Esm Companion Novella

Original Language Title: ESM-Begleitnovelle

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65. Federal Law, with which the Federal Constitutional Law and the Balance of Payments Stabilisation Act are amended (ESM-accompanying novella)

The National Council has decided:

Article 1

(constitutional provision)

Amendment of the Federal Constitutional Law

The Federal Constitutional Law, BGBl. No. 1/1930, as last amended by the Federal Act BGBl. I No 51/2012, shall be amended as follows:

(1) The following Articles 50a to 50d shall be inserted in accordance with Article 50:

" Article 50a. The National Council acts in matters of the European Stability Mechanism.

Article 50b. An Austrian representative in the European Stability Mechanism may

1.

a proposal for a decision to grant, in principle, stability aid to a Member State,

2.

a change in the approved capital stock and an adjustment of the maximum lending volume of the European Stability Mechanism and a call for approved non-paid share capital and

3.

Changes to the financial assistance instruments

only agree or abstain in the decision-making process if the National Council has authorized it to do so on the basis of a proposal by the Federal Government. In cases of special urgency, the Federal Minister responsible may refer the matter to the National Council. Without the authorisation of the National Council, the Austrian representative must reject the proposal for such a decision.

Article 50c. (1) The relevant Federal Minister shall inform the National Council immediately in matters of the European Stability Mechanism in accordance with the provisions of the Federal Law on the Rules of Procedure of the National Council. The Federal Act on the Rules of Procedure of the National Council provides for the right of opinion of the National Council.

(2) If the National Council has delivered an opinion on matters relating to the European Stability Mechanism in good time, the Austrian representative in the European Stability Mechanism shall have them in the course of negotiations and votes. consideration. After the vote, the competent Federal Minister shall report to the National Council without delay and, if appropriate, inform him of the reasons why the Austrian representative did not take account of the opinion.

(3) The relevant Federal Minister shall regularly report to the National Council on the measures taken within the framework of the European Stability Mechanism.

Article 50d. (1) The provisions of Articles 50b and 50c (2) and (3) shall be determined by the Federal Act on the Rules of Procedure of the National Council.

(2) The Federal Act on the Rules of Procedure of the National Council provides for further competences of the National Council for participation in the exercise of voting rights by Austrian representatives in the European Stability Mechanism .

(3) In order to participate in the affairs of the European Stability Mechanism, the Committee of the National Council, which is entrusted with the preliminary consultation of the Federal Finance Law, shall select permanent subcommittees. Each of these permanent subcommittees must belong to at least one member of each party represented in the main committee of the National Council. Powers of the National Council pursuant to para. 2, Art. 50b and 50c may be transferred to these permanent subcommittees by the Federal Act on the Rules of Procedure of the National Council. The Federal Act on the Rules of Procedure of the National Council has to make provision for the permanent subcommittees to be convened at any time and be able to meet. If, pursuant to Article 29 (1), the National Council is dissolved by the Federal President, the permanent subcommittees shall be responsible for participation in matters of the European Stability Mechanism. "

(2) Article 151 is added to the following paragraph 52:

" (52) Art. 50a to 50d in the version of the Federal Law BGBl. I No 65/2012 shall enter into force at the same time as the Treaty establishing the European Stability Mechanism. '

Article 2

Amendment of the Balance of Payments Stabilisation Act

The Federal Act on Participation in International Balance of Payments Stabilisation (Balance of Payments Law), BGBl. N ° 52/2009, as last amended by the Federal Law BGBl. I No 90/2011, shall be amended as follows:

1. In § 4a the word "Main Committee" through the phrase "Committee responsible for the preliminary consultation of federal financial legislation" replaced.

Fischer

Faymann