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Change Of The Chemicals Act Of 1996 And The Biocidal Products Act

Original Language Title: Änderung des Chemikaliengesetzes 1996 und des Biozidproduktegesetzes

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109. Federal law amending the Chemicals Act 1996 and the Biocidal Products Act

The National Council has decided:

Article 1

Amendment of the Chemicals Act 1996

The Chemicals Act 1996 (ChemG 1996), BGBl. I n ° 53/1997, as last amended by the Federal Law BGBl. I n ° 14/2015, shall be amended as follows:

1. In the table of contents, in the entry to § 20, after the word "Chemicals" the following text is replaced by a stroke, and the following phrase is corrected as follows: "Persistent organic pollutants and mercury" .

2. In the table of contents, after the line " § 41. Levy and acquisition of poisons " the rows " § 41a. Poison reference certificate-Procedure " and " § 41b. Subject matter " inserted.

3. In the table of contents the entry is to § 42:

"Poison Reference Permissions and their Evidence"

4. In the table of contents there is no entry to § 49.

5. In § 2 the following Z 9 is inserted after Z 8:

" 9.

For the term "biocidal product", the term "biocidal product" shall apply in Article 3 (1). a of Regulation (EU) No 528/2012 on the making available on the market and use of biocidal products (hereinafter referred to as the Biocidal Products Regulation), OJ L 136, 31.5.2012, p. No. OJ L 167, 27.06.2012 p. 1.

6. In Section 3 (1), the quotation shall be quoted in the subsection " OJ No. L 235 of 5. 9. 2009, p. 1 " by quoting " OJ No. OJ L 353, 31.12.2008 p. 1 " replaced.

7. § 4 (1) Z 3 reads:

" 3.

Hazard class: aerosols "

8. § 4 (1) Z 5 reads:

" 5.

Hazard class: gases under pressure "

9. § 4 (1) Z 13 reads:

" 13.

Hazard Class: Oxidising Liquids "

10. § 4 (1) Z 14 reads:

" 14.

Hazard class: oxidising solids "

11. § 4 (1) Z 16 reads:

" 16.

Hazard class: Corrosive to metals "

12. § 4 (1) Z 18 reads:

" 18.

Hazard class: Ätz-/irritable effect on the skin "

13. § 4 (1) Z 28 reads:

" 28.

Hazard class: The ozone layer is harmful "

14. In Section 5 (2) (3), the word order shall be " Directive 2006 /12/EC on waste, OJ L 114, 27.4.2006 No. OJ L 114, 27.4.2006, p. 9 through the phrase " Directive 2008 /98/EC on waste and repealing certain Directives, OJ L 327, 31.12.2008, p. No. 3, as last amended by Regulation (EU) No 1357/2014, OJ L 312, 22.11.2008, p. No. OJ L 365, 19.12.2014 p. 89 " replaced.

15. In § 5 para. 3 Z 3 the expression "Directive 2006 /12/EC" by the expression "Directive 2008 /98/EC" replaced.

16. In accordance with § 5 (3) Z 4 the following Z 4a is inserted:

" 4a. Plant protection products (Art. 2 of Council Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market and repealing Council Directives 79 /117/EEC and 91 /414/EEC, OJ L 139, 30.4.2009, p. No. OJ L 309, 24.11.2009 p. 1, as last amended by Regulation (EU) No 652/2014, OJ L 136, 31.5.2014, p. No. 1), with the exception of measures pursuant to section 46 (3) in the handling of and use of poisons as defined in § 35 as a gassing agent, "

17. § 5 para. 3 Z 5 lit. c is:

" (c)

cosmetic products within the meaning of Regulation (EC) No 1223/2009 on cosmetic products, OJ L 327, 31.12.2009, p. No. OJ L 342, 22.12.2009, p. 59, "

18. § 5 para. 3 Z 5 lit. e is:

" e)

Food or feed within the meaning of Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down rules for the establishment of the European Food Safety Authority and the European Food Safety Authority Food safety procedures, OJ L 327, No. OJ L 31, 1.2.2002, p. 1, as last amended by Regulation (EU) No 652/2014, OJ L 136, 31.5.2014, p. No. OJ L 189, 27.06.2014 p. 1, including the use of

aa)

as a food additive within the scope of Regulation (EC) No 1333/2008 on food additives, OJ L 327, 31.12.2008, p. No. 16), as last amended by Regulation (EU) No 1093/2014, OJ L 327, 31.12.2008, p. No. OJ L 299, 17.10.2014 p.22,

bb)

as flavouring in foodstuffs within the scope of Regulation (EC) No 1334/2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000 /13/EC, OJ L 327, 30.12.2008, p. No 354, 31.12. 34, as last amended by Regulation (EU) No 1098/2014, OJ L 206, 22.7.2014, p. No. OJ L 300, 18.10.2014 p. 41,

cc)

as feed additives within the scope of Regulation (EC) No 1831/2003 on additives for use in animal nutrition, OJ L 327, 30.11.2003, p. No. OJ L 268, 18.10.2003 p. 29, as last amended by Regulation (EU) 2015/327, OJ L 327, 28.12.2003, p. No. L 58, 03.03.2015 p. 46, or

dd)

in feedingstuffs within the scope of Regulation (EC) No 767/2009 concerning the placing on the market and use of feedingstuffs, amending Regulation (EC) No 1831/2003 of the European Parliament and of the Council and repealing the Council Directives 79 /373/EEC, 80 /511/EEC, 82 /471/EEC, 83 /228/EEC, 93 /74/EEC, 93 /113/EC, and 96 /25/EC of the Council and Commission Decision 2004 /217/EC, OJ L 73, 27.3.1997.. No. 1), as last amended by Regulation (EU) No 939/2010, OJ L 297, 21.11.2010, p. No. OJ L 277, 21.10.2010 p. 4.

19. In § 5 (4), § 37 (2), first sentence, § 41 (1), § 43 (1), first sentence, § 44 (1), § 45 (1), § 46 (1), § 48, § 67 (1) Z 11 and 12, § 71 (1) Z 26, 27 and 30, as well as in Section 77 (9), the term " "§ 35 Z 1" by the expression "§ 35" replaced.

20. The following paragraph 5 is added to § 5:

" (5) On substances and mixtures which are to be qualified as biocidal products, this federal law shall not be applied in so far as regulations in accordance with the Ordinance on Biocidal Products or Biocidal Products (Biocidal Products) or Biocidal Products Act, BGBl. I No 105/2013. "

21. § 6 (4) and (5) reads as follows:

" (4) The Federal Minister for Agriculture, Forestry, Environment and Water Management has for the determination of a substance for a measure pursuant to paragraph 2 Z 5, 6 or 7 or § 7 para. 2 Z 1 lit. a, where necessary, to carry out appropriate investigations; the information available to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in particular from the data of registration dossiers, shall be obtained; and relevant chemical safety reports and available information on uses in the workplace, indications that a particular substance is used by manufacturers, importers or downstream users in Austria, they shall have the following information on the Federal Minister for Agriculture, Forestry, Environment and Water management, on request, to indicate whether it is using this substance and, if necessary, to provide more information on the quantities and uses used. On the basis of the data available, or as an appropriate follow-up to a substance assessment pursuant to Section 2 (2) (3), the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Health, the Federal Minister for Health, the Federal Minister for Science, Research and Economy and the Federal Minister for Labour, Social Affairs and Consumer Protection to decide whether a dossier has been submitted in accordance with paragraph 2 (2) (5), (6) or (7) or § 7 (2) (2) (1) (lit). A dossier of this kind can also be worked out together with other EEA States Parties.

(5) In the interest of active participation in the implementation of the REACH Regulation, taking into account available resources, the drawing up of at least one dossier to be submitted to ECHA from the categories referred to in paragraph 2 (5), shall be drawn up annually, 6 or 7. In so far as this objective is achieved, the preceding introduction of a dossier in accordance with § 7 para. 2 Z 1 lit. a is required to ensure the timely introduction of such products. The submission of a dossier may also be carried out jointly with other EEA States Parties in a lead-leading or co-operating role. "

22. § 7 para. 2 Z 1 reads:

" 1.

Classification measures:

a)

submission of proposals for the harmonised classification and labelling in accordance with Article 36 (1) or (3) in conjunction with Article 37 (1) of the CLP-V,

b)

Introduction of the provisional classification dossiers for active substances of plant protection products and biocidal products according to Article 36 (2) of the CLP-V to ECHA, which is carried out by the German Federal Office for Food Safety (BAES) and Biozidrecht ("Federal Office for Food Safety") national competent institutions in the context of the evaluation of the active substance, and made available to the Federal Minister for Agriculture, Forestry, Environment and Water Management in the format required by Art. 37 (1) last sentence of the CLP-V "

23. The heading to § 20 reads:

"The export and import of dangerous chemicals; persistent organic pollutants and mercury".

24. In § 30 (3) and § 32 (1), the parenthesis shall be "(Section 2 (7))" by the parenthesis expression "(§ 2 Z 7)" replaced.

25. § 35 reads:

" § 35. Poisons within the meaning of this section shall be substances and mixtures which shall be classified and marked as follows in accordance with Article 4 of the CLP-V:

1.

"acute toxicity" of categories 1 or 2 with the pictogram GHS06 (symbol "skull with crossed bones") and at least one of the following hazard warnings

-

"Danger of life when swallowed" (H300)

-

"Life risk in skin contact" (H310)

-

"Danger of life in inhalation" (H330),

2.

"acute toxicity" of category 3 with the pictogram GHS06 (symbol "skull with crossed bones") and at least one of the following hazard warnings

-

"Toxic in swallowing" (H301)

-

"Toxic in skin contact" (H311)

-

"Toxic in inhalation" (H331)

or

3.

Specific target organ toxicity (one-off exposure) of category 1 with the GHS08 pictogram ("Health hazard" symbol) and the hazard warning

-

"Damage the organs (all the organs concerned, if known) (indicating the route of exposure, provided that there is conclusive evidence that there is no other route of exposure)" (H370).

Mixtures which are still classified and labelled with very toxic and toxic substances on the basis of the transitional provision of section 61 (4) of the CLP-V shall be regarded as poisons within the meaning of § 35 until 31 May 2017. "

26. In § 37 (2), the second sentence is deleted; in the last sentence, the word order is deleted. " and for plant protection products, the placing on the market according to the Plant Protection Products Act 2011 (Art. 1 of the Federal Law, by which a Plant Protection Act 2011 and a Plant Protection Act 2011 are enacted-Agricultural Law Amendment Act 2010, BGBl. I No 10/2011). .

27. In § 39 (1), the word "Vergiftungszentrale" by the word "Vergiftungsinformationszentrale" replaced.

28. In § 39 (2), the last sentence is:

"This does not apply to substances or mixtures which have already been reported in accordance with § 37."

29. § 41 (3) Z 1 reads:

" 1.

Owner

a)

a poison reference in accordance with § 42,

b)

A Giftbetract authorisation in accordance with Section 42 (1) in the version of the Federal Law BGBl. I n ° 14/2015 or in accordance with Section 1 (4) of the Biocidal Products Act BGBl. I n ° 105/2013, in the version before the Novelle BGBl. I n ° 109/2015 in conjunction with Section 42 (1) as amended by the Chemicals Act BGBl. I No 14/2015 or

c)

a certificate for the purchase of poisons in accordance with § 41 (3) Z 6 in the version of the Federal Law BGBl. I n ° 14/2015 or in accordance with § 1 (4) of the Biocidal Products Act, BGBl. I n ° 105/2013, in the version before the Novelle BGBl. I n ° 109/2015 in conjunction with Section 41 (3) Z 6 in the version of the Chemicals Act BGBl. I No 14/2015, "

30. § 41 (3) Z 2 lit. a is:

" (a)

Universities, private universities, universities of teacher education, private pedagogical universities and universities of applied sciences, "

31. § 41 (3) Z 2 lit. d is:

" (d)

Services in the department of the Federal Ministry of Defence and Sport, to the extent that they require toxins to fulfil their legal duties and "

32. In Section 41 (3), the word "and" at the end of Z 5 replaced by a dash and insert the following Z 5a:

" 5a.

Establishments and other bodies of the local authorities which are responsible for the conservation of water and the disposal of waste water, as well as special purpose associations, provided that they need these toxins for analytical purposes and "

33. § 41 (3) Z 6 reads:

" 6.

on presentation of a certificate issued by the district administrative authority in accordance with § 41a other self-employed professional users,

a)

require the poisons within the meaning of § 35 to carry out the duties in the context of the business practice or of any agricultural or forestry activity or any other independent professional activity; and

b)

For those in the area where poisons are used, at least one permanently employed person is available:

aa)

which has been shown to have undergone a professional training in this area for the handling of the poison used, or the knowledge required for the correct and safe handling of poisons according to § 41b 1 in conjunction with Section 41b (2);

bb)

the knowledge of the measures of the First Aid according to § 41b para. 1 Z 2. "

34. § 41 (4) reads:

" (4) Confirmations in accordance with paragraph 3 Z 2 lit. a are from the rectorate of the university or the Rectorate of the pedagogical university, from the management of the private university or from the management of the university of applied sciences or from one of the rectorate or Person authorised by the management, confirmations in accordance with paragraph 3 Z 2 lit. b to e to be issued by the competent supervisory authority. A copy of the confirmation referred to in paragraph 3 (2) (2) (a), (b), (c) and (e) shall be sent to the district administrative authority. "

35. § 41 (5) deleted.

36. According to § 41, the following § § 41a and 41b shall be inserted together with the headings:

" Toxic-reference certificate-Procedure

§ 41a. (1) In order to obtain a certificate pursuant to section 41 (3) Z 6, the company or to report to the self-employed professional user a notification to the district administrative authority responsible pursuant to paragraph 5. The notification must be underwritten by the person authorised to represent the outside world and shall contain the following information on the basis of the documents referred to in paragraph 2:

1.

the business division or the name of the professional activity carried out (e.g. type of business, civil engineer);

2.

the intended use of the poison; if the required poisons are used exclusively for analytical purposes, this should be explicitly stated;

3.

the name of the poison (for substances: chemical name or name of the group of substances; in the case of mixtures: the type of product (e.g. extractant, pickling paste) and technical function (e.g. corrosion inhibitor), indicating the "toxic" ingredient or the "toxic" ingredients in accordance with § 35); if the required poisons are used exclusively for analysis purposes, a collective name (e.g. analytical standards) may be used instead of the name of each of the poisons;

4.

the name and the functional designation of at least one person in the operating area in which poisons are used, permanently employed:

a)

which has been shown to have undergone, with regard to this area, professional training in relation to the handling of the poison used, or the knowledge necessary to ensure the correct and safe handling of poisons in accordance with § 41b (1) (1) (1) in conjunction with Section 41b (2);

b)

the knowledge of the measures of the First Aid according to § 41b para. 1 Z 2.

(2) The notification referred to in paragraph 1 shall be connected:

1.

Proof of qualification for professional practice (e.g. commercial authorization, proof of the exercise of a specific agricultural or forestry branch, civil engineering authority);

2.

for the person named pursuant to paragraph 1 (1) (4) in this respect, the appropriate evidence of the knowledge required for the correct and safe handling of poisons in accordance with § 41b (1) (1) (1) (proof for the conclusion of a suitable person) school or university education; proof of completion of a course on the required knowledge of the subject) or proof of completion of a corresponding vocational training with regard to the handling of the poison used in accordance with § 41 Paragraph 3 Z 6 lit. b sublit. aa or a training recognised as equivalent;

3.

in respect of the person referred to in paragraph 1 (4), the proof of knowledge of first aid measures; alternatively, this evidence may also be provided for another person who is permanently employed and available in the field of operation, who: possess sufficient knowledge of the measures of the First Aid pursuant to Section 41b (1) (2) of the German Federal Law on Safety and Health at Work (Bundesgesetz-ASchG), as well as training as first responders pursuant to Article 26 (3) of the Federal Law on Safety and Health at Work, BGBl. No. 450/1995, idF BGBl. No 457/1995 (DFB) or any other equivalent training);

4.

the sections of the safety data sheet relevant to identification, classification and composition of the poison to be recorded in accordance with paragraph 1 (3) (at least sections 1 to 3). This shall not apply if the required poisons are used exclusively for analysis purposes.

(3) The District Administrative Authority shall:

1.

after verification, if the necessary information and documents have been received, the holding or the holding, to issue immediately a certificate in accordance with section 41 (3) Z 6 to the self-employed professional user;

2.

in the event of a lack of information or documents, to inform the person of the notification, stating the necessary additions and corrections, and to grant him a reasonable period of time to remedy the defect;

3.

in the certificate, to state explicitly that the holding or the self-employed professional user is entitled to the reference of certain poisons, which poisons-in the case of roll-call guidance of the toxins-may be used for which purpose of use, and the name of the person referred to in paragraph 1, Z 4 lit. a registered person; if the required poisons are used exclusively for analytical purposes, a collective name (e.g. analytical standards) may be used instead of the name of each of the poisons;

4.

to withdraw the certificate when the holding or the self-employed professional user no longer needs the poisons and the district administrative authority is not returned to the certificate;

5.

to make a corresponding change to the certificate, following a notification of changed conditions in accordance with paragraph 4;

6.

maintain the register in accordance with section 42 (10) at the current level.

(4) Insofar as the information referred to in paragraph 1 (1) to (4) is no longer appropriate and the holding or operation, or other self-employed professional users continue to require toxins in the course of their professional use, the amended requirements of the district administrative authority shall be notified without delay.

(5) The district administrative authority is responsible in the local area of operation of which the establishment is situated or the self-employed professional user pursues his permanent professional activity; in the case of a number of premises, this is the local administrative authority responsible for the respective establishment.

Subject

§ 41b. (1) A person shall be considered knowledgeable if it is proven that:

1.

which has the necessary knowledge of the appropriate and safe handling of poisons, and

2.

has the knowledge of first aid measures.

(2) A person shall have the knowledge required in accordance with paragraph 1 (1) (1) if:

1.

has successfully completed a suitable school, university or qualified job-specific training, or

2.

has acquired this knowledge through the course of a course.

For the reference and use of poisons within the meaning of § 35 as a means of wine treatment, corresponding training courses and courses for the wine industry are also valid, which are provided by the relevant institutions of the federal or state (agricultural chambers of the ) and relevant specialist schools, as proof of the knowledge required in accordance with paragraph 1 (1) (1).

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in agreement with the Federal Minister for Science, Research and Economic Affairs and the Federal Minister for Labour, Social Affairs and Consumer Protection, by Regulation set out in detail

1.

what requirements are placed on a course referred to in paragraph 2 (2) and, where appropriate, refresher measures; in so doing, it is also empowered to do so for certain professional activities, in so far as it is technically justifiable; to set courses tailored to the relevant occupational situation in relation to the typically used poisons and to recognise certain qualifications as equivalent,

2.

which school, university and qualifiers are to be recognised as proof in accordance with section 2 (1) of the second subparagraph; and

3.

the knowledge of first aid measures and the nature of their proof, in particular in the form of relevant courses.

(4) The qualification certificate for the use of toxins, which is regulated in the implementing laws of the Länder in respect of the use of toxins, shall also be considered as a means of protecting plants and plant products as a means of protecting plants and plant products in accordance with § 35. Proof of the knowledge required in accordance with paragraph 1. This applies to professional users within the meaning of Article 3 of Directive 2009 /128/EC establishing a framework for Community action to promote the sustainable use of pesticides, OJ L 327, 22.12.2009, p. No. OJ L 309, 24.11.2009 p. 71, as last amended by Regulation (EU) No 652/2014, OJ L 136, 31.5.2014, p. No. 1., pending the introduction of a corresponding training certificate (for the use of plant protection products) within the meaning of Article 5 of this Directive, in accordance with the implementing laws of the countries concerned with the statutory statutory provisions Determination of § 13 of the Plant Protection Products Act 2011. From that date until the end of 25 November 2015, this certificate of training shall be valid for the professional user as proof of the knowledge required. "

37. The title of § 42 reads:

"Poison Reference Permissions and their Evidence"

38. § 42 (1) to (3) reads:

" (1) Private users shall require a poison certificate issued by the Authority for the purpose of the receipt of poisons within the meaning of Section 35. This entitles the person to the unique reference of a certain quantity of one or more poisons in accordance with § 35. For biocidal products (Art. 3 para. 1 lit. (a) the biocidal product regulation), which are the poisons within the meaning of § 35, shall not be issued with a certificate of poison.

(2) The granting of a grant of a toxin pursuant to para. 1 shall be requested from the local district administrative authority. In any case, the application shall contain:

1.

the name and address of the applicant;

2.

the name of the poison (for substances: chemical name or name of the group of substances; in the case of mixtures: the type of product (e.g. extractant, pickling paste) and technical function (e.g. corrosion inhibitor), indicating the "toxic" ingredient or the "poisonous" ingredients according to § 35),

3.

information on the intended use of the poison and the need for the reference, as well as information on the assessment of the conditions set out in paragraph 4;

4.

the required quantity of the poison and

5.

the proof of the necessary expertise and knowledge of measures of the first aid in accordance with § 41b.

(3) Local authority shall be the district administrative authority of the place of residence of the applicant. "

39. In the section of section 42 (4), the phrase shall be "The Giftbeholder" through the phrase "The Poisoner's Ticket" replaced.

40. In § 42 paragraph 4 Z 1 lit. a will be the number "19" by the number "18" replaced.

41. In § 42 paragraph 4 Z 1 lit. b becomes after the word "knowledgeable" the phrase "according to § 41b" inserted.

42. In § 42 (4) (2), the word order shall be "the Giftbetract authorisation" through the phrase "the Giftbewithdrawal" replaced.

43. § 42 (5) deleted.

44. In the second sentence of Section 42 (6), the word order shall be "or omission according to § § 180 to 183" through the phrase "against body and life according to § § 75 to 95" replaced.

45. In the first sentence of Section 42 (7), the word order shall be "The Giftbeholder" through the phrase "The Poisoner's Ticket" replaced; the second sentence is deleted.

46. § 42 (8) and (9) reads as follows:

" (8) The validity of a poison payment certificate shall expire after three months after the date of the date of the exhibition.

(9) Poisoner's licenses within the meaning of Section 42 (1) of the BGBl version. I n ° 14/2015 and confirmations pursuant to § 41 (3) Z 2 retain their validity until the expiry of their period of validity. The district administrative authority may, on its own account, amend or withdraw such a licence for the right to poison, if the conditions for its grant are no longer fulfilled or the requirements imposed are not fulfilled. "

47. In § 42 (10), after the word "Giftbefting permits" the phrase " in the sense of § 42 in the version BGBl. I No 14/2015 " inserted; the phrase "Confirmations pursuant to § 41 para. 3 Z 2" is due to the phrase " Confirmations according to § 41 para. 3 Z 2 lit. a to c and e " replaced; after the expression "§ 41 para. 2 Z 1" the phrase 'and (3) (4), which indicates the exact wording of the permits'; through the phrase 'and (3), (4) and (5a), acquitions acquired under the relevant legislation' replaced.

48. In § 42 (11), after the word order "Environment and water management" the phrase "in agreement with the Federal Minister for Science, Research and Economy, the Federal Minister for Health and the Federal Minister for Labour, Social Affairs and Consumer Protection" inserted and the phrase "the Giftbetract permits, the requests required, the confirmations pursuant to § 41 (3) (2) and the certificates pursuant to § 41 (3) (6)" through the phrase "the notifications and certificates according to § 41a, the poison payment certificate according to § 42 and the required application, the confirmations in accordance with § 41 para. 3 Z 2" replaced.

49. In § 43 (1), the third and fourth sentences are deleted.

50. In § 44 (1), the fifth sentence of the expression "§ 42 (5)" by the expression "§ 41b" replaced.

51. In § 44 (2) the word "Third" by the word "fifth" replaced.

52. In § 45 (1), the second sentence is deleted.

53. § 45 (3) and (4) reads as follows:

" (3) The supply of poisons according to § 35 to the general public in the mail-order trade or through other direct marketing methods, by vending machines as well as by other forms of self-service is prohibited. This shall be without prejudice to the relevant provisions for plant protection products in the plant protection product law.

(4) As far as it serves, taking into account the state of the art (§ 2 Z 7), the avoidance of dangers and risks for the life or health of humans in the sense of the protection objectives of this federal law, the Federal Minister for Land-and Forestry, the environment and water management in agreement with the Federal Minister of Health, the Federal Minister for Science, Research and the Economy and the Federal Minister for Labour, Social Affairs and Consumer Protection by Regulation also for certain other dangerous substances and mixtures referred to in paragraph 3 Restrictions of the levy in self-service and under certain conditions also provide for exceptions. Where necessary, special security arrangements, in particular a marking of sales areas or areas, may also be laid down for a permitted charge by means of self-service. This shall be without prejudice to the relevant provisions for plant protection products in the plant protection product law. "

Section 46 (2) reads as follows:

" (2) Poisons according to § 35 may only be used by a person who has been verifiably acquired in accordance with Section 41 (3) (6) (6) of a professional vocational training with regard to the handling of the poison used or the knowledge required pursuant to § 41b (1) (1) (1) in conjunction with Section 41b (2) and-without prejudice to the option provided for in § 41a (2) (3)-knowledge of measures of the First Aid pursuant to Section 41b (1) (1) (2). A person who does not fulfil these conditions may use these poisons only if it is demonstrably proven by a person in the sense of the first sentence in relation to the specific poisons. The instruction shall be adapted to the state of knowledge on a regular basis, but at least once a year. Article 14 (4) of the ASchG is to be applied in a reasonable way. The instruction can also be made in writing (e.g. on the basis of a written instruction manual, which includes the dangers posed by the poison, the necessary protective measures and codes of conduct, as well as first aid measures). In the case of written instructions, Section 14 (5) of the ASchG shall apply in a reasonable way. In the case of the use of poisons, it shall be ensured that, in the area under consideration, a person is present who has the appropriate knowledge of the measures of the First Aid within the meaning of Section 41b (2). "

55. In § 46 (3), the atrocity at the end of the Z 4 is given by the word "and" replaced; Z 5 is deleted; in Z 6 the word order is deleted "Measures of First Aid or" .

56. In § 46 (3), the last sentence is deleted.

57. (Determination of the principles) § 49 with headline is deleted.

58. In § 67 (1) Z 9, after the word "Packaging defects" the phrase "according to this federal law or the CLP-V" inserted.

59. In § 67 (1) Z 12, the phrase "outside of premises" through the phrase "to the general public in the mail order trade or through other direct marketing methods" replaced.

60. In § 68 (1), last sentence, the expression "§ 21 VStG" by the expression "Section 50 (5a) of the VStG" replaced.

61. In Section 70 (1), the phrase "§ § 21 to 26" through the phrase "§ § 21 to 25" replaced.

62. § 71 (1) Z 29 reads as follows:

" 29.

In contrast to § 45, toxins are to be delivered to the final consumer or are contrary to a regulation adopted pursuant to Article 45 (4) of this Regulation, "

63. In § 71 (1) Z 30, after the word order "one according to" the phrase "§ 41b (3) or" inserted.

64. In § 71 (1) the following Z 30a is inserted after Z 30:

" 30a.

does not comply with the reporting obligation pursuant to Section 41a (4), "

65. In the final part of Section 71 (1), the phrase "if the crime is not punishable by a court sentence" through the phrase "provided that the action does not constitute the offence of a criminal offence falling within the jurisdiction of the courts" replaced.

66. In Section 71 (2), the phrase "if the deed does not threaten with judicial punishment" through the phrase "provided that the action does not constitute the offence of a criminal offence falling within the jurisdiction of the courts" replaced.

67. In Section 73 (3), the expression "§ 71" by the expression "§ 67 (1)" replaced.

(68) The following paragraph 5 is added to § 76:

"(5) Until the entry into force of the Federal Law BGBl I No. 109/2015, establishments and other self-employed professional users for substances and mixtures classified as" acute toxicity " of category 3 may submit a notification in accordance with § 41 (5) in the Version BGBl. I n ° 14/2015 under the conditions laid down there. "

69. In § 77, the German Federal Law Gazette of the 2nd Stability Act 2012, BGBl, is awarded with Art. 70 Z 2 of the 2nd Stability Act. I n ° 35/2012, paragraph 6 added to the sales designation "(10)" .

70. § 77 (9) deleted.

71. The following paragraphs 14 to 18 are added to § 77:

" (14) The entries relating to § 20, § 41a, § 41b and § 42 of the Table of Contents, § 2 Z 9, the entry section of § 3 paragraph 1, § 4 paragraph 1 Z 3, 5, 13, 14, 16, 18 and 28, § 5 paragraph 2 Z 3, § 5 paragraph 3 Z 3, § 5 Abs. 3 Z 5 lit. c and e, § 5 para. 4 and 5, § 6 para. 4 and 5, § 7 para. 2 Z 1, the headline to § 20, § 30 para. 3, § 32 para. 1, § 35, § 37 para. 2 first sentence, § 39 para. 1, § 41 para. 1 and para. 3 Z 1, Z 2 lit. a and d, § 41 (3) Z 5, 5a and 6, § 41 (4), § 41a and the title, § 41b and title, the title to § 42, § 42 (1) to (3), the subdivision of § 42 (4), § 42 (4) (1) (1) (lit). a and b as well as Z 2, § 42 para. 6, § 42 para. 7 first sentence, § 42 para. 8 to 11, § 43 paragraph 1 first sentence, § 44 para. 1 and 2, § 45 para. 1 first sentence, § 45 para. 3 and 4, § 46 para. 1 and 2 as well as para. 3 Z 4 and 6, § 48, § 67 para. 1 Z 9, 11 and 12, § 68 para. 1 last sentence, § 70 (1), § 71 (1) Z 26, 27, 29, 30 and 30a, the final part of § 71 (1), section 71 (2), section 73 (3), section 77 (9), 10 and 17, as well as § 78 (2) Z 9 and 9a, paragraph 2a Z 6 and 6a and paragraph 2b, Z 2 and 2a in the version of the Federal Act BGBl. I No 109/2015 shall enter into force with the day following that of the event. At the same time, § 37 para. 2 second sentence, § 41 para. 5, § 42 para. 5, § 42 para. 7 second sentence, 45 para. 1 second sentence, and § 46 para. 3 Z 5 and § 46 para. 3 last sentence are repeal.

(15) § 5 (3) (4a), § 37 (2), last sentence, and § 39 (2) last sentence in the version of the Federal Law BGBl. I No 109/2015 will enter into force with 26 November 2015. At the same time, the entry to § 49 of the table of contents, § 41b (4), § 43 (1) third and fourth sentence, § 49 with the title and § 77 (9) in the version BGBl. I No 109/2015.

(16) Section 76 (5) shall enter into force retroactively with 1 June 2015.

(17) Giftelevator licences and poison reference certificates according to § 42 (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 14/2015 shall continue to apply until the expiry of the period of validity of the application.

(18) The Giftliste-Reporting Regulation, BGBl. II No 129/1999 and the Giftlist-Regulation 2002, BGBl. II No 126/2003 shall not enter into force with the day following the presentation. '

72. In Section 78 (2), the word "and" at the end of Z 9 replaced by a dash, the following Z 9a shall be inserted:

" 9a.

pursuant to section 42 (11) and "

73. In Section 78 (2a) the word shall be: "and" at the end of Z 6 replaced by a dash, the following Z 6a shall be inserted:

" 6a.

pursuant to section 42 (11) and "

74. In Section 78 (2b), the word shall be: "and" the following shall be inserted at the end of the Z 2; the following Z 2a shall be inserted:

" 2a.

pursuant to section 42 (11) and "

Article 2

Amendment of the Biocidal Products Act

The Biocidal Product Act, BGBl. I No 105/2013, shall be amended as follows:

1. § 1 (3) to (5) shall be deleted.

2. The following paragraphs 8 and 9 are added to § 25:

" (8) § 25 (9) in the version of the Federal Law BGBl. I No 109/2015 shall enter into force with the day following that of the customer; at the same time, Section 1 (3) to (5) shall be repeal of force.

(9) Poison-reference permits and confirmations within the meaning of Section 1 (4) of this Federal Law in the version BGBl. I n ° 105/2013, which was published before the entry into force of this Federal Law in the version BGBl. I n ° 109/2015, remain valid until the expiry of the period of validity. They shall apply from the date of entry into force of this Federal Law in the version BGBl. I n ° 109/2015 as a poison payment for the purposes of Section 42 of the Chemicals Act 1996-ChemG 1996, BGBl. I n ° 53/1997, as amended by the BGBl version. I No 14/2015 or as confirmations within the meaning of § 41 paragraph 3 Z 2 of the ChemG 1996. Certificates for the use of poisons for holdings within the meaning of Section 1 (4) of this Federal Law in the version BGBl. I n ° 105/2013, which was published before the entry into force of this Federal Law in the version BGBl. As from the date of entry into force of this Federal Act, No 109/2015 shall be deemed to be a certificate within the meaning of Section 41 (3) (6) of the Chemicals Act 1996 as amended by the Federal Law Gazette (BGBl). I No 109/2015. "

Fischer

Faymann