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Change The Gewo 1994, Of The Estate Agents Act, Of The German Insurance Contract Law, The Insurance Supervision Act And The Banking Act

Original Language Title: Änderung der Gewerbeordnung 1994, des Maklergesetzes, des Versicherungsvertragsgesetzes, des Versicherungsaufsichtsgesetzes und des Bankwesengesetzes

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131. Federal Law, with which the Commercial Code of 1994, the brokerage act, the Insurance Contracts Act, the Insurance Supervision Act and the Banking Act are amended

The National Council has decided:

Article I

Amendment of the Industrial Regulations 1994

The Industrial Order 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I n ° 118/2004 and the BGBl agreement. I No 109/2003, shall be amended as follows:

Section 1

Implementation of Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation

1. In § 2 (1) (14), the line point shall be replaced by one point and the following sentence shall be added:

"As far as the BWG does not provide for special regulations, the provisions of this Federal Act, with the exception of the provisions relating to operating facilities, shall apply to the exercise of insurance mediation by credit institutions."

Section 13 (4) reads as follows:

" (4) Legal entities are excluded from the rationale of a commercial law involving the activities of insurance mediation, except in the cases provided for in paragraph 3, if the bankruptcy of the business has been opened and the period of time of the bankruptcy of the contract is excluded. Access to the insolvency file has not yet expired. This also applies to the implementation of a similar situation abroad. The reason for the exclusion does not exist if, in the course of the bankruptcy proceedings, it comes to the conclusion of a penalty payment and the same has been fulfilled, or if, in the course of the bankruptcy proceedings, the court has confirmed the debtor's payment plan and the payment plan has been fulfilled or, after a levies procedure has been carried out, the balance of residual debt has been granted and has remained unrevoked. "

3. In § 26 (2), the reference "pursuant to section 13 (3)" by reference "pursuant to section 13 (3) or (4)" replaced.

(4) The following paragraph 6 is added to § 32:

" (6) traders are, if the insurance represents a supplement to the goods or services provided in the context of the main activity, in accordance with the provisions of Sections 137 to 138 and the other provisions relating to: Insurance mediation can also be used for insurance mediation activities. The exercise of this right shall only apply after the provision of the evidence and registration in accordance with the said provisions. "

5. In § 37 (4), after the expression of the staples the following words shall be inserted and the following words shall be inserted:

"the activity of insurance mediation"

(6) § 87 is amended as follows:

6.1. In paragraph 1 (2), the word shall be: "and" by the word "to" replaced.

6.2. In paragraph 1 Z 4, after the words: "to be feared" the point by the word "or" replaced.

6.3. In paragraph 1, the following Z 5 is added:

" 5.

In the sense of Section 137c (5), a professional indemnity insurance or any other liability insurance shall be omitted. "

6.4. In paragraph 2, after the word "Assets" the words "or in the event of an entitlement to activities of insurance mediation, due to the opening of the bankruptcy" inserted.

(7) § 94 is amended as follows:

7.1. Z 75 is:

" 75.

Commercial Property Advisory "

7.2. Z 76 is:

" 76.

Insurance mediation (insurance agent, insurance broker and insurance policy advice) "

7.3. Z 77 is deleted.

8. § § 136a to 138 together with headings are replaced by the following provisions:

" Commercial investment advice

§ 136a. (1) The Commercial Property Adviser (§ 94 Z 75) shall be entitled to

1.

Advice on setting up, securing and maintaining assets and financing, with the exception of advice relating to financial instruments (§ 1 para. 1 Z 19 of the Banking Act, BGBl. No 532/1993, as amended),

2.

Mediation of

a)

Assessment and investment, excluding financial instruments (Section 1 (1) (19) of the Banking Act),

b)

Personal credit and mortgage credit and finance; and

c)

Life and accident insurance.

(2) With regard to the mediation of life and accident insurance, the commercial property consultant shall be subject to the provisions of Sections 137 to 138 and the other provisions concerning insurance mediation.

(3) Commercial Property Advisers (§ 94 Z 75) shall also be entitled to engage in activities within the meaning of this provision in the event of compliance with the terms of Section 19 (2a) of the Securities and Markets Act. Section 21a of the Securities and Markets Act shall apply mutatily to these activities.

Insurance mediation

§ 137. (1) The activity of insurance mediation is to offer, propose or carry out other preparatory work to conclude insurance contracts or to conclude insurance contracts or to participate in the activities of insurance mediation. in their management and performance, in particular in the event of damage. In particular, it may be concerned with insurance agents-or insurance brokerage activities within the meaning of the Insurance Contract Law (VersVG), BGBl. No 2/1959, in the current version, and the brokerage act, BGBl. No 262/1996, as amended.

(2) According to this federal law, the activity of insurance mediation-in accordance with the actual relationship with insurance undertakings-may be in the form of "insurance agent" or in the form of " insurance brokers and advisers in Insurance matters " take place in the scope of a commercial authorization according to § 94 Z 75 or Z 76 or as an anceming business. In the case of an ancillary business, it may either be a right within the scope of an entitlement under this federal law within the meaning of section 32 (6) or a secondary activity in order to supplement it within the framework of a main professional activity on the basis of another Law delivered goods or services provided.

(3) The provisions relating to insurance mediation shall apply in the same way to reinsurance mediation.

(4) Other self-employed, non-professional, non-professional professions shall not be allowed to establish insurance mediation activities without giving rise to an appropriate industrial authorization.

(5) The provisions of para. 1 to 4 and § § 137a to 138 and the other provisions on insurance mediation shall not apply to persons who offer mediation services for insurance contracts, if all the following Conditions are met:

a)

only knowledge of the insurance cover offered is required for the insurance contract concerned;

b)

The insurance contract is not a life insurance contract,

c)

the insurance contract does not cover liability risks,

d)

the person concerned does not carry out the insurance mediation in the main occupation,

e)

the insurance provides an additional service for the delivery of goods or services. the provision of a service by any provider, if the insurance cover is covered by:

aa)

the risk of a defect, loss or damage of goods supplied by the supplier concerned; or

bb)

Damage or loss of luggage and other risks related to a trip booked with the provider concerned, even if the insurance covers life insurance or liability risks, provided that the cover is additionally covered by the insurance cover. on the main insurance cover for risks related to this journey, and

f)

the annual premium does not exceed EUR 500, and the insurance contract has a total duration, including any renewals, of a maximum of five years.

(6) The provisions of para. 1 to 4 and § § 137a to 138 and the other provisions relating to insurance mediation shall not apply if:

1.

information provided in connection with another professional activity which is not intended to assist the customer in the conclusion or handling of an insurance contract,

2.

the professional management of the claims of an insurance undertaking or the settlement of claims and expert work relating to claims shall be carried out.

Other definitions

§ 137a. (1) Insurance intermediary shall be any natural or legal person or person holding company engaged in the activity of insurance mediation against remuneration. Activities shall not be considered as insurance mediation if they are carried out by an insurance undertaking or an employee of an insurance undertaking which is acting under the responsibility of the insurance undertaking.

(2) "durable medium" shall mean any medium which enables the consumer to store information personally addressed to him in such a way that it is obtained during a period of time appropriate for the purpose of the information , and which allows the unchanged reproduction of the stored data. This includes in particular diskettes, CD-Rome, DVDs and the hard drives of computers on which electronic mail is stored, but not an Internet site, unless it complies with the criteria set out in the first sentence.

Professional requirements

Good Leumund and Ability

§ 137b. (1) The sole proprietor or, in the case of companies (§ 9 para. 1), at least one third of all persons belonging to the management body of a company who are responsible for insurance mediation, as well as all persons directly involved in the Insurance mediation employees have the necessary professional competence to possess them. This can be fulfilled either by the certificate of competency for business insurance mediation or commercial investment advice or in accordance with § 19 by relevant training courses or by adequate usage times.

(2) With regard to the employees directly involved in insurance mediation, it is sufficient to provide proof of internal training with regard to the products sold or comparable training.

(3) If the activity of insurance mediation is carried out exclusively in the form of insurance agents and neither premiums nor amounts determined for the customer are received and the activity is carried out on the basis of an ancesial business, it may be possible to: the professional competence, provided that a Regulation provides for this in accordance with § 18, by means of an assurance from the insurance undertaking (the insurance undertaking) of an education which meets the requirements relating to the products sold shall be carried out.

(4) With regard to professional competence in the case of secondary commercial activity and in the cases referred to in paragraph 2 and 3, more detailed rules may be laid down in a regulation in accordance with § 18.

(5) The persons belonging to the management body of a company and all employees directly involved in the insurance mediation shall not be excluded from the pursuit of a business in accordance with section 13 (1) to (4).

(6) The Authority shall periodically verify the existence of the requirements referred to in paragraphs 1 to 5, in the case referred to in paragraph 3, with the assistance of the insurance undertaking (the insurance undertaking) which has issued a confirmation (which shall be subject to confirmation). ). The persons entitled to the insurance mediation are obliged to keep the necessary records and to keep it evident and to enable the review if necessary.

(7) Insurance intermediaries registered in another EU/EEA Member State may also carry out the activity of insurance mediation in Austria within the framework of the free movement of services. This requires an understanding by the competent authorities of the home Member State of the competent authorities. If an establishment is established in Austria, the registration in the country of origin shall be the condition for registration in the insurance intermediary register on presentation of the evidence on which that registration is based, and a Proof of liability in accordance with § 137c. A procedure according to the VI. The main piece is omitted.

Liability insurance, procedural provisions

§ 137c. (1) In order to obtain an entitlement to the activity of insurance mediation, professional indemnity insurance covering the whole of the territory of the Community, or any other, the liability in the event of a breach of professional due diligence proof, economically and legally, at least equivalent comprehensive cover guarantee of at least EUR 1 000 000 for each individual claim and of EUR 1 500 000 for all claims of one year. The minimum amounts of insurance referred to above shall be increased or decreased as of 15.1.2008 and thereafter regularly every five years in accordance with the European Consumer Price Index published by Eurostat, on the basis of the following: next higher full euro amount will be available. Professional indemnity insurance must be carried out at a company which is authorised to operate in Austria. Austrian law must be applicable to the insurance contract and the court of jurisdiction must be Austria.

(2) Instead of the professional indemnity insurance or the cover guarantee referred to in paragraph 1, the insurance mediation activities shall apply if the insurance mediation is only for one or-if the insurance products are not in competition with each other- a number of insurance undertakings, including an insurance undertaking or reinsurance undertaking which is at least equivalent to that of an insurance undertaking or a reinsurance undertaking, in the name of which the insurance intermediary is acting or acting; , the full liability of liability shall be given. Several companies that have issued a liability declaration are in solidarity with where there is no direct accountability.

(3) In the case of the registration of the commercial investment advisory business (§ 94 Z 75), the activity of insurance mediation is not excluded by the scope of the business, and the business of insurance mediation (§ 94 Z 76) as well as in the case of the Justification of the ancesial business for insurance mediation is in addition to the requirements in accordance with § 339 paragraph 3 of the proof of professional indemnity insurance or any other liability insurance pursuant to para. 1 or 2 and to the extent customer money , the proof of separate customer accounts within the meaning of § 138 Paragraph 3. Where insurance agent activities are intended, each individual agency relationship, including the insurance sector (s), shall also be indicated. The applicant shall not begin to enter into the insurance intermediary register only from the date of registration.

(4) In the case of the insurer's freedom of access to the policyholder from professional indemnity insurance, the notification of the insurer shall apply to the competent authority of the insurance or reinsurance intermediary; and Concerning the liability of the insurer in the appearance of a third party the provisions of § 92 GewO 1994 and the provisions of § § 158b to 158i of the VersVG, BGBl. No 2/1959, in the current version. § 92 GewO 1994 and § § 158b to 158i of the VersVG are to be applied also for cases of other liability insurance in accordance with para. 1 or 2. Section 158c (2) of the VersVG shall apply with the proviso that the circumstance which results in the absence or termination of the insurance relationship shall become effective vis-à-vis the third party only after the expiry of two months after the insurer has The fact that the competent authority responsible for the management of the business register and the insurance intermediary register has indicated.

(5) In the event of the omission of professional indemnity insurance or any other liability insurance within the meaning of para. 1 or 2, the Authority shall immediately initiate a provisional deletion in the insurance intermediary register and shall have a If a new professional indemnity insurance or liability insurance is not immediately proved to be able to withdraw the right to trade within two months, the right to withdraw from the commercial vehicle is not immediately available. Section 361 (2) shall not apply in this case. There is no suspensive effect on appeals against withdrawal of education. The initiation of the trade-education process must be noted in the business register and in the insurance intermediary register. If an activity in another Member State is noted in the insurance intermediary register (§ § 365a Z 12 and 365b Z 9), the authority shall inform the competent foreign authorities of the deletion.

Communication of services and establishment in other Member States

§ 137d. (1) Any insurance intermediary registered in Austria who wishes to act for the first time in one or more other Member States within the framework of the freedom to provide services or the freedom of establishment shall inform the authority of its location with. This has to be carried out by the registration of the other Member States in the industrial register (§ § 365a Z 12 and 365b Z 9) and to arrange for the data to be forwarded without delay to the central commercial and insurance intermediary register.

Within one month of the notification referred to in paragraph 1, the Authority shall have the intention of the insurance intermediary to the competent authorities of the host Member States who have requested such information to the European Commission. to be known. The Commission shall take up its duties after one month after the notification has expired. It may commence its activities immediately if the host Member State does not require such information.

(3) In the event of an industrial authorization, the Authority shall inform the competent authorities of the host Member States which have requested information in accordance with paragraph 2.

(4) The Federal Minister for Economic Affairs and Labour informs the European Commission that the competent authorities are to be informed when an insurance intermediary from the EU/EEA countries wants to take action in Austria. The Federal Minister for Economic Affairs and Labour also informs the European Commission of the conditions under which insurance mediation is to be carried out in Austria and, where necessary, other measures to be published of these conditions.

(5) The Federal Minister for Economic Affairs and Labour shall designate the European Commission to all the authorities responsible for the application, exercise and termination of the business of insurance mediation, as well as the monitoring of compliance with the commercial-law provisions and the sanctioning of any injuries.

Exchange of information between Member States

§ 137e. (1) The authorities shall cooperate with the competent authorities of the other EU/EEA Member States in order to ensure the correct application of Directive 2002/92/EC on insurance mediation, OJ L 327, 31.12.2002, p. No. OJ L 9, 15.1.2003, p. 3.

(2) The authorities shall exchange with the competent authorities of the other EU/EEA Member States information on the insurance and reinsurance intermediaries against which a sanction has been imposed in accordance with § § 366 or 367, provided that such information is provided , to remove these intermediaries from the register. In addition, at the request of a competent authority of another EU/EEA Member State, the authorities shall exchange all relevant information with each other.

Exercise principles

Information requirements

§ 137f. (1) Insurance intermediaries have to act as such in business transactions. The documents and documents used in the insurance mediation shall contain the name and address, the industrial register number and the name "insurance intermediary".

(2) For insurance intermediaries only in the form of "insurance agent", paragraph 1 shall apply with the difference that they are to appear as such and to contain the notice "insurance agent" and all agency relationships as such and documents and documents .

(3) For insurance intermediaries only in the form of "insurance brokers and advisers in insurance matters", paragraph 1 shall apply with the difference that they shall act as such and the documents and documents shall be deemed to be "insurance brokers". and advisers in insurance matters ".

(4) The trader who has the right to provide insurance on the basis of an entitlement to a commercial investment advisory (§ 94 Z 75) shall, in the course of business and on papers and documents, have to point out that they are Insurance mediation in respect of life and accident insurance is justified. If the activity is carried out exclusively in the form referred to in paragraph 2 or in paragraph 3, the reference shall be taken into account in accordance with paragraph 2 or paragraph 3 of this Article.

(5) Business operators who have registered the activity of insurance mediation as a subsidiary sector shall indicate in commercial transactions and documents and documents relating to the anceshments. If the activity is carried out exclusively in the form referred to in paragraph 2 or in paragraph 3, the reference shall be taken into account in accordance with paragraph 2 or paragraph 3 of this Article.

(6) If there is an entitlement to receive premiums for the insurance undertaking or amounts determined for the customer, this shall also be made clear within the meaning of paragraphs 1 to 5.

(7) The insurance intermediary shall be obliged to ensure that, at the conclusion of each first insurance contract and if necessary if the contract is amended or renewed, the insurance intermediary shall provide the insurance customer with the following information prior to the delivery of the insurance contract. Contractual declaration of the customer shall be given:

1.

his name and address;

2.

in which register it has been registered and the way in which the registration is allowed to be verified;

3.

whether it holds a direct or indirect holding of more than 10 vH in the voting rights or in the capital of a particular insurance undertaking;

4.

whether a particular insurance undertaking or its parent undertaking holds, in its undertaking, a direct or indirect holding of more than 10% of the voting rights or of the capital;

5.

Information on complaints relating to insurance mediation.

(8) In the case of a counselling interview, the insurance intermediary shall be active either in the form of "insurance agent" or in the form of "insurance brokers and advisers in insurance matters". With regard to each individual contract offered, the insurance intermediary must inform the customer before submitting the customer's contract:

1.

whether it bases its Council on a balanced market investigation, in accordance with paragraph 9, or

2.

whether it is contractually bound and whether it is

a)

is obliged to make insurance mediation transactions relating to the contractual insurance product exclusively with an insurance undertaking.

In this case, it shall also inform the customer, on request, of the names of any other insurance undertakings to which he is bound by contract, with the customer being informed of this right, or

b)

it is not required to make insurance mediation transactions exclusively with an insurance undertaking in respect of the contractual insurance product, but that it does not rely on its advice on the basis of its contractual links to an insurance undertaking. balanced market investigation (Z 1).

In such a case, it shall also inform the customer of the names of the insurance undertakings with which he is entitled to carry out insurance operations and also to do so.

(9) In order to advise the customer on the basis of an objective investigation, the insurance intermediary shall be obliged to give his advice to an investigation within the meaning of § 28 Z 3 of the brokerage act, BGBl. No 262/1996, in the current version of insurance contracts offered on the market. In the case of paragraph 8, Z 2 lit. (b) this shall be limited to insurance contracts offered by insurance undertakings for which insurance intermediaries may and are also engaged in insurance transactions.

Consultation and documentation

§ 137g. (1) The insurance intermediary shall advise the customer, in accordance with the complexity of the insurance contract offered, in accordance with the information, wishes and needs of the customer. In the event of an insurance contract being concluded, the insurance intermediary shall, before submitting the contract of the customer, in particular on the basis of the information provided by the customer, at least its wishes and needs as well as the reasons for each of these to give a precise indication of a specific insurance product.

(2) The obligations laid down in paragraph 1 above and in accordance with § 137f (7) and (8) do not exist in the provision of insurance for major risks within the meaning of Article 5 (d) of Directive 73 /239/EEC on the coordination of the law, and Administrative provisions relating to the taking up and pursuit of the business of direct insurance other than life assurance, OJ L 327, 30.4.2002, p. No. 3., as amended by Directive 02/87/EC amending Directive 73 /239/EEC on the solvency margin of non-life insurance undertakings, OJ L 228, 16.8.1973, p. No. 17. and reinsurance mediation.

Details of the exchange of information

§ 137h. (1) The information and documentation to be supplied to the customer pursuant to § 137f (7) and (8) and § 137g are to be given as follows:

1.

on paper or on another durable medium which is available to the customer and accessible to the customer;

2.

in clear, accurate and comprehensible form for the customer;

3.

in German or in any other language agreed by the parties.

(2) By way of derogation from paragraph 1 Z 1, an oral exchange of information shall be sufficient if the customer wishes to do so on its own basis or if an immediate cover is required. In such cases, the information provided in accordance with paragraph 1 shall be provided immediately after the conclusion of the insurance contract.

(3) Where a telephone sale is concerned, the information given to the customer prior to the termination shall be in accordance with Community rules on the distance marketing of financial services to consumers. In addition, the information referred to in paragraph 1 shall be given in the form prescribed in that paragraph immediately after the conclusion of the insurance contract.

(4) The Federal Minister for Economic Affairs and Labour, after hearing the Federal Minister responsible for consumer protection matters and the Federal Minister for Justice, can provide a precise text for the exchange of information by regulation. 137f (7) and (8) and § 137g, and regulate the content and manner of the information to be provided to the customer.

Other provisions

§ 138. (1) An fee shall only be required for a consultation if this has been agreed in advance in detail. If it comes to the conclusion of an insurance contract in the same case, the fee claim in the amount of the commission shall not be paid. In case of dispute, a standard commission is to be used for the calculation in case of dispute.

(2) The insurance customer for the insurer or the insurer for insurance customers shall always be responsible for passing on strictly separate customer accounts held at a credit institution (open trustee accounts, other accounts). Cash received by the insurance intermediary shall be paid immediately to these customer accounts.

(3) Insurance intermediaries are also entitled to communicate building savings contracts and leasing contracts on movable property.

(4) In the event of compliance with the terms of Section 19 (2a) of the Securities and Markets Act, insurance intermediaries shall also be entitled to engage in activities within the meaning of this provision. Section 21a of the Securities and Markets Act shall apply mutatily to these activities.

(5) § § 137c iVm § 87 § § 85 and 86 apply mutagenally for the final discontinuation of insurance mediation (§ 137 (2)). In addition, the right ends with the ends of the main activity. This shall be notified to the Authority.

(6) Any changes to the data held in the insurance intermediary register shall be notified to the Authority without delay.

9. § 338 shall be amended as follows:

9.1. In § 338 (1), first sentence, after the word "make" the words "and to inspect all business documents and to secure evidence" inserted.

9.2 The following paragraph 8 is added:

"The Federal Ministry of Economics and Labour and the FMA are cooperating in the enforcement of the provisions on insurance mediation in accordance with this federal law as well as in accordance with the BWG and the VAG in mutual assistance."

(10) In § 365a (1) (10), the word shall be: "and" replaced by a dash, in Z 11 the point shall be replaced by a paint, and the following Z 12 to 15 shall be added:

" 12.

in the case of traders who have commercial financial advice (§ 94 Z 75), provided that the activity of the insurance mediation is not excluded by the scope of the trade, or insurance mediation, whether it is also only as a subsidiary business (§ 94 Z 76), including those other States of the Community in which the insurance intermediary is active, as well as the name, legal form and company book number, the liability of intended undertakings within the meaning of Section 137c (1) or (2) and the liability of a company with a view to the An indication as to whether the cover is in accordance with § 137c (1) or (2),

13.

an indication as to whether the business of insurance mediation is carried out in the form of "insurance agent" or in the form of "insurance brokers and advisers in insurance matters"; if the trade is carried out in both forms, such a business shall not be subject to Notice; in the case of industrial property consultants, provided that the activity of insurance mediation is not excluded by the scope of the trade, that insurance mediation is permissible with regard to life and accident insurance as well as with Traders who have registered the insurance mediation as a subsidiary (c) the words "ancancemy"; the insurance mediation shall be exercised exclusively in one of the forms mentioned, including in what form;

14.

all the agency relationships of a mediator, including the insurance branch (s), whereby the notification to the trade register shall also be made by the insurance undertaking and, indeed, in the form of an automated form of insurance. , and

15.

in the case of tradesmen who provide commercial investment advice (§ 94 Z 75), provided that the activity of insurance mediation is not excluded by the scope of the trade, or insurance mediation, whether or not it is also a subsidiary business (§ 94 Z 76), if there is an entitlement to receive premiums for an insurance undertaking or amounts determined for the client. "

(11) In § 365b (1) (7), the word shall be: "and" replaced by a dash, in Z 8 the point shall be replaced by a dash, and the following Z 9 to 12 shall be added:

" 9.

in the case of traders who have commercial financial advice (§ 94 Z 75), provided that the activity of the insurance mediation is not excluded by the scope of the trade, or insurance mediation, whether it is also only as a subsidiary business (§ 94 Z 76), including the names of the authorized members of the management body (note to the company register) and those other Member States of the Community in which the insurance intermediary is active and the name, legal form and company book number of the liability of the company in the sense of § 137c (1) or (2) as well as an indication as to whether the cover is in accordance with Section 137c (1) or (2),

10.

an indication as to whether the business of insurance mediation is carried out in the form of "insurance agent" or in the form of "insurance brokers and advisers in insurance matters"; if the trade is carried out in both forms, such a business shall not be subject to Notice; in the case of industrial property consultants, provided that the activity of insurance mediation is not excluded by the scope of the trade, that insurance mediation is permissible with regard to life and accident insurance as well as with Traders who have registered the insurance mediation as a subsidiary (c) the words "ancancemy"; the insurance mediation shall be exercised exclusively in one of the forms mentioned, including in what form;

11.

all the agency relationships of a mediator, including the insurance branch (s), whereby the notification to the trade register shall also be made by the insurance undertaking and, indeed, in the form of an automated form of insurance. , and

12.

in the case of tradesmen who provide commercial investment advice (§ 94 Z 75), provided that the activity of insurance mediation is not excluded by the scope of the trade, or insurance mediation, whether or not it is also a subsidiary business (§ 94 Z 76), if there is an entitlement to receive premiums for an insurance undertaking or amounts determined for the client. "

12. § 365c with title reads:

" Central industrial register and insurance intermediary register

§ 365c. At the Federal Ministry for Economic Affairs and Labour, a central industrial register and on the basis of which an "insurance intermediary register/information" is to be set up, in which the data to be entered in the decentralised trade registers will be merged. The district administrative authorities have immediately communicated the changes in their trade registers to the Federal Ministry for Economic Affairs and Labour. "

13. The following paragraph 5 is added to § 365e:

"(5) The data of the" insurance intermediary register " in accordance with § 365a (1) and § 365b (1) shall be provided free of charge by the Federal Ministry of Economics and Labour on the Internet for interrogation. In addition, the data shall also be provided free of charge by telephone, written or automation-assisted or any other type of request, in accordance with the available technical possibilities. "

14. In accordance with § 365t, the following § 365u shall be added together with the heading:

" (s) complaints in insurance mediation matters

§ 365u. (1) The Federal Ministry for Economic Affairs and Labour has received free of charge complaints from customers and other interested parties, in particular consumer protection institutions, through insurance intermediaries. Such complaints shall be dealt with and answered in any case. If possible, work should be carried out on a conciliation procedure. Complaints about credit institutions and insurance companies as insurance intermediaries are also to be brought to the attention of the FMA.

(2) The Federal Ministry for Economic Affairs and Labour has to cooperate in the settlement of cross-border disputes with comparable bodies of other Member States and has the effect of cross-border cooperation of other complaints and complaints. To promote places of light.

15. In § 366 (1) Z 7 the point shall be replaced by a stroke point and the following Z 8 shall be added:

" 8.

the activity of insurance mediation (Article 137 (1)), without being registered in a Member State within the meaning of Directive 2002/92/EC, except where Z 1 applies. "

16. In § 367 Z 33 the quote is "§ 137 (2) or § 138 (5)" by quoting "§ 137b para. 1" , in Z 57 the point is replaced by a line point and the following Z 58 is added:

" 58.

shall be contrary to the provisions of § § 136a to 138, insofar as § 366 (1) (1) (1) is not available. "

17. § 376 Z 18 reads:

" 18.

(Insurance Intermediary)

(1) Industrial property rights (advice on the establishment and maintenance of assets and financing, including, in particular, the placement of investment, investment, personal credit, mortgage credit and Financing) are granted to commercial property rights, industrial property rights for the business of insurance agents will become allowances for the business insurance mediation in the form of insurance agent, Industrial property rights for the business insurance broker; consultant in Insurance matters (related trades) become allowances for the business insurance mediation in the form of insurance brokers and advisers in insurance matters. They must also do so by no later than 15. January 2005 comply with the new rules.

(2) The BGBl Regulation as defined in the Regulation. II No 95/2003 on the fulfilment of the conditions for access to the business of investment advisory services (advice on the establishment and maintenance of assets and financing, including, in particular, the placement of assessments, Investments, personal loans, mortgage loans and financing) are valid until the approval of a new regulation as the provision of proof of compliance with the conditions of access for commercial investment advisory services.

(3) The provisions of Regulation BGBl. II No 96/2003 on the fulfilment of the conditions of access to the insurance agents ' business until a new regulation has been established to provide proof of the fulfilment of the conditions of access for the insurance agent Trade insurance mediation in the form of insurance agent.

(4) The BGBl Regulation as defined in the Regulation. II No 97/2003 on the fulfilment of the conditions of access to the business of insurance brokers; advisers in insurance matters (related trades) shall be deemed to have been provided for the purpose of providing a new regulation as the provision of the Proof of the fulfilment of the conditions of access for the business insurance mediation in the form of insurance brokers and advisors in insurance matters.

(5) Persons already before the 15. Jänner 2005 entitlement to commercial investment advice, as far as the activity of insurance mediation is not excluded by the scope of the business, to the commercial insurance agent or to the business insurance broker; adviser in Insurance matters (related trades) are required to hold the stock of an insurance intermediary register before the expiry of six months after entry into force of this provision for inclusion in the insurance intermediary register. Professional indemnity insurance or any other liability insurance pursuant to § 137c (1) or (2) shall be valid no later than 15. January 2005. If such proof does not take place in time, the recording shall not be carried out. The Authority shall immediately initiate a commercial withdrawal procedure and remove the removal from the industrial register. In this case, the initiation of the trade-education process should be noted in the trade register. If necessary, the Authority shall inform the competent foreign authorities of the deletion. In the case of commercial investment advice, where the activity of insurance mediation is excluded by the scope of the business, no admission is made to the insurance intermediary register.

(6) The right to carry out activities of insurance mediation as other right on the basis of § 32 GewO 1994 before the entry into force of the Novelle BGBl. I n ° 131/2004 ends with 15. Jänner 2005. Persons who have so far been shown to have exercised the activity of insurance mediation over a period of at least three years on the basis of a further entitlement under Section 32 must, for the purpose of continuing as a subsidiary business, have to be taken into account. in the insurance intermediary register and in the business register of the authority before the expiry of six months after the entry into force of this provision, the stock of professional indemnity insurance or any other liability insurance pursuant to § 137c (1) or 2 with validity no later than 15. Jänner 2005. It shall specify the form in which the insurance mediation is to be carried out and whether there is an entitlement to receive premiums or amounts determined for the customer. After the expiry of the said period, the activity may only be exercised in accordance with the procedure laid down in § § 339 and 340 on the basis of the justification of a corresponding entitlement.

(7) In the case of the transfer of existing rights to insurance mediation, all other information provided under this Act must be made available for inclusion in the industrial register and the insurance intermediary register of the Authority. and are not yet available to the Authority, such as existing agency relationships or the entitlement to receive premiums or amounts intended for the client.

(8) All the texts of free trade which in any way, including in the short description, indicate activities which are intended to lead to insurance mediation in a further sequence, in particular for the purpose of naming or discontinuing the appointment of such insurance undertakings or Identification of insurance customers, insurance intermediaries or insurance companies ("Tippgeber") or in any other way, will be 15. Jänner 2005 on the free trade " Namliability of persons interested in the mediation of insurance contracts, to an insurance intermediary or to an insurance undertaking, to the exclusion of any one for insurance mediation authorized tradesmen reserved for business ". In particular, this trade is intended to receive information from the customer, beyond the general data of the customer, directed to a particular insurance requirement and, in particular, to obtain the customer's signature on a Insurance application prohibited. "

18. The following paragraphs 15 and 16 are added to § 382:

" (15) § 2 para. 1 Z 14, § 13 para. 4, § 26 para. 2, § 32 para. 6, § 37 para. 4, § 87 paragraph 1 Z 2, 4, and 5, § 87 para. 2, § 94 Z 75, § 94 Z 76, § § 136a to 138, § 338 para. 1 and 8, § 365a para. 1 Z 10 to Z 15, § 365b para. 1 Z 7 to Z 12, § 365c, § 365e para. 5, § § 365c 365u, § 366 para. 1 Z 7 and Z 8 and § 367 Z 33, Z 57 and Z 58 in the version BGBl. I n ° 131/2004 are 15. Jänner 2005 in force. § 376 Z 18 enters into force at the end of the day of the BGBl's proclamation. I n ° 131/2004. § 94 Z 77 occurs with 15. Jänner 2005 out of force.

(16) By the Federal Law BGBl. Directive 2002 /92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation will be implemented. "

19. Annex 1 shall be supplemented as follows:

" Directive 2002 /92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation, OJ L 393, 30.12.2002, p. No. OJ L 9 of 15. Jänner 2003 p. 3. "

Section 2

Changes in operating system law

Article 71a (1) reads as follows:

" (1) The state of the art within the meaning of this Federal Law is the state of development of advanced methods, facilities, construction or operating methods based on the relevant scientific findings, the functional validity of which is tested. and it has been proven. In the determination of the state of the art, in particular those comparable methods of attracting construction or operating methods, which are most effective in achieving a generally high level of protection for the environment as a whole, are to be used; Furthermore, taking into account the costs and benefits arising from a particular measure, and the principle of precaution and prevention in general, and in individual cases, the criteria of Annex 6 to this Federal Act shall be: "

The first sentence of Article 74 (4) reads as follows:

" Mining installations in which industrial activities are carried out by the mining authorized, which are carried out with activities of the MinroG, BGBl, § 2 (1) or § 107 of the MinroG MinroG. No 38/1999, as amended, in the economic and technical context, do not require an authorisation in accordance with paragraph 2 if they are approved in accordance with the rules governing the law and the nature of the installation as a Mining equipment is maintained. "

22. In § 74 (7) the agreement is deleted.

Section 77a (3) Z 1 reads as follows:

" 1.

in any case, the state of the art (§ 71a) corresponding emission limit values for pollutants listed in Appendix 4 to this federal law, provided that they can be emitted by the plant in a relevant quantity, with the possible emission limit values for pollutants in the plant. transfer of pollution from one medium (water, air, soil) to another, in order to contribute to a high level of protection for the environment as a whole; where appropriate, other technical equipment corresponding to the state of the art measures which result in an equivalent result, which shall be: the technical nature of the plant concerned, its geographical location and the local environmental conditions in question; "

24. In § 81 (3) last sentence, the reference to "§ 345 para. 8 Z 8" by reference to "§ 345 para. 8 Z 6" replaced.

25. § 81c reads:

" § 81c. Existing operating facilities listed in Appendix 3 to this Federal Act must comply with § 77a to 31. 1 October 2007. A plant which is listed in Appendix 3 to this Federal Act shall be deemed to be constituted if it is carried out before the end of the 31. The Commission approved an authorisation procedure on 31 October 1999, or an authorisation procedure on 31 October 1999. The operating system was pending in October 1999 and the operating system was up to 31 December 1999. It was put into operation in October 2000. Section 81b (1) and (3) shall apply mutatily. "

Section 82b (5) Z 1 reads as follows:

" 1.

the establishment of an environmental audit within the meaning of Regulation (EC) No 761/2001 on the voluntary participation of organisations in a Community eco-management and audit scheme (EMAS), OJ L 145, 31.7.2001, p. No. 1, or an audit of the environment within the meaning of the ÖNORM EN ISO 14001 "Environmental Management Systems-Specifications with guidance to the application" of 1 December 1996 (available at the Austrian Standards Institute, Heinestraße 38, 1021 Vienna), "

27. § 84c (2) reads:

" (2) The farmer shall inform the Authority not later than three months before the establishment of the establishment (§ 84b Z 1):

1.

the name, registered office and address of the holder and the full address of the holding;

2.

the name and function of the person responsible for the holding;

3.

sufficient information on the identification of the dangerous substances or category of dangerous substances and on the classification of the dangerous substances to the corresponding paragraph of Part 1 or part 2 of Appendix 5 to this Federal Act;

4.

the quantity and physical form of dangerous substances;

5.

the location and nature of the storage of dangerous substances in operation;

6.

the activities carried out or intended to be carried out during the operation;

7.

Description of the immediate vicinity of the holding, taking into account the factors which may cause a serious accident or increase its consequences. "

28. According to Article 84c (2), the following paragraphs 2a and 2b are inserted:

" (2a) immediately after a substantial increase in the quantity indicated in the notification referred to in paragraph 2, or a substantial change in the nature or physical form of the existing dangerous substances or a change in the quantity of dangerous substances present in the Community, Where these substances are used, the farmer shall submit a notification as amended to the holder of the authority.

(2b) The farmer shall immediately inform the Authority of the definitive closure of the holding. § 83 shall remain unaffected. "

29. § 84c (6) reads:

" (6) In the event that an establishment pursuant to Section 84a (2) (2) or the amendment of an establishment pursuant to Section 84a (2) (2) (2) is subject to the authorisation requirement pursuant to this Federal Act, the Authority shall be a preliminary safety report before the re-establishment or the amendment . It shall include those parts of the safety report which shall include the basic technical design and interpretation of the facilities in relation to the hazardous substances present in the operation and the related hazard identification and assessment '.

30. According to Article 84c (6), the following paragraph 6a is inserted:

" (6a) The full safety report shall be transmitted to the Authority within a reasonable period prior to the entry into service or the modification of the establishment as referred to in paragraph 6. The Authority shall immediately inform the farmer of the results of its audit of the safety report, at any rate prior to the entry into service, or to prohibit the operation in accordance with Section 84d (6). "

31. § 84c (7) reads:

"(7) The farmer shall review and update the safety report or the safety concept if any changes in circumstances or new safety findings so require, but at least every five years."

32. According to Article 84c (7), the following paragraph 7a is inserted:

" (7a) In the event of a change in the holding which may have a significant impact on the risks associated with serious accidents, the holder of an establishment within the meaning of section 84a (2) (1) has the security concept (paragraph 2). 4), the holder of an establishment within the meaning of Section 84a (2) (2) (2) of the Security Report (par. 5), to review and, if necessary, to change. "

33. § 84c (9) reads:

" (9) Between neighbouring establishments within the meaning of Section 84a (2), where there is an increased likelihood of serious accidents due to their location and proximity to each other, or if these accidents can be more serious (domino effect), a Exchange of useful information which is relevant for the security concept (for companies within the meaning of Section 84a (2) (1) (1)) or for the safety report and the internal emergency plan (for companies within the meaning of § 84a (2) (2) (2)) "

34. § 84c para. 10 Z 1 reads:

" 1.

the persons who may be affected by a serious accident on a holding, on the risks, security measures and proper conduct in the event of a serious accident, regularly, at the latest every five years, without any request; This information shall be reviewed every three years, updated where necessary, and made available to the public at all times; in any event, after amendments pursuant to paragraph 7a, an update shall be made; the obligation to provide information shall include: also persons outside the federal territory in case of possible transboundary effects of a serious accident; "

35. In § 84c para. 11, the parenthesis Q shall be " (par. 2 Z 7 and (9)) " by the parenthesis expression " (par. 9) " replaced.

36. § 84d (4) reads:

" (4) The central reporting body shall draw up an updated list of establishments subject to this section each year and shall forward them to the owners of these establishments and of the Authority. In this list, the data referred to in paragraph 2 (1) indicate those establishments where there is an increased likelihood of major accidents due to their location and their proximity to other establishments, or to the consequences of such accidents may be (domino effect within the meaning of § 84c (9)). The list also has establishments located in neighbouring countries within the meaning of the "Helsinki Convention" (UN-ECE Convention on the Transboundary Effects of Industrial Accidents, BGBl. (III) No 119/2000). At the request of a holder, the central intelligence unit has to issue a notice of determination on the existence of the conditions of the second sentence; the holders of the other from a domino effect may also be legitimised. affected farms. "

37. The following sentence shall be added to section 84d (5):

" Where appropriate, the Authority shall, within a reasonable period of time after the review, review the measures taken on the basis of the review, together with the farmer; the outcome of this review of the follow-up shall be made in the proof of the Implementation of the security concept or the verification of the application of the security management system. "

38. In accordance with Section 84d (5), the following paragraph 5a is inserted:

" (5a) In the event of a serious accident, the Authority shall, in any event, carry out an inspection in accordance with paragraph 5 for the full analysis of the causes of the accident The technical, organisational and management aspects of the accident must be identified. It is also necessary to verify that the farmer has taken all the necessary remedial measures to limit the consequences of the accident and that the farmer has made recommendations on future contraceptive measures in relation to the to be aware of a serious accident. "

39. The following paragraph 9 is added to § 84d:

" (9) In order to ensure a consultation procedure for the tasks in the area of area expulsion and land use, the Authority has the information in accordance with Article 84c (2) and Section 84c (2a) as well as the result of the respective examination of the To forward a security report to the authorities responsible for local spatial planning. "

40. § 353 Z 2 lit. b is:

" (b)

in the absence of a request for the authorisation of a gas-area supply network or a district heating network, which is derived from the current land register at the time the application was submitted, and Addresses of the owner of the farm land and the owners of the land immediately adjacent to this property; if these owners are owner of the apartment in the sense of the Housing Property Act 2002 -WEG 2002, BGBl. I n ° 70/2002, in the current version, the names and addresses of the respective liquidator (§ § 19 ff WEG 2002) and "

41. § 356 (1) last sentence reads:

" If the owners of the property or the owners of the land directly adjacent to this property are property owners in the sense of the Housing Property Act 2002, those in the first sentence shall be (§ § 19 et seq. of the WEG 2002) demonstrably in writing with the order to notify the property owners of these details immediately by attack in the house. "

42. In § 356b (1) (2), the reference to § 31c (6) WRG 1959 is replaced by the reference to § 31c (5) WRG 1959.

43. § 356b (4) and (5) are:

" (4) The paragraphs 1 to 3 do not apply to the establishment, operation or modification of installations which are governed by Section 37 of the Waste Management Act 2002-AWG 2002, BGBl. I n ° 102, as amended, or the Environmental Impact Assessment Act 2000-UVP-G 2000, BGBl. No 697/1993, as amended.

(5) Paragraphs 1 to 3 shall also apply to forest law procedures in accordance with Section 50 of the Forest Law 1975, BGBl. No 440, as amended. "

44. § 356d.

45. In § 359 (3), first sentence, the parenthesis shall be deleted. "(§ 356 (3))" .

46. In § 366 paragraph 1 Z 3, the parenthesis shall be "(§ 81)" by the parenthesis expression "(§ § 81f)" replaced.

47. § 371a reads:

" § 371a. The Landeshauptmann is entitled to lodge an appeal against the proceedings of the independent administrative council in proceedings under this Federal Act for illegality to the Administrative Court. "

48. § 381 (6) reads:

"(6) With the enforcement of § 84h second sentence, the Federal Minister of Finance is entrusted."

(49) The following paragraphs 17 and 18 are added to section 382:

" (17) § 71a (1), § 74 (4) and (7), § 77a (3) Z 1, § 81 (3), § 81c, § 82b (5) Z 1, § 84c para. 2, 2a and 2b, 6, 6a, 7, 7a, 9, 10 Z 1 and paragraph 11, and § 84d (4), 5, 5a, 9, § 353 Z 2, § 356 (1), § 356b (1) (2), (4) and (5), § 359 (1). 3, § 366 (1) Z 3, § 371a, § 381 (6), Appendix 3, annex 5, and Appendix 6 to this Federal Act, as amended by the Federal Law BGBl. I n ° 131/2004 join with the proclamation of the Federal Law BGBl. I No 131/2004 shall enter into force following the following month; at the same time, Section 356d shall be repeal.

(18) By the Federal Law BGBl. I n ° 131/2004, the following Directives of the European Community are to be implemented for operating installations:

1.

Directive 96 /61/EC concerning integrated pollution prevention and control, OJ L 327, 30.12.1996, p. No. 26, as last amended by Directive 2003 /87/EC, OJ L 257, 10.10.2003, p. No. OJ L 275, 25.10.2003, p.32;

2.

Directive 96 /82/EC on the control of major-accident hazards involving dangerous substances, OJ L 327, 30.4.1996, p. No. 13), as last amended by Directive 2003 /105/EC, OJ L 327, 30.12.2003, p. No. OJ L 345, 31.12.2003, p. 97.

50. The parenthesic expression under the heading is:

"(§ 77a (1), (3), (4) and (5), § 81a, § 81b (1) and (3), § 81c, § 81d), § 359b (1) last sentence)"

51. After the heading, the following insert shall be inserted in Appendix 3:

" The thresholds referred to below generally relate to production capacities or services. Where a number of activities of the same category are carried out in one and the same operating system, the capacity of those activities shall be combined. "

52. The parenthesic expression under the heading is:

"(§ 84a (2), § 84b Z 3 and 5, § 84c (2))"

53. Under the heading 'Namely mentioned substances and preparations', the following insert shall be inserted in Appendix 5:

Where a substance referred to in part 1 or a group of substances referred to in part 1 is also covered by one or more of the categories of substances referred to in Part 2, the volume thresholds set out in Part 1 shall apply. "

54. The following Annex 6 is added after Appendix 5:

" Appendix 6

(§ 71a)

Criteria for the determination of the state of the art

In defining the state of the art, taking into account the costs and benefits resulting from a given measure, and the principle of preparedness and prevention in general, as well as in individual cases, the following shall be taken into account: be considered:

1.

the use of low-fall technology;

2.

the use of less dangerous substances;

3.

to promote the recovery and recovery of the substances produced and used in the various processes and, where appropriate, the waste;

4.

progress in technology and in scientific knowledge;

5.

the nature, impact and quantity of the respective emissions;

6.

Time of entry into service of the new and existing installations;

7.

the time required for the introduction of a better state of the art;

8.

the consumption of raw materials and the nature of the raw materials used in the various processes (including water) and energy efficiency;

9.

the need to avoid or reduce as far as possible the overall impact of emissions and the risks to the environment;

10.

the need to prevent accidents and reduce their impact on the environment;

11.

the information published by the Commission in accordance with Article 16 (2) of Directive 96 /61/EC concerning integrated pollution prevention and control or by international organisations. "

Section 3

Other changes

55. In § 2 para. 1 Z 15, the words "which can also be operated as towed lifts" by the words " the operation of towed lifts, as far as these are the ropeway law 2003, BGBl. I No 103, to be applied " replaced.

56. § 16 (3) reads:

" (3) The ability to form apprentices shall be determined by the successful completion of the examination of the examination or any such examination or by the successful completion of the training course or any of the same Training (§ § 29a, 29g and 29h of the Vocational Training Act). "

Article 20 (8) reads as follows:

" (8) The module 4 consists of the evaluation test. The Ausbilderprüfung module is not available for persons who

1.

have successfully passed a test for equal treatment in accordance with § 29h of the Vocational Training Act of the Ausbilderprüfung (Vocational Training Act); or

2.

have completed the training course or an education equivalent to the training course in accordance with § 29h of the Vocational Training Act, or

3.

under the transitional provision of the species. III-Z 1 (1) of the Vocational Training Act-Novelle 1978, BGBl. No. 232, fall. "

58. The following paragraph 5 is added to § 21:

" (5) In the master examination regulations, other courses and examinations, other than those mentioned in the last sentence of the last sentence of paragraph 4, are to be defined, which replace Module 1, Part A, Module 2, Part A, or Module 3. If, according to a regulation in accordance with § 18 (1) without a master examination, graduates of a field of study, a university of applied sciences or a vocational higher school have access to the exercise of the craft in question without a master's examination, the module shall have the following 3 in any case. "

Section 22 (2) shall be replaced by the sales designation "(3)" Section 22 (2) reads as follows:

" (2) The examination regulations as referred to in paragraph 1 shall include the examination of the examination as a module in the qualification test. In the case of trades for which there is no provision for a corresponding teaching profession in the apprenticeship list issued in accordance with § 7 of the Vocational Training Act and in the exercise of which there is mainly no training in other teaching professions, the Examination Regulations may: from the inclusion of the Ausbilderprüfung module in accordance with paragraph 1. § 20 (8) second sentence shall apply. "

60. § 23a and headline shall be deleted.

61. In § 50 (2), the word "Food supplements" and the following paint.

62. The following sentences are added in § 101 (2):

" Thanatopraxia may only be carried out by persons who are technically competent to carry out such work. Regulation of the Federal Minister of Economics and Labour is to determine how this professional competence can be demonstrated. In this regard, it is necessary to consider the protection of human life and health and the professional execution of the work. "

62a. In § 119 (1) the following last sentence is added:

" Persons performing the business of life and social counselling are also entitled to advice on sports science if they successfully complete the fields of study in sports sciences or physical education at a domestic level. University or a diploma degree in a training course at a sports academy of the federal government. "

63. § 156 (3) reads:

" (3) Business operators who operate towed lifts are also entitled to operate snow-making facilities; the latter are not the provisions of the cable car law in 2003, but those of the industrial plant law of this federal law "

64. § 345 (8) (2) (2) shall be referred to after the "§ 46 (2)" the phrase "Z 1 first case" inserted.

Section 352 (10) reads as follows:

" (10) The Master Examination Office has to issue a confirmation for each individually completed positive module of an examination. If modules 1 to 4 of the Master Examination and the module Entrepreneurial Examination, which is to be deducted, have been successfully completed, a certificate of the Master's certificate must be issued. A certificate of qualification must be issued if the technical modules and the modules "Entrepreneurial examination" and "Ausbilderprüfung" have been completed positively. "

66. In § 352b (1), the words "the examination part" Ausbilderprüfung "(§ 23a)" by the words "the module Ausbilderprüfung" replaced.

67. § 367 Z 48 is deleted.

68. § 381 (1) Introduction reads:

" With the enforcement of this Federal Act, the Federal Minister for Economic Affairs and Labour, in the case of measures to prevent the money laundering of the Federal Ministers for the Interior and in matters of business, shall not be determined otherwise by the Federal Minister for Economic Affairs and Labour (7) to 7. of towed lifts, provided that they are subject to the provisions of the ropeway law 2003, BGBl. I n ° 103, the Federal Minister for Transport, Innovation and Technology shall be responsible for the relevant provisions, namely: "

(69) The following paragraph 19 is added to § 382:

" (19) § 2 para. 1 Z 15, § 16 para. 3, § 20 para. 8, § 21 para. 5, § 22 para. 2, § 23a, § 50 paragraph 2, § 101 para. 2, § 156 para. 3, § 345 para. 8 Z 2, § 352 para. 10, § 352b para. 1, § 367 Z 48 and § 381 para. 1 Introduction in the version of the Federal Law BGBl. I n ° 131/2004 shall enter into force on the day following the publication in the Federal Law Gazans. "

Article II

Amendment of the brokerage act (transposition of Directive 2002/92/EC on insurance mediation)

The brokerage law, BGBl. N ° 262/1996, as last amended by the Federal Law BGBl. I n ° 98/2001 is amended as follows:

1. § 26 (2) reads:

" (2) The provisions of this Federal Law applicable to insurance brokers shall also apply to the provisions of this Federal Law, which only occasionally carries out a pay-as-you-go-related activity. In addition, they shall be applied as long as an insurance intermediary has not informed the insurance customer that he is not acting as an insurance broker. "

2. § 27 (2) reads:

" (2)

The insurance broker has a duty to the insurance customer to grant the information in accordance with § 137f (7) to (8) and § 137g of the WOs 1994, in compliance with § 137h of the WCO 1994 and to do its utmost to provide business mediation. "

3. § 28 Z 1 reads:

" 1.

Preparation of an appropriate risk analysis and an appropriate cover concept as well as fulfilment of the documentation requirements in accordance with § 137g GewO 1994; "

4. In accordance with § 31, the following § 31a is inserted:

" Section 31a . The amounts of money determined by the insurance customer for the insurer or by the insurer for the insurance customer are always to be forwarded via strictly separate customer accounts held at a credit institution (open trustee accounts, other accounts). For these accounts, the right of objection in accordance with § 37 EO and the right of exoneration pursuant to § 44 KO and § 21 AO are valid for the benefit of the eligible insurance customers. Cash received by the broker shall be paid immediately to these customer accounts. "

5. In accordance with § 40, the following § 41 is inserted:

" § 41. § 26 (2), § 27 (2), § 28 (1) (1) and (31a) of the BGBl version. I n ° 131/2004 are 15. Jänner 2005 in Kraft. "

Article III

Amendment of the Insurance Contracts Act (transposition of Directive 2002/92/EC on insurance mediation)

The Insurance Contracts Act 1958, BGBl. No 2/1959, as last amended by the Federal Law BGBl. I No 33/2003, shall be amended as follows:

1. § 5b (2) Z 3 reads:

" 3.

§ § 9a and 18b of the VAG and, if the mediation by an insurance intermediary in the form of "insurance agent", the notifications provided for in § § 137f (7) to (8) and 137g GewO 1994 under consideration of § 137h GewO 1994 are not . "

The following paragraphs 3 to 5 shall be added to § 43:

" (3) If an insurance client has paid the insurance agent a sum of money intended for the insurer, the payment shall be deemed to have been made directly to the insurer. The amount of money paid by the insurer to the insurance agent for forwarding to the policyholder shall be deemed to be paid to the policyholder only if the policyholder actually receives it.

(4) The insurance agent has a duty to the insurance customer to issue the information in accordance with § 137f (7) to (8) and § 137g of the GewO 1994, in compliance with § 137h of the 1994 GewO.

(5) The amounts of money determined by the insurance customer for the insurer or the insurer for the insurance customer are always to be passed on through strictly separate customer accounts (open trustee accounts, other accounts). For these accounts, the right of objection in accordance with § 37 EO and the right of exoneration pursuant to § 44 KO and § 21 AO are valid for the benefit of the eligible insurance customers. "

3. In accordance with Article 176 (2), the following paragraphs 2a and 3a are inserted:

" (2a) In calculating the repurchase value of a contract brokered by an insurance intermediary (Section 137 (1) of the Treaty 1994), which was not entered in the register at the time of the insurance contract, the commission shall not be allowed to: shall be considered.

(3a) In the calculation of the premium-free insurance benefit for a contract which is provided by an insurance intermediary (§ 137 (1) (a)). In 1994), which was not entered in the register at the time of the insurance contract, the commission may not be taken into account. "

(4) The following paragraph 6 is added to § 191c:

" (6) § 5b para. 2 Z 3, § 43 (3) to (5) and § 176 (2a) and (3a) in the version of the Federal Law BGBl. I n ° 131/2004 are 15. Jänner 2005 in Kraft. "

Article IV

Amendment of the Insurance Supervision Act

The Insurance Supervision Act, BGBl. No 569/1978, as last amended by the Federal Law BGBl. I No 70/2004, is amended as follows:

1. § 17d reads:

" § 17d. (1) Insurance undertakings may only use such service holders for the purposes of concluding insurance contracts in the territory of the country which possess the professional competence required for their respective use. This also applies to the use in the exchange of insurance contracts for other insurance undertakings.

(2) In assessing the professional suitability of the persons referred to in paragraph 1 above, regulations issued by the Federal Minister for Economic Affairs and Labour on the basis of § 18 in conjunction with Section 137b (2) and (4) of the WU 1994 in the respectively applicable the text of the report shall be taken into account. '

2. In accordance with § 17d the following § 17e with headline is inserted:

" Use of mediation services

§ 17e. Insurance undertakings may only use insurance and reinsurance mediation services (Section 137 (1) thereof in the current version) only by registered insurance intermediaries (reinsurance intermediaries). "

(3) The following paragraph 3 is added to § 100:

"(3) The FMA may, in order to ensure the legality of insurance sales, also request information from insurance intermediaries at any time and request the submission of documents and check them on the spot; § 101 shall apply mutaficily."

4. According to § 119i, the following § 119j is inserted:

" § 119j. § 17d, § 17e and § 100 (3) in the version BGBl. I n ° 131/2004 are 15. Jänner 2005 in Kraft. "

Article V

Amendment of the Banking Act (transposition of Directive 2002/92/EC on insurance mediation)

The Banking Act BGBl. No. 532/1993 as last amended by the Federal Law BGBl. I n ° 13/2004 and the BGBl Regulation. II No 94/2004 shall be amended as follows:

1. § 1 (3) shall be deleted after the word "Building savings contracts" the dash and the words "of insurance contracts" .

2. In § 21 (1) (7), the point at the end shall be replaced by a reticle; the following Z 8 shall be added:

" 8.

for any extension of the business object to include the activities of insurance mediation pursuant to § 137 GewO. "

(3) The following paragraphs 4 to 6 are added to § 21:

" (4) In the case of the granting of authorisations pursuant to paragraph 1 (8), the FMA shall apply the provisions of the provisions of the 1994 Convention, unless otherwise indicated in Z 1 to 3 or (5) and (6):

1.

There is no insurance and guarantee obligation pursuant to § 137c GewO 1994; in the event of claims pursuant to § 137c GewO 1994, credit institutions shall be liable with their own resources (§ 23);

2.

§ 137b GewO 1994 is not applicable to business managers of credit institutions;

3.

the decentralized trade register according to § 365 GewO 1994 for the activities of credit institutions as insurance intermediaries is to be led by the FMA. The FMA has immediately provided the Federal Ministry of Economics and Labour with all the data for the registration of the credit institutions in the central industrial register and the insurance intermediary register (§ 365c GewO). 1994).

In addition, credit institutions have to comply with the provisions of the provisions of the Treaty on insurance, which concern insurance mediation, in 1994.

(5) Credit institutions that are directly before the entry into force of the Federal Law BGBl. I n ° 131/2004 have exercised the activity of insurance mediation solely on the basis of Section 1 (3) of the Federal Elections Act (BWG), have the FMA within six months from the entry into force of this Federal Law for the purpose of registration in the Trade Register and the insurance intermediary register. It shall specify the form in which insurance mediation is to be carried out, whether this should be carried out as a subsidiary and whether there is an entitlement to receive premiums or amounts determined for the customer. If this indication is not made in good time, the activity of the insurance mediation may not be exercised again after the expiry of this period until the basis of an authorization in accordance with paragraph 1 Z 8.

(6) Service takers who are responsible for a credit institution which falls under subsection 5 before the entry into force of the Federal Law BGBl. I n ° 131/2004 have regularly contributed directly to the insurance mediation, are considered to be technically suitable for this activity. "

(4) The following paragraph 45 is added to § 107:

" (45) § 1 (3), § 21 (1) (8) and (4) to (6) in the version of BGBl. I n ° 131/2004 are 15. Jänner 2005 in Kraft. "

Fischer

Bowl