Amendment Of The Rules Of Procedure Act 1975

Original Language Title: Änderung des Geschäftsordnungsgesetzes 1975

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66. Federal law that modifies the Federal law on the rules of procedure of the National Council (rules of Procedure Act 1975)

The National Council has decided:

The Federal law on the rules of procedure of the National Council (rules of Procedure Act 1975), Federal Law Gazette No. 410/1975, amended by Federal Law Gazette I no. 114/2011, is amended as follows:

1. in article 20 ABS. 1 and 5 is both the word "Chapter" replaced by the word "Subdivisions".

2. According to article 20, a new section 20 c b shall be inserted:

"§ 20c." The Deputy Austrian member of the Board of Governors of the European stability mechanism, the Austrian member of the Executive Board of the European stability mechanism and the Deputy Chairman are entitled to participate in the negotiations of the permanent panels in matters of the European stability mechanism in accordance with section 32f. Take but the word in the debates also repeatedly, without interrupting a speaker."

3. in article 21, paragraph 1 is for the phrase "templates about initiatives and decisions of the European Council and the Council in accordance with article 23i para. 1, 3 and 4 B-VG, as well as article 23j par. 1 B-VG;" insert the following expression:

"Templates on proposals for decisions of the European stability mechanism in accordance with article 50 b B-VG;"

4. in article 21, paragraph 2, the following expression is inserted after the phrase "Reports of the main Committee, in accordance with the specific legal provisions;":

"Reports and requests of the Permanent Subcommittee of the Budget Committee in matters of the European stability mechanism."

5. in article 23, paragraph 3 is to the phrase "according to § 31 b," the phrase "those templates to be submitted by the National Council documents, reports, information and notifications relating to article 50, 50 c and 50 d B-VG to section 74f," added.

6. in article 31, paragraph 1, the quote is "article 55 para 2 B-VG" by the quote "article 55 par. 3 B-VG" replaced.

7 section 31c paragraph 7, first sentence, is:

"Negotiations of the main Committee in matters of the European Union are without prejudice to the paragraph 6 in the sense of § 47 para 1 public."

8. in Article 32a, para. 3, the phrase "his Permanent Subcommittee" is replaced by the phrase "its permanent subcommittees in accordance with paragraph 1 and section 32f".

9. after section 32e 32f following sections shall be inserted up to 32 k:

"the Budget Committee selects section 32f. (1) B-VG article 50 d para 3



1. a standing Subcommittee which is a standing Subcommittee, which entrusted with the participation in all regulated under this federal law, other matters of the European stability mechanism and preliminary discussion of templates in accordance with article 74d, paragraph 1 (Permanent Subcommittee in ESM Affairs) with the participation of secondary market-relevant measures in the framework of the European stability mechanism (Permanent Subcommittee in secondary market Affairs-ESM) and 2.. Each Subcommittee must be at least one member of each party represented in the main Committee of the National Council. The provisions on the organization apply to the standing sub-committees and procedure of committees, provided in the following paragraphs and in §§ 32 g otherwise up to 32 k. A suspension of the sitting is by way of derogation permitted by section 34 paragraph 4 but only in the framework of the relevant decision-making at the level of the European stability mechanism period.

(2) the negotiations of the standing sub-committees are apart from preliminary discussion of templates in accordance with article 74d, paragraph 1 and unless it is not otherwise decide, confidential. They are in any case confidential, if required pursuant to § 74 g para 1.

(3) § 31 para 2 for the Permanent Subcommittee in secondary market issues ESM shall apply mutatis mutandis. Before the election referred to in paragraph 1, the President's no. 1 with members of the Presidential Conference to consult on the composition of the Subcommittee. Its members are to swear by the President of the National Council on confidentiality. section 32d para 5 shall apply mutatis mutandis.

section 32 g. (1) a permanent Sub-Committee in accordance with section 32f is by the Chairman be convened, that it may meet in a reasonable period of time if the competent Federal Minister or 20 members of the National Council, where every Member can support such a request only once per year. Here, the Chairman considered period requirements relevant for the decision-making at the level of the European stability mechanism. When the Chairman not timely the convening, this is by the President to carry out.

(2) except for section 34 paragraph 4 is to put a template in accordance with § 74e on the agenda of a standing Subcommittee in accordance with section 32f if this



1. the competent Federal Minister or 2. 20 members of the National Council demands require. Members of the same club can provide just such a request.

(3) a to speak of of Member of negotiating a Permanent Committee in accordance with section 32f must not exceed 20 minutes, unless a permanent Sub-Committee pursuant to section 32f not decides otherwise.

section 32 h. (1) the Permanent Subcommittee in ESM Affairs may authorize the Austrian representative in the European stability mechanism due to a template in accordance with section 74e para 1 Nos. 1 and 2,



1. a change of the authorised capital and an adjustment of the maximum loan volume, the European stability mechanism under article 10 para 1 Treaty for establishing the European stability mechanism (ESM contract), 2. a demand of authorized unpaid share capital pursuant to article 9 para 1 ESM contract, 3. substantial changes of the regulations and conditions governing capital views under article 9 para 4 ESM contract, 4. the adoption of an agreement on the Finanzhilfefazilität under article 13 para 3 sentence 3 ESM contract and a corresponding Memorandum (of understanding MOU) after Article ESM contract and 5. a decision on the deployment of additional instruments without change of the total of financing of an existing Finanzhilfefazilität and significant changes in the conditions of the Finanzhilfefazilität consent to 13 para 4 or to abstain from voting. Without such empowerment, the Austrian representative must reject the proposal for a decision.

(2) the special urgency requires an immediate decision pursuant to paragraph 1 Nos. 4 and 5, the competent Federal Minister in the relevant template explicitly has to indicate and to specify the reasons for the special urgency as well as the relevant deadline requirements at the level of the European stability mechanism for its treatment.

(3) the Chairman has to convene the Permanent Subcommittee in ESM matters in the cases of paragraph 2 g para 1 without delay in accordance with § 32 and put the template on the agenda.

(4) in a meeting of the National Council following the adoption of a decision pursuant to paragraph 1 Nos. 4 and 5 in the organs of the ESM, an ESM Declaration by members of the Federal Government in accordance with section 74d (4) takes place.

The ESM Affairs Permanent Subcommittee may section 32i (1). to templates in accordance with article 74d, paragraph 1 and paragraph 1 B-VG section 74e para 1 No. 1 and 2 and also reviewed opinions pursuant to article 50 c ESM information order templates, documents and proposals for decisions pursuant to article 1.

(2) in the case of the reimbursement of an opinion referred to in paragraph 1, the Austrian representative on the European stability mechanism has to take these into consideration in negotiations and voting. The competent Federal Minister has to report to the Permanent Subcommittee in ESM Affairs immediately after the vote and, if necessary, notify the reasons him, from which the Austrian representative has disregarded the opinion.

(3) the Permanent Subcommittee in ESM Affairs can take reports referred to in paragraph 2 to the knowledge or deny the information.

section 32j. (1) before entry in the debate on a proposal in accordance with article 74d, paragraph 1 and section 74e, paragraph 1, the Chairman may grant to the word an introductory report on the template and its attitude to the competent Federal Minister or the Austrian representative in the European stability mechanism in accordance with § 20 c.

(2) after the opening of the debate each Member of the Standing Committee can bring requests for comments pursuant to section 32i in writing in ESM Affairs.

(3) the President of the National Council



1. decision pursuant to section 32 h immediately to the members of the Federal Government, and 2. statements in accordance with section 32i immediately to the competent Federal Minister to submit. Unless the Permanent Subcommittee decides otherwise in ESM matters, decisions pursuant to section are 32 h and opinions pursuant to section 32i pursuant to § 39 para 1 to announce.

(4) if the deliberations and decision-making of the Permanent Subcommittee in ESM Affairs are confidential, has to be stopped until the reasons for confidentiality are accounts for as long as a distribution or a statement referred to in paragraph 3. The Permanent Subcommittee decision decides on the date of such statement.


(5) the Permanent Subcommittee may h paragraph 2 decide in ESM Affairs with the exception of emergency cases in accordance with § 32, negotiations a template according to § 32 h Z 1 to 5 or section 32i of the National Council. In this case, the Permanent Subcommittee has to a report on which 32 h and claims referred to in paragraph 2 and claims referred to in article 27 para. 3 may contain recommendations for decision-making in accordance with §.

section 32 k. (1) due to a template of the competent Federal Minister in accordance with section 74e subsection 2, the Permanent Subcommittee in secondary market issues ESM may authorise the Austrian representative in the European stability mechanism to contain proposals for decisions relating to secondary market interventions in the framework of the European stability mechanism in accordance with article 18 para 1 and 6 ESM contract to agree to or engage in decision-making. Without such empowerment, the Austrian representative must reject the proposal for the decision.

(2) the Permanent Subcommittee in secondary market issues ESM can templates in accordance with section 74e subsection 2 also repeated comments in accordance with article 50 c para 1 B-VG give off.

(3) § apply mutatis mutandis. 32 g) and section 32j (1 to 4"

10. after section XB. a new section XC is inserted:

"XC. Special provisions for the participation of the National Council in matters of the European stability mechanism

§ 74c. The National Council in matters of the European stability mechanism in accordance with article has 50, 50 c and 50 d para 2 B-VG.

§ 74d. (1) the National Council may authorize the Austrian representative in the European stability mechanism in accordance with article 50 b B-VG due to a template of the Federal Government,



1. a proposal for a decision in principle to provide financial assistance to a Member State and 2 to agree to changes of instruments for financial assistance or to abstain from voting. Without authorization of the National Council, the Austrian representative must reject the proposal for a decision.

(2) the special urgency requires an immediate decision pursuant to paragraph 1 No. 1, the competent Federal Minister can deal without delay the National Council. In the proposal for a decision pursuant to paragraph 1 No. 1 are to specify the reasons for the particular urgency and the relevant time limit requirements at the level of the European stability mechanism for its treatment. The President assigns a such template immediately upon receipt of the Standing Subcommittee in ESM Affairs pursuant to section 32f para 1 No. 2.

(3) the Chairman has to convene the Permanent Subcommittee in ESM matters in the cases of paragraph 2 g para 1 without delay in accordance with § 32 and put the template on the agenda. On the proposal of the Chairman or at the request of a member of the Permanent Subcommittee may decide that he perceives the powers available to the National Council under this federal law due to the special urgency. Such a decision is to announce Z 1 together with the decision referred to in paragraph 1 without delay in accordance with article 39, paragraph 1.

(4) in the following on the decision in accordance with paragraph 3 meeting of the National Council, an ESM Declaration by members of the Federal Government with subsequent debate will take place. It is the information of the National Council of the decision, the reasons for the urgency and the impact on Austria. Only motions may be placed in the debate on such a decision.

section 74e. (1) items of the negotiations of the Permanent Subcommittee in ESM Affairs pursuant to section 32f para 1 No. 2



1 templates regarding decisions in accordance with article 50b Z 2 B-VG, 2. templates of the competent Federal Minister concerning decisions in the framework of the European stability mechanism in accordance with § 32 h of paragraph 1 Z 3 to 5, 3. information, documents and proposals for decisions in accordance with the regulations of the ESM-information, as well as all of the organs of the European stability mechanism documents directly forwarded to the national parliaments and 4 reports of the competent Federal Minister in accordance with section 32i para 2.

(2) items of negotiations of the Permanent Subcommittee in secondary market issues ESM in accordance with section 32f para 1 No. 1 are the ESM contract templates and reports of the competent Federal Minister, as well as information, documents and proposals for decisions relating to secondary market operations within the framework of the European stability mechanism in accordance with article 18.

the President has the immediate reproduction and distribution to the members section 74f. (1) upon receipt of templates in accordance with article 74d, paragraph 1 and 2. It has templates in accordance with article 74d, paragraph 1 to the Permanent Subcommittee in ESM Affairs for preliminary discussion.

(2) upon receipt of templates to section 74e paragraph 1 has the President whose immediate reproduction and distribution to the members of the Permanent Subcommittee in ESM Affairs and assigns direct this.

(3) 50 c par. 3 reports of the competent Federal Minister in accordance with article B-VG in conjunction with § 6 ESM information order by the President the Budget Committee to end do assign. The provisions on the treatment of reports by the Federal Government and its members in accordance with § 28 b para 2 and 4 do not apply.

(4) upon receipt by the competent Federal Minister in accordance with section 74e subsection 2 templates has the President whose immediate distribution to the members of the Permanent Subcommittee in secondary market issues ESM and assigns direct this.

(5) the Federal Government or the competent Federal Minister can change until the beginning of the vote in a standing Subcommittee in accordance with section 32f templates and reports in accordance with article 74d, paragraph 1 and 2, as well as section 74e or withdraw. Article 25 shall apply mutatis mutandis in accordance with paragraph 2 and 4.

§ 74 g. (1) the members of the Federal Government and the National Council note the security classification of the organs of the European stability mechanism via a special confidentiality of templates, documents, reports, and proposals for decisions in the framework of the European stability mechanism.

The "regulations for information and dealing with templates, documents, reports, information and communications in the context of the European stability mechanism" (ESM-information), which form part of annex 3 to this Federal Act shall apply (2) for the disclosure of additional templates and documents to actions within the framework of the European stability mechanism and dealing with these."

11 in § 91a para 1, the quote is "article 21 paragraph 3 B-VG" by the quote "article 125 par. 3 B-VG" replaced.

12. in section "Trés" is replaced 3 Nos. 6 and article 4, paragraph 1, of annex 2 to the GOG (distribution regulations-EU) by the word "Très".

13. in section 4, paragraph 3 of annex 2 to the GOG (distribution regulations-EU), the comma is omitted.

14 following system concerning provisions for informing and dealing with templates, documents, reports, information and communications in the context of the European stability mechanism (ESM-information rules) be added rules of Procedure Act:

"Annex 3 to the GOG

Provisions for informing and dealing with templates, documents, reports, information and communications in the context of the European stability mechanism

(ESM-information rules)

§ 1. The competent Federal Minister has to promptly inform the National Council which affect the financial management of the Federal Government of all measures within the framework of the European stability mechanism. The information shall be made in particular through information, documents and proposals for decisions regarding



1. the resolution of the emergency reserve fund in accordance with article 4 paragraph 4 Treaty for establishing the European stability mechanism (ESM contract), 2. conclusions by the European Commission and the ECB in accordance with article 4 para 4 ESM contract, 3 views of capital in accordance with article 9 para 1 and 2, as well as rules for capital calls in accordance with article 9 para 4 ESM contract, 4 changes of the authorized capital stock and adjust the maximum volume of loans in accordance with article 10 paragraph 1 ESM contract , 5. rules for capital changes in accordance with article 10 paragraph 2 ESM contract 6 applications and analyses in accordance with article 13 para 1 ESM contract, 7 basic giving stability aid the ESM in accordance with article 13 para 2 ESM contract, 8 the adoption of an agreement on the Finanzhilfefazilität under article 13 para 3 ESM contract, 9 memoranda (of understanding MOU) according to article 13 paragraph 3 ESM contract, 10 reports under article 13 para 7 ESM contract , 11 guidelines referred to in article of 14 paragraph 4, article 15 para. 4, art. 16 para. 4, art. 17 para. 4, art. 18 para 5 ESM contract, 12 retention of credit lines in accordance with article 14 paragraph 5 ESM contract, 13.
Investigations in accordance with article 14 para 6 ESM contract, 14 withdrawals in accordance with article 15 para. 5, art. 16 para. 5, art. 17 para 5 ESM contract, 15 the introduction of secondary market operations in accordance with article 18 para. 6 ESM contract, 16 pricing guidelines referred to in article 20 para 2 ESM contract, 17 the dividend and dividend guidelines referred to in article 23 ESM contract 18 guidelines and regulations for reserve fund according to article 24 para 3 and 4 ESM contract , 19. the determination of the annual accounts in accordance with article 27 para 1 ESM contract, 20 quarterly reports in accordance with article 27 paragraph 2 ESM contract, 21 the transfer of EFSF aid in accordance with article 40 para 1 and 2 ESM contract and


22 applications for accession to the European stability mechanism in accordance with article 44 ESM contract.

§ 2. The competent Federal Minister teaches the National Council also after its decision in the organs of the European stability mechanism on



1. the order of the Chairman of the Board of Governors pursuant to article 5 paragraph 2 ESM contract, 2. the delegation of tasks in accordance with article 5 paragraph 6 lit. m contract of ESM, 3. that acceptance of the Statute and rules of procedure in accordance with article 5 paragraph 7 lit. c ESM contract, 4. the appointment and termination of the term of Office of the Executive Director in accordance with article 7 ESM contract, 5.
Measures for the recovery of a debt in accordance with article 25 para 2 and 3 ESM contract, 6 the appointment of the members of the Audit Committee in accordance with article 30 par. 1 ESM contract, 7 the immunity of the Austrian representatives in the institutions of the European stability mechanism in accordance with article 35 para. 2 ESM contract, 8 making the pending disputes in the Court of Justice of the European Union in accordance with article 37 para 3 ESM contract and 9 adjustments in accordance with article 44 ESM contract.

As soon as it is clear that a template in accordance with section 74d para 1 No. 1 rules of Procedure Act relating to a proposal for a decision in principle to grant financial help a Member State in a session of the Standing Subcommittee on ESM matters as agenda item should be treated, the competent Federal Minister has § 3 (1) to submit a written information with an assessment of the request from the Austrian point of view the National Council in the way of the President.

(2) the transmission has no later than two days before the scheduled treatment in the Permanent Subcommittee in ESM matters to be carried out.

§ 4. At the same time with the respective document in accordance with § 1 and 2 are to submit information to date and status of the document, as well as security clearance by organs of the European stability mechanism.

The President has § 5 (1) receipt of documents referred to in section 1 to 3 whose immediate reproduction and distribution to the members of the Permanent Subcommittee in ESM matters, as well as to each person designated made by the clubs, for the naming of a representation is allowed.

(2) if documents submitted in accordance with section 1-3, relating to 18 ESM contract secondary market interventions in the framework of the European stability mechanism in accordance with article, the President has their immediate reproduction and distribution to the members of the Permanent Subcommittee in secondary market Affairs-ESM, as well as to each person designated made by the clubs, for the naming of a representation is allowed.

§ 6. The competent Federal Minister has the National Council in accordance with article 50 c paragraph 3 B-VG within one month after the end of the calendar quarter of the year to submit a report on the measures taken in the framework of the European stability mechanism, this describes where and.

§ Distributed 7 templates and reports in accordance with section 74e para 1 and 2 of the rules of procedure act as well as reports in accordance with article 50 c paragraph 3 B-VG also to each person designated made by the clubs, for the naming of a representative is allowed.

§ 8. According to persons designated as per article 5 and 7 of the clubs as well as the staff of the parliamentary staff are to teach the President about the confidentiality.

§ 9 information, documents and proposals for decisions in accordance with article 1 and 2, which are not publicly available in accordance with the security classification by organs of the European stability mechanism, can be made to the public available, when the reasons for confidentiality are. The competent permanent subcommittees in accordance with section 32f rules of Procedure Act with decision decide on the timing of such an announcement."

15 § 109 GOG n is added the following paragraph 6:

"(6) paragraph 20c, § 21 para 1 and 2, § 23 para 3, § 32a, section 3, section 32f para 1 No. 2 and par. 2, §§ 32 g-32j, the name of the section XC, § § 74 c and 74d, § 74e subsection 1, section 74f subsection 1 to 3 and para 5, § 74 g, article 107, section 24, paragraph 1 of the Appendix 1 to the GOG (procedure for parliamentary committees of inquiry), the name and the heading of annex 3 to the rules of Procedure Act 1975" : "Provisions for informing and dealing with templates, documents, reports, information and communications in the context of the European stability mechanism (ESM-information rules)", § 1 Z 1 to 10, Z 11 with regard to documents on guidelines in accordance with article 14 para. 4, art. 15 para. 4, art. 16 para. 4 and art. 17 para 4 ESM contract, Z 12 to 14 and Z of 16 to 22, §§ 2 to 4 , § 5 para 1, § § 6 to 9 of annex 3 to the GOG (ESM-information rules), each as amended by Federal Law Gazette I no. 66/2012, simultaneously with the Treaty establishing the European stability mechanism into force. section 32f para 1 No. 1 and 3, § 32 k, section 74e subsection 2, section 74f para 4, § 1 Z 11 as regards documents on guidelines in accordance with article 18 paragraph 5 ESM contract, § 1 Z 15 and section 5, paragraph 2 of annex 3 to the GOG (ESM-information rules), each as amended by Federal Law Gazette I no. 66/2012, come into force, as soon as the President of the National Council informs the Chancellor after consultation in the Presidential Conference , that the required federal regulations pertaining to the handling of secondary market-relevant information are in place. The Chancellor Announces the date of the entry into force in the Federal Law Gazette II."

Fischer

Faymann