Standards Act 2016 - 2016 Normg

Original Language Title: Normengesetz 2016 - NormG 2016

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_I_153/BGBLA_2015_I_153.html

153. Federal law on the essence of the standards (Standards Act 2016 - 2016 NormG)

The National Council has decided:

Scope of application

§ 1 (1) this Act regulates:



1. the conditions for granting the authority for a standards organization in accordance with § 2 No. 4;

2. the procedures laid down in tasks and duties of the standardisation organisation;

3. the requirements in relation to the ordering of the standards Advisory Council and arbitration organs as well as 4. the supervision of the Organization for standardization.

(2) the tasks and activities of the Austrian Association for electrical engineering (OVE) in matters of normalization (of the electrotechnical standards being) electrical installations and facilities are excluded from the scope of application (article 10 paragraph 1 Z 10 B-VG), including the preparation and adoption of national electrotechnical standards, as well as its membership in the International Electrotechnical Commission (IEC) and the European Committee for Electrotechnical Standardization (CENELEC).

Definitions

§ 2. In the meaning of this federal law, the term



1. "national standard": a standard adopted by the standardisation organisation in accordance with no. 4, this is a) a "purely Austrian norm", which was drawn up nationally, or b) to an "accepted norm", the originally by a European, international or other foreign organization for Standardization; adopted and taken over as a result of the standardisation organisation in accordance with no. 4 into the Austrian standards

2. "international standard": a standard adopted by an international standardisation organisation.

3. 'European standard': a standard adopted by a European standards organisation;

4. "Organization for Standardization": Association, in accordance with article 3, paragraph 1, the authority for the creation and publication of standards comes to;

5. 'Austrian standardisation strategy': objectives set by the Federal Government by means of Ministerial Council decisions and proposed measures in the area of standardization.

6 "interested parties": representatives from the areas of the company, in particular the small and medium-sized enterprises (SMEs), the authorities, the authorities, the social partners, as well as of consumers, health, environmental and occupational health and safety, disability organisations and non-governmental organisations (NGO's).

Organization for Standardization

§ 3 (1) the Federal Minister for science, research and economy can decision give a club, which activity is focused not on profit and ensuring that it meet the requirements laid down in this Act, the power to the creation and publication of national standards and give the job to create all conditions and to take measures that are necessary to the membership of the European Committee for Standardization (CEN) and the International Organization for Standardization (ISO) obtain to be able. The standardisation organisation has then by application to apply for membership.

(2) the powers referred to in paragraph 1 shall be granted indefinitely. The Federal Minister for science, research and economy has the European Commission in accordance with article 27 of the Regulation (EU) No. 1025/2012 European standardisation, amending Directives 89/686/EEC and 93/15/EEC of the Council and of the directives 94/9/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Decision 87/95/EEC of the Council and decision No 1673/2006/EC of the European Parliament and of the Council OJ No. L 316 of the 14.11.2012 S. 12, as last amended by the directive of 2014/68/EC, OJ No. L 189 of the 27.06.2014 p. 164, to communicate these standards organization.

(3) the authorized association has to provide the national standards, which is to announce the Federal Minister for science, research and industry with a distinctive name. The short name selected by the authorized association is on the homepage of the Federal Ministry for science, to publish research and business.

(4) this Association, hereafter referred to as "Organization for Standardization", is entitled for the duration of the power granted to him in the exercise of its tasks prescribed by this federal law to do the coat of arms of the Republic of Austria.

(5) if the authority referred to in paragraph 1 is upright, these may be awarded no other Club without prejudice to § 1 para 2.

(6) the Federal Minister for science, research and economy can be applied in case of the termination of authority of the standardisation organisation, immediately to terminate the membership of CEN and ISO.

(7) the powers referred to in paragraph 1 may be granted only if the Club irrevocably explains in his application to transfer all his rights on national standards and the data bank in accordance with § 8 para 3 to 5 against reimbursement of costs incurred by the transfer upon termination of its powers on the subsequent standardization organization. If still no subsequent standardization organization is designated at the time of the termination of the authority or the dissolution of the Association, are these rights to the Federal Minister for science, research and business transfer.

Tasks and duties of Organization for Standardization

4. (1) has the standardisation organisation to perform the following tasks and duties to the creation of national standards and to attend and participate at European and international level in the context of the membership of CEN and ISO:



1. compliance with the Regulation (EU) No. 1025 / 2012 set obligations for national standardization organizations.

2. the obligations of membership in European and international standardisation organisations (CEN and ISO) and in the framework of the membership representation of interests of Austria;

3. ensuring that in particular points of the territory - and economic administration of the Federal and State Governments, including an independent economic body, the representatives of science, as well as the circles interested in the standards being can participate in accordance with the provisions of the rules of procedure, according to their scope and the principles contained in article 5 are taken into account;

4. the securing of human and financial resources necessary for the performance of their duties and the infrastructure necessary for the standardization work;

5. establishing the procedure for the creation of national standards and participation in European and international standardization, in all essential details in its rules of procedure, provided that appropriate regulations in this federal law or directly in the Regulation (EU) no 1025/2012 are included;

6. the account of the principles of the Austrian standardisation strategy.

(2) the rules of procedure shall govern in particular:



1. the Organization and implementation of standardization work, including an obligation to state reasons for decisions and lead the data bank in accordance with § 8 para 3 to 5;

2. the scope and the balance of the participation of the interested parties in the standardisation;

3. the applicable procedures, the composition and the quorum of the specialized Committee formed to create standards;

4. regular review of standards on their freshness, as well as on their necessity and usefulness with respect to their world heritage status;

5. the procedure concerning the obligation pursuant to article 5 paragraph 3 with regard to the modification or withdrawal of purely Austrian standards, unless they contradict the provisions of laws or regulations;

6. contents and procedures for the creation, revision and adoption of the annual work programme referred to in article 7;

7 regulations concerning the publication of the participants in the standards committees.

(3) the rules of procedure is to check regularly on their timeliness by the Standardization Organization and requires the approval of the supervisory authority. The rules of procedure shall be published on the homepage of the standardisation organisation.

(4) the statutes of the Association authorised in accordance with article 3, paragraph 1 has to be provided:



1. the establishment of a conciliation board in accordance with paragraphs 12 and 13;

2. a voting representative of the Federal Government and a voting representative of the countries in the governing body;

3. the unanimity requirement of the management body with the following resolutions: a) appointment, term and dismissal a club Managing Director;

same purpose-oriented b) expenditures that exceed a total of EUR 100,000 per year;

c) founding and entrustment of a subsidiary pursuant to § 10 para 4;

(d) establishing appropriate measures for the immediate and full implementation of arrangements in accordance with section 10 para 2 No. 1;

4. the right of inspection of records and documents relating to the management of the standardisation organisation and, where appropriate, a subsidiary in accordance with § 10 section 4 by the members of the management body;

5. in the event of the dissolution of the Association or of the termination of his authority a regulation concerning the transmission in accordance with § 3 paragraph 7.


(5) the standardisation organisation has annually an activity report, particularly with regard to the performance of their duties within the framework of the national, European and international standardisation process, as well as with regard to the implementation of the objectives and measures of the Austrian standardisation strategy, the National Council, to deliver the Federal Council, the supervisory authority and the standards Advisory Council.

Principles of the standardization work

In particular the following principles to be observed are § 5 (1) in the creation of standards:



1. the neutral community work with the possibility of a cooperation of all interested parties;

2. the coherence;

3. the transparency;

4. the openness;

5. the consensus;

6. the voluntary of use of standards;

7. the independence of individual interests;

8. the efficiency;

9. the compliance with law;

10. the taking into account of the economic impact (cost/benefit).

(2) the participation is open to all qualified persons belonging to interested parties.

(3) unless purely Austrian standards, not, declared authentic in accordance with § 9 contrary to applicable laws or regulations, the standards organization to ensure that these standards are immediately led to a revision or, where appropriate, withdrawn entirely. To clarify, whether such a conflict exists, the standardization organization has the legal entity in whose jurisdiction and scope of the respective law or the respective regulation falls to deal.

(4) if European or international standard designs contrary to applicable laws or regulations, has the Standardization Organization on such a reservation to submit in a timely manner and she may not adopt international standards. To clarify, whether such a conflict exists, the standardization organization has the legal entity in whose jurisdiction and scope of the respective law or the respective regulation falls to deal.

In Austrian standardisation

§ 6 (1) the ER or revision of purely Austrian standards (section 2 Z 1 lit. a) is carried out at the request of individuals or legal persons of under private or public law on the basis of a justified interest in the technical content a standard.

(2) the request for ER or revising a purely Austrian standard is written to introduce the standardization organization. The standards organization has this publicly available to provide an application form on their website.

(3) the applicant must define the requirements for the content of the planned purely Austrian standard.

(4) the Organization for standardization has to examine the application and the interested parties concerned for this standardization projects directly or indirectly to question whether the standard project is supported in this specific area.

Work programme

§ 7 (1) the annual work programme in accordance with article 3 of Regulation (EU) No. is 1025/2012 to complete before its adoption by the standards organization to the results of examination and survey pursuant to section 6 para 4 and to submit the standardisation Advisory Board. The standards organization has the standardisation Committee, due to particularly urgent to set subsequently brought standardization projects in knowledge.

(2) the design and the adopted work programme are free accessible on the homepage of the standardisation organisation.

Access to standards and their publication

8. (1) If intellectual property rights are to the standardisation organisation, without prejudice to article 9, on national standards, aimed scope according to the provisions of the Copyright Act, Federal Law Gazette No. 111/1936.

(2) the standardisation organisation has to provide points at which the possibility of a free insight into national standards. These places are on the homepage of the standardisation organisation to publish.

(3) the standards organization has to keep a database in the



1. all national standards and 2. all standards declared by Austrian laws and regulations are stated.

(4) in the database are to lead in all standards anyway, the following characteristics:



1. the full title;

2. the number;

3. a summary of the content;

4. the status of the standard;

5. the information whether the standard is a purely Austrian, European or international standardization projects and with pure Austrian standardisation projects in addition to the applicant.

6. If a current standard, whether she reissued, revised in a particular version or is currently under revision;

7. what technical Committee has the standardization projects associated with it;

8. the date of entry into force and the date of publication of the standard.

All newly in work standards are subject to the same requirements in respect of the above mentioned information and must be in the database.

(5) this database is to keep up to date and to make available free over the Internet.

Binding declaration of in Austrian standards

§ 9. A purely Austrian norm (§ 2 No. 1 lit. a) can be declared mandatory by law or regulation to the full or partial. In Austrian standards binding said federal law or regulation of any body of the Federal Government are to publish, so that the standard content for those affected in the same way as the law or the regulation is accessible to the extent of its infringement. The purely Austrian standard or parts thereof are a free work in the sense of § 7 para 1 of the Copyright Act then as part of legislation binding them unaccountable.

Supervisory

The authority referred to in article 3, paragraph 1 section 10 (1) is awarded a standardization organization, so it is subject to supervision by the Federal Minister for science, research and economy as the supervisory authority according to the provisions of this Federal Act.

(2) if the standards organization does not fulfil the tasks associated with the powers and obligations, following regulatory measures available are:



1. the issuance of orders within a reasonable period of time has been shown to comply with which is;

2. the threat of revocation of authority in granting a reasonable period of time to comply with the order;

3. revocation of the authority in accordance with § 11.

(3) the standards organization is obliged to provide all information required in the context of the supervision of the supervisory authority and to provide documents without delay.

(4) should the standardisation organisation themselves to carry out individual tasks of a company founded by her, the standardisation organisation carries full responsibility for the tasks transferred to the subsidiary, where, if necessary, to proceed in accordance with § 11. The transfer tasks that are directly related to the creation of standards is not permitted.

(5) the supervisory powers of the Association authority are not affected.

Revocation of authority

§ 11 (1) the Federal Minister for science, research and business can be used without prejudice to the provisions of § 68 AVG, Federal Law Gazette I no. 51/1991, the authority referred to in article 3, paragraph 1 revoked if



1. the conditions referred to in paragraph 4 no longer exist;

2. the standardisation organisation membership loses at CEN or ISO;

3. the standardisation organisation the tasks associated with the powers and duties contrary to an order (§ 10 par. 2 Z 1) is not complied within reasonable period of time.

(2) the revocation of the power of decision and is on the homepage of the Federal Ministry for science, to publish research and business.

Conciliation body

Section 12 (1) has set up a conciliation body, which can be called at the request of the standardisation organisation.

(2) it is up to the Arbitration Board to review decisions of the standardisation organisation in the following matters:



1. rejection or recording a standardisation proposal;

2. rejection of the recording of a participating;

3. rejection of the account of an opinion;

4. removal of a participating or a Chairman of a Committee;

5. establishment or dissolution of a Committee at the request of interested parties;

6. balance of the composition of a Committee.

(3) the proposals are to introduce at the conciliation body of the standardisation organisation in writing. The application has a specific desire to abstain and to explain the reasons due to which the applicant considers its interests in matters referred to in paragraph 2 Z 1 to 6 as impaired. The Chairman of the Arbitration Board may grant suspensive effect a request in individual cases, if immediate implementation pursuant to par. 2 Z 1 to 6 decisions taken by the Organization for Standardization a severe and irreversible prospect damage or other adverse consequences would.

(4) the Arbitration Board has to bring about an amicable settlement if possible and decides by resolutions that are substantiated.

(5) a copy of the decision of the Arbitration Board is to be sent to the applicant and another is to bring to the supervisory authority.

(6) against the decision of the Arbitration Board, no appeal is allowed.

(7) the standardisation organisation has a procedure to set, which requires the approval of the supervisory authority for the Arbitration Board.

(8) the rules of procedure shall be published on the homepage of the standardisation organisation.


(9) the provisions of the arbitration within the meaning of article 8 of the Association Act 2002, Federal Law Gazette I no. 66/2002, remain unaffected.

Section 13 (1) the Conciliation Board consists of 7 members (a Chairman, a Deputy and five assessors). It turns their decisions in three-person divisions consisting of the chairpersons (in the case of his absence his Deputy) and two assessors. The Chairman and the applicant have each to call an associate judge.

(2) the Chairman and the Deputy are appointed by the Federal Minister for science, research and economy. The standardisation organisation created a list of people who are appointed after examination and obtaining an opinion of the Standardization Committee and after obtaining the consent of the supervisory authority by the Standardization Organization for the associate. The term of Office of the members of the conciliation body shall be three years.

(3) the order requires the consent of the to ordering. The function exercise takes place voluntarily.

(4) the members of the Conciliation Board have conferred on them to carry out impartial. The members of the conciliation body shall refrain from exercising, if reasons AVG listed species which in section 7. The existence of the reasons is to communicate immediately to the standardisation organisation.

(5) the members of the conciliation body must have legal and economic knowledge of the standards system.

Standardisation Advisory Board

Section 14 (1) in the Federal Ministry for science, research and industry is to establish a standards Advisory Board.

(2) the task of the standards Advisory Council is the Organization for Standardization, to advise the Austrian Federal Government and the Länder in all matters of standards and support.

(3) the tasks include in particular the following issues:



1. consultation in particular interpreted when the standardisation Advisory Board on strategic priorities of standardisation and makes recommendations for the further development of the Austrian standardisation system; in all areas of the standards system,

2. distribution of opinions to be presented by the Standardization Organization annual work programme and to subsequently tabled standardization projects according to § 7 ABS. 1;

3. regular evaluation of the Austrian standardisation strategy in terms of current national and international requirements and their consideration by the Standardization Organization;

4. advice of the Federal Minister for science, research and industry in regulatory matters in case of need when prompted;

5. monitoring of the activities of the standardisation organisation, in particular on basis of referring to activity report pursuant to § 4 paragraph 5;

6. coordination of public interests.           

(4) the standards Advisory Council include following members:



1. a representative of the Federal Ministry for science, research and economy, who shall preside;

2. three members on a proposal from the Federal Government, of which each one representative of the Federal Ministry for labour, Social Affairs and consumer protection, the Federal Ministry of health and the Federal Ministry of agriculture and forestry, environment and water management;

3. three members on a proposal from the Governors;           

4. a member on the proposal of the Wirtschaftskammer Österreich;

5. a member on the proposal of the Federal Chamber of labour;

6. a member on the proposal of the Austrian Trade Union Federation;

7. a member on the proposal of the Austrian League of towns;

8. a member on the proposal of the Austrian Association of municipalities;

9. a member on the proposal of the standardisation organisation;

10. a member on the proposal of the Austrian Association for electrical engineering;

11 ever a member of a prestigious disability organization and a representative consumer association each on a proposal of the Federal Minister for labour, Social Affairs and consumer protection;

12. a member from the area of the universities on a proposal of the Federal Minister for science, research and industry;

13. a member on the proposal of the Association of Austrian industry;

14. a member on the proposal of the Federal Chamber of architects and chartered engineering consultants;

15. a member on the proposal of the Austrian General accident insurance institution (AUVA);

16. a member on a proposal from the Conference of Presidents of the Chambers of agriculture in Austria;

17 a member on the proposal of the parties represented in the main Committee of the National Council.

(5) if necessary the Standardization Committee may invite more experts or technical experts.

(6) to carry out its tasks in accordance with paragraph 3, Z 3 and Z 5 has the standardisation organisation to answer all requests the standardisation Advisory Board on request, in writing within a reasonable period of time and to provide all necessary information.

(7) for each Member of the Standardization Committee, order a replacement member.

(8) the (alternate members) of the standards Advisory Council members are appointed by the Federal Minister for science, research and economy.

(9) the members (replacement) of the standards Advisory Council volunteers perform their function. The term of Office of the standards Advisory Council is five years; the re-appointment is permissible.

(10) the standardisation Advisory Board shall adopt its rules of procedure by a simple majority. The rules of procedure has detailed provisions, to include in particular on expiration, representation and decision-making. The rules of procedure has in matters referred to in para 3 Z 4 and Z 5 to provide that no voting right, but a right to be heard is the standardisation organisation.

(11) the rules of procedure requires the consent of the Federal Minister for science, research and economy.

Conduct

Section 15 (1) the standardization organization has to provide the security, to raise the financial resources needed to carry out their tasks.

(2) for contributing to the standardization, no cost or fee may be demanded by the standards organization.

(3) the Federal Government as well as the countries make an appropriate contribution to the financing of standardisation. The Federal Government provides funds amounting to EUR 1.6 million annually the standardisation organisation. The countries replace the Federal 40% of the standardisation organisation of provided amount.

(4) the Division of the country contribution according to the number of people. The number of people is determined by which of the Federal Statistics Austria on the basis of the last register count observed result. This result is with the beginning of the register count date next following calendar year. The resources of the countries be transferred no later than March 31 to the Federal Minister for science, research and economy for the first time no later than three months after the entry into force of this Act, each year as a result.

(5) that the standardization organization in accordance with paragraph 3 annually serve provided means, as a contribution of the Federal and State Governments to finance the tasks of Organization for Standardization according to this federal law, as well as flat-rate compensation the following obligations:



1. membership fees of the standardisation organisation CEN and ISO;

2. any Member Association contribution to the standardisation organisation;

3. remuneration for all in purely Austrian standards declared binding laws or regulations of the Bund and the Länder in accordance with § 9.

(6) the examination of the use of funds is whether the Court of Auditors.

(7) in carrying out their tasks, the standards organization has the principles of thrift, ensure efficiency and expediency.

(8) the authority of the standardisation organisation shall expire pro rata fees the funds in accordance with § 15 ABS. 3-5 only for calendar months.

Reference to other legislation

§ 16. As far as other federal laws are referenced in this Federal Act, this reference refers to the current version, as far as not expressly otherwise determined.

Linguistic equal treatment

§ 17. As far as this federal law are personal names only in the male form, they relate to women and men in the same way. When applied to certain persons, the respective gender-specific form is to use.

Enforcement

§ 18. The Federal Minister for science, research and economy is entrusted with the execution of this Federal Act.

Transitional and final provisions

Section 19 (1) as far as not otherwise stated, this federal law 1 April 2016 in the following paragraphs enter into force. At the same time, the Standards Act enters in 1971, BGBl. No. 240/1971, override.

(2) contact 1 January 2016 into force § 9 and § 15 par. 3 to 6 and 8.

(3) contact 1 January 2018 in power section 4 para 4, § 8 para 4 and 5 and sections 12 to 14.

(4) 1971, BGBl. No. 240/1971, issued authority considered the Austrian Standardisation Institute on the basis of the Standards Act authority pursuant to section 3 para 1, the Austrian Standardisation Institute no later than 31 March 2016 compared to the Federal Ministry of science, research and industry in writing is obliged to comply with the provisions of this Federal Act which makes a declaration in accordance with § 3 paragraph 7.


(5) the Austrian Standardisation Institute failure to comply with the provisions of this Federal Act referred to in paragraph 4 undertakes or it emits no declaration in accordance with § 3, section 7, as has the Austrian Standardisation Institute for the purposes of a child pass and the grant of authority pursuant to § 3 para 1 to a different Club, at the latest until 31 December 2017, its tasks in accordance with the provisions of the Standards Act 1971 , Federal Law Gazette No. 240/1971, no. 136/2001, to continue as amended by Federal Law Gazette I. Then, his power goes out. In this case, no cost or fee may be demanded by the Austrian Standardisation Institute for their cooperation in standardisation.

(6) the Austrian Standardisation Institute until 31 December 2017, the commitment pledged pursuant to paragraph 4 fails to comply, it is without prejudice to the rules of the revocation pursuant to § 11 up to the granting of the authority pursuant to § 3 para 1 to a different Club, at the latest until 31 December 2019, to continue its tasks according to the provisions of this Federal Act for the purpose of an orderly handover. Then, his power goes out.

(7) goes off the power of the Austrian Standardisation Institute has the Austrian Standardisation Institute of the following organization for standardization within the meaning of the ordered transfer to provide all information necessary for the continuation of the standardisation activities available and the standardisation organisation newly authorised in accordance with article 3, paragraph 1 on the basis of public interest to the continuation of the standardisation activities, as well as access to existing standards is entitled to grant a compulsory licence in accordance with paragraph 5 or 6



1. on the national standards of the Austrian Standardisation Institute.

2. on the data in the register pursuant to § 6 paragraph 1 Act on Standardization of 1971, BGBl. No. 240/1971.

The compulsory license includes in particular the right to editing, duplication and distribution. Their remuneration is to be such that the Austrian Standardisation Institute can cover the cost of his acting to obligations arising from the standardization activity.

Fischer

Faymann