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 that modifies the chemicals Act of 1996 and the biocidal product law

The National Council has decided:

Article 1

Change of the chemicals Act of 1996

The chemicals Act 1996 (ChemG 1996), Federal Law Gazette I no. 53/1997, last amended by Federal Law Gazette I no. 14/2015, is amended as follows:

1. in the table of contents is in the entry for section 20 to the word "Chemicals" replaces the comma with a semicolon and the following word sequence is corrected as follows: "Persistent organic pollutants and mercury".

2. in the table of contents be after the line "§ 41. tax and acquisition of poisons" lines "section 41a. Poison reference certificate - procedure"and" article 41 b. competence "inserted.

3. in the table of contents is the entry for section 42:


"Permissions to the gift reference and evidence attitude" 4. The entry for paragraph 49 is not available in the table of contents.

5. in section 2, 8 following Z 9 after inserted the Z:



"Apply 9 the term"Biocidal product"in article 3 par. 1 lit. of Regulation (EU) No. 528/2012 on the making available on the market and use of biocidal products (hereinafter: biocidal product regulation), OJ No. L 167 of the 27.06.2012 used definition, p. 1."

6. in article 3, paragraph 1, the quote "OJ is in the introductory part No. L 235 of 5. 9, 2009, p. 1 "by the quote"OJ No. L 353 of 31.12.2008 S. 1 "replaced.

7 § 4 para 1 No. 3 is:



"3. hazard class: aerosols ' 8 § 4 par. 1 Z 5 is:



"5. hazard class: gases under pressure ' 9 § 4 par. 1 Z 13 is:



"13 hazard class: oxidizing liquids" 10 § 4 par. 1 Z 14 is:



"14 hazard class: oxidizing solids" 11 § 4 par. 1 Z 16 is:



"16 hazard class: corrosive to metals ' 12 § 4 par. 1 Z 18 is:



"18 hazard class: corrosion / irritation on the skin" 13 § 4 par. 1 Z 28 is:



"28 hazard class: the ozone layer damaging" 14. In § 5 para 2 No. 3 is the phrase "Directive 2006/12/EC on waste, OJ No. L 114 of the 27.4.2006, p. 9 "by the phrase"Directive 2008/98/EC on waste and repealing certain directives, OJ No L 312 of November 22, 2008 page 3, as last amended by Regulation (EC) No. 1357/2014, OJ No. L 365 of the 19.12.2014 p. 89 "replaced.

15. in section 5, paragraph 3, the expression 'Directive 2006/12/EC' is replaced by the expression 'Directive 2008/98/EC' Z 3.

16. after article 5, para. 3, no. 4 following Z 4a is inserted:

"4a. plant protection products (article 2 of Regulation (EC) No 1107/2009 concerning the placing of plant protection products and repealing directives 79/117/EEC and 91/414/EEC of the Council, OJ)" No. L 309, November 24, 2009 p. 1, as last amended by Regulation (EC) No. 652/2014, OJ (Nr. L 189 vondem 27.06.2014 S. 1), except measures pursuant to § 46 para 3 when dealing with and the use of poisons within the meaning of section 35 as a fumigant, "

17 § 5 para 3 No. 5 lit. c is as follows:



"(c) cosmetic products within the meaning of Regulation (EC) no 1223/2009 relating to cosmetic products OJ" "No. L 342 of December 22, 2009 p. 59," 18 article 5 par. 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 authority for food safety and establishing procedures to food safety, OJ" No L 31 of the 1.2.2002 p. 1, last amended by Regulation (EC) No. 652/2014, OJ No. L 189 of the 27.06.2014 S. 1, including using aa) as food additives within the scope of Regulation (EC) no 1333/2008 on food additives, OJ No. L 354 of 31.12.2008 p. 16, as last amended by Regulation (EC) No. 1093/2014, OJ No. L 299 of the 17.10.2014 p. 22, bb) as a 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 No. 354 of 31.12 2008 p. 34, as last amended by Regulation (EC) No. 1098/2014, OJ No. L 300 from the 18.10.2014 page 41, cc) as a feed additive within the scope of Regulation (EC) no 1831/2003 on additives for use in animal feed, OJ No. L 268 of the 18.10.2003 p. 29, as last amended by Regulation (EC) 2015/327, OJ No. L 58 of the 03.03.2015 S. 46 or dd) in feedingstuffs within the scope of Regulation (EC) No. 767/2009 on the placing on the market and use of feed materials, amending Regulation (EC) no 1831/2003 of the European Parliament and of the Council and repealing directives 79/373/EEC, 80/511/EEC of the Commission, Council Directive 82/471/EEC , Council Directive 83/228/EEC, Council Directive 93/74/EEC, 93/113/EC and 96/25/EC of the Council and decision 2004/217/EC, OJ No. L 229 of the 01.09.2009 p. 1, as last amended by Regulation (EC) No. 939/2010, OJ "No. L 277 of 10 s 4."

19. in § 5 para 4, § 37 para 2 first sentence, article 41, paragraph 1, article 43, paragraph 1 first sentence, article 44, paragraph 1, article 45, paragraph 1, article 46, paragraph 1, § 48, article 67, paragraph 1 Nos. 11 and 12, article 71, paragraph 1 Z 26, 27 and 30 as well as in § 77 para 9 is the expression "§ 35 Z 1" is replaced by the expression "paragraph 35".

20 the following paragraph 5 is added to § the 5:

"(5) on substances and mixtures, which are to be classified as biocidal products, this federal law is in this respect not to apply, as regulations of biocidal product regulation or biocidal product Act, Federal Law Gazette I no. 105/2013."

21 paragraph 6 para 4 and 5:

"(4) the Federal Minister for agriculture and forestry, environment and water management has Z 5, 6 or 7 or § 7 para 2 subpara 1 lit for the determination of the substance of a measure in accordance with paragraph 2. a to make, where necessary, appropriate checks; arise from the Federal Ministry of agriculture and forestry, environment and water management information available, in particular from the data of registration dossiers and related chemical safety reports and these have present information on uses in the workplace, evidence that a given substance is used by manufacturers, importers or downstream users in Austria, the Federal Ministry of agriculture and forestry, to communicate environmental and water management on demand , whether they use this substance and, where appropriate, further information about the quantities and uses to make available. Based on present data or adequate follow-up for substance evaluation in accordance with paragraph 2 No. 3 has the Federal Minister for agriculture and forestry, environment and water management in consultation with the Federal Minister of health, the Federal Ministry of science, research and industry and the Federal Minister for labour, Social Affairs and consumer protection to decide whether, for a substance a dossier in accordance with paragraph 2 Z 5 , 6 or 7 or § 7 para 2 subpara 1 lit. working out a; such a dossier can be elaborated together with other EEA Contracting States.

(5) for the purposes of active participation in the implementation of the REACH regulation, the elaboration of every year at least one on the ECHA is ensure Z 5, 6 or 7 to submit dossier from the categories referred to in paragraph 2, taking into account the resources available. As far as achieving this objective the previous introduction of a dossier in accordance with section 7 paragraph 2 No. 1 lit. a is required, is to ensure its timely contribution. The introduction of a dossier can be done together with other EEA Contracting States in leading or contributing role."

22 § 7 para 2 No. 1 is:



"(1. Maßnahmen zuder Einstufung: a) (introduction of proposals for harmonised classification and labelling in accordance with article 36 para 1 or 3 in conjunction with article 37 para. 1 of the CLP-V, b) lead the provisional classification dossiers for active substances of plant protection products and biocidal products in accordance with article 36 para 2 of CLP-V to ECHA, that created the after ("Federal Office for food security - BAES") plant protection products and biocidal law national competent institutions within the framework of the evaluation of the active ingredient and the Federal Ministry of agriculture and forestry" ", Environment and water management in accordance with article 37 para 1 last sentence of CLP-V required format will be made available," 23. The heading to section 20 is as follows:

"Exports and imports of hazardous chemicals; persistent organic pollutants and mercury".

24. in article 30, paragraph 3, and article 32, paragraph 1 is the bracket expression "(§ 2 Abs. 7)" by the parenthetical expression "(§ 2 Z 7)" replaced.

25 paragraph 35:

"§ 35. poisons within the meaning of this section are substances and mixtures which are classified as follows and label in accordance with article 4 of the CLP-V:"



1. "Acute toxicity" of categories 1 or 2 with the pictogramme GHS06 (symbol "Skull with crossed bones") and one or more of the following warnings - "Fatal if swallowed" (H300) - "Fatal in contact with skin" (H310) - "Fatal if inhaled" (H330), 2 "acute toxicity" category 3 with the pictogramme GHS06 (symbol "Skull with crossed bones") and one or more of the following warnings -.

"Toxic if swallowed" (H301) - "toxic in contact with skin" (H311) - "Toxic by inhalation" (H331) or 3 "specific target organ toxicity (single exposure)" category 1 with the pictogramme GHS08 (symbol "Health hazard") and the warning - "damages the organs (call all concerned organs, if known) (route of exposure indicate conclusively demonstrated is that this danger at any other route of exposure)" (H370).

"Mixtures, which on the basis of the transitional provision of § 61 para 4 of the CLP-V correctly even with highly toxic and poisonous classified and labelled are, apply until May 31, 2017 as poisons within the meaning of § 35."

26. in § 37 para 2 is the second movement; in the last sentence, the phrase does not apply "and for plant protection products whose placing on the market under the plant protection products act 2011 (art. 1 of the Federal Act with which a plant protection products act 2011 and a plant protection law be - 2011 adopted agriculture legislation Amendment Act 2010, Federal Law Gazette I no. 10/2011) is allowed".

27. in article 39, paragraph 1, the word "Poison control center" is replaced by the word "Poisoning information center".

28. in article 39, paragraph 2, the last sentence reads:

"This does not apply for substances or mixtures that have already been reported in accordance with section 37."

29 § 41 para 3 No. 1 is:



"(1. Inhaber a) a poison cover licence according to section 42, b) (a poison cover permit according to § 42 para 1 as amended by Federal Law Gazette I no. 14 / 2015 or in accordance with section 1, paragraph 4, of the biocidal product Act Federal Law Gazette I no. 105/2013, in the version before the amendment to the Federal Law Gazette I no. 109/2015 in conjunction with § 42 para 1 as amended by the chemicals Act Federal Law Gazette I no. 14/2015 or c) a certificate for the purchase of poisons in accordance with article 41, para. 3 No. 6 in the" "Amended by Federal Law Gazette I no. 14 / 2015 or in accordance with section 1, paragraph 4, of the biocidal product Act, Federal Law Gazette I no. 105/2013, in the version before the amendment to the Federal Law Gazette I no. 109/2015 in conjunction with § 41 para. 3 No. 6 in the version of the chemicals Act Federal Law Gazette I no. 14/2015," 30 § 41 para 3 subpara 2 lit. a is as follows:



"A) universities, private universities, colleges, private colleges and universities," 31 § 41 para 3 subpara 2 lit. d is as follows:



"(d) services in the resort area of the Federal Ministry for defence and sports, as far as they need poisons to the fulfilment of their statutory functions and ' 32. In § 41 para 3 is the word "and" at the end of the Z 5 by a comma replaced and following Z 5a is inserted:



' 5a. institutions and other bodies of the authorities of that the water pollution control and waste water disposal, and syndicates to built, unless you need these toxins for analysis purposes and "33. § 41 para 3 No. 6 is:



"(6. gegen Vorlage einer von der Bezirksverwaltungsbehörde Gemäß § 41A ausgestellten Bescheinigung Betriebe bzw. andere selbständige berufsmäßige Verwender, a) the poisons within the meaning of section 35 to the fulfilment of the tasks within the framework of the exercise of the trade or an agricultural or forestry activity or other professional self-employed need and b) are used in the poisons in the area, for, at least a constantly busy person is available" : aa) regard this area has verifiably completed a technically appropriate vocational training for dealing with the used poison or para 2 has the knowledge required in regard to the proper and safe handling of poisons in accordance with § 41 b paragraph 1 No. 1 in conjunction with § 41;

BB) the knowledge of first aid in accordance with article 41 b paragraph 1 Z 2 has."

34. paragraph 41 paragraph 4:

"(4) confirmation pursuant to par. 3 No. 2 lit. a Z 2 are lit by the Rectorate of the University and the Rector of the University, by the management of the University or by the management of the University of applied sciences or by a person authorized by the Rector or by the management, receipts in accordance with paragraph 3. exhibit b to e of the competent supervisory authority. A copy of the confirmation referred to in para 3 subpara 2 lit. a, b, c, and e is to transmit the district administrative authority."

35. paragraph 5 is § 41.

36. According to article 41, following articles 41a and 41B including headings shall be inserted:

"Poison cover certificate - procedure

section 41a. (1) for obtaining a certificate referred to in article 41, para. 3, the operation or the independent professional users has Z 6 to submit a message to the district administration authority competent pursuant to § 5. The message must be granting by the person authorized to the outside and shall contain the following information in the connection of the documents referred to in paragraph 2:



1. the business or the designation of professional activity carried out (E.g. type of industry, civil engineer);

2. the purpose of the poison; If required poisons are used only for analysis purposes, this is specifically to lead;

3. the name of the poison (substances: chemical name or label the group; for mixtures: the product type (E.g. extractants, pickling paste) and technical function (E.g. corrosion inhibitor), stating the "toxic" ingredient or "toxic" substances pursuant to § 35); If required poisons are used only for analysis purposes, a collective name (E.g. analytical standards) can be used in place of the designation of individual toxins.

4. the name and the function name at least one in the operating area, the poisons used, constantly busy person: a) regard this area has verifiably completed a technically appropriate vocational training with regard to dealing with the used poison or para 2 has the knowledge required in regard to the proper and safe handling of poisons in accordance with § 41 b paragraph 1 No. 1 in conjunction with § 41;

(b) the knowledge of first aid in accordance with § 41b paragraph 1 Z 2 has.

(2) the notification referred to in paragraph 1 must be:



1. the proof of qualification to practice (E.g. business license, proof of the exercise of a certain agricultural or forestry operation branch, civil engineer power);

2. that pursuant to par. 1 Z 4 in this respect the appropriate proof of the knowledge required in regard to the proper and safe handling of poisons in accordance with § 41 b paragraph 1 Z 1 (evidence for the conclusion of an appropriate school or university education; designated for person Evidence for the conclusion of a course on the necessary skills) or proof of completion of an appropriate vocational training with regard to dealing with the used poison pursuant to § 41 3 No. 6 lit. b sublit. AA or a training recognised as equivalent;

3. that pursuant to par. 1 Z 4 in this proof of knowledge of first aid; designated for person Alternatively this proof for another in the operating range can be trained permanently employed and available person, who has sufficient knowledge of first aid in accordance with § 41 b paragraph 1 Z 2 (eg training as first responders in accordance with § 26 section 3 of the Federal Act on safety and health at work (employee - after), Federal Law Gazette No. 450/1995 idF BGBl. No. 457/1995 (DFB) or other equivalent training);

4. the identification, classification and composition of pursuant to par. 1 Z 3 to label poison relevant sections of the safety data sheet (at least sections 1 to 3). This does not apply if needed poisons to be used only for analysis purposes.

(3) the district administrative authority has



1. upon check - in the presence of the required information and documents the operation or the self-employed professional users immediately to issue a certificate pursuant to § 41 para 3 No. 6;

2. upon presentation of inadequate information or documents the detector, specifying the necessary additions and corrections to inform and him a reasonable time limit for the repair of the defect to grant;

3. in the certificate expressly to hold, that the operation or the independent professional users for the purchase of certain toxins is entitled What poisons - in personal quotes of poisons - for what purpose may be taken, as well as the name in accordance with para 1 No. 4 lit. Person reported to a; If required poisons are used only for analysis purposes, a collective name (E.g. analytical standards) can be used in place of the designation of individual toxins.

4. the certificate to remove if the operation or the independent professional users no longer needed the Poisons and is not put back the district administrative authority the certificate

5. after a message of changed conditions in accordance with paragraph 4 to make an amendment to the certificate;

6. the register to keep pursuant to § 42 para 10 to date.

(4) if Z 1 to 4 above values no longer apply to in paragraph 1 and the operation or other independent professional users still needed poisons within the scope of his professional use, are reported immediately to the changed conditions of the district administrative authority.


(5) responsible is the district administrative authority within their local sphere is located or the independent professional users carrying out his ongoing occupation; in the case of multiple sites, this is the locally responsible for the respective establishment district administration authority.

Competence

Article 41 b. (1) an is person regarded as knowledgeable, if they demonstrated that



1. the knowledge required in regard to the proper and safe handling of poisons and has 2. the knowledge of first aid.

(2) the required pursuant to par. 1 Z 1 has knowledge a person, if they



1. a successfully completed appropriate education, University or qualified professional specific training or 2. has acquired these skills by taking a course.

For the purchases and the use of poisons within the meaning of section 35 as a Weinbehandlungsmittel are also appropriate training and courses for the wine industry, the relevant institutions of the Federation or a land (Chambers of Agriculture of the countries) and relevant colleges offered by be as evidence in accordance with paragraph 1 Z 1 necessary knowledge.

(3) the Federal Minister for agriculture and forestry, environment and water management can set closer social and consumer protection in consultation with the Federal Minister for science, research and industry and the Federal Minister of labour, by regulation,



1. What are the requirements a course referred to in paragraph 2 No. 2 and, where appropriate, of measures provided to freshen up; While he is also empowered, for certain professional activities -, 2. which school, University and qualified professional training in accordance with paragraph 2 to recognise Z 1 as proof are and 3. insofar as this is technically justified specific - to set specific courses concerning the poisons used typically in the respective area on the relevant professional situation and to recognise certain qualifications as equivalent to the knowledge of first aid and the kind of proof , in particular in the form of relevant courses.

(4) the certificate of qualification in the execution of laws of the countries to paragraph 49 for the purchase of poisons within the meaning of section 35 in agriculture as a means of protecting plants and plant products applies to the use of poisons as 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 on a framework for action the community for the sustainable use of pesticides, OJ No. L 309, November 24, 2009 p. 71, as last amended by Regulation (EC) No. 652/2014, OJ No. L 189 of the 27.06.2014 S. 1, until the introduction of appropriate training certificate (for the use of plant protection products) in accordance with article 5 of this directive in accordance with the design laws of the countries to the principle of law of section 13 of the plant protection products act 2011. From this point until the end of the 25 November 2015 this training certificate valid for the professional user as proof of the necessary skills."

37. the heading of section 42 is as follows:

"Permissions to the gift reference and evidence attitude"

38. paragraph 42 para 1 to 3:

"(1) private user must have a poison cover note issued by the authority for the dispensing of poisons within the meaning of section 35. This entitles to a certain amount of one or more toxins in accordance with § 35 unique. For biocidal products (art. 3 par. 1 lit. a biocidal product regulation), poisons within the meaning of section 35 are, no poison cover license may be issued.

(2) the granting of a poison cover licence referred to in paragraph 1 shall be requested from the competent local district administrative authority. The application has to contain at least:



1. the name and address of the applicant, 2. the name of the poison (substances: chemical name or label the group; for mixtures: the product type (E.g. extractants, pickling paste) and technical function (E.g. corrosion inhibitor), stating the "toxic" ingredient or "toxic" substances pursuant to § 35), 3. information on the intended use of the poison and the need of reference and information on the assessment of the conditions referred to in paragraph 4 , 4. the amount of the poison and 5 proof of required skills and necessary knowledge of first aid in accordance with article 41 b.

The district administrative authority of the place of residence of the applicant is (3) local jurisdiction."

39. in the introductory part of article 42, paragraph 4, the phrase "The poison cover approval" is replaced by the phrase "the poison cover license".

40. in article 42, paragraph 4, subpara 1 lit. (a) is replaced the number "19" by the number "18".

41. in article 42, para. 4, subpara 1 lit. b is for the word "competent" the phrase "in accordance with article 41 b" inserted.

42. in article 42, paragraph 4, Z 2 is replaced by the phrase "the poison cover license" the phrase "the poison cover permit".

43. paragraph 5 deleted § 42.

44. in the second sentence of section 42, paragraph 6, the phrase "or omission referred to in paragraphs 180 to 183" by the phrase "against life and limb in accordance with §§ 75 to 95" is replaced.

45. in the first sentence of article 42, paragraph 7, the phrase "The poison cover permit" is replaced by the phrase "the poison cover licence"; the second movement is eliminated.

46. paragraph 42 paragraph 8 and 9:

"(8) a poison cover licence becomes invalid after the expiration of three months after the day of the exhibition.

(9) gift subscription licenses in the sense of § 42 para 1 as amended by Federal Law Gazette I no. 14 / 2015 and confirmations in accordance with § 41 para 3 No. 2 remain valid until the respective expiration of its validity. The district administrative authority may amend officio also such gift subscription license or beyond, when the conditions no longer exist for their issuance or prescribed requirements are not met."

47. in article 42, paragraph 10, the phrase is after the word "Poison related approvals" "within the meaning of section 42 as amended by Federal Law Gazette I no. 14/2015" inserted; the phrase "confirmations in accordance with § 41 para 3 No. 2" is by the phrase 'confirmation pursuant to § 41 para 3 No. 2 lit. a to c and e"replaced; After the expression "§ 41 para 2 Z 1" is the phrase "and para 3 Z 4 mentioned grants, in which is seen the exact wording of the permits," by the phrase "as well as paragraph 3 permits referred to in no. 4 and 5a, obtained in accordance with the respective legal provisions" replaced.

48. in § 42 paragraph 11 "environmental and water management has" inserted after the phrase the phrase "in consultation with the Federal Minister of science, research and industry, the Federal Minister of health and the Federal Ministry of labour, Social Affairs and consumer protection" and the phrase "the poison cover permits, the conclusions necessary applications, the confirmation referred to in article 41, para. 3 subpara 2 and certificates in accordance with article 41, para. 3 No. 6" by the phrase "the messages and certificates referred to in article 41a , the poison cover licence according to section 42 and if necessary request, of confirmations in accordance with § 41 para 3 No. 2 "replaced.

49. in article 43, paragraph 1, the third and the fourth movement are eliminated.

50. in article 44, paragraph 1 is in the fifth sentence the expression "§ 42 para 5" by the expression "section 41 b" replaced.

51. in article 44, paragraph 2 the Word replaces "fifth" "third" the word.

52. in article 45, paragraph 1, the second sentence is omitted.

53. paragraph 45 para 3 and 4:

"(3) the release of toxins in accordance with § 35 to the general public in the mail order or through other direct selling methods, machines and other forms of self-service is prohibited. Relevant regulations for plant protection plant protection law remain unaffected.

(4) as far as it taking into account the State of the art (article 2 No. 7) avoiding dangers and risks to the life or health of people in terms of the protection objectives of this Federal Act is used, can the Federal Minister for agriculture and forestry, environment and water management in consultation with the Federal Minister of health, the Federal Ministry of science, research and industry and the Federal Minister of labour , Social Affairs and consumer protection regulation for certain other hazardous substances listed in paragraph 3 and the mixtures restrictions on the sale in self-service, as well as under certain conditions they also exceptions provide for. If necessary, special security measures, in particular a labelling of sales areas or areas can be set for a maximum tax through self-service. Relevant regulations for pesticides in plant protection products legislation remain unaffected."

54. paragraph 46 paragraph 2:


"(2) toxins in accordance with § 35 may be used only by one person, which has been proven in the context of article 41 paragraph 3 has acquired a technically appropriate vocational training with regard to dealing with the used poison Z 6 or without prejudice to the option provided for in § 41 para 2 No. 3 - knowledge of first aid in accordance with article 41 has the necessary knowledge in accordance with § 41 b paragraph 1 No. 1 in conjunction with § 41 para 2 and the - b para 1 No. 2. A person who does not meet these requirements, may use these poisons only if she related to the specific toxins proven is instructed by a person within the meaning of the first sentence of this. The instruction is adapted to repeat regularly, at least once a year on the State of knowledge. § 14 para 4 of the after shall apply mutatis mutandis. The training can be done in writing (E.g. by using a written manual that includes the dangers posed by the poison, the necessary protective measures and rules of conduct, as well as first aid measures). Written instructions, § 14 para 5 of the after is to apply mutatis mutandis. In the use of poisons is to ensure that a person is present in the subject area, that has appropriate knowledge of first aid in the sense of paragraph 41 b, paragraph 2."

55. in article 46, paragraph 3 is the comma at the end of the Z 4 the word "and" replaced; the Z 5 is omitted; Z 6 is not available in the phrase "the first assistance or".

56. in article 46, paragraph 3, the last sentence is omitted.

57. (determination of principle of), paragraph 49 and heading is eliminated.

58. in article 67, paragraph 1 Z 9 is the phrase after the word "Packaging defects" inserted "in accordance with this federal law or the CLP-V".

59. in article 67, paragraph 1 Z 12, the phrase "outside of the premises" is replaced by the phrase "to the general public in the mail or through other direct selling methods".

60. in article 68, paragraph 1, last sentence is the expression "section 21 VStG" by the expression "§ 50 para 5a VStG" replaced.

61. in article 70, paragraph 1, the phrase "sections 21 to 26" by the phrase "sections 21 to 25" is replaced.

62. section 71 paragraph 1 Z 29 is:



"29 poisons contrary to article 45 to final consumers are off or contravenes a regulation adopted pursuant to article 45, paragraph 4,' 63. In article 71, paragraph 1 Z 30 is to the phrase "one according to" the phrase "section 41 paragraph 3 b or" inserted.

64. in article 71, paragraph 1, 30a is inserted after Z 30 following Z:



'30a. the reporting obligation pursuant to § 41 para 4 not followed,' 65. In the final part of section 71, paragraph 1, the phrase is replaced "If the Act not by judicial sentence is threatened" "unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts" with the phrase.

66. in article 71, paragraph 2, the phrase is replaced "If the Act not by judicial sentence threatened" "unless the fact constitutes not a criminal offence falling within the jurisdiction of the courts" with the phrase.

67. in article 73, paragraph 3, the expression "section 71" with the expression "section 67, paragraph 1" will be replaced.

68. the section 76 the following paragraph 5 is added:

"(5) until the entry into force of the Federal Act Federal Law Gazette I no. 109/2015 companies and other independent professional users for substances and mixtures which are classified with"Acute toxicity"of category 3, a message in accordance with § 41 para 5 as amended by BGBl. can I no. 14 / 2015 under the conditions there laid."

69. in paragraph 77 which receives 70 no. 2 of 2 stability law with article 2012, Federal Law Gazette I no. 35/2012, the attached paragraph 6 the sales designation (10).

70th paragraph 9 deleted § 77.

71. the section 77 be added following paragraph 14 to 18:

"(14) the entries to article 20, paragraph 41a, § 41b and section 42 of the table of contents, section 2 No. 9, the introductory part of section 3 para 1, § 4 para 1 Nos. 3, 5, 13, 14, 16, 18 and 28, § 5 para 2 Z 3, § 5, para. 3 No. 3, § 5 para 3 Z 5 lit." c and e, section 5 para 4 and 5, § 6 para 4 and 5, § 7 para. 2 No. 1, the heading to section 20, section 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 para 3 Z 5, 5A and 6, § 41 para 4, § 41, including a heading, paragraph 41b together with heading, the heading to § 42, § 42 para 1 to 3, the introductory part of section 42 (4), § 42 para 4 No. 1 lit. a and b and Z 2, § 42 para 6, § 42 paragraph 7 § 42 para 8 to 11, first sentence, article 43, paragraph 1 first sentence, article 44, para. 1 and 2, § 45 para 1 first sentence, § 45 para 3 and 4, article 46, paragraph 1 and 2 and paragraph 3 Nos. 4 and 6, § 48, article 67, paragraph 1 Nos. 9, 11 and 12, article 68, paragraph 1 last sentence , Section 70 para 1, § 71 paragraph 1 Z 26, 27, 29, 30 and 30a, the final part of article 71, paragraph 1, § 71 para 2, § 73 para 3, § 77 para 9, 10 and 17, and section 78 para 2 Z 9 and 9a, paragraph 2a No. 6 and 6a paragraph 2 b Z 2 and 2a in the version of Federal Law Gazette I no. 109/2015 apply with the day following the announcement. Happening § 37 para 2 second sentence, § 41 para 5, § 42 para 5, § 42 paragraph 7 second sentence, 45 para 1 second sentence and article 46, paragraph 3 Z 5 and § 46 paragraph 3 last sentence except force.

(15) section 5 para 3 Z 4a, § 37 para 2 last sentence and § 39 para 2 last sentence as amended by Federal Law Gazette I no. 109/2015 apply with the 26 November 2015. At the same time be the entry to paragraph 49 of the table of contents, § 41 b para 4, § 43 para 1 third and fourth set, § 49, including heading and section 77 paragraph 9 as amended by Federal Law Gazette I no. 109/2015 override.

(16) section 76 para 5 retroactively with 1 June 2015 enter into force.

(17) I no. 14/2015 continue to apply gift subscription licenses and gift subscription licence pursuant to § 42 para 1 as amended by Federal Law Gazette to legally set period of validity.

"(18) the poison list reporting regulation, Federal Law Gazette II No. 129/1999 and the poison list Regulation 2002, Federal Law Gazette II No. 126/2003 contact the day following the announcement except force."

72. in § 78 para 2 is the word "and" at the end of the No. 9 by a comma replaced; following Z 9a is inserted:



"9a. According to § 42 para 11 and ' 73. In § 78 para 2a is the word "and" at the end of the No. 6 by a comma replaced; following Z 6a is inserted:



"6a. According to § 42 para 11 and ' 74. In § 78 para 2b is the word "and" at the end of the No. 2 by a comma replaced; following Z 2a is inserted:



"2a. According to § 42 para 11 and" article 2

Change of the biocidal products act

The biocidal product Act, Federal Law Gazette I no. 105/2013, is amended as follows:

1 § eliminates 1 para 3 to 5.

2. the article 25 be attached following paragraph 8 and 9:

"(8) § 25 paragraph 9 as amended by Federal Law Gazette I no. 109/2015 with the day following the by-laws enter into force; at the same time § 1 section 3 to 5 except power occur.

(9) I remain no. 105/2013, no. 109/2015 issued before the entry into force of this federal law as amended by Federal Law Gazette I, gift subscription permits and confirmations in the sense of § 1 4 of Federal Act as amended by BGBl. valid until the respective expiration of its validity. They apply from the date of entry into force of this federal law as amended by Federal Law Gazette I no. 109/2015 as poison cover grants within the meaning of section 42 of the chemicals Act of 1996 - ChemG 1996, Federal Law Gazette I no. 53/1997 as amended by Federal Law Gazette I no. 14 / 2015 or confirmations in the meaning of § 41 para 3 No. 2 of 1996 ChemG certificates for the purchase of poisons for companies within the meaning of § 1 para 4 of this federal law as amended by Federal Law Gazette I no. 105/2013 ", which I no. 109/2015 issued before the entry into force of this federal law as amended by Federal Law Gazette, considered from the date of entry into force of this Federal Act certificates in the sense of § 41 para 3 No. 6 of the chemicals Act 1996 as amended by Federal Law Gazette I no. 109/2015."

Fischer

Faymann

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