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66. Federal Law, which amalgated the 1994 trade order

The National Council has decided:

The Industrial Order 1994-GewO 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I n ° 29/2010, is amended as follows:

1. In accordance with § 76, the following § 76a is inserted:

" § 76a. (1) In the case of host gardens which are on public grounds or are adjacent to public transport areas, no authorisation is required for the period from 8 a.m. to 11 p.m. if:

1.		they are used exclusively for the administration of food and drinks,
2.		they do not have more than 75 delivery places,
3.		speak louder than the usual discussion tone of the guests, singing and playing music by the guest operator, and making sure that the ban is permanently and clearly visible from all access points to the restaurant , and
4.		on the basis of the planned implementation, it is to be expected that the interests to be perceived in accordance with § 74 (2) are sufficiently protected and that environmental pressures (§ 69a) will be avoided; a health risk or unreasonable annoyance caused by noise In any event, it is not to be expected if the conditions mentioned in the introduction sentence and in Z 1 to Z 3 are met; a substantial impairment of the traffic within the meaning of § 74 sec. 2 Z 4 is not to be expected at any rate if the guest garden pursuant to § 82 Road traffic regulations 1960-StVO 1960, BGBl. No 159/1960, in the version in force.

(2) In the case of host gardens which are neither on public grounds nor adjacent to public transport areas, authorisation shall not be required for the period from 9 a.m. to 10 p.m., provided that the conditions laid down in (1) (1) (1) to (4) are fulfilled.

(3) The establishment of a guest garden within the meaning of paragraph 1 or of the second paragraph shall be notified to the authority in advance. This display is a document within the meaning of § 353 Z 1 lit. a to lit. c to be connected in quadruple form.

(4) If the conditions laid down in paragraph 1 or 2 are not fulfilled, the Authority shall, without prejudice to a procedure in accordance with § § 366 et seq., determine this and prohibit the operation of the host garden. The Authority shall adopt this decision no later than three months after the notification has been submitted.

(5) If the conditions referred to in paragraph 1 or paragraph 2 are repeatedly not complied with, the authority shall require the host garden holder to comply with the requirements with a procedure. If the trader does not comply with this request, the authority shall have the closure of the guest garden with a communication. Section 360 (4) of the last sentence and (5) shall apply mutatily.

(6) With the granting of an authorisation in accordance with § 81, there shall be no evidence of effectiveness in accordance with paragraph 4 or (5).

(7) Guest gardens which are operated within the meaning of paragraph 1 (1) (1) (1) to (4), but beyond the periods referred to in paragraph 1 or para. 2, require a permit if it is necessary for the protection of the interests defined in section 74 (2).

(8) In the case of guest gardens operated within the meaning of paragraph 1 or 2, § § 79 and 79a are to be applied with the proviso that the conditions and limitations of the operating time for the benefit of neighbours within the meaning of section 75 (2) and (3) are to be prescribed only to the extent that: in order to avoid a risk to the life or health of such persons.

(9) The municipality may lay down, by means of a regulation, different provisions relating to the periods laid down in paragraph 1 and paragraph 2 for such areas, which, in particular, because of their land-based dedication, their density of construction, the needs existing in them, in the The purpose of Section 113 (1) and its public institutions, such as hospitals, retirement homes, railway stations, theatres, sports grounds and parks, is to justify this special arrangement. In particular, the Regulation may also be regarded as justified in areas with special tourist facilities or expectations (tourist areas), especially until midnight. "

1a. § 77 (3) reads as follows:

In any event, the Authority shall limit emissions of air pollutants according to the state of the art (§ 71a). The provisions of a regulation in accordance with § 10 of the Immission Protection Act-Air (IG-L), BGBl, for the plant to be approved. I n ° 115/1997, as amended, shall apply. If more than 35 exceedances of the daily average value for PM have already been exceeded in the area in which a new facility or an increase in investment is to be approved 10 in accordance with Appendix 1a to the IG-L or exceeding

-		of the 10 µ g/m 3 Increased annual mean value for nitrogen dioxide according to Appendix 1a to the IG-L,
-		of the annual average value for PM 10 pursuant to Annex 1a to the IG-L,
-		of the annual average value for PM 2.5 pursuant to Annex 1b to the IG-L,
-		an immission limit laid down in a regulation in accordance with Article 3 (5) of the IG-L;
-		the half-hourly average value for sulphur dioxide according to Appendix 1a to the IG-L,
-		the average daily value of sulphur dioxide according to Appendix 1a to the IG-L,
-		the half-hourly average value for nitrogen dioxide according to Appendix 1a to the IG-L,
-		of the limit value for lead in PM 10 pursuant to Annex 1a to the IG-L or
-		a limit value according to Appendix 5b to the IG-L
or if it is to be expected by the authorisation, authorisation shall be granted only if:
1.		the emissions of the installation do not make a relevant contribution to the burden of immission; or
2.		the additional contribution shall be limited by emission-limiting conditions to the technically feasible and economically feasible extent and, if necessary, the additional emissions shall be determined by measures to reduce the immission burden, in particular: on the basis of a programme according to § 9a IG-L or a catalogue of measures pursuant to § 10 of the Immission Protection Act-Air as amended by the Federal Law BGBl. I No 34/2003, so that in a realistic scenario, in the long term, no further exceedances of the values referred to in this paragraph are to be adopted as soon as these measures have become effective. "

1b. In § 79 (4), first sentence, before the word order "to be informed" the word "if necessary" inserted.

2. According to Article 84i, the following section is inserted:

" 8c. Safety and health at construction sites

§ 84j. (1) In order to protect safety and health on construction sites, traders who themselves carry out a professional activity on the construction site shall comply with the following requirements:

1.		§ 15 ASchG, BGBl. No 450/1994 in the BGBl version. No 147/2006, on condition that they are also responsible for the safety and health of persons affected by their actions and omissions and Annex IV to Directive 92 /57/EEC on the time-limit for the Minimum safety and health requirements for safety and health in the version OJ C 327, 28.4.2002, p. OJ L 165, 27.06.2007 p. 21,
2.		§ 33 (2) to (4) and § 38 ASchG, BGBl. No. 450/1994, § 3 (1) and § 16 of the Labour Ordinance, Federal Law Gazette (BGBl). II No 164/2000, as well as the relevant provisions of Annexes I and II to Directive 2009 /104/EC on the minimum health and safety requirements for the use of work equipment by workers in the version OJ L 327, 30.4.2009, p. OJ L 260, 03.10.2009 p.5, and
3.		§ 69 (2), (4) and (5) and § 70 (1), (2), (4) and (5) ASchG, BGBl. No. 450/1994.

(2) In order to protect safety and health on construction sites, tradesmen have the same meaning as those referred to in paragraph 1 (1) (1) (1) to (3) and Section 8 (1) of the ASchG, Federal Law Gazette (BGBl). No 450/1994 in the BGBl version. No 147/2006, and Section 3a of the Bauarbeiterschutzverordnung-BauV, BGBl. No 340/1994 in the BGBl version. II No 256/2009.

(3) The trader shall have the instructions of the construction site coordinator (Section 2 (7) of the Construction Workers ' Coordination Act, BGBl. I No 37/1999, as amended by the BGBl version. I No 159/2001).

(4) Construction sites within the meaning of paragraphs 1 and 2 are temporally limited or site-changing execution sites where building and civil engineering works are carried out. This includes, in particular, the following work: excavation, earthwork, construction work in the narrow sense, construction and dismantling of prefabricated elements, equipment or equipment, reconstruction, renovation, repair, dismantling work, demolition work, maintenance, Maintenance, painters and cleaning work, rehabilitation. "

2a. § 94 Z 43 reads as follows:

" 43.		Bodywork and bodywork artisans; motor vehicle technology (related craft) "

3. § § 106 (5), 116 (6), 130 (9), 144 (4), 146 (1) and 147 (2) and 147 (2) and (3) respectively, shall be used to: "Federal Police Agency" by the word "Federal Police Directorate" replaced.

4. § 112 (3).

5. In Section 113 (3) (4) and (5), the word shall be "Federal Police Authorities" by the word "Federal Police Directorates" , the following sentence shall be added to Section 113 (6) of the following sentence:

"This does not apply to guest gardens."

6. In § 120 (1), second sentence, the word order shall be "certain activities" through the phrase "administrative activities, in particular activities of the fire police, construction police or similar activities" replaced and after the word "true" the following phrase is added:

"and require the establishment in Austria for this purpose."

7. § 121 (1) (2) and (3) reads:

" 2.		in the case of natural persons, the nationality of an EEA Contracting Party and their place of residence in an EEA State Party,
3.		in the case of registered partnerships, the nationality of an EEA Contracting Party of the members of the bodies appointed to represent the legal representation or of the members of the managing and representation office and their residence in a Member State of the European Economic Area EEA State Party and "

7a. § 150 (12), (13), (15) and (19) are:

" (12) A commercial authorization for commercial vehicle technology (§ 94 Z 43) requires without prejudice to the rights of other tradesmen (metal technology for smiths and vehicle construction, bodywork and bodywork armouring, metal technology for land-based vehicles). and construction machinery) for the production and repair of motor vehicles (engines and chassis) and of their electrical and electronic equipment. Motor vehicle technicians are also responsible for the activities of metal technology for metal and mechanical engineering, metal technology for blacksmiths and vehicle construction, bodywork and bodywork finishing technicians, metal technology for agricultural and construction machinery, as well as the tapezer and saddler on motor vehicles.

(13) Metal technicians for land and construction machinery (§ 94 Z 59) are also entitled to exercise the activities of motor vehicle technicians (§ 94 Z 43) and the mechatronic technician for machinery and manufacturing technology (§ 94 Z 39).

(15) Mechatronics technicians for machinery and manufacturing technology (§ 94 Z 49) are also responsible for the repair of motorcycles, for the performance of the metal and mechanical engineering industries (§ 94 Z 59), the metal technology for agricultural machinery and construction machinery (§ 94 Z 59), the mechatronics technician for electronics, office and computer systems technology (§ 94 Z 49) and the mechatronic technician for electrical engineering and automation (§ 94 Z 49) as well as the activities of the refrigeration and air-conditioning technicians (§ 94 Z 37). Mechatronics technicians for electrical engineering and automation (§ 94 Z 49) are also entitled to carry out the activities of the refrigeration and air-conditioning technicians (§ 94 Z 37) and the activities of the communication electronics technicians (§ 94 Z 39). Mechatronics technicians for electronics, office and computer systems technology are also entitled to carry out the activities of the refrigeration and air-conditioning technicians (§ 94 Z 37) as well as for the performance of the activities of the communication electronics technicians (§ 94 Z 39). The tradesmen who are entitled to exercise one of the trades listed in § 94 Z 49 are without prejudice to the rights of the trader who are entitled to pursue the business of electrical engineering (§ 94 Z 16) to the connection of the trader himself shall be entitled to existing and sufficiently dimensioned power supply lines, as well as of the equipment itself.

(19) Metal technicians for metal and mechanical engineering (§ 94 Z 59) are entitled, without prejudice to the rights of the master builders, to carry out the metal construction work within the framework of a construction project led by a master builder. The metal technicians for metal and mechanical engineering can also plan and do without the construction management of a master builder, which only requires simple static calculations. Metal technicians for metal and mechanical engineering are also entitled to repair motorcycles as well as to carry out the trades of mechatronics technicians for machinery and manufacturing technology (§ 94 Z 49) and metal design (§ 94 Z 51). "

8. § 336 (1) reads:

" The Federal Police and the bodies of the Public Security Service have, by means of measures to prevent the threat of administrative transgressions and measures necessary for the initiation of administrative criminal proceedings, in the field of enforcement § § 366 (1) Z 1, 2, 3, 3a, 367 Z 35, 50 and 51, 366b and 367a as well as in the event of non-compliance with the provisions on blocking hours (§ 113). "

9. In § 336, the previous paragraph 3 is given the name "(4)" and shall be inserted in the following paragraph 3:

"(3) The bodies of the public security service referred to in paragraph 1 shall have the same level of participation in the enforcement of § 368, provided that they are the periods or conditions set out in § 76a (1) or (2)."

10. In § 337 (1) the expression "112 (3)" by the expression "76a (9)" replaced.

10a. In § 351 (2), second sentence, the word order shall be "Technical Offices-Engineering Offices (Consultative Engineers)" through the phrase "Engineering Offices (Consultative Engineers)" replaced.

11. In § 366 (1) the following Z 3a is inserted after Z 3:

" 3a.		operate a guest garden, contrary to a communication pursuant to Section 76a (4) or (5); "

12. In § 367 the following Z 24a is inserted after Z 24:

" 24a.		contrary to § 76a (3), does not indicate the operation of the guest garden; "

13. In § 367 the following Z 57a is inserted after Z 57:

" 57a.		not comply with bids or prohibitions laid down in the provisions referred to in Article 84j (1) and (2); "

14. In § 373a (5) Z 2, after the expression "53," the expression "55," inserted.

15. The following Z 50 and Z 51 are added to § 376:

" 50.		On the day of the entry into force of the Federal Law BGBl. I n ° 66/2010 pursuant to this Federal Act already approved gas gardens are to be applied in accordance with Section 76a (4) and (5) with the proviso that the undersawing of the holding or the closure of the host garden does not fall within the scope of the already existing Approval is intervened.
51.		On the basis of § 112 paragraph 3 GewO 1994 in the version before the Federal Act BGBl. I n ° 66/2010, regulations are deemed to be regulations in accordance with Section 76a (9); for amendments or repeals of such regulations, § 76a (9) shall be applicable. "

16. The following paragraphs 42 and 43 are added to § 382:

" (42) § 76a, § 77 (3), § 79 (4), § 84j, § 94 Z 43, § 106 (5), § 113 (4) to 6, § 116 (6), § 120 (1), second sentence, § 121 (1) Z 2 and 3, § 130 (9), § 144 (4), § 146 (1), § 147 (2) and (3), § 150 (12), 13, 15 and 19, § 336 Paragraph 1, § 336 (3) and (4), § 337 (1), § 351 (2), § 366 (1) Z 3a, § 367 Z 24a, § 367 Z 57a, § 373a (5) Z 2 and § 376 Z 50 and Z 51, in the version of the Federal Law BGBl. I n ° 66/2010, enter into force on the day following publication in the Federal Law Gazette; at the same time, Section 112 (3) of the Federal Law Gazette (BGBl) is replaced by the Federal Law Gazette. I No 39/2010.

(43) By the Federal Law BGBl. Directive 92/57/EEC on the minimum safety and health requirements applicable to temporary or mobile construction sites, OJ L 327, 22.12.2010, p. OJ L 245, 26.08.1992 p. 6, as last amended by Directive 2009 /104/EC, OJ L 245, 29.8.2009, p. OJ L 260, 03.10.2009, p. 5.

Fischer

Faymann