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 law, with which the chemicals Act 1996 changes (ChemG Novella 2011)

The National Council has decided:

The chemicals Act 1996 (ChemG 1996), Federal Law Gazette I no. 53/1997, amended by Federal Law Gazette I no. 88/2009, is amended as follows:

1. in the table of contents is the entry to a description and title of I section: "General provisions; Classification, labelling and packaging"

2. in the table of contents, the entries to the section are 3 to 9:


"§ 3. dangerous properties in accordance with Directive 67/548/EEC § 4 hazard classes in accordance with the CLP-V § 5. scope of § 6 of the competent authority in accordance with the REACH-V and participation of Environment Agency GmbH in the context of the implementation article 7 competent authority in accordance with the CLP-V § 8 exceptions from the scope of REACH-V and the CLP-V § 9 competent authority in accordance with articles 26 and 27 of the EU OzonV" 3. In the table of contents, the entries to the sections 10 to 16 are eliminated.

4. in the table of contents, the entry to article 17 reads: "Prohibitions, restrictions and implementation measures concerning EU legislation in the form of regulations"

5. in the table of contents, the entry for section 20 is: "Exports and imports of hazardous chemicals, persistent organic pollutants and mercury"

6. in the table of contents, the entries to the sections 26, 28, 36 and 40 are eliminated.

7. in the table of contents of the entry to section 54 is: "central register and information desk; competent authority in accordance with article 45 of the CLP-V"

8. in the table of contents is the line after the line 'paragraphs 57 to 64 monitoring': "§ 64a. Added authorization for international data exchange".

9 throughout the text of the Federal law including the table of contents and the respective headings is depending on the singular or plural, and in each case adjusted: a) the word "Preparation" is replaced by the word "Mixture"; (b) the word "Finished goods" replaced by the word "Product";

10. in the entire text of the Federal law including the table of contents and the respective headings, the notion "in traffic put" is replaced by the term "placing on the market", which when used as a verb hauptwörtlich used in each case and when used as verb saying from time, person and number is adapted to.

11. the heading of section is:

'General provisions; Classification, labelling and

Packaging"

12 §§ 1 to 5 including headings are replaced by following sections 1 to 9 including headings:

"The aim of the Act

§ 1 (1) this federal law is the precautionary protection of the life and health of people and the environment from direct or indirect adverse impacts, by creating and placing on the market, acquiring, using or the waste of materials, mixtures or products can arise, in particular by preventing their emergence or made them recognizable and averted.

(2) in order to attain this objective manufacturers, importers and other registrant pursuant to Regulation (EC) have no. 1907/2006 concerning the registration, evaluation, authorisation and restriction of chemicals (REACH), establishing a European Agency for chemical substances, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 of Council Regulation (EC) No 1488/94 of the Commission , Directive 76/769/EEC of the Council and directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, OJ No. L of 369 of 30.12.2006 p. 1 (hereinafter: REACH-V), downstream users within the meaning of article 3 Z 13 and traders within the meaning of article 3 Z 14 of the REACH-V (Distributor) of substances, mixtures, or products concerned in accordance with this Federal Act and its regulations and in accordance with the relevant legislation of the European Union and chemicals international conventions on their own responsibility by a self-check to check or check to make , whether that may cause manufactured, marketed or used substances, mixtures, or products of them adverse impacts and what measures effective in the sense of maximum protection referred to in paragraph 1 can be mitigated by these influences.

Definitions

§ 2. For this Federal Act, the following definitions shall apply:



1 "Substances" means chemical elements and their compounds in the natural form, or obtained by a process, including the additives necessary to maintain the stability and the applied procedure caused impurities, but with the exception of solvents, which can be separated from the fabric without affecting its stability and without changing its composition.

2. "Mixtures" ("preparations") are mixtures, mixtures or solutions composed of two or more substances. The term 'Preparation' is used in this Federal Act or acts based on it, the set here definition shall apply there as well.

3. "Products" ("finished goods") are items which receive a specific shape, surface or shape in the production, which determines its function to a greater extent than the chemical composition. The term "Finished goods" is used in this Federal Act or acts based on it, the set here definition shall apply there as well.

4. 'placing on the market' is the fee-paying or free of charge to third parties or provision to third parties. Spending within the scope of this federal law including the import into the customs territory of the European Union in the form of spending to Austria is regarded as placing on the market. The term "in transport setting" is used in this Federal Act or acts based on it, the set here definition shall apply there as well.

5. "Use" is the processing, formulating, consume, camps, worksite internal transporting, handling, filling into containers, transfer from one container to another, mixing, making a product or any other use.

6. within the meaning of Regulation (EC) No. 689/2008 on the import of dangerous chemicals OJ No L 204 of the apex, p. 1 (hereinafter: PIC-V): a) "Pesticides" are chemicals in accordance with article 3 Z 4 of the PIC-V;

(b) "Export" is the permanent or temporary export of substances, mixtures or products from the customs territory of the European Union including the re-export of chemicals, reaches for another Customs procedure as the transit procedure to the application.

7. "State of the art" is the relevant scientific knowledge-based development state of advanced procedures, facilities or operations, whose functioning tested and is proven as well as with regard to sustainably use substances, mixtures and products, their suitability for use. In determining the State of the art are especially those similar procedures to involve installations, substances, mixtures, products or operations which are the most effective for the achievement of a common high level of protection for human health and the environment as a whole. In determining the State of the art are the proportionality between the overhead for the necessary measures and the benefit for the interests to be protected, as well as the precautionary principle into account in General as well as in individual cases.

8. "Detergent (washing and cleaning agent)" is a substance or a mixture which or the SOAP or other surfactants contains and is intended for washing and cleaning processes. Detergents can different forms (for example, liquid, powder, paste, bar, table, shaped pieces figures) and sold for domestic use or institutional or commercial/industrial purposes or used. Detergents are also: a) washing AIDS for soaking (pre-washing), rinsing or bleaching clothes, household linen and other washing well, b) laundry fabric softener to change the grip of fabrics in processes that complement the textile linen, c) cleaning agents, such as all purpose cleaners or other means for the cleaning of surfaces (for example, materials, products, machines, equipment, means of transport and equipment, instruments, apparatus) and d) other detergents and cleaning products for any other washing and cleaning processes.

In this Federal Act, or on his reference is made-based administrative acts on legislation or issued the implementation or execution legislation to EU legislation the definition set forth in the respective EU legislation also applies to the administrative acts based on this federal law, unless unless otherwise stated.

Hazardous properties in accordance with Directive 67/548/EEC

3. (1) if 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 1907/2006, OJ No. L 235 of 5. 9, 2009, p. 1 (hereinafter: CLP-V) the provisions of CLP-V for the assessment of hazards of substances or mixtures to the application appears, are substances or mixtures "dangerous" within the meaning of this Federal Act, if they have one or more of the hazardous properties listed below:



1.

"explosive" when they, exothermic and see faster development of gases can act without to be gaseous, even without participation of oxygen, and when they detonate under specified test conditions, fast deflagrieren or explode when heated under partial inclusion;

2. 'oxidizing', if they can strongly exothermic react in contact with other particularly flammable substances;

3. "extremely flammable", if they a) than liquid substances or mixtures have an extremely low flash-point and a low boiling point, b) as a gas at normal temperature and normal pressure in contact with the air have a flammability range (explosive areas);

4. 'flammable', if they a) at ordinary temperature in the air without energy supply heat and finally ignite can, b) in solid state by short-term exposure to a source of ignition easily be ignited can and continue to burn after their removal or more glow, c) in a liquid state have a very low flash point or d) in contact with water or damp air develop highly flammable gases in dangerous quantities;

5. "flammable" if they have a low flash point in a liquid state;

6 'very toxic', if in very small quantities by inhalation, ingestion, or absorption through the skin, they cause death or acute or chronic damage to health may cause

7 "toxic", if in small quantities by inhalation, ingestion, or absorption through the skin, they cause death or acute or chronic damage to health may cause

8 "harmful" ('less toxic'), if they can lead to the death of ingestion or absorption through the skin or cause acute or chronic damage to health through inhalation,

9 "corrosive", if they may cause its destruction through contact with living tissue.

10 'irritant', when they - can cause inflammation without being corrosive - through short-term, prolonged or repeated contact with the skin or mucous membranes;

11 "sensitizing", if they can cause hypersensitivity reactions by inhalation or by skin contact, so that future exposure characteristic errors occur the substance or the mixture.

12, "carcinogenic", if they cause cancer by inhalation, ingestion, or absorption through the skin or the incidence of cancer can increase

13 "reproductive hazard" ("reprotoxic"), if they cause not heritable genetic damage of the foetus through inhalation, ingestion, or absorption through the skin, or increase the frequency of such damages (fruit damaging), lead to impairment of mental or physical development of offspring after birth or have an impairment of male or female reproductive functions or capacity resulted;

14 "mutagenic", if they can cause a change in the genetic material by inhalation, ingestion, or absorption through the skin;

15 "dangerous for the environment", when you can have an instant or future threat to the environment (water, soil, air), for living things (humans, animals, plants, micro-organisms) in the individual or their relationships to each other as a result in the case of entry into the environment or have.

(2) products are "dangerous" within the meaning of this federal law, as long as they can contain a hazardous substance or a dangerous mixture and therefore their intended or use foreseeable according to the experiences of everyday life or their treatment as waste cause a threat to the life or health of people or for the environment.

(3) the Federal Minister for agriculture and forestry, environment and water management has the properties referred to in paragraph 1 in accordance with the State of scientific knowledge to determine if this is necessary with regard to the objectives of this Federal Act through regulation. Also can be set in this regulation that substances and mixtures shall also be deemed "dangerous" if they contain components with properties in the sense of paragraph 1. With the enactment of the regulation carefully is on relevant regulations of the European Union, as well as on similar regulations in other States and international organisations to take.

Hazard classes in accordance with the CLP-V

4. (1) the requirements set out in the CLP-V to the application, get according to the specifications laid down in the CLP-V for the assessment of hazards of substances or mixtures so these are considered 'dangerous' in accordance with article 3 of the CLP-V, if they the in annex I part 2 to 5 of the CLP-V listed hazard classes and hazard categories, as well as further subdivisions can be associated:



1. hazard class: explosive substances/mixtures and products containing explosives. These include a) explosive substances and mixtures, b) products with explosives, except devices containing explosive substances or mixtures in such quantity or of such a nature that their inadvertent or accidental ignition or ignition outside the device has no effect by splinter, explosive and projection hazard, fire, smoke, heat or strong sound, and c) substances, mixtures and products which not lit under the. a and b were named, but have been manufactured, to produce a practical effect by explosion or a pyrotechnic effect.

2nd hazard class: flammable gases 3. hazard class: flammable aerosols 4 hazard class: oxidizing (agents) gases 5. hazard class: pressurized gases 6 hazard class: flammable liquids 7 hazard class: flammable solids 8 hazard class: Selbstzersetzliche substances or mixtures 9 hazard class: liable to spontaneous combustion (pyrophoric) liquids 10 hazard class: liable to spontaneous combustion (pyrophoric) solid substances 11 hazard class: Selbsterhitzungsfähige substances or mixtures 12 hazard class: substances or mixtures, in contact with water, flammable gases develop 13 hazard class : (Agents) oxidizing liquids 14 hazard class: oxidizing (agents) solids 15 hazard class: organic peroxides 16 hazard class: metals corrosive substances or mixtures 17 hazard class: acute toxicity, differentiated according to potency in four categories for the following routes of exposure divided: a) acute oral, b) acute dermal c) acute inhalative 18 hazard class: etching/irritation of the skin 19 hazard class: serious eye damage/eye irritation 20 hazard class: awareness of respiratory tract or the skin 21 hazard class : Germ mutagenicity 22 hazard class: carcinogenicity 23 hazard class: 24 Reproduction toxicity hazard class: specific target organ systemic toxicity (single exposure) 25 hazard class: target organ systemic toxicity (repeated exposure) 26 hazard class: aspiration hazard 27 hazard class: Gewässergefährdend 28 hazard class: ozone layer damage (2) substances and mixtures, which are regarded as dangerous according to article 3 in conjunction with Annex I of CLP-V, are "dangerous" within the meaning of this Federal Act. Unless the application of the CLP-V in particular with regard to the smooth application of classification criteria requires a closer regulation, the Federal Minister for agriculture and forestry, environment and water management can use this regulation in the agreement with the Federal Minister of health, the Federal Ministry of economy, family and youth, and the Federal Minister for labour, Social Affairs and consumer protection, unless this is deemed necessary, taking into consideration the protection objectives of this Federal Act.

(3) If this federal law or it-based administrative acts on certain hazardous properties in accordance with § 3 make the corresponding hazards in accordance with article 3 in conjunction with Annex I of CLP-V advocate from the substances and mixtures in the dates laid down in § 77 para 8 in place of hazards in accordance with article 3.

Scope

5. (1) this federal law applies to substances, mixtures and products and sets requirements for the production, placing on the market and use, as well as Umgangsmodalitäten and qualification requirements for persons, who deal with chemicals. As far as this federal law provides fire prevention measures and measures for the protection of the environment or turn off on the test of fire hazards or environmental hazard or the consideration on the environmental protection, it is only to substances to apply mixtures and products which are professionally manufactured or placed on the market. Furthermore this federal law provides the implementation and enforcement of the following EU regulations:



1. REACH-V; remain in the implementation and enforcement of the REACH-V the fabric-covered EU law and national regulations concerning workers, health and environmental protection in connection with the use of and dealing with chemicals - including the appropriate requirements in this respect in the operating system right and water law - as well as the waste disposal law untouched, 2. CLP-V, 3. Regulation (EC) No. 648/2004 on detergents, OJ No. L 104 of the 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 No. L 158 of 30.04.2004, p. 7, 6.

Regulation (EC) No. 1005/2009 on substances that Deplete the ozone layer lead, OJ No. L 286, 31.10.2009, p. 1 (hereinafter: EU-OzonV) 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 No. L 304 of 14.11.2008, p. 75 (hereinafter: EU-QuecksilberV) tasks entrusted to the State safely and regulates the exercise of him in these regulations (EC) and based on it acts granted appropriations.

(2) in respect of those arrangements in this Federal Act, referenced or referred where on legislation or legislation are implemented which, also set each there scope including this standardized exemptions applies. As far as the Federal law refers to the REACH-V or the CLP-V or refers or with this federal law the provisions of Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, OJ No. L 196 of the 16.8.1967, p.1 and Directive 1999/45/EC on the approximation of the laws, regulations and administrative provisions of relating to the classification, packaging and labelling of dangerous preparations, OJ No. L 200 of 30.7.1999, p.1 are implemented, this federal law not for



1. substances and mixtures, which are subject to customs supervision, provided that she are not treated or processed, and which are in temporary storage or in a free zone or free warehouse to re-exportation or in transit, 2. the carriage of dangerous goods by air, sea, road, rail or inland waterway transport - excluded provisions regarding 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 No. L 114 of the 27.4.2006, p. 9, as far as regards waste is not in the acts referred to in the second sentence of the introduction part, 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 ionising radiations, OJ No. L 159 of the 29.6.1996, p. 1.

(3) III section does not apply



1. substances and mixtures, which are subject to customs supervision, provided that she are not treated or processed, and which are in temporary storage or in a free zone or free warehouse to re-exportation or in transit, 2. the carriage of dangerous goods by air, sea, road, rail or inland, 3. waste within the meaning of Directive 2006/12/EC, without prejudice to the take-back obligation regulated in § 47 and under section 48 , as far as waste is concerned, 4. radioactive substances and mixtures in the scope of Directive 96/29/Euratom, shooting and explosives within the meaning of the Explosives Act 2010, Federal Law Gazette I no. 121/2009, pyrotechnic articles in the Fireworks Act 2010, Federal Law Gazette I no. 131/2009, seed of the seed law 1997, Federal Law Gazette I no. 72/1997, tobacco products within the meaning of the tobacco act, Federal Law Gazette No. 431/1995 and narcotic substances within the meaning of the drug , Federal Law Gazette I no. 112/1997, 5 the following the consumer certain substances and mixtures in the form of finished products within the meaning of article 2 para. 6 of the REACH-V: a) medicinal products within the meaning of Directive 2001/83/EC on the Community code relating to medicinal products, OJ No. L 311 of 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 No. L 311 of 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 No. L 262 of the 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 No. L 189 of the 20.7.1990, p. 17 and 93/42/EEC concerning medical devices, OJ No. L 169 of the 12.7.1993, p.1, invasive or body contact, used as well as within the meaning of Directive 98/79/EC on in vitro diagnostic medical devices, OJ No. L 331 of the 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 authority for food safety and establishing procedures to food safety, OJ No. L 31 of the 1.2.2002, p. 1.

(4) the III. does section not apply to fuel oils. Fuels for internal combustion engines are then excluded from the application of the III. section of this Federal Act, if they are not determined for the operation of models (model aircraft, model cars, etc.). This also applies to fuel intended for the operation of fuel cells, when a danger to the people can be excluded on the basis of the normal or reasonably foreseeable conditions of use including disposal. Fuels to operate certain models, which are poisons within the meaning of § 35 Z 1, are excluded from the application of sections 41 to 44. Reference entitled are intrinsically entitled persons; mature minors but only if a written confirmation of the legal guardian is, that he agrees to buy of these poisons.

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

Section 6 (1) the Federal Minister for agriculture and forestry, environment and water management is the competent authority in accordance with article 121 of the REACH-V.

(2) insofar as not following another certainly is, the Federal Minister of agriculture and forestry has to perceive the tasks according to the REACH-V and the thereon acts of the institutions of the European Union environment and water management. These tasks include in particular the following activities:



1 opinions on draft decisions of the European Chemicals Agency (hereinafter: ECHA) in accordance with article 9 of the REACH-V (product - and process-oriented research and development), 2. examination of draft decisions in the framework of the dossier and substance evaluation in accordance with article 51 of the REACH-V, 3 substance evaluation in accordance with articles 44 to 48 of the REACH-V, as well as the testing of updates the registration dossier in accordance with article 22 of the REACH-V, when Austria took over the substance evaluation , 4. exercise a rapporteur or fellow rapporteur function in the committees of the ECHA, in accordance with article 87 of the REACH-V, 5. preparation and elaboration of restriction dossiers according to article 69 para 4 of the REACH-V and their further support to the completion of the procedure laid down in article 69 of the REACH-V as well as preparation and elaboration of proposals on the review of existing restrictions in accordance with article 69 paragraph 5 third set of the REACH-V , 6 identification of substances referred to in article 57 of the REACH V in accordance with article 59 of lit para 3 and 5 of the REACH-V ("particularly worrying substances'), 7 preparation and development of registration dossiers in accordance with article 59 of REACH-V and their additional care up to the end of the procedure laid down in article 58 of the REACH-V, 8 discovery, whether by a registrant in the face of a suspicion of risk more info on on-site isolated intermediates in accordance with article 49. a REACH-V to demand are, and examination of the risk mitigation measures in accordance with article 49 lit. b of the REACH-V, 9. support of the committees and of the Forum under article 85 paragraph 6 and article 86 § 3 of the REACH-V, 10 preparation of reports to the European Commission in accordance with article 117 para 1 of the REACH-V, 11 participation in cooperation with the European Commission, ECHA and the competent authorities of other Member States in accordance with articles 121 and 122 of the REACH-V , 12 public information about material risks in accordance with article 123 of the REACH-V, 13 information of the ECHA of substances referred to in article 124 of the REACH-V, 14 exercising of the function of the national information centre in accordance with article 124 of the REACH-V, 15 coordination and, if necessary, the development of priority programmes for enforcement in accordance with article 125 of the REACH-V, 16 decisions within the meaning of § 8 exceptions referred to in article 2 par. 3 of the REACH-V and 17 nomination of persons for the Committee for risk assessment in accordance with article 76 para 1 lit. (c) the REACH-V, for the Committee for socio-economic analysis referred to in article 76 para 1 lit. d of the REACH-V, for the Committee of the Member States in accordance with article 76 para 1 lit. e of the REACH-V and for the Forum pursuant to article 86 of the REACH-V on the basis of a proposal of the provincial governors.

(3) concerning the nomination of persons for the Committee for risk assessment in accordance with article 76, paragraph 1 lit. c of the REACH-V and the Committee for socio-economic analysis referred to in article 76 para 1 lit. (d) the REACH-V, concerning the nomination of members for the Committee which Member States in accordance with article 76 para 1 lit. e of the REACH-V as well as matters of REACH-V, which issued regulations the Federal Minister of agriculture and forestry, environment and water management, is the agreement with the Federal Ministry for economy, family and youth, as well as with the Federal Minister of labour, to establish social affairs and consumer protection.


(4) if the Federal Minister for agriculture and forestry, environment and water management with regard to the inclusion of a substance in annex XVII of the REACH-V Z 5 preparing a dossier in accordance with paragraph 2, so he has the agreement with the Federal Minister of health, the Federal Minister for Economic Affairs, with regard to the substance and the affected uses to establish family and youth and the German Federal Minister for labour, Social Affairs and consumer protection.

(5) the Federal Ministry of agriculture and forestry, environment and water management has Z for the determination of a substance for the approval procedure in accordance with paragraph 2 to make 6, if necessary, appropriate checks; arise from the Federal Ministry of agriculture and forestry, environment and water management information available, in particular from the data of registration dossiers and related chemical safety reports and these have present information on uses in the workplace, evidence that a given substance is used by manufacturers, importers or downstream users in Austria, the Federal Ministry of agriculture and forestry, to communicate environmental and water management on demand , whether they use this substance and, where appropriate, information on the quantities and uses to make available. On the basis of the present data, the Federal Minister for agriculture and forestry, environment and water management in consultation with the Federal Minister of health has to decide whether for a substance, a dossier in accordance with paragraph 2 will be drafted No. 7 the Federal Minister for economy, family and youth, and with the Federal Minister for labour, Social Affairs and consumer protection; such a dossier can be elaborated together with other Member States. In terms of active participation of in Austria on the authorisation procedure drafting each year two to submit dossiers ECHA is taking into account the available resources to ensure, where the contribution together with other Member States in leading or contributing role can be carried out.

(6) the Federal Minister for agriculture and forestry, environment and water management can operate I no. 152/1998 to fulfil its tasks arising from the REACH-V and the resulting communication requirements (E.g. "REACH-IT") the participation of environmental agency GmbH in the context of article 6, paragraph 2 and 3 of the environmental control Act, Federal Law Gazette. Participation in the tasks referred to in paragraph 2 includes also the assignment to the independent performance of these tasks to Z 1 to 4; the independent agency in each case requires that the Federal Minister of agriculture and forestry, environment and water management has been informed beforehand and expressly gave his consent. The Federal Minister for agriculture and forestry, environment and water management Z 14 may use the environmental agency GmbH as a national information centre ("helpdesk") in accordance with paragraph 2. The Environment Agency GmbH is obliged to submit information necessary for the performance of his duties pursuant to paragraph 2, in particular about the State of each work, to give and corresponding documents the Federal Ministry of agriculture and forestry, environment and water management.

(7) the Federal Ministry of agriculture and forestry, environment and water management has for reporting in accordance with paragraph 2 in a report to summarize the data received by the surveillance authorities (article 64) Z 10 and to transmit these ECHA in accordance with the time limits referred to in article 117 of the REACH-V.

(8) determine the supervisory authorities in the course of its monitoring activity, that the risk to human health or the environment are not sufficiently dominated by measures for the control of isolated intermediates under article 49 of the REACH-V or that there is a suspicion of risk to human health or the environment in cases of article 124 of the REACH-V when the use of the concerned substance , so they have the Federal Minister for agriculture and forestry on this immediately to inform environmental and water management.

(9) a person committed to the REACH-V additional tests on the basis of an evaluation of registration dossiers in accordance with Title VI of REACH-V by the ECHA imposed and are these the cases committed not within the time limit specified by the ECHA conducted by or be information according to article 49 lit. a the REACH-V despite a grace not delivered, has the Federal Minister for agriculture and forestry, to hire a qualified for that purpose testing laboratory environment and water facts under examination with the applied tests and for that purpose to dictate the cost accrued for carrying out of this test with notice the maintenance debtor.

Competent authority in accordance with the CLP-V

Section 7 (1) the Federal Minister for agriculture and forestry, environment and water management is the competent authority in accordance with article 43 of the CLP-V.

(2) if the following not other determined is that the Federal Minister of agriculture and forestry, to perceive the tasks in accordance with the CLP-V and the acts based on it environment and water management. These tasks 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 para. 1 of the CLP-V; This includes also the lead of the provisional classification of dossiers for active substances of plant protection products and biocidal products in accordance with article 36 para 2 of CLP-V to ECHA, that created the after ("Federal Office for food security - BAES") plant protection products and biocidal law national competent institutions within the framework of the evaluation of the active ingredient and the Federal Minister of agriculture and forestry, environment and water management provided in the article 37 para 1 last sentence of CLP-V required format are available.

2. acceptance of the proposals of the manufacturers, importers or downstream users to change the classification and labelling elements of the substance on the basis of new information in accordance with article harmonised 37 para 6 of the CLP-V, 3. perception of the function of the national information centre in accordance with article 44 of the CLP-V, 4. preparation of reports to the Commission in accordance with article 46 paragraph 2 of CLP-V, 5. involvement in cooperation with the European Commission , 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 in accordance with article 46 para.1 of the CLP-V, 7 decisions within the meaning of § 8 exceptions under article 1 para 4 of the CLP-V and 8 the duties of information reception and Notbeauskunftungsstelle after article 45 of the CLP-V.

(3) before the Federal Minister for agriculture and forestry, environment and water management independently para 1 of the CLP-V works out a proposal for the harmonised classification and labelling for the purpose of submission to ECHA according to article 37, he has the agreement with the Federal Minister of health, the Federal Minister for Economic Affairs, to establish family and youth and the German Federal Minister for labour, Social Affairs and consumer protection. Is in accordance with article 36 para 2 of CLP-V a preliminary classification dossier for an active substance of plant protection products and biocidal products by in para 2 Z 1-led institutions elaborated, the Federal Minister of agriculture and forestry has to put the Federal Minister of economy, family and youth immediately in knowledge of environment and water management.

(4) the Federal Minister for agriculture and forestry, environment and water management can use to fulfil its tasks arising from the CLP-V and the resulting communication requirements (E.g. "REACH-IT") the participation of environmental agency GmbH in the context of article 6, paragraph 2 and 3 of the environmental control law. Participation in the tasks referred to in paragraph 2 No. 1 includes also the assignment to the environmental agency GmbH for the independent performance of these tasks; the independent agency in each case requires that the Federal Minister of agriculture and forestry, environment and water management in advance from the environmental agency GmbH was informed and expressly gave his consent. The Federal Minister for agriculture and forestry, environment and water management no. 3 can use the environmental agency GmbH as a national information centre ("helpdesk") in accordance with paragraph 2. The Environment Agency GmbH is obliged to submit information necessary for the performance of his duties pursuant to paragraph 2, in particular about the State of each work, to give and corresponding documents the Federal Ministry of agriculture and forestry, environment and water management.

(5) the Federal Ministry of agriculture and forestry, environment and water management has 46 to submit mentioned terms of ECHA para. 2 of the CLP-V Z and this reporting pursuant to paragraph 2 to summarize the data received by the authorities (§ 57) 4 in a report in accordance with the article.

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


Section 8 (1) the Federal Minister for agriculture and forestry, environment and water management has at the request of a manufacturer, importer, downstream user or distributor (Distributor) in the sense of the REACH-V for a particular substance as such, mixtures or products or for mixtures exceptions to the REACH-V or the CLP-V with notice to admit, if the requested exception in the interests of national defence of the EU Member State designated by the applicant is required.

(2) a request referred to in paragraph 1 shall contain the following information:



1. name of the substance or of the mixture, 2. quantity of the substance, 3. statement of the rules of CLP-V or the REACH-V for an exception regarding the substance or of the mixture and 4. indication of the EU Member State to which the exception applies.

(3) an application under paragraph 1 on the Austrian national defence refers to the Federal Minister of agriculture and forestry, has this request to the Federal Minister of national defence and sports to assess forward environment and water management, whether the proposed exception in the interests of national defence is required; on the basis of this assessment, the Federal Minister of agriculture and forestry has to decide environmental and water management decision on the exception. This also applies to those cases where a relevant request from another Member State of the European Union to the Federal Minister of agriculture and forestry, environment and water management was redirected. If the Federal Minister of national defence and sports directly receives the substances, mixtures, or products in paragraph 1, he has the Federal Ministry of agriculture and forestry the information referred to in paragraph 2 to document environmental and water management.

(4) will be in Austria a corresponding exception request in accordance with paragraph 1 for the purposes of the defence of another Member State of the European Union, the Federal Ministry of agriculture and forestry, environment and water management has such a request to submit, whether the proposed exception in the interests of national defence of the concerned Member State is required under the corresponding legislation of the Member State for the REACH-V or the CLP-V authorities with the request for assessment. On the basis of this assessment, the Federal Minister of agriculture and forestry has to decide environmental and water management decision on the exception.

Competent authority in accordance with articles 26 and 27 of the EU OzonV

§ 9 (1) the Federal Minister for agriculture and forestry, environment and water management is the competent authority in accordance with articles 26 and 27 of the EU OzonV.

(2) the Federal Minister for agriculture and forestry, environment and water management has the European Commission for each year up to 30 June of the following year electronically the information pursuant to article 26 paragraph 1 lit. a to c of the EU OzonV to submit."

13 paragraph 17 together with the heading:

"Prohibitions, restrictions and implementation measures concerning EU legislation in the form of regulations

Section 17 (1) as far as it is necessary to avoid dangers to the life or health of people or for the environment, has the Federal Minister for agriculture and forestry, environment and water management, taking into consideration the relevant legislation of the European Union in consultation with the Federal Minister of health, the Federal Ministry of economy, family and youth, and the Federal Minister for labour, Social Affairs and consumer protection through regulation after the State of the art (article 2 No. 7) set , that



1 certain hazardous substances, certain dangerous mixtures or products which contain, or can release such a substance or a mixture of such or substances, mixtures or products, whose manufacturing, placing on the market or intended or foreseeable use or treatment as waste hazards or risks can be connected, not only in certain characteristics, quantity, packaging, packaging or labelling, only for specific purposes or only with restrictions made , placed on the market or used;

2. manufacturing or use practices, with certain hazardous substances or dangerous mixtures or products within the meaning of no. 1 kicking in at, or where a significant risk or a danger can occur to people or the environment, are prohibited;

3. for certain substances or mixtures, their manufacture, marketing and use of safe after the State of the art (article 2 No. 7) requires risk management measures, monitoring measures or, if this is necessary, ongoing or recurring, General, or special monitoring and reporting requirements will be provided.

4 the principles of III. section; applied substances and mixtures that have certain hazardous properties or is to be expected during their handling or use threats or risks,

In lieu of the corresponding provisions of the regulation, relevant technical standards can be explained by regulation mandatory.

(2) as far as it is necessary to avoid dangers to the life or health of people or for the environment, the Federal Minister for agriculture and forestry, environment and water management, taking into consideration the relevant legislation of the European Union with the agreement of the Federal Minister of economy, family and youth and the Federal Minister for labour, Social Affairs and consumer protection, taking into consideration the State of the art has (§ 2 No. 7) also set by regulation , that people,.



1. certain dangerous substances, certain dangerous mixtures or products capable of releasing such a substance or a mixture of such or containing, produce, bring in traffic or use or deal with them in their professional activity, or 2 which can be connected to substances, mixtures or products, their manufacture, Inverkehrbringen or intended or foreseeable use or treatment as waste hazards or risks , intend to produce, to bring in traffic, or to use or deal with them in their professional activity or to work around plan to meet one or more obligations under paragraph 3.

(3) the persons referred to in paragraph 2 may be required.



(a) certain data to the Federal Minister of agriculture and forestry, to report environmental and water management, necessary for risk assessment, in particular information about the type of activity or related processes (processes), the qualification of persons working in a particular area, the type, quantity and the intended use of the used substances, mixtures, or products and their customers, and so far the investigation closer to certain, other relevant data in accordance with the applicable European Union law is intended or required , also this, b) for certain activities, that can be connected, advance approval of the Governor to obtain, where such authorization is then to grant, as can be demonstrated by the applicant, the activity so to be able to perform, that these dangers or risks can be adequately controlled, c with a danger or a risk to humans or the environment) the fulfilment of certain requirements for its reliability and suitability the Governor through appropriate certificates , Reports or certificates to prove, d) skills corresponding to the Governor, or knowledge of to demonstrate first aid, e) the Governor the special skills set for certain sectors of activity and quality requirements regarding a particular company carried out activity, including the proper equipment of the company with staff and resources to prove on the basis of appropriate documents.

(4) "Dangerous" refers to in the sense of paragraph 1 and 2 substances from 1 December 2010 the danger categories laid down in accordance with article 3 in conjunction with Annex I of CLP-V. "Dangerous" within the meaning of paragraph 1 and 2 refers to with mixtures until 1 June 2015 the hazard categories of the Directive 67/548/EEC and of Directive 1999/45/EC; from 1 June 2015 on the danger categories laid down in accordance with article 3 in conjunction with Annex I of CLP-V.

(5) if in matters of legislation referred to in § 5 para 1 and 2-without prejudice to article 6 par. 3 - or in regulations, directives or decisions of the Council, the European Commission or other institutions related to this Federal Act shall, implementation or enforcement measures are intended or those serve the exercise of Union legal appropriations, the Federal Minister for agriculture and forestry, environment and water management in consultation with the Federal Minister of economy can , Family and youth and with the Federal Minister of labour, Social Affairs and consumer protection measures to the execution, implementation or Union legally compliant application of EU law by a corresponding regulation adopted under this federal law to the extent that the aforementioned acts are sufficiently in this regard.


(6) be with regulation reporting obligations within the meaning of paragraph 1 Z 3 or paragraph 3 lit. a set is under protection worthy confidentiality interests within the meaning of the data protection Act 2000, DSG 2000, Federal Law Gazette I no. 165 / 1999, to determine who to meet the reporting requirements, under what conditions, and how frequently the messages to be also the types of data that are captured by the notification requirements have, who may use this information and how and for what purposes the data may be used.

(7) if



1 this with the protection objectives of this federal law compatible and the State of the art (article 2 No. 7) offered, may in regulations made pursuant to paragraph 1 to 3 set are, can grant temporary derogations from the ban on the production, marketing or the use of certain hazardous substances, mixtures, or products of the Federal Ministry of agriculture and forestry, environment and water management decision in some cases. The regulation is set then anyway, derogations may be granted for the purpose of use, who is eligible to apply, which authorisation must be and for how long an exception permit maximum can be invoked. Eligible to apply to the granting of the regulations referred to in paragraphs 1 to 3 set exceptions is a company even if it not or no establishment in Austria, however a or in the European Union has one; such a request is at the Federal Ministry of agriculture and forestry, to introduce environmental and water management, which has to decide;

2. in legislative acts of the European Union individual exceptions concerning limitations or appropriations intended for the Member States to grant exceptions the Federal Minister for agriculture and forestry, environment and water management may allow individual exceptions to the execution, implementation or Union legally compliant application of EU law under this Federal Act with notice upon a reasoned request, to the extent that these exceptions in the respective EU legislation are sufficiently determined.

(8) for decisions on exemptions within the meaning of paragraph 7, concerning only systems, I No 38/1999 subject to the mineral raw material act - MinroG, Federal Law Gazette, the Federal Minister of economy, family and youth is responsible.

(9) exceptions within the meaning of paragraph 7, which had been issued by a decision of the Governor, stay upright so long, as this is provided for in the respective notification. Unless is authorized the Governor to grant exceptions in existing regulations within the meaning of paragraphs 1 to 3, of the Federal Ministry of agriculture and forestry has to perceive these tasks, environment and water management."

14 paragraph 18:

"18 of the Federal Ministry of agriculture and forestry, environment and water management to the reasonable assumption that a substance or a mixture because not reasonable classification, packaging or labelling represents a danger to humans or the environment, or that the conditions of article 129 of the REACH-V are given, although the substance, the mixture or product in question complies with the provisions of this Federal Act and the administrative acts based on it or the provisions of the relevant EU legislation reach § , so he has, as far as it is necessary with regard to the objectives of this federal law to take appropriate provisional measures and to promptly inform the European Commission, the Member States and the ECHA of these measures (including the reason of measures). In particular, the Federal Minister for agriculture and forestry, can prescribe a different than the classification made pursuant to § 21 environmental and water management decision or prohibit the placing on the market by decision or establish terms or conditions. If the European Commission urges the competent authority following a review to repeal its provisional measure, it - must be without undue delay - to override or repeal."

15 paragraph 19 paragraph 1:

"(1) who has used dangerous substances, dangerous mixtures or mixtures, a safety data sheet is intended for the article 31 para 3 of the REACH-V, or dangerous products or treated as waste, in particular based on the notes shown on packaging or package insert texts, which sent him to decide what measures in terms of health and environmental protection are information, as well as applicable laws and regulations." Who in Austria the disposition of substances, mixtures, or products which are not in the Federal territory are stored, exerts to spend it in other EU Member States or to spend, has to ensure that they are appropriately classified, labelled and packaged and all other chemicals legal requirements are complied."

16. in article 19, para. 3, the word is "new".

17. the heading of article 20 reads:

"Exports and imports of hazardous chemicals, persistent organic pollutants and mercury"

18 paragraph 20 paragraph 1:

"(1) the Federal Minister for agriculture and forestry, environment and water management is"Designated national authority"for the Republic of Austria in accordance with article 4 of the PIC-V for the enforcement of this Regulation (EC) responsibility and named"competent authority"within the meaning of article 15 of Regulation (EC) No 850 / 2004 on persistent organic pollutants, as well as for the enforcement of this Regulation (EC) responsible, not else where in para 2 and 3 certainly is." The Federal Minister for agriculture and forestry, environment and water management has the Commission in accordance with article 21. par. 1 of the PIC-V on the functioning of the procedure, including customs controls, infringements, penalties, and remedial action regularly to report"

19. in article 20, paragraph 2 and 3, the expression "Federal Minister for Economics and labour" is replaced by the expression "Federal Ministry of economy, family and youth".

20 paragraph 20 paragraph 4 to 6:

"(4) for the export of substances, mixtures and products and pesticides that are banned or severely restricted, in third countries are to fulfil all obligations with the notification in connection of the exporter within the meaning of the PIC-V. The export notification is - where possible - making in electronic form in the way of the European database on export and import of dangerous chemicals (EDEXIM). Substances, mixtures and products, and pesticides may not run as far as they are subject to an export ban pursuant to annex V of the regulation of the European Union. Insofar as it is necessary to avoid dangers to the life or health of people or for the environment, the Federal Minister for agriculture and forestry can, environment and water management further bans in consultation with the Federal Minister of economy, family and youth and the Federal Minister for labour, Social Affairs and consumer protection through regulation after the State of the art (article 2 No. 7) set.

(5) the Governor and the customs service are authorities in accordance with article 17 of the PIC-V. The Federal Minister of finance is responsible for the enforcement of article 17 para. 2 of the PIC-V related to the export to third countries and the import from third countries and concerning the monitoring of compliance with such provisions in the import and export of substances, mixtures, products and pesticides in accordance with article 17 para. 2 of the PIC-V by the Customs authorities.

(6) the Federal Minister for agriculture and forestry, environment and water management is the competent authority in accordance with article 7 of the EU QuecksilberV."

21 paragraph 21 par. 1 and 2:

'(1) Whoever brings substances or mixtures in transport, has according to his responsibility according to § 27 until the date laid down in § 77 para 8 to investigate, whether these substances or mixtures have hazardous properties in accordance with article 3, paragraph 1; from the aforementioned dates (§ 77 para 8), investigations are to make, whether they exhibit dangerous properties in accordance with article 3 in conjunction with Annex I of CLP-V. If he has one or more of these dangerous properties to classify the relevant substances and mixtures. A classification taken from the respective dates and labelling according to CLP-V (article 61 para 2) is allowed. In this case apply the article 61 of the CLP-V and article 31 of the REACH-V (in particular para. 10).


(2) is the classification of a substance or a mixture not already due to one according to the list referred to in the following as "Materials list" (table 3.1 and table 3.2) the harmonised classifications and part 3 of the CLP-V recent classification sufficiently specified labelling in annex VI in the meaning of section 5 in connection with annex VI section 1.2 of the CLP-V and fully specified, or arranged with notice in accordance with § 18 ", so are the classification testing provided for and calculation methods, scientific findings, epidemiological data and experiences on the effects in humans, such as for example data about occupational exposure and data on the basis of the REACH-V and the implementing regulations (EC) accident database as well as all other facts and circumstances which indicate an adverse effect (section 19 para 2) including in the CLP-V-led information and knowledge sources and a classification already carried out in other relevant legislation of the European Union to attract."

22. in article 21, paragraph 3, the phrase "in the sense of § 3 para 1" is omitted.

23 paragraph 21 par. 4 and 5:

"(4) arises from facts or circumstances within the meaning of article 19 paragraph 2, that a substance or a mixture so has one for the classification of responsible (§ 27) previously unknown or more serious dangerous property known as so far has the for classification of responsible (§ 27) to classify the substance or mixture according to these findings the and the Federal Ministry of agriculture and forestry, to submit a written notice about environmental and water management on request.

(5) the classification of a substance or a mixture shall be effected in accordance with the list of substances referred to in paragraph 2. Unless a minimum classification according to annex VI (especially section 1.2) the CLP-V is provided in the list of substances for substance and due to in part of the registration or other them more accessible (para 2) data is a reasonable suspicion that these minimum classification is less strict than the classification corresponding to the actual hazardous properties of the substance, have immediately to investigate producers and importers referred to in paragraph 2 and to adapt, if necessary, the classification and labelling and the Federal Ministry of agriculture and forestry ", Environment and water management on request to document."

24. in article 21, paragraph 6 of the parenthetical expression "(§ 2 Abs. 15) is after the phrase"State of the art"" by the parenthetical expression "(§ 2 Abs. 7)" replaced.

25 § 22 para 2 No. 3 is:



"3. exams, after chemicals on registration Regulation 2002, Federal Law Gazette II No. 428/2002, as well as the examinations, which according to the REACH-V or classification according to the CLP-V were carried out for a registration and other used information provided by the CLP-V and knowledge sources, as far as the review of the classification is necessary to."

26. in article 23, paragraph 1, the second sentence in the introductory part is replaced by the following sentences:

"If after the CLP V regarding the packaging reaches the CLP-V to the application, the specified there regulations apply. ' If under article 61 of the CLP-V enters not the CLP-V to the application, the packaging have to comply with the following requirements and conditions laid down in a regulation referred to in paragraph 2: '

27. the introductory part of section 24 para 1 is as follows:

"Hazardous substances and dangerous mixtures may be placed on the market only, if they are marked according to their properties. The marking is clearly visible and readable, and permanently install on each package. She must – without prejudice to the PIC-V - be drawn up in German, if the substances or mixtures to make domestic intended, and be understood. If according to the CLP-V with respect to the marking reaches the CLP-V to the application, the specified there regulations apply. The marking of vehicles, fuels and lubricants each has from the in section 77 para 8 specified points in time to be the CLP-V: when handing off a tax device (pump) for direct consumption on the output device. When handing off a tax device directly into containers (cans) on the output device as well as on the container. However, in both cases the name, the address and the telephone number of the company must (art. 17 par. 1 lit. a CLP-V) not specified; a premature labelling is allowed according to the CLP-V. The aforementioned labelling of vehicles, fuels and lubricants is so long as to make, until a corresponding EU legislation. Is a such EU legislation is enacted, a notice of the Federal Minister for agriculture and forestry, environment and water management in the Federal Law Gazette was made about it. Provided under article 61 of the CLP-V enters not the CLP-V to the application, the marking has the requirements listed below and the section 2 to 7 and to comply with the conditions laid down in a regulation pursuant to paragraph 6. "It has to contain at least the following information:"

28. in article 24, paragraph 1 No. 6 eliminates the bracket expression "(Artikel 21 Abs. 1 und 2 der Richtlinie 67/548/EWG in der Fassung der Richtlinie 92/32/EWG, ABl.)" No. L 154/1 of 5 June 1992) "."

29. in article 24, paragraph 1, no. 7 is the phrase "Annex I of to Directive 67/54/EEC, OJ No. 196,"by the phrase"Annex VI, part 3 of the CLP-V"replaced.

30 paragraph 24 paragraph 5:

"(5) to the movement to other Member States certain hazardous substances and mixtures are in storage, storage or at the holding a clear visible and identifiable reference to be provided with, that they are not intended to submit in the domestic."

31 paragraph 25 (1) to 5:

"(1) apply to those substances and mixtures that a delivery of safety data sheets to the respective buyers is set, the provisions of REACH-V (in particular art. 31) and the CLP-V." In a non-hazardous mixture in the sense of § 3 para 1 or § 4 para 1, which contains a substance for which a national occupational exposure limit value is set, is the customer to request a safety data sheet shows off this stuff or are relevant information pursuant to article 32 of the REACH-V to to provide. A dangerous mixture or a mixture pursuant to art. 31 para 3 is referred to in annex II section 8 of the REACH V in the safety data sheet for each substance contained in the mixture of each designated national limit perform.

(2) the safety data sheet has to comply with the requirements of article 31 para. 6 and annex II of REACH-V. In the safety data sheet for substances and mixtures that are classified, labelled and packaged according to the CLP-V, is the classification of the substance, the mixture, and components according to Directive 67/548/EEC or Directive 1999/45/EC in accordance with article 31 of the REACH-V lead the classification and labelling according to CLP-V and in addition until 1 June 2015. From liability for the safety data sheet, the corresponding regulations of REACH-V and the duties established in accordance with paragraph 4 to 7 shall apply.

(3) on request, the safety data sheet is also the organs entrusted with the monitoring of this federal law and authorities, the Federal Minister for labour, Social Affairs and consumer protection, the Federal Minister of health, to provide the Federal Minister of transport, innovation and technology, as well as every buyer of a hazardous substance or mixture, if a safety data sheet is required, free of charge.

(4) the safety data sheet (including the annexes) must be drawn up on a levy in Austria in German language. The information contained in the safety data sheet must allow 3 Z 14 of the REACH-V (distributors) the actors of the supply chain and traders within the meaning of article, to evaluate the dangers arising from the use of substances or mixtures for the safety and health of workers and the environment and to take appropriate measures for the adequate control of those risks. Under point 1.4 (emergency number) of the safety data sheet, the Gesundheit Österreich GmbH, Tel.Nr poisoning information center phone number is for a placing on the market in Austria. +43 1 406 43 43 to lead.

(5) the Federal Ministry of agriculture and forestry, environment and water management may adopt, taking into consideration to the relevant regulations of the European Union in consultation with the Federal Minister of economy, family and youth, and the Federal Minister for labour, Social Affairs and consumer protection regulation qualifiers to the safety data sheet. Also an extended duty to the handing over of a safety data sheet can be set in this regulation."

32. paragraph 25 paragraph 7:

"(7) actors in the supply chain and distributor within the meaning of article 3 Z 14 of the REACH-V (Distributor) have to decide what measures in terms of health and environmental protection for the adequate management of the risks are on the basis of the information in the safety data sheet submitted them and applicable laws and regulations."

33. section 26 together with the header is omitted.

34. paragraph 27:


"Section 27 (1) without prejudice to EU legislation referred to, in particular the REACH-V and the CLP-V (in particular, article 4), set relevant obligations are in the at article 5, paragraph 1 for the compliance with the requirements of the product survey (section 19 para 2), suppliers related to transmission of information on mixtures (§ 19 para 4), investigation and classification (section 21), packaging and labelling information requirements in any case in accordance with article 3 of the REACH-V responsible" , to the extent that they have to apply the chemicals legal legislation based on the Directive 67/548/EEC or Directive 1999/45/EC pursuant to article 61 of the CLP-V or apply:



1. regarding the obligations with the classification in context: a) in any case, the manufacturer of the substance, the importer of a substance or a mixture, downstream users using a substance in a mixture (manufacturer of the mixture), b) also every other supplier of a substance or mixture; Dealer within the meaning of article however can use the classification 3 Z 14 of the REACH-V (Distributor) for a substance or a mixture, that was made by an upstream actor in the supply chain. Downstream users can use the classification for a substance or a mixture, that was made by an upstream actor in the supply chain, unless they change the composition of the substance or mixture.

2. with regard to the related to the labelling and packaging related duties in addition to the Z 1 lit. (a) these people brings every other supplier, of a substance or a mixture in traffic. For the execution of identification in German language in accordance with article 24, paragraph 1, everyone is responsible bringing softener substances or mixtures in Austria in traffic.

(2) Notwithstanding paragraph 1 each to qualifying than in the sense of paragraph 1 supplier of a substance or a mixture is as far as for the compliance with the requirements specified in paragraph 1 responsible, as he about the circumstances and facts regarding these obligations knew or should have known."

35. § 28 together with the header is omitted.

36. in article 30, para. 3 and article 32, paragraph 1 the phrase "Federal Minister for Economics and labour" is replaced by the phrase "Federal Ministry of economy, family and youth".

37. in article 30, para. 3 and article 32, paragraph 1 of the parenthetical expression "(§ 2 Abs. 15) is after the phrase"State of the art"" by the parenthetical expression "(§ 2 Abs. 7)" replaced.

38. in article 33 is the phrase "Those responsible in accordance with § 27 para 1" by the phrase "the detergents manufacturers within the meaning of article 2 Z 10 of Regulation (EC) No. 648/2004 on detergents" replaced.

39. paragraph 35:

"§ 35. poisons within the meaning of this section are substances and mixtures, the"



1 time specified in § 77 para 8 up to the respective are according to Directive 67/548/EEC or Directive 1999/45/EC as very toxic (T +) or toxic (T) classified and marked; in § 77 para 8 laid down each time are poisons within the meaning of this section a) substances, if they aa) in accordance with article 3 in conjunction with Annex I of CLP-V or annex VI Part 3 table 3.1 the CLP-V as acutely toxic of category 1 or 2 with the H sets H300, H310 or H330 or as specific target organ systemic toxicity of category 1 with the H sets H370 (single exposure) or H372 (repeated exposure) are classified and labelled or bb) according to art. 3 in connection with Annex I of CLP-V as classified and labelled are acutely toxic of category 3 with the H sets H301, H311 or H331 and in annex VI Part 3 table 3.2 of the CLP-V or in accordance with section 2 of the safety data sheet properly as very toxic (T +) or toxic (T) are classified.

b) mixtures, if in accordance with article 3 in conjunction with Annex I of CLP-V as acutely toxic of category 1 or 2 (with the H sets H300, H310 or H330) or as specific target organ toxicity of of category 1 with the H sets H370 (single exposure) or H372 (repeated exposure) are classified and labelled.

2 time specified in § 77 para 8 up to the respective classified according to Directive 67/548/EEC or Directive 1999/45/EC as harmful (less toxic) (Xn); at § 77 para 8 each predetermined time poisons within the meaning of this section a are) substances if they according to article 3 in conjunction with Annex I of CLP-V or annex VI Part 3 table 3.1 of the CLP-V as acutely toxic of category 3 or 4 with the H sets H301, H311, H331, H302, H312 or H332, as specific target organ systemic toxicity of category 2 with the H sets H371 (single exposure) or H373 (repeated exposure) , as toxic aspiration (aspiration hazard) or as breath way sensibilisierend with the H set the H set H304 H334 classified and labelled are, provided they do not fall under the criteria defined in subpara 1;

b) mixtures, if them under article 3 in conjunction with Annex I of CLP-V as acutely toxic of category 3 or 4 with the H sets H301, H311, H331, H302, H312 or H 332, as specific target organ systemic toxicity of category 2 with the H sets H371 (single exposure) or H373 (repeated exposure), as toxic aspiration (aspiration hazard) are classified as respiratory way sensibilisierend with the H set H334 or the H set H304 and labelled , provided that they do not fall under the criteria defined in subpara 1.

If substances or mixtures before the dates laid down in article 77 paragraph 8 after the CLP-V (article 61 para 2) marked and who applies as a criterion of allocation to poisons within the meaning of no. 1 to the respective time classification as very toxic or toxic according to Directive 67/548/EEC or 1999/45/EEC ", which must be included in the safety data sheet in accordance with article 31 of the REACH-V."

40. § 36 including header is omitted.

41. paragraph 1 is eliminated § 37.

42. in article 37, paragraph 2, the phrase is in the first sentence "dangerous within the meaning of § 3 para 1 Z 6, 7 or 9" by the phrase "poisons within the meaning of § 35 Z 1 or until 1 June 2015 hazardous in the sense of § 3 para 1 Z 9 or 1 June 2015 as skin corrosive in accordance with article 3 in conjunction with Annex I of CLP-V" replaced.

43. § 37 para 2 last sentence reads:

"This does not apply to substances and mixtures that have already been reported prior to the date referred to in article 77 paragraph 8 based on the substance or preparation directive for plant protection products, whose placing on the market under the plant protection products act 2011 (art. 1 of the Federal Act with which a plant protection products act 2011 and a plant protection law be - 2011 adopted agriculture legislation Amendment Act 2010, Federal Law Gazette I no. 10/2011) is allowed."

44. in article 39, paragraph 2 and in article 43, paragraph 1 the term "Plant protection products Act 1997" is replaced by the expression "Plant protection products act 2011".

45. section 40 including the heading is eliminated.

46. in article 41 paragraph 3, Z 5 the word "Sprayer" is replaced by the word "Pest control".

47. in section 41Abs. 3 is the point 5 the expression at the end of the Z "and" replaced; following no. 6 is added:



"6 companies, which need poisons within the meaning of § 35 Z 1 to carry out the tasks within the framework of the exercise of the trade or agricultural or forestry activities and where at least one in the operating area, the poisons are used, has constantly busy person who has verifiably completed a technically appropriate vocational training with regard to dealing with the used poison on this area and the necessary knowledge of first aid or is knowledgeable within the meaning of section 42, paragraph 5 ", upon presentation of a certificate issued by the district administration authority in accordance with paragraph 5."

48. in article 41, paragraph 4, the word "Rector" is replaced by the word "Rector".

49. the section 41 paragraph 5 is added:

"(5) to obtain a certificate of the district administrative authority referred to in paragraph a is 3 No. 6 of operation outward authorized person to make signed message to the district administrative authority that contains the following information, including certain documents:"



1 the Division including the business licence or proof of the exercise of a certain agricultural or forestry operation branch, 2. the intended use of the poison. If poisons are used only for analysis purposes, this is specifically to lead, 3. the name of the poison (chemical name, trade name); If required poisons are used only for analysis purposes, the indication of toxins can be eliminated; and 4 the name and the function name in the operating area, the poisons are used, constantly busy and to receive the poison authorised person, has demonstrably completed a technically corresponding to the respective sector or the respective establishment branch of agricultural or forestry vocational training with regard to dealing with the used poison and has the necessary knowledge of first aid or knowledgeable according to § 42 para 5 is.

The appropriate certificate for the vocational education or the certificate of competence, E.g. the course confirmation about a social studies course or proof of training recognised as equivalent, and a proof of knowledge of first aid are to join.

The district administrative authority has operation without delay - if there is the necessary information - to issue a certificate. The information provided by the operation or records are inadequate, the district administrative authority has to inform the notifier specifying the necessary additions and corrections, and to grant him a reasonable time limit for the repair of the defect. In the certificate, it should be noted explicitly that is entitled to the respect of certain toxins, which poisons - in personal quotes of poisons - for what purpose may be taken and which person employed in the operation - named quotes - to receive the poisons is authorized. Provided that no longer apply to the aforementioned information and operation still requires poisons within the framework of the exercise of his trade or agricultural or forestry activities, he has to sign the modified conditions of the district administrative authority and this has to issue a new certificate under simultaneous withdrawal of the former certificate. The District Administration has communicated changes to make a corresponding adaptation in the register pursuant to § 42 para 10. A certificate is to withdraw if the above conditions are no longer even by the district administrative authority. Upright poison related grants in accordance with section 42 shall apply until the expiry of its validity."

50 the following sentence is added to § 42 paragraph 1:

"Only a gift subscription licence may be issued to private users."

51. the last sentence of section 42, paragraph 5 is replaced by the following four records:

"For the dispensing of poisons within the meaning of § 35 certificate of qualification in the execution of laws of the countries to § 49 applies to Z 1 in agriculture as a means of protecting plants and plant products the use of toxins as proof of the requisite knowledge (competence). This applies to professional users within the meaning of article 3 of Directive 2009/128/EC on a framework for action the community for the sustainable use of pesticides, OJ No. L 309, November 24, 2009, p. 71, until the introduction of appropriate training certificate (for the use of plant protection products) in accordance with article 5 of this directive in accordance with the design laws of the countries to the principle of law of section 13 of the plant protection products act 2011. At that time for the professional user, 25 November 2015, this training certificate, valid as proof of the requisite knowledge (competence). For the purchases and the use of poisons within the meaning of section 35 1 as Weinbehandlungsmittel considered Z also corresponding training and courses for the wine industry, which are offered by the relevant institutions of the Federation or a land (Chambers of Agriculture of the countries) and relevant vocational training schools, proof of the knowledge required in accordance with no. 1."

52. in § 42 paragraph 10 is for the phrase "receipts pursuant to § 41 3 Z 2" the phrase "and certificates in accordance with article 41, para. 3 No. 6" inserted.

53. in § 42 paragraph 11 is according to the expression "confirmation pursuant to § 41 3 Z 2" the phrase "and certificates in accordance with article 41, para. 3 Z 6" inserted.

54. the fourth sentence of section 44, paragraph 1 is replaced by the following sentences:

"He has to work with the safety and prevention specialists in the operation. The Commissioner must knowledgeable within the meaning of section 42, paragraph 5, or with regard to the area of operation, the poisons used in, demonstrably have completed vocational training with regard to dealing with the used poison professionally corresponding to the respective sector or the respective agricultural or forestry branch and have the necessary knowledge of first aid, in operation constantly busy and in the field ", the poisons used in the, during the usual business or operating hours be present or at least easily accessible."

55. paragraph 2 eliminates § 45.

56. paragraph 45 para 3 and 4:

"(3) the release of toxins out of premises, in particular in the shipping trade or by other direct selling methods, machines and other forms of self-service is prohibited.

(4) the Federal Minister for agriculture and forestry, environment and water management allow exceptions with regard to the sale of poisons in accordance with § 35 Z 2 outside of workplaces, especially in mail order or through other direct selling methods, machines and other forms of self service in agreement with the Federal Minister of health, the Federal Ministry of economy, family and youth, and the Federal Minister for labour, Social Affairs and consumer protection regulation , if this is a threat to the life or health of people not expected to, and, if necessary, special security arrangements for this set. In this regulation the measures referred to in paragraph 3 can be if necessary - insofar as it complies with the protection objectives of this Federal Act - other dangerous substances and mixtures, which endanger the life or health of the people, extends and, if necessary, set with regard to these substances and mixtures also exceptions, if this is a threat to the life or health of people not to be expected, as well as special security arrangements for the levy through self service."

57. paragraph 46 paragraph 2:

"(2) poisons within the meaning of § 35 Z 1 may only by a person who has demonstrably completed vocational training with regard to dealing with the used poison specialist corresponding to the respective trade or - subject to the execution acts indicated in § 42 para. 5 of countries with regard to the qualification requirements for the use of plant protection products in agriculture - the respective agricultural or forestry operations branch No. 6 and demonstrably has the necessary knowledge of first aid in the context of article 41 paragraph 3 or expert pursuant to § 42 Paragraph 5, are used. A person who does not meet these requirements, may use these poisons only if she related to the specific toxins proven is instructed by a person within the meaning of the first sentence of this; Instruction must be repeated at least once a year."

58. in article 46, paragraph 3, the Nos. 1 and 2 are eliminated.

59. paragraph 1 is § 47.

60. paragraph 49:

"§ 49. (principle provision) if not by execution regulations of countries to section 13 of the plant protection products act of 2011 the requirements listed below are covered, to provide in particular for regulating the use of poisons in agriculture as a means of protecting plants and plant products through the provincial legislature:"



1. actions or restrictions that are necessary for the protection of life and health of people and the environment in the use of poisons in agriculture;

2. information obligations towards the users of poisons, particularly explicit information on the hazardous properties of the poison and the relevant precautions. These instructions must contain at least the hazard pictograms (hazard symbols), the signal words (indications of danger), the hazard statements (R-phrases) and the safety advice (S-phrases);

3. information obligations towards the users of toxins regarding their intended use in the treatment of plants or plant products, especially those intended for consumption by humans or animals;

4. information obligations towards the purchaser of plants or plant products which have been treated with poisons and are therefore not intended for consumption by humans or animals. "

61. the introductory part of section 50 is as follows:

"Ecotoxicological and toxicological testing of substances and mixtures are required para 4 of the CLP-V in conjunction with article 13 para 4 of REACH-V by inspection bodies pursuant to article 8, which, without prejudice to have otherwise for this legislation - about a corresponding to the current state of science and technology and closer-run in a regulation according to § 51 laboratory practice or any other international standard" ", by the European Commission or by the ECHA as the equivalent is recognized, comply with and meet the requirements pursuant to sub-para. 1-5:"

62. paragraph 52 section 1:

"(1) the Federal Minister for agriculture and forestry, environment and water management has to check the testing laboratory in this regard, whether"



1 comply with the requirements of § 50 and a regulation adopted pursuant to article 51, the tests referred to in section 50 properly perform 2 and test certificates from them are 3 likely to shed light on the characteristics of dangerousness to be tested."

63. the heading of section 54 is as follows:

"Central register and information desk; competent authority in accordance with article 45 of the CLP-V"

64. § 54 para 1 second sentence reads:


"The register is 3 Z 14 of the REACH-V (distributors) in accordance with this Federal Act and its regulations on the basis of existing, actually and legally accessible Austrian, foreign or international organizations-run chemical and product registers, as well as the manufacturers, importers, downstream users and distributors within the meaning of article, news and releases, taking into consideration on scientific experience and knowledge about materials sent to relevant EU legislation ", To create mixtures and products."

65. paragraph 54 paragraph 2:

"(2) the Federal Minister for agriculture and forestry, environment and water management is entitled automatically to keep the records referred to in paragraph 1. He can use also the environmental agency GmbH for the maintenance of the register."

66. the section 54 be added the para 4 and 5:

"(4) the Federal Minister for agriculture and forestry, environment and water management takes 45 of the CLP V Z 8 through the environmental agency Ltd. all for treating requests medical content of regarding preventive and curative measures, in particular in emergencies, necessary information and documentation referred to in article in his position in accordance with article 7, paragraph 2, including the most precise chemical composition than weight or volume percentage of mixtures, and chemical identity of the substances in mixtures , which are to transmit brought dangerous mixtures in accordance with article 45 of the CLP-V for the first placing on the market - in any case by no later than two weeks after the initial placing on the market - by the importers and downstream users (manufacturers of mixtures) in Austria in traffic. This information is provided for the purpose of carrying out the tasks referred to in paragraph 5 in accordance with § 55 section 4 the database of poisoning information center established pursuant to § 39 para 3 Z 3 available. The information can - be submitted provided that all above information is included - also in the form of a corresponding safety data sheet of the mixture at the environmental agency GmbH as long as not in accordance with article 45 para 4 of the CLP-V corresponding precautions be taken;. the Federal Minister for agriculture and forestry, environment and water management can set taking on EU legislation by regulation detailed provisions on form, content and extent of the messages; above arrangements at EU level are provided, a notice of the Federal Minister for agriculture and forestry, environment and water management in the Federal Law Gazette is issued also.

(5) the poisoning Information Center ("Gesundheit Österreich GmbH") inquiries Z 8 medical content specifying the preventive and curative measures, in particular in case of emergency for the Federal Minister of agriculture and forestry, environment and water management as a national Notbeauskunftungsstelle within the meaning of section 7, paragraph 2. You recorded statistically, for the Federal Minister of agriculture and forestry, environment and water management requests beauskunfteten for emergency to request of the Federal Minister for agriculture and forestry, environment and water management on the basis of a statistical analysis the need for improved risk management measures in accordance with article 45 para 2 lit. b of the CLP-V to determine. Created analyses are to submit also the Federal Minister of health and the Federal Minister for labour, Social Affairs and consumer protection."

67. the introductory part of section 55, paragraph 2 reads:

"Under no circumstances information below under an operating and business secrets, as far as they fall not by ECHA according to article 119 para. 2 of the REACH-V or according to § 16 of the chemicals regulation, Federal Law Gazette II No. 81 / 2000, or in accordance with article 24 of the CLP-V be recognized as secret:"

68. § 55 para 2 No. 6 is:



"6. the degree of purity of the substance and the identity of impurities and additives that are known as dangerous, if this is necessary for the classification or labelling," 69. § 55 ABS 2 Z 9 is the phrase "substances, which are listed in the list of substances (§ 21 para 7):" by the phrase "for substances under the conditions set out in the REACH-V:" replaced.

70. Article 55 par. 4 Z 1 is:



"(1. folgende Öffentliche Institutionen: a) the departments of the Federal Government, the environmental agency GmbH in terms of their function according to § 7 of the environmental control law and the departments of countries as far as the data for the receiver to the execution of this federal law, other federal or landesgesetzlicher provisions or other legally transferred duties is essential, b) the winners of the statutory accident insurance, as far as these data to carry out their statutory tasks" "that need particularly in the context of the General Law on Social Insurance - ASVG," 71. Article 55 par. 4 No. 3 is:



"3. doctors and veterinarians, as far as they need the data to the practice of medicine, as well as the poisoning Information Center ("Gesundheit Österreich GmbH"), as far as she needed the data to the evaluation of poisoning incidents including their statistical coverage within the meaning of section 54 paragraph 5 or to answer questions on medical content of regarding preventive and curative measures within the meaning of § 54 5 or to the information of the medical staff within the meaning of Regulation (EC) No 648 / 2004 on detergents can use" "," 72. § 57 para 1 is:

"(1) as far as this Act does not otherwise determines, is responsible to the Governor for official monitoring of the compliance with the provisions of this Federal Act and the administrative acts based on it, as well as the following laws of the European Union:"



1. REACH-V; the monitoring authorities referred to in the MinroG are responsible in matters of monitoring the REACH V in connection with prospecting and winning of mineral raw materials and the processing of mineral raw materials without the application of chemical techniques in equipment covered by the mineral resource law, and have to proceed according to the MinroG;

"2. CLP-V, 3. Regulation (EC) No. 648/2004 on detergents, 4th PIC-V, 5. Regulation (EC) No 850/2004 on persistent organic pollutants, 6th EU OzonV and 7 article 1 of the EU QuecksilberV."

73. in article 57, paragraph 3, the phrase is "Federal Ministry of Economics and labour of all applications in accordance with § 5, information and notices under section 13 and" is replaced by the phrase "Federal Minister for labour, Social Affairs and consumer protection".

74. paragraph 58 paragraph 1:

"(1) the organs of the Governor and the Federal Minister of agriculture and forestry, environment and water management and that of those consulted experts empowered everywhere, where by this federal law or by the relevant, relating to the matters shall of this Federal Act legislation of the European Union scheduled substances, mixtures, or products are manufactured, placed on the market or used, to keep review."

75. paragraph 61 paragraph 1:

"(1) 58 or 60 bodies authorized to monitor and experts allowed pursuant to § § check manufacturing processes and equipment, as well as samples of substances, mixtures and products which are covered by this federal law or the relevant legislation of the European Union, to the extent necessary."

76. paragraph 61 para 4 to 6:

"(4) the extracted sample is to examine whether the provisions of this Federal Act, the administrative acts adopted on its basis and relevant legislation of the European Union as regards the substance, the mixture or the product has been held. Insofar as this is necessary to carry out a proper investigation, knowledgeable persons or suitable facilities, as the experts are for the examination of the sample to be used.

(5) at the request of the business or owner of the business, the Federal Government for the extracted sample has to make a compensation in the amount of the cost price. The compensation is not applicable if a certain person has been punished or detected on the forfeiture of the goods concerned on the basis of this test. For samples or units, the party as evidence have been left back, is to pay no compensation. The request for compensation can be introduced at the earliest after a communication from the authority, that is no reason for a complaint, after final adjustment of administrative criminal proceedings or after the occurrence of the limitation period in proceedings (section 74) at the Governor of that State, in which the sample is taken. This decision by decision, is whether and, where appropriate, to what extent to compensate. The independent administrative panel of appeal shall decide on an appeal, however, raised.

(6) the Governor has guidelines for monitoring compliance in terms of proper and effective control respectively for the following calendar year according to the provisions of this Federal Act, to create (sample and revision plan) based administrative acts or obligations relevant to existing regulations of the European Union, as well as restrictions and prohibitions for certain substances, mixtures and products and the Federal Ministry of agriculture and forestry ", Environment and water management to communicate."

77. paragraph 62 paragraph 1:


"(1) the business or business owner, as well as their obligated agent are required to the authorised in accordance with articles 58 and 60 of the monitoring organs and experts on written or oral request to provide information and to provide access to all records and documents evidence of compliance or non-compliance with the provisions of this Federal Act, the administrative acts based on it, as well as the regulations of the European Union may arise from which. You have to tolerate the surveillance in accordance with articles 58 to 61, to provide the necessary assistance and to provide all information necessary for the monitoring."

78. paragraph 63:

"section 63. The cost of monitoring measures are in accordance with § 62 impose committed by the Governor by a decision which, if legally binding has been determined in a criminal case, that he provisions of this Federal Act, administrative acts based on or relevant regulations of the European Union has not complied. The current personnel expenses is not count in the costs of surveillance."

79 paragraph 64:

"Reasonable suspicion, that provisions of this Federal Act, administrative acts based on or relevant regulations of the European Union not respected have been and more measures of the Federal Ministry of agriculture and forestry, environment and water management are required results 64. (1) the monitoring measures, so the Federal Ministry of agriculture and forestry, immediately in writing to make communication in environmental and water management.

(2) the Governor and - to the extent of their power, pursuant to section 60 - the Customs authorities, the Federal Minister of agriculture and forestry, annually in writing to report environmental and water management the monitoring measures taken with regard to this Federal Act and the administrative acts based on it, and in particular as regards the following legal acts of the European Union:



1. REACH-V, 2. CLP-V and 3. Regulation (EC) No. 850/2004 on persistent organic pollutants.

(3) the Customs authorities have the Federal Ministry of agriculture and forestry in the scope of their authority in accordance with section 60, as well as pursuant to article 17 of the PIC-V and in accordance with article 28 of the EU OzonV, the monitoring undertaken annually in writing to report environmental and water management."

80. According to article 64 § 64a including heading shall be inserted:

"Authorization for the international exchange of data

§ 64a. (1) the Federal Minister for agriculture and forestry, environment and water management has information on dangerous substances, mixtures and products, where a measure under section 69 was used and the requirements of article 12 of Directive 2001/95/EC on general product safety are met be reported to the product safety emergency procedures ("RAPEX") in accordance with article 12 of this directive the Federal Minister for labour, Social Affairs and consumer protection within the set time limits; the respective Governor, area in which a measure in accordance with section 69 was used for that purpose has the Federal Minister of agriculture and forestry to inform environmental and water immediately under connection of all relevant documents.

(2) the competent authorities are authorised to transmit data and all relevant information collected at the completion this federal law, it-based administrative acts or relevant to the enforcement regulations of the European Union, in particular data to substances, mixtures and products and to market surveillance, authorities or other public institutions of the Member States of the European Union, as well as to international authorities. This includes the transmission of data for use in databases of the European Union or international databases where they are entertained by an authority or are under the supervision of a public authority.

(3) in accordance with paragraphs 1 and 2 provided data to those persons, the substances, mixtures or products in question bring, can be also personally identifiable, unless this is necessary for the identification of a substance, mixture or product, its backtracking in the distribution chain, or for risk assessment."

81. paragraph 66 par. 1 and 2:

"(1) fees are payable by the legal entity of a testing laboratory for the certification that the inspection body meets the requirements pursuant to § 50 and a regulation adopted pursuant to article 51.

(2) the Federal Minister for agriculture and forestry, environment and water management has to assess the amount of the charges based on the cost of inspection of a testing laboratory with regulation in a collective experience shows that in the average adult."

82. paragraph 67 paragraph 1:

"(1) the supervisory bodies can substances, mixtures, or products, including its packaging, taking into consideration the protection objectives of this Federal Act, the administrative acts based on it or the following regulations of the European Union (hereafter: items) provisionally seize if there is reasonable suspicion, that they"



1. violates one referred to in section 17 or section 20 adopted regulation or a decision adopted pursuant to article 18 made, placed on the market or used, 2. contrary to the EU OzonV will be manufactured, placed on the market or used, 3. contrary to the PIC-V a - or run, 4. contrary to the Regulation (EC) No 850 / 2004 on persistent organic pollutants produced, placed on the market or used, 5. contrary to article 1 paragraph 1 or paragraph 3 of the EU QuecksilberV be executed or made for the purpose of export , 6. violates article 5 of the REACH-V manufactured or placed on the market, 7 contrary to article 56 of REACH-V are manufactured, placed on the market or used, 8 contrary to article 67 in conjunction with annex XVII of REACH-V manufactured, placed on the market or used, 9 rough labelling or packaging defects exhibit, 10 as detergents or detergents (detergents) or surfactants contrary to Regulation (EC) No 648 / 2004 on detergents or contrary to a regulation referred to in article 30 or article 32 on the market to be brought , 11 as poisons in accordance with § 35 Z 1 without the required permission (section 41) given or purchased or 12 as poisons in accordance with § 35 Z 1 contrary to § 45 para 3 outside of premises, by machines or by way of self service are supplied.

The supervisory bodies have the Governor of that State in which the provisional seizure is made the provisional seizure immediately. The provisional seizure is override, unless the Governor within two weeks upon receipt of the ad directs the seizure with notice in accordance with § 69."

83. paragraph 68 paragraph 1:

"(1) there is reasonable suspicion, that provisions of this Federal Act and the administrative acts based on it, relevant regulations of the European Union, or decisions of the organs of the European Union in relation to objects (section 67, paragraph 1) are not complied, has - if not one of the cases mentioned in article 67, paragraph 1 exists - the monitoring body to inform the designated the reasons and to urge him, to confront the reasons shared with within a reasonable period of time or to establish the rightful State." If after the expiry of the time limit, reasonable suspicion remains upright, the Board has for the time being to seize the concerned goods if this is required, taking into consideration the protection objectives of this Federal Act. A provisional seizure is not required, the Governor with notice may order production of the lawful state. § Shall apply by analogy. 21 VStG"

84. the introductory part of section 69, paragraph 1 reads:

"The Governor has under consideration on the objectives of this Federal Act, the administrative acts based on it and the in article 67, paragraph 1 stated relevant regulations of the European Union for goods (§ 67 par. 1) decision to have the seizure:"

85. § 69 paragraph 1 Z 4 is:



"4. provided that the items contested pursuant to § 68 within the Government deadline have been adapted to the provisions of this Federal Act, the administrative acts based on it or the regulations mentioned in article 67, paragraph 1 of the European Union or taken out of circulation and in accordance with article 68, paragraph 1 for the time being have been seized are, within two weeks of receipt indicating a provisional seizure."

86. paragraph 71 paragraph 1:

'(1) who



1. the rules laid down in the CLP-V on the classification, labelling or packaging injured, 2 para. 2 of the CLP-V in conjunction with § 24 para 1 German affix the marking of a hazardous substance or mixture pursuant to article 17, contravenes the registration provisions in accordance with article 40 of the CLP-V 3. as manufacturer or importer, contravenes the provisions on advertising in accordance with article 48 of the CLP-V 4. , 5. the provisions of retention or the provision of information in accordance with the REACH-V contravenes, contravenes the provisions of retention or the provision of information in accordance with the CLP-V 6, 7 produces a substance without the required registration under the REACH-V, brings in traffic or uses, 8.

Information according to the REACH-V must present, not to the ECHA or, where this is required, to the competent authority, contravenes the provisions of title IV of REACH-V ("information in the supply chain") 9, 10 created, 11 which exhibits material safety data sheet pursuant to article 31 paragraph 5 of the REACH-V in conjunction with § 25 para 4 in German or other duties of the safety data sheet in accordance with article 31 in conjunction with annex II of REACH-V not in the good way of § 25 contravenes, 12 is a substance in such areas of use, are not in a safety data sheet included, or are not in accordance with the requirements of title V of REACH V in a relevant chemical safety report covered or have been reported not to ECHA (article 38 of the REACH-V), 13 is contrary to the provisions of title V of REACH-V, 14 as a manufacturer, importer or downstream user is contrary to the provisions of title VII of the REACH-V , manufactures 67 in conjunction with annex XVII of REACH-V 15 a substance, a mixture or a product contrary to a restriction under article, brings in traffic or used, 16 of the PIC-V is contrary to, does not comply with the export notification procedure, does not comply with the duty to provide information, not observed import decisions, not obtaining the explicit consent of the importing country in the way of the authority, or by not keeping up in that regulation laid down labelling and packaging requirements for the export or the delivery obligation concerning safety data sheets the export contravenes, 17 runs contrary to this export ban chemicals or products (finished products, articles), according to the PIC-V an export ban applies, or brings in traffic, 18 in a customs export declaration specifies a in accordance with article 17 paragraph 2 which does not indicate number to be PIC-V or an incorrect identification number, 19 violates prohibitions and restrictions of a regulation adopted pursuant to article 17, contravenes the EU OzonV 20 , if the Act not under the relevant in implementing the Directive 2008/99/EC on the protection of the environment from November 19, 2008, OJ L 328 of 6 December 2008, S. 28, in the criminal code fall 1975 acquired legal offences, 21 contravenes a notice in accordance with section 18 or the duty imposed on it pursuant to § 19, information and reporting obligations, the investigation and classification of duties (section 21) injured 22 as a charge within the meaning of § 27 or contravenes the provisions (sections 23 and 24) on the packaging or labelling of substances and mixtures , composed after this federal law and the implementing acts of the Administration, violates 23 article 1 of the EU QuecksilberV, 24 of Regulation (EC) No. 850/2004 on persistent organic pollutants is contrary to 25 detergents or detergents (detergents) or surfactants contrary to Regulation (EC) No 648 / 2004 on detergents or contrary to the requirements of a regulation in accordance with section 30 or 32 or without fulfilling the obligation under article 33 in traffic brings , 26 poisons in accordance with § 35 Z 1 has, or acquires, without to be entitled to do so in accordance with the sections 41 or 42, produces 27 as the owner of a company, the poisons in accordance with § 35 Z 1 or brings in traffic, contrary to section 44, a representative for the poison traffic ordered, 28 as Commissioner for trade in poison does not fulfil his obligations in accordance with article 44, paragraph 1, 29 prescribed special security measure to final consumers emits toxins contrary to section 45 or a regulation in accordance with § 45 para 3 , Z 1 contrary to section 46 subsection 2 or a regulation adopted pursuant to § 46 para. 3 in traffic brings 30 poisons in accordance with § 35 or used, operates 31 bodies contrary to section 50 or a regulation adopted pursuant to article 51, 32nd contravenes the requirements of section 62, paragraph 1, 33. substances, mixtures or products on the market brings, the provisional seizure in accordance with section 67 or the seizure pursuant to section 69 is imposed by decision , or contravenes 34. a measure ordered by the competent surveillance authority referred to in article 70, commits an administrative offence if the Act not by judicial sentence is threatened and has fine of at least €500 to €20180 to punish to €40375 in case of recurrence. The attempt is punishable."

87. in article 71, paragraph 2, the phrase is inserted after the phrase "other arrangements" "Relevant regulations of the European Union or based on it, directly applicable EU legislation".

88. in section 76 para 1 and 2 are eliminated.

89. in article 77, paragraph 1, the third and the fourth movement are eliminated.

90. paragraph 2 deleted § 77.

91. the section 77 be added following paragraph 6 to 9:

"No gender-specific significance (6) the personal concepts used in this federal law; they are to use when applied to certain people in the form of gender.

(7) the table of contents, the heading of I section, sections 1 to 9, including headings, § 17 together with heading, article 18, article 19, para. 1 and 3, the heading of article 20, § 20 para 1 to 6, § 21 para 1 to 6, § 22 para 2 No. 3, the introductory part of section 23 para 1, § 24 para. 1 and 5, § 25 para 1 to 5 and 7, § 27 , § 30 para 3, § 32 para 1, § 33, § 35, § 37 para 2, § 39 para 2, § 41 para 3 Z 5 and 6, § 41 para 4 and 5, article 42, paragraph 1, 5, 10 and 11, article 43, paragraph 1, article 44, para. 1, § 45 para 3 and 4, § 46 para 2 and 3, § 49, the introductory part of article 50, § 52 para 1, the heading of section 54 , § 54 para 1 second sentence, article 54, paragraph 2, 4 and 5, the introductory part of section 55 para 2, § 55 para 2 Nos. 6 and 9, article 55 par. 4 Z 1 and 3, § 57 para 1 and 3, article 58, paragraph 1, article 61, paragraph 1, 4, 5 and 6, § 62 para 1, § 63, § 64, § 64a along with headline, article 66, paragraph 1 and 2, article 67, paragraph 1 , Section 68, paragraph 1, the introductory part of section 69 subsection 1, section 69, paragraph 1 Z 4, article 71, paragraph 1 and 2, article 77, paragraph 1, and 6 to 9 and article 78, paragraph 1, 2, 2a, 4 and 6 as amended by amendment to the chemicals Act 2011, Federal Law Gazette I no. 7/2012 will take the first month following the announcement effect; at the same time § 26 together with heading, § 28 together with headline, article 36 including heading, § 37 para 1, § 40, including heading, § 45 para 2, § 46 para. 3 contact § 3, para. 3, Nos. 1 and 2, § 47 para 1, § 76 para 1 and 2 and § 77 para 2 override. At the same time the Federal law on the implementation of the REACH regulation, Federal Law Gazette I no. 88/2009 (article I), override.

(8) the classification, labelling and packaging of substances is carried out up to December 1, 2010, according to the provisions of Directive 67/548/EEC; at that time according to the corresponding provisions of the CLP-V; Nevertheless, is performed in accordance with article 61 para 3 of the CLP-V 1 June 2015 also the classification of substances according to the provisions of Directive 67/548/EEC and this is shown in the safety data sheet of the substance and of the mixture in which it is contained to the fabric, para 10 of REACH-V in accordance with article 31. Classification, labelling and packaging of mixtures is done until 1 June 2015 according to the provisions of Directive 1999/45/EC; at that time according to the corresponding provisions of the CLP-V. Apart from other appropriations of article 61 of the CLP-V, in particular article 61 para 4 (the sales regulations), remains also the authorisation in accordance with article of 61 para 2 of the CLP-V, to classify substances and mixtures according to the CLP-V before the aforementioned dates, label, and packaging, thereof notwithstanding. In this case is in addition to article 61 of the CLP-V also article 31 paragraph 10 of the REACH-V application.

(9) in relation to pesticides as poisons within the meaning of § 35 Z 1 sections 41 and 42 for professional users in the sense of article 3 of Directive 2009/128/EC on a framework for action the community for the sustainable use of pesticides from 26 November 2015 does not apply, as far as the professions listed in § 41 para. 3 regarding the mandatory possession of a training certificate in accordance with article 5 of the above mentioned Directive (EC) in the execution of laws of the countries to article 13 of the Plant protection products act 2011 (determination of principle of) are covered."

92. paragraph 78 para 1 and 2:

(1) the execution of this Federal Act, the REACH-V, the CLP-V and the other in article 5, paragraph 1 is referred to regulations (EC) as well as the implementing acts issued to these regulations (EC) of the European Union, as far as paragraph 4 and 5 determine otherwise, entrusted to the Federal Minister of agriculture and forestry, environment and water management.

(2) the Federal Minister for agriculture and forestry, environment and water management has in the exemptions from regulations



1. in accordance with article 4, paragraph 2 and article 6 par. 3, 2. pursuant to § 17 para 1 to 3 and 5, 3. pursuant to article 20 para 2, as far as the listed facilities affected are 5 pursuant to § 23 para 2, 4. pursuant to section 20 para 4, 6 in accordance with § 24 para 6 and 7, 7 according to § 25 paragraph 5, 8 according to § 30 para 3, 9 pursuant to § 32 para 1 and 10 pursuant to § 45 para 4 the agreement with the Federal Minister for economic ", Family and youth to produce."

93. in paragraph 78, b shall be inserted after paragraph 2 of the following paragraph 2a and 2:

"(2a) the Minister for agriculture and forestry, environment and water management has in the exemptions from regulations



1 pursuant to § 4 paragraph 2 and article 6, para. 3, 2. According to § 17 para 1 to 3 and 5, 3. pursuant to section 20 para 4, 4. pursuant to § 23 para 2, 5 in accordance with § 24 para 6 and 7, 6 in accordance with § 25 paragraph 5 and 7 pursuant to § 45 para 4


the agreement with the Federal Minister of labour, to establish social affairs and consumer protection.

(2B) the Federal Minister for agriculture and forestry, environment and water management has in the exemptions from regulations



"1. According to article 4 paragraph 2, 2. in accordance with article 17, paragraph 1 and 3 pursuant to § 45 para 4 the agreement with the Federal Minister of health to establish."

94. paragraph 78 paragraph 4:

"(4) with the enforcement of § 20 paragraph 3 and with the enforcement of REACH V in connection with prospecting and winning of mineral raw materials and the processing of mineral raw materials without the application of chemical techniques in equipment covered by the mineral resource law, the Federal Minister of economy, family and youth is responsible."

95. in article 78 the following paragraph 6 is added:

"(6) with the rights of the Federal Government in accordance with article 15, paragraph 8 of the Federal Constitution Act is the Federal Minister for agriculture and forestry, environment and water management."

Fischer

Faymann