 21 (1) to (6), section 22 (2) Z 3, the subdivision of § 23 1 and 5, § 25 (1) to (5) and (7), § 27, § 30 (3), § 32 (1), § 33, § 35, § 37 (2), § 39 (2), § 41 (3) Z 5 and 6, § 41 (4) and (5), § 42 (1), (5), (10) and (11), § 43 (1), § 44 (1), § 45 (3) and (4), § 46 (2) and (3), § 49, the introductory part of § 50, § 52 (1), the title of § 54, § 54, para. 1, second sentence, § 54 para. 2, 4 and 5, the introductory part of § 55 paragraph 2, § 55 para. 2 Z 6 and 9, § 55 (4) (1) and (3), § 57 (1) and (3), § 58 (1), § 61 (1), (4), (5) and (6), § 62 (1), § 63, § 64, § 64a, including the title, § 66 (1) and (2), § 67 (1), § 68 (1), Article 69 (1), Section 69 (1), (4), § 71 (1) and (2), Section 77 (1) and (6) to (9) and section 78 (1), (2), (2a), (4) and (6) in the version of the Chemicals Act 2011, Federal Law Gazette (BGBl). I No 7/2012 shall enter into force with the following month's serenas of the customer; at the same time § 3 (3), § 26 and title, § 28 and title, § 36, together with the title, § 37 (1), § 40 and the title, § 45 (2), § 46 (3) Z 1 and 2, § 47 Paragraph 1, section 76 (1) and (2) and section 77 (2) repeal. At the same time, the Federal Law on the Implementation of the REACH Regulation, BGBl. I No 88/2009 (Article I), except for force.

(8) The classification, labelling and packaging of substances shall be carried out by 1 December 2010 in accordance with the provisions of Directive 67 /548/EEC; from that date onwards, in accordance with the relevant provisions of the CLP-V; notwithstanding the provisions of Article 61 (3) thereof, the CLP-V shall, by 1 June 2015, also carry out the classification of substances in accordance with the provisions of Directive 67 /548/EEC, and shall be included in the safety data sheet of the substance and of the mixture containing the substance, in accordance with Article 31 (10) of the REACH-V expelled. The classification, labelling and packaging of mixtures shall be carried out by 1 June 2015 in accordance with the provisions of Directive 1999 /45/EC; from that date onwards, in accordance with the relevant provisions of the CLP-V. In addition to other appropriations of Art. 61 of the CLP-V, in particular Article 61 (4) (sales regulations), the authorization shall also remain in accordance with Art. 61. 2 of the CLP-V, to classify, label and package substances and mixtures according to the CLP-V before these dates, without prejudice to. In this case, in addition to Art. 61 of the CLP-V, Art. 31 (10) of the REACH-V application is also applicable.

(9) In relation to plant protection products as poisons within the meaning of § 35 Z 1, § § 41 and 42 for professional users within the meaning of Article 3 of Directive 2009 /128/EC establishing a framework for action by the Community for the sustainable use of pesticides as from 26 November 2015, in so far as the professions referred to in § 41 (3) are not applicable in respect of the mandatory possession of a certificate of training within the meaning of Article 5 of the above-mentioned Directive (EC) in the implementing laws of the Länder in accordance with § 13 of the Plant Protection Products Act 2011 (principle determination). "

92. § 78 (1) and (2) reads:

" (1) With the enforcement of this Federal Law, the REACH-V, the CLP-V and the other Regulations (EC) referred to in Article 5 (1) and the implementing acts of the European Union adopted under these Regulations (EC), insofar as (4) and (5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management will be responsible for this.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has been responsible for the redundancies of regulations.

1.

pursuant to Section 4 (2) and (6) (3),

2.

pursuant to Article 17 (1) to (3) and (5)

3.

in accordance with Article 20 (2), in so far as the installations referred to therein are concerned,

4.

in accordance with Article 20 (4),

5.

in accordance with Article 23 (2),

6.

pursuant to Article 24 (6) and (7),

7.

in accordance with Article 25 (5),

8.

in accordance with Article 30 (3),

9.

pursuant to Article 32 (1) and

10.

pursuant to § 45 (4)

to reach agreement with the Federal Minister for Economic Affairs, Family and Youth. "

93. In § 78, the following subsection (2a) and (2b) are inserted:

" (2a) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has been responsible for the redundancies of regulations

1.

pursuant to Section 4 (2) and (6) (3),

2.

pursuant to Article 17 (1) to (3) and (5)

3.

in accordance with Article 20 (4),

4.

in accordance with Article 23 (2),

5.

pursuant to Article 24 (6) and (7),

6.

pursuant to Article 25 (5) and

7.

pursuant to § 45 (4)

to reach agreement with the Federal Minister for Labour, Social Affairs and Consumer Protection.

(2b) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has been responsible for the redundancies of regulations

1.

in accordance with Article 4 (2),

2.

pursuant to Article 17 (1) and

3.

pursuant to § 45 (4)

to reach agreement with the Federal Minister for Health. "

94. § 78 (4) reads:

" (4) With the enforcement of § 20 para. 3 and with the enforcement of the REACH-V in connection with the search and extraction of mineral raw materials and with the preparation of mineral raw materials without the use of chemical processes in The Federal Minister of Economics, Family and Youth is responsible for investments that are subject to the mineral raw material law. "

(95) In § 78, the following paragraph 6 is added:

"(6) The Federal Minister of Agriculture, Forestry, the Environment and Water Management shall be responsible for the exercise of the rights of the Federal Government pursuant to Article 15 (8) of the Federal Constitutional Law."

Fischer

Faymann