Landfill Regulation 2008

Original Language Title: Änderung der Deponieverordnung 2008

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455. Ordinance of the Federal Minister for Agriculture, Forestry, Environment and Water Management, which will amend the Landfill Regulation 2008

On the basis of § § 23 (1) and (3) and 65 (1) of the Waste Management Act 2002 (AWG 2002), BGBl. I n ° 102/2002, as last amended by Federal Law Gazette (BGBl). I n ° 9/2011, is to be arranged in agreement with the Federal Minister for Economic Affairs, Family and Youth:

The Deponieverordnung 2008, BGBl. II. 39, as last amended by the BGBl Regulation. II No 178/2010, shall be amended as follows:

1. The parenthesic expression contained in the heading "(Deponieverordnung 2008)" is replaced by the parenthesis "(DVO 2008)" .

2. In the last sentence of section 11 (6) of the last sentence, the word order " At the latest from 1. Jänner 2012 " through the phrase "According to the requirements according to § 41a" replaced.

3. In § 16 (5), first sentence, the word order shall be " at the latest from 1. Jänner 2012 " through the phrase "in accordance with the requirements according to § 41a" replaced.

4. § 16 (5) last sentence reads:

"The waste information referred to in paragraphs 3 and 4 shall not have to be transmitted electronically."

5. In the last sentence of § 41 (2), the phrase " from 1. Jänner 2012 " through the phrase "in accordance with the requirements according to § 41a" replaced.

6. In § 41 (3), third sentence, the word order shall be " from 1. Jänner 2012 " through the phrase "in accordance with the requirements according to § 41a" replaced.

Section 41 (4) second sentence reads as follows:

"Proof of assessment and waste information pursuant to § 41a must be kept electronically."

8. In § 41 (6), first sentence, the word order shall be "from 1 January 2013" through the phrase "in accordance with the requirements according to § 41a" replaced.

9. § 41a together with the headline is:

" Start of mandatory use of electronic specifications and applications

§ 41a. (1) Where electronic transmissions are required under this Regulation and the technical and organisational specifications have been published on the EDM-Portal edm.gv.at, the specifications for each of the relevant Transmission and the corresponding EDM application shall be used after the end of a year after publication thereof. If the putting into service of an EDM application is published at a later date than the specifications, the obligation shall not occur before the expiry of five months after the publication of the EDM application. In the case of electronic records, the obligation shall not enter into force until the end of one year after publication of the specifications, but not before the beginning of the year thereafter.

(2) If the technical specifications for the transmission do not contain a computer computer interface and therefore do not require any software adjustments, the specifications for the respective transmission and the associated data shall be required. EDM application will be used after four months after its publication on the EDM-Portal edm.gv.at. In the case of electronic records, the obligation shall not enter into force until the end of one year after publication of the specifications, but not before the beginning of the year thereafter.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the interested parties involved in a publication of technical or organisational specifications, an associated EDM application and the relevant information. Due date of liability shall be adequately informed.

(4) The provisions of paragraphs 1 to 3 shall also apply in the case of publication of amendments to technical or organisational specifications. Changes to EDM applications will be published three months in advance on the EDM-Portal edm.gv.at. "

10. In § 42 (6), second sentence, the word order shall be " from 1. Jänner 2012 " through the phrase "in accordance with the requirements according to § 41a" replaced.

11. In § 42 (7) penultimate sentence, the phrase " From 1. Jänner 2012 " through the phrase "According to the requirements according to § 41a" replaced.

12. In § 42, paragraph 7, last sentence, the phrase "Starting with the 2012 Report" through the phrase "for the first time in the reporting period in which electronic records are to be kept," replaced.

13. In the last sentence of § 42 (8), the word order shall be "from January 1, 2012" through the phrase "in accordance with the requirements according to § 41a" replaced.

14. The following paragraph 4 is added to § 49:

" (4) § 11 para. 6 last sentence, § 16 para. 5 first and last sentence, § 41 para. 2 last sentence, para. 3 third sentence, para. 4 second sentence, as well as para. 6 first sentence, § 41a including the title and § 42 para. 6 second sentence, para. 7 penultimate and last sentence as well as Paragraph 8, last sentence, as amended by the BGBl Regulation. II No 455/2011 shall enter into force at the month following the presentation of the event. '

Berlakovich