Standards Act 2016 - 2016 Normg

Original Language Title: Normengesetz 2016 - NormG 2016

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153. Federal Law on Normenwesen (Normengesetz 2016-NormG 2016)

The National Council has decided:

Scope

§ 1. (1) This Federal Act regulates:

1.

the conditions for granting authority to a standardisation body in accordance with Article 2 (4) (4);

2.

the procedural rules, tasks and obligations of the standardisation body;

3.

the requirements relating to the appointment of the Standardisation Advisory Board and the Appointment Bodies; and

4.

supervision of the standardization organization.

(2) The tasks and activities of the Austrian Association of Electrical Engineering (OVE) are excluded from the scope of application in matters of normalization (of electrical engineering) of electrical installations and equipment (Art. 10 (1) (10) B-VG), including the elaboration and adoption of electrotechnical national standards and its membership of the International Electrotechnical Commission (IEC) and the European Committee for Electrotechnical Standardization (CENELEC).

Definitions

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

1.

"national standard" means a standard adopted by the standardisation organisation in accordance with Z 4, which is a standard

a)

a "purely Austrian standard", which has been drawn up in an internal state, or

b)

an "inherited standard", which was originally adopted by a European, international or other foreign standardisation organisation and subsequently adopted by the standardisation organisation in accordance with Z 4 in the Austrian framework of standards;

2.

"international standard" means a standard which has been adopted by an international standardisation body;

3.

"European standard" means a standard which has been adopted by a European standardisation organisation;

4.

"standardisation organisation" means an association which, pursuant to Article 3 (1), has the power to establish and publish standards;

5.

"Austrian Standards Strategy": objectives set by the Federal Government by the Council of Ministers and proposed measures in the field of standardization;

6.

"interested parties" shall mean representatives, in particular in the fields of enterprises, in particular small and medium-sized enterprises (SMEs), local authorities, public authorities, the social partners, and the consumer, health, environment and consumer sectors. Occupational health and safety, disability organisations and non-governmental organisations (NGO ' s).

Normalization Organization

§ 3. (1) The Federal Minister for Science, Research and the Economy can inform an association whose activity is not aimed at profit and which ensures that the requirements laid down in this Federal Act are met, the Give power to the creation and publication of national standards and mandate to create all the conditions and to take measures necessary to become members of the European Committee for Standardisation (CEN) and to be able to work with the International Organization for Standardization (ISO) . The standardization organization shall then have to request membership by application.

(2) The power referred to in paragraph 1 shall be granted indefinitely. In accordance with Article 27 of Regulation (EU) No 1025/2012, the Federal Minister for Science, Research and the Economy has the European Commission for European standardisation, amending Council Directives 89 /686/EEC and 93 /15/EEC as well as 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 Council Decision 87 /95/EEC and Decision No 1673 /2006/EC of the European Parliament and , OJ L 327, No. OJ L 316 of 14.11.2012 p.12, as last amended by Directive 2014 /68/EU, OJ L 327, 28.12.2014, p. No. 164, of 27 June 2014, to notify this standardisation organisation.

(3) The authorized association has to provide the national standards with a distinctive short designation, which is to be announced to the Federal Minister for Science, Research and Economics. The short description chosen by the authorized association is to be published on the homepage of the Federal Ministry for Science, Research and Economy.

(4) This association, hereinafter referred to as the "standardization organization", is entitled to the federal coat of arms of the Republic of Austria for the duration of the power granted to it, in the exercise of its tasks prescribed by this federal law.

(5) As long as the authority pursuant to paragraph 1 is uphold, it shall not be awarded to any other association without prejudice to § 1 (2).

(6) In the event of the termination of the authority of the standardization organization, the Federal Minister for Science, Research and the Economy may apply immediately to terminate the membership of CEN and ISO.

(7) The power referred to in paragraph 1 may only be granted if the association irrevocably declares in its request that, upon termination of its power, all its rights to national standards and to the database in accordance with section 8 (3) to (5) against the replacement by the Transfer costs incurred to the subsequent standardization organization. If no subsequent standardization organization is designated at the time of termination of the power or the dissolution of the association, these rights shall be transferred to the Federal Minister for Science, Research and Economics.

Tasks and duties of the standardization organization

§ 4. (1) The standardization organization shall carry out the following tasks and obligations to establish national standards and to participate and participate in the European and international level within the framework of the membership of CEN and ISO:

1.

Compliance with the obligations of national standards organisations laid down in Regulation (EU) No 1025/2012;

2.

the obligations resulting from membership of European and international standards organisations (CEN and ISO) and, within the framework of membership, the representation of the interests of Austria;

3.

ensuring that, in accordance with the rules of the Rules of Procedure, in accordance with their sphere of action, the representations of the administrative and economic administration of the Federal Government and of the Länder, including self-employed economic bodies, of the scientific community, as well as those interested in the standardisation process, and taking into account the principles set out in § 5;

4.

the safeguarding of the human and financial resources necessary for the performance of their tasks and the infrastructure necessary for the standardisation work;

5.

the definition of the procedures for the establishment of national standards and participation in European and international standardisation, in all essential details in its rules of procedure, provided that such rules are not already laid down in the Federal law or directly contained in Regulation (EU) No 1025/2012;

6.

Taking into account the principles of the Austrian standardisation strategy.

(2) The Rules of Procedure shall, in particular, regulate:

1.

The organisation and implementation of the standardization work, including the obligation to state reasons for decisions and the management of the database in accordance with § 8 (3) to (5);

2.

the extent and balance of the participation of interested parties in the standardisation process;

3.

the procedure to be followed, the composition and the quorum of the technical committees set up for the establishment of standards;

4.

the regular review of the standards to be up-to-date and their necessity and expediency with regard to their continued existence;

5.

the procedure relating to the obligation pursuant to Article 5 (3) with regard to the amendment or withdrawal of purely Austrian standards, provided that they contradict the provisions contained in laws or regulations;

6.

Content and procedures for the preparation, revision and adoption of the annual work programme in accordance with § 7;

7.

Regulations on the publication of the participants in the standardisation bodies.

(3) The Rules of Procedure shall be regularly checked by the Standards Organisation for their timeliness and shall be subject to 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 authorized pursuant to Section 3 (1) shall have to be provided:

1.

The establishment of a Schlichtungsstelle (Schlichtungsstelle) according to § § 12 and 13;

2.

a representative of the federal government and a representative of the countries in the governing body who is entitled to vote;

3.

the unanimity requirement of the governing body in the following decisions:

a)

Order, duration and dismise of a club manager;

b)

expenditure exceeding EUR 100 000 per year for the same intended purpose;

c)

Establishment and betting of a subsidiary pursuant to § 10 (4);

d)

establishing appropriate measures for the immediate and complete implementation of arrangements in accordance with § 10 (2) (1) (1);

4.

the right of access to documents and documents relating to the building of the standardisation organisation and, where appropriate, a subsidiary pursuant to Article 10 (4) by the members of the governing body;

5.

in the case of the dissolution of the association or the termination of its power, a regulation relating to the transfer in accordance with § 3 (7).

(5) The standardisation organisation shall have an annual activity report, in particular with a view to carrying out its tasks within the framework of the national, European and international standardisation process, as well as with regard to the implementation of the objectives and proposed measures of the Austrian Standards Strategy, the National Council, the Federal Council, the Supervisory Authority and the Standardisation Advisory Board.

Principles of standardization work

§ 5. (1) In the case of the establishment of standards, the following principles should be observed in particular:

1.

The neutral Community work with the possibility of participation by all interested parties;

2.

coherence;

3.

transparency;

4.

openness;

5.

the consensus;

6.

the voluntary nature of the application of standards;

7.

independence of individual interests;

8.

efficiency;

9.

the conformity of the law;

10.

the consideration of the economic impact (cost/benefit).

(2) The cooperation shall be open to all professional persons belonging to the interested parties.

(3) If purely Austrian standards, which have not been declared binding in accordance with § 9, are contrary to applicable laws or regulations, the standardization organization shall ensure that these standards are supplied immediately to a revision. or, where appropriate, to be fully withdrawn. In order to clarify whether there is such a contradiction, the standardization organization has to deal with the legal entity in whose area of responsibility and scope the respective law or regulation falls.

(4) If European or international draft standards are contrary to applicable laws or regulations, the standardization organization has to make a reservation in relation to these laws in time and must not take over international standards. In order to clarify whether there is such a contradiction, the standardization organization has to deal with the legal entity in whose area of responsibility and scope the respective law or regulation falls.

Purely Austrian standardisation

§ 6. (1) The re-or revision of purely Austrian standards (§ 2 Z 1 lit. (a) shall be made at the request of natural persons or legal persons of private or public law, on the basis of a reasonable interest in the technical contents of a standard.

(2) The application for the revising or revision of a purely Austrian standard shall be submitted in writing to the standardization organization. The standardization organization has to make an application form publicly available on its homepage.

(3) The applicant shall define the requirements for the content of the intended purely Austrian standard.

(4) The standardisation body shall examine the application and question the interested parties directly or indirectly concerned for this standardisation project as to whether the standard project is supported in this specific area.

Work programme

§ 7. (1) The annual work programme referred to in Article 3 of Regulation (EU) No 1025/2012 is to be supplemented by the standardisation organisation to supplement the results of the examination and consultation pursuant to Article 6 (4) and to be submitted to the Standardisation Advisory Board prior to its adoption by the standardization body. The Standardisation Body has to inform the Standardisation Advisory Board, on the grounds of particular urgency, of the subsequent standardisation projects.

(2) The draft and the adopted work programme shall be made available free of charge on the homepage of the standardisation organisation.

Access to standards and their publication

§ 8. (1) Insofar as the standardization organization, without prejudice to § 9, is subject to copyright laws, its scope shall be governed by the provisions of the German Copyright Act, BGBl. No. 111/1936.

(2) The standardisation organisation shall have to provide for posts where the possibility of free access to national standards exists. These posts are to be published on the homepage of the standardization organization.

(3) The standardisation organisation shall have a database in which:

1.

all national standards and

2.

All standards declared binding by Austrian laws or regulations

are listed.

(4) In the case of all standards, the following characteristics shall be found in the database:

1.

The full title;

2.

the number;

3.

a summary of the content;

4.

the status of the standard;

5.

the information as to whether the standard is a purely Austrian, European or international standard project and, in the case of purely Austrian standardization projects, the applicant;

6.

in the case of a current standard, whether re-issued, revised in a specific version or currently in revision;

7.

to which technical committee the standardization project is assigned;

8.

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

All new standards in work shall be subject to the same requirements as regards the information referred to above and shall be included in the database.

(5) This database should be kept up-to-date and accessible free of charge via the Internet.

Binding declaration of purely Austrian standards

§ 9. A purely Austrian standard (§ 2 Z 1 lit. (a) may be declared fully or partially binding by law or regulation. Strictly Austrian standards are to be published in the scope of their binding declaration by federal law or regulation of an organ of the Federal Republic of Germany, so that the standard content for the persons concerned in the same way as the law or the law Regulation shall be accessible. The purely Austrian standard or its parts are then a free movement within the meaning of Section 7 (1) of the German Copyright Act as part of the legal provision that is binding on them.

Supervision

§ 10. (1) If a standardization organization is granted the power pursuant to Section 3 (1), it shall be subject to the supervision of the Federal Minister of Science, Research and Economic Affairs as the supervisory authority in accordance with the provisions of this Federal Law.

(2) Where the standardisation organisation does not comply with the tasks and duties associated with the power of authority, the following supervisory measures shall be available:

1.

the issuing of arrangements to be established within a reasonable period of time;

2.

the threat of revocation of power by granting a reasonable period of time to comply with the order;

3.

the revocation of the power pursuant to § 11.

(3) The standardisation organisation shall be obliged to provide the supervisory authority with all the necessary information and to make documents available immediately.

(4) If the standardisation organisation is to serve the performance of individual tasks of a company established by it, the standardisation organisation shall bear full responsibility for the tasks entrusted to the subsidiary, where: if appropriate in accordance with § 11. The transfer of tasks directly related to the raising of standards is inadmissible.

(5) The supervisory powers of the VereinsAuthority shall not be affected.

Revocation of power

§ 11. (1) The Federal Minister for Science, Research and the Economy can, without prejudice to the provisions of § 68 AVG, BGBl. I No 51/1991, the power to revoke the power pursuant to Section 3 (1) if:

1.

the conditions laid down in paragraph 4 are no longer available;

2.

the standardization organization loses its membership of CEN or ISO;

3.

the standardization organization has not complied with the duties and obligations of the authority against an order (§ 10 para. 2 Z 1) within a reasonable period of time.

(2) The revocation of the power shall be carried out with communication and shall be published on the homepage of the Federal Ministry for Science, Research and Economy.

Schlichtungsstelle

§ 12. (1) The standardisation organisation shall set up a settlement body which may be called upon to request a request.

(2) The Schlichtungsstelle (Schlichtungsstelle) is responsible for verifying the decisions of the standardization organization in the following matters:

1.

rejection or acceptance of a standard application;

2.

Refusal to accept the participation of a participant;

3.

Refusal to take account of an opinion;

4.

Dismissal of a participant or a chairperson 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 applications shall be submitted in writing to the Standardisation Organisation of the Standardisation Organisation. The application shall contain a specific request and shall state the reasons on the basis of which the applicant considers his/her interests to be impaired in matters referred to in paragraph 2 (2) (1) to (6). The Chairman of the Schlichtungsstelle (Schlichtungsstelle) may grant a suspensive effect on a case-by-case basis if, with the immediate implementation of the decisions taken pursuant to paragraph 2 (2) (1) to (6) by the standardization organization, a heavier and not again good damage or other adverse consequences would be good.

(4) The conciliation body shall, where possible, bring about an amicable settlement and shall decide by decisions which shall be justified.

(5) A copy of the decision of the Schlichtungsstelle shall be submitted to the applicant and another shall be brought to the attention of the supervisory authority.

(6) No appeal is admissible against the decision of the Schlichtungsstelle (Schlichtungsstelle).

(7) The standardisation organisation shall establish a procedural order for the arbiter, which shall require the approval of the supervisory authority.

(8) The Rules of Procedure shall be published on the homepage of the standardisation organisation.

(9) The provisions of the Dispute Settlement as defined in § 8 of the Law on Associations 2002, Federal Law Gazette (BGBl). I n ° 66/2002, remain unaffected.

§ 13. (1) The Schlichtungsstelle (Schlichtungsstelle) consists of 7 members (a chairperson, a deputy and five co-chairs). It shall take its decisions in three-member states, consisting of the chairman (in the case of his/her deputy) and two co-chairs. The Chairperson and the applicant shall each have to make a co-sitter known.

(2) The Chairperson and the Deputy shall be appointed by the Federal Minister for Science, Research and the Economy. The standardisation organisation shall draw up a list of persons appointed by the standardisation body after the examination and collection of an opinion of the Standardisation Board and, after the approval of the Supervisory Authority, by the Standards Organisation. The working period of the members of the Schlichtungsstelle shall be three years.

(3) The order shall be subject to the consent of the order to be ordered. The function is performed on an honorary basis.

(4) The members of the Schlichtungsstelle shall carry out the task entrusted to them in an impartial way. The members of the Schlichtungsstelle (Schlichtungsstelle) shall abstain from the exercise if there are reasons for the type referred to in § 7 of the AVG. The reasons for the reasons shall be communicated to the standardization organization without delay.

(5) The members of the Schlichtungsstelle must have legal and economic knowledge of the standard system.

Standard Advisory Board

§ 14. (1) The Federal Ministry of Science, Research and the Economy shall set up a standards advisory board.

(2) The task of the Standardisation Advisory Board is to advise and support the standardization organization, the Austrian Federal Government and the Federal States in all matters relating to the standard system.

(3) The tasks shall include in particular the following matters:

1.

Advice in all areas of standardization, in particular as the Standardisation Advisory Board sets out strategic priorities for standardization and makes recommendations for the further development of the Austrian standardisation system;

2.

delivering opinions on the annual work programme to be submitted by the standardisation organisation, as well as any subsequent standardization projects in accordance with § 7 para. 1;

3.

regular evaluation of the Austrian standardisation strategy with regard to current national and international requirements, as well as their consideration by the standardisation organisation;

4.

Advising the Federal Minister for Science, Research and the Economy on prudential matters, if necessary, upon request;

5.

Monitoring of the activities of the standardisation organisation, in particular on the basis of the activity report to be submitted in accordance with Article 4 (5);

6.

Coordination of public interests.

(4) The Standards Advisory Board shall include the following members:

1.

a representative of the Federal Ministry of Science, Research and the Economy, which chairs the Presidency;

2.

three members on a proposal from the Federal Government, including one from the Federal Ministry of Labour, Social Affairs and Consumer Protection, the Federal Ministry of Health and the Federal Ministry for Agriculture, Forestry, the Environment and the Federal Ministry of Agriculture and Forestry water management;

3.

three members, on a proposal from the national capitals;

4.

a member on a proposal from the Austrian Economic Chamber;

5.

a member on a proposal from the Federal Chamber of Labour;

6.

a member on a proposal from the Austrian Trade Union Confederation;

7.

a member on a proposal from the Austrian Association of Cities;

8.

a member on a proposal from the Austrian Municipal Debate;

9.

a member on a proposal from the standardisation organisation;

10.

one member on a proposal from the Austrian Association of Electrical Engineering;

11.

A member of a representative disability organisation and a representative consumer protection organisation, each on a proposal from the Federal Minister for Labour, Social Affairs and Consumer Protection;

12.

a member of the university sector on a proposal from the Federal Minister for Science, Research and the Economy;

13.

a member on a proposal from the Association of the Austrian Industry;

14.

one member on a proposal from the Federal Chamber of Architects and Engineering Consultants;

15.

one member on a proposal from the Austrian General Accident Insurance Institution (AUVA);

16.

a Member, on a proposal from the Conference of Presidents of the Austrian Agricultural Chambers;

17.

one member on a proposal from the parties represented in the Main Committee of the National Council.

(5) If necessary, the Standardisation Advisory Board may be able to provide further expert experts or expert experts.

(6) In order to carry out its tasks pursuant to paragraph 3 (3) (3) (3) and (5) (5), the standardization body shall, at the request of the standardization committee, respond in writing and provide all necessary information to the Standardisation Advisory Board within a reasonable time.

(7) A substitute member shall be appointed for each member of the Standards Advisory Board.

(8) The members (substitute members) of the Standardisation Advisory Board are appointed by the Federal Minister for Science, Research and the Economy.

(9) The members (substitute members) of the Standardisation Advisory Board shall perform their function on a voluntary basis. The period of operation of the Standardisation Advisory Board shall be five years, and the reappointment shall be admissible.

(10) The Standardisation Advisory Council shall adopt its Rules of Procedure by a simple majority. The Rules of Procedure shall contain more detailed provisions, in particular on the conduct, representation and decision-making process. The Rules of Procedure shall, in accordance with paragraph 3 (3) (4) and (Z) 5, provide that the standardisation organisation shall not have the right to vote but shall have a right of hearing.

(11) The Rules of Procedure require the approval of the Federal Minister for Science, Research and the Economy.

Gebarung

§ 15. (1) The standardisation organisation shall have the security to provide the financial resources necessary for the performance of its tasks.

(2) For the participation in standardization, no fee or participation fee may be required by the standardization organization.

(3) Both the Federation and the Länder shall make an appropriate contribution to the financing of standardization. The federal government provides the standard organisation with an annual budget of 1.6 million euros. The Länder shall replace 40% of the amount provided to the standard organisation by the Federal Government.

(4) The distribution of the country contribution shall be based on the number of people. The number of people is determined in accordance with the results of the Federal Statistical Office of Statistics Austria on the basis of the last census. This result shall be effective at the beginning of the calendar year following the date of the register count. For the first time at the latest three months after the entry into force of this law, the funds of the Länder will be referred to the Federal Minister for Science, Research and Economics by 31 March at the latest.

(5) The funds made available annually by the standardization organization pursuant to paragraph 3 are used as a contribution of the Federal Government and the Länder to finance the tasks of the standardization organization under this Federal Act and as a lump-sum payment the following payment obligations:

1.

Membership fees of the standardization organization at CEN and ISO;

2.

any membership fee to the standardisation organisation;

3.

Remuneration for all purely Austrian standards declared binding in laws or regulations of the Federal Government and of the Länder pursuant to § 9.

(6) The audit of the use of funds shall be the responsibility of the Court of Auditors.

(7) In the performance of its tasks, the standardization organization shall observe the principles of economy, economy and expediency.

(8) Erlischt the authority of the standardization organization to charge the funds in accordance with § 15 (3) to (5) only in accordance with calendar months.

Referral to other legislation

§ 16. Insofar as other federal laws are referred to in this Federal Act, this reference refers to the version in force in each case, unless otherwise expressly determined.

Linguistic equality

§ 17. Insofar as personal names are only mentioned in male form in this federal law, they refer to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

Enforcement

§ 18. The Federal Minister for Science, Research and the Economy is responsible for the enforcement of this federal law.

Transitional and final provisions

§ 19. (1) Unless otherwise specified in the following paragraphs, this federal law shall enter into force on 1 April 2016. At the same time, the Normengesetz 1971, BGBl. No 240/1971, except for force.

(2) § 9 and § 15 (3) to (6) and (8) shall enter into force with 1. Jänner 2016 in force.

(3) § 4 (4), § 8 (4) and (5) and § § 12 to 14 shall take place at 1. Jänner 2018 in force.

(4) The Austrian Standards Institute on the basis of the Normengesetz 1971, BGBl. No 240/1971, granted authority shall be deemed to be the power in accordance with Section 3 (1) if the Austrian Standards Institute commits itself in writing to the Federal Minister of Science, Research and Economic Affairs at the latest by 31 March 2016, the To comply with the provisions of this Federal Act and to make a declaration pursuant to section 3 (7).

(5) The Austrian Standards Institute does not undertake to comply with the provisions of this Federal Law in accordance with the provisions of paragraph 4 of this Federal Law or if there is no declaration pursuant to Section 3 (7), the Austrian Standards Institute shall, for the purpose of: ordered transfer until the granting of the power pursuant to § 3 para. 1 to another association, however, at the latest until 31 December 2017, its tasks in accordance with the provisions of the Normengesetz 1971, BGBl. No 240/1971, in the version BGBl. I n ° 136/2001. After that, its power shall be granted. In this case, no fee or participation fee may be required by the Austrian Standards Institute for the participation in standardization.

(6) If the Austrian Standards Institute does not comply with the obligation promised pursuant to Section 4 until 31 December 2017, without prejudice to the provisions of the revocation pursuant to § 11 to the granting of the power pursuant to § 3 (1) to another Association, but at the latest until 31 December 2019, for the purpose of an orderly handover, to carry on its tasks in accordance with the provisions of this Federal Law. After that, its power shall be granted.

(7) The authority of the Austrian Standards Institute pursuant to paragraph 5 or 6 shall be entitled to the Austrian Standards Institute of the subsequent standardization organization in accordance with the ordered transfer all necessary for the continuation of the standardization activity. to provide information and has the right to grant access to existing standards as a result of the public interest in the continuation of standardisation activities as well as access to existing standards, pursuant to § 3 (1) of the new standards organisation. Compulsory license

1.

in accordance with the national standards of the Austrian Standards Institute;

2.

to the register data according to § 6 paragraph 1 Normengesetz 1971, BGBl. No 240/1971.

The compulsory licence shall include, in particular, the right to be processed, reproduced and disseminated. Their remuneration shall be calculated in such a way that the Austrian Standards Institute may cover the costs of its subsequent obligations arising from standardisation activities.

Fischer

Faymann