158. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management, which amended the Chemicals Prohibition Regulation 2003

Because of

1.		§ 17 (1) and (2) and Section 78 (2) (2) (1) of the Chemicals Act 1996 (ChemG 1996), Federal Law Gazette (BGBl). I n ° 53/1997, as last amended by the Federal Law BGBl. I n ° 98/2004, will be in agreement with the Federal Minister for Economic Affairs and Labour,
2.		§ 17 of the Plant Protection Products Act 1997, BGBl. I n ° 60/1997, as last amended by the Federal Law BGBl. I No 83/2004, to the extent that this Regulation relates to plant protection products,
3.		§ 28 of the Biocidal Products Act (Biocidal Products Act-Biocide-G), BGBl. No 105/2000, insofar as restrictions on substances and preparations within the meaning of Article 2 (1) (2), (5) and (6) and (2) (2) Biocide G are concerned, shall be prescribed:

The regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management on further bans and restrictions on certain dangerous substances, preparations and manufactured articles (Chemical Prohibition Regulation 2003-Chem-VerbotsV 2003), BGBl. II No 477/2003, shall be amended as follows:

1. According to "§ 6", the following " § 6a " together with headline inserted:

" Nonylphenol and nonylphenol ethoxylates

§ 6a. (1) The placing on the market and the use of nonylphenol (C 6 H 4 (OH) C 9 H 19 ) and nonylphenol ethoxylates ((C) 2 H 4 O) N C 15 H 2 4O) as substances and as constituents of substances and preparations in a concentration of 0.1% by weight or more are prohibited for the following areas of use:

1.		industrial cleaning, except in the case of supervised closed systems for chemical cleaning and special cleaning systems in which the cleaning liquid is recycled or burnt;
2.		the cleaning of the household;
3.		textile and leather processing, except in the case of
a)			Non-nonylphenol ethoxylates ((C) 2 H 4 O) N C 15 H 24 O) enter the waste water; and
b)			the use in plants for special treatments in which the organic fraction is completely removed from the process water before the biological treatment (degreasing of sheep's skins);
4.		as emulsifier in milking fat;
5.		metal processing, except for controlled closed systems where the cleaning liquid is recycled or burnt;
6.		the production of pulp and paper;
7.		cosmetic products;
8.		other personal care products, other than spermicides, and
9.		as formulating adjuvants in plant protection products and biocidal products.

(2) The prohibition of paragraph 1 Z 9 does not apply to plant protection products authorised in Austria before 17 July 2003 in the sense of the Plant Protection Products Act 1997 and to biocidal products authorised at that date in Austria within the meaning of the Biocides Act (Biocides Act), Nonylphenol ethoxylates ((C) 2 H 4 O) N C 15 H 24 (o) are mixed as formulating adjuvants until the respective authorisation has expired; in this context, the authorisation of a biocidal product or plant protection product shall be deemed to have expired if it has been obtained or renewed. "

2. "§ 7" shall be subject to the following " 3 " added:

(3) By way of derogation from paragraph 1, diphenylether-pentabromoderivative (C) may be used 12 H 5 Br 5 O CAS No 32534-81-9) as a substance and as a constituent in preparations for the evacuation systems of aeroplanes until 31 March 2006, and used. The restriction of paragraph 2 shall not apply until 31 March 2006 for the evacuation systems of aeroplanes with diphenylether-pentabromo derivatives.
(C 12 H 5 Br 5 O CAS No 32534-81-9); such as may be permitted until 31 March 2006 with a diphenylether-pentabromic derivative (C) 12 H 5 Br 5 O CAS No 32534-81-9), as far as the other legislation does not conflict, the emergency evacuation systems may continue to be used on aeroplanes beyond 31 March 2006. "

3. The following sentence shall be added to Article 11 (3):

" Except for this, up to 1. Jänner 2005 Textile products made from waste fibres when the amines are released from residues obtained from the previous dyeing of the same fibres, and when the amines listed are released at a concentration of less than 70 ppm. "

4. § 11 (4) reads:

" (4) For the verification of compliance with the parts of the mass as defined in paragraph 2, the following ÖNORMEN, reproduced in Annex C, shall be binding:

1.		ÖNORM EN ISO 17234/2003 ("Leather-Chemical test-Determination of certain azo dyes in dyed leathers") issued on 1 December 2003.
2.		ÖNORM EN ISO 14362-1/2003 ("Textiles-Process for the determination of certain amines from azo dyes-Part 1: proof of use of certain azo dyes without previous extraction") issued on 1 December 2003.
3.		ÖNORM EN ISO 14362-2/2003 ("Textiles-Procedures for the determination of certain amines from azo dyes-Part 2: proof of use of certain azo dyes by extraction of fibres") issued on 1 December 2003.
In so far as national standards of other EEA States are to be regarded as equivalent to those of the above-mentioned ÖNORM, tests in accordance with these standards shall also be assessed in accordance with the requirements of this Regulation. "

5. According to "§ 19", the following " § 19a " together with headline inserted:

" Cement

§ 19a. (1) The placing on the market and the use of cement and cement-containing preparations shall be prohibited, provided that their content of soluble chromium VI after hydration is more than 0.0002% of the dry mass of the cement.

(2) If reducing agents are used, the following particulars shall be clearly legible and permanently affixed on the packaging of cement or cement-containing preparations:

1.		the packaging date,
2.		Information on storage conditions and
3.		the storage period until the effect of the reducing agent is maintained and the content of soluble chromium VI does not exceed the limit set in paragraph 1.
Classification, packaging and labelling provisions in accordance with other legislation, in particular in the sense of § § 13 et seq. of the Chemicals Ordinance 1999 (ChemV 1999), BGBl. II No 81/2000 in the BGBl version. II No 186/2002, remain unaffected.

(3) In the light of the limitations of paragraph 1 and the special labelling requirements of paragraph 2, cement and cement-containing preparations are used when they are used in supervised, closed and fully automated processes in which the following conditions are: it is ensured that cement and cement-containing preparations are processed exclusively with machinery, and in which the risk of skin contact is to be excluded. "

6. According to "§ 22", the following " Section 23 " attached:

" § 23. With the Regulation BGBl. II No 158/2005 are the following directives:

1.		Directive 2003 /53/EC on 26. Amendment of Council Directive 76 /769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations ('nonylphenol, nonylphenol ethoxylate and cement '), OJ L 73, 27.4.1976, p. No. OJ L 178 of 17.07.2003, p. 24.
2.		Directive 2004 /21/EC on 13. Adaptation of Council Directive 76 /769/EEC relating to restrictions on the marketing and use of 'azocolourants', OJ L 76, 23.4.1976, p. No. OJ L 57, 25.02.2004, p.4.
3.		Directive 2004 /98/EC amending Council Directive 76 /769/EEC as regards restrictions on the marketing and use of pentabromodiphenyl ether in aeroplane evacuation systems for the purpose of adapting Annex I to this Directive technical progress, OJ No. OJ L 305, 01.10.2004, p.63.

7. 'Annex B' shall be ' Annex C " together with headline:

" Annex C

1.	ÖNORM EN ISO 17234/2003 ("Leather-Chemical test-Determination of certain azo dyes in dyed leathers") issued on 1 December 2003.
2.	ÖNORM EN ISO 14362-1/2003 ("Textiles-Process for the determination of certain amines from azo dyes-Part 1: proof of use of certain azo dyes without previous extraction") issued on 1 December 2003.
3.	ÖNORM EN ISO 14362-2/2003 ("Textiles-Procedure for the determination of certain amines from azo dyes-Part 2: proof of use of certain azo dyes by extraction of fibres") issued on 1 December 2003. "

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