98. Federal law amending the Chemicals Act 1996 (Chemicals Act-Novelle 2004-ChemGNov 2004)

The National Council has decided:

The Chemicals Act 1996-ChemG 1996, BGBl. I n ° 53/1997, as last amended by the Federal Law BGBl. I No 108/2001, is amended as follows:

1. § 2 (11) to (16) reads:

" (11) In the sense of this federal law,

1.		"In-Traffic-Set" means the provision for third parties, in particular the holding, offering, holding and giving away. The import shall also be considered to be in-circulation within the meaning of this Federal Law;
2.		"export" means the final or temporary export of substances, preparations or manufactured goods from the customs territory of the Community, including the re-export of chemicals, for which a customs procedure other than the transit procedure for use ;
3.		"imports" means the introduction into the customs territory of the Community of substances, preparations or finished products for which a customs procedure other than the transit procedure has been applied.

(12) "Use" means the use, consumption, intra-company transport or storage for purposes other than for placing on the market, storing, and processing.

(13) 'European Economic Area' means the whole of the States which are members of the European Union or which have signed the Agreement on the European Economic Area, including the Republic of Austria, provided that the following is not the case shall be expressly determined otherwise. "EEA Contracting State" means any State which is a member of the European Economic Area.

(14) "pesticides" are plant protection products within the meaning of the Plant Protection Products Act 1997, BGBl. I n ° 60, Biocidal products within the meaning of the Biocidal Products Act-Biocide-G, BGBl. I No 105/2000, and medicinal products as defined in the Medicines Act, BGBl. No 185/1983, which are intended for disinfection or for the treatment of diseases which may be caused by insects or parasites.

(15) "State of the art" within the meaning of this Federal Law is the level of development, based on the relevant scientific knowledge, with regard to progressive methods, facilities or modes of operation, the functioning of which is , as well as with regard to substances, preparations and finished products which can be used sustainably, the suitability for use of which is ensured. In the determination of the state of the art, in particular those comparable methods, devices, substances, preparations, finished products or operating modes are to be used which are most effective in achieving a generally high level of protection. for human health and for the environment as a whole. In the determination of the state of the art, the proportionality between the effort required for the necessary measures and the benefit for the interests to be protected, as well as the precautionary principle in general, as well as in individual cases, shall be: consideration.

(16) "Detergents" (detergents) within the meaning of this Federal Law is a substance which contains soaps or other surfactants and is intended for washing and cleaning processes, or a preparation containing soaps or surfactants and for washing purposes. and cleaning processes. Detergents may have different forms (for example, liquid, powder, paste, bar, tablet, shaped pieces) and may be distributed or used for household purposes or institutional or commercial (industrial) purposes. Detergents (detergents and cleaning agents) shall also be considered as detergents:

1.		Washing aid for soaking (pre-washing), rinsing or bleaching of garments, household linen and other laundry items,
2.		Laundry softener for changing the grip of textiles in processes which supplement the textile washing,
3.		Cleaning agents, such as domestic use cleaners and other means of cleaning surfaces (e.g. materials, products, machinery, equipment, means of transport and equipment, instruments, equipment) and
4.		Washing and cleaning agents for all other washing and cleaning processes. "

2. In § 3 (4), § 4 (6) and (8), § 5 (1), § 8 (5), § 7 (5), § 8 (1), § 9 (2), § 14 (10), § 16 (1) and (6), § 17 (1) and (2), § 19 (4), § 21 (4) to 7, § 23 (2), § 24 (6) and (7), § 25 (5), § § 26, § 50 Z 3 and 5, § 51, § 52 (1) to (5), § 54 (1), (2) and (3), § 55 (3) and (4), § 57 (2), § 58 (1), § 60 (1), § 61 (6), § 64 (1) and (2), § 65 (2) and (3) and § 75 (2) and (3) and § 75. "Federal Minister for the Environment, Youth and Family" or "Federal Ministry for the Environment, Youth and Family" by the name "Federal Minister for Agriculture, Forestry, the Environment and Water Management" in the correct grammatical form in each case.

3. § 4 para. 2 Z 3 reads:

" 3.		the search for and extraction of mineral raw materials as well as the processing of mineral raw materials without the use of chemical processes within the meaning of the Mineral Raw Materials Act, BGBl. I No 38/1999; "

4. § 4 (2) Z 4 reads as follows:

" 4.		wastes in the sense of the Waste Management Act 2002, BGBl. 102, without prejudice to the provisions of Article 47 (2) of the Directive on readmission; "

5. In § 4 paragraph 2 Z 5, after the quote " Abs. 3 Z 1 " the following word sequence is inserted:

" and the provisions of § 20 and Regulation (EC) No 304/2003 concerning the export and import of dangerous chemicals, OJ L 327, 30.4.2003, p. No. OJ L 63, 6.3.2003 p. 1 "

6. In § 4 paragraph 2 Z 6 the term "consumable products" by the term "Food supplements" replaced.

7. § 4 (2) Z 7 reads:

" 7.		Wine and fruit wine in the sense of the Wine Act 1999, BGBl. I n ° 141; "

8. § 4 para. 2 Z 9 reads:

" 9.		Addiction poisons within the meaning of § 2 of the Suchtmittelgesetz (Suchtmittelgesetz), BGBl. I No 112/1997; '

9. § 4 (2) Z 10 reads:

" 10.		Feedingstuffs as defined in the Animal Feed Act 1999, BGBl. I No 139; "

10. In accordance with § 4 (2) Z 10, the following Z 11 is added:

" 11.		Medical devices in the sense of the Medical Devices Act, BGBl. No 657/1996, provided that they are intended for use in the human body or in the human body. '

11. § 4 (3) Z 3 is deleted. The previous paragraphs 4 to 6 are given the names "3" , "4" and "5" . In the new paragraph 3, the turn will be "pursuant to Section 1 (1) of the Animal Feed Act 1993" by the expression "within the meaning of the Animal Feed Act 1999" replaced.

12. § 4 (3) Z 4 reads:

" 4.		substances which are used exclusively as ingredients in plant protection products which are authorised or subject to authorisation under the Plant Protection Products Act 1997; "

Section 4 (6) of the first half-sentence reads:

"§ § § 5 to 19 and 21 to 28 of this Federal Act do not apply to preparations which are authorised or subject to authorisation as plant protection products under the Plant Protection Products Act 1997,"

14. In § 4 (6), second sentence, the word order is deleted "and the Federal Minister for Health and Consumer Protection" and the expression "PMG" is expressed by the expression "Plant Protection Products Act 1997" replaced.

Section 4 (7) reads as follows:

" (7) § § 5 to 19 and 21 to 28 as well as III. Section of this federal law does not apply to seed in the sense of the 1997 seed law, BGBl. I n ° 72, and the Forest Act 1975, BGBl. No 440 which has been treated with plant protection products authorised in accordance with the Plant Protection Products Act 1997, or with those substances or preparations which, in their composition and application rate, are authorised for this treatment. Plant protection products. "

16. § 4 (8), first half sentence reads:

"§ § 5 to 19 and 21 to 28 of this Federal Act shall not apply to substances and preparations which may be placed on the market as biocidal products or as basic substances in accordance with § 4 of the Biocidal Products Act."

17. § 11 (5) deleted. Paragraphs 6 and 7 to date shall be given the names "5" and "6" .

18. § 16 (4) deleted. Paragraphs 5 and 6 to date shall be given the names "4" and "5" .

19. In § 17 the reference to the footnote as well as the footnote are omitted.

20. § 17 (6) is replaced by sections 6 to 8:

' (6) The Governor of the Land has a notice of exemption from general prohibitions or restrictions or restrictions on the prohibition of the placing on the market or the use of certain dangerous substances in accordance with paragraph 4 of this Article. Preparations or finished goods have been decided immediately following the decision-making documents to be submitted to the Federal Minister for Agriculture, Forestry, the Environment and Water Management. "

(7) Where an exception is granted or established by a communication pursuant to paragraph 6 on the basis of an incorrect assessment of the facts of the facts or on the basis of incorrect legal judgment, the decision shall be taken by the competent authority of the competent authority within 6 weeks from the date of submission, but no later than 3 months after the date of release of the decision, to be declared void. The time of the party's party is not to be included in the deadline.

(8) Insofar as a regulation in accordance with paragraph 1 to 3 affects establishments which are subject to official supervision in accordance with the Mineral Raw Materials Act, under the conditions laid down in paragraph 4, not the Governor of the State, but of the State of the State, is the Federal Minister for Economic Affairs and Labour to authorise exemptions. "

21. § 18 (1) last sentence is deleted.

22. § 20 including the headline is:

" The export and import of dangerous chemicals and persistent organic pollutants

§ 20. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is the "designated national authority" for the Republic of Austria within the meaning of Article 4 of Regulation (EC) No 304/2003 on the import and import of dangerous chemicals for the enforcement of this Regulation (EC) and designated "competent authority" within the meaning of Article 15 of Regulation (EC) No 850/2004 on Persistent Organic Pollutants, OJ L 327, 30.11.2004, p. No. 7, as well as for the enforcement of this Regulation (EC), to the extent that the following is not the case.

(2) The measures referred to in Regulation (EC) No 850/2004, which are to be used to draw up lists of releases in air, water or soil, or for action plans or for the national implementation plan, shall be adopted by the Federal Minister for Agriculture, forestry, the environment and water management. Insofar as these measures are operating systems within the meaning of Section 74 of the Industrial Regulations 1994, BGBl. No 194, or installations subject to official supervision under the Mineral Raw Materials Act, he has the agreement with the Federal Minister for Economic Affairs and Labour to establish.

(3) With the enforcement of this Federal Act concerning the collection of emissions pursuant to Art. 6 of Regulation (EC) No 850/2004 from operating facilities within the meaning of Section 74 of the Industrial Code 1994, BGBl. No 194, or from installations subject to official supervision in accordance with the Mineral Raw Materials Act, and with the enforcement of the measures relating to these installations in accordance with Article 6 (3) of Regulation (EC) No 850/2004, the Federal Minister for Business and labour. In the context of these tasks, the Federal Minister for Economic Affairs and Labour has submitted data to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, insofar as this is necessary for the enforcement of Regulation (EC) No 850/2004 by the Federal Minister for Agriculture, Forestry and Water Management. Federal Minister for Agriculture, Forestry, Environment and Water Management is required.

(4) In the case of exports of substances, preparations and manufactured articles and pesticides subject to prohibitions or severe restrictions in third countries, exporters within the meaning of Regulation (EC) No 304/2003 shall all have the export notification in question in To comply with obligations. Substances, preparations and manufactured articles and pesticides may not be exported, insofar as they are subject to an export ban in accordance with Annex V to that Regulation of the European Union. In so far as the placing on the market of substances, preparations and manufactured goods and pesticides is restricted or prohibited in accordance with this Federal Act, a regulation based thereon or in accordance with any other regulation of the Federal Government, exports shall also be: shall be inadmissible unless otherwise specified in the above-mentioned provisions.

(5) The exporter shall submit to the Federal Minister for Agriculture, Forestry, the Environment and Water Management, before any intended export to third countries, in particular the information listed in Annex III to Regulation (EC) No 304/2003, and in respect of chemicals and pesticides in Parts 2 and 3 of Annex I to this Regulation (EC), the importing country's consent to import is to be made credible. The Federal Minister for Agriculture, Forestry, the Environment and Water Management may lay down detailed rules on the details of a form for export notifications provided for in Article 7 of Regulation (EC) No 304/2003 and for the purpose of establishing a form for the export of such products. Export notifications shall be established for those substances, preparations and manufactured articles subject to federal prohibitions or severe restrictions. "

23. In § 21 the reference to the footnote as well as the footnote are omitted.

24. In Section 21, Section 6, the parenthesis shall be "(§ 71a GewO 1994)" by the parenthesis expression "(Section 2 (15))" replaced.

25. § 21 (7) last sentence is deleted.

26. In § 24 the reference to the footnote as well as the footnote are omitted.

27. In § 24 (1), before the word order "written in German" , the phrase "without prejudice to Regulation (EC) No 304/2003" inserted.

28. The previous paragraphs 6 and 7 are deleted in Section 24 (1). Paragraphs 8, 9 and 10 shall be given the names "6" , "7" and "8" .

29. In Section 24 (2), the list shall be: "Z 5 to 10" by "Z 5 to 8" replaced.

30. In Section 24 (3), the phrase "the more than 1%" through the phrase "the 1% or more" replaced.

31. § 24 (5) reads:

" (5) dangerous substances and preparations intended for shipment to other Member States may be labelled in accordance with the labelling requirements of the State for which they are intended. These substances and preparations shall be accompanied by a clearly visible and adorable indication that they are not intended for domestic supply in the event of storage, storage or in the event of a holding. "

32. § 25 (3) reads:

" (3) On request, the safety data sheet shall also be the institution and authority responsible for the supervision of this Federal Act, and also the Federal Minister for Economic Affairs and Labour and the Federal Minister for Transport, Innovation and Technology. free of charge. "

33. § 29 together with the title is:

" Detergents (detergents and cleaners)

§ 29. The Federal Minister for Agriculture, Forestry, the Environment and Water Management is the one in Austria for the enforcement of Regulation (EC) No 648/2004 on detergents, OJ L 124, 20.4.2004, p. No. OJ L 104, 8.4.2004, p. 1.

34. § 30 together with headline reads:

" In-traffic placing and labelling of detergents and surfactants

§ 30. (1) Detergents (detergents) and surfactants for detergents within the meaning of Article 2 (5) of Regulation (EC) No 648/2004 on detergents may be placed on the market only if they are subject to the provisions of Regulation (EC) No 648/2004 on detergents. Where detergents and surfactants are to be labelled in accordance with Article 24 and Article 11 of Regulation (EC) referred to in Article 11, the labelling on the packaging shall be clearly visible and legible and durable and if the detergents or surfactants are used for the purpose of delivery in the Inland intended to be installed in the German language.

(2) If a detergent is to be labelled in accordance with the provisions of § 24 on the basis of its dangerous properties (Section 3 (1)), it is sufficient for the labelling particulars required in accordance with paragraph 1 to be included in the labelling once.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management may, in accordance with the objectives of this Federal Law, and the provisions of Regulation (EC) No 648/2004 on detergents, in agreement with the Federal Minister for Economic Affairs and Labour, detailed provisions on the labelling of detergents, as well as on the delivery of dosage recommendations, the addition of measuring cups or the equipment with dosing devices. In the case of the release of these provisions, consideration shall be given to the respective state of the art (§ 2 para. 15).

(4) Water supply undertakings shall be obliged to supply their water customers and, where these are not at the same time water purchasers, to the last consumption of water on request, at least once a year, the degree of hardness of the water in German hardness levels to be known. If, for technical reasons, it is not possible otherwise, only a range of the water hardness to be expected in German hardness grades is known. "

35. § 31 together with headline reads:

" Applications for derogations

§ 31. Applications for exemptions within the meaning of Article 5 of Regulation (EC) No 648/2004 on detergents shall be submitted, together with the necessary documents, to the Federal Minister for Agriculture, Forestry, the Environment and Water Management. The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall examine the applications in respect of the conditions laid down in Article 6 of that Regulation (EC) and shall inform the European Commission within six months of the date of receipt. a complete application on the results of the examination. "

36. § 32 together with headline reads:

" Restrictions of ingredients

§ 32. (1) In order to protect the environment from hazards or loads caused by ingredients of detergents, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, if this is in accordance with the state of the art (Section 2 (15)) and in accordance with the Regulation (EC) No 648/2004 is required, in agreement with the Federal Minister for Economic Affairs and Labour, for certain ingredients of detergents or certain surfactants within the meaning of Article 2 (6) of the said Regulation (EC) , or to designate ingredients and for these ingredients, maximum quantities in Detergents should be fixed.

(2) A Regulation as referred to in paragraph 1 shall also, where necessary, determine the procedure to be followed for the determination of the ingredients concerned. "

37. § 33 with headline reads:

" Data Sheet for Ingredients

§ 33. The persons responsible pursuant to § 27 (1) shall keep the data sheet within the meaning of Article 9 (3) of Regulation (EC) No 648/2004 on detergents for the information of the poisoning information centre of the Austrian Federal Institute of Health ready and submit the data sheet on request. "

38. § 34 with headline reads:

" Lab Directory

§ 34. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall carry out a list of recognised laboratories, which shall meet the requirements of the IV. Section of this Federal Act or of point 1 of Annex I to Regulation (EC) No 648/2004 on detergents shall be in accordance with and shall communicate this list to the other Member States and to the European Commission.

(2) This list shall include those laboratories which have demonstrated to the Federal Minister for Agriculture, Forestry, the Environment and Water Management that they comply with the requirements laid down in paragraph 1. "

39. In the provisions of § 36 (1) and (3), § 37 (1), § 38, § 39 (1), (2) and (3), § 42 (11), § 43 (2), § 45 (4) and § 46 Abs.3, the name shall be: "Federal Minister for Health and Consumer Protection" by the name "Federal Minister for Agriculture, Forestry, the Environment and Water Management" in the correct grammatical form in each case.

40. § 36 para. 2, first sentence reads:

" For each substance, the poison list shall include at least its hazard characteristics and, in accordance with the documents available to the Federal Minister for Agriculture, Forestry, the Environment and Water Management for the assessment of the dangerousness, including: for preparations containing this substance to indicate those concentration limits above or below which the preparations are to be classified as very toxic, toxic or harmful to health (minor toxic). "

41. In § 36 (3), word order "once a year" through the phrase "at regular intervals" replaced.

42. In § 37 the reference to the footnote as well as the footnote are omitted.

43. § 37 reads:

" § 37. (1) Anyone who has a very toxic or poisonous substance in the European Waste List (EINECS), OJ L 327, 30.4.2004, p. No. C 146 of 15.6.1990, but not included in the poison list (§ 36), manufactures or for the first time places in the Federal Republic of Germany, this substance has the Federal Minister for Agriculture, Forestry, Environment and Water Management up to a maximum of two weeks. after the first-time in-traffic placement, in writing. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to lay down more detailed provisions on the content and scope of the notification by regulation. "

(2) Those who make preparations which are dangerous within the meaning of § 3 (1) Z 6, 7 or 9 and in the retail trade, or who place them on the market for the first time in the Federal Republic of Germany, shall have these preparations to the Federal Minister for Agriculture, Forestry, Environment and water management, or any entity referred to in § 39 (1), or a competent person, in writing. Corrosive preparations available at the time of the entry into force of this Federal Act in the retail trade (Section 3 (1) (9)) shall be the Federal Minister for Agriculture and Forestry, no later than nine months after the entry into force of this Federal Act, Environment and water management, or a body or person who has been contacted in accordance with § 39 (1). The Federal Minister for Agriculture, Forestry, the Environment and Water Management has adopted a regulation laying down detailed rules on the nature, content, scope and form of notifications, to the extent that this is necessary for the purpose of identifying and maintaining risks for the life and health of people is required. The notification requirement does not apply to plant protection products, the placing on the market of which is permitted under the Plant Protection Products Act 1997. "

44. In Section 39 (2), the phrase " Plant Protection Products Act, BGBl. No. 476/1990 through the phrase "Plant Protection Products Act 1997" replaced.

45. § 40 including headline reads:

" In-traffic-setting of poisons

§ 40. (1) Anyone who uses a very toxic or toxic new substance which has been notified to the competent authority of another EEA State and is not included in the poison list shall, for the first time, place on the territory of the territory of the Federal Republic of Germany, the substance shall be referred to by reference to report to the Federal Minister for Agriculture, Forestry, Environment and Water Management in another EEA State until at least two weeks after the first in-traffic placement for inclusion in the poison list. To the extent that the data relevant to the classification are not accessible to the registration authority, the reporting person shall, at the request of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, announce this data.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall include in the poison list a highly toxic or toxic substance registered in accordance with § § 5 or 8 or notified in accordance with paragraph 1 or section 37 (1), provided that: is not to be applied in accordance with Section 11 (3) or to require additional proof of proof in accordance with Section 14 (5).

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to inform the person liable for the inclusion of a very toxic or toxic substance in the poison list without unnecessary delay. "

46. § 41 para. 2 Z 1 reads:

" 1.		on the exercise of regulated trade in accordance with § 104 or § 116 of the 1994 Commercial Code, BGBl. No. 194, authorized trader in the scope of their respective entitlement and "

47. In § 41 paragraph 3 Z 2 lit. a eliminates the word sequence "and University Institutes" .

48. § 41 (3) Z 4 reads:

" 4.		Chemical laboratories in accordance with § 103 of the Industrial Regulations 1994, provided that they require these toxins in the performance of their duties, "

49. In § 41 (3) Z 5, the parenthesis shall be " (§ 94 Z 73 of the Commercial Code 1994, BGBl. No. 194) replaced by "(§ 128 of the 1994 Commercial Code)".

50. § 42 (5) last sentence reads:

"For the use of poisons in agriculture, including wine treatment, the proof of proof of material in accordance with § 49 shall also be deemed to be proof of the knowledge required in accordance with Z 1."

51. In Section 42 (6), the phrase " Suchtgiftgesetz 1951, BGBl. N ° 243, " by the word "Suchtmittelgesetz" replaced.

52. § 43 (1) the word order shall be " Plant Protection Products Act, BGBl. No. 476/1990 through the phrase "Plant Protection Products Act 1997" replaced.

53. In § 46 the reference to the footnote as well as the footnote are omitted.

54. In § 46 (2), the term "consumable products" by the term "Food supplements" replaced.

Section 47 (1) reads as follows:

" (1) Owners of poisons who no longer wish to use them or are no longer able to use them in accordance with the rules of law shall have the toxins harmless in the sense of the provisions of § § 15 et seq. of the Waste Management Act 2002 applicable to hazardous waste. treat or treat it. "

56. In Section 55 (4), the word order is deleted "and from the Federal Minister of Health and Consumer Protection."

57. § 57 (3) reads:

" (3) The Federal Minister for Agriculture, Forestry, Environment and Water Management has the Federal Minister for Economic Affairs and Labour of all notifications pursuant to § 5, Information and Communications pursuant to § 13 and of Communications pursuant to § 21 (4) , in so far as this is necessary for the exercise of the protection of workers by the labour inspection. The Federal Minister for Transport, Innovation and Technology is also to be informed of the need to exercise the protection of workers through the transport labour inspection. "

58. Section 57 (4) is deleted.

59. In § 58 (1), the word order shall be deleted "and-as far as this is necessary for the monitoring of poison traffic-of the Federal Minister for Health and Consumer Protection".

Section 58 (3) reads as follows:

' (3) Where the retrospective relates to substances, preparations or finished products which are under customs control, the inspection may only be carried out at a customs office or on the occasion of a customs act relating to the substance, the preparation or the finished product , while in customs warehouses, free zones or free warehouses, while they are open for customs acts, the retrospective shall be permitted at any time. "

61. § 60 (2) reads:

" (2) The Federal Minister for Agriculture, Forestry, Environment and Water Management is authorized to use Regulation, in addition to the institutions referred to in Article 57 (2), also the customs authorities for the control of import and export of the products listed in Annex I to the Regulation (EC) No 304/2003, if this is in the interests of simplicity, purity or appropriateness of the enforcement of the chemicals. This Regulation may also lay down more detailed provisions on the control and provision may be made for the customs authorities to contribute to the institutions in accordance with Section 57 (2) in the case of their activities relating to professional matters. "

62. In § 61 (6) the word order is deleted "and the Federal Minister for Health and Consumer Protection" .

63. § 62 (1) reads as follows:

" (1) The business or company owners and their agents are obliged to provide the competent bodies and experts in accordance with § § 58 and 60 for the purpose of written or oral questions and to provide information and access to all of them. to provide records and documents which provide evidence of compliance with or non-compliance with the provisions of this Federal Law, of regulations based on them and of the regulations of the European Union, referred to in § 71 , can be obtained. They shall tolerate the surveillance measures in accordance with § § 58 to 61, provide the necessary assistance and provide all necessary information for the purpose of monitoring. "

64. In § 64 (2) the word "has" through the phrase "and the customs authorities shall have the extent of their power in accordance with § 60" replaced and the phrase "and the Federal Minister for Health and Consumer Protection" No.

65. In § 65 the word order is deleted "the Federal Minister for Health and Consumer Protection" and the side of it.

66. § 66 (4) is deleted.

67. § 67 (1) Z 3 reads:

" 3.		shall be engaged in or exported, placed on the market, used or treated in accordance with Regulation (EC) No 304/2003, or be placed on the market, in accordance with Regulation (EC) No 850/2004, "

68. § 67 (1) Z 5 reads:

" 5.		are placed on the market in the form of detergents or cleaning agents (detergents) or surfactants, contrary to Regulation (EC) No 648/2004, or contrary to a Regulation pursuant to § 30 or Article 32, "

69. In § 69 (1) (3), the word "Customs Law Enforcement Act" by the word "Customs Law Implementing Law" replaced.

70. § 71 (1) Z 7 reads:

" 7.		of Regulation (EC) No 304/2003 on the export and import of dangerous chemicals, OJ L 327, 31.12.2003, p. No. 1, or Regulation (EC) No 850/2004 on Persistent Organic Pollutants, OJ L 63 of 6.3.2003, p. No. OJ L 158, 30.4.2004, p. 7.

71. Section 71 (1) Z 11 reads as follows:

" 11.		Detergents or cleaning agents (detergents) or surfactants, contrary to Regulation (EC) No 648/2004 on detergents, OJ L 327, 30.11.2004, p. No. 1 or contrary to the requirements of a regulation pursuant to § 30 or § 32, or to be placed on the market without the fulfilment of the obligation pursuant to section 33, "

72. In § 71 (1) (14), the word "used" and the side of it.

73. § 73 (3) reads as follows:

" (3) As long as the fallen objects have not yet been supplied in accordance with paragraph 4, the default can be revoked by the Landeshauptmann if the former owner can subsequently prove, in the meantime all the necessary In order to take account of the provisions of this Federal Law, the regulations based on them and the regulations of the European Union, as referred to in § 71, after the objects have been released, they shall have taken precautions. "

74. The following paragraph 4 is added to § 73:

" (4) The objects that have been decained are to be used in the best possible way or, if this is not possible, to be treated without damage as waste at the expense of the former owner. After deduction of the transport, storage and recovery costs, the proceeds resulting from the utilization of the proceeds shall be followed by the former owner of the items. "

75. The previous text of § 75 is given the title " 1 " . According to Article 75 (1), the following paragraph 2 is added:

" (2) The administrative authorities of the first instance have decisions of the independent administrative bodies with which, in administrative proceedings, the first instance of the proceedings has been amended or repealed under this Federal Act, to the Federal Minister for Agriculture, Forestry, Environment and Water Management. "

Section 77 (3) is replaced by the following paragraphs 3 and 4:

" (3) § § 4, 58, 68 and 69 in the version of the Federal Law BGBl. I No 105/2000 shall enter into force with the month following the end of the month following the presentation of this Federal Law.

(4) § 67 (1) (2) (2) in the version BGBl. No 108/2001 and § 71 (1) (5) of the BGBl version. I n ° 108/2001 shall enter into force on the day following the publication in the Federal Law Gazans. Section 71 (1), first sentence, penultimate and final half-sentence, and para. 2, first sentence, penultimate and final half-sentence, in the version BGBl. I n ° 108/2001 shall enter into force 1. Jänner 2002 in force. "

77. The following paragraph 5 is added to Section 77 (4):

" (5) § § 2 (16), 29 to 34, 67 (1) Z 5 and 71 (1) (1) Z 11, as amended by the Chemicals Law Novel 2004, BGBl. I n ° 98/2004, with 8. October 2005, in force. "

78. § 78 reads:

" § 78. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management shall be responsible for the enforcement of this Federal Act, insofar as (4) and (5) do not specify otherwise.

(2) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has at the time of the release of regulations

1.		pursuant to Article 17 (1) to (3),
2.		in accordance with Article 20 (2), in so far as the installations referred to therein are concerned,
3.		in accordance with Article 23 (2),
4.		pursuant to Article 24 (6) and (7),
5.		in accordance with Article 25 (5),
6.		in accordance with § 26,
7.		in accordance with Article 30 (3),
8.		in accordance with Article 32 (1),
9.		pursuant to § 45 (4)
to reach agreement with the Federal Minister for Economic Affairs and Labour.

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has the agreement with the Federal Minister for Finance to establish the regulations pursuant to § 60 (1) and (2) and § 66 (2) of the Regulations.

(4) The Federal Minister for Economic Affairs and Labour is responsible for the enforcement of Section 20 (3).

(5) The Federal Minister of the Interior shall be responsible for the enforcement of Section 62 (2) and Section 67 (8), insofar as it relates to the participation of organs of the Public Security Service. "

Fischer

Bowl