Law on the establishment of a Federal Office for the Digital Radio of the Authorities and Organizations with Security Tasks (BDBOS-Law-BDBOSG)

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BDBOSG

Date of completion: 28.08.2006

Full quote:

" BDBOS Law of 28 August 2006 (BGBl. 2039), as last amended by Article 3 (2) of the Law of 7 August 2013 (BGBl). I p. 3154).

Status:

Last amended by Art. 3 sec. 2 G v. 7.8.2013 I 3154

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.9.2006 + + +) 

  

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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

§ 1 Establishment, purpose, seat

(1) In the division of the Federal Ministry of the Interior, a federal institution of public law (Bundesanstalt) is established. It bears the name "Bundesanstalt für den Digitalfunk der Authorities und organizations mit Sicherheitsaufgaben" (Bundesanstalt für den Digitalfunk der BOS-BDBOS) (Federal Institute for Digital Radio of the BOS-BDBOS). The purpose of the Federal Institute is the establishment and operation of a nationwide uniform digital speech and data radio system for public authorities and organisations with security tasks (digital radio BOS) in the Federal Republic of Germany. (2) The Bundesanstalt has its headquarters in Berlin. Unofficial table of contents

§ 2 Task, users of the Federal Institute

(1) The Bundesanstalt has the task of setting up, operating and ensuring its operability to the digital radio of the authorities and organisations with security tasks (digital radio BOS). It performs its tasks only in the public interest. The digital radio station BOS is to be available to the authorities and organisations with security functions of the federal government and, in accordance with the administrative agreement according to § 7, the authorities and organizations with security tasks in the countries. The Directive pursuant to Section 57 (4), first sentence, No. 2 of the Telecommunications Act lays down the authorities and organizations with security responsibilities (users) authorized to participate in the digital radio station BOS. (2) The Federal Agency shall be responsible in accordance with the conditions laid down in the Administrative agreement according to § 7 joint contracting authority of the Federal Government and the Länder for the digital radio station BOS. (3) The Federal Office may entrust enterprises with the establishment and operation of the digital radio system BOS. (4) The Federal Ministry of the Interior may be responsible for Legal Regulation with the consent of the Federal Council Rules on the limitation of liability of commissioned companies to meet third parties on the basis of the impairment of the quality of service of the digital radio station BOS. Unofficial table of contents

§ 3 Institutions

(1) The institutions of the Federal Institute shall be the President or the President and the Administrative Board. (2) The tasks and powers of the institutions shall be determined by the Statute, insofar as they are not governed by this Act. Unofficial table of contents

§ 4 President or President

(1) The President or the President shall carry out the operations of the Bundesanstalt on its own responsibility in accordance with this Act and the Articles of Association. She or he shall take the decisions of the Board of Directors and represent the Federal Institute in court and out of court. (2) The President or the President shall be appointed for a period of five years at the time of the time of the official or temporary official. Repeated appointments are possible. (3) The President or the President has a Permanent Representative (Vice-President) or a Permanent Representative (Vice-President). Unofficial table of contents

§ 5 Board of Directors

(1) A board of directors shall be formed at the Federal Institute. He shall supervise the management by the President or the President and shall assist them in the performance of their duties or duties. He is responsible for the decision on the basic affairs of the Federal Institute. Details are laid down in the statutes. The President shall inform the Management Board on a regular basis of the Management Board. (2) The Administrative Board shall adopt its rules of procedure. (3) The Federation and each country shall each receive a seat on the Board of Directors. The Board of Directors shall be chaired by the member representing the Federal Government. The voting distribution in the Board of Directors regulates the statutes. The decisions of the Board of Directors require the approval of the member representing the Federal Government in the cases provided for in the Statute. (4) The members of the Board of Directors and their representatives shall be represented by the Federal Ministry of Justice. Within a period of four years, the interior is ordered. Repeated orders are possible. For the members of the Länder and their representatives, the respective country shall have the right to be appointed in accordance with the administrative agreement in accordance with § 7. The members of the Board of Directors and their representatives must fulfil the conditions for eligibility to the German Bundestag. (5) The members and their representatives may, by written declaration, be able to: to the Federal Ministry of the Interior. A convocation of members by the Federal Ministry of the Interior shall take place if the conditions of the order no longer exist; the convening of a member of the appoints country designated by a country shall be subject to the convening of the appointment. (6) If a Member, a representative or a representative is to be appointed, a successor or successor shall be appointed without delay. For this purpose, paragraphs 4 and 5 shall apply accordingly. Unofficial table of contents

§ 6 Statute

(1) The Federal Institute shall have a statute. The Articles of Association shall be adopted by the Management Board. It requires the approval of the Federal Ministry of the Interior and is published in the Joint Ministerial Gazan. (2) The statutes include in particular provisions to be incorporated into the

1.

the organization of the Federal Institute,

2.

the duties and powers of the President, Vice-President and Vice-President,

3.

the tasks and powers of the Board of Directors and its members, as well as on the distribution of votes in the Administrative Board,

4.

the economic management, including accounting and accounting.

The Articles of Association may not depart from the provisions of the Administrative Agreement according to § 7. Section 109 (2), second sentence, of the Federal Budget Code shall apply. Unofficial table of contents

Section 7 Administrative agreements

The participation of the countries in the digital radio system BOS is regulated in an administrative agreement between the Federal Government and the Länder. In particular, provisions shall be adopted on:

1.

the principles of cooperation between the Federal Government and the Länder,

2.

the participation of the countries in the establishment and operation of the BOS digital radio, in particular through the Management Board,

3.

the details of the financing of the digital radio station BOS as well as the special purpose and financing of the Federal Institute (§ 9).

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§ 8 Supervision

The Federal Institute is subject to the supervision of the Federal Ministry of the Interior. Unofficial table of contents

§ 9 Purpose, financing

The Bundesanstalt is a special purpose for the performance of the tasks assigned to it in accordance with § 2. The Federal Institute is responsible for the expenses of the Federal Government and the Länder. The details are governed by the administrative agreement according to § 7. Unofficial table of contents

Section 10 Economic plan, medium-term planning

(1) The President shall make up to 31 December 2008. October of each year, an economic plan for the following financial year, which shall:

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a success plan,

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an investment and financial plan;

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an overview of the posts and posts, and

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a transfer invoice for revenue and expenditure

. Together with the economic plan, the President shall draw up a medium-term planning (success, investment and financing preview) covering the plan year and at least three subsequent financial years. Fiscal year is the calendar year. The President or the President shall immediately submit to the Administrative Board the economic plan and the medium-term planning. The economic plan shall be established by the Management Board. It requires the approval of the Federal Ministry of the Interior in agreement with the Federal Ministry of Finance. Unofficial table of contents

Section 11 Accounting, annual accounts

(1) The Bundesanstalt books in accordance with the rules of commercial accounting. (2) The President or the President of the Federal Institute shall, after the end of the financial year, draw up an annual financial statement and a management report in accordance with the principles of commercial law. (3) The Board of Directors determines the annual financial statements and decides on the discharge of the President or of the President pursuant to § 109 (3) sentence 2 of the Federal budget regulation. (4) More details are laid down in the statutes. § 109 (2) sentences 3 and 4 of the Federal Budget Code shall apply. Unofficial table of contents

§ 12 Auditing of accounts, application of the budgetary law

(2) § § 7, 9 and 24 of the Federal Budget Code as well as the provisions of Part III of the Federal Budget Regulations apply accordingly with the exception of the § § 38 (3) The Bundesanstalt is entitled to sell claims against third parties in order to carry out its duties, provided that the debtor is responsible for all charges incurred. and costs. The Federal Ministry of the Interior is not entitled to take up loans. (4) The Federal Ministry of the Interior is authorized, in agreement with the Federal Ministry of Finance, to make further exceptions to the application of the provisions of the Federal Budget Code with the consent of the Committee on Budgets of the German Bundestag. Unofficial table of contents

§ 13 Officials and Officials

(1) The Federal Institute has the ability to carry out its duties in accordance with § 2 of the Federal Civil Service Act. (2) The Federal Office may, with the consent of the Federal Ministry of the Interior, its powers and responsibilities, including the decision on appeals. the areas of remuneration, aid, supply, travel and removal costs, severing money and the associated automated processing of personal data in whole or in part, against the reimbursement of administrative costs to the authorities in the The Federal Ministries are responsible for the transfer of business. The transfer is to be made known in the Joint Ministerial Gazan. Unofficial table of contents

§ 14 Employees, apprentices

The collective agreements and other provisions applicable to employees, employees and trainees of the Federal Government are to be applied to the employees, employees and trainees of the Federal Institute of Labour. Section 13 (2) shall apply. Unofficial table of contents

§ 15 Abuse of network-specific hazards, monitoring

(1) Where there is an urgent need to protect the functioning and the day-to-day operation of the BOS digital radio, the President or the President shall be empowered to provide the network required in each individual case for the prevention of risks to the digital radio station BOS; operating-related arrangements. In particular, the President or the President of the Bundesanstalt

1.

employees of the Federal Institute provide access to buildings, facilities and computer systems which are of importance for the operation of the network;

2.

take control of such systems,

3.

To exclude third parties from access to buildings, facilities and computer systems or from the control of such systems.

The arrangement referred to in the first sentence shall be implemented by the competent police or regulatory authority at the request of the President or the President. A general request is admissible. In this case, the conditions for action shall be determined by prior agreement. The other provisions and principles of mutual assistance shall remain unaffected. (2) Regulations referred to in paragraph 1 shall be limited to the period in which the risk continues. In addition, § § 15 to 20 of the Federal Police Act shall apply. (3) If a person suffers damage to his property as a result of a legal order pursuant to paragraph 1, he shall be granted a reasonable compensation to the extent that he/she does not damage the property. (4) The Bundesanstalt has the power to check the security of the digital radio system BOS and its components. For this purpose, it may request the necessary information, in particular also on technical details, as well as documents and data carriers of the operator or a third party commissioned with operating services, and of this, copies, excerpts, printouts (5) The fundamental rights of the Member States of the European Union shall be subject to the following conditions: or copies, including data carriers, for the production or printing of electronically stored data, for the entry of land and premises and for the use of facilities for use in the digital radio broadcasting system BOS. physical integrity (Article 2 (2) sentence 1 of the Basic Law), the Freedom of the person (Article 2 (2) sentence 2 of the Basic Law) and the inviolability of the apartment (Article 13 of the Basic Law) are restricted by the preceding paragraphs. Unofficial table of contents

§ 15a Certification of terminal equipment

(1) In the digital radio BOS, only terminals which have been suitably certified by the Federal Institute for this purpose are used. The Bundesanstalt is entitled to take the necessary measures to prevent the use of the BOS digital radio by means of non-certified terminals. On the basis of the performance characteristics published in accordance with Article 15b (1), the Bundesanstalt shall certify a terminal equipment as being suitable for the digital radio BOS if:

1.

it has the mandatory performance characteristics, including certain electromagnetic and mechanical properties,

2.

including all other optional features, its accessories and the applications installed on it, with the BOS digital radio, in particular with its network elements and other terminals, to operate interoperable and without interference is,

3.

the use of the terminal is not contrary to other public-law provisions; and

4.

the issue of the certificate does not preclude overriding public interests, in particular the security policy interests of the Federal Republic of Germany.

(2) The Federal Institute shall decide upon the written request of the manufacturer or supplier of a terminal for the granting of a certificate. The verification of compliance with the requirements referred to in the first sentence of paragraph 1, points 1 and 2, shall be carried out by a competent authority from a Member State of the European Union or another State Party to the Agreement on the European Union. Economic area. It shall be commissioned by the manufacturer or supplier and shall carry out the test on the basis of the test criteria laid down by the Federal Institute and published in accordance with Article 15b (1) of the Legal Regulation. The Federal Institute may also carry out the examination itself. The applicant shall submit the documents required for the issuing of the certificate, in particular the test report of the examination office, to the Federal Institute and shall provide the information necessary for the issuing of the certificate. The applicant shall deliver two pieces of the terminal to be certified free of charge at the Federal Institute; in the case of complete failure of the certificate, the Federal Institute shall return one of the individual items to the applicant. The certificate lists the performance characteristics and applications of the terminal to which the certificate relates. Sentence 6 shall not apply if the terminal to be certified is a mobile or stationary radio control centre. (3) Any substantial change in an already certified terminal, in particular by changing a Performance feature, requires recertification. In this case, the certificate may be limited to the changed performance feature or to the other components of the terminal affected by the change. It may only be granted if, despite the change, the terminal continues to meet the requirements laid down in the third sentence of paragraph 1. Changes to an already certified terminal which, in the opinion of the manufacturer or supplier, are insignificant and therefore do not require the certification according to the first sentence, must be notified to the Federal Institute. The Federal Institute decides whether the displayed changes are insignificant. A displayed change shall be deemed to be insignificant if the Federal Office does not take a different decision within a period of three months after receipt of the notification. The further information on the classification of a change as essential or insignificant is governed by the legal regulation in accordance with § 15b (1) sentence 1, point 4. (4) On request, the Federal Institute may grant a temporary and spatially limited authorisation to the Use of a non-certified terminal in the digital radio BOS if there is a legitimate interest of the applicant and the concerns of the digital radio BOS, in particular the assurance of its functionality, to the non- conflict. The authorisation provided for in the first sentence may be revoked in the event of a disturbance or impairment of the BOS digital radio. Opposition and action against the revocation shall have no suspensive effect. (5) By way of derogation from the first sentence of paragraph 1, terminal equipment may not be allowed until the expiry of the transitional period laid down in the legal regulation pursuant to Article 15b (1), first sentence, point 3, shall also be prohibited. a certification in the digital radio station BOS will be used, unless its use evokes a disturbance of the digital radio BOS. If the use of the digital radio is disrupted by BOS, the Bundesanstalt shall be entitled to take the necessary measures pursuant to the second sentence of paragraph 1 in order to prevent further use of the terminals. Unofficial table of contents

Section 15b Decree of legal orders; appeals fees

(1) The Federal Ministry of the Interior shall adopt, by means of a legal regulation, provisions concerning the details of the certification procedure and the content of the certificates referred to in § 15a (1) to (3), in particular on:

1.

the requirements for the application, the sequence of processing of applications, the obligation to carry out the application of applicants, and the publication of certificates issued,

2.

the form and conditions of a publication of the German Federal Agency

a)

performance characteristics, including the associated specifications, which may also relate to operability;

b)

Classification of individual performance characteristics as imperative,

c)

further requirements pursuant to section 15a (1) sentence 3, point 2, and

d)

Test criteria in accordance with § 15a (2) sentence 3,

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the duration of the transitional period referred to in § 15a (5); the transitional period shall end at the latest by 31 December 2011,

4.

The standards for the classification of an amendment to an already certified terminal as essential or insignificant and the details of the notification in accordance with § 15a (3) sentence 4.

The Federal Ministry of the Interior may transfer this authorisation to the Federal Institute by means of a legal regulation. (2) For public services which are individually attributable pursuant to § 15 (1) and (15a), fees and charges shall be charged to cover the administrative burden. Levied. The Federal Ministry of the Interior is authorized, in agreement with the Federal Ministry of Finance, to determine, by means of a legal regulation, the chargeable facts, the rates of fees and the allocation of expenses, and in doing so, to determine fixed rates or to provide framework rates. The outlays may be determined by way of derogation from § 23 (6) of the Federal Law on Fees. The Federal Ministry of the Interior may transfer the authorization pursuant to sentences 2 and 3 to the Federal Institute by means of a legal regulation. (3) The legal regulations pursuant to paragraphs 1 and 2 do not require the approval of the Federal Council. (4) For a Pre-procedures are levied on charges and levies. A fee shall be charged for the full or partial refusal of an objection up to the amount of the fee fixed for the contested administrative act. If an appeal is withdrawn after the commencement of its factual processing, but before its termination, the fee shall not exceed 75 per cent of the opposition fee. The fees and charges referred to in sentences 2 and 3 shall be subject to the discretionary power of the Opposition Office. Unofficial table of contents

§ 15c Test Platform

(1) In order to fulfil its tasks in accordance with § 2, the Bundesanstalt may maintain a test platform. (2) The President or the President may, by statute, regulate the use of the test platform and the fees for this. The fees shall be calculated in such a way as to cover the personnel and material costs associated with the use of the test platform. The Articles of Association are published in the Federal Gazette. Unofficial table of contents

Section 16 International cooperation

The Federal Ministry of the Interior is responsible for the conclusion of administrative agreements with foreign states on the co-use of the digital radio station BOS. Such administrative agreements shall respect the principle of reciprocity and shall only be concluded if the right to co-use the corresponding radio facilities of the other Contracting State is ensured. Unofficial table of contents

§ 17 Freedom of duty, official seal, other

(1) The Bundesanstalt is the official seal of the small Bundessiegel with the transcript " Bundesanstalt für den Digitalfunk der BOS" (Bundesanstalt für den Digitalfunk der BOS"). (2) The Bundesanstalt is a public authority within the meaning of § 43 (1) of the Basic Law of the Federal Republic of Germany in the version of the German Federal Agency for the Digital Media. Notice of 24 January 1995 (BGBl. 114), as last amended by the Regulation of 18 March 1999 (BGBl I). 4) The Bundesanstalt is exempt from the payment of the court costs in accordance with Section 2 (1) of the Law on Legal Costs. (4) Insolvency proceedings concerning the property of the Federal Institute are not available. (5) The Federal Labour Office can only be dissolved by law. Unofficial table of contents

Section 18 Transitional provisions

(1) After the establishment of the Bundesanstalt, elections to the Staff Committee shall be held within six months. Pending the constitution of the Staff Council, the duties of the Staff Committee shall be carried out by the Federal Ministry of the Interior by the Federal Ministry of the Interior. (2) The Transitional Federal Council shall immediately appoint the Board of Directors for the Implementation of the Personnel Council elections in the Federal Institute. (3) Paragraphs 1 and 2 apply accordingly to the representation of youth and trainees as well as to the representation of severely disabled persons. (4) After the establishment of the Federal Labour Office, the following shall be found within six months the election of the Equal Opportunities Officer and her deputy. Until the appointment of the Equal Opportunities Officer and her deputy, the duties are carried out by the Equal Opportunities Officer of the Federal Ministry of the Interior and her deputy. (5) A provisional statute for the The Federal Ministry of the Interior is issued by the Federal Ministry of the Interior through organization decree, which is published in the Joint Ministerial Gazan. It should contain only the regulations necessary to ensure the working capacity of the Federal Institute. For the remainder of the financial year in which this law enters into force, the Federal Ministry of the Interior shall issue a provisional economic plan. Unofficial table of contents

Section 19 Amendments to the Bundesbesoldungsgesetz

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Section 20 Entry into force

This Act shall enter into force on the day following the date of delivery.