Eu-Information Law Eu-Infog

Original Language Title: EU-Informationsgesetz - EU-InfoG

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997899/eu-informationsgesetz---eu-infog.html

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113. Federal Act on information in EU Affairs (EU-information law EU-InfoG)

The National Council has decided:

To optimize § 1 (1), the flow of information between the competent Federal Minister, and the National Council and the Federal Council, this federal law in execution of article 23f para 3 B-VG regulates other disclosure obligations.

(2) the parliamentary staff leads to the information of the National Council, Federal Council and the public as well as of the provincial Council and the social partners on projects in the framework of the European Union in accordance with



1 § of 10, 2 of the rules of Procedure Act 1975 and 3 of the rules of procedure of the Federal Council is a database that provides access to the relevant competent by the Federal Minister in accordance with article documents 23e submitted to 23j B-VG, and in accordance with paragraphs 2 and 3, as well as by institutions of the European Union.

(3) the / the competent Federal Minister shall ensure that the information on projects in the framework of the European Union, which does not occur on the basis of this Federal Act, is guaranteed in accordance with the provisions of the B-VG or other bundesgesetzlicher regulations.

European documents

2. (1) the Federal Minister for European and international affairs makes the National Council and the Federal Council the database established by the Council for the transmission of unclassified documents accessible.

(2) the Federal Minister for European and international affairs makes the National Council and the Federal Council which by the Council for the delivery of a "Restreint UE/EU restricted" classified EU classified information furnished database accessible.

(3) the Federal Minister for European and International Affairs delivered the National Council and the Federal Council without delay and in addition the para above 1 and 2 available documents for inclusion in the data bank in accordance with § 1 para 2.

(4) documents of the European Union are the National Council and the Federal Council pursuant to para 1 to 3 available, this is true as a transmission by the competent Federal Minister / the competent Federal Minister. The submission of other documents is the competent Federal Minister in accordance with section 1, paragraph 3.

Documents created by Austrian institutions

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



1. advance information according to § 5, 2. written information in accordance with § 6, 3. the annual forecast according to § 7, 4. teachings according to § 8, 5. briefings article 23e paragraph 2 B-VG, 6 comments in accordance with article 23 g para. 2 B-VG, 7 proposals in accordance with article 23i para 1 B-VG, 8 briefings article 23i para 3 last set B-VG, 9 reports on meetings of the European Council or Council and 10 reports on meetings of the preparatory bodies of the Council and of the European Council , where a / s representative in Austria has participated.

Formal information

At the same time with the respective document in accordance with § 2 para 1 to 3 are § 4 (1) at least the following information to submit:



1. title of the document, 2. matter code, 3. title, 4. author, 5 Adressat/in, 6 Übermittler/in, 7 language, 8 date of the document, 9 State of the document, 10 document type, 11 classification.

(2) at the same time with the respective document in accordance with § 2 para 4 and § 3 Z 9 and 10 are at least the following information to submit, unless pursuant to § 9 of the respective document delivery has to be automatically:



1 conveying organ, 2. document number of that document refers the transmitted document, template treated like agenda or in the session.

(3) from the / can be specified by the competent Federal Minister also the following information:



1 jurisdiction under domestic law, 2 the establishment of unfitness for publication in accordance with the provisions of the rules of Procedure Act of 1975, as well as the rules of procedure of the Federal Council on how to deal with and the distribution of templates, documents, reports, information, and communications projects in the framework of the European Union, 3. information security requirements in accordance with the provisions of the rules of Procedure Act of 1975, as well as the rules of procedure of the Federal Council on how to deal with and the distribution of templates , Documents, reports, information and communications projects in the framework of the European Union and 4 State of the negotiations.

Advance information

§ 5. The Federal Minister for European and international affairs shall inform the National Council and the Federal Council every six months on the known given the / the competent Federal Minister projects of the European Union, the opening of negotiations in the Council is expected to in the next six months, provided that these projects



1 result in a change of the contractual basis of the European Union or 2 23i and art. 23j B-VG are subject to a special right to participate of the National Council and the Federal Council under article 3 a special obligation under article 23e paragraph 2 B-VG are subject to or 4. decisions relating to the extension of the scope of activities under article 82 paragraph 2 lit. d TFEU, article 83 para 1 UAbs. 3 TFEU and article 86 paragraph 4 are TFEU, the establishment of enhanced cooperation pursuant to article 20 TEU to the target have 5 or negotiating mandates concern 6 for the Commission with regard to international treaties or negotiating directives for the Commission in the framework of the common commercial policy or 8 for the Republic of Austria, of particular importance are 7.

Written information

6. (1) the competent Federal Minister sent the National Council and the Federal Council a written information, if this is requested according to the provisions of the rules of Procedure Act 1975 or the rules of procedure of the Federal Council. No written information must be forwarded to a draft of agenda of meetings of the European Council or the Council.

(2) the information referred to in paragraph 1 are according to timely requirement by the President the President of the National Council or Federal Council within fourteen days, anyway, but two days before the planned treatment, to submit.

(3) a written statement containing comments on the following points:



1. title of the document, 2. contents of the project, 3. evidence of participation of the National Council and Federal Council, 4. impact on the Republic of Austria, including a possible need to national implementation, 5th position of / the competent Federal Minister together with a short justification, 6 on legislation: information on proportionality and subsidiarity and 7 State of the negotiations including schedule.

(4) a written information also can be a justification of unfitness to the release and comments about information security requirements in accordance with the provisions of the rules of Procedure Act of 1975, as well as the rules of procedure of the Federal Council on how to deal and contain the distribution of templates, documents, reports, information, and communications projects in the framework of the European Union.

Year preview

§ 7 preclude the submission of the report pursuant to article 23f para. 2 B-VG 31 January of the year important reasons, shall inform the National Council and the Federal Council about it immediately, stating the probable delivery date the competent Federal Minister.

Information with regard to actions for infringement of the subsidiarity principle

8. the National Council decides § or Bundesrat, that against a legislative act within the framework of the European Union the Court of Justice of the European Union 23h para 1 filed a complaint pursuant to article B-VG due to breach of the principle of subsidiarity is, advised so the Federal Chancellor's Office the National Council and the Federal Council through delivery of pleadings, reports concerning oral proceedings, as well as on the basis of the provisions of the rules of Procedure Act 1975 or the rules of procedure of the Federal Council regularly informed on the progress of the proceedings.

Transmission and treatment

§ 9 (1) the transfers referred to in paragraphs 2 to 8 have to be made in the form of automation-supported unless it involves not as "Confidentiel UE/EU confidential" is or where reference is made to such higher classified EU classified information.

(2) EU classified information will be treated in accordance with the regulations on information security of the rules of Procedure Act 1975 and the rules of procedure of the Federal Council.

3 documents of Austrian bodies created pursuant to article 3, relating to EU classified information, will be treated according to the rules on information security of the rules of Procedure Act 1975 and the rules of procedure of the Federal Council.

EU database

§ 10 (1) is the database in accordance with section 1, paragraph 2 for the purpose to integrate/indoor usability principle according to technical terms and clarity.

(2) the parliamentary staff is the provision of information about the public access to the EU database available documents about projects in the framework of the European Union.

Information security


§ 11 (1) with regard to the organs of the legislation is to ensure information security in compliance with the safety regulations of the European Union for the protection of EU classified information.

(2) access to documents within the meaning of this federal law will be granted according to the provisions of the rules of Procedure Act 1975 and the rules of procedure of the Federal Council.

Obligation to transmit

Section 12 (1) the delivery of formal information pursuant to section 4 according to create the necessary technical conditions in the parliamentary staff. The Chancellor has announced that day after notification by the President the President of the National Council in the Federal Law Gazette II.

(2) the transmission of as "Restreint UE/EU restricted" classified EU classified information in accordance with § 2 par. 2 and 3 is to create the necessary conditions in the parliamentary staff. The Chancellor has announced that day after notification by the President the President of the National Council in the Federal Law Gazette II.

Entry into force

§ 13. This federal law shall enter into force January 1, 2012.

Fischer

Faymann