42. Federal Law, which amalgated the 1994 trade order

The National Council has decided:

The Industrial Order 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I No 60/2007, is hereby amended as follows:

1. § 2 para. 1 Z 15 shall be deleted after the word "Cable cars" the accentuate and the phrase " the operation of towed lifts, as far as these are the ropeway law 2003, BGBl. I No 103, to be applied " by the words " in the sense of the ropeway law 2003, BGBl. I No 103 " replaced.

2. In § 2 paragraph 1 Z 25, the reference "§ § 149 to 151" by reference "§ 112 (4) and (5) and § 114" replaced.

3. The following sentence shall be added to section 2 (9):

"The Buschenschank operators have to comply with § 114."

4. In § 11 (4), second sentence, the word order is deleted "registered contractor" .

Section 13 (1) reads as follows:

" (1) Natural persons are excluded from the exercise of a business if they:

1.		have been convicted by a court
a)			due to fraudulent submissions of social security contributions and surcharges according to the construction worker-leave and departure law (§ 153d StGB), organized undeclared work (§ 153e StGB), fraudulent Krida, damage to foreign creditors, Favouring a creditor or grossly negligent impairment of creditor interests (§ § 156 to 159 StGB) or
b)			in respect of any other criminal offence, a custodial sentence exceeding three months, or a fine of more than 180 daily rates, and
2.		the conviction is not redeemed.
Natural persons are excluded from the exercise of a hospitality industry if they are not convicted of an unpaid court conviction for transgression of § § 28 bis 31a of the Suchtmittelgesetz, BGBl. I No 112/1997, which is in force in force. In the case of fines which are not measured in daily rates, the substitute custodial sentence shall be decisive. In the event of a custodial sentence and a fine, a custodial sentence and a substitute custodial sentence shall be counted. One month is to be kept equal to thirty days. The provisions of this paragraph shall also apply if similar facts have been achieved abroad by means of the exclusion grounds mentioned. "

6. In § 13 (3) (1) (1), after the words "Not opened" the words "or cancelled" inserted.

Section 13 (5) reads as follows:

" (5) A natural person shall be excluded from the exercise of the business as a trader if it has a decisive influence on the operation of the business of another legal entity other than a natural person or is granted a the exclusion from the commercial exercise referred to in paragraph 3 occurs or has occurred. Where an exclusion reason is applied to the legal entity in accordance with paragraph 4, the natural person is excluded from the pursuit of a business which includes the activities of insurance mediation. The last sentence of paragraph 1 shall apply mutatily. "

8. § 13 (7) reads:

" (7) Other entities other than natural persons are excluded from the exercise of the business if a natural person who has a decisive influence on the operation of the business of the relevant legal entity is subject to the conditions laid down in paragraphs 1 to 3, 5, or 6 is excluded from the commercial exercise. Where the natural person is subject to an exclusion reason in accordance with paragraph 4, the legal entity in question shall be excluded only from the pursuit of a business which includes the activities of insurance mediation. The last sentence of paragraph 1 shall apply mutatily. "

9. Section 14 (2) shall be replaced by the sales designation "(4)" . According to Article 14 (1), the following paragraphs 2 and 3 are inserted:

' (2) Before issuing the residence permit, the trader has to prove the necessary authorization under the law of establishment and residence and the conditions for the pursuit of the business, with the exception of those referred to in paragraph 1, have to be established. In order to comply with this requirement, the commercial authority must issue a certificate that the conditions for the commercial exercise are met, with the exception of the residence permit.

(3) Family members of a national of a Member State of the EU or of a Contracting State of the EEA who enjoy the right of residence or the right of permanent residence in a Member State of the EU or of a State Party of the EEA , regardless of their nationality, industry as in-country. To be considered as family members

1.		the spouse,
2.		Relatives in a straight descending line of a national of a Member State of the EU or of a Contracting State of the EEA and of the spouse, who is the 21. have not yet been completed or are granted by such maintenance; and
3.		Relatives in a straight ascending line of a national of a Member State of the EU or of a Contracting State of the EEA and of the spouse granted by that maintenance. "

10. The following sentences are added to § 18 (5):

" The completion of a course of studies is the conclusion of a diploma, bachelor, master or doctoral degree. Completion of a university of applied sciences degree course is the conclusion of a university of applied sciences bachelor's degree course, a master's degree programme of applied sciences or a degree course of studies of a university of applied sciences. "

11. § 18 (6) reads:

" (6) The training and activities required for the exercise of a regulated profession, skills and experience acquired through certificates outside the Member States of the EU or the Contracting States of the EEA, are acquired , the Federal Minister of Economics and Labour will have to speak on request. This decision may be taken with the restriction to partial activities of the trade in question, if the applicant's qualifications are only available to that extent. This provision shall also apply to persons who are not nationals of a Member State of the EU or of a Contracting State of the EEA and who have their training and practice in another Member State of the EU or in another Contracting State of the European Economic Area. EEA. "

Article 20 (3) reads as follows:

"(3) Commercial enterprises, whose owners or commercial directors have successfully passed the master test, may use the name" Meister "," Meisterbetrieb " or words similar in the name management and the name of the establishment. Use content. In addition, these establishments may use a seal of approval marking the holding in question as a "master enterprise". The Federal Minister for Economic Affairs and Labour has to regulate the further development of this quality seal by regulation. "

Section 21 (1) reads as follows:

"(1) For the Master Examination, it may take part who is entitled to be self-qualified."

14. § 22 (3) reads:

"(3) For the qualification test, the person who is entitled to do so shall be entitled to take the test."

15. § 23 (5) reads:

"(5) Entrepreneurship shall be allowed to take place, who is entitled to do so."

15a. In § 33 (1) and § 33 (2), the words shall be "Technical Offices" by the word "Engineering Offices" replaced.

16. In Sections 37 (2) and (3), 42 (1), 43 (1), 44, 63 (4) and 86 (1), the reference shall be made to: "(Section 345 (2))" in each case by the reference "(Section 345 (1))" replaced.

17. In § 39, paragraph 4, the reference "(Section 345 (2) and (3))" by reference "(Section 345 (1))" replaced.

18. The following sentence shall be added to section 46 (2):

" The advertisement shall be reimbursed in good time so that at the latest on the day of taking up or cessation of the commercial exercise in the further establishment or in the cases of Z 2 and 3 with the date of the commendate of the commercial exercise in the new location at of the Authority. "

Section 46 (4) of the introduction is the following:

"The Authority shall notify the following District Administrative Authorities:"

Article 47 (3) reads as follows:

" (3) The trader shall indicate the order and the departure of a branch managing director for the performance of a business in another establishment of the authority (Section 345 (2)). The Authority shall inform the District Administrative Authority of the location of the order and the departure of the store manager. "

21. In § 53 (1) (2) the word order shall be "and that are not registered in the company's book," through the phrase "and to which do not apply the accounting obligations of § 189 paragraph 1 Z 2 UGB," replaced.

22. § 57 with headline reads:

" Searches of private individuals

Promotional events

§ 57. (1) The search for private persons for the purpose of collecting orders on goods is related to the distribution of food supplements, toxins, medicines, medicinal products, watches made of precious metal, gold and platinum products, jewels and The use of precious stones, weapons and ammunition, pyrotechnic articles, cosmetic products, gravestones and burial monuments and their accessories, as well as wreaws and other graves of graves are prohibited. Furthermore, the search for private persons is prohibited if it is in some form of the impression that the fee required for the goods ordered is at least partly for charitable, charitable or church purposes.

(2) The Federal Minister for Economic Affairs and Labour shall, in agreement with the Federal Minister for the Interior, if there are grounds for public health or for the protection of minors, in agreement with the Federal Minister for the Interior, shall, in agreement with the Federal Minister for the Interior, be in agreement with the Federal Minister for Health, Family and Youth, if it requires reasons of consumer protection, in agreement with the Federal Minister for Social Affairs and Consumer Protection, or if it-in addition to the cases of paragraph 1-because of the special danger of a Mismanagement or deprivation of the population is required, with Regulation also refer to other goods in respect of which the search for private persons is at least prohibited.

(3) In respect of other goods, the search for private persons for the purpose of collecting orders is the trader who is entitled to sell or brokering these goods and their authorised representative (acting as a travelling agency) permitted. Any advertising pleadings by the trader may not be linked to the announcement of gratuitous or accidental contributions, such as price announcements. The trader and the authorised representative must carry out official legitimations (§ 62) and present them at the request of the administrative bodies.

(4) With regard to the goods referred to in paragraph 1, promotional events, including advertising and consulting partnerships, which are aimed at private individuals, shall be prohibited, whether or not the advertising event is organised by the trader himself or by a person to be organized. This prohibition shall also apply to goods which are referred to in a Regulation as referred to in paragraph 2.

(5) The trader shall have advertising events which are not prohibited by paragraph 4 and which take place outside the premises of the trader or the place of residence of the trader, the competent authority after the place of the event at the latest six weeks to display before the event. The display has the following content:

1.		the name (the firm) of the trader and an address capable of being charged,
2.		the date and place of the event,
3.		the nature of the goods on offer and, where appropriate, the services offered;
4.		the text of the intended advertising to private individuals; and
5.		the name (the firm) and a place of charge of the person whose goods or services are advertised.

(6) The promotional material for the event may not be linked to the announcement of free or accidental contributions such as price announcements, and shall include the following information:

1.		the name (the company) of the trader, an address capable of being charged and the date and place of the event;
2.		the characterisation of the goods offered, where appropriate the services offered, in the case of the application of travel, the name (the company) as well as the location of the tour operator and
3.		an indication of the existing ban on the receipt of orders and of the sale of cash in the event.

(7) If the obligations laid down in paragraphs 5 and 6 are not fulfilled or there are repeated infringements of the provisions of paragraphs 5 and 6, the public authority shall prohibit the advertising event. If the notice of submissions is not issued not later than two weeks before the scheduled event, it may be carried out.

(8) The provisions of paragraphs 5 to 7 shall not apply to advertising events taking place in private households. "

23. In § 58, first sentence, after the word "Trade" the phrase "and the mediation of trade" inserted.

24. In § 63 (1), second sentence, the words "on their websites" by the words "on a website" replaced.

25. In § 81 (3) the reference "§ 345 para. 8 Z 6" by reference "§ 345 (6)" replaced.

26. The following Z 4a is inserted in Section 87 (1):

" 4a.		In the sense of Section 117 (7), no liability insurance is provided for or proof within the meaning of § 376 Z 16a does not take place in good time. "

27. In § 87 (2), after the word "Non-Opening" the words "or repeal" inserted.

28. In § 87, the following paragraph 7 is added:

"(7) In the case of paragraph 1 Z 2, the bankruptcy court shall immediately notify the competent authority of the existence of the exclusion status."

29. The previous text of § 93 will be the sales designation "(1)" The following paragraphs 2 and 3 shall be added:

" (2) In the case of insurance intermediaries within the meaning of § 137a-insofar as they are not exempted from the provisions relating to insurance mediation in accordance with § 137 (5) or (6)-the reinstatation and resumption of the commercial exercise of the authority shall be in advance ; an ad in retrospect is inadmissible and ineffective. The Authority shall carry out the erasure in the business register (insurance intermediary register) from the time of receipt of the notification; a commercial exercise during the fame taken into account in the business register (insurance intermediary register) shall be inadmissible. During the period of the fame taken into account in the industrial register (insurance intermediary register), the requirement of a liability insurance pursuant to § 137c as well as the obligation to fulfil other persons connected with the exercise of the trade are not required. business-related obligations. From the time of the notification of the resumption, the registration in the Register of Insurance (insurance intermediaries) shall be reactivated by the Authority, provided that the trader at the same time as the resumption of notification of the resumption of the effective stock of a Liability insurance within the meaning of § 137c as well as the performance of all other registration requirements-with the exception of a new proof of the necessary competence of the trader or Before the rest of a busy employee-with effect at the latest from the end of the rest proves.

(3) In the case of real estate deputies within the meaning of § 117, the resting and resumption of the commercial exercise of the authority shall be indicated in advance; an ad in retrospect shall be inadmissible and ineffective. The Authority shall, from the date of receipt of the notification, carry out the deletion in the Register of Trade, and shall not be allowed to pursue a commercial exercise during the fame taken into account in the trade register. During the period of the fame taken into account in the industrial register, the requirement of an asset liability insurance pursuant to section 117 (7) and the obligation to fulfil other persons connected with the pursuit of the trade are not required. business-related obligations. From the date of notification of resumption, the registration in the Register of Trade shall be reactivated by the Authority, provided that the trader at the same time as the resumption of notification of the resumption shall be the effective stock of a Liability insurance within the meaning of section 117 (7) and the performance of all other registration requirements, with the exception of a new proof of the necessary competence of the trader-with effect from the end of the Retire. Infringements of the second sentence, second half sentence, are to be punished in accordance with § 366 (1) (1) (1). "

30. § 94 Z 20 reads:

" 20.		Professional photographer (craft) "

31. § 94 Z 27 reads:

" 27.		Cereal üller (craft) "

32. § 94 Z 33 reads:

" 33.		Manufacture and treatment as well as renting of medical devices, insofar as these activities do not fall under another regulated trade, and trade in and renting of medical devices "

33. § 94 Z 50 reads:

" 50.		Milk technology (craft) "

34. § 94 Z 59 reads:

" 59.		Metal technology for metal and mechanical engineering; Metal technology for smiths and vehicle construction; Metal technology for agricultural and construction machinery (related crafts) "

§ 94 Z 69 reads as follows:

" 69.		Engineering Offices (Consultative Engineers) "

35. § 103 Z 2 reads:

" 2.		the conduct of chemical analyses, chemical investigations, monitoring and measurement as well as the interpretation of the results in relevant subject areas in accordance with the documented training. "

36. In § 106 (1) (2), the word "and" is replaced by a dash. At the end of the Z 3, the point is given by the word "and" replaced. The following Z 4 shall be added:

" 4.		the construction of fire alarm systems. "

37. In § 109 para. 2 penultimate sentence, after the word order "§ 345 (7), (8) (1) and (9)" the words " in the version of the Federal Law BGBl. I No 111/2002 inserted.

38. In § 111 paragraph 2 Z 5, before the word " the words "in accordance with the provisions of national law" inserted.

39. The following paragraphs (2a) to (2c) are inserted in § 112:

" (2a) The Authority may, in accordance with the provisions of a Regulation referred to in paragraph 2, authorise measures within the meaning of the second paragraph of this Article, provided that such measures also comply with the trader ' s obligations as defined in paragraph 2 above. .

(2b) If necessary, the Authority may apply to a trader within the meaning of paragraph 2 if no regulation has been adopted in this respect in a Regulation in accordance with paragraph 2.

(2c) Guest companies entitled to carry out administrative and tendering activities in accordance with Section 111 (1) (2) (2) are exempted from the provisions of para. 2 to 2b if not more than eight places of administration (for the enjoyment of food) or drink certain places). The provisions of paragraphs 2 to 2b and the regulations adopted pursuant to paragraph 2 shall apply mutas to the activities referred to in Article 50 (1) Z 11 and to the activities covered by section 111 (2), (2), (4) and (5), if more than eight delivery places are provided. "

40. § 114 with headline reads:

" Dispensing and delivery of alcohol to young people

§ 114. A trader shall be prohibited from giving, or leaving, alcoholic beverages to young people, either themselves or through the persons employed in the holding, if young people of this age are to be given the following conditions: National legislation on the protection of minors is prohibited from the enjoyment of alcohol. The trader and the persons employed in the holding must submit an official photo ID or a special youth card, which is suitable for the proof of age in accordance with the relevant national provisions for the protection of minors. is required to determine the age of young people. The trader shall have to place a stop at a suitable location in the premises, which shall clearly indicate the prohibition referred to in the first sentence. "

41. § 115 together with headline reads:

" Trade in and renting of medical devices

§ 115. The Federal Minister of Economics and Labour may, by agreement with the Federal Minister for Health, Family and Youth, stipulate that the trade in and leasing of medical devices does not fall within the regulated profession in accordance with § 94 Z 33 is reserved if, according to the nature of the medical devices concerned, it is to be expected that they will not have any effect on the health of the user when they are intended to be used in their intended use. Likewise, the Federal Minister for Economic Affairs and Labour may, by agreement with the Federal Minister for Health, Family and Youth, designate certain medical devices whose sale is the trade in and the rental of medical devices. and reserved for the drogists. "

(42) The following paragraphs 7 to 10 are added to § 117:

" (7) The trader entitled to exercise the real estate rights (§ 94 Z 35) shall have a financial liability insurance for their professional activities with an insurance sum of at least EUR 100 000 per person who has suffered damage. Contracting parties without agreement of a self-hold of more than five vH.

(8) In addition to the requirements of § 339 (3), the registration of the commercial property of the real estate reuhänder is to provide proof of the financial liability insurance pursuant to paragraph 7.

(9) In the case of non-performance of the insurer with respect to the policyholder from the financial liability insurance, the notification of the insurer to the local authority responsible for the real estate deputist and the Liability of the insurer in the appearance of a third party the provisions of § 92 GewO 1994 and the provisions of § § 158b to 158i of the VersVG, BGBl. No 2/1959, in the current version. Section 158c (2) of the VersVG shall apply with the proviso that the circumstance which results in the absence or termination of the insurance relationship shall become effective vis-à-vis the third party only after the expiry of two months after the insurer has The circumstance of the authority responsible for the management of the trade register has indicated.

(10) In the event of a loss of liability insurance within the meaning of paragraph 7 above, the Authority shall, without delay, initiate a commercial withdrawal procedure and, where a new financial liability insurance is not immediately established, to withdraw the right to trade within two months at the latest. Section 361 (2) shall not apply in this case. There is no suspensive effect on appeals against withdrawal of education. The initiation of the trade-education process must be noted in the Trade Register. "

Section 129 (6) reads as follows:

" (6) The use of a uniform workwear in the exercise of the surveillance profession requires the approval of the Federal Minister for Economic Affairs and Labour. This is to be granted if there is no reason to fear any confusion with uniforms of the public security service, the customs administration, the judicial system and the federal army. In any case, clearly recognizable designations within the meaning of § § 63 ff must be affixed on all parts of the clothing which are used as outerwear. The approval is to be revoked by the Federal Minister for Economic Affairs and Labour if, due to changes in the uniforms of the public security service, the customs administration, the judicial system or the federal army, a confusion of the approved Working clothes with the new uniforms of the aforementioned state organs cannot be ruled out. "

43a. § 134 with headline reads:

" Consulting Engineers (Consulting Engineers)

§ 134. (1) The industrial scale of the engineering offices (§ 94 Z 69) includes the consultation, the constitution of plans, calculations and studies, the carrying out of investigations, inspections and measurements, the preparation of projects, the monitoring of the execution of projects, the acceptance of projects and the examination of project execution, including the examination of project-related invoices, as well as the preparation of expert opinions in relevant subject areas, which are subject to a study or study programme. a postgraduate course of at least four semesters at a national university, a university of applied sciences or university of artistic direction or a relevant national vocational higher education institution.

(2) The scope of authorization of the engineering offices for interior design shall include all the powers of the engineering office within the meaning of paragraph 1. If the activity of the engineering office for interior design touches statically relevant components, their constructive processing and static calculation shall be carried out by means of a power of this kind.

(3) Engineering offices may not be based on subject areas that include master builders, master masters, carpentry masters or stone butchers, including the production of artificial stone and terrazzomach-reserved activities. This does not apply to engineering offices for interior design within the scope of section 2 and for engineering offices for cultural engineering and water management in the context of their specialist area.

(4) In the context of their commercial authorization to represent the client, tradesmen who have an entitlement under paragraph 1 shall be entitled to represent the client before the authorities or bodies of public law.

(5) The scope of the authorization of other regulated trades shall not be affected by paragraph 1. "

(43b) § 136a the following paragraph 4 is added:

" (4) Commercial Property Adviser (§ 94 Z 75) must be involved in the acceptance and transfer of orders in connection with apportionments pursuant to § 1 Section 1 (1) Z 3 of the Capital Market Act, KMG, BGBl. N ° 625/1991, § 44 WAG, BGBl. I No 60/2007, as amended. "

The following paragraph 2a is inserted in § 137:

" (2a) Activities within the meaning of the second paragraph of this Article shall only be permitted to the extent that:

1.		there is a compelling and economically meaningful close-purpose connection with the main content of the respective business case,
2.		there is a compelling and economically reasonable close relationship between the brokered insurance contracts and the trader's principal activity, and
3.		in the context of the respective business transaction of the sales revenue from the insurance mediation, a share of 20vH of the sales revenue from the associated main business case does not exceed.
A secondary sector of insurance mediation may be reestablished by 31 December 2008 at the latest. "

Section 137b (4) reads as follows:

" (4) With regard to professional competence in the case of secondary commercial activity, in the case of restricted activity and in the cases referred to in paragraph 2 and 3, more detailed rules may be laid down in a regulation in accordance with § 18. The content of the qualifications to be verified shall be based on general insurance specific basic knowledge in accordance with the intended form of exercise and the specific knowledge in terms of the permitted classes of insurance in accordance with the in particular by-trade or commercial restriction. "

46. In § 137c para. 3, first sentence, it would have been "within the meaning of section 138 (3)" to be read: "within the meaning of section 138 (2)" .

47. § 137d para. 1 reads:

' (1) Any insurance intermediary registered in Austria who has the real intention of taking action for the first time in one or more other Member States in the framework of the freedom to provide services or the freedom of establishment, has the following:- If a branch office is to be notified, indicating the place of establishment and the representative of the branch office, the authority of its location. The Authority shall carry out the registration of the data in the Trade Register (§ § 365a Z 12 and 365b Z 9) and have the data forwarded without delay to the central commercial and insurance intermediary register. "

48. In § 137f (1), after the words "have records" the words "clearly visible in the head or in the footer" inserted.

49. § 137f (2) and (3) shall be applied in accordance with the words "Papers and documents" the words "clearly visible in the head or in the footer" inserted.

50. § 137f (4) and (5) shall be applied in accordance with the words "Papers and documents" the words "clearly visible in the head or in the footer" Inserted in § 137f (5) shall also be inserted after the words "as a subsidiary sector" the words " or as a restricted trade " and according to the words "the ancesing industry" the words " or to the limited trade " inserted. "

51. § 148 reads:

" § 148. The Federal Minister of Economics and Technology is responsible for the decision on the registration of a weapons industry in accordance with § 139 (1) (2) (2), on request pursuant to section 95 (2) and (19), and on complaints pursuant to § 11 (5) and § 46 (2) concerning such a trade. Work in agreement with the Federal Minister for Home Affairs. The application for such a decision must be made to the Federal Minister for Economic Affairs and Labour. "

52. The following sentence is added to Section 150 (9):

" They are without prejudice to the rights of the trader who are entitled to pursue the business of electrical engineering (§ 94 Z 16), for the connection of the self-manufactured machinery and equipment as well as of the self-established plants to existing ones and Sufficiently dimensioned power supply lines are authorized. "

53. The following sentence shall be added to section 150 (15):

" The trader who is entitled to exercise one of the trades listed in § 94 Z 49 are without prejudice to the rights of the trader who are entitled to pursue the business of electrical engineering (§ 94 Z 16) to the connection of the trader himself shall be entitled to existing and sufficiently dimensioned power supply lines, as well as of the equipment itself. "

54. In § 151 (9), the first sentence reads:

"The Association of Advertising and Market Communication of the Austrian Chamber of Commerce has a list of persons in which persons who wish to exclude the delivery of advertising material free of charge are to be entered for free."

55. The title of § 154 reads:

"Trade and retail trade"

56. The following paragraph 7 is added to § 154:

' (7) The scope of the trading agent's activities shall include the sale of goods or the closure of trade in goods in foreign names and on the other hand between self-employed persons and persons, the goods of the type offered for the purpose of carrying out the activities of self-employment, regardless of whether the funds are carried out in the context of self-employment or on the basis of individual contracts. '

57. § 156 and title reads:

" Liability insurance

§ 156. The exercise of the business of the carriage of persons with trailers in which the tractors are not in force in 1967, BGBl. No 267, subject to or in accordance with § 1 para. 2 lit. (a) and (b) and (3) leg.cit. of whose provisions on liability insurance are excluded (drawing of supporters occupied by persons), authorized trader have to take out liability insurance, which shall be taken after the Railroad and Motor Insurance Act, BGBl. No 48/1959, in which the maximum amounts of liability laid down at the time of the conclusion of the insurance contract are laid down. Where the maximum amounts laid down by the Railway and Motor Insurance Act are increased, the persons referred to in the first sentence shall have the maximum liability insurance cover within one year of the increase in liability insurance. the entry into force of the increase. "

(58) The following paragraph 6 is added to § 286:

"(6) A market or occasional market is also available if the event is declared as a flea market, provided that the conditions set out in paragraph 1 or 2 are fulfilled and there is no exception to the conditions laid down in paragraphs 3 to 5."

59. The following sentence shall be added to section 289 (1):

"Such a Regulation may contain the authorisation to entrust a third party with the implementation of a market or of all markets."

60. In § 336 (1) the words are deleted "the Federal Police Directorates" and shall be the expression "367 Z 35, 50 and 51" by the expression "367 Z 35, 38, 50 and 51 and 367a" replaced.

61. § 340 para. 1 third, fourth and fifth sentence is:

" If, at the time of the trade declaration, a procedure is pending on a required review, recognition in accordance with § 373c or a compliance according to § 373d or § 373e, the authority shall have the following information within the limits of the a three-month period of time which shall be subject to a final judgment, recognition or compliance. The date of the trade declaration shall be that day on which all the necessary evidence (Section 339 (3)) has been received by the Authority and the necessary determination of the individual competence in accordance with § 19, a required review, a required review, a Recognition in accordance with § 373c or a compliance pursuant to § 373d or § 373e of the law has been legally effective. As a defect of the legal requirements, it is also valid if the company's word, according to the content of the trade, would imply a considerable mismanagement. "

62. § 345 together with headline reads:

" c) Display procedure

§ 345. (1) The provisions of para. 2 to 5 shall apply to the advertisements to be refunded under this Federal Act, which cause the authority to reenter data in the business register or to amend registered data.

(2) The advertisements shall be reimbursed

1.		pursuant to Section 46 (2) (1) and (3) (3) in the case of the district administrative authority responsible for the further establishment, and
2.		in accordance with § 46 (2) (2) and (3) at the district administrative authority responsible for the new location.
Other advertisements shall be submitted to the District Administrative Authority of the Site.

(3) § 339 (4) applies to the type of inclusion of the advertisements. The indications are to be connected with the supporting documents required to demonstrate the legal requirements for the measure or activity which is the subject of the notification. Where the display concerns the activity of a natural person, the supporting documents shall, in any event, be connected in accordance with Section 339 (3) Z 1. If such an advertisement relates to the activity as managing director or branch manager, the supporting documents shall also be connected in accordance with section 339 (3) Z 2. The provisions of Section 339 (2) apply to the ad according to § 46 paragraph 2 Z 1 first case and for the ads according to § 46 para. 2 Z 2 and 3. In the event of the conditions pursuant to Section 339 (4) (1) or (2), the erstatter of an advertisement shall be released from the presentation of the documents.

(4) If the conditions required in each case are fulfilled and are not determined otherwise in this Federal Act, the Authority shall make the registration resulting from the ad in the Trade Register and the issuing authority of the notification shall be made by the Registration to be notified.

(5) If the required statutory conditions are not met, the authority at which the notification has been refunded shall, without prejudice to a procedure in accordance with § § 366 et seq. thereof, be informed of this and the measure or the To prohibit the activity that is the subject of the ad.

(6) Within two months of the refund of the notification, the Authority shall inform the advertisements in accordance with Section 81 (3) of the notification if the required conditions are met. The communication shall form an integral part of the approval certificate. If the legal conditions are not fulfilled, the Authority shall adopt a communication within the meaning of paragraph 5 within two months of the refund of the notification. § 353 shall apply to the supporting documents to be connected to the advertisements in accordance with Section 81 (3). "

63. In § 350 (1), the first sentence is:

" For the performance of the Master examinations, the qualification tests for another regulated trade and the business examinations as well as the module UP of the Entrepreneurship licence of the Austrian Chamber of Commerce, the Master Examinations "

64. § 351 (2) reads:

" (2) The Commission shall have no more than one other co-sitter if the participation of a further co-worker in the subject areas to be examined shall be included in the master examination for the craft or examination regulations for the other Regulated trade is arranged. To the extent that this is arranged in the respective examination regulations, the Commission has to belong to at most two more co-sitters in each case for the business of the master builders as well as for the business of the Technical Office Engineering Offices (Consulting Engineers). "

65. In § 351 (4), the word "Beamter" by the words "public servant" and the word "Three" in each case by the word "five" replaced.

Section 352 (6) reads as follows:

" (6) The result of the written examination is to be announced in writing to the examination advertiser by the Master Examination Office. The examiner must be granted an insight into the assessment of his written examination work on his request within one year after the examination in the Master Examination Office. "

(67) The following sentences are added to § 352 (13):

" If only one module of the examination is declared invalid by the supervisory authority due to a lack of task design or execution, it shall be deemed to have been successfully filed by the examination advertiser. If there are serious doubts about the accuracy of the assessment of the audit by the Master Examination Commission, the Master Examination Commission shall have all the relevant documents from the Supervisory Authority on the Supervisory Authority's The supervisory authority may refer a reviewer to a reappraisal. If such an opinion comes to the conclusion in a comprehensible manner, that an incorrect assessment of the test or one of the modules has been submitted by the Master Examination Commission, the supervisory authority shall declare the examination invalid and the master examination body shall apply the issue of a certificate corresponding to the expert's opinion to the examination advertiser. "

68. In § 359b (5), the reference "§ 345 (9)" by reference "Section 345 (5)" replaced.

69. § 363 (4) reads:

" (4) The relevant competent authority may, in the exercise of the supervisory law, have a decision to delete an entry in the trade register if:

1. (a)			a natural person or other legal entity has been registered in the trade register pursuant to Section 340 (1) of the trade register on the basis of an application for a trade in a trade, or
b)			a measure or activity which is the subject of an advertisement in accordance with Section 345, has been entered in the trade register; and
2.		the conditions for a declaration of invalidity pursuant to paragraph 1 are fulfilled.
The business may be exercised until the legal force of the deletion modesty enters into force. Paragraphs 2 and 3 shall apply in the deletion procedure. "

70. In § 365a (1) (12), according to the words "also those other States of the Community in which the insurance intermediary is active" the words "including the address of a foreign branch, family name and first name of the representative of this site" inserted.

Section 365a (5) Z 3 reads as follows:

" 3.		from the database of the main association of Austrian social insurance institutions
a)			Social security numbers of the natural persons referred to in paragraph 4 and the service account numbers of directors to be ordered under this Federal Act, who are employees; and
b)			Insurance data on the service relationships of the current and last calendar year and "

72. In § 365b (1) (9), according to the words "and those other Member States of the Community in which the insurance intermediary is active" the words "including the address of a foreign branch, family name and first name of the representative of this site" inserted.

73. In the IV. The main item is the subsection r) together with the heading:

" (r) Measures to prevent money laundering and terrorist financing

General

§ 365m. (1) § § 365m to 365z set out Directive 2005 /60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, and Directive 2006 /70/EC laying down detailed rules for the implementation of Directive 2005 /60/EC for the area of this federal law.

(2) The Federal Minister for Economic Affairs and Labour is authorized to adopt, by means of Regulation, those provisions which are necessary for any further implementing measures of the European Commission, in particular within the meaning of Art. 40 of the Directive 2005 /60/EC

(3) The provisions of § § 365m to 365z shall apply to the following tradesmen, both for natural and legal persons and registered partnerships:

1.		Traders, including auctioneers, in so far as payments are made in cash of EUR 15,000 or more, whether the transaction is in a single operation or in several operations between which a connection exists or to there seems to be,
2.		real estate agent,
3.		Business consultants, including the organization of the business, in the provision of the following services to companies or trustees:
a)			Establishment of companies or other legal entities, or
b)			Performing the function of a director or a managing director of a company, a shareholder of a partnership or a similar position vis-à-vis other legal entities, or having a different effect on the performance of a company, a person's performance, or a similar position vis-à-vis other legal entities the person who can perform the above functions, or
c)			Provision of a registered office, a commercial, administrative or postal address and other related services for a company, a civil society or other legal entity or legal business Agreement, or
d)			exercising the function of a trustee of a trusteeship or a similar legal agreement or having the effect that another person may perform the functions mentioned above; or
e)			The performance of the function of a nominal shareholder for another person, other than a company listed on a regulated market, the disclosure requirements corresponding to Community law, or be subject to equivalent international standards, or to the effect that another person may perform the functions mentioned above;
4.		Insurance intermediaries within the meaning of section 137a (1) if they are active in connection with life insurance and other services with an investment purpose, except where the insurance mediation is only related to a principal activity is offered and
a)			in the context of the respective business transaction of the revenue from the insurance mediation, does not exceed a share of 10vH of the sales revenue from the main business case associated with it,
b)			the total premium of the respective business case or of several business cases with a customer who appear to be linked does not exceed 1000 euros,
c)			does not exceed the turnover of the insurance mediation 5vH of the total turnover,
d)			There is a compelling and economically meaningful close connection between the brokered insurance contracts and the main content of the trader, and thus the main content of the relevant business case, and
e)			the principal activity is not the activity referred to in paragraph 3 (2), (3) or (4).

(4) Reporting Office for combating money laundering and terrorist financing is the Federal Minister for Home Affairs. The Reporting Office shall accept suspitions in accordance with § § 365u to 365y. For all other regulatory tasks not directly assigned to the Reporting Office, in particular continuous monitoring and ensuring compliance with § § 365m to 365z by the trader, including the sanctioning of infringements The Trade Authority (§ 333) is responsible against these provisions. The commercial authority shall have effective monitoring of compliance with the provisions on a risk-based basis and shall take the necessary measures to ensure compliance with them. In doing so, all of the powers and resources necessary for the performance of their duties shall be allocated to it, including the possibility of requesting all information relating to the monitoring of the relevant provisions, and on-the-spot checks and inspections. (§ 338).

(5) The cash is equivalent to electronic money (e-money).

Definitions

§ 365n. In the sense of § § 365m to 365z means:

1.		"Money laundering" means the offence pursuant to Section 165 of the StGB (German Civil Code), BGBl. No 60/1974 as amended
2.		"Terrorist financing" means the performance of a financial contribution to support a terrorist organisation in accordance with Section 278b of the German Civil Code (StGB) for the commission of a terrorist offence, in accordance with Section 278c of the StGB (German StGB) or the fulfillment of the offence pursuant to Section 278d StGB
3.		"beneficial owner" means the natural person in whose ownership or under the control of the client is the client, or the natural person on whose behalf a transaction or activity is carried out. This includes:
a)			for companies:
aa)				natural persons, in the ownership or under the control of which a legal entity is responsible for the direct or indirect holding or control of a share of at least 25vH plus a share of shares or voting rights, including holdings in The form of bearer shares, unless the company is listed on a regulated market, is subject to the disclosure requirements corresponding to Community law, or is subject to equivalent international standards, or
off)				natural persons exercising control over the management of a legal entity in another way; or
b)			in the case of legal entities, such as foundations, and in the case of legal agreements, such as trustees, which administer or distribute funds:
ba)				natural persons, if the future beneficiaries have already been determined, the beneficiaries of 25vH or more of the assets of a legal entity or of a legal agreement; or
bb)				the group of persons-provided that the individuals who are the beneficiaries of the legal entity or the legal agreement have not yet been determined-in the interest of which the legal entity or the legal business agreement is mainly effective in the interest of the group of persons. has been or has been built, or
bc)				natural persons who exercise control over 25vH or more of the property of a legal entity or an agreement on the legal business.
4.		"politically exposed persons"
a)			natural persons who, if not in a medium or low capacity, are one or more of the public offices listed below, with regard to lit. aa to lit. ee, whether at Community or international level, or, unless increased due diligence has been carried out on a risk-based basis, for a maximum of one year:
aa)				Heads of State, Heads of Government, Ministers, Deputy Ministers and State Secretaries,
bb)				Members of Parliament,
cc)				members of the highest courts, constitutional courts or other high-ranking institutions of the judiciary, whose decisions, except in exceptional circumstances, cannot be appealed against,
dd)				Members of the courts or the board of directors of central banks,
ee)				Ambassadors, business leaders and high-ranking officers of the armed forces,
ff)				Members of the administrative, management or supervisory bodies of public undertakings,
b)			Members of the family of persons referred to in (a):
aa)				the spouse,
bb)				the partner who, under national law, is the same as the spouse,
cc)				the children and their spouses or partners,
dd)				the parents,
c)			a person known to be close to the person referred to under (a), who
aa)				the joint economic owner of legal entities and legal agreements,
bb)				maintains close business relationships with that person,
cc)				is the sole economic owner of a legal entity or an agreement on the legal business, which is known to actually be the benefit of the under-lit. (a) said person was established;
5.		"business relationship" means any commercial, professional or commercial relationship which is maintained in connection with the commercial activities of the trader subject to the provisions of § § 365m to 365t and in respect of which the trader is responsible for the of the contact, it is assumed that it will be of a certain duration.
6.		"Electronic money" means money within the meaning of Article 1 (3) (3). (b) Directive 2000 /46/EC of the European Parliament and of the Council of 18 September 2000 on the taking up, pursuit and prudential supervision of the activities of electronic money institutions, and a monetary value in the form of a claim against the issuing A location stored on a data medium shall be issued against receipt of an amount of money the value of which is not less than the monetary value issued and by undertakings other than the issuing body as a means of payment is accepted.

Duty of care

General

§ 365o. The obligations laid down in this section shall consist in the following cases:

1.		the rationale of a business relationship,
2.		settlement of occasional transactions of EUR 15000 or more, irrespective of whether the transaction is carried out in a single operation or in a number of operations between which a link appears to exist;
3.		suspicion of money laundering or terrorist financing, notwithstanding any exceptions, exemptions or thresholds,
4.		Doubts about the authenticity or the appropriateness of customer identification data.

§ 365p. (1) The obligations towards customers shall include:

1.		Identification and verification of the customer's identity on the basis of an official photo ID,
2.		where appropriate, identification of the identity of the beneficial owner, taking risk-based and appropriate measures in order to convince themselves of the identity of the beneficial owner. In the case of legal persons, trustees and similar legal agreements, this shall include risk-based and appropriate measures to establish the customer's ownership and control structure,
3.		Collection of information on the purpose and type of business relationship and the nature of the business relationship
4.		continuous monitoring of the business relationship, including a review of the transactions carried out during the course of the business relationship in order to ensure that it is with the knowledge of the customer, its business activities and its the risk profile, including where necessary the source of the funds, and ensuring that the relevant documents, data or information are always updated.

(2) The scope of the due diligence obligations referred to in paragraph 1 shall be determined on the basis of the specific risk depending on the type of customer, business relationship, product or transaction. The adequacy of the measures adopted must be able to be demonstrated in relation to the commercial authority. Customer data shall be collected with due diligence.

(3) The obligations referred to in paragraph 1 shall also be taken into account in relation to the customers already existing at the time of entry into force of these provisions.

(4) If the trader is not in a position to comply with paragraph 1 (1) (1) to (3), they are obliged not to process a transaction through a bank account, to establish a business relationship, not to unwind the transaction or to establish the transaction. End business relationship. Furthermore, they have to examine the need for notification to the Reporting Office pursuant to Section 365u (1) (1) (1) (1).

Identity determination

§ 365q. (1) The determination of identity with regard to the customer and the beneficial owner must be carried out prior to the creation of a business relationship or the settlement of a transaction. In the case of real estate leases taking place on the basis of the activity of a real estate agent, the identity shall be established if the amount of the annual rent amounts to EUR 15000 or more. If the amount is not known at the beginning of a transaction, the trader shall identify the identity as soon as the amount is known or can be established and shows that the threshold is reached or exceeded.

(2) The verification of the identity of the customer and of the beneficial owner must not be concluded contrary to paragraph 1 even during the establishment of a business relationship if this proves to be necessary to the normal business flow is not to be interrupted and there is only a low risk of money laundering or terrorist financing. In this case, the identification procedures concerned shall be concluded as soon as possible after the first contact.

(3) In the case of the life insurance business, the verification of the identity of the beneficiary from the police officer in accordance with paragraph 1 shall not take place until the payment is made or if the payment is made. who wants to take advantage of his rights from the policeman.

Simplified obligations

§ 365r. (1) The requirements of § § 365o (1), (1), (2) and (4), § 365p (1) and (2) and 365q (1) shall not apply if the customer is

1.		a credit or financial institution covered by Directive 2005 /60/EC, or a credit or financial institution established in a third country which is subject there to equivalent requirements, such as the requirements laid down in this Directive, and is subject to supervision in respect of their compliance; or
2.		a publicly traded company whose securities are admitted to trading on a regulated market within the meaning of Directive 2004 /39/EC in one or more Member States, or a listed company from third countries which: be subject to disclosure requirements which are consistent with Community law, or
3.		national authorities, or
4.		Authorities or public bodies entrusted with the task of public tasks on the basis of the Treaty on European Union, the Treaties establishing the European Communities or the secondary legislation of the Community, the Identity shall be publicly verifiable and transparent and, without any doubt, established, the activity of which shall be transparent, including accounting practices, and shall be either the examination of an organ of the Community or of the public authorities or of a other control mechanism,
. In such cases, the trader shall collect sufficient information to be able to determine whether the customer is eligible for an exemption within the meaning of this paragraph.

(2) The requirements of § 365o (1), (1), (2) and (4), § 365p (1) and (2) and (365q) (1) shall not apply to

1.		life insurance policies where the amount of the annual premiums does not exceed EUR 1 000 or, in the case of payment of a single premium, it is not more than EUR 2500; or
2.		insurance policies for pension insurance contracts, provided that the contracts cannot contain a buy-back clause or can serve as collateral for a loan; or
3.		pension schemes and pension schemes; comparable systems which provide retirement benefits to workers, deducting contributions from the salary and the rules of the scheme not allowing beneficiaries to transfer their rights, or
4.		electronic money, provided that the amount stored on the data carrier-if the data carrier cannot be recharged-is not more than EUR 150 or, if the data carrier can be recharged, the amount of money stored in the data carrier is not more than EUR 150. The amount of the total amount unpaid shall not exceed EUR 2 500. This shall not apply where an amount of EUR 1000 or more in the same calendar year is redeemed by the holder under Article 3 of Directive 2000 /46/EC, or
5.		other saving, insurance and investment products under the following conditions:
a)			There is a written contract for the product,
b)			the transactions in question shall be carried out through an account of the customer in the case of a credit institution covered by Directive 2005 /60/EC or through a credit institution established in a third country for the purpose of which the requirements of the shall be equivalent to that Directive,
c)			the product or the related transaction is not anonymous and allows for the timely application of § 365o Z 3,
d)			the amount of the premiums to be paid in the course of the year does not exceed EUR 1000 or, in the case of payment of a one-off premium, it does not exceed EUR 2500,
e)			the services from the product or the related transaction cannot be disbursed in favour of third parties, except in the event of death, disability, exceeding a certain age limit or the like and
f)			they are products or related transactions in which investments in financial assets or claims, such as insurance or other conditional claims, can be invested, the services from the product or the transaction can only be made In the long term, the product or the transaction cannot be deposited as collateral and no early payments are made during the term, no repurchase clauses are claimed and the contract is not prematurely can be terminated.

Increased duties

§ 365s. (1) In the cases where the customer was not physically present for the identification of the identity (distance selling), the trader shall have order and order forms to the customer at the place of residence or residence, respectively. to deliver the seat with registered mail. The customer shall be requested to enclose a legible copy of an official photo ID card to the order or order form to be returned, on the basis of which the trader shall inform the customer of the identity in the order or on the order. have to be checked.

(2) If the lower estimate or the call-out price-if no estimated price is specified-and the customer's bid is at least EUR 15000, the payment shall be made in cash and the customer is not at any time to determine the identity was physically present (distance selling), to require the transmission of a legible copy of an official photo ID and to carry out the identification on the basis of that identity. In doing so, particular attention should be paid to offset the increased risk of money laundering as a result of the physical absence of the customer by taking additional measures to verify the information, such as through the handling of the first Payment via an account built on behalf of the customer at a credit institution.

(2a) The identification in the sense of the two previous paragraphs shall not apply if the identity of the customer by means of a qualified electronic signature in the sense of the signature law, BGBl. I n ° 190/1999, as amended in each case. § 40b (1) (1) (1) lit. b to d BWG is to be applied in a reasonable way.

(3) In respect of transactions or business relations with politically exposed persons established in another Member State or in a third country, the trader and, where appropriate, its senior staff and their Employee

1.		to use appropriate risk-based methods to determine whether the customer is a politically exposed person or not,
2.		obtain the approval of the management level before they enter into business relationships with those customers;
3.		to take appropriate measures to determine the origin of the assets and the origin of the funds used in the framework of the business relationship or the transaction, and
4.		to subject the business relationship to increased continuous monitoring.

(4) The trader shall pay particular attention to the risk of money laundering or terrorist financing from products or transactions which may encourage anonymity and, if necessary, to take measures to prevent abuse of such products or transactions. in this respect.

Reporting requirements

General

§ 365t. The trader shall pay particular attention to transactions that are particularly close to money laundering or terrorist financing. This applies in particular to complex or unusually large transactions or transactions of unconventional patterns without apparent economic or recognizable legal purpose.

§ 365u. (1) The trader and, where appropriate, its senior staff and their employees shall be:

1.		inform the reporting body immediately, if they know, suspect or have a legitimate reason to believe that money laundering or terrorist financing has been or has been attempted or is being committed; and
2.		, at the request of the reporting body, immediately provide all necessary information and submit the necessary documents.

(2) Information within the meaning of paragraph 1 shall not be deemed to constitute a breach of a restriction on the disclosure of information governed by contract or by laws, regulations or administrative provisions, and shall not be liable for any liability.

§ 365v. (1) The trader may not carry out transactions which they know or suspect to be related to money laundering or terrorist financing before they have completed the notification provided for in Article 365u (1). The trader shall be entitled to require the reporting body to decide whether there are concerns about the immediate handling of a transaction. If the Authority does not express its opinion by the end of the following working day, the transaction may be carried out without delay.

(2) If the transaction suspects that it is subject to money laundering or terrorist financing, and if it is not possible to waive a transaction, or if it is to prosecute the beneficiaries of a suspected money laundering operation, the Commission shall: or the financing of terrorism, the trader shall notify the reporting body immediately thereafter.

(3) The Reporting Office is authorised to order that a transaction is subject to or provisionally deferred if there is a suspicion that it is used for money laundering or terrorist financing. The Reporting Office shall notify the Customer and the Public Prosecutor's Office of the order without any unnecessary delay. The customer's understanding has to contain the indication that he or an otherwise affected person is entitled to lodge a complaint for violation of their rights to the independent administrative Senate; in this connection, it is also on the basis of § 67c AVG Provisions for such complaints shall be drawn up.

(4) As soon as the conditions for omission have been removed or the public prosecutor's office declares that the conditions for seizure do not exist, the Reporting Office shall repeal the order in accordance with paragraph 3. The order shall not, moreover, enter into force if:

1.		six months have passed since their date of release, or
2.		the court has decided on a request for seizure in accordance with § § 109 Z 2, 115 of the StPO (German law).

§ 365w. The trader authorities shall immediately inform the reporting body if they encounter evidence of money laundering or terrorist financing in the course of audits carried out by the trader or on other occasions. could be related.

Prohibition of the provision of information

§ 365x. (1) The trader and, where appropriate, its senior staff and their employees shall not inform the customer concerned or any third party that information has been provided pursuant to Section 365u or that the investigation proceedings are due to money laundering or terrorist financing could or could be carried out.

(2) The prohibition referred to in paragraph 1 shall not apply to the disclosure of information to the competent authorities or to the disclosure of information for the purposes of law enforcement.

Storage of records and statistical data

§ 365y. (1) The trader shall have the following documents and information with a view to the use in investigative procedures of possible money laundering or terrorist financing, or with a view to carrying out such analyses to be kept by the reporting body or other competent authorities for a period of at least five years after the transaction has been carried out or after the end of the business relationship:

1.		as regards customer data, a copy or reference information of the documents required, including the type of document, the document number, the date of issue, the issuing authority and the country of exposition, and
2.		all supporting documents and records relating to business relations and transactions.

(2) Insurance intermediaries operating with life insurance and other investment-related services shall also have the measures in respect of due diligence obligations and the retention of records referred to in the first paragraph, including in their -to apply branch offices and majority owned subsidiaries in third countries, if available. If the application of these measures is not permitted in a third country, they shall inform the reporting body in writing. The reporting body shall inform the European Commission if it considers that a solution could be sought in such a case as part of a concerted approach. In addition, if measures taken after the first sentence in a third country are not allowed, insurance intermediaries will have to take additional measures to deal effectively with the risk of money laundering or terrorist financing.

(3) Insurance intermediaries operating in the context of life insurance and other investment-related services shall ensure that they are fully and rapidly at the request of the reporting body or other competent authorities. Whether they have a business relationship with certain natural or legal persons or have maintained a business relationship during the last five years, as well as the nature of this business relationship.

Internal procedures, training and feedback

§ 365z. (1) The trader shall have adequate and appropriate internal procedures for the fulfilment of due diligence obligations towards customers, suspitions, the retention of records, internal control, risk assessment, the Risk management, ensuring compliance with relevant rules and communication, in order to prevent and prevent transactions related to money laundering or terrorist financing.

(2) Insurance intermediaries operating with life insurance and other services with an investment purpose shall also have the measures referred to in the first paragraph in their possession, where they exist, and the majority of them in their possession. to be notified in third countries.

(3) The trader shall have familiarized their employees with the provisions on the prevention of money laundering and terrorist financing. This also includes the participation of employees in training programmes to identify and behave in the case of transactions related to money laundering or terrorist financing.

(4) The Federal Minister of the Interior has the Austrian Chamber of Commerce for the purpose of informing the trader of methods of money laundering and terrorist financing and on indications in which suspicious transactions are detected so that they can be informed. "

74. § 365u is given the name "§ 36 5z1" .

75. In § 366 (1) (4), the words shall be: "§ 71 (1)" by the words "§ 69 (1) or § 71" replaced.

76. In § 366 (1) (8), the point is replaced by a line-point and the following sentence is added:

"It shall be kept the same if an activity of insurance mediation is carried out, even though a declaration of glory has been recorded in the insurance intermediary register."

(77) In § 366 (1) the following Z 9 is added:

" 9.		if, contrary to the provisions of Section 365u, it is not possible to inform the money-laundering department immediately, or to provide the necessary information or to issue documents;

78. The following Z 2a is inserted in § 367:

" 2a.		Contrary to Article 20 (3), the words "Meister", "Meisterbetrieb", "Meisterbetrieb" or words of similar content, or a seal of approval marked as "master operation", are used without authorisation or when the quality seal of the regulation is used in accordance with § 20 Paragraph 3. '

79. § 367 Z 16 reads:

" 16.		a business in another establishment or in a new location, without having refunded the notification in good time in accordance with section 46 (2); "

80. According to § 367 Z 20 the following Z 20a is inserted:

" 20a.		an advertising event, even though it was prohibited by the Authority or the ad was not refunded pursuant to Section 57 (5); "

81. § 367 Z 35 reads:

" 35.		Contrary to the provisions of Section 112 (5) alcohol, "

82. § 367 Z 38 reads:

" 38.		the provisions of § § 365m to 365z concerning measures to prevent money laundering and terrorist financing are not complied with; "

83. According to § 367, the following § 367a is inserted:

" § 367a. An administrative surrender which is punishable by a fine of at least 180 euros up to EUR 3 600 is to be paid to who, contrary to the provision of § 114 alcohol, gives out or gives out or makes a gift or leave it. "

84. In § 368 the expression "§ § 366 and 367" by the expression "§ § 366, 367 and 367a" replaced.

85. In § 369, the words "The punishment of the author" by the words "The Decay" replaced.

86. § 370 (1) reads:

"(1) If the order of a managing director has been indicated or approved, then money or expiration penalties shall be imposed on the managing director."

(87) The following paragraphs 1a and 1b are inserted in § 370:

" (1a) fines may also be imposed on legal persons or registered partnerships if they are obligations arising from § § 365m to 365z (measures to prevent money laundering and the terrorist financing) which have been committed in their favour by a person acting either alone or as part of an organ of the legal person or registered civil society and a leading position within the legal person or registered civil society on the basis of

1.		the power to represent the legal person or the registered civil society,
2.		the power to take decisions on behalf of the legal person or the registered civil society, or
3.		of a supervisory authority within the legal person or of the registered civil society.

(1b) Legal persons or registered partnerships may also be held liable in the event of obligations arising from § § 365m to 365z, if a lack of supervision or control by a person referred to in paragraph 1a is not required. the commission has made possible the commission of infringements referred to in paragraph 1a in favour of the legal person or the registered private company by means of a person under the authority of the person. "

88. The VI. The main item with headline is:

" VI. Main item

EEA adjustment provisions

Temporary cross-border service in the context of the freedom to provide services

§ 373a. (1) nationals of a Member State of the EU or of a Contracting State of the EEA who are established in another Member State of the EU or Contracting State of the EEA where they have the power to carry out an activity which is subject to the provisions of this Regulation. This activity may be applied temporarily and occasionally under the same conditions as nationals in Austria. It is not necessary to provide the necessary proof of formal qualifications,

1.		if the commercial activity is regulated in the Member State of establishment or if there is a regulated training within the meaning of Article 3 lit. e Directive 2005 /36/EC, or
2.		if the commercial activity or the training is not regulated within the meaning of Z 1, but the service provider has pursued the commercial activity in the Member State of establishment for at least two years during the previous 10 years.
The Federal Minister for Economic Affairs and Labour has to prohibit the exercise of the activities forming the subject of the service if the above-mentioned conditions for the provision of the service are not fulfilled or if one of the conditions set out in § 87 (1) or the reason for the withdrawal of Section 135 (5) applies to the service provider. If a prescribed notification under this Federal Act has not been refunded or has been infringed against the information requirements laid down in paragraph 8, the Federal Minister of Economics and Labour may take the exercise for a period commensurate with the reason of the prohibition. . Any infringement of the provisions of this paragraph shall be punished in accordance with Section 366 (1) (1) (1).

(2) The service provider has to comply with the provisions of this Federal Act and the regulations adopted pursuant to this Federal Act in the exercise of the activity of the service which forms the subject of its service. Any infringement of this commandment must be punished in accordance with § § 367 and 368.

(3) The provisions of paragraphs 1 and 2 shall also apply to companies within the meaning of Article 34 of the EEA Agreement, which have been established under the legislation of an EEA Contracting Party and which have their registered office, head office or their Principal place of business in an EEA Contracting State. If the companies mentioned above only have their registered office in an EEA Contracting State, their activities must be in fact and permanently connected with the economy of an EEA Contracting State.

(4) If the cross-border activity is subject to a trade or activity which has been carried out in § 94 and which are to be attributed to these commercial activities, the service provider shall have the Federal Minister for Economic Affairs and Labour the first-time admission of the activity to notify it in writing beforehand and to provide information on details of an insurance cover or any other type of individual or collective protection with regard to professional liability. This ad shall be renewed once a year if the service provider intends to provide services temporarily or occasionally during the year in question. The following documents shall be added to the initial display and to a further annual notice of major changes:

1.		proof of the nationality of the service provider;
2.		a certificate issued by the competent authorities or bodies that the service provider is lawfully established in a Member State or State Party for the performance of the activities in question, including the address of the establishment, whether such is regulated in the State of establishment and the exercise of those activities at the time of presentation of the certificate is not prohibited, not even on a temporary basis;
3.		a professional qualification certificate of the service provider;
4.		in the cases referred to in paragraph 1 (2), proof that the service provider has pursued the activity in question for a period of at least two years during the previous 10 years;
5.		provided that the service is the subject of the security industry (occupational detectives, security services) in accordance with § 94 Z 62, the arms industry pursuant to § 94 Z 80 or the establishment of alarm systems for establishments, buildings or land according to § 106 (1) Z 3, proof that there is no criminal record for the service provider and its employees.

If the service provider is a company within the meaning of (3), the advertisement shall be accompanied by the documents listed in Z 2 and 4 and a professional qualification certificate of the responsible legal representative.

(5) In the case of advertisements concerning the first-time recording of an activity pursuant to paragraph 4, the Federal Minister of Economics and Labour shall proceed as follows:

1.		The indications of the initial inclusion of an activity in accordance with paragraph 4 shall be verified; the applicant shall be confirmed within one month of receipt of the documents; if necessary, the applicant shall be informed of the documents missing in accordance with paragraph 4, or that there is no objection to the exercise of the activity.
2.		In the case of commercial activities as defined in § 94 Z 2, 4, 5, 6, 10, 14, 16, 17, 18, 23, 25, 28, 30, 32, 33, 34, 41, 42, 43, 46, 48, 53, 58, 62, 65, 66, 69, 80, 81 and 82 or in accordance with paragraph 6 by regulation, or in the case of commercial activities, which In addition to the existence of the conditions laid down in paragraph 1, the Federal Minister of Economics and Labour shall, before the first exercise of a commercial activity, have to verify whether, in view of the lack of such activities, the Federal Minister of Economics and Labour shall be responsible Professional qualification of the service provider is a serious impairment of public health or Security or the health or safety of the recipient of the service is to be feared:
a)		If an impairment is not to be feared due to a lack of professional qualification, the scoreboard shall be notified within a period of not more than one month after receipt of the complete dossier. In this case, the activity shall be admissible from the date of receipt of the notice of the Federal Minister of Economics and Labour to the applicant.
b)		Where there is a significant difference between the professional qualifications of the service provider and the training required in Austria in such a way as to ensure that this is detrimental to public health or safety, the notification shall be submitted within a period of time no more than one month after receipt of the complete dossier, only on condition that the scoreboard has successfully completed an aptitude test in accordance with paragraph 7 or an appropriate adaptation period. The contents of the aptitude test or of the adaptation period shall be determined by the Federal Minister of Economics and Labour in the communication. The provision of the service must be able to take place within the month following the decision of the Federal Minister of Economics and Labour.
c)		If difficulties arise in the proceedings, which could lead to a delay, the Federal Minister of Economics and Labour shall inform the applicant within one month of receipt of the notification and the accompanying documents on the grounds for this delay and on the timetable for a decision. The decision must be taken before the end of the second month from the receipt of the complete documents to the Federal Minister for Economic Affairs and Labour.
3.		If the Federal Minister of Economics and Labour has not received any reaction from the Federal Minister for Economic Affairs and Labour until the end of the second month from the receipt of the complete documents, the activity may be provided.
The Federal Minister of Economics and Labour has provided service providers within the meaning of paragraph 4 and/or Paragraph 6, Z 1, stating the name (company), first name, address of the establishment, any contact address, any other contact details in the country and the activity carried out on the Internet.

(6) The Federal Minister for Economic Affairs and Labour may by Regulation

1.		indicate, in addition to the trades in accordance with § 94, also free trade in which an indication in accordance with paragraph 4 is to be made on account of the existence of a risk to public policy, public security, health or the protection of the environment; and
2.		other trade in accordance with § 94 (or § 31), for which a review in accordance with paragraph 5 is to be carried out. With regard to Directive 2005 /36/EC, the Federal Minister for Economic Affairs and Labour has to refer to industry which affects public health or safety and in the case of lack of professional qualification of a service provider. serious damage to the health or safety of persons is to be expected.

(7) The aptitude test referred to in paragraph 5 shall be taken before a Commission to be set up by the Master Examination Office. The scoreboard shall be made possible to take the aptitude test within one month of the legal force of the date of the decision. The application of the aptitude test is to apply the provisions of § § 350 to 352 in accordance with the relevant provisions. If the aptitude test or an adaptation period in accordance with paragraph 5 has not been successfully completed by the examination advertiser, he/she shall not provide the service forming the subject of his/her advertisement. Infringements of this prohibition shall be punished in accordance with Section 366 (1) (1) (1) (1).

(8) In the case of trade in accordance with paragraph 5 (2) (2) and (6) (2), the service provided under the professional title of the host Member State shall, in all other cases, be subject to the professional title of the Member State of establishment, provided that such a service is not , to be made in an official language of the Member State of establishment, stating the evidence of formal qualifications. In the case of commercial activities not subject to paragraph 5 (5) (2) or (6), the service provider shall, in addition to the fulfilment of other information requirements, provide the recipient in writing, before the conclusion of the contract, to the following information

1.		if the service provider is entered in a commercial register or a similar public register, the register in which he is registered and the number of the registration or equivalent information from that register which is used for identification;
2.		if the activity in the Member State of establishment is subject to authorisation, the name and address of the competent supervisory authority;
3.		the professional chambers or similar organisations to which the service provider belongs;
4.		the professional title or, in the event that such a professional title does not exist, the proof of training of the service provider and the Member State in which the professional title is awarded or the evidence of formal qualifications has been issued;
5.		if the service provider carries out a VAT-taxable activity, the VAT identification number referred to in Article 22 (1) of Directive 77 /388/EEC on the harmonisation of the laws of the Member States relating to turnover taxes, Common system of value added tax: uniform taxable basis;
6.		Details of an insurance cover or any other type of individual or collective protection in respect of professional liability.

§ 373b. The provisions of § 373a shall apply to nationals of the Swiss Confederation and companies established under Swiss law and their registered office, their head office or their principal place of business in the Switzerland, with the proviso that services may be provided by them in Austria, the actual duration of which does not exceed 90 working days per calendar year. In the case of the provision of the certificate of formal qualifications required, the conditions for the provision of the service shall be fulfilled if the service provider-in the case of companies whose responsible representative is responsible-the recognition in accordance with § 373c or the equal position according to § 373d or § 373e. With regard to the recognition of professional qualifications for the purpose of establishing an establishment in Austria, nationals of the Swiss Confederation are nationals of a Member State of the EU or of a Contracting State of the EEA.

Freedom of establishment

Schemes for the recognition of qualifications

§ 373c. (1) The Federal Minister for Economic Affairs and Labour, at the request of a national of a Member State of the EU or of a Contracting State of the EEA, has the actual pursuit of activities in another Member State of the EU or of another Member State EEA State Party as sufficient proof of empowerment to be recognised if:

1.		the activities, in conjunction with a relevant training in accordance with the nature and duration, correspond to the conditions laid down in the Regulation referred to in paragraph 2, and
2.		there are no grounds for exclusion in accordance with § 13.

(2) The Federal Minister for Economic Affairs and Labour, having regard to Directive 2005 /36/EC on the recognition of professional qualifications, and Directive 74 /556/EEC on the detailed arrangements for the transitional measures in the field of Activities of trade in and distribution of toxic substances and activities involving the professional use of these substances, including intermediaries, by means of a regulation to determine the nature and duration of the activities, the proof of which A prerequisite for recognition.

(3) The existence of the conditions of recognition shall be proven in accordance with the recognition rules of the Directives referred to in paragraph 2 by certificates (§ 373f) of the following kind:

1.		a certificate of self-employed activity in the field;
2.		a certificate of relevant activity in a leading position or as an operating manager;
3.		a certificate of the relevant non-self-employed activity of a different nature;
4.		Certificate of relevant training.

(4) In accordance with the rules on recognition of the Directives referred to in paragraph 2 (2), (1) to (3), a Regulation in accordance with paragraph 2 may also determine, in respect of the activities referred to in paragraph 3 (1) to (3), that they are to be counted only if: In any case, recognition advertisers have exercised recognition prior to the application for recognition up to a certain point in time.

(5) If the conditions of recognition laid down in the Regulation as set out in paragraph 2 are not fulfilled, a national of a Member State of the EU or of a Contracting State of the EEA may take advantage of the procedure in accordance with Section 373d.

§ 373d. (1) Unless § 373c is to be applied, the Federal Minister of Economics and Labour, at the request of a national of a Member State of the EU or of a Contracting State of the EEA, has to apply for the qualification level of the respective Industry or the respective activity of the profession, the professional qualification acquired and proven by the applicant (paragraph 2) maintain the qualification of the trade in question or the activity of the trade in question in accordance with Directive 2005 /36/EC, if:

1.		the professional qualification obtained and proven by the recognition advertiser is equivalent to the certificate of competency and
2.		there are no grounds for exclusion in accordance with § 13.

(2) In order to prove his professional qualification acquired in the country of origin or origin, the recognition advertiser must submit the following proof of competence or training:

1.		the certificate of competency in the sense of Article 11 lit. (a) Directive 2005 /36/EC, or
2.		the witness within the meaning of Art. 11 lit. (b) of Directive 2005 /36/EC, or
3.		the diploma within the meaning of Art. 11 lit. (c) Directive 2005 /36/EC, or
4.		the diploma within the meaning of Art. 11 lit. (d) Directive 2005 /36/EC, or
5.		proof in the sense of Art. 11 lit. e Directive 2005 /36/EC.
Any other evidence of formal qualifications or any other evidence of formal qualifications issued by a competent authority in a Member State of the EU or in a Contracting State of the EEA shall also be provided for in the case of the references referred to in Z 1 to 5. -equivalent to the corresponding qualification level, provided that they complete a training acquired in the EU or the EEA and are recognised as equivalent by the issuing State and in relation to the taking-up or pursuit of a give the same rights or, if the issuing State does not: to prepare for the exercise of this profession.

(3) The qualifications or qualifications submitted must have been issued in a Member State of the EU or a Contracting State of the EEA by a competent authority designated in accordance with its laws, regulations and administrative provisions. They must certify that the professional qualification level of the holder is at least directly below the level laid down in Article 11 of Directive 2005 /36/EC, which is required under this Federal Act for the pursuit of the activity requested. In so far as the profession or professional activities are regulated in the country of origin, the evidence of formal qualifications or training submitted to take up and pursue that profession or professional activity in the territory of the Member State of origin must: Country of origin authorizing. If the profession or professional activities in the country of origin are not regulated, the applicant must have one or more qualifications or qualifications and must complete this occupation or the professional activities in full have been in this state for two years in the previous 10 years. The two-year professional exercise is not to be proved if the applicant's training certificate is a regulated education within the meaning of Article 3 (1) (lit). b of Directive 2005 /36/EC of the qualification levels referred to in paragraph 2, z 2, 3, 4 or 5.

(4) The equivalence of qualifications or evidence of formal qualifications shall not be given if:

1.		the documented duration of training is at least one year under the training period required under this Federal Act, or
2.		the previous training relates to subjects which differ significantly from those covered by the evidence of formal qualifications required under this Federal Act; or
3.		the commercial or industrial activities comprise one or more occupational activities which are not part of the regulated profession in the Member State of origin of the applicant, and where that difference is special training, which is required under this federal law and refers to subjects which differ substantially from those covered by the qualification or training certificate which the recognition advertiser shall be presented.
Among the subjects according to Z 2 and 3, which differ materially, those subjects are to be understood whose knowledge is an essential condition for the exercise of the profession and in which the previous training of the applicant is important. Deviations in terms of duration and content compared to the training required under this federal law.

(5) If there is no equivalence, compliance is subject to the condition of adaptation in the form of an adaptation period (paragraph 1). 6) or an aptitude test (para. 7), if the equivalence can be achieved in this way. In the event of compliance with the condition of an adaptation period or an aptitude test, the principle of proportionality must be used to verify whether the knowledge acquired by the recognition advertiser during his/her professional experience is the essential Cover, in whole or in part, differences in paragraph 4 (2) or (3).

(6) Adaptation courses within the meaning of Art. 3 (1) (lit) are subject to adaptation courses. (g) Directive 2005 /36/EC.

(7) The aptitude test shall be subject to aptitude tests within the meaning of Article 3 (1) (lit). (h) Directive 2005 /36/EC. The content of the aptitude test to be pre-written may also include the deposit of certain qualifications and master examinations, or parts thereof, regulated in Regulations under this Federal Law, with regard to: Application of the aptitude test the provisions of § § 350 to 352a and the regulations established by these provisions apply in accordance with the applicable regulations.

(8) In the event of compliance with the condition of an adjustment in the form of an adaptation period or an aptitude test, the applicant shall be entitled to choose between the adaptation period (paragraph 1). 6) and aptitude test (para. 7). Except in the case of commercial or industrial activities, the exercise of which requires an accurate knowledge of Austrian law and in which advice and/or assistance with respect to Austrian law constitutes an essential and permanent part of the of the profession.

(9) The equivalence test referred to in paragraphs 1 to 8 shall be carried out at the latest within four months of the submission of the full documentation of the recognition value-added.

(10) The professional qualification of the applicant fulfils the criteria of a 'common platform' in accordance with Article 15 of Directive 2005 /36/EC and is thus appropriate, substantial differences in the training requirements of different Member States , the compensatory measures shall be eliminated in accordance with this paragraph.

§ 373e. (1) The Federal Minister for Economic Affairs and Labour shall, if he/she wishes to have a right to plan buildings, then pronounce the same position if he/she

1.		in respect of his professional qualifications, presenting certificates that
a)			referred to in Article 21 (1) of Directive 2005 /36/EC in Annex 5.7.1. of this Directive, or
b)			in accordance with Article 21 (7) of Directive 2005 /36/EC, and published in the Official Journal of the European Union, or
c)			recognised in accordance with Article 49 of this Directive, and
2.		there are no grounds for exclusion in accordance with § 13.

(2) If the applicant does not fulfil the conditions laid down in paragraph 1, he/she may claim the procedure in accordance with § 373d if he/she

1.		the conditions laid down in Article 49 (2) of Directive 2005 /36/EC only do not meet the requirements of actual and lawful professional practice, or
2.		on a training certificate issued in a Member State of the EU or in a Contracting State of the EEA, which is not listed in Annex 5.7.1. of Directive 2005 /36/EC and is entitled to do so in the Member State of origin (issuing State) is to lead the professional title "architect", or
3.		a certificate of formal qualifications in the field of architecture issued in a third country and that he has three years of professional experience in the planning of high-rise buildings in the territory of the Member State of the EU or State of the Treaty The EEA has recognised this evidence of formal qualifications in compliance with the minimum requirements laid down in Article 46 of Directive 2005 /36/EC and that this State certifies that professional experience.

(3) The Federal Minister of Economics and Labour shall, on request, issue a certificate to the effect that the applicant's domestic training qualifications, which entitle at least to the planning of high buildings under this Federal Law, shall be issued by the Federal Minister of Economics and Labour. Title III, Chapter III, of Directive 2005 /36/EC, corresponds to the requirements for architects.

Section 373f. (1) The applicant has to prove his professional qualification acquired in the country of origin or home state, in respect of the non-presence of commercial reasons (§ 13), with regard to his/her professional qualifications required for the pursuit of the business -language skills and, in the case of a test of reliability, for instance, the evidence to be submitted in accordance with the commercial or specific activities of an industry whose exercise is sought, in Article 50 and Annex VII of the Directive 2005 /36/EC. The provisions on temporary cross-border services under the freedom to provide services in accordance with § 373a shall be excluded from this. The competent authority shall, within one month, confirm receipt of the evidence submitted to the applicant and, where appropriate, inform the applicant of the absence of any documents.

(2) In the case of establishment in Austria, nationals of other Member States of the EU or of the EEA are entitled to use their legal training title in their country of origin or country of origin and, if necessary, the abbreviation in question in the language of the home Member State together with the reference to the name and place of the teaching institution which awarded this designation of training, or to the examination board which awarded this designation of training. However, this does not apply to the establishment of a professional title which is legitimate in the home country or country of origin. § 20 shall apply to the guidance of the professional title "Meister" with respect to the corresponding craft.

§ 373g. With regard to the domestic establishment of financial institutions within the meaning of Article 1 (6) of Directive 89 /646/EEC from other Member States of the EU or of the EEA, the activities referred to in points Z 2 to 14 of the Annex to that Directive, which shall: The relevant provisions of the Banking Act shall apply in respect of the cross-border provision of services by such financial institutions to Austria. The provisions of this Federal Act contrary to the aforementioned provisions of the Banking Act are not to be applied.

Issue of certificates

§ 373h. At the request of a national of a Member State of the EU or of a Contracting State of the EEA and of a company within the meaning of Article 373a (3), the Authority shall issue the following certificates:

1.		for the purpose of providing services, a certificate of legal establishment for the exercise of an activity governed by this Federal Law and the right to carry out such activities,
2.		for the purpose of establishment or the provision of services in another Member State of the EU or another Contracting State of the EEA, a certificate of national training or empowerment which may be used for the exercise of a national training or qualification in that Member State Federal law is entitled to act as well as the exercise of a self-employed or independent professional activity in a business.

§ 373i. (1) The authorities shall cooperate closely with the competent authorities of the other Member States of the EU or of a Contracting State of the EEA and of the Swiss Confederation on the application of Directive 2005 /36/EC, and shall have such authorities Mutual assistance. The confidentiality of the information exchanged shall be ensured.

(2) The obligations referred to in paragraph 1 shall include, in particular, the exchange of the following information relating to persons subject to this law:

1.		information relating to disciplinary or criminal sanctions or other serious specific facts which could have an impact on the activities carried out, and
2.		concerning the provision of a service
a)			all information concerning the lawfulness of the establishment and the good management of the service provider;
b)			all information required in the event of complaints from a recipient of a service against a service provider for a proper complaint procedure, the recipient of the complaint being informed of the outcome of the complaint; and
c)			Information on the lack of professional disciplinary or criminal sanctions

(3) The authorities shall have an appropriate examination of the facts to be informed pursuant to paragraph 1 and (2) and shall inform the host Member State of any consequences that may have been taken. "

89. In § 376 Z 9b the words "Forms and order forms as well as web pages" by the words "Forms, order forms, websites and email addresses" replaced.

90. In § 376 the following Z 16a is inserted:

" 16a.		(Immobilientreuhänder:) Persons who have had the right to exercise the property rights of the real estate workers before the entry into force of § 117 (7) are obliged to the Authority before the expiry of six months after the entry into force of this Determination of the stock of an asset liability insurance pursuant to § 117 (7). If such proof does not take place in good time, the authority shall immediately initiate a commercial withdrawal procedure and the removal from the industrial register. In this case, the initiation of the trade-education process should be noted in the trade register. "

91. § 379 reads:

" Section 379. At the time of the entry into force of the Federal Law BGBl. I n ° 42/2008, pending procedures relating to operating installations, must be completed in accordance with the provisions of the previous rules. For the procedures according to § § 373c, d and e, which were initiated before the entry into force of the federal law referred to in the first sentence, the legal situation created by this federal law shall apply. "

92. In § 381 (1), introduction shall be made after the word "Money Laundering" the words "and the financing of terrorism" inserted. In addition, the word "and" according to the words "Federal Minister for the Interior" shall be replaced by a dash and shall be replaced by the words " in matters relating to the operation of towed lifts, provided that they are subject to the provisions of the Cable Car Act 2003, BGBl. I n ° 103, the Federal Minister for Transport, Innovation and Technology. "

93. In § 382 the following paragraphs 33 to 36 are added:

" (33) § 2 (1) Z 15 and 25 and section 9, § 11 para. 4, § 13 para. 1, 3, 5 and 7, § 14 para. 2 and 3, § 18 para. 5 and 6, § 20 para. 3, § 21 para. 1, § 22 para. 3, § 23 para. 5, § 37 para. 2 and 3, § 39 para. 4, § 42 para. 1, § 43 para. 1, § 44, § 46 para. 2 and 4, § § 46 para. § 53, first sentence, § 63 paragraph 1 second sentence and paragraph 4, § 81 para. 3, § 86 para. 1, § 87 (1) Z 4a, para. 2 and para. 7, § 93 para. 2 and 3, § 94 Z 20, 27, 33, 50 and 59, § 103 Z 2, § 106 para. 1 Z 2, 3 and 4, § 109 para. 2, § § § 109 § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 111 (2) (2) (5), § 112 (2a) to (2c), § 114 including the title, § 115 including the title, § 117 (7) to (10), § 129 (6), § 137 (2a), § 137b (4), § 137c Abs 3, § 137d para. 1, § 137f para. 1 to 5, § 148, § Article 150 (9) and (15), § 154, title and subsection 7, § 156, including the title, § 286 (6), § 289 (1), § 336 (1), § 340 (1), § 345, including the title, § 350 (1), § 351 (2) and (4), § 352 (6) and (13), § 359b (5), § 363 (4), § § 363 (4). § 365a (1) (12), § 365a (5) (3), § 365b (1) (9), § 36 5z1, § 366 (1) 4, 8 and 9, § 367 Z 2a, 16, 20a and 35, § 367a, § 368, § 369, § 370 Abs.1, 1a and 1b, § 376 Z 9b and 16a, § 379 and § 381 paragraph 1, introductory wording in the version of the Federal Act BGBl. I n ° 42/2008 enter into force on the day following the publication in the Federal Law Gazans.

(34) The IV. Main section, subsection r) Measures to prevent money laundering and terrorist financing (§ § 365u to 365z) in the version of the Federal Law BGBl. I n ° 42/2008, § 366 para. 1 Z 9 and § 367 Z 38 enter into force on the day following the publication in the Federal Law Gazans.

(35) The VI. Main section of the EEA Adaptation Regulations (§ § 373a to 373h) in the version of the Federal Law BGBl. I n ° 42/2008 will enter into force on the day following the publication in the Federal Law Gazans.

(36) By the Federal Law BGBl. I n ° 42/2008, the following European Community Directives are implemented:

1.		Directive 2005 /36/EC of the European Parliament and of the Council on the recognition of professional qualifications, OJ. of the European Communities of 30 September 2005, L 255/22
2.		Directive 2005 /60/EC of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, OJ L 327, 30.11.2005, p.
3.		Commission Directive 2006 /70/EC of 1 August 2006 laying down detailed rules for the application of Directive 2005 /60/EC of the European Parliament and of the Council as regards the definition of 'politically exposed persons' and the definition of 'politically exposed persons' technical criteria for simplified due diligence procedures and for exemption in cases where financial transactions are carried out only occasionally or to a very limited extent, OJ 2006 L 214/29 "

94. Annex 1, together with headline, reads:

" Appendix 1

Directives of the Council and of the European Parliament and of the Council of the European Economic Community and of the European Commission on the implementation of the freedom of establishment and the freedom to provide services

Council Directive 77 /92/EEC of 13 December 1976 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of the activities of the insurance agent and the insurance agent (from ISIC Group 630), in particular transitional measures in respect of such activities, Official Journal of the European Communities of 31 December 2008. Jänner 1977, L 26/14

Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation, OJ L 393, 30.12.2002, p. No. OJ L 9 of 15. Jänner 2003 p. 3.

Directive 2004 /38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, Official Journal of the European Communities of 30 September 2005, L 255/22

Directive 2005 /60/EC of the European Parliament and of the Council of 26 October 2005 on prevention of the use of the financial system for the purpose of money laundering and terrorist financing

Commission Directive 2006 /70/EC of 1 August 2006 laying down detailed rules for the application of Directive 2005 /60/EC of the European Parliament and of the Council as regards the definition of 'politically exposed persons' and the definition of 'politically exposed persons' technical criteria for simplified due diligence procedures and for exemption in cases where financial transactions are carried out only occasionally or to a very limited extent "

Fischer

Gusenbauer