Amendment Of The Rules Of Procedure Of The Federal Council

Original Language Title: Änderung der Geschäftsordnung des Bundesrates

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141. Presentation of the Federal Chancellor concerning the amendment of the Rules of Procedure of the Federal Council

On the basis of Art. 37 (2) of the Federal Constitutional Law, the Annex the amendment of the Federal Council's Rules of Procedure, adopted by the Federal Council on 15 December 2011.

Faymann

Annex

The Rules of Procedure of the Federal Council of 30 June 1988, BGBl. No 361/1988, as last amended by the BGBl. I n ° 41/2010, shall be amended as follows:

§ 13a reads as follows:

" § 13a. (1) In order to advise projects within the framework of the European Union in accordance with Art. 23e B-VG and to provide preliminary advice on applications for the collection of a lawsuit pursuant to Section 21a, a Committee on European Union Affairs (EU Committee) shall be referred to the Federal Council in accordance with the The principles of § 13 are chosen. All documents directly forwarded by European Union institutions to national Parliaments on projects within the European Union are also the subject of the negotiation in the EU Committee.

(2) The EU Committee may also repeat

1.

deliver an opinion pursuant to Article 23e (1) B-VG, or

2.

of an intended deviation by the competent Federal Minister in accordance with Art. 23e (4) B-VG, or

3.

Take note of reports of the competent Federal Minister pursuant to Art. 23e (4) B-VG, or refuse to take note of the knowledge or

4.

adopt a communication pursuant to Article 23f (4) B-VG; or

5.

a reasoned opinion pursuant to Article 23g (1) B-VG, or

6.

require the competent Federal Minister to submit a statement pursuant to Art. 23g (2) B-VG, or

7.

Recommend to the Federal Council the submission of an opinion pursuant to Art. 23e (1) B-VG, a communication pursuant to Art. 23f (4) B-VG or a reasoned opinion pursuant to Article 23g (1) B-VG.

(3) If the Federal Council decides or in each case asks for more than half of the Federal Councils of three countries until the start of the deliberations of the EU Committee, the submission of an opinion, a communication or a reasoned opinion shall be submitted to the Federal Council reserve. Without prejudice to the appropriate application of Section 16 (3), the EU Committee shall, in these cases until the beginning of the Federal Council meeting, in which a project is negotiated in accordance with Art. 23e B-VG, to report to the Federal Council, which shall submit a report to the Federal Council. Application pursuant to § 13a (2) (7) (7) may contain.

(4) Apart from Article 28 (3), a project of the European Union shall be placed on the agenda of an EU committee in accordance with Article 23e B-VG if this is not the case.

1.

the competent Member of the Federal Government requires or

2.

requires more than half of the federal councils of three countries, or a quarter of the members of the Bundesrat, or

3.

a member of the EU committee is required up to a maximum of 48 hours before a meeting, and the project is expected to be decided at the next meeting of the Council of the European Union, with only one member of the same political group Ask for a request.

(5) As soon as it is established that a project is to be dealt with as a agenda item in a meeting of the EU Committee in accordance with Section 13a, the President shall require the competent Federal Minister to provide written information in accordance with the provisions of the EU Information Act in the version BGBl. I No 113/2011.

(6) If a group represented in the committee so requests, the President shall request written information from the competent Federal Minister concerning a European document in accordance with the provisions of the EU Information Law, as amended by the BGBl version. I No 113/2011. Each political group shall have at least three such requests in one year, and the President shall decide upon further request after consultation in the Presidential Conference. In addition, each political group can provide written information on an upcoming decision in matters pursuant to § 5 Z 1 to 5 EU Information Act as amended by BGBl. I n ° 113/2011, with the restriction that only such a request can be made for each decision to be taken. "

§ 13b reads as follows:

" § 13b. (1) The participation of the EU Committee in accordance with Art. 23e B-VG, as well as with regard to the advice of applications for the collection of an action pursuant to § 21a, shall apply to the provisions of the IV applicable to the committees of the Federal Council. Section shall apply mutatily, unless these Rules of Procedure determine otherwise.

(2) The deliberations of the EU Committee on projects within the framework of the European Union shall be confidential if the rules of the European Union concerning the secrecy of such projects or documents relating thereto shall be confidential. requiring this.

(3) Negotiations of the EU Committee on Projects within the European Union shall be open to the public, without prejudice to paragraph 2, with access to the public in accordance with the territorial possibilities, with preference given to media representatives. Sound and image recordings shall be admissible if this is decided by the committee. At the request of a member of the committee, the public may be excluded for important reasons, including parts of the deliberations.

(4) Each Federal Council and the Members of the European Parliament elected in Austria shall be subject, subject to section 31 (2) and section 4 (2) of the annex to these Rules of Procedure, to provisions relating to the handling and distribution of templates, Documents, reports, information and communications on projects within the framework of the European Union " shall be entitled to be present at the negotiations of the EU Committee on Projects within the framework of the European Union with a consultative vote.

(5) The chairman of the committee shall have the right to place on the agenda of a meeting the item entitled "Exchange of views on current issues in matters relating to the European Union". It shall be obliged to do so if the committee so decides before its entry into the agenda. Only applications for business treatment can be made in the debate. The chairman shall have the right to declare the debate to an end after a sufficient discussion.

(6) Before entering into the debate on a project within the European Union, the Chairman may give the floor to the competent Federal Minister, or to a member of the portfolio posted by it, on an introductory report on the project. The project and the position of the Federal Minister responsible for the project.

(7) Following the opening of the debate on the subject of the negotiations, any member of the EU Committee may make a written request for a decision within the meaning of Section 13a (2):

1.

Requests for opinions pursuant to Art. 23e B-VG have to say whether the project is to be implemented by a Federal Constitutional Law which, under Article 44 (2) B-VG, should be approved by the Federal Council;

2.

Requests for a decision of a communication pursuant to Art. 23f (4) B-VG shall specify the projects referred to in Article 13a (1) to which the communication relates, and the addressees and other recipients;

3.

Requests for reasoned opinions pursuant to Article 23g (1) B-VG have to contain comments on the reasons why the draft is not compatible with the principle of subsidiarity.

(8) The hearing shall be carried out after exhaustion of the list of speakers, provided that neither an application under paragraph 6 nor a request for a transfer has been made.

(9) The President of the Federal Council has for the immediate transmission of

1.

the opinions and other decisions addressed to all members of the Federal Government,

2.

the communications referred to in Article 23f (4) B-VG to the respective addressees and other recipients, and

3.

, the reasoned opinions referred to in Article 23g (1) B-VG shall be forwarded to the Presidents of the European Parliament, the Council and the Commission.

Unless otherwise decided by the EU Committee, opinions, reasoned opinions and communications shall also be sent to all members of the Bundesrat, the President of the National Council, the Landtage, the Governor of the Land and to the members of the Austrian Federal Republic of Austria. elected members of the European Parliament.

(10) In the light of the negotiations of the EU Committee, unless the Committee decides otherwise or the submission of an opinion, a communication or a reasoned opinion pursuant to Section 13a (3) is reserved to the Federal Council, Extracts, which are attached to the Official Records. Extracts from public parts of negotiations are to be published as a supplement to the Stenographical Protocols. "

Section 16 (1) reads as follows:

" § 16. (1) Items of the negotiations of the Federal Council are:

a)

Legislative decisions and other decisions of the National Council;

b)

Projects referred to in Article 23e B-VG, through which the competent members of the
Federal Government to inform the Federal Council;

c)

Self-employed applications from federal councils and self-employed applications by federal councils for the imposition of a lawsuit for breach of the principle of subsidiarity in accordance with § 21a;

d)

Templates of the Federal Government or its members;

e)

Reports by parliamentary delegations;

f)

Reports of the People's Office;

g)

Request to authorise the prosecution of persons for insulting the
Federal Council;

h)

Self-employed requests from committees;

i)

Statements by the Federal Government or its members;

j)

Statements by the provincial authorities;

k)

Elections (election proposals);

l)

Questions (response to questions);

m)

Inputs (petitions). "

4. § 18 (3) and (4) are:

Information on projects within the framework of the European Union shall be provided in accordance with the provisions of Articles 23e to 23j B-VG and the provisions of the EU Information Law, as amended by the BGBl version. I No 113/2011, unless these Rules of Procedure determine otherwise.

(4) For the handling and distribution of documents, documents, reports, information and communications on projects within the framework of the European Union, the ' provisions on the handling and distribution of templates, documents, reports, Information and communications on projects within the framework of the European Union " (EU and/or distribution systems) Regulation (EC)) which, as an annex to these Rules of Procedure, form part of the same. "

5. § 20 (4) and (5) are:

" (4) Amendments to Art. 34 and 35 B-VG require the approval of the Federal Council in accordance with Section 58 (2). Furthermore, the approval of the Federal Council in accordance with Section 58 (3) requires decisions of the National Council concerning a Federal Constitutional Law or constitutional provisions contained in simple federal laws, which are responsible for the jurisdiction of the Länder. restricted in legislation or enforcement, state contracts pursuant to Art. 50 (1) (2) B-VG and Article 50 (2) (2) (2) B-VG, decisions of the National Council pursuant to Article 23i (1), (2), (3) first sentence and 4 B-VG, and Art. 23j (1) B-VG. The consent shall also require legislative decisions which provide for a period of less than six months or more than one year for the omission of implementing laws in the matters under Art. 12 B-VG.

(5) Insufficiently legislative decisions of the National Council, the Rules of Procedure of the National Council, the dissolution of the National Council, a federal law, with which more detailed provisions on the preparation of the Federal Financial Framework Act, the Federal Finance Act and on the other financial management of the federal government is taken, a federal financial framework law, a federal financial law, a preliminary provision within the meaning of Art. 51a (4) B-VG or a disposal on federal assets, the acquisition or conversion of a Liability of the Federal Government, the entry into or the conversion of a financial debt of the The Federal Council does not have any involvement with the Federal Government or the approval of a federal clearance of accounts. "

6. § 21a together with the title is:

" Self-employed requests from federal councils for the imposition of a complaint for breach of the principle of subsidiarity

§ 21a. (1) Any Federal Council may, within the time-limit laid down in Article 8 of the Protocol on the application of the principles of subsidiarity and proportionality, request an independent request to bring an action against a legislative act in the Framework of the European Union at the Court of Justice of the European Union for infringement of the principle of subsidiarity.

(2) The application must be accompanied by the following formula: "The Federal Council wants to decide" and has to contain the text of the decision to be taken by the Federal Council of the application. The application of the application must comply with the conditions laid down in the Statute in force and in the Rules of Procedure of the Court of Justice of the European Union. The application shall contain information relating to the period of detention. The act whose declaration of invalidity is requested shall be annexed. The application shall be submitted to the President in writing, accompanied by the personal signature of the applicant or the applicant. The property as applicant must be clearly visible from the application. Each application shall be accompanied by a minimum of four equal copies.

(3) The provisions of section 21 (3) and (4) shall apply in a reasonable way.

(4) Applications for the collection of an action pursuant to paragraph 1 shall be submitted by the President to the EU Committee immediately after the entry. The EU Committee shall immediately take such requests into negotiation.

(5) The decision on the collection of an action pursuant to paragraph 1 shall be forwarded without delay to the Federal Chancellery and shall be forwarded to the President of the National Council. "

7. § 27 reads:

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

(2) In the event of the participation of personalities of European and international politics according to § 38a, after deliberation in the Presidential Conference of the President, an exception to paragraph 1 may be established. "

8. § 38a together with headline reads:

" Participation of personalities of European and international politics in the negotiations in the Bundesrat

§ 38a. After deliberation at the Presidential Conference, the President may invite outstanding personalities of European and international politics to make a statement on a specific subject at a meeting of the Bundesrat. Following the declaration, a debate will usually take place, the duration and form of which will also be determined by the President after deliberation in the Presidential Conference. No requests shall be made in this debate; actual corrections shall be inadmissible. '

9. § 43a reads:

" § 43a. (1) As soon as the debate on a project has been opened in accordance with Art. 23e B-VG, written requests for comments, reasoned opinions and communications from three federal councils may be submitted for this purpose. Section 43 (2) to (4) and (6) shall apply mutatily.

(2) In the case of debates on self-employed applications by federal councils for the imposition of a claim for breach of the principle of subsidiarity in accordance with § 21a, § 43 shall apply mutaficly. "

10. § 58 together with headline reads:

" Decision-making requirements

§ 58. (1) To a decision of the Bundesrat, unless the Federal Constitutional Law or the Rules of Procedure determine otherwise, the presence of at least one third of the Federal Councils and the unconditional majority of the votes cast is required. In the event of a tie, an application (proposal) is rejected.

(2) The decision to consent to a legislative decision of the National Council concerning an amendment to Articles 34 and 35 B-VG shall also require, in addition to the requirements referred to in paragraph 1, the assent of the majority of the representatives of at least four countries.

(3) The decision on the approval of a decision of the National Council concerning a Federal Constitutional Law or constitutional provisions contained in simple federal laws, which make it possible for the Länder to be responsible for legislation and enforcement Restricted to state contracts pursuant to Art. 50 (1) (2) B-VG, to a decision of the National Council pursuant to Art. 23i (1), (3), first sentence and 4 B-VG, as well as Art. 23j (1) B-VG requires the presence of at least half of the federal councils and a Majority of at least two-thirds of the votes cast.

(4) The presence of at least half of the federal councils and a majority of at least two-thirds of the federal councils and a majority of at least two thirds of the federal councils shall be taken to a decision on the approval of a request by the Federal Government for the dissolution of a Landtag by votes cast. The Federal Councils elected by the Landtag to be dissolved shall not be allowed to participate in the vote. These federal councils are also not to be taken into account when determining the presence of the presence.

(5) A decision of the Bundesrat on an amendment to the Rules of Procedure requires the presence of at least half of the federal councils and a majority of at least two-thirds of the votes cast. "

11. In accordance with § 59, the following § 59a is inserted:

" § 59a. (1) Five federal councils may address short written questions to a member of the Federal Government in order to request information on which documents, documents, reports, information and communications on a particular project within the framework of the The European Union has entered its sphere of action within a specific period of time, but not more than the last three months.

(2) A question referred to in paragraph 1 shall be submitted to the President in writing with at least four copies. It must be accompanied by the signatures of at least five federal councils, including the questioner, and shall contain information on the project to which it relates. The question is to be communicated to the respondent by the parliamentary directorate.

(3) Any Federal Council may only support such a request within three months.

(4) The respondent shall reply in writing to the President within twenty working days of the date of delivery of the request. If the respondent is not able to obtain the information requested, he shall state the reasons for this in the answer. Each answer shall be accompanied by a minimum of four copies. Templates, documents, reports, information and communications relating to a project within the framework of the European Union, which is the National Council pursuant to Article 2 (1), (2) or (3) of the EU Information Act, as amended by the Federal Law Gazette (BGBl). I n ° 113/2011 are already available, they do not have to be mentioned in the answer.

(5) The distribution of the answer shall be in accordance with § 18 (4). "

(12) § 72 shall be added to the following paragraphs 4 and 5:

" (4) § 59a enters into force with the expiry of the German Law on Information in the version of BGBl pursuant to § 12 paragraph 1 EU Information Act. I No 113/2011 shall enter into force. With regard to the documents in accordance with Section 12 (2) of the EU Information Act in the version BGBl. However, Section 59a shall only apply with the expiry of the day referred to in Article 12 (2) of the EU Information Act in the Federal Law Gazproc.

(5) § 13a, 13b, § 16 (1), § 18 (3) and (4), § 20 (4) and (5), § 21a, § 27, § 38a, § 43a, § 58 and the annex to the Federal Council's Rules of Procedure: " Provisions for the handling and distribution of templates, documents, reports, information and communications on projects within the framework of the European Union (distribution order-EU-VO-EU) ", in the version of the Federal Law Gazette BGBl. I 113/2011, come with 1. Jänner 2012 in force. "

13. The Rules of Procedure of the Federal Council shall apply to the following Annex 1 concerning provisions concerning the handling and distribution of documents, documents, reports, information and communications on projects within the framework of the European Union The following is added to the EU-VO-EU distribution system:

" Annex to the Rules of Procedure of the Federal Council

Provisions governing the handling and distribution of templates, documents, reports, information and communications on projects within the framework of the European Union (distribution order-EU and/or VO-EU)

§ 1. Templates, documents, reports, information and communications on projects within the framework of the European Union are available in the Federal Council by electronic means, provided that § 3 does not determine anything else.

§ 2. The members of the Federal Council and of the clubs within the meaning of the Club Finance Act 1985, BGBl. No 156/1985, as amended, reputable persons and staff of the Parliament's Directorate shall have access to documents, documents, reports, information and communications on projects within the framework of the European Union, in accordance with Article 3 (1) (1) of the EC Treaty. up to 3 in the database according to § 2 (1) and 2 of the EU Information Act as amended by the Federal Law Gazette (BGBl). I No 113/2011.

§ 3. The Federal Council shall comply with the security classification of the institutions of the European Union with regard to the special confidentiality of the documents, documents, reports, information and communications on projects within the framework of the European Union. The following provisions shall apply to the collection and distribution of documents, documents, reports, information and communications on projects within the framework of the European Union and to the inspection of projects within the framework of the European Union:

1.

Templates, documents, reports, information and communications on projects within the framework of the European Union will be published in the database in accordance with Section 1 (2) of the EU Information Act, as amended by the Federal Law Gazette (BGBl). I n ° 113/2011 and are publicly available, unless otherwise specified in the case of Z 2 to 6 and § 5. The collection of these documents in the EU database shall be considered as a distribution within the meaning of the rules of procedure of the Federal Council.

2.

Templates, documents, reports, information and communications on projects within the framework of the European Union which are not suitable for publication and are not covered by Z 3 to 6 shall be recorded in the EU database and shall be for the members of the European Union. of the Federal Council and of the clubs within the meaning of the Club Finance Act 1985, BGBl. No 156/1985, in the version in force, of reputable persons and of the competent officials of Parliament's Directorate. The collection of these documents in the EU database shall be considered as a distribution within the meaning of the rules of procedure of the Federal Council.

3.

Templates, documents, reports, information and communications on projects within the framework of the European Union classified as "Restreint UE/EU Restricted" are recorded in the EU database and are for the members of the Federal Council and of the Klubs within the meaning of the Club Finance Act 1985, BGBl. No 156/1985, in the version in force, of reputable persons and of the competent officials of Parliament's Directorate. If a project is placed on the agenda of the EU Committee within the framework of the European Union, the documents referring to it shall be distributed to the members of the EU Committee in the sense of this provision.

4.

Templates, documents, reports, information and communications on projects within the framework of the European Union, classified as 'Confidentiel UE/EU Confidential', shall be sent to the members of the Presidential Conference and to two each of the clubs in the European Union. The terms of the Club Finance Act 1985, BGBl. No 156/1985, as amended, and reputable persons, for which a representation is admissible. In addition, such documents are available to the members of the Federal Council for consultation in the parliamentary directorate. If a project is placed on the agenda of the EU Committee within the framework of the European Union, the documents referring to it shall be distributed to the members of the EU Committee in the sense of this provision.

5.

Templates, documents, reports, information and communications on projects within the framework of the European Union, classified as "Secret UE/EU Secret", are available to the members of the Presidential Conference for the purpose of viewing the Parliament's Directorate. Where a project is placed on the agenda of the EU Committee within the framework of the European Union, the documents referred to in that provision shall be distributed to the members of the EU Committee for the duration of the meeting.

6.

Templates, documents, reports, information and communications on projects within the framework of the European Union classified as "Trés Secret UE/EU Top Secret" are available to the members of the Presidential Conference for the purpose of viewing the Parliament's Directorate on. Where a project is placed on the agenda of the EU Committee within the framework of the European Union, the documents referred to in that provision shall be distributed to the members of the EU Committee for the duration of the meeting.

§ 4. (1) When, at a meeting of the EU Committee, templates, documents, reports, information and communications on projects within the framework of the European Union are dealt with, classified as "Secret UE/EU Secret" or "Trés Secret UE/EU Top Secret" , the members of the Committee of the European Union who are present are to be insult by the President of the Federal Council for the sake of confidentiality.

(2) The participation of persons who are not members of the EU Committee as members or their participation does not result from Art. 75 B-VG, decides on the treatment of documents, documents, reports, information and communications of the European Union pursuant to paragraph 1 of the EU Committee by decision. Persons taking part in the meeting due to such a decision shall be subject to the protection of confidentiality by the President of the Federal Council.

(3) In accordance with § 3 Z 4 of the Club in the sense of the Club Finance Act 1985, BGBl. No 156/1985, in the version in force, of reputable persons are to be lecturing on the maintenance of confidentiality by the President of the Federal Council.

§ 5. The handling and distribution of documents relating to projects within the framework of the European Union, drawn up by the Austrian institutions, shall be subject to the same provisions as for the handling and distribution of documents, documents, documents, documents, documents, documents, documents, documents, documents, documents, documents, documents, reports, information and communications on projects within the framework of the European Union to which they refer.

§ 6. (1) The President of the Federal Council may, in accordance with Section 15 of the CRP and after consulting the Presidential Conference, lay down rules on the projects in the transmission and distribution of documents, documents, reports, information and communications relating to projects in the European Union framework for technical requirements as well as their labelling for the protection of confidentiality.

(2) The President of the Federal Council may, on a case-by-case basis, after deliberation in the Presidential Conference of § 3 (2) to (6), apply different arrangements with regard to the handling and distribution of documents, documents, reports, information and communications. Projects within the framework of the European Union. "