Edm Overhead Replacement Regulation

Original Language Title: EDM-Aufwandersatzverordnung

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997906/edm-aufwandersatzverordnung.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
404th Ordinance of the Federal Minister for agriculture and forestry, environment and water management on the reimbursement of expenses for the operation and maintenance of the electronic register established under section 22 of the waste management Act 2002 (EDM overhead replacement regulation)

On the basis of § 23 ABS. 4 AWG 2002 of the waste management Act 2002 Federal Law Gazette I no. 102/2002, as last amended by Federal Law Gazette I no. 9/2011 is prescribed:

1 section

General information

Target

§ 1. This regulation sets the to ensure normal operation and the maintenance of operational applications of the register pursuant to § 22 AWG 2002 reasonable reimbursement of expenses to the collection by the service provider to this register.

Purpose limitation

§ 2. The effort dentures withheld on the basis of this regulation is designed solely for maintaining normal operation and maintenance of pursuant to § 22 AWG 2002 decorated register.

Definitions

§ 3. The purposes of this regulation, 1 "service provider" is the company, which register in accordance with section 22 2002 operates AWG, ensures the operation and the maintenance carried out, 2.
"Operation" the activities that ensure that the deployed applications effectively and efficiently be provided, such as in particular the operation of the application server and the database (hardware and software), monitoring of IT infrastructure, operation of the registry, and operation of the helpdesk in accordance with annex, 3.
              "Maintenance" activities, which for the maintenance and the implementation of necessary changes of the deployed applications are necessary, such as in particular the technical adjustments of the IT systems, application troubleshooting, changes in the scope of change requests (change requests) for the collection and recovery systems, monitoring and backup in accordance with annex.

2. section

Reimbursement of expenses for the application e-EAEC

Obligated party

§ 4. In accordance with § 29 AWG 2002 agreed collection and recycling systems for waste electrical and electronic equipment are committed to the performance of the overhead dentures to the service provider pursuant to § 6.

Levy and forecast

§ 5 (1) the service provider is entitled to finance his work, each year a covered the cost of the operation and maintenance of the EDM supply project e-EAEC reimbursement of expenses, each by no later than 30 June 2013 for the calendar year 2012, with a payment term of 30 days in court to 30 June of the following year, for the first time at least the collection and recycling systems for waste electrical and electronic equipment. The amount of expenses for damages is after the year mass proportions in accordance with annex 5 of the EAG-VO, Federal Law Gazette II No. 121/2005 idF BGBl. II No. 166/2011 of the products transport used in each collection and treatment category based on the calendar year for which the reimbursement of expenses to make is to calculate.

(2) the service provider has to create a preview invoice no later than 31 May of the calendar year preceding the billable business year according to the cost factors set out in the annex and to submit the debtor in accordance with section 4, as well as the Advisory Board in accordance with § 10. The service provider has to take into account when establishing the forecast the outcome of the deliberations in accordance with § 10 paragraph 6.

Amount of expenses for damages

Section 6 (1) the total amount of expenses for damages will be determined on the basis of a calculation for each billable business year of the service provider.

(2) the service provider has to take into account the factors set out in the annex and principles for the calculation of the amount of expenses for damages and to be taken into account, provided the amount of expenses for damages not to exceed 110% of the forecast for this year only in cases of force majeure, such as computer viruses or intentional attacks on the computer system, the consultation results of the Advisory Board in accordance with § 10.

(3) the calculation is carried out on the basis of the actual costs and to announce the Federal Ministry of agriculture and forestry, environment and water management and the debtor in accordance with § 4 no later than 30 April of the following year.

3. section

Reimbursement of expenses for the application s batteries

Obligated party

§ 7. As per § 29 AWG 2002 agreed collection and recycling systems for used batteries are required to power the cost dentures to the service provider pursuant to § 8.

Levy and forecast

Section 8 (1) the service provider is entitled to finance his work, each year a covered the cost of the operation and maintenance of the EDM supply project e batteries reimbursement of expenses, each by no later than 30 June 2013 for the calendar year 2012, with a payment term of 30 days charged to 30 June of the following year, for the first time at least the collection and recycling systems for used batteries. The cost-sharing occurs between the collection and recycling systems for portable batteries and the collection and recycling systems for vehicle batteries in the ratio 90:10. In the category of portable batteries, the Division has after the year mass proportions in accordance with annex 4 of the battery directive, Federal Law Gazette II No. 159/2008 and for the category of vehicle batteries according to the respectively in accordance with § 25 para 1 battery regulation, Federal Law Gazette II No. 159/2008, reported collecting mass proportionately, based on that calendar year, for the reimbursement of expenses to afford is to be carried out.

(2) the service provider has to create a preview invoice no later than 31 May of the calendar year preceding the billable business year according to the cost factors set out in the annex and to submit the debtor in accordance with article 7, as well as the Advisory Board in accordance with § 10. The service provider has to take into account when establishing the forecast the outcome of the deliberations in accordance with § 10 paragraph 6.

Amount of expenses for damages

§ 9 (1) the total amount of expenses for damages will be determined on the basis of a calculation for each billable business year of the service provider.

(2) the service provider has to take into account the factors set out in the annex and principles for the calculation of the amount of expenses for damages and to be taken into account, provided the amount of expenses for damages not to exceed 110% of the forecast for this year only in cases of force majeure, such as computer viruses or intentional attacks on the computer system, the consultation results of the Advisory Board in accordance with § 10.

(3) the calculation is carried out on the basis of the actual costs and to announce the Federal Ministry of agriculture and forestry, environment and water management and the debtor in accordance with article 7 not later than 30 April of the following year.

4 section

Final provisions

Advisory Board

§ 10 (1) to ensure transparency and to advise the Federal Minister of agriculture and forestry, environment and water management issues arising from the enforcement of this regulation, in particular in the specific calculation of the cost of the operation and maintenance of the EDM applications and resulting technical issues and the prioritization of certain to be made any improvements of the respective applications, is an Advisory Council at the Federal Ministry of agriculture and forestry , Environment and water management to set up.

(2) the Advisory Board includes two representatives 1 of the Federal Ministry of agriculture and forestry, environment and water management;

2. the Austrian Federal Economic Chamber, and 3. the Austrian Federal Chamber of labour and employee's.

(3) also experts or other respondents, in particular of the service provider, the affected collection and recovery systems or the NSS Austria can be consulted depending on requirements the Advisory Board.

(4) a representative of the Federal Ministry of agriculture and forestry, environment and water management leads the Chair of the Advisory Board.

(5) the appointment and dismissal of the members of the Advisory Board is the Federal Minister for agriculture and forestry, environment and water management. The appointment and dismissal in para. 2 Z 2 and 3 referred to members of the Advisory Board takes place on a proposal from the point represented by them.

(6) the meetings of the Advisory Board are the Chairman as required to convene at least once a year before establishing the forecast statement of the service provider. The result of the discussions including the recommendations in the Advisory Board is to be documented in a note and to bring the members of the Advisory Board, the service providers and the affected collection and recovery systems.

Default of payment

§ 11. In default of payment, the service provider is entitled to charge Dunning costs and default interest in the amount of the statutory default interest rate in addition the debtor in accordance with section 4 or section 7.

Transitional provision

§ 12. For the calendar year 2012, a preview invoice according to § 5 para 2 and § 8 par. 2 may be omitted if in accordance with paragraph 4 and 7 you expected end cost demonstrably were communicated to the respective approved collection and recovery systems as payment undertaker.

Entry into force

§ 13. This Regulation shall enter into force January 1, 2012.

Berlakovich



Annex

Calculation of expenses for damages

For the following cost factors of the operation and maintenance of the applications, the costs are to represent 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




. Risk (9.5% of subtotal 1)



ZS2



2 subtotal (subtotal 1 + risk.)



03



Application operation



031



Monitoring



032



Helpdesk



033



Registration authority



04



Application maintenance



041



Maintenance



042



Troubleshooting



ZS3



Subtotal 3 (03 + 04)



S



Total (Subtotal 2 + subtotal 3)



VJ



Surpluses and deficits from previous years



Total amount of expenses for damages (total +/-VJ)