Amendment Of The Rules Of Procedure Of The Federal Council

Original Language Title: Änderung der Geschäftsordnung des Bundesrates

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141. Proclamation of the Federal Chancellor concerning the amendment of the rules of procedure of the Federal Council

On the basis of article 37 paragraph 2 of the Federal Constitution Act is published which adopted amendment of the rules of procedure of the Federal Council in the system by the Federal Council on December 15, 2011.

Faymann

 

 

Plant

The rules of procedure of the Federal Council dated 30 June 1988, Federal Law Gazette No. 361/1988, amended by the Federal Law Gazette I no. 41/2010, is amended as follows:

1. paragraph 13a:

'article 13a. (1) a Committee is elected consulting of projects within the framework of the European Union in accordance with article 23e B-VG and preliminary discussion of proposals on bringing an action pursuant to section 21a in the Federal Council for Affairs of the European Union (EU Committee) according to the principles of article 13. Also all of the institutions of the European Union directly forwarded to the national parliaments documents to projects in the framework of the European Union are subject to the negotiation of the EU Committee.

(2) the EU Committee can also repeatedly 1. give an opinion in accordance with article 23e paragraph 1 B-VG 2 a proposed derogation by the competent Federal Minister in accordance with article 23e paragraph 4 B-VG contradict 3rd take reports of the competent Federal Minister in accordance with article 23e paragraph 4 B-VG note or deny read or a notification pursuant to article 23f para 4 B-VG decide 4. or 5 give a reasoned opinion in accordance with article 23 g para 1 B-VG or one 6 by the competent Federal Minister Statement in accordance with article 23 g para. 2 B-VG demand or 7 the Federal Council an opinion in accordance with article 23e paragraph 1 B-VG, a communication pursuant to article 23f para 4 B-VG or a reasoned opinion in accordance with article 23 g para 1 B-VG recommend.              

(3) if the Federal Council decides it or each, more than half of the Federal councils in three countries required until the beginning of the deliberations in the Committee, providing an opinion, a release or a reasoned opinion is subject to the Federal councils. The EU Committee in these cases has until the beginning of the Federal Council meeting, in which an undertaking referred to in article 23e B-VG is negotiated, to report to a Federal Council, which Z 7 may contain an application in accordance with section 13a, paragraph 2 without prejudice to a proper application of § 16 para 3.

(4) apart from article 28, para. 3, a project of the European Union in accordance with article 23e B-VG on the agenda of an EU Committee is to if this 1 requires the competent Member of the Federal Government, or 2. each more than half of the Federal councils of three countries or a quarter which requires members of the Federal Council or a member of the EU Committee to no later than 48 hours before a session requires 3 and the project is expected to be decided at the next meeting of the Council of the European Union is, can make with just such a request Federal of faction.

(5) as soon as it is clear that a project in accordance with section 13a in a meeting of the EU Committee agenda item should be treated, the President of the competent Federal Minister requests a written information in accordance with the provisions of the EU information act as amended by Federal Law Gazette No. 113/2011 I

(6) if required by a group represented in the Committee, the President of the competent Federal Minister requests a written information to a European document in accordance with the provisions of the EU information act as amended by Federal Law Gazette No. 113/2011 I At least three such request are entitled to one year each group, the President decides on more demand for advice in the Presidential Conference. "In addition, each faction can a written information about an upcoming decision in Affairs in accordance with § 5 Z 1 to 5 EU information law as amended by Federal Law Gazette I no. 113/2011 with the restriction require that each only such a request may be done by impending decision."

2. paragraph 13b:

"article 13 b. (1) for the participation of the EU Committee according to article 23e B-VG, as well as with regard to the advice of applications for bringing an action pursuant to section 21a provisions on the committees of the Federal Council of the IV. find section mutatis mutandis application, unless these bylaws otherwise."

(2) the deliberations of the EU Committee on projects in the framework of the European Union are confidential, if regulations of the European Union concerning the secrecy of such projects or documents that refer to it, require this.

(3) negotiations of the EU Committee on projects in the framework of the European Union are public. subject to paragraph 2, where the public's demand in accordance with the spatial possibilities in favor of media representatives, access is granted. Sound and image recordings are allowed, if the Committee so decides. At the request of a Committee member, the public may be excluded from important reasons - also for parts of the advice -.

(4) each Federal Council, as well as the members of the European Parliament elected in Austria are subject to § 31 para 2 and section 4 paragraph 2 of the annex to these rules of procedure ' provisions for dealing with and the distribution of templates, documents, reports, information, and communications projects in the framework of the European Union "entitled to be present at the negotiations of the EU Committee on projects in the framework of the European Union with an advisory vote.

(5) the Chairman of the Committee has the right to make the point "Debate on current issues in matters within the framework of the European Union" on the agenda of a meeting. He is obliged, if the Committee front entrance so decides in the order of the day. In the debate, only applications can be made for treating business. The Chairman has the right to explain the debate after a sufficient discussion to be over.

(6) before input to the debate on a project in the framework of the European Union the Chairman may grant this seconded members of the Department the competent Federal Minister or a Word to an introductory report on the project and the attitude of the competent Federal Minister spoke out.

(7) after the opening of the debate on the subject of negotiations each Member of the EU Committee can bring in writing requests for decisions within the meaning of section 13a, paragraph 2: 1 requests for opinions pursuant to article 23e B-VG have designs in to contain, whether by a Federal Constitutional Act to implement the project is that paragraph 2 would require B-VG of the consent of the Federal Council under article 44;

2. applications for the decision of a notice referred to in article 23f para 4 B-VG have projects in accordance with section 13a, paragraph 1, to which the communication refers, and the addressee, as well as other recipients to identify;

3. Requests for reasoned opinions under article 23 g para 1 B-VG have to contain remarks about why the draft with the principle of subsidiarity is compatible.

(8) the Conference is done after the exhaustion of the list of speakers, provided that a request under paragraph 6 nor a request for adjournment was made.

(9) the President of the Bundesrat has 2. notifications pursuant to article 23f para 4 B-VG to the respective addressee for immediate delivery 1 the opinions and other resolutions to all members of the Federal Government, and other recipients, as well as the reasoned opinions referred to in article 3 B-VG 23 g para 1 of the President of the European Parliament, the Council and the Commission to ensure.

Unless the Committee decides otherwise, are opinions, reasoned opinions and messages to spread also to all members of the Federal Council, the President of the National Council, the provincial Council, the land Premiers, as well as to the members of the European Parliament elected in Austria.

(10) on the negotiations of the EU Committee will - if the Committee does not otherwise decides, or providing an opinion, a release or a reasoned opinion pursuant to § 13a 3 is reserved for the Federal Council – submitted partial representations, which are connected to the official record. Partial representations of public parts of negotiations are as to issue supplement to the stenographic protocols."

3. paragraph 16 paragraph 1:

"Section 16 (1) (subjects of the negotiations of the Federal Council are: a) law decisions and other decisions of the National Council;"

b) projects in accordance with article 23e B-VG, over which the competent members of the Government have to inform the Federal Council;

c) independent requests by federal councillors and independent requests from federal councils on bringing an action for infringement of the subsidiarity principle in accordance with § 21a;

(d) templates of the Federal Government or its members;

(e) reports of parliamentary delegations;

f) reports of the Ombudsman;

(g) request for the authority to prosecute people for insulting the Federal Council;

h) separate proposals from committees;

(i) declarations by the Federal Government or its members;

(j) declarations of the country main men;

(k) election (election proposals);

l) requests (request replies);

(m) input (petitions)."

4. § 18 para 3 and 4 are:


"(3) the information on projects in the framework of the European Union article is done in accordance with the provisions of 23e to 23j B-VG, as well as the provisions of the EU information act as amended by Federal Law Gazette I no. 113/2011, unless these bylaws otherwise."

"(4) for dealing with and the distribution of templates, documents, reports, information, and communications projects in the framework of the European Union apply" provisions for dealing with and the distribution of templates, documents, reports, information, and communications projects in the framework of the European Union "(EU distribution order or VO-EU), which form an integral part of thereof as an appendix to these rules of procedure."

5. § 20 para 4 and 5 are:

"(4) modifications of articles require 34 and 35 B-VG in accordance with § 58 para 2 of the approval of the Bundesrat. Further resolutions of Council regarding a federal constitutional law or constitutional provisions contained in simple laws of federal, will restrict the competence of the Länder in legislation or enforcement, state contracts in accordance with article 50 require the consent of the Federal Council in accordance with section 58 subsection 3 par. 1 Z 2 B-VG, as well as article 50 para. 2 Z 2 B-VG, resolutions of the National Council in accordance with article 23i para 1 that first set of 2, 3 and 4 B-VG, as well as article 23j par. 1 B-VG. Approval also act resolutions, which provide for a period of less than six months or over a year 12 B-VG for the issuing of execution laws in matters under article require.

(5) as far as law decisions of the National Council the rules of procedure of the National Council, the resolution of the National Council, a federal law, with the more detailed provisions on the creation of the Federal Finance frame law, the Federal Finance Act and about the other federal financial management be taken, a Federal Finance frame law, a federal finance law, a temporary provision within the meaning of article 51a para 4 B-VG, or an available federal assets, the acquisition or conversion of a liability of the Federal Government ", taking or the conversion of a debt of the Federal Government or the approval of a federal accounts relate, is no contribution to the Federal Council."

6 § 21a and heading is as follows:

"Independent requests by federal councillors on bringing an action for breach of the principle of subsidiarity

§ 21a. (1) every Federal Council can bring an independent application for bringing an action against a legislative act within the time limit laid down in accordance with article 8 of the Protocol on the application of the principles of subsidiarity and proportionality in the context of the European Union the Court of Justice of the European Union for a breach of the principle of subsidiarity.

(2) the request must be accompanied by the formula: "The Federal Council would decide" and shall contain the text of the decision by the Federal Council of the writ. The writ has to comply with the requirements of the applicable statutes and rules of procedure of the Court of Justice of the European Union. The application has information regarding to contain the deadline. The Act, whose annulment is sought is to settle. The application is the President in writing, with the handwritten signature of the applicant or the applicant, to pass. The property as a subject must be clearly indicated in the application. At least four counterparts are each request to settle.

(3) the provisions of § 21 para 3 and 4 are to apply by analogy.

(4) the President assigns requests for bringing an action referred to in paragraph 1 immediately after the receipt of the EU Committee. The EU Committee has such requests without delay in negotiating to take.

(5) the decision on the bringing of an action referred to in paragraph 1 is to deliver without delay to the Federal Chancellor's Office and to forward to the President of the National Council."

7 paragraph 27:

"Article 27 (1) the German language is the exclusive language of the Federal Council and its committees.

(2) in the case of the participation of personalities of European and international policy in accordance with § 38a of the President can set after consulting in the Presidential Conference an exception to paragraph 1."

8 § 38a including heading is as follows:

"Participation of personalities of European and international policy in the negotiations in the Swiss Federal Council

§ 38a. The President may invite outstanding personalities of European and international policy after consultation in the Presidential Conference to make a statement on a particular topic in a meeting of the Federal Council. Following the Declaration, usually a debate takes place, whose duration and form also by the President after consultation is determined in the Presidential Conference. No applications may be made in this debate. actual corrections are not allowed."

9 § 43a is as follows:

"§ 43a. (1) as soon as the debate to a project in accordance with article 23e B-VG is opened, written requests for comments, reasoned opinions and announcements by three federal councillors will be for this purpose. § 43 para 2 to 4 and 6 shall apply mutatis mutandis.

(2) in the case of debates on separate requests by federal councillors on bringing an action for infringement of the subsidiarity principle in accordance with § 21a § 43 shall apply mutatis mutandis."

10 paragraph 58 and heading:

"Resolution requirements

58. (1) a decision of the Federal Council are, as far as the Federal Constitution Act or the rules of procedure not otherwise determine the presence of at least one-third of the Federal councils and the absolute majority of the votes required. Vote, a proposal (proposal) is rejected.

(2) the decision on approval of a law decision of the National Council concerning a change in the articles 34 and 35 B-VG need except the requirements of even the consent of the majority of the representatives of at least four countries mentioned in paragraph 1.

(3) the decision on approval of a decision of Council concerning a federal constitutional law or in simple federal laws contained provisions of the Constitution, which restricted the competence of the Länder in legislation and execution is state contracts in accordance with article 50 para 1 No. 2 B-VG, to a decision of the National Council in accordance with article 23i para 1, B-VG 3 first sentence and 4 B-VG, as well as article 23j para 1 requires the presence of at least half of the Federal councils and a majority of at least two-thirds of the votes cast.

(4) to a decision on an approval of an application for the Federal Government on dissolution of Parliament by the President, the presence of at least half of the Federal Council and a majority of at least two-thirds of the votes are required. The Federal Council elected by the Parliament to resolve may not participate in the vote. These federal councils are also in establishing the presence need not take into account.

(5) a decision of the Federal Council of a change in the rules of procedure the presence of at least half of the Federal Council and a majority of at least two-thirds of the votes are required to."

11. According to section 59, the following article 59a is inserted:

"§ 59a. (1) five members of the Federal Council can set short written questions to a member of the Federal Government to require information about what templates, documents, reports, information and messages to a particular project within the framework of the European Union within its area of effect have arrived within a specific period, but no more than in the last three months.

(2) a request referred to in paragraph 1 is in writing with at least four copies to pass the President. It must be used in by hand signed by at least five federal councils, the questioners included, provided and contain details of the projects to which it relates. The request is communicated to the respondent by the parliamentary staff.

(3) each Federal Council can support only such a request within three months.

(4) the respondent has to respond in writing within twenty working days of delivery of the request to the President. A supply of the desired information is not possible, the respondents so he has to justify this in the answer. At least four copies are each responding to settle. Templates, documents, reports, information, and communications to a project within the framework of the European Union, that EU information law I no. 113/2011 already available the National Council in accordance with article 2, paragraph 1, 2 or 3 as amended by Federal Law Gazette, must not be led by the respondents in answering.

(5) the distribution of the response is carried out according to § 18 paragraph 4."

12 paragraph 72 be added following paragraph 4 and 5:

"(4) § 59a occurs at the end of the in accordance with article 12, paragraph 1 EU information act as amended by Federal Law Gazette I no. 113/2011 of to making known unto day in force." As regards documents pursuant to article 12 paragraph 2 EU-information act as amended by Federal Law Gazette I no. 113/2011 does § 59a only with the end of the day to making known EU law information pursuant to § 12 para 2 in the Federal Law Gazette application.


(5) § 13a, 13B, article 16, paragraph 1, article 18, par. 3 and 4, section 20 para 4 and 5, § 21a, § 27, § 38a, § 43a, section 58 and the annex to the rules of procedure of the Federal Council: "provisions for dealing with and the distribution of templates, documents, reports, information, and communications projects in the framework of the European Union (distribution regulations-EU-VO-EU)", in the version of the enactment BGBl. I 113/2011 "that take effect from 1 January 2012."

13. the rules of procedure of the Federal Council is following appendix 1 regarding provisions for dealing with and the distribution of templates, documents, reports, information, and communications projects in the framework of the European Union (EU - VO-EU distribution order) added:

"Annex to the rules of procedure of the Federal Council

Provisions for dealing with and the distribution of templates, documents, reports, information, and communications projects in the framework of the European Union (distribution regulations-EU or VO-EU)

1. templates, documents, reports, information and communications projects in the framework of the European Union are § in the Bundesrat electronically available, unless determined otherwise § 3.

§ 2. The members of the Federal Council and of the clubs in the sense of the Club (funding) Act 1985, BGBl. No. 156/1985, in the current version, their people as well as staff of the parliamentary staff have access to templates, documents, reports, information and communications projects in the framework of the European Union pursuant to article 3 are Z 1-3, that I collected no. 113/2011 EU law on information in the database referred to in article 2, paragraph 1 and 2 as amended by Federal Law Gazette.

§ 3. The Federal Council noted the security classification of the institutions of the European Union on a special confidentiality of templates, documents, reports, information, and communications projects in the framework of the European Union. For the collection and distribution of templates, documents, reports, information and communications projects in the framework of the European Union, as well as the inspection of these the following provisions shall apply: 1. templates, documents, reports, information and communications projects in the framework of the European Union are recorded in the data bank in accordance with § 1 para 2 as amended by Federal Law Gazette I no. 113/2011 EU information law and are open to the public , unless on the basis of the Z 2 to 6 and section 5 otherwise determined. The acquisition of these documents in the EU database is considered distribution within the meaning of the rules of procedure of the Federal Council.

2. templates, documents, reports, information and communications projects in the framework of the European Union, which are suitable and not covered by the Z 3 to 6, not for publication in the EU database and are for members of the Federal Council and of the clubs in the sense of the Club (funding) Act 1985, BGBl. No. 156 / 1985, amended, designated persons, as well as staff of the parliamentary staff available. The acquisition of these documents in the EU database is considered distribution within the meaning of the rules of procedure of the Federal Council.

3. templates, documents, reports, information and communications projects in the framework of the European Union, the as "Restreint UE/EU restricted" classified are collected in the EU database and for the members of the Federal Council and of the clubs in the sense of the Club (funding) Act 1985, BGBl. No. 156/1985, in its up-to-date version, designated persons, as well as staff of the parliamentary staff available. Is used a project within the framework of the European Union on the agenda of the EU Committee, are they related to distribute having documents in the sense of this provision to the members of the EU Committee.

4. templates, documents, reports, information and communications projects in the framework of the European Union, the as "Confidentiel UE/EU confidential" are classified, are the members of the Presidential Conference and two of the clubs in the sense of the Club (funding) Act 1985, BGBl. No. 156/1985, in the current version, their people, naming a proxy is allowed for that, transferred to. Furthermore, such documents for the members of the Federal Council to the consultation of the parliamentary staff are available. Is used a project within the framework of the European Union on the agenda of the EU Committee, are they related to distribute having documents in the sense of this provision to the members of the EU Committee.

5. templates, documents, reports, information and communications projects in the framework of the European Union, the as "secret UE/EU secret" are classified, are for the members of the General Conference to the understanding of the parliamentary staff. Is used a project within the framework of the European Union on the agenda of the EU Committee, are they related to distribute having documents in the meaning of that provision for the duration of the session to the members of the EU Committee.

6 templates, documents, reports, information and communications projects in the framework of the European Union, the as "très secret UE/EU top secret" are classified, are for the members of the General Conference to the understanding of the parliamentary staff. Is used a project within the framework of the European Union on the agenda of the EU Committee, are they related to distribute having documents in the meaning of that provision for the duration of the session to the members of the EU Committee.

§ 4 (1) if at a meeting of the EU Committee, templates, documents, reports, information and communications projects in the framework of the European Union are treated, the as "secret UE/EU secret" or "très secret UE/EU top secret" are classified, to swear in the members of the EU Committee of the President of the Federal Council on maintaining the confidentiality present.

(2) the EU Committee decides the participation of persons belonging to non EU Committee as members, or whose participating is not apparent from article 75 B-VG, in the treatment of templates, documents, reports, information, and communications of the European Union referred to in paragraph 1 by decision. People who attend the session on the basis of such a decision are to swear by the President of the Federal Council on maintaining the confidentiality.

(3) in accordance with § 3 Z 4 out of the clubs in the Club Finance Act 1985, BGBl. are no. 156/1985, in its up-to-date version, designated persons to teach about maintaining the confidentiality of the President of the Federal Council.

§ 5. To deal with and the distribution of documents to projects in the framework of the European Union, created by Austrian institutions, same provisions as for dealing with and the distribution of those templates, documents, reports, information and communications projects in the framework of the European Union, to which they relate.

6. (1) the President of the Bundesrat can GO-BR in accordance with § 15 and after consultation in the Presidential Conference adopted rules concerning the technical requirements to be observed in the delivery and distribution of templates, documents, reports, information, and communications projects in the framework of the European Union, as well as their labelling to preserve the confidentiality.

"(2) the President of the Bundesrat in individual cases after consultation in the Presidential Conference of § 3 rules differing Z 2 to 6 in terms of the Arcade can and the distribution of templates, documents, reports, information, and communications projects in the framework of the European Union adopted."