78. Federal Law, with which the Economic Chamber Act 1998 is amended

The National Council has decided:

The Economic Chamber Act 1998, BGBl. I No 103/1998, as last amended by the Federal Law BGBl. I n ° 153/2001, shall be amended as follows:

1. In 5. Section of the 3. The main part of the table of contents will be the label "§ 102 Order of other members of the Spartenkonferenz" by the name "§ 102 Occupation of the Spartenkonferenz" replaced.

2. In 8. Section of the 3. The main part of the table of contents will be the label "§ 110 Order of other members of the German Federal Chamber of States ' Spartenkonferenz" by the name "§ 110 Occupation of the Federal Chamber of States ' Spartenkonferenz" replaced.

3. In 1. Section of the 4. The main part of the table of contents will be the label "§ 127 Prewriting and levelling of the basic situation and the fees for special services" by the name "§ 127 Prewrite and inversion of the basic situation, the special situation and the fees for special services" replaced.

Article I

4. § 15 (2) to (5) reads:

" (2) The enlarged Bureau of the Federal Chamber has the criteria set out in paragraph 1 and section 43 (1) for the establishment of professional associations and of specialist groups as public bodies as well as for the revocation of the decision-making decisions on the basis of Take a closer look at the current economic structure and the expected economic structure. The criteria for in particular the size (number of members) of the specialized organizations, the ability to cover the expenses of the specialized organizations in a sustainable way, as well as for the economic significance and the interests of the specialized organizations. in the interests of ensuring effective and efficient representation of the interests of the members concerned,

(3) If the criteria set out in paragraph 1 above and detailed in accordance with paragraph 2 above are not fulfilled for the establishment of a professional association including the related professional groups, a decision of the enlarged Bureau of the Federal Chamber may result in a decision to: Professional association shall be established if, in the area of the national chambers, subject to paragraph 4, in principle, no professional groups are established, the effective representation of the interests of the members concerned and their overall economic importance to justify the establishment of a professional association and to cover the This is ensured by the association of the professional association.

(4) In the cases referred to in paragraph 3, a specialist group may be established in the area of one or more State Chambers if this is the case for an effective representation of interests due to the special regional importance of the , the enlarged Bureau of the Federal Chamber has approved the establishment of the Section in individual cases.

(5) Each trade association has to comply with a respective specialist group or professional representative in the area of the state chambers. At the request of the enlarged Bureau of the Federal Chamber, more than one specialist group or professional representation may be provided within a specialist association in the area of one or more state chambers, if this is due to an effective representation of interests the unique interests of the professions falling within the scope of the professional association are necessary. "

(5) The previous paragraphs 3 and 4 of section 15 shall be awarded the sales names "(6)" and "(7)" .

6. § 15 the following paragraphs 8 and 9 are added:

" (8) In the third calendar year following the constitution of the Economic Parliament of the Federal Chamber, the enlarged Bureau of the Federal Chamber shall, after prior examination, decide whether the professional associations and the specialist groups shall determine the conditions laid down in paragraph 2. Criteria.

(9) The criteria laid down in accordance with paragraph 2 shall be binding on the Chambers of Commerce and shall be implemented by them. The Chambers of Commerce shall make the necessary adjustments if the examination in accordance with paragraph 8 shows that professional associations and specialist groups no longer comply with the criteria laid down in paragraph 2. "

7. § 19 (1) (9) and (10) reads as follows:

" 9.		the management of the lists of Members,
10.		within the scope of the possibilities of advising and assisting its members in legal and economic matters, including representation in labour and social affairs matters, and "

8. § 25 (2) Z 2 reads:

" 2.		Resolution on the confiscation of the Spartenobmann-alternates in the enlarged Bureau, "

9. § 26 para. 1 Z 3 reads:

" 3.		the appraisal and enforcement of the decisions of the institutions of the division and the production of the documents originating from the division, in principle, together with the business manager. "

Article 26 (4) reads as follows:

" (4) The Spartenkonferenz consists of

1.		the Division Presidium and
2.		the other members of the Conference of the Sparteners pursuant to § 102. "

11. § 31 (3) Z 9 reads:

" 9.		approve the preliminary estimates and accounts of the professional associations and examine their building and "

12. § 36 (3) Z 11 and 12 reads:

" 11.		Release of the Arbitration Court,
12.		Establishment of an arbitral tribunal in accordance with section 139 (2), "

Section 36 (3) shall be added to the following Z 13 and 14:

" 13.		Decision-making on criteria for the establishment of professional associations and of specialist groups as bodies of public law pursuant to § 15 (2) and
14.		Decision-making on the maximum limits of the share of the state chambers in the basic conditions in accordance with § 123 (4). "

14. § 36 (4) reads:

" (4) The decisions of the enlarged Bureau shall require a majority of two thirds of the valid votes cast. In matters relating to paragraphs 2, 3, Z 1 to 7 and Z 8 with regard to the share of the state chambers in the transfer pursuant to Section 122 (1) and (2) and (3) Z 13 and 14, the approval of two thirds of the presidents of the regional chambers is also required. "

Section 38 (1) Z 3 reads as follows:

" 3.		the appraisal and enforcement of the decisions of the institutions of the division and the production of the documents originating from the division, in principle, together with the business manager. "

16. § 38 (4) reads:

" (4) The Spartenkonferenz consists of

1.		the Division Presidium and
2.		the other members of the Conference of the Sparteners in accordance with § 110. "

17. § 43 (1) reads:

" (1) The State Chambers shall be entitled, in accordance with the regulations of the specialized organization and the decisions of the enlarged Bureau of the Federal Chamber pursuant to Section 15 (2), to set up specialist groups if it is the economic significance and the interests of the State of the Federal Republic of Germany. It is necessary to cover the expenditure and to cover the expenditure. The decision on the establishment must be confirmed by the enlarged Bureau of the Federal Chamber. The same shall apply to the revocation of a decision to set up a specialist group. Such decisions shall be included in an annex to the specialized organization order. "

18. § 48 (3) and (4) reads:

" (3) In any case, the Fachverbandsausschuss (Fachverbandsausschuss) belong to the chairmen of the relevant specialist groups (the chairpersons of the technical representatives).

(4) It is the responsibility of the Committee to take decisions on all matters which do not fall within the competence of the Obmanne. This includes in particular:

1.		fundamental issues of the professional association's own sphere of action,
2.		Having regard to the Rules of Procedure in accordance with section 58 (3),
3.		Decision-making on the basic situation in accordance with § 123 (5),
4.		Decision-making on charges for special services,
5.		Decision-making on the estimates and accounts and
6.		Matters which result in a burden on the budget beyond the estimate, provided that it is not the responsibility of the Obmann. "

19. § 52 together with headline reads:

" Suspension

§ 52. Functionaries against which criminal proceedings have been initiated on the grounds of a criminal offence punishable by a sentence of more than one year are pending the final conclusion of the criminal proceedings from the primary election commission. "

Article 61 (1) and (2) reads as follows:

" (1) The collegiate bodies referred to in this federal law shall be quorum if all members are duly charged and, unless otherwise provided by law, at least one third, at the presiding of the chambers and of the divisions, the Enlarged presides and the control committee shall be at least half of the members present. In the cases of the transfer of voting rights in accordance with Section 62 (2), the number of voting rights shall be decisive for the quorum. In any event, the panel shall be subject to a quorum if the invitation, including the agenda, has been published in the chamber newspaper or in another publication organ accessible to all members or in the specialist journal of the specialist group, with the The minutes must be made at least 14 days prior to the date of the meeting.

(2) Only one decision may be taken on an increase in the basic situation in accordance with § 123 (3) if this item appears on the invitation to the expert group meeting and, in addition, an invitation to all members of this subject group is sent out . Before taking a decision on the increase in the basic situation, the opinion of the members of the respective specialist group concerned (in the case of § 123 (5) of the respective association) is to be explored in a suitable manner if a total of To increase the amount of basic circulation within the relevant specialist organisation concerned. The more detailed provisions may be adopted by the Rules of Procedure. "

21. § 61 (4) reads:

" (4) The decisions of the chamber presides according to § 23 and § 35, the Sparten Presidia as well as the expert group and trade association committees can also be taken in circulation. Circulatory decisions shall be subject to the unanimity of the votes cast and shall be required in the minutes of the next meeting of the institution. "

22. The previous paragraph 2 of section 61 receives the sales designation "(3)" .

23. § 65 (4) reads:

"(4) The delegation of tasks of the expert group meeting to the expert group committee shall be admissible up to the duration of a functional period."

Section 65 (5) reads as follows:

"(5) A delegation of decision-making on the basic situation in accordance with § 45 (5) Z 3 and § 48 (4) Z 3 is not allowed."

25. The previous paragraphs 5 to 7 of section 65 shall be awarded the sales names "(6)" , "(7)" and "(8)" .

Section 72 (2) reads as follows:

" (2) Data of chamber members may be transmitted to any person, in so far as the data types in § § 365a (1) and 365b (1) of the Commercial Code (Gewerbeordnung) 1994, BGBl. No. 194/1994, in the version of the Federal Law BGBl. I n ° 10/1997 are listed or are data of the declaration of glory or the resumption of a business in accordance with § 93 of the Industrial Code of 1994, BGBl. No 194/1994. This also applies mutaficily to similar data of chamber members, which are entitled under other legislation to operate companies. "

27. § 72 (4) reads:

" (4) Consignments by electronic mail, which are carried out in order to fulfil the tasks assigned to the organizations of the commercial economy, do not require the consent of the recipient in accordance with § 107 Telecommunications Act 2003, BGBl. I No 70/2003. '

Section 72 shall be added to the following paragraph 5:

" (5) In the performance of the tasks assigned to them, the organizations of the commercial economy shall not be subject to the 3. Section of the E-commerce law, BGBl. I No 152/2001. '

29. § 74 (2) reads:

" (2) In the event of the election by electronic means, the electoral system shall determine the more detailed provisions. In doing so, it is necessary to ensure that compliance with the provisions of Section 73 (1), first sentence, and the Data Protection Act 2000-DSG 2000, BGBl. I n ° 165/1999. The system to be used must meet the security requirements of secure electronic signatures in accordance with the Signature Act, BGBl. I n ° 190/1999, and ensure that the tasks of the Main Electoral Commission and the Election Commissions can also be fulfilled in the electronic election process. "

30. § 74 (4) reads:

" (4) The fulfilment of the security requirements according to para. 2 and 3 must be carried out by a confirmation body according to § 19 Signature Act, BGBl. I n ° 190/1999. '

31. § 75 (2) to (6) reads:

" (2) The Savings Electoral Catalogue has to set the number of members of the division's representatives and of the Savings Conferences.

(3) The number of members of the division representatives in the economic interests of the State Chambers shall be, after consultation of the State Chambers, taking into account the number of voters in each Chamber and in proportion to the total number of persons entitled to vote in the To determine the economic significance of the division in the federal state in question. It shall be at least four, but not more than 15. However, the total number of savers in the economic parliament of the most member state chamber shall not exceed the number 80. The number of members of the branches ' representatives in the Federal Chamber of Economic Affairs is based on the economic importance of the individual divisions within a lower limit of nine and a ceiling of 20 mandates. . However, the total number of members of the branch in the Federal Chamber's economic parliament may not exceed the number 100.

(4) The number of members of the Savings Conferences shall be determined on the basis of the criteria set out in paragraph 3, with at least ten and at most 32.

(5) The list of professional organisations has to determine the number of members of the specialised association and expert group committees to be elected, taking into account the number of members and the economic importance of the sector. The number of members of a group committee shall be at least ten, that of a specialised committee of experts at least 13. The maximum number of members of specialist and expert group committees shall be 32. The number of professional representatives shall be determined by at least one and at most nine.

(6) The electoral catalogues shall be subject to the provisions laid down in para. 3 to 5 with reference to the reference date 1. Jänner shall be re-established by 1 July of the calendar year preceding the elections for the following period of operation. "

Section 76 (6) reads as follows:

" (6) In the case of the mandate distribution in the branch offices and the savings conferences of the Landeskammer and the Federal Chamber, as well as in the trade association committees, those electoral bodies in which it was not possible to be elected are those with the mandate distribution of the to take account of the current operating period. "

33. § 78 (4) (9) and (10) shall read:

" 9.		the occupation of the branches and the conferences of the savers,
10.		the appointment of the other members of the division representatives and of the savings conferences in accordance with § § 101 and 102 as well as § § 109 and 110 of the Economic Savings Group in accordance with § § 104 and 112 and of the Extended Presidiums pursuant to § § 106 and 114, "

34. § 78 (4) Z 13 reads:

" 13.		The suspension and dismise of officials in accordance with § § 52 and 53 and "

Section 78 (6) reads as follows:

" (6) The Main Electoral Commission has an electronically controlled election, with the assistance of a confirmation body according to § 19 Signature Act, BGBl. I No 190/1999, if there is no longer the functioning of the system used. "

36. § 79 (3) reads:

" (3) The Election Commission shall be responsible, unless the Main Electoral Commission decides otherwise:

1.		the preparation of the voter lists,
2.		the listing of voter lists,
3.		the decision on objections to the inclusion or non-inclusion in the voter lists,
4.		the decision on applications for inclusion in the voter lists in accordance with Section 87 (2) and
5.		the determination of the number of votes and of the preferential votes, unless a counting of votes is carried out in accordance with Section 96 (4). "

37. § 83 para. 2 Z 3 is repealed.

Section 84 (1), (2) and (3) reads as follows:

" (1) The Main Electoral Commission of the Landeskammer has to issue the election manifestation. The manifestation of the election also includes the part of the main election commission of the Federal Chamber concerning the occupation of the branches ' representatives and the conference of sparteners of the Federal Chamber and the filling of the specialised verbal committees. A period of at least ten weeks must be between the ballot of the election manifestation and the first possible election day.

(2) In the election manifestation, all the information required for the electoral groups and persons entitled to vote for participation in the election (cast) must be included. The election manifesto has to be divided into five sections, each in one part for

1.		the primaries,
2.		the occupation of the branches ' representatives and the conferences of the Spartenconferences of the Landeskammer (Landeskammer),
3.		the occupation of the branches ' representatives and the conferences of the Spartenconferences of the Federal Chamber,
4.		the occupation of the specialised boards of association and
5.		general content.

(3) The election manifesto shall contain in particular:

1.		For the primaries:
a)			The voting days, polling places and polling stations, as well as the voting times, whereby different voting days and voting times for different electoral rules can be determined according to the criteria of local expediency;
b)			the indication at which point and within which time the voter lists are made available for inspection;
c)			an indication that the members of the Chamber, whose entitlement to the date of the election is reported in a dormant manner, shall be included in the voters ' list on their application;
d)			the request that nominations for the primaries may be submitted in writing to the Main Electoral Commission no later than six weeks before the first possible election day;
e)			the provision that election proposals must be supported by eligible members of the relevant specialist organisation. The number of supporters has to be:
			For a number

from up to		25 Eligible	1
	from	26 up to 100 persons entitled to vote	2
	from	101 up to 200 eligible voters	3
	from	201 up to 300 persons eligible to vote	4
	from	301 up to 400 persons eligible to vote	5
	from	401 up to 500 eligible voters	6
	from	501 up to 600 eligible voters	7
	from	601 up to 700 eligible voters	8
	from	701 up to 800 eligible voters	9
	over	800 persons entitled to vote	10

f)			the number of persons entitled to vote for each expert group and professional representative.
2.		For the occupation of the branch offices and the spartenconferences of the Landeskammer (Landeskammer):
		The contents of the provisions of § 101 (2) and (3) and § 102 (2) and (3).
3.		For the occupation of the branches ' representatives and the Spartenconferences of the Federal Chamber:
		The contents of the provisions of section 109 (2) and (3) and § 110 (2) and (3).
4.		For the filling of the trade association committees:
		The contents of the provisions of Section 107 (2) and (3).
5.		General content:
a)			The (occupying) institutions to be elected and the number of mandates to be given in the elections (appointments);
b)			Not applicable
c)			the provision that election and occupation proposals must contain at least one applicant and must not contain more than twice as many candidates as mandates for forgiveness;
d)			the provision that selection and occupation proposals can only be proposed to persons who are entitled to vote for the relevant specialist organisation (division);
e)			an indication that late election and occupation proposals are not taken into account;
f)			the setting of the day on which the election proposals will be announced. "

39. § 87 (2) reads:

"(2) Requests from members of the Chamber for their inclusion in the voters ' list in accordance with Section 73 (3) must have been received by the competent electoral commission within ten days of the voter's voter being read out."

40. § 87 (6) reads:

" (6) Changes in the number of persons entitled to vote by means of objections or requests for inclusion in the voters ' list as well as by natural access and departure have no influence on the persons entitled to vote in accordance with § 84 (3) Z 1 lit. e and f required number of supporters. "

41. § 88 (1) reads:

" (1) Groups of voters who wish to participate in the election shall submit their nominations in writing on the basis of the contents of the election manifestation for the respective specialist groups and professional representatives of the main electoral commission. Nominations must be submitted to the Main Electoral Commission no later than six weeks before the first election day. The main electoral commission shall confirm the receipt of the electoral proposal, indicating the day and time of its entry. "

Section 89 (1) reads as follows:

" (1) The Main Electoral Commission shall examine the nominations submitted within the deadline for submission and notify existing deficiencies within one week of the end of the submission period to the appointing representative of the voter group. A deadline of one week is to be set in order to remedy the deficiencies. Any changes to the nomination or withdrawal shall be made at the latest by the end of the 36. Day before the first election day of the Main Electoral Commission in writing. Changes in the election proposal by re-admission of electoral advertisers and the withdrawal of the electoral proposal must be made by more than half of the supporters. "

43. § 89 (6) is repealed.

Section 90 (2) reads as follows:

" (2) Electoral card voters shall return the electoral card, together with the election documents, to the relevant main electoral commission or to the body designated by that particular body. The electoral card shall not be taken into account at the latest on the penultimate working day before the first election day of the relevant main election commission or of the body designated by that nomination, or not be taken into account. Where a central voting list is used, the Main Electoral Commission may also decide that the electoral card must have arrived at the relevant Main Electoral Commission or the body designated by the latter at the latest on the last election day. "

45. § 97 (4) reads:

" (4) If a group of voters does not receive a mandate on the basis of the allocation in accordance with subsections 2 and 3, if at least five per cent of the valid votes cast are eliminated, the first-aged candidate shall be deemed to have been elected. The above provision shall apply only from a mandate number of five in the case of the choice of the professional representatives. The mandate shall be added to the number of mandates set out in the electoral catalogue. "

(46) § 99 (5) is added to the following second sentence:

"For the purpose of determining the mandate in an election, the provision of Section 97 (3) shall apply mutatily."

47. § 101 (2) and (3) reads as follows:

" (2) The appointing representatives of those voter groups who have reached at least one mandate in the primaries in the category concerned may, in accordance with the provisions of § § 85 (3) to (6) and 88 (88) at the latest two weeks after the date of the to submit a proposal to the Main Electoral Commission last Election Day.

(3) The appointing representatives of those voter groups who have the right to submit a settlement proposal in accordance with para. 2 may also inform the main election commission that the voter group shall:

a)			are united with another group of voters for the occupation of the Spartenvertretung and that a proposal for an occupation is proposed by this (united) voter group; or
b)			the mandate (the mandates), which (s) it has reached in the primary election in the sector concerned, one or more other voter group (s) who have submitted (have) a nomination proposal. "

48. § 101 (4) is repealed.

49. § 101 (6) and (7) reads:

" (6) At the end of the period of submission, the Main Electoral Commission has to examine the occupancy proposals in the appropriate application of the provisions of Section 89.

(7) The main electoral commission has to allocate the mandates to the groups of voters who have proposed the nominations. An authorized representative pursuant to paragraph 3 (3). b notified accounts shall be taken into account. The number of votes cast on the individual groups of voters in the primary elections in the sector in question is equal to the number of valid votes cast. "

Section 102, together with the headline, reads:

" Occupation of the Spartenkonferenz

§ 102. (1) The Main Electoral Commission has to fill the mandates of the members of the Savings Conferences.

(2) The appointing representatives of those voter groups who have reached at least one mandate in the primaries in the category concerned may, in accordance with the provisions of § § 85 (3) to (6) and (88) at the latest two weeks after the date of the to submit a proposal to the Main Electoral Commission last Election Day.

(3) The appointing representatives of those voter groups who have the right to submit a settlement proposal in accordance with paragraph 2 may, however, also inform the Main Electoral Commission instead of submitting an occupation proposal that the voter group shall:

a)			to be united with another group of voters for the occupation of the Conference of Sparteners, and that a proposal for an occupation be proposed by this group of voters (united); or
b)			the mandate (the mandates) which it has reached in the primary election in the sector concerned, one or more other voters ' group (s) who have proposed (have) a nomination.

(4) At the end of the period of submission, the Main Electoral Commission shall examine the occupancy proposals in the appropriate application of the provisions of Section 89.

(5) The main electoral commission has to allocate the mandates to the groups of voters who have proposed the nomination proposals. An authorized representative pursuant to paragraph 3 (3). b notified accounts shall be taken into account. The number of votes cast on the individual voter groups in the primary elections in the relevant category corresponds to the number of valid votes cast.

(6) The provisions of § 101 (8) to (12) shall apply mutatily.

(7) In accordance with the provisions of paragraph 6, a minority mandate shall only be entitled to vote in accordance with Section 103 if the percentage of the mandates to be paid to the voter group amounted to more than 11.5%.

(8) § 98 shall apply mutatily. "

51. § 103 (1) and (2) reads as follows:

" (1) According to § 102 of the Conference of the members of the Conference of the Sparteners, the choice of the Spartenobmannes and of the two alternates shall be carried out by them.

(2) Only the members of the respective savings conference shall be eligible. "

Section 107 (2) and (3) reads as follows:

" (2) The appointing representatives of those groups of voters who have reached mandates in the primaries of the specialist groups falling within the scope of action of the respective association (professional representatives) may within the time frame according to para. 1 Submit a proposal for an occupation of the Section for Skilled Verbandals. The provisions of § § 85 (3) to (6) and (88) apply to the submission of the remuneration proposals. If a group of voters has a federal organisation, the proposal for an occupation is to be submitted by this group.

(3) The appointing representatives of those voter groups who have the right to submit a settlement proposal in accordance with para. 2 may also inform the Main Electoral Commission of the Federal Chamber that the voter group

a)			is united with another group of voters for the occupation of the specialised committee and that a proposal for occupation is proposed by this (united) voter group; or
b)			the mandate (the mandates), which (s) it has reached in the primary election in the relevant specialist groups (professional representatives), one or more other voter group (s) who have submitted (have) a nomination proposal.
The communication according to lit. a must at the latest at the beginning, the communication according to lit. (b) at the latest on the expiry of the submission deadline set in accordance with paragraph 1, for proposals for the occupation of the Main Electoral Commission of the Federal Chamber. "

53. § 107 (5) to (11) reads:

" (5) The Main Electoral Commission of the Federal Chamber has to assign the mandates to the groups of voters after the conclusion of the defect survey in accordance with paragraph 4. The authorized representative referred to in paragraph 3 (3). b shall be taken into account in the same way as the accounts of the members of the relevant expert groups (chairperson of the professional representatives) to the group of voters concerned. If a group of voters who is a member of a group of experts (chairman of the professional representatives) does not submit a proposal or does not have a mandate on the basis of the investigation procedure, the relevant voter group does not belong to the group concerned. Professional group obmann (chairman of the professional representatives) nevertheless to the Fachverbandsausschuss; the mandate of such an expert group obmannes (chairperson of a professional representation) is to be added in these cases to the number of seats stipulated in the electoral catalogue.

(6) If a group of votes is more strongly represented by its expert group observes (chairperson of the professional representatives) in the Section of the Specialist Committee than that of the mandate allocation in accordance with paragraph 5, the right of this group of voters will not be diminded; these (s) The mandate (s) shall be added to the number of seats in the electoral catalogue.

(7) If a group of voters who has submitted a proposal for an appointment to the subject committee has not received a mandate under the terms of paragraphs 5 and 6, if at least five per cent of all in the primaries of the vote are Specialist organisations of the relevant association to be awarded mandates, the former, with a number of more than nine per cent of the mandates, the two first-aged applicants are chosen as elected.

(8) The minority law referred to in paragraph 7 does not apply to the relevant voter group if it is united with another group of voters for the occupation of the specialised committee. In the calculation of the total number of mandates of a group of voters for the minority law in accordance with paragraph 7, it is also impossible to count those mandates which they have attributed to a different group of voters.

(9) The minority mandates in accordance with paragraph 7 shall be added to the number of seats specified in the electoral catalogue.

(10) The Main Electoral Commission shall be responsible for the names of the members of the specialised committees of the association.

(11) § 98 shall apply mutatily. "

Section 109 (2) and (3) reads as follows:

" (2) The appointing representatives of those voter groups who have reached at least one mandate in the primaries in the category concerned may, in accordance with the provisions of § § 85 (3) to (6) and (88), at the latest six weeks after the date of the Last Election Day, submit a proposal to the Federal Chamber's main election commission. If a group of voters has a federal organisation, the proposal for an occupation is to be submitted by this group.

(3) The appointing representatives of those voter groups who are entitled to submit a settlement proposal in accordance with para. 2 may also inform the Main Electoral Commission of the Federal Chamber that the voter group

a)			are united with another group of voters for the occupation of the Spartenvertretung and that a proposal for an occupation is proposed by this (united) voter group; or
b)			the mandate (the mandates), which (s) it has reached in the primary election in the sector concerned, one or more other voter group (s) who have submitted (have) a nomination proposal. "

55. § 110 with headline reads:

" Occupation of the Spartenkonferenz der Bundeskammer

§ 110. (1) The Main Electoral Commission of the Federal Chamber has to fill the mandates of the Spartenconferences of the Federal Chamber.

(2) The appointing representatives of those voter groups who have reached at least one mandate in the primaries in the category concerned may, in accordance with the provisions of § § 85 (3) to (6) and (88), at the latest six weeks after the date of the Last Election Day, submit a proposal to the Federal Chamber's main election commission. If a group of voters has a federal organisation, the proposal for an occupation is to be submitted by this group.

(3) The appointing representatives of those voter groups who have the right to submit a settlement proposal in accordance with paragraph 2 may, however, also inform the Main Electoral Commission instead of submitting an occupation proposal that the voter group shall:

a)			is united with another group of voters for the occupation of the Federal Chamber of States ' Spartenkonferenz, and that a proposal for an occupation is proposed by this (united) voter group; or
b)			the mandate (the mandates) which it has reached in the primary election in the sector concerned, one or more other voters ' group (s) who have proposed (have) a nomination.

(4) The provisions of Section 101 (5) to (7) shall apply mutatily.

(5) If a group of voters who has submitted a proposal for the occupation of the German Federal Chamber of States has not received a mandate on the basis of the allocation of the main electoral commission in accordance with paragraph 4, if at least five percent of the voters ' group has received a mandate from the group of voters, the group shall be deemed to have received a mandate from the group. all the mandates to be awarded during the primaries of the respective division, the first one, with a number of more than nine per cent of the mandates, the two first-aged candidates as elected.

(6) If a conference of branches of the Federal Chamber of States has a maximum of 12 members, the minority law in accordance with paragraph 5 shall apply only to one member, even with a mandate share of more than nine per cent.

(7) The provisions of § 101 (10) to (12) shall apply mutatily.

(8) In accordance with the provisions of paragraphs 5 and 6, a minority mandate shall only be entitled to vote in an election in accordance with Section 111 if the percentage of the mandates to be paid to the voter group amounted to more than nine per cent.

(9) § 98 shall apply mutatily. "

56. § 111 (1) and (2) reads:

" (1) After the members of the Conference of Savings held in accordance with § 110, the members of the Spartenobmannes and his two alternates shall be elected by them.

(2) Only the members of the respective savings conference of the Federal Chamber shall be eligible. "

57. § 123 together with the title is:

" Grundumlagen

§ 123. (1) The members of the professional groups (professional associations) have to pay a basic situation, which

1.		to cover the expenses of the specialist groups provided for in the estimates and not covered by other income;
2.		in the case of section 14 (2), in order to cover the expenses incurred by the Landeskammer, which are not covered by other income, and which are the result of the representation of the interests of the members of the trade association concerned,
3.		to cover the expenses of the trade associations provided for in the estimates and not covered by other income.

(2) The amount of the proportion of the basic conditions required to cover the expenses of the professional associations shall be equal to two thirds of the valid votes cast by the committees of the professional associations by 30 June of each year for the the following year. If these decisions are not taken in due time, the enlarged Bureau of the Federal Chamber decides.

(3) The basic situation shall be decided in accordance with the provisions of paragraph 5 of the expert group on the basis of the share of the professional association in the basic situation. The decision of the expert group on the basic situation requires the approval of the Presidium of the State Chamber. The authorisation shall be granted if the legal conditions are met.

(4) In the cases of Section 14 (2), the proportion of the State Chamber required to cover the effort referred to in paragraph 1 (2) shall be at the basic situation by the Bureau of the State Chamber in agreement with the relevant representatives by 15 April of each year. for the following year. The Extended Presidium of the Federal Chamber has to set maximum limits for the share of the state chambers in the basic situation after hearing the state chambers and the Federal Division. More detailed provisions can be made in the rearrangement order.

(5) In the cases referred to in Article 14 (2), the basic conditions for covering the expenses pursuant to subsection 1 (2) and (3) shall be based on the decisions of the Landeschambers pursuant to paragraph 4 of the Fachverbandsausschuss (Fachverbandsausschuss) with the majority of two thirds of the issued votes to be valid. The decision of the Technical Committee on the basic situation requires the approval of the enlarged Bureau of the Federal Chamber. The authorisation shall be granted if the legal conditions are met.

(6) In the cases referred to in Article 14 (2), the Presidia of the State Chambers may, in order to cover special expenses of the professional representatives not covered by the shares of the State Chambers in accordance with paragraph 4 above, on the basis of an application by the (s) Specialist representatives (s) decide on a special situation. Before applying for a special reason, the professional representative must inform the association in good time of the project and to explore the opinions of the members of the respective professional representatives in a suitable way.

(7) The basic situation is to be paid for any entitlement under § 2. This also applies if the membership of several specialist groups (professional associations) is justified by only one justification. The acquisition of an entitlement in accordance with § 2 shall be the same as the justification for a further establishment. In case of leased permissions, the basic situation is to be paid only by the tenant.

(8) The Economic Chamber of the State Chamber shall, after hearing the Division Presidium concerned, regulate in which specialist groups or professional representatives the holders of allowances for the technically unrestricted commercial and commercial trade shall be subject to change. In particular, the regulation has to take account of the extent of the particular product range concerned.

(9) The basic situation is without prejudice to the determination of the last sentence of paragraph 14, an indivisible annual turnover; it must also be paid in respect of the calendar year in which the entitlement is acquired or is obtained.

(10) The basic situation may be fixed:

1.		based on a generally easily defined tax base (for example gross wage and salary sum, turnover, average number of employees or resources, raw material use, social security contributions, Operating assets, number of premises or allowances) in one hundred or one thousand of the basis of assessment or with fixed amounts,
2.		in a fixed amount,
3.		in an even multiple combination of variants according to Z 1 and Z 2.

(11) The basis of assessment (s) of the basic situation per professional association and the respective specialist groups or professional representatives is (are) uniform. It shall be established by the Section of the Trade Association Committee in agreement with the expert groups and the professional representatives. If the agreement on (a) uniform basis of assessment (s) cannot be established, the enlarged Bureau of the Federal Chamber shall decide.

(12) Where the basic situation is fixed at a fixed amount, it shall be of a simple amount (standard rate), by physical persons, open trading companies, limited partnerships and registered commercial companies (normal rate) To pay persons in double height.

(13) Where the basic situation is fixed in a thousandth of the gross wage or salary sum or in a one thousand set of the turnover sum, it shall not exceed 10 vT of the gross salary and salary sum, or not more than 4 vT the sum of the total turnover; for all other variable bases of assessment and in the case of a combination of the variants referred to in paragraph 10 Z 1 and Z 2, the basic situation shall not exceed 4 vT of the sum of the total turnover; Exceeding these limits shall be permitted only in those cases where the basic situation is not more than EUR 6 500. If the basic situation is fixed exclusively in a fixed amount (par. 10 Z 2), it must not exceed EUR 6 500, even at twice the level of the standard rate. The maximum rates provided for in this paragraph shall apply to any entitlement pursuant to § 2.

(14) In the case of dormant allowances, if this condition applies for the entire calendar year, the basic position shall be fixed at the most at half the height. If membership of a specialist group is no longer than half of a calendar year, the basic situation for this calendar year must be paid only in half the amount. "

Section 126 (1) reads as follows:

" (1) The amount of the chamber relays shall be disclosed immediately after being fixed by the General Secretariat of the Federal Chamber to the Federal Ministry of Finance. The amount of the remuneration for the collection of these deposits is to be agreed by the Federal Chamber with the Federal Ministry of Finance; it shall not exceed four per cent of the amounts raised. The chamber relocations received shall be transferred to the chambers entitled to the surcharge in the circumstances of the transfer in accordance with Section 122 (1) of the Federal Chamber and in the case of the relocations pursuant to Section 122 (7) and (8). "

59. § 127 with headline reads:

" Pre-registration and collection of the basic situation, the special situation and the fees for special services

§ 127. (1) The basic situation and the special situation in accordance with Section 123 (6) are to be required by the directorate of the Landeskammer (Landeskammer) and to be raised. For the collection of the basic situation, a remuneration for the national chambers can be provided in the levy order, the amount of which may not exceed three per cent of the amounts raised. The basic situation and the special situation in accordance with § 123 (6) shall be due one month after the pre-written period. Charges for special services shall be charged with the provision of the special benefit, in the case of an advance of two weeks after the payment.

(2) The shares in the basic conditions of the trade associations (in the case of § 14 para. 2 the basic situation minus the shares of the state chambers in the basic situation pursuant to section 123 (4)) shall be immediately sent to the Federal Chamber in accordance with the conditions of the entrances. Transfer to the professional associations. The more detailed provisions are to be found in the system of rearrangement.

(3) In the case of non-timely payments, appropriate default interest rates may be provided for in the system of relays.

(4) The right to collect and compulsorily submit a due transfer of the kind referred to in paragraph 1 (basic situation, special reason pursuant to § 123 (6), fee for special benefit) and the right to recover undue diversion of the lawfully unlawfully paid transfer of the type referred to in paragraph 1 shall be refused in five years from the end of the calendar year in which the transfer has become due.

(5) The organisations responsible for the rewriting of the circumstances referred to in paragraph 1 above are granted for the provision of non-timely relocations in the administrative path (Section 1 (1) (3) and 3 (3) of the Law). Administrative Enforcement Act 1991, BGBl. No 53/1991). In order to recover non-timely relocations, a residue card shall be issued which shall contain the name and address of the repayment debtor, the amount recovered, the nature of the residue, and the endorsement, that the Leaving certificate shall not be subject to an enforceable law suit. The residue certificate is an outline in the sense of § 1 of the Executive Order, RGBl. No. 79/1896.

(6) Before issuing a certificate, the amount to be returned must be made in writing under a pre-written notice of a payment period. In the case of an additional fee, a flat-rate compensation for the administrative expenses incurred as a result of the payment procedure and the recovery procedure, as well as for the interest on arrears, can be imposed as an additional fee. The level of the flat-rate replacement rate shall be determined in accordance with the average expenditure of relevant procedures in the circulation orders of the state chambers.

(7) The circumstances referred to in paragraph 1 shall be reproduced in whole or in part in accordance with the principles laid down in the levy system, if the situation of the case in question would be incontenable. Decide on the Forbearable

1.		in the case of Grundumlagen der Fachgruppenobmann,
2.		in the case of charges for special services, the individual body of the respective body,
3.		in the case of special grunts according to § 123 (6) of the respective Spartenobmann.

(8) No ordinary appeal is admissible against a decision pursuant to paragraph 7.

(9) In accordance with Section 123 (5) of the Basic Law, the Fachverbandsausschuss decides on the basic situation, the provisions of paragraphs 7 and 8 shall apply mutatily, with the proviso that the respective national spartenobmann shall, in agreement with the specialist verbandsobmann, be informed of the intention to is to be decided.

(10) In order to pay the subsists referred to in paragraph 1, they shall, upon request, make all the information necessary for the conversion of the circumstances. If this obligation is not met in a timely and complete way, the advance must be made on the basis of an estimate. This shall be carried out in the light of the relevant circumstances. "

60. § 132 (3) reads:

" (3) The Federal Chamber shall have its own estimates (including the approved estimates of the trade associations) and the preliminary estimates of the regional chambers (including the approved estimates of the specialist groups) by the end of the year at the latest. Federal Minister for Economic Affairs and Labour. "

61. § 132 (5) reads:

" (5) In the event of an overrun of more than 20 per cent, a supplement shall be drawn up if the additional expenditure is not caused by additional income directly related to the additional expenditure or by the dissolution of the Reserves are covered. The provisions of para. 1 to 3 shall apply mutagenously for the approval and the provision of the supplementary estimates. "

62. § 132 (7) reads:

" (7) The Federal Chamber has its own accounts (including the approved financial statements of the trade associations) and the accounts of the regional chambers (including the approved accounts of the specialist groups) up to the Federal Minister of Economics and Labour at the latest by 31 July. "

Section 132 is added to the following paragraph 10:

'(10) The Court of Auditors is empowered to examine, in accordance with Art. 127b B-VG, the building of the public law bodies set up under this Act.'

Section 133 (1) reads as follows:

" (1) The enlarged Bureau of the Federal Chamber has to adopt a Financial Regulation for the organizations of the commercial economy, in which, in particular, the preparation of the preliminary estimates and financial statements, the pre-strike prospectuses, the use of the funds as well as the administration and asset of the assets of the organizations formed under this federal law. "

Section 133 is added to the following paragraph 3:

" (3) The Financial Regulation may, in the event of the merger of entities established under this Federal Law, provide that any assets and liabilities of the merged entities shall be conducted in separate accounting circuits. to ensure that the authority of the professions which have applied the funds is guaranteed and that the liabilities are fulfilled. "

Article 135 (1) reads as follows:

" (1) A control committee shall be set up at the Federal Chamber. The Supervisory Committee is called upon to control the building of all bodies and entities established under this Federal Act. The Supervisory Committee shall continue to examine the provision of legal entities to which, pursuant to Section 65b, tasks have been delegated for concern, if this does not exclude the relevant legislation governing these entities and a law which is subject to the provisions of this Federal Law , or together with other such entities, with at least 50 vH of the tribe, basic or equity capital. Such a financial participation is the mastery of legal entities by means of other financial or other economic or organisational measures established under this federal law and by entities established under this Federal Act. in the same way. The competence of the Supervisory Committee shall also cover legal entities of any further stage in which the conditions laid down in this paragraph are met. "

Section 135 (4) reads as follows:

"(4) The control committee shall also examine, in addition to the correct and legal validity, the economy, economy and usefulness of the building."

Section 135 (8) reads as follows:

"(8) The more detailed provisions shall be adopted by the Supervisory Committee."

69. In § 136 (1) the expression "Federal Minister for Economic Affairs" by the expression "Federal Minister for Economic Affairs and Labour" replaced.

70. § 136 (2) reads:

" (2) The supervision shall include concern for the lawful conduct of the business and the maintenance of the administrative order of the administration. The supervisory authority shall, in particular, be entitled, in the event of the handling of its supervisory law, to obtain the necessary information from the organisations involved in the commercial economy and to cancel decisions which are unlawful. The organisations concerned shall send their information to the supervisory authority immediately by means of the Federal Chamber. These information shall not be subject to the obligation of confidentiality in accordance with § 69. "

71. § 139 (1) reads as follows:

" (1) Each State Chamber may, by decision of the enlarged Bureau, establish an arbitral tribunal for disputes in which all Contracting Parties which have concluded the Arbitration Agreement at the time of conclusion of this Agreement shall be established. have their registered office or habitual residence in Austria. "

72. In § 140 the expression "Federal Minister for Economic Affairs" by the expression "Federal Minister for Economic Affairs and Labour" replaced.

73. § 141 (2) and (3) reads as follows:

" (2) The Rules of Procedure may stipulate that the provisions of this Federal Act shall be made subject to the availability of the content to be read under the Internet address to be established in the Rules of Procedure. The content published on the Internet must be accessible at any time without proof of identity and free of charge and must be able to be determined completely and in the long term in its written form.

(3) Unless the provisions of the Rules of Procedure have been made on the Internet, reference should be made to the approval of the Rules of Procedure of the Federal Chamber in the Landeskammer newspapers or in another publication organ accessible to all members. It shall also indicate where and when the Rules of Procedure may be adopted. '

74. § 141 (5) reads:

" (5) Decisions concerning the establishment of the chamber relocations, basic conditions, special conditions and fees for special services of the State Chambers and the specialist groups, as well as the decisions of the Federal Chamber and the trade associations, with which chamber relocations, Basic conditions and charges for special services are to be fixed in a suitable manner. The more detailed provisions are to be found in the Rules of Procedure of the Federal Chamber. "

75. The previous paragraph 3 of § 141 is given the name "4" .

76. § 142 with headline reads:

" Adaptation of applicable rules

Section 142. The maximum, minimum and fixed amounts laid down in this Federal Act may be adjusted by the Federal Chamber in accordance with changes in the consumer price index, which has been agreed by the Federal Institute of Statistics Austria, whereby changes are thus made. not to be taken into account for a long time, than they do not exceed 10% of the previous amount. "

77. § 148 deleted.

78. In § 151 the expression "Federal Minister for Economic Affairs" by the expression "Federal Minister for Economic Affairs and Labour" replaced.

(79) Article III shall be added to the following Articles IV and V, together with the heading:

" Transitional and final provisions

Article IV

§ 1. Until 30 June 2006, the enlarged Bureau of the Federal Chamber of the Federal Chamber of the Federal Republic of Germany has the criteria for the establishment of professional associations and of specialist groups as public authorities and for the revocation of Implementation of the decision-making decisions on the current and expected economic structure. The criteria for, in particular, the size (number of members) of the specialized organizations, the ability of the respective members to cover the expenses of the specialized organizations in a sustainable way, as well as for the economic significance and the interests of the Professional organisations are to be established in the interests of ensuring effective and efficient representation of the interests of the members concerned.

§ 2. By 30 June 2008 at the latest, the Federal Chamber of Economic Affairs of the Federal Chamber of Germany has to decide on a subject organization order corresponding to the criteria laid down in accordance with § 1, and for those on the entry into force of the Federal Law BGBl. I n ° 78/2006 as the following period of operation.

§ 3. The one at the time of the In-Force meeting of the Federal Law BGBl. I n ° 78/2006 applies to the entire organization of the Federal Law Gazette (BGBl) at the time of the entry into force of the Federal Law. I No 78/2006 current term of operation. It shall not be amended by the end of this period solely on the basis that the General Bureau of the Federal Chamber pursuant to Art. 15 (1) and § 43 (1) thereof is required to do so by a decision of the enlarged Bureau of the Federal Chamber. IV § 1 under more detailed conditions for the establishment of professional associations and specialist groups are not given.

§ 4. In calendar years in which the elections of the organs of the organizations of the commercial economy take place, the Bureau of the State Chamber in the cases of Section 14 (2) has the one to cover the effort in accordance with Section 123 (1) Z 2 in the version BGBl. I No To decide on the following year, in agreement with the respective specialist representatives, the proportion of the State Chamber required by the agreement with the relevant representatives by 30 May 2006.

§ 5. The Savings Conferences in accordance with § § 26 and 38 and the Fachverbandscommittees pursuant to § 48 remain until the end of the at the time of the in-force meeting of the Federal Law BGBl. I No 78/2006 on the composition of the present composition.

§ 6. (1) Will be held at the time of the entry into force of the Federal Law BGBl. I n ° 78/2006, two or more professional associations are joined together, and until the end of the period of operation, the specialised association committees shall form the subject verbal committee within the meaning of section 48 (1) (2) of the WKG (German WKG); Exceeding the number of maximum committee members of 32 allowed.

(2) The provisions of paragraph 1 shall apply mutaacally to the expert group committees (representatives) of the scope of action of the (new) professional association.

(3) In accordance with the provisions of paragraphs 1 and 2, the competent main electoral commission shall establish the composition of the Section of the Specialist Verbal Committee and shall have the members of the new Specialised Verbal Committee (Section Committee, Members of the Technical Representatives). can be leaned.

(4) A new election of the Obmannes of the Fachverband (Fachverband) and his deputy (re-election of the chairman of the specialist representatives) must be carried out after the main election commission has been made public.

§ 7. The one at the time of the In-Force meeting of the Federal Law BGBl. I n ° 78/2006 should be brought to an end in accordance with the legal situation in force at the time of the introduction.

In-force pedals

Article V

§ 1. Federal Law BGBl. I No 78/2006 shall enter into force, unless otherwise specified in the following, at the end of the day of its operation.

§ 2. Art. IV § 1 shall enter into force on 1 June 2006.

§ 3. § § 123 and 127 in the version of the Federal Law BGBl. I No 78/2006 shall be adopted on 1 January 2007. Jänner 2010 in force. They are before the end of the at the time of the in-force meeting of the Federal Law BGBl. I n ° 78/2006, only in accordance with the nature of the operating period. IV § 4. Except in this case, § § 123 and 127 are in the version BGBl. I n ° 153/2001 until the constitution of the collegiate bodies newly composed in 2010 as a result of the elections of the institutions of the business economy organizations.

§ 4. Section 15 (2) to (5), (8) and (9), as well as the new title of paragraphs 6 and 7, § 36 (3) (13) and (14) and (4), § 43 (1), 48 (4) and 65 (4) and (5), and the new title of paragraphs 6 to 8 in the version of the Federal Law BGBl. I No 78/2006 shall be adopted on 1 January 2007. Jänner 2010 in force. § § 15, 36, 43, 48 (4) and 65 are in the version BGBl. I n ° 153/2001 until the constitution of the collegiate bodies newly composed in 2010 as a result of the elections of the institutions of the business economy organizations. Decisions pursuant to § 36 Paragraph 3 Z 14 iVm § 36 paragraph 4 in the version of the Federal Law BGBl. I n ° 78/2006 can already be found in the Federal Law Gazette (BGBl). I n ° 78/2006, but only after the entry into force of § 36 of the German Civil Code (BGBl). I n ° 78/2006. "

Fischer

Bowl