380. Regulation of the Federal Minister for Economic Affairs and Labour and the Federal Minister for Agriculture, Forestry, the Environment and Water Management on accompanying regulations in connection with the creation of a European Pollutant-release and Pollution Release -movement registers (E-PRTR-Accompanying Regulation, E-PRTR-BV)

Because of

1.		§ 84h of the Commercial Code of 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I No 60/2007, and
2.		§ 17 (2) of the German Emissions Protection Act for boiler plants, BGBl. I n ° 150/2004, as last amended by the Federal Law BGBl. I No 84/2006,

The Federal Minister for Economic Affairs and Labour, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, on the basis of

3.		§ § 60 and 65 (1) (1) (1) of the Waste Management Act 2002, BGBl. I n ° 102/2002, as last amended by Federal Law Gazette (BGBl). No 43/2007,
4.		§ 59a (4) of the Water Rights Act 1959, BGBl. No. 215, as last amended by the Federal Law BGBl. I No 123/2006, and
5.		§ § 9 and 12 of the Environmental Information Act, BGBl. No 495/1993, as last amended by the Federal Law BGBl. I No 6/2005,

the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Economic Affairs and Labour, on the basis of

6.		§ 222 of the Mineral raw materials act, BGBl. I n ° 38/1999, as last amended by the Federal Law BGBl. I No 113/2006,

is from the Federal Minister for Economic Affairs and Labour and on the basis of

7.		Article 6 (2) (10) and (19) of the German Environmental Control Act (BGBl). I n ° 152/1998, as last amended by the Federal Law BGBl. I No 64/2002, and
8.		Article 21a (5) of the Immission Protection Act (Air), BGBl. I n ° 115/1997, as last amended by the Federal Law BGBl. I No 70/2007,

is assigned by the Federal Minister for Agriculture, Forestry, Environment and Water Management:

Subject matter

§ 1. The purpose of this Regulation is to lay down accompanying provisions for Regulation (EC) No 166/2006 on the establishment of a European Pollutant Release And Movement Register and amending Directives 91 /689/EEC and 96 /61/EC, OJ L 327, 30.12.2006, p. No. OJ No L 33, 04. 02. 1, hereinafter referred to as "EC-PRTR-V".

Scope, general provisions

§ 2. (1) This Regulation shall apply to installations in accordance with Article 2 (3) EC-PRTR-V.

(2) Insofar as no obligations for authorities or the Umweltbundesamt GmbH arise from this Regulation, the operator is obliged to comply with the provisions of this Regulation pursuant to Art. 2 Z 6 EC-PRTR-V (for example, the owner of a Operating system, owner of a treatment plant, operator of a steam boiler plant/gas turbine plant, owner of a waste treatment plant or water authorized person).

(3) The reporting unit within the meaning of this Regulation (PRTR-Reporting Unit) shall be the operating facility in accordance with Art. 2 Z 4 EC-PRTR-V.

Report on pollutant releases and shipments

§ 3. (1) The annual report to be refunded by the operator pursuant to Art. 5 EC-PRTR-V shall be made by entering the data in an electronic register (Section 4 (1)). The first reference year shall be the calendar year 2007 in accordance with Article 7 (2) EC-PRTR-V. The report on the first year of reference shall be subject to the register by 31 May 2008 at the latest. The closing date for the submission of further reports shall be 31 May of the calendar year following the reference year concerned.

(2) After the registration and the input of the master data (§ 4) the input of the remaining report data shall be made by the operator. If notifications have already been made pursuant to a regulation pursuant to section 21 (3) of the AWG 2002, the PRTR-relevant data will be automatically made available via an interface.

(3) Where neither the pollutant thresholds referred to in Annex II nor the quantities of waste within the meaning of Article 5 (1) (b) of the EC-PRTR-V are exceeded, the report shall, for the first time in respect of an operating facility, be exceeded in respect of that reporting year. shall be composed solely of the information relating to the name of the facility and all the activities referred to in Annex I EC-PRTR-V of the respective operating equipment.

(4) Where an operator has reported a report under Article 5 (1) EC-PRTR-V for a year under review, neither the pollutant threshold values referred to in Annex II nor the quantities of waste shall be reimbursed for the relevant facility in the following year. within the meaning of Article 5 (1) (b) of the EC-PRTR-V, the operator shall, for the year under review, do so by the competent authority in accordance with Article 9 (2) of the EC-PRTR-V, stating the reasons for the reasons by the electronic register , a report must be reported once again, if during a reporting period, a report must be submitted either the pollutant threshold values referred to in Annex II or the quantities of waste within the meaning of Article 5 (1) (b) EC-PRTR-V are exceeded.

Registration

§ 4. (1) operators of operating facilities in which activities are carried out in accordance with Annex I EC-PRTR-V shall be obliged to register in the register in accordance with section 22 (1) AWG 2002 (edm.gv.at). In the context of the registration, the master data shall be entered in the register in accordance with the annex to this Regulation. The information referred to in Annex III, EC-PRTR-V, on the "identification number of the operating facility" shall be allocated as part of the registration.

(2) Operator, whose notification according to § 8 para. 1 or 2 EPER-V, BGBl. II No 300/2002, to which Umweltbundesamt GmbH has been forwarded, and which have not already been registered, have to supplement or update the master data in the register and complete the registration.

(3) In the course of the reporting (§ 3 paragraph 1), the operator is obliged to check the existing master data in the register and, if necessary, to supplement or update the master data. The competent authority in accordance with § 5 shall examine the registration of the installations and reporting units in the course of the quality assessment.

Quality assessment

§ 5. (1) The competent authority responsible for the monitoring of the installation shall be the competent authority in accordance with the respective federal law referred to in the pro-mulgation clause, for the quality assessment pursuant to Art. 9 (2) EC-PRTR-V. The operator shall, at the request of the Authority, forward any further information deemed necessary by the Authority for this examination and held by the operator in accordance with Article 5 (5) EC-PRTR-V, within a reasonable period.

(2) By way of derogation from paragraph 1, the Federal Minister of Agriculture, Forestry, the Environment and Water Management shall be responsible for the quality assessment of the transboundary movements of waste from an operating facility in accordance with Art. 2 Z 4 EC-PRTR-V Responsible.

Report data release

§ 6. (1) The competent authority in accordance with § 5 shall, after carrying out the quality assessment, report until 30 September of the calendar year following the reporting year, the first time until 30 September 2008, for the Governor of the State, in the cases of the 2 for the Federal Minister for Economic Affairs and Labour, to release the coordinating body. The Landeshauptmann has to release the reports of his federal state until 30 November of the calendar year following the respective reference year, the first time until 30 November 2008.

(2) If the competent authority of the Federal Minister for Economic Affairs and Labour pursuant to Section 5 (1) is the competent authority of the Federal Minister for Economic Affairs and Labour, it shall release the reports after the quality assessment has been carried out up to the dates stated in paragraph 1. In addition, according to Article 5 (2), the Federal Minister for Agriculture, Forestry, the Environment and Water Management is also responsible for the quality assessment with regard to the reporting data relating to the transboundary shipment of waste, shall release the reports in respect of such reporting data up to the dates referred to in paragraph 1.

Transmission to the Commission

§ 7. (1) The Federal Minister for Economic Affairs and Labour and the Federal Minister for Agriculture, Forestry, the Environment and Water Management serve the Commission of the European Communities for reporting purposes pursuant to Article 7 (2) EC-PRTR-V Umweltbundesamt GmbH as a service provider. The Umweltbundesamt GmbH has the freedom of objection of the reports set in the register in accordance with § 4 and released in accordance with § 6 and with information in other emissions produced on the basis of reporting obligations of Austria. Check waste-quantity-related directories.

(2) In each case after the publication of the Austrian report data by the Commission, the Umweltbundesamt GmbH has to make these data available to the public also on "www.prtr.at".

Public applications

§ 8. The contact point for public applications in accordance with Annex III, EC-PRTR-V, is the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

Final destination

§ 9. The regulation of the Federal Minister for Economic Affairs and Labour and the Federal Minister for Agriculture, Forestry, Environment and Water Management on the reporting of pollutant emission loads for the preparation of a European Pollutant Emission Register (EPER-V), BGBl. II No 300/2002, the entry into force of this Regulation shall be repeal.

Bartenstein Pröll

Annex

(on § 4)

Additional reporting data

pursuant to Art. 5 EC-PRTR-V and

pursuant to § 4 E-PRTR-accompanying regulation

In addition to the data required under Article 5 EC-PRTR-V, the following data shall be provided or updated during the registration and in the reports of the operators:

A. Master data

1.		Name, address (seat) and legal form of the operator, as well as the relevant business address for service, including a telefax number
2.		Contact person for the PRTR-Reporting obligation: name, telephone number (with pre-selection), e-mail address
3.		if available: company book number, club register number, supplementary register number
4.		Sectoral classification (four digits) in accordance with Regulation (EEC) No 3037/90 on the statistical classification of economic activities in the European Community, OJ L 206, 22.7.1990, p. No. 1., as last amended by Regulation (EC) No 1893/2006, OJ L 327, 30.12.2006, p. No. OJ L 393, 30.12.2006 p. 1
5.		Addresses and designations of the locations, including the indication of the district and the federal state, on which the activity is carried out
6.		Indication of the land (catastral community and land numbers) on which the respective location is located
7.		Indication of the legal bases according to which the facility is approved (AWG 2002, GewO 1994, IG-L, LRG-K, EG-K, MinroG, UVP-G 2000 or WRG 1959)
8.		Identification of the equipment belonging to the plant, which
a)			on the basis of other legislation, or
b)			by the competent authority, or
c)			in addition, the operator is registered in the register pursuant to Section 22 (1) AWG 2002, as part of the PRTR-reporting unit
9.		from 1. January 2010 indication of the base area of the installations referred to in Z 8 by indicating the coordinates of the vertices, if not already done

and their identification numbers.

The commercial address referred to in Z 1 for delivery as well as Z 2, 7 to 9 are not intended for publication within the meaning of § 7.

B. PRTR Report Data

1.		Production volume of the main activity in the reporting year (product, measure, unit)
2.		Operating hours of each activity (h/a), where the operating hours are to be shown for each activity
3.		Mention of the activities referred to in Annex I EC-PRTR-V, which contribute to the exceedation of a pollutant threshold
4.		Waste water volume of the reporting unit (sum of the relevant subflows) in the reporting year (m 3 /a). Relevant sub-flows shall be those sub-flows contributing to the exceedation of a threshold value in accordance with Annex II, EC-PRTR-V.

The information referred to in Z 1 to 4 shall be forwarded to the Commission or made available to the public only at the express request of the operator. The information in Z 4 shall be required only if a threshold for release in water is exceeded in accordance with Annex II, EC-PRTR-V.