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The Industrial Accident Ordinance - Iuo Amendment

Original Language Title: Änderung der Industrieunfallverordnung - IUV

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14. Ordinance of the Federal Minister for Economic Affairs, Family and Youth and Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management, with which the Industrial Accident Ordinance-IUV will be amended

Article 1

Due to § 84d (7) of the 1994-GewO Commercial Code (WV), BGBl. N ° 194, as last amended by the Federal Law BGBl. I n ° 135/2009, by the Federal Minister for Economic Affairs, the Family and Youth, in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management:

Article I of the Industrial Accident Ordinance-IUV, BGBl. II No 354/2002, shall be amended as follows:

1. In § 2 the Z 9 is deleted; the numbers Z 10 and 11 are given the number of digits "9." and "10." .

(2) The following paragraph 3 is added to § 5:

"(3) In the safety report, the names of the relevant organisations involved in the preparation of the report must be mentioned."

3. In § 7 Z 2 and in § 13 para. 4 the parenthesis shall read in each case. "(§ 84c Para. 9 GewO 1994)" .

4. § 9 reads:

" § 9. (1) As a basis for

1.

the establishment of internal contingency plans (§ 10),

2.

the identification of the public potentially affected by an industrial accident (Article 13 (1) and (2)); and

3.

the estimation of the possibility of entry and the effect of domino effects (§ 84c para. 9 GewO 1994)

For those parts of the technical installations (§ 84b Z 2 GewO 1994), which are considered as a trigger for an industrial accident, selected and representative evaluation considerations of the scenarios within the meaning of § 7 Z 2 for the purpose of application are employed.

(2) The result of the impact assessment must be summarised in the form of maps, images or, if appropriate, descriptions. Taking into account the local topographical, meteorological, hydrological and geological conditions, the areas within and outside the establishment (including, where appropriate, transboundary) must be represented by a Industrial accidents can be affected. "

5. In § 10 (5), the point at the end of the Z 9 shall be replaced by the word "and" , the following Z 10 shall be added:

" 10.

Information on arrangements to assist in remedial action outside the operating site. "

6. The following paragraph 3 is added to § 15:

" (3) § § 2, 5 para. 3, 7 Z 2, 9, 10 para. 5 Z 10, 13 para. 4 and § 16 in the version of the Regulation BGBl. II No 14/2010 shall enter into force with the month of the month of its operation. "

7. § 16 reads:

" § 16. This Regulation lays down the provisions of Directive 96 /82/EC on the control of major-accident hazards involving dangerous substances, OJ L 327, 30.4.1996, p. No. OJ L 10 of 14.01.1997 p. 13, as last amended by Regulation (EC) No 1137/2008, OJ L 327, 31.12.2008, p. No. OJ L 311, 21.11.2008, p. 1.

Article 2

Due to § 65 (1) Z 6 of the Waste Management Act 2002 (AWG 2002), BGBl. I n ° 102, as last amended by the Federal Law BGBl. I n ° 54/2008 and the Federal Ministries Act of 2009, BGBl. I n ° 3, is decreed by the Federal Minister for Agriculture, Forestry, Environment and Water Management in agreement with the Federal Minister for Economic Affairs, Family and Youth:

Article II of the Industrial Accident Ordinance-IUV, BGBl. II No 354/2002, shall be amended as follows:

1. The promulgation clause is:

" On the basis of § 65 (1) Z 6 of the Waste Management Act 2002 (AWG 2002), BGBl. I n ° 102, as last amended by the Federal Law BGBl. I n ° 54/2008 and the Federal Ministries Act of 2009, BGBl. I n ° 3, is assigned by the Federal Minister for Agriculture, Forestry, Environment and Water Management in agreement with the Federal Minister for Economic Affairs, Family and Youth: "

2. § § 1 and 2 together with the headings are:

" Application of the species. I IUV on treatment plants according to AWG 2002

§ 1. § § 1 to 14 of the Art. I apply to treatment facilities which are subject to § 59 AWG 2002, with the following deviations and supplements:

1.

in the place of the word "production method" in the manner of. I § 6 Z 3 and 8, 7 Z 1 and 12 Z 1 the word "treatment procedure";

2.

instead of the commercial designation according to Art. I § 6 Z 3 shall be given the name of the type of waste;

3.

to replace the phrase "State of the art (§ 71a GewO 1994)" in the art. § 7 Z 4 and 8 Z 2 the phrase "state of the art (§ 2 para. 8 Z 1 AWG 2002)";

4.

to the point of confirmation in accordance with Art. I § 13 para. 1 Z 3 confirms that the operation is subject to the provisions of Section 59 AWG 2002, the communication (§ 84c (2) of the Act 1994) has been made to the Authority and a safety report has been submitted to the Authority.

Implementation of European Community legislation

§ 2. This Regulation lays down the provisions of Directive 96 /82/EC on the control of major-accident hazards involving dangerous substances, OJ L 327, 30.4.1996, p. No. OJ L 10 of 14.01.1997 p. 13, as last amended by Regulation (EC) No 1137/2008, OJ L 327, 31.12.2008, p. No. OJ L 311, 21.11.2008, p. 1.

3. The Art. II is added to the following § 3:

" Entry into

§ 3. The promulgation clause and § § 1 and 2 together with the headings in the version of the BGBl Regulation. II No 14/2010 shall enter into force with the month of the year following the presentation of the agreement. "

Mitterlehner Berlakovich