43. Federal Act to amend the Waste Management Act 2002 (AWG-Novelle 2007)

The National Council has decided:

The Waste Management Act 2002 (AWG 2002), BGBl. I n ° 102, as last amended by the Federal Law BGBl. I n ° 16/2007, as amended:

1. The entry in the table of contents is § 21:

" § 21.

Registration and reporting obligations for waste collectors and handlers and in accordance with the EC-Movement Obligations "

2. The following entries are inserted in the table of contents for § § 22a to 22c:

" § 22a.	Data entry in a register according to § 22 (1)
§ 22b.	Correction of data from the registers
§ 22c.	Electronic attachment "

3. In the table of contents, the following entry is added to § 29a:

" § 29a.

Obligations related to the termination of a collection and recovery system "

4. The entry in the table of contents is § 60:

" § 60.

Recording and reporting requirements for activities in accordance with the EC-PRTR-V, incineration or co-incineration plants and IPPC treatment facilities "

5. The entry in the table of contents is § 70:

" § 70.

Release of the security, transport and customs declaration "

6. In the table of contents, the following entry is added to § 87a:

" § 87a.

Search for the registers in accordance with § 22 (1) "

7. In § 2 (8), the point shall be replaced by a line-point at the end of Z 5 and the following Z 6 shall be added:

" 6.		"sectoral code" means the sectoral classification (four digits) in accordance with Regulation (EC) No 1893/2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Regulation (EEC) No 3037/90 and certain Regulations of the EC on certain areas of statistics, OJ C 327, 28.4. No. OJ L 393, 30.12.2006 p. 1.

8. § 3 (1) Z 6 reads:

" 6.		Explosives waste from the civil or military sector, except for the waste of pyrotechnic articles, which have been removed from vehicles or end-of-life vehicles. "

9. § 6 para. 1 Z 3 reads:

" 3.		whether it is a case in accordance with Community legislation on waste, in particular Regulation (EC) No 1013/2006 on shipments of waste ('the EC Shipments '), OJ L 206, 22.7.2006, p. No. 1. on the shipment of notifiable waste, '

10. In § 13a (3), first sentence, after the word order "Manufacturer as referred to in paragraph 1, which" the phrase "putting electrical and electronic equipment on the market for private households and" inserted and the reference "§ 22 (1a) Z 1 to 3 and 10" is indicated by the reference "§ 22 (2) (1) to (3) and (10)" replaced.

11. § 13a (4) first sentence reads:

" Manufacturer as referred to in paragraph 1, which

1.		they do not fulfil their obligation to take back individually, or
2.		Placing electrical and electronic equipment on the market for commercial purposes and intending to fulfil their obligation to take back their products individually,
in accordance with a regulation pursuant to section 14 (1), have the data to be registered electronically via the edm.gv.at website for their collection points in accordance with Section 22 (2) (1) to (3) and (10) and these data for their collection points in accordance with paragraph 1. "

The first sentence of Article 13a (4a) reads as follows:

" Manufacturers and importers pursuant to a regulation pursuant to § 14 (1) on end-of-life vehicles and registered persons in accordance with a regulation pursuant to § 14 (1) on packaging shall have the data electronically via the Internet site pursuant to § 22 (2) (1) to (3) and (10) edm.gv.at to register. "

13. § 16 (4) reads:

(4) Waste containing persistent organic pollutants in accordance with Annex IV to Regulation (EC) No 850/2004 and amending Directive 79 /117/EEC (hereinafter referred to as "EC POPs"), OJ L 327, 30.11.1979, p. No. OJ L 158, 30.4.2004, p. 7, corrected by OJ L 158, 30.4.2004, p No. 5), as last amended by Regulation (EC) No 323/2007, OJ L 327, 30.12.2007, p. No. 3. of this Regulation (waste containing persistent organic pollutants-POPs) must be treated thermally or chemically/physically in a plant approved for this purpose in such a way that the content of persistent organic pollutants is to be treated with persistent organic pollutants. organic pollutants are destroyed or irreversibly converted, so that the remaining waste and releases do not have the characteristics of persistent organic pollutants. The deposition referred to in Annex V, Part 2, of the EC-POP-V underground in safe, low-lying rock formations, salt mines or landfills for hazardous waste shall be for the POPs referred to in Annex V, Part 2 of the EC-POP-V, to the level of the POPs referred to in this Annex. Annex, provided that proof is provided in accordance with Article 7 (4) (b) (i) of the EC-POP-V that this divergent treatment constitutes an opportunity to be considered in environmental terms. '

14. In § 17 (1), the following sentence shall be inserted after the first sentence:

"Waste collectors and handlers shall also record the industry code of the transmitter of the waste; this shall not apply to simplified records in accordance with a regulation pursuant to Article 23 (3)."

15. § 18 para. 2 reads:

" (2) In the case of a shipment of waste subject to notification (7). Section) shall declare the nature, quantity, origin and whereabation of the hazardous waste in the notification form as set out in Annex IA and in the accompanying form, as referred to in Annex IB to the EC Shipments. Paragraphs 3 and 4 shall not apply. "

16. In § 18 (5) the word "Notification accompanimine" through the phrase "Notification and accompanying forms" replaced.

17. In § 18, the following paragraph 6 is added:

"(6) (1) and (3) shall not apply to the surrender of hazardous waste by private households as a waste producer."

18. In § 19 (1), in the Z 2 the word "Notification Accompanying" through the phrase "Notification and accompanying forms" is replaced and the final part is:

" or, in accordance with a Regulation, to transmit the accompanying note data to the Register before the commencement of transport, and to the authorities, the institutions of the Public Security Service (§ 82) or the customs bodies (§ 83) at any time on request to be used. "

19. § 20 (1) reads:

" (1) A waste producer, in which waste oils are produced in an annual quantity of at least 200 litres or other hazardous waste recurring, at least once a year, and which takes up its activity after 12 July 2007, has within one month of taking up the activity electronically via the website edm.gv.at in the register pursuant to section 22 (1) (1) (1) with the following data:

1.		name, address (e.g. registered office) and a domestic commercial address relevant to service, including the fax number,
2.		if applicable, the company's book number, club register number or supplementary register number,
3.		Branch code (four digits),
4.		Addresses of the sites (e.g. premises) from which hazardous waste is transferred to third parties,
5.		Contact address, including an existing email address, and contact person. "

20. § 20 (3) and (4) reads as follows:

" (3) Changes in the data referred to in paragraph 1 or the cessation of the activity shall be reported within one month on the register in accordance with section 22 (1).

(4) Competent authority shall be the Landeshauptmann, in whose province the waste producer has its registered office or principal place of business; provided that there is no registered office or principal place of business in a company, the Responsibility for the place of the branch of the undertaking; in the case of a number of branches in the territory of the country, jurisdiction shall be determined by the place of the earliest branch. "

21. In § 20, paragraph 5 is deleted and the last sentence of paragraph 6 is deleted.

22. In § 21 the heading is:

" Registration and reporting requirements for waste collectors and handlers, and in accordance with
EC Movement Pledge "

23. In § 21 (1) the phrase "shall be the order of the word" the Federal Environment Agency (Umweltbundesamt Gesellschaft mit beschränkter Haftung) (Federal Environment Agency) " by ' edm.gv.at " replaced.

24. § 21 (1) Z 1 reads:

" 1.		name, address (zB) of the waste collector and handler and a domestic commercial address relevant for service, including the fax number, "

25. In § 21 (1) Z 2, the phrase " , supplementary register number or, in the case of natural persons, the area-specific personal identifier " through the phrase "or supplemental register number" replaced.

26. § 21 (1) Z 3 to 5 reads:

" 3.		Branch code (four digits),
4.		Addresses of the locations (e.g. premises),
5.		Installations, plant types and in accordance with a Regulation pursuant to § 23 reporting units, "

27. § 21 (2a).

28. In § 21, section 2b of the reference " 1 to 2a " by reference " 1 and 2 "and in paragraph 2c of the reference" (Section 22 (1a)) "by the reference" (§ 22 para. 2) " replaced.

29. In § 21 (2d) the second sentence is deleted.

30. In § 21 (3), in the second sentence after the word order "broken down by" the phrase "the industry code and" inserted and after the word "expel" a line point is set and the word sequence "in the case of simplified records in accordance with a regulation in accordance with § 23 (3), an outline according to the industry code is not required" .

31. § 21 (5) reads:

" (5) The following data shall be transmitted in electronic form in accordance with a regulation in accordance with Section 23 (3) to a register pursuant to Section 22 (1):

1.		Notifications pursuant to paragraphs 3 and 4, notifications pursuant to § § 5 (4) and (5), 18 (3) and (4) and 60,
2.		Notifications pursuant to Article 15 (c), (d) and (e) and (16) (b), (d) and (e) of the EC Shipments by each of the EC Shipments. '

32. The following paragraph 6 is added to § 21:

" (6) Insofar as persons intending to carry out a notifiable shipment of waste from Austria pursuant to the EC Shipments V or in accordance with a Regulation pursuant to § 72 Z 1, not already registered in the register pursuant to § 22 (1) Z 1 , they have to register via the website edm.gv.at with the following data in the register:

1.		name, address (e.g. registered office) and a domestic commercial address relevant to service, including the fax number,
2.		if applicable, the company's book number, club register number or supplementary register number,
3.		Branch code (four digits),
4.		Addresses of the locations (e.g. premises),
5.		Contact address, including an existing email address, and contact person. "

Section 22 (1) to (5) reads as follows:

" (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has, after hearing the national main men,

1.		an electronic register for master data and
2.		an electronic register of data to be transmitted to the respective competent authority pursuant to this Federal Act or pursuant to this Federal Act, and to the data in accordance with § § 8 (2) (1) and (69) (1) and in accordance with the EC-Movement V concerning transboundary movements of waste
to set up and run mapping tables for waste types, treatment procedures, plant types and personal-price-related identification numbers. For identification purposes, a number is to be used, which represents an internationally standardized uniform identification for locations and articles and which can be integrated as far as possible into the electronic data traffic of the economy.

(2) The following master data may be recorded in addition to the associated identification numbers in the register:

1.		Names, addresses (e.g. registered office)-including the indication of the district and the federal state-of the person and a domestic business address relevant to the service, including a fax number,
2.		Company book numbers, club register numbers, supplementary register numbers or, in the case of natural persons, the area-specific personal identification marks,
3.		Branch code (four digits),
4.		Addresses-including the indication of the county and the federal state-of the locations and the ÖSTAT-municipal number,
5.		Indication of the land (land numbers) of the sites and treatment procedures;
6.		Geodata of the sites and installations,
7.		Assets, asset types, and reporting units,
8.		waste types and other relevant component type-approval contents, in particular emission limit values and waste acceptance criteria, from plant permits for treatment plants,
9.		the scope of the collection and treatment rights,
10.		contact addresses, including existing e-mail addresses, and contact persons,
11.		Supervisory and control bodies.

(3) If no technical possibilities for electronic transmission are available to a person responsible for registration, the registration or the modification of the data can be carried out in the case of a fee of 40 euros. Environmental Federal Office in writing. The Federal Minister for Agriculture, Forestry, the Environment and Water Management can, in the case of minor changes in the data, look at the cost of the data.

(4) The registers shall be listed as an information composite system within the meaning of § 4 Z 13 of the Data Protection Act 2000, with the Federal Minister for Agriculture, Forestry, Environment and Water Management the function of the operator according to § 50 of the Data Protection Act 2000. The Federal Minister for Agriculture, Forestry, the Environment and Water Management can serve in the establishment and management of the registers of a service provider. The Federal Environment Agency (Umweltbundesamt) is a service provider for the register in accordance with paragraph 1 (2) (2).

(5) The Federal Minister for Economic Affairs and Labour may, within the limits of his competence, use the registers for the performance of his duties in coordination with the Federal Minister for Agriculture, Forestry, Environment and Water Management. "

34. According to § 22, the following § § 22a to 22c shall be inserted together with the headings:

" Data entry in a register according to § 22 (1)

§ 22a. (1) Insofar as a register is already established for the relevant subdivision in accordance with Section 22 (1) and does not require the waste owner, the person or the owner of the plant to be notified, his/her data in electronic form shall be sent to the Register in accordance with section 22 (1), has

1.		To transfer the following data to the respective register of the country's main national:
a)			the data of an advertisement in accordance with § 24 or, if a decision has been issued, the data of the decision pursuant to § 24 concerning the extent of the authorization; the data of the authorities transferred pursuant to § 77 (1) Z 6 are due to an indication of the to transfer, in accordance with Section 6 (7), to the register, any person entitled to the collection or treatment of the waste or to whom he intends to take over the waste;
b)			the data of a permit pursuant to § 25 on the extent of the entitlement;
c)			the data on the plant capacity and the types of waste covered by the plant permit and the relevant contents of the plant approval certificate, in particular emission limit values and waste acceptance criteria; for prior to 1. In the case of installations approved in January 2006, these data shall be transferred to the register in the case of an amendment requiring approval pursuant to Section 37 (1) or on the basis of a notice of arrest pursuant to Section 6 (7);
d)			the official number in accordance with the Animal Material Act for establishments which treat animal by-products in accordance with the Animal Material Act; and
e)			the data referred to in Article 18 (3) and (4);
2.		the Federal Minister for Agriculture, Forestry, the Environment and Water Management the data in accordance with § § 5, 7 and 69 (1) and the data of the notification in accordance with the EC Shipments V concerning the transboundary movements of waste into the to transfer each register.

(2) Competent authority for the transfer of the data pursuant to Section 1 (1) (1) (1) shall be the Governor of the Land responsible for receiving the respective advertisement or notification or for the purpose of issuing the relevant decision.

(3) The provincial governor may entrust the district administrative authority with the registration of the official number in accordance with the Animal Material Act for establishments which treat animal by-products in accordance with the Animal Material Act.

(4) The competent authority may authorise the landfill supervisory body to transmit data to the register in accordance with paragraph 1 (1) (1).

(5) The relevant competent authority may, in a register in accordance with Article 22 (1), data contained in a register, in particular in the context of the control of reports, the transfer of data as referred to in paragraph 1 and in the case of a comparison of the data contained in a register with data of the register of companies in accordance with § 87 (7), so that these data cannot be changed by the registered office.

(6) Where a number of authorities are responsible for the registration of data in the respective register, those authorities shall, in case of doubt, take a consensual action on the accuracy of the data.

Correction of data from the registers

§ 22b. (1) Each registrant subject to registrant is responsible for the correctness and completeness of the own data to be registered in the registers by the person himself or himself registered by the registrant. Any personal data collected in the registers shall be corrected by the pledge in the register.

(2) A person who is subject to registration or is subject to a registration is aware of his own data, which is not properly recorded in the registers and which it is not able to change in the register itself, so that it has to communicate the correct data to the authority and the Authority has the right to put the data correctly.

Electronic attachment

§ 22c. (1) Where the registers are set up for the relevant sub-area, an application shall be made to the competent authority by means of the register, with the data in the authority area of the register to which the competent authority is responsible shall be forwarded. Authority has access to it than it has been introduced. § 13 AVG shall remain unaffected. Application to the authority for which no sub-area is set up may not be transmitted through the register.

(2) The respective identification numbers of the registers in accordance with § 22 (1) or, if applicable, the personal-price-related identification numbers published in a mapping table on the website edm.gv.at are electronically affixed in accordance with this federal law or the regulations issued pursuant to this Federal Act.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may make available to the Registers a private data area upstream of the registers for the purpose of processing the application prior to the introduction. Only the registered person or a person entitled to do so shall be authorized to access this private data area. "

35. In § 24, the following phrase shall be inserted at the end of paragraph 4 before the point:

"or at least three penalties within the meaning of (5) and are not yet satisfied"

36. In § 24, the following phrase shall be inserted before the point at the end of paragraph 5:

" or the authorization holder or a responsible person of the authorization holder at least three times because of a surrender of federal or state laws for the protection of the environment, such as in particular this federal law, the GewO 1994, the Water Rights Act 1959 (WRG 1959), BGBl. No 215, or the law repealed by this federal law, as long as the penalties have not yet been eraded; do not include infringements of the rules of form ';

37. The following paragraph 7 is added to § 24:

"(7) The authority referred to in paragraph 2 (6) shall be submitted to the provincial governor in accordance with paragraph 6 prior to the commencend of the activity."

38. The following sentence shall be added to section 25 (1):

"The application may be made in accordance with the Landeshauptmann via the register in accordance with section 22 (1)."

39. In § 25 (2), the following sentence shall be added to Z 7:

"The permission shall be submitted to the provincial governor in accordance with paragraph 9 before the commencend of the activity."

40. In § 25 (5) Z 2, the word "Punishments" by the word "Penalties" replaced.

(41) In § 25, the following sentence is added to paragraph 7:

" A holder of an equivalent permit referred to in paragraph 2 (7) shall prohibit the further conduct of the collection or treatment if the holder of the authorisation or a responsible person of the holder of the authorisation is at least three times because of a Transgressing of federal or state laws for the protection of the environment, such as, in particular, this federal law, the GewO 1994, the WRG 1959, or the legislation repealed by this federal law have been punished as long as the penalties have not yet been shall not be included; minor infringements shall not be included in the Formal rules. "

42. § 29 (4) Z 4 reads:

" 4.		the collection and recycling system promotes the prevention of waste by applying at least three per mille of the sum of the annual fees for the deprivation of waste prevention projects. In the case of a collection and recycling system for waste electrical and electronic equipment, the promotion shall also include the re-use of whole WEEE. "

42a. In § 29, the following subsections 4a and 4b are inserted after paragraph 4:

" (4a) The waste prevention projects referred to in paragraph 4 shall in particular:

1.		measures to prevent inputs and inputs affecting the waste quality of the product or any by-products thereof;
2.		measures leading to a reduction in production waste or packaging waste,
3.		measures that contribute to the prevention of waste by optimising logistics, or
4.		Measures to prevent waste through awareness-raising, training or the development of appropriate networks.
Measures which are not eligible for waste separation or recycling shall not be eligible, such as separating islands, collection containers, dismantling or processing of waste equipment, with the exception of collection and recycling systems for the purposes of the Electrical equipment sector, insofar as they are aimed at the re-use of equipment or components.

(4b) Sammel and recovery systems shall submit the list of funded projects together with a description to the Federal Minister for Agriculture, Forestry, Environment and Water Management. The overall list of funded projects and descriptions is to be published on the website of the Federal Ministry for Agriculture, Forestry, Environment and Water Management. A report on waste prevention projects should be included in the Federal Waste Management Plan. "

43. In accordance with § 29, the following § 29a and heading is inserted:

" Obligations relating to the termination of a collection and recovery system

§ 29a. Collection and recovery systems shall have the obligations assumed within the approved operating period and during the period of operation referred to in Article 29 (7), second sentence, even after the expiry of those periods themselves or by means of a entrusted to third parties. This includes:

1.		the obligation to remove and treat waste introduced into the collection facilities during the periods of collection and recovery referred to in the first sentence,
2.		Collection and treatment obligations arising out of sub-fulfilment of the obligations under the conditions laid down in a regulation in accordance with Article 14 (1) during the periods mentioned in the first sentence, and
3.		Reporting obligations of the collection and recovery system relating to the periods referred to in the first sentence. "

44. In § 37 (2) (5), the word order shall be " Air pollution control law for boiler plants, BGBl. No 380/1988, and ' by " Emissions Protection Act for Boiler Systems (EC), BGBl. I No 150/2004, replaced.

45. In § 37 (2), the point shall be replaced by a paint at the end of Z 6 and the following Z 7 shall be added:

" 7.		Installations which, in connection with water-law approved waste water management, are used to clean the waste water collected in the public sewerage system, if:
a)			only waste which is used in these plants shall be:
aa)				in the course of the operation of this sewer or in the subsequent waste water purification process,
bb)				in the case of the operation of another sewerage or in the subsequent waste water purification process, provided that comparable waste water is discharged and cleaned, e.g. waste from sewage treatment facilities, or
cc)				in their composition and in their properties, are comparable to municipal waste water, e.g. countersunk mine contents, and
b)			the use of this waste is authorised by water. "

46. § 37 (4) Z 6 reads:

" 6.		the waiver of the right to treat certain approved types of waste, or the restriction of authorised capacity; "

47. (constitutional provision) § 38 (1) reads:

" (1) ( Constitutional provision ) In the authorisation procedure and the notification procedure for treatment facilities subject to approval in accordance with § 37, all provisions shall apply, with the exception of the provisions relating to the party position, the authority responsible for the authority and the procedure, which shall apply in the the area of gas, electricity, national road, nature conservation and land-use law for authorisations, authorisations or subsaiings of the project shall be applied. With regard to these national provisions, the Authority shall decide in the same communication at its own point of view. The powers and tasks of the authorities to verify the execution of a treatment plant and the conformity with the approval certificate, the control, the production of the legal status, the security of the security, the subsequent Consensual adaptation and the introduction and implementation of measures in the case of erection, operation, modification and dismissal shall be carried out by the Governor of the State in accordance with the following provisions of this section. In matters of regional law, the Governor of the Land is the supreme organ of the State's enforcement as a member of the Land Government. "

48. In § 38, the following paragraph 1 is inserted after the first paragraph of paragraph 1:

" (1a) In the authorisation procedure and the notification procedure for treatment facilities subject to authorisation in accordance with Article 37, all provisions, with the exception of the provisions relating to the party status, the authority to be administered by the authorities and the procedure, are to be applied in the Area of commercial, water, forestry, mineral raw materials, radiation protection, aviation, shipping, air content, immission protection, piping, railroad, federal road, gas economic and intellectual property rights for permits, permits or subsaiings of the project. Approval or non-compliance shall replace the authorisations, authorisations or non-subsactions required by the above-mentioned federal regulations. The powers and tasks of the authorities to verify the execution of a treatment plant and the conformity with the approval certificate, the control, the production of the legal status, the security of the security, the subsequent Consensual adaptation and the introduction and implementation of measures in the case of erection, operation, modification and dismissal shall be carried out by the State Governor in accordance with the following provisions of this section. "

49. In § 38 (3), the reference " BGBl. No. 457/1995 by " BGBl. No. 450/1994 " replaced.

Section 38 (7) reads as follows:

"(7) The competent authority of the first instance for treatment facilities according to § 54 is the district administration authority."

51. In § 40, the following paragraph 3a is inserted after paragraph 3:

"(3a) Where necessary for the implementation of a cross-border IPPC procedure, the applicant shall, on request, submit translations of the documents submitted by the Authority to the language of the State concerned."

52. In § 43, the following paragraph 2a is inserted after the second paragraph of paragraph 2:

The deposition of POPs listed in Annex V, Part 2, of the EC POPs, up to the concentration limits specified in this Annex to the EC POPs V at a landfill site for hazardous waste may only be approved if sufficient demonstrated that the decontamination of the POP waste cannot be carried out and that the destruction or irreversible conversion of the content of persistent organic pollutants according to the state of the art is not to be carried out in accordance with environmental standards the authority to be preferred; the authority has the Federal Minister for Land-and Forestry, the environment and water management to send a copy of the final approval certificate in this respect. "

53. § 51 (3) reads:

" (3) If an advertisement is refunded in accordance with section 37 (4) and there are reasonable doubts as to whether the legal requirements for a display procedure are available, the Landeshauptmann has to issue an order for a notice pursuant to § 6 (6). The notification procedure shall be suspended until the final decision of the determination procedure has been passed. Furthermore, the notification procedure shall be suspended until the final decision of the determination procedure has been passed, if a notice of determination pursuant to § 6 (6) is requested during the notification procedure. "

54. § 58 (1) reads:

" (1) The Authority shall have the holder of a treatment facility which shall:

1.		is subject to approval pursuant to Section 37,
2.		in a redevelopment area according to Immission Protection Law-Air (IG-L), BGBl. I No 115/1997, and
3.		is affected by orders of a regulation in accordance with § 10 IG-L,
shall, in order to comply with these arrangements, submit a reorganisation concept for the treatment facility within a time-limit appropriate to the time required for this purpose. "

55. In § 58 (2) the word order is deleted in the first sentence "in the catalogue of measures" and in the second sentence, the phrase "the catalogue of measures" .

56. The title of § 60 reads:

"Recording and reporting obligations for activities in accordance with the EC-PRTR-V, incineration or co-incineration plants and IPPC treatment facilities"

Article 60 (1) reads as follows:

" (1) Anyone who is obliged under this federal law, the provisions to be applied or, on the basis of regulations or acts based thereon, shall take measurements to determine emissions from a treatment plant in which an activity is carried out in accordance with Annex 1 to 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 ('the EC-PRTR-V '), OJ L 327, 30.12.2006, p. No. 1., or from a incineration or co-incineration plant, shall keep records and the data referred to in the EC-PRTR-V or a Regulation in accordance with Section 65 on waste incineration in electronic form by means of the register in accordance with section 22 (1). Furthermore, according to the EC-PRTR-V, the notifiers shall record the data on waste in accordance with Articles 5 and 6 of the EC-PRTR-V and shall transmit them in electronic form by way of the register in accordance with section 22 (1) of the EC Treaty. "

58. In § 62 (3), the reference "§ § 37, 44 or 52" by reference "§ § 37, 44, 52 or 54" replaced.

59. The following sentence is added to Article 62 (6):

"This shall also apply to orders in accordance with § 51."

60. The following paragraph 7 is added to § 62:

Where, in the event of an interruption or suspension of the holding, the owner of the plant does not set the measures necessary to avoid the impairment of the public interest, the competent authority shall have the right to do so by the competent authority. . The communication shall be enforceable immediately. "

61. § 63 (4) reads:

" (4) Without prejudice to § 79, the Authority shall order the temporary prohibition of the introduction of waste or the closure of the landfill, if, despite repeated reminders, the legal consequences of this federal law are fulfilled. or a regulation in accordance with § 65 on landfill sites or conditions of the approval certificate or arrangements not being complied with. This shall also apply if an adequate guarantee is not provided. "

62. § 66 (1) reads:

" (1) For cross-border shipments of waste, the Community waste legislation, in particular the EC Shipments V (Regulation (EC) No 1013/2006 on shipments of waste), OJ L 327, 22.12.2006, p. No. OJ L 190 of 12.07.2006 p.1).

62a. In § 66 (2), the reference " Art. 37 EC Movement V " by reference " Art. 54 of the EC Shipments ' replaced.

63. § 66 (3) is deleted.

63a. The second sentence is deleted in Section 67 (2).

§ 68 reads as follows:

" § 68. (1) The notification shall be made by means of the notification form as set out in Annex IA and the accompanying form as set out in Annex IB to the EC Shipments. The notifier shall submit:

1.		a technical description of the plant and the treatment of residual waste;
2.		the contract for the environmentally sound treatment of the waste in German or English and, in the case of the shipment to a third country within the meaning of the EC movement, the permits of the disposal or recovery facility;
3.		an analysis/description of the physical and chemical properties of the waste;
4.		a guarantee (in particular a bank guarantee or a bank guarantee) or an insurance pursuant to Article 6 of the EC Movement V on export from Austria to the original, the import or transit in the original or a copy;
5.		the proof of sufficient liability insurance for the means of transport used in the case of the transport of dangerous goods; and
6.		in the case of alternative treatment of POP waste in accordance with Article 16 (4), last sentence in conjunction with Annex V, Part 2 of the EC-POP-V, the proof in accordance with Art. 7 (4) (b) (i) of the EC-POP-V that this treatment is the environmental to be preferred.
The notification shall be the subject of the necessary copies for the competent authorities.

(2) The notification and accompanying form and other documents and documents transmitted by the notifier shall be in German or in English. If the original documents are not available in German or English, certified translations shall be transmitted. "

65. § 69 (2) reads:

" (2) The following time limits shall apply to the case referred to in paragraph 1:

1.		Modesty for shipments within the European Community shall be issued within 30 days of the date of dispatch of the acknowledgement of receipt (pursuant to Article 8 of the EC Shipments). No communication shall be issued for shipments within the Community with transit through Austria, unless objections are raised or imposed on Articles 11 or 12 of the EC Shipments.
2.		Modesty for shipments within the Community with transit through third countries shall be issued within 30 days of the date of dispatch of the acknowledgement.
3.		A modest amount for imports from third countries to Austria shall be issued within 30 days of the date of dispatch of the acknowledgement.
4.		A modest amount for the export of waste destined for recovery in third countries from Austria shall be issued within 30 days of the dispatch of the acknowledgement of receipt.
5.		A modest amount for the export of waste destined for disposal in third countries from Austria and for the export of waste destined for recovery to third countries, for which the OECD Decision (Art. 2 Z 17 of the EC Movement V), with transit through a State for which the OECD Decision does not apply, Austria shall be issued at the earliest 61 days after the date of dispatch of the acknowledgement of receipt. The notification may also be issued earlier if the written consent of the other competent authorities concerned has been received.
6.		Notification of shipments of waste destined for disposal or recovery outside the Community, with transit through Austria, shall be adopted within the following time limits after the receipt of the acknowledgement of receipt:
a)			modesty for shipments of waste destined for disposal within 60 days;
b)			Modesty for shipments of waste destined for recovery
aa)				by States to which the OECD Decision applies, to those States within 30 days,
bb)				from or to States for which the OECD Decision does not apply within 60 days. "

66. § 69 (4) to (6) reads:

" (4) In any case, the following conditions must be met for the authorization of the import:

1.		The proper handling of the waste concerned, including the proper provisional recovery (Art. 2 Z 7 of the EC Movement V) or disposal (Art. 2 Z 5 of the EC Movement V), in approved installations of persons authorised to do so and the proper handling of the waste arising in this case appears secured.
2.		The facilities have a sufficient capacity.

(5) The shipment shall be refused if the notifier or the consignee has been punished at least twice for an illegal shipment of waste within the meaning of the EC movement and the penalties have not yet been eraded.

(6) For the approval of a shipment of POP waste to alternative treatment procedures in accordance with § 16 (4), last sentence in conjunction with Annex V, Part 2 of the EC-POP-V, proof in accordance with Art. 7 (4) (b) (i) of the EC-POP-V has the effect that it Treatment which is preferable to environmental considerations. "

67. In § 69, the following paragraphs 8 and 9 are added:

" (8) Before issuing an import permit for waste, the national main men of the federal states in which the waste is to be treated shall be heard.

(9) A revocation pursuant to Article 9 (8) of the EC Shipments shall be notified to the notifier, to the consignee, to the other competent authorities concerned, to the national main men concerned and to the customs authorities. "

68. The title of § 70 reads:

"Release of the security, transport and customs declaration documents"

(69) § 70 (1) and (2) reads:

" (1) In the event of a shipment for interim recovery or disposal, the security shall be released only in compliance with the following conditions:

1.		The waste has left the provisional facility.
2.		The Federal Minister for Agriculture, Forestry, the Environment and Water Management has received the certificate in accordance with Article 15 (d) of the EC Shipments.
3.		Any subsequent shipment to a treatment facility will be covered by a corresponding security performance.

(2) In the case of a shipment of waste subject to notification, a copy of the notification form and the accompanying form (section 68 (1)), the required authorization pursuant to section 69 and the other necessary authorisations of the waste shall be the subject of the following: foreign authorities. "

70. In § 70 (3) the word order shall be "Bewilligations and notification of notification" through the phrase "Permits, notification and accompanying forms" replaced.

71. § 71 reads:

" § 71. (1) If the repatriation subject to his obligation pursuant to Art. 22 or 24 of the EC Shipments V does not comply in a timely manner, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall order the necessary measures and oppose it. To have the costs reimbured immediately. In such a case, the advance payment of the estimated costs may be applied unless a security in accordance with Article 6 of the EC Shipment V provides an appropriate amount for cost recovery. Legal remedies against a prepayment order do not have suspensive effect.

(2) If there is a re-importation obligation of waste pursuant to Art. 22 or 24 of the EC Shipments V, the obligation to pay pursuant to Section 69 (1) shall not be required. "

72. § 72 reads:

" § 72. The Federal Minister for Agriculture, Forestry, the Environment and Water Management is authorized to do so by Regulation

1.		to determine which of the waste listed in Annex III to the EC Shipments V is monitored on the basis of one of the hazardous properties listed in Annex III to Directive 91 /689/EEC and the waste listed in Annex IV to the EC Shipments V ,
2.		detailed rules on the nature and form of notifications in accordance with the EC Treaty and the form of transfers and organisational arrangements for the exchange of data pursuant to Article 26 (4) of the EC Treaty and on the nature and form of the data exchange to provide the information in accordance with § 70,
3.		to determine that the person who causes a shipment which is not subject to notification, the information which is to be carried out pursuant to Article 18 (1) of the EC Shipments V, the Federal Minister for Agriculture, Forestry, the Environment and Water Management in accordance with Article 18 (3) of the EC Treaty, and to lay down detailed rules on the nature and form of notifications and the form of such transfers. "

73. § 73 (1) reads:

" (1)

1.		Waste is not collected, stored, transported, transported, transported, transported or treated in accordance with the provisions of this Federal Law, Regulations adopted pursuant to this Federal Act, or by the EC-Movement V or by the EC-POP-V, or
2.		the unsafe treatment of waste is required in order to avoid adverse effects on public interests (Article 1 (3)),
, the Authority shall take the necessary measures to inform the pledge or to prohibit the unlawful action. "

74. In Article 75 (1), the following sentence shall be inserted after the second sentence:

"In the context of the review, the respective competent authority shall examine the completeness and accuracy of the master data of the waste owners in the register in accordance with § 22 (1) Z 1 and the location-related data in the register pursuant to § 22 (1) Z 2."

75. The following sentence shall be added to section 75 (2):

" Furthermore, the Federal Minister for Agriculture, Forestry, Environment and Water Management is entitled to control activities in connection with procedures in which the Federal Minister for Agriculture, Forestry, the Environment and Water Management in First Instance decides, and in connection with the reports to be submitted to the Federal Minister for Agriculture, Forestry, Environment and Water Management. "

Section 78 (1) reads as follows:

" (1) The Authority shall, at the request of the holder of an authorisation in accordance with § 24 or § 25 or the holder of the plant, be informed of the types of waste referred to in Appendix 2 of the Waste Directory Regulation, BGBl. II No 570/2003 in the BGBl version. II No 89/2005, the waste types correspond to the designations or descriptions contained in the authorisation to collect or treat waste or in the plant authorisation; party position has the holder of the entitlement or the plant. "

(77) The following paragraphs 10 to 13 are added to § 78:

" (10) If an acknowledgement of receipt has been issued before 12 July 2007, the provisions of the AWG 2002, BGBl, shall be based on the pending notification procedure and the relevant transboundary movements in this regard. I n ° 102, in the version of the Federal Law BGBl. I No 34/2006. In addition, the provisions of the AWG 2002, BGBl, are to be carried out on cross-border shipments carried out before 12 July 2007. I n ° 102, in the version of the Federal Law BGBl. I No 34/2006.

(11) If a registrant has a fax number and this is not yet specified in the register in accordance with Section 22 (1) Z 1, waste collectors and handlers recorded in the register shall have their fax number at the next message or To transfer the master data to the register.

(12) Waste collectors and handlers who have an equivalent authorization pursuant to Section 24 (2) Z 6 or Section 25 (2) Z 7 and who are active in Austria on 12 July 2007 shall have no later than 31. The Commission shall submit its authorisation to the Governor of the State and send it to the Register a domestic commercial address which is relevant for service.

(13) The references to Directive 75 /442/EEC on waste are referred to as references to Directive 2006 /12/EC on waste, OJ L 206, 22.7.2006, p. No. 9., and are to be read in accordance with the correlation table in Annex IV to Directive 2006 /12/EC. "

78. § 79 (1) Z 5 reads:

" 5.		wastes not covered by Article 7 of the EC-POP-V or contrary to Article 16 (4) of the EC Treaty, "

79. § 79 (1) Z 7 and 8 reads as follows:

" 7.		the activity of a collector or a practitioner for hazardous waste, without being in possession of the permission required pursuant to § 25 (1), or in breach of § 25 (7) or § 26 (5), does not cease to be the activity,
8.		operate a collection and recovery system without authorisation in accordance with § 29, or the obligations laid down in § 32 (1) to (3) or in a regulation pursuant to § 36 (1) and (2), with the exception of the publication of a list of participants, or the duties in accordance with § 29a, "

80. In § 79 (1), the following phrase shall be added to Z 11a:

"or the activity of an authorized subject or specialist institution, without complying with the requirements of § 2 (6) (6) (6) (6)"

81. In § 79 (1) the following Z 15a shall be inserted after Z 15:

" 15a.		a shipment of waste which is not in accordance with Article 69 (7) or with Articles 34, 36, 39, 40, 41 or 43 of the EC Movement V, "

82. In § 79 (1) Z 17, the reference "§ 62 para. 2, 2a, 2b, 3 or 6" by reference "§ 62 para. 2, 2a, 2b, 3, 6 or 7" replaced.

83. In § 79 (2) the following Z 5a is inserted after Z 5:

" 5a.		in order to render data of the respective register unusable by the authorities in accordance with section 22, falsifying the data by registering incorrect data or deleting data, "

Section 79 (2) Z 18 to 23 reads as follows:

" 18.		Contrary to § 69 wastes without the necessary authorization or without the other necessary consents in accordance with the EC movement of movement or contrary to Article 22 (4) of the EC Movement V, or does not comply with conditions in the foes pursuant to § 69,
19.		a shipment of waste which does not comply with the notification or accompanying form or the authorization referred to in Article 69;
20.		, contrary to Article 6 of the EC Shipments, a shipment of waste is carried out without the necessary security or sufficient liability insurance for the means of transport used has been demonstrated to have,
21.		No orders or orders pursuant to § 73, § 74, § 82 (4) or § 83 (3) are not followed,
22.		, contrary to the provisions of the Regulation referred to in Article 72 (1) (1), waste without the necessary authorization,
23.		contrary to Article 22 or 24 of the EC movement, the obligation to return is not complied with, "

§ 79 (3) Z 1 reads as follows:

" 1.		contrary to § 5 para. 4 or 5, § 7 para. 1 or 7, § 13, § 13a para. 3, 4 or 4a, § 15 para. 6, § 16 para. 2 Z 5, § 17 para. 1, 3, 4 or 5, § 18 para. 3, 4 or 5, § 20, § 21, § 22 para. 6, § 22a, § 22b, § 22c, § 24 para. 7, § 25 para. 2 Z 2 or 7, § 29 para. 8, § § § § 61 (2) or (3), § § 61 (2) or (3), § 64 or § 77 (5) or (6), § 78 (7) or (12) or contrary to a regulation pursuant to § 4, § § 14 (1) in conjunction with Section 2 (2) Z 9, § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 1 in conjunction with Section 2 Z 9, § 14 (2b), section 23 (1) (5), (2) or (3), Article 36 (4) or (4) or § 65 (1) (4), or contrary to the EC-PRTR-V, the recording, storage, presentation or reporting, information or reporting period, or Non-disclosure requirements or registration, participation, participation or rectification duties shall not be complied with, "

86. In § 79 (3), the Z 8 and 8a are replaced by the following Z 8:

" 8.		Contrary to § 19, does not carry the necessary documents or does not transmit the data to the register before the start of transport, or does not present it to the register, "

87. § 79 (3) Z 13 to 16 reads:

" 13.		contrary to Article 18 of the EC Treaty, does not provide, communicate or transmit the necessary information,
14.		is in breach of the provisions of a regulation pursuant to § 72 Z 2 or 3,
15.		Contrary to Article 70 (2), the copy of the notification form or the accompanying document, or the required authorization, does not accompany or present the copy,
16.		contrary to Article 15 (c), (d) and (e), (16) (b), (d) and (e), 35 (3) (c), (38) (3) (b) and (42) (3) (c) of the EC Movement V, the recording, verification or reporting obligations do not comply, "

88. In § 79, the following is inserted after paragraph 5 of the following paragraph 5a:

"(5a) Any non-hazardous waste that is incurred in private households, contrary to § 15 or § 16, shall be subject to an administrative surrender punishable by a fine of up to 180 euros."

Article 80 (1) reads as follows:

" (1) In the cases of § 79 paragraph 1 Z 1 in connection with § 15 para. 3 last sentence, § 79 paragraph 1 Z 7, § 79 para. 1 Z 15a, § 79 para. 2 Z 3 in conjunction with § 15 para. 3 last sentence and § 79 para. 2 Z 18, 19, 20 or 22, the attempt is punishable. Furthermore, in the cases of § 79 (1) (1) (15a), § 79 (2) (2) (18), (19) or (22), the seat or principal place of business of the company shall be deemed to be the crime scene; provided that there is no registered office or principal place of business within the territory of the country, the branch shall be deemed to have been of the undertaking; in the case of a number of branches, the earliest branch; where there is no establishment in the territory of the country, the place of holding; provided that no maintenance is carried out at the local level of this Federal Law, the place of the border crossing. "

(90) The following paragraph 7 is added to § 80:

" (7) Competent authority for the implementation of a criminal procedure within the meaning of section 79 (2) (5a) or in the event of a surrender of the registration obligation, including the obligation to register data in the registers, in the sense of § 79 (3) (1) (1) (1) (1) is the administrative judicial authority in the course of which the undertaking has its principal place of business or its registered office; in so far as there is no registered office or principal place of business of the undertaking in the country, the branch of the undertaking; in the case of the earliest branch of several branches, provided that no In the case of a branch office in Germany, the Administrative Authority with seat in Vienna shall be responsible. "

91. In § 82 (1), the reference "§ 79 (2) Z 15 and § 79 (3) Z 6 and 8" by reference "§ 79 (2) (15), section 79 (2) (2) (18) with regard to the copies of the authorization pursuant to § 69, the notification form and the consignment note form, and section 79 (3) Z 6, 8, 13 and 15" replaced.

92. The following paragraphs 3 to 5 are added in § 82:

" (3) The bodies of the public security service are authorized to fix and to raise a provisional security in the amount of at least € 360 up to a maximum of EUR 2 180 in accordance with § § 37 and 37a VStG. The institutions of the public security service are authorized, in the event of minor infringements of formal requirements, in particular in the case of missing information pursuant to Art. 18 of the EC Shipment V, with an organ application in accordance with § 50 VStG up to 120 Euro to be raised.

(4) The public authorities have concerns that a shipment of waste will be carried out without the necessary authorisation in accordance with § 69 (1) or without the other necessary consents in accordance with the EC Shipments, to arrange for the interruption of the transport operation and, if necessary, to arrange for a measure to be taken pursuant to paragraph 5. As long as the arrangement of the interruption is maintained, the means of transport shall be put into service only after the institution of the public security service has been arranged. The order shall be repealed if the required documents are in accordance with this Federal Act and in accordance with the EC Treaty for the continuation of the shipment or repatriation in accordance with Article 24 of the EC Shipments of the Community institutions security service shall be submitted.

(5) In the case of an imminent infringement of the order of interruption in accordance with paragraph 4, the institutions of the Public Security Service shall be entitled to continue the carriage of waste by appropriate coercive measures, such as acceptance of the keys of the Means of preventing the use of the means of transport, stopping the use of technical barriers or putting them off at a suitable location. The coercive measures shall be lifted if the reason for their arrangement has fallen away. "

93. In § 83 (1) (2), the word shall be "Notification accompanimine" through the phrase "Notification and accompanying forms" replaced.

94. In Section 83, the terms of paragraph 1 (3) and (2) shall be followed by the phrase "Information in accordance with Art. 11" through the phrase "Information pursuant to Art. 18" replaced.

95. In § 83 (2) the amount shall be "1 450 Euro" by the amount "2 180 Euro" replaced.

96. In § 83 (3), the reference " Art. 26 " by reference " Art. 24 " replaced.

97. § 87 (1) reads:

" (1) The clients of the registers in accordance with Section 22 (1) and the respective competent authorities shall be allowed to carry out the plausibility check of reports and records for the purpose of waste management planning, the feasibility of the individual waste streams, and the performance of reporting and reporting obligations, process the data of the registers in accordance with § 22. To the extent that it is necessary for the performance of tasks, in this case, in particular for the plausibility check of messages or their parts, all data of the messages may also be accessed in an overlapping way. The contracting entities shall be allowed to communicate to the authorities the provisions relating to the protection of persons and the environment, which shall transmit the data of the registers referred to in Article 22 (1) for the purposes referred to in the first sentence. "

Section 87 (6) reads as follows:

"(6) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is entitled to match the master data of the registers in accordance with Section 22 (1) for the purpose of the plausibility check with the corresponding data of Statistics Austria."

99. In § 87 (7), first sentence, the word "waste management" .

100. The following paragraph 8 is added to Article 87:

" (8) The transfer of data to the registers in accordance with § 22 (1) from other registers or from electronic workflow systems of the authorities and the transmission of data into electronic workflow systems of the authorities may be carried out by the establishment of Interfaces. "

101. In accordance with § 87, the following § 87a with headline is inserted:

" Query fair for the registers pursuant to § 22 (1)

§ 87a. (1) In the Register pursuant to Section 22 (1) (1) (1), all persons accessing the name and address (e.g. registered office) and addresses of the locations of the waste owners, including the four-digit industry code, shall be entitled to the extent of the authority of the waste collectors and -treatment, name, address (e.g. seat) and areas of investigation of authorized professionals and specialist institutions, and emission limit values of incineration and co-incineration plants, including those belonging to the relevant information. Identification numbers. Access to the waste acceptance criteria of the landfills shall be granted to the authorized persons or specialist institutions registered in the register. In the scope of its competence, the authorities which exercise this federal law shall be granted access to all the data of the registers in order to carry out their duties.

2. The customs authorities may, for the purpose of carrying out their duties, access data from the registers for the purposes of enforcing the Waste Disposal Act within the limits of their responsibility.

(3) The customs authorities may, for the purpose of carrying out their duties within the limits of their competence, insofar as this is necessary for the enforcement of this Federal Act and the Regulations and the Regulations of the EC, on the data of the registers .

(4) The Federal Police may, for the purpose of carrying out their tasks within the limits of their competence, insofar as this is necessary for the enforcement of this Federal Act and the Regulations and the EC Shipments of the EC, on the data of the registers .

(5) The Federal Environment Agency shall evaluate the data of the registers for the purpose of monitoring and collecting the development of the environment and of environmental pollution. "

102. In § 89 Z 4, the lit. h replaces the line point with a point and lit. i is deleted.

103. (Constitutional provision) The following paragraph 17 is added to § 91:

" (17) ( Constitutional provision ) Section 38 (1) in the version of the Federal Law BGBl. I n ° 43/2007 enters into force with 12 July 2007. "

104. The following paragraphs 18 to 20 shall be added to Article 91:

" (18) The table of contents, § 3 (1), § 6 (1), § 13a (3) to (4a), § 16 (4), § 18 (2), (5) and (6), § 19 (1), § 20 (1), (3), (4) and (6), the title of § 21, § 21 (1), (2b) to (2d), (3) and (5), § 22 (1) to (5), § § 22a to 22c, Transcripts, § 24 (4), (5) and (7), § 25 (1), (2), (5) and (7), § 29 (4) to (4b), § 29a and the heading, § 37 (2) and (4), § 38 (1a), (3) and (7), § 40 (3a), § 43 (2a), § 51 (3), § 58 (1) and (2), the title of § 60, § 60 (1), § 62 Paragraph 3, 6 and 7, § 63 (4), § 66 (1) and (2), § 67 (2), § 68, § 69 (2), 4 to 6, 8 and 9, the title of § 70, § 70 (1) to (3), § 71, § 72, § 73 (1), § 75 (1) and (2), § 78 (1) and (10). up to 13, § 79 (1) to (3) and (5a), § 80 (1) and (7), section 82 (1) and (3) to (5), § 83 (1) to (3), § 87 (1) and (6) to (8), § 87a and the title and § 89 Z 4 in the version of the Federal Law BGBl (Federal Law). I No 43/2007 will enter into force on 12 July 2007. At the same time, Section 20 (5), Section 21 (2a), Section 66 (3), in the version in force at this point in time, is repeal.

(19) § 21 (6) in the version of the Federal Law BGBl. I n ° 43/2007 will take place at 1. October 2007, in force.

(20) § 2 (8) and § 17 (1) in the version of the Federal Law BGBl. I n ° 43/2007 will be 1. Jänner 2008 in force. "

Fischer

Gusenbauer