81. Federal Act amending the Industrial Regulations 1994 (Seveso III-Novelle) and amending the emission protection law for boiler plants

The National Council has decided:

Article 1

Amendment of the Industrial Regulations 1994 (Seveso III-Novelle)

The Industrial Order 1994-GewO 1994, BGBl. No. 194/1994, as last amended by the Federal Law BGBl. I No 48/2015, shall be amended as follows:

1. In § 2 (5) as well as in § 381 (6) and (7) the reference to "§ 84h" by reference to "§ 84p" replaced.

2. § 2 (16) reads:

" (16) On plants for the production or processing of shooting and explosives within the meaning of § 3 (1) Z 1 and Z 4 of the Explosives Act 2010, Federal Law Gazette (BGBl). I n ° 121/2009, as last amended by the Federal Law BGBl. I N ° 161/2013, which meets the criteria of Z 4.6 of the Appendix 3 or to installations for production, processing and/or processing or storage of shooting and explosives in which dangerous substances are present in quantities to be used in Appendix 5 Part 1, column 2 or in Appendix 5 The provisions relating to the operating facilities and the related provisions of this Federal Act (§ § 74 to 84p, 333 to 338, 353 to 360, 362, 366 and 371 to 373) shall be found in Part 2, column 2, of the quantities referred to in Part 2, column 2. Application. Without prejudice to § 376 Z 48, the provisions of the shooting and explosives law shall not be applied to these installations. "

3. In Section 14 (5), the words in Z 1 shall be: "§ 49 (2) to (4) of the law on the establishment of a residence permit and residence permit" by the words "§ 49 (2) and (4) of the Law on the Law of the Establishment and Residence Act" is replaced by the last sentence.

4. In Section 69 (1), the designation shall be: "Federal Minister for Economic Affairs" by the name "Federal Minister for Science, Research and the Economy" replaced.

5. In Section 69 (2), the designation shall be: "Federal Minister for Economic Affairs" by the name "Federal Minister for Science, Research and the Economy" , the name "Federal Minister for Health, Sports and Consumer Protection" by the name "Federal Minister for Labour, Social Affairs and Consumer Protection" , the name "Federal Minister for Health, Sports and Consumer Protection" by the name "Federal Minister for Labour, Social Affairs and Consumer Protection" and the name "Federal Minister for Health and Consumer Protection" by the name "Federal Minister for Labour, Social Affairs and Consumer Protection" replaced.

6. The 8a. Section with headline will be replaced by the following 8a. Section replaced:

" 8a. Section

Control of major-accident hazards involving dangerous substances

Objective and scope

§ 84a. (1) The aim of this section is to prevent serious accidents involving dangerous substances and to limit their consequences.

(2) This section shall apply to establishments within the meaning of § 84b Z 1.

(3) The requirements of this section must be fulfilled in addition to the requirements in accordance with other provisions of this Federal Law; they are not an approval requirement within the meaning of § § 77 and 77a and do not justify a party position in the sense of § 356.

(4) This Section shall not apply to:

1.		dangers arising from substances caused by ionizing radiation,
2.		Landfills.

Terms

§ 84b. For the purposes of this section, are:

1.		"holding" means the area under the supervision of a holder (industrial plant within the meaning of Article 74 (1)), in which dangerous substances are present in one or more technical installations (Z 8), including common or related infrastructures and activities; establishments are either lower-class establishments (Z 2) or upper-class establishments (Z 3);
2.		"lower-class operation" means a holding in which dangerous substances are present in quantities to be used in the Appendix 5 Part 1, column 2 or in Appendix 5 In the case of Part 2, column 2, the quantities referred to in paragraph 2 shall be equal to or exceed Appendix 5 Part 1, column 3, or Appendix 5 Part 2, column 3, where appropriate, the addition rule as indicated in the notes to the Annex 5 Z 4 shall apply;
3.		"upper class operation" means a holding in which dangerous substances are present in quantities to be used in the Appendix 5 Part 1, column 3 or in Appendix 5 In the case of Part 2, column 3, the quantities referred to in paragraph 2 correspond to or exceed the quantities referred to in column 3, the Annex 5 Z 4 shall apply;
4.		"neighbouring establishment" means an operation which is so close to another establishment that it increases the risk or consequences of a serious accident;
5.		"new operation"
a)			an establishment which is set up or put into service on or after 1 June 2015;
b)			an industrial plant not covered by Z 1 which falls under this section on or after 1 June 2015 following changes in the list of dangerous substances (Article 84d (1) Z 3),
c)			an operation of the lower class which, on or after 1 June 2015, will become an upper class operation due to changes resulting in a change in the list of dangerous substances;
d)			an operation of the upper class which, on or after 1 June 2015, will become a lower-class operation due to changes resulting in a change in the list of dangerous substances;
6.		"existing establishment" means a holding which has fallen under industrial industrial accident law after the legal situation in force until 31 May 2015 and which falls under this section without any change in the classification of the dangerous substances as from 1 June 2015;
7.		"other operation"
a)			a holding on or after 1 June 2015 from other than in the case of Z 5 lit. (b) for reasons referred to in this section,
b)			an operation of the lower class on or after 1 June 2015 from others than in the Z 5 lit. c) shall become an upper class operation;
c)			an operation of the upper class on or after 1 June 2015 from others than in the Z 5 lit. (d) shall become a lower-class operation;
8.		"technical installation" means a technical unit within a holding, whether or not above or below ground, in which dangerous substances are produced, used, handled or stored. It includes all facilities, structures, piping, machinery, tools, warehouses, private track closures, harbor basins, transhipment facilities, lids or similar, also floating constructions, designed for the operation of the technical plant. shall be required;
9.		"dangerous substances" means substances or mixtures which are used in the Appendix 5 Part 1, or the one in the Appendix 5 (2) meet the criteria laid down in Part 2, including in the form of a raw material, an end product, an intermediate or a by-product or a residue;
10.		"mixture" means a mixture or a solution consisting of two or more substances;
11.		"presence of dangerous substances" means the actual or intended presence of dangerous substances in the operation or of dangerous substances where reasonably foreseeable that they are carried out in the event of processes other than control, , including storage activities which are carried out in one of the technical installations within the holding, in quantities which are the Appendix 5 the quantity thresholds referred to in Part 1 or part 2 are or are above;
12.		"serious accident" means an event resulting from uncontrolled operations in a holding covered by this section (such as an emission, fire or explosion of a larger scale), either directly or later, either inside or outside the Community. the operation poses a serious risk to human health or the environment and in which one or more dangerous substances are involved;
13.		"near-accident" means an incident in operation which could have resulted in a serious accident;
14.		"danger" means the nature of a dangerous substance or a specific situation which is likely to be harmful to human health or the environment;
15.		"risk" means the likelihood of a certain effect occurring within a given period of time or under certain circumstances;
16.		"storage" means the presence of a quantity of dangerous substances (Z 9) for the purpose of storage, storage or storage;
17.		"inspection" means all measures, including on-the-spot inspections, inspections of internal measures, systems, reports and follow-up documents, and any necessary follow-up actions carried out by the Authority to ensure compliance with the To review and promote the provisions of this section.

General obligations of the holder

§ 84c. The farmer shall take all necessary measures in accordance with the state of the art (§ 71a) in order to prevent serious accidents and to limit the consequences thereof for human health and the environment.

Announcements by the holder

§ 84d. The farmer shall submit the following information to the Authority:

1.		the name, registered office and address of the holder and the full address of the holding, including the geographical coordinates matching the address;
2.		the name and function of the person responsible for the holding, if different from Z 1;
3.		List of dangerous substances, consisting of sufficient information
a)			for the identification of dangerous substances or the category of dangerous substances, and
b)			on the classification of dangerous substances to the corresponding paragraph of Part 1 or part 2 of the Appendix 5 and to
c)			the quantity and physical form of dangerous substances;
4.		the activities carried out or intended to be carried out during the operation;
5.		Description of the immediate vicinity of the holding, taking into account the factors which may cause or increase the consequences of a major accident, including, where available, details of neighbouring farms, not under § 84b Z 1 adjacent commercial premises and other adjacent installations not subject to the provisions of industrial plant law, as well as to areas and developments likely to be caused by a major accident, or to the Risk or the consequences of a severe accident or of domino effects (§ 84i).

(2) The notification referred to in paragraph 1 shall be forwarded to the Authority within the following time limits:

1.		within a reasonable period of time before the entry into service of new holdings, or in the event of changes to the list of dangerous substances,
2.		in the cases not covered by Z 1, within a period of one year from the date on which the establishment falls within the scope of this Section.

(3) Before a substantial increase or reduction of the quantity indicated in the notification referred to in paragraph 1, or a substantial change in the nature or physical form of the existing dangerous substances (amendment of the (i) the list of dangerous substances, or a substantial change in the procedures for use of these substances, or of a change in the holding which has a significant impact on the risks associated with serious accidents , the holder of the authority shall inform the Authority of a communication which has been amended accordingly. ,

(4) The farmer shall inform the Authority in advance of any change in the particulars referred to in paragraph 1 (1) (1) and (2), as well as the definitive closure or interruption of the holding, without prejudice to § § 80 and 83.

(5) In the event of a serious accident, the farmer shall, in accordance with a regulation in accordance with § 84m, immediately in the most appropriate manner

1.		to inform the Authority of the circumstances of the accident, the dangerous substances involved, the data available for the assessment of the consequences of the accident for human health, the environment and the facts, and the emergency measures taken;
2.		inform the Authority of the steps to be taken in order to mitigate the medium-and long-term consequences of accidents and to avoid any repetition of such an accident;
3.		update this information if additional relevant facts arise during a more detailed examination.

Security concept

§ 84e. The farmer shall, in accordance with a regulation in accordance with § 84m, draw up a concept for the prevention of major accidents (safety concept), to implement it and to keep it available for inspection by the authority. The implementation of the safety concept and, where appropriate, the modification of the safety concept shall be demonstrated.

(2) The security concept shall be drawn up within the following time limits:

1.		within a reasonable period of time before the entry into service of new holdings, or in the event of changes to the list of dangerous substances,
2.		in the cases not covered by Z 1, within a period of one year from the date on which the establishment falls within the scope of this Section.

(3) The security concept shall be implemented by means of a security management system in accordance with a regulation in accordance with § 84m. In the case of lower-tier establishments, the obligation to implement the concept may be replaced by other appropriate means, structures and management systems, taking into account the principles of a security management system must.

Security Report

§ 84f. (1) The holder of an upper-class establishment shall draw up a safety report in accordance with a regulation in accordance with § 84m, which states that:

1.		a security concept has been implemented and a security management system for its application is available;
2.		the hazards of major accidents have been identified and all the necessary measures have been taken to prevent such accidents and to limit the consequences for human health and the environment;
3.		the design, construction, operation and maintenance of all technical installations and the infrastructures necessary for their operation, which are in operation in the context of the risk of major accidents, and are reliable;
4.		an internal emergency plan to ensure that the necessary measures can be taken in the event of a major accident, and that information is provided to the authorities responsible for the preparation of the external emergency plan , in order to facilitate the preparation of the external emergency plan;
5.		the competent authorities responsible for local and local spatial planning have been provided with sufficient information as a basis for decisions on the establishment of new activities or developments in the neighbourhood of existing establishments.

(2) The safety report shall be submitted to the Authority within the following time limits:

1.		within a reasonable period of time before the entry into service of new holdings, or in the event of changes to the list of dangerous substances,
2.		in the case of existing establishments until 1 June 2016;
3.		in the case of other establishments, within a period of two years from the date on which the establishment falls within the scope of this Section.

Review and modification of security concept or safety report

§ 84g. (1) The farmer shall review and update the safety concept or safety report if new facts or new safety findings so require, but at least every five years; after a severe In any case, the safety report must be reviewed and, if necessary, updated. The safety report shall also be updated at the request of the Authority, if this is justified by new findings. The updated parts of the safety report shall be forwarded to the Authority without delay.

(2) In the event of a change in the holding,

1.		which may have a significant impact on the risks associated with major accidents,
2.		which leads to a lower-class operation becoming an upper-class mode of operation, or
3.		which leads to the operation of the upper class becoming a lower-class operation,
the farmer shall review and, if necessary, amend the communication within the meaning of Article 84d, the safety concept, the safety report and the safety management system. The farmer shall inform the Authority of the changes to the safety report before carrying out the change in the holding.

Internal Emergency Plan

§ 84h. (1) holders of upper-class establishments shall have an internal emergency plan for subcontractors after the holding of the works council, if such a company exists, and the employees, including the relevant long-term staff. To establish measures within the holding in accordance with a regulation in accordance with § 84m. This internal emergency plan shall be notified to the Authority and shall be submitted on request. The internal emergency plan shall be reviewed by the farmer at the latest every three years, to be tested and, if necessary, to changes in the operation and emergency services, as well as to new knowledge and experience. and apply in the event of a start.

(2) The obligation laid down in paragraph 1 shall be fulfilled within the following time limits:

1.		within a reasonable period of time before the entry into service of new establishments or changes which result in a change in the list of dangerous substances;
2.		in the case of existing establishments until 1 June 2016;
3.		in the case of other establishments, within a period of one year from the date on which the establishment falls within the scope of this Section.

Domino effect

§ 84i. An exchange between neighbouring establishments, where there is an increased risk of major accidents due to their location and proximity to each other and their hazardous substances, or where these accidents may be more serious (domino effect), has an exchange rate relevant information relevant to the security concept, to the safety report, to the internal emergency plan or to the safety management system.

Information obligation

§ 84j. The farmer shall be required, at the request of the authority, to provide the authority with all the information necessary to assess the possibility of the occurrence of a serious accident, in particular in so far as it is necessary for the performance of the obligation to carry out inspections, to assess the possibility of domino effects and to assess the properties of dangerous substances in a more precise way.

Inspection System

§ 84k. The Authority shall draw up a system of inspections or other control measures for establishments situated in its local area of responsibility and shall, on the basis of that system, ensure compliance with the obligations of the farmers to monitor systematically and systematically.

(2) The inspection system shall consist of an inspection plan (paragraph 1). 3) and an inspection programme (para. 4) and must be appropriate for the verification of the operational, organisational and management systems of the establishment concerned, in particular as to whether the farmer is involved in the operation of the operational, organisational and management systems of the establishment concerned. -the activities of the major-accident prevention activities have taken the necessary measures to ensure that the farmer has provided adequate means to limit the consequences of major accidents, whether they are included in the safety report or in other reports. The information and information shall reflect the circumstances of the holding and whether the public within the meaning of Section 14 of the Environmental Information Law, BGBl. No 495/1993, as amended, has been notified. In the context of such a review within the meaning of § 338, employees may be questioned about their activities as respondents to the safety management systems employed and shall carry out checks on the condition of dangerous substances. .

(3) The inspection plan shall include the following details:

1.		A general assessment of relevant safety issues;
2.		the territorial scope of the plan;
3.		a list of establishments covered by the plan;
4.		any information about domino effects;
5.		those establishments in which external sources of risk may increase the risk of a serious accident or aggravate the consequences of the accident;
6.		procedures for routine inspections;
7.		procedures for non-routine inspections;
8.		Provisions for cooperation between inspection authorities.

(4) On the basis of the inspection plan, the Authority shall draw up an inspection programme relating to the chronological sequence of inspections. The time intervals for the on-the-spot verification of upper-class establishments may not exceed one year, for lower-tier establishments no more than three years, unless the Authority has on the basis of the inspection programme on the basis of a systematic assessment of the major-accident hazards of the operation to be taken into account. The following criteria shall be taken into consideration in this assessment:

1.		the potential impact on human health and the environment of the farms concerned;
2.		Verifiable compliance with the requirements of this section.

(5) In addition to routine inspections, routine inspections are not to be carried out if, in the opinion of the Authority, this is due to serious complaints, serious accidents, incidents, near-accidents or non-compliance. is appropriate for requirements under this section. If a significant breach of the requirements of this section has been established during an inspection in accordance with the inspection programme, the additional inspection shall take place at the latest within six months of the previous inspection.

(6) A transcript must be drawn up for each inspection. Within four months of each inspection, the Authority shall inform the farmer of its conclusions and of all the necessary measures identified. The farmer shall take these measures within a reasonable period of time after receipt of the conclusions of the inspection. Within four months of the on-the-spot verification, the Authority shall disclose on the Internet when that review has taken place and where further information is to be obtained. Business and trade secrets are to be maintained.

Regulatory Obligations

§ 84l. (1) The Authority shall immediately forward the information relating to a holding pursuant to Section 84d (1) Z 1, and Z 5 and Section 84d (3) and (4) according to its presence to the Federal Minister for Science, Research and Economics.

(2) In the cases of § 84f paragraph 2 Z 1, before the start of the commissioning, in the cases of § 84f paragraph 2 Z 2 and Z 3 as well as § 84g para. 1 within a reasonable period of time, the authority must review the safety report and, if necessary, the Prohibit the entry into service or the continuation with communication.

(3) The Authority shall determine the establishments in which the exchange of information pursuant to Section 84i has been granted. To this end, it must, if necessary, obtain additional information from the farmer and use the information obtained on the occasion of an inspection. The farmer shall make available the relevant information, provided that it is necessary for the fulfilment of this provision. If the Authority has further information necessary for the fulfilment of this provision by the farmer, it shall make it available to the holder.

(4) Without prejudice to paragraph 2, the Authority shall prohibit in whole or in part the entry into service or continued operation of the establishment where the measures taken by the farmer to prevent major accidents or to limit the use of such accidents are Consequences of the accident according to the state of the art (§ 71a) are clearly insufficient or if the farmer does not fully implement measures within the meaning of Article 84k (6). The same shall apply where the farmer does not provide the notifications, reports or other information required under this section on time and therefore does not ensure an assessment of the operation according to the state of the art is. It shall be waived if the conditions are no longer met.

(5) In order to ensure the performance of the tasks in the area of land-use and land use, the Authority has the communication pursuant to Article 84d (1) as well as amendments to the communication within the meaning of paragraph 84d (3) and (4) to those for local spatial planning competent authorities.

(6) After a notification of the occurrence of a serious accident or the updating of such a notification (§ 84d paragraph 5), the Authority has to check the notification or its update for completeness, the holder of the report if necessary, to complete the information and to forward the complete dossier to the Federal Minister for Science, Research and the Economy.

(7) In the event of a serious accident, the Authority shall, in any event, carry out an inspection in accordance with Article 84k (5) for the complete analysis of the causes of accidents. The technical, organisational and management aspects of the accident must be identified. It is also necessary to verify that the farmer has taken all the necessary remedial measures to limit the consequences of the accident and that the farmer has made recommendations on future contraceptive measures in relation to the to be aware of a serious accident. The Authority shall summarize the results of the analysis of the causes of the accident and communicate this summary to the Federal Minister for Science, Research and the Economy.

(8) The Federal Minister for Science, Research and the Economy has the information provided to him by the Authority pursuant to paragraph 1, paragraph 6 and paragraph 7 of the Directive for the fulfilment of the reporting obligations of the Directive 2012/18/EU on the control of the Major-accident hazards involving dangerous substances, amending and subsequently repealing Directive 96 /82/EC, OJ L 327, 30.4.1996, p. No. OJ L 197 of 24.07.2012 p. 1.

Authorisation

§ 84m. The Federal Minister for Science, Research and the Economy, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, has laid down more detailed provisions on the subject

1.		the obligations of the holder after a major accident;
2.		the security concept,
3.		the security management system
4.		the safety report and
5.		the internal emergency plan
to the Commission.

Federal Warning Center

§ 84n. The Bundeswarnzentrale at the Federal Ministry of the Interior informs other EU member states or states parties to the "Helsinki Convention" (the UN-ECE Convention on the Transboundary Effects of Industrial Accidents, BGBl. (III) No 119/2000) on major accidents which have occurred in the territory of the Federal Republic of Germany, with possible cross-border consequences, and shall be subject to the receipt or forwarding of requests for international assistance. The Authority shall immediately inform the Federal Alert Centre of any serious accidents which have occurred and shall assess the possibility and extent of transboundary effects. Without prejudice to bilateral agreements between individual federal states, the Federal Warning Centre has to initiate a notification of the rescue and emergency services of possibly affected states.

Transitional provisions applicable to existing establishments

§ 84o. Holders of existing establishments shall submit the information to the Authority in accordance with § 84d (1), (1), (3) and (4) by 31 December 2015 at the latest. Moreover, they must comply with § § 84d (1), 84e, 84f and 84h only and to the extent that the relevant information has not yet been submitted to the Authority or is no longer up to date. For the transmission of the supplemented or updated sub-parts shall apply the time limits of § 84d paragraph 2 Z 2 (for communications), § 84e paragraph 2 Z 2 (for security concepts), and § 84f paragraph 2 Z 2 (for security reports). "

7. § 84h shall be given the name "§ 84p." .

8. § 84i shall be given the name "§ 84q." .

9. § 84j is given the name "§ 84r." .

10. § 141 (1) reads:

" § 141. (1) In addition to the verification of the reliability (§ 95), the granting of a commercial authorization for the firearms industry referred to in § 139 (1) requires the following conditions:

1.		for natural persons
a)			the nationality of an EU or EEA Contracting Party or of the Swiss Confederation and its residence in an EU or EEA Contracting State or in the Swiss Confederation, or
b)			a residence permit with a right of establishment in accordance with § 45 or § 49 (2) and (4) of the Niederlassungs-und Residence Act (NAG), Federal Law Gazette (BGBl). I No 100/2005, as amended, and
2.		for legal persons and registered partnerships
a)			their registered office or principal place of business in an EU or EEA Contracting State or in the Swiss Confederation and
b)			with regard to the members of the bodies appointed to the legal representation, or the managing and representative members, the nationality of an EU or EEA Contracting Party or of the Swiss Confederation and its Residence in an EU or EEA Contracting State or in the Swiss Confederation and
3.		that the commercial exercise of the position of maintaining public peace, order and security does not address any concerns, with the local competent police directorate in the application procedure on the question of the condition of this condition is to be heard. "

11. § 141 (3) is deleted.

12. § 144 (2) reads:

" (2) Ceasebooks are to be led for

1.		Category A firearms (prohibited firearms and firearms, which are war materials),
2.		Category B firearms,
3.		Firearms of categories C and D and
4.		Ammunition for fauctic firearms. "

13. § 159 (1) Z 6 reads:

" 6.		Organization of a representation in the case of prevention. "

14. In § 160 (1), first sentence, the expression "in § 159" by the expression "in § § 159 and 161" replaced.

15. In accordance with § 160, the following § 161 with headline is inserted:

" Organization of personal care

Section 161. (1) A commercial authority for the organisation of personal care requires the care of persons in need of care for the provision of tradesmen who carry out the business of caring for persons.

(2) The area of activity of the organisation of personal care shall also include advice and support for the transactions referred to in paragraph 1. "

16. In § 358 (3) the word order shall be "Section 8a concerning the control of major-accident hazards" through the phrase "Section 8a concerning the control of major-accident hazards involving dangerous substances" replaced.

17. § 366 para. 1 Z 7 reads:

" 7.		Contrary to Section 84c, it does not take all necessary measures to prevent serious accidents or to limit their consequences for human health and the environment; "

18. In § 367 Z 25 and § 381 (7) the reference to "§ 84d paragraph 7" by reference to "§ 84m" replaced.

19. § 367 Z 55 to Z 57 reads:

" 55.		Contrary to Article 84d (1) (2), (3) or (4) of the Authority, the Authority shall not be notified in due time;
56.		Contrary to Article 84d (5), notifications to the Authority shall be subject to or not updated,
57.		, contrary to Article 84e (1) and (2), a concept for the prevention of major accidents or a modification of the concept for the prevention of major accidents does not work, is carried out and is available for inspection by the Authority; "

20. The following Z 59 is added to § 376:

" 59.

(1) Trader, which is the day before the entry into force of the Federal Law BGBl. I n ° 81/2015 the business of personal care has exercised the right to exercise the activities of the organisation of personal care (§ 161) until the end of 31 December 2016.

(2) The trader referred to in paragraph 1 may also carry out activities of the organization of personal care (§ 161) even after the expiration of 31 December 2016 if they have indicated to the Authority by 31 December 2016 at the latest that they are carrying out activities of the organization of personal care. The authority shall make the registration resulting from the ad in the GISA and inform the rapporteur of the notification of the registration. "

(21) The following paragraphs 71 to 76 shall be added to section 382:

" (71) By the Federal Law BGBl. I n ° 81/2015 will be Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Directive 96 /82/EC, OJ L 311, 28.12.1996, p. No. OJ L 197 of 24.07.2012 p. 1.

(72) § 2 para. 5 and 16, section 8a, § 84p, § 84q, § 84r, § 358 para. 3, § 366 paragraph 1 Z 7, § 367 Z 25, § 367 Z 55 bis Z 57, § 381 para. 6 and 7 as well as Appendix 5 in the version of the Federal Law BGBl. I No 81/2015 will enter into force with the end of the day of the event, but at the earliest with 1 June 2015.

(73) § 14 (5) Z 1, § 69 (1) and (2), § 141 (1), § 144 (2), § 159 (1) Z 6, § 160 (1), § 161 and § 376 Z 59, as amended by the Federal Law BGBl (Federal Law Gazette). I No 81/2015 shall enter into force on the expiry of the day of the event; at the same time, Section 14 (5) of the last sentence and section 141 (3) shall be repeal.

(74) Regulations on the basis of § 84m in the version of the Federal Law BGBl. I No. 81/2015 can already be used before the Federal Law BGBl enters into force. I No 81/2015, but they do not enter into force at the earliest on the date referred to in paragraph 72.

(75) On the basis of Section 84d (7), as amended, before the entry into force of the Federal Law BGBl. I n ° 81/2015, Industrial Accident Ordinance-IUV, BGBl. II No 354/2002, as amended by the BGBl Regulation. II No. 14/2010, is considered to be based on § 84m in the version of the Federal Law BGBl. Regulation (EC) No 81/2015.

(76) On the basis of § 84h in the version prior to the entry into force of the Federal Law BGBl. I n ° 81/2015 shall be deemed to have been issued on the basis of § 84p as amended by the Federal Law BGBl. I No 81/2015 adopted regulations. "

22. Annex 5 is:

" Appendix 5

(§ 2 para. 16, § 84b Z 2, Z 3, Z 9

and Z 11, § 84d (1) (3)

The quantitative thresholds referred to in columns 2 and 3 of Part 1 shall apply to dangerous substances falling within the categories of danger listed in Part 1, column 1 of this Annex.

Where a dangerous substance falls under Part 1 of this Annex and is also referred to in Part 2, the quantitative thresholds referred to in columns 2 and 3 of Part 2 shall apply.

PART 1

Hazard categories of dangerous substances

This part shall include all dangerous substances falling under the hazard categories in column 1:

Column 1	Column 2	Column 3
Hazard categories of substances and mixtures	Quantity threshold in tonnes for the fulfilment of the requirements for establishments of the
	lower Class	upper Class
Section "H"-HEALTH HAZARDS
H1 AKUT TOXIC HAZARD CATEGORY 1, all routes of exposure	5	20
H2 AKUT TOXIC - Hazard Category 2, all routes of exposure - Hazard Category 3, inhalative exposure route (see Note 7)	50	200
H3 STOT SPECIFIC TARGET ORGAN TOXICITY-UNIQUE EXPOSURE STOT hazard category 1	50	200
Section "P"-PHYSICAL HAZARDS
P1a EXPLOSIVE SUBSTANCES (see note 8) - Instable explosive substances - Explosive substances, subclasses 1.1, 1.2, 1.3, 1.5 or 1.6 - Substances or mixtures with explosive properties according to method A.14 of Regulation (EC) No 440/2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 concerning the registration, evaluation, authorisation and restriction of chemical substances (REACH), OJ No. 1 (see Note 9), which are not to be attributed to the risk classes of organic peroxides or self-decomposing substances and mixtures	10	50
P1b EXPLOSIVE SUBSTANCES (see note 8) Explosive substances, subclass 1.4 (see note 10)	50	200
P2 FLAMMABLE GASES Flammable gases, hazard category 1 or 2	10	50
P3a FLAMMABLE AEROSOLS (see note 11.1) "Flammable" aerosol of category 1 or 2, includes flammable gases of category 1 or 2 or flammable liquids of hazard category 1	150 (net)	500 (net)
P3b FLAMMABLE AEROSOLS (see note 11.1) "Flammable" aerosols of category 1 or 2 shall not include flammable gases of category 1 or 2 or flammable liquids of category 1 (see note 11.2)	5000 (net)	50000 (net)
P4 FLAMMABLE (OXIDISING) GASES Flammable (oxidising) gases, hazard category 1	50	200
P5a FLAMMABLE LIQUIDS - flammable liquids of the hazard category 1 - Flammable liquids of category 2 or 3 which are kept at a temperature above their boiling point - other liquids with a flashpoint of ≤ 60 °C, kept at a temperature above their boiling point (see note 12)	10	50
P5b FLAMMABLE LIQUIDS - flammable liquids of category 2 or 3, in which special processing conditions such as high pressure or high temperatures can lead to major-accident hazards - Other liquids with a flashpoint of ≤ 60 °C, where special processing conditions such as high pressure or high temperatures can lead to major-accident hazards (see Note 12)	50	200
P5c FLAMMABLE LIQUIDS Flammable liquids of the hazard category 2 or 3, not covered under P5a and P5b	5000	50000
P6a SELF-DECOMPOSING SUBSTANCES AND MIXTURES and ORGANIC PEROXIDES Self-decomposing substances and mixtures, type A or B Organic peroxides, type A or B	10	50
P6b SELF-DECOMPOSING SUBSTANCES AND MIXTURES and ORGANIC PEROXIDES Self-decomposing substances and mixtures, type C, D, E or F Organic peroxides, type C, D, E or F	50	200
P7 SELF-FLAMMABLE (PYROPHORES) LIQUIDS AND SOLIDS Flammable (pyrophoric) liquids of the hazard category 1 Self-flammable (pyrophoric) solids of the hazard category 1	50	200
P8 FLAMMABLE (OXIDISING) LIQUIDS AND SOLIDS Flammable (oxidising) liquids of the hazard category 1, 2 or 3 Flammable (oxidising) active solids, hazard category 1, 2 or 3	50	200
Section "E"-ENVIRONMENTAL HAZARDS
E1 Dangerous water, danger category Akut 1 or Chronicle 1	100	200
E2 Dangerous to Water, Hazardous category Chronicle 2	200	500
Section "O"-OTHER HAZARDS
O1 substances or mixtures with the hazard warning EUH014	100	500
O2 substances and mixtures which develop flammable gases upon contact with water, hazard category 1	100	500
O3 substances or mixtures with the hazard warning EUH029	50	200

Part 2

Substances listed in particular

Column 1 Dangerous substances	Column 2	Column 3
	Quantity threshold in tonnes for the fulfilment of the requirements for establishments of the
	lower class	upper Class
1. Ammonium nitrate (see note 13)	5000	10000
1. Ammonium nitrate (see note 14)	1250	5000
2. Ammonium nitrate (see note 15)	350	2500
3. Ammonium nitrate (see note 16)	10	50
4. Potassium nitrate (see note 17)	5000	10000
5. Potassium nitrate (see note 18)	1250	5000
6. Diarsenic pentaoxide, arsenic (V)-acid and/or salts	1	2
7. Diarsenic trioxide, arsenic (III)-acid and/or salts	0.1	0.1
8. Bromine	20	100
9. Chlorine	10	25
10. Breathable powdery nickel compounds: nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickeltrioxide	1	1
11. Ethyleneimine	10	20
12. Fluorine	10	20
13. Formaldehyde (C > = 90%)	5	50
14. Hydrogen	5	50
15. Hydrogen chloride (liquefied gas)	25	250
16. Leadalkyle	5	50
17. Liquefied flammable gases, category 1 or 2 (including LPG) and natural gas (see note 19)	50	200
18. Acetylene	5	50
19. Ethylene oxide	5	50
20. Propylene oxide	5	50
21. Methanol	500	5000
22. 4,4-methylenebis (2-chloroaniline) and its salts, powder-form	0.01	0.01
23. Methylisocyanate	0.15	0.15
24. Oxygen	200	2000
25. 2, 4-toluylene diisocyanate, 2, 6-toluylene diisocyanate,	10	100
26. Carbonyl chloride (phosgene)	0.3	0.75
27. Arsine (Arsentrihydride)	0.2	1
28. Phosphin (phosphorus trihydride)	0.2	1
29. Sulphur dichloride	1	1
30. Sulphur trioxide	15	75
31. Polychlorodibenzofurans u. Polychlorodibenzodioxins (including TCDD) in TCDD equivalents (see note 20)	0.001	0.001
32. The following carcinogens or mixtures containing the following carcinogens with a concentration of > 5% by weight: 4-aminobiphenyl and/or its salts, benzotrichloride, benzidine and/or its salts, bis (chloromethyl) ether, chloromethylmethyl ether, 1,2-dibromoethane, diethyl sulphate, dimethyl sulphate, dimethyl-carbamoyl chloride, 1,2-dibromo-3-chloropropane, 1,2-dimethyl-hydrazine, dimethylnitrosamine, hexamethylphosphortriamide, hydrazine, 2-naphthylamine and/or its salts, 4-nitro-diphenyl and 1,3-propanesultone	0.5	2
33. Petroleum products and alternative fuels: a. Ottokfuels and naphtha b. Kerosene including turbine fuels c. Gas oils (including diesel fuels, heating oil and gas oil mixed streams) d. Heavy oils e. Alternative fuels which serve the same purpose and which have similar properties in terms of flammability and environmental risk, such as those under lit. a to d products	2500	25000
34. Ammonia, anhydrous	50	200
35. Boron trifluoride	5	20
36. Hydrogen sulphide	5	20
37. Piperidine	50	200
38. Bis (2-dimethylaminoethyl) methylamine	50	200
39. 3-(2-ethylhexyloxy) propylamine	50	200
40. Sodium hypochlorite mixtures (*) , which are classified as hazardous to water-acutely 1 [H400] and contain less than 5% active chlorine and are not classified in any of the other hazard categories in this Annex (*) Provided that the mixture would not be classified as water-threatening acutely 1 [H 400] without sodium hypochlorite	200	500
41. Propylamine (see Note 21)	500	2000
42. Tert-butyl acrylate (see note 21)	200	500
43. 2-methyl-3-butenenitrile (see note 21)	500	2000
44. Tetrahydro-3,5-Dimethyl-1,3,5-thiadiazine-2-thione (Dazomet) (see note 21)	100	200
45. Methyl acrylate (see Note 21)	500	2000
46. 3-Methylpyridine (see note 21)	500	2000
47. 1-bromo-3-chloropropane (see note 21)	500	2000

Notes to Appendix 5

Substances and mixtures shall be adopted in accordance with Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1272/2008 No 1907/2006, OJ No 353, 31.12.2008, p. 1.

Mixtures shall be treated in the same way as pure substances, provided that they have the same characteristics (as are the case in the case of the concentration limits laid down in Regulation (EC) No 1272/2008 or their last adaptation to technical progress). pure substances), unless a specific percentage composition or other description is given.

3. The quantity thresholds indicated above shall be applicable to each establishment. The quantities to be taken into account for the application of the relevant provisions of Section 8a shall be the maximum quantities which may or may be present at any time. Dangerous substances present in a holding only in quantities not exceeding 2% of the relevant quantitative threshold shall not be taken into account in the calculation of the total quantity present if they are found within a holding in one place where they cannot act as a trigger for a serious accident at another place of operation.

For the addition of quantities of dangerous substances or categories of dangerous substances, the following shall apply:

In the case of a holding in which no single dangerous substance is present in an amount equal to or greater than the relevant quantity threshold, it is necessary to assess whether the holding is covered by the relevant provisions of Section 8a, or not to apply the following addition rule:

-			Section 8a shall apply to establishments of the upper class if the sum q 1 /Q U1 + q 2 /Q U2 + q 3 /Q U3 + q 4 /Q U4 + q 5 /Q U5 + ... is greater than or equal to 1, where q X the quantity of the dangerous substance x (or dangerous substances in the same category) falling under Part 1 or part 2 of this Annex (s), and Q UX the relevant quantitative threshold for the dangerous substance or category x indicated in column 3 of Part 1 or in column 3 of Part 2.
-			Section 8a shall apply to lower-class establishments where the sum of 1 /Q L1 + q 2 /Q L2 + q 3 /Q L3 + q 4 /Q L4 + q 5 /Q L5 + ... is greater than or equal to 1, where q X the quantity of the dangerous substance x (or dangerous substances in the same category) falling under part 1 or 2 of this Annex (s), and Q LX the relevant quantitative threshold for the dangerous substance or category x indicated in Part 1, column 2 or part 2, column 2.

The addition rule is used to assess the health hazards, physical hazards and environmental hazards, and is therefore to be applied three times as follows:

a)			for the addition of dangerous substances listed in Part 2, which fall under the hazard categories "acute toxicity 1, 2 or 3 (inhalation)" or STOT SE hazard category 1, and dangerous substances listed in Part 1, section H, entries H1 to H3,
b)			for the addition of dangerous substances listed in Part 2, the explosive substances, flammable gases, flammable aerosols, flammable (oxidising) gases, flammable liquids, self-decomposing substances and mixtures, organic peroxides, self-flammable (pyrophoric) liquids and solids, flammable (oxidising) solids and liquids, and dangerous substances falling under Part 1, Section P, entries P1 to P8,
c)			for the addition of dangerous substances listed in Part 2, which fall under 'Dangerous Water-acute danger 1, chronic hazard 1 or chronic hazard 2', and dangerous substances falling under Part 1, Section E, entries E1 and E2.

The relevant provisions of Section 8a shall apply if any of the sums obtained in the case of lit. a, b or c is greater than or equal to 1.

Dangerous substances, including waste, which are not covered by Regulation (EC) No 1272/2008, but which are, or may be, present in a holding and, in respect of their conditions, under the conditions laid down in the establishment. The potential for accidents of equivalent properties shall be provisionally the most similar hazard category or the most similar hazardous substance falling within the scope of the section 8a, .

6. In the case of dangerous substances with properties which give rise to more than one classification, the lowest volume thresholds shall apply. However, when applying the addition rule as set out in note 4, the lowest quantity threshold for each category of categories is given in Note 4 (a), note 4 lit. (b) and note 4 lit. c, which corresponds to the classification in question.

Dangerous substances which fall under acute toxicity, category 3, oral (H 301) fall in those cases in which neither classification in acute inhalation toxicity nor classification in acute dermal toxicity can be derived, for example because positive data for inhalation and dermal toxicity are missing, under the entry H2 acutely toxic.

(8) The risk category "explosive substances" shall include products containing explosives (see Annex I, section 2.1 of Regulation (EC) No 1272/2008). If the quantity of explosive substance or explosive mixture is known in the product, this quantity shall be decisive. If the quantity of explosive substance or explosive mixture is unknown in the product, the product as a whole shall be regarded as explosive.

9. The testing for explosive properties of substances and mixtures is only necessary if the screening procedure to be carried out in accordance with Annex 6, Part 3 of the recommendations of the United Nations for the transport of dangerous goods, manual on audits and criteria (United Nations Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria-UN Manual of Tests and Criteria; sh. http://www.unece.org/trans/danger/danger.html) in the case of the substance or mixture of possible explosive properties.

10. Where explosive substances and mixtures of subclass 1.4 (entry P1b) are removed from their packaging or repackaged, they shall be classified under entry P1a, unless the danger is shown to be in accordance with subclass 1.4 in the sense of of Regulation (EC) No 1272/2008.

11.1. Flammable aerosols must be classified within the meaning of Directive 75 /324/EEC on the approximation of the laws of the Member States relating to aerosol packagings. The categories "extremely flammable" and "flammable" for aerosols in accordance with Directive 75 /324/EEC correspond to the categories of danger " flammable aerosols, category 1 and/or category 1. 2 " of Regulation (EC) No 1272/2008.

11.2. In order to make use of this entry, the aerosol pack must be shown to contain neither an flammable gas of category 1 or 2 nor an flammable liquid of the hazard category 1.

In accordance with Annex I, Section 2.6.4.5 of Regulation (EC) No 1272/2008, liquids with a flashpoint above 35 ° C do not have to be classified in category 3 if the test L.2 for the determination of self-sustained combustion according to the UN Manual of Tests and Criteria Part III Section 32 (sh. http://www.unece.org/trans/danger/danger.html), has been negative. This does not apply to changed conditions such as high temperature or high pressure, and therefore such liquids are included in this entry.

Ammonium nitrate (5 000/10 000): fertilizers capable of self-supporting decomposition: this applies to ammonium nitrate-mixed fertilizers/solid fertilisers (mixed fertilizers/solid fertilizers contain ammonium nitrate with phosphate and/or potash), which are used in accordance with the UN Manual of Tests and Criteria, Part III, Subsection 38.2; sh. http://www.unece.org/trans/danger/danger.html) are capable of self-sustainating decomposition, and in which the nitrogen content derived from ammonium nitrate

-			weighted by weight between 15.75% 1 and 24.5% 2 and which either contain a maximum of 0.4% of combustible/organic material or satisfy the requirements of Annex III-2 of Regulation (EC) No 2003/2003;
-			no more than 15.75% in weight and no limit shall be imposed on combustible material.

14. ammonium nitrate (1 250/5 000): quality of fertilizer: this applies to pure ammonium nitrate fertilizers and ammonium nitrate mixed fertilizers/solid fertilizers complying with the requirements of Annex III-2 to Regulation (EC) No 2003/2003 and in respect of which the Ammonium nitrate-derived nitrogen content

-			Is, by weight, more than 24.5%, with the exception of mixtures of pure ammonium nitrate fertilizers and dolomite, limestone and/or calcium carbonate with a purity of at least 90%;
-			in the case of mixtures of ammonium nitrate and ammonium sulphate, by weight greater than 15.75%;
-			in the case of mixtures of pure ammonium nitrate fertilizers and dolomite, limestone and/or calcium carbonate with a degree of purity of at least 90% by weight greater than 28% 3 is.

15. ammonium nitrate (350/2 500): technical quality: This applies to ammonium nitrate and mixtures of ammonium nitrate in which the nitrogen content derived from ammonium nitrate is

-			is between 24.5% and 28% by weight and contains no more than 0.4% of flammable substances;
-			is more than 28% by weight and contains no more than 0.2% of combustible substances.

This also applies to aqueous solutions of ammonium nitrate in which the concentration of ammonium nitrate is, by weight, greater than 80%.

16. ammonium nitrate (10/50): non-specification material ("Off-Specs") and fertilizers that do not pass the detonation test: this applies to

-				Recovered material from the production process and for ammonium nitrate and mixtures of ammonium nitrate, pure ammonium nitrate fertilizers and ammonium nitrate-mixed fertilizers/fertilisers according to Notes 14 and 15, which are derived from the final consumer to a Manufacturers, temporary storage facilities or a reprocessing plant for the purpose of reprocessing, recycling or treatment for safe use have been or have been returned because they meet the requirements of the notes 14 and 15 no more;
-				Fertilizer referred to in the first indent of Note 13 and note 14 which do not comply with the requirements of Annex III-2 to Directive (EC) No 2003/2003.

17. Potassium Nitrate (5 000/10 000): This applies to multi-nutrient fertilizers based on potassium nitrate (in prilled or granulated form), which has the same dangerous properties as pure potassium nitrate.

18. Potassium Nitrate (1 250/5 000): This applies to multi-nutrient fertilizers based on potassium nitrate (in crystalline form), which has the same dangerous properties as pure potassium nitrate.

19. upgraded biogas: upgraded biogas can be classified under Part 2 Z 18 of this plant if it has been prepared in accordance with applicable standards for purified and prepared biogas, so that a quality equivalent to the natural gas, including the methane content, and it contains at most 1% oxygen.

Polychlorodibenzofurans and polychlorodibenzodioxins: The calculation of the quantities of polychlorodibenzofurans and polychlorodibenzodioxins is carried out on the basis of the equivalence factors listed below:

WHO Toxicity Equivalence Factor (TEF) 2005
2,3,7,8-TCDD	1	2,3,7,8-TCDF	0.1
1,2,3,7,8-PeCDD	1	2,3,4,7,8-PeCDF	0.3
		1,2,3,7,8-PeCDF	0.03
1,2,3,4,7,8-HxCDD	0.1
1,2,3,6,7,8-HxCDD	0.1	1,2,3,4,7,8-HxCDF	0.1
1,2,3,7,8,9-HxCDD	0.1	1,2,3,7,8,9-HxCDF	0.1
		1,2,3,6,7,8-HxCDF	0.1
1,2,3,4,6,7,8-HpCDD	0.01	2,3,4,6,7,8-HxCDF	0.1
OCDD	0.0003	1,2,3,4,6,7,8-HpCDF	0.01
		1,2,3,4,7,8,9-HpCDF	0.01
		OCDF	0.0003
(T = tetra, P = penta, Hx = hexa, Hp = hepta, O = octa)

21. If this dangerous substance also falls under P5a flammable liquids or P5b flammable liquids, the lowest quantity threshold in each case shall be for the assessment of the provisions of section 8a of the operation. and to use it. "

Article 2

Amendment of the Emissions Protection Act for boiler plants

The emission protection law for boiler systems-EC-K 2013, BGBl. I No 127/2013 shall be amended as follows:

1. § 39 reads:

" (1) For installations in which the dangerous substances referred to in Appendix 5 (5) of 1994 shall be operated at least in one of the following:

1.		in Annex 5, Part 1, column 2 and part 2, column 2, of 1994, or
2.		in Appendix 5, Part 1, Column 3 and Part 2, Column 3, Part 1, 1994
, the provisions of § § 84a bis 84o GewO 1994 as well as a regulation adopted pursuant to § 84m GewO 1994 are to be applied.

(2) Without prejudice to § § 33 and 35, the provisions of § § 71b, 81b and 82a GewO 1994 shall apply to environmental inspections in accordance with the Industrial Emissions Directive. "

2. The previous text of § 45 receives the sales designation "(1)" , the following paragraph 2 is added:

"(2) An appeal to the administrative court of the country may be brought against the decisions of the district administrative authority under this federal law."

3. The previous text of § 47 receives the sales designation "(1)" , the following paragraphs 2 and 3 are added:

" (2) § § 39 (1) and (53) Z 3 in the version of the Federal Law BGBl. I No 81/2015 shall enter into force with the day following the event, but at the earliest with 1 June 2015.

(3) § § 39 (2) and (45) (2) in the version of the Federal Law BGBl (Federal Law Gazette). I No 81/2015 shall enter into force with the day following the event. "

4. § 53 Z 3 reads:

" 3.		Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Directive 96 /82/EC, OJ L 327, 28.12.1996, p. No. OJ L 197 of 24.07.2012 p. 1;

Fischer

Faymann