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Fireworks Act 2010 And Amendment Of The Security Police Act

Original Language Title: Pyrotechnikgesetz 2010 und Änderung des Sicherheitspolizeigesetzes

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131. Federal law, which enacted a pyrotechnic law in 2010 and amended the law on security policy

The National Council has decided:

table of contents

Article 1

Pyrotechnic Act 2010

Article 2

Amendment of the Security Policy Act

Article 1

Federal law with which police provisions concerning pyrotechnic articles and sentences as well as the shooting of the sheets are enacted (Pyrotechnic Act 2010-PyroTG 2010)

table of contents

1. MAIN PIECE
GENERAL PART

Section 1
Subject matter, scope and definitions

§ 1.

Subject-matter

§ 2.

Derogations from the factual scope

§ 3.

Exceptions to the personal scope

§ 4.

Definitions

Section 2
Jurisdiction and Instance Train

§ 5.

Responsibility

§ 6.

Instance Train

Section 3
Powers of the authorities

§ 7.

Authorization control

§ 8.

Withdrawal

§ 9.

Search

§ 10.

Transfer of personal data

Section 4
Categorization

§ 11.

Categorization of fireworks

§ 12.

Categorization of pyrotechnic articles for stage and theatre

§ 13.

Categorisation of other pyrotechnic articles

§ 14.

Categorization of pyrotechnic sentences

Section 5
General provisions

§ 15.

Age restrictions

§ 16.

Reliability

§ 17.

Expertise and expertise

§ 18.

Courses and teaching staff

§ 19.

Pyrotechnic ID

§ 20.

Possession and Innehabit

2. MAIN PIECE
PLACING ON THE MARKET AND MARKET SURVEILLANCE

Section 1
Obligations of the manufacturer, importer and trader

§ 21.

Obligations of the manufacturer

§ 22.

Affixing of the CE marking

§ 23.

Marking of pyrotechnic articles for vehicles

§ 24.

Identification of other pyrotechnic articles and pyrotechnic phrases

§ 25.

Obligations of the importer and trader

§ 26.

Marketing

Section 2
Market surveillance

§ 27.

Market surveillance

3. MAIN PIECE
POSSESSION, USE AND SURRENDER

Section 1
Ownership and use

§ 28.

Possession and use of pyrotechnic articles and sentences

§ 29.

Böllershoot

Section 2
Surrender, inheritance and bequest

§ 30.

Omission of pyrotechnic articles and sentences

§ 31.

Inheritance and bequest

4. MAIN PIECE
VERBOTE

§ 32.

Pyrotechnic articles and phrases without CE marking or marking

§ 33.

Reicer-generating pyrotechnic articles and sentences

§ 34.

Crunk body with flash bang sets

§ 35.

Non-industrial production and delaboration

§ 36.

Common ignition

§ 37.

Demise Use

§ 38.

Use in specific locations

§ 39.

Possession and use in special circumstances

5. MAIN PIECE
CRIMINAL, CLOSURE AND TRANSITIONAL PROVISIONS

Section 1
Criminal provisions

§ 40.

Administrative transgressions

§ 41.

Verfall

Section 2
Closure and transitional provisions

§ 42.

Linguistic equality

§ 43.

References

§ 44.

Enforcement

§ 45.

entry into force

§ 46.

Override

§ 47.

Transitional provisions

1. MAIN PIECE

GENERAL PART

Section 1

Subject matter, scope and definitions

Subject-matter

§ 1. This federal law goverts

1.

Possession, use, release and placing on the market of pyrotechnic articles and sentences, and

2.

The Böllershoot.

Derogations from the factual scope

§ 2. (1) This federal law shall not apply to:

1.

Fusing plates, rings and bands, insofar as they are intended for toys within the meaning of Directive 88 /378/EEC on the approximation of the laws of the Member States relating to the safety of toys, OJ L 88, 31.1.1988, p. No. OJ L 187 of 16.07.1988 p. 1, as last amended by Directive 2008 /112/EC, OJ L 327, 30.12.2008, p. No. 68., as amended by the corrigendum OJ L 378, 27.12.2008, p. No. OJ L 37, 09.02.1991 p. 42,

2.

Crunk generation with explosive air-gas mixtures,

3.

on stage effects, operated by means of gas cartridges,

4.

Igniters, smoked goods and similar items,

5.

pyrotechnic articles for the aeronautical and aerospace industries; and

6.

Firing, Spreng and Ignition Agents, which are within the scope of the Explosives Act 2010, BGBl. No 121/2009.

(2) The second main item as well as § 32 shall not apply to

1.

pyrotechnic articles within the meaning of Directive 96 /98/EC on marine equipment, OJ L 96, 30.4.1996. No. OJ L 46 of 17.02.1997 p. 25, as last amended by Regulation (EC) No 596/2009, OJ L 145, 31.5.2009, p. No. OJ L 188, 18.07.2009 p. 14, and

2.

pyrotechnic articles, which are issued and used exclusively at trade fairs, exhibitions and presentations for the sale of pyrotechnic articles, or which are manufactured and used for research, development and testing.

(3) 3. The main part and sections 38 and 39 shall not apply to pyrotechnic articles of category P2 which are an integral and processed component of another object, in the nature of this object, and are intended to be used for this purpose, To trigger safety devices.

Exceptions to the personal scope

§ 3. (1) This federal law shall not apply to:

1.

the local authorities,

2.

state and state-recognised training courses for pyrotechnic courses,

3.

Teaching, research and testing institutions, such as universities, universities of applied sciences and higher technical institutes,

4.

fire brigade,

5.

Official experts and

6.

persons employed or informed by institutions or persons within the meaning of Z 1 to 5,

to the extent that they have to deal with pyrotechnic articles and sentences in the course of their legal duties, an official activity, their research and teaching activities or a training or service relationship.

(2) This federal law shall apply in respect of the provisions of the third subparagraph. Main item of provisions concerning possession and use by and transfer to no application on

1.

persons entitled to the production of and trade in pyrotechnic articles and movements by industrial law (manufacturer and distributor);

2.

public bodies which are responsible for the transport or storage of goods;

3.

undertakings authorised under the trade rules for the carriage or storage of goods,

4.

persons entitled to the disposal of pyrotechnic articles or sentences in accordance with the provisions of waste law,

5.

Persons authorised under the industrial law rules to produce, process, repair, install or trade pyrotechnic articles for the vehicle industry, and

6.

persons employed in the case of establishments, undertakings or persons within the meaning of Z 1 to 5 and which have been duly instructed by them in the safe handling of the pyrotechnic articles or movements concerned,

in so far as they have to deal with pyrotechnic articles or sentences in the course of this activity.

(3) For persons and public institutions without domials or registered offices in the territory of the Federal Republic of Germany, the corresponding derogations provided for in paragraph 2 shall apply if, on the basis of European law, national law or national law, these activities are carried out in Austria exercise.

Definitions

§ 4. Within the scope of this Federal Act, the following definitions shall apply:

1.

Igniters are explosive materials or articles containing pyrotechnic articles, with which typically pyrotechnic articles and sentences are brought into effect under flames.

2.

Notified bodies shall be those bodies set up in the list of notified bodies published by the European Commission, indicating their identification number and the tasks assigned to them, in accordance with Directive 2007 /23/EC on the placing on the market pyrotechnic articles, OJ No. 1., which are authorised to carry out the conformity assessment described in this Federal Act.

3.

Böllershoot is the ignition of powder charges for the production of a bang effect.

4.

Expertise shall be the sum of the chemical, physical, technical and legal knowledge and practical skills required to cover pyrotechnic articles or phrases of the category. F4, T2, P2 or S2, in accordance with the provisions of this Act and the Regulations and Provisions, which are based on them, and shall be allowed to use and use.

5.

Fireworks are pyrotechnic articles for entertainment purposes that are assigned to category F1, F2, F3 or F4.

6.

Traders are any natural or legal person in the supply chain who, in the course of their business activities, provides a pyrotechnic object or sentence in the federal territory.

7.

A manufacturer shall be a natural or legal person who designs or manufactures a pyrotechnic article or sentence, or which makes such an object or sentence to be made or manufactured in order to make it under his or her own name or in his own name. Placing a brand on the market.

8.

The importer shall be any natural or legal person who, in the course of its business activities, provides for the first time on the Community market a pyrotechnic article or sentence originating in a third country.

9.

The placing on the market of a pyrotechnic article or a set for the purpose of distribution or use on the Community market shall be the first provision for the first time, whether in return for payment or free of charge.

10.

Legal person is also a registered private company.

11.

The net explosive mass is the sum of the masses of all the sets in a pyrotechnic article without ignition.

12.

Pyrotechnic articles for stage and theatre are pyrotechnic articles intended for use on stages in the interior and exterior areas, as well as in film and television productions or for a similar intended use.

13.

[0050] pyrotechnic articles for vehicles are components of safety devices in vehicles which contain pyrotechnic substances which are used for activating these or other devices.

14.

The pyrotechnic article is any object containing one or more pyrotechnic articles, including ignition agents, and shaped powder bodies or shaped sets (semi-or pre-processed).

15.

Subject-matter shall be the sum of the chemical, physical, technical and legal knowledge and practical skills required to provide pyrotechnic articles of category F3 in accordance with the provisions of this Act and the provisions of this Act. to be able to use and use regulations and foes based on this.

16.

Phrases are loose substances or mixtures of substances which, as a result of an exothermic, exothermic reaction, produce an effect in the form of heat, light, sound, gas, fog, smoke, movement, pressure or stimulus, or a combination of these effects.

17.

Other pyrotechnic articles are all pyrotechnic articles which are not fireworks and are not pyrotechnic articles for stage and theatre.

Section 2

Jurisdiction and Instance Train

Responsibility

§ 5. (1) The authority within the meaning of this federal law is the district administration authority, in the sphere of action of a federal police directorate.

(2) Local competence shall be governed by:

1.

to

a)

natural persons in accordance with the main residence, in the absence of any such person after a residence, otherwise after the stay,

b)

legal persons after their registered office in Germany,

2.

in the case of conscription pursuant to § § 28, 29, 32, 37 or 39 according to the place of intended use,

3.

otherwise on the occasion of the official clerical intervention.

Instance Train

§ 6. (1) deciding on appeals against the criminal proceedings of the district administrative authorities and federal police directorates

1.

the security directorate,

2.

in administrative criminal proceedings of the Independent Administrative Senate.

(2) No appeal shall be admissible against decisions of the Security Directorate.

Section 3

Powers of the authorities

Authorization control

§ 7. Cases made pursuant to this Federal Act, which entitle the possession and use of pyrotechnic articles or sentences, shall be subject to the transport or use of the pyrotechnic articles or phrases covered by those authorizations in the In accordance with § 29 of the Customs Law implementing Act, BGBl, the original or copy must be carried by the security authorities, the public security service bodies and the customs authorities and their organs within the framework of the relevant provisions. No 659/1994, to hand over powers granted on request.

Withdrawal

§ 8. (1) Bewilligations or pyrotechnics issued in accordance with this Federal Act shall be withdrawn if circumstances arise or become known in the event of which the authorization does not exist or the authorization does not grant the authorization. Pyrotechnic I.D. would not have been issued.

(2) Deciphering authorizations or pyrotechnic badges shall be submitted immediately to the Authority. Affected persons shall have a right of withdrawal within two weeks of the date of entry of the legal force of the Withdrawal

1.

demonstrate to the Authority that they have left the pyrotechnic articles in their possession and the records of categories F3, F4, T2, P2 and S2 to a possession and use of the authority, or

2.

to hand over the pyrotechnic articles in their possession and the records of categories F3, F4, T2, P2 and S2 to the Authority.

If the person concerned does not comply with these obligations, the authority shall be empowered to draw up a certificate issued pursuant to sections 28, 29, 32, 37 or 39, the certificate of pyrotechnics and the pyrotechnic articles in his possession and the sentences of the Ensure categories F3, F4, T2, P2, and S2. § 50 SPG shall apply to the bodies of the public security service responsible for ensuring the security of the public security service. The ownership of the seized pyrotechnic articles and sentences shall be passed on to the federal government at the time of the freezing of the goods.

Search

§ 9. The bodies of the public security service shall be authorized to:

1.

persons, containers carried by them, and

2.

Land, rooms, air, land and water vehicles

, if there is an urgent suspicion, on the basis of a specific reference or other specific facts, that this federal law, regulations or foes based on it, are contrary to the law. In the case of searches after Z 1, the institutions of the public security service shall confine themselves to a search of the clothes and the containers carried along, as well as a visit to the body. § 50 of the Security Policy Act (SPG), BGBl. No 566/1991.

Transfer of personal data

§ 10. (1) The authorities are empowered to request, on a case-by-case basis, data processed by them in full compliance with this Federal Act to courts, security authorities and public prosecutors for their activities in the service of criminal justice , as well as to security authorities in matters of security administration, in so far as they require such data to carry out their statutory tasks. Other transfers are only permitted if there is an express statutory authorisation.

(2) The authorities appointed for the enforcement of § 40 are authorized, names, date of birth and residence address of a person,

1.

who has been legally punished because of the transfer of a pyrotechnic determination in connection with a football sporting event; and

2.

to be adopted on the basis of certain facts that it will commit further such transgressions in connection with football sporting events,

to the Austrian Football Association and to the Austrian Football League for the purpose of checking and making a ban on sports facilities subject to the assigned administrative provision according to Z 1. If the entry of the legal force falls back more than 18 months, a data transfer is inadmissible.

(3) Submissions in accordance with paragraph 2 shall only be permitted if the Austrian Football Association and the Austrian Football League have contractually bound themselves to the Federal Minister for Home Affairs,

1.

the data only for the specified purpose, in its scope of action and in accordance with the provisions of the Data Protection Act 2000, BGBl. I No 165/1999 (DSG 2000),

2.

to secure the data against unauthorised use in accordance with the provisions of § 14 DSG 2000, in particular through organisational and technical arrangements to ensure that access to rooms in which an access to the is only possible on behalf of the person who is working on behalf of the contract;

3.

to comply with their deletion obligations in accordance with paragraph 4;

4.

to record every query and transmission of the data in their sphere of activity; and

5.

to grant access to rooms and access to data processing equipment to the security authorities and to provide them with the necessary information, on request, to the extent necessary to verify compliance with the obligations which have been set out in Z 1 to 4.

Before the conclusion of the contract by the Federal Minister of the Interior, the data protection council is to be heard.

(4) Data transmitted by the Authority in accordance with paragraph 2 as well as by the contractual partner pursuant to Section 3 (4) (4) are issued by the Austrian Football Association and the Austrian Football League with the expiry of a protocol imposed in accordance with paragraph 2 above. Deletion of sports facilities, but at the latest after two years from the date of transmission. If, within six months from the date of the transmission, the respective contracting party has not imposed a prohibition on sports activities against the person concerned, the data and minutes shall be deleted at the end of this period.

(5) The person concerned shall be notified in writing by the authority of data transfer pursuant to paragraph 2.

(6) Security authorities are empowered to verify that the contracting parties comply with their obligations pursuant to paragraph 3 (3) (1) to (4). If a contracting party does not comply with an obligation pursuant to paragraph 3, a new data transfer to the same shall not be allowed until after the expiry of three years from the conclusion of the infringement.

Section 4

Categorization

Categorization of fireworks

§ 11. Fireworks shall be classified according to their type of use or their purpose and the degree of their hazards, including their noise level, in:

1.

Category F1: fireworks which present a very low risk, have a negligible noise level and which can be used in closed areas, including fireworks, which are used for use inside residential buildings are provided for;

2.

Category F2: fireworks, which present a low risk, have a low noise level and are intended for use in restricted outdoor areas;

3.

Category F3: fireworks which present an average hazard intended for use in open-air open areas and whose noise levels do not endanger human health;

4.

Category F4: Fireworks, which pose a great danger, are only intended for use by persons with appropriate expertise and whose noise levels do not endanger human health.

Categorization of pyrotechnic articles for stage and theatre

§ 12. Pyrotechnic articles for the stage and the theatre shall be subdivided according to their type of use or their purpose and the degree of their hazards, including their noise level, in:

1.

Category T1: pyrotechnic articles intended for use on stages and in theatres, which present a low risk;

2.

Category T2: pyrotechnic articles for use on stages and in theatres, which may only be used by persons with specialist knowledge.

Categorisation of other pyrotechnic articles

§ 13. Pyrotechnic articles not covered by § § 11 and 12 shall be subdivided according to their type of use or purpose and the degree of their hazards, including their noise level, in:

1.

Category P1: Other pyrotechnic articles, which present a low risk;

2.

Category P2: Other pyrotechnic articles which are reserved for use by persons with specialist knowledge.

Categorization of pyrotechnic sentences

§ 14. (1) Pyrotechnic phrases shall be subdivided according to their type of use or their purpose and the degree of their hazard in:

1.

Category S1: pyrotechnic phrases, of which there is little danger;

2.

Category S2: pyrotechnic sentences, which may only be used by persons with a knowledge of the profession.

(2) The Federal Minister of the Interior shall establish the pyrotechnic rates of category S1 by means of a regulation. The rates not mentioned in this list shall be considered as those of category S2.

Section 5

General provisions

Age restrictions

§ 15. Pyrotechnic articles and sentences may only be possessed and used by persons who have completed the following year of life:

1.

Category F1: 12 years;

2.

Categories F2 and S1: 16 years;

3.

Categories F3, F4, T1, T2, P1, P2 and S2: 18 years.

Reliability

§ 16. (1) A person is reliable, if no facts justify the assumption that he or she

1.

may use pyrotechnic articles or sentences in an abusive or reckless way; or

2.

do not deal properly with pyrotechnic articles or sets or do not keep them carefully, or

3.

to be left to pyrotechnic articles or sentences which are not authorized to possess the same, or

4.

will not comply or only partially comply with the obligations arising from this federal law, the regulations or the regulations which are based on them.

(2) A person is in no way reliable if he

1.

is addictive or

2.

is not in a position to deal with pyrotechnic articles and sentences in accordance with the provisions of this Act and the regulations and the charges based on it.

(3) In the event of a final court conviction, a person shall be deemed to be unreliable on account of

1.

an intentional offence committed or threatened by force or threat of violence, an act of aggresction against the State or the public peace, establishment of or participation in a criminal organisation or organization, conduct of or participation in a terrorist group, terrorist financing, acquisition of ordnance, property damage or animal cruelty to a custodial sentence of more than two months, or a fine of more than 120 daily rates, or

2.

a violation of a violation of the law of the German armed forces or of provisions of the War Material Act, BGBl. No 540/1977, or

3.

commercial, bandage or armed smuggling, or

4.

a offence punishable under the Prohibition Act; or

5.

an intentional or grossly negligent use of pyrotechnic articles or sentences of injury or danger to humans or

6.

a criminal offence referred to in Z 1, provided that it has already been convicted twice, irrespective of the amount of the penalty or fine imposed in each case.

(4) A conviction which is decisive in accordance with paragraph 3 does not exist if it is already eradized. In spite of a non-satisfied conviction within the meaning of paragraph 3, a person can be reliable if the court according to § 12 of the Youth Court Act 1988 (JGG), BGBl. No 599, apart from the sentence of the sentence; the same shall apply if, in accordance with Section 13 of the JGG, the court has reserved the sentence or the sentence, except in the case of custodial sentences of more than six months, in whole or in part. if there is no subsequent penalty or no revocation of the conditional penal review.

(5) A person is deemed to be unreliable if he has been punished more often than twice in a legally binding manner because of serious administrative transgressions

1.

in accordance with pyrotechnic provisions, or

2.

committed in the state of self-inflicted revelation by intentional or negligent enjoyment of alcohol or the use of any other intoxing agent,

provided that none of these punishments has been eraded.

(6) A person shall be deemed not to be reliable if, for reasons which lie in his person, it is not possible to establish the facts relevant to the reliability of the person.

(7) The Authority shall, upon request, issue a certificate of the reliability of the applicant. The application shall be dismissed if the applicant is not reliable.

Expertise and expertise

§ 17. (1) The possession and use of pyrotechnic articles of category F3 is required for the verification of subject-matter.

(2) The proof of expertise is required for the possession and use of the following pyrotechnic articles and sentences:

1.

pyrotechnic articles of category F4;

2.

pyrotechnic articles of category T2, including phrases of category S2;

3.

pyrotechnic articles of category P2.

(3) expertise or expertise within the meaning of (1) and (2) is before

1.

after successful participation in a pyrotechnic course for the corresponding category at a state or state-approved course holder, or

2.

in the case of a commercial authorization for the production of pyrotechnic articles or phrases relating to the category to which the manufactured articles or sets are to be attributed; in the case of the production of pyrotechnic articles of category P2 this shall apply only to the type (group of products) to which the manufactured object is to be attributed; or

3.

in respect of pyrotechnic articles of category P2, in accordance with the credibility of sufficient expertise in relation to the handling of the specific type (product group) to the Authority.

(4) In addition, proof of the

1.

Expertise on pyrotechnic articles in category F3, including expertise on category P2 ignition agents,

2.

Technical knowledge of pyrotechnic articles of category F4 also relating to pyrotechnic articles of category F3, as well as expertise relating to ignition agents of category P2 and

3.

Technical knowledge of pyrotechnic articles of category T2 also expertise on priming agents of category P2 and pyrotechnic sets of category S2

before.

(5) The Authority, at the request of a national of a Member State of the EU or of a Contracting State of the EEA, has completed a training or professional training completed in another Member State of the EU or of another Contracting State of the EEA. To recognise the activity as sufficient proof of subject-matter in accordance with paragraph 1 or a professional knowledge in accordance with paragraph 2, if:

1.

the completed training is essentially equivalent to the courses referred to in paragraph 3 (1) (1); or

2.

the person in another Member State of the EU or another Contracting State of the EEA is entitled to exercise a trade referred to in paragraph 3 (2) (2).

The communication with which an education or a professional activity according to Z 1 or 2 is recognized shall be deemed to be proof of the relevant expertise or expertise.

Courses and teaching staff

§ 18. (1) In order to carry out training courses within the meaning of Section 17 (3) Z 1 and related final examinations, the following shall be entitled:

1.

the Security Academy (§ 11 SPG) and

2.

the training facilities recognised by the Federal Minister for Home Affairs (state-approved teaching staff).

The requirements to be met by teaching staff with regard to the organisation, teaching staff, curricula, facilities, teaching aids, examinations, certificate exhibition and design will be met by a regulation of the Federal Minister for the Interior .

(2) In accordance with paragraph 1 (1) (2), the Federal Minister of the Interior shall be subject to the supervision of courses within the meaning of Section 17 (3) (1) of the supervision of the teaching staff.

(3) The Federal Minister of the Interior shall keep a register of the state-approved teaching staff and, in a suitable manner, establish a list of these training establishments for public inspection.

(4) In order to participate in a pyrotechnic course in order to obtain expertise or expertise within the meaning of § 17 (1) or (2), state or state-recognised training courses may only allow persons who are

1.

have completed the year of life required in accordance with § 15 for the appropriate category, and

2.

a certificate issued within the last three months in accordance with Section 16 (7).

Pyrotechnic ID

§ 19. The Authority shall, upon request, issue a pyrotechnic identity card for one or more of the categories concerned, if the applicant

1.

has completed the life year required in accordance with § 15,

2.

in the case of proof of expertise or expertise in accordance with § 17 (3) Z 2 or 3, reliable (§ 16) and

3.

Expert or professional knowledge in accordance with § 17 (3) or (5) for the requested category.

The application shall be dismissed if one of the conditions of Z 1 to 3 does not exist.

(2) The pyrotechnic identity card shall have the name, date of birth and photograph of the applicant, the categories concerned, in compliance with § 17 (4), and in the case of category P2 the respective type (product group), the designation of the issuing the issuing authority and the date of the exhibition, as well as the corresponding security features. The detailed design of the pyrotechnic ID is determined by the regulation of the Federal Minister of the Interior.

(3) The Authority is authorized to process personal data in the form of automation in the case of procedures for the issuance of the pyrotechnic identity card. Procedural data shall be deleted as soon as they are no longer required, but no later than four years after the date of entry of the legal force of the decision or the execution of an application.

(4) The authorities of a common service provider shall be responsible for the printing and electronic introduction of the data into the pyrotechnic identity card. The latter shall delete the data provided to him as soon as he no longer needs them, but at the latest after the expiry of two months after dispatch of the pyrotechnic ID. The service provider shall arrange for the dispatch of the pyrotechnic identity card to be sent to the authority in accordance with the authority's delivery.

(5) holders of a pyrotechnic ID shall notify the authority within four weeks of the transfer of the main residence, in the absence of such transfer, of the transfer of another residence, indicating the issuing authority.

Possession and Innehabit

§ 20. (1) The provisions relating to the possession contained in this Federal Act shall also apply to the innehabation.

(2) The provisions of this Federal Act on possession and use shall not apply to:

1.

employees of companies which have and may use pyrotechnic articles or sentences in the course of their professional activities and

2.

Persons who, under the supervision and instruction of a person entitled to possession and use, carry out ancillary activities relating to the use of pyrotechnic articles or sets of pyrotechnic articles.

2. MAIN PIECE

PLACING ON THE MARKET AND MARKET SURVEILLANCE

Section 1

Obligations of the manufacturer, importer and trader

Obligations of the manufacturer

§ 21. (1) The manufacturer shall be obliged to ensure that pyrotechnic articles placed on the market are placed on the market

1.

basic safety requirements set out in Annex I to Directive 2007 /23/EC, or

2.

Harmonised European standards published in the Official Journal of the European Union

.

(2) Furthermore, prior to placing on the market, the manufacturer must

1.

to divide pyrotechnic articles according to their use or purpose and the degree of their hazards, including their noise level, in categories according to § § 11 to 13,

2.

present the pyrotechnic articles of a notified body carrying out a conformity assessment in accordance with paragraph 3; and

3.

after completion of the conformity assessment and receipt of a certificate of conformity issued by the notified body, a CE marking according to § 22 on the pyrotechnic articles as well as a marking of the pyrotechnic articles according to § § 23 or 24 (1) to (5).

(3) In the assessment of the conformity of pyrotechnic articles, one of the following procedures shall be carried out:

1.

the EC type-examination procedure (module B) in accordance with section 1 of Annex II to Directive 2007 /23/EC and, at the choice of the manufacturer, either:

a)

the design conformity assessment procedure (module C) referred to in section 2 of Annex II to Directive 2007 /23/EC, or

b)

the production quality assurance procedure (module D) in accordance with section 3 of Annex II to Directive 2007 /23/EC, or

c)

the quality assurance procedure of the product (module E) referred to in Annex II, section 4 of Directive 2007 /23/EC; or

2.

the single-test procedure (module G) referred to in Annex II, section 5 of Directive 2007 /23/EC, or

3.

the comprehensive quality assurance procedure of the product (module H) referred to in Annex II, Section 6 of Directive 2007 /23/EC, as far as pyrotechnic articles of category F4 are concerned.

Affixing of the CE marking

§ 22. (1) After successful completion of the conformity assessment, the manufacturer shall have the CE mark visible, legible and durable on the pyrotechnic articles themselves or, if this is not possible, on an attached Label or on the packaging. The label shall be designed in such a way that it cannot be used again. The model to be used for the CE marking shall be in accordance with Annex IV to Directive 2007 /23/EC.

(2) Signs or inscriptions which are likely to mislead third parties about the meaning and form of the CE mark shall not be affixed to pyrotechnic articles, labelling signs or packaging attached thereto. Other signs may be affixed to pyrotechnic articles, labelling signs or packaging affixed thereto, if the visibility and legibility of the CE marking are not impaired.

(3) Where pyrotechnic articles are subject to other legislation which prescribates the affixing of the CE marking, it shall be stated on the marking in accordance with the provisions of this Federal Law that these objects shall be accepted, that they shall also be used to: the provisions of the other legislation applicable to them.

Marking of pyrotechnic articles for vehicles

§ 23. (1) The labelling of pyrotechnic articles for vehicles shall include:

1.

the name of the manufacturer or, if the manufacturer is not established in the Community, the name of the importer;

2.

the name and type of the item and

3.

Safety notices.

(2) Where there is insufficient space on the subject for the marking required in accordance with paragraph 1, the packaging must be provided with the relevant information.

Identification of other pyrotechnic articles and pyrotechnic phrases

§ 24. (1) The manufacturer must ensure that pyrotechnic articles, with the exception of those for vehicles which are left to end users in the territory of the Federal Republic of Germany, are correctly, visibly, legible and permanently marked in German.

(2) The labelling referred to in paragraph 1 shall contain at least:

1.

the name and address of the manufacturer, or, if the manufacturer is not established in the Community, the name of the manufacturer and the name and address of the importer;

2.

the name and type of the item,

3.

the age limit in question in accordance with § 15,

4.

the category,

5.

Instructions for use,

6.

the net explosives mass and

7.

in the case of fireworks of categories F3 and F4, in addition to the year of manufacture.

(3) Fireworks must also contain the following minimum information:

1.

Category F1: where appropriate, "only for outdoor use" and a minimum safety margin;

2.

Category F2: 'for use outdoors only' and, where appropriate, a minimum safety margin;

3.

Category F3: "only for outdoor use" and a minimum safety margin;

4.

Category F4: "to be used only by persons with specialist knowledge" and a minimum safety margin.

(4) Pyrotechnic articles for stage and theatre must also contain the following minimum information:

1.

Category T1: where appropriate, "only for outdoor use" and a minimum safety margin;

2.

Category T2: "to be used only by persons with specialist knowledge" and a minimum safety margin.

(5) In the event that there is insufficient space on the pyrotechnic article for the identification required under paragraphs 1 to 4, the information must be affixed to the smallest packaging unit.

(6) The labelling of pyrotechnic phrases which are left to end users in the territory of the Federal Republic of Germany must contain the name and type of the sentence, the category in question and an instruction manual. It must be in German language and must be affixed to the smallest packaging unit.

Obligations of the importer and trader

§ 25. (1) If the manufacturer is not established in the Community, the obligations imposed on the manufacturer in accordance with the provisions of this Federal Act shall be taken by the importer.

(2) Traders shall have random checks on whether pyrotechnic articles bear a CE marking and have a marking according to § § 23 or 24 (1) to (5) and whether pyrotechnic sentences are marked in accordance with § 24 (6).

Marketing

§ 26. (1) Pyrotechnic articles may only be placed on the market if:

1.

comply with the requirements laid down in Article 21 (1);

2.

it has been certified by a notified body after a procedure has been carried out in accordance with Article 21 (3);

3.

they are provided with the CE marking as described in § 22; and

4.

they have a marking in accordance with § § 23 or 24 (1) to (5).

(2) Pyrotechnic sentences may only be placed on the market if they have an identification according to § 24 (6).

Section 2

Market surveillance

Market surveillance

§ 27. (1) The Authority shall be responsible for market surveillance in respect of the verification of the placing on the market of pyrotechnic articles and movements which meet the requirements of Section 26. It is authorised to carry out the necessary investigations and acts with manufacturers, importers and distributors, in particular to enter production sites, warehouses and other business premises, to take samples and to enter into the to consult relevant business documents.

(2) Where pyrotechnic articles or phrases do not meet the conditions for their placing on the market and could thus endanger the life, health, property of humans or public safety, the Authority shall have the manufacturer, Importer or distributor

1.

to prohibit the release of such objects and sentences; and

2.

To call back already abandoned pyrotechnic articles and sentences.

In the event of a risk of default, the Authority shall arrange for the pyrotechnic articles and sentences to be secured.

(3) Persons who manufacture, import or act with pyrotechnic articles or phrases shall be obliged to grant access to the Authority to the Authority's premises and to the Authority for the purposes of carrying out market surveillance provide the necessary documentation, information and samples free of charge.

(4) If the Authority finds that a manufacturer, importer or trader does not comply with its obligations under this Federal Act, it shall notify the commercial authority of that obligation.

(5) The measures referred to in paragraph 2 (1) (1) may also cover pyrotechnic articles and sentences, the release of which may be obtained by the customs authorities in accordance with Article 27 (3) of Regulation (EC) No 765/2008 on the requirements for accreditation; and Market surveillance in relation to the marketing of products and repealing Council Regulation (EEC) No 339/93, OJ L 327, 31.12.1993, p. No. OJ L 218 of 13.08.2008 p. 30. The pyrotechnic articles and sentences in question shall be subject to temporary storage in accordance with Article 50 of Regulation (EEC) No 2913/92 establishing the Community Customs Code, OJ L 327, 31.12.1992, p. No. 1 (Customs Code), as last amended by Regulation (EC) No 1791/2006, OJ L 210, 31.7.2006, p. No. 1., as amended by the corrigendum OJ L 363, 20.12.2006, p. No. OJ L 205 of 22.07.1998 p. 75.

3. MAIN PIECE

POSSESSION, USE AND SURRENDER

Section 1

Ownership and use

Possession and use of pyrotechnic articles and sentences

§ 28. (1) The possession and use of pyrotechnic articles and sets of categories F3, F4, T2 and S2 as well as ignition equipment of category P2 are permitted only on the basis of an official authorisation. The authorization shall be granted if:

1.

in the case of an application by a natural person

a)

the applicant, or

b)

a person who has been notified by the applicant and is responsible for the use of this person, who is responsible for the conditions laid down in Section 9 (4) of the Administrative Criminal Law 1991 (VStG), BGBl. No 52, or

2.

in the case of an application by a legal person, a person responsible for the use of the contract according to Z 1 lit. B

has a pyrotechnic identity card for the categories requested and, taking into account the circumstances of the intended use of the pyrotechnic articles and sentences, it is ensured that the hazards of life, health and property of people or of public safety, as well as unreasonable noise nuisances.

(2) The possession and use of pyrotechnic articles of category P2, with the exception of pyrotechnic igniters, shall be permitted only on the basis of an official authorisation. The authorization shall be granted in accordance with the credibility of a requirement for a particular type (product group) of pyrotechnic articles of category P2, if the person referred to in paragraph 1 (1) (1) (1) (1). a or b or Z 2 is equipped with a pyrotechnic identification for the type (product group) of category P2 requested and, in the light of the circumstances of the intended uses of pyrotechnic articles, in particular the requested Places or areas of use and times of use are guaranteed to avoid hazards to life, health and property of people or public safety, as well as unreasonable noise nuisance. Authorization may be granted in the form of a permanent authorization.

(3) The authority shall have the place and time of use as well as the number and categories of pyrotechnic articles and sentences approved, in the case of applications pursuant to paragraph 2, in addition the type of product group concerned, in the notification of consent pursuant to para. 1 or 2 , and with the requirements, conditions and deadlines, in particular those required to avoid the risks of life, health and property of persons or public safety, and to unreasonable noise nuisances, in particular: concerning the type of storage prior to use and compliance with security distances, prescriber.

(4) In the context of the authorised use referred to in paragraph 1, pyrotechnic articles of categories F1, F2, T1 and P1, ignition agents of category P2 and sets of category S1 may be used.

Böllershoot

§ 29. (1) The Böllershoot is only

1.

using Böller (Salut) cannons with Böllerpatrons and

2.

on the basis of a special authorisation

permitted.

(2) An authorisation as referred to in paragraph 1 shall be granted on request to persons who are responsible for the solemn or festive events in which the Böllershoot is a customs.

1.

the 18. have completed their life year,

2.

are reliable and

3.

have the necessary technical knowledge in relation to the arc cannon and the intended use of the bullets,

provided that there is a guarantee on the place and time of the intended shooting, that risks to life, health and property of persons or public safety, as well as unreasonable noise nuisance, are avoided.

(3) Shoot technical knowledge within the meaning of paragraph 2 (2) (3) shall be available if the applicant has knowledge of the functioning and effect of the Böllergeräte in accordance with paragraph 1 (1) (1) of the procedure.

(4) The Authority shall be responsible for the place and time of the shooting of the Böll in the notification of consent and with the latter to prevent the risks of life, health and property of persons or public safety, as well as to the unreasonable nature of the to impose requirements, conditions and deadlines required for noise pollution.

(5) (1) does not apply to the shooting of the Böllershoot with

1.

Prangernipples in the context of the administration of the bride and

2.

pyrotechnic articles within the meaning of § 11.

Section 2

Surrender, inheritance and bequest

Omission of pyrotechnic articles and sentences

§ 30. (1) Pyrotechnic articles and sets of categories F1, F2, T1, P1 and S1 may only be left to persons who have completed the life year as determined in accordance with § 15. Pyrotechnic articles and sets of categories F3, F4, T2, P2 and S2 may only be left to persons who have a corresponding and not yet used entitlement.

(2) In the case of the acquisition of pyrotechnic articles or phrases to which he is entitled, the communication to which he is entitled shall be submitted to the person who leaves such objects or phrases and his name, his/her name, his/her name and his/her name, his/her name and his/her name. Address, date of release as well as type, categories and number of pyrotechnic articles and sentences passed on.

Inheritance and bequest

§ 31. If pyrotechnic articles or phrases of categories F3, F4, T2, P2 or S2 are located in the estate of a deceased, the heir or legatee shall be obliged to have a right of possession within six months of the knowledge of his succession. , or to give it to a person entitled to possession and use.

4. MAIN PIECE

VERBOTE

Pyrotechnic articles and phrases without CE marking or marking

§ 32. (1) The possession and use of pyrotechnic articles and sentences which do not comply with § 26 (1) Z 3 and 4 and (2) shall be prohibited.

(2) Paragraph 1 shall not apply to:

1.

persons entitled to the production of and trade in pyrotechnic articles and movements (manufacturers and distributors) by industrial law, and

2.

commercial importers,

In so far as they have not yet placed the pyrotechnic articles and sets on the market and have them exclusively in the course of their commercial activities and use them.

(3) By way of derogation from paragraph 1, the Authority may, upon request, grant the possession and use of pyrotechnic articles and phrases within the meaning of paragraph 1, if:

1.

the applicant makes it credible that they are not left to third parties,

2.

is required for the achievement of a scenic effect within the framework of a concrete, internationally produced stage, theatre or music screening or film production,

3.

the intended effect cannot be achieved by the use of this federal law of corresponding pyrotechnic articles or phrases or other permitted techniques, methods or procedures,

4.

the person referred to in § 28 (1) Z 1 lit. a or b or Z 2 the 18. is completed, is reliable and has the necessary expertise or expertise, and

5.

shall be avoided at the place and time of intended use, to avoid endangering the life, health or property of persons or public safety, and to avoid unreasonable noise nuisances.

(4) In the case of permits referred to in paragraph 3, the Authority shall have the conditions, conditions and conditions required to prevent the risks of life, health or property of humans or public safety and unreasonable noise nuisance. To prescribe temporary contracts. Pyrotechnic articles and sentences within the meaning of section 28 (4) may also be used.

Reicer-generating pyrotechnic articles and sentences

§ 33. The possession, use, release and placing on the market of matery-producing pyrotechnic articles or phrases shall be prohibited.

Crunk body with flash bang sets

§ 34. The possession, use, release and placing on the market of pyrotechnic articles of category F2 intended for the production of crunk, which contain a flashpoint set as a bang set, are prohibited.

Non-industrial production and delaboration

§ 35. The production and delaboration of pyrotechnic articles and movements without authorization to produce them shall be prohibited.

Common ignition

§ 36. (1) Pyrotechnic articles of categories F1, F2, T1 and P1 may only be ignited individually and separately from each other.

(2) Paragraph 1 shall not apply to pyrotechnic articles which:

1.

have been produced for common ignition and placed on the market, or

2.

be used by persons who have a pyrotechnic identity card for the category F3, F4 or T2, or

3.

of category T1, to the extent to which they are connected and ignited within the framework of an event which is permissible under the terms of the provisions of the event, with ignition agents of category P1, and where there is an ignition point which such an event is Can be used without further technical effort. In this way, the pyrotechnic articles must not have any changed effect.

Demise Use

§ 37. (1) The use of pyrotechnic articles and sentences which is contrary to the law is prohibited.

(2) By way of derogation from paragraph 1, the Authority may, upon request, authorise the use of pyrotechnic articles or sets of pyrotechnic articles, if:

1.

the use is necessary to achieve a scenic effect in the context of a concrete stage, theatre or music performance or film production,

2.

the intended effect cannot be achieved by means of dedicated use or by using other permitted techniques, methods or procedures,

3.

the person referred to in § 28 (1) Z 1 lit. a or b or Z 2 has a pyrotechnic identity card and

4.

is ensured that hazards to life, health and property of people or public safety, as well as unreasonable noise nuisance are avoided.

(3) In the case of permits referred to in paragraph 2, the Authority shall have the conditions, conditions and conditions required to prevent the risks of life, health or property of humans or public safety and unreasonable noise nuisance. To prescribe temporary contracts.

Use in specific locations

§ 38. (1) The use of pyrotechnic articles of category F2 in the local area shall be prohibited, unless it is carried out within the scope of a co-use permitted in accordance with Section 28 (4) or § 32 (4). The mayor may, by means of a regulation, remove certain parts of the local area from this prohibition, provided that, in accordance with local conditions, the use of hazards to the life, health and property of people or of the public Safety as well as unreasonable noise nuisances are not to be obtained.

(2) The use of pyrotechnic articles and sentences within and in the immediate vicinity of churches, places of worship, hospitals, children's homes, old-age and recreational homes as well as animal shelters and animal gardens is prohibited.

(3) Paragraph 2 shall not apply to pyrotechnic articles and phrases which have no acoustic effect as the main effect, if:

1.

which has been shown to have given its consent for use by the establishment, and

2.

is ensured that the risks of life, health and property of people or of public safety are not created.

(4) Pyrotechnic articles and phrases of categories F2 and S1 may not be used in enclosed spaces, unless:

1.

its statement of use expressly declares this to be admissible; and

2.

Hazards of life, health and property of people or public safety as well as unreasonable noise nuisance are excluded.

(5) The use of pyrotechnic articles and sentences in the vicinity of easily flammable or potentially explosive objects, installations and places, such as petrol stations in particular, shall be prohibited.

Possession and use in special circumstances

§ 39. (1) Pyrotechnic articles of category F2 shall not be used within or in the immediate vicinity of larger gatherings of human beings, unless they are carried out within the scope of a co-use permitted in accordance with Section 28 (4) or § 32 (4).

(2) Pyrotechnic articles and sentences must not be obsessed with a sporting event and not be used in a factual, local and time-related context.

(3) The Authority may grant the organiser, on request, temporary and limited exceptions to the prohibition laid down in paragraph 2 for certain occasions. § 28 shall apply for the approval of the possession and use of pyrotechnic articles or sets of categories F3, F4, T2, P2 or S2. For the possession and use of pyrotechnic articles of categories F1, F2, T1, P1 or S1, the authorization may be granted if the person is referred to in § 28 (1) (1) (1) (1) (1) lit. (a) or (b) or (Z 2) which has been completed in accordance with § 15, is reliable and, in the circumstances of the intended use of the pyrotechnic articles or sentences, is insured, that hazards of life are guaranteed, The Authority shall be authorised to prescribe conditions, conditions and limits within the meaning of Section 28 (3) of this Directive.

(4) The prohibitions referred to in paragraph 2 shall not apply to active participants in sporting events and to persons who perform relevant functions for the course of a sporting event, insofar as they have an immanent pyrotechnic effect on the sport in question. Objects, such as emergency signals or take-off pistols, carry on with them.

5. MAIN PIECE

CRIMINAL, CLOSURE AND TRANSITIONAL PROVISIONS

Section 1

Criminal provisions

Administrative transgressions

§ 40. (1) If a conduct does not constitute the offence of a criminal act falling within the jurisdiction of the courts, an administrative surrender shall apply, who shall be subject to this federal law, regulations issued pursuant to this Federal Act, or Humble. He's in the trap of disregard

1.

the provisions of the second main item with a fine of up to € 10 000 or imprisonment of up to six weeks,

2.

the prohibition of use pursuant to section 39 (2) with a fine of up to € 4 360 or imprisonment of up to four weeks,

3.

other provisions with a fine of up to € 3 600 or with imprisonment of up to three weeks

to punish.

(2) The attempt is punishable.

Verfall

§ 41. (1) Pyrotechnic articles and sentences, as well as for the shooting of certain shooting requirements, which form the subject of an act punishable in accordance with Section 40, shall be declared forfeit by the Authority, if:

1.

they belong to the perpetrator or to a co-culprit and the declaration of failure to repel risks associated with abusive or reckless use or unsafe custody appears to be necessary; or

2.

they would be able to follow a person who is not entitled to their property, or

3.

their origin is not detectable.

(2) If no particular person is to be persecuted, it is possible to recognise the decay independently if, moreover, the conditions for this are available.

(3) In accordance with para. 1 or 2, objects or sentences passed on shall be the property of the federal government.

Section 2

Closure and transitional provisions

Linguistic equality

§ 42. As far as natural persons are referred to in this Act only in male form, they shall refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

References

§ 43. (1) Assignments in this Federal Act to other federal laws are to be understood as references to the version in force in each case, unless otherwise specified.

(2) Assignments in other federal laws to the pyrotechnic law in 1974 shall be deemed to be references to this federal law.

Enforcement

§ 44. (1) The Federal Minister of Finance is responsible for the enforcement of Section 27 (5); with regard to § 7 in agreement with the Federal Minister for Home Affairs.

(2) The Federal Minister of the Interior shall be responsible for the enforcement of the remaining provisions.

entry into force

§ 45. (1) This federal law shall take place on the 4. Jänner 2010 in force.

(2) Regulations pursuant to this Federal Act may be enacted prior to the entry into force of this Federal Law; however, they shall enter into force at the earliest at the earliest.

Override

§ 46. The Pyrotechnic Act 1974, BGBl. N ° 282, occurs with the expiry of the 3. Jänner 2010 repeal.

Transitional provisions

§ 47. (1) Until 4 July 2010

1.

pyrotechnic articles of classes I to IV within the meaning of § § 3 to 6 of the Pyrotechnic Act 1974, BGBl. N ° 282, in the version BGBl. I n ° 98/2001, as pyrotechnic articles of categories F1 to F4 within the meaning of this Federal Law,

2.

Anti-skid missiles, ballistic missiles and buckling cartridges for the purpose of defence against fire in the sense of § § 11 and 12 of the 1974 Pyrotechnic Act, BGBl. N ° 282, in the version BGBl. I n ° 98/2001, as pyrotechnic articles of category P2 within the meaning of this Federal Law and

3.

Smoke or mist-generating pyrotechnic articles within the meaning of § 8 of the Pyrotechnic Act 1974, BGBl. N ° 282, in the version BGBl. I n ° 98/2001, as pyrotechnic articles of category T1 within the meaning of this Federal Law.

§ § 21, 22, 26 (1), (1) to (3) and (32), insofar as it concerns the prohibition of pyrotechnic articles without the CE mark, shall not be used in this period. Instead of the marking in accordance with § 24 (1) to (5), the marking according to § 20 of the Pyrotechnic Act 1974, Federal Law Gazette (BGBl). N ° 282, in the version BGBl. I n ° 98/2001, on the subject matter concerned.

(2) For pyrotechnic articles of classes I to III within the meaning of § § 3 to 5 of the Pyrotechnic Act 1974, BGBl. N ° 282, in the version BGBl. I n ° 98/2001, whose market launch in the Federal Republic of Germany

1.

before 4 July 2010 shall be valid from 4 July 2010 to 4 July 2017 (1).

2.

as of 4 July 2010, this federal law shall apply.

(3) For pyrotechnic articles of class IV, anti-hail missiles, rockets and buckling cartridges for the purpose of a fire, as well as smoke or fog-generating pyrotechnic articles within the meaning of § § 6, 8, 11 and 12 of the Pyrotechnic Act 1974, BGBl. N ° 282, in the version BGBl. I n ° 98/2001, whose market launch in the Federal Republic of Germany

1.

in the period from 4 July 2010 to 3 July 2013, shall be valid until 4 July 2017 (1).

2.

as of 4 July 2013, this federal law shall apply.

(4) On pyrotechnic articles, which are provided by the pyrotechnic law in 1974, BGBl. N ° 282, in the version BGBl. I n ° 98/2001, this federal law shall not apply until 3 July 2013. Is its market launch in the Federal Republic of Germany

1.

before 4 July 2013, the Federal Act shall apply from 4 July 2013 until 4 July 2017, with the exception of Sections 21, 22, 26 (1) and (1) to (3) and 32 of this Act, insofar as it concerns the prohibition of pyrotechnic articles without CE marks.

2.

as of 4 July 2013, this federal law shall apply.

(5) For pyrotechnic articles for the vehicle industry, the market launch of which takes place in the Federal territory before 4 July 2013, the second main piece of this Federal Act and § 32 shall not apply contrary to paragraph 4 Z 1.

(6) Pyrotechnic articles, which fall under the provision of § 34, may be owned, used, used and placed on the market until 4 July 2013. As of 4 July 2013, they may be possessed and used, but no longer left to be left to the market or placed on the market. As of 4 July 2017, they may no longer be possessed and used.

(7) Pyrotechnic sentences may, up to and including 4 July 2010, replace the marking in accordance with section 24 (6) of the pyrotechnic code according to § 20 (2) and (3) of the pyrotechnic act 1974, BGBl. N ° 282, in the version BGBl. I n ° 98/2001.

(8) Pyrotechnic articles from the 1974 Pyrotechnic Act, BGBl. N ° 282, in the version BGBl. I No 98/2001,

1.

, and on 3. Jänner 2010 will be legally owned, will continue to be obsessed. The admissibility of their use shall be assessed in accordance with the provisions of this Federal Law.

2.

were not recorded and will be legally possessed on 3 July 2013, may continue to be owned and used until 4 July 2017.

(9) Persons who are reliable and demonstrate until 4 July 2017 that they have been entitled to:

1.

Medium fireworks within the meaning of § 5 of the Pyrotechnic Act 1974, BGBl. N ° 282, in the version BGBl. I n ° 98/2001, fulfil the requirements for the acquisition of a pyrotechnic document relating to pyrotechnic articles of category F3 and ignition products of category P2.

2.

Large fireworks within the meaning of § 6 of the pyrotechnic Act 1974, BGBl. N ° 282, in the version BGBl. I n ° 98/2001, to own and use, or to issue an official certificate in accordance with Section 6 (5) of the Pyrotechnic Act 1974, BGBl. N ° 282, in the version BGBl. I n ° 98/2001, meet the requirements for the acquisition of a pyrotechnic identity card relating to pyrotechnic articles in categories F4 and F3 and ignition agents of category P2.

Upon request, these persons shall be issued with a corresponding pyrotechnic identification by the authority.

(10) Persons who are reliable and prove until 4 July 2017 that they will be 18. have been completed and before the age of 4. January 2010 have acquired sufficient expertise in theatrical and theatrical pyrotechnics, fulfil the requirements for the acquisition of a pyrotechnic ID relating to pyrotechnic articles of category T2, ignition agents of category P2, and pyrotechnic phrases of category S2. Upon request, these persons shall be issued with a corresponding pyrotechnic identification by the authority.

(11) Persons who are reliable and prove until 4 July 2017 that before 1 July 2010 they have completed an apprenticeship with a teaching staff within the meaning of section 18 (1) of a training course which is subject to a course of training carried out in accordance with § 17 (3) (1) (1) (1). The conditions for the acquisition of a pyrotechnic ID concerning the categories of pyrotechnic articles and sentences in accordance with § § 15 and 17 (4) shall be fulfilled. Upon request, these persons shall be issued with a corresponding pyrotechnic identification by the authority.

(12) On 4 Jänner 2010 pending proceedings, which are covered by the regulatory content of this Federal Act, are in accordance with the provisions of the pyrotechnic act 1974, BGBl. N ° 282, in the version BGBl. I n ° 98/2001. Permits according to the pyrotechnic law in 1974 shall be deemed to be the corresponding permits within the meaning of this Federal Law.

(13) On the basis of Section 4 (4) of the pyrotechnic Act 1974, BGBl. N ° 282, in the version BGBl. I n ° 98/2001, decreed regulations which are applicable at the time of the entry into force of this Federal Law shall be deemed to be corresponding regulations within the meaning of Section 38 (1) of this Federal Law.

(14) The prohibitions pursuant to sections 33 and 35 to 39 shall apply from the entry into force of this Federal Act in respect of the temporal provisions of paragraphs 1 to 13 of this Act.

Article 2

Amendment of the Security Policy Act

The Security Policy Act (SPG), BGBl. No 566/1991, as last amended by the Federal Law BGBl. N ° 72/2009, shall be amended as follows:

1. In Section 56 (1), the following Z 3a shall be inserted after Z 3:

" 3a.

to the Austrian Football Association and the Austrian Football League for the examination and instigation of a ban on sports activities if the person concerned is a dangerous attack against life, health or property under the application of has committed violence in connection with a major football event. For this purpose, only the name, date of birth, address and particulars relating to the reason for the incrimination and, where appropriate, information on the outcome of the criminal proceedings shall be transmitted; "

Section 56 is added to the following paragraph 5:

" (5) The transfer of personal data in accordance with paragraph 1 Z 3a is only permissible if the Austrian Football Association and the Austrian Football League have contractually committed themselves to the Federal Minister for Home Affairs,

1.

to use the data only for the specified purpose, in its scope of action and in accordance with the provisions of the 2000 Data Protection Act,

2.

to secure the data against unauthorized use in accordance with the provisions of § 14 Data Protection Act 2000, in particular through organisational and technical arrangements to ensure that access to rooms in which an access possibility is available to the data transmitted is only possible on behalf of those who work on their behalf,

3.

to comply with their extinguishing obligations,

4.

to record every query and transmission of the data in their sphere of activity; and

5.

to grant access to rooms and access to data processing equipment to the security authorities and to provide them with the necessary information, on request, to the extent necessary to verify compliance with the obligations which have been set out in Z 1 to 4.

Before the conclusion of the contract by the Federal Minister of the Interior, the data protection council is to be heard. Data transmitted by the authority in accordance with paragraph 1 Z 3a as well as the protocols prepared by the contracting party pursuant to Z 4 are from the Austrian Football Association and the Austrian Football League with the expiry of a period imposed in accordance with paragraph 1 Z 3a. Deletion of sports facilities, but at the latest after two years from the date of transmission. If, within six months from the date of the transmission, the respective contracting party has not imposed a prohibition on sports activities against the person concerned, the data and minutes shall be deleted at the end of this period. The person concerned shall be notified in writing by the safety authority of data transfer pursuant to paragraph 1 (1) (3a). Security authorities shall be authorised to verify that the contracting parties comply with their obligations under Z 1 to 4. If a contracting party does not comply with an obligation under Z 1 to 5, a renewed data transfer to the same shall not be allowed until after the expiry of three years from the date of the infringement. "

3. In § 58b (1), the second sentence reads:

" For these purposes, the competent authorities shall also be allowed to provide data on persons held, including an image to be produced on the occasion of the recording, in a composite information system operated by the Federal Minister of the Interior -use auto-support to the extent that they relate to criminal acts or to life circumstances relevant to the execution, including their state of health and their ethnic or religious affiliation. "

(4) § 58b (4) shall be preceded by the following sentence:

"Light images shall be deleted upon dismissal of the person concerned."

(5) In § 91c (1), before the word order "by concealed investigation (§ 54 para. 3)" the phrase "through Observation (§ 54 para. 2)," inserted.

(6) The following paragraph 27 is added to § 94:

" (27) § 56 (1) (3a) and (5) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 131/2009 is 4. Jänner 2010 in force. "

(7) The following paragraph 28 is added to § 94:

" (28) § § 58b (1) and (4) and 91c (1) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 131/2009 will be 1. Jänner 2010 in force. "

Fischer

Faymann