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Research And Economic Development Law Amendment 2007

Original Language Title: Forschungs- und Wirtschaftsförderungsrechtsnovelle 2007

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36. Federal Law, with which the Austria Wirtschaftsservice-Gesetz, das Österreichische Forschungsförderungsgesellschaft mbH-Erdirectional gesetz, das Guaranegesetz 1977 and the Research and Technology Promotion Act are amended (Research and Technology) Economic Development Law (2007))

The National Council has decided:

table of contents

Article I

Amendment of the Austrian Economic Service Act

Article II

Amendment of the Forschungsförderungsgesellschaft mbH-Erdirectional Act

Article III

Amendment of the Research and Technology Promotion Act

Article IV

Amendment of the Guarantee Act 1977

Article I

Amendment of the Austrian Economic Service Act

The Federal Act, which establishes the Austria Wirtschaftsservice Gesellschaft mit beschränkter Haftung, BGBl. I n ° 130/2002, as last amended by the BGBl. I n ° 119/2004, shall be amended as follows:

1. § 1 (8) third sentence reads:

"The shareholders ' rights shall be exercised jointly by the Federal Minister for Economic Affairs and Labour and by the Federal Minister for Transport, Innovation and Technology."

2. § 1 (9) third sentence reads as follows:

"These reserves may only be used for guarantee payments, unless the General Assembly decides, in agreement with the Federal Ministry of Finance, to use it for other purposes."

3. § 2 para. 2 lit. b is:

" (b)

The innovation mediation and the innovation consultancy for the benefit of the Austrian economy, the promotion of and participation in the acquisition, exploitation and enforcement of intellectual property rights as well as the continuation of other tasks of the Innovation Agency; "

4. § 2 para. 2 lit. e is:

" e)

the award and settlement of grants and other financing as well as the acquisition of business processings which are transferred to the company by law or settlement contract; the conclusion of settlement contracts with third parties or with the Federal Government, unless the Federal Government does so by one of the owner representatives in accordance with § 1 (8), the Federal Minister for Economic Affairs and Labour and the Federal Minister for Transport, Innovation and Technology require the consensual agreement of the Federal Minister for Transport, Innovation and Technology; "

5. § 2 para. 2 lit. g. is:

" (g)

the drawing up of proposals for the multiannual programmes and the implementation of multiannual programmes approved in accordance with Article 5. "

6. § 3 (1) reads:

" (1) The Company has a Supervisory Board. The Supervisory Board consists of ten members. The Federal Minister for Economic Affairs and Labour will send the Chairperson and two other members, the Federal Minister of Transport, Innovation and Technology, the Vice-Chairman and two other members. In exercising their rights of posting, the Federal Ministers must ensure that at least one of the members to be sent has an entrepreneurial experience. A member of the Supervisory Board is sent by the Association of the Austrian Industry, the Austrian Chamber of Commerce, the Federal Labour Chamber, and the Austrian Trade Union Confederation. "

7. § 4 (1) second sentence reads:

"The Federal Minister for Economic Affairs and Labour and the Federal Minister of Transport, Innovation and Technology appoint a member of the Management Board."

8. § 5 (1) reads:

" (1) The Society has a proposal for a multi-year programme for the implementation of the provisions of § 2 (1) and (2) (2) of the German Federal Minister for Economic Affairs and Labour and the Federal Minister for Transport, Innovation and Technology. To submit the objectives and tasks referred to in point (a) to The Federal Ministers have to do with the tasks in accordance with § 2 para. 2 lit. a first half-sentence (guarantee law) in any case and with regard to the tasks in accordance with § 2 para. 2 lit. a second half-sentence (KMU-Förderungsgesetz) in so far as the granting of guarantees is provided for, to establish the agreement with the Federal Minister for Finance. "

Section 5 (3) reads as follows:

"(3) The Company shall implement the multi-annual programme approved in accordance with paragraph 1 in accordance with the funds provided in the respective Federal Finance Act."

10. Before the heading to § 11, the following § 10a and title shall be inserted:

" Use of services of the Bundesrechenzentrum Gesellschaft mit beschränkter Haftung

§ 10a. The Company is entitled to take advantage of limited liability for services provided by the Bundesrechenzentrum Gesellschaft mit beschränkter Haftung. "

11. § 12 (3) reads:

" (3) With the entry into force of this Federal Law BGBl. I No 36/2007 shall immediately be reappointed to the Supervisory Board. § 3 sec. 1 Austria Wirtschaftsservice-Gesetz shall be carried out, whereby the members of the existing Supervisory Board shall separate from their office at the same time. "

12. § 14 reads:

" § 14. With the enforcement of the Federal Act, the following are entrusted:

1.

with regard to § § 7 and 8 of the Federal Minister of Economics and Labour;

2.

as regards Section 9 of the Federal Minister of Finance;

3.

as regards Section 2 (2) (lit). a and Section 5 (1) of the Federal Minister for Economic Affairs and Labour, the Federal Minister for Transport, Innovation and Technology and the Federal Minister of Finance;

4.

the Federal Minister for Economic Affairs and Labour, and the Federal Minister for Transport, Innovation and Technology. "

Article II

Amendment of the Research Promotion Company Law on the Law of the Era

The Federal Act on the Establishment of the Austrian Research Promotion Agency with limited liability, BGBl. I No 73/2004, shall be amended as follows:

1. In Section 1 (2) shall be followed by the phrase "Federal Minister for Education, Science and Culture" through the phrase "Federal Minister for Science and Research" replaced.

2. § 3 (2), first sentence, reads:

"The Company shall be entitled to carry out and process any measures and activities at the national and international level that are used for RTD funding."

Section 6 (2) reads as follows:

" (2) The Federal Minister for Transport, Innovation and Technology shall send the Chairperson and two other members, the Federal Minister for Economic Affairs and Labour, the Vice-Chairman as well as two other members of the Supervisory Board. In exercising their rights of posting, the Federal Ministers must ensure that at least one of the members to be sent has an entrepreneurial experience. A member of the Supervisory Board is sent by the Association of the Austrian Industry, the Austrian Chamber of Commerce, the Federal Labour Chamber, and the Austrian Trade Union Confederation. "

4. In Section 8 (3), the phrase "Federal Minister for Education, Science and Culture" through the phrase "Federal Minister for Science and Research" replaced.

5. In § 18 (1) (3), the text shall be worded "or the Federal Minister for Education, Science and Culture or the Federal Minister of Finance" deleted and in Z 5 the word order "Federal Minister for Education, Science and Culture" through the phrase "Federal Minister for Science and Research" replaced.

Article III

Amendment of the Research and Technology Promotion Act

1. In § 4 para. 1 lit. c final half-sentence will be the phrase "Transport, innovation and technology" through the phrase "Transport, innovation and technology, as well as the Federal Minister for Science and Research" replaced.

Section 4a (2) reads as follows:

The programmes shall be submitted to the supervisory authorities for approval; the work programmes shall be carried out by 30 September of each year. The multi-annual programme shall be made available to the public and shall be forwarded to the President of the National Council for the information of Members. "

Section 5a (1), first to fourth sentence reads as follows:

" The Supervisory Board consists of nine members. Four members will be elected by the Assembly of Delegates, two members will be elected by the Federal Minister for Transport, Innovation and Technology and the Federal Minister for Science and Technology and the Federal Minister of Science and Technology. Research sent. Another member will be appointed by mutual agreement of the eight members of the Supervisory Board. If, within six weeks of the appointment of the eight members, there is no consensual appointment of the other Member, the supervisory authorities shall have a reasonable grace period. "

4. In Section 5a (1), fifth sentence, the phrase shall be: "Education, science and culture" through the phrase "Science and research" replaced.

5. 5a (4) (lit). e is:

" e)

Decision-making on an appropriate allowance for the members of the Bureau and the Supervisory Board, as well as the speakers; "

6. § 6 para. 1 lit. d is:

" (d)

four representatives appointed by the Federal Minister for Transport, Innovation and Technology, or representatives appointed by the Federal Minister for Transport, Innovation and Technology, one further by the Federal Minister or by the Federal Minister for Transport, Innovation and Technology, or by the Federal Minister for Transport, Innovation and Technology. Federal Minister for Transport, Innovation and Technology and appointed by the Federal Minister for Science and Research and the Federal Minister for Science and Research and "

7. In § 6 para. 2, second sentence, the word order shall be "Education, science and culture" through the phrase "Science and research" replaced.

8. In § 17a (1), second sentence and para. 2, first sentence, as well as in § 17g para. 3, the word order is in each case "Education, science and culture" through the phrase "Science and research" replaced.

9. § 18 para. 1 third sentence reads:

" According to § 7 of the Federal Act of July 1, 1981, the grants awarded are via the Research Organization in Austria and on amendments to the Research Promotion Act (Forschungsorganisationsgesetz-FOG), BGBl. No 314/1981, Federal Minister for Foreign Affairs transport, innovation and technology, as well as the Federal Minister for Science and Research. "

10. § 22 (1) second sentence reads:

"The members of the Supervisory Board pursuant to Section 5a (1) and the Board of Trustees pursuant to Section 7 (1) of the Board of Trustees may be granted an appropriate expense allowance in addition to the rate of travel expenses and outsourcing."

11. In § 25 (1), first sentence, the word order shall be "Transport, innovation and technology" through the phrase "Transport, innovation and technology, as well as the Federal Minister for Science and Research" replaced.

12. In § 25 (1), third sentence, the word order shall be "Supervisory Authority" through the phrase "Supervisory Authorities" replaced.

13. § 25 (3) reads:

" (3) The supervisory authorities shall have the right to participate in the meetings of the Assembly of Delegates and the Board of Trustees. The minutes of the meetings of the institutions of the Science Fund shall be brought to the attention of the supervisory authorities without delay. The supervisory authorities shall, at their request, be required to submit the files relating to the objects referred to above and to supply the information requested by them. In particular, the management of the Science Fund of the Federal Minister for Transport, Innovation and Technology as well as the Federal Minister for Science and Research and the Federal Minister for Science and Research has all been responsible for the fulfilment of the Obligations of the Republic of Austria in accordance with the EU state aid law to provide the necessary reports, notifications and information as well as the data necessary for the documentation and information to be carried out in due 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 that all documents shall be paid ten years from the end of the year of payment of the total funding. to keep. "

14. In § 31 Z 3, the word order shall be "Education, science and culture" through the phrase "Science and research" replaced.

15. In § 31, Z 5 is given the name "Z 6" ; the following Z 5 shall be inserted:

" 5.

as regards § § 2 to 10, 18 to 25 as well as 27 to 30 Federal Minister for Foreign Affairs Transport, innovation and technology, as well as the Federal Minister for Science and Research in agreement with the exception of individual member dispatches according to § 5, para. 1, second sentence, and the individual Delegate appointments in accordance with § 6 para. 1 lit. d. "

Article IV

Amendment of the Guarantee Act 1977

The Guarantee Act 1977, BGBl. N ° 296, as last amended by the Federal Law BGBl. I n ° 68/2004, is amended as follows:

1. In § 1 (3), § 11 (4) and § 14 (3), the word order shall be "the Society" through the phrase ,, the Federal Minister for Finance " replaced.

2. In Section 1 (3) and § 11 (4), the phrase in each case shall be deleted. ,, require the approval of the Federal Minister of Finance and " .

3. In Section 1b (1), the sales designation shall be deleted. "(1)" .

4. In Section 7 (1), the sales designation shall be deleted. "(1)" .

5. In Section 14 (3), the word order shall be deleted " requiring approval by the Federal Minister of Finance " .

6. In accordance with § 14, the following § 14a and the following section heading are inserted:

" § 14a. The Federal Minister of Finance has to consult the Federal Minister entrusted with the owner's representation of the Austria Wirtschaftsservice Gesellschaft mit beschränkter Haftung (Austria Wirtschaftsservice Gesellschaft mit beschränkter Haftung) prior to the release of the guidelines pursuant to § 1 (3), § 11 (4) and § 14 (3). The guidelines pursuant to Section 1 (3), Section 11 (4) and Section 14 (3) are to be found in the,,, Official Journal of the Wiener Zeitung. For reasons specific to the specific nature of the guarantees in question, in particular as a result of the scope of such directives, the proposition may be limited to the fact that directives have been adopted and where this view is taken into account. or where they can be obtained. The company also has the guidelines available on the Internet for consultation.