Law On The Establishment Of A Federal Agency For Digital Communication Of Authorities And Organisations With Security Tasks

Original Language Title: Gesetz über die Errichtung einer Bundesanstalt für den Digitalfunk der Behörden und Organisationen mit Sicherheitsaufgaben

Read the untranslated law here: http://www.gesetze-im-internet.de/bdbosg/BJNR203900006.html

Law on the establishment of a Federal Agency for digital communication of authorities and organisations with security tasks (BDBOS law - BDBOSG) BDBOSG Ausfertigung date: 28.08.2006 full quotation: "BDBOS law of August 28, 2006 (BGBl. I S. 2039), most recently by article 3 paragraph 2 of the law of 7 August 2013 (BGBl. I p. 3154) is changed" stand: last amended by article 3 par. 2 G v. 7.8.2013 3154 for details on the stand number you find in the menu see remarks footnote (+++ text detection from) : 1.9.2006 +++) input formula the Bundestag has decided with the consent of the Federal Council the following law: article 1 establishment, purpose, seat (1) In the Division of the Federal Ministry of the Interior establishes a federal legal institution of under public law (Federal Agency). It is called the "Federal Agency for digital communication of authorities and organisations with security tasks" (Federal Institute for digital radio of BOS - BDBOS). The purpose of the Bundesanstalt is the construction and operation of a uniform digital voice and data radio system for public authorities and organisations with security tasks (digital radio of BOS) in the Federal Republic of Germany.
(2) the Federal Agency has its headquarters in Berlin.

§ 2 task, users of the Federal Agency (1) the Federal Agency has to run the tasks to build the digital radio of the authorities and organisations with security tasks (digital radio of BOS), and to ensure its functioning. It carries out its tasks in the public interest. The digital radio of BOS should be the authorities and safety agencies of the Federal Government available as well, in accordance with the Administration agreement according to paragraph 7, the authorities and organisations with security tasks in the countries. The directive lays down that no. 2 of the Telecommunications Act after section 57, paragraph 4, sentence 1 to participate in the digital radio of BOS legitimate authorities and organisations with security tasks (users).
(2) the Federal Agency is in accordance with the Administration Agreement pursuant to § 7 joint Registrar of the Federal and State Governments for the digital radio of BOS.
(3) the Federal agency may entrust with the establishment and operation of digital radio of BOS company.
(4) the Federal Ministry of the Interior may make regulations on the limitation of liability of contractors to third parties as a result of impairment of the quality of service of the digital radio of BOS by decree with the consent of the Federal Council.

Section 3 organs (1) organs of the Federal Agency are the President or the President and the Board of Directors.
(2) the Statute determined duties and powers of the institutions, insofar as they are not regulated by this law.

§ 4 President or President (1) the President or the President runs the business of the Federal Agency on their own responsibility in accordance with this Act and the articles of Association. He or she carries out the decisions of the Board of Directors and represents the Federal Court and out of court.
(2) the President or the President is appointed for the duration of five years the officer on time or to the officials at the time. Repeated appointments are possible.
(3) the President or the President has a permanent representative to (Vice President) or Permanent Representative (Vice President).

§ 5 Board of Directors (1) the Federal Agency is formed a Board of Directors. He monitored the management by the President or the President and supported the course of her or his duties this or this. It is responsible for the decision on the fundamental issues of the Federal Agency. Further details are specified the Statute. The President or the President has regularly to inform the Board of Directors of conducting business.
(2) the Board of Directors to adopt rules of procedure.
(3) the Federal Government and each country will each receive a seat on the Board of Directors. The Member of which the Federal Government has chaired the Board of Directors. The distribution of votes in the Board of Directors lays down the Statute. In the cases provided in the articles of Association, the decisions of the Board of Directors require the consent of the Member representing the Federal.
(4) the members of the Board of Directors and their representatives or representatives are appointed by the Federal Ministry of the Interior for a period of four years. Recurring orders are possible. For the members of the countries and their representatives or representatives, each country has the right to naming in accordance with the Administration Agreement pursuant to § 7. The members of the Board of Directors and their representatives or representatives must meet the requirements for the eligibility to the German Bundestag.
(5) the members and their representatives or representative can resign by written declaration to the Federal Ministry of the Interior. Dismissal of members is made by the Federal Ministry of the Interior, if the conditions of the order no longer exist; the dismissal requires a member designated by a country of the agreement of the designating country. Sentence 2 shall apply accordingly for the representative or the representative of a member.
(6) a member, a representative or a representative resigns, is immediately to appoint a successor or a descendant. For this purpose apply according to paragraphs 4 and 5.

§ 6 Bylaws (1) which gives federal is a statute. The articles of Association is adopted by the Board of Directors. It requires the approval of the Federal Ministry of the Interior and is published in the joint ministerial Gazette.
(2) in the articles of Association, in particular provisions to absorb about 1 are the Organization of the Federal Agency, 2. the duties and powers of the President or of the President and Vice President or Vice President, 3. the duties and powers of the Board of Directors and its members, as well as the distribution of votes in the Board of Directors, 4. the business leadership, including bookkeeping and accounting.
The statutes shall not deviate from the provisions of the administrative agreement pursuant to § 7. § 109 paragraph 2 sentence 2 of the federal financial regulation is to be applied.

§ Is governed by an administrative agreement between the Federal Government and Laender 7 administrative agreement the participation of countries in the digital radio of BOS. This, in particular, provisions should be made about 1 the principles of cooperation by federal and State Governments, 2. the participation of countries in the establishment and operation of digital radio of BOS, in particular about the Board of Directors, 3. details of the financing of the digital radio of BOS as well as the assets of purpose of and financing the Federal (section 9).

§ 8 supervision the Federal Institute is under the supervision of the Federal Ministry of the Interior.

§ 9 a purpose assets, financing to carry out for you is the Federal Agency tasks according to § 2 purpose assets. The Federal Agency covers their expenses pro rata by means of federal and State. The management agreement governs the details according to § 7.

§ 10 business plan, medium-term planning (1) President or the President October 31st of each year a budget for the following financial year on which - a success plan, an investment and financial plan, includes an overview of the positions and points as well as - a reconciliation statement on income and expenditure. Together with the management plan, the President or the President prepares a medium-term planning (success, investment and financing preview) which includes the plan year and at least three subsequent financial years. Business year is the calendar year. The Statute regulates the modalities.
(2) the President or the President shall submit without delay the business plan and the medium-term planning the Board of Directors. The business plan is determined by the Board of Directors. It requires the approval of the Federal Ministry of the Interior in consultation with the Federal Ministry of finance.

§ 11 bookkeeping, annual accounts (1) the Federal agency posts according to the rules of commercial accounting.
(2) the President or the President of the Federal Agency sets up after completion of the financial year according to commercial principles for large corporations a financial statements and a management report and submits it to the audit.
(3) the Board of Directors determines the annual financial statements and decides on the discharge of the President or of the President according to § 109 paragraph 3 sentence 2 of the federal budget rules.
(4) the Statute regulates for more information. § 109 paragraph 2 sentence 3 and 4 of the federal financial regulation is to be applied.

§ 12 audit, application of domestic law (1) for the right to review the Federal applies Article 111, paragraph 1, of the federal budget rules.
(2) sections 7, 9 and 24 of the federal financial regulation as well as the provisions of part III of the federal financial regulation apply with exception of sections 38 and 45, as well as the regulations, require a posting by revenue and expenditure.
(3) the Federal Agency is entitled to sell receivables against third parties, unless the debtor for all applicable discounts and costs is to perform their tasks. The Federal Agency is not entitled to the recording of loans.
(4) the Federal Ministry of the Interior is authorized to admit more exceptions to the application of the provisions of the federal budget rules with the consent of the Bundestag Budget Committee in agreement with the Federal Ministry of finance.

§ 13 civil servants and officials (1) the Federal Agency has Service Mr ability according to § 2 of the federal civil servants Act.
(2) the Federal agency may with the approval of the Federal Ministry of the Interior its powers and responsibilities including the decision on remedies in the areas of salaries, aid, supplies, travel and moving expenses, separation money, as well as the associated automated processing of personal data wholly or partly against reimbursement of the costs of administrative authorities in the divisions of the federal ministries broadcast. The transmission is known to the joint ministerial Gazette.

§ 14 workers and workers, trainees on the workers, employees and trainees the Federal Agency are collective agreements applicable for workers, employees and trainees of the Federal and other provisions to apply. § 13 para 2 finds appropriate application.

§ To meet 15 defensive of NET-specific hazards, monitoring (1) where's the protection of the functioning and operation of digital radio of BOS urgently requires, is the President or the President authorized, the NET - specific and operational arrangements necessary in some cases to ward off threats to the digital radio of BOS. In particular can the President or the President of the Federal Agency 1 provide access to buildings, facilities and computer systems staff of Bundesanstalt, which are for the operation of the network of importance, 2. take over the control of such systems, 3. exclude third parties from access to buildings, facilities and computer systems or from the control of such systems.
The arrangement pursuant to sentence 1 are implemented at the request of the President or of the President by the competent police or order authority. A general request is allowed. This case lays down the conditions for action by previous agreement. Prejudice to the other provisions and principles of the administrative and enforcement assistance.
(2) orders must be kept pursuant to paragraph 1 to the period in which the danger persists. In addition, they apply sections 15 to 20 of the Federal Police Act according to.
(3) someone as a result of a lawful arrangement damage referred to in paragraph 1 an on his property, a reasonable balance should be him grant, as far as he has to take responsibility for the damage not doing or omission.
(4) the Federal Agency is authorised to check the security of the digital radio of BOS and its components. She can, require the necessary information, in particular on technical details, as well as documents and data carriers of the operator or a third party responsible for operating services view and customize these transcripts, extracts, prints or copies of data carriers, or ask for printouts of electronically stored data, enter the land and premises, and visit facilities that are used for the digital radio of BOS.
(5) the rights of bodily integrity (article 2 para 2 sentence 1 of the Basic Law), the freedom of the person (article 2 para 2 sentence 2 of the Basic Law) and the inviolability of the home (article 13 of the Basic Law) are limited by the foregoing paragraphs.

section 15a of the certification of terminals (1) on the digital radio of BOS only such devices are used, which have been certified by the Federal Agency as suitable. The Federal Agency is entitled to take the necessary measures to prevent the use of digital radio of BOS using uncertified devices. The Federal certified which according to the regulation according to § 15 of paragraph 1 b published performance characteristics based on a device as for digital radio of BOS suitable if 1 the mandatory performance characteristics including certain electromagnetic and mechanical properties has it, it including all additional, optional features, its accessories and the on it installed applications with the digital radio of BOS, in particular with its network elements and other devices 2. that is interoperable and trouble-free to operate, 3 does not violate the use of terminal equipment other public regulations and 4 certification no predominant public interests, in particular security concerns of the Federal Republic of Germany, oppose.
(2) the Federal Agency decides on the grant of a certificate at the written request of the manufacturer or supplier of a device. The verification of compliance with the requirements referred to in paragraph 1 sentence 3 Nos. 1 and 2 should be through an expert laboratory in a Member State of the European Union or another Contracting State to the agreement on the European economic area. It is commissioned by the manufacturer or supplier and does the examination set by the Federal and the legal regulation according to § 15 of paragraph 1 b published inspection criteria. The Federal Agency can even perform the test. The applicant shall submit the documents required for the issuance of the certificate, in particular the report of the inspection body, the Federal Agency and the information that is required for the issuance of the certificate. The applicant has to produce two pieces of the device to be certified free of charge at the Federal Agency; in the case of the complete refusal of the certificate, the Federal Agency of one of the items will return to the applicant. The certificate lists the features and applications of the device to which the certificate relates. Set of 6 does not apply, if the terminal device to be certified to a mobile or stationary Funkleitstelle.
(3) any substantial change of an already certified device, in particular changing a performance characteristic, requires a recertification. The certificate can be limited to the modified feature or the other, affected by the change components of the device in this case. It may only be issued if the Terminal despite the changes continue set 3 meets the requirements of paragraph 1. Changes of already certified device, which according to the manufacturer or vendor are insignificant and therefore not the certification pursuant to sentence 1 shall require, are viewing the Bundesanstalt. The Federal Agency decides whether the indicated changes are insignificant. A friendly amendment is considered to be negligible, if the Federal Agency does not apply a different decision within a period of three months after receipt of the notification. Details about the classification of a change as essential or ancillary is governed by Decree according to § 15 paragraph 1 sentence 1 number 4.
(4) at the request of can the Federal grant a temporary and spatially limited permission to use a non-certified device in the digital radio of BOS, if there is a legitimate interest of the applicant and the needs of the digital radio of BOS, in particular ensuring its functioning, do not preclude the. The approval may be revoked in the event of a fault or disturbance of digital radio of BOS pursuant to sentence 1. Opposition and legal challenge to the withdrawal have no suspensive effect.
(5) by way of derogation from paragraph 1 sentence 1 devices may until the end of legal regulation according to § 15 paragraph 1 sentence 3 transitional period laid also without a certification in digital radio of BOS used in 1 number, unless unless their use causes a disturbance of the digital radio of BOS. The digital radio of BOS is disturbed by the use, the Federal Agency is entitled to take the necessary measures to prevent the further use of the devices referred to in paragraph 1 sentence 2.

§ 15b adopt legal regulations; Opposition fees (1) the Federal Ministry of the Interior shall adopt by Regulation provisions concerning the details of the certification procedure and the content of the certificates according to § 15a paragraph 1 to 3, particularly about 1 the requirements for the application, the sequence of processing applications, the cooperation obligations of applicants and publication granted certificates, 2. the form and the conditions of a publication of a prescribed by the Federal) performance characteristics including the corresponding service descriptions , which can refer to the ease of use, b) grading individual performance characteristics as required, c) other requirements according to § 15a paragraph 1 sentence 3 No. 2 and d) inspection criteria according to § 15a paragraph 2 sentence 3, 3. the duration of the transitional period referred to in § 15a paragraph 5; the transition period ends on December 31, 2011, at the latest 4. the standards for the classification of a change of an already certified terminal equipment as essential or ancillary and the details of the display according to § 15a paragraph 3, sentence 4.
The Federal Ministry of the Interior can confer Ordinance on the Federal agency this empowerment.
(2) for individually attributable public services according to article 15, paragraph 1 and article 15a fees and expenses are charged to cover administrative overhead. The Federal Ministry of the Interior is authorized to determine the chargeable offences, the rates and the reimbursement of expenses in agreement with the Federal Ministry of Finance Ordinance and to provide for this fixed rates, or frame rates. By way of derogation, the expenses can be determined by § 23 paragraph 6 of the German fees Act. The Federal Ministry of the Interior can confer the empowerment pursuant to sentences 2 and 3 by a regulation on the Federal Agency.
(3) the regulations require according to paragraphs 1 and 2 not the consent of the Federal Council.
(4) for a preliminary proceedings imposed fees and expenses. A fee up to the amount of the fee laid down for the contested administrative act for the complete or partial rejection of a conflict. Is a contradiction but withdrawn after the start of its substantive editing, prior to its termination, the fee is not more than 75% of the opposition fee. The opposition body decides on the charges and expenses pursuant to sentences 2 and 3 at its reasonable discretion.

§ 15c (1) test platform for the fulfilment of their tasks pursuant to article 2 may entertain the Federal Agency a test platform.
(2) the President or the President can regulate the use of the test platform, as well as the fees by statute. The fees are to be such that the personnel associated with the use of the test platform and expenses are covered. The articles will be published in the Federal Gazette.

Article 16 international cooperation for the conclusion of administrative agreements with foreign States on the use of digital radio of BOS is responsible the Federal Ministry of the Interior. Such management agreements are to uphold the principle of reciprocity and be completed only if the right to the use of the appropriate radio equipment of the other Contracting State is ensured.

§ 17 duty exemption, stamp, miscellaneous (1) the Bundesanstalt manages the small federal seal with the inscription "Federal Institute for the BOS digital radio" as official seal.
(2) the Federal Agency is a public authority within the meaning of § 43 para 1 of land available in the version of the notice of 24 January 1995 (BGBl. I S. 114), most recently by regulation of 18 March 1999 (BGBl. I p. 497) is has been modified in the currently valid version.
(3) the Federal Agency is exempt from the payment of court costs according to section 2, paragraph 1, of the Court cost Act.
(4) insolvency proceedings over the assets of the Federal Agency is not permitted.
(5) the Federal Agency can be resolved only by law.

§ Take place within 18 transitional provisions (1) after the establishment of the Federal Agency of six months elections to the Staff Committee. Until the Constitution of the staff Council, the duties of the Staff Committee at the Federal Institute of the main personnel Council at the Federal Ministry of the Interior are perceived.
(2) the transition staff Council immediately ordered the Board of Directors for the implementation of the staff Council elections in the Federal.
(3) paragraphs 1 and 2 shall apply accordingly for the youth and trainee representative, as well as the heavy representation of disabled people.
(4) after the establishment of the Federal Agency, the election of the Ombudsman and its substitute takes place six months. Until the appointment of the Ombudsman and its substitute, the tasks are perceived by the equality officer of the Federal Ministry of the Interior and its substitute.
(5) a provisional Constitution for the Federal Agency shall be adopted by the Federal Ministry of the Interior organization Decree, which will be published in the joint ministerial Gazette. She should contain only that to ensure of the working ability of the Federal Agency required regulations. For the rest of the business year, in which this law enters into force, the Federal Ministry of the Interior shall issue a provisional economic plan.

Article 19 amendments to the federal pay law - article 20 entry into force of this Act enters into force on the day after the announcement.