Chemicals Act Amendment 2004 - Chemgnov 2004

Original Language Title: Chemikaliengesetz-Novelle 2004 - ChemGNov 2004

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98. Federal law in 1996 modifies the chemicals Act (Amendment to legislation 2004 - ChemGNov 2004)

The National Council has decided:

The chemicals Act 1996 - ChemG 1996, Federal Law Gazette I no. 53/1997, amended by Federal Law Gazette I no. 108/2001, is amended as follows:

1. paragraph 2 paragraph 11 to 16:



"(11) in the meaning of this federal law is 1." In traffic place"to provide for third parties, in particular the holding, offering, for sale and. The imports also considered traffic setting within the meaning of this federal law;

2. "export" the permanent or temporary export of substances, preparations or finished goods from the customs territory of the community including the re-export of chemicals, which is another Customs procedure as the transit procedure to the application;

3. "import" means the movement of substances, preparations or finished goods into the customs territory of the community, reached for another Customs procedure as the transit procedure for the application.

(12) "Use" is use, consume, worksite internal transporting or storage for purposes other than to the transport setting, storing and loading and processing.

(13) "European economic area" is the entirety of the States that belong to the European Union or have signed the agreement on the European economic area, including the Republic of Austria, provided that the following do not expressly otherwise determines. "EEA State" is 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, Federal Law Gazette I no. 60, biocidal products within the meaning of the biocidal products act - the biocidal products Act, Federal Law Gazette I no. 105/2000, and medicinal products within the meaning of the medicines Act, Federal Law Gazette No. 185/1983 for disinfection or for the treatment of diseases that can be caused by insects or parasites, are determined.

(15) "State of the art" in the meaning of this Federal Act is the relevant scientific knowledge-based development state of advanced procedures, facilities or operations, whose performance tested and is proven as well as with regard to sustainably use substances, preparations and finished goods, their suitability for use is guaranteed. In determining the State of the art are especially those similar procedures to attract facilities, materials, preparations, finished goods or operations which are the most effective for the achievement of a common high level of protection for human health and the environment as a whole. In determining the State of the art are the proportionality between the overhead for the necessary measures and the benefit for the interests to be protected, as well as the precautionary principle into account in General as well as in individual cases.

(16) 'Detergent' (detergents and cleaning agents) in the meaning of this federal law is a substance that contains SOAP or other surfactants and is intended for washing and cleaning processes, or preparation containing soaps and surfactants and is intended for washing and cleaning processes. Detergents can different forms (for example, liquid, powder, paste, bar, table, shaped pieces figures) and sold for domestic use or institutional or commercial (industrial) purposes or used. Detergents (detergents and cleaning agents) are also:



1. washing AIDS for soaking (pre-wash), rinsing or bleaching clothes, household linen and other washing goods, 2. wash fabric softener to change the grip of fabrics in processes that complement the textile linen, 3. cleaning agents, such as all purpose cleaners and other cleaning of surfaces (for example, materials, products, machines, equipment, means of transport and equipment, instruments, apparatus) and 4 washing and cleaning agent for any other washing and cleaning processes.

2. in § 3 para 4, § 4 par. 6 and 8, § 5 para 1 and 3, § 6 para 5, § 7 paragraph 5, article 8, paragraph 1, § 9 para 2, § 14 para 10, § 16 para 1 to 6, article 17, paragraph 1, 2, 5 and 6, article 18, paragraph 1 and 2, section 19 para 4, § 21 para 4 to 7, § 23 para 2, § 24 para 6 and 7 , § 25 paragraph 5, article 26, § 50 Nos. 3 and 5, § 51, § 52 para 1 to 5, article 54, paragraph 1, 2 and 3, article 55 par. 3 and 4, § 57 par. 2, article 58, paragraph 1, article 60, paragraph 1, § 61 para 6, § 64 para. 1 and 2, section 65, article 66 par. 2 and 3 and § 75 are the terms "Federal Minister for environment, youth and family" or "Federal Ministry for the environment ", Youth and family" is replaced by the designation "Federal Minister for agriculture and forestry, environment and water management" in the correct grammatical form.

3. § 4 para 2 No. 3 is:



"3. prospecting and winning mineral raw materials, as well as the preparation of mineral raw materials without the use of chemical processes within the meaning of the mineral raw materials Act, Federal Law Gazette I no. 38/1999;"

4. § 4 par. 2 No. 4 is:



"4. waste within the meaning of the waste management act of 2002, Federal Law Gazette I no. 102, without prejudice to the take-back obligation regulated in § 47 para. 2;"

5. in section 4, paragraph 2, Z is 5 after the quote "para 3 Z 1" included the following phrase:



"and the rules concerning pesticides section 20 and of Regulation (EC) No. 304/2003 on the import of dangerous chemicals OJ" No. L 63 of the 6.3.2003 S. 1 "

6. in section 4, paragraph 2, the term "consumption" is replaced by the term "Dietary supplement" No. 6.

7 § 4 par. 2 No. 7 is:



"7 wine and fruit wines in the wine Act 1999, Federal Law Gazette I no. 141;"

8 § 4 par. 2 No. 9 is:



"9 narcotic substances within the meaning of section 2 of the drug Act, Federal Law Gazette I no. 112/1997;"

9 § 4 par. 2 Z 10 is:



"10 animal feed within the meaning of the feedingstuffs Act 1999, Federal Law Gazette I no. 139;"

10. after article 4, par. 2, Z 10 is attached following Z 11:



"11 medical devices within the meaning of the medical devices act, Federal Law Gazette No. 657/1996, if they applied in the and on the human body."

11 § 4 para 3 Z 3 is omitted. The previous paragraphs 4 through 6 get the labels of "3", "4" and "5". In the new paragraph 3, the phrase "in accordance with § 1 para 1 of the feedingstuffs Act 1993' is replaced by the expression"within the meaning of the feed Act 1999".

12 § 4 para 3 Z 4 is:



"4. substances used exclusively as components in plant protection products which are approved in 1997 or subject to authorisation under the plant protection products act;"

13 § 4 para 6 first half sentence reads:



"The articles 5 to 19 and 21 to 28 of this Federal Act shall not apply to preparations which are 1997 approved or approval under the plant protection products act as plant protection products"

14. in article 4, paragraph 6, second sentence deleted the phrase "and the Federal Minister for health and consumer protection" and the expression "PMG" is replaced by the expression "Plant protection products Act 1997".

15 paragraph 4 section 7:



"(7) articles 5 to 19 and 21 to 28 and III section of this Federal Act shall not apply to seed of the seed law 1997, Federal Law Gazette I no. 72, and of the forestry law 1975, Federal Law Gazette No. 440, that has been treated with plant protection products approved under the plant protection products Act 1997 or such substance or preparation, that correspond to a plant protection product authorised for this treatment in their composition and quantity."

16 § 4 paragraph 8 first half sentence reads:



"The articles 5 to 19 and 21 to 28 of this Federal Act shall not apply to substances and preparations which may be placed as biocidal products or raw materials in accordance with § 4 of the biocidal products act in traffic."

17 paragraph 5 deleted § 11. The previous paragraphs 6 and 7 receive the designations "5" and "6".

18 paragraph 4 deleted § 16. The previous paragraphs 5 and 6 will receive the labels "4" and "5".

19. in article 17 the reference accounts for the footnote and the footnote.

20 § 17 paragraph 6 is replaced by paragraph 6 to 8:



"(6) the Governor has determination notices from general prohibitions or restrictions and notices, that pursuant to paragraph 4 on exemptions from the prohibition of in traffic translation or the use of certain hazardous substances, preparations or finished goods has been decided about exceptions, to present the Federal Ministry of agriculture and forestry, environment and water management immediately following the decision documents."

(7) If an exception granted with a notice referred to in paragraph 6 on the basis of incorrect facts finding or due to incorrect legal assessment or discovered, so the decision of the is objectively consider coming upper authority within 6 weeks from the template, no later than three months after adoption of the decision, as to declare null and void. The time of the hearing of the party is not to count the period.


(8) as far as businesses are affected by a regulation referred to in paragraph 1 to 3 which are subject to official supervision according to the law of mineral raw materials, not the Governor, but the Federal Minister for Economics and Labor approval of exceptions to empower is within the framework and under the conditions of paragraph 4."

21 § 18 para 1 last sentence deleted.

22 paragraph 20 including the heading:



"Training and import of dangerous chemicals and persistent organic pollutants



Section 20 (1) the Federal Minister for agriculture and forestry, environment and water management is "Designated national authority" for the Republic of Austria in accordance with article 4 of Regulation (EC) No. 304 / 2003 on the exports and imports of hazardous chemicals for the enforcement of this Regulation (EC) responsible and named "competent authority" within the meaning of article 15 of Regulation (EC) No 850 / 2004 on persistent organic pollutants , OJ No. L 158 of 30.4.2004 p. 7, as well as responsible for the enforcement of this Regulation (EC), where the following not other is intended.

(2) the measures referred to in Regulation (EC) by the Federal Ministry of agriculture and forestry, environment and water management to set no. 850/2004 that are for creating directories for release into air, water or soil or action plans or the national implementation plan are put. As far as these measures 1994, concerning equipment within the meaning of section 74 of the Gewerbeordnung BGBl. No. 194, or plants that are subject to official supervision according to the law of mineral raw material, he has the agreement with the Federal Minister for Economic Affairs and labour to produce.

(3) with the execution of this Federal Act concerning the acquisition of emissions in accordance with article 6 of Regulation (EC) No. 850/2004 from premises within the meaning of section 74 of the GewO 1994, BGBl. No. 194, or from installations which are subject to official supervision according to the law of mineral raw materials, and with the enforcement of the measures relating to these facilities in accordance with article 6 paragraph 3 of Regulation (EC) No. 850/2004 is the Federal Minister for Economics and labour entrusted. The Federal Ministry of Economics and labour has to submit data collected the Federal Ministry of agriculture and forestry, environment and water management, as far as this is necessary for the implementation of Regulation (EC) No. 850/2004 by the Federal Minister for agriculture and forestry, environment and water management in the context of these tasks.

(4) in the case of the export of substances, preparations and finished products, and pesticides that are banned or severely restricted in third countries, are exporters within the meaning of Regulation (EC) No. 304 / 2003 all the export notification in connection-related obligations meet. Substances, preparations and finished products, and pesticides may not run as far as they are subject to an export ban pursuant to annex V of the regulation of the European Union. As far as the traffic set of substances, preparations and finished goods, as well as pesticides in accordance with this federal law based regulation or under a different scheme of Federal is limited or prohibited, also export is not allowed, unless in the listed regulations not else is intended.

(5) the exporter has particularly those in annex III to the regulation to submit (EC) No. 304 / 2003 information, as well as to make credible the consent of the importing country concerning chemicals and pesticides of parts 2 and 3 of annex I to this Regulation (EC) imports the Federal Ministry of agriculture and forestry, environment and water management against any intended export to third countries. "The Federal Ministry of agriculture and forestry, environment and water management can by regulation detailed provisions relating to the details of a template for export notifications in accordance with article 7 of Regulation (EC) No. 304/2003 and for those substances, preparations and finished goods, which are subject to federal law prohibited or severely restricted, set for export notifications."

23. in article 21 the reference accounts for the footnote and the footnote.

24. in article 21, paragraph 6 of the parenthesized-expression (section 71a GewO 1994) by the parenthetical expression "(§ 2 Abs. 15) is" replaced.

25 § 21 para 7 last sentence deleted.

26. in article 24, the reference accounted the footnote and the footnote.

27. in article 24, paragraph 1 is before the phrase "in German as language", the phrase "without prejudice to Regulation (EC) No. 304/2003" inserted.

28. in article 24, paragraph 1, the date digits 6 and 7 are eliminated. The paragraphs 8, 9 and 10 will receive the labels of "6", "7" and "8".

29. in section 24 para 2, the bullet "Z 5-10" is replaced by "Z 5 to 8".

30. in article 24, paragraph 3, the phrase "the more than 1%" is replaced by the phrase "the 1% or more".

31 paragraph 24 paragraph 5:



"(5) to the movement to other Member States of certain dangerous substances and preparations must be marked in accordance with the labelling requirements of the State for which they are intended. These substances and preparations are in storage, storage or at the holding with a clearly visible and identifiable reference to, that they are not intended to submit in the domestic."

32. paragraph 25 paragraph 3:



"(3) upon request the safety data sheet is also the organs entrusted with the monitoring of this federal law authorities, Furthermore, the Federal Ministry of Economics and labour and the Federal Minister of transport to deliver innovation and technology free of charge."

33. paragraph 29 together with the heading:



"Detergents (detergents and cleaning products)



section 29. The Federal Minister for agriculture and forestry, environment and water management is that in Austria for the implementation of Regulation (EC) No. 648/2004 on detergents, OJ "No. L 104 of the 8.4.2004 p. 1, competent authority."

34. paragraph 30 together with the heading:



"Traffic setting and labelling of detergents and surfactants



30. (1) detergents (detergents and cleaning products) and surfactants for detergents in the meaning of article 2 Z 5 of Regulation (EC) No. 648/2004 on detergents may be used on the market only if they comply with the provisions of Regulation (EC) No. 648/2004 on detergents. As far as detergents and surfactants in accordance with section 24 and in accordance with article 11 of Regulation (EC) are to be marked, the labelling on the packaging is clearly visible and legibly and indelibly, and when the detergents or surfactants to the levy in the country are intended to install in English.

(2) is a detergent due to its dangerous properties (section 3 para 1) according to the provisions of § 24 to mark, it is sufficient once the labelling information required in accordance with paragraph 1 are included in the labelling.

(3) the Federal Minister for agriculture and forestry, environment and water management can, taking into consideration the objectives of this federal law, as well as on the provisions of Regulation (EC) No 648 / 2004 on detergents in agreement with the Federal Ministry of Economics and labour qualifiers on the labelling of detergents as well as making dosage recommendations adopted in addition of measuring cups or equipment metering facilities. In issuing these regulations, caution is to take on the respective State of the art (§ 2 para. 15).

(4) water supply companies are committed to its water customers and - if they are not at the same time water customers - the water final consumers on request, at least once a year, the hardness of water in German degrees of hardness known to give. If it is not otherwise possible due to technical reasons, a range of expected water hardness in German degrees of hardness is just to announce."

35. paragraph 31 together with the heading:



"Applications for exemptions



Section no. 648/2004 on detergents are 31 applications for exemptions in accordance with article 5 of Regulation (EC) together with the required documents at the Federal Ministry of agriculture and forestry, to introduce environmental and water management. The Federal Minister for agriculture and forestry, environment and water management, evaluates the proposals with regard to the conditions laid down in article 6 of Regulation (EC) and informs the European Commission within six months of receipt of a complete request about the results of the test."

36. paragraph 32 along with heading:



"Restrictions on ingredients



Section 32 (1) to protect of the environment from hazards or exposure to substances contained in detergents has the Federal Minister for agriculture and forestry, environment and water management, if this is no. 648/2004 required after the State of the art (§ 2 para. 15) and Regulation (EC), in agreement with the Federal Minister for Economic Affairs and labour for certain ingredients of detergents or specific surfactants within the meaning of article 2 to refer to paragraph 6 of that Regulation (EC) Regulation to provide for limitations or ingredients and to set maximum residue limits in detergents for these ingredients.

(2) in a regulation referred to in paragraph 1, if necessary, also the ingredients for the determination of the applicable procedure to set is."

37. paragraph 33 and heading:



"Data sheet for ingredients




§ 33. Those responsible in accordance with § 27 para 1 paragraph 3 of Regulation (EC) No. 648/2004 on detergents for the poisoning information center of the Austrian Federal Institute for health information provide the data sheet in accordance with article 9 and transmit the data sheet on request this."

38. paragraph 34 together with the heading:



"Laboratory Directory



Section 34 (1) leading Federal Minister for agriculture and forestry, environment and water management a list of approved laboratories, that section of the Federal Act or of the point 1 of annex I of to Regulation (EC) No. 648/2004 on detergents comply with the requirements of the IV., and shares this directory the other Member States and the European Commission with.

(2) in this directory that laboratories are to record, which the Federal Ministry of agriculture and forestry, environment and water management have demonstrated that they meet the requirements laid down in paragraph 1."

39. in the provisions of § 36 para 1 and 3, § 37 para 1, § 38, article 39, paragraph 1, 2 and 3, § 42 para 11, § 43 para. 2, § 45 para 4 and § 46 ABS. 3, the term "Federal Minister for health and consumer protection" is replaced by the designation "Federal Minister for agriculture and forestry, environment and water management" in the correct grammatical form.

40. § 36 para 2 first sentence reads:



"In the gift list are at least of his danger in any fabric and, according to the documents available to the Federal Minister of agriculture and forestry, environment and water management in assessing the danger to the available, also for preparations containing this substance, to specify those concentration limits, or or under which the preparations to be classified are as highly toxic, toxic or harmful (less toxic)."

41. in article 36, para. 3, Word order is replaced by the phrase "at regular intervals" "once a year".

42. in paragraph 37 of the reference accounted for the footnote and the footnote.

43. paragraph 37:



"37. (1) If a very toxic or toxic substance, which in the European existing substances (EINECS), OJ" No. C 146 of the 15.6.1990, but not included in the gift list (section 36), establishes or sets for the first time in the Federal territory in traffic, has this substance, in writing to report environmental and water until no later than two weeks after the initial in traffic the Federal Minister of agriculture and forestry. The Federal Minister for agriculture and forestry, environment and water management shall by regulation. further provisions on the content and scope of the message to adopt"

(2) Whoever preparations dangerous within the meaning of § 3 para 1 Z 6, 7 or 9 and retail are available, manufactures or uses for the first time in the Federal territory in traffic, has these preparations the Federal Ministry of agriculture and forestry, environment and water management, facility consulted in accordance with article 39, paragraph 1 of a kind or expert in writing notify. Preparations at the time of entry of into force of this federal law in the retail caustic available (article 3, paragraph 1 Z 9) are to no later than nine months after this federal law in force the Federal Ministry of agriculture and forestry, pursuant to § 39 para 1 consulted institution or competent person in writing to report environmental and water management, or one. The Federal Minister for agriculture and forestry, environment and water management shall by regulation detailed provisions on type, content, to adopt the scope and form of messages, as far as this is necessary for the purpose of the investigation and prevention of hazards to life and health of people. The reporting requirement does not apply to plant protection products, which in marketing is allowed under the plant protection products act of 1997."

44. in article 39, paragraph 2, the phrase is "plant protection products Act, Federal Law Gazette No. 476/1990" is replaced by the phrase "Plant protection products Act 1997".

45. paragraph 40 including heading:



"In-traffic setting of poisons



40. (1) who has a new fabric, very toxic or toxic, which is applied and is not included in the gift list, is for the first time in the Federal territory on the market, the competent authority of another EEA State to report this substance with reference to the registration in another EEA State of the Federal Ministry of agriculture and forestry, environment and water until no later than two weeks after the initial in traffic to be included in the gift list. As far as relevant for the classification data of registration authority are not accessible, the disclosure has known these data upon request the Federal Ministry of agriculture and forestry, environment and water management to give.

(2) the Federal Minister for agriculture and forestry, environment and water management has in accordance with articles 5 or 8 in the gift list to record very toxic or toxic substance registered or notified under paragraph 1, or article 37, paragraph 1 a, unless to proceed pending substances not in accordance with § 11 ABS. 3 or have additional audit evidence according to § 14 para 5 to demand.

(3) the Federal Minister for agriculture and forestry, environment and water management has to inform the intended inclusion of very toxic or toxic substance in the gift list the notifier or reportable without undue delay."

46. § 41 para 2 No. 1 is:



"1. to exercise regulated trades in accordance with section 104 or section 116 of the GewO 1994, BGBl. No. 194, legitimate traders to the extent of their respective authority and ' 47. In § 41 para 3 subpara 2 lit. the phrase 'and universities' is a.

48. § 41 para 3 Z 4 is:



"4. chemical laboratories in accordance with § 103 of the GewO 1994, if they do not require these poisons in their tasks," 49. In § 41 para 3 Z 5 of the parenthetical expression "(§ 94 Z 73 der Gewerbeordnung 1994, BGBl. Nr. 194)"replaces "(§ 128 der Gewerbeordnung 1994)".

50 § 42 paragraph 5 last sentence reads:



"The certificate of competence regulated in an implementation Act to § 49 applies to the use of poisons in agriculture, including wine treatment, as proof of the knowledge required in accordance with no. 1."

51. in article 42, paragraph 6, the phrase is "Addictive poison Act 1951, Federal Law Gazette No. 243," replaced by the word "Drug law".

52. § 43 para 1 is the phrase "plant protection products Act, Federal Law Gazette No. 476/1990" is replaced by the phrase "Plant protection products Act 1997".

53. in paragraph 46, the reference accounted the footnote and the footnote.

54. in article 46, paragraph 2, the term "consumption" is replaced by the term "Dietary supplement".

55. paragraph 47 paragraph 1:



"The poisons within the meaning of the hazardous waste provisions of sections 15 (1) owners of poisons, who no longer want to use them or can no longer properly use have ff of the waste management act in 2002 to treat or to treat."

56. in article 55, paragraph 4 deleted the phrase "and by the Federal Minister for health and consumer protection."

57. paragraph 57 paragraph 3:



"(3) the Federal Minister for agriculture and forestry, environment and water management has the Federal Minister for Economic Affairs and labour of all applications in accordance with article 5, to put information and communications in accordance with § 13 and of notices pursuant to § 21 para 4 without delay in knowledge, as far as this is necessary for the exercise of protection of workers through the labour inspection. As far as it is necessary to carry out the protection of workers through the transport Labour Inspectorate, also the Federal Minister of transport is, thereof having regard to use of innovation and technology."

58. paragraph 4 deleted § 57.

59. in article 58, paragraph 1, the phrase "and - insofar as this is necessary to monitor the traffic of the poison - the Federal Minister of health and consumer protection" is omitted.

60. paragraph 58 paragraph 3:



"(3) the review relates to substances, preparations or finished goods that are under customs supervision, so the review only when a Customs office or at a Customs Act relating to the substance, preparation or finished products should be; done in customs warehouses, free zones or free warehouses is permissible at any time, while they are open for Customs Act the review."

61. paragraph 60 paragraph 2:



"(2) the Federal Minister for agriculture and forestry, environment and water management is authorized also the Customs authorities for the control of the import and export regulation in addition to the institutions referred to in article 57, paragraph 2 of annex I of to Regulation (EC) No. 304 / 2003 listed chemicals to be used in, if this is located in the interest of simplicity, quickness, or appropriateness of enforcement." This regulation may adopt further provisions relating to the control and it can be provided that the Customs authorities in their actions for technical matters involve the institutions referred to in section 57 paragraph 2."

62. in article 61, paragraph 6, the phrase "as well as the Federal Minister for health and consumer protection" is omitted.

63. paragraph 62 paragraph 1:




"(1) the business or business owner, as well as their agent, and obligated committed, which in accordance with articles 58 and 60 bodies authorized to monitor and experts on written or oral request to provide information and insight into all records and documents are to provide that evidence of compliance or non-compliance with the provisions of this Federal Act, regulations based on it, as well as the regulations of the European Union" , which are given in § 71, can result. You have to tolerate the surveillance in accordance with articles 58 to 61, to provide the necessary assistance and to provide all information necessary for the monitoring."

64. in article 64, paragraph 2 is replaced "has" by the phrase "and the Customs authorities have to the extent of their power, pursuant to section 60" and deleted the phrase "and the Federal Minister for health and consumer protection".

65. the phrase "of the Federal Minister for health and consumer protection" and the comma are eliminated before in section 65.

66. paragraph 4 is § 66.

67. Article 67 par. 1 Z 3 is:



"3. contrary to the Regulation (EC) No. 304/2003 is a - or carried out contrary to Regulation (EC) No. 850/2004 manufactured, placed on the market, used or treated," 68. Article 67 par. 1 Z 5 is:



"5. as detergents or detergents (detergents) or surfactants contrary to Regulation (EC) No 648 / 2004 or contrary to a regulation in accordance with section 30 or section 32 in traffic used, ' 69. In article 69, paragraph 1, Z 3 is replaced by the word "customs law implementation Act" the word "Customs law implementation law".

70. section 71 paragraph 1 Z 7 is:



"7 of Regulation (EC) No. 304/2003 on the import of dangerous chemicals OJ" No. L 63 of the 6.3.2003, p.1, or of Regulation (EC) No. 850/2004 on persistent organic pollutants, OJ No. L 158 of 30.04.2004 contravenes S. 7,"71. Article 71, paragraph 1 is Z 11:



"11 detergents or detergents (detergents) or surfactants contrary to Regulation (EC) No. 648/2004 on detergents, OJ" "No. L 104 of the 8.4.2004 S. 1 or contrary to the requirements of a regulation in accordance with section 30 or section 32, or without fulfilling the obligation under article 33 in traffic continues, ' 72. In article 71, paragraph 1 "in use" and the comma before that eliminates Z 14 the word.

73. paragraph 73 para 3:



"(3) as long as the derelict objects have been made to any measures referred to in paragraph 4, the decay may be revoked by the Governor, if the previous owner can subsequently prove to have met in the meantime all the measures necessary to take account of the provisions of this Federal Act, the based regulations and the regulations of the European Union, which are mentioned in section 71 for a share of the items."

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



"(4) the derelict objects are best to use or, if this is not possible, to treat as waste at the expense of the former owner." An is resulting from the exploitation of the proceeds is after deduction of transport, storage and recovery costs follow from the previous owner of the items."

75. the existing text of section 75 is called "Paragraph 1". According to article 75, paragraph 1, the following paragraph 2 is added:



"(2) the administrative penalty authorities of first instance have decisions of the independent administrative Senate, with those in administrative penal proceedings on the basis of this Federal Act first-instance decisions have been amended or repealed, to present the Federal Ministry of agriculture and forestry, environment and water management."

76. § 77 para 3 is replaced following paragraph 3 and paragraph 4:



"(3) sections 4, 58, 68 and 69 as amended by Federal Law Gazette I no. 105/2000 with the first month following the announcement of this federal law into force."

(4) article 67 par. 1 Z 2 as amended by Federal Law Gazette I no. 108/2001 and section 71, paragraph 1 Z 5 as amended by Federal Law Gazette I no. 108/2001 into force on the day following the publication in the Gazette. "Article 71, paragraph 1 first sentence, penultimate and last half sentence, and paragraph 2 first sentence, second last and last half sentence, as amended by Federal Law Gazette I no. 108/2001 1 January 2002 into force."

77. the following paragraph 5 is added to the section 77 (4):



"(5) articles 2 paragraph 16, 29-34, 67 par. 1 Z 5 and 71 paragraph 1 Z 11 as amended by the amendment to the chemicals Act 2004, Federal Law Gazette I no. 98/2004, 8 October 2005 into force."

78. paragraph 78:





78. (1) is with the execution of this federal law, as far as paragraph 4 and 5 do not otherwise determine, entrusted to the Federal Minister of agriculture and forestry, environment and water management.

(2) the Federal Minister for agriculture and forestry, environment and water management has in the issuing of regulations



1. According to § 17 para 1 to 3, 2. pursuant to article 20 para 2, as far as the listed plants affected are 5 according to § 25 paragraph 5, 3. pursuant to § 23 para 2, 4 in accordance with § 24 para 6 and 7, 6 in accordance with § 26, 7 according to § 30 para 3, 8 in accordance with § 32 para 1, the agreement with the Federal Minister for Economic Affairs and labour to produce 9 pursuant to § 45 para 4.

(3) the Federal Minister for agriculture and forestry, environment and water management has to make the agreement with the Federal Minister of finance in the issuing of regulations made pursuant to article 60, paragraph 1 and 2 and article 66 par. 2.

(4) with the enforcement of article 20, paragraph 3, the Federal Minister for Economic Affairs and labour is responsible.

(5) the enforcement of section 62, paragraph 2 and article 67, paragraph 8 is, as far as it concerns the participation of the organs of public security, entrusted to the Federal Minister of the Interior.

Fischer

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