Law On The Federal Network Agency For Electricity, Gas, Telecommunications, Post And Railways

Original Language Title: Gesetz über die Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen

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

Non-official table of contents

BEGTPG

Date of delivery: 07.07.2005

Full quote:

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

:Last modified by Art. 2 G v. 26.7.2011 I 1554

For details see the menu under Notes

Footnote

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

The G was referred to as Article 2 of the G v. 7.7.2005 I was adopted by the Bundestag in 1970 with the consent of the Bundesrat. It's gem. Article 5 (1) of this Act entered into force on 13.7.2005. Non-official table of contents

§ 1 Legal Form, Name

The one based on the Tenth Part of the Telecommunications Act of 25. July 1996 (BGBl. 1120), which was 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. Non-official table of contents

§ 2 Activities, Task Implementation

(1) The Federal Network Agency is located in the
1.
the law of the line-bound supply of electricity and gas, including the right of the renewable energy in the electricity sector,
2.
telecoms right,
3.
Postal law as well as
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 carry out, within the framework of the activities assigned to it in accordance with paragraph 1, the administrative tasks of the Federal Government, which are assigned to it by law or by law. Non-official table of contents

§ 3 Institutions

(1) The Federal Network Agency is 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 relating to the formation of decision-making bodies shall remain unaffected.(2) The President or the President shall represent two Vice-Presidents or Vice-Presidents as permanent representatives.(3) The President or the President and the two Vice-Presidents shall each 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 appointment of the President or the President and the two Vice-Presidents shall be made by the President of the Federal Republic of Germany or the President of the Federal Republic of Germany. Non-official table of contents

§ 4 Public Law Conditions

(1) The President or the President of the Federal Network Agency shall be in a Public service relationship to the federal government, which is usually limited to five years; a one-off extension is permitted.(2) The President or the President shall make 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, as true to me God help me. "
The oath can also be done without religious begining.(3) In addition to his or her office, the President or the President may not exercise any other spilled office, trade or profession and neither the management of an acquisition-oriented undertaking nor a government or a legislative Members 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 benefits granted to him or her in relation to the Office. The Federal Ministry of Economics and Technology decides on the use of the gifts and the compensation of the benefits.(4) The legal circumstances of the President or of the President, in particular salary, retirement pension, survivor's remuneration and liability, shall be governed by a contract by the Federal Ministry of Economics and Technology with the President or by the President of the President. The contract requires the approval of the Federal Government.(5) The President or the President shall be dismissed from his or her request. 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's decision to dismiss 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 shall leave the office at the beginning of his/her 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 case of accident-injured officers, the legal claims to the healing process and an accident compensation remain unaffected.(7) Ends the official relationship referred to in paragraph 1 and if the person concerned is not subsequently appointed to another official relationship with the Federal Network Agency, an official or a civil servant shall meet if he or she does not take part within three months at the time of the the conditions of Section 28 (2) of the Federal Civil Service Act or of comparable national regulations are transferred to another office, with the expiry of this period from his or her employment relationship as an official or a civil servant in the incontestable Retirement, provided that he or she has not reached the legal age limit at this 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 to 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 shall, as a general rule, be appointed after the end of half of the term of office of the other Vice-President. or the other Vice-President. Non-official table of contents

§ 5 Advisory Board

(1) The Federal Network Agency has an advisory board, each of 16 members of the German Bundestag and 16 members of the German Bundestag Representatives of the Federal Council shall be represented; 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 are 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 to the Advisory Board for the duration of the parliamentary term of the German Bundestag. 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 shall be dismissed if the Federal Council proposes another person in their place.(3) Members may waive 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 in a divorce, a new member shall be appointed immediately in his place. Pending 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 by analogy to the alternates. Non-official table of contents

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

(1) The Advisory Council shall adopt its Rules of Procedure, which shall be approved by the Council 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 member of the chair and a deputy. 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 decide.(3) The Advisory Board is quorum if more than half of the members appointed on a proposal by the German Bundestag and the Bundesrat are present; § 5 (4) sentence 2 must be observed. Decisions shall be taken by a simple majority. In the event of a tie, an application shall be 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 mutagenly to the adoption of this Decision. The survey should be conducted at an early stage in such a way that, at the request of a member or the Federal Network Agency, the matter can be discussed in time in a meeting.(5) The Advisory Council shall meet at least once in the quarter. Meetings shall be convened if the Federal Network Agency or at least three members request the convocation in writing. The Chairman of the Advisory Board or the Chairman of the Advisory Board may at any time request a meeting.(6) The regular meetings shall not be public.(7) The President or the President of the Federal Network Agency and his or her representatives may attend the meetings. 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 the event.(8) The members or the persons representing them shall receive compensation for travel expenses and an appropriate meeting allowance, which the Federal Ministry of Economics and Technology shall fix. Non-official table of contents

Section 7 Tasks of the Advisory Board

The Advisory Board has the tasks assigned to it by law or by law. Non-official table of contents

§ 8 Länder Committee

The Federal Network Agency shall set up a country committee consisting of representatives of the Performance of the tasks according to § 54 of the German Energy Act (Energiewirtschaftsgesetz) is composed of competent national regulatory authorities. Each Land Regulatory Authority may each send a representative to the country committee. Non-official table of contents

§ 9 Rules of Procedure, Chair, Meetings of the Committee on Regional Policy

(1) The Committee on Regional Policy shall adopt its rules of procedure.(2) The country committee shall, in accordance with its rules of procedure, elect from its centre a member of the chair and one alternate. 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 decide.(3) The State Committee shall have a 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 shall be 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 mutagenly to the adoption of this Decision. The survey should be conducted at an early stage in such a way that, at the request of a member or the Federal Network Agency, the matter can be discussed in time in a meeting.(5) The country committee shall meet at least once in half a year for a meeting. Meetings shall be convened if the Federal Network Agency or at least three members request the convocation in writing. The chairman of the country committee or the chairman of the country committee may at any time request a meeting.(6) The regular meetings shall not be public.(7) The President or the President of the Federal Network Agency and his or her representatives may attend the meetings. 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. Non-official table of contents

§ 10 tasks of the country committee

The country committee has the status of the country committee by law or by law assigned tasks. Non-official table of contents

§ 11 Transitional provision

The tasks of the Advisory Board are to be carried out by the Advisory Board in accordance with § 5 of the Advisory Council 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.