404. Regulation of the Federal Minister of Agriculture, Forestry, Environment and Water Management on the rate of immigrant movement for the operation and maintenance of the electronic register established pursuant to Section 22 of the Waste Management Act 2002 (EDM Immigration Replacement Regulation)

Pursuant to Section 23 (4) of the AWG 2002 of the Waste Management Act 2002 BGBl. N ° 102/2002, last amended by BGBl. I No 9/2011 shall be arranged:

Section 1

General

Target

§ 1. This Regulation lays down the appropriate rate of remigration by the service provider of those registers in order to ensure the regular operation and maintenance of operational applications of the registers in accordance with Article 22 of the AWG 2002.

Purpose binding

§ 2. The rates of immigrant raised on the basis of this Regulation shall be solely for the maintenance of the regular operation and maintenance of the registers established in accordance with Section 22 of the AWG 2002.

Definitions

§ 3. For the purposes of this Regulation:

1.		"service provider" means the company which operates registers in accordance with section 22 of the AWG 2002, ensures the operation and carries out the maintenance,
2.		"Operation" means the activities that ensure that the specialist applications are made available effectively and efficiently, such as in particular the operation of the application server and the databases (hardware and software), monitoring of the IT the infrastructure, the operation of the registry, and the operation of the helpdesk in accordance with the Annex,
3.		"maintenance" means the activities necessary for the maintenance and implementation of the necessary changes to the specialized applications, such as the technical adaptations of the IT systems, the elimination of application errors, and the maintenance of the technical equipment. Changes in change requests for collection and recovery systems, monitoring and backup as set out in the annex.

Section 2

Application rate for the application e-EAG

Obligated

§ 4. The collection and recycling systems for waste electrical and electronic equipment approved in accordance with § 29 AWG 2002 are obligated to the service provider for the performance of the immigrant rates defined in accordance with § 6.

Inversion and preview invoice

§ 5. (1) The service provider shall be entitled, to finance his/her duties, annually to cover the costs of the operation and maintenance of the EDM subproject e-EAEC, each time until 30 June of the following year at the latest, for the first time up to 30. June 2013 for the calendar year 2012, to invoice the collection and recycling systems for WEEE with a payment target of 30 days. The rate of the rate of migration shall be based on the annual mass shares in accordance with Annex 5 of the EAG-VO, BGBl. II No 121/2005 idF BGBl. II No 166/2011 of the products placed on the market for each category of collection and treatment in relation to the calendar year for which the rate of immigrant movement is to be paid.

(2) The service provider shall, by 31 May at the latest in the calendar year preceding the financial year to be invoiced, draw up a preliminary statement in accordance with the requirements of the cost factors set out in the Annex, and shall have the pledge in accordance with § 4 and the To submit the Advisory Board in accordance with § 10. The service provider has to take into account the outcome of the deliberations in accordance with § 10 (6) when setting the preliminary calculation.

Height of the Immigration Rate

§ 6. (1) The total amount of the rate of migration shall be calculated on the basis of a calculation for the respective financial year of the service provider to be calculated.

(2) The service provider shall take into account the cost factors and principles set out in the appendix in the calculation of the amount of the rate of migration and shall take account of the advisory results of the Advisory Board in accordance with § 10, the amount of which shall be determined by the A rate of 110% of the forecast for this calendar year may be exceeded only in cases of force majeure, such as computer viruses or deliberate attacks on the EDP system.

(3) The calculation shall be carried out on the basis of the actual costs and shall be notified to the Federal Minister for Agriculture, Forestry, Environment and Water Management as well as the pledge according to § 4 by 30 April of the following year at the latest.

Section 3

Application rate for the application of e-batteries

Obligated

§ 7. The collection and recycling systems for waste batteries, approved in accordance with § 29 AWG 2002, are obliged to the service provider for the performance of the immigrant rates as defined in § 8.

Inversion and preview invoice

§ 8. (1) The service provider shall be entitled, for the first time at the latest 30 June of the following year at the latest, to finance his/her tasks, to cover the costs of the operation and maintenance of the EDM sub-project e-batteries, each year at the latest by 30 June of the following year. by 30 June 2013 at the latest for the 2012 calendar year, the collection and recycling systems for spent batteries with a payment target of 30 days. The distribution of the costs shall be between the collection and recovery systems for portable batteries and the collection and recycling systems for vehicle batteries in a ratio of 90:10. Within the category of portable batteries, the distribution is based on the annual mass distribution according to Annex 4 of the Batteries Ordinance, BGBl. II No. 159/2008 and for the category of vehicle batteries according to the respectively according to § 25 (1) of the Batteries Ordinance, BGBl. II No 159/2008, to be carried out on a pro rata basis, in relation to the calendar year for which the rate of immigrant movement is to be paid.

By 31 May of the calendar year preceding the financial year to be calculated, the service provider shall draw up a preliminary statement in accordance with the requirements of the cost factors set out in the Annex, and shall have the pledge in accordance with § 7 and the To submit the Advisory Board in accordance with § 10. The service provider has to take into account the outcome of the deliberations in accordance with § 10 (6) when setting the preliminary calculation.

Height of the Immigration Rate

§ 9. (1) The total amount of the rate of migration shall be calculated on the basis of a calculation for the respective financial year of the service provider to be calculated.

(2) The service provider shall take into account the cost factors and principles set out in the appendix in the calculation of the amount of the rate of migration and shall take account of the advisory results of the Advisory Board in accordance with § 10, the amount of which shall be determined by the A rate of 110% of the forecast for this calendar year may be exceeded only in cases of force majeure, such as computer viruses or deliberate attacks on the EDP system.

(3) The calculation shall be carried out on the basis of the actual costs and shall be notified to the Federal Minister for Agriculture, Forestry, the Environment and Water Management as well as the pledge according to § 7 by 30 April of the following year at the latest.

Section 4

Final provisions

Advisory Council

§ 10. (1) In order to ensure transparency and to advise the Federal Minister for Agriculture, Forestry, the Environment and Water Management on the issues arising from the enforcement of this Regulation, in particular in the specific calculation of costs the operation and maintenance of the EDM applications as well as the resulting technical issues and the prioritization of certain improvements of the respective applications, which are to be taken into account, is an advisory board at the Federal Ministry of Economics and Technology Agriculture, forestry, the environment and water management.

(2) Two representatives shall be members of the Advisory Board.

1.		of the Federal Ministry of Agriculture, Forestry, Environment and Water Management;
2.		the Austrian Chamber of Commerce and
3.		the Federal Chamber of Workers and Employees
.

(3) Experts or other persons of information, in particular the service provider, the relevant collection and recovery systems or the coordinating body Austria may be attached to the Advisory Board, as appropriate.

(4) The Advisory Council is chaired by a representative of the Federal Ministry for Agriculture, Forestry, Environment and Water Management.

(5) The appointment and dismise of the members of the Advisory Board shall be the responsibility of the Federal Minister for Agriculture, Forestry, the Environment and Water Management. The appointment and dismise of the members of the Advisory Board referred to in paragraph 2 (2) (2) and (3) shall be made on a proposal from the body represented by them.

(6) Meetings of the Advisory Board shall be convened by the Chairperson, as appropriate, but at least once a year, prior to the establishment of the service provider's financial statements. The outcome of the deliberations, including the recommendations made in the Advisory Council, shall be documented in a note, and shall be brought to the attention of the members of the Advisory Forum, the service provider and the collection and recovery systems concerned.

Late payment

§ 11. In the event of late payment, the service provider shall be entitled to additionally charge the pledge in accordance with § 4 or § 7 of the Mahnexpenses as well as default interest in the amount of the statutory default interest rate.

Transitional provision

§ 12. For the calendar year 2012, a preview calculation according to § 5 (2) and § 8 (2) may be omitted if the respective approved collection and utilization systems as payment obligations under § § 4 and 7 are proven to be the costs to be expected have been communicated.

entry into force

§ 13. This Regulation shall enter into force 1. Jänner 2012 in force.

Berlakovich

Annex

Calculation of the Immigration Rate

For the following cost factors of the operation and maintenance of the partial applications, the costs shall be shown as follows:

01	System Operation	011	Hardware
		012	Software
		013	Infrastructure
02	System maintenance	021	Regular Service
		022	Backup
		023	Firewall
ZS1	Subtotal 1 (01 + 02)
KW	Calculated Wagnis (9,5% of subtotal 1)
ZS2	Subtotal 2 (Subtotal 1 + Calculator Wagnis)
03	Application Operation	031	Monitoring
		032	Helpdesk
		033	Registry
04	application maintenance	041	Maintenance
		042	Troubleshooting
ZS3	Subtotal 3 (03 + 04)
S	Total (Subtotal 2 + Subtotal 3)
VJ	Surpluses and shortfalls from previous years
	Total height of the migration rate (total +/-VJ)