Change Of The Danger Goods Transport Law (Ggbg Novella 2011)

Original Language Title: Änderung des Gefahrgutbeförderungsgesetzes (GGBG-Novelle 2011)

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35. Federal Act to amend the Dangerous Goods Transport Act (GGBG-Novelle 2011)

The National Council has decided:

Article 1

The Dangerous Goods Transport Act, BGBl. I n ° 145/1998, in the version of the GGBG-Novelle 2007, BGBl. I No 63/2007 is amended as follows:

1. The table of contents is:

" TOC

Paragraph

Subject matter

Section 1

General provisions

§ 1.

Scope

§ 2.

Rules to be applied

§ 3.

Definitions

Section 2

Packaging, containers and tanks; approvals for radioactive substances; vehicles

§ 4.

Admissibility of the use of packaging, containers and tanks

§ 5.

Approval of radioactive substances in a special form, as well as design patterns of packaging (shipment patterns) for radioactive substances

§ 6.

Admissibility of the use of vehicles

Section 3

Obligations of participants, approval, exceptions, supplementary general regulations, dangerous goods officers, notifications of events, backup

§ 7.

Obligations of interested parties

§ 8.

Transport authorisation

§ 9.

Exception

§ 10.

Supplementary general rules

§ 11.

Security Adviser (Hazardous Material Officer)

§ 12.

Reporting of events

§ 12a.

Backup

Section 4

Special provisions relating to the transport of dangerous goods by road

§ 13.

Special obligations of interested parties

§ 14.

Special training of handlebars

§ 15.

Controls on the road

§ 15a.

Defect classification

§ 16.

Arrangement of interruption of transport

§ 17.

Authorisation of further transport, restriction or subversion of transport

§ 20.

Controls in companies

§ 21.

Mutual assistance

§ 22.

Control reports

Section 5

Special provisions relating to the transport of dangerous goods by rail

§ 23.

Special obligations of interested parties

§ 24.

Deviating labeling in the carriage of goods

6.

Special provisions relating to the transport of dangerous goods by waterways

§ 25.

Special obligations of interested parties

§ 26.

Training of knowledgeable people

§ 27.

Controls on waterways

§ 28.

Arrangement of interruption of transport

§ 29.

Controls in companies

§ 30.

Mutual assistance

Section 7

Special provisions relating to the transport of dangerous goods by sea

§ 31.

Special training

8. Section

Special provisions relating to the transport of dangerous goods in the civil aviation sector

§ 32.

Special obligations of interested parties

§ 33.

Special training

§ 34.

Controls

Section 9

Authorities and experts, penal provisions, conclusion and transitional provisions

§ 35.

Competent authorities

§ 36.

Experts

§ 37.

Criminal provisions, special provisions for criminal proceedings

§ 38.

Override

§ 39.

Transitional provisions

§ 40.

Enforcement

§ 41.

References to Directives "

2. § 1 (1) reads:

" (1) This federal law shall apply to the transport of dangerous goods:

1.

on the road with vehicles in accordance with § 3 (1) Z 6 lit. a,

2.

on the railroad with vehicles in accordance with § 3 (1) (6) (b),

3.

on waterways (§ 15 Maritime Law, BGBl. I n ° 62/1997) with vehicles in accordance with Article 3 (1) (c) 6 lit. c,

4.

in maritime transport,

5.

in the context of civil aviation and

6.

insofar as the carriage is regulated in accordance with § 10 (1) Z 5. "

3. § 1 (3) reads:

" (3) This federal law does not apply to the transport of dangerous goods

1.

exclusively within a closed operating site or other closed area, or

2.

with vehicles belonging to the armed forces (Section 3 (1) (9)) or under the responsibility of the armed forces, unless the provisions in accordance with § 2 of this Regulation also apply to these vehicles. "

4. § 2 Z 1 to 3 reads:

" 1.

for transport pursuant to § 1 (1) (1) (1)

the European Convention on the International Carriage of Dangerous Goods by Road (ADR), BGBl. No 522/1973, together with annexes in the version in force in accordance with international law and published in the Federal Law Gazans;

2.

for transport pursuant to § 1 (1) (2) (2)

the Convention on International Carriage by Rail (COTIF), BGBl. III No 122/2006, Annex C-Order for the International Carriage of Dangerous Goods by Rail (RID), together with the version of the Annex, which is in force under international law and is published in the Federal Law Gazans;

3.

for transport pursuant to § 1 (1) (1) (3)

the Convention on the International Carriage of Dangerous Goods by Inland Waterways (ADN), BGBl. III n ° 67/2008, together with annexes in the version in force in accordance with international law and published in the Federal Law Gazans; "

5. § 2 Z 4 before the lit. a to f is:

" 4.

for the carriage pursuant to § 1 (1) (1) (4)

Chapter VII of the 1974 International Convention for the Safety of Life at Sea and Protocol of 1978 to the International Convention for the Safety of Life at Sea, 1974, including the Appendix (SOLAS Convention), as per § 2 1 Seeschiffahrts-Erplenungsgesetz (SSEG), BGBl. No 387/1996, with the following codes: '

6. § 2 Z 5 reads:

" 5.

for the carriage in accordance with § 1 para. 1 Z 5:

Annex 18 to the Convention on International Civil Aviation, BGBl. No 97/1949, with the following technical instructions:

International Civil Aviation Organization-Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO-TI) Edition 2011-2012. "

7. § 3 together with headline reads:

" Definitions

§ 3. (1) The following general definitions shall apply to this Federal Act:

1.

Dangerous goods are substances and objects whose carriage by means of the means of transport referred to in § 1 (1) is prohibited in accordance with the regulations referred to in § 2 or is only permitted under certain conditions.

2.

Dangerous goods with a high risk of danger are dangerous goods in which the possibility of abuse for terrorist purposes, and thus the danger of serious consequences, such as the loss of many lives and massive destruction, , and which shall be cited as such in the provisions in accordance with Article 2.

3.

Transport is the change in the location of the dangerous goods, including the transport-related stays and the transport-related refusal of the dangerous goods in the vehicles, tanks and containers before, during and after the Location change. This definition also includes the temporary disposal of dangerous goods for the change of mode of transport or the means of transport (envelope). This shall apply on the condition that the transport documents from which the place of dispatch and reception can be detected shall be presented on request and, except for the purposes of control of the competent authority, provided that: Shipping items and tanks are not opened during the temporary stay.

4.

Security shall be measures or measures to be taken to minimise the theft or misuse of dangerous goods by which persons, goods or the environment may be endangered.

5.

General rules specific to transport modes are:

a)

In accordance with Section 1 (1) (1) (1) of the Act, the Kraftfahrgesetz 1967 (KFG), BGBl. No 267/1967;

b)

for carriage pursuant to Section 1 (1) (1) (2) of the Railway Act 1957 (EisbG), BGBl. No 60/1957;

c)

for carriage pursuant to § 1 (1) (1) (3) of the Shipping Act (SchFG), BGBl. I No 62/1997;

d)

The Maritime Law (SeeSchFG), BGBl. for carriage pursuant to § 1 (1) (1) (4) (4). No 174/1981;

e)

The Aviation Act (LFG), Federal Law Gazette (BGBl) for carriage pursuant to Section 1 (1) (1) Z 5. No 253/1957.

6.

Vehicle is:

a)

in the case of carriage pursuant to Article 1 (1) (1) (1): a motor vehicle intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h, and trailers of such vehicles, with the exception of:

-

Rail vehicles,

-

mobile machinery and equipment, and

-

agricultural and forestry tractors and tractors, provided that they do not travel at a speed of more than 40 km/h when they carry dangerous goods;

b)

in the case of carriage pursuant to Article 1 (1) (2) (2): a rail vehicle for the carriage of passengers, luggage and goods;

c)

for carriage in accordance with § 1 (1) (3) (3): a vehicle according to § 2 Z 1 of the SchFG with the exception of ferries which only cross inland waterways or inland ports;

d)

for carriage pursuant to Article 1 (1) (1) (4): a cargo ship in accordance with § 2 Z 4 of the SeeSchFG;

e)

for carriage pursuant to § 1 para. 1 Z 5: an aircraft according to § 11 LFG.

7.

Company is:

a)

any natural or legal person with or without a profit-making purpose,

b)

any association or association of persons without legal personality, with or without profit or profit, and

c)

each State institution, whether it has its own legal personality or is dependent on a public authority with legal personality,

the dangerous goods are transported, loaded, loaded or transported, as well as those which collect, package, receive or temporarily store dangerous goods in the course of a transport activity.

8.

Terminal is a point of intersection of combined transport,

a)

in which the handling of vehicles or containers is carried out and

b)

which is also used for storage, and

c)

which, in some cases, also has facilities for repair and maintenance work.

9.

Armed forces are the Bundesheer as well as foreign armed forces, which are in the federal territory with the consent of the Republic of Austria.

10.

MEGC is a gas container with several elements.

(2) For persons involved in the meaning of this Federal Act, the following definitions shall apply:

1.

Carrier shall be the undertaking carrying out the carriage with or without a contract of carriage.

2.

The sender is the company that sends dangerous goods for or for a third party. If the transport is carried out on the basis of a contract of carriage, the sender shall be deemed to be the sender in accordance with this contract

3.

Packer is the company that fills the dangerous goods in packaging, including large packaging and bulk packaging (IBC) and, if necessary, prepares the shipment items for transport.

4.

Bottler is the company that supplies dangerous goods to a tank (tanker, tank wagon, mounting tank, wagon with removable tanks, transportable tank or tank container), in cargo tanks (tanker), into a battery vehicle, a battery car or MEGC or in bulk in a vehicle, a container or bulk goods container.

5.

The operator of a tank container, a transportable tank or a tank wagon is the company on whose name the tank container, the mobile tank or the tank wagon is set or otherwise approved for circulation.

6.

Shipper is the company that

a)

Packaged dangerous goods, small containers or transportable tanks in or on a vehicle according to paragraph 1 Z 6 lit. a to d or a container, or

b)

a container, bulk material container, MEGC, tank container or transportable tank on a vehicle according to paragraph 1 Z 6 lit. a to d loads or

c)

a vehicle referred to in paragraph 1 Z 6 lit. a or b on a vehicle referred to in paragraph 1 Z 6 lit. c or d loads.

7.

Handling agent is a company which, on behalf of the carrier in the civil aviation sector, carries out some or all of its tasks, including the acceptance, loading and unloading, transfer or other Handling services for passengers or freight.

8.

The recipient is the recipient in accordance with the transport contract. If the recipient refers to a third party in accordance with the provisions applicable to the contract of carriage, it shall be deemed to be a recipient. If carriage is carried out without a contract of carriage, the recipient shall be the undertaking which shall take over the dangerous goods upon arrival.

9.

Relieder is the company that

a)

a container, bulk material container, MEGC, tank container or transportable tank from a vehicle according to paragraph 1 Z 6 lit. a to d, or

b)

packaged dangerous goods, small containers or transportable tanks, or from a vehicle as defined in paragraph 1 Z 6 lit. a to d or container unloads or

c)

dangerous goods from a tank (tanker, tank wagon, attachment tank, removable tank, transportable tank or tank container) or loading tank or from a battery-powered vehicle, battery car, MEMU or MEGC or in bulk from a vehicle, Container or bulk bulk container emptied or

d)

a vehicle referred to in paragraph 1 Z 6 lit. a or b of a vehicle in accordance with paragraph 1 Z 6 lit. c or d depart. "

8. The title of the second section is:

" 2. Section

packaging, containers and tanks;
Authorisations for radioactive substances;
Vehicles "

9. In § 5 para. 3, second sentence, "(§ 26)" by "(§ 36)" replaced.

10. In § 6 Z 1 "(§ 3 Z 9)" by "(§ 3 (1) (5))" replaced.

11. The title of the 3. Section is:

" 3. Section

Obligations of interested parties,
Authorisation, exceptions, supplementary general rules,
Dangerous goods commissioner, reporting of events, backup "

Section 7 (2) reads as follows:

" (2) In the context of paragraph 1, the carrier shall, in particular, have the same in sections 4. to 8. the obligations of the carrier. "

13. § 7 (3) Z 3 to 5 are:

" 3.

only packaging, large packaging, bulk packaging (IBC) and tanks (tankers, tank wagons, tankers, battery vehicles, battery cars, fuel tanks, vehicles with removable tanks, transportable tanks, tank containers or MEGC) to be used, the carriage of the goods in question is authorised and appropriate and is accompanied by the markings prescribed in the provisions under section 2;

4.

to comply with the rules on the mode of dispatch and the restrictions on the handling of goods; and

5.

to ensure that even uncleaned and non-degassed empty tanks (tank vehicles, tank cars, battery vehicles, battery cars, fuel tanks, vehicles with removable tanks, transportable tanks, tank containers, or MEGC) or uncleaned empty tanks Vehicles or containers for goods in bulk are marked and instigated, and that uncleaned empty tanks are as closed and impermeable as they are in the filled state. "

14. § 7 (6) Z 1 reads:

" 1.

Must ensure, before filling, that the vehicles and containers for dangerous goods in bulk, as well as the tanks and their respective equipment, are in a technically sound condition; "

Section 7 (6) Z 2 reads as follows:

" 2.

shall ensure that the date of the next inspection is not exceeded in the case of tanker vehicles, tank wagons, battery vehicles, battery cars, fuel tanks, vehicles with removable tanks, transportable tanks, tank containers and MEGC; "

16. § 7 (6) Z 3 reads:

" 3.

Vehicles and containers for dangerous goods in bulk and tanks may be filled only with the dangerous goods authorised for such storage; "

17. In § 7 (6) the word shall be deleted at the end of Z 7. "and", at the end of the Z 8, the point shall be replaced by a dash and the word "and" .

18. In Section 7 (6), a Z 9 is added at the end:

" 9.

in the filling of vehicles or containers with dangerous goods in bulk, shall ensure compliance with those provisions which govern this mode of transport in particular, in accordance with Article 2. "

19. § 7 (9) reads:

" (9) The consignee may not delay the acceptance of the good without compelling reason and has to verify whether the provisions relating to him are complied with in accordance with the provisions of § 2. A vehicle according to § 3 (1) Z 6 lit. b or container may not be returned or re-used until the above-mentioned provisions have been complied with. If the recipient uses the services of other interested parties (unloading, cleaner, detoxication site, etc.), it shall take appropriate measures to ensure that these rules are complied with. "

20. § 7 (10) reads:

" (10) In the context of paragraph 1, the discharge shall, in particular, be subject to the discharge, discharge and discharge of the discharge, in particular:

1.

ensure, by comparing the relevant information in the transport document with the information on the dispatch, container, tank, MEMU, MEGC or vehicle, that the right goods are unloaded;

2.

before and during unloading, to check whether the packaging, the tank, the vehicle or the container have been damaged to such an extent that there is a risk to the unloading process. In such a case, it shall ensure that the discharge is not carried out until appropriate measures have been taken;

3.

comply with all applicable requirements for unloading;

4.

immediately after discharge of the tank, vehicle or container

a)

remove any hazardous residues which have been taken up on the outside of the tank, vehicle or container during the unloading process;

b)

ensure the closure of the valves and the inspection openings;

c)

to ensure that the prescribed cleaning and detoxification of vehicles or containers is carried out; and

5.

ensure that in the case of fully discharged, cleaned and detoxified vehicles according to § 3 paragraph 1 Z 6 lit. b or containers are no longer visible hazard markings.

If the discharge takes the services of other parties (cleaners, detoxifiers, etc.), it shall take appropriate measures to ensure that the provisions in accordance with § 2 have been complied with. "

21. § 10 together with headline reads:

" Supplementary general rules

§ 10. (1) Regulation may apply to the transport of dangerous goods

1.

confirms the classification of dangerous goods,

2.

the conditions of carriage,

3.

-recognition of construction, process or other regulations;

4.

enact supplementary or deviating provisions relating to the provisions under § 2, or

5.

in accordance with § 1 (1) (1) (1) to (3) or (3) (3) (2), in principle, the vehicles shall be subject to provisions of the relevant provisions or other appropriate security measures in accordance with § 2,

in so far as this is done in accordance with the provisions under § 2 and Directive 2008 /68/EC on the inland transport of dangerous goods, OJ L 206, 22.7.2008, p. No. OJ L 260 of 30.09.2008 p. 13, as last amended by Decision 2011 /26/EU, OJ L 327, 28.11.2011, p. No. 64, is admissible and is of additional importance in excess of individual cases. By way of derogation from section 35 (3), regulations on the carriage of dangerous goods by means of vehicles of the armed forces are to be carried out by the Federal Minister for National Defence and Sport in agreement with the Federal Minister for Transport, Innovation and Technology .

(2) The Federal Minister for Transport, Innovation and Technology is responsible for the conclusion of agreements on temporary derogations on the basis of the provisions to be taken into consideration in accordance with § 2 Z 1 to 3. Where such agreements are concluded by Austria, the deviations for the mode of transport concerned shall apply with regard to all transport operations carried out in the Austrian territory, including intra-State transport operations. "

22. § 11 together with the headline is:

" Safety Adviser (Dangerous Goods Officer)

§ 11. (1) undertakings whose activities carry out the transport of dangerous goods in accordance with the provisions of Article 2 (1) (1) to (3) or the filling or packaging of dangerous goods, and loading or unloading, with the exception of the Unloading at the final destination, shall include one or more qualified persons with their consent to designate the Dangerous Goods Transport (Hazardous Material Officer) as a safety adviser. This obligation shall not apply to undertakings whose activities relate to the transport of dangerous goods in quantities below that for the mode of transport concerned in 1.8.3.2 lit. a ADR or ADN or 1.8.3.2 lit. b RID of rejected limits. Within one month of the designation or modification of the name and date of birth of the relevant hazardous goods officers, the issuing State and the number of the competent authority, the companies shall be appointed by the Federal Minister for Transport, Innovation and Technology. To provide training proof, the beginning and, where appropriate, the end of their functional duration, as well as any restrictions on their task area. The Federal Minister for Transport, Innovation and Technology may only give information on these reports to companies and dangerous goods officers in their own affairs, as well as to the control and criminal authorities.

(2) Under the responsibility of the company management, the Dangerous Goods Officers must carry out the tasks specified in the relevant provisions in accordance with § 2. Unless otherwise specified, annual and accident reports from the Authority shall be submitted only at their request.

(3) The Management Board is obliged to assist the Dangerous Goods Officers in the performance of their duties, to provide them with sufficient time during working hours and to provide them with the necessary tools and equipment. To provide training opportunities. The more detailed information on training, the cost of training, the granting of leisure time in the form of payment of the salary and other support measures for the company's internal security officer are regulated by regulation.

(4) Dangerous Goods Officers must be the holder of a training certificate valid for the transport carrier or carriers concerned in accordance with the provisions of § 2. A training course must be completed in order to obtain proof of proof, after which the knowledge required for the performance of their tasks shall be carried out by passing an examination on the subject areas provided for in Article 2 of this Regulation. can be detected.

(5) The proof shall be valid for a period of five years. It shall be automatically renewed for five years each time the holder of the proof of validity has taken part in a training course and has passed an examination in the last year of validity.

(6) Training courses for Dangerous Goods Officers may only be held in Austria by training organisers recognised by means of communication. The Landeshauptmann has to decide on the application for recognition, in whose local area of activity premises for the implementation of the training courses are located. If the premises are also within the scope of action by other country main men, their opinion shall be obtained. The Landeshauptmann, who has issued the notification of recognition, has to decide on applications for change of recognition, via appointments of the Federal Ministers for Transport, Innovation and Technology. If the application is made by a natural person, it must be the 24. Have completed and be trustworthy. In the case of legal persons, those persons who have a decisive influence on the operation of the business must be trustworthy. The recognition entitles the organizer to carry out the courses referred to in the communication and their combination. The recognition shall be revoked if the conditions for grant are no longer fulfilled. Administrative charges in the following amount are to be paid:

1.

for the notification of recognition

EUR 581 and

2.

for a communication on the change in recognition

145 Euro.

(7) In the case of training organisers in the field of the Bundesheers and the army administration, in which only members of the active and militia stand in accordance with the provisions of the provisions applicable pursuant to § 2 Z 1, 2 and 3 concerning the Training of the Dangerous Goods Officers shall not be recognised in accordance with paragraph 6. Certificates issued by these training organisers shall retain their validity up to the expiry date even if the holders of such certificates are in the active and military status of the said certificates during the period between the date of the date of the certificate and the date of expiry of the certificate. Institutions. An extension of the validity may, however, only be made by authorized persons in accordance with paragraph 6.

(8) In the case of training events organised by the Federal Ministry of the Interior, in which bodies of the public security service are responsible, in accordance with the provisions of the provisions concerning the training of the public security service in accordance with § 2 (1), (2) and (3 If a hazardous goods officer is trained, there is no need for recognition in accordance with paragraph 6. Certificates issued by this training organiser shall retain their validity up to the expiry date even if their holders leave the active status in the period between the date of issuance and the expiry date of the certificate. However, an extension of the validity may only be made by authorized persons in accordance with paragraph 6. "

23. § 12 together with the title is:

" Notification of incidents involving dangerous goods

§ 12. (1) In accordance with Article 2 (1) (1) to (4), the provisions in question shall provide information on events involving dangerous goods to the competent authority, which shall be addressed to the Federal Ministry of Transport, Innovation and Technology.

(2) In the case of the provisions referred to in § 2 Z 5, the events in question shall be reported to Austro Control GmbH. The provisions of § 136 LFG shall apply to these reports. "

24. § 12b is given the name "§ 12a" .

25. § 12a (4) reads:

"(4) Each member of the crew of a vehicle or train carrying dangerous goods shall carry a photo identification document in such a way as to provide for the relevant provisions in accordance with § 2 during the transport operation."

26. § 12a para. 6, first and second sentence reads:

" The submissions of persons involved in the transport of dangerous goods, as provided for in Article 2 of this Regulation, and the records of such persons, shall also contain elements of awareness-raising. in relation to the fuse. These parts of the instruction shall relate to the nature of the risks to the security, its detection and the procedures for reducing these risks, as well as the measures to be taken in the event of an impairment of the security, as well as knowledge of: (b) provide for possible safety plans in line with the work and responsibility of the individual and the role of the individual in the implementation of these plans. "

27. § 12a (8), first sentence reads:

"Dangerous goods with a high risk of danger, as well as the vehicles and trains with which they are carried, must be protected by operational or technical measures against improper use."

28. The wording of Section 12a (9) shall not apply to the words "as well as the provision in section 11 (3) Z 13" .

Section 13 (1a) Z 2 reads as follows:

" 2.

ensure that all the information required by the ADR on the goods to be transported has been made available by the shipper prior to carriage, that the required documents are carried in the transport unit or, if, instead of the paper documentation, use is made of working methods of electronic data processing (EDP) or of electronic data exchange (EDI), which are available during transport in a way that is available to the paper documentation is at least equivalent; "

30. In Section 13 (1a) Z 4, the phrase "Gas containers with multiple elements (MEGC)" by the expression "MEGC" replaced.

31. In Section 13 (2), the word in Z 1 shall be: "instructed" by "informed" and in Z 3 the word "hiefür" by the expression "pursuant to § 2 Z 1" replaced.

32. § 14 (7), first sentence reads:

" (7) In the case of training events of the Federal Ministry of the Interior, in which those of its staff who require this training to fulfil their duties, in accordance with the provisions of the provisions of § 2 Z 1 Provisions relating to the special training of the handlebars shall not be recognised in accordance with paragraph 3. "

33. In § 16 para. 1 Z 2 and 3 becomes "§ 27 (4)" by "§ 37 (4)" replaced.

34. In § 20 (3) "§ 25" by "§ 35" and "§ 18" by "§ 17" replaced.

35. In § 22 (1) Z 2 "§ 27" by "§ 37" replaced.

36. § 23 para. 2, first and second sentence reads:

" (2) In the context of Article 7 (1), the carrier shall, in particular, provide the train driver with the written instructions to inform him of the arrival of the loaded dangerous goods before starting the journey and to ensure that the competent authority is responsible for: in accordance with the provisions of Article 2 (2) (2) (2) (2) of the Directive on the carriage of personnel in respect of their obligations, the characteristics of the rail transport and the behaviour in the event of an accident or incident, , and has been instructed to do so. In addition, the carrier who takes over the dangerous goods at the place of departure has, in the context of § 7 (1), by representative samples, in particular

1.

to check whether the dangerous goods to be transported are authorised for carriage in accordance with the requirements under Article 2 (2) (2) (2) of the Treaty;

2.

ensure that all the information required by the RID on the goods to be transported has been made available by the sender prior to carriage, that the required documents are attached to the transport document or, if: be used instead of the paper documentation working methods of electronic data processing (EDP) or the electronic data exchange (EDI), which are available during transport in a way that is available to the paper documentation is at least equivalent;

3.

ensure, by means of a visual inspection, that the vehicles and the cargo do not have any obvious defects, in particular any leaks or cracks, which are contrary to the provisions of section 2 (2) (2) (2), and that there is no proof that the vehicle and the load are not in conformity with the requirements of Equipment parts are missing;

4.

ensure that the date of the next inspection is not exceeded in the case of tank wagons, battery cars, vehicles with removable tanks, transportable tanks, tank containers and MEGC;

5.

to check that the vehicles are not overloaded;

6.

ensure that the hazard markings prescribed for the vehicles are appropriate, and

7.

ensure that the equipment required by the written instructions is carried on the driver's stand. "

37. In § 24, the "Pattern 1, 1.5 or 1.6," the phrase "as well as labels to be applied with large-scale sheets for substances hazardous to the environment" inserted.

38. § 24a receives the title "§ 25" .

39. § 25 (1) (2) and (3) read as follows:

" 2.

ensure that all information required by the ADN on the goods to be transported has been made available by the sender prior to carriage, that the required documents are carried on board the vehicle or, if: be used instead of the paper documentation working methods of electronic data processing (EDP) or the electronic data exchange (EDI), which are available during transport in a way that is available to the paper documentation is at least equivalent;

3.

ensure, by means of a visual inspection, that the cargoes do not have any obvious defects, in particular leaks or cracks, which are contrary to the provisions of section 2 (3) of the Directive, and that no equipment is available missing; "

40. In § 25 (1) Z 5 "Markings" by "Labels" replaced.

41. In § 25 (1) Z 6, the word sequence shall be at the beginning "to hand over written instructions to the ship's guide and" inserted.

Section 25 (1) last sentence reads as follows:

"However, in the cases of Z 1 and 2, the carrier may rely on the information and data made available to it by other parties."

43. In § 25 (2) "§ 3 Z 2" by "§ 3 para. 2 Z 2" replaced.

44. § 25 (3) to (8) reads:

" (3) Without prejudice to the obligations arising from him pursuant to Section 7 (6), the filler of cargo tanks shall be:

1.

before filling the cargo tanks of a tanker, properly fill its part of the test list in accordance with the requirements under § 2 (3) (3) of the Regulation;

2.

to fill loading tanks only with the dangerous goods authorised for these tanks;

3.

in the case of the transport of substances having a melting point ≥ 0 ° C, if necessary, to give a heating instruction;

4.

Ensure that when loading the limit indicators for the triggering of the overflow backup, the current loop passed and fed by the land installation interrupts and that it carries out measures against overrun;

5.

ensure that appropriate means are available in the area of the forage and the back of the ship in order to leave the ship in emergency situations;

6.

ensure that, in the gas recirculation or gas pipeline, where this is necessary in accordance with the requirements of section 2 (3) of the Treaty, there is a flame-throughgoing safeguard against detonation and detonation; and to protect flame-throughs from land;

7.

ensure that the loading rate is in accordance with the loading installation in accordance with the requirements under § 2 Z 3 and that the pressure at the transfer point of the gas recirculation or gas discharge line is the opening pressure of the High-speed valve does not exceed;

8.

ensure that the seals made available by the vessel between the connecting flanges of the ship-land connection of the loading and unloading lines are made of building materials which are not attacked by the cargo or which are not destroyed by the can cause charge or a harmful or dangerous reaction with the charge, and

9.

ensure that continuous and appropriate monitoring is ensured for the entire duration of the damage or erasure.

(4) Without prejudice to the obligations arising from him pursuant to Article 7 (6), the filling of ships with dangerous goods in bulk shall ensure that appropriate means are available in the area of the pre- and the back-ship to the ship even in emergencies.

(5) Without prejudice to the obligations of the shipper pursuant to section 7 (8), the shipper shall ensure that appropriate means are available in the area of the forage and the back of the ship in order to leave the ship even in emergencies.

(6) Without prejudice to the obligations arising from him pursuant to § 7 (9), the recipient shall:

1.

carry out the required cleaning and detoxification of vessels in the cases provided for in ADN;

2.

to ensure that appropriate means are available in the area of the back and back of the ship in order to leave the ship in emergencies, including in case of emergency.

(7) Without prejudice to the obligations under Article 7 (10), the unloading of cargo tanks shall be:

1.

to complete, before unloading, its part of the test list provided for in the ADN;

2.

ensure that appropriate means are available in the area of the forage and the back of the ship to leave the ship in emergencies;

3.

ensure that, when required in accordance with ADN, the gas-return or gas-supply line is provided with a flame-throughstop which protects the ship against detonation and flame-throughs from land;

4.

ensure that the loading rate is in accordance with the loading installation and that the pressure at the point of transfer of the gas return or gas discharge line does not exceed the opening pressure of the high speed valve;

5.

ensure that the seals made available by it between the connecting flanges of the ship-to-land connection of the loading and unloading lines are made of materials which are not attacked by the cargo or which are disassembled the charge or a harmful or dangerous reaction with the cargo may be caused;

6.

ensure that continuous and appropriate monitoring is ensured for the entire duration of the deletion;

7.

Ensure that when erasure using the onboard extinguishing pump, it can be switched off from the land installation.

(8) Without prejudice to the obligations under Article 7 (10), the discharge of ships with dangerous goods in bulk shall ensure that appropriate means are available in the area of the pre-ship and the back of the ship to ship the ship in emergencies. "

45. According to § 25, the following § § 26 to 30 shall be inserted together with the headings:

" Training of knowledgeable people

§ 26. (1) In so far as this is necessary on the basis of the provisions under § 2 (3) (3), a specially trained expert must be on board ships carrying dangerous goods. The type, duration, scope and content of the special training and the certificate issued on the successful completion of such training must comply with the relevant provisions in accordance with § 2 Z 3. The details of the training, the recognition of training, the carrying out of costs, the granting of leisure time in the form of payment of the salary and other support for the special training are governed by a regulation.

(2) The Federal Minister for Transport, Innovation and Technology has to issue a certificate in accordance with paragraph 1 to all those who have successfully participated in a course recognised in accordance with paragraph 3 of this Article. These certificates shall include a list of at least the following data:

1.

the data contained in the certificates of special knowledge of the ADN;

2.

the delivery address of the holder of the certificate,

3.

an indication as to whether the certificate has been renewed on the basis of a repeat training.

(3) The training may only be carried out within the framework of courses recognized by means of communication. The Federal Minister of Transport, Innovation and Technology has to decide on the application for recognition. If the application is made by a natural person, it must be the 24. Have completed and be trustworthy. In the case of legal persons, those persons who have a decisive influence on the operation of the business must be trustworthy.

(4) The recognition in accordance with paragraph 3 shall be granted if the applicant complies with the conditions of the provisions under § 2 Z 3.

(5) The recognition in accordance with paragraph 3 shall be revoked if the conditions for grant are no longer fulfilled.

(6) Administrative levies shall be payable for the purposes of paragraph 3 in the following amount:

1.

for the notification of recognition .............................................. 290 Euro and

2.

for the communication on the change of recognition .............. 72 Euro.

Controls on waterways

§ 27. (1) The institutions pursuant to Section 38 (2) of the Shipping Act may at any time check on a vehicle with which dangerous goods are transported on waterways, whether the admissibility of the carriage within the meaning of this Federal Law is given. Experts may also be consulted on this control.

(2) The checks referred to in paragraph 1 shall be carried out in the extent necessary for the monitoring of a representative share of the transport of dangerous goods.

(3) The checks shall be carried out in the sampling procedure and shall, as far as possible, cover an extensive part of the waterway network.

(4) The controls shall be carried out on the basis of the control list in accordance with the provisions under Article 2 (3) (3). In doing so, it must be avoided that the vehicles will be shut down or stopped for a long period of time. Controls according to § 38 (1) (1) (1) of the Maritime Law remain unaffected.

(5) The parties involved in the transport of dangerous goods shall, within the limits of their respective obligations, immediately provide the information necessary for the carrying out of the checks.

(6) In particular, at the request of the institutions referred to in paragraph 1, the ship ' s guide shall issue to them the accompanying documents and equipment required in accordance with Article 2 (3) (3) for the purpose of checking and, if so, to: The examination referred to in paragraph 1 shall be required to make parts and equipment of the vehicles accessible in the simplest possible way without endangering persons. If this is necessary for an examination within the meaning of paragraph 1, without endangering persons, property or the environment, and in accordance with the provisions under section 2 (3) of this Article, the institutions referred to in paragraph 1 shall, at the request of the institutions, be the right to to make the necessary quantities or parts of transported substances available without entitlement to compensation.

(7) A copy of the control list referred to in paragraph 4 shall be handed out to the skipper after the control has been carried out. This copy shall be carried by the guide of the ship during the further transport to the end of the carriage and shall be provided at the request of further checks in the course of such carriage.

(8) As soon as it is established that the transport of dangerous goods has already been carried out in the territory of the European Economic Area, further checks may be carried out only if the body of the ship ' s office has reason to adopt , there is a substantial change in the facts to be examined since the last inspection. In the case of priority checks on the transport of dangerous goods, it is possible to check again in any case.

(9) Within the framework of official supervision in accordance with § 47 Mineral Oil Tax Act 1995 and § 86 of the Alcohol Tax Act in conjunction with § 18 of the German Customs Law Implementing Act, in the case of excise goods which are at the same time dangerous goods, except for the , checks carried out and carried out during the transport of excise duties shall also be carried out on the basis of checks on dangerous goods. In the case of such checks, the customs authorities responsible for excise duty shall be supported by the competent bodies referred to in paragraph 1.

Arrangement of interruption of transport

§ 28. (1) Vehicles in which one or more violations of the provisions under § 2 Z 3 have been established may be stopped at a place designated by the institutions in accordance with Section 38 (2) of the Maritime Law. The journey must not be continued until the regulations are met. Depending on the circumstances or safety requirements, other appropriate measures may also be taken.

(2) In the event of a risk of default, the institutions referred to in paragraph 1 shall have the nearest civil service authority, with the notification of the information available and the other information necessary for the initiation of the necessary civil control measures. to be notified without delay. In so far as this is necessary, the institutions referred to in paragraph 1 shall, where appropriate by drawing up experts, take the preventive security measures necessary to prevent the risk to persons, property and the environment.

(3) The suspension of the interruption shall be set aside from the information available or from the findings of experts that the continuation of carriage is essential in order to avoid danger. However, in the case of further transport, the necessary precautions must be taken or ordered by the institutions referred to in paragraph 1. The repeal may only be imposed on the condition that these precautions are complied with. The ship's guide and the other persons on board shall comply with these precautionary measures and comply with the instructions to the extent to which they relate to their duties.

Controls in companies

§ 29. (1) In addition to the measures referred to in § 27, checks can also be carried out in the companies, either preventive or if travelling on the road, which endanger the safety of the transport of dangerous goods.

(2) These checks are intended to ensure that the transport of dangerous goods on waterways is carried out under safety conditions which comply with the requirements under section 2 (3) of the Treaty.

(3) These checks are authorised by the competent authorities in accordance with Section 35. These can

1.

prohibit the abandoners of the undertaking from leaving the undertaking until such time as they have been placed in a proper state, or

2.

other appropriate measures.

§ § 27 and 28 shall apply mutadenly for these subsaiings and other measures.

Mutual assistance

§ 30. (1) The authorities shall provide assistance in the implementation of the checks.

(2) The Federal Minister for Transport, Innovation and Technology shall have serious or repeated infringements of the provisions under Article 2 (3) of the Treaty to the competent authorities of the Member State of the European Economic Area, or to report to the ADN in which the vehicle is registered or where the company has its registered office. The Federal Minister of Transport, Innovation and Technology has requested measures to be taken by the authorities of the Member States of the European Economic Area and the contracting parties of the ADN to the authorisation holder of an Austrian-approved A vehicle with which, in one of these States, transgressions have been set in accordance with the provisions under Article 2 (3), or in respect of a company established in Austria, and other domestic authorities whose Competence shall be affected, shall be transmitted and the requesting authorities shall be responsible for the Measures to be notified.

(3) If there is reason to believe that there are serious or repeated infringements which cannot be detected in the course of this control, because the necessary information is missing, the competent authorities of the Member States shall grant the necessary information to the competent authorities of the concerned Member States of the European Economic Area and of the Parties to the ADN shall assist each other in clarifying the case. '

46. § 24b is given the name "§ 31" .

47. According to the unchanged heading of the 8. Section 32 and heading shall be inserted as follows:

" Special duties of interested parties

§ 32. (1) The sender and the packer of dangerous goods for transport in the air transport sector, and undertakings which do not accept dangerous goods for carriage by air within the framework of an air transport operator, shall be entitled to do so only to staff , which shall be designed in accordance with the requirements of § 2 Z 5 and § 33 and shall be provided with the information required. They shall keep records of the responsibilities of the persons concerned and of the training sessions and the dates of the next training. These records shall be kept for at least five years.

(2) Without prejudice to the obligations under Article 7 (3) of this Directive, the consignor may only hand over dangerous goods for carriage in the air transport sector if, in the case of the use of repackaging, loading units and packaging, the special goods shall not be used. Requirements are met.

(3) The carrier shall carry out an acceptance check within 6 hours of the transfer of the dangerous goods for transport.

(4) In the context of Article 7 (1), the carrier, which carries dangerous goods without an aircraft operator's certificate by means of an aeroplane or helicopter, shall, in particular, comply with the obligations laid down in Section R of Regulation (EEC) No 3922/91. Harmonisation of technical requirements and administrative procedures in the field of civil aviation, OJ C 139, 30.4.2004, p. No. 4), as last amended by Regulation (EC) No 859/2008, OJ L 327, 31.12.2008, p. No. 1, the operator of an aeroplane and the operator of an aircraft. This exemption shall be exempt from the obligation to permit OPS 1.1155 and the mandatory use of the English language in accordance with OPS 1.1195 lit. a Z 3.

(5) Air carriers which do not carry dangerous goods as cargo have to comply with the training, information and procedural requirements under § 2 Z 5, which are intended to ensure that this circumstance is secured.

(6) In so far as a handling agent takes over the activities of the carrier or an air carrier in accordance with paragraph 5 under his own responsibility, he shall enter into the duties of the carrier and shall comply with it. The official approval of his Dangerous Goods Training Programme is not required. "

48. § 24c acquires the name "§ 33" .

49. § 33 (1) reads:

" (1) In accordance with Article 2 (2) (5) of this Regulation, the provisions of Article 2 (2) (5) shall provide for a special training of the personnel of those involved in the transport of dangerous goods, such staff may be

1.

staff of the air carriers and the carriers for which this is required in accordance with Article 32 (4); and

2.

Staff of categories 1, 3 and 6 of the other parties

are only carried out in the course of courses which have been approved by the Austro Control GmbH. Training for which this recognition is not required may only be carried out by those persons who themselves have a valid training of the person category 6. The more detailed information on training, in particular the recognition of training courses, qualification of teaching staff, cost support, granting of leisure time under the payment of the salary and other support for the special Training is regulated by regulation. "

§ 34 and headline is:

" Control; notification and investigation of events

§ 34. (1) Carriers of dangerous goods within the scope of civil aviation and their handling agents shall be subject to supervision by Austro Control GmbH. The same applies to air carriers that do not carry dangerous goods as cargo, as well as their handling agents in respect of their obligations pursuant to § 32 (5).

(2) Particularly trained and authorized bodies of the Austro Control GmbH have this supervision by announced or unannounced checks of the shipping items, documents, aircraft and activities as well as systematic, pre-announced audits performing. In addition to the conditions and procedures laid down by the ICAO-TI supplement for the activities of the control bodies, account should also be taken, where appropriate, of those arising from other air travel rights applicable to the checks in question. Provisions are laid down. The inspection bodies shall be informed of any necessary information and shall be granted access to all premises, facilities and vehicles. Upon request, they shall be issued with an ID according to § 141a LFG. Experts can also be consulted on the controls. These and the control bodies may, where necessary for an examination, be able to open packaging without endangering persons, property and the environment and, in accordance with the provisions of section 2 (5) of this Directive, open packaging and require that: the quantities or parts of the substances which are necessary for this purpose shall be made available without any claim for compensation.

(3) Where, within the framework of a control, defects are identified which may endanger the safety of an aircraft or its occupants, the inspection bodies shall prohibit the carriage until the deficiencies have been remedied. The same applies to the period in which there is an urgent suspicion that such defects are present. The provisions of Section 171 (2) to (4) of the LFG shall apply to any subject of subsatiation.

(4) In the event of a risk of delay, the control bodies shall, without delay, inform the next civil service institution, with the notification of the information available, and of the other information necessary for the initiation of the necessary civil action measures. . In so far as it is necessary to do so, the control bodies shall take the preventive security measures necessary to prevent the risk to persons, property and the environment from being used by experts, at best.

(5) The same powers shall be conferred on the control bodies in relation to packers and senders. These are to be controlled

1.

where there is a suspicion that the deficiencies identified are due to them, and

2.

in respect of their obligations pursuant to Section 32 (1).

(6) In accordance with the ICAO-TI supplement, Austro Control GmbH has to notify and investigate accidents and other events with dangerous goods as well as to report on it. It has to inform the competent air traffic control authority of these and infringements which have led to a failure to carry on the transport. Is it probable or known that dangerous goods have resulted in an accident or serious disturbance, which are the criteria laid down in Regulation (EU) No 996/2010 on the investigation and prevention of accidents in civil aviation and on the prevention of accidents in civil aviation; Repeal of Directive 94 /56/EC, OJ L 94, 22.4. No. OJ L 295, 12.11.2010, p. 35, Austro Control GmbH does not need to carry out these tasks in so far as they are to be carried out by the Federal accident investigation agency. "

51. § 25 receives the name "§ 35"; in paragraph 1 thereof, "§ 27" by "§ 37" (twice), "(§ 3 Z 9)" by "(§ 3 (1) (5))" and "§ 1 (1) (2) to (5)" by "§ 1 (1) (2) to (6)" replaced.

52. § 26 shall be replaced by the name "§ 36"; A paragraph 5 is added to the end of the latter:

" (5) The Federal Minister for Transport, Innovation and Technology has to list and publish on his website, the names and addresses of the relevant verifiers and the names and addresses of the relevant verifiers, as assigned in accordance with paragraphs 2 and 4 of this article, and Experts can be seen. "

53. § 27 receives the name "§ 37" .

54. In § 37, paragraph 1, in Z 3 "special training" by "Training of knowledgeable people" and "Section 24b (1)" by "§ 26 (1)" as well as in Z 4 "§ 24c (1)" by "§ 31 (1)" replaced.

55. § 37 (1) a Z 5 is added:

" 5.

Training courses for special training pursuant to § 33 (1), without the latter being recognised by the Authority, "

56. In § 37 (2) (1) (1) "§ 23 (1)" "or § 32 (1) or (2)" inserted.

57. In § 37 (2) (3) (3), the "§ 7 (5)" "or § 32 (1)" inserted.

58. In § 37 sec. 2 Z 4 becomes "§ 24a (3)" by "§ 25 (3) or (4)" and the phrase "Multi-Element Gas Container (MEGC)" by the expression "MEGC" replaced.

59. In § 37 (2) Z 6 "§ 24a (4)" by "§ 25 (5)" replaced; the phrase "or hands over" No.

60. In § 37 para. 2 Z 7 becomes "§ 24a (5)" by "§ 25 (6)" replaced.

61. In § 37 paragraph 2 Z 8 becomes "§ 24a (1)" through the phrase "§ 25 para. 1 or § 32 para. 1, 3 or 4" replaced.

62. In Section 37 (2), at the end of the Z 9, the following shall be replaced by: "or" , and a Z 10 and Z 11 are added:

" 10.

Contrary to § 7 (10) or § 25 (7) or (8), the discharge shall be unloaded or emptied or container, bulk container, MEGC, tank container, transportable tanks or vehicles shall be discharged or

11.

as a handling agent, contrary to § 32 (1) and (6), carrying out activities of the carrier, "

63. In § 37, paragraph 2, in lit. (a), (b) and (c) "pursuant to § 15a" through the phrase "according to the criteria of § 15a" replaced.

64. In § 37 (3) (1) (1) "§ 11 (5)" by "§ 11 (4)" replaced.

65. In § 37 (3) Z 2 "§ 11 (2)" by "§ 11 (3)" replaced.

Section 37 (3) Z 4 reads as follows:

" 4.

Contrary to § 16 para. 2, first sentence, § 28 para. 1 or § 34 para. 3, a transport unit or a vehicle, with which dangerous goods are transported, takes or directs or continues the promotion, or "

67. In § 37 (3) Z 5, the following shall be: "§ 16 (4) last sentence" "or § 28 (3) last sentence" inserted.

68. In § 37 (3) Z 7 deleted "Z 1 to 4" .

69. § 37 (3) Z 9 reads:

" 9.

is contrary to any of the provisions referred to in § 2 of this Federal Law or of a Regulation issued pursuant to Z 8, "

70. § 37 (7) reads:

"(7) In the cases referred to in paragraph 2 (2) (8), the place of control shall be deemed to be the crime scene where the deficiencies which have been justified on the grounds of the alleged offence have been identified."

71. § 28 receives the title "§ 38 (1)".

72. § 38 a para. 2 is added:

" (2) With the entry into force of the GGBG novella 2011, BGBl. I No 35/2011 shall not enter into force:

The Regulation of the Federal Minister of Transport, Innovation and Technology on the Carriage of Dangerous Goods on Waterways (ADN Regulation), BGBl. II No 13/2005, as last amended by BGBl. II No 292/2009. '

73. § 29 shall be replaced by the name "§ 39" .

74. In § 39 (1) "§ 3 Z 8 lit. a" by "§ 3 para. 1 Z 6 lit. a" and "§ 3 Z 8 lit. b" by "§ 3 paragraph 1 Z 6 lit. b" replaced.

75. In § 39 (2) "§ 28" by "§ 38" replaced.

Article 39 (3) is deleted, paragraph 4 becomes paragraph 3.

77. § 30 shall be replaced by the name "§ 40" and it's headline:

" Enforcement

§ 40. With the enforcement of this federal law is entrusted:

1.

as regards Section 8 (6) of the Federal Minister of the Interior, in agreement with the Federal Minister for Transport, Innovation and Technology,

2.

as regards Section 10 (1) sentence 2 of the Federal Minister for National Defence and Sport, in agreement with the Federal Minister for Transport, Innovation and Technology,

3.

with regard to § § 21 and 22 of the Federal Minister of the Interior and

4.

in all other cases, the Federal Minister for Transport, Innovation and Technology. "

78. In accordance with § 40, the following § 41 shall be added together with the heading:

" Reference to Directives

§ 41. Through this federal law, Directives 95 /50/EC and 2008 /68/EC are transposed into Austrian law. "

Article 2

Notification of notification in accordance with Article 12 of Directive 98 /34/EC

This Act has been adopted in compliance with the provisions of Directive 98 /34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services, OJ L 206, 22.7.1998, p. No. OJ L 204, 21.7.1998 p. 37, as last amended by Directive 2006 /96/EC, OJ L 327, 30.12.2006, p. No. 81., notified under the notifying number 2010 /766/A.

Fischer

Faymann