90. Ordination of the Federal Minister of Health on the Rules of Procedure of the Animal Protection Council (Rules of Procedure of the Animal Protection Council)

Due to § 42 (4a) of the Federal Act on the Protection of Animals (Animal Protection Act-TSchG), BGBl. I No 118/2004, Art. 2, as last amended by BGBl. I No 80/2010, shall be ordered:

Participation, application and voting rights

§ 1. (1) The members of the Council are members of the Council (Section 42 (2) of the TSchG) or, in the event of their prevention, their substitutes (Section 42 (4) of the TSchG) or in the event of their prevention/their depudiation (s), the employees of the Office according to § 5, as well as any additional experts who have been received in accordance with paragraph 2.

(2) In order to advise individual tasks, in particular to provide expert advice to individual priorities of the Council's remit, other experts may, by decision of the Council with the consent of the Federal Minister for Health, be able to provide further experts in accordance with § 42 4a TSchG.

(3) The respective substitutes may participate only in the absence of the representative to attend the meetings of the Council.

(4) In the Council, with one vote each, only the members of the Council present pursuant to Section 42 (2) of the TSchG are entitled to vote and the alternates are entitled to prevent them from voting. The chairman has an application-but no voting rights. The advising additional experts have neither the right to request nor the right to vote. The chair, who is the chair in the absence of the chairman, is only entitled to vote if he/she is a member of the Council according to § 42 para. 2 TSchG (German TSchG).

Role

§ 2. (1) The role of the Council shall include the matters referred to in § 42 (7) and Section 24 (2) of the TSchG.

(2) The Federal Ministry of Health may request the Council or individual members of the Council to draw up a short-term expertise in a specific field of expertise.

Rights and duties of Members

§ 3. (1) Each member shall have the right to table a agenda item for the next Council meeting no later than twenty-one days before the Council meeting (the date of arrival at the Council's office). This request shall be in writing and shall include a justification. The application can also be made by fax or by way of automation-supported data transmission (e-mail).

2. Each member shall have the right to deliver an opinion at each meeting on matters relating to the agenda.

(3) Each member is obliged to conscientiously and objectively within reasonable and reasonable time limits in the performance of the tasks assigned to the Council in accordance with Section 42 (7) of the TSchG (TSchG), in accordance with the objective and time-limits laid down by the Council. to be properly involved. An efficient and result-oriented way of working is to be taken into account.

Rights and duties of the Chairman

§ 4. (1) The Chairman shall represent the Council on behalf of the Federal Minister of Health by way of the office of the Federal Minister for Health to third parties. He/she may delegate this right in agreement with the Federal Ministry of Health to one of the powers he has authorized.

(2) The office shall assist the chairperson in the preparation of the meetings of the Council pursuant to § 8, in the case of circulatory decisions pursuant to § 10 (3) and (4) and in the preparation of the minutes according to § 11.

(3) The Chairman shall open, initiate and close the meetings in accordance with § 8 and shall process the application in accordance with § 6. It has the right, at its sole discretion, to arrange for resolutions of the Council pursuant to Section 10 (2) to be carried out by secret ballot. If at least three members call for a secret ballot, the chairman/chairperson shall comply with this requirement.

(4) The Chairperson shall, on behalf of the Office, immediately inform the Council of the recommendations of the Council, in accordance with the provisions of the Protocol and, where appropriate, further technical discussions, on behalf of the Federal Minister for Health. ,

(5) Without prejudice to any other rights and obligations laid down in these Rules of Procedure, the Chairman shall, in accordance with his/her own decision and in agreement with the Federal Ministry of Health, take all measures and measures to be taken by the chairperson of his/her own in order to ensure that the Council's legal tasks are fully complied with. He/she shall inform the Council on the occasion of the next meeting in each case (report of measures).

(6) In the event of prevention, the representative of the Federal Ministry of Health shall also take over the chairmanship of the Federal Ministry of Health pursuant to Section 42 (2) (2) (1) of the TSchG.

Office

§ 5. (1) The office of the Council according to § 42 para. 6 TSchG is composed of the employees of the Federal Ministry of Health who are responsible for animal welfare.

(2) The office shall carry out the following tasks:

1.		Preparation of the agenda with the support of the President of the Council
2.		Invitation and information of members
3.		Preparation and organisation of meetings of the Council
4.		Preparation of the seat protocol according to § 11
5.		Evidence of a list of all members and their alternates as well as the employees of the office
6.		Responsible for the supervision and updating of the animal protection council page on the homepage of the Federal Ministry of Health (www.bmg.gv.at)
7.		Forwarding of the reports on recommendations of the Animal Protection Council to the Federal Minister for Health, prepared by the Chairman pursuant to Section 4 (4)

(3) The office is signed "For the Chairperson".

(4) The members of the office shall be entitled to participate in the meetings of the Council. If they are not members of the Council, they do not have the right to request or vote.

(5) The Office operates a closed CMS of the Council (Content Management System = Docman), to which all members of the Council and their alternates, the chairperson and his/her deputite/s/her/her/her/her/her/her/her/her/her/her/her/her/her/her/ Access code issued by the Office of the Office.

Attachment to the animal welfare council

§ 6. (1) From abroad to the Animal Welding Council pursuant to § 42 paragraph 6 of the German TSchG (TSchG), the chairperson shall forward to the chairperson/s for information or for processing.

(2) The contents of these documents and their possible duties shall be brought to the attention of the co-acting members of the Council at each meeting by the Chairman (s) (Postal Report).

(3) Written applications of members or of working groups shall be addressed to the chairperson (s) by the office of the office.

The agenda

§ 7. (1) The agenda shall be held by the office in conjunction with the Chairman of the Council, on the basis of the order of business pursuant to Section 41 (9) of the TSchG and the orders of the Commission pursuant to Section 41a (7) of the TSchG and to those of the members. requested items on the agenda.

(2) The agenda shall be broadcast in conjunction with the convening of meetings in accordance with Article 8 (1).

Council meetings

§ 8. (1) The convening of meetings of the Council shall be made in writing by the office of office, on behalf of the chairman, at least twelve days before the date of the meeting, with the announcement of the place, time and agenda. The invitation can also be sent by fax or by e-mail. Any documents may be made available directly to the members of the Council or through the CMS of the Council pursuant to § 5 (5).

(2) Ordinary meetings of the animal welfare council shall be held at least twice a year.

(3) The Federal Minister for Health may ask for the convening of a meeting. The convening of such extraordinary meetings shall be convened within one week. The sitting may not be scheduled at the earliest seven days after the convening.

(4) Two-thirds of the members of the Animal Welding Council may require the convening of a meeting on a particular matter. The request shall be made in writing at the office of the office and shall contain a justification. Such extraordinary meetings shall be convened within a period of three weeks. The sitting may not be scheduled at the earliest seven days after the convening.

Session Management

§ 9. (1) The Chairman shall give the floor in the meetings in the order of the reports, shall bring the word in accordance with Section 7 (2) (lit). a submitted requests to vote, summarythe results of the deliberations and formulate the decisions put to the vote.

The Chairman shall ensure that the activities of the Council are limited to the items on the agenda and that they are subject to objective and disciplined measures. In order to ensure this goal, the chairperson may call for the cause or order of the chair and, if necessary, interrupt their speech and remove the word. This shall not affect the voting rights.

(3) The Chairman may stipulate that the experts shall only be present during the treatment of the subjects to which they have been attached and shall leave the meeting before voting.

(4) If it appears necessary for the efficient handling of the discussion on a particular item on the agenda, the chairman and each member may submit a request for the discontinuation of the discussion. For the continuation of the same, the Council Decision is required with a simple majority of votes, and the speakers may be limited to a request for a speech per Member and speaking time.

Decisions of the Council

§ 10. (1) The Council has a quorum if it has been duly invited to the meeting and more than half of the members are present in accordance with Section 42 (4a) of the TSchG.

(2) The Council's decision requires the majority of the members present to vote. The decisions will be brought to the attention of the Federal Minister for Health on the path of the office.

(3) Decisions on opinions on draft opinions of regulations can be obtained in writing in a very short period of time in the circulation procedure. To this end, the draft regulation must be submitted without delay to all members of the Council by fax, by e-mail or after automatic e-mail notification in the CMS of the Council pursuant to Article 5 (5) with a reasonable period of time for comment. The Chairman will then assume the role of the rapporteur. He/she has to log the opinions of the members, to formulate the decision and to request it and to submit the adopted opinion to the Federal Ministry of Health in good time before the end of the evaluation period.

(4) In other matters, circulation decisions may be obtained even if the time limit is not long enough to deal with the facts in a meeting with a timely convening or the convening of an additional meeting. The documents must be submitted to all members of the Council without delay by fax, by e-mail or after automatic e-mail notification in the CMS of the Council pursuant to § 5 (5) with a reasonable deadline for comment. On the basis of the opinions received, a reasoned decision shall be submitted by the chairman and shall be sent to all the members of the Council on the same path and the consent or rejection thereof shall be renewed under renewed To obtain a reasonable period of time. Decision-making or rejection shall be notified to all Members in the same way as in the motion for a decision, and shall be rejected if there are written rejections of more than half of the members. Abstentions are deemed to be approved.

Session History

§ 11. (1) The outcome of each meeting of the Council shall be a result of at least the day of the meeting, the names of those present, the agenda, the results and the decisions.

(2) Any co-action of the Council shall be transmitted within eight weeks, but at least with the invitation to the next meeting, a copy of the Protocol, including as service for the members and the Chairman of the Council. if the protocol is placed in the CMS of the Council pursuant to Section 5 (5).

(3) The approval of the Protocol and any rectification shall be decided at the next meeting by an unconditional majority, in the light of the amendments tabled.

Working Groups

§ 12. (1) The Council may, by means of a decision on the targeted advice and processing of individual fields, set up permanent working groups, inter alia, on the following topics:

1.		Protection of livestock
2.		Protection of home, hobby and sports animals
3.		Protection of animals in the pet trade, in commercial livestock and on sale-related events subject to authorisation
4.		Animal welfare during transport
5.		Protection of wild animals and animals in zoos
6.		Animal protection promotion according to § 2 TSchG

(2) Additional ad hoc working groups with specific tasks may be set up for all questions arising in the Animal Protection Council.

(3) The working group leader (s) shall be a member of the Council. If the activity is associated with expenses which go far beyond the voluntary work as a member of the Council, the working group leader may, after prior clarification of the financial coverage with the Federal Ministry of Health to agree on an appropriate allowance for costs.

(4) As far as further costs are incurred by a working group, its financial coverage with the Federal Ministry of Health is also to be clarified.

(5) Each member and the chairperson shall have the opportunity to participate in working groups. Each permanent working group has at least one member in accordance with § 42 paragraph 2 Z 3 TSchG and one member according to § 42 paragraph 2 Z 4 TSchG belong. Experts can also be consulted on the working groups by decision of the working group.

(6) The provisions of these Rules of Procedure shall apply mutaly to the work in the working groups.

(7) Decisions of the working parties shall be submitted to the Council for decision-making. The Chairperson of the Working Party or a person previously identified by the Working Party shall take on the role of the rapporteur.

Public opinion, transparency and secrecy

§ 13. (1) The topics and decisions to be dealt with in the Council (decision-making protocols) are to be published on the homepage of the Federal Ministry of Health for each of them.

(2) The meetings of the Council and the working parties shall not be public. Personal data, operating data and the voting behaviour of the individual members are subject to secrecy.

Cost replacement

§ 14. If the costs are incurred by working groups or experts who have been associated with the activity, the cost of the approval of the Federal Minister of Health shall be subject to the cost of the agreement. A request for reimbursement of expenses is to be addressed in written form before taking up the job as an expert in the Federal Ministry of Health and has to contain a statement of reasons in addition to the preparation of the costs incurred. The adult costs are to be deducted from the original documents with the Federal Ministry of Health. The costs for the preparation of short expertises are to be agreed upon prior clarification with the office.

In-force pedals

§ 15. (1) This Regulation shall enter into force on 1 April 2011.

(2) With the expiry of 31 March 2011, the Rules of Procedure of the Animal Protection Council, BGBl, shall take place. II n ° 126/2008, as last amended by the BGBl Regulation. II No 360/2008, except for force.

Stöger