73. Bundesgesetz zur Establishment of the Austrian Research Promotion Agency with limited liability (Österreichische Forschungsförderungsgesellschaft mbH-Erdirecgesetz-FFG-G) and with the federal law for the promotion of research and Technology development (Research and Technology Promotion Act-FTFG), the Federal Act, the work on genetically modified organisms, the release and placing on the market of genetically modified organisms and the application of Gene analysis and gene therapy in humans are regulated (Genetic Engineering Act-GTG), the Federal Act on the number, the scope of action and the establishment of the Federal Ministries (Federal Ministries Act 1986-BMG) and the Federal Law on the Approval of the Federal Act for the Year 2004 (Federal Finance Act 2004-BFG 2004) (Research Promotion-Structural Reform Act)

The National Council has decided:

CONTENTS

Item	Subject matter
1	Federal Law, with which the Austrian Research Promotion Agency (Österreichische Forschungsförderungsgesellschaft)
	limited liability is established (Österreichische Forschungsförderungsgesellschaft
	mbH-Erdirectional-FFG-G)
2	Amendment of the Research and Technology Promotion Act-FTFG
3	Amendment of the Gentechnikgesetz-GTG
4	Amendment of the Federal Ministries Act 1986-BMG
5	Amendment of the Federal Finance Act 2004-BFG 2004

Article 1

Federal Law on the Establishment of the Austrian Research Promotion Agency with limited liability (Österreichische Forschungsförderungsgesellschaft mbH-Erdirectional Law-FFG-G)

Establishment of the Österreichische Forschungsförderungsgesellschaft mbH

§ 1. (1) The Austrian Research Promotion Agency (Österreichische Forschungsförderungsgesellschaft mbH) is hereby set up for the implementation of measures which are used for research, technological development and innovation in Austria (in the next series "Gesellschaft"). The company is born with the entry into force of this federal law. § 2 para. 1 of the Act on Companies with Limited Liability (GmbH-Gesetz-GmbHG), RGBl. No 58/1906, is not applicable. All shares of the company are owned by the federal government.

(2) The shareholders ' rights shall be exercised jointly by the Federal Minister for Transport, Innovation and Technology and by the Federal Minister for Economic Affairs and Labour. In matters relating to the European Framework Programmes for Research and Development and their accompanying programmes, the agreement with the Federal Minister for Education, Science and Culture is to be established.

(3) The stock capital of the company is 35 000, -- Euro and is to be paid by the Federal Minister for Transport, Innovation and Technology and the Federal Minister for Economic Affairs and Labour for half of the company before the company is registered. With the registration of transfers of assets in accordance with § 2 (1) to (4), the share capital is increased from EUR 35 000, -- EUR 14 535 000, -- EUR to 14 570 000, -- EUR in the company's book of the company. The new stock inlay created by the increase in the share capital in the nominal amount of 14 535 000, -- Euro shall be applied entirely by the transfer of the assets pursuant to § 2 para. 1 to 4.

(4) The seat of the company is Vienna. The fiscal year is the calendar year. The company is entitled to add the federal coat of arms to its company or the abbreviation of its company (including the logo).

(5) The Company is to be registered with the Commercial Court Vienna retroactively on the date of its creation to the Company Book under the apportionment of the Declaration of the Erdirections and the information required by GmbH-Gesetz-GmbHG.

(6) As far as this law does not contain any or no deviating provisions, the GmbH-Gesetz-GmbHG is to be applied to the company.

Transfer of assets

§ 2. (1) The assets of the Federal Act for the Promotion of Research and Technology Development (Research and Technology Promotion Act-FTFG), BGBl. No 434/1982 (WV), idF BGBl. No 71/2003, the Research Promotion Fund for the Industrial Economy (FFF) shall be established on 31 December 2003, at the same time as the final balance sheet, on 31 December 2003, with all the rights and rights of the Fund, Obligations, in particular the outstanding commitments and claims arising from the loans granted, are transferred to the company by means of the overall succession of rights. With the establishment of the company, the Fund is dissolved. With the acquisition of assets, these are based on § § 11a, 11b and 11c FTFG idF BGBl. I n ° 71/2003, which has been justified.

(2) The Gesellschaft zur Planning und Entwicklung von Technologiezentren GesmbH (TIG) shall be registered with the company's book number FN 165953 z in the Commercial Court of Vienna on the basis of the balance sheet as at 31 December 2003, which shall be: at the same time as the final balance sheet, with the expiry of 31 December 2003, excluding settlement by transfer of assets as a whole, it merged with all rights and obligations in the course of the overall succession to society.

(3) The Federal Minister of Finance is authorized to contribute the shares of the Federal Government to the Austrian Society for Space Affairs (ASA) in the company as a factual inlay.

(4) The assets of the BIT office for international research and technology cooperation (BIT) shall be transferred to the company on the basis of the financial statements of 31 December 2003 at the end of 31 December 2003, with all rights and obligations under way. the overall legal succession shall be transferred free of charge.

(5) In particular, the provisions of Sections 220, 220a, 220b, 220c, 221, 221a, 222, 223, 225 (2), 225a (2) of the Federal Law on Public Companies (Stock Corporation Act 1965), BGBl, are applicable to these capital transfers pursuant to paragraphs 1 to 4. No. 98/1965, in conjunction with Section 96 (2) GmbH-Gesetz-GmbHG and the provisions of § § 97 bis 100 GmbH-Gesetz-GmbHG [Act of the German Act], no application. § 6a GmbH-Gesetz-GmbHG and § § 52 and 53 GmbH-Gesetz-GmbHG, with the exception of the increase in the share capital of the company pursuant to § 1 (3), shall not apply, that the directors of the company are obliged to increase this increase of the company's capital. To register the company's share capital for entry into the company's book without requiring a declaration in accordance with § 52 Abs. 6 GmbH-Gesetz-GmbHG in conjunction with § 10 sec. 3 GmbH-Gesetz-GmbHG. The merger in accordance with § 2 para. 2 is included in the company's book of the transferring company and the accepting company, the capital transfers according to § 2 (1), (3) and (4) are included in the Company's Company Book analogously to § 3 Z 15 of the Company Book Act (FBG), BGBl. No 10/1991. Decisions of the institutions of the FFF and of the BIT for the transfer of assets to the company are not required.

(6) All special authorisations, authorisations and concessions of the entities referred to in paragraphs 1, 2 and 4 shall be applied to the company. If the laws, regulations or directives of the Federal Government refer to the entities referred to in this paragraph, the company shall be replaced by the respective entity. All rights and obligations of these entities from international agreements and state contracts shall be assumed by the company in relation to the federal government, such rights and obligations shall remain with the Federal Government in the external relations.

(7) For the purpose of registering the capital increase in the Company Book, the annual financial statements of the TIG, the FFF and the BIT, which are established and audited according to the commercial principles, are to be submitted.

Tasks of the Company

§ 3. (1) The task of society is to promote research, technology, development and innovation (RTD) for the benefit of Austria.

(2) The company shall be entitled to carry out and process any measures and activities that are used for RTD funding. These include in particular:

1.		-promotion of research and development projects of natural and legal persons;
2.		Implementation of strategic support measures and programmes for RTD;
3.		Promotion of cooperation between science and industry;
4.		Support of the Austrian economy and science in all aspects of participation in European and international research and technology operations;
5.		Representation of Austrian interests in relation to the relevant European and international institutions on behalf of the Federal Government;
6.		Support of the Federal Government in the design and development of RTD funding measures and programmes;
7.		Raising public awareness of the importance of RTD.

(3) In the performance of its tasks, the Company shall observe the principles of economy, economy and expediency.

(4) The question of a balanced gender ratio should be given particular attention when ordering the institutions and advisory councils.

§ 4. (1) Funding shall be awarded in accordance with the principles of transparency, independence and fairness.

(2) For the implementation and implementation of support measures, the relevant Federal Ministers for their effective area shall, in agreement with the Federal Minister of Finance, adopt directives which meet the specific requirements of: RTD Projects Considered. In any event, the promotion guidelines shall contain provisions on the subject of the promotion, the eligible costs, the personal and objective conditions for obtaining the support, the type and extent of the support, the amount of a subsidy. any payment (in particular liability or processing charges), the proceedings and the place of jurisdiction. The competition rules of the European Union must be observed. The directives are to be found in a suitable form, but in any case in the Official Journal to the Wiener Zeitung. For reasons specific to the specific nature of the aid in question, in particular on account of the extent of such directives, the presentation may be limited to the indication that directives have been adopted and where this view is taken into account. or where such can be obtained.

(3) In the course of the overall succession, the Company shall also take over the existing guidelines of the transmitting institutions at the time of the transfer of assets (§ 2). The measures implemented on the basis of existing directives of the institutions to be carried out shall be taken over and continued.

(4) The company whose declaration of establishment has to provide for the granting of long-term investment credits for research purposes to the industrial economy in Austria as a main purpose of the company is entitled to grant loans in accordance with Section 5 (3) (b) of the German Act on the Granting of long-term investment credits for research purposes 2 Z 2 of the Federal Law on the Management of the ERP Counterpart Funds (ERP-Fonds-Gesetz), BGBl. No 207/1962, as last amended by BGBl. I No 133/2003.

Financing

§ 5. The financing of the company is made up of:

1.		Grants awarded to it by the Federal Government for the implementation of operational measures to fulfil the work programme in accordance with the funds provided for these purposes in the annual Federal Finance Act;
2.		Grants awarded by the Federal Government to cover the administrative expenses incurred by it in the fulfilment of its work programme, in accordance with the funds provided in the respective Federal Finance Act;
3.		Charges for the provision of services to third parties;
4.		revenue from contract contracts;
5.		other public or private benefits;
6.		other revenue.

Supervisory Board

§ 6. (1) The Company has a Supervisory Board. The Supervisory Board consists of ten members. In the event of a tied vote, except in the case of decisions to be taken unanimously or by a qualified majority, the Chairman of the Supervisory Board shall be the vote of the Chairman.

(2) The Federal Minister of Transport, Innovation and Technology shall appoint the Chairperson and another Member, the Federal Minister for Education, Science and Culture shall appoint the Deputy Chairman of the Supervisory Board. A member of the Supervisory Board is sent by the Federal Minister of Economics and Labour, the Federal Minister of Finance, the Austrian Chamber of Commerce, the Association of the Austrian Industry, and the Federal Chamber of Labour. Two other members with entrepreneurial experience will be appointed by the Federal Minister for Transport, Innovation and Technology and by the Federal Minister for Economic Affairs and Labour.

(3) The Chairman of the Supervisory Board shall have a business experience.

(4) The Chairman and Deputy Chairman of the Council for Research and Technology Development and the Chairman of the Supervisory Board of the Fund for the Promotion of Scientific Research (Science Fund) are the meetings of the Advising supervisory board for advice.

(5) The relevant provisions of the Federal Act concerning the Labour Constitution (Arbeitsverfassungsgesetz-ArbVG), BGBl, are posted on the posting of the members of the company's employee representation. No 22/1974.

Management

§ 7. (1) The company has two managing directors. The Federal Minister of Transport, Innovation and Technology and the Federal Minister for Economic Affairs and Labour have the right to reserve the right to appoint a member of the Executive Board. The appointment and the convocation shall be subject to the approval of the Supervisory Board. § 30g (4) of the last half-sentence GmbHG is to be applied in a reasonable way. In case of special urgency, the managing directors can also be dismissed without the approval of the Supervisory Board.

(2) On the appointment of the managing directors, the Federal Act on Transparency in the Recruitment Of Vacancies in the State-related Business Area (Stellenstaffungsgesetz), BGBl. I No 26/1998, Application.

(3) The Federal Minister of Transport, Innovation and Technology and the Federal Minister for Economic Affairs and Labour jointly have the opportunity to make the necessary investments for the appointment of the first management of the company. , in particular, to jointly carry out the vacancy notice and to set up the order and desiration file.

Programmes and Business Concept

§ 8. (1) The Society shall be responsible for the objectives and principles of the entire research and technology policy, in particular the research strategies of the Federal Government, multi-annual programmes for the implementation of the tasks referred to in § 3. to create.

(2) Multi-annual programmes shall be operationalised through annual work programmes. By 30 September each year, the company shall submit a work programme including the annual budget for the following year and preliminary accounts. For 2005, an interim work programme will be available at the latest by 31. The Commission shall submit for approval in October 2004

(3) The programmes shall be prepared by the managing directors, decided by the Supervisory Board and shall be submitted for approval to the Federal Minister for Transport, Innovation and Technology as well as the Federal Minister for Economic Affairs and Labour. With regard to the European Framework Programmes for Research and Development, these Federal Ministers have reached agreement with the Federal Minister for Education, Science and Culture. 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.

(4) The first multi-annual programme shall be submitted no later than 12 months after the entry into force of this Act. At the same time as the first multi-annual programme, the company has a corporate concept, which has been approved by the Supervisory Board, for the further development of the company and its business units, the Federal Minister for Transport, Innovation and Technology. technology as well as the Federal Minister of Economics and Labour for approval.

Planning and reporting system and data protection

§ 9. (1) The Management Board shall ensure the establishment of a planning and reporting system that ensures compliance with the reporting requirements in accordance with the statutory provisions and the guidelines pursuant to Section 15b (2) of the Federal Act on the leadership of the federal budget (Federal Budget Act-BHG), BGBl. No 213/1986, and allows for an evaluation of the objectives, measures and objectives of the programme.

(2) The relevant Federal Ministers shall be provided with the necessary data for the performance of their planning, strategy and controlling tasks. At the request of the competent Federal Ministers, the company shall report and submit proposals.

(3) The Company shall, through appropriate measures, ensure that the exchange of the necessary for cooperation and coordination with the Fund for the promotion of scientific research and other support facilities carried by the Federation Information is provided.

(4) The employees of the company, the members of the institutions and advisory councils and the experts shall be aware of the facts which they are aware of in the course of their work for the company and whose secrecy shall be subject to the right of confidentiality. Interest of the company or of a sponsoring agent is committed to secrecy. Data may only be transmitted to third parties if federal legislation provides for this or if the person concerned has expressly and unequivocably agreed to the transmission.

Business Areas

§ 10. (1) The Management Board is responsible for setting up business units (areas) and advisory councils in agreement with the Supervisory Board. The approval of the Rules of Procedure requires the approval of the Federal Minister of Transport, Innovation and Technology and the Federal Minister for Economic Affairs and Labour.

(2) A separate accounting system shall be set up for each area for the operational appropriations. In the reporting system of the company, the services for the federal government and other entities are to be presented in separate accounting circles.

(3) The Advisory Councils shall be used to advise the company and the Rules of Procedure following the technical decision of individual projects (in particular in accordance with § 3 (2) (1) (1)). The design of the advisory councils is determined by internal organizational guidelines.

(4) All workplaces of the company constitute a uniform operation within the meaning of Section 34 of the Labour Constitution Act-ArbVG.

Liability provisions

§ 11. (1) The Federal Minister of Finance is authorized to contractually oblige the Federal Government to hold the company harmless if it is to fulfil its obligations in connection with the promotion of research projects by the Transfer of liabilities has to be made, which cannot be covered by means of the liability reserves in accordance with paragraph 4 above. This contract has to settle the conditions for taking over the liability of the federal government on the basis of paragraphs 2 to 5 and § 12, as well as the structure and use of the liability reserves in accordance with paragraph 4. The conclusion of this contract requires the approval of the Federal Minister of Transport, Innovation and Technology and the Federal Minister for Economic Affairs and Labour.

(2) The Federal Minister of Finance shall be entitled to assume obligations pursuant to paragraph 1 only up to a total amount of 145 345 668, -- EUR in capital plus interest and costs, which shall be a total amount of 145 345 668. On a case-by-case basis, the Federal Minister of Finance may only assume an obligation of up to 3,633 641, -- EUR in capital plus interest and costs, and for a term of not more than ten years. Furthermore, the Federal Minister of Finance may only establish obligations in individual cases if the entire Obligo of the funded company secured by the Fund does not amount to EUR 7 267 283, -- Euro to capital plus interest and costs. exceeds.

(3) The Company may enter into a liability without any loss of liability of the Federal Government pursuant to Section 1 of the Total Bligo in accordance with Section 2 of the General Law. The total bligo of these liabilities shall not exceed 109 009 251, -- Euro in capital plus interest and costs.

(4) The Company shall set up accounts for liability reserves for liabilities pursuant to para. 1 and 3 and shall be responsible for doping with at least four per cent of the respective liability obliges.

(5) The Federation may be used by the Company from its obligations pursuant to paragraph 1 only in so far as the sum of the charges on the account in this respect in accordance with paragraph 4 above exceeds the sum of the credits.

(6) Der vom Bund gem. Section 11a (1) FTFG concluded with the FFF enters into the company within the framework of the overall succession of rights as set out in § 2. Should this contract be modified or re-concluded, this requires the approval of the Federal Minister of Transport, Innovation and Technology and the Federal Minister for Economic Affairs and Labour.

§ 12. (1) In order to safeguard the rights and interests of the federal government, the Federal Minister of Finance has to appoint a representative and a deputy of the authorized representative in matters relating to the assumption of liability. Section 76 (9) of the Banking Act-BWG, as amended, is to be applied to the representative (deputy) in accordance with the applicable law.

(2) The assumption of the obligation of the federal government pursuant to § 11 is the consent of the authorized representative (deputy).

(3) The Company has the consent of the Representative (Deputy) to request and indicate whether the statutory, statutory and other conditions for the acceptance of the obligation of the Federation are available. The representative (deputy) shall examine the information provided by the company for plausibility and may, if necessary on the basis of the large number or extent of the cases, limit himself to the taking of samples. He shall deliver an opinion within 14 days. If the representative (deputy) refuses consent, the company may, within eight days, calculated from the date of refusal of consent, request the Federal Minister of Finance to obtain the consent. If such a request is not made in due time or if the Federal Minister of Finance confirms the refusal of consent, the company shall not accept the liability. The approval shall be deemed to have been granted if the Federal Minister of Finance does not take a decision within two weeks after the application of the company has been received.

(4) The authorized representative and his deputy shall have the right to inspect the documents and data carriers of the company in so far as it is necessary for the performance of their tasks pursuant to paragraphs 2 and 3.

§ 13. § 66 (2) of the Federal Budget Act-BHG is not to be applied to obligations relating to the loss of damages, which the Federal Minister of Finance assumes in accordance with this Federal Act.

Charges and waiving of fees

§ 14. (1) The use of the assets of the entities referred to in § 2 para. 2 to 4 shall be deemed to be used for non-profit purposes within the meaning of § 39 Z 5 of the Federal Act concerning general provisions and the procedure for those of the tax authorities. Federal Tax Code (BAO), Federal Law Gazette (BGBl). No. 194/1961.

(2) The task of carrying out the tasks in accordance with § § 3 and 4 required legal transactions are exempt from the legal fees, with the exception of the court and judicial administration fees.

(3) Free gifts to the company are exempt from the inheritance and gift tax. The transfer of the assets according to § 2 and services of the Federal Government for the performance of the tasks of the company mentioned in § 3 are exempt from the company tax.

(4) Guided tours to the reserves formed in accordance with § 11 (4) are tax-deductible. In this respect, the resolution of the reserves is effective in terms of control, as the feed has been deductible.

Representation through the financial procuration

§ 15. The Company is entitled to take advantage of the advice and representation of the financial procuration against remuneration.

Linguistic equality

§ 16. To the extent that designations relating to natural persons are referred to in this Federal Act only in male form, they relate to both sexes in the same way.

In-force pedals and enforcement

§ 17. This federal law will enter into force on 1 September 2004.

§ 18. (1) With the enforcement of this federal law are entrusted:

1.		with regard to § 2 (3) and § § 11 to 15 of the Federal Minister of Finance,
2.		as regards Section 4 (1) of the relevant Federal Ministers, in agreement with the Federal Minister for Finance,
3.		as regards Section 6 (2) of the Federal Minister of Transport, Innovation and Technology, or the Federal Minister for Economic Affairs and Labour, or the Federal Minister for Education, Science and Culture, or the Federal Minister of Finance,
4.		as regards Section 14 (2) of the Federal Minister of Justice,
5.		in respect of the other provisions of the Federal Minister for Transport, Innovation and Technology and the Federal Minister for Economic Affairs and Labour, in respect of the second sentence of section 1 (2) and the second sentence of § 8 (3). Federal Minister for Education, Science and Culture.

§ 19. Insofar as this federal law refers to provisions of other federal laws and is not otherwise intended, these are to be applied in their respectively valid version.

Article 2

Amendment of the Research and Technology Promotion Act-FTFG

The Federal Law for the Promotion of Research and Technology Development (Research and Technology Promotion Act-FTFG), BGBl. No 434/1982, as last amended by BGBl. I No 71/2003, shall be amended as follows:

1. The heading before § 1 in Section I is:

"Fund for the promotion of scientific research"

2. In § 1, the word sequence shall be deleted "and the economic and technical research" .

3. § 2 reads:

" § 2. A "Fund for the Promotion of Scientific Research" (subsequently: "Science Fund"), with its head office, will be used to promote research, which is intended to further develop the sciences in Austria and not to profit. Vienna. The Science Fund has its own legal personality; it is entitled to lead the Bundeswappens. "

4. § 3 reads:

" § 3. In order to carry out its tasks, the Science Fund shall have:

a)			Grants awarded to him by the Federal Government for the implementation of operational measures for the performance of the work programme (§ 4a) in accordance with the funds provided for these purposes in the annual Federal Finance Act,
b)			Grants awarded to him by the Federal Government in order to cover the administrative expenses incurred by him in the fulfilment of the work programme (§ 4a), in accordance with the funds provided in the respective Federal Finance Act,
c)			Charges for the provision of services to third parties,
d)			Revenue from contract agreements (§ 4 lit. e);
e)			from other public or private grants. "

5. According to § 3, the title shall be: "Section II Funds for the promotion of scientific research" Section IIIa shall be deleted in Section II, Section IV to Section III, Section V to Section IV.

6. § 4 reads:

" § 4. (1) The tasks of the Science Fund are as follows:

a)			the promotion of research projects of individual or more natural persons in any appropriate way;
b)			The management of the funds infused by the Science Fund (§ 3);
c)			Annual refund of a report on the activities of the Fund in the previous calendar year and on the situation of scientific research (§ 2) and its needs to be expected for the next calendar year, including a longer-term foresight on the needs of scientific research, in particular with regard to their cultural, social, economic and environmental importance; the report is the Federal Minister for Economic Affairs and the Federal Minister for Economic Cooperation and Development (Bundesminister) for transport, innovation and technology by 31 March of each year;
d)			to raise public awareness of the importance of scientific research and its promotion, in particular through new forms of participatory communication;
e)			Execution of research funding and implementation of programmes on a contractual basis in the name and on the account of the federal government in accordance with separate financial resources to be provided.

(2) The question of a balanced gender ratio should be given particular attention when ordering the institutions and advisory councils. "

7. In accordance with § 4, the following § 4a is added:

" § 4a. (1) The Science Fund, taking into account the objectives and principles of the whole-country research and technology policy, in particular the research strategies of the federal government, has multi-annual programmes for the implementation of the Create tasks. The multi-annual programmes shall be operationalised through annual work programmes.

(2) The programmes shall be submitted to the Supervisory Authority for approval; the work programmes shall be submitted by 30 September of each year. Upon approval of the programmes, the Supervisory Authority has to coordinate with the Federal Minister of Education, Science and Culture, with the further development of basic scientific research and of the Universities are to be taken into consideration. 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. "

8. In § 5, the word "Fund" by the word "Science Fund" replaced, at the end of the lit. c replace the point with a dash and the following lit. d is added:

" (d)			the Supervisory Board (§ 5a). "

9. In accordance with § 5, the following § 5a is inserted:

" § 5a. (1) The Supervisory Board consists of seven members. Three members will be elected by the Assembly of Delegates, two members will be elected by the Federal Minister for Transport, Innovation and Technology and a member of the Federal Minister for Education, Science and culture. Another member shall be appointed by common accord of the six members of the Supervisory Board. If, within six weeks after the appointment of the six members, there is no consensual appointment of the other Member, the Supervisory Authority shall have a reasonable grace period. If this is unsuccessful, this member of the Supervisory Board shall be appointed by the Federal Minister or by the Federal Minister for Transport, Innovation and Technology in agreement with the Federal Minister for Education, Science and Education, and To order culture on the basis of a tripartil proposal to be drawn up by the Council for Research and Technology Development. The proposed persons are or have been in positions of responsibility in society, in particular in science, culture or business, and may contribute to the To achieve the objectives and tasks of the Science Fund. Members of the Federal Ministry of Education and Research and the members of the Council of the Council for Research and Technology Development are not allowed to belong to the proposal. The meetings of the Supervisory Board are to be considered by the Chairman of the Supervisory Board of Österreichische Forschungsförderungsgesellschaft mbH for advice.

(2) The Supervisory Board shall elect from its members a Chairperson or a Chairperson and a Deputy or Deputy, with one or one of the two having to be a member of the Supervisory Authority and the or the chairman is to have both scientific expertise and entrepreneurial experience. The members of the Supervisory Board may not be members of the Delegates ' Meeting, the Bureau, or the Board of Trustees.

(3) The function period of the members shall be three years. A re-appointment for the immediately following function period is only allowed once. If a member of the Supervisory Board is given early retirement, a new member shall be appointed for the remainder of the term of office in the same way as the member of the retired member.

(4) The Supervisory Board shall be responsible for:

a)			Decision-making on the closure of accounts and the annual estimates;
b)			Appointment of an auditor or auditor;
c)			consent to the appointment and to the convening of the management;
d)			a call for tenders for the function of the President and the three Vice-Presidents and the creation of a tripartity proposal for the function of the President or President;
e)			Decision-making on an appropriate allowance for the members of the Bureau and the speakers;
f)			Decision-making on its Rules of Procedure and approval of the rules of procedure of the other institutions;
g)			Resolution on multi-annual programmes and annual work programmes in accordance with § 4a. "

10. § 6 reads:

" § 6. (1) The Assembly of Delegates shall be members as voting members:

a)			the members of the Bureau (§ 8);
b)			A representative from the academic staff of the universities (§ 6 of the University Act 2002, BGBl. I n ° 120/2002);
c)			a real member of the philosophical-historical and the mathematical-natural sciences class of the Austrian Academy of Sciences;
d)			four representatives appointed by the Federal Minister for Transport, Innovation and Technology, or representatives from the field of non-university research institutions, and
e)			a representative or a representative of the Austrian High School.

The one in the lit. b to e mentioned representatives are to be sent for three years. For each of these members of the Assembly of Delegates, a Deputy or Deputy shall be sent for three years. Any ordinary or alternate member may exercise his/her function only by three successive periods of operation; the re-dispatch for a later operating period shall be permitted.

(2) The representatives of the universities referred to in paragraph 1 lit. b have one to three votes, depending on the size of the universities. The weighting of votes is to be determined by regulation of the Federal Minister of Education, Science and Culture.

(3) The Assembly of Delegates shall be responsible for:

a)			Decision-making on the rules of procedure for the Assembly of Delegates, Presidium and Board of Trustees;
b)			the resolution on the report in accordance with Article 4 (1) (c);
c)			the election of the President or of the President on the basis of a tripartite proposal of the Supervisory Board pursuant to Section 5a (4) (4) (lit). d and the three Vice-Presidents pursuant to Section 8 (2) on a proposal from the President or the President;
d)			the election of the referees and their deputies pursuant to § 7 para. 2;
e)			the election of the members of the Supervisory Board pursuant to Section 5a (1). "

11. § 7 reads:

" § 7. (1) The Board of Trustees shall be members of the Board of Trustees:

a)			the members of the Bureau (§ 8);
b)			a maximum of 30 speakers.

(2) The function of the speakers is to be made public by the Praesidium, following the definition of the scientific fields by the Assembly of Delegates. On a proposal from the Presidium, the Assembly of Delegates has to elect a speaker and a deputy or deputy for a functional period of three years, each in each field. Each speaker or deputy and each deputy or deputy may perform their function or function only through three successive periods of operation; the re-dispatch for a later operating period shall be permitted. The one referred to in paragraph 1. b) The members of the Board of Trustees may not be members of the Supervisory Board, the Delegates ' Meeting or the Bureau.

(3) The Board of Trustees is responsible for

a)			the decision on the promotion of research projects;
b)			the preliminary consultation of the report pursuant to § 4 para. 1 lit. c, as well as the multi-annual and work programmes according to § 4a;
c)			the creation of guidelines for funding programmes of the Science Fund. These are to be published in a suitable form, but in any case in the Official Journal of the Vienna newspaper. "

12. § 8 reads:

" § 8. (1) The Bureau shall consist of the President or the President and the three Vice-Presidents.

(2) The functions of the President or of the President and of the three Vice-Presidents shall be made public by the Supervisory Board. The President or the President and the three Vice-Presidents shall be elected by the Assembly of Delegates in secret ballot with a two-thirds majority of the members present for a period of three years. The President shall be the President of the Supervisory Board in accordance with Section 5a (4) (4) of the Supervisory Board. d. the three-way proposal, the Vice-Presidents, shall be elected on a proposal from the President or the President. If a two-thirds majority is not reached in two ballots, the candidate or candidate who has received the most votes in another ballot shall be deemed to be elected. The functions in the Bureau can be exercised for a maximum of three successive functional periods.

(3) The Bureau shall be responsible for:

a)			the convening of the Assembly of Delegates and the Board of Trustees;
b)			the application to the Assembly of Delegates in the affairs of § 6 para. 3 lit. a and b;
c)			the appointment and dismise of the management board, subject to the approval of the Supervisory Board;
d)			the implementation of the decisions of the Assembly of Delegates, the Board of Trustees and the Supervisory Board;
e)			preparation of a proposal for the election of the speakers and their alternates pursuant to § 7 para. 2;
f)			Preparation of a proposal for the report according to § 4 para. 1 lit. c, as well as the multi-annual and work programmes according to § 4a;
g)			Decision-making in all matters which are not expressly reserved for another institution of the Science Fund.

(4) The Bureau shall be quorum in the presence of at least three Members. It shall take its decisions with a simple majority of votes of the members who are entitled to vote. In the event of a tie, the voice of the chairman or of the chairman shall indicate the rash. "

13. § 9 reads:

" § 9. The President or the President is the legal representative of the Science Fund. She or he invites to the meetings of the Assembly of Delegates and the Board of Trustees on the basis of appropriate decisions of the Presidium pursuant to § 8 para. 3 lit. a. The President or the President shall chair the Assembly of Delegates and the Board of Trustees. In the event of her or his prevention, she or he shall be represented by one or one of the three vice-presidents. "

14. § 10 reads:

" § 10. (1) The Bureau shall be responsible for the handling of all the operations of a Secretariat. The management of the Secretariat is the responsibility of a management board, consisting of one or two persons, which is to be ordered on the basis of a public tender. The appointment shall require the approval of the Supervisory Board in order to ensure that the order is legally effective. The term of office of the persons responsible for the management is a maximum of five years. Repeated orders are allowed.

(2) The Bureau may revoke the appointment to the Managing Director if there is an important reason. Such a reason is, in particular, a gross breach of duty or an inability to properly conduct business. The convening requires the approval of the Supervisory Board in order to ensure that it is legally enforceable.

(3) The management shall be bound by the instructions of the President or of the President. "

15. Section III (§ § 11 to 16) is repealed.

16. § 16b (1) reads:

" (1) The Austrian Research Promotion Company mbH, the Austria Economic Service GmbH or other appropriate institutions shall be responsible for the handling of the funding pursuant to § 16a of the German Federal Ministry of Education and Research (Bundesministern). to use.

17. In § 16b (2) (1) to (3) and (Z 5) the word order shall be "The Contractors" through the phrase "The Contractors" replaced.

18. § 16e reads:

" § 16e. The Federal Minister for Transport, Innovation and Technology, and the Federal Minister for Economic Affairs and Labour have each in agreement with the Federal Minister for Finance, or the Federal Minister for Finance, for the to adopt their funding guidelines. The one based on the Innovation and Technology Fund Act (ITFG), BGBl. N ° 603/1987, as last amended by the Federal Law BGBl. I No 71/2003, unless a special limit is provided for in the relevant Directive, no later than 31 December 2005. '

19. According to § 16e, the following § 16f is inserted:

" § 16f. Until the Federal Minister or the Federal Minister for Economic Affairs and Labour, the Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology), the Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) have adopted their own directives in agreement with the Federal Minister of Finance, or the Federal Minister of Finance, issued guidelines for the sphere of action of the Federal Minister for Economic Affairs and the Federal Minister for Economic Affairs and Labour. "

20. § 17 reads:

" § 17. (1) The "Council for Research and Technology Development" (hereinafter referred to as the "RTD Council") is set up as a legal person under public law for strategic advice to the Federal Government in the field of research and technology development. RTD Council bodies are the General Assembly and the Management Board.

(2) The seat of the RTD Council is Vienna. Its range of activities extends to the entire Federal territory. He is entitled to lead the federal coat of arms. The RTD Council is not focused on profit. Its fiscal year is the calendar year. Immediately after the entry into force of the Federal Law BGBl. I n ° 73/2004, the RTD Council is to be notified by its managing director at the Commercial Court of Vienna for entry in the company's register.

(3) The RTD Council, as its own legal entity, shall consist of 1 September 2004. This is currently owned by the Federal Government and by the Office of the Council for Research and Technology Development in the version of the BGBl. I n ° 71/2003, movable property used for the performance of the tasks of the Council, including all rights, legal relationships, obligations, claims and debts, shall be used with the entry into force of the Federal Law BGBl. I n ° 73/2004 as a legal successor to the RTD Council by means of the full succession of rights. For existing contracts, a right of increase of the landlord is excluded from this occasion.

(4) The previous voting and advisory members of the RTD Council shall remain in office as members of the Council's Assembly. Their term of operation ends on 6 September 2005.

(5) The officials or officials employed at least predominantly in the Research and Technology Development Board's office on 31 August 2004 may be allocated to the RTD Council for the duration of the service by 31 December 2004.

(6) The supervision of the service, including the exercise of the relevant instructions on the subject, shall be carried out by the chairman or chairperson of the Council meeting, who shall be responsible for the duties assigned to him or her in this function. is bound by the instructions of the Federal Minister of Economics or the Federal Minister of Transport, Innovation and Technology.

(7) If a civil servant or a civil servant has a fixed-term employment relationship with the RTD Council, she or she shall be on a leave of absence for the duration of his or her service against the removal of the remuneration. The leave of absence of an official or an official for this reason may not exceed a total of ten years. "

21. § 17a reads:

" § 17a. (1) The Council's Assembly shall consist of eight voting members, including the Chairman or Chairperson. Furthermore, the Federal Minister for Transport, Innovation and Technology, the Federal Minister for Education, Science and Culture, the Federal Minister for Education, Science and Culture, the Federal Minister for Transport, Innovation and Technology, the Federal Minister for Transport, Innovation and Technology, or the Federal Minister for Transport, Innovation and Technology Federal Minister for Economic Affairs and Labour and the Federal Minister of Finance or the Federal Minister for Finance or the Federal Ministers of the Federal Republic of Germany, sent representatives.

(2) Four of the members entitled to vote shall be appointed by the Federal Minister or by the Federal Minister for Transport, Innovation and Technology and four by the Federal Minister for Education, Science and Culture for a Functional period of five years ordered. The balance of the relationship between experts from Germany and abroad, as well as experts from the field of university and non-university research and/or non-university research. of business-related research and technology is to be respected. A one-time reorder is allowed. In the event of a member of the Council meeting leaving, the same Federal Minister or the same Federal Minister shall also appoint a new member for a period of five years.

(3) The constituent meeting of the Council meeting will be convened by the Federal Minister for Transport, Innovation and Technology, or by the Federal Minister for Transport, Innovation and Technology. The Council meeting shall elect, with a simple majority of votes, a chairperson or a vice-chairman and a deputy or a deputy of the chairman from the centre of the eight members entitled to vote. "

22. § 17b reads:

" § 17b. (1) In the context of strategic advice, the Council meeting shall, in particular, be responsible for the following tasks:

1.		advising the federal government and, if requested, also a federal minister or a federal minister or a federal state government on all issues relating to research, technology and innovation,
2.		the preparation of proposals for a long-term Austrian strategy for research and technology development and a review of the gradual implementation,
3.		the preparation of proposals for priorities for the national research and technology programmes and for the funding policy of all research, innovation and technology-oriented institutions with the participation of the Federal Government,
4.		the submission of recommendations for strengthening Austria's position in international research and technology cooperation operations,
5.		Autonomous reimbursement of proposals for national research and technology programmes, taking into account international research and technology programmes of all research, innovation and technology-oriented institutions with the participation of the Federation,
6.		drawing up proposals to improve cooperation between industry and science, in particular by bringing together university research and applied research and technological development in enterprises;
7.		the preparation of proposals for monitoring all research, innovation and technology-oriented institutions with the participation of the federal government, taking into account international standards.

(2) The members of the Council meeting shall not be bound by any instructions in the performance of the tasks assigned to them in accordance with paragraph 1.

(3) The proposals and recommendations of the Council meeting are to be discussed with the Federal Ministers of the Federal Republic of Germany and the Federal Ministers of the Federal Republic of Germany. The RTD Council has to make the proposals and recommendations available to the public. At least once a year, a report is to be reported by the RTD Council to the Federal Government, to which it is the National Council's report. In addition to the proposals and recommendations, the report also includes an activity report of the RTD Council. "

23. § 17c reads:

" § 17c. In the context of the management of the RTD Council, the Council meeting shall, in particular, carry out the following tasks:

1.		Appointment and dismise of the Managing Director or the Managing Director,
2.		Decision-making on a point of order for the RTD Council. This is to be published in a suitable form, but in any case in the Official Journal to the Wiener Zeitung.
3.		Approval of financial and personnel planning (§ 17e para. 1 Z 3),
4.		Appointment of a statutory auditor or auditor for the annual financial statements (certified auditor and tax adviser or certified auditor and tax adviser or an audit and tax consulting firm),
5.		Decision-making on the audited financial statements. This is to be presented to the Federal Minister of Transport, Innovation and Technology at the latest by 31 March of each year. "

24. § 17d reads:

" § 17d. (1) The RTD Council shall be in a position to handle all business activities of a business unit. The management of the office is responsible for the management.

(2) The managing director shall not be a member of the Council meeting. The duration of the function of the managing director shall not exceed five years. Reorder is allowed. The Federal Act on transparency in the staffing of the state-run business unit (Stellenstaffungsgesetz), BGBl, applies to the appointment of the management board. I No 26/1998, application. '

25. § 17e reads:

" § 17e. (1) The Management Board shall, in particular, carry out the following tasks:

1.		Management of the office according to the principles of economy, economy and usefulness;
2.		Establishment of a commercial accounting system,
3.		Preparation of a financial and personnel planning for the next year in accordance with the funds provided for in the respective Federal Finance Act until the last of November of each calendar year,
4.		Preparation of the annual financial statements under the appropriate application of § § 189 to 243 of the German Commercial Code, German Federal Law Gazette (dRGBl). S 219/1897.

(2) The management shall be subject to the instructions of the Council meeting. In matters relating to the ordinary management, the right of instruction shall be exercised by the chairman or the chairman of the council assembly, in the event of prevention by her or his deputy, or by her or his deputy.

(3) The management shall be liable in the performance of its duties for the care of a prudent businessman. "

26. § 17f reads:

" § 17f. The RTD Council will be represented at the conclusion of legal transactions by the Management Board. In the performance of the duties according to § 17b as well as in the case of contracts with the management, the chairperson or the chairman of the council assembly shall represent, in the event of prevention, her or his deputy or her or his deputy. "

27. § 17g reads:

" § 17g. (1) The Federal Minister for Transport, Innovation and Technology, the Federal Minister for Transport, Innovation and Technology, has provided the RTD Council with the resources necessary to carry out its tasks, in accordance with the resources provided for in the respective Federal Finance Act. To be made available. To this end, the RTD Council has until 31 May of each year of each year the Federal Minister for Transport, Innovation and Technology a financial and human resources planning approved by the Council meeting for the next year for approval. .

(2) If services are provided to third parties (natural or legal persons who are not assigned to the federal government), a cost-covering performance fee shall be charged.

(3) The members of the Council meeting shall be entitled to an appropriate allowance for compensation, which shall be the subject of a regulation by the Federal Minister for Transport, Innovation and Technology, in agreement with the Federal Minister for Transport, Innovation and Technology, or the Federal Minister for Foreign Affairs and Security Policy. Federal Minister for Education, Science and Culture, and the Federal Minister of Finance, or the Federal Minister of Finance, is to be defined. "

28. § 17h reads:

" § 17h. (1) The RTD Council is subject to the supervision of the Federal Minister of Transport, Innovation and Technology of the Federal Minister of Transport. The supervision extends to compliance with the laws and regulations and to the building of the RTD Council. The Federal Minister of Transport, Innovation and Technology is entitled to carry out verifications and to see the documents requested by her or him. The institutions of the RTD Council shall, in this context, be required to provide all relevant information and to submit business items. Instructions required by the Federal Minister for Transport, Innovation and Technology are to be given in written form by the Federal Minister or the Federal Minister for Transport, Innovation and Technology, and to the management and in matters of § 17c to the Chairman or Chair of the Council's Assembly.

(2) In awarding contracts, the RTD Council has the Federal Act on the award of contracts (Bundesvergabegesetz 2002-BVergG), Federal Law Gazette (BGBl). I n ° 99/2002.

(3) The building of the RTD Council is subject to the audit of the Court of Auditors. The Federal Government does not accept any liability for the rights and obligations established on behalf of the RTD Council. "

29. The heading to Section IV is:

"Other provisions"

30. § 18 reads:

" § 18. (1) In all matters falling within its scope under this Federal Act, the Science Fund has to report and submit proposals to the relevant Federal Ministers at the request of the Federal Ministers. The necessary data for the fulfilment of their planning, strategy and controlling tasks are to be provided to you. According to § 7 of the Federal Act of July 1, 1981, the grant of the funds granted is via the Research Organisation in Austria and on amendments to the Research Promotion Act (Forschungsorganisationsgesetz-FOG), BGBl. No 341/1981, by way of the supervisory authority of the Federal Minister of Education, Science and Culture.

(2) The Science Fund shall make provision for the appropriate dissemination and exploitation of the results of the funded research projects, unless, for reasons of national defence or in accordance with § 13 of the Patent Law 1970, BGBl. No 259/1970, a secrecy or a publication is not appropriate for the protection of trade secrets. '

31. § 19 reads:

" § 19. The Science Fund shall take appropriate measures to ensure that the exchange of information required for cooperation and coordination with the Austrian Research Promotion Agency (Österreichische Forschungsförderungsgesellschaft mbH and others) is carried out by the Federal Government. Conveyor systems are guaranteed. "

32. § 21 reads:

" § 21. (1) On the occasion of the grant of a grant, the Science Fund has to reserve the right to replace a contribution or a loan that has not yet been repaid after dismissal, and both from the date of payment to 3. Percentage points above the base interest rate shall be galvanic if:

a)			the Science Fund has been deceived or incomplete in the light of major circumstances; or
b)			the research project has not been carried out, or has not been carried out in good time, by a fault of the recipient or the recipient of the funding, or
c)			the promotion is used in violation of the law or the success of the project does not comply with conditions or conditions resulting from the fault of the recipient or the recipient of the funding, or does not reimburse any reports provided for or provided for in the project; or Evidence is not provided.

(2) The use of grants and loans in accordance with the specific requirements shall be reviewed on an ongoing basis and after the completion of the research project.

(3) Research equipment which has been purchased exclusively from non-refundable funds shall be provided by the recipient of the funding or by the recipient after the conclusion of their research project or research project for further, by means of the Science funds to keep research projects available. Such equipment may only be sold with the consent of the Science Fund, the proceeds of which shall be deducted from the Science Fund. "

33. In § 22 (1) and (2), the word order shall be § § 5 and 12 " in each case by the expression "§ 5" replaced.

34. In Section 22 (2), the phrase "the two Funds" through the phrase "the Science Fund" replaced.

35. § 22 (1) last sentence reads:

"The members of 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."

36. In § 23, the phrase " Fund for the promotion of scientific research and/or of the Research Promotion Fund for the Industrial Economy " by the expression "Science Fund" replaced.

37. § 24 reads:

" § 24. The institutions and the services of the Federal Government and of the Länder, the statutory representations of interest and the universities are required to provide the Science Fund with the information required for the fulfilment of its obligations, upon request. and to support it in terms of its effectiveness. The Science Fund is committed to the same behaviour in relation to these bodies. "

38. § 25 reads:

" § 25. (1) The Science Fund shall be supervised by the Federal Minister of Transport, Innovation and Technology in its management and building. The oversight includes concern for the regularity of the management of the business and the maintenance of the proper aisle of the administration as well as the control of the building. The Supervisory Authority shall repeal decisions of the institutions of the Science Fund which do not require their authorisation if they are contrary to existing rules. In such a case, the institutions of the Science Fund shall act in such a way as to immediately establish the legal status corresponding to the legal opinion of the supervisory authority with the means legally required by them.

(2) The decisions of the institutions of the Science Fund shall be subject to the approval of the supervisory authority in the following matters:

a)			Closure of accounts and annual estimates;
b)			Conclusion of legal transactions relating to a permanent or multi-annual burden on the Fund, provided that such obligations are not covered by reflows of loan guarantees or from the other assets of the Fund.
c)			Conclusion of legal transactions subject to a permanent or multi-annual burden on the Fund, provided that these obligations have not been approved under the work programmes referred to in Section 4a or from the other assets of the Fund.
d)			Multi-annual and work programmes (§ 4a).

(3) The Supervisory Authority shall have the right to participate in the meetings of the Delegates ' Meeting 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 Authority without delay. The supervisory authority shall, at its request, be required to submit the files relating to the articles it has designated and to provide the information it wishes to provide. In particular, the management of the Science Fund of the Federal Minister of Science or the Federal Minister of Transport, Innovation and Technology has all the necessary measures for the fulfilment of the obligations of the Republic of Austria in accordance with EU state aid law. To provide reports, reports and information as well as the data necessary for the documentation and information to be carried out on 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. "

39. § 26 reads:

" § 26. (1) The Science Fund and the Council for Research and Technology Development shall be subject to tax law such as public bodies; free gifts to them shall not be subject to the inheritance and gift tax. The writings and official acts initiated by this federal law are exempt from the stamp fees and the federal administration levy.

(2) The grant loans granted by the Science Fund under the provisions of this Federal Law are exempt from the fees in accordance with § 33 of the tariff post 8 of the Fees Act of 1957. "

40. The VI. Section becomes section V and reads as follows:

" SECTION V

Final provisions

Data protection

§ 27. The staff of the Science Fund, the members of the institutions and the experts shall be aware of the facts which they are aware of in the course of their work for the Science Fund and the secrecy of which shall be taken into account in the valid interest of the Science Fund or of a sponsoring agent or of a sponsoring agent is committed to secrecy. Data may only be transmitted to third parties if federal legislation so provides, or if the person concerned has expressly and unequivocably agreed to the transmission.

Referrals to other federal laws

§ 28. Insofar as this federal law refers to provisions of other federal laws and nothing else is intended, these are to be applied in their respectively valid version.

In-and Out-of-Force Trees

§ 29. (1) § 11 para. 1 lit. c last half sentence, § 17 para. 4 lit. b, § 25 para. 1 first sentence, § 25 para. 4 as well as § 28 in the version of the Federal Law BGBl. No 1105/1994. 1. Jänner 1995 in force.

(2) § 11a (2) and (3) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 32/2002 will enter into force 1. Jänner 2002 in force.

(3) § § 16a to 16e in the version of the Federal Law BGBl. I No 71/2003 will enter into force on 1 July 2003.

(4) § 1, § 2, § 3, § 4, § 4a, § 5 lit. d, § 5a, § 6, § 7, § 8, § 9, § 10, § 16b para. 1, § 16b para. 2 Z 1 to 3 and Z 5, § 16e, § 16f, § 17, § 17a, § 17e, § 17f, § 17g, § 18, § 19, § 21, § 22, § 24, § 25 and the V section in the Constitution of the Federal Law BGBl. I n ° 73/2004, enter into force on 1 September 2004.

Transitional provisions applicable to the Science Fund

§ 30. (1) The existing bodies of the Science Fund shall continue to conduct business until the constitution of the new institutions is carried out in accordance with the provisions of paragraphs 2 to 4 above.

(2) The Assembly of Delegates shall be newly constituted until 30 November 2004 and shall elect the three members of the Supervisory Board in accordance with Section 5a (2). Up to this point, the members of the Federal Minister for Transport, Innovation and Technology and the Federal Minister for Education, Science and Culture, or the Federal Minister for Education, Science and Culture, are also members of the Federal Ministry of Education, Science and Culture. Supervisory Board to nominate.

(3) The Supervisory Board shall have up to 31. Jänner 2005 and the invitation to tender of the functions of the President and of the three Vice-Presidents pursuant to Section 8 (2) and a tripartite proposal for the function of the President or the President Presidents.

(4) The Assembly of Delegates shall elect the members of the Executive Committee immediately after the repayment of the tripartite proposal for the President or the President by the Supervisory Board in accordance with paragraph 3.

(5) The regulation in accordance with § 6 para. 2 is for the first time by the Federal Minister for Education, Science and Culture, or by the Federal Minister for Education, Science and Culture, until 1. October 2004.

Enforcement

§ 31. With the enforcement of this federal law are entrusted:

1.		as regards § § 1 and 24 the Federal Government;
2.		with regard to § § 16a, 16c and 16d the Federal Minister of Transport, Innovation and Technology, with regard to § § 16b, 16e and 16f the Federal Minister for Transport, Innovation and Technology or the Federal Minister for Transport, Innovation and Technology Federal Minister for Economic Affairs and Labour, but with regard to § 16e, in agreement with the Federal Minister for Finance or the Federal Minister for Finance.
3.		as regards § 17g (3), the Federal Minister for Transport, Innovation and Technology, in agreement with the Federal Minister for Education, Science and Culture and the Federal Minister for Education, Science and Culture, and the Federal Minister for Transport, Innovation and Technology, or the Federal Minister for Transport, Innovation and Technology Federal Minister for Finance;
4.		as regards Section 26, the Federal Minister of Finance or the Federal Minister of Finance and, in so far as these are federal administrative duties, the Federal Chancellor or the Federal Chancellor;
5.		in respect of the other provisions, the Federal Minister of Transport, Innovation and Technology. "

Article 3

Amendment of the Gentechnikgesetz

The Federal Act, which regulates the work with genetically modified organisms, the release and placing on the market of genetically modified organisms and the use of gene analysis and gene therapy in humans (Gentechnikgesetz-GTG), BGBl. No 510/1994, as last amended by BGBl. I No 94/2002, shall be amended as follows:

1. In Section 89 (2), the word order shall be "the Research Promotion Fund for the commercial economy" through the phrase "der Österreichischen Forschungsförderungsgesellschaft mbH" replaced.

Article 4

Amendment of the Federal Ministries Act 1986

The federal law on the number, scope of action and the establishment of the federal ministries (Federal Ministries Act 1986-BMG), Federal Law Gazette (BGBl). No. 76/1986 (WV), as last amended by BGBl. I No 17/2003, shall be amended as follows:

1. In Part 2, Section K Z 13 of the Appendix to § 2, the word order shall be "the Research Promotion Fund for the Industrial Economy" through the phrase "der Österreichischen Forschungsförderungsgesellschaft mbH" replaced.

2. The fourth sub-project in Part 2 Section L Z 1 of the Appendix to § 2 reads:

"Industrial and industrial research; affairs of the Österreichische Forschungsförderungsgesellschaft mbH."

(3) The following paragraph 16 is added:

" (16) Section K Z 13 and Section L Z 1 of Part 2 of the Appendix to § 2 in the BGBl version. I No 73/2004 will enter into force on 1 September 2004. '

Article 5

Amendment of the Federal Finance Act 2004

The Federal Finance Act 2004, BGBl. I n ° 42/2003, as last amended by BGBl. I n ° 37/2004, is amended as follows (4. BFG-Novelle 2004):

1. In Article X, paragraph 1, Z 2, the following is inserted after the proposal for a preliminary draft 1/65326:

"1/65328 (for research and development offensive)"

2. In the Federal estimate (Annex I), the following is inserted after the preliminary draft of 1/65326:

"1/65328/12 expenses"

Fischer

Bowl