Services Act - Dlg And Federal Law On The Internet-Based Agency Cooperation System Imi (Imi Law), As Well As Modification Of The Pricing Law, The Consumer Protection Act,...

Original Language Title: Dienstleistungsgesetz – DLG und Bundesgesetz über das internetgestützte Behördenkooperationssystem IMI (IMI-Gesetz) sowie Änderung des Preisauszeichnungsgesetzes, des Konsumentenschutzgesetzes, ...

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100. Federal law, which enacted a federal law on the provision of services (service law-DLG) and a federal law on the internet-based agency cooperation system IMI (IMI Act), the price-labeling law, which Consumer Protection Act, the General Administrative Procedure Act 1991, the Administrative Code Act 1991 and the Administrative Enforcement Act 1991 amended and some federal laws are repealed

The National Council has decided:

table of contents

Article 1Federal Act on the provision of services (Services Act-

DLG)

Article 2Federal Act on the Internet-based administrative cooperation system IMI (IMI)

Law)

Article 3

Amendment of the price labelling law

Article 4

Amendment of the Consumer Protection Act

Article 5

Amendment of the General Administrative Procedure Act 1991

Article 6

Amendment of the Administrative Criminal Law 1991

Article 7

Amendment of the Administrative Enforcement Act 1991

Article 8

Repeal of some federal laws

Article 1

Federal Law on the Provision of Services (Service Act-DLG)

table of contents

Section 1

General

§ 1. Target

§ 2. Scope

§ 3. Exceptions

§ 4. Relationship with other legislation

§ 5. Definitions

Section 2

Single point of contact and authority

§ 6. Procedure on the single point of contact

§ 7. Information requirements of the single contact

§ 8. Support for the single contact

§ 9. Information requirements of the Authority

§ 10. Electronic procedure

§ 11. Presentation of original documents or of certified copies

Section 3

Approvals

§ 12. Procedure for the granting of a permit

§ 13. Acknowledgement Receipt

Section 4

Cross-border administrative cooperation

§ 14. Responsibilities

§ 15. Connection Point

§ 16. Exceptions to administrative cooperation

§ 17. Principles

§ 18. Administrative cooperation with regard to service providers established in the federal territory

§ 19. Administrative cooperation with regard to service providers established in other EEA countries

§ 20. Administrative cooperation in case of exceptions

§ 21. Pre-warning mechanism

Section 5

Information on service providers, equal treatment

§ 22. Information on the service provider

§ 23. Equal treatment

§ 24. Administrative transgressions

6.

Advisory Council

§ 25. Establishment and procedure

§ 26. Tasks

Section 7

Final provisions

§ 27. Linguistic equality

§ 28. entry into force

§ 29. Enforcement

§ 30. References

§ 31. Implementation Notice

Section 1

General

Target

§ 1. This federal law is intended to achieve the freedom to provide services in the internal market.

Scope

§ 2. This federal law applies to services offered by a service provider established in an EEA State, unless otherwise provided in this Federal Act, without prejudice to the competence of the countries.

Exceptions

§ 3. (1) This federal law shall not apply to the following activities:

1.

non-economic services of general interest;

2.

financial services such as banking services and services related to credit granting, insurance and reinsurance, occupational or individual pension provision, securities, investments, payments, investment advice, including the inclusion of credit institutions in Annex I to Directive 2006 /48/EC on the inclusion of credit institutions, OJ L 177, 30.4.2006 No. OJ L 177 of 30.06.2006 p. 1; services listed;

3.

electronic communications services and networks, as well as associated facilities and services, in the areas referred to in the Access Directive 2002 /19/EC, OJ L 327, 30.4.2002, p. No. 7., Directive 2002 /20/EC, OJ L 108, 24.4.2002, p. No. 21., Framework Directive 2002 /21/EC, OJ L 108, 24.4.2002, p. No. 133, of the Universal Service Directive 2002 /22/EC, OJ L 108, 24.4.2002, p. No. 51, and the Data Protection Directive 2002 /58/EC, OJ L 108, 24.4.2002, p. No. OJ L 201 of 31.07.2002 p. 37;

4.

transport services, including port services, which fall within the scope of Title V of the EC Treaty;

5.

Labour force transfer services;

6.

health and pharmaceutical services provided by members of a regulated health profession;

7.

audiovisual services, including in the cinema and film sectors, irrespective of the way in which they are produced, disseminated and broadcast, and broadcasting;

8.

Gambling, which requires a value of money, including lotteries, gambling games in casinos and betting;

9.

activities connected with the exercise of public authority within the meaning of Article 45 of the EC Treaty;

10.

social services relating to social housing, child care and assistance to families and persons who are permanently or temporarily in need of assistance by the State, by service providers who are responsible for the provision of services, or by: be provided by him as a non-profit-making body;

11.

security;

12.

Activities of notaries.

(2) This federal law does not apply to the area of taxes and duties and does not apply to the abolition of service monopolies.

(3) This federal law does not apply to matters of judicial criminal law except for the 4. Section, labour law, employment law and the protection of workers.

(4) This federal law allows the interests of international private law, in particular the rules of the law applicable to contractual and non-contractual obligations, including provisions to ensure that consumers shall be protected by the consumer protection rules laid down in consumer law.

(5) This federal law does not affect the exercise of fundamental rights and the right to negotiate, conclude and enforce collective agreements, and to take action on the labour market.

Relationship with other legislation

§ 4. Provisions contrary to the provisions of this Federal Act, which are based on Community law and regulate specific aspects of the taking up or pursuit of a service in certain professions or areas, shall be governed by this Federal Act.

Definitions

§ 5. In the sense of this federal law,

1.

"requirement" means any obligation, condition, restriction or prohibition in respect of the taking up and pursuit of a service laid down by the administrative provisions or by the legislation, the case-law, the administrative practice, the rules of professional associations or the collective rules adopted by the Chambers or other similar bodies in the exercise of their legal autonomy;

2.

"provision of services" means any self-employed activity covered by Article 50 of the EC Treaty, which is normally provided for remuneration;

3.

"recipient of services" means any natural person who is a national of an EEA State or who is entitled to benefit from rights arising from Community acts, or any legal person established in an EEA State, in the sense of of Article 48 of the EC Treaty, which claims or wishes to make use of a service;

4.

"service provider" means any natural person who is a national of an EEA State and any legal person established in an EEA State within the meaning of Article 48 of the EC Treaty, which offers or provides a service;

5.

"single point of contact" shall be the office of the Land Government;

6.

"requesting authority" means the competent authority which makes a request for administrative cooperation;

7.

"EEA State" means a State Party to the Agreement on the European Economic Area or a Member State of the European Union;

8.

"authorisation procedure" means any procedure in which the authority has to take a formal or tacit decision on the taking-up or pursuit of a service, on the basis of an application or an indication;

9.

"establishment" means the actual exercise by the service provider of an economic activity covered by Article 43 of the EC Treaty, indefinitely and by means of a fixed infrastructure from which the business activities of the the provision of services is actually carried out;

10.

"Member State of establishment" of the EEA State in whose territory the service provider is established.

Section 2

Single point of contact and authority

Procedure on the single point of contact

§ 6. (1) In the proceedings of the first instance, written application may be made to the Single Contact person, who, in so far as the responsibility for the enforcement of the law is responsible for the Federal Government, shall be brought to the State Governor, in so far as the competence to complete the It is a country that is active in the country.

(2) § 13 (2), (5) and (6) and § 33 (3) of the General Administrative Procedure Act 1991-AVG, BGBl. No 51, shall apply mutatily to the application in accordance with paragraph 1.

(3) The single point of contact shall forward the application in accordance with paragraph 1 without any unnecessary delay:

1.

if, for the treatment of the application, a competent authority is competent, whose sprengel is at least partially covered by the territory of the country, to the competent authority;

2.

otherwise to another single point of contact, which has to forward the attachment according to Z 1. The single point of contact shall inform the person who is to be sent from such forwarding.

(4) The application of an application in accordance with paragraph 1 with a single contact person shall be deemed to be an application to the competent authority except in the case of § 42 (1), first sentence, AVG. Where a certain form of application of the application is provided for in the administrative provisions, the single point of contact shall draw the attention of the clerk to that point. Official decision-making deadlines only start with the third working day after the introduction.

(5) In the case of a single point of contact, Langen shall, without any unnecessary delay, forward it to the competent authority or instruct the recorder to the competent authority without any unnecessary delay.

(6) The single contact person shall be the legal service provider in the performance of his duties pursuant to this section of the legal service provider within the meaning of Section 10 (2) of the Data Protection Act 2000, BGBl. I No 165/1999, which is responsible for the implementation of the bodies responsible for the application.

Information requirements of the single contact

§ 7. (1) The single point of contact shall have the following general and up-to-date information available to service providers and recipients in a clear and easily comprehensible form, as well as from the distance and electronically accessible places:

1.

information on the requirements for the taking-up and pursuit of a service which apply to service providers operating in the territory of the Federal Republic of Germany, in particular the procedures and formalities to be followed;

2.

information on the authorities responsible for procedures relating to the taking-up and pursuit of a service;

3.

About

a)

the availability of public registers and databases on service providers and services; and

b)

conditions of access to such registers and databases;

4.

Information on legal protection institutions

a)

against decisions of the authorities and

b)

in the case of disputes between service providers and recipients of services or between service providers;

5.

Information on bodies which, although they are not authorities, provide practical support to service providers or recipients, in particular the legal professional representations.

(2) In the case of requests for information which go beyond the information referred to in Z 1 to 5, the single contact person shall refer the service providers and recipients to the authorities or competent authorities.

(3) The single point of contact shall reply as soon as possible to requests for information concerning paragraph 1, or to inform the service providers and recipients if the request is faulty or unfounded.

(4) At the request of a service provider, the single point of contact shall inform the Authority as soon as possible of the procedure.

Support for the single contact

§ 8. (1) The Federal Ministers or national governments within the scope of their legal sphere of action shall make available to the single point of contact the information required in accordance with § 7 (1) Z 1 to 4.

(2) The operator of the Internet portal for citizens according to the corporate service portal law, BGBl. I n ° 52/2009, the contact details of the authorities pursuant to Section 7 (1) Z 2 shall be made available to the single contact person electronically. To this end, the authorities or, where agreed between the authorities and the single point of contact, the single point of contact in whose territory the authorities have their registered office, shall have the same contact as the operator of the Internet portal for citizens the following data and their amendments shall be transmitted electronically without delay:

1.

Postal address;

2.

Visitor's address, if different from the postal address;

3.

Telephone number;

4.

Fax number, if available;

5.

E-mail address or any other electronic contact address;

6.

Web address, if any.

(3) The points referred to in Article 7 (1) (5) of this paragraph shall provide the single point of contact with the information required by this paragraph.

(4) The authority shall provide the single point of contact with the information required pursuant to section 7 (4) as soon as possible.

Information requirements of the Authority

§ 9. The Authority shall, on request, provide the service providers and receivers with general and up-to-date information on the ordinary interpretation and application of the rules, on request in a clear and easily comprehensible form, as well as from the distance and electronically. to the relevant requirements in accordance with Article 7 (1) (1) (1)

(2) The Authority shall reply as quickly as possible to the questions referred to in paragraph 1, or to inform the service providers and recipients if the request is faulty or unfounded.

Electronic procedure

§ 10. (1) In the case of the Authority, the technical requirements within the meaning of Article 13 (2) of the AVG must be in place, so that it can be introduced in electronic form.

(2) In the case of the Authority, the technical conditions must be in place so that deliveries which it intends to carry out shall also be submitted electronically in accordance with the provisions of the third paragraph of this Article. Section of the Delivery Act, BGBl. No 200/1982.

Presentation of original documents or of certified copies

§ 11. (1) In place of original documents or certified copies, the service provider may:

1.

electronic copies drawn up and signed in accordance with paragraph 2, or

2.

electronic copies, the conformity of which with the original document has been electronically confirmed by a competent body of another EEA State,

.

(2) Service providers may, in accordance with the existing technical requirements, make electronic copies of original documents available to the Authority. The conformity of the electronic copy with the original is due to an official signature within the meaning of § 19 of the eGovernment Act, BGBl. I n ° 10/2004.

Section 3

Approvals

Procedure for the granting of a permit

§ 12. (1) As far as the administrative provisions so provide, the authorisation of an application shall be deemed to have been granted if the communication has not been adopted within the time-limit for decision-making.

(2) The period referred to in paragraph 1 shall be three months if the administrative provisions do not specify otherwise. The Authority may extend the decision-making period in an appropriate way, in so far as this is necessary because of the difficulty of the matter. The extension of the deadline shall be justified and communicated to the parties to the proceedings before the end of the decision-making period.

(3) The application shall be submitted in writing. The time limit laid down in paragraph 2 shall begin only with the right time of a defect-free application being received. This circumstance should also be pointed out in the event of a defect in the order for a defect in accordance with Section 13 (3) of the AVG.

(4) Unless otherwise provided for in the administrative provisions, the Authority shall, as soon as possible, confirm the entry of the authorisation in accordance with paragraph 1 in writing. This confirmation shall be sent to the parties to the proceedings. Any party shall have the right to request a communication on the entry of the authorisation in accordance with paragraph 1 within four weeks of the notification of this communication.

(5) § § 68 to 70 of the AVG are to be applied to the approval pursuant to paragraph 1 of this article.

Acknowledgement Receipt

§ 13. (1) The competent body referred to in Article 6 (3) (1) shall issue a confirmation of receipt on the request for approval as soon as possible, which shall contain, in particular, the following information:

1.

the beginning and the duration of the decision-making period according to the administrative provisions or § 12 (2) and (3);

2.

Possibility of a defect-raising order pursuant to Section 13 (3) of the AVG and its legal consequences, if applicable in accordance with § 12 (3);

3.

legal consequences, where applicable, in accordance with Section 12 (1) and (

4.

Legal remedies or remedies.

(2) The competent authority referred to in Article 6 (3) (1) shall issue an acknowledgement of receipt as soon as possible via an indication of an authorisation, which shall contain, in particular, the following information:

1.

the beginning and duration of the relevant time limits laid down by the administrative provisions;

2.

the possibility of a defect-raising order pursuant to § 13 para. 3 AVG and its legal consequences;

3.

Legal remedies or remedies.

Section 4

Cross-border administrative cooperation

Responsibilities

§ 14. (1) In those cases where they are competent and local, the authorities shall be obliged to cooperate with the competent authorities of the other EEA States in the matters of § § 18 to 21.

(2) In the event of its lack of competence, the Authority shall forward a request for administrative cooperation to the competent authority. If the Authority doubts whether it has a national competence, it shall forward the request for administrative cooperation to the liaison body.

Connection Point

§ 15. (1) Unless the law determines otherwise, the liaison office for matters relating to the immediate federal administration shall be the competent Federal Minister, for matters of the indirect federal administration of the Landeshauptmann, for all other Affairs the state government.

(2) In the course of administrative cooperation between the authorities, there shall be difficulties within the meaning of paragraph 3, and may request assistance from the liaison body.

(3) The liaison body shall assist the authorities in the event of difficulties in the course of administrative cooperation, in particular:

1.

if an authority does not have access to the Internal Market Information System within the meaning of Section 2 (1) of the Federal Act on the Internet-based Authority Cooperation System IMI (IMI Act), BGBl. I No 100/2011 , has;

2.

in the case of the transmission of information within the meaning of Article 10 (3) of Directive 2006 /123/EC on services in the internal market (hereinafter referred to as the Services Directive), OJ L 327, 30.4.2006, p. No. 36., in order to assess the equivalence of requirements necessary for the granting of a permit;

3.

in the case of the identification of the competent authority, where an authority of another EEA State has addressed a request for administrative cooperation to an uncompetent authority.

(4) In addition, the liaison office shall be active in the affairs of § § 20 and 21.

(5) If it is a matter of national competence, the liaison body shall immediately return the request for administrative cooperation to the applicant authority, on the basis of a substantiated indication.

(6) In the performance of their duties according to the provisions of Section 3 to 5, the liaison bodies are statutory service providers within the meaning of Section 10 (2) of the Data Protection Act 2000 of the bodies responsible for administrative cooperation.

Exceptions to administrative cooperation

§ 16. The provisions of this section shall not apply to the extent that administrative cooperation is provided for in the legislation implementing other Community acts.

Principles

§ 17. (1) The authorities shall also exercise the powers of investigation or transmission to them in relation to national matters in the cases of administrative cooperation with the authorities of other EEA States within the meaning of sections 18 to 21. In particular, the authorities may transmit information only if they are lawfully or lawfully able to identify them and where the transmission of such information is necessary and proportionate.

(2) disciplinary measures, administrative penalties or criminal penalties may only be communicated if they are legally binding and of direct relevance to the competence or professional reliability of the service provider. In this connection, it should be stated under which legislation the service provider has been convicted or punished. The service provider shall be informed immediately.

(3) In a request for administrative cooperation, the Authority shall have its competence and the necessity of the content and scope of the information requested to be credible. The Authority may only transmit the information requested by the authority of another EEA State, provided that it has made credible its competence and the necessity of the content and scope of the information requested, The request shall be withdrawn, in the event of an adverse event. The information transmitted by the authority of another EEA State may only be used for the matter for which it has been requested or transmitted in accordance with § § 18 to 21.

(4) In the context of administrative cooperation pursuant to § § 18 to 21, the following data may in particular be transmitted:

1.

Name, contact details, legal form, establishment and registration of the service provider;

2.

the legality of the performance of the service;

3.

documents of the service provider, such as the social contract;

4.

representation of the service provider;

5.

the insurance cover of the service provider;

6.

compliance checks and certification services;

7.

equipment;

8.

the actual existence of an employment relationship between the service provider and a particular person;

9.

Insolvency;

10.

the joint exercise of different activities by the service provider or the pursuit of such activities in a partnership;

11.

the information requirements of the service provider;

12.

commercial communication of the service provider within the meaning of Article 4 (12) of the Services Directive;

13.

the existence of a risk to the health or safety of persons or to the environment on the basis of a service;

14.

Information referred to in paragraph 2.

(5) Information in accordance with § § 18 to 21 shall in principle be exchanged in the way of the IMI. In cases of urgency or where, for other reasons, this appears to be exceptionally appropriate, such information may also be exchanged in other ways.

(6) Information requested by the authorities of other EEA States shall be transmitted as soon as possible.

(7) In the case of administrative cooperation in accordance with § § 18 to 21, it is necessary to ensure that every transmission and every reception of personal data is logged. Such logging shall include the reason for the transmission, the data transmitted or received, the date of transmission or reception and the name of the competent authority concerned. In addition, the person acting within the framework of administrative cooperation according to § § 18 to 21 shall be recorded for the national authority.

(8) In the event of difficulties in answering a request for administrative cooperation, the requested authority shall immediately inform the applicant authority of any difficulties.

Administrative cooperation with regard to service providers established in the federal territory

§ 18. (1) The authorities shall also take the control and implementation measures to be taken by them in accordance with the law in relation to service providers established in the territory of the Federal Republic of Germany, even if the service is to be provided in has been or is being provided to another EEA State or has caused damage there.

The Authority shall, in the context of administrative cooperation with regard to a service provider established in the territory of the Federal Republic of Germany and provide a service in another EEA State, have a plant or establishment plan or established, the authority of that EEA State to request the transmission of information and the carrying out of checks, inspections and investigations, provided that this is necessary for the performance of the tasks assigned to it by law.

(3) At the request of the authority of another EEA State in respect of a service provider established in the territory of the Federal Republic of Germany and providing a service in that other EEA State, a establishment or establishment is planned or established; provide the authority with the necessary information, carry out the inspections, inspections and investigations requested, and inform the applicant authority of the results and, where appropriate, the measures taken.

Administrative cooperation with regard to service providers established in other EEA countries

§ 19. (1) At the request of the authority of another EEA State in respect of a service provider established in that other EEA State and providing a service or planning an establishment in the territory of the Federal Republic of Germany, the Authority shall: to provide the necessary information, to carry out the inspections, inspections and investigations requested and to inform the applicant authority of the results and, where appropriate, the measures taken.

The Authority shall, within the framework of administrative cooperation with regard to a provider established in another EEA State and provide a service in the territory of the Federal Republic of Germany, or plan to establish an establishment, the Authority shall:: EEA State to request the transmission of information and the carrying out of checks, inspections and investigations, provided that this is necessary for the performance of the tasks assigned to it by law. It may also request the authority of the other EEA State to provide information on compliance with its provisions.

Administrative cooperation in case of exceptions

§ 20. (1) The procedure laid down in paragraphs 2 to 5 shall apply only to the extent that the administrative provisions so provide.

(2) Where an authority intends to take measures in relation to the security of the service in accordance with Article 18 of the Services Directive, it shall, first of all, by means of the liaison body, have the authority of the Member State of establishment over the to inform and request the facts and to ask them to take action against the service provider.

(3) In response to the request made in accordance with paragraph 2 by the Authority of the Member State of establishment, the Authority shall, by means of the liaison body, have the authority of the Member State of establishment and the Commission of the European Communities to inform and inform, where appropriate, of the proposed measure,

1.

the reasons for which the measures taken or intended by the competent authority of the Member State of establishment are deemed to be inadequate in accordance with paragraph 2, and

2.

why the proposed measures fulfil the conditions laid down in Article 18 of the Services Directive.

(4) The measures envisaged may not be taken at the earliest fifteen working days after the notification referred to in paragraph 3 has been sent.

(5) In cases of urgency, by way of derogation from the procedure laid down in paragraphs 2 to 4, the Authority may take measures pursuant to Article 18 of the Services Directive, which it shall take to the Authority of the Member State of establishment and the Commission of the The Commission shall immediately inform the European Communities of the urgency of the matter by the liaison body.

(6) The Authority shall immediately review the facts which are the occasion of the request of another EEA State in accordance with the first sentence of Article 35 (2) of the Services Directive and shall immediately inform the requesting authority, by way of a liaison body, of: indicate what measures have been or are being taken, or for which reason no action is taken.

Pre-warning mechanism

§ 21. Where an authority becomes aware of the conduct of a service provider which could pose a serious risk to the health or safety of persons or to the environment, it shall, by means of the liaison body, immediately: inform the authorities and the other EEA States concerned and the Commission of the European Communities, provided that such notification is necessary. The service provider shall be referred to as precisely as possible in the notification.

(2) Notifications by other EEA States pursuant to Article 29 (3) and Article 32 (1) of the Services Directive concerning a service provider, which poses a serious risk to the health or safety of persons or to the environment , may be accepted by the liaison bodies and forwarded immediately to the authorities.

Where appropriate, the Authority may, in respect of a preliminary warning referred to in paragraph 1 or 2, by the liaison body, the authorities, the other EEA States concerned and the Commission of the European Communities, Provide information or address questions to them.

(4) The Authority shall immediately inform the provider concerned of a notification in accordance with paragraph 1 or 3. The latter may apply for a review of the lawfulness of the notification in a procedure to be carried out in a modest way with the authority which has reported the notification. If the unlawfulness of the notification is found within the framework of a review, the Authority shall correct or withdraw the notification.

Section 5

Information on service providers, equal treatment

Information on the service provider

§ 22. (1) A provider shall have the following information available to the recipients of the service:

1.

his name (his company), his legal form, the address-capable address and information on the basis of which the recipients of services can communicate with him in a timely and direct manner;

2.

if available, the company's book number and the company book court;

3.

provided that the activity is subject to authorisation, the particulars of the competent authority or the single point of contact;

4.

if available, the VAT identification number;

5.

provided that it has a regulated profession in accordance with Article 3 (1) lit. (a) Directive 2005 /36/EC on the recognition of professional qualifications ('the Professional Qualifications Directive '), OJ L 327, 30.4.2005, p. No. 22., the Chamber, the professional association or a similar body to which he belongs, the professional title and the EEA State in which it was awarded;

6.

where available, the general terms and conditions and terms used by the service provider;

7.

where available, the existence of contractual clauses used by the service provider concerning the law applicable to the contract and the place of jurisdiction;

8.

where available, the existence of a post-contractual guarantee which is not prescribed by law;

9.

the price of the service, if the price of a particular type of service has been fixed by the service provider in advance;

10.

the main characteristics of the service if it does not already emerge from the context;

11.

where insurance or collateral exists pursuant to Article 23 (1) of the Services Directive, information on the subject, in particular the name and contact details of the insurer or guarantor and the territorial scope.

(2) The information referred to in paragraph 1 shall be provided by the service provider.

1.

the recipient of the service, or

2.

is readily available at the place where the service is provided or the contract is concluded for the recipient of the contract; or

3.

for the recipient of the service electronically available via an address indicated by the service provider, or

4.

in all the detailed information documents for recipients of services on the service offered.

(3) A service provider shall, on request, inform the recipients of the following additional information:

1.

if the price has not been fixed in advance by the service provider, the price of the service or, if no precise price can be specified, the nature of its calculation or a sufficiently detailed cost estimate;

2.

provided that it has a regulated profession in accordance with Article 3 (1) lit. (a) the Professional Qualification Directive, a reference to the professional rules in force in its Member State of establishment, and how they are accessible;

3.

the joint exercise of different activities by the provider of services or the pursuit of such activities in a partnership, provided that this is the independence or impartiality of the service provider with regard to the , and the measures it has taken to avoid conflicts of interest;

4.

codes of conduct applicable to service providers and the address under which they can be obtained electronically, as well as information on the languages in which they are available;

5.

provided that it is subject to codes of conduct or is part of a chamber or professional association or similar body providing for out-of-court procedures for dispute resolution, information on the matter. It shall specify how detailed information on this dispute settlement procedure and the conditions for its use can be obtained.

(4) The information referred to in paragraphs 1 and 3 must be clear, comprehensible and unambiguous and must be provided to the recipient in good time before the conclusion of the contract or, if a written contract is not concluded, before the provision of the service shall be made available. The service provider shall have in all the detailed information documents on the common exercise of different activities or the pursuit of such activities in a partnership which shall be independent or impartial and measures it has taken in order to avoid conflicts of interest.

(5) In addition, additional information requirements shall remain unaffected.

(6) The information requirements referred to in paragraphs 1 to 4 shall also apply to service providers established by third country nationals or third countries.

Equal treatment

§ 23. The general terms and conditions of a service provider for access to a service may not contain discriminatory provisions based on the nationality or place of residence of the service recipient. Differences in access conditions are not discriminatory if they are justified by objective criteria.

Administrative transgressions

§ 24. (1) Any person who violates his obligations to provide information in accordance with § 22 (1) to (4) and (6) or the equal treatment bid pursuant to § 23 shall be subject to an administrative surrender and shall be punished with a fine of up to EUR 3 000.

(2) An administrative surrender as referred to in paragraph 1 does not exist if the act forms the facts of a judicial offence or is threatened with a more stringent penalty under other administrative criminal provisions.

6.

Advisory Council

Establishment and procedure

§ 25. (1) The Federal Ministry for Economic Affairs, Family and Youth is to set up an advisory board.

(2) The Advisory Board shall be members of the Advisory Board:

1.

One member of the Advisory Board shall be:

a)

by the Federal Minister for Economic Affairs, Family and Youth;

b)

the Federal Chancellor;

c)

by the Federal Minister of Finance;

d)

by the Federal Minister for Labour, Social Affairs and Consumer Protection;

e)

by the Austrian Chamber of Agriculture;

f)

from each state

ordered,

2.

two members of the Advisory Board shall be:

a)

from the Austrian Chamber of Commerce;

b)

from the Federal Chamber of Workers and Employees

ordered.

For each member of the Advisory Board, a substitute member shall be appointed to represent the member in the event of his/her prevention.

(3) The Advisory Council shall have its own rules of procedure to be approved by the Federal Minister for Economic Affairs, Family and Youth. The meeting is chaired by the representative of the Federal Ministry for Economic Affairs, Family and Youth and has to convene the Advisory Board as required.

(4) The formation of wills in the Advisory Council shall be carried out by a majority of votes. In the event of a tie, the Chairman's vote shall indicate the rash. The Advisory Council shall have a quorum in the presence of at least half of its members. The members of the minority who are in the minority may give reasons for a minority vote.

(5) The Advisory Council may invite representatives of other authorities and other interested parties to its deliberations and listen to them.

(6) The Advisory Board shall be managed by the Federal Ministry for Economic Affairs, Family and Youth.

(7) The activities of the members and substitute members of the Advisory Board shall be voluntary.

Tasks

§ 26. (1) The Advisory Council shall discuss and evaluate:

1.

the implementation of the Services Directive in the Federal Republic of Germany and in other EEA States; and

2.

the further development of the competences of the single contact person.

(2) The Advisory Board shall report to the Federal Minister for Economic Affairs, Family and Youth on the outcome of its deliberations and, where appropriate, make recommendations.

Section 7

Final provisions

Linguistic equality

§ 27. Insofar as personal names are only mentioned in male form in this federal law, they refer to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

entry into force

§ 28. This federal law shall enter into force with the day following the customer's presentation.

Enforcement

§ 29. The following shall be entrusted with the task of enforcement:

1.

of the respective Federal Ministers responsible for § § 6, 7, 8 (1), (3) and (4), § § 9 to 13 and of the 4th Section,

2.

the Federal Chancellor with regard to Section 8 (2),

3.

the Federal Minister for Economic Affairs, Family and Youth, the Federal Chancellor, the Federal Minister of Finance and the Federal Minister for Labour, Social Affairs and Consumer Protection with regard to § § 25 and 26 and

4.

the Federal Minister for Economic Affairs, the Family and Youth with regard to the other provisions.

References

§ 30. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

Implementation Notice

§ 31. This federal law provides for Directive 2006 /123/EC on services in the internal market, OJ L 327, 30.4.2006, p. No. OJ L 376, 27.12.2006 p. 36.

Article 2

Federal law on the internet-based agency cooperation system IMI (IMI Act)

Scope

§ 1. This federal law applies to the exchange of data within the framework of administrative cooperation under Directive 2005 /36/EC on the recognition of professional qualifications, OJ No L 255, 30.9.2006 p. 22, Directive 2006 /123/EC on services in the Internal market ('the Services Directive '), OJ No L 376, 27.12.2006 p. 36, and Directive 96 /71/EC concerning the posting of workers in the framework of the provision of services, OJ No L 18, 21.1.1997, p. 1, as well as for the Administration of actors, users in the Internal Market Information System (IMI).

Definitions

§ 2. In the sense of this federal law,

1.

"Internal Market Information System" means the system established by the Commission of the European Communities in accordance with Article 34 of the Services Directive, in cooperation with the Member States, for the exchange of information between the member states in matters relating to the internal market;

2.

"actor" means an authority or other body registered in the Internal Market Information System;

3.

"user or user" means a natural person acting for an actor within the framework of the Internal Market Information System.

Prerequisite for the exchange of data on IMI

§ 3. In the case of administrative cooperation in accordance with the acts referred to in Article 1, the Commission of the European Communities may, as the operator of the IMI, be subject to the authorities or other competent authorities responsible for the exchange of data pursuant to the administrative rules. Institutions as legal service providers within the meaning of Section 10 (2) of the Data Protection Act 2000, BGBl. I n ° 165/1999 in its current version.

Authorization management for access to IMI

§ 4. The Federal Ministry of Economic Affairs, Family and Youth as national coordinator within the meaning of Article 8 (1) of the Commission's decision on the protection of personal data in the implementation of the Internal Market Information System (IMI), OJ C 327, 28.1.2002, p. No. 18. is a subcontractor of the Commission of the European Communities with regard to the management of the authorisation to access the operators and their users to the IMI. The other players are subcontractors of the Federal Ministry for Economic Affairs, Family and Youth with regard to the authorization management.

Enforcement

§ 5. The Federal Minister for Economic Affairs, Family and Youth is responsible for the enforcement of this federal law.

Article 3

Amendment of the price labelling law

The Federal Act on the Award of Prize-winning prizes (PrAG), Federal Law Gazette (BGBl). N ° 146/1992, as last amended by the Federal Law BGBl. I n ° 6/2006, is amended as follows:

1. § 9 (4), the following paragraph 5 is added:

" (5) The award of air travel prices has been awarded in accordance with Article 23 of Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community, OJ L 145, 31.5.2008.. No. OJ L 293, 31.10.2008, p. 3.

2. § 13 (1) the following second sentence is added:

" This also applies to the advertising of services without prejudice to § 22 (1) Z 9 of the Service Act, BGBl. I No 100/2011 , as amended. "

3. § 17 (8) the following paragraph 9 is added:

" (9) § 9 para. 5 and § 13 para. 1 second sentence in the version of the Federal Law BGBl. I No 100/2011 shall enter into force with the end of the day of the presentation of this Federal Law.

Article 4

Amendment of the Consumer Protection Act

The Consumer Protection Act, BGBl. No. 140/1979, as last amended by the Federal Law BGBl. I No 77/2011, is amended as follows:

1. In § 28a (1), the term " "and thereby" through the turn " or against a legal requirement or prohibition on the basis of Directive 2006 /123/EC on services in the internal market, OJ L 327, 30.4.2006, p. No. OJ No L 376 of 27. 12. 36, in respect of the provision of services in the internal market, and in that way " replaced.

(2) The following paragraph 27 is added to § 41a:

" (27) § 28a para. 1 in the version of the Federal Law BGBl. I No 100/2011 shall enter into force 1. Jänner 2012 in force. "

Article 5

Amendment of the General Administrative Procedure Act 1991

The General Administrative Procedure Act 1991-AVG, BGBl. No. 51, last amended by the Budgetbegleitgesetz 2011, BGBl. I n ° 111/2010, is amended as follows:

1. In § 3 Z 2, the word order shall be "Operation of a company or other permanent activity" through the phrase "Operation of a company or other permanent activity" replaced.

2. In Section 10 (4), the phrase "Family members, persons referred to in Section 36a (1)" through the phrase "Relatives (§ 36a)" replaced.

3. In Section 13 (5), the word order shall be deleted "by attack" .

Section 38a (1) reads as follows:

' (1) If the Authority has referred a question to the Court of Justice of the European Union for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union, only such acts may be taken up to the date of the preliminary ruling or take decisions and orders which cannot be influenced by the preliminary ruling or which do not conclude the question in a final way and do not permit a postponing. "

5. In Section 41 (1), the phrase "by attack in" through the phrase "replaced by the office panel" .

6. § 61a Z 3 and 4 reads:

" 3.

the legal requirements for the submission of such complaints by an authorized attorney;

4.

to the input fees to be paid for such complaints. "

7. § 81 together with the title is:

" Enforcement

§ 81. The Federal Government is entrusted with the enforcement of this federal law. "

8. In § 82 (6), first sentence, the term " "61 (5)," .

9. The following paragraph 19 is added to § 82:

" (19) § 3 Z 2, § 10 sec. 4, § 13 para. 5, § 38a para. 1, § 41 para. 1, § 61a Z 3 and 4, § 81 including the title and § 82 para. 6 first sentence in the version of the Federal Law BGBl. I No 100/2011 will be 1. Jänner 2012 in force. "

Article 6

Amendment of the Administrative Criminal Law 1991

The Administrative Criminal Law 1991-VStG, BGBl. N ° 52, as last amended by the Budgetbegleitgesetz 2011, BGBl. I n ° 111/2010, is amended as follows:

1. In Section 19 (2), the word order shall be "Income, wealth and family conditions" through the phrase "Income and wealth relationships and any obligations of sores" replaced.

2. In § 33 (1) and § 44 (1) (2), the word order shall be "the pre- and surname" in each case by the word sequence "the first name and the surname or surname" replaced.

3. In § 33 (1) and § 44 (1) (2) (2) the word "Family status" in each case by the word "person status" replaced.

4. In Section 33 (1), the phrase "Wealth, income and family relationships" through the phrase "Income and wealth relationships and any obligations of sores" replaced.

5. In Section 36 (3), the phrase "a person referred to in Section 36a (1) of the AVG" through the phrase "a family member (§ 36a AVG)" replaced.

6. In Section 36 (4), the phrase "persons referred to in Section 36a (1)" through the phrase "Relatives (§ 36a AVG)" replaced.

7. In Section 46 (2), the phrase "First and family names as well as place of residence" through the phrase "the first name and the surname or surname as well as the place of residence" replaced.

8. In § 48 (1) Z 2 the phrase "the first and family name" through the phrase "the first name and the surname or surname" replaced.

9. In Section 51a (1), the word order shall be "his family" by the word "People" replaced.

10. In Section 54 (3), the phrase "the Federal Minister of the Interior" through the phrase "the Civil Service Agency" replaced.

11. In Section 54a (1) (2), the word "Family Affairs" through the phrase "matters relating to family members (§ 36a AVG)," replaced.

12. The following paragraph 17 is added to § 66b:

" (17) § 19 para. 2, § 33 para. 1, § 36 para. 3 and 4, § 44 para. 1 Z 2, § 46 para. 2, § 48 paragraph 1 Z 2, § 51a paragraph 1, § 54 para. 3 and § 54a paragraph 1 Z 2 in the version of the Federal Law BGBl. I No 100/2011 will be 1. Jänner 2012 in force. "

Article 7

Amendment of the Administrative Enforcement Act 1991

The Administrative Enforcement Act 1991-VVG, BGBl. No. 53, as last amended by the Federal Law BGBl. I n ° 3/2008, shall be amended as follows:

1. In Section 2 (2), the word order shall be "makeshly maintenance" through the phrase "necessary support" replaced.

(2) The following sentence shall be added to § 10 (1):

"In proceedings before the independent administrative Senate, § § 51 to 51i VStG and, insofar as the VStG does not provide otherwise, the provisions of the AVG applicable to this procedure shall apply."

3. § 10 (3) second sentence reads:

" She goes

1.

in a matter of security administration, to the Security Directorate,

2.

in any other matter of the Federal Administration, to the Governor of the State and

3.

in a matter of the Land Administration, to the State Government,

4.

in the case of administrative transgressions, however, to the independent administrative senate (§ 51 VStG). "

4. The title before § 12 shall be replaced by the following paragraph:

"Special Compulsory Powers"

5. § 13 shall be preceded by the following paragraph:

"Entry into force"

6. In § 13 (1), after the word "second" the phrase "and third" inserted.

(7) The following paragraph 5 is added to § 13:

" (5) § 2 para. 2, § 10 paragraph 1 last sentence and paragraph 3 second sentence, the title to § 12, the headline to § 13, § 13 para. 1 and § 14 with title in the version of the Federal Law BGBl. I No 100/2011 will be 1. Jänner 2012 in force. "

8. § 14 together with the title is:

" Enforcement

§ 14. The Federal Government is entrusted with the enforcement of this federal law. "

Article 8

Repeal of some federal laws

(1) As far as they are still in effect, the following federal laws are repealed:

1.

Federal law of 4 February 1948 on the increase in fines in administrative criminal law, BGBl. No. 50/1948;

2.

Federal law of the 1st Feber 1961 on the inhibition of the Fristenexpiration by Saturdays and the Good Friday, BGBl. No 37/1961, in the version of the Federal Law BGBl. No 189/1963;

3.

Federal Law of 27 Jänner 1968, which changes the General Administrative Procedure Act with regard to administrative charges, BGBl. No. 45/1968, in the version of the Federal Law BGBl. No 413/1988;

4.

Federal Law on the Inhibition of the FristenabRun by 31 December 1999, BGBl. I No 186/1999;

5.

Federal Law on the Inhibition of Fristenexpiry by 31 December 2001, BGBl. I No 64/2001.

(2) There shall be no force:

1.

the Federal Act referred to in paragraph 1 (1) (3), with the expiry of 31 December 2013;

2.

the other federal laws referred to in paragraph 1 at the end of 31 December 2011.

Fischer

Faymann