155. Federal Law, amending the Waste Management Act 2002 (AWG-Novelle 2004)

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 ° 43/2004, shall be amended as follows:

1. The table of contents is:

" 1. Section General provisions
§ 1.	Objectives and principles
§ 2.	Definitions
§ 3.	Exceptions to the scope
§ 4.	Waste Directory
§ 5.	Falling
§ 6.	Notice of determination
§ 7.	Promotion
§ 8.	Federal Waste Management Plan
§ 8a.	Environmental assessment
§ 8b.	Cross-border consultations during an environmental assessment
Section 2 Waste prevention and recycling
§ 9.	Objectives of sustainable waste prevention
§ 10.	Waste management concept
§ 11.	Waste Representative
§ 12.	Commitments relating to engine oils and oil filters
§ 13.	Reporting obligation for the mail order
§ 13a.	Obligations for manufacturers and importers
§ 13b.	Coordination tasks
§ 13c.	Financing of the coordinating body
§ 13d.	Supervisory law
§ 13e.	Guidelines for the coordinating body
§ 13f.	Activity Report
§ 14.	Measures for the prevention and recycling of waste
Section 3 General obligations of waste owners
§ 15.	General treatment obligations for waste owners
§ 16.	Special treatment obligations for waste owners
§ 17.	Recording requirements for waste owners
§ 18.	Transfer of hazardous waste
§ 19.	Transport of hazardous waste
§ 20.	Reporting requirements for waste producers of hazardous waste
§ 21.	Registration and reporting requirements for waste collectors and treatment
§ 22.	Electronic registers
§ 23.	More detailed rules on the general obligations of waste owners
Section 4 Waste collectors and treatment
§ 24.	Display for the collection or treatment of non-hazardous waste
§ 25.	Permission for the collection or treatment of hazardous waste
§ 26.	Managing Director of Waste Management, expert person
§ 27.	Setting up, resting, hiring on the collection or treatment of waste
§ 28.	Collection of Problem Materials
§ 28a.	Collection of waste electrical and electronic equipment from private households
Section 5 Collection and recovery systems
§ 29.	Approval of collection and recovery systems
§ 30.	Distraction
§ 31.	Supervision
§ 32.	Obligations for domestic collection and recovery systems
§ 33.	Expert Panel
§ 34.	Advisory Council
§ 35.	Oversight of household-related collection and recovery systems
§ 36.	More detailed rules on collection and recovery systems
6. Treatment facilities
§ 37.	Approval and notification requirement for fixed treatment plants
§ 38.	Concentration and competence
§ 39.	Application documents
§ 40.	Public participation in IPPC treatment plants and incinerators or co-incineration plants
§ 41.	Presentation of oral proceedings
§ 42.	Party Position
§ 43.	Approval requirements
§ 44.	Trial operation, preliminary work
§ 45.	Civil objections
§ 46.	Duty to Duly
§ 47.	Modest contents
§ 48.	Provisions on landfill permits
§ 49.	Order of construction supervision for landfill sites
§ 50.	Simplified procedure
§ 51.	Display Method
§ 52.	Approval of mobile treatment plants
§ 53.	Installation of mobile treatment plants
§ 54.	Publicly available waste collection centres and collection points for problem substances
§ 55.	Delete Approval
§ 56.	Operating before legal force, compliance with conditions
§ 57.	Update of requirements for an IPPC treatment plant
§ 58.	Remediation concept Immission protection
§ 59.	Control of major-accident hazards
§ 60.	Recording and reporting requirements for IPPC treatment plants and incinerators or co-incineration plants
§ 61.	Provisions relating to the operation of a landfill
§ 62.	Monitoring of treatment plants
§ 63.	Additional provisions relating to the supervision of a landfill
§ 64.	Exchange of the holder of a treatment facility
§ 65.	More detailed rules for treatment plants
Section 7 Transboundary movement
§ 66.	Scope and procedural provisions
§ 67.	Notification on export
§ 68.	Notification documents
§ 69.	Obligation to authorise imports, exports and transit
§ 70.	Safety performance and transport
§ 71.	Re-import duty
§ 72.	More detailed rules on transboundary movements
8. Section Treatment Orders, Review
§ 73.	Treatment Order
§ 74.	Subsidiary liability for treatment orders
§ 75.	Review obligations and powers
Section 9 Transitional provisions
§ 76.	Adaptation of landfill sites to landfill regulation 1996
§ 77.	Transitional provisions concerning the out-of-force activities of the AWG 1990
§ 78.	General transitional provisions
Section 10 Final provisions
§ 79.	Penalty
§ 80.	General criminal provisions
§ 81.	Statute of limitations
§ 82.	Participation of bodies of the public security service
§ 83.	Duties of the customs bodies
§ 84.	Hearing of the national main men when a regulation is adopted
§ 85.	Tasks of the municipalities
§ 86.	Location for data on compliance with Community or international reporting requirements
§ 87.	Data transfer
§ 88.	References
§ 89.	Implementation of European Community legislation
§ 90.	Enforcement
§ 91.	In-force pedals
Annex 1	Group of wastes
Annex 2	Treatment procedure
Annex 3	Hazard-relevant properties
Annex 4	Criteria for the determination of the state of the art
Annex 5	IPPC treatment plants
Annex 6	List of substances relating to the control of major-accident hazards
Annex 7	Strategic Environmental Assessment-Federal Waste Management Plan

2. § 2 (5) Z 1 second sentence is deleted.

3. The following sentence is added to § 2 (8) Z 3:

"As a substantial change to an IPPC treatment plant, a change with a capacity expansion of at least 100 per cent of the threshold value set out in Annex 5 shall also apply;"

4. § 2 para. 8 Z 5 reads:

" 5.		"collection and recovery system" means a legal entity which is responsible for the obligations of a regulation pursuant to Article 14 (1) and in accordance with this Regulation as regards the obligations under Section 13a concerning the collection and treatment of certain products, or waste and the detection of such waste can be legally effective. "

5. § 3 (1) Z 3 reads:

" 3.		Mountains (taubes rocks), which are incurred in the search, winnings, storage or processing of mineral raw materials, provided that these activities are carried out by the Mineral Resources Act, BGBl. I n ° 38/1999, and the mountains (the pigeon rock) are being used or deposited within a mining establishment, "

6. § 3 (1) Z 5 reads:

" 5.		Cadavers and confiscates, slaughterhouse waste and waste from meat processing, which are subject to a delivery obligation in accordance with § 10 of the Animal Material Act, BGBl. I No 141/2003,

7. The following sentences are added to § 6 (6):

"In addition to the project advertiser, the party position has the environmental attorney."

8. In § 7 (1), the following sentence shall be inserted after the first sentence:

"The advertisement can be transmitted electronically in coordination with the Federal Minister for Agriculture, Forestry, Environment and Water Management."

9. § 8 (1) reads:

" (1) In order to achieve the objectives and principles of § 1 (1) and (2), the Federal Minister for Agriculture, Forestry, Environment and Water Management has to draw up a federal waste management plan at least every five years. The draft of the Federal Waste Management Plan is available to the public via the website of the Federal Ministry of Agriculture, Forestry, Environment and Water Management; this is widely used in two areas of the Federal Republic of Germany. to make known daily newspapers. It should be pointed out in the notice that any person may deliver an opinion within six weeks from the date of the notice to the Federal Minister for Agriculture, Forestry, the Environment and Water Management. The State Governments, the Federal Minister for Economic Affairs and Labour, the Austrian Association of Cities, the Austrian Association of Municipal States, the Austrian Chamber of Commerce, the Federal Chamber of Workers and Employees and the Conference of Presidents of the Austria's chambers of agriculture are referred in writing to the opinion. The opinions shall be taken into account in the review of the draft. The Federal Waste Management Plan is to be published on the website of the Federal Ministry for Agriculture, Forestry, Environment and Water Management. Unless a summary declaration is to be published in accordance with Section 8a (6), the Federal Minister for Agriculture, Forestry, Environment and Water Management, together with the Federal Waste Management Plan, has the decisions taken on the the opinions received and the reasons on which the decisions are based and the information on the procedure for public participation on the website of the Federal Ministry for Agriculture, Forestry, the Environment and Water Management . The publication is to be published in two daily newspapers widely used in the federal territory. "

10. The following sentences are added to § 8 (4):

" The contents of the country-waste management plan, which are carried out in accordance with Directive 2001 /42/EC on the assessment of the effects of certain plans and programmes on the environment, OJ L 197, 21.7.2001. No. OJ L 197 of 21. 7. In 2001, S 30, an environmental assessment must be carried out in the Federal Waste Management Plan only if the environmental assessment has already been carried out at the country level. This content shall not be subject to any environmental assessment in accordance with § 8a. "

11. According to § 8, the following § § 8a and 8b, together with the headings are inserted:

" Environmental assessment

§ 8a. (1) An environmental assessment shall be carried out if the Federal Waste Management Plan provides a framework for the future approval of projects set out in Annex 1 of the Environmental Impact Assessment Act 2000 (UVP-G 2000), BGBl. No 697/1993, or its implementation is likely to have an impact on Natura 2000 sites. In addition, an environmental assessment should be carried out if the Federal Waste Management Plan sets a framework for future approval of other projects and its implementation is expected to have significant environmental impacts.

(2) If only a framework for future approval of other projects is established or only minor changes are made to the Federal Waste Management Plan, a test shall be carried out, taking into account the criteria of Annex 7, Part 1. whether the implementation is likely to have significant environmental effects. In compliance with its environmental and planning competencies, the state governments are granted an opinion.

(3) If an environmental assessment is not carried out, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall have the results of the examination referred to in paragraph 2, including the reasons for the decision not to carry out an environmental assessment, to publish on the website of the Federal Ministry of Agriculture, Forestry, Environment and Water Management.

(4) If an environmental assessment is to be carried out, the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall draw up an environmental report in accordance with Annex 7, Part 2. In this report, the expected significant impact of the implementation of the Federal Waste Management Plan on the environment and possible alternatives, which will be the objectives and the geographical scope of the Federal Waste Management Plan shall be taken into account, identified, described and evaluated. The environmental report shall contain the information which can reasonably be requested and shall take into account the current state of knowledge and current test methods, the content and degree of detail of the Federal Waste Management Plan and its position in the decision making process. In the exercise of their environmental and planning competencies, the state governments are given a position to determine the extent and detail of the information to be included in the environmental report.

(5) The Federal Minister for Agriculture, Forestry, Environment and Water Management has made the environmental report available to the public via the website of the Federal Ministry of Agriculture, Forestry, Environment and Water Management; this is to be made known in two widely used daily newspapers. It should be pointed out in the notice that any person may deliver an opinion within six weeks from the date of the notice to the Federal Minister for Agriculture, Forestry, the Environment and Water Management. The state governments will be informed in writing of their suitability for the opinion of their environment and planning. The environmental report and the opinions received must be taken into account in the preparation of the Federal Waste Management Plan.

(6) When the Federal Waste Management Plan has been subjected to an environmental assessment, the Federal Minister for Agriculture, Forestry, the Environment and Water Management jointly issued a summary declaration on the environmental assessment together with the Federal Waste Management Plan to be published on the website of the Federal Ministry of Agriculture, Forestry, Environment and Water Management. The summary statement shall indicate:

1.		how the environmental considerations have been included in the plan,
2.		the environmental report, the opinions received and, where appropriate, the results of cross-border consultations pursuant to Section 8b,
3.		the reasons for and the consideration of which alternatives examined the preparation of the plan have been made and
4.		what measures are envisaged to monitor the significant impact of the implementation of the Federal Waste Management Plan on the environment.

(7) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to ensure that the significant effects of the implementation of the Federal Waste Management Plan on the environment are monitored in order to ensure, among other things, early on. identify unforeseen adverse effects and, if necessary, take appropriate remedial action.

Cross-border consultations during an environmental assessment

§ 8b. (1) If

1.		the implementation of a federal waste management plan is likely to have a significant impact on the environment of another Member State of the European Union; or
2.		a Member State, which is likely to be significantly affected by the impact of the implementation of the Federal Waste Management Plan, makes a request to this effect,
the Federal Minister for Agriculture, Forestry, the Environment and Water Management shall forward the environmental report and the draft Federal Waste Management Plan to that Member State at the latest at the respective date of publication. The other Member State shall, when submitting the environmental report, be given a reasonable period of time for the notification as to whether it intends to take part in the environmental assessment.

(2) The other Member State must be given a reasonable period of time in order to allow the authorities concerned in their environmental responsibilities and the public to give their opinion. Where necessary, consultations shall be held on the likely transboundary impact on the environment of the implementation of the Federal Waste Management Plan, and on the measures envisaged to reduce or avoid such effect. An appropriate timeframe with the other Member State shall be agreed for the consultations. The other Member State shall be notified of the published Federal Waste Management Plan and the declaration pursuant to Article 8a (6).

(3) In the context of the drawing up of a plan in the waste management sector in another Member State, the environmental report or draft plan shall be forwarded to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, and he shall have the national principal men of those federal states whose environment could have a significant impact on the implementation of the plan and to involve the public in the federal states concerned. The inclusion is carried out in accordance with § 8 (1). Opinions delivered to the Federal Minister for Agriculture, Forestry, the Environment and Water Management are to be submitted to the other Member State and, if necessary, the Federal Minister for Agriculture, Forestry, the Environment and the Environment, and water management to hold consultations with the other Member State. "

12. According to § 13, the following § § 13a to 13f shall be inserted together with the headings:

" Obligations for manufacturers and importers

§ 13a. (1) Manufacturers of electrical and electronic equipment shall, in accordance with a regulation in accordance with Article 14 (1), establish at least one collection point in each political district for the acquisition of waste equipment from the trade, and shall have electrical equipment at these collection points. and electronic waste at least free of charge. As a manufacturer of electrical and electronic equipment, everyone who is independent of the selling method, including distance selling within the meaning of Section 5a of the Consumer Protection Act (KSchG), applies to BGBl. No 140/1979,

1.		manufactures and sells electrical or electronic equipment under its brand name; or
2.		Equipment of other suppliers is resold under its brand name, and the reseller is not to be regarded as a manufacturer, provided that the brand name of the manufacturer is referred to in accordance with lit. a is attached to the device, or
3.		Electrical or electronic equipment imports into Austria or runs from Austria for delivery to the last consumer.

(2) Manufacturers according to paragraph 1 have to participate in a collection and recovery system in accordance with a regulation in accordance with § 14 (1) for waste equipment, which was placed on the market until 12 August 2005.

(3) Manufacturers in accordance with paragraph 1, who intend to fulfil their acceptance obligations individually, have this to the Federal Minister for Agriculture, Forestry, Environment and Water Management, stating the data in accordance with § 22 (1a) Z 1 to 3 and 10 and the Indicate the type of equipment and indicate that the conditions for individual withdrawal are met for all the equipment placed on the market. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to register these manufacturers and importers in the register in accordance with Section 22 (1) and, if the conditions are met, to mark them as individual recipients. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to be informed of the refusal of the marking or, in the event of the removal of a condition, of the deletion of the marking. Only those manufacturers in accordance with paragraph 1, which are identified in the register in accordance with Section 22 (1) as individual backers, can meet their obligations individually. Changes to the data in accordance with the first sentence shall be reported immediately by the manufacturer via the register in accordance with § 22 para. 1. The cessation of the activity shall be reported within one month on the register in accordance with section 22 (1).

(4) Manufacturers according to paragraph 1, which do not meet their acceptance obligations individually, have the data pursuant to § 14 (1) of the data pursuant to § 22 (1a) (1) to (3) and (10) and these data for their collection points in accordance with paragraph 1 electronically register via the website of the Federal Environment Agency (Umweltbundesamt Gesellschaft mit beschränkter Haftung) (Federal Environment Agency). Changes to the data in accordance with the first sentence shall be reported immediately by the manufacturer via the register in accordance with § 22 para. 1. The cessation of the activity shall be reported within one month on the register in accordance with section 22 (1). Provided that no technical possibilities for electronic transmission are available to the pledge, it can contribute to the registration or change of the data to the Federal Environment Agency in writing against a cost contribution of 40 euros.

(5) Manufacturers in accordance with paragraph 1 and manufacturers and importers of other products subject to a regulation in accordance with Article 14 (1) shall have, in the course of placing on the market, an adequate guarantee for the withdrawal, in accordance with the conditions laid down in this Regulation. To re-use and treat the waste from these products.

Coordination tasks

§ 13b. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall coordinate the collection, supply, collection and recovery of waste subject to a Regulation in accordance with Article 14 (1), in accordance with the provisions of this Regulation. To carry out the following tasks:

1.		Conclusion of agreements with collection and recovery systems on the collection of waste, on the collection infrastructure, on the information of the final consumer and on the establishment of a lighting unit, and on the financing of the collection and collection of waste. the collection infrastructure and the information provided to the final consumer;
2.		coordination of the measures provided for in the agreements;
3.		Coordination of measures to increase the efficiency of collection and recovery systems, in particular by harmonising notification forms and collection infrastructure, taking into account the requirements of a regulation in accordance with Article 14 (1);
4.		Receipt of the volume declarations of collection and recovery systems relating to the products placed on the market and the determination of the mass proportion of each system in this respect in the total quantity of the system participants in a period of time , the collection and recycling systems shall be subject to the mass shares referred to in the individual collection and recovery systems;
5.		evaluation of the volume reports in accordance with Z 4, if necessary through appropriate market surveys and studies;
6.		where there is no agreement on a collection, the reporting of a collection requirement of a collection point (issuing body) and the establishment of the required collection and recovery system;
7.		To carry out the collection at the expense of the required collection and recovery system, provided that it has not complied with its collection obligation after Z 6;
8.		the receipt of the reports on the quantities of waste collected and the devalued fractions;
9.		Preparation of the respective reporting obligations to the EU Commission within the framework of the defined scope of action.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is authorized to entrust a non-profit-oriented legal entity as the focal point with the tasks referred to in paragraph 1 from its own motion. The task may only be entrusted to a legal entity which appears to be suitable for the tasks mentioned above. In the examination of suitability, it should be taken into consideration that:

1.		the legal entity meets the human, technical and financial requirements for the tasks,
2.		there are no important reasons which are likely to cast doubt on the full bias in the performance of the tasks, and
3.		an equal treatment of the pledges of a regulation pursuant to § 14 (1) appears to be secured.
The mourning may only take place for a period of ten years and requires the written consent of the legal entity.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may revoke the betting and the powers granted therewith with immediate effect, if a condition pursuant to para. 2 is omitted, the legal entity shall issue a condition of the Only after a set grace period has expired, or in accordance with § 13d after expiry of a set grace period, the legal entity shall not comply with the written instructions or the legal entity shall submit a request to this effect.

(4) The employees of the legal entity shall, in the performance of the tasks of the coordinating body, be subject to secrecy over all the facts known to them exclusively from their activities, even after the end of their employment relationship is committed.

(5) The activities of the coordinating body shall be the public sector within the meaning of Section 5 (1) of the Data Protection Act 2000, Federal Law Gazette (BGBl). I No 165/1999.

Financing of the coordinating body

§ 13c. (1) The coordinating body shall be entitled to finance, in order to finance its tasks, a financing charge covering the cost of its activities, in relation to the mass shares of the products placed on the market, per collection and treatment category, in accordance with a Regulation in accordance with § 14 (1), in four partial amounts each quarter of the financial year, to invoice the collection and recycling systems for the waste from these products.

(2) The total amount of the financing charge shall be determined on the basis of a preliminary calculation for the respective financial year of the coordination office. Surpluses and shortfalls from previous years shall be taken into account in the preliminary calculation.

Supervisory law

§ 13d. (1) The activities of the coordinating body shall be subject to the supervision of the Federal Minister for Agriculture, Forestry, the Environment and Water Management.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in the exercise of his supervisory law, give instructions to the coordinating body.

(3) The coordinating body shall provide the Federal Minister for Agriculture, Forestry, Environment and Water Management with the necessary information and submit the relevant documents.

Guidelines for the coordinating body

§ 13e. (1) In coordination with the Federal Minister for Agriculture, Forestry, Environment and Water Management, the coordinating body shall draw up a concept for its activities and revise it annually. In its actions, it has to take into account, in particular, the economic and economic conditions of the economy.

(2) The coordinating body shall carry out its tasks in the light of the principles of economy, economy and usefulness. In addition, the Federal Minister for Agriculture, Forestry, Environment and Water Management has to report immediately to the Federal Minister for Agriculture, Forestry, Environment and Water Management any necessary changes to the framework conditions for the activities of the coordinating body.

Activity Report

§ 13f. The coordinating body shall draw up an annual activity report and shall submit it to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, following the annual report (in any case, the extension of the annex). Annual financial statements). The activity report shall, in particular, represent the tasks carried out, the development of personnel and the financial resources spent. "

(13) The following paragraphs 2a and 2b are inserted in § 14:

" (2a) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is authorized to make the Betrauung of the legal entity known as the focal point according to § 13b and the revocation of the betting with regulation.

(2b) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is authorized to lay down detailed provisions on the content of the freezing order in accordance with Section 13a (5), the setting, type, design, performance, access, decay, the use and release of the proof and reporting requirements and detailed rules on the calculation of the financing of the collection and treatment of waste subject to a Regulation as referred to in paragraph 1. "

14. The following sentence is added to Article 15 (3):

"The disposal of waste may only be carried out in landfills approved for this purpose."

15. The following paragraph 6 is added to § 15:

" (6) The owner of the waste is obliged, in accordance with a regulation pursuant to § 23 (3) (1) (1), to have the waste be assessed by an authorized subject or institution before handing over to a landfill holder and to have a copy of the waste-holder The results of the investigation shall be transmitted. The first and third sentences of § 17 (5) shall apply to the sampling protocols and the results of the investigation. "

16. § 18 (3) second sentence reads:

"This does not apply to transporters according to § 25 sec. 2 Z 3 and for collection and recovery systems."

17. The following paragraph 5 is added to § 18:

"(5) For accompanying documents, dispatch/consignment note forms and notifications pursuant to paragraph 4, § 17 para. 5 of the first to third sentence shall apply in accordance with the provisions of the third sentence."

18. § 20 (5), first sentence reads:

" 1, 3 and 4 shall not apply if the waste producer reports his data electronically via a register in accordance with § 22 para. 6 or the change of such data via a register in accordance with § 22 para. 1. "

19. In § 21, the paragraphs 1 and 2 and the following paragraphs 2a to 2d shall be inserted:

" (1) Waste collectors and handlers shall have electronic information on the website of the Federal Environment Agency (Umweltbundesamt) at the Federal Minister for Agriculture, Forestry, Environment and the Environment before taking up the activity. To register forestry using the following data in the register according to § 22 (1) (1) (1) (1)

1.		the name, address (e.g. seat) of the waste collector and the handling agent and the relevant commercial address for service;
2.		where appropriate, the company's book number, club register number, supplementary register number or, in the case of natural persons, the area-specific personal identification mark,
3.		Sectoral classification (four digits) in accordance with Regulation (EEC) No 3037/90 on the statistical classification of economic activities in the European Community, OJ L 206, 22.7.1990, p. No. OJ L 293, 24. 10. 1, as last amended by Regulation (EC) No 1882/2003, OJ L 297, 21.7.2003, p. No. OJ No L 284, 31. 10. 2003, S 1,
4.		Addresses of the locations where activities are carried out (e.g. premises),
5.		plant and plant types,
6.		treatment procedures and
7.		Contact address, including an existing email address, and contact person.

(2) Changes in the data referred to in paragraph 1 shall be reported immediately by the waste collector and/or handler via the register in accordance with Section 22 (1). The cessation of the activity shall be reported within one month on the register in accordance with section 22 (1).

(2a) If no technical possibilities for electronic transmission are available to the waste collector and handler, he/she may, against a cost contribution of EUR 40, write the registration or change the data to the Federal Environment Agency in writing. .

(2b) (1) to (2a) shall not apply to:

1.		Persons who make products in terms of purchase in respect of the withdrawal of waste from these products from the latter to the collection and transfer to an authorized waste collector or treatment;
2.		Transporters, insofar as they only carry waste on behalf of the waste owner,
3.		People who put waste on the ground for the benefit of agriculture or ecology.

(2c) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is authorized to use the waste management master data (Section 22 (1a)) in the Register pursuant to Section 22 (1) for persons pursuant to paragraph 2 (b) above. The persons referred to in paragraph 2b shall be involved in the collection of such data.

(2d) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to assign an identification number to the waste collector and handler on the basis of the registration, in the case of several locations or installations, further identification numbers. These identification numbers shall be used in the case of records and notifications pursuant to this Federal Act or regulations issued pursuant to this Federal Act, in the case of an ad according to § 7 and in the case of the notification in accordance with the EC Movement V. "

20. In § 21 (5), after the string "18 (3) and (4)" the dash and the string "21 (1) and (2)" is deleted.

21. In § 22 (1) (1) (1) (1), lit. a the parenthesis "(§ 21 (2) (1) to (3))" by the parenthesis expression " (par. 1a Z 1 to 4 and 10) " and in lit. b the parenthesis "(Article 21 (2))" by the parenthesis expression " (par. 1a) " replaced.

22. In § 22, the following paragraph (1) is inserted:

" (1a) Waste management master data in addition to the identification numbers are:

1.		the names, addresses (e.g. seat) of the waste owner and the relevant commercial address for service;
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 allocations (four digits) in accordance with Regulation (EEC) No 3037/90,
4.		Addresses of the locations in which the activity is carried out
5.		plant and plant types,
6.		treatment procedures,
7.		plant capacity,
8.		of plant permits for treatment plants included waste types and relevant approval contents,
9.		the extent of the rights to collection and treatment; and
10.		Contact addresses, including existing email addresses, and contact persons. "

23. In § 22 para. 2 Z 1 the reference "§ § 20, 21 para. 3, 24, 25, 37 and 52" by reference " 1a and § § 20, 24, 25, 37 and 52 " replaced.

(24) The following paragraph 6 is added to § 22:

" (6) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is authorized to register for waste generators, other than private households, and for authorized persons or specialist institutions in the register pursuant to section 22 (1) next to the Use identification numbers to use the waste management master data as referred to in paragraph 1a (1) to (4) and (10). The waste producers and the authorized specialists and specialist institutions shall be involved in the collection of these data. "

25. § 23 (3) Z 1 reads as follows:

" 1.		the requirement for waste to be examined for classification of a type of waste or for certain qualities and uses, and the nature of the sampling and measurement procedure, including the nature and form of the relevant waste; Records; of the obligation of the investigation into the implementation of Decision 2003 /33/EC laying down criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999 /31/EC, OJ L 327, 22.12.1999, p. No. OJ No L 11, 16. 1. 2003, S 27, in a regulation in accordance with § 65 (1); "

26. § 23 (3) Z 3 reads:

" 3.		The nature and form of the notifications to the authorities pursuant to this Federal Act or regulations issued pursuant to this Federal Act and the form of transmission of the data to the authorities of these reports and the records and documents in accordance with § § § § § § § § § § § § § § § § § 15 (6), 17 (5) and 75 (75), including the requirements for the forgery-proof transmission of data on waste assessment; "

27. The following sentence shall be added to section 24 (1):

"The advertisement can be made in consultation with the Governor of the Land via the register in accordance with § 22 (1)."

28. § 24 (6) Z 1 reads:

" 1.		For the treatment of non-hazardous waste, the Landeshauptmann, in the province of which the waste treatment centre has its seat, is responsible for the treatment of non-hazardous waste. If the seat of the waste treatment agent is not in the federal territory and either the treatment is carried out in a mobile treatment facility or a permissible treatment is carried out on site, then the regional governor is responsible for the first time in the province of which the mobile treatment plant, or to treat the waste on site. "

29. In § 25 (5), Z 3 and 4 and the following Z 5 shall be added:

" 3.		who has been convicted by a court
a)			because of fraudulent Krida, damage to foreign creditors, favouring a creditor or grossly negligent impairment of creditor interests (§ § 156 to 159 of the Criminal Code (StGB), BGBl. No 60/1974), or
b)			in respect of any other criminal offence, a custodial sentence exceeding three months, or a fine of more than 180 daily rates, and
		the conviction has not yet been erafied. This also applies if a similar offence has been achieved abroad,
4.		the assets of which the bankruptcy of the bankruptcy proceedings is likely to have not been opened in a legally valid manner in the absence of an asset which is likely to be sufficient to cover the costs of the bankruptcy proceedings, and the period in which the insolvency file shall have access to the said insolvency case. is granted, has not yet expired. This shall also apply where a comparable event has been carried out abroad, or
5.		which are due to the financial charges of smuggling, the evasion of entry and exit taxes, the deprivation of the goods according to § 37 para. 1 lit. a of the Financial Criminal Law, BGBl. No 129/1958, the evasion of monopoly revenues, the deliberate intervention into a state monopoly or the monopoly hehlery in accordance with § 46 para. 1 lit. a of the Financial Criminal Law has been punished by a financial criminal authority if, on account of such a financial offence, a fine of more than EUR 726 has been imposed or, in addition to a fine, a custodial sentence has been imposed, and if, since the Punishing not five years have passed. This also applies if a comparable event has been achieved abroad. "

30. § 25 (8) is deleted.

31. § 25 (9) Z 1 reads:

" 1.		For a permit for the treatment of hazardous waste, the Governor of the State in whose Land the waste treatment is located shall be the Governor of the State. If the seat of the waste treatment agent is not in the federal territory and either the treatment is carried out in a mobile treatment facility or a permissible treatment is carried out on site, then the regional governor is responsible for the first time in the province of which the mobile treatment plant, or to treat the waste on site. "

32. In § 28 (1), after the word "Problem substances" an inversion and the phrase "with the exception of WEEE in accordance with a regulation in accordance with § 14 (1)," inserted.

33. According to § 28, the following § 28a and heading is inserted:

" Collection of WEEE from private households

§ 28a. The municipalities (municipal associations) have to set up a delivery point for waste electrical and electronic equipment from private households. The municipalities (municipal associations) have to announce the issuing office and its opening hours. Waste electrical and electronic equipment shall be at least free of charge at these outlets. From a quantity threshold to be determined in a regulation in accordance with Article 14 (1), at least twice in the calendar year, the municipalities (municipal associations) may report a pick-up requirement to the coordinating body according to § 13b; the collection and collection requirements. The treatment category referred to in Article 14 (1) and the collection containers used shall be indicated. "

34. In § 29 (4), Z 4 and the final part are:

" 4.		the collection and recycling system promotes the prevention of waste; collection and recycling systems for waste electrical and electronic equipment also have to promote the re-use of WEEE as a whole.
In addition, the collection and recycling system must be established and operated as a whole for at least one collection and treatment category in accordance with a regulation in accordance with § 14 (1) and subject to a regulation pursuant to § 14 (1) of an agreement with the coordinating body on the collection of waste from collection points (discharge points), the collection infrastructure, the information provided to the final consumer and the establishment of a place of closure, and the collection of waste from the collection points (discharge points), the financing of the collection infrastructure and the information provided to the final consumer; complete. The approved collection and recycling systems are to be published on the website of the Federal Ministry for Agriculture, Forestry, Environment and Water Management. "

35. The following sentence shall be added to section 32 (1):

"The collection and recovery systems have to publish a list of participants."

36. In § 34 (1), after the word order "the Federal Ministry of Agriculture, Forestry, Environment and Water Management" the phrase " and two representatives of the federal states " inserted.

37. In § 37 (4) the entry rate is:

"The following measures shall be notified to the Authority, except where an authorisation requirement has been submitted in accordance with paragraph 1 or 3:"

38. In Section 37 (4), the half-sentence in Z 1 and 2 shall be deleted. "provided that it does not constitute a substantial change" and the spreads in front of these half-sets.

39. § 38 (3) reads as follows:

" (3) In the approval procedure and the notification procedure for treatment facilities subject to § § 37, 52 and 54, according to the provisions of the 8. Section of the Employees ' Protection Act, BGBl. No 457/1995, to take account of the concerns of workers ' protection. "

40. § 38 (6) third sentence reads:

" The provincial governor as the competent plant authority may, in whole or in part, with the implementation of the

1.		a procedure or
2.		the procedure for certain types of assets
to decide on their behalf. "

41. The following paragraph 9 is added to § 38:

"(9) If an IPPC approval is required according to the regulations to be applied in accordance with § 38, § 6 para. 6, § 39 para. 3, § 40, § 42 (1) Z 13 and 14, § 43 (3) and 6, § 47 (3), § 57, § 60 and § 78 (5) shall apply."

42. In § 39 (3) the following Z 7a is inserted:

" 7a.		the main alternatives examined by the applicant, where appropriate, in an overview; "

(43) In § 40 (1) and (1a) and (1b) the following shall be inserted:

" (1) The application for a permit pursuant to § 37 (1) for

1.		an IPPC treatment plant or
2.		a incineration or co-incineration plant subject to a regulation in accordance with Article 65 (1);
is to be published in two daily newspapers in the state and on the website of the authority. The notice shall indicate to which authority the application and the main decision-making reports and recommendations, which are available to the Authority at that date, within a given period of at least six weeks. the time limit for inspection shall be based on the date on which such documents may be provided and that any person may submit comments on the application within that period. In addition, the notice shall indicate that the decision shall be made with a decision and, where appropriate, the fact that consultations shall be required pursuant to paragraphs 2 to 5.

(1a) Other decision-making information which is not yet available at the time of publication of the application for authorisation shall subsequently be submitted to the Authority during the authorisation procedure for inspection.

(1b) An authorisation decision pursuant to § 37 (1) for an IPPC treatment plant or a combustion or co-incineration plant subject to a regulation pursuant to § 65 (1) shall be established at the authority of the Authority for at least six weeks. The requirement shall be made known in a suitable form. The notice shall contain information on the procedure for participation by the public. "

44. § 41 reads:

" § 41. The announcement of oral proceedings pursuant to § 37 (1) shall be made in the proceedings of the first instance in addition to publication on the website of the Authority. "

45. In § 42 (1), the entry rate shall be based on the text of the string "in accordance with § 37" the string " 1 " inserted.

46. § 42 (1) Z 8 reads as follows:

" 8.		the environmental attorney; the environmental lawyer can invoke compliance with the rules of nature protection in the proceedings; the environmental authority is granted the right to take legal remedies and to appeal pursuant to Art. 131 (2) B-VG to the Administrative Court, "

47. In § 42 (1) (12), the point shall be replaced by an accoration and the following Z 13 and 14 shall be added:

" 13.		Environmental organisations recognised in accordance with Article 19 (7) UVP-G 2000 in proceedings relating to IPPC treatment facilities in so far as they have collected written objections during the application period pursuant to § 40; the environmental organisations may comply with the requirements of of environmental legislation in the proceedings, and take legal action,
14.		environmental organisations from another Member State,
a)			where the establishment, operation to be approved or the substantial modification of the IPPC treatment plant to be approved has been notified by the other State in accordance with Article 40 (2),
b)			provided that the establishment, the operation to be approved or the substantial modification of the IPPC treatment plant to be approved is likely to have an effect on that part of the environment of the other State for whose protection the environmental organisation,
c)			provided that the environmental organisation in the other State could participate in the authorisation procedure relating to an IPPC treatment facility, if the IPPC treatment plant is established, operated or substantially altered in the other State; and
d)			as far as they have been subject to written objections during the application period in accordance with § 40; the environmental organisations may invoke the compliance with environmental protection rules in the proceedings and take legal action. "

48. In § 43 (4), the following sentence shall be inserted after the first sentence:

"This shall also apply if, in individual cases, due to compliance with the provisions of the state of the art of a regulation in accordance with Section 65 (1), the interests which are to be perceived in accordance with § 43 are not sufficiently protected."

49. In § 50 (1) the string shall be "41," is deleted.

50. In § 50 (4) the word order shall be "as a subjective right" is deleted and the following sentence is added:

"The environmental authority shall be granted the right to lodge a complaint to the Administrative Court pursuant to Art. 131 (2) B-VG."

51. The following sentence is added to Article 51 (4):

"In addition to the owner of the treatment facility, the Labour Inspectorate has a party position in accordance with the Labour Inspectorate Act 1993."

52. § 52 (3) reads:

" (3) In addition to the applicant, the Labour Inspectorate, in accordance with the Labour Inspection Act 1993 and the Environmental Attorney of the Federal State in which the application was made, have party status. The environmental attorney has the right to assert the safeguarding of the public interests in accordance with § 1 para. 3, to take legal remedy and to lodge a complaint to the Administrative Court pursuant to Art. 131 (2) B-VG. "

53. In § 52 (4), after the string "pursuant to § 43 (1) Z 1 to 6" the phrase "related to the impact of the mobile treatment plant" inserted.

54. The following paragraph 6 is added to § 52:

" (6) If the owner of a mobile treatment facility intends to set up a measure, which is cited in § 37 (4), he has to notify this measure. § 51 shall be applied on the condition that it is to be expected that the conditions laid down in § 43 (1) (1) (1) to (6) shall be met in relation to the effects of the mobile treatment facility. "

55. The following paragraph 2a is inserted in § 53:

" (2a) The Authority, in whose local area of responsibility the mobile treatment facility is situated and operated, may, on request, depart from compliance with individual requirements if the interests to be perceived in accordance with section 43 are also applicable shall be sufficiently protected without complying with these conditions. "

56. § 54 (1) reads:

" (1) The establishment, operation and substantial modification of

1.		publicly available waste collection centres for municipal waste, or
2.		Publicly accessible collection points for problem substances
require approval by the authority, provided that they are not subject to the permit requirement in accordance with § § 74 ff GewO 1994. It must be stated in the application that the public interests (Section 1 (3)) will not be affected. "

57. The following sentence is added to Section 54 (4):

"In addition to the applicant, the Labour Inspectorate has a party position in accordance with the Labour Inspectorate Act 1993."

58. In § 57 (2) and (3) and (4) the following shall be added:

" (2) The Authority shall, before the end of the ten-year period, also order the appropriate measures in accordance with paragraph 1, if:

1.		significant changes in the state of the art allow a significant reduction in emissions without causing disproportionately high costs, or
2.		operational safety requires the use of other techniques.

(3) Where the pollution caused by the IPPC treatment plant is so significant that new emission limit values are to be established, the Authority shall have the holder of the IPPC treatment plant to present a refurbishment concept as a Request an application for a substantial change in accordance with § 37 (1) within a reasonable period of time. A start and completion date for the implementation of the necessary implementing measures shall be laid down in the notification of approval.

(4) If pollution is so serious that the health, life or property is not sufficiently protected, or if one of the periods referred to in paragraph 1 is not, despite repeated reminders, not having regard to the legal consequences , the Authority shall have the closure of the plant or parts of the plant from which the pollution originates. The disposal shall be cancelled if the necessary implementing measures are completed. "

The second sentence of section 73 (6) reads as follows:

" For forest areas, which are the forest law, BGBl. No 440/1975, the provisions of paragraphs 1 to 3 shall not apply. '

Section 73 (7) reads as follows:

" (7) For treatment orders, the competent authority of the first instance shall be the District Administrative Authority, the Appellate Body of the Landeshauptmann, unless otherwise specified in the following. The competent authority of the Federal State Governor, the Appellate Body of the Federal Ministers for Agriculture, Forestry, the Environment and Water Management is the competent authority of the Federal Minister for Agriculture, Forestry, the Environment and Water Management for treatment orders in accordance with paragraph 4. to entrust the district administrative authority in whole or in part to the procedure referred to in paragraph 4 and to authorise it to decide on its behalf. "

61. § 75 para. 2 reads:

" (2) The verification of compliance with obligations in accordance with § § 13 to 13f and obligations laid down by a regulation in accordance with § 14 concerning packaging, end-of-life vehicles or WEEE shall be the responsibility of the Federal Minister for Agriculture, Forestry, Environment and Water Management. "

62. In § 77 (1) Z 11, after the string "§ 30 AWG 1990" the phrase "or waste collection centres approved according to national provisions" inserted.

63. The following sentences are added to § 77 (4) Z 3:

' A mobile installation which exists on 2 November 2002 may also be approved if the engine used has complied with the state of the art at the time of the erection of the mobile installation, in which case the authorisation shall be valid until 31 December In 2009, an extension of the authorisation shall be permitted only if a motor corresponding to the state of the art is installed. "

64. § 77 (8) is deleted.

Section 78 (1) reads as follows:

" (1) The new waste codes defined in accordance with § 4 (waste list), which correspond to the European Waste List, shall be 1. Jänner 2009 binding. In the period of 1. Jänner 2005 to 31 December 2008 granted allowances for the collection or treatment of waste or plant permits also have to contain the new names of the waste types. In addition, the Authority has in the period of 1. From 2005 to 31 December 2008, at the request of the Commission, the new names of the types of waste are to be identified as being the names of the names contained in the authorisation to collect or treat waste or in the plant authorisation; or Descriptions correspond; party status is the owner of the entitlement or the asset. In so far as the names of the authorisation for the collection or treatment of waste or for the authorisation of a plant have not been established in accordance with the second and third sentences, the Authority shall, as from 1 January 2011, be entitled to: In order to determine the new names of the types of waste, which correspond to the names contained in the plant approval or the authorisation to collect or treat waste, from its own position in 2008, it is in fact party to the party position the holder of the entitlement or the asset. "

66. The following paragraphs 7 and 8 are added to § 78:

" (7) Waste collectors and handlers, which are on the 1. In accordance with § § 77 (1) of the German Law on the Rights of the Law of the European Union, in accordance with § 77 (1) of the German law, in accordance with § § 77 (1) (1) (1) (1) (1) (1) the data have been transferred electronically by 31 July 2005 in accordance with § § 21 (1) Website of the Federal Environment Agency (Umweltbundesamt) to register. If no technical possibilities for electronic transmission are available to the waste collector and handler, it can contribute to the Federal Environment Agency's registration in writing against a cost contribution of 40 euros. In the case of registration, the number of the waste owners must be provided, if any. The assigned internationally standardized identification numbers are in the records and notifications pursuant to this Federal Act or regulations issued pursuant to this Federal Act, on an ad according to § 7 and in the case of a notification in accordance with EC Movement V.

(8) § § 8a and 8b are not applicable to a federal waste management plan, the first formal preparatory act of which was prepared before 21 July 2004 and which will be published no later than 21 July 2006. "

(67) In § 79 (1), Z 8, 9 and 13 and the following Z 11a are inserted:

" 8.		operate a collection and recovery system without authorisation in accordance with § 29, or do not comply with 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,
9.		establishes, operates, operates or modifies a treatment facility without being in possession of the authorisation required under section 37,
11a.		, as authorized person or specialist institution, conducting investigations contrary to a regulation pursuant to § 4, § 5, § 7, § 23 or § 65 (1) or contrary to the state of the art,
13.		Contrary to § 57 of the obligation to adapt, the orders or the obligation to apply or, contrary to § 78 (5), the obligation to adapt does not comply or, contrary to § 57 (3) of the start of construction or completion of construction, does not comply with the time limit, "

68. In § 79 (2) the Z 1, 10 and 17 and the following Z 2a are inserted:

" 1.		the provisions of a regulation in accordance with § 4, § 5 (2), § 14 (1) or (2b) or § 23 (1) or (2), with the exception of recording, storage, presentation, proof and reporting obligations, "
" 2a.		contrary to § 13a (3), "
" 10.		Measures in accordance with § 37 (4) or § 52 (6) without an indication or-in the case of § 37 (4) Z 1, 2, 4 or 8-without notice, "
" 17.		In breach of § 63 (1) or (4) or section 76 (8) in conjunction with paragraph 9, waste at a landfill site, "

69. In § 79 (3) the Z 1 and the following Z 8a and 10a are inserted:

" 1.		contrary to § 5 para. 4 or 5, § 7 para. 1 or 7, § 13, § 15 para. 6, § 16 para. 2 Z 5, § 17 para. 1, 3, 4 or 5, § 18 para. 3, 4 or 5, § 20, § 21, § 29 para. 8, § 25 para. 2 Z 2, § 31 para. 2 Z 2, § 32 para. 4, § 35 para. 3, § 60, § 61 para. 2 or 3, § 64 or § § § § § § § § § § § § § 61 (2) § § § § § 61 (2) 5 or 6, § 78 para. 7 or contrary to a regulation pursuant to § 4, § 5, § 14 para. 1 in conjunction with paragraph 2 Z 9, § 14 para. 2b, § 23 para. 2 or 3, § 36 Z 4 or § 65 para. 1 Z 4 the recording, storage, presentation or reporting, information or reporting. Non-disclosure requirements or registration requirements shall not be complied with, "
" 8a.		contrary to § 21 (2b) or § 22 (6), does not participate in the collection of data, "
" 10a.		Contrary to Section 32 (1), no list of participants is published, "

70. § 80 (1) reads:

" (1) In the cases of § 79 paragraph 1 Z 1 in connection with § 15 para. 3 last sentence, § 79 para. 1 Z 7, § 79 paragraph 2 Z 3 in connection with § 15 para. 3 last sentence and § 79 para. 2 Z 18, 19, 22 or 23, the attempt is punishable. Furthermore, in the cases of Section 79 (2) (18), (19), 22 or 23, the place of the company's registered office shall be deemed to be the place of crime, unless the registered office of the undertaking is within the scope of this Act, the establishment of the undertaking, provided that no establishment is established in the The scope of this law shall be the place of holding or, if there is no maintenance at the local scope of this Federal Law, the place of crossing the border. "

71. The following sentence is added to Section 83 (1):

"If the customs authorities have concerns that a case is a waste subject to notification in accordance with the provisions of the EC Shipments, the customs authorities have to initiate a fixing procedure (Section 6 (1))."

72. In § 83 (3), after the word order "Approval pursuant to § 69 (1)" the phrase "or any other necessary consents in accordance with the EC Shipments" is inserted and the following sentence is added:

" The arrangement of the interruption shall be deemed to be revoked if the required documents in accordance with this Federal Act and in accordance with the EC Shipments V for the continuation of the shipment or the repatriation pursuant to Art. 26 of the EC Shipments V of the customs office will be presented. "

73. § 83 (5) and (6).

74. The following paragraph 7 is added to § 87:

" (7) The Federal Minister for Agriculture, Forestry, Environment and Water Management is entitled, for the purpose of keeping a register pursuant to § 22, to inspect the company's book in accordance with the Company Book Act, BGBl, on a path to be provided by automation. No. 10/1991, the association register in accordance with the association law, BGBl. I n ° 66/2002, and the supplementary register in accordance with Section 6 (4) of the eGovernment Act, BGBl. I n ° 10/2004, and take over the data, which are also waste-economic master data, from these registers. The commercial authorities are obliged to submit the necessary data to the Federal Minister for Agriculture, Forestry, Environment and Water Management for the purpose of keeping a register pursuant to Section 22 (1). "

75. § 89 Z 3 lit. a is:

" (a)			Directive 2002/96/EC on waste electrical and electronic equipment (WEEE), OJ L 327, 28.2.2002 No. OJ No L 37, 13. 2. 2003, p. 24, as amended by Directive 2003 /108/EC, OJ L 327, 28.10.2003, p. No. OJ L 345, 31. 12. 2003, S 106. "

76. In § 89, in the Z 4 according to the lit. d the point replaced by a stroke point and the following lit. e to g are added:

" e)			Decision 2003 /33/EC laying down criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999 /31/EC, OJ L 175, 5.7.2003, p. No. OJ No L 11, 16. 1. 2003, S 27;
f)			Directive 2003 /35/EC concerning public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending Council Directives 85 /337/EEC and 96 /61/EC as regards public participation and access on justice, OJ C 327 No. OJ L 156 of 25. 6. 2003, S 17;
g)			Directive 2001 /42/EC on the assessment of the effects of certain plans and programmes on the environment, OJ L 197, 21.7.2001 No. OJ L 197 of 21. 7. 2001, S 30. "

77. § 91 (3) reads:

" (3) § 17 para. 4 in the version of the Federal Law BGBl. I n ° 102/2002 shall enter into force 1. Jänner 2005 in force. Section 21 (3) in the version of the Federal Law BGBl. I n ° 102/2002 shall enter into force 1. Jänner 2006 in force. The annual balance sheet shall be reported for the first time for the calendar year 2005. "

(78) The following paragraphs 7 to 10 are added to § 91:

" (7) The table of contents, § 2 para. 5 and 8, § 3 para. 1, § 6 para. 6, § 7 para. 1, § 8 para. 1 and 4, § § 8a and 8b, § § 13a bis 13f, § 14 para. 2a and 2b, § 15 para. 3, § 18 para. 3 and 5, § 20 para. 5, § 21 para. 1 to 2d and 5, § 22 para. 1, 1a, 2 and 6, § 23 (1) and (6), § 25 (5) and (9), § 29 (4), § 32 (1), § 34 (1), § 37 (4), § 38 (3), (6) and (9), § 39 (3), § 40 (1) to 1b, § 41, § 42 (1), § 43 (4), § 50 (1) and (4), § 51 (4), § 52 (3), 4 and 6, § 53 Section (2a), § 54 (1) and (4), § 57 (2) to (4), § 73 (6) and (7), § 75 (2), § 77 (1) and (4), § 78 (1), (7) and (8), § 79 (1) to (3), § 80 (1), § 83 (1) and (3), Article 87 (7), Article 89 (3) and (4) and Annex 7 in the Constitution of the Federal Law BGBl. I n ° 155/2004 shall be 1. Jänner 2005 in force. At the same time, § 25 (8), Section 77 (8) and § 83 (5) and (6), in the version in force at this point in time, do not take effect.

(8) § § 28 (1) and (28a) in the version of the Federal Law BGBl. I No 155/2004 will enter into force on 13 August 2005.

(9) Section 15 (6) and Annex 5, Part 1, Z 5, as amended by the Federal Law of the Federal Republic of Germany (BGBl). In accordance with Article 65 (1) of Regulation (EC) No 155/2004, Article 65 (1) of Regulation (EC) No 155/2004 provides for the entry into force of a regulation on landfill Jänner 2007 in force.

(10) § 2 para. 8 Z 3, § 39 paragraph 3 Z 7a, § 40 para. 1 to 1b and § 42 paragraph 1 Z 13 and 14 in the version of the Federal Law BGBl. I n ° 155/2004 shall apply to applications for authorisation which shall be submitted after 31 May 2005. Section 57 (2) to (4) in the version of the Federal Law BGBl. I n ° 155/2004 shall apply to proceedings initiated after 31 May 2005. '

79. Annex 5, Part 1, Z 5 reads:

" 5.		Landfill sites with a capacity of more than 10 tonnes per day or a total capacity exceeding 25 000 tonnes, with the exception of land excavation and waste disposal sites, in accordance with a regulation in accordance with Article 65 (1). "

80. In accordance with Annex 6, the following Annex 7 is added:

" Annex 7

Strategic Environmental Assessment-Federal Waste Management Plan

Part 1

Criteria for the assessment of whether the implementation of the Federal Waste Management Plan will have a significant impact on the environment

1.	Characteristics of the Federal Waste Management Plan, in particular in relation to
-		the extent to which the plan sets a framework for projects and other activities in terms of location, type, size and operating conditions, or through the use of resources,
-		the extent to which the plan influences other plans and programmes, including those in a planning or programme hierarchy,
-		the importance of the plan for the integration of environmental considerations, in particular with regard to the promotion of sustainable development,
-		the environmental problems relevant to the plan;
-		the importance of the plan for the implementation of the Community's environmental legislation.
2.	Characteristics of the effects and likely areas likely to be affected, in particular with regard to:
-		the probability, duration, frequency and reversibility of the effects,
-		the cumulative nature of the impact,
-		the cross-border nature of the effects,
-		the risks to human health or the environment (e.g. in the case of accidents),
-		the extent and spatial extent of the effects (geographical area and number of persons likely to be affected),
-		the importance and sensitivity of the area likely to be affected due to the following factors:
-			special natural features or cultural heritage,
-			exceeding the environmental quality standards or limit values,
-			intensive land use,
-		the effects on areas or landscapes whose status is recognised as being national, Community or international.

Part 2

Contents of the environmental report

The following information shall be included in the environmental report:

1.	a brief description of the content and key objectives of the Federal Waste Management Plan, as well as the relationship with other relevant plans and programmes;
2.	the relevant aspects of the current state of the environment and its probable development in the event of failure to implement the plan;
3.	the environmental characteristics of the areas which are likely to be significantly affected;
4.	all current environmental problems relevant to the plan, taking particular account of the problems relating to areas with a specific environmental relevance, such as those referred to in Directive 79 /409/EEC on the conservation of the environment wild birds, OJ L 327, 22.7. No. OJ L 103 of 25. 4. 1, as last amended by Regulation (EC) No 807/2003, OJ L 245, 29.7.2003, p. No. OJ No L 122, 16. 5. 2003, S 36, or Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. No. OJ No L 206, 22. 7. OJ 1992, S 7, as last amended by Regulation (EC) No 1882/2003, OJ L 297, 21.7.2003, p. No. OJ No L 284, 31. 10. 2003, S 1, designated areas;
5.	the environmental protection objectives laid down at international or Community level or at the level of the Member States, which are relevant to the plan, and the way in which these objectives and all environmental considerations are taken into account in the preparation of the plan; have been considered;
6.	the likely significant environmental impact 1 , including the impact on aspects such as biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, property values, cultural heritage including the architecturally valuable Buildings and archaeological treasures, the landscape and the interrelation between the above factors;
7.	the measures planned to prevent, reduce and, as far as possible, compensate for significant negative environmental effects on the basis of the implementation of the plan;
8.	a summary of the reasons for choosing the alternatives examined and a description of how the environmental assessment has been carried out, including any difficulties encountered in compiling the necessary information (for example, technical gaps or lack of knowledge);
9.	a description of the planned measures to monitor the implementation of the plan;
10.	a non-technical summary of the information described above. "

Fischer

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