154. Presentation of the Federal Chancellor concerning the amendment of the Rules of Procedure of the Federal Council

On the basis of Art. 37 (2) of the Federal Constitutional Law, the Annex the amendment to the rules of procedure of the Federal Council, adopted by the Federal Council on 18 December 2009.

Faymann

Annex

Article I

The Rules of Procedure of the Federal Council of 30 June 1988, BGBl. No 361/1988, as last amended by BGBl. I No 192/1999, is amended as follows:

1. § 7 (8) is renamed in paragraph 9 and the following new paragraph 8 is inserted:

"(8) The President's duties also include the preparation of a work plan for the meetings of the Federal Council, which shall be drawn up in advance for 12 months after consultation in the Presidential Conference."

1a. § 13a (1) the following sentence shall be added:

"All European Union institutions which are directly forwarded to the national parliaments of the Member States of the European Union on projects within the framework of the European Union are also the subject of the negotiation in the EU Committee."

Section 15 (1) reads as follows:

"(1) In order to support the parliamentary tasks and to concern administrative matters in the area of the bodies of federal legislation, the Parliamentary Directorate is convened, which is subject to the President of the National Council."

Section 16 (1) reads as follows:

" (1) Items of the negotiations of the Federal Council are:

a)			Legislative decisions (decisions) of the National Council;
b)			Projects referred to in Articles 23e and 23f B-VG, through which the competent members of the Federal Government to inform the Federal Council;
c)			Self-employed applications from federal councils;
d)			Templates of the Federal Government or its members;
e)			Reports by parliamentary delegations;
f)			Reports of the People's Office;
g)			Request to authorise the prosecution of persons for insulting the Federal Council;
h)			Self-employed requests from committees;
i)			Statements by the Federal Government or its members;
j)			Statements by the provincial authorities;
k)			Elections (election proposals);
l)			Questions (response to questions);
m)			Inputs (petitions). "

4. In § 16 para. 2, the citation shall be " 1 lit. h to j " through the citation " 1 lit. i to l " and the citation "§ § 37 (5), 57 (2), 59 (7), 60 (1) and (2) and 61 (1) and (3)" through the citation "§ § 37 (5), 38 (4), 57 (2), 59 (7), 60 (1) and (2) and 61 (1) and (3)" replaced.

5. In § 16 (3), the citation " 1 lit. a to f " through the citation " 1 lit. a to g " replaced.

6. In § 18 (1) the citation shall be " § 16 para. 1 lit. a to g and j " through the citation " § 16 para. 1 lit. a to h and l " replaced.

7. § 18 para. 2 reads:

" (2) A reproduction and distribution may be waited if the contents of these business items are brought to the attention of the Federal Councils in a different suitable manner. The President may, after consulting the Vice-Presidents, arrange for the reproduction and distribution to be maintained. In this case, however, the whole of the submission shall be laid down in the Parliament's Directorate for inspection. "

8. In § 19 (1) the citation shall be " § 16 para. 1 lit. a and c to f " through the citation " § 16 para. 1 lit. a and c to g " replaced.

9. In § 20 (4), the word order shall be deleted "or in state contracts" .

10. § 20 (5) reads:

" (5) Insufficiently legislative decisions of the National Council, the Rules of Procedure of the National Council, the dissolution of the National Council, a federal law, with which more detailed provisions on the preparation of the Federal Financial Framework Act, the Federal Finance Act and on the other financial management of the federal government is taken, a federal financial framework law, a federal financial law, a preliminary provision within the meaning of Article 51a (4) or a disposal on federal assets, the acquisition or conversion of a liability of the Federal government, the entry into or the transformation of a financial debt of the federal government or the approval of a federal clearance of accounts, the Federal Council shall not be involved. "

11. § 28 (4) reads:

" (4) If the chairman and the chairperson's deputies are prevented from attending a committee meeting, the oldest member present in his/her life, who is a member of a political group, shall be the oldest member of the committee present, who shall also be the chairman of the committee. Chairperson of the chair, appointed chairperson of the chairmanship. "

12. In § 29 para. 2, the citation shall be "§ 30 (4)" through the citation "§ 30 (5)" replaced.

13. In § 29, the following paragraph 4 is inserted after paragraph 3:

"(4) The committees may, by decision, require the presence of the head of an institution free of instructions pursuant to Article 20 (2) of the B-VG at the meetings of the committees and ask them for all matters relating to management."

14. In § 29, the previous paragraph 4 is renamed in paragraph 5 and reads as follows:

" (5) The members of the federal government and the secretaries of state shall be heard at any time, but without interruption of a speaker, on the subject of the negotiation in the context of the debate. The State Secretaries shall have this right in the absence of that member of the Federal Government to which they are attached or whose affairs they are exercising pursuant to Art. 78 (2) B-VG, as well as in the presence of that member in agreement with the latter. "

15. In § 30, the following paragraph 3 is inserted after paragraph 2:

"(3) Members of the National Council shall be entitled to be present as a listener in the negotiations of the committees."

16. In § 30, the previous paragraphs 3 and 4 shall be given the names 4 and 5.

17. In § 32 paragraph 2 lit. i will be the citation " § 55 (1) to (5) and (7) and (8) through the citation " § 55 (1) to (5) and (8) and (9) replaced.

18. § 37 (3) reads:

" (3) The members of the Federal Government and the Secretaries of State must be given the floor at any time, but without interruption of a speaker, on the subject of the hearing in the context of the debate. The Secretaries of State shall have this right in the absence of that member of the Federal Government to which they are attached or whose affairs they exercise pursuant to Art. 78 (2) B-VG, as well as with the presence of that member in agreement with the latter. In addition, the members of the Federal Government and the Secretaries of State may, in accordance with § § 47 (7) and 50 (5), also demand the floor after the end of the debate or after the adoption of an application at the end of the debate. In these cases, the debate is deemed to have opened up. "

19. In § 37a, the following sentence is added in paragraph 2:

" In addition, in accordance with § § 47 (7) and 50 (5), they may also demand the floor after the end of the debate or after the adoption of an application at the end of the debate. In these cases, the debate is deemed to have opened up. "

20. § 42 together with the title is:

" Question Time and current hour

§ 42. (1) Each meeting of the Federal Council shall begin either with a Question Time or with an actuality hour. The President shall designate the sequence and the exceptions in the Presidential Conference after deliberation.

(2) The current hour is intended to hold a debate on subjects of general interest with the relevant Member of the Federal Government, the State Secretary attached to him or the Secretary of State, who is responsible for his affairs pursuant to Article 78 (2). B-VG. It may also be devoted to a debate on subjects of general interest in the field of competence of the European Union.

(3) Question Time and the current hour shall not normally exceed 60 minutes each. The President, in agreement with the Vice-Presidents, may extend the period up to 120 minutes in each case.

(4) The President shall, after deliberation at the Conference of Presidents, lay down the sequence of speeches and speaking time of the members of the Federal Council. "

21. § 43 (4) reads:

" (4) Applications as referred to in paragraph 1 are generally to be read by one speaker. In exceptional circumstances, the President may order the reading by a writer. When submitting large-scale applications in accordance with paragraph 1, the President may, in order to streamline the negotiations, have the reproduction and distribution to the members of the Bundesrat, provided that one of the underbuilt federal councils in its Explanations of the key points of the application have been explained orally. These applications are to be printed on the Stenographical Protocol. "

22. § 47 (7) reads:

" (7) The President has concluded the debate. This statement may only be made if no one is reporting on the question of whether the word is desired. In this case, any requests to speak shall also be admissible from the seat. At the end of the debate, speeches on the subject of the negotiations are inadmissible. If a member of the Federal Government or a State Secretary, a Governor of the State or a member of the People's Office of the People's Office, asks for the floor, the debate on the subject of the negotiations shall be deemed to be opened anew. "

(23) The following paragraph 8 is added to § 47:

" (8) The President may, after deliberation in the Conference of Presidents, lay down a divergent speaking order. These Rules shall be recorded in the Official Records. "

Section 50 (5) reads as follows:

" (5) After the adoption of an application at the end of the debate, a member of the Federal Government or, in accordance with Section 37 (3), a Secretary of State, a Governor of the State or a member of the People's Office shall request the floor, the debate shall be valid on the The subject of the negotiations is opened up again. "

25. § 52 (2) reads:

"(2) The members of the Federal Government, the State Secretaries, the provincial governors and the members of the People's Office shall, if they are given the floor in this capacity, shall speak of the Government Bank."

Section 53 (3) reads as follows:

" (3) The President shall not usually vote in votes. However, before announcting the outcome of a vote, he may, by means of an oral statement, exercise his right to vote. Participation in a secret ballot or in an election shall be exempted from the President. "

27. In § 55, the following paragraph 6 is inserted after paragraph 5:

" (6) The President, after consulting the Vice-Presidents, may order the holding of the roll-call vote by means of ballot papers. The ballot papers have the imprint "Yes" or "No", have the name of the member of the Federal Council and, depending on the "Yes" or "No", are to be produced in two different colours. The ballot papers must be cast in a common urn by each of the members of the Federal Council, which must be counted among the voting members. Anyone who is not present when the name is called shall not be allowed to cast a ballot afterwards. After the end of the vote, the written records shall be counted in the presence of the President. If the number of ballots cast is not in accordance with the number of federal councils which took part in the vote, the vote shall be repeated if the difference between the adoption or rejection of an application (proposal) could be of influence. The names of the federal councils that took part in the vote shall be included in the Stenographic Protocol indicating whether they have voted 'Yes' or 'No'. "

28. In § 55, the previous paragraphs "6" to "8" the names "7" to "9" .

29. § 58 (3) reads:

" (3) The decision on the approval of a decision of the National Council concerning a federal constitutional law or constitutional provisions contained in simple federal laws, which make it possible for the Länder to be responsible for legislation and enforcement of the law is restricted, to state contracts pursuant to Article 50 (1) (2) (2) B-VG, and to decisions of the European Council on a common defence (Art. 23f (1) B-VG) requires the presence of at least half of the federal councils and a majority of at least two-thirds of the votes cast. "

30. § 61 (2) reads:

" (2) The Member of the Federal Government interviewed or pursuant to Section 37 (3) of the Secretary of State shall, on the grounds of the request before the request, be obliged to enter into the debate either immediately orally, or an opinion on the subject matter. "

31. § 62 (5) reads:

" (5) Questions shall be submitted not later than 48 hours prior to the meeting in which they are to be called in to the Parliament's Directorate. If this day is not a working day, the last day of arrival shall be the date of the previous working day. Questions shall be forwarded immediately to the respondent. The President shall make exceptions to the President's deliberations in the Presidential Conference. "

32. § 63 (4) reads:

" (4) The requested member of the Federal Government or in accordance with section 37 (3) of the Secretary of State is obliged to answer oral questions as soon as it is called for reply. The answer must be as short and concrete as the request allows. If it is not possible for the respondent to obtain the information requested, he shall justify this in the answer. "

33. In § 64, the following subsection (2) is inserted:

" (2) For example, a part of the Official Protocol shall be deemed to have been approved at the end of the sitting if, on the basis of a written request from 5 Federal Councils, the President is required to make the envisaged version of the Official Protocol on individual items in accordance with of which the execution of which has been read out and, if any, objections to the text or the content of that part of the official protocol are to be leaned. A debate does not take place. "

34. In § 64, the previous paragraphs "2" to "7" the names "3" to "8" .

Section 66 (3) reads as follows:

" (3) The Enquets shall be accessible to media representatives, unless the Federal Council decides otherwise on the occasion of the decision-making on the holding of the Enquets. If the Federal Council decides to do so, the public shall be granted access in accordance with the territorial possibilities, with preference given to media representatives. "

Article II

This amendment to the Rules of Procedure of the Federal Council is 1. Jänner 2010 in force.