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, ...

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997951/dienstleistungsgesetz--dlg-und-bundesgesetz-ber-das-internetgesttzte-behrdenkooperationssystem-imi-%2528imi-gesetz%2529-sowie-nderung-des-preisauszeichnun.html

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100 federal law, which enacted a federal law on the provision of services (Services Act – DLG) and a federal law on the Internet-based agency cooperation system IMI (IMI law), the pricing law, the Consumer Protection Act, the General Administrative Procedure Act 1991, the administrative penal code of 1991 and the administrative enforcement Act 1991 changed and lifted some federal laws

The National Council has decided:

Table of contents



Article 1Bundesgesetz on the provision of services (Services Act – DLG) article 2Bundesgesetz about the Internet-based agency cooperation system IMI (IMI law) article 3 change the pricing law article 4 modification of the consumer protection act article 5 amendment of the General Administrative Procedure Act 1991 article 6 change of administrative criminal law 1991 article 7 change of the administrative enforcement Act 1991 article 8 repeal some federal laws article 1

Federal law on the provision of services (Services Act – DLG)

Table of contents

1 section

General information


§ 1. Objective article 2 § 3 scope exceptions § 4 relative to other legislation § 5. definitions 2 section

Points of single contact and authority


§ 6 procedure via the points of single contact § 7 obligations of the single contact person § 8 support of single contact person § 9 information obligations of the authority § 10 electronic procedure § 11 template from original documents or certified copies 3 section

Permits


§ 12 procedures for the issuing of a permit § 13 receipt 4 section

Cross-border administrative cooperation


§ 14 responsibilities § 15 Liaison § 16 exceptions by the 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 States § 20 administrative cooperation on exceptions in individual cases § 21 alert mechanism 5 section

Details of the service provider, equal treatment


§ 22 details of the service provider § 23 principle of equal treatment § 24 administrative offences 6 section

Advisory Board


§ 25 establishment and procedure § 26 7 tasks section

Final provisions


§ 27 linguistic equal treatment article 28 entry into force § 29 enforcement § 30 references § 31 implementation note 1 section

General information

Target

§ 1. This federal law serves the achievement of the freedom to provide services in the internal market.

Scope of application

§ 2. This Federal Act shall not apply to services offered by a service provider established in an EEA State, as far as this federal law different is intended, without prejudice to the competence of the Länder.

Exceptions

3. (1) this Federal Act on following activities not apply:



1. non-economic services of general interest;

2. financial services such as banking services and services related to credit, insurance and reinsurance, occupational or personal pensions, securities, investment, payments, investment advice, including in annex I of to Directive 2006/48/EC concerning the inclusion of credit institutions, OJ No. L 177 of the 30.06.2006 p. 1, listed services;

3. Services and electronic communications networks and associated facilities and services in the areas, in the Access Directive 2002/19/EC, OJ No. L 108 of the 24.04.2002 S. 7, the authorisation directive 2002/20/EC, OJ No. L 108 of the 24.04.2002 p. 21, the framework directive 2002/21/EC, OJ No. L 108 of the 24.04.2002 p. 133, the universal service directive 2002/22/EC, OJ No. L 108 of the 24.04.2002, p. 51, and privacy policy for electronic communications 2002/58/EC, OJ No. L 201 of the 31.07.2002 p. 37, are regulated;

4. transport services including port services, falling within the scope of title V of the EC Treaty;

5. services of labour supply;

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

7. audiovisual services, also in the cinema and film, regardless of the nature of its production, distribution and broadcasting, and broadcasting;

8 games requiring a cash usage, including lotteries, gambling in casinos and betting transactions;

9 activities, are connected in accordance with article 45 of the EC Treaty with the exercise of official authority;

10 social services relating to social housing, childcare and support of families and persons permanently or temporarily need; provided by the State, by providers mandated or by non-profit recognised as

11 security industry;

12 activities of notaries.

(2) this Act does not apply to the area of taxes and charges and concerns not the abolition of monopolies providing services.

(3) this Act does not apply to matters of judicial criminal law with the exception of the 4th section, labour law, foreign employment law and the protection of workers.

(4) this federal law shall be without prejudice to issues of private international law, in particular the provisions of the applicable to contractual and non-contractual obligations, including the provisions that ensure that the consumers through the consumer protection rules laid down in the consumer legislation are protected.

(5) this Federal Act shall affect not the exercise of fundamental rights and the right to negotiate collective agreements, to complete and to enforce and to take industrial action.

Relationship to other laws

§ 4. Contrary to the provisions of this Federal Act regulations, which are based on Community law governing specific aspects of access to or exercise of specific occupations or sectors of services, proceed in this federal law.

Definitions

§ 5. In the meaning of this federal law is



"Request" any edition, condition, restriction or any prohibition with respect to the taking up and pursuit a service, which are laid down in the administrative regulations, or the legislation, case-law, administrative practice, the rules of professional bodies, or the collective rules issued by the Chambers or other similar institutions in the exercise of their legal autonomy, result from 1;

2. "Local service" each of article 50 of the EC Treaty covered self-employment provided usually for a fee.

3. "Recipient" any natural person who holds the nationality of an EEA country or which is in the enjoyment of rights of Community acts, or any legal entity established in an EEA State, in accordance with article 48 of the EC Treaty, that takes a service or claim; take

4. any natural person who holds the nationality of an EEA country, and any legal person established in an EEA State, within the meaning of article 48 of the EC Treaty, a service provided by the "Service providers" or provides;

5. "Points of single contact" the Office of the provincial government;

6 'requesting authority' the competent authority which makes a request for administrative cooperation;

7. "EEA State" means a Contracting State of the agreement on the European economic area or a Member State of the European Union;

8 "Approval process" has any procedure to meet the authority on the basis of a proposal or an ad in which a formal or tacit decision on the access to or exercise of a service;

9. "Establishment" means the actual pursuit of an economic activity covered by article 43 of the EC Treaty, by the provider for an indefinite period and through a fixed infrastructure from where the business of service provision actually; carried out

"Establishment" of the EEA, is established in its territory of the service provider 10.

2. section

Points of single contact and authority

Through the points of single contact process

Section 6 (1) in proceedings of first instance can be tabled written submissions at the points of single contact, as far as the competence to the execution comes to the Federal for the Governor, as far as the competence to the execution comes to the countries, is working for the provincial government.

(2) section 13, paragraph 2, 5 and 6, section 33, paragraph 3, of the General administrative procedures Act 1991 - are AVG, BGBl. No. 51, to apply mutatis mutandis to attaching referred to in paragraph 1.

(3) the points of single contact has the fitting referred to in paragraph 1 without undue delay:



1. If for the treatment of installing an authority is objectively responsible, whose Sprengel was at least partly consistent with the country to the competent body;

2.

otherwise on an other points of single contact, to share placement in accordance with subpara 1 has. The points of single contact has to inform the intervening party a such forwarding.

(4) the introduction of a claim referred to in paragraph 1 at a single point of contact first set AVG applies except in the case of § 42 para 1 as contribution to the competent body. A certain form of contribution by attaching is provided for in the administrative instructions, the points of single contact has to point out the intervening party. Official decision deadlines begin with the third working day after the introduction.

(5) at the points of single contact other attaching as such pursuant to par. 1 arrive, so he has this without undue delay at the risk of the applicant to the competent body to forward or to have the intervening party to these.

(6) the single point of contact is in the performance of his duties under this section legal service provider within the meaning of § 10 par. 2 of the data protection Act 2000, Federal Law Gazette I no. 165/1999, to accomplish the tabled attaching authorities.

Information obligations of the single contact person

The points of single contact have section 7 (1) the service providers and recipients the following General and current information in clear and easily understandable form, as well as remotely and electronically accessible to provide:



1. information about the requirements for taking up and pursuing a service, that apply to service providers operating in the country, above all the while to be followed procedures and formalities;

2. details of the authorities which are responsible for procedures relating to the taking up and pursuit of service;

3. details of a) the availability of public registers and databases on providers and services, as well as b) the conditions of access to these registers and databases;

4. information on legal protection facilities a) against decisions of the authorities, as well as b) in the case of disputes between service provider and a recipient or between providers;

5. information on bodies which are not authorities, although, but local service provider or recipient practically support, in particular the legal professional representatives.

(2) in the case of requests for information, which go beyond 1 information to (5) in the Z, the points of single contact has to refer the provider and recipient to the authorities or competent bodies.

(3) the points of single contact has to answer requests for information relating to paragraph 1 as soon as possible or contact the provider and receiver having regard to where the request is faulty or unfounded.

(4) on request of a service provider, the points of single contact has to communicate the status of the authority as soon as possible.

Support of the single contact person

The Federal Minister or provincial governments in the context of their legitimate sphere of competence have section 8 (1) the single point of contact to provide Z 1 to 4 information required pursuant to § 7 para 1.

(2) the operator of the Internet portal for citizens in accordance with the corporate service portal Act, Federal Law Gazette I no. 52/2009, has the contact details of the authorities referred to in article 7, paragraph 1 Z 2 the PSC electronically to make available. To this end, the authorities or, if this agreed between the authorities and the single point of contact that points of single contact in its territory, the authorities have their seat immediately electronically to provide the operator of the Internet portal for citizens the following data and amendments:



1. postal address;

2. visitors address, as far as the mailing address that is different;

3. telephone number;

4. fax number, if any;

5. E-mail address or other electronic contact address;

6 Web address, if available.

(3) in article 7, paragraph 1 Z 5 called bodies have to provide the information required by this section the points of single contact.

(4) the authority has the PSC pursuant to § 7 para 4 as soon as possible to provide the necessary information.

Information obligations of the authority

§ 9 (1) has the authority to grant the local service providers and recipients upon request in clear and easily understandable form, as well as remotely and electronically General and current information about the common interpretation and application of the relevant requirements pursuant to § 7 para 1 subpara 1.

(2) the authority shall as quickly as possible to answer enquiries referred to in paragraph 1 or to the provider and receiver having regard, where the request is faulty or unfounded.

Electronic proceedings

§ 10 (1) the authority the technical requirements within the meaning of § 13 para 2 must be AVG, so that the application may be filed in electronic form.

(2) the technical requirements must be if the authority, so that delivery, which she intends to carry, also electronically according to the provisions of the 3rd section of the delivery Act, Federal Law Gazette No. 200/1982, can be made.

Presentation of original documents or certified copies

§ 11 (1) in place of original documents or certified copies can of service providers



1. in accordance with paragraph 2 created and signed electronic copies or 2. electronic copies, which according to the original document electronically was upheld by a competent body of another EEA State, present.

(2) service providers can make electronic copies of original documents to the authority in accordance with the existing technical requirements. The compliance of the electronic copy with the original is by an official signature within the meaning of article 19 of the E-Government Act, Federal Law Gazette I no. 10/2004, to confirm.

3. section

Permits

The procedure for granting a permit

§ 12 (1) insofar as the regulations provide for this, considered the approval a proposal of law due to given, if the notice was not issued the decision deadline.

(2) who is para 1 deadline three months, if in the administrative provisions not otherwise is intended. The authority can ever properly extend the decision period, insofar as this is necessary because of the difficulty of the matter. The deadline extension is to establish and to inform the parties to the proceedings before the decision deadline.

(3) the request is in writing. The time limit in paragraph 2 shall begin with timely receipt of deficiency-free application. AVG is to point out this circumstance in the case of a lack of resolve order according to § 13 para 3.

(4) if in the administrative provisions not otherwise designed, has the authority to confirm the entry of the approval referred to in paragraph 1 as soon as possible in writing. This confirmation shall be notified to the parties to the proceedings. Each party has the right to seek a decision on the admission of the approval referred to in paragraph 1 within four weeks after notification of this communication.

(5) on the approval referred to in paragraph 1, articles 68 to 70 are AVG to be applied mutatis mutandis.

Acknowledgement of receipt

Section 13 (1) the competent authority pursuant to article 6 para 3 Z 1 has on the request for approval as soon as possible to issue an acknowledgement of receipt, which has to contain in particular the following information:



1. start and duration of the decision period under the regulations or section 12 para 2 and 3;

2. possibility of a lack of resolve order according to § 13 para 3 AVG and its legal consequences, if necessary, according to § 12 para 3;

3. If necessary legal consequences in accordance with article 12, paragraph 1 and 4;

4. legal remedies or redress.

(2) the competent authority in accordance with § 6 ABS. 3 Z 1 has a display regarding a permit as quickly as possible to issue an acknowledgement of receipt, which has to contain in particular the following information:



1. commencement and duration of the relevant time limits under the regulations;

2. possibility of a lack of resolve order according to § 13 para 3 AVG and its legal consequences.

3. appeal or means of redress.

4 section

Cross-border administrative cooperation

Responsibilities

The authorities are section 14 (1) in those cases where they are factual and geographical jurisdiction, committed to the administrative cooperation with the competent authorities of the other EEA States in the Affairs of sections 18 to 21.

(2) in case of its lack of jurisdiction, the authority has a request to deliver administrative cooperation to the competent authority. Doubt the authority of the existence of a national competence, it has the request to submit administrative cooperation at the joint.

Liaison Office

15. (1) unless the laws not otherwise determine, is the State Government the contact point for matters of immediate Federal Administration of the competent Federal Minister, for matters pertaining to the indirect federal administration of provincial Governor, for all other matters.


(2) for the purposes of paragraph 3 difficulties in the course of administrative cooperation between the authorities, they can ask the liaison for assistance.

(3) the Liaison Office has the authorities in difficulty in the course to support administrative cooperation, in particular



1. when an authority without access to the internal market information system within the meaning of section 2 No. 1 of the Federal law about the Internet-based authority cooperation system IMI (IMI Act), Federal Law Gazette I no. 100/2011, has.

2. in the transfer of information within the meaning of article 10 paragraph 3 of Directive 2006/123/EC on services in the internal market (hereinafter: services directive), OJ No. L 376 of 27.12.2006 p. 36, for assessing the equivalence of the requirements that are required for the issuing of a permit;

3. in the determination of the competent authority if an authority of another EEA State has a request for administrative cooperation to a unzuständige authority.

(4) in addition, the Liaison Office in the Affairs of §§ 20 and 21 to act has.

(5) lack of a national competence, the Liaison Office has the request justified referring it immediately to the requesting authority to make back administrative cooperation.

(6) the liaison offices are legal service provider within the meaning of § 10 par. 2 of the data protection Act 2000 of the authorities committed to administrative cooperation in carrying out their tasks according to the paragraph 3 to 5.

Exceptions of the administrative cooperation

§ 16. The provisions of this section are not applicable unless an administrative cooperation provided in legislation implementing other Community acts.

Principles

Section 17 (1) the authorities have to perform the discovery coming to them on national issues or transmission powers even in cases of administrative cooperation with authorities of other EEA States within the meaning of sections 18 to 21. In particular, the authorities may only transmit information if they legally have these or can legitimately determine this, and as far as the transmission of which is necessary and proportionate.

(2) disciplinary action, fines or criminal penalties may only be communicated unless they are legally binding and directly relevant to the competence or professional reliability of the service provider. This is to specify under which legislation the service provider was found guilty or penalised. The service provider is to inform immediately.

(3) in a request for administrative cooperation, the authority has to make credible their responsibility and the necessity of the content and scope of the information requested. The authority may transmit only requested information from the authority of another EEA State, unless it has made credible their responsibility and the necessity of the content and scope of the information requested, failing which the request by pointing out to reset is. Information supplied by the authority of another EEA State may be used only for the matter for which they were requested or submitted in accordance with sections 18 to 21.

(4) in the framework of the administrative cooperation referred to in sections 18 to 21, in particular the following data can be transmitted:



1. name, contact information, legal form, establishment and registration of the service provider;

2. legality of the exercise of the services;

3. documents of the service provider such as the social contract;

4. representation of the service provider;

5. insurance coverage of the service provider;

6 conformance testing and certification services;

7 pieces of equipment;

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

9 bankruptcy;

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

11 information obligations of the service provider;

12 commercial communication of the service provider within the meaning of article 4 No. 12 of the services directive;

13 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 referred to in sections 18 to 21 is replaced generally by way of the IMI. In urgent cases or if this seems exceptionally appropriate for other reasons, this information in other ways can be exchanged.

(6) information requested from other EEA States are to submit as soon as possible.

(7) the administrative cooperation referred to in sections 18 to 21 is to ensure that every delivery and any reception of personal data is logged. This logging is the occasion of the delivery, to cover the data transmitted or received, the date of delivery or receipt and the name of the concerned authority. In addition, which is within the framework of the administrative cooperation referred to in the sections 18 to 21 person for the national authority to log.

(8) difficulties arise in responding to a request for administrative cooperation, the requested authority has to inform the requesting authority immediately.

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

Section 18 (1) the authorities will have to take, if the service in another EEA State was provided by them in accordance with the statutory provisions for appropriate control and implementing measures in relation to service providers established in the Federal territory or will be or damage caused.

(2) the authority shall within the framework of administrative cooperation in relation to a service provider, which is established in the Federal territory and provides a service in another EEA State, a branch plant or is established to seek the authority of that EEA State providing information and carrying out checks, inspections and investigations, if necessary for the performance of the duties conferred on it by law.

(3) at the request of the authority of another EEA State in relation to a service provider, which is established and in that other EEA State provides a service, a branch plant or is established in the Federal territory, the authority has to provide the necessary information, to undertake the requested checks, inspections and investigations, and to inform the requesting authority of the results and, where appropriate, initiated measures.

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

Section 19 (1) at the request of the authority of another EEA State in relation to a service provider who is established in that other EEA State and in the Federal territory provides a service or is planning a branch has to convey the authority the necessary information, to carry out the requested checks, inspections and investigations, and to inform the requesting authority of the results and, where appropriate, initiated measures.

(2) the authority shall within the framework of administrative cooperation in relation to a service provider who is established in another EEA State and in Germany provides a service or a branch is planning to ask the authority of that EEA State providing information and carrying out checks, inspections and investigations, if necessary for the performance of the duties conferred on it by law. Also the authority of another EEA State, she may ask to inform about its compliance.

Administrative cooperation on exceptions in individual cases

Section 20 (1) that is in para 2 to 5 regulated procedures only applied, insofar as the regulations provide for this.

(2) intends to take measures in relation to the safety of services an authority in accordance with article 18 of the services directive, she initially has by way of the Liaison Office to inform the authorities of the Member State of establishment, on the services and the facts of the case and to request it, to take action against the service provider.

(3) after the answering of the request referred to in paragraph 2 by the authority of the Member State of establishment, the authority in the way of the junction has to inform the authority of the Member State of establishment and the Commission of the European communities, where appropriate, on the proposed measure and communicate,



1. for what reasons you be kept measures taken or proposed by the authority of the Member State of establishment pursuant to par. 2 insufficient and 2 why the proposed measures meet the requirements of article 18 of the services directive.

(4) the measures envisaged should be taken at the earliest fifteen working days after dispatch of the notification referred to in paragraph 3.


(5) in cases of urgency the authority may take by way of derogation measures in accordance with article 18 of the services directive by the procedure laid down in paragraph 2 to 4, which they share with the authority of the Member State of establishment and the Commission of the European communities without delay through the junction under grounds of urgency has.

(6) the authority has the subject which (2) is article 35, first sentence, of the services directive occasion of the request of another EEA State pursuant to, to check without delay and the requesting authority through the Liaison Office forthwith, what measures have been taken or are intended or for whatever reason, no action is taken.

Alert mechanism

§ 21 (1) an agency becomes aware of a behavior of a service provider, of a serious risk to the health or safety could be persons or to the environment, it has to inform immediately the authorities as well as the other EEA States concerned and the Commission of the European communities, provided that such a notification is required through the junction. The service provider must be regarded as closely as possible in the message.

(2) messages other EEA States in accordance with article 29 paragraph 1 of Directive relating to a service provider, could assume a serious danger to the health or safety of persons or to the environment are para. 3 and art. 32 to accept by the liaison agencies and without delay to the authorities to pass on.

(3) if it is appropriate, the authority in relation to a under paragraph 1 or 2 May was warning through the junction of the authorities, the other EEA States concerned and the Commission of the European communities to provide additional information or questions to them.

(4) the authority has to immediately inform the concerned service providers of a notification under paragraph 1 or 3. This may request a review of the legality of the message in one administrative decision to be procedures for the authority that has been reimbursed by the message. Is the illegality of the message is determined in the context of a review, the authority has to deliver the message correctly or to withdraw.

5. section

Details of the service provider, equal treatment

Information about the service provider

A provider may 22 (1) following information inherently available to recipients:



1 his name (his company), its legal form, address, as well as information on the basis of which the service recipients with him; get in touch quickly and directly

2. where available, the registration number and the registration Court.

3. insofar as the activity of a permit is subject to the information to the competent authority or the single point of contact;

4. If present, the value added tax identification number;

5. unless he regulated a profession in accordance with article 3 par. 1 lit. of Directive 2005/36/EC on the recognition of professional qualifications (in the following: professional qualifications directive), OJ No. L 255 of the 30.09.2005 exerts p. 22, that he heard Chamber, any professional body or similar institution, or occupation and the EEA State in which it was awarded;

6. If present, which used by the service providers terms and conditions and clauses;

7. if available, the presence of the service provider of used contractual clauses concerning the law applicable to the contract and the competent court;

8. if available, the existence of a prescribed by law to contractual guarantee;

9. the price of the service, if the price of a certain kind of service has been set in advance by the service provider;

10. the main features of the service, if it not already emerge out of context;

11 absence of insurance or securities para. 1 of the services directive Article 23, details, in particular the name and the contact details of the insurer or guarantor and the territorial coverage.

(2) the information referred to in paragraph 1 are from the service provider



1 the recipient communicated or 2. at the place of performance or of the conclusion of the contract for the recipients of services readily available provided or easily accessible kept 3rd for the recipients of services electronically via an address specified by the service provider or 4th in all detailed information documentation for service recipients about the service led.

(3) a service provider has the following additional information to be communicated to the recipients upon request:



1. If the price in advance has been set by the service providers, the price of the service or, if an exact price cannot be given, the nature of its calculation or a sufficiently detailed estimate;

2. where he regimented a profession in accordance with article 3 par. 1 lit. a the professional qualifications directive does a reference to the professional rules of the in his Member State of establishment and how these are accessible;

3. the joint exercise different activities by the service provider or the pursuit of such activities in a partnership, if this may affect the independence or impartiality of the service provider with respect to the requested services and on the measures he has taken to avoid conflicts of interest;

4. codes of conduct, which apply to the service provider, and the address of this electronically can be obtained, as well as specifying the language in which they are available;

5. unless he is subject to codes of conduct or belongs to a Chamber or a professional association or a similar institution, the out-of-court dispute resolution procedures provide information. This is to specify how detailed information about this dispute resolution procedure and the conditions for its use can be obtained.

(4) the information according to para 1 and 3 must be clear, comprehensible and unambiguous and must be provided in good time before conclusion of the contract or, if no written contract, before the service the recipient. The service provider has any detailed information documents relating to the joint exercise of different activities or the pursuit of such activities in a partnership that could affect his independence or impartiality, and on measures it has taken to avoid conflicts of interest, to inform.

(5) further information requirements remain unaffected.

(6) which information requirements according to para 1 to 4 also apply to service providers, the third-country nationals or resident in third countries.

Principle of equal treatment

section 23. The terms and conditions of a service provider for the access to a service may contain any provision that is discriminatory based on the nationality or the place of residence of the recipient of the services. Differences in the conditions of access are non-discriminatory, if they are justified by objective criteria.

Administrative offences

24. (1) who violates his obligations according to section 22 para 1 to 4 and 6, or the equal treatment requirement according to section 23, commits an administrative offence and is fined to punish up to EUR 3 000.

(2) an administrative offence is not referred to in paragraph 1, if the Act constitutes a legally punishable act or is threatened after other administrative penal provisions with stricter punishment.

6 article

Advisory Board

Equipment and procedures

Section 25 (1) the Federal Ministry of economy, family and youth is an Advisory Committee set up.

(2) the Advisory Board have as members to belong to:



1. If a member of the Advisory Board: a) of the Federal Ministry of economy, family and youth;

(b) by the Federal Chancellor.

(c) by the Federal Minister of finance;

d) by the Federal Minister of labour, Social Affairs and consumer protection;

(e) by the Chamber of Agriculture of Austria;

f) appointed by each State,



two members of the Advisory Board are 2: a) by the Austrian Chamber of Commerce.

(b) by the Federal Chamber of labour ordered.



A substitute member is to order for each Member of the Advisory Board, representing the Member in his absence.

(3) the Advisory Board has to give its rules of procedure, that is family and youth shall be approved by the Federal Minister for Economic Affairs. Has needed to convene the Advisory Board Chair leads the representative of the Federal Ministry for economy, family and youth

(4) the decision-making process in the Council by majority of votes. Vote the vote of the Chairman shall be decisive. The Advisory Board is quorate with the presence of at least half of its members. The members remained in the minority may submit reasoned minority vote.

(5) the Advisory Committee may invite to its meetings representatives of other authorities and other respondents and play back.


(6) the business of the Advisory Board are guided by the Federal Ministry for economy, family and youth.

(7) the activities of the members and alternate members of the Advisory Board is volunteer.

Tasks

Section 26 (1) which discusses Advisory Board and evaluated:



1. the implementation of the services directive in the Federal territory, as well as in other EEA States, and 2. the further development of the competence of the single contact person.

(2) the Advisory Board has the Federal Minister of economy, family and youth about the results of his consultations and, where appropriate, to make recommendations.

7 section

Final provisions

Linguistic equal treatment

§ 27. As far as this federal law are personal names only in the male form, they relate to women and men in the same way. When applied to certain persons, the respective gender-specific form is to use.

Entry into force

section 28. This federal law shall enter into force the day following the announcement.

Enforcement

section 29. Are entrusted with the execution:



1. the competent Minister with respect to articles 6, 7, 8 para 1, 3 and 4, articles 9 to 13 and of the 4th section, 2. the Chancellor with regard to § 8 para 2, 3. the Federal Ministry of economy, family and youth, the Federal Chancellor, the Federal Minister of finance and the Federal Minister for labour, Social Affairs and consumer protection in terms of §§ 25 and 26 and 4. the Federal Minister for economic , Family and youth as regards the remaining provisions.

References

section 30. As far as other federal laws is referenced in this federal law provisions, these are to apply in their respectively valid version.

Implementation note

§ 31. By this federal law, the directive is 2006/123/EC on services in the internal market, OJ No. L 376 of 27.12.2006 p. 36, implemented.

Article 2

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

Scope of application

§ 1. This federal law applies to 2005/36/EC data exchange within the framework of administrative cooperation under the directive on the recognition of professional qualifications, ABl.Nr. L 255 of 30 September 2006 p. 22, the directive 2006/123/EC on services in the internal market (hereinafter: services directive), ABl.Nr. L 376 of 27.12.2006 p. 36, and Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, ABl.Nr. L 18 of the 21.1.1997 S. 1, as well as for the management of actors, users and users in the internal market information system (IMI).

Definitions

§ 2. In the meaning of this federal law is



1. "Internal Market Information System" 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 of the internal market;

2. is a "Player" in the internal market information system registered authority or other body;

3. 'User or users' one for one of the players in the framework of the internal market information system of natural person acting.

Requirement of the exchange of data via IMI

§ 3. For administrative cooperation according to the legal acts referred to in article 1 the Commission of the European communities as operator of the IMI of the authorities after the administrative provisions for the exchange of data or other organisations as a legal service provider within the meaning of § 10 par. 2 of the data protection act can be used 2000, Gazette I no. 165/1999 in its currently valid version.

Permissions management for access to IMI

§ 4. The Federal Ministry for economy, family and youth as a national coordinator within the meaning of article 8 para 1 of the decision of the Commission on the protection of personal data in the implementation of the internal market information system (IMI), OJ No. L 13 of January 16, 2008 is S. 18, with regard to managing permissions for accessing the actors and their users and users to the IMI Subdienstleister of the Commission of the European communities. The other players are in terms of permissions management Subdienstleister of the Federal Ministry for economy, family and youth.

Enforcement

§ 5. The Federal Minister of economy, family and youth is entrusted with the execution of this Federal Act.

Article 3

Change of the pricing law

The Federal law on the award of prices (price labelling Act - Prague), BGBl. No. 146/1992, as last amended by Federal Law Gazette I no. 6/2006, is amended as follows:

1. § 9 para 4 is added the following paragraph 5:

"(5) the award of prices for air travel has no. According to article 23 of Regulation (EC) 1008/2008 on common rules for the operation of air transport services in the community, OJ No. L 293 of 31.10.2008 S. 3, to be carried out."

2nd 13 para 1 second sentence is added paragraph:

"This also applies to advertising for services without prejudice to section 22 para 1 No. 9 of the Services Act, Federal Law Gazette I no. 100/2011, in their up-to-date versions."

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

"(9) § 9 par. 5 and § 13 para 1 second sentence as amended by Federal Law Gazette I no. 100/2011 with the end of the day of the announcement of this Federal Act into force."

Article 4

Change of the consumer protection act

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

1. in article 28, paragraph 1, the expression "and thereby" by the phrase "or against a legal bid or prohibition on the basis of the directive 2006/123/EC on services in the internal market, OJ is "No. L 376 of 27 12 2006, p. 36, violates the provision of services in the internal market and thus each" replaced.

27 the following paragraph is added to § 2. 41a:

"(27) § 28a para 1 as amended by Federal Law Gazette I no. 100/2011 effective with January 1, 2012."

Article 5

Change of the General administrative procedures Act 1991

The General Administrative Procedure Act 1991 - AVG, BGBl. No. 51, as last amended by the budget bill 2011, Federal Law Gazette I no. 111/2010, is amended as follows:

1 in § 3 Z 2, the phrase "Operating a business or other ongoing activity" is replaced by the phrase "Operation of a company or other ongoing activity".

2. in section 10, paragraph 4, the phrase is ' family members, in § 36a para 1 persons "is replaced by the phrase"Members (§ 36a)".

3. in article 13, paragraph 5 the phrase eliminates "stop".

4. § 38a paragraph 1 reads:

"(1) the Authority presented a question for a preliminary ruling the Court of Justice of the European Union under article 267 of the Treaty on the functioning of the European Union, so must to be made to the receipt of a preliminary ruling only such acts or decisions and orders made, which can not be affected by the ruling or not finally settle the question and allow no delay."

5. in article 41, paragraph 1, the phrase is "by stop in ' is replaced by the phrase"on the official notice board".

6 § 61a Nos. 3 and 4 is:



"3. on the legal requirements of the introduction of such complaints by an authorized lawyer;

4. on the for such complaints entry fees payable."

7 paragraph 81 with heading:

"Enforcement

Article 81. With the completion of this Federal Act the Federal Government is responsible."

8. in section 82 para 6 first sentence is the expression "61 paragraph 5,".

9 19 the following paragraph is added to article the 82:

"(19) § 3 Z 2, § 10 para 4, § 13 para 5, § 38a, para 1, § 41 para 1, § 61a Nos. 3 and 4, § 81 heading and section 82 para 6 first sentence as amended by Federal Law Gazette I no. 100/2011 1 January 2012 into force."

Article 6

Amendment of the administrative penal code 1991

The administrative penal code 1991 - VStG, BGBl. No. 52, amended by the budget bill 2011, Federal Law Gazette I no. 111/2010, is amended as follows:

1. in article 19, paragraph 2, the phrase "Income, assets and family relationships" by the phrase "Income and assets and any concern obligations" is replaced.

2. in article 33, paragraph 1 and article 44, paragraph 1, no. 2 replaced the phrase "the first and family names" by the phrase "the given name and the family name or last name".

3. in article 33, paragraph 1 and article 44, paragraph 1 Z 2 is substituted the word "Marital status" with the word "Civil status".

4. in article 33, paragraph 1, the phrase "Assets, income, and family relationships" by the phrase "Income and assets and any concern obligations" will be replaced.

5. in article 36, paragraph 3, the phrase "a person referred to in § 36a para 1 AVG" is replaced by the phrase "a member (§ 36a AVG)".

6. in article 36, paragraph 4, the phrase "Person referred to in § 36a para 1" is replaced by the phrase "Members (§ 36a AVG)".

7. in article 46, paragraph 2, the phrase is replaced "First and family name and place of residence" by the phrase "The given name and family name or last name and place of residence".


8. in article 48, paragraph 1, no. 2 replaced the phrase "the first and family name" by the phrase "the first name and family name or surname".

9. in section 51a, paragraph 1, the phrase "his family" is replaced by the word "Persons".

10. in article 54, paragraph 3, the phrase "of the Federal Minister of the Interior" is replaced by the phrase "the civil service service agency".

11. in section 54a para 1 No. 2, the word "Family Affairs" is replaced by the phrase "Matters affecting members (§ 36a AVG)".

12 b is added the following paragraph 17 the section 66:

"(17) section 19 para 2, § 33 para 1, § 36 para 3 and 4, § 44 par. 1 Z 2, § 46 para 2, § 48 para 1 No. 2, § 51a para 1, § 54 para 3 and § 54a para 1 No. 2 in the version of Federal Law Gazette I no. 100/2011 1 January 2012 into force."

Article 7

Amendment of the administrative enforcement Act 1991

The administrative enforcement Act 1991 - German insurance contract law, BGBl. No. 53, last amended by Federal Law Gazette I no. 3/2008 is amended as follows:

1. in article 2, paragraph 2, the phrase "temporary keep" is replaced by the phrase "required maintenance".

2 the following sentence is added to in section 10, paragraph 1:

"The paragraphs 51 to 51i VStG are also in the proceedings before the independent administrative panel of appeal and, as far as resulting from the VStG not different results, to apply the provisions of the AVG for this procedure."

3. § 10 para 3 second sentence reads:

"She goes



"1. in a matter of security management at the Security Directorate, 2nd in an other matter of the Federal Administration at the provincial Governor and 3 in a matter of State administration to the Government of the country, 4 in the proceedings for administrative offences but with the independent administrative Senate (§ 51 VStG)."

4. the heading before section 12 is replaced following paragraph heading:

"Special coercive powers"

5 following paragraph heading is preceded by the article 13:

"Entry into force"

6. in article 13, paragraph 1 "second" is inserted after the phrase "and the third".

7 the following paragraph 5 is added to § in 13:

"(5) § 2 para 2, § 10 para 1 last sentence and paragraph 3, second sentence, the heading to § 12, the heading to § 13, § 13 para 1 and § 14 and heading as amended by Federal Law Gazette I no. 100/2011 1 January 2012 into force."

8 paragraph 14 along with heading:

"Enforcement

§ 14. With the completion of this Federal Act the Federal Government is responsible."

Article 8

Repeal some federal laws

(1) insofar as they are still in force, the following federal laws shall be repealed:



1. Federal law of February 4, 1948, through the increase of financial penalties in the administrative criminal law, Federal Law Gazette No. 50/1948;

2. Federal law from 1 February 1961 on the inhibition of the course of the time limits by Saturday and the good Friday, Federal Law Gazette No. 37/1961, as amended by Federal Law Gazette No. 189/1963;

3. Federal law of 27 January 1968, which modifies the General Administrative Procedure Act with regard to the administrative charges, Federal Law Gazette No. 45/1968, as amended by Federal Law Gazette No. 413/1988;

4. Federal law on the inhibition of expiry of deadlines by December 31, 1999, Federal Law Gazette I no. 186/1999;

5. Federal law on the inhibition of the course of the periods through December 31, 2001, Federal Law Gazette I no. 64/2001.

(2) there are override:



1. that in paragraph 1 Z 3 called federal law at the end of 31 December 2013;

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

Fischer

Faymann