214. Regulation of the Federal Minister of Transport, Innovation and Technology, amending the Regulation of the Federal Minister of Science and Transport on the Carriage of Dangerous Goods

On the basis of § § 2, 11, 14, 24b and 24c of the Dangerous Goods Transport Act, BGBl. I No 145/1998, as amended by the BGBl version. I No 61/2003 shall be assigned:

The Regulation of the Federal Minister of Science and Transport on the Carriage of Dangerous Goods (GGBV), BGBl. II No 303/1999 shall be amended as follows:

1. The table of contents is:

" TOC
Section 1	Training of Dangerous Goods Officers
§ 1	Sachterritories, Organization
§ 2	Recognition of training organisers
§ 3	Qualifications of the organiser
§ 4	Duration of training
§ 5	Qualifications of teaching staff
§ 6	Teaching aids
§ 7	Number of participants
§ 8	Language
§ 9	Implementation of training, controls
§ 10	Issuance or extension of the proof of the training of dangerous goods
§ 11	Examinations after initial training
§ 12	Conduct of the audit
§ 13	Examinations after the training course
§ 14	Support measures for employers/employers
Section 2	Training of dangerous goods vehicles
§ 15	Recognition of courses
§ 16	Qualifications of the organiser
§ 17	Duration of courses
§ 18	Qualifications of teaching staff
§ 19	Teaching aids
§ 20	Number of participants
Section 21	Language
Section 22	Implementation of training courses, controls
Section 23	Issue or extension of the certificate of handling of dangerous goods
Section 23a	Examinations after initial training
§ 23b	Testing after refresher training
§ 24	Support measures for employers/employers
Section 3	Training in the transport of dangerous goods by road and by rail of other persons involved
Section 25	Transport on the road
Section 26	Rail transport
Section 4	Training of persons involved in the transport of dangerous goods by sea
§ 27	Validity, Organization
§ 28	Recognition of training organisers
§ 29	Qualifications of the organiser
§ 30	Duration of training
Section 31	Qualifications of teaching staff
Section 32	Teaching aids
§ 33	Number of participants
Section 34	Implementation of training, controls
§ 35	Exhibition of the certificate and extension of its period of validity
§ 36	Checks
Section 37	Conduct of the audit
Section 5	Training of persons involved in the transport of dangerous goods in the framework of civil aviation
§ 38	Validity, Organization
§ 39	Recognition of training organisers
§ 40	Qualifications of the organiser
Section 41	Duration of training
§ 42	Qualifications of teaching staff
Section 43	Teaching aids
Section 44	Number of participants
§ 45	Implementation of training, controls
Section 46	Exhibition of the certificate and extension of its period of validity
§ 47	Checks
§ 48	Conduct of the audit
6.	Other provisions
§ 49	Notification of notification in accordance with Article 12 of Directive 98 /34/EC
§ 50	In-Force Trees "

2. 2 (2) Z 4 is deleted. The names of Z 5 and 6 shall be given the name "4" and "5" .

3. § 2 (3) Z 3 reads:

" 3.		Information on the training of the reporting in accordance with § 11 paragraph 8 GGBG, "

4. § 2 (4) reads:

' (4) The organiser shall immediately inform the Governor of the Land who has issued the notification of recognition of any change in the information provided for in the notice of recognition of the recognition referred to in paragraph 2. The following amendments require the release of a decision on the amendment of the recognition in accordance with § 11 para. 7 GGBG:

1.		Change of the name of the organizer,
2.		the change in the scope of recognition;
3.		Use of teachers who have not yet received a valid other recognition certificate in accordance with Section 11 (7) of the GGBG (GGBG) for a specific subject area, and
4.		Changes in the names of persons entitled to sign. "

5. § 4 (2) reads:

" (2) Initial training programmes for initial training

1.		on one of the paragraphs of section 11 (3) of limited exams, or
2.		Holders of valid Dangerous Goods Steering certificates or
3.		Multi-year-old in a function comparable to the Dangerous Goods Officer in companies according to § 11 para. 1 GGBG Tätige or
4.		Experts in accordance with § 26 GGBG or
5.		Holders of certificates of relevant training by means of distance learning or e-learning
may be based on up to one-half of the time rates which have been shortened in each case. "

6. § 4 is added to the following paragraph 4:

"(4) A day of teaching shall not exceed 8 hours of theoretical instruction, and only the period between 8 a.m. and 10 p.m."

7. § 6 reads:

" § 6. The documents which must be attached to the applications for recognition shall contain, in particular for the following teaching aids, information on their availability, suitability and timeliness:

1.		the material of the rules;
2.		written training assistants, such as scripts and specialist brochures,
3.		Accompanying documents and
4.		Audio-visual training, such as educational software, photographs or films. "

8. § 9 (5) second sentence reads:

" If the recognition has been granted, the lists shall be the head of the Land without a request for control purposes and for the issue of duplicates of the evidence, the copies of which shall be the subject of the Federal Minister for Transport, Innovation and Technology to be ready to send. "

9. § 9 (7) the following sentences are added:

" The provincial governor can have the correction of defects. Its arrangements shall be in conformity without delay. Recognition shall be revoked in whole or in respect of individual training courses, if the recognised training organiser

1.		is no longer trustworthy, or
2.		no longer have qualified teaching staff, or
3.		no longer fulfils the relevant provisions of this Regulation with regard to its training facilities and teaching materials, or
4.		does not comply with the provisions of the recognition decision; or
5.		allows audits not to be carried out in accordance with the provisions of the GGBG and this Regulation. "

10. § 10 para. 2 Z 2 reads:

" 2.		successfully filed the examination in person and without external assistance, using the text of the GGBG and the regulations in accordance with § 2 GGBG. Authorized additional tools are calculators as well as documents according to § 6 Z 2. "

11. § 11 (4) and (5) are:

" (4) The examination shall be in writing. It shall be supplemented by oral questions in the case referred to in paragraph 6 (2). The audit shall include:

1.		at least 20 questions with a direct answer for the general and a special part, the maximum attainable score being a total of 100 points and the total duration of the test being 120 minutes, and
2.		at least 10 questions with a direct answer for each other special part, the achievable maximum number of points for each additional specific part being 60 points and the duration of the test for each additional specific part being 90 minutes.

(5) In the context of the examination referred to in paragraph 4, each participant shall also be responsible for handling at least one case example for each special part relating to a topic relating to the tasks of the Dangerous Goods Officer in accordance with Section 11 (2) (2) (1) to (3) and (3) of the GGBG. As a result, the achievable maximum number of points increases by 20 points for each special part. "

12. § 11 (7), first sentence reads:

" (7) The Federal Minister for Transport, Innovation and Technology has a list of audit experts who may be included in the list of persons from the following groups: "

13. In Section 11 (8) (1) (1) and (12) (1), the word order shall be "Federal Minister for Science and Transport" through the phrase "Federal Minister for Transport, Innovation and Technology" replaced.

14. § 11 para. 8 Z 4 reads:

" 4.		Staff of the training organiser, where the participants were trained, is not to be sent. In addition, the sending of the prospective examination experts shall not be sent if, after the notification and in good time before the posting, circumstances are made which give rise to doubts as to its undue inconvenience. If the posting of another examination expert is not possible for the particular examination, the examination must be carried out at a new date in accordance with § 12. "

15. § 12 (1) Z 1 reads:

" 1.		at least two weeks before the scheduled date, type, place and time of the examination, as well as an up-to-date list of its teaching staff and "

16. § 12 (1) the following sentences are added:

" The training organiser may also carry out the examination, provided that a total number of 25 participants is not exceeded, in addition to the participants of other organisers ' training participants. In such a case, he shall also inform the extent to which obligations pursuant to paragraph 2 shall be exercised by the other organiser (s). "

Section 12 (3) reads as follows:

" (3) The Federal Minister for Transport, innovation and technology has

1.		to draw up the requirements of § 11 for the written examination, in which case the questions shall be provided with their points value and to be supplemented by the necessary case studies,
2.		select an examiner from the list in accordance with § 11 (7) for the posting, and
3.		to prepare for each participant the preparation of a training certificate in accordance with § 11 paragraph 5 GGBG and to make available to the training organiser. "

18. A new Z 7 shall be inserted in Section 12 (5). Z 5 to 7 are:

" 5.		to assess the performance of the participants in accordance with Section 11 (6),
6.		determine, where appropriate, a minimum period of between two and four weeks for the resignation in accordance with Article 10 (3); and
7.		Training evidence to be corrected or not to be issued to the Federal Minister for Transport, innovation and technology "

Article 12 (6) reads as follows:

" (6) The costs in accordance with paragraph 2 Z 3 include a remuneration, which is to be paid to the examination expert for time failure, effort and wastage of the effort. This is

1.	Each test ........................................................................		150 Euro
	and
2.	in addition to each participant and examination
	(a) for the general part and a special part...		10 Euro,
	(b) for the general part and two special parts...		15 Euro,
	(c) for the general part and three special parts...		20 Euro,
	(d) for a specific part ..............................................		5 Euro
	and
	(e) for two specific parts ........................................................		10 euros.

For examinations held on Saturdays, Sundays or public holidays, the amounts in Z 1 and 2 increase by 50% in each case. "

Article 13 (2) reads as follows:

" (2) The provisions of § § 11 and 12 shall apply to the examinations referred to in paragraph 1 and to the performance of the tests. However,

1.		by way of derogation from Article 11 (4) (1) and (2), provision should be made for a maximum number of maximum points and duration of the examination, which shall be reduced to one half, and shall be based on the choice and number of questions;
2.		by way of derogation from Section 11 (5), no case study and
3.		by way of derogation from § 12 (6), remuneration must be paid in the amount of 80% of the amounts listed in Section 12 (6) (1) and (2).

21. § 15 para. 2 Z 4 is deleted. The names of Z 5 and 6 shall be given the name "4" and "5" .

22. § 15 (3) Z 3 reads:

" 3.		Conduct of the personal practical exercises, in particular the extinguishing exercises with the fire extinguisher, "

23. § 15 (4) reads:

' (4) The organiser shall immediately inform the Governor of the Land who has issued the notification of the recognition of the courses, of any change in relation to the claim of the information contained in paragraph 2 of the recognition certificate. The following amendments require the release of a decision on the amendment of the recognition in accordance with § 14 para. 3 GGBG:

1.		Change of the name of the organizer,
2.		the change in the scope of recognition;
3.		Use of teachers who have not yet received a valid other recognition certificate in accordance with Section 14 (3) of the GGBG (GGBG) for a specific subject area, and
4.		Changes in the names of persons entitled to sign. "

Section 17 (1) Z 2 reads as follows:

" 2.		Refresher training ..................................................							2 days,
		of which 8 UE theory for the basic course, 2 UE practical exercises as well as a number of UE theory corresponding to the respective refresher requirements for the build-up courses Tanks, Class 1 and Class 7. "

Section 17 is added to the following paragraph 5:

"(5) A day of teaching shall not exceed 8 hours of theoretical instruction, and only the period between 8 a.m. and 10 p.m."

26. § 19 reads:

" § 19. The documents which must be attached to the applications for recognition shall contain, in particular for the following teaching aids, information on their availability, suitability and timeliness:

1.		the material of the rules;
2.		written training assistants, such as scripts and specialist brochures,
3.		accompanying documents;
4.		Fire extinguishers and other equipment required in the event of incidents; and
5.		Audio-visual training, such as educational software, photographs or films. "

27. § 22 (5) reads:

" (5) The organiser shall keep the directories in accordance with paragraph 4 for at least seven years and, in so far as this is provided for in § 14 GGBG, to submit without a request in the prescribed manner, otherwise to be provided on request. If recognition is granted, the lists shall be sent to the Governor of the State without a request for the purpose of filing for inspection purposes and for issuing duplicates of the certificates referred to in Article 23. "

28. § 22 (7) the following sentences are added:

" The provincial governor can have the correction of defects. Its arrangements shall be in conformity without delay. The recognition shall be revoked in whole or in respect of individual courses, if the recognised course organiser

1.		is no longer trustworthy, or
2.		no longer have qualified teaching staff, or
3.		no longer fulfils the relevant provisions of this Regulation with regard to its training facilities and teaching materials, or
4.		does not comply with the provisions of the recognition decision; or
5.		allows audits not to be carried out in accordance with the provisions of the GGBG and this Regulation. "

29. According to § 23, the following § § 23a and 23b shall be inserted together with the headings:

" Examinations after initial training

§ 23a. (1) After the completion of the initial training, the teaching staff of the training organiser shall carry out an examination in accordance with the provisions set out in § 2 Z 1 GGBG.

(2) The examination shall be in writing. It shall be supplemented by oral questions in the case referred to in paragraph 3 (2). It includes:

1.		for the basic course 25 questions, where the achievable maximum number of points is 100 points and the duration of the test is 50 minutes, and
2.		15 questions for each advanced course, with the achievable maximum score of 60 points and the duration of the test being 30 minutes.

(3) The examination shall be valid for the basic course and for each advanced course as passed if the participant in each case

1.		at least 80% of the maximum number of points, or
2.		at least 60% of the maximum number of points and, by answering the following oral questions, in which, in particular, the questions answered in writing are to be deepened, a knowledge level corresponding to Z 1 can be found.

Testing after refresher training

§ 23b. Once the refresher training has been completed, an examination must be carried out in accordance with the procedure laid down in Article 23a with the proviso that a maximum number of points which is reduced to half the number of questions shall be taken as a basis for the selection and number of questions. "

30. The 3. Section is:

" 3. Section

Training in the transport of dangerous goods by road and by rail of other persons involved

Transport on the road

§ 25. If a training prescribed in accordance with § 2 Z 1 GGBG is not covered by the preceding sections of this Regulation and it is not carried out or supervised by the Dangerous Goods Officer according to § 11 GGBG, has the following: to be carried out by teaching staff whose qualifications correspond to those of § § 5 or 18.

Rail transport

§ 26. If a training prescribed in accordance with § 2 (2) GGBG (GGBG) does not fall under the 1. Section of this Regulation and shall not be carried out or supervised by the Dangerous Goods Officer in accordance with § 11 GGBG, it shall be carried out by teaching staff whose qualifications correspond to those of § 5. "

31. The previous " 4. Section " is given the name " 6. Section " , and it will be after the 3. Section of the following new sections 4. and 5. inserted:

" 4. Section

Training of persons involved in the transport of dangerous goods by sea

Validity, Organization

§ 27. (1) This section shall apply to the training prescribed in the provisions under § 2 Z 4 GGBG.

(2) The training shall include initial training and retraining.

(3) The successful completion of the initial training shall be subject to a three-year certificate of validity. The date of expiry of the period of validity shall be clearly indicated on the certificate.

(4) If a repeat training is successfully completed, the period of validity of the certificate shall be extended in accordance with Section 35 (5). The new date of expiry of the period of validity must be clearly stated on the certificate.

(5) The training courses may only be carried out in the course of courses recognised by the Federal Minister of Transport, Innovation and Technology in accordance with § 24b GGBG. This recognition shall be deemed granted to:

1.		Courses covered by the STCW Regulation, BGBl. II No 228/2000
2.		Courses in which persons involved in the transport of dangerous goods in the maritime transport sector are trained by a person belonging to their undertaking which has a valid certificate of training pursuant to this Section
For all other courses, recognition shall be carried out in accordance with the provisions of this section.

Recognition of training organisers

§ 28. (1) The recognition shall apply to training courses not covered by Article 27 (5) (1) and (2) for personnel of dangerous goods transport with the following activities

1.		Classify,
2.		packing,
3.		Labeling, marking, marking and placating,
4.		Loading and unloading of Cargo Transport Units (CTU),
5.		Completion of transport documents,
6.		Offer for promotion,
7.		Accept for promotion,
8.		Handling of goods during transport,
9.		Work out loading/tailing plans,
10.		Load on ships and delete them,
11.		Transport,
12.		Enforce or monitor or verify compliance with applicable regulations and regulations; and
13.		other activities.

(2) The claim of the recognition certificate shall contain the following information:

1.		the name, address and, where the recognition of a natural person is granted, the date of birth of the organiser;
2.		the scope of recognition, including the indication of the training covered (initial training, repeat training, person groups),
3.		the names, dates of birth, addresses and the respective subjects of the teaching staff;
4.		the names, dates of birth and the addresses of those persons who are entitled to issue the certificates, and
5.		, where appropriate, a freezing of recognition or other secondary provisions.

(3) The application for recognition shall, in particular, be accompanied by documents relating to the following details:

1.		the qualifications of the organiser and of the teaching staff,
2.		detailed (s) training programme (s) including curricula and schedules,
3.		Teaching aids,
4.		conditions for participation in the training and examination, such as the number of participants and the language,
5.		Catalogue of examination questions and
6.		the detailed programme of the examination in which the examination areas are defined and the examination methods provided for, the duration of the written examination and the required minimum grade.

(4) The organizer shall immediately inform the Federal Minister of Transport, Innovation and Technology of any change in the claim of the notification of the notification of the information contained in paragraph 2. The following amendments require the release of a decision on the amendment of the recognition according to § 24b GGBG:

1.		Change of the name of the organizer,
2.		Change in the scope of recognition and
3.		Use of teachers who do not appear in any valid other form of recognition according to § 24b GGBG (GGBG) for an appropriate field of expertise to date, and
4.		Changes to the names of the persons entitled to sign.

Qualifications of the organiser

§ 29. The documents to be submitted to the applications for recognition shall be accompanied by proof of the following qualifications of the organiser:

1.		Fulfilment of the requirements within the meaning of § 8 and the absence of exclusionary grounds within the meaning of Section 13 of the 1994 Commercial Code, BGBl. 194 and
2.		Fulfilment of the requirements in accordance with § 24b (2) GGBG.

Duration of training

§ 30. (1) The training programme to be submitted to applications for recognition in the context of the required documents, including curricula and timetables, shall take into account at least the following dates (UE = teaching units of approximately 45 minutes):

1.	Initial training for personnel whose activities include in § 28 (1) Z 6, 7, 9, 11 or 12 mentioned ............................................................................................	32 UE,
2.	Initial training for personnel whose activities include in § 28 para. 1 otherwise mentioned ........................................................................................................................	8 UE,
3.	Repeat training for staff in accordance with Z 1 .........................................................	16 UE and
4.	Repeat training for staff in accordance with Z 2 ..............................................................	4 UE.

(2) Training programmes for initial training for

1.		holders of certificates of relevant training, by means of distance learning or e-learning, or
2.		personnel whose role and degree of responsibility result in a limited training requirement,
may be based on up to half shorter time rates than in paragraph 1.

(3) Reductions on the basis of the individual paragraphs of paragraph 2 may not be cumulated.

(4) A day of teaching shall not exceed 8 hours of theoretical instruction and only between 8.00 and 22.00 hours.

Qualifications of teaching staff

§ 31. The documents to be submitted to the applications for recognition shall provide evidence of the following qualifications of the teaching staff:

1.		adequate knowledge of the subjects prescribed for the relevant training, based on a relevant training in a relevant field or on the basis of equivalent experience from the practice of training or other activities, in the field of transport of dangerous goods by sea and
2.		Appropriate qualifications for adult education.

Teaching aids

§ 32. The documents which must be attached to the applications for recognition shall contain, in particular for the following teaching aids, information on their availability, suitability and timeliness:

1.		the material of the rules;
2.		written training assistants, such as scripts and specialist brochures,
3.		Accompanying documents and
4.		Audio-visual training, such as educational software, photographs or films.

Number of participants

§ 33. The documents accompanying applications for recognition shall be based on the conditions for participation in the training, with a maximum number of 25 participants. However, training courses with a maximum number of participants up to 15 participants may be recognised, provided that it is proved that this deviation, in particular in the case of personal practical exercises, is taken into account by

1.		higher than the time rates referred to in § 30, or
2.		a station operation, or
3.		other appropriate organisational measures.

Implementation of training, controls

§ 34. (1) The organiser shall carry out the training on premises which are so located and arranged that:

1.		People, things or the environment will not be endangered,
2.		Persons are not unreasonably harassed and
3.		the participants are not disturbed by other persons.

(2) The organiser shall establish the identity of the participants and confirm their participation through the guidance of attendance lists.

(3) The organiser shall have lists of the participants in the training courses organised by the organiser with the following information:

1.		the names, dates of birth, nationality and address of the participants;
2.		completed training, including tests carried out,
3.		issued certificates (each with issue date and expiry date) and
4.		Expiry dates with expiration date.

(4) The organiser shall keep the directories in accordance with paragraph 3 for at least four years and shall submit them to the Federal Minister for Transport, Innovation and Technology upon request.

(5) The Federal Minister of Transport, Innovation and Technology may at any time carry out unannounced checks on the training to ensure that the conditions for granting recognition continue to be met and that the training courses are held in place. in accordance with the recognition.

Exhibition of the certificate and extension of its period of validity

§ 35. (1) The exhibition of the certificate or prolongation of its period of validity shall be carried out after successful participation in a training carried out by a recognised organiser (§ 27).

(2) Participation shall be successful if the participant

1.		has attended training without any absences, and
2.		The examination has been filed in person and without external assistance, using the text of the regulations in accordance with § 2 Z 4 GGBG. Additional aids are calculators as well as documents in accordance with § 32 Z 2.

(3) If a participant's examination fails to establish the necessary knowledge and skills, the certificate shall not be issued or its duration shall not be extended. The participant shall be allowed to perform a second examination without further training.

(4) For the period of validity of the certificate, the date of the examination of the initial training shall be decisive.

(5) If the holder of the certificate has successfully participated within a period of one year before the expiry of the period of validity of a repeat training carried out by a recognised training organiser (paragraph 2). 2), the certificate shall be extended by three years, calculated from the date of expiry of the period of validity. If, more than one year before the date of expiry of the period of validity, the holder of the certificate has successfully participated in such retraining, the certificate shall be three years from the date of the examination of the retraining period, in the case of

Checks

§ 36. (1) After completion of the training, the organiser's teaching staff must carry out an examination in which the participant has to prove that he has the knowledge, understanding and skills required for the activities of the organiser. the person concerned is required, and in the case of repetition training, that he is at the current level with his knowledge.

(2) The examination must be adapted to those aspects with which the group of persons in question must be at least familiar with the requirements under § 2 Z 4 GGBG.

(3) The examination shall be in writing. It shall be supplemented by an oral examination in the case of paragraph 4 Z 2. It includes:

1.		At least 20 questions with a direct answer and up to five other questions with a selection of available answers during the examination after the initial training, with the attainable maximum number of 100 points and the duration of the examination in total 120 minutes. and
2.		during the examination after the repetition training, questions, the selection and number of which are based on an attainable maximum number of 50 points and a test duration of 60 minutes.

(4) The examination shall be deemed to have been passed if the participant respectively

1.		at least 80% of the maximum number of points, or
2.		at least 60% of the maximum number of points and, by answering the following oral questions, in which, in particular, the questions answered in writing are to be deepened, a knowledge level corresponding to Z 1 can be found.

Conduct of the audit

§ 37. The training organiser shall be responsible for any examination

1.		to place the number of teachers required to cover the test substance as examiners,
2.		for appropriate audit facilities, and
3.		to bear the cost of the test.

Section 5

Training of persons involved in the transport of dangerous goods in the framework of civil aviation

Validity, Organization

§ 38. (1) The training prescribed for the categories of persons referred to in § 2 Z 5 GGBG shall comprise initial training and retraining.

(2) The successful completion of the initial training shall be subject to a certificate of validity of 24 months. The date of expiry of the period of validity shall be clearly indicated on the certificate. The certificate and the entries contained in it may also be written in English.

(3) If a repeat training is successfully completed, the period of validity of the certificate shall be extended in accordance with section 46 (5). The new date of expiry of the period of validity must be clearly stated on the certificate.

(4) The training courses may only be carried out in the course of courses recognized in accordance with § 24c GGBG. This recognition shall be deemed to have been granted for training courses which:

1.		as part of an operator's training programme for the training of their personnel or of the personnel of companies acting on their behalf, in accordance with AOCV, BGBl. II No 425/2004 idF BGBl. II No 528/2004, or
2.		are covered by a training permit in accordance with Section 42 of the Aviation Act.
For all other courses, recognition shall be carried out in accordance with the provisions of this section.

Recognition of training organisers

§ 39. (1) The recognition shall apply to training courses, insofar as they are not covered by Section 38 (4) Z 1 or 2, for personnel who:

1.		in the case of senders of dangerous goods and agents of such senders, or
2.		in the case of the packaging of dangerous goods, or
3.		is involved in the handling of dangerous goods in the case of freight forwarders, or
4.		in the case of freight forwarders involved in the treatment of cargo (other than dangerous goods), or
5.		in the case of freight forwarders involved in the handling, storage and loading of cargo, or
6.		in the case of carriers and agents acting on their behalf, the handling of dangerous goods; or
7.		in the case of carriers and agents acting on their behalf, the handling of cargo (other than dangerous goods); or
8.		is responsible for the handling, storage and loading of cargo and baggage in the case of carriers and agents acting on their behalf; or
9.		in the case of passenger handling, or
10.		is part of the flight crew and is involved in the planning of the loading, or
11.		belongs to the crew (other than flight crew), or
12.		belongs to the security personnel and is involved in the inspection of passengers and their luggage as well as cargo.

(2) The claim of the recognition certificate shall contain the following information:

1.		the name, address and, where the recognition of a natural person is granted, the date of birth of the organiser;
2.		the scope of recognition, including the indication of the training covered (initial training, repeat training, person groups),
3.		the names, dates of birth, addresses and the respective subjects of the teaching staff;
4.		the names, dates of birth and the addresses of those persons who are entitled to issue the certificates, and
5.		, where appropriate, a freezing of recognition or other secondary provisions.

(3) The application for recognition shall, in particular, be accompanied by documents relating to the following details:

1.		the qualifications of the organiser and of the teaching staff,
2.		detailed (s) training programme (s) including curricula, timetables and examination programmes,
3.		Teaching aids, in e-learning: appropriate learning
4.		Conditions for participation in the training and examination, such as the number of participants and the language.

(4) The organiser shall immediately inform the Authority, which has issued the notification of recognition, of any change in respect of the notice of the notification of the notification referred to in paragraph 2. The following amendments require the release of a decision on the amendment of the recognition according to § 24c of the GGBG:

1.		Change of the name of the organizer,
2.		Change in the scope of recognition and
3.		Use of teachers who have not been in any valid other form of recognition according to § 24c of the GGBG (German GGBG) for an appropriate subject area, and
4.		Changes to the names of the persons entitled to sign.

Qualifications of the organiser

§ 40. The documents to be submitted to the applications for recognition shall be accompanied by proof of the following qualifications of the organiser:

1.		Fulfilment of the requirements within the meaning of § 8 and the absence of exclusionary grounds within the meaning of Section 13 of the 1994 Commercial Code, BGBl. 194 and
2.		Fulfilment of the requirements pursuant to Section 24c (2) GGBG.

Duration of training

§ 41. (1) The training programme to be submitted to applications for recognition in the context of the required documents, including curricula and timetables, shall take into account at least the following dates (UE = teaching units of approximately 45 minutes):

1.	Initial training for personnel whose activities include in § 39 (1) Z 1, 3 and 6 mentioned ........................................................................................	32 UE,
2.	Initial training for personnel whose activities include in § 39 para. 1 otherwise mentioned ........................................................................................................................	16 UE,
3.	Repeat training for staff in accordance with Z 1 .........................................................	16 UE and
4.	Repeat training for staff in accordance with Z 2 ..............................................................	8 UE.

(2) Training programmes for

1.		Holders of certificates of relevant training by means of distance learning or e-learning or
2.		personnel whose role and degree of responsibility result in a limited training requirement,
may be based on up to half shorter time rates than in paragraph 1.

(3) Reductions on the basis of the individual paragraphs of paragraph 2 may not be cumulated.

(4) A day of teaching shall not exceed 8 hours of theoretical instruction and only between 8.00 and 22.00 hours.

Qualifications of teaching staff

§ 42. The documents to be submitted to the applications for recognition shall provide evidence of the following qualifications of the teaching staff:

1.		adequate knowledge of the subjects prescribed for the relevant training, based on a relevant training in a relevant field or on the basis of equivalent experience from the practice of training or other activities, in the field of transport of dangerous goods by air and
2.		Appropriate qualifications for adult education.

Teaching aids

§ 43. The documents which must be attached to the applications for recognition shall contain, in particular for the following teaching aids, information on their availability, suitability and timeliness:

1.		the material of the rules;
2.		written training assistants, such as scripts and specialist brochures,
3.		Accompanying documents and
4.		Audio-visual training, such as educational software, photographs or films.

Number of participants

§ 44. The documents accompanying applications for recognition shall be based on the conditions for participation in the training, with a maximum number of 25 participants. However, training courses with a maximum number of participants up to 15 participants may be recognised, provided that it is proved that this deviation, in particular in the case of personal practical exercises, is taken into account by

1.		higher than the time rates referred to in § 41, or
2.		a station operation, or
3.		other appropriate organisational measures.

Implementation of training, controls

§ 45. (1) The organiser shall carry out the training on premises which are so located and arranged that:

1.		People, things or the environment will not be endangered,
2.		Persons are not unreasonably harassed and
3.		the participants are not disturbed by other persons.

(2) The organiser shall establish the identity of the participants and confirm their participation through the guidance of attendance lists.

(3) The organiser shall have lists of the participants in the training courses organised by the organiser with the following information:

1.		names, dates of birth and nationality,
2.		completed training, including tests carried out,
3.		issued certificates (each with issue date and expiry date) and
4.		Expiry dates with expiration date.

(4) The organiser shall keep the directories in accordance with paragraph 3 for at least four years and shall submit them to the Federal Minister for Transport, Innovation and Technology upon request.

(5) The organiser shall provide information on the date and place of training as soon as possible, as soon as it has been established, to the Federal Minister for Transport, Innovation and Technology. It may at any time carry out unannounced training checks to ensure that the conditions for granting recognition continue to be met and that the training is carried out in accordance with the recognition.

Exhibition of the certificate and extension of its period of validity

§ 46. (1) The exhibition of the certificate or prolongation of its period of validity shall be carried out after successful participation in a training carried out by a recognised organiser (§ 38).

(2) Participation shall be successful if the participant

1.		has attended training without any absences, and
2.		The examination shall be carried out in person and without external assistance, using the text of the provisions or regulations to be taken into consideration in accordance with § 2 Z 5 GGBG, or the provisions which apply and supplement these provisions. Additional aids are calculators as well as documents according to § 43 Z 2.

(3) If a participant's examination fails to establish the necessary knowledge and skills, the certificate shall not be issued or its duration shall not be extended. The participant shall be allowed to perform a second examination without further training.

(4) For the period of validity of the certificate, the date of the examination of the initial training shall be decisive.

(5) If the holder of the certificate has successfully participated within a period of six months before the expiry of the period of validity of a repeat training carried out by a recognised training organiser (paragraph 1). 2), the certificate shall be extended by 24 months, calculated from the date of expiry of the period of validity. If the holder of the certificate has successfully participated in such a retraining period more than six months before the date of expiry of the period of validity, the certificate shall be 24 months from the date of the examination of the Recurrence training, to be extended.

Checks

§ 47. (1) After completion of the training, a written examination or a computer-controlled approved final test shall be carried out, in which the training participant has to prove that he has the knowledge, understanding and skills required, which are required for the activities of the group of persons concerned (Article 39 (1)) and, in the case of retraining, that he/she is up-to-date with his/her knowledge.

(2) The examination must be adapted to the aspects with which the group of persons in question must be at least familiar with the requirements under § 2 Z 5 GGBG.

(3) The examination shall be deemed to have been passed if at least 80% of the maximum number of points to be reached is reached.

Conduct of the audit

§ 48. The training organiser shall be responsible for any examination

1.		for appropriate audit facilities, and
2.		to bear the cost of the test. "

32. The 6. Section is:

" 6. Section

Other provisions

Notification of notification in accordance with Article 12 of Directive 98 /34/EC

§ 49. This Regulation has been adopted in compliance with the provisions of Directive 98 /34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services, OJ L 206, 22.7.1998, p. No. 37. as amended by Directive 98 /48/EC, OJ L 201, 31.7.1998, p. No. 18. of the European Parliament and of the Council of 5 August 1998, p. 18.

In-force pedals

§ 50. This Regulation shall enter into force 1. October 2005, in force. "

Gorbach