Eu-Information Law Eu-Infog

Original Language Title: EU-Informationsgesetz - EU-InfoG

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113. Federal Law on Information in EU Affairs (EU Information Act-EU-InfoG)

The National Council has decided:

§ 1. (1) In order to optimise the flow of information between the respective relevant Federal Ministers and the National Council and the Federal Council, this Federal Act regulates further obligations under Article 23f (3) B-VG for the implementation of the provisions of this Federal Act.

(2) The Directorate of Parliament shall provide information to the National Council, the Federal Council and the public, as well as to the Landtage and social partners on projects within the framework of the European Union, in accordance with the conditions laid down in

1.

§ 10,

2.

the Law of the Rules of Procedure 1975 and

3.

of the Federal Council

a database which guarantees access to documents transmitted by the relevant Federal Minister in accordance with Art. 23e to 23j B-VG and in accordance with Articles 2 and 3 as well as by institutions of the European Union.

(3) The respective Federal Minister responsible shall ensure that the information on projects within the framework of the European Union, which does not take place on the basis of this Federal Law, is provided in accordance with the provisions of the B-VG or other federal laws. Provisions are guaranteed.

European documents

§ 2. (1) The Federal Minister for European and International Affairs shall make available to the National Council and the Federal Council the database set up by the Council for the transmission of non-classified documents.

(2) The Federal Minister for European and International Affairs shall make the database established by the Council for the transmission of EU classified information classified as "Restreint UE/EU Restricted" to the National Council and the Bundesrat accessible.

(3) The Federal Minister for European and International Affairs shall immediately and in addition transmit the documents available pursuant to paragraphs 1 and 2 to the National Council and the Federal Council for inclusion in the database in accordance with § 1 Paragraph 2.

(4) Stehen documents of the European Union shall be made available to the National Council and the Federal Council pursuant to para. 1 to 3, this shall be deemed to be the transmission by the competent Federal Minister. The transmission of other documents shall be the responsibility of the Federal Minister responsible in accordance with § 1 (3).

Documents drawn up by Austrian institutions

§ 3. The competent Federal Minister shall immediately transmit to the National Council and the Federal Council those documents which serve the purpose of exercising the participation rights of the National Council and the Federal Council. These include:

1.

Pre-information pursuant to § 5,

2.

written information in accordance with § 6,

3.

the annual preview according to § 7,

4.

Subdirections in accordance with § 8,

5.

Subsets pursuant to Article 23e (2) B-VG,

6.

Statements made pursuant to Article 23g (2) B-VG,

7.

Proposals in accordance with Article 23i (1) B-VG,

8.

Subdirections pursuant to Article 23i (3), last sentence, B-VG,

9.

Reports on meetings of the European Council or Council and

10.

Reports on the meetings of preparatory bodies of the Council and of the European Council, attended by a representative of Austria.

Formal Information

§ 4. (1) At the same time as the respective document in accordance with § 2 (1) to (3), at least the following information shall be transmitted:

1.

Name of the document,

2.

material code,

3.

Title,

4.

Author/in,

5.

Addressat/in,

6.

Investigator,

7.

Language,

8.

date of the document,

9.

the status of the document,

10.

Document type,

11.

Classification.

(2) At the same time as the respective document in accordance with § 2 (4) and § 3 (9) and (10) of this document, at least the following information shall be transmitted, provided that the transmission of the respective document has to be carried out according to § 9 of the respective document:

1.

mediating organ,

2.

The document number of the document to which the submitted document relates, such as the agenda or the template dealt with in the meeting.

(3) The following information may also be provided by the competent Federal Minister (s):

1.

Competence under national law,

2.

Justification of non-compliance with the publication in accordance with the provisions of the Law on the Rules of Procedure in 1975 and the Rules of Procedure of the Federal Council on the handling and distribution of templates, documents, reports, information and Communications on projects within the framework of the European Union,

3.

Information security requirements in accordance with the provisions of the Law on the Rules of Procedure in 1975 and the Federal Council's Rules of Procedure on the handling and distribution of templates, documents, reports, information and communications on Projects within the framework of the European Union and

4.

State of the negotiations.

Pre-Info

§ 5. The Federal Minister for European and International Affairs informs the National Council and the Federal Council every six months on the projects of the European Union, which are known by the respective Federal Minister of the Federal Republic of Germany, in each case. which, in the following six months, is to be expected to start negotiations in the Council, provided that such projects are

1.

leading to a change in the contractual bases of the European Union, or

2.

a special right of participation of the National Council and of the Federal Council pursuant to Art. 23i and Art. 23j B-VG, or

3.

be subject to a special duty of information pursuant to Art. 23e (2) B-VG, or

4.

Decisions concerning the extension of the scope of activity under Article 82 (2) (2). d TFEU, Art. 83 (1) (3) TFEU and Art. 86 (4) TFEU, or

5.

the establishment of an enhanced cooperation under Article 20 of the TEU; or

6.

Negotiating mandates for the Commission in respect of international treaties, or

7.

negotiating directives for the Commission in the context of the common commercial policy; or

8.

are of particular importance to the Republic of Austria.

Written information

§ 6. (1) The relevant Federal Minister submits written information to the National Council and the Federal Council, provided that it is requested in accordance with the provisions of the Law on the Rules of Procedure of the Federal Republic of Germany (1975) or the Rules of Procedure of the Federal Council. No written information shall be transmitted to a draft agenda of meetings of the European Council or of the Council.

(2) The information referred to in paragraph 1 shall be transmitted after a timely request by the President of the National Council or the Federal Council within fourteen days, but in any case two days before the scheduled treatment.

(3) A written information shall contain a statement on the following points:

1.

Name of the document,

2.

the content of the project,

3.

References to the participation rights of the National Council and the Bundesrat,

4.

Effects on the Republic of Austria, including any need for national implementation,

5.

Position of the competent Federal Minister (s), together with a short justification,

6.

in the case of legislative proposals: proportionality and subsidiarity; and

7.

State of the negotiations, including timetable.

(4) In addition, written information may provide grounds for non-compliance with the publication and presentation of information security requirements in accordance with the provisions of the Rules of Procedure of the 1975 Rules of Procedure and of the Rules of Procedure of the Federal Council of the European Union on the handling and distribution of documents, documents, reports, information and communications on projects within the framework of the European Union.

Annual preview

§ 7. If the report is forwarded in accordance with Article 23f (2) B-VG, 31. The Federal Minister of National Affairs and the Federal Council shall inform the National Council and the Federal Council without delay of any important reasons for this, stating the probable time of transmission.

Information on legal action
Breach of the principle of subsidiarity

§ 8. If the National Council or the Bundesrat decides that a legislative act within the framework of the European Union should be brought before the Court of Justice of the European Union for infringement of the principle of subsidiarity in accordance with Article 23h (1) B-VG, the Court of Justice shall The Federal Chancellery informs the National Council and the Federal Council by transmitting submissions, reports on oral proceedings and on the basis of the provisions of the Law on the Rules of Procedure of the Federal Republic of Germany in 1975 or of the Rules of Procedure of the Federal Council on a regular basis on the progress of the procedure.

Transmission and handling

§ 9. (1) The transmissions according to § § 2 to 8 shall be made in the form of a form of automation, provided that the EU classified information is not classified as "Confidentiel UE/EU Confidential" or above, or is referred to in such cases.

(2) EU classified information shall be dealt with in accordance with the provisions on information security laid down in the Rules of Procedure Act 1975 and the rules of procedure of the Federal Council.

(3) Documents drawn up by Austrian institutions pursuant to § 3 relating to EU classified information shall be drawn up in accordance with the provisions on information security laid down in the Rules of Procedure Act 1975 and the Rules of Procedure of the Federal Council is treated.

EU database

§ 10. (1) The database in accordance with § 1 para. 2 shall, in principle, be broken down according to professional aspects for the purpose of clarity and user-friendliness.

(2) The Parliament's Directorate is responsible for providing information on public access to documents available in the EU database on projects within the framework of the European Union.

Information security

§ 11. (1) In the area of legislative bodies, information security shall be ensured in compliance with the European Union's security rules for the protection of EU classified information.

(2) Access to documents within the meaning of this Federal Act shall be granted in accordance with the provisions of the Rules of Procedure Act 1975 and the Rules of Procedure of the Federal Council.

Obligation to communicate

§ 12. (1) The transmission of formal information in accordance with § 4 shall take place after the establishment of the necessary technical conditions in the parliamentary Directorate. The Federal Chancellor announcates this day after notification by the President of the National Council in the Federal Law Gazan II.

(2) The transmission of EU classified information classified as "Restreint UE/EU Restricted" pursuant to § 2 (2) and (3) shall take place after the establishment of the necessary conditions in Parliament's Directorate. The Federal Chancellor announcates this day after notification by the President of the National Council in the Federal Law Gazan II.

entry into force

§ 13. This federal law comes with 1. Jänner 2012 in force.

Fischer

Faymann