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9. Federal Act to amend the Waste Management Act 2002 (AWG-Novelle 2010)

The National Council has decided:

The Waste Management Act 2002 (AWG 2002), BGBl. I n ° 102, as last amended by the Federal Law BGBl. I n ° 115/2009, shall be amended as follows:

1. The following entry is inserted in the table of contents for § 9a:

" § 9a.

Waste prevention programme "

2. In the table of contents the following entry is added to § 22d:

" § 22d.

General Duty Of Care "

3. In the table of contents the entries for § 24, § 25 and Annex 3 are deleted.

4. The following entry to § 24a is inserted in the table of contents:

" § 24a.

Permission for the collection and treatment of waste "

5. The following entry is added to § 25a in the table of contents:

" § 25a.

Provisions for the permit for the collection or treatment of waste "

6. In the table of contents the entry for § 26 is:

" § 26.

Managing Director of Waste Management, expert person, responsible person

7. In the table of contents, the following entry is added to § 71a:

" § 71a.

Pre-approval "

8. In the table of contents, the following entry is added to § 75a:

" § 75a.

Pilot projects "

9. In the table of contents, the entry is § 86:

§ 86.

Data entry point for compliance with EU or international reporting obligations "

10. In the table of contents, the entry is § 89:

" § 89.

Implementation of acts of the European Union "

11. In the content directory, the entry to Appendix 1 is:

" Annex 1

Examples of waste prevention measures "

12. In § 1, paragraph 2 is inserted and the following paragraph 2a is inserted:

" (2) This federal law is based on the following hierarchy:

1.		Prevention of waste;
2.		preparation for re-use;
3.		recycling;
4.		other recovery, for energy recovery;
5.		Disposal.

(2a) In the case of the hierarchy referred to in paragraph 2, the following shall apply:

1.		Whereas it is necessary to take account of the ecological expediency and technical feasibility and the fact that the resulting additional costs are not disproportionate in relation to other waste treatment methods and that a market for the substances obtained is not disproportionate; or the energy obtained is available or can be created.
2.		A derogation from this hierarchy shall be permitted if there is a total liability in respect of the total impact on the production and use of a product and of the collection and treatment of the following waste. certain waste streams, taking into account Z 1, shows that another option provides the best result from the point of view of environmental protection.
3.		Waste which is not usable shall be treated, depending on its nature, by biological, thermal, chemical or physical processes. Solid residues are to be stored in an appropriate way.
4.		The management of waste management must be carried out in such a way as to achieve European Union legal targets, in particular with regard to recycling. "

13. § 1 (3) Z 2 reads:

" 2.		Hazards for water, air, soil, animals or plants and their natural living conditions can be caused, "

14. In § 1 para. 3 Z 9, after the word order "Location and landscape" the phrase "as well as cultural goods" inserted.

(15) The following paragraph 4 is added to § 1:

" (4) For waste which is disposed of in treatment plants, the self-sufficiency and disposal of waste are to be sought in one of the most appropriate facilities located in the nearest plant. This also applies to treatment facilities for the recovery of mixed municipal waste collected by private households, even if the waste collected from other producers is collected. "

16. In § 2 (1), the word sequence shall be deleted "which fall under the groups listed in Annex 1 and" .

17. In § 2, the following paragraph 3a is inserted after paragraph 3:

" (3a) A substance or object which is the result of a manufacturing process whose principal objective is not the manufacture of that substance or subject matter may be considered as a by-product and not as waste only if the following conditions are met: are fulfilled:

1.		it is certain that the substance or object will continue to be used;
2.		the substance or object may be used directly without further processing, which goes beyond the normal industrial processes;
3.		the substance or object is produced as an integral part of a manufacturing process and
4.		further use is permissible, in particular the substance or object is harmless for the intended purpose of use, no protection goods (cf. § 1 para. 3) are affected by the use and all of them are relevant legislation. '

18. In § 2 (4) (2) (2), the phrase " Art. 1 of Directive 75 /442/EEC on waste, OJ L 73, 27.2.1975. No. L 194 of 25 07. 39, as amended by Directive 91 /156/EEC, OJ L 327, 31.12.1991, p. No. OJ No L 78, 26. 03. 32 and Decision 96 /350/EC OJ L 175, 5.7.1996, p. No. OJ No L 135, 06. 06. 1996 p. 32 " through the phrase " Art. 7 of Directive 2008 /98/EC on waste, OJ L 393, 30.4.2008 No. OJ No L 312, 22. 11. 2008 S 3 corrected by OJ No. OJ No L 127, 26. 5. 2009 S 24 " replaced.

19. In § 2 (4), the following sentence is added to Z 2:

"Mixed settlement waste within the meaning of the European Waste List shall continue to be considered as mixed municipal waste when subjected to a treatment procedure which has not significantly altered its properties."

20. § 2 para. 4 Z 5 reads:

" 5.		"waste oils" means any mineral or synthetic lubricating or industrial oils which have become unsuitable for the intended use for which they were originally intended, such as used combustion engine oils and gear oils, lubricating oils, turbines and Hydraulic oils. "

21. § 2 para. 5 Z 1 reads:

" 1.		"waste treatment" means any recovery or disposal process, including preparation before recovery or disposal.

22. The following Z 3 to 9 shall be added to Article 2 (5):

" 3.		are "waste prevention" measures that are taken before a product has become waste, and reduce:
a)			the quantity of waste, including through the re-use of products or the prolongation of their lifespan;
b)			the adverse effects of the following waste on the environment and human health, or
c)			the pollutant content in products.
4.		"re-use" means any process in which products and components which are not waste are reused for the same purpose for which they were originally used and intended.
5.		"recovery" means any procedure in which the main result of which waste is supplied within the plant or in the economy in an environmentally sound manner to a useful purpose by:
a)			they replace other materials that would otherwise have been used to perform a particular function, or
b)			-in the case of preparation for re-use-the waste is prepared in such a way as to fulfil this function.
		For recovery purposes, preparation for re-use, recycling and any other recovery (e.g. energy recovery, preparation of materials intended for use as fuel, or filling) shall be considered as being used for recovery purposes. including pre-treatment prior to these measures. Annex 2, Part 1, contains a non-exhaustive list of recovery procedures.
6.		'preparation for re-use' means any recovery procedure for testing, cleaning or repair, in which products and constituents of products which have become waste are prepared in such a way as to ensure that they are prepared without further pre-treatment can be reused.
7.		"Recycling" means any recycling process which makes it possible to prepare waste materials for products, goods or substances either for the original purpose or for other purposes. It includes the preparation of organic materials, but not the energy recovery and the treatment to materials intended for use as fuel or for filling.
8.		"disposal" means any procedure which is not permitted to be recovered, even if the method has the secondary effect of recovering substances or energy. Annex 2, Part 2, contains a non-exhaustive list of disposal procedures.
9.		"Collection" means the collection of waste by collection, acceptance or legal processing via the collection or reception by a commissioned third party. The collection shall include the provisional sorting and temporary storage of the waste for the purpose of transport to a treatment facility. "

Section 3 (1) and Z 1 and 2 shall read as follows:

" (1) No waste within the meaning of this Federal Law is

1.		Waste water, including other waters, in § 1 (1) (1) to (4) and (4) and (6) and (2) of the Regulation on the general limitation of waste water emissions into rivers and public canalisations (AAEV), BGBl. No 186/1996,
2.		gas-shaped discharge into the atmosphere, "

24. In § 3 (1) the following Z 2a is inserted after Z 2:

" 2a.		Carbon dioxide, the
a)			for the purposes of geological storage, and for the purposes of Directive 2009 /31/EC on the geological storage of carbon dioxide, OJ L 327, 22.12.2009, p. No. OJ L 140, 5.6.2009 S 114, geologically, or
b)			with a planned total storage volume of less than 100 kilotons for research purposes, or for the development or testing of new products and processes (Art. 2 (2) of Directive 2009 /31/EC), "

Section 3 (1) Z 5 reads as follows:

" 5.a)			Bodies of animals which have not been killed by slaughter, including bodies of animals killed for the eradication of animal diseases and in accordance with Regulation (EC) No 1774/2002 laying down health rules for non-animal diseases animal by-products intended for human consumption, OJ L 327, 22. No. OJ L 273, 10. 10. 2002 S 1, as amended by Regulation (EU) No 595/2010 amending Annexes VIII, X and XI to Regulation (EC) No 1774/2002 laying down health rules concerning animal by-products not intended for human consumption, OJ L 327, 31.12.2002, p. No. OJ No L 173, 8. 7. 2010 S 1, and
b)			other animal by-products, including processed products, covered by Regulation (EC) No 1774/2002, with the exception of those for specific waste treatment facilities such as incineration in a combustion or Co-incineration plant, or treatment in a biogas or composting plant, "

26. In § 3 (1), the point shall be replaced by an accoration at the end of Z 6 and the following Z 7 and 8 shall be added:

" 7.		uncontaminated sediments intended for the management of waterways and waterways, or the prevention of floods or the mitigation of the effects of floods and droughts, or land reclamation at Surface waters are relocated.
8.		non-contaminated soils and other naturally occurring materials which have been excavated in the course of construction, provided that it is ensured that the materials in their natural state at the place where they were lifted are for construction purposes shall be used. "

27. In § 4 Z 1, the word order shall be " Art. 1 of Directive 75 /442/EEC on waste " through the phrase " Art. 7 of Directive 2008 /98/EC on waste " replaced.

§ 4 Z 2 reads:

" 2.		the types of waste which are hazardous, in accordance with Annex III to Directive 2008 /98/EC on waste, which are relevant to the hazard, and which are considered to be dangerous in the list referred to in Article 7 of Directive 2008 /98/EC. Directive 2008 /98/EC on waste is identified as dangerous; "

29. In § 4, in Z 3 the expression "Annex 3" by the expression "Z 2" replaced.

30. The following is added to § 5 (1):

"In the case of preparation for re-use within the meaning of § 2 (5) Z 6, the end of the waste property shall be reached with the conclusion of this exploitation procedure."

31. In accordance with § 6 (1) Z 3, § 36 Z 4, § 65 (1) (3) and § 66 (1), the word shall be given in each case. "Community law" by the word "Union Legal" replaced.

32. In § 6 (4), the word "immediately" through the phrase "at the same time as delivery to the party" replaced.

Section 6 (7) Z 1 reads as follows:

" 1.		a permit according to § 24a or "

34. § 8 reads:

" § 8. (1) In order to achieve the objectives and principles set out in Article 1 (1), (2), (2a) and (4), the Federal Minister for Agriculture, Forestry, Environment and Water Management shall draw up a federal waste management plan at least every six years.

(2) The draft of the Federal Waste Management Plan is to be made available to the public via the website of the Federal Ministry of Agriculture, Forestry, Environment and Water Management; this is widely used in two areas of the Federal Republic of Germany. to make known daily newspapers. It should be pointed out in the notice that any person may deliver an opinion within six weeks from the date of the notice to the Federal Minister for Agriculture, Forestry, the Environment and Water Management. The State Governments, the Federal Minister for Economic Affairs, the Family and Youth, the Austrian Association of Cities, the Austrian Association of Municipal States, the Austrian Chamber of Commerce, the Federal Chamber of Workers and Employees and the Chamber of Agriculture Austria shall be informed in writing of the opinion. The opinions shall be taken into account in the review of the draft. The Federal Waste Management Plan is to be published on the website of the Federal Ministry for Agriculture, Forestry, Environment and Water Management. Unless a summary declaration is to be published in accordance with Section 8a (6), the Federal Minister for Agriculture, Forestry, Environment and Water Management, together with the Federal Waste Management Plan, has the decisions taken on the the opinions received and the reasons on which the decisions are based and the information on the procedure for public participation on the website of the Federal Ministry for Agriculture, Forestry, the Environment and Water Management . The fact of the publication is to be published in two daily newspapers widely used in the federal territory.

(3) The Federal Waste Management Plan shall include, without prejudice to the planning powers granted to the federal states, at least:

1.		an inventory of the situation of waste management and an assessment of the future developments of waste streams;
2.		the regional distribution of waste disposal installations and of major waste recycling facilities;
3.		the assessment of the need to decommission installations;
4.		the assessment of the need for additional equipment infrastructure for the establishment and maintenance of a network of facilities to ensure the self-sufficiency of waste and to ensure the treatment of waste in one of the closest appropriate installations;
5.		existing waste collection systems as well as the assessment of the need for new collection systems;
6.		in the case of cross-border projects in the context of the creation of the Federal Waste Management Plan, the presentation of cooperation with the Member States concerned and the European Commission;
7.		Specific requirements derived from § 1
a)			the reduction of the quantity and pollutant content and the adverse environmental and health impact of the waste,
b)			to promote the preparation for re-use, recycling and other recovery of waste, in particular with regard to resource conservation,
c)			for the environmentally sound and economically efficient recovery of waste,
d)			for the disposal of non-preventable or usable waste,
e)			to shipments of waste to or from Austria for recovery or disposal;
8.		the measures envisaged by the federal government in order to achieve these objectives;
9.		general strategies and special arrangements for certain types of waste, in particular treatment obligations and programmes, including the strategy to reduce the biodegradable waste intended for landfill, in accordance with Article 5 of Directive 1999 /31/EC on the landfill of waste, OJ L 175, 5.7.1999, p. No. OJ No L 182, 16. 7. 1999 S 1, as amended by Regulation (EC) No 1137/2008, OJ L 327, 31.12.2008, p. No. OJ No L 311, 21. 11. 2008 S 1, and waste planning in accordance with Article 14 of Directive 94 /62/EC on packaging and packaging waste, OJ L 94, 9.4.1994, p. No. OJ No L 365, 31. 12. 1994 S 10, as amended by Regulation (EC) No 219/2009, OJ L 327, 31.12.2009, p. OJ No L 87, 31. 3. 2009 S 109.

(4) The Federal Minister for Agriculture, Forestry, Environment and Water Management has to submit the Federal Waste Management Plan to the National Council. The submission shall include the measures taken for the prevention and recovery of waste, the effectiveness of the measures and the measures taken to control the treatment facilities, waste streams and waste collectors and handlers, including the Collection and recovery systems.

(5) The provincial governor has to submit the country waste management plan drawn up to the Federal Minister for Agriculture, Forestry, Environment and Water Management. The contents of the country-waste management plans relating to installations for the disposal of non-hazardous waste are to be included in the Federal Waste Management Plan. Contents of the country-waste management plan, which is carried out in accordance with Directive 2001 /42/EC on the assessment of the effects of certain plans and programmes on the environment, OJ L 197, 21.7.2001.. No. OJ L 197 of 21. 7. In 2001 S 30, an environmental assessment must be carried out in the Federal Waste Management Plan only if the environmental assessment has already been carried out at the country level. This content shall not be subject to any environmental assessment in accordance with § 8a. "

35. In § 8b, paragraph 3, the quote shall be: "§ 8 (1)" by quoting "§ 8 (2)" replaced.

36. According to § 9, the following § 9a and title shall be inserted:

" Waste Prevention Programme

§ 9a. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has a waste prevention programme at least every six years with the aim of achieving economic growth from the environmental impact of waste generation. Decouple, create. This can be part of the federal waste management plan.

(2) The waste prevention programme shall include at least:

1.		the objectives of the waste prevention measures;
2.		a description of the existing waste prevention measures;
3.		an assessment of the appropriateness of the exemplary measures set out in Annex 1 or of other appropriate measures;
4.		qualitative or quantitative standards for monitoring and evaluating the progress achieved by the measures;
5.		in the case of cross-border projects, the presentation of cooperation with the Member States concerned and the European Commission.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to submit the Waste Avoidance Programme to the National Council.

(4) § 8 (2), (8a) and § 8b shall apply. "

37. The following sentence is added to Article 10 (1):

" A valid environmental statement in accordance with Regulation (EC) No 1221/2009 on the voluntary participation of organisations in a Community eco-management and audit scheme (EMAS), OJ L 327, 22.12.2009, p. No. OJ No L 342, 22. 12. 2009 p. 1, a company involved in EMAS is considered to be a waste management concept. "

38. In § 10 (5), the word "five" by the word "seven" replaced and the following sentence added:

"The continuation of a valid environmental statement in accordance with EMAS shall be deemed to be a continuation in accordance with this Federal Act."

39. In § 13, § 84, in the title of § 86 and in § 86 (1), the word shall be given in each case "Community law" by the word "Union Legal" replaced.

40. In § 14 (1), (6) and (7), § 23 (1) and (3), § 36, § 65 (1), (2) and (3) and § 90 (1), the word sequence shall be "Federal Minister for Economic Affairs and Labour" through the phrase "Federal Minister for Economic Affairs, Family and Youth" replaced.

41. In § 14 (2) (3), the phrase shall be "or recovery" through the phrase ", the preparation for re-use, recycling or other recovery" replaced.

Section 14 (2) Z 4 reads as follows:

" 4.		compliance with waste prevention, collection, collection, recycling or recovery rates within a specified period of time; "

43. In § 14 para. 2 Z 7 the phrase "the recycling of materials" through the phrase "preparation for re-use and recycling" replaced.

44. In § 15, the following subsection (4a) is inserted:

" (4a) recovery shall be permitted only if the waste in question can be used safely for the intended purpose and no protection goods (as defined in section 1 (3)) can be affected by this use, as well as through the use of such waste. Action shall not be infringed. "

45. In § 15, the following subsections 5a and 5b are inserted:

" (5a) The waste owner is responsible for the fact that:

a)			the waste is transferred to a waste collector or treatment authorised in relation to the collection or treatment of the waste type; and
b)			the environmentally sound recovery or disposal of such waste is explicitly mandated.

(5b) Anyone who fails to pass waste in accordance with paragraph 5a may, until the full environmentally sound recovery or disposal of such waste, be used as an undertaking in accordance with Section 73 (1) with a treatment order. "

(46) The following paragraph 7 is added to § 15:

" (7) Anyone who carries non-hazardous waste for commercial purposes shall carry a document in the course of the transport, from which the supplier and the convoy of the waste, the mass of the waste transported in kilograms and a brief description of the waste. transported waste. "

47. In § 16 (2) (4), the phrase shall be "materially recycled" through the phrase "prepared for re-use, recycled, other recycled" replaced.

48. In Section 16, Section 3, Z 1, the word order shall be "a material recovery" through the phrase "a recycling" replaced.

49. In § 16 (3) (2), the word order shall be "materially recycled" by the word "recycled" replaced.

50. In § 16 (3) Z 4, the phrase "a material recovery" through the phrase "a recycling" replaced.

51. In § 16, para. 4, the word order shall be " as last amended by Regulation (EC) No 323/2007, OJ L 327, 31.12.2007, p. No. OJ L 85 of 27.03.2007 p. 3 through the phrase " as amended by Regulation (EU) No 757/2010, OJ L 327, 31.12.2010, p. No. L 223 of 25.8.2010 S 29 " replaced.

52. The following sentence is added to Article 17 (1):

"For transporters, the recording obligation with the collection and storage of the accompanying documents in accordance with § 18 para. 1 or with the transmission of the consignment note data by the contractor to the register shall be deemed to be fulfilled in accordance with § 22 para. 1."

53. In § 17 paragraph 2 Z 2 lit. a and § 20 para. 2 Z 2 lit. a will be the citation "§ 25 (2) Z 2" by quoting "§ 24a para. 2 Z 5" replaced.

54. Section 17 (2) 3 is:

" 3.		Persons who make products in terms of purchase and are exempt from the requirement to be granted in accordance with Article 24a (2) (5) (2), in respect of the withdrawal of waste of the same or equivalent products, which fulfil the same function and "

55. § 17 para. 2 Z 4 reads:

" 4.		Transporters with regard to non-hazardous waste, insofar as they only transport such waste on behalf of the waste owner. "

56. In § 18 (1), the penultimate and last sentence is deleted.

57. In § 18 (3), the quote "§ 25 (2) Z 3" by quoting "§ 24a para. 2 Z 2" replaced.

58. In § 21 (1) of the introduction, the word order shall be "Federal Minister for Agriculture, Forestry, Environment and Forestry" through the phrase "Federal Minister for Agriculture, Forestry, the Environment and Water Management" replaced.

59. In § 21 (3), first sentence, after the word order "In accordance with § 17 of the waste collectors and the treatment of waste" the phrase "-with the exception of transporters, to the extent that they only transport waste on behalf of the waste owner-" inserted.

The second sentence of Article 21 (3) of the second sentence is:

"For waste defined in accordance with a regulation in accordance with § 23, an outline shall be made according to the respective congregation."

61. In § 22 (2), the point at the end of Z 11 shall be replaced by a supplement; the following Z 12 to Z 16 shall be added:

" 12.		the date of birth of natural persons,
13.		name, address and date of birth of the managing directors of the waste management, their areas of responsibility and delivery addresses,
14.		the name, address and date of birth of the person responsible pursuant to section 26 (6),
15.		if necessary, machine number, engine number, operating mode, mechanical power output, and manufacturer and type information for mobile installations,
16.		Information on the respective competent authorities (e.g. authority approving mobile installations). "

62. The following sentence is added to Article 22 (4):

"If necessary, other service providers can also be used."

(63) In § 22, paragraph 5 shall be replaced by the following paragraphs 5, 5a, 5b and 5c:

" (5) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may use the registers within the scope of his responsibility for the performance of his tasks within the scope of his/her scope of action. The same applies to the authorities and bodies that carry out matters relating to the sphere of action of the Federal Minister for Agriculture, Forestry, the Environment and Water Management in a central federal administration.

(5a) The Federal Minister of Finance and the Customs Offices, within the limits of their competence, may, in coordination with the Federal Minister for Agriculture, Forestry, the Environment, the necessary data for the purpose of collection of the AltlastenContributions. Use water management.

(5b) The Federal Minister for Economic Affairs, the Family and Youth may, within the limits of his competence in matters relating to the business and industry, the mining industry, the energy sector and the machinery and boiler systems, be responsible for the purposes of the planning, the Traceability and plausibility check of reports and records as well as the performance of reporting and reporting obligations the registers for the performance of its tasks in coordination with the Federal Minister for Agriculture and Forestry, Environment and water management. The same applies to the authorities and bodies that carry out matters relating to the sphere of action of the Federal Minister for Economic Affairs, the Family and Youth in the central administration of the Federal Republic of Germany.

(5c) The Federal Minister of Health may, within the limits of his competence in matters relating to veterinary matters and food control, be responsible for the readability and plausibility check of reports and records, as well as the To comply with reporting and reporting requirements, use the registers to carry out its tasks. The same applies to the authorities and bodies that carry out matters relating to the sphere of action of the Federal Minister of Health in mediable federal administration. "

Section 22a (1) (1) (1) (1) a and b are:

" (a)			the data of a permit according to § 24a concerning the extent of the permission. In the case of allowances transferred pursuant to section 77 (1) (6), the data shall be provided on the basis of an indication of the person entitled to take over waste for collection or treatment or on the basis of a notice of arrest pursuant to Section 6 (7) of the the register of registers;
b)			the data of equivalent authorisations submitted pursuant to § 24a (2) (3) (3) concerning the extent of the permit; "

65. In Section 22a (4), the quote shall be: " 1 Z 1 " by the quote " 1 Z 1 lit. c " replaced.

(66) The following paragraph 3 is added to section 22b:

" (3) If the transfer of an installation or location is entered in a register in accordance with section 22 (1), the person who transferred this data, including the technical data processing rights, shall be accepted by accepting this transfer in accordance with section 22 (1) of the register, responsible for the correctness, completeness and correction of the data transferred. "

67. According to § 22c, the following § 22d with headline is inserted:

" General due diligence

§ 22d. (1) Persons have to carefully maintain their access data to the register, prevent access to it and refrain from passing on the access data. The granting of further access to other persons shall be permitted under the responsibility of the Registered person in accordance with the functions available; the persons entitled to do so shall have the same duty of care, in particular may: the access data will not be passed on. The registered person may assign access only to a natural person.

(2) An application or an act placed under an access shall be deemed to be the affixing or action of the registered person, irrespective of who actually carries out the transmission, unless the registered person is the registered person or the registered person. Person makes a believable that the application or the action has been made by a third party, in spite of compliance with its duty of care, with the abuse of the access data. "

68. In Section 23, Section 1, Z 3, after the order of the word "Transport of waste" the phrase "including the identification and equipment of vehicles" inserted.

(69) The following paragraph 4 is added to Article 23:

" (4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is hereby authorized, in order to ensure the regular operation and maintenance of operational applications of the registers in accordance with § 22, an appropriate rate of application for the application of the Collection by the service provider of this register should be established by Regulation. In the determination of adequacy, the services provided and the administrative relief effect shall be presented. "

70. § 24 with headline shall be deleted.

71. In accordance with § 24, the following § 24a and heading is inserted:

" Permission for the collection and treatment of waste

§ 24a. (1) Anyone who collects or treats waste requires permission from the Governor of the State. The application may, if this sub-section is set up in a register pursuant to section 22 (1), be made via this register.

(2) The permission is not subject to the following:

1.		persons who treat waste produced exclusively on their own premises; this exception shall not apply to the incineration and disposal of waste;
2.		Transporters, to the extent that they only transport waste on behalf of the waste owner;
3.		Holder of an equivalent permit from a Member State of the European Union or of another State which is a member of the EEA Agreement. The permission shall be submitted to the provincial governor in accordance with paragraph 4 prior to taking up the activity;
4.		Collection and recovery systems;
5.		Persons who make products in terms of purchase in respect of the withdrawal (within the meaning of § 2 paragraph 6 Z 3 lit. (b) waste of the same or equivalent products which fulfil the same function, for the purpose of passing on to an authorised waste collector or waste treatment agent. This does not apply if the waste withdrawn is hazardous waste and the quantity of hazardous waste withdrawn is disproportionately greater than the quantity of the products delivered; a proof of this is not necessary. and, at the request of the Authority, to submit;
6.		persons who do not put hazardous waste on the ground for the benefit of agriculture or ecology;
7.		Local authorities and municipal associations, to the extent to which they are legally obliged to collect and remove non-hazardous waste;
8.		Holder of a landfill, in respect of the transfer of waste for which the owner of the landfill indicates a gradation in accordance with Section 7 (5).

(3) The application referred to in paragraph 1 shall contain:

1.		information about the person,
2.		information on the type of waste which is to be collected or treated;
3.		a verbal description of the nature of the collection or treatment of the waste, including a presentation that the collection and treatment of the waste is carried out in an environmentally sound, accurate and appropriate manner, so that the public interests (Article 1 (3)) shall not be affected,
4.		information on the professional knowledge and skills required for the collection and treatment of the waste for which permission is requested,
5.		information on the reliability, in particular of the current extract of criminal records and the excerpt of the administrative criminal records, or the confirmation of the competent administrative criminal authority,
6.		the presentation that the storage or interim storage is carried out in a suitable approved warehouse or interim storage facility;
7.		the presentation that the treatment is carried out in a suitable approved treatment facility or at a suitable location for this treatment.

(4) Locally competent authority of first instance

1.		For a permit for the treatment of waste, the provincial governor, in whose state the waste treatment is located, is the state governor. If the seat of the waste treatment agent is not in the federal territory and either the treatment is carried out in a mobile treatment facility or a permissible treatment is carried out on site, then the regional governor is responsible for the first time in the province of which the mobile treatment plant, or to treat the waste on site.
2.		For a permit to collect waste, the Governor of the State in whose province the waste collector is located; if the seat is not located in the Federal territory, the Governor of the State is responsible in the first instance, in the province of which he is responsible for the first time in the Federal Republic of Germany. wastes are to be collected. If both a treatment and a collector's activity is requested or exercised, the responsibility for Z 1 shall be determined. "

72. § 25 together with the title shall be deleted.

73. In accordance with § 25, the following § 25a and title shall be inserted:

" Provisions for the permit for the collection or treatment of waste

§ 25a. (1) The competent authority shall be informed within three months of the introduction of a complete and defective application in accordance with Section 24a (1).

(2) The permission shall be granted if:

1.		the nature of the collection or treatment does not correspond to § § 15, 16 and 23 (1) and (2) and to the purposes and principles (§ 1 (1) and (2)) and to the public interest (Section 1 (3)).
2.		the type of collection or treatment is appropriate for the waste concerned,
3.		the storage of the waste in a suitable approved plant is ensured; in any case, a waste collector must have an appropriate approved interim storage facility, a waste treatment of hazardous waste has a suitable approved to operate a treatment plant; this shall not apply to a waste treatment agent which, on site, may legitimately carry out refurbishments, such as asbestos remediation, soil air extraction or groundwater purification; if necessary, the Authority may require: that a waste treatment of non-hazardous waste by means of a suitable the approved treatment facility,
4.		the reliability in relation to the activity to be performed is given,
5.		the professional knowledge and skills required for the collection or treatment of the waste for which the permit is requested.

(3) For the purposes of this Federal Law, a person whose qualification and previous activity justifies the assumption that he/she is carrying out the requested activity in a careful and appropriate manner and that the legal obligations are complete will be fulfilled. Under no circumstances shall any person be considered to be reliable,

1.		which has been withdrawn from the permit as a collector or a waste treatment company, or as a waste management manager (§ 26) within the last five years,
2.		Three times because of a transgressing of federal or state laws for the protection of the environment, such as in particular this federal law, the GewO 1994, the Water Rights Act 1959 (WRG 1959), BGBl. No 215, or the law repealed by this federal law, as long as the penalties have not yet been eraded, and do not include minor infringements of formal requirements.

(4) Without prejudice to paragraph 3, in the case of the collection or treatment of hazardous waste, other than asbestos cement, a person shall not be considered as reliable.

1.		who has been convicted by a court
a)			because of fraudulent Krida, damage to foreign creditors, favouring a creditor or grossly negligent impairment of creditor interests (§ § 156 to 159 of the Criminal Code (StGB), BGBl. No 60/1974), or
b)			in respect of any other criminal offence, a custodial sentence exceeding three months, or a fine of more than 180 daily rates, and
		the conviction has not yet been erafied. This also applies if a similar offence has been achieved abroad,
2.		over whose assets the insolvency proceedings have not been officially opened in the absence of cost-covering assets, and the period in which the insolvency file is granted access to the said insolvency case has not yet expired. This shall also apply where a comparable event has been carried out abroad, or
3.		which are due to the financial charges of smuggling, the evasion of entry and exit taxes, the deprivation of the goods according to § 37 para. 1 lit. a of the Financial Criminal Law, BGBl. No 129/1958, the current version, the evasion of monopoly revenues, the deliberate intervention in a state monopoly or the monopoly hehlery in accordance with § 46 (1) (lit). a of the Financial Criminal Law has been punished by a financial punishment authority and, on account of such a financial offence, a fine of more than 726 euros or in addition to a fine has been imposed a custodial sentence and if, since the punishment, Not five years have passed. This also applies if a comparable event has been carried out abroad.

(5) permission shall be granted for certain types of waste and treatment procedures and, where necessary, subject to conditions, conditions and deadlines, if their performance or compliance with the pursuit of the activity or the maintenance of the The conditions laid down in paragraph 2 are required. If it is necessary to safeguard the interests referred to in paragraph 2, conditions, conditions and deadlines must also be prescribed after the granting of the permission.

(6) If the conditions of paragraph 2 are no longer available, permission shall be withdrawn. In accordance with Section 68 (4) (4) (4) of the AVG, the modesty referred to in paragraph 1 shall be threatened with invalidity if the proof of professional knowledge and skills or the information on the reliability are incorrect. A holder of an equivalent permit pursuant to § 24a (2) (3) (3) shall prohibit the further conduct of the collection or treatment if the holder of the permit or a responsible person of the holder of the authorisation is at least three times because of a Transgressing of federal or state laws for the protection of the environment, such as, in particular, this federal law, the GewO 1994, the WRG 1959, or the legislation repealed by this federal law have been punished as long as the penalties have not yet been shall not be included; minor infringements shall not be included in the Formal requirements.

(7) The Authority shall review the requirement of the condition set out in paragraph 4 (1) (1). b) if, according to the nature of the offence and the personality of the convicted person, the commission of the same or a similar offence in the collection or treatment of waste is not to be feared. The review shall not be granted if there are no conditions other than those for which the intention is to be granted. "

74. § 26 together with headline reads:

" Waste law managing director, expert person, responsible person

§ 26. (1) Where the activity of the collection and treatment of hazardous waste, other than asbestos cement, is not to be carried out by a natural person, or if the permit is the subject of the professional activity required in respect of the activity to be performed. If you are not able to prove your knowledge and skills yourself, you can order a person who works as a principal professional as a law-abiciate managing director. The appointment of a number of persons who are employed as a waste management manager with unequivocally defined areas of activity is permitted. You can only order the Managing Director of the AbfallLegal

1.		the reliability referred to in Article 25a (3) and (4) with regard to the activity to be performed and the professional knowledge and skills within the meaning of Article 25a (2) Z 5 for the collection and treatment of the waste for which the permit is granted,
2.		the requirements of a responsible officer within the meaning of Section 9 of the Administrative Criminal Law 1991 (VStG), BGBl. No 52, and
3.		is able to operate accordingly during operation.

(2) The order of the Managing Director shall be subject to the permission in accordance with Section 24a (1). § 24a (3) (1), (4) and (5) and (4) and Section 25a (3) to (6) shall apply.

(3) The managing director of the waste law is responsible for the responsibility within the meaning of Section 9 of the German Stock Corporation Act (VStG) and for the professionally impeccable performance of the activities in accordance with Section 1 and the observance of the relevant waste law regulations.

(4) By way of derogation from paragraphs 1 and 6, the municipality has to make a qualified person to the provincial governor, who, in addition to the reliability, has the following technical knowledge and skills:

1.		knowledge of the classification and hazard potential of the waste to be collected;
2.		basic chemical knowledge;
3.		knowledge of first-aid measures;
4.		knowledge of safety equipment;
5.		knowledge of the fire and extinguishing behaviour of the substances;
6.		Basic knowledge of waste management regulations and
7.		Knowledge of treatment options.

(5) If the appointed managing director of the waste is out of business, the holder of the authorisation shall immediately appoint a new managing director and the permit (para. 2). If this order and the application are made (para. 2) not within three months, the activity shall cease. The same applies analogously to a person skilled in the art in accordance with paragraph 4 or a responsible person in accordance with paragraph 6.

(6) Where the activity of the collection and treatment of non-hazardous waste or asbestos cement is not carried out by a natural person, a person responsible shall be required to identify the person responsible for the reliability and professional skills of the person responsible for the collection and treatment of the waste or asbestos cement. and knowledge. "

75. In § 29 (2) the word order is deleted "in four-way design" .

76. In § 38 (6), the last three sentences are deleted.

(77) In § 38, the following paragraphs (6a) and (6b) shall be inserted after the following:

" (6a) The Landeshauptmann as the competent plant authority in accordance with paragraph 6 may be responsible for certain treatment facilities of the district administrative authority.

1.		for the implementation of a procedure or
2.		For the enforcement of § § 53 (2), 57 to 64 and 75
, in whole or in part, and empower the district administrative authority to decide on its own behalf, provided that this is in the interests of convenience, clarity, cost savings and simplicity. This does not affect legal co-action and consultation rights.

(6b) The Landeshauptmann as the competent plant authority in accordance with paragraph 6 may be responsible for certain types of plant of the district administrative authority.

1.		for the implementation of procedures or
2.		For the enforcement of § § 53 (2), 57 to 64 and 75
, in whole or in part, and empower the district administrative authority to decide on its own behalf, provided that this is in the interests of convenience, clarity, cost savings and simplicity. This does not affect legal co-action and consultation rights. "

78. In § 39 (1) the following Z 6a is inserted after Z 6:

" 6a.		a presentation of energy efficiency for installations for incineration or co-incineration with energy recovery; "

79. In Section 39 (1), in Z 9 the point shall be replaced by a line-point and the following Z 10 shall be added:

" 10.		a description of the arrangements for compliance with the treatment obligations in accordance with § 15 (1) to (4) and (§ 16) and in accordance with a regulation pursuant to § 23. "

80. In § 43 (1) the following Z 5a is inserted after Z 5:

" 5a.		The treatment obligations in accordance with § § 15 and 16 and in accordance with a regulation pursuant to § 23 shall be complied with. "

81. In § 43, the following subsection (2b) is inserted in accordance with section 2a:

"(2b) Authorisations which include incineration or co-incineration with energy recovery may only be granted if energy efficiency is achieved with a high degree of energy efficiency."

82. In § 43 (3) the expression " 1 and 2 " by the expression " 1 to 2b " replaced.

83. In § 47 (3) (6), the word "Community law" by the word "Union law" replaced.

Section 48 (2a) reads as follows:

" (2a) The calculation of a guarantee for a landfill shall be carried out on a case-by-case basis, in relation to the obligations and obligations laid down in paragraph 2 of the first sentence. In the absence of a financial mathematical calculation of the guarantee, the Authority shall be responsible for ensuring that the construction cost index is used for road construction, with an increase of more than five percentage points of the construction cost index. In relation to the guarantee provided, the holder of the landfill shall increase the security accordingly; if partial amounts are required, the increase in the value shall be taken into account in the determination of these partial amounts. In the case of a liability declaration by a local authority or a water or waste association, the landfill holder must be certified by a certified auditor or an auditor for such an expert opinion and certified by a court. Experts from the Authority shall demonstrate that the costs of compliance with the obligations and obligations laid down in the first sentence of paragraph 2 are fully taken into account in the waste collection prices; furthermore, such a test at each reduction shall be the price of the waste, but at least every five years during the Disposal phase to be submitted to the Authority. "

85. § 58 (1) in the final part before the word order "to be informed" the word "if necessary" inserted.

86. In § 62 (2a) the word order shall be "Permission pursuant to § 25" through the phrase "Permission according to § 24a" replaced.

87. In § 67 (2) the word order is deleted "to the recipient and" .

88. In § 68 (1) (2), the word sequence shall be deleted "in the case of a transfer to a third country within the meaning of the EC movement" .

89. In § 69 (2) (1), (2) and (6), section 70 (3), in the title of § 89, in § 89, the introduction of the word of the word "Community" by the word "Union" replaced.

90. The following phrase is added to Section 69 (2) Z 1 second sentence:

" or before the expiry of the period, a decision of the authority to safeguard the public interests referred to in Article 1 (3) is required or it is a shipment to a recovery facility with a preliminary agreement within the meaning of Art. 14 of the EC Movement V "

(91) In § 69, the following paragraph (2a) is inserted:

"(2a) In the case of a shipment within the framework of a prior consent pursuant to Section 71a, a period of seven working days after the dispatch of the acknowledgement shall be valid, by way of derogation from paragraph 2 (2) (1) and (2)."

92. In § 69 (3) (1), the word order shall be "Permission pursuant to § 25 (1)" through the phrase "Permission according to § 24a para. 1" replaced.

93. In § 69 (3) (2), the quote shall be "§ 25 (2) Z 2" by quoting "§ 24a para. 2 Z 5" replaced.

94. In § 69 (3) Z 3, the phrase "Permission pursuant to § 25 (2) Z 7" through the phrase "Permission according to § 24a para. 2 Z 3" replaced.

95. In § 69 (5), after the word "Recipient" the phrase "or the external representation of the notifier or the consignee" inserted.

96. In § 69, the following paragraphs 7a and 7b are inserted after paragraph 7:

" (7a) Shipments of waste

1.		for disposal or
2.		in installations for the recovery of mixed municipal waste collected by private households, even where the collection of waste from other producers is collected,
is not to be complied with if the principles of self-sufficiency or proximity pursuant to § 1 para. 4 are not complied with.

(7b) The shipment of waste for recovery to Austria to incinerators is to be forgiven if it has been shown that such shipments would result in the elimination of domestic waste or waste in a way that would have to be that are not compatible with the federal waste management plan. "

(97) The following paragraph 10 is added to § 69:

" (10) The transport of waste from a total transport distance of 400 km and a total weight of 50 tonnes shall be carried out on rails or by other means of transport with an equivalent or reduced emission of pollutant and greenhouse gas emissions, provided that this is reasonable in accordance with the available capacity and in comparison with the transport via the road, in addition to the additional costs incurred and the additional time required to be incurred. "

98. § 70 (1) is added to the following subsentence in Z 3:

"unless the competent authority of the place of destination is of the opinion that such a guarantee or equivalent insurance is not required"

99. The following sentence shall be added to section 70 (2):

"The carrying of these documents can be carried out electronically in consultation with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, with the electronic transmission of the documents being carried out."

100. In accordance with § 71, the following § 71a and heading is inserted:

" Preliminary consent

§ 71a. (1) The operator of a fixed treatment facility located in Austria shall be entitled to apply for a prior consent for the non-provisional recovery in this treatment plant within the meaning of Article 14 of the EC Shipments. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to be informed of this request.

(2) The applicant shall, in particular, be connected to the request for a prior consent pursuant to paragraph 1:

1.		Details of the person including the ownership structure of the treatment plant, including the current company statement;
2.		information on the name and address of the treatment plant in question and identification numbers in accordance with the register in accordance with § 22 for persons, locations and installations;
3.		a description of the technologies used in the treatment plant;
4.		a description of the non-provisional recovery procedures for which a pre-approval has been requested, including R-Codes;
5.		copies of all relevant permissions, authorisations and authorisations;
6.		proof of the registration of the applicant as a registered organisation in accordance with EMAS or proof that the applicant is a registered organisation in accordance with a regulation pursuant to § 15 (5) UMG or proof that the applicant Applicants for a certificate issued by an accredited certification body according to ÖNORM EN ISO 14001 "Environmental Management Systems-Requirements with instructions for application" of 15 August 2009, as well as the documentation of the current Management rating according to the ÖNORM EN ISO 14001;
7.		a list of the waste for which the prior approval is to be issued, indicating the type of waste, in accordance with a Regulation in accordance with Article 4, the entry in the European Waste List and Annex IV and IVA of the EC Shipments;
8.		an analysis or description of the physical and chemical properties of the waste regularly treated in the treatment plant and the acceptance criteria for the treatment plant for such waste;
9.		information on the total quantity of each waste for which the pre-approval is to be issued;
10.		information on the expected quantity, composition and treatment of the residual waste;
11.		information on all persons responsible for the treatment of the applicant in accordance with § 9 VstG;
12.		a declaration, applications and notifications concerning cross-border shipments of waste through a register pursuant to section 22 (1), provided that this sub-area is set up in the register.

(3) Before a prior consent is granted, the provincial governor of the federal state in which the treatment plant in question is located shall be heard.

(4) Preliminary approval may only be granted if:

1.		the applicant is a registered organisation according to EMAS or is a registered organisation according to a regulation according to § 15 para. 5 UMG or has a valid certificate according to ÖNORM EN ISO 14001, which is accredited by an accredited certificate authority,
2.		neither the applicant nor any of the persons referred to in paragraph 2 Z 11 within the last five years because of a transgressing of federal or state laws for the protection of the environment, such as, in particular, this federal law, the GewO 1994, of the WRG 1959 or the law repealed by this federal law,
3.		the waste is supplied in this treatment plant to a non-provisional recovery;
4.		the treatment plant corresponds to the state of the art and
5.		no pre-approval granted to the applicant has been withdrawn within the last five years.

(5) In the case of an applicant who is a registered organisation in accordance with EMAS or a registered organisation in accordance with a regulation pursuant to Article 15 (5) of the UMG, the communication with which the prior consent is issued shall be ten years at the latest. on a temporary basis and, in the case of an applicant, who has a certificate according to ÖNORM EN ISO 14001, on a temporary basis for a maximum of five years. In particular, the communication shall contain:

1.		a list of the waste for which the pre-approval is granted;
2.		the total quantity of each waste for which the prior approval is granted;
3.		the acceptance criteria for such waste;
4.		the non-provisional recovery procedures for which the preliminary approval is granted.
The acceptance of conditions or conditions is permissible.

(6) The applicant shall immediately, at the latest but within 14 days, following the relevant documents, inform the Federal Minister of the Federal Republic of Germany of any change in the circumstances referred to in paragraph 4 and any modification of the relevant authorisations, permissions and authorisations. Agriculture, forestry, the environment and water management. The documentation of the current management evaluation according to the ÖNORM EN ISO 14001 is to be presented at the request of the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(7) The loss of the condition referred to in paragraph 4 (1) or a change of the operator of this treatment plant shall result in the erasing of the prior consent.

(8) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to revoke the preliminary agreement if the conditions laid down in paragraph 4 (4) (2) to (4) are no longer available or the operator of the treatment plant is not in accordance with his declaration in accordance with paragraph 2 (2) (12), applications and notifications relating to transboundary waste shipments shall not be entered via a register in accordance with section 22 (1). "

101. Section 73 (7) of the last partial sentence reads as follows:

" the Governor of the State may transfer the implementation of a procedure in accordance with paragraph 4 in whole or in part to the district administrative authority and authorise the district administrative authority to decide on its own behalf, provided that this is in the interests of expediency, clarity, Cost savings and simplicity. "

102. In Section 75 (1), the word order shall be "pursuant to § 25 (1)" through the phrase "hazardous waste" is replaced by the last two sentences.

103. In accordance with § 75, the following § 75a and heading is inserted:

" Pilot Projects

Section 75a. In pilot projects of the Federal Minister for Agriculture, Forestry, Environment and Water Management for the purpose of improving the control of waste transport as well as the reduction of administrative costs, data on the transport of waste can be carried out in the way of electronic register, in particular, shall be used. Within the framework of these projects, information and documents may also be carried out in electronic form in accordance with Article 26 of the Regulation, in accordance with the provisions of Article 26 of the EC Treaty. "

104. In Section 77 (1) Z 10, the phrase "the authority which issued the national notification or the communication pursuant to Section 15 of the AWG 1990" through the phrase "the provincial governor of the federal state in which the national law or the communication pursuant to Section 15 of the AWG was adopted in 1990" replaced.

105. Section 78 (1) reads as follows:

" (1) The Authority shall, at the request of the holder of a permit pursuant to § 24a or the holder of the plant, be informed of the types of waste referred to in Appendix 2 of the Waste Directory Regulation, BGBl. II No 570/2003 in the BGBl version. II No 498/2008, the types of waste which correspond to the names or descriptions contained in the permit for the collection or treatment of waste or in the plant authorisation; party position has the holder of the permit or the plant. "

106. In Section 78 (6), the word order shall be "Permission in accordance with § 25 or in the case of asbestos cement, a notification according to § 24 shall be reimbursed" through the phrase "Permission in accordance with § 24a requested" replaced.

107. The following paragraphs 15 and 16 are added to Section 78:

" (15) An authorisation for the collection or treatment of hazardous or non-hazardous waste at the time of the entry into force of the AWG-Novelle 2010 shall be deemed to be a permit pursuant to § 24a after the entry into force of the AWG-Novelle 2010. Pending the entry into force of the AWG-Novelle 2010 in accordance with § 24 or § 25 pending procedures shall be completed in accordance with the provisions in force before the entry into force of the AWG-Novelle 2010.

(16) If the activity of the collection and treatment of non-hazardous waste or asbestos cement is not carried out by a natural person at the time of the entry into force of the AWG novella in 2010, it shall be up to 31 December 2008. January 2012 a responsible person pursuant to § 26 (6) or in the case of municipalities to make a competent person according to § 26 (4) namhaft. "

108. Section 79 (1) Z 7 reads as follows:

" 7.		the activity of a collector or a practitioner of hazardous waste, without being in possession of the necessary authorization pursuant to § 24a (1), or in breach of § 25a (6) or § 26 (5), does not cease to be the activity of the collector, "

109. In accordance with section 79 (1) Z 15a the following Z 15b is inserted:

" 15b.		In breach of § 69 waste, without the necessary authorization or without the other necessary consents, in accordance with the EC movement of movement, "

110. Section 79 (2) Z 6 reads as follows:

" 6.		the activity of a collector or a practitioner of non-hazardous waste, without being in possession of the permission required pursuant to Article 24a (1), or in breach of § 25a (6) or § 26 (5), does not cease to be the activity, "

111. In § 79 paragraph 2 Z 7 the quote is "§ 25 (6)" by quoting "§ 25a (5)" replaced.

112. Section 79 (2) Z 18 reads as follows:

" 18.		, contrary to Article 22 (4) of the EC Shipments of Shipments of Waste, or does not comply with conditions laid down in the claims in accordance with Section 69, "

113. In § 79 (3) (1), the quotations shall be: "§ 24 (7), § 25 (2) (2) (2) or (7)" by quoting "§ 24a para. 2 Z 3 or 5" is replaced, the word "or" before the citation "§ 65 (1) Z 4" is replaced by a dash and, after this quote, becomes the quote " or § 71a (6) " inserted.

114. In Section 79 (3), the following Z 4a is inserted after Z 4:

" 4a.		, contrary to Section 15 (7), the required documents are not carried out or presented, "

115. In § 79 (3) Z 9 the quotations are deleted "§ 24 (1), § 26 (5)," .

116. In accordance with Section 79 (3) Z 13, the following Z 13a is inserted:

" 13a.		, contrary to Article 18 of the EC Treaty, it has not ensured that the necessary information is supplied, introduced or transmitted, "

117. In § 80 (1), second sentence, after the word order "or 22" the phrase "and § 79 (3) Z 13, 13a, 14, 15 or 16" inserted.

118. Section 80 (2) reads as follows:

" (2) The holder of the permission in accordance with § 24a (1) shall be liable to prosecution in addition to the managing director if he knowingly tolerates the administrative surrender or if he/she at the selection of the managing director or the responsible person at the required Care has been missed. "

119. In Section 82 (1), the quote shall be: "§ 25 (1)" by quoting "§ 24a (1)" replaced.

120. The following paragraph 6 is added to Article 82:

" (6) The Federal Police shall report annually to the Federal Ministry for Agriculture, Forestry, Environment and Water Management within one month of the end of each calendar year within the meaning of Annex IX of the EC Regulation on shipments of water. on the number of controlled waste shipments in the federal territory, broken down by international distinguishing mark and information relating to:

1.		the type and quantity of waste transported
2.		Dispatch and recipient State
3.		of the sanctions and measures taken by the institutions of the Public Security Service
to be transmitted electronically by the Federal Minister for Home Affairs. "

121. In Section 87 (5), the quote shall be: "§ § 25 (5) Z 2 and 3" by quoting "§ § 25a (3) (2) and (4)" replaced.

122. In Section 87a (1), after the word order, "to the extent of the entitlement of the waste collectors and the handlers," the phrase "-if set up-on plants and plant types, on the name and address of the meals according to a regulation in accordance with § 14 (1)," inserted.

123. Section 87a of the following paragraph 1a is inserted after paragraph 1 of the following paragraph:

" (1a) The access of the authorized specialists or specialist institutions to the waste acceptance criteria of the landfills pursuant to paragraph 1 shall be granted, provided that the proof that the conditions pursuant to § 2 (6) Z 6 are fulfilled has been provided. Access to this data is to be revoked if any of the prerequisites are omitted. On request, the Federal Minister for Agriculture, Forestry, Environment and Water Management has to agree to the rejection of the right of access or, in the event of the removal of a condition, of the withdrawal of the access. "

124. § 89 Z 1 lit. a is:

" (a)			Directive 2008 /98/EC on waste, No. OJ No L 312, 22. 11. 2008 S 3 corrected by OJ No. OJ No L 127, 26. 5. 2009 S 24; "

125. § 89 Z 1 lit. b and Z 2 lit. b omitted.

126. § 89 Z 2 lit. a is:

" (a)			Directive 2009 /31/EC on the geological storage of carbon dioxide, OJ L 175, 5.7.2009, p. No. OJ L 140, 5.6.2009 S 114;

127. § 89 Z 4 lit. a is:

" (a)			Directive 2008 /1/EC concerning integrated pollution prevention and control, OJ L 327, 22.11.2008, p. No. OJ L 24, 29.1.2008, p. 8, as amended by Directive 2009 /31/EC, OJ L 327, 28.12.2009, p. No. OJ L 140, 5.6.2009 S 114;

128. Section 91 shall be added after paragraph 22 of the following paragraph 23:

" (23) The table of contents, § 1 (2a) to (4), § 2 (1), 3a, 4 and 5, § 3 (1), § 4, § 5 (1), § 6 (4) and (7), § 8, § 8b (3), § 9a and the title, § 10 (1) and (5), § 13, § 14 (1), (2), (6) and (7), § 15 (4a), 5a, 5b and 7, § 16 (2), 3 and 4, § 17 (1) and (2), § 18 (1) and (3), § 20 (2), § 21 (1) and (3), § 22 (2), (4) to (5c), § 22a (1) and (4), § 22b (3), § 22d, including the title, § 23 (1), (3) and (4), § 24a and the heading, § 25a, including the heading, § 26, including the heading, § § 36 (1), section 47 (3), § 48 (2a), § 58 (1), § 62 (2) (2a), § 65 (1), (2) and (3), § 66 (1), § 67 (2), § 68 (1), § 69 (2). to 3, 5, 7a, 7b and 10, section 70 (1) to (3), § 71a, including the title, § 73 (7), § 75 (1), § 75a and the title, § 77 (1), § 78 (1), 6, 15 and 16, § 79 (1) to (3), § 80 (1) and (2), § 82 (1), § 83 (9), § 84, the title of § 86, § 86 (1), § 87 (5), § 87a (1) and (1a), § 89, including the title, § 90 (1) and Annex 1, 2 and 6, Part 1, as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 9/2011 shall enter into force with the day following the event. At the same time, § 24, together with the title, § 25, together with the title and Annex 3, will be repeal with the version in force at this time. "

129. Annexes 1 and 2 are as follows:

" Annex 1

Examples of waste prevention measures

Measures which may affect the framework conditions relating to waste generation

1.		the use of planning measures or other economic instruments that promote the efficiency of resource use;
2.		to promote relevant research and development with the aim of producing more environmentally friendly and less waste-intensive products and technologies, and to disseminate and use these results from research and development;
3.		development of effective and meaningful indicators of the environmental impact of waste generation as a contribution to the prevention of waste generation at all levels;

Measures which may affect the design, production and distribution phases

4.		Promotion of eco-design (systematic integration of environmental aspects into product design with the aim of improving the environmental performance of the product throughout its entire life cycle) and of reusable packaging;
5.		providing information on waste prevention techniques with a view to facilitating the use of state-of-the-art technology in industry;
6.		training measures for the competent authorities with regard to the inclusion of waste prevention requirements in the granting of permits for treatment plants and for IPPC plant;
7.		the inclusion of measures to avoid waste generation in installations not covered by Directive 2008 /1/EC, such as measures to assess the prevention of waste and to draw up plans;
8.		Awareness-raising activities or support for companies in financing, decision-making or the like, in particular measures targeted at small and medium-sized enterprises, and on proven networks of economic life Use;
9.		Recourse to voluntary agreements, consumer and producer bodies or industry-related negotiations, so that the respective companies or industries define their own waste prevention plans and targets or waste-intensive products or Improve packaging;
10.		Promotion of environmental management systems such as EMAS and ISO 14001;

Measures that may impact on the consumption and use phases

11.		Economic instruments, such as incentives for environmentally friendly purchasing or the introduction of a price to be paid by the consumer for a packaging item or part of the packaging, which would otherwise be provided free of charge;
12.		awareness-raising activities and information for the general public or a specific consumer group;
13.		Promotion of eco-labels;
14.		agreements with industry, such as the use of product bodies, for example, on the model of integrated product policy, or with the retail sector, on the provision of information on waste prevention and environmentally friendly products;
15.		Inclusion of environmental and waste prevention criteria in public and private procurement contracts, as defined in the Handbook for ecologically sound public procurement, adopted by the Commission on 29 November 2008. It was published in October 2004;
16.		the promotion of the re-use or repair of appropriate waste, in particular through the use of educational, economic, logistical or other measures such as support or establishment of centres and networks for repair and repair; Re-use, especially in densely populated regions. The creation of "green jobs" is to be considered.

Annex 2

Treatment procedure

1. recovery procedure

R1	Main use as fuel or other means of energy production 1 )
R2	Recovery/Regeneration of solvents
R3	Recycling/reclamation of organic substances which are not used as solvents (including composting and other biological conversion processes) 2 )
R4	Recycling/recovery of metals and metal compounds
R5	Recycling/recovery of other inorganic substances 3 )
R6	Regeneration of acids and bases
R7	Recovery of components used to combat impurities
R8	Recovery of catalyst components
R9	Re-oil refining or other re-use of oil
R10	Application to the soil for the benefit of agriculture or to ecological improvement
R11	Use of waste obtained from any of the processes listed in R1 to R10
R12	The exchange of waste in order to subject it to one of the procedures listed in R1 to R11 4 )
R13	Storage of waste to the application of one of the procedures listed in R1 to R12 (excluding temporary storage-to the collection-on the site of the origin of the waste)

1 )	This includes incineration plants whose purpose is to treat solid municipal waste only if their energy efficiency is at least the following:
	-0,60 for installations which are in operation and which are approved under Community legislation before 1 January 2009,
	-0.65 for installations which are approved after 31 December 2008,
	where the following formula is used:
	Energy efficiency = (ep-(ef + ei))/(0.97 x (Ew + Ef))
	Where:
	Ep the energy produced annually as heat or electricity. The value is calculated by multiplying electric energy by a factor of 2.6 and by heat generated for commercial purposes by a factor of 1.1 (GJ/year).
	Ef the annual input of energy into the system of fuels used for the production of steam (GJ/year).
	Ew the annual amount of energy contained in the treated waste, calculated on the basis of the lower calorific value of the waste (GJ/year).
	Egg the annual imported energy quantity without Ew and Ef (GJ/year).
	0.97 is a factor for the calculation of energy losses due to rust and boiler ash as well as radiation.
	This formula shall be used in accordance with the reference document on the best available techniques for waste incineration.
2 )	This includes gasification and pyrolysis using the constituents as chemicals.
3 )	This includes soil cleaning, which leads to the recycling of the soil and to the recycling of inorganic building materials.
4 )	If no other R-code is suitable for classification, this may include preparatory procedures which precede the recovery, including pre-treatment, such as disassembly, sorting, crushing, compacting, pelletizing, drying, shredding, Conditioning, re-packaging, separation, mixing or mixing before use of any of the methods listed in R1 to R11.

2. Elimination proceedings

D1	Deposits in or on the ground (e.g. landfill sites, etc.)
D2	Treatment in the soil (e.g. biological degradation of liquid or muddy wastes in the soil, etc.)
D3	Compression (e.g. compression of pumpable waste in boreholes, salt domes or natural cavities, etc.)
D4	Surface application (e.g. drainage of liquid or muddy wastes in pits, ponds or lagoons, etc.)
D5	Specially designed landfills (e.g. deposit in sealed, separate rooms which are closed and isolated from each other and against the environment, etc.)
D6	Introduction to a water body with the exception of seas/oceans
D7	Introduction into seas/oceans including seabed
D8	Biological treatment not described elsewhere in this Annex and resulting from the final compounds or mixtures which are disposed of with one of the procedures listed in D1 to D12
D9	Chemical-physical treatment not described elsewhere in this Annex and resulting from the final compounds or mixtures which are disposed of with one of the processes listed in D1 to D12 (e.g. evaporating, drying, Calcinating, etc.)
D10	Incineration on land
D11	Incineration at sea 1 )
D12	Permanent storage (e.g. storage of containers in a mine, etc.)
D13	Mixing or mixing before use of any of the methods listed in D1 to D12 2 )
D14	Repackaging prior to use of any of the procedures listed in D1 to D13
D15	Storage up to the application of one of the methods listed in D1 to D14 (except temporary storage-until collection-on the site of the origin of the waste)

1 )	Procedures prohibited by EU law and international agreements.
2 )	If no other D-code is suitable for classification, this may include preparatory procedures which precede the removal, including pre-treatment, such as sorting, crushing, compaction, pelletizing, drying, shredding, Conditioning or separation prior to use of any of the methods listed in D1 to D12. "

130. Annex 3 is deleted.

131. In Annex 6, Part 1, in the last sentence of footnote 1), the comments on part 1 shall be followed by the word order "Federal Ministry of Economics and Labour" through the phrase "Federal Ministry for Economic Affairs, Family and Youth" replaced.

Fischer

Faymann