53. Revelation of the Federal Chancellor concerning the amendment of the Rules of Procedure of the Federal Council

On the basis of Art. 37 (2) of the Federal Constitutional Law, the Annex the amendment of the Federal Council's Rules of Procedure, adopted by the Federal Council on 7 May 2015.

Faymann

Annex

The Rules of Procedure of the Federal Council of 30 June 1988, BGBI. No 361/1988, as last amended by the BGBI. I No 141/2011, shall be amended as follows:

1. In Section 7 (7), the word "estimate" by the word "Draft proposal" replaced.

(2) In § 10, the following paragraph 4 is inserted:

" (4) The decisions of the President pursuant to § 8 para. 2 iVm § 6 para. 2, § 10 para. 1 and 3 as well as § § 16 para. 1 Z 6 and section 2 Z 2 of the Information Order Act-InfOG, BGBl. I n ° 102/2014, and the regulations in accordance with § § 26 and 27 InfOG require the prior consultation in the Presidential Conference. "

3. § 13a (5) and (6) are:

(5) As soon as it is established that a project is to be dealt with as a agenda item in a meeting of the EU Committee in accordance with Section 13a, the President shall require the competent Federal Minister to provide written information in accordance with the provisions of the EU Information Law-EU-InfoG, BGBl. I No 113/2011.

(6) If a group represented in the committee so requests, the President shall request written information from the competent Federal Minister on a European document in accordance with the provisions of the EU's InfoG, BGBl. I No 113/2011. Each political group shall have at least three such requests in one year, and the President shall decide upon further request after consultation in the Presidential Conference. In addition, each political group may require written information on an imminent decision in matters pursuant to Article 5 (1) to (5) of the EU's InfoG, with the restriction that only such a request should be made for each decision to be taken. can be introduced.

4. § 13b (2) reads:

" (2) The deliberations of the EU Committee on projects within the framework of the European Union shall be confidential or secret if the rules of the European Union relating to the secrecy of such projects and/or documents relating to them are confidential or secret. , or the provisions of the InfOG require this. In any case, consultations and negotiations are confidential in which classified information of levels 1 and 2 according to the InfOG is used. Deliberations and negotiations in which classified information of levels 3 and 4 are used according to the InfOG shall be secret. "

Section 13b (4) reads as follows:

" (4) Each Federal Council and the Members of the European Parliament elected in Austria shall be entitled, subject to the provisions of Section 13b (2) and section 31 (2), to take part in the negotiations of the EU Committee on Projects within the framework of the European Union to be present in an advisory capacity. Confidential and/or However, only persons who belong to the committee as members or who are entitled to the classification level in question pursuant to § 16 InfOG or which are entitled pursuant to § 29 (1) and (2) or § 30 (2) may participate in secret meetings pursuant to § 13b (2). The Committee shall decide on the participation of other persons. They shall be held by the chairman of the committee on the maintenance of confidentiality and the consequences of the disclosure of protected information. "

6. In Section 13b (8), the reference " 6 " by reference " 7 " replaced.

7. § 13b is inserted after paragraph 10 of the following paragraph 11:

" (11) The chairman of the Committee shall decide on the extent of the logging of a committee meeting in which classified information is dealt with. The President shall ensure the safe custody of the Protocols. "

8. § 16 (1) reads:

" § 16 (1) Objects of the negotiations of the Bundesrat are:

a)			Legislative decisions (decisions) of the National Council;
b)			Projects in accordance with Art. 23e B-VG, by means of which the competent members of the Federal Government must inform the Federal Council;
c)			Self-employed applications from federal councils and self-employed applications by federal councils for the imposition of a lawsuit for breach of the principle of subsidiarity in accordance with § 21a;
d)			Templates of the Federal Government or its members;
e)			Reports by parliamentary delegations;
f)			Reports of the People's Office;
g)			Request to authorise the prosecution of persons for insulting the Federal Council;
h)			Self-employed requests from committees;
i)			Statements by the Federal Government or its members;
j)			Statements by the provincial authorities;
k)			statements by personalities of European and international politics;
l)			Elections (election proposals);
m)			Questions (response to questions);
n)			Inputs (petitions). "

9. In § 16 para. 2, the citation " 1 lit. i to l " through the citation " 1 lit. i to m " replaced.

10. § 18 reads:

" § 18. (1) After the entry of business items within the meaning of § 16 (1) (lit). a to h and m, documents and other parliamentary documents passed to the Federal Council, as well as after the handing over of written committee reports and minority reports, are to be distributed and distributed to all federal councils. Reproduction and distribution by electronic means is permissible if the electronic reproduction and distribution is carried out by electronic transmission to all federal councils. An electronic signature can also be used.

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

(3) Information on projects within the European Union shall be provided in accordance with the provisions of Articles 23e to 23j B-VG and the provisions of the EU's InfoG, unless these Rules of Procedure determine otherwise. Templates, documents, reports, information and communications on projects within the framework of the European Union which are not classified or classified as "Restreint UE/EU Restricted" shall be published in the EU database in accordance with Article 1 (2) of the EU InfoG. collected. The collection shall be deemed to be distributed in accordance with the Rules of Procedure

(4) The Federal Councils shall have access to documents, documents, reports, information and communications on projects within the framework of the European Union, in accordance with the conditions laid down by the EU's InfoG, or of the InfOG.

(5) InfOG shall apply to the handling and distribution of other documents, documents, reports, information and communications on projects within the framework of the European Union. "

11. In § 21 (2) and Article 21a (2), the sentence shall be deleted. "Each application shall be accompanied by at least four transcripts."

12. § 31 reads:

" Confidentiality and secrecy of the committee negotiations

§ 31. (1) Negotiations of the committees shall not be public. Sound and image recordings are not permitted. The committees may decide whether and to what extent their negotiations, or the decisions taken by them are confidential or secret. In any case, consultations and negotiations of a committee shall be confidential if classified information of levels 1 and 2 is used in accordance with the law on the provision of information. Deliberations and negotiations of a committee using classified information of levels 3 and 4 in accordance with the law on the provision of information shall be secret.

2. In the event of a confidential or secret negotiation, the Committee may also exclude members of the Federal Council which are not members of the Committee, except the Presidents and the chairmen of the political groups; such a decision shall be subject to a majority of at least two-thirds of the members of the committee present shall be required.

(3) The decision to confidentiality or secrecy of the negotiations shall be binding on all participants in the negotiations.

(4) Confidential and/or Only persons belonging to the Committee as members who are entitled to the classification level in question pursuant to Section 16 of the InfOG or those entitled under Section 29 (1) and (2) or Section 30 (2) may participate in secret meetings. The Committee shall decide on the participation of other persons. Such information shall be provided by the chairman of the committee on the maintenance of confidentiality and the consequences of the disclosure of protected information.

(5) The chairman of the committee shall decide on the extent of the logging of a committee meeting in which classified information is dealt with in accordance with paragraph 1. The President shall ensure the safe custody of the Protocols. "

13. In accordance with § 38a, the following § 38b is added:

" Participation of Members of the European Parliament elected in Austria in the negotiations of the Federal Council and its committees

§ 38b. The President may, after deliberation in the Presidential Conference, meet the members of the European Parliament elected in Austria, without prejudice to Section 13b (4), in all negotiations of the Bundesrat and its committees, which are to discuss EU issues , shall provide for a right of reproduction and shall determine the duration and form of the exercise of the right of law. "

Section 39 (5) reads as follows:

" (5) Each convocation of the Federal Council (continuation of a meeting interrupted for an indefinite period) and any determination (supplement) of the agenda shall be submitted in writing to all the Federal Councils. An electronic transmission within the meaning of section 18 (1) is permitted. In addition, the groups must also be notified. In exceptional cases, the agreement may also be made by deposit with the political groups or in any other appropriate manner (e.g. (b) press, radio or other means of communication. "

15. § 45 (7).

16. § 47 (7) reads:

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

17. In § 58, the following paragraph 6 is inserted:

"(6) The decision to give consent to a decision of the National Council concerning the InfOG shall require the presence of at least half of the federal councils and a majority of at least two-thirds of the votes cast."

18. § 59a para. 2 reads:

(2) A question referred to in paragraph 1 shall be submitted to the President in writing. It must be accompanied by the signatures of at least five federal councils, including the questioner, and shall contain information on the project to which it relates. The question is to be communicated to the respondent by the parliamentary directorate.

19. § 59a (4) reads:

(4) The respondent shall reply in writing to the President within twenty working days of the date of delivery of the request. If the respondent is not able to obtain the information requested, he shall state the reasons for this in the answer. Templates, documents, reports, information and communications relating to a project within the framework of the European Union, which are already available to the Federal Council pursuant to § 2 (1), 2 or 3 of the EU-InfoG, do not have to be cited by the respondent in the answer. .

Article 63 (2) reads as follows:

" (2) The requests provided for in the call shall be distributed and distributed in the meaning of section 18 (1). When the question is called, the question from the questioner is to be repeated orally. "

21. The title of § 65 reads as follows:

"Stenographical protocol and publications"

22. § 65 reads:

" § 65. (1) Stenographical protocols are written and published on the public meetings of the Federal Council. These protocols will have to fully reflect the negotiations. A Stenographic Protocol will only be drawn up through non-public negotiations if the Federal Council decides to do so. Whether and to what extent this protocol will be published will depend on the decision of the Federal Council which is still to be taken during the exclusion of the public. If no publication is made, the Stenographic Protocol shall be accompanied by the official minutes of the meeting.

(2) Each speaker shall, before the publication of his remarks, receive a record of the stenographic records for a reasonable period of time, in particular in accordance with the urgency of the matter, in order to make the corrections to be made by stylistic means. If no objections are raised or if the return does not take place within the time limit set, the minutes shall be published.

(3) A stylistic correction must not alter the meaning of the speech. In case of doubt, the President shall decide on the admissibility of a correction.

(4) The Stenographical Protocol also has a full list of all since the last meeting or negotiating items entered during the meeting with the indication of the date of the entry and the assignment.

(5) The Stenographic Protocol shall also include the appointment of committee members and the election of the chairmen and records of the committees as well as any subsequent amendments thereto.

(6) Concerts against the Stenographic Protocol shall be notified to the President who, if justified, shall have the effect of rectifying it.

(7) Legislative decisions (decisions) of the National Council, self-employed requests from federal councils, templates of the federal government or its members, reports of parliamentary delegations, requests for authorisation to prosecute persons for Insult to the Federal Council, self-employed requests from committees as well as written committee reports and minority reports, unless, in accordance with Section 18 (2), reproduction and distribution are dismissed, as supplements to the To issue stenographical protocols.

(8) The President may have all or individual parliamentary documents and materials relating to the Federal Council, as well as any other information relating to the Federal Council, be published on the website of Parliament. "

Section 70 (1) reads as follows:

" (1) If someone who is entitled to participate in the negotiations of the Bundesrat, violates the state of decency or the dignity of the Bundesrat, uses insulting remarks or does not comply with orders of the President, or does not comply with Confidentiality obligations under the InfOG, the President expresses the disapation of this by the call to order. "

(24) In § 72, the following paragraph 6 is inserted:

" (6) § 7 (7), § 10 (4), § 13a (5) and (6), § 13b (2), (4), (8) and (11), § 16 (1) and (2), § 18, § 21 (2), § 21a (2), § 31, § 38b, § 39 para. 5, § 47 para. 7, § 58 (6), § 59a (2) and (4), § 63 (2), § 65 and § 70 (1). XX.XXXX.2015 in force. At the same time, Annex I to the Rules of Procedure of the Federal Council concerning provisions relating to the handling and distribution of documents, documents, reports, information and communications on projects within the framework of the European Union (Distribution order EU-VO-EU). "