Amendment Of The Rules Of Procedure Act 1975

Original Language Title: Änderung des Geschäftsordnungsgesetzes 1975

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66. Federal Act amending the Federal Act on the Rules of Procedure of the National Council (Rules of Procedure 1975)

The National Council has decided:

The Federal Act on the Rules of Procedure of the National Council (Rules of Procedure 1975), BGBl. No. 410/1975, as last amended by the Federal Act BGBl. I No 114/2011, shall be amended as follows:

1. In § 20 Abs.1 and 5, the word shall be "Chapter" by the word "Subdivisions" replaced.

2. According to § 20b a new § 20c is inserted:

" § 20c. The Austrian Deputy Member of the Board of Governors of the European Stability Mechanism, the Austrian member of the Board of Directors of the European Stability Mechanism and its alternates shall be responsible for participation in the Negotiations of the Permanent Subcommittees on matters relating to the European Stability Mechanism in accordance with Section 32f. They can also take the word in the debates repeated times, but without interrupting a speaker. "

3. In § 21 (1), after the word order "Templates relating to initiatives and decisions of the European Council and of the Council pursuant to Article 23i (1), (3) and (4) B-VG, and Article 23j (1) B-VG;" the following expression is inserted:

"Templates on proposals for decisions of the European Stability Mechanism under Art. 50b B-VG;"

4. In § 21 (2), after the phrase "Reports of the Main Committee in accordance with the specific legal provisions;" the following expression is inserted:

"Reports and requests from the Standing Subcommittee of the Budget Committee on matters relating to the European Stability Mechanism."

5. In § 23 (3), after the word order "according to § 31b," the phrase "The documents to be transmitted by the National Council documents, reports, information and communications relating to Art. 50b, 50c and 50d B-VG according to § 74f," inserted.

6. In § 31 (1), the quote shall be " Art. 2 B-VG " by quoting " Art. 3 B-VG " replaced.

7. § 31c (7), first sentence reads:

"Negotiations of the Main Committee in matters of the European Union shall be open to the public without prejudice to the provisions of Section 47 (1), without prejudice to the provisions of paragraph 6."

8. In Section 32a (3), the word order shall be "its Standing Subcommittee" through the phrase "its permanent subcommittees according to paragraph 1 and section 32f" replaced.

9. According to § 32e, the following § § 32f to 32k shall be inserted:

" § 32f. (1) The Budget Committee shall vote in accordance with Art. 50d (3) B-VG

1.

a permanent subcommittee with the participation of secondary market relevant measures under the European Stability Mechanism (the Standing Subcommittee on Secondary Market Affairs-ESM), and

2.

a standing sub-committee with the participation in all other matters governed by the provisions of this Federal Act of the European Stability Mechanism and the pre-consultation of documents in accordance with Section 74d (1) (Standing Subcommittee in ESM matters)

is entrusted with the task. Each sub-committee shall include at least one member of each party represented in the main committee of the National Council. The provisions relating to the organisation and procedures of subcommittees shall apply to the Permanent Subcommittees, unless otherwise specified in the following paragraphs and in § § 32g to 32k. However, by way of derogation from Section 34 (4), an interruption of the meeting shall be admissible only within the framework of the time limits applicable to the decision-making at the level of the European Stability Mechanism.

(2) The negotiations of the Permanent Sub-Committees shall be confidential, except for the pre-consultation of subcommittees pursuant to Section 74d (1) and insofar as these do not decide otherwise. In any case, they shall be confidential if this is required in accordance with Section 74g (1).

(3) The Standing Subcommittee on Secondary Market Matters-ESM shall apply in accordance with Section 31 (2). Before the election pursuant to paragraph 1 (1) (1) (1), the President shall hold a consultation with the members of the Presidential Conference on the composition of the Subcommittee. Its members shall be insult by the President of the National Council for the protection of confidentiality. Section 32d (5) shall apply mutatily.

§ 32g. (1) A Standing Subcommittee in accordance with Section 32f shall be convened by the Chairman in such a way that he may meet within a reasonable period of time if this is requested by the competent Federal Minister or by 20 members of the National Council, with each Member of Parliament having a such desire may only be supported once a year. In doing so, the Chairman shall take into account the deadlines set for decision-making at the level of the European Stability Mechanism. If the chairman does not make the convocation within the time limit, it shall be made by the President.

(2) Apart from Section 34 (4), a submission pursuant to Section 74e shall be placed on the agenda of a Standing Subcommittee pursuant to Section 32f, if this is the case

1.

the competent Federal Minister, or

2.

20 members of the National Council

requires or require. Members of the same club can only ask for such a request.

(3) A Member's request to speak in negotiations of a Standing Subcommittee pursuant to Section 32f may not exceed 20 minutes, provided that a Standing Subcommittee pursuant to Section 32f does not decide otherwise.

§ 32h. (1) The Permanent Subcommittee on ESM matters may authorise the Austrian representative in the European Stability Mechanism on the basis of a submission in accordance with Section 74e (1) Z 1 and 2.

1.

a change in the authorised capital stock and an adjustment of the maximum lending volume of the European Stability Mechanism under Article 10 (1) of the Treaty establishing the European Stability Mechanism (ESM-Treaty),

2.

a call for approved non-paid share capital pursuant to Article 9 (1) of the ESM Treaty;

3.

changes in the regulations and conditions for the revocation of capital pursuant to Article 9 (4) of the ESM Treaty;

4.

an acceptance of an agreement on the financial assistance facility under Article 13 (3) of the ESM Treaty and a memorandum of understanding pursuant to Article 13 (4) of the ESM Treaty; and

5.

a decision on the provision of additional instruments without amendment of the overall financing volume of an existing financial assistance facility, as well as substantial changes to the conditions of the financial assistance facility

, or to abstain in the decision-making process. Without such an authorisation, the Austrian representative shall reject the proposal for a decision.

(2) The special urgency of the decision referred to in paragraph 1 (1) (4) and (5) requires the competent Federal Minister to expressly point out in the relevant submission and the reasons for the particular urgency and urgency of the decision. to indicate the relevant deadlines at the level of the European Stability Mechanism for its treatment.

(3) The Chairman shall, in the cases referred to in paragraph 2, immediately convene the Standing Subcommittee on ESM matters in accordance with Section 32g (1) of the Treaty and put the submission on the agenda.

(4) In a meeting of the National Council following the adoption of a decision in accordance with paragraph 1 Z 4 and 5 in the institutions of the ESM, an ESM declaration shall be made by members of the Federal Government pursuant to Section 74d (4).

§ 32i. (1) The Permanent Subcommittee in ESM Affairs may also repeatedly deliver opinions in accordance with Art. 74d (1) and (1) 74e (1) and (2), as well as documents, documents and proposals for decisions pursuant to § 1 ESM Information Rules. 50c para. 1 B-VG.

(2) In the event of the reimbursement of an opinion referred to in paragraph 1, the Austrian representative in the European Stability Mechanism shall take them into account in negotiations and votes. The relevant Federal Minister shall report without delay to the Standing Subcommittee on ESM matters after the vote and, where appropriate, to inform him of the reasons why the Austrian representative does not comment on the opinion. .

(3) The Permanent Subcommittee on ESM Affairs may take note of reports pursuant to paragraph 2 or may refuse to take note of the reports.

§ 32j. (1) Before entering into the debate on a submission pursuant to Section 74d (1) and Section 74e (1), the Chairman may be the competent Federal Minister. To give the Austrian representative in the European Stability Mechanism, in accordance with § 20c, the floor to an introductory report on the submission and its position on the proposal.

(2) After the opening of the debate, any member of the Standing Subcommittee on ESM matters may make a written request for an opinion in accordance with Section 32i.

(3) The President of the National Council has

1.

Decisions pursuant to § 32h immediately to the members of the Federal Government, and

2.

Opinions pursuant to § 32i immediately to the competent Federal Minister

shall be transmitted. Unless the Standing Subcommittee on ESM matters decides otherwise, decisions pursuant to Section 32h and Opinions pursuant to Section 32i shall be made available pursuant to Section 39 (1).

(4) Where the deliberations and decision-making of the Permanent Subcommittee on ESM matters are confidential, a distribution or a statement pursuant to paragraph 3 shall remain in place until such time as the reasons for confidentiality are eliminated. . The Standing Subcommittee shall decide by decision on the date of such a decision.

(5) The Permanent Subcommittee on ESM matters may, with the exception of the urgency cases in accordance with Section 32h (2), decide that a template pursuant to § 32h Z 1 to 5 or § 32i is negotiated by the National Council. In this case, the Standing Subcommittee shall report to the Standing Subcommittee, which may contain recommendations for decision-making pursuant to Section 32h and requests pursuant to paragraph 2 as well as requests pursuant to Article 27 (3).

§ 32k. (1) The Standing Subcommittee on Secondary Market Matters-ESM may authorise the Austrian representative in the European Stability Mechanism on the basis of a presentation by the competent Federal Minister pursuant to Section 74e (2), proposals for: To approve decisions concerning secondary market interventions under the European Stability Mechanism pursuant to Article 18 (1) and (6) of the ESM Treaty or to abstain in the decision-making process. Without such an authorisation, the Austrian representative must reject the proposal for a decision.

(2) The Standing Subcommittee in Secondary Market Matters-ESM may also repeatedly issue opinions pursuant to Art. 50c (1) B-VG on templates pursuant to Section 74e (2).

(3) § 32g and § 32j (1) to (4) shall apply mutatily. "

10. According to the Xb section, a new section Xc becomes. inserted:

" Xc. Special provisions for the participation of the National Council in matters relating to the European Stability Mechanism

§ 74c. The National Council acts in matters of the European Stability Mechanism in accordance with Articles 50b, 50c and 50d (2) B-VG.

§ 74d. (1) The National Council may, on the basis of a presentation by the Federal Government, authorize the Austrian representative to the European Stability Mechanism in accordance with Art. 50b B-VG,

1.

a proposal for a decision to grant, in principle, financial assistance to a Member State; and

2.

Changes to the financial assistance instruments

, or to abstain in the decision-making process. Without the authorisation of the National Council, the Austrian representative must reject the proposal for a decision.

(2) The competent Federal Minister may refer the matter to the National Council without delay if the special urgency requires an immediate decision to be taken in accordance with paragraph 1 (1) (1). The proposal for a decision in accordance with paragraph 1 (1) (1) shall specify the reasons for the special urgency and the relevant deadlines at the level of the European Stability Mechanism for its treatment. The President shall immediately assign such a proposal to the Permanent Subcommittee on ESM matters in accordance with Section 32f (1) (2) of the Treaty.

(3) The Chairman shall, in the cases referred to in paragraph 2, immediately convene the Standing Subcommittee on ESM matters in accordance with Section 32g (1) of the Treaty and put the submission on the agenda. On a proposal from the chairman, or at the request of a Member, the Standing Subcommittee may decide that, on account of the particular urgency, it shall exercise the powers conferred on the National Council under this Federal Law. Such a decision is to be published without delay in accordance with Section 39 (1) together with the decision pursuant to Section 1 (1) (1) (1).

(4) An ESM declaration by members of the Federal Government and subsequent debate shall take place in the meeting of the National Council following the decision-making pursuant to paragraph 3. It serves the information of the National Council on the decision, the reasons for its urgency and the impact on Austria. Only motions for resolutions may be tabled in the debate on such a decision.

§ 74e. (1) Items of the negotiations of the Permanent Subcommittee in ESM matters pursuant to Section 32f (1) (2) are

1.

Templates relating to decisions pursuant to Art. 50b Z 2 B-VG,

2.

Templates of the Federal Minister responsible for decisions under the European Stability Mechanism pursuant to Section 32h (1) (3) (3) to (5),

3.

information, documents and proposals for decisions in accordance with the provisions of the ESM Information Rules and all documents directly forwarded to the national Parliaments by the institutions of the European Stability Mechanism; and

4.

Reports of the competent Federal Minister pursuant to Section 32i (2).

(2) Items of the negotiations of the Permanent Subcommittee on Secondary Market Matters-ESM pursuant to Section 32f (1) (1) (1) are templates and reports of the relevant Federal Minister, as well as information, documents and proposals for decisions concerning Secondary market operations within the framework of the European Stability Mechanism under Article 18 of the ESM Treaty.

§ 74f. (1) After the submission of documents in accordance with Section 74d (1) and (2), the President shall have the immediate reproduction and distribution to the Members of Parliament. It assigns templates to the Permanent Subcommittee in ESM matters for pre-consultation in accordance with Section 74d (1).

(2) After the submission of documents in accordance with Section 74e (1), the President shall have the immediate reproduction and distribution to the members of the Permanent Subcommittee in ESM matters and shall assign them directly to the members of the Permanent Subcommittee.

(3) Reports of the competent Federal Minister pursuant to Art. 50c (3) B-VG in conjunction with Section 6 of the ESM Information Rules shall be assigned by the President to the Budget Committee for the Final Conclusion. The provisions relating to the treatment of reports by the Federal Government and its members pursuant to Section 28b (2) and (4) shall not apply.

(4) After the submission of documents from the competent Federal Minister in accordance with Section 74e (2), the President shall have an immediate distribution to the members of the Permanent Subcommittee on Secondary Market Matters-ESM and shall have this directly to the latter to.

(5) The Federal Government or The competent Federal Minister may amend or withdraw templates and reports in accordance with § 74d (1) and (2) and § 74e until the beginning of the vote in a Standing Subcommittee pursuant to Section 32f. § 25 shall apply in accordance with paragraphs 2 and 4.

§ 74g. (1) The members of the Federal Government and the National Council shall respect the security classification of the institutions of the European Stability Mechanism through a special confidentiality of templates, documents, reports and proposals for decisions in the framework of of the European Stability Mechanism.

(2) For information on further documents and documents relating to measures under the European Stability Mechanism and the handling of such measures, the provisions on information and handling of documents, documents and reports shall apply: Information and communications within the framework of the European Stability Mechanism (ESM-Information Rules), which form part of Annex 3 to this Federal Law. "

11. In § 91a (1), the quote shall be: " Art. 21 para. 3 B-VG " by quoting " Art. 125 (3) B-VG " replaced.

12. In § 3 Z 6 and § 4 (1) of Appendix 2 to the GOG (Distribution Regulation-EU) the word "Trés" by the word "Très" replaced.

13. In § 4 (3) of Appendix 2 to the GOG (Distribution Regulation-EU), the following is deleted.

14. The Law on the Rules of Procedure shall be followed by the following annex concerning provisions for the information and handling of documents, documents, reports, information and communications within the framework of the European Stability Mechanism (ESM-Information Rules):

" Appendix 3 to the GOG

Provisions for the information and handling of documents, documents, reports, information and communications under the European Stability Mechanism

(ESM-Information Rules)

§ 1. The competent Federal Minister shall inform the National Council without delay of any measures taken within the framework of the European Stability Mechanism, which shall affect the financial management of the Federal Government. Information shall be provided, in particular, by means of information, documents and proposals for decisions concerning:

1.

the resolution of the Emergency Reserve Fund pursuant to Article 4 (4) of the Treaty establishing the European Stability Mechanism (ESM-Treaty),

2.

Conclusions of the European Commission and the ECB in accordance with Article 4 (4) of the ESM Treaty,

3.

capital calls pursuant to Art. 9 (1) and (2), and rules on capital calls pursuant to Article 9 (4) of the ESM Treaty,

4.

Changes in the approved capital stock and adjustment of the maximum lending volume under Article 10 (1) of the ESM Treaty,

5.

Rules for capital changes pursuant to Article 10 (2) of the ESM Treaty

6.

Applications and analyses pursuant to Article 13 (1) of the ESM Treaty,

7.

the basic provision of stability assistance by the ESM in accordance with Article 13 (2) of the ESM Treaty,

8.

the adoption of an agreement on the financial assistance facility under Article 13 (3) of the ESM Treaty;

9.

Declarations of intent (Memorandum of Understanding) under Article 13 (3) of the ESM Treaty,

10.

Reports under Article 13 (7) of the ESM Treaty,

11.

Guidelines pursuant to Art. 14. Paragraph 4, Art. 15 (4), Art. 16 (4), Art. 17 (4), Art. 18 (5) ESM Treaty,

12.

Maintenance of credit lines under Article 14 (5) of the ESM Treaty,

13.

Investigations pursuant to Article 14 (6) of the ESM Treaty,

14.

Payments under Article 15 (5), Art. 16 (5), Art. 17 (5) ESM Treaty,

15.

the initiation of secondary market operations in accordance with Article 18 (6) of the ESM Treaty,

16.

Pricing guidelines in accordance with Article 20 (2) of the ESM Treaty,

17.

the distribution of dividends and dividends pursuant to Art. 23 of the ESM Treaty

18.

Guidelines and rules on reserve funds under Article 24 (3) and (4) of the ESM Treaty,

19.

the determination of the annual financial statements in accordance with Article 27 (1) of the ESM Treaty;

20.

Quarterly financial statements in accordance with Article 27 (2) of the ESM Treaty,

21.

the transfer of the EFSF aid pursuant to Article 40 (1) and (2) of the ESM Treaty; and

22. Applications for accession to the European Stability Mechanism under Article 44 of the ESM Treaty.

§ 2. The competent Federal Minister shall also inform the National Council after the decision has been taken in the institutions of the European Stability Mechanism.

1.

the appointment of the Chairman of the Board of Governors in accordance with Article 5 (2) of the ESM Treaty;

2.

the transfer of tasks pursuant to Art. 5 (6) lit. m ESM Treaty,

3.

the adoption of the Articles of Association and Rules of Procedure pursuant to Article 5 (7) (lit). C ESM Treaty,

4.

the appointment and termination of the term of office of the Executive Director pursuant to Art. 7 of the ESM Treaty;

5.

Measures for the recovery of a debt under Article 25 (2) and (3) of the ESM Treaty,

6.

the appointment of the members of the Audit Committee in accordance with Article 30 (1) of the ESM Treaty;

7.

the waiver of the immunity of the Austrian representatives in the institutions of the European Stability Mechanism in accordance with Article 35 (2) of the ESM Treaty,

8.

the presentation of disputes to the Court of Justice of the European Union in accordance with Article 37 (3) of the ESM Treaty and

9.

Adjustments under Article 44 of the ESM Treaty.

§ 3. (1) As soon as it is established that a submission pursuant to Section 74d (1) (1) of the Law on the Rules of Procedure relating to a proposal for a decision shall, in principle, grant financial assistance to a Member State, at a meeting of the Standing Subcommittee in The President of the Federal Republic of Germany, the Federal Minister responsible for the ESM, has to provide the National Council with a written information with an assessment of the application from the Austrian point of view.

(2) The transmission shall be made no later than two days before the scheduled treatment in the Permanent Subcommittee on ESM matters.

§ 4. At the same time as the respective document in accordance with Articles 1 and 2, information on the date and status of the document as well as on the security classification by institutions of the European Stability Mechanism shall be transmitted.

§ 5. (1) After the submission of documents in accordance with Articles 1 to 3, the President shall have the immediate reproduction and distribution of documents to the members of the Permanent Subcommittee in ESM matters, as well as to one of the clubs ' namhaft-like. Person for which the name of a representation is allowed.

(2) Where documents submitted in accordance with Articles 1 to 3 relate to secondary market interventions under the European Stability Mechanism under Article 18 of the ESM Treaty, the President shall have the immediate reproduction and reproduction of documents and shall be subject to the following conditions: Distribution to the members of the Permanent Subcommittee on Secondary Market Matters-ESM, as well as to a person appointed by the clubs, for which a representation is admissible.

§ 6. In accordance with Article 50c (3) B-VG, the competent Federal Minister shall submit to the National Council, within one month from the end of the calendar quarter, a report on the measures taken under the European Stability Mechanism, in to which they are described and explained.

§ 7. Templates and reports pursuant to Section 74e (1) and (2) of the Rules of the Rules of Procedure as well as reports pursuant to Art. 50c (3) B-VG shall also be distributed to a person appointed by the clubs for which a representation is admissible.

§ 8. The persons appointed by the clubs in accordance with Articles 5 and 7 and the competent officials of the Parliament's Directorate shall be informed by the President of the maintenance of confidentiality.

§ 9. Information, documents and proposals for decisions pursuant to Sections 1 and 2, which are not open to the public in accordance with the security classification by institutions of the European Stability Mechanism, may be made available to the public , if the reasons for confidentiality are eliminated. The competent Permanent Subcommittees shall decide on the date of such a decision in accordance with Section 32f of the Law on the Rules of the Rules of Procedure. "

15. § 109 GOG-NR is added to the following paragraph 6:

" (6) § 20c, § 21 para. 1 and 2, § 23 para. 3, § 32a para. 3, § 32f para. 1 Z 2 and para. 2, § § 32g to 32j, the designation of section Xc, § § 74c and 74d, § 74e para. 1, § 74f para. 1 to 3 and para. 5, § 74g, § 107, § 24 para. 1 of Appendix 1 to the GOG (Rules of Procedure for Parliamentary Committees of Inquiry), the title and the heading of Annex 3 to the Law on the Rules of Procedure 1975: " Provisions for the provision of information and handling of documents, documents, reports, information and communications under the European Stability Mechanism (ESM-Information Rules) ", § 1 Z 1 to 10, Z 11 with regard to documents relating to guidelines pursuant to Art. 14 (4), Article 15 (4), Article 16 (4) and Article 17 (4) of the ESM Treaty, Z 12 to 14 and Z 16 to 22, § § 2 to 4, § 5 (1), § 6 to 9 of Appendix 3 to the GOG (ESM Information Code), in each case in the Constitution of the Federal Law BGBl. I n ° 66/2012, enter into force at the same time as the Treaty establishing the European Stability Mechanism. Section 32f (1) (1) and (3), § 32k, § 74e (2), § 74f (4), Section 1 (11) of the German Act on Guidelines pursuant to Article 18 (5) of the ESM Treaty, Section 1 (15) and Section 5 (2) of Annex 3 to the GOG (ESM-Information Rules), in the version of the Federal Law BGBl. I n ° 66/2012, will enter into force as soon as the President of the National Council, after deliberation in the Presidential Conference, informs the Federal Chancellor that the necessary federal provisions concerning the handling of secondary market relevant Information in force. The Federal Chancellor shall announce the date of entry into force in the Federal Law Gazan II. "

Fischer

Faymann