125. Federal law that modifies the register Census Act, the Federal law on the buildings and housing, the Federal Statistics Act 2000 and the E-Government Act
The National Council has decided:
Amendment of the register count Act
The register Census Act, Federal Law Gazette I no. 33/2006, is amended as follows:
1. in article 1, paragraph 1 the year replaces "2010" "2011" and in paragraph 2 the phrase "in the middle of a decade," first for the first time the year as of the date of October 31, 2015 by the phrase "respectively after the expiration of five years after a census referred to in paragraph 1," at the date of 31 October 2016.
2. in article 4, paragraph 1, no. 2 is inserted after the quote "1.13.1," the quote "1.13.2,"; in no. 4, the quote "1.13.2," does not apply.
3. in section 5, paragraph 1, the phrase is in the sentence "the baseline this" replaced by the phrase "basic data" and Nos. 1 and 2 are as follows:
Home address of principal residence
Address of the contact point of the homeless,
Date of birth
(Z 1.1, 1.4 to 1.7 of the plant)
in article 4, paragraph 1 Z 2 to 5 and 7 listed data holders;
the central authorisation evidence (§ 47 of the force driving Act 1967);
of the family aid register (section 46a of the equalisation Act 1967);
the central register of foreigners (§ 101 of the Aliens Police Act 2005);
the management information system (article 8 of the Basic Law of supply);
the asylum seekers information system (§ 54 of the asylum Act 2005);
the social welfare institution of the countries;
the service authorities and of taking out the service timer function administrative offices of the Federal and State Governments.
Address of the other residences,
Address of the previous principal residences,
Address of the later main residence
(Z 1.2 and 1.3 of the plant).
in § 4 para 1 Nos. 2, 4, 5 and 7 listed data holder.
4. § 5 par. 1 Z 7 is:
(Z 1.13.2, 126.96.36.199, 188.8.131.52, 1.13.13 of system).
in § 4 para 1 Nos. 2, 4 and 5-led data holders;
the service authorities and of taking out the service timer function administrative offices of the Federal and State Governments.
5. paragraph 5 paragraph 2:
"(2) the base data as a result of the comparison referred to in paragraph 1 seem incomplete, the Federal Agency has after clarification with the affected holders of administrative data as well as any survey of the persons concerned in accordance with paragraph 5 to complement the basic data for the census, as far as according to the investigations the lack of basic data on legal grounds or incomplete data collection is due, with the Federal Agency for this purpose also suitable estimation methods can operate using accepted statistical methods. To improve this estimation the Federal Agency has to consult the data associated with bPK-AS working and housing statistics."
6 paragraph 5 paragraph 4:
"(4) is in doubt as a result of the comparison referred to in paragraph 2 and 3 If a resident in the Federal territory is still upright at the date, has the Federal Agency for the purpose of residence analysis with the owners of the administrative data according to para 1 and article 4 the calendar date and the type of the last modification or addition of electronic data stock of those affected, to collect any data international and foreign asylum - or asylum status to the competent authorities. Is due to
they are 1 the length of time and the kind of modification or supplement in conjunction with the age of the persons concerned, the person concerned or 3. the survey of the persons concerned in accordance with paragraph 5 to assume 2. the cross-border or alien status, that they do not fall under the Group of persons referred to in article 3, paragraph 1, of the census to exclude."
7 the following records are attached in section 5, paragraph 6:
"The communities may raise a reasoned written objection against within three months. An affidavit of the person concerned, having established his main residence, in the relevant municipality can be connected to the opposition. The Federal Agency has your decision to correct, if the opposition is conclusive. Final decision-moderate decisions submitted with the appeal the civil status authorities of the birth and the death of persons, and the competent registration authority of main residence as of the survey date, however, are binding for the Federal Agency. She has the decision on the appeal in writing with the communities."
8. in article 6, para 3 to 8 get the paragraph titles (4) to (9); the following paragraph 3 is added:
"(3) the holder of the administrative data but does not on the technical requirements for the production of bPK by the master numbers register authority pursuant to section 10 para 2 E-GovG, have the social security number to the administrative data to be transmitted, so he has by the main Association of Austrian social insurance institutions to the individual social security numbers to obtain the encrypted bPK-AS. The Association has a such request without delay to comply. The holder of the administrative data linked the data subsequently to transmit encrypted bPK as the Federal."
9 the following sentence is added to the article 6 paragraph 8 (new):
"The transmission of data in accordance with § 4 para 1 No. 2 lit. b and c can be done by way of derogation directly Z 2 to the Federal Agency."
10. in § 7 para 4 is paragraph labeled (5); the following paragraph 4 is added:
"(4) persons who have no main residence on the date in the country, are taken into consideration when they at least 90 consecutive days had a primary residence before and after the date in Austria and less than 90 days between the task and the grounds of this principal residences in the determination referred to in paragraph 1. These people belong to that community, is the date of the justification or task of the main residence closer to the date; in the same long distance of one of the grounds of the main residence was carried out after the date."
11. the Z 1.13.1 of the system is as follows:
"1.13.1 employed (main activity and any other economic activities), inactive in the week and within the last five years prior to the effective date;"
12 the Z 1.13.2 the system is:
"1.13.2 profession, position in the occupation;"
13 Z 1.13.9 system is:
"1.13.9 unemployed, student, looking for an apprenticeship, other reservation status, availability, promise of setting, type/duration of the this site, located in training type/duration of the training, with or without benefits, exclusion period referred to in section 10 of the unemployment insurance Act 1977 - ALVG, BGBl. No. 609/1977, duration of unemployment."
Amendment of the Federal law on the buildings and dwellings
The Federal law about the building and apartment register (GWR Act), Federal Law Gazette I no. is 9/2004, how the following changed:
1. in article 1, paragraph 1, the word "Buildings and apartment" the word "Central" inserted before and added following paragraph 3 to 5:
"(3) also has the data of the register referred to in paragraph 1, relating to the respective community, as local buildings and apartment for purposes of management, research and planning to lead the Federal Agency for the communities.
(4) the Federal Agency has a separate database (energy pass) for the electronic registration of energy performance certificates in accordance with the following requirements to set up as a service provider of the countries and communities in the buildings and apartment:
1. the energy performance certificates can be registered with their data as described in section H of the system;
2. the issuer of energy performance certificates have access via the online application in accordance with article 5 for the purposes of the registration of energy certificates free of charge, if national rules provide for registration in this way;
3. national rules provide for the registration of energy performance certificates in a national database, the registry must be automated via the online application according to § 5 also in the energy database ID possible;
in the course of registration and data transfer is to generate the GWR number from the online application and to provide the exhibitors of energy passes directly through the online application, pursuant to section 5 or of the data bank of the country in accordance with no. 3 available for entry in the energy performance certificate as energy card number;
5. the exhibitors have access to the data of energy certificates issued by them, insofar as this is provided for under national rules.
(5) the following lump-sum reimbursement of costs and expenses is the federal compensation of costs for the installation and maintenance of energy database ID to provide:
1 of the Federal Ministry of economy, family and youth: a. in the calendar year 2010: 75.572 EUR for the creation;
b. in the calendar year 2010 and subsequent calendar years: 34.856 Euro annually for maintenance.
2. each country according to the number of its people in accordance with section 9, paragraph 9, of the fiscal equalization Act of 2008, BGBl. I no. 103/2007: a. in the calendar year 2010 the proportionate amount of 75.572 euro for the institution;
b. in the calendar year 2010 and subsequent calendar years the proportionate amount of 34.856 Euro annually for maintenance.
The annual lump sum in accordance with subpara 1 lit. b and Z 2 lit. b are subject to an annual valorisation according to the consumer price index published by the Federal 2005."
2. paragraph 2:
„§ 2. Mean in the sense of this federal law:
1 building: A standing with the ground in connection facility for its professional production, technical knowledge is required.
2. building: A building with at least two walls and a roof, which can be accessed by people and is intended to protect people, animals or things and that is separated from other such structures by free-standing construction and closed by a fire protection wall of the roof construction to the cellar. Such structures through their own development systems (Portal and stairwell) and supply and disposal systems are separated, each such part is a building (apartment blocks, double, group, or row houses).
3 outbuildings: A building not for residential purposes or setting specific multi-lane vehicle that is subordinate to another building located at the same site because of its nature, size, and its purpose (tool shed, garden shed, etc.).
4. apartment: A structurally completed, independent of transport considers that part of a building, which is appropriate according to its type and size, to serve the individual living needs of people.
Use unit: An independent Association of premises in buildings which serves other purposes as the satisfaction of housing needs.
6 address: Name a location of a plot (section A of the annex), a building (section B of the plant), apartment, or other use of unit (section (C) of the installation).
"7 construction: according to the building regulations of the Länder relevant measures to the construction, extension, alteration or demolition of buildings or structures."
3. paragraph 3 No. 3:
3. addresses of homes and other units of use (section C of the plant);
4. paragraph 3 No. 7:
7. Description of other use units (section G of the plant);
5. in paragraph 3, the point Z 9 is replaced by a semi-colon; following Z 10 is added:
10 description of energy performance certificates for buildings, apartments and other units of use (section H of the system).
6 paragraph 4 section 1:
"(1) the data for the registry referred to in article 3 are to collect in the following ways:"
1. the characteristics referred to in section A, B and C Z 1 of the system by extending the data of the Adressregisters in accordance with section 9a of the measurement law, BGBl. No. 306/1968;
2. the characteristics referred to in section C No. 2, section D Z 2 to 7 and 10, section E Z 1, 2 and 6, section F, and section G Nos. 1 and 5 of the system by procuring the municipalities, district administrations and State Governments, as far as these perception management data of article 118 para 7 B-VG, the tasks of the local construction police such data apply.
3. the characteristics referred to in point (D) Z 11 and section E Z 7 of the system by extending the data of the central login register according to § 16 Registration Act 1991, Federal Law Gazette No. 9 / 1992;
4. the characteristics referred to in section D Nos. 1, 8, 9 and 13 and section E Z 3 to 5 and 8, section G Z 2 to 4 and 6 of the system by use of administrative data to the municipalities;
5. the characteristics of the addresses of the places of work without building (§ 3 Z 8) by using data from registers pursuant to section 25a of the Federal Statistics Act 2000, Gazette I no. 163/1999, and through use of administrative data to the municipalities;
6. the characteristics referred to in section D Z 12 of the system, as well as the characteristics to the register of units pursuant to § 3 Z 9 through procurement of administrative data at the Federal Office for metrology and surveying;
7. the characteristics referred to in section H of the system by using the corresponding data of the energy card database (§ 1 para 4), unless national rules provide for the corresponding data for the energy performance certificate."
7. in paragraph 4 does not apply paragraph 3, receives the sales designation (3) the existing paragraph 4 and paragraph 3 (new) replaces the phrase "For the purposes referred to in paragraph 3" by the phrase "to the current supplement, modification and correction of the register".
8. in section 6 Z 2 is replaced in para 1 the phrase "Municipalities and district administrations" by the phrase "District administrations, municipalities and provincial governments"; Paragraph 2 reads:
(2) that article 4, paragraph 1 has data transmission in accordance with Nos. 4 and 5 by the communities to be made via the online application according to § 5.
9 paragraph 7:
"Section 7 (1) has the Federal Agency to give the communities a free online access to all data of in the local building and apartment register according to § 1 paragraph 3 to fulfil the tasks entrusted to them by law.
(2) also has free online access to the statutory duties of non-commercial character on the following data of the local buildings and apartment to give the Federal Agency upon request via the online application pursuant to section 5:
1. the countries on the communities of the country data in accordance with section A to H of the system;
2. the Federal Ministry of economy, family and youth on the data referred to in point B Z 1-3, 5-7, section C, section D, part E Z 1, 2, 4, 6 to 8, section F Z 1 to 3, 6, 7 (restricted to the data of section D, of the section of E Z 1, 2, 4, 6 to 8 and section G Z 1) , 3, 5 and 6 of the construction projects) and 8, section G Z Z 1, 3, 5 and 6 and section H Z 1 to 4, 6 to 25 of the plant;
3. the Federal Minister of health on the data referred to in section c, section D Z 1 to 3, 6, 10 and 12, section E Nos. 1 and 6, section F Z 1 to 3, 6, 7 (restricted to the data of the section D Z 1 to 3, 6, 10 and 12, section E Nos. 1 and 6, as well as the section G Nos. 1 and 5 of the construction projects) and section G Nos. 1 and 5 of the system and in accordance with § 3 Nos. 8 and 9;
4. the Federal Ministry of agriculture and forestry, environment and water management at the data in accordance with section A-Z 1 to 7 and 9, section B Z 1-3, 5-7, section C, section D Z 1 to 3, 5 to 10, 12 and 13, section E Z 6, section F Z 1 to 6 and 7 (restricted to the data of the section D Z 1-3) , 5 to 10, 12 and 13, of the section of E Z 6 and section G Z 5 of the construction projects) as well as section G Z 5 of the plant;
5. the Federal Minister of finance and the Central Association of social security institutions on the data referred to in point B Z 1, 3, 4, 6, 7, section D Z 2, 3, 5 to 7, 9 to 11, 13, section E Z 1, section F Z 1 to 6, 7 (restricted to the data of the section D Z 2, 3, 5 to 7, 9 to 11) , 13, of the section of E Z 1 and section G Z 1 of construction projects), Nos. 8 and 9 and section G Z 1 of the annex;
6. the central register on the data referred to in point (C) of the installation;
7. the exhibition energy certification legitimate data in accordance with section B Z 1, 3 and 7, and section C of the plant, as far as these data - notwithstanding the introduction sentence - for issuing energy performance certificates are required when such online access is provided according to national regulations.
(3) Z 1-Z cost with the establishment of the online access pursuant to para 2 5 additional evidence at the Federal implementation, this should be of the access should be established to replace the Federal."
10 paragraph 8:
„§ 8. The characteristic according to section F Z 4 and section H Z 5 of the plant must be Federal Statistics Act 2000 only part of local buildings and dwellings (§ 1 para. 3) after the occurrence of the conditions for the removal of the identity data in accordance with article 15, paragraph 1. The data of buildings, apartments and other units for use is to delete when it went down."
11. in article 11 shall be added following paragraph 6 and 7:
"I no. 125/2009, (6) § § 1 to 8 and the investment in its version of the Federal Act, Federal Law Gazette 1 January 2010 into force. The 2 and 4 listed features are Z in article 4, paragraph 1 to raise, if these apply from January 1, 2010, according to the national regulations in construction methods or by the municipalities under the assessment Act, BGBl. No. 148/1955, for the financial authorities to determine are. The municipalities have the characteristics of buildings, apartments and other use units that are already registered as at 31 December 2009 in the buildings and dwellings, only where to G of the plant in the version 1 January 2010 to adjust sections C, as far as applicable according to the national regulations in the construction process in the case in question or the municipalities under the assessment Act, BGBl. No. 148/1955 , have to charge for the tax authorities. For the countries in which the national provisions in accordance with section 1, paragraph 4 and article 7 para 2 is not yet in force are Z 7 January 1, 2010, by way of derogation the following applies until the entry into force of this Regulation:
1. the countries no online access in accordance with section 7 paragraph 2 is no. 1 and the person entitled to issue a certification no online access in accordance with section 7 para 2 No. 7 on the data of this country to admit;
2. the annual lump sum in accordance with § 1 para 5 No. 2 lit. a and lit. b. is the national regulations for the first time in the calendar year due, in which into force.
(7) If according to the national regulations in a country in construction methods are all characteristics in accordance with article 4, paragraph 1 to Nos. 2 and 4, the Federal Agency has to collect these characteristics, as far as they are not captured in the buildings and housing by questioning owners or property managers of the building in this country, apartments and other use units for the purpose of entering into the buildings and apartment. The Federal Agency has set up for this purpose of survey forms and to provide that the provision may also be taken by electronic means. The Federal Agency has to set any appropriate period to exchange the information according to the extent of the characteristics to be collected. In the survey, the Federal Statistics Act 2000 shall apply and there is obligation to supply information according to § 9 Z 1 leg. cit.. Basic book courts, tax authorities and municipalities are obliged at the request of the Federal Agency to assist in the identification and mapping of the owners and property managers to the buildings, apartments and other units of use. The survey is carried out within one year after the existence of the necessary data of owners and property management companies by the Federal."
12. the section (C) of the installation is as follows:
"C. characteristics of addresses of homes and other units of use:"
1. characteristics of the address of the building where the apartment or other use unit is located;
2. the door or top number in accordance with the national regulations or the further orientation within the building."
13 Z 7 to 10 of section D of the plant are:
"7th floor number and presence of a lift;
8. type of drinking water, electricity and gas supply; Sewage, water and waste disposal;
9 type of heating (heat supply, heat delivery system, type of the energy carrier), the hot water supply, type of hot water treatment, type of ventilation and energy performance factor.
10. the built-over area of the building as well as the areas serving different purposes in the building in square metres;"
14. in section D of the plant, the point in Z 12 is replaced by a semi-colon; following Z 13 is attached:
"13 square footage per floor average floor height, type of construction per floor and building height."
15. in section E of the system, the phrase "per floor" is appended in Nos. 1 and 2 each for the word "Apartment" and is no. 4 as follows:
"4 way of heating a House (heat supply, heat delivery system, energy sources), the hot water supply, type of hot water treatment and type of ventilation;"
16. in no. 7 of section E of the plant, the point is replaced by a semi-colon; following Z 8 is added:
"8 average ceiling height of the apartment per floor."
17. in section F of the plant be in no. 1 after the word "Apartment" the phrase "or other use unit" and no. 4 after the word "Client;" the phrase "Indicating whether the client is the owner of the plot;" inserted; Nos. 6 and 7 are:
"6 kind of section;
7. data in accordance with section D, E and G;"
18 the following sections G and H be added of the plant:
Characteristics of other use units: 1 area of the usage unit per floor.
2. equipment use unity;
3. type of heating (heat supply, heat delivery system, energy), kind of the hot water supply, type of hot water and type of ventilation;
4. legal relationship to the unit of use of;
5. type of use;
6 average ceiling height of the usage unit per floor.
Data of the certification:
1. characteristics of the address of the plot, of the building and/or the use unit, for which the energy performance certificate is created
2. type of building;
3. building area;
4. date of establishment;
5. Organization and name of the card creator;
6 date of issue, validity date;
7 GWR number (energy card number);
8 gross floor space, conditioned gross volume;
9 characteristic length (lc), medium heat transfer coefficient of the building envelope (the average U value);
10 climate data;
11 specific heat requirement based on the reference climate and the comparison to the labeling (energy efficiency);
12 specific heat requirement related to the climate of the site;
13 hot water heat;
14 specific outdoor air induced cooling requirements;
15 specific cooling requirements based on the climate of the site;
16 heating energy consumption for space heating;
17 heating energy consumption for water heating;
18 energy requirements for the air pumps;
19th energy demand for cooling;
20 energy requirements for lighting;
21. final energy requirement;
22 primary energy demand;
23 reference value for energy performance (class);
24 CO2 emissions;
"25 type of heating (heat supply, heat delivery system, energy), kind of the hot water supply, type of ventilation, air handling and cooling."
Amendment of the Federal Statistics Act 2000
The Federal Statistics Act 2000, Federal Law Gazette I no. 163/1999, as last amended by Federal Law Gazette I no. 92/2007, is amended as follows:
1. in the table of contents is the name of the section 25 "Business register" and the name of the 3 main piece "Advisory, economic Curia" and is the phrase "§ 25a. According to § 25 Register of statistical units"added.
2. in article 3, the point in Z 19 with a semicolon will be replaced; following Z 20 is added:
"Take 20: natural persons (E.g. free employees, freelance), legal persons, partnerships, persons and associations of persons with residence, ordinary stay, seat or management in Austria, who offer goods, works and services for remuneration of the general public or a specific group of people or the tasks in the general interest or income pursuant to § 2 para 3 Z 1 to 3 and 6 of the income tax Act 1988 - EStG 1988" ", Federal Law Gazette No. 400/1988, achieve and b. without residence, ordinary residence, seat or management in Austria, the income referred to in article 98, paragraph 1 Z 1 to 3 and 6 of the EStG 1988 achieve."
3. paragraph 4 section 5:
"(5) in so far as the regulations on the"freight for the producing area of ÖPRODCOM', the 'nomenclature of economic activities of ÖNACE", the"basic nomenclature of goods ÖCPA"and other nomenclatures of goods, services or companies referred to the classification he can reference competent Federal Minister according to § 8 to the appropriate directories and taxonomies that Statistics Austria for public inspection are set up and published on the Internet at the time of the adoption of the regulation by the Federal during office hours."
4. in section 5, paragraph 2, the phrase "of the register according to § 25 paragraph 3" by the phrase "of the register pursuant to § 25a" is in no. 4 and no. 7 of point replaced with a semicolon;. following Z 8 is added:
"8. generation of accounts."
5. in article 10, the phrase "the register pursuant to § 25" by the phrase 'the register pursuant to § 25a' is in paragraph 1 and in paragraph 2 the word "Online access" replaced by the word "Online access" and inserted the phrase "or an order pursuant to § 4 para 4" after the word "Empowerment" in the last sentence.
6. in article 10 the quote "§ 25 paragraph 3' by the quote"§ 25a"and in paragraph 4 and 5 is replaced in para 3 the phrase"the register pursuant to § 25"by the phrase"of the register pursuant to § 25a".
7 paragraph 15 paragraph 1:
"(1) data were collected personal data, are to eliminate the identity data of the person concerned without delay and to replace official statistics (bPK-AS) as soon as they are needed no longer, for the reasons referred to in article 5, paragraph 2 or for a more ordered statistical survey data of individuals with the sector-specific personal identifier. The Federal Agency must lead any records indicating which bPK-AS associate is which person. The identity data through the corporate code be replaced by non-reversible discharges from the code of the business register data by company (§ 25 para 1 No. 7) to make. This data may be used only for purposes in accordance with section 26."
8. in article 15, paragraph 2, the point Z 3 is replaced by a semi-colon, following no. 4 shall be added:
"4. in the case of § 5 para 2 Z 8 immediately after the data have been recorded in the national accounts calculations."
9. in article 15, paragraph 3 is after the quote "§ 5 para 2 No. 7" the phrase "or for revisions of calculations of the national accounts in accordance with § 5 para 2 Z 8" inserted.
10 paragraph 15 paragraph 5.
"(5) the personal data contained in the records referred to in sections 25 and 25a are immediately to delete, as soon as they are no longer needed for the purposes indicated in this policy, no later than 30 years after discontinuation of business property in accordance with section 3 Z 20."
11. in article 16, paragraph 1 and 3, the quote "§ 25 paragraph 3' by the quote"section 25a paragraph 3"will be replaced.
11A. Article 19 (1) first sentence reads:
"The organs of the Federal statistics are required, arranged (§ 4 para 1) and all other statistics as well as their concepts to make accessible definitions and explanations the public appropriately, provided by federal law or act pursuant to § 4 para 1 subpara 1 or treaty otherwise immediately."
12. in article 21, paragraph 1, the bracket expression is inserted after the word "Associations" (E.g. According to the classification of economic activities of ÖNACE pursuant to § 4 sect. 5).
13 paragraph 21 paragraph 2:
"(2) the indexing mapping of statistical units (companies, businesses, workplaces, other statistical units in accordance with section 25a) is to take on its own initiative or at the request of the institution referred to in paragraph 1 or of the legal entity of the statistical unit of the Federal and newly make changes of the facts relevant to the assignment or the laws relating to the indexing mapping. The technical conditions are met, the Federal Agency can corporate service portal of the company collect information about their main - and auxiliary handle questions, tell the indexing mapping (dialog method)."
14 § 21 para 5 No. 2 is:
"2. information on the facts relevant for mapping the relevant statistical unit."
15 paragraph 21 para 7 and 8:
"(7) the indexing assignment made by the Federal Agency will be effective:"
1. with the expiry of the period referred to in paragraph 4, if no petition to let moderate statement;
2. with withdrawing a request on time provided pursuant to paragraph 4;
3. with the communication of the Federal agency about the change of the classificatory allocation in accordance with paragraph 6 of the legal entity of the concerned statistical unit;
4. with the receipt of the written consent of the legal entity of the relevant statistical unit to the classificatory association with the Federal Agency.
(8) the Federal Agency has to keep a record about the classificatory mappings for conducting statistical surveys and for purposes in accordance with Nos. 1 and 2. She has the ÖNACE mapping of the main activities of the companies to submit upon request free of charge:
1. each given name and address and the number of, Association registration number or the VAT number, if a legitimate interest in the information is made credible
2. the Federal and Länder authorities, social security institutions and statutory interest groups with company name and address, as far as legally transferred duties is necessary to.
The transmission of data in accordance with no. 2 can be against replacement of each implementation costs by granting an online access to the register."
16 paragraph 25 together with the heading:
Section 25 (1) has the Federal Agency to lead a company registers with the following data as periodically amended, temporally layered data collection for purposes of administration and federal E-Government and to provide the institutions of the countries, communities, social security institutions and the legal interest groups for carrying out the tasks entrusted to them by law in accordance with paragraph 6:
1 identification of the company (eg name, name, legal form, beginning and end of entrepreneurial activity and company registration or ZVR-number, trade register number, order number in the supplementary register for other affected parties);
3. ÖNACE-code for main activities, as far as this was determined in accordance with section 21;
4. for legal entities, partnerships, persons and associations of persons according to the Statute authorized persons with their unique identity features according to § 2 No. 2 E-Government Act, Federal Law Gazette I no. 7/2004;
5. data sources features;
6 indicators in the regulatory process to uniquely identify of the units of the business register (E.g. tax number, VAT number, DVR number);
7 code of the business register, which is when the initial registration of the company by the Federal.
(2) following data and amendments (corrections, deletions) electronically through an interface defined by the Federal Office or through an online application provided by the Bundesanstalt are of the Federal Agency for inclusion in the register free of charge to transmit:
1. the data referred to in paragraph 1 a. the company to enter in connection with the exercise of entrepreneurial activity based on bundesgesetzlicher obligation in publicly viewable register (E.g. trade register, register of associations), publicly visible lists (eg list of medical associations) or the commercial register are Nos. 1, 2 and at most 4, by the competent registration authorities at the same time with the registration;
b. not under lit. a undertakings covered by the financial authorities of the Federation immediately after knowledge;
2. the data referred to in paragraph 1 No. 6 by the authorities responsible for the implementation of the respective procedure immediately after knowledge.
The Federal Minister of the Interior has the data referred to in paragraph 1 No. 1 to transmit 2 and 4 of all clubs listed in the register of associations of the Federal Agency for the purpose of finding the entrepreneurial status pursuant to § 3 Z 20 and transfer of the data of societies in which this property is attached to in the business register. The data of the clubs, not the property of the company to whom are immediately by the Federal agency after its determination to delete unless they admit are pursuant to section 25a in the register of statistical units.
(3) if the company is already registered in the company register, linked the transmission of data referred to in paragraph 2 to be done with the code number of the business register (para. 1); in the case of succession with the code number of the company whose rights and obligations has been entered, in the case of merger, split and conversion with and without universal succession with the figures of the undertakings concerned. At companies that are registered in the register of companies, the transmission of data has rather than to be with the code of the business register with the commercial register number.
(4) the Federal Agency has the transmitted Adressmerkmale before inclusion in the register on consistency with the addresses in the building and housing register (§ 1 GWR law) to check and, if necessary, to make the correction to the transmitting authority.
(5) the Federal Agency has the information referred to in paragraph 2 without more testing in the business register. Gets the Federal Agency at their missions to note that these data could no longer match the actual conditions, it has to inform the transmitting authority to review and possible correction.
(6) the Federal Agency has the facilities of federal, the countries, communities, social security institutions and statutory interest groups and in particular establishing the Federal Government, which is responsible for the operation of the corporate service portal for purposes of E-Government at their request to give online access to the data of the register of companies in accordance with paragraph 1 Z 1 to 5 and 7, insofar as this is necessary to legally transferred duties and this administrative-economic purposes. To the data referred to in paragraph 1 No. 6 must be granted access only the authorities responsible for carrying out the relevant procedures and of the institution responsible for the operation of the corporate service portal. Online access is free of charge with the exception of federal agency implementation costs for setting up this access."
17. According to § 25, 25a the following paragraph and heading shall be inserted:
"Register of statistical units
Section 25a. (1) the Federal Agency has a register of statistical units with the data of the register of companies in accordance with § 25 para 1 and with the following data of the companies, their businesses and workplaces and those legal entities, institutions, to lead working groups and research sites, which belong to the company register, not to impose their characteristics but for statistics (other statistical units), personal data for purposes of the statistics:
1. identification characteristics of farms and workplaces and belonging to the company and of other statistical units;
2. Adressmerkmale of the businesses, workplaces, and of other statistical units;
3. classification characteristics (E.g. ÖNACE-code);
4. data of employees of the company and of other statistical units;
5. employment data of establishments and workplaces;
6 sales and income sources of the company and of other statistical units;
7 unit type (E.g. companies, operating, workplace);
8. other stratification characteristics for sample drawings;
9 reference features to the data sources used for statistical purposes;
10 shipping and information features.
(2) following data and amendments (corrections, deletions) electronically through an interface defined by the federal or by way of an online application provided by the Federal Agency at the request of the Federal Agency for inclusion in the register are the Federal Agency to transmit without delay and free of charge:
1. the data referred to in paragraph 1 No. 4 of the main Association of social security institutions;
2. the data referred to in paragraph 1 No. 6 by the financial authorities of the Federal Government.
(3) the Federal agency may involve personal data from public registers, statistical surveys and administrative data to be transmitted in accordance with § 10 para 1 to this end to the creation, ongoing addition and correction of the data of the register. The persons who are required to report for one of the victims contained in these registers have to inform if this reasonable doubt and the rectification or completion not in any other way is possible in a timely manner on request of the Federal agency about the accuracy and completeness of the data contained in these registers.
(4) the Federal agency may use as needed for statistical purposes. the data of the register"
18 § 26 para 1 is as follows:
"(1) the Federal agency may, use divided if necessary trade statistics, the data related to section 15 paragraph 1 after removing the identity data with the bPK-AS or the company code in registers for creating statistics, evaluations, analyses, forecasts and statistical models in the context of the tasks referred to in sections 23 and 29. The data are immediately to delete when they are no longer needed for these purposes."
19. in article 28, paragraph 1, the quote "section 25 (4)" by the quote "section 25a paragraph 3" will be replaced.
20. in article 30, the following paragraph 1a is inserted:
"(1a) section 1 is - subject to § 19 para 1 - also for statistics pursuant to § 23 para 2, unless the contracting authority within two months after the statistics not even makes the publication."
20A. in article 31, paragraph 2 the phrase is
"and a saving of" by the phrase "means the reasonable way can be applied, and is a storage of personal" replaced.
21 in section 32, subsection 2 "transparent" is inserted after the phrase "Corresponding to accepted business principles,".
22 paragraph 32 subsection 6:
"(6) the Federal Chancellor has annually to provide following lump-sum for the federal compensation for the additional expenditure for the establishment and management of the business register in accordance with section 25:"
1. in the year 2010 in the amount of 1.380.000 euros, and in the years 2011-2013 amounting to 690,000 euros;
2. in the year 2014 in the amount of 350,000 euros, and in the following years, plus an annual valorisation of 3%."
23. "in article 32, paragraph 10 the" is inserted after the word the word "anyway".
24 in section 39 the word "May" replaces in paragraph 1 the word "September" by the word "June" and in paragraph 5 the word "November".
25 the following paragraph 5 is added to § the 47:
"(5) the statistics Council with the support of the Executive Board of the Federal Institute his recommendations to the work programmes and statistics an estimate of the majority expected to be associated or reduced costs to connect."
26. the 3 main piece along with headings is as follows:
"3. main piece of advisory, economic Curia
Advisory boards are section 63 (1) at the Federal Institute "Statistics Austria" of the professional head of the Federal agency according to the areas of expertise of the Federal statistics to build.
(2) the Advisory Boards consist:
1 from representatives of the professional concerned (Federal Chancellery, federal ministries, Court of Auditors, offices of provincial governments, Austrian National Bank, Austrian Federal Economic Chamber, Conference of the Presidents of the Chambers of agriculture in Austria, Federal Chamber of labour, Austrian Trade Union Federation, Federal Conference of the Chambers of the free professions, Austrian country day of Chamber of labour, Austrian cities and towns, Austrian Federation of municipalities);
2. from the required number of of relevant professionals standing in the professional life;
3. of the relevant members of the economy Curia drawn in each case to the meetings of the Advisory.
(3) the members referred to in paragraph 2 are sent by the concerned Z 1, who appoints members pursuant to paragraph 2 No. 2 of the professional head of the Federal Agency. For each Member is to appoint a replacement member or to send. The economy Curia members are appointed by the Federal Chancellor in the required number from the circle of particularly earned professionals of the economy. The competent Federal Minister and the Economic Chamber Austria have the right to submit proposals for this purpose.
(4) the membership of the Advisory Board and of the Curia of the economy ends by termination, death or by voluntary retirement. The dismissal of members (substitute members) in accordance with paragraph 2 No. 1 is carried out by the Home Office, the members referred to in paragraph 2 Z 2 by the Technical Director of the Federal Agency and the members of the Curia of economy by the Federal Chancellor.
(5) the professional head of the Federal agency or certain of it staff of Bundesanstalt leads the Chairman of the technical advisory boards.
(6) membership in the Curia of the economy and the trade advisory boards is a unbesoldetes volunteer no claim to reimbursement of expenses. The members of the Curia of the economy have the right to use the title "Kommerzialrat statistics" on the duration of the membership.
§ 64. task of the Advisory is the advice of the federal ministries, the organs of Federal statistics and the Federal Agency on technical issues of Federal statistics.
Firm shops, rules of procedure and thing needs
Section 65 (1) regarding the matter needs and the advisory firm transactions has to come up the Federal Agency.
(2) the detailed provisions concerning the composition of the advisory boards, as well as on the rules of procedure of the advisory boards has to adopt the Federal Chancellor regulation."
27 § 73 the following paragraph 7 is added:
"(7) § 3 Z 20, §§ 4, 5, 10, 15, 16, 21, 25, 25a, 26, 28, 30, 32, 39 and 47, and the 3 main piece as amended by Federal Law Gazette I no. 125/2009 1 January 2010 into force." In this context, the following also applies:
1. for the purposes of the initial filling of the registers in accordance with sections 25 and 25a, also the existing in the Federal Register of statistical units and the company data of the financial authorities of the Federation, which have to submit the Federal Agency on their request immediately, may be used.
2. the Federal Agency has to grant online access according to § 25 paragraph 6 the operator of corporate service portal to January 1, 2010;
The holders of administrative data according to § 25 paragraph 2 and section 25a paragraph 2 have at least the technical requirements for the transmission of data via the interface defined by the Federal agency or provided online application to create 31 December 2010;
4. the Federal Agency has no later than January 1, 2011 General to provide online access according to § 25 paragraph 6 available;
5. the regulation on the statistical Central Commission and advisory boards, Federal Law Gazette No. 31/1966, is on the advisory boards in accordance with section 65, paragraph 2;
6. the currently ordered members of advisory boards and the economic Curia considered ordered pursuant to article 63, paragraph 3."
Amendment of the E-Government Act
The E-Government Act, Federal Law Gazette I no. 10/2004, as last amended by Federal Law Gazette I no. 7/2008, modified as well as the by-laws Federal Law Gazette I no. 59/2008, is as follows:
1. in article 7, par. 2, first sentence, is after the word "Finance" the phrase "or the Federal Statistics Austria" inserted.
2. § 7 para 2 second sentence reads:
"The detailed rules on the resulting distribution of tasks between the data protection Commission as the authority and the Federal Ministry of the Interior and the Federal Ministry of finance or the Federal Statistics Austria as a service provider are governed by regulation of the Federal Chancellor after consultation with the data protection Commission in agreement with the Federal Minister of the Interior and the Federal Minister of finance."
3. in article 13, paragraph 2, the word is inserted after the word "Field" "is".