Law on the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways

Unofficial table of contents

BEGTPG

Date of completion: 07.07.2005

Full quote:

" Law on the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways of 7 July 2005 (BGBl. I p. 1970, 2009), most recently by Article 2 of the Law of 26 July 2011 (BGBl. 1554).

Status:

Last amended by Art. 2 G v. 26.7.2011 I 1554

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 13.7.2005 + + +) 

  

The G was decided as Article 2 of the G v. 7.7.2005 I 1970 by the Bundestag with the consent of the Bundesrat. It's gem. Article 5 (1) of this Act entered into force on 13.7.2005. Unofficial table of contents

§ 1 Legal Form, Name

The one based on the Tenth Part of the Telecommunications Act of 25 July 1996 (BGBl. 1120), as last amended by Article 4 (73) of the Law of 5 May 2004 (BGBl). 718), the "Regulatory Authority for Telecommunications and Post" has been renamed "Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways" (Bundesnetzagentur). It is an independent federal authority in the business unit of the Federal Ministry of Economics and Technology, based in Bonn. Unofficial table of contents

§ 2 Activities, Task Implementation

(1) The Federal Network Agency shall be in the territories

1.

the right of electricity and gas to be supplied with electricity and gas, including the right of renewable energy in the electricity sector,

2.

telecommunications law,

3.

the postal law and

4.

the right of access to the railway infrastructure in accordance with the Federal Railway Traffic Management Act (Bundeseisenbahnverkehrsverwaltungsgesetz)

(2) The Federal Network Agency shall, within the framework of the activities assigned to it in accordance with paragraph 1, carry out the administrative tasks of the Federal Government, which are assigned to it by law or by law. Unofficial table of contents

§ 3 Institutions

(1) The Federal Network Agency shall be headed by a President or a President. The President or the President shall represent the Federal Network Agency in a judicial and out-of-court manner and shall regulate the distribution and the course of its business by means of a point of order, which shall be subject to confirmation by the Federal Ministry of Economic Affairs and technology. Provisions in other legislation on the formation of decision-making chambers remain unaffected. (2) The President or the President has two Vice-Presidents or Vice-Presidents as a permanent representative. (3) The President and the President, and the President of the Commission. The two Vice-Presidents shall be appointed by the Federal Government on a proposal from the Advisory Board. If no proposal by the Advisory Council takes place within four weeks despite the request of the Federal Government, the right of proposal shall be issued. If a proposal by the Advisory Council does not find the consent of the Federal Government, the Advisory Council may submit a proposal again within four weeks. This procedure is without prejudice to the Federal Government's right of final decision. (4) The President or the President and the two Vice-Presidents shall be appointed by the President of the Federal Republic of Germany or by the Vice-Presidents. President. Unofficial table of contents

§ 4 Public Law

(1) The President of the Federal Network Agency shall be in a public service relationship with the Federal Government, which is normally limited to five years; a one-off extension shall be permitted. (2) The President or the President provides the following oath before the Federal Minister for Economic Affairs and Technology:

"I swear to uphold the Basic Law for the Federal Republic of Germany and all laws in force in the Federal Republic of Germany and to conscientiously fulfil my official duties, so help me God."

The oath may also be taken without any religious eureation. (3) The President or the President may not exercise any other spilled office, trade or profession, nor the management of any acquisition, nor any other occupation, nor any other occupation, nor does it not be a profession. The company still belongs to a government or a legislative body of the federal government or of a country. He or she shall not be entitled to issue out-of-court opinions for consideration. The consent of the Federal Ministry of Economics and Technology is required for membership of a Supervisory Board, the Board of Directors or the Advisory Board of an acquisition-oriented company; the Federal Ministry for Economic Affairs and Technology decides to what extent a remuneration is to be carried out. In companies providing services within the meaning of Article 87f of the Basic Law, its or its affiliation with the above mentioned bodies is prohibited. The President or the President has to inform the Federal Ministry of Economics and Technology of any gifts he or she receives in relation to the Office. The same shall apply to other advantages granted to him or her in relation to the Office. The Federal Ministry of Economics and Technology decides on the use of gifts and the compensation of benefits. (4) The legal circumstances of the President or of the President, in particular salary, retirement pension, survivor's salary and Liability, are governed by a contract concluded by the Federal Ministry of Economics and Technology with the President or the President. The contract requires the consent of the Federal Government. (5) The President shall be dismissed or his request to be dismissed. At the request of the Federal Ministry of Economics and Technology, which has previously been consulted by the Advisory Board of the Federal Network Agency, the President or the President may be dismissed for important reasons by decision of the Federal Government. An important reason is that the President or the President no longer fulfils the conditions required for the performance of the Office, in particular if he or she has been guilty of serious misconduct. Before the request, he or she shall be given an opportunity to comment. The President or the President shall receive a certificate to be drawn up by the President of the Federal Republic of Germany or the President of the President of the President. In case of dismissal for an important reason, the President or the President shall receive a statement of reasons for dismissal in writing by the Federal Government. The dismissal on request shall take effect on the day of delivery of the document, unless a later date is expressly determined in it. The dismissal for important reasons shall take effect with the execution of the decision of the Federal Government if it does not expressly decide it for a later date. The decision of the Federal Government to be released is to be published at the time of the release of the dismissal. If the President or the President so requests, the Federal Government's statement of reasons must also be published. (6) If a Federal official or a Federal official is appointed President or President, he or she will leave the office of the President. it has been taken out of the former office at the beginning of the term of office. For the duration of the term of office, the rights and obligations laid down in the civil service relationship shall rest with the exception of the duty of confidentiality and the prohibition of acceptance of rewards or gifts. In the case of officers who are injured in accidents, the legal requirements for the healing process and an accident compensation remain unaffected. (7) Ends the official relationship referred to in paragraph 1 and does not subsequently become the person concerned in another An official or a civil servant is appointed to the Federal Network Agency if he or she does not meet within three months under the conditions of Section 28 (2) of the Federal Civil Service Act or equivalent national law a different office, at the end of that period, from his or her own Employment as a civil servant or a civil servant in the first-time retirement, provided that he or she has not yet reached the legal age limit at that time. He or she shall receive a retirement pension which he or she would have served in his or her former post, with due account of the time of the public service. A contractual pension scheme referred to in paragraph 4 shall remain unaffected. The period of office is also stable if the official or the official in the first sentence is transferred to another office in the official relationship. Paragraphs 6 and 7 shall apply to judges or judges and to professional soldiers or professional soldiers. (8) Paragraphs 1 to 7 shall apply by analogy to the two Vice-Presidents or vice-presidents, with the proviso that the appointment of a Vice-President or Vice-President, as a rule, after the end of half of the term of office of the other Vice-President or of the Vice-President. Unofficial table of contents

§ 5 Advisory Council

(1) The Federal Network Agency has an advisory board consisting of 16 members of the German Bundestag and 16 representatives of the Bundesrat; the representatives of the Federal Council must be a member of a state government or represent them politically. The members of the Advisory Board and the alternates shall be appointed by the Federal Government on a proposal from the German Bundestag and the Bundesrat. (2) The members proposed by the German Bundestag shall be appointed for the duration of the of the parliamentary term of the German Bundestag to the Advisory Board. They remain in office after the end of the parliamentary term of the German Bundestag until the new members have been appointed. The representatives proposed by the Federal Council will be appointed to the appointment of a new person. They will be dismissed if the Federal Council proposes another person in their place. (3) The members can renounce their membership in relation to the Federal Ministry of Economics and Technology. The declaration shall require the written form. In addition, the members proposed by the German Bundestag lose their membership with the omission of the requirements of their appeal. (4) If a member is not a member, a new member shall be appointed immediately. Until the appointment of a new member and in the event of temporary prevention of the member, the appointed deputy member shall carry out the duties of the member. (5) Paragraphs 1 to 4 shall apply to the deputy members. accordingly. Unofficial table of contents

§ 6 Rules of Procedure, Presidency, meetings of the Advisory Council

(1) The Advisory Council shall adopt its rules of procedure, which shall require the approval of the Federal Ministry of Economics and Technology. (2) The Advisory Council shall elect from its centre, in accordance with its rules of procedure, a pre-siting and an alternate Member of the Executive Board. Elected is who reaches the majority of votes. If, in the first ballot, the required majority is not reached, the majority of the votes cast shall decide in the second ballot. In the event of a tie in the second ballot, the lot shall be decided by lot. (3) The Advisory Board shall be eligible for a quorum if more than half of the members appointed on the proposal of the German Bundestag and of the Bundesrat are present; § 5 (4) sentence 2 shall be be aware. Decisions shall be taken by a simple majority. In the event of a tie, an application is rejected. (4) If the chairman or chairperson holds the oral advice on a submission, the consent or the opinion (decision) of the members may be obtained by means of the written survey. . The provisions of paragraph 3 shall apply mutaly to the adoption of this Decision. The survey should be conducted at an early stage in such a way that the matter can be discussed in time at the request of a member or the Federal Network Agency. (5) The advisory board should be held at least once in a quarter of a year They met. Meetings shall be convened if the Federal Network Agency or at least three members apply for the convocation in writing. The Chairperson of the Advisory Board or the Chairperson of the Advisory Board may at any time request a meeting. (6) The regular meetings are not public. (7) The President of the Federal Network Agency and his or her representatives may attend the meetings. participating. You have to be heard at any time. The Advisory Board may request the presence of the President of the Federal Network Agency, in the event of a deputy person being prevented from attending. (8) The members or the persons representing them shall receive reimbursement of travel expenses and a appropriate meeting money, which the Federal Ministry of Economics and Technology is setting. Unofficial table of contents

Section 7 Tasks of the Advisory Board

The Advisory Board shall have the tasks assigned to it by law or by law. Unofficial table of contents

§ 8 Länder Committee

The Federal Network Agency shall form a national committee composed of representatives of the national regulatory authorities responsible for the performance of the tasks in accordance with Section 54 of the Energy Economic Law. Each Land Regulatory Authority may each send a representative to the country committee. Unofficial table of contents

§ 9 Rules of Procedure, Presidency, meetings of the Committee on Regional Policy

(1) The Committee on Regional and Economic Affairs shall adopt its rules of procedure. (2) The Land Committee shall, in accordance with its rules of procedure, elect from its centre a chairman and a deputy chairman. Elected is who reaches the majority of votes. If, in the first ballot, the required majority is not reached, the majority of the votes cast shall decide in the second ballot. In the event of a tie in the second ballot, the lot shall be decided by lot. (3) The country committee shall be quorum if more than half of its members are present. Decisions shall be taken by a simple majority. In the event of a tie, an application is rejected. (4) If the chairman or chairperson holds the oral advice on a submission, the consent or the opinion (decision) of the members may be obtained by means of the written survey. . The provisions of paragraph 3 shall apply mutaly to the adoption of this Decision. The survey should be conducted at an early stage so that at the request of a member or the Federal Network Agency, the matter can be discussed in a meeting in good time. (5) The country committee is to hold a meeting at least once in half a year. They met. Meetings shall be convened if the Federal Network Agency or at least three members apply for the convocation in writing. The Chairman of the Committee of the Federal Republic of Germany may at any time convene a meeting. (6) The regular meetings are not public. (7) The President or the President of the Federal Network Agency and his or her representatives may be appointed to the Attend sessions. You have to be heard at any time. The State Committee may request the presence of the President of the Federal Network Agency, in the event of a deputy person being prevented from attending. Unofficial table of contents

Section 10 Tasks of the Committee on Regional Policy

The Land Committee shall have the tasks assigned to it by law or by law. Unofficial table of contents

§ 11 Transitional provision

The tasks of the Advisory Board are to be carried out in accordance with § 5 by the Advisory Board pursuant to § 118 of the Telecommunications Act of 22 June 2004 (BGBl. 1190), as last amended by Article 6 (8) of the Law of 14 March 2005 (BGBl). 721) has been amended.