Advanced Search

Austrian Science Fund Amendment To 2015

Original Language Title: Wissenschaftsfonds-Novelle 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

110. Federal law amending the Research and Technology Promotion Act (Wissenschaftsfonds-Novelle 2015)

The National Council has decided:

The Research and Technology Promotion Act, BGBl. No 434/1982, as last amended by the Budgetaccompanied Act 2009, BGBl. I n ° 52/2009 and the Federal Ministries of the Federal Ministries of Law 2014, BGBl. I n ° 11/2014, shall be amended as follows:

1. § § 1 to 10 shall be replaced by the following § § 1 to 9c:

" Objectives

§ 1. The subject of this Federal Act is the promotion of scientific research and the development and development of the arts by the fund for the promotion of scientific research as well as the promotion of applied research, technological development and innovation in accordance with Section II.

Fund for the promotion of scientific research

§ 2. (1) In order to promote research which:

1.

the profit and extension of knowledge and the deepening of scientific knowledge, and

2.

is not aimed at profit,

a "Fund for the Promotion of Scientific Research" (in further consequence: "Science Fund"), which is based in Vienna, will be established.

(2) The Science Fund has its activities in accordance with the principles of public utility within the meaning of § § 34 et seq. of the Federal Tax Code (BAO), Federal Law Gazette (BGBl). No 194/1961. It is not profit-oriented, in accordance with the principles of effective orientation, and in particular also taking into account the objective of effective equality between women and men, transparency, efficiency and as faithfully as possible To give a presentation of the financial situation and to commit to objectivity, impartiality and transparency.

(3) The Science Fund has its own legal personality; it is entitled to lead the Bundeswappens.

Financing

§ 2a. In order to carry out its tasks, the Science Fund shall have:

1.

Grants awarded to him by the Federal Government for the implementation of measures for the fulfilment of the work programme (§ 3) in accordance with the funds provided for these purposes in the respective Federal Finance Act,

2.

Grants awarded to him by the Federal Government in order to cover the administrative expenses incurred by him in the fulfilment of the work programme (§ 3), in accordance with the funds provided in the respective Federal Finance Act,

3.

Charges for the provision of services to third parties,

4.

Revenue from contract contracts (§ 2b Z 5),

5.

other public or private benefits, and

6.

other revenue.

Tasks of the Science Fund

§ 2b. The tasks of the Science Fund are as follows:

1.

promotion of scientific research projects of individual or several natural or legal persons in any appropriate way;

2.

dedicated management of the funds infused to the Science Fund (§ 2a),

3.

Annual refund of a report on the activities of the Fund in the previous calendar year and on the situation of scientific research (§ 2), as well as the expected needs for the next calendar year, including a longer-term perspectives on the needs of scientific research, in particular with regard to their cultural, social, economic and environmental importance; the report is the Federal Minister for Economic Affairs and the Federal Minister for Economic Cooperation and Development (Bundesminister) for science, research and industry by 31 March of each year,

4.

to raise public awareness of the importance of scientific research and the development and development of the arts and their promotion, in particular through new forms of participatory communication,

5.

Carrying out research funding and carrying out programmes on a contractual basis in the name and on behalf of the federal government in accordance with separately available financial means or in the name and on the account of third parties, and

6.

Participation in joint European and international programmes and funding instruments within the scope of its activities, as well as on behalf of the respective Federal Minister responsible or the relevant Federal Minister.

Information and assistance

§ 2c. The institutions and the services of the Federal Government and of the Länder, the statutory representations of interest and the universities are required to provide the Science Fund with the information required for the fulfilment of its obligations, upon request. and to support it in terms of its effectiveness.

Supervision of the Science Fund

§ 2d. (1) The Science Fund will be supervised by the Federal Minister for Science, Research and the Economy in the course of its management and building. The oversight includes concern for the regularity of the management of the business and the maintenance of the proper aisle of the administration as well as the control of the building. The Supervisory Authority shall notify decisions of the institutions of the Science Fund which do not require their approval, if they are contrary to existing rules. In such a case, the institutions of the Science Fund shall act in such a way as to immediately establish the legal status corresponding to the legal opinion of the supervisory authority with the means legally required by them.

(2) The decisions of the institutions of the Science Fund shall be subject to the approval of the supervisory authority in the following matters:

1.

Annual accounts and annual estimates,

2.

Conclusion of legal transactions subject to a permanent or multiannual burden on the Fund, provided that such commitments are not

a)

can be covered by reflows of loan guarantees, or

b)

are covered by the other assets of the Fund; or

c)

in the framework of the work programmes referred to in § 3, and

3.

Multi-annual and work programmes (§ 3).

(3) The Supervisory Authority shall have the right to participate in the meetings of the Delegates ' Meeting and the Board of Trustees. The minutes of the meetings of the Supervisory Board, the Assembly of Delegates and the Board of Trustees are to be brought to the attention of the Supervisory Authority without delay. The supervisory authority shall, at its request, be required to submit the documents relating to the articles it has designated and to provide the information it wishes to provide. In particular, the Presidium of the Science Fund of the Federal Minister for Science, Research and the Economy has all the necessary measures to comply with the obligations of the Republic of Austria in accordance with EU state aid law. To provide reports, reports and information as well as the data necessary for the documentation and information to be carried out on time and in full. It shall enable the institutions or representatives of the Federal Government and the EU to review the supply of the funds and their use in such a way as to ensure that they are used, and shall cover all documents seven years from the end of the year of payment of the total To keep the funding available.

Programmes and Business Concept

§ 3. (1) The Science Fund, taking into account the objectives and principles of the whole-country research and technology policy, in particular the research strategies of the Federal Government, has adopted multi-annual programmes for the implementation of the Create tasks. The multi-annual programmes shall have a planning horizon of at least three years and shall be adjusted annually for the purpose of rolling multi-annual planning and operational programmes to be operationalised by annual work programmes. In the preparation and annual adaptation of the multiannual programmes, as far as possible, a vote shall be taken with the aid

1.

of the Austrian Research Promotion Agency (Österreichische Forschungsförderungsgesellschaft mbH) (§ 1 of the Austrian Research Promotion Agency mbH-Erdirectional Act, BGBl. I n ° 73/2004) and

2.

Other funding bodies supported by the Federal Government

.

(2) Participation in European and international programmes and funding instruments in accordance with Section 2b (6) of this Regulation shall be provided for in the annual work programme. The Science Fund is empowered to take decisions on the use of funds from the Science Fund for Projects pursuant to § 2b Z 6 within the competent body of the relevant European or international funding instrument.

(3) The programmes shall be submitted to the Supervisory Authority for approval. When approving the programmes, the supervisory authority has to coordinate with the Federal Minister for Transport, Innovation and Technology. The submission of the work programmes shall be carried out by 30 September each year. The multiannual programme shall be made available to the public and shall be forwarded to the President or President of the National Council for the information of Members.

Reporting

§ 3a. (1) In all matters falling within its scope under this Federal Act, the Science Fund shall, upon request, submit reports and proposals to the Federal Minister for Science, Research and the Economy. , and to make the necessary data available for the performance of their or their responsibilities, such as in particular to fulfil the planning, strategy and controlling tasks. The funding granted is in accordance with § 7 of the Research Organization Act, BGBl. No 341/1981, the Federal Minister or the Federal Minister for Science, Research and the Economy.

(2) The Science Fund shall make provision for the appropriate dissemination and exploitation of the results of the funded research projects, unless, for reasons of national defence or in accordance with § 13 of the Patent Law 1970, BGBl. No 259/1970, a secrecy or a publication is not appropriate with regard to the protection of trade secrets.

Exchange with other conveyors

§ 3b. The Science Fund must take appropriate measures to ensure that the exchange of information required for cooperation and coordination with the Austrian Research Promotion Agency (Österreichische Forschungsförderungsgesellschaft mbH) and others from the Federal Government and the Federal Republic of Germany ( Countries that are supported are guaranteed.

Experts

§ 3c. (1) In order to assess the individual funding applications, experts shall be required to use experts.

(2) In addition, in all other matters, such as strategic advice, experts may be consulted if this is appropriate in order to achieve the objectives set out in § § 1 and 2 (1).

Confidentiality

§ 3d. (1) The staff of the Science Fund, the members of the institutions and the experts shall be aware of the facts which they are aware of in the course of their work for the Science Fund and the secrecy of such funds. is committed to secrecy in the legitimate interest of a sponsoring agent or of a funding agent or of the Science Fund.

2. The persons referred to in paragraph 1 shall keep secret the facts which have become known to them in the performance of their duties, except in cases of official reporting or the display of criminal acts. Data may only be transmitted to third parties if federal legislation so provides, or if the person concerned has expressly and unequivocably agreed to the transmission.

(3) The obligations laid down in paragraphs 1 and 2 shall also apply after the end of the activity or the service relationship.

Resettlement of funding from the Science Fund

§ 3e. (1) On the occasion of the grant of a grant, the Science Fund has to reserve the right to replace a contribution or a loan that has not yet been repaid after dismissal, and both from the date of payment to the Fund. with three percentage points above the base interest rate, if:

1.

the Science Fund has been deceived or incomplete in the light of major circumstances; or

2.

the research project has not been carried out, or has not been carried out in good time, by a fault of the recipient or the recipient of the funding, or

3.

the promotion is used in violation of the law or the success of the project does not comply with conditions or conditions resulting from the fault of the recipient or the recipient of the funding, or does not reimburse any reports provided for or provided for in the project; or Evidence is not provided.

(2) The use of grants and loans in a dedicated way should be reviewed on a regular basis and after completion of the research project.

(3) Research equipment which was mainly purchased from non-refundable fund funds and the amount according to § 13 of the Income Tax Act 1988, BGBl. No 400/1988, shall be available for further research projects by the recipient of the funding or by the recipient after the conclusion of their research project or research project. Such equipment may only be sold with the consent of the Science Fund, the proceeds of which shall be deducted from the Science Fund. The Science Fund has an effective inventory programme to set up and operate. The further development of the funding of research equipment must be laid down in guidelines pursuant to § 8 (1) Z 4.

Bodies of the Science Fund

§ 4. (1) The institutions of the Science Fund shall be:

1.

the Assembly of Delegates (§ 5),

2.

the Board of Trustees (§ 6),

3.

the President or the President (§ 7),

4.

the Bureau (§ 8) and

5.

the Supervisory Board (§ 9).

(2) The occupation of organs shall, as far as possible, be considered as possible for the gender-parity occupation and for a balanced age structure.

(3) Unless otherwise determined otherwise, the institutions of the Science Fund shall decide by a simple majority. The organs of the Science Fund shall carry out their duties on the basis of a point of order pursuant to § 5 (1) (1) (1).

(4) The members of collegiate bodies shall not be bound by any instructions or orders in the exercise of this function.

(5) The staff of the Science Fund may issue instructions:

1.

the institutions of the Science Fund, and

2.

the members of such institutions, insofar as these members are based on the

a)

this federal law, or

b)

of the Rules

certain tasks have been assigned.

(6) In the case of contradicting instructions, the Bureau shall decide on matters relating to the Supervisory Board and in all other matters.

Remuneration

§ 4a. The members of the institutions referred to in § 4 shall be entitled to compensation for the necessary expenses and travel expenses. With the exception of the President's activities, of the President (Section 8a (1) (1)) and the Vice-President of the Commercial Office respectively the Commercial Vice-President (Section 8a (1) (2)), the activities of the organs of the Science Fund are honorary. The Federal Minister for Science, Research and the Federal Minister for Science, Research and the Economy has to provide for an appropriate allowance for the members of the Supervisory Board with a regulation.

Due diligence

§ 4b. (1) The members of the institutions referred to in § 4, the experts (§ 3c) as well as the employees of the Science Fund are obliged to perform their duties in a conscientious and impartial manner.

(2) The persons referred to in paragraph 1 of this article have themselves in the sense of § 7 of the General Administrative Procedure Act, 1991, BGBl. No 51/1991, to refrain from any activity and, in particular, to the extent to which they are members of the institutions referred to in § 4, not to participate in the votes.

3. The President or the President, as well as the members of the Bureau and of the Supervisory Board, shall, in addition to the duties referred to in paragraphs 1 and 2, have the duties assigned to them, sparingly, with the care of a regular entreprenter, In accordance with the provisions of § § 1299 f of the General Civil Code, JGS No. 946/1811, the company is responsible for the economic and practical implementation of the law.

Post-occupation of organs of the Science Fund

§ 4c. If members of the institutions of the Science Fund are leaving during a period of operation, new members shall be re-elected for the remainder of the term of operation in accordance with the provisions governing the appointment of the institutions.

Tasks and rights of the Assembly of Delegates

§ 5. (1) The tasks of the Assembly of Delegates are

1.

Decision-making on the rules of procedure for the Assembly of Delegates, the Board of Trustees and the Bureau at the request of the President or the President pursuant to Section 7 (1) Z 5,

2.

the resolution on the report pursuant to § 2b Z 3 at the request of the President or of the President pursuant to Article 7 (1) (5),

3.

the creation of a tripartity proposal for the function of the President or the President pursuant to Article 8a (2) (2) (2),

4.

consent to the re-election of the Bureau pursuant to Article 8a (4) and (5),

5.

the definition of the areas of research as well as the development and development of the arts in accordance with § 6a (2) (1), (1), (1),

6.

the election of the speakers and their alternates pursuant to Section 6a (2) (2) (2),

7.

the election of the members of the Supervisory Board pursuant to Section 9b (1) (1) (1)

8.

the election of her or her chairman and a deputy or deputy in accordance with Section 5a (5).

(2) The Assembly of Delegates and its members shall have the right, in the cases referred to in § 7 (1) (7) (7), within a period of fourteen days, unless the President or the President determines a longer period of time, to submit to the proposed submission of Working and multi-annual programmes as well as guidelines (§ 8 (1) (4)).

Members of the Assembly of Delegates

§ 5a. (1) The Assembly of Delegates shall be members as voting members:

1.

one representative or one representative in § 6 of the University Act 2002, Federal Law Gazette (BGBl). I n ° 120/2002, mentioned universities,

2.

a representative or a representative of the Austrian Academy of Sciences,

3.

a representative or a representative of the AIT Austrian Institute of Technology GmbH,

4.

a representative or a representative of the Danube University Krems,

5.

a representative or a representative of the Institute of Science and Technology-Austria,

6.

a representative or representative of the Ludwig Boltzmann Society,

7.

a representative or a representative of the Austrian University of Applied Sciences Conference,

8.

a representative or a representative of the Austrian High School and High School of Student Affairs,

9.

a representative or a representative of the Austrian Private University Conference and

10.

a representative from the field of non-university research, who was appointed by the Federal Minister for Transport, Innovation and Technology, or by the Federal Minister for Transport, Innovation and Technology.

(2) The Assembly of Delegates shall be deemed to belong to members who are not entitled to vote:

1.

a representative, or a representative appointed by the Federal Minister for Science, Research and the Economy,

2.

a representative or a representative appointed by the Federal Minister for Transport, Innovation and Technology, or by the Federal Minister for Transport, Innovation and Technology,

3.

the members of the Bureau (Section 8a).

(3) The representatives referred to in paragraph 1 shall be sent for four years in each case. For each of these members of the Assembly of Delegates, a Deputy or Deputy shall be sent for four years. Any ordinary or alternate member may exercise his/her function only by two successive periods of operation; the re-dispatch for a later operating period shall be permitted.

(4) The representatives of the universities referred to in paragraph 1 (1) 1 shall have one to three votes, depending on the size of the universities. The weighting of votes shall be laid down in the Rules of Procedure.

(5) The Assembly of Delegates shall elect from its members, in accordance with para. 1, a chairperson or a chairperson and a deputy or a deputy.

Task of the Board of Trustees

§ 6. The task of the Board of Trustees is to decide on the promotion of research projects.

Members of the Board of Trustees

§ 6a. (1) The Board of Trustees

1.

as voting members:

a)

the members of the Bureau (Section 8a), with the exception of the Commercial Vice-President or Vice-President of the Commercial Office,

b)

the speakers and

2.

as a non-voting member, the Commercial Vice-President or the Vice-President of the Commercial Commission.

(2) The speakers shall be elected as follows:

1.

The function of the speakers is to be publicly issued by the Executive Committee, after defining the areas of research as well as the development and development of the arts by the Assembly of Delegates in accordance with § 5 paragraph 1 Z 5.

2.

On a proposal from the Presidium, the Assembly of Delegates (§ 8 paragraph 1 Z 2 lit. c) to select from the applications submitted in accordance with Z 1 the required number of speakers and their alternates.

(3) The speakers shall be elected for three years in each case. For each of these members of the Board of Trustees, a Deputy or Deputy shall be determined equally for three years. Any ordinary or alternate member may exercise his/her function only by three successive periods of operation, and the re-election for a later period of operation shall be permitted.

(4) In the election of speakers, it should be taken into consideration that the number of a total of 30 is as far as possible not exceeded. Exceedances are permitted exceptionally if necessary to ensure a careful decision on the promotion of research projects in the established scientific disciplines.

(5) The speakers shall not be members of any other institution of the Science Fund.

(6) The President or the President

1.

invites to the meetings of the Board of Trustees on the basis of appropriate decisions of the Bureau and

2.

is chaired by the Board of Trustees.

In the event of her or her prevention, she or she shall be represented by a scientific vice-president or a scientific vice-president.

Duties of the President or of the President

§ 7. (1) The duties of the President or of the President shall be

1.

the Representation of the Science Fund,

2.

the conclusion of employment contracts for the Science Fund;

3.

the report to the Supervisory Board, if the Commercial Vice-President or the Commercial Vice-President is overruled in commercial matters (Section 8 (4)),

4.

the convening of the Board of Trustees pursuant to Section 6a (6),

5.

the application to the Assembly of Delegates in the matters of § 5 (1) (1) (1) and (2),

6.

the implementation of the decisions of the Assembly of Delegates, the Board of Trustees and the Supervisory Board,

7.

the information of the Assembly of Delegates on the planned submission of working and multi-annual programmes as well as guidelines pursuant to § 8 (1) Z 4, whereby the Assembly of Delegates as well as its individual members will have a fourteen-day deadline for the If the President or the President of the Commission, the President shall not be given a longer period of time,

8.

Chairmanship

a)

in the Board of Trustees (Section 6a (6)) and

b)

in the Bureau (Section 8 (2)) and

9.

the management of the office (§ 8c).

(2) The President or the President may be represented by a member of the Bureau in individual or all matters.

Duties of the Bureau

§ 8. (1) The duties of the Bureau shall be:

1.

the call for tenders for the function of the speakers pursuant to Article 6a (2) (1) (1),

2.

the drawing up of proposals for

a)

the report in accordance with Section 2b (3),

b)

the multi-annual and work programmes referred to in § 3 and

c)

the election of the speakers pursuant to § 6a (2) (2) (2) (2),

3.

decision-making in all matters which are not expressly reserved for another body of the Science Fund;

4.

Decision-making on guidelines for funding programmes of the Science Fund; and

5.

Regular reports to the Federal Minister for Science, Research and the Federal Ministry of Economics and Research.

(2) Unless otherwise provided in this Federal Act or in the Rules of Procedure, the Bureau shall act as a collegiate body under the chairmanship of the President or President.

(3) The Commercial Vice-President or Vice-President of the Commercial Vice-President shall be responsible for the commercial and administrative tasks and shall, at the very least, withhold the following tasks:

1.

To arrange for the electronically signed publication of the guidelines referred to in paragraph 1 Z 4 on the websites of the Federal Minister for Science, Research and Economy and of the Science Fund,

2.

the establishment of a participation and financial controllings in accordance with § 67 (2) of the Federal Budget Act 2013, BGBl. Regulation (EC) No 139/2009,

3.

the information of the Supervisory Board, at least quarterly, on:

a)

all relevant issues of planning, risk and risk management,

b)

the monitoring of compliance with the rules applicable to the Science Fund;

c)

significant changes in the economic environment for the Science Fund; and

d)

any deviation from the plans and objectives set out, giving reasons,

4.

the preparation and presentation of the Corporate Governance Report according to § 9 paragraph 1 Z 2 lit. c together with the annual financial statements to the Supervisory Board as well as

5.

the publication of the provisions of Section 9 (1) Z 2 lit. a to d as well as g approved documents on the Internet, whereby in the context of the corporate governance report data on the remuneration of members of the Bureau and the Supervisory Board only after the consent of the parties concerned (§ 4 Z 14 of the Data Protection Act 2000, BGBl. I n ° 165/1999), whereas the following data should be published in any case:

a)

the name and year of birth of the members of the Bureau;

b)

Start of the first and end of the current term of office for all members of the Bureau,

c)

Distribution of competences between the members of the Bureau and

d)

Membership of the individual members of the Bureau in monitoring bodies of other companies.

(4) Apart from commercial tasks entrusted to the Commercial Vice-President or the Commercial Vice-President responsible for his own responsibility within the meaning of paragraph 3, it is necessary to ensure that the decision-making process in the any other commercial matters shall be carried out by at least two members of the Bureau, one of which shall be the Vice-President of the Commercial Office or the Vice-President of the Commercial Office. If in these cases the Commercial Vice-President or the Commercial Vice-President is overruled, the President shall, within four weeks, report to the Supervisory Board in writing.

(5) In the event of a tied vote, the President or the President shall have the vote.

(6) The members of the Bureau shall be obliged to arrange the transactions entrusted to them with the care of a regular entrepre.

Members of the Bureau

§ 8a. (1) The Bureau shall consist of:

1.

The President or the President (§ 7),

2.

A Commercial Vice-President or a Commercial Vice-President, and

3.

Three scientific vice-presidents.

(2) The members of the Bureau shall be elected as follows: order:

1.

The functions of the President and of the Vice-Presidents shall be issued by the Supervisory Board.

2.

The Assembly of Delegates shall draw up a tripartite proposal for the function of the President or of the President from the applications submitted in accordance with Z 1.

3.

The presidential candidates in accordance with Z 2 have three nominees from the applications submitted in accordance with Z 1 for the function as vice-presidents or vice-presidents (para. 1 Z 3). The candidates for the function of the scientific vice-presidents or vice-presidents

a)

together with the presidential candidate, or the presidential candidate, form the election proposal and

b)

shall be accompanied by a number of nominations.

4.

The Executive Board, with the exception of the Commercial Vice-President or Vice-President of the Commercial Code, shall be elected by the Supervisory Board in secret ballot with a simple majority from the election proposals in accordance with Z 3.

5.

The Supervisory Board, after hearing the President elected pursuant to Z 4 or the President elected pursuant to Z 4, has the Commercial Vice-President or the Commercial Vice-President in accordance with the provisions of the Recruitment Act, BGBl. I No 26/1998.

(3) The members referred to in paragraph 1 shall be elected for a period of four years, respectively. to order. The functions referred to in paragraph 1 (1) (1) and (3) may only be exercised by two successive periods of operation; in such cases, re-election shall be permissible for a later period of operation. For the function referred to in paragraph 1 Z 2, the re-election shall be unrestricted.

(4) If the President-in-Office or the President-in-Office is aware of her or his interest in re-election prior to the invitation to tender of the function, the re-election may be

1.

of the President or of the President (para. 1 (1) and

2.

of the Vice-Presidents proposed by the President or the President for re-election (para. 1 Z 3)

without a call for tenders, if the Assembly of Delegates and the Supervisory Board agree with three-quarters majority.

(5) If the acting Vice-President in office or the acting commercial Vice-President is aware of her or his interest in re-election prior to the invitation to tender for the function, the re-election may, without invitation to tender, be re-elected, but after Consultation of the President or of the President shall take place if the Assembly of Delegates and the Supervisory Board respectively agree with three-quarters majority.

(6) All functions not proposed for re-election pursuant to paragraph 4 (2) 2 and all the functions referred to in paragraphs 4 and 5, which have not received the required three-quarter majority in the re-election, shall be selected in accordance with para. 2, respectively. order.

(7) Only persons may be proposed as members of the Bureau to:

1.

possess the knowledge, skills and professional experience required for the proper performance of the tasks, and are able to perform the duties of a member of the Bureau,

2.

hold responsible positions, particularly in the fields of science, culture or the economy, and

3.

can contribute to the achievement of the objectives and tasks of the Science Fund on the basis of their excellent knowledge and experience.

(8) The following persons shall not be members of the Bureau:

1.

the members

a)

by other bodies of the Science Fund, with the exception of the President or the President of the Science Fund,

b)

Council bodies responsible for research and technology development,

c)

of the Science Council,

d)

of organs of the National Foundation for Research, Technology and Development,

e)

the Federal Government or any State Government, the National Council, the Federal Council, or any other general body of representation,

2.

Functionaries of a political party,

3.

Persons who are one of those in Z 1 lit. e or Z 2 have exercised functions over the last four years,

4.

persons who have been convicted of a criminal offence which has been convicted of judicial proceedings and which calls into question their professional reliability; and

5.

Persons who already carry out six or more Supervisory Board mandates.

Convening of members of the Bureau

§ 8b. (1) The Supervisory Authority or the Supervisory Board shall convene members of the Presidium if there is an important reason for this, such as in particular:

1.

gross breach of duty, or

2.

Inability to be properly managed or

3.

an exclusion ground pursuant to Section 8a (8),

where the supervisory authority is to be informed and the supervisory board has to decide.

(2) The disbursements to be paid by the Bureau when leaving the Bureau shall only be paid if the departure is not to be represented by the Member of the Bureau. In any case, disbursements shall not exceed two annual total remuneration and shall not exceed the remaining term of the employment contract.

Office

§ 8c. The Bureau shall be responsible for the handling of all the business of a Secretariat whose management is the responsibility of the President or the President. More detailed rules of procedure shall be adopted.

Tasks of the Supervisory Board

§ 9. (1) The tasks of the Supervisory Board are:

1.

monitoring

a)

compliance with the principles of legality and effective orientation, including in particular the objective of effective equality between women and men, transparency, efficiency and as faithfully as possible Presentation of the financial situation in the decisions of the Bureau,

b)

compliance with the provisions of this Federal Law,

c)

the business development of the Science Fund,

d)

the risk management of the Science Fund,

e)

the implementation of the decisions of the Supervisory Board and

f)

compliance with the reporting obligations to the Supervisory Board,

2.

Decision-making on

a)

the annual accounts,

b)

the annual estimate;

c)

the Corporate Governance Report,

d)

the multi-annual programmes and annual work programmes referred to in § 3 and their amendments,

e)

an adequate allowance for the scientific vice-presidents and vice-presidents, as well as the speakers and speakers of the board of trustees,

f)

the rules governing the law of the President or the Vice-President of the President of the Commission, the Vice-President of the Commission or the Commercial Vice-President,

g)

the Rules of Procedure of the Supervisory Board;

h)

the remuneration of the necessary expenses and travel expenses, and

i)

the definition of risk management and investment guidelines,

3.

consent

a)

on the acquisition and disposal of participations (§ 228 of the German Corporate Code [UGB], dRGBl. 219/1897) as well as the acquisition, sale and decommissioning of undertakings and undertakings,

b)

the acquisition, sale and loading of real estate, in so far as this is not part of the ordinary business operations,

c)

on investment which, in the Rules of Procedure of the Supervisory Board, exceed certain acquisition costs in the individual and in total in a financial year,

d)

for borrowing, lending and lending, which exceed, in detail, an amount determined in the rules of procedure of the Supervisory Board and, in total, in a financial year,

e)

for the granting of loans and loans, in so far as it is not part of the ordinary business operations,

f)

the recording and abandonation of business branches,

g)

laying down general principles of business policy,

h)

on the conclusion of contracts with members of the Supervisory Board which, outside of their activities on the Supervisory Board with respect to the Science Fund or any subsidiary subsidiary (Section 228 (3) of the UGB), are committed to performance against a non- Only a small amount of remuneration. This also applies to contracts with companies in which a member of the Supervisory Board has a significant economic interest,

i)

the Rules of Procedure of the other institutions and

j)

on the re-election of the Bureau pursuant to Article 8a (4) and (5),

4.

the tendering of the functions of the President or of the President and Vice-Presidents,

5.

the choice

a)

of the Presidium from the nominations pursuant to Section 8a (2) (4) and (4)

b)

the other member of the Supervisory Board pursuant to Section 9b (1) Z 4,

6.

the order

a)

the Commercial Vice-President or Vice-President of the Commercial Office, after consulting the President or the President pursuant to Article 8a (2) (5) and (2) (2) (c)

b)

an auditor or auditor,

7.

the convening of members of the Bureau or of the entire Bureau pursuant to Section 8b,

8.

the representation of the Science Fund in the performance of legal transactions with the Bureau or members of the Bureau, and

9.

the information of the Federal Minister for Science, Research and the Economy on conflicts of interest of members of the Supervisory Board and their treatment.

(2) The Supervisory Board shall not intervene in scientific valuations of the Board of Trustees through its activities.

(3) Members of the Supervisory Board and the Presidium may require the Chairman or the Chairman of the Supervisory Board to convene the Supervisory Board without delay, stating the purpose and the reasons. The meeting shall take place within two weeks of the convening.

(4) If a request made by at least two members of the Supervisory Board or by the Commercial Vice-President or the Commercial Vice-President is not complied with, the applicant shall be entitled to: of the facts of the case to the Supervisory Board.

(5) In the event of a tie, the voice of the chairman or the chairman shall indicate the rash.

Meetings of the Supervisory Board

§ 9a. (1) The meetings of the Supervisory Board shall be annexed to the deliberations of the Supervisory Board:

1.

the Chairman of the Supervisory Board of Österreichische Forschungsförderungsgesellschaft mbH as well as

2.

The President of the Christian Doppler Research Society.

(2) The meetings of the Supervisory Board shall be held at least on a quarterly basis.

(3) The formation of committees is admissible. If matters relating to section 9 (1) (8) (8) are dealt with by a committee, the chairman of the supervisory board shall also be responsible for the chairmanship of the committee.

Members of the Supervisory Board

§ 9b. (1) The Supervisory Board consists of ten members, with the following:

1.

four members are elected by the Assembly of Delegates,

2.

three members are sent by the Federal Minister or the Federal Minister for Science, Research and the Economy,

3.

a member of the Federal Minister of Transport, Innovation and Technology will be sent,

4.

a member of the eight members according to Z 1 to 3 is elected and

5.

a Member who has to be the Chairman of the Works Council of the Science Fund, or a representative posted by the Works Council, or a representative appointed by the Works Council.

(2) Comes within six weeks

1.

by choice or Posting of the eight members (para. 1 to 3) to no other member (par. 1 Z 4) or

2.

by choice or Posting of the nine members (para. 1 to 4) not to elect the Chairman or Chairman of the Supervisory Board,

the supervisory authority shall have a reasonable grace period. If the latter passes without any result, the Member pursuant to paragraph 1 Z 4 or the Chairman of the Supervisory Board or the Chairman of the Supervisory Board shall be appointed by the Federal Minister or the Federal Minister for Science, Research and Economic Affairs on the basis of a proposal from the Council for Research and Research To send technology development to create three-way proposal.

(3) As a member of the Supervisory Board pursuant to Section 1 (1) (1) to (4), only persons who have

1.

possess the knowledge, skills and professional experience required for the proper performance of the tasks and are in a position to perform the duties of a member of the Supervisory Board,

2.

hold responsible positions, particularly in the fields of science, culture or the economy, and

3.

can contribute to the achievement of the objectives and to the performance of the tasks of the Science Fund due to their excellent knowledge and experience.

(4) The following persons shall not belong to the Supervisory Board, where the Z 1 to 3 shall not apply to the Member pursuant to Section 1 (5) of the Annex:

1.

the members

a)

by other bodies of the Science Fund,

b)

Council bodies responsible for research and technology development,

c)

of the Science Council,

d)

of organs of the National Foundation for Research, Technology and Development,

e)

the Federal Government or any State Government, the National Council, the Federal Council or any other general body of representation,

2.

Functionaries of a political party,

3.

Persons who are one of those in Z 1 lit. e or Z 2 have exercised functions over the last four years,

4.

persons who have been convicted of a criminal offence which has been convicted of judicial proceedings and which calls into question their professional reliability; and

5.

Persons who already carry out six or more Supervisory Board mandates.

(5) The Supervisory Board shall elect from its members a chairperson or a chairperson and a deputy or a deputy, one or one of the two being a member of the Federal Minister for Science, or the Federal Minister for Science, To be a member of the research and business community and to have both the Chair and the Chair both on scientific competence and on entrepreneurial experience.

(6) The members referred to in paragraph 1 (1) (1) to (4) shall be elected for a period of four years respectively. to be sent. Each Member may exercise his/her function only through two successive periods of operation; re-election or Re-dispatch for a later operating period is permitted.

(7) At least 50 vH women shall be members of the Supervisory Board. In the case of an odd number of members, the calculation is carried out by calculating the number of members by a member and by determining the proportion of women required by that number.

Dismise of members of the Supervisory Board

§ 9c. The Supervisory Authority shall have to discontinue members of the Supervisory Board if there is an important reason for this, such as in particular:

1.

gross breach of duty, or

2.

Inability to be properly managed or

3.

an exclusion reason in accordance with Section 9b (4). "

2. § § 18 to 25 as well as § 27 with headline shall be deleted.

3. The title before § 26 reads:

"Exemption and fee waiving"

4. The following paragraphs 5 and 6 are added to § 29:

" (5) § § 1 to 10, § § 18 to 25 as well as § 27, together with the title in the version of the Budgetbegleitgesetz 2009, BGBl. I n ° 52/2009, will expire on 30 September 2015.

(6) § § 1 to 9c, the title of § 26, § 30 as well as § 31 in the version of the Wissenschaftsfonds-Novelle 2015, BGBl. I No 110/2015, with 1. October 2015, in force. "

5. § 30 together with the heading is as follows:

" Transitional provisions for the Science Fund-Novelle 2015

§ 30. (1) § 3e (3) in the version of the Science Fund-Novelle 2015, BGBl. I No. 110/2015, is only on grants, which are from the Science Fund after the entry into force of the Science Fund-Novelle 2015, BGBl. I Nr.110/2015, are to be applied.

(2) The institutions of the Science Fund responsible for the date of entry into force of the Science Fund Novelle 2015 shall carry out the business until the constitution of the new institutions in accordance with the provisions of paragraphs 3 to 8 below. The science fund novella 2015 does not affect the school-dreamy relations of these organ walters to the Science Fund.

(3) Functional periods based on the Research and Technology Promotion Act, in the version of the Budgetbegleitgesetz 2009, BGBl. I n ° 52/2009, do not apply as functional periods within the meaning of Section 5a (3), § 6a (3), § 8a (3) and § 9b (6).

(4) The term of the operating period of the pursuant to § 10 paragraph 1 in the version of the Budgetbegleitgesetz 2009, BGBl. 52/2009, appointed as a functional period of a Commercial Vice-President or a Commercial Vice-President, without any further requirements, until 31 August 2016.

(5) The period of operation of the Federal Law Gazette pursuant to Section 5a (1), as amended by the Budgetbegleitgesetz 2009, BGBl. 52/2009, the Supervisory Board has been extended, without further requirements, until the constitution of the new organ, but at the latest by 31. Jänner 2016.

(6) The Supervisory Board shall have up to 31. Jänner 2016 according to the provisions of this Federal Law in the version of the Science Fund-Novel 2015, BGBl. I No 110/2015, and the functions of the President and Vice-Presidents of the President and Vice-Presidents shall be issued in accordance with Section 8a (2) (1) (1) (1). Until 31 July 2016, the Supervisory Board shall elect the Executive Board in accordance with Section 8a (2) Z 4 and 5 respectively. to order.

(7) The Assembly of Delegates is within six weeks after the entry into force of the Science Fund-Novelle 2015, BGBl. I n ° 110/2015, to be constituted and to be ehestably the members of the Supervisory Board in accordance with § 5 paragraph 1 Z 7 in the version of the Science Fund-Novelle 2015, BGBl. I No 110/2015, to be elected. In addition, the Assembly of Delegates has held up to six months before the end of the period of operation of the Federal Law Gazette (BGBl) due to the previous § 8 in the version of the Budgetbegleitgesetz 2009. 52/2009, elected Bureau, but no later than 30 April 2016 in accordance with Section 5 (1) Z 3 in the version of the Science Fund-Novelle 2015, BGBl. I No 110/2015, to submit a three-way proposal for the function of the President or the President pursuant to Article 8a (2) (2) (2) (2) (2).

(8) This is due to the previous § 7 in the version of the Budgetbegleitgesetz 2009, BGBl. I n ° 52/2009, a Board of Trustees may be a member of the Board of Trustees from the entry into force of the Science Fund Novel 2015, BGB I n ° 110/2015, in accordance with § 6a in the version of the Science Fund-Novelle 2015, BGBl. I No 110/2015.

(9) Until the entry into force of the new Rules of Procedure of the Assembly of Delegates, the FWF Regulation on Voting Weights, BGBl, applies. II No 370/2004, on the basis of this provision.

(10) By way of derogation from § § 2d para. 2 Z 1, 8 para. 3 Z 4 and § 9 paragraph 1 Z 2 lit. a is an annual financial statements within the meaning of the third book of the UGB at the latest for the financial year 2019. For the financial years prior to this, a closure of the accounts within the meaning of § 5a (4) (lit) is also fulfilled. a this federal law, in the version of the Budgetbegleitgesetz 2009, BGBl. I n ° 52/2009, the requirements of § § 2d para. 2 Z 1, 8 para. 3 Z 4 and § 9 paragraph 1 Z 2 lit. a this federal law in the version of the Science Fund-Novelle 2015, BGBl. I No 110/2015. "

6. § 31 Z 5 reads:

" 5. with regard to § § 2 to 9c as well as 30 the Federal Minister for Science, Research and Economics with the exception of the individual Delegates appointments pursuant to § 5a (1) Z 10 as well as (2) 2 Z 2 and the individual Consignments of members pursuant to § 9b (1) (3), insofar as these are carried out in accordance with Z 7; "

Fischer

Faymann