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Rules Of Procedure Of The Animal Protection Council

Original Language Title: Geschäftsordnung des Tierschutzrates

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126. Ordinance of the Federal Minister for Health, Family and Youth on the approval of a Rules of Procedure of the Animal Protection Council (Rules of Procedure of the Animal Protection Council)

According to § 42 (4a) of the Animal Protection Act, BGBl. I No 118/2004 Art. 2, as last amended by BGBl. I n ° 35/2008, on the proposal of the Animal Protection Council, the following:

Participation, application and voting rights

§ 1. (1) The members of the Council are the 31 members of the Council pursuant to Section 42 (2) of the TSchG, the Chairperson or in the event of the latter's prevention his deputy in accordance with Section 42 (4) of the TSchG, the employees of the office pursuant to § 5, as well as any accompanying persons who have been attached. additional experts referred to in paragraph 2.

(2) In order to advise individual tasks, in particular to provide expert advice to individual focal points of the tasks of the Council as well as to individual working groups (§ 12), further information may be provided by decision of the Council or by decision of the Chairman. Experts according to § 42 (4a) of the TSchG are to be attached.

(3) The respective alternates of the members of the Council, which have been appointed by the institutions pursuant to Section 42 (2) of the TSchG, shall participate in the meetings of the Council only in the absence of the representative member.

(4) Only the members of the Council present in accordance with Section 42 (2) of the TSchG and in the event of their prevention shall be entitled to vote in the Council with one vote each. The chairman shall have an application, but not a right to vote. The advising additional experts do not have an application and voting rights. The chairman, who is the chairman of the chair in the absence of the chairman, is only entitled to vote if he is also a member of the Council in accordance with Section 42 (2) of the TSchG.

Role

§ 2. (1) The role of the Council shall include the matters referred to in § 42 (7) and (10) and Section 24 (2) of the TSchG.

(2) In particular, the Council shall advise the Federal Minister for Health, Family and Youth on matters relating to animal welfare.

(3) In particular, the Council has the task of drawing up proposals for the promotion of an improvement in animal welfare in accordance with the state of science and technology.

(4) In addition, the Council may make recommendations for the implementation of Section 2 of the TSchG.

Rights and duties of Members

§ 3. (1) Each member shall have the right to place a specific matter on the agenda for the next meeting no later than twenty-one days before the Council meeting (date of arrival at the office of the Council). The application must be in writing and shall contain a justification. It can also be done by fax or by way of automation-supported data transmission (e-mail). The Chairman shall comply with this request.

(2) Each Member shall have the right to deliver an opinion at each meeting on matters relating to the agenda and to submit voting requests for amendments to the agenda.

(3) Each member is obliged, in the performance of the tasks set out by the Council in accordance with Section 42 (7) and (10) of the TSchG, to conscientiously and objectively within reasonable and reasonable time-limits, in accordance with the objective and time-limits laid down by the Council. to be properly involved.

Rights and duties of the Chairman

§ 4. (1) The Chairman shall represent the Council to third parties and to the public. It may transfer this right in agreement with the Federal Ministry of Health, Family and Youth to one of the powers conferred upon it. The Council may adopt other powers of representation for certain substantive issues.

(2) The Chairperson shall assist the office in accordance with § 5 in the preparation of the meetings of the Council pursuant to § 8, in the case of the orbidiary decisions pursuant to § 10 (3) and (4) and in the preparation of the minutes according to § 11.

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

(4) The Chairperson shall, on behalf of the Executive Office, immediately, if necessary in the settlement of the Protocol and, where appropriate, further expert discussions, the Federal Minister for Health, Family and Youth, shall make the recommendations of the Council: ,

(5) Without prejudice to the rights and obligations laid down in other paragraphs of these Rules of Procedure, the Chairperson shall, in accordance with its own decision and in agreement with the Federal Ministry of Health, Family and Youth, take all measures to: and to carry out and implement it for the efficient performance of the legal tasks of the Council. It shall inform the Council on the occasion of the next meeting in each case (report of measures).

(6) In the event of the avoidance of the deputy, the member shall take over the chairmanship in accordance with Section 42 (2) Z 1 of the TSchG.

Office

§ 5. (1) The office of the Council according to § 42 (6) shall be composed of the staff of the Federal Ministry of Health, Family and Youth who are responsible for animal welfare.

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

1.

Support of the Chairman

2.

Information of Members

3.

Preparation and organisation of meetings of the Council

4.

Preparation of the seat protocol according to § 11

5.

Evidence of a list of all members and their alternates as well as the employees of the office

6.

Responsible for the supervision and updating of the Animal Protection Council page on the homepage of the Federal Ministry of Health, Family and Youth (www.bmgfj.gv.at).

(3) As the supporting body of the Chairperson, the office shall sign "For the Chairman".

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

(5) The Office operates a closed CMS of the Council (Content Management System = Docman), to which all members of the Council and their alternates, the Chairperson and his deputy are assigned to one of the offices of the Office of the Council. Access code access.

Attachment to the animal welfare council

§ 6. (1) From outward incoming addresses to the Animal Welding Council in accordance with Section 42 (6) shall be forwarded from the office of office to the Chairman and in cooperation with the latter, so they relate to the remit of a standing working group (§ 12), shall also be forwarded to the relevant working group manager.

(2) The contents of the transcripts and their exhaustion are to be brought to the attention of the co-actors of the Council at the beginning of each meeting by the Chairman (Postal Report).

(3) Written requests from members or working groups shall be addressed to the Chairperson by the office of the office. It shall inform all the participants of the Council by means of the office of the Council.

The agenda

§ 7. (1) The agenda shall be determined by the Chairman in liaison with the office of the Council, on the basis of the items on the agenda requested by the Members.

(2) The subjects to be dealt with shall be classified in three sections:

a)

Drafts or applications to be put to the vote,

b)

Drafts, applications or topics presented for discussion,

c)

For information.

(3) During a meeting, a supplement or amendment to the agenda shall be admissible only by a majority of at least two-thirds of the votes present.

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

Council meetings

§ 8. (1) The convening of meetings of the Council shall be made at least three times a year in writing by the office on behalf of the Chairman, at least twelve days before the date of the meeting, with the announcement of the place, time and agenda. The invitation can also be sent by fax or e-mail. Any kind of material must be made available directly to the members of the Council or via the CMS of the Council pursuant to Section 5 (5).

(2) 16 Members may request the convening of a meeting on a particular matter. The request shall be submitted in written form to the office and shall contain a corresponding written justification. Likewise, the Federal Minister for Health, Family and Youth can call for the convening of a meeting. The convening of such extraordinary meetings shall be convened within one week. The sitting may not be scheduled at the earliest seven days after the convening.

Session Management

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

(2) About drafts, applications or topics presented for discussion pursuant to § 7 para. 2 lit. b may be put to the vote at the current meeting only on request and with the consent of two-thirds of the members present. About information pursuant to § 7 paragraph 2 lit. c can not be tuned.

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

(4) It may stipulate that the experts shall be present only during the treatment of the subjects to which they have been attached and shall leave the meeting during votes.

(5) When it appears necessary for the efficient handling of the discussion on a specific agenda item, the Chairman and each Member may submit a request for an interruption of the discussion. For the continuation of the same, the Council Decision is required with a simple majority of votes, with the list of words being limited to a request for a word per member and speaking time.

Decisions of the Council

§ 10. (1) The Council shall have a quorum if duly invited to the meeting and at least 16 Members are present in accordance with Section 42 (4a) of the TSchG.

(2) The Council's decision requires the majority of the members present to vote.

(3) Opinions can be made in writing in a very short period of time in the circulation procedure. For this purpose, the draft regulation must be submitted immediately to all members of the Council by fax or by e-mail or in the CMS of the Council pursuant to § 5 para. 5 with message by e-mail with a reasonable deadline for comment. The Chairman then takes on the role of the rapporteur. It has to log the opinions and submit them in summary to the Federal Ministry of Health, Family and Youth in good time before the end of the evaluation period.

(4) If the deadline is not long enough to deal with the facts in the context of a meeting with a timely convening, or if the convening of an additional meeting appears disproportionate, a Council opinion may be sent in writing by: Circulatory decision is brought about. For this purpose, the documents shall be submitted immediately to all members of the Council by fax or by e-mail or in the CMS of the Council pursuant to § 5 (5) with message by e-mail with a reasonable deadline for comment. On the basis of the opinions received, a reasoned decision shall be made by the Chairman and shall in turn be submitted to all the members of the Council on the same path and the consent or rejection thereof shall be submitted within a a further reasonable period of time. If no rejection or other opinion is received by the Chairman by the end of this period, this shall be deemed to be the consent of the decision requested. Decision-making or rejection shall be made known to all Members on the same path as when the motion for a decision is made, and shall be rejected if at least 16 rejections have been made in writing.

Session History

§ 11. A minutes shall be held over the course of each meeting of the Council, which shall contain at least the day of the meeting, the names of the attendees, the agenda, the results and the decisions.

(2) It is important to note that all applications, including those that have been rejected, are recorded.

(3) The Protocol shall also contain those statements whose logging has been expressly requested by a Member.

(4) Each contributor of the Council shall transmit a copy of the Protocol not later than four weeks after a meeting, and shall also be deemed to be delivered to Members and to the Chairman of the Council when the Protocol to the CMS of the Council in accordance with Section 5 (5).

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

Working Groups

§ 12. (1) The Council may, by means of a decision aimed at advising and dealing with individual matters, in particular with a view to providing advice on enforcement issues, may set up permanent working groups, inter alia on the following subjects:

1.

Livestock

2.

Home-, Hobby-, Sports animals

3.

Zoofachhandel, commercial animal husk

4.

Animal transport

5.

Wild animals and zoos

(2) Ad-hoc working groups with specific tasks can be set up for all questions arising in the Animal Protection Council.

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

(4) As far as further costs are incurred by a working group, its financial cover shall be clarified with the Federal Ministry for Health, Family and Youth.

(5) Each member and the chairman shall have the opportunity to participate in working groups. Each permanent working group has at least one member according to § 42 paragraph 2 Z 3 TSchG, a member according to § 42 paragraph 2 Z 4 TSchG and a member according to § 42 paragraph 2 Z 12 to belong. Experts can also be consulted on the working groups by decision of the working group.

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

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

Public opinion, transparency and secrecy

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

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

Cost replacement

§ 14. If the costs are to be borne by working groups or experts who have been attached to the work, the Federal Minister for Health, Family and Youth will be required to pay the cost of the project. A request for reimbursement of expenses is to be addressed in written form before taking up the activity as an expert to the Federal Ministry of Health, Family and Youth and, in addition to the preparation of the costs incurred, has to contain an explanatory statement. The adult costs are to be deducted from the original documents with the Federal Ministry of Health, Family and Youth.

Personal names

§ 15. All personal names used in these Rules of Procedure shall apply equally to persons of both female and male sex.

Kdolsky