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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Read the untranslated law here: http://www.gesetze-im-internet.de/begtpg/BJNR200900005.html

Law on the Federal Network Agency for electricity, gas, telecommunications, post and railways BEGTPG Ausfertigung date: 07.07.2005 full quotation: "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 July 26, 2011 (BGBl. I p. 1554) is changed" stand: last amended by article 2 G v. 26.7.2011 I in 1554 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 13.7.2005 +++) as article 2 of the G v. 7.7.2005, the G was I 1970 decided by the German Bundestag, with the consent of the Federal Council. It is accordance with art. 5 para 1 of this G on the 13.7.2005 entered into force.

§ 1 legal form, name on the basis of the tenth part of the Telecommunications Act of 25 July 1996 (BGBl. I S. 1120), most recently by article 4 para 73 of the law of May 5, 2004 (BGBl. I p. 718) changed, built "regulatory authority for telecommunications and post" is renamed to "Federal Network Agency for electricity, gas, telecommunications, post and railways" (Federal Network Agency). She is an independent federal authority in the Division of the Federal Ministry of Economics and technology with headquarters in Bonn.

§ 2 the Federal Network Agency activities, task performance (1) is in the field 1 of law of conducted supply of electricity and gas, including the right of renewable energies in the power sector, 2 of the telecommunications law, 3 the post right, as well as 4 of the right of access to the railway infrastructure under the Federal Railway Administration Act worked.
(2) the Federal Network Agency performs the administrative functions of the Federal Government within the framework of the activities assigned to it pursuant to paragraph 1 which are assigned to it by law or on the basis of a law.

§ 3 the Federal Network Agency is organs (1) by a President or redirected a President. The President or the President represents the Federal Network Agency and out of court and regulates the distribution and the course of their business through its rules of procedure; This requires the approval of the Federal Ministry of Economics and technology. This shall not affect provisions in other legislation on the formation of decision Chambers.
(2) the President or the President has two Vice Presidents or Vice Presidents as permanent representation.
(3) the President or the President and the two Vice Presidents or Vice Presidents are named respectively on the proposal of the Advisory Council of the Federal Government. A proposal of the Advisory Council, takes place despite the request of the Federal Government within four weeks the proposal right expires. A proposal of the Advisory Council is not the approval of the Federal Government, the Advisory Council of four weeks can propose again. This procedure shall be without prejudice to the final decision right of the Federal Government.
(4) the appointment is made by the Federal President or the President of the Federal President or the President and the two Vice Presidents or Vice Presidents.

Section 4 public office conditions (1) the President or the President of the Federal Network Agency is a public official relationship to the Federal Government, which is limited to five years. a one-time extension is allowed.
(2) the Chairperson shall before the Federal Ministry of Economics and technology following oath: "I swear, the basic law for the Federal Republic of Germany and to uphold all laws applicable in the Federal Republic of Germany and conscientiously to fulfil my duties, so help me God."
The oath can be made without a religious affirmation.
(3) the Chairperson may exercise no other paid Office, no trade and no profession in addition to his or her Office and not belong to the management of a company acquisition-oriented nor a Government or a legislative body of the Federation or a land. He or she may not deliver extra-judicial opinion for a fee. For membership of a supervisory board, Board of directors or Advisory Board of a company aimed at acquiring the consent of the Federal Ministry of Economics and technology is required; This determines whether a fee is to be transferred. Companies that provide services within the meaning of article 87f of the basic law, his or her affiliation to the mentioned bodies is forbidden. The President or the President has to make communication from the Federal Ministry of Economics and technology of gifts received in relation to the Office he or she. The same applies to other benefits granted to him or her in the Office. The Federal Ministry for Economics and technology decides the use of gifts and sharing the benefits.
(4) the legal relationships of the President or of the President, particularly salary, pension, survivor's covers and liability, are governed by a contract, which the Federal Ministry of Economics and technology concludes with the President or the President. The contract requires the approval of the Federal Government.
(5) the President, or the President is at his or her request to dismiss. At the request of the Federal Ministry for Economics and technology, which has previously listen to the Advisory Board of the Federal Network Agency, the President or the President can be dismissed by a decision of the Federal Government for an important reason. An important reason exists if the President or the President no longer fulfils the conditions for the exercise of the Office, especially if he or she is guilty of serious misconduct. Before the request is to give him or her the opportunity to comment. About the termination of the Office, the President or the President will receive a certificate to be conducted by the Federal President or the President. In the case of dismissal for cause, the President or the President in addition receives a justification of the dismissal in writing by the Federal Government. The dismissal request becomes effective with the delivery of the certificate if a later day is expressly determined in it. The dismissal for cause will be effective with the implementation of the decision of the Federal Government, if she decides she does not explicitly for a later day. The Federal Government's dismissal decision is to publish the date of effect of the dismissal. If required by the President or the President, the explanatory statement of the Federal Government to release is to publish.
(6) If a federal official or a federal agent appointed to the President or the President, he or she is eliminated at the beginning of the official relationship from previous Office. For the duration of the official rest the rights established in the civil servant and obligations with the exception of the obligation to maintain official secrecy and the ban on the acceptance of rewards or gifts. When accident injured the legal claims on the treatments and accident compensation officials or civil servants remain unaffected.
(7) the office expire pursuant to paragraph 1 and is called the or the person concerned do not then in a different Office relationship with the Federal Network Agency, an official or a civil servant is, if within a period of three months under the conditions of § 28 para 2 of the federal civil servants act or comparable landesgesetzlicher rules another Office is transferred him or her, with the deadline of his or her employment as a civil servant or officer retired in the interests , provided that he or she has reached the legal age-limit at this time. He or she will receive a pension, which he serves in his or her previous post by adding the time of the public office relationship he or she would have. An arrangement of the supply pursuant to paragraph 4 shall remain unaffected. The time in official relation is pension able, when pursuant to sentence 1, another Office in the civil servant is transferred the officer or the officer. Paragraphs 6 and 7 shall apply to judges or judges and for professional soldiers and professional soldiers.
(8) paragraphs 1 to 7 shall apply mutatis mutandis for the two Vice Presidents or Vice Presidents with the proviso that naming a Vice President or a Vice President should be done usually after half term of the other Vice Presidents or the other Vice President.

§ 5 Advisory Board (1) the Federal Network Agency has an Advisory Board composed of 16 members of the German Bundestag and 16 representatives or representatives of the Federal Council; the representative or representatives of the Bundesrat must be a member of a provincial government or politically responsible. The members of the Advisory Board and the Deputy members are each appointed on the proposal of the German Bundestag and the Federal Council of the Federal Government.
(2) members proposed by the German Bundestag are appointed for the duration of the electoral term of the German Bundestag in the Advisory Board. You stay after the end of the electoral term of the German Bundestag continue in Office until the new members have been appointed. The representatives proposed by the Federal Council or representatives shall be appointed until the appointment of a new person. You will be recalled when the Federal Council in its place proposes another person.
(3) the members can renounce their membership compared to the Federal Ministry of Economics and technology. The Declaration requires the written form. The members proposed by the German Bundestag also lose their membership with the removal of the conditions of their vocation.
(4) a member retires, immediately appointed a new Member to its Center. Until the appointment of a new Member and a temporary incapacity of the Member appointed Deputy member performs the duties of a member.
(5) paragraphs 1 to 4 shall apply mutatis mutandis for the Deputy members.

§ 6 rules of procedure, chaired, sessions of the Advisory Board (1) giving Advisory Board is a business procedure which require the approval of the Federal Ministry of Economics and technology.
(2) the Advisory Board elects a Chairman and a Deputy Chairman member in accordance with its rules of procedure from among its members. It is selected who obtained the majority of votes. The majority of votes decides the required majority is not achieved in the first ballot in the second round. Vote in the second ballot, the lot decides.
(3) the Advisory Board is quorate if more than half of the members appointed on proposal of the German Bundestag and the Bundesrat is present; Section 5, subsection 4, sentence 2 must be observed. Decisions are taken by a simple majority. Vote, a proposal is rejected.
(4) the or the Chairman holds the oral consultation of a template for expendable, so the approval or the opinion (decision) of the members in the form of the written survey can be obtained. Paragraph 3 shall apply accordingly for the conclusion of the decision. The survey will be early enough so that the matter can be considered in time at the request of a member or of the Federal Network Agency in a session.
(5) the Advisory Council will meet at least once in the quarter to a session. Sessions are to schedule when the Federal Network Agency or at least three members request in writing the draft. The or the Chairman of the Advisory Board can schedule a meeting at any time.
(6) the ordinary meetings shall not be public.
(7) the President or the President of the Federal Network Agency and his or her representative may participate in the meetings. You need to be heard at any time. The Advisory Board may request the presence of the President or of the President of the Federal Network Agency, in case of someone Deputy of prevention.
(8) the members or persons representative receive compensation for travel expenses and a reasonable attendance fee which constitutes the Federal Ministry of Economics and technology.

Article 7 tasks of the Advisory Board the Advisory Board has the functions assigned to him by law or on the basis of a law.

8 land Committee in the Federal Network Agency a National Committee is formed §, which is composed of representatives of national regulatory authorities for the performance of duties according to § 54 of the energy industry Act. Each national regulatory authority may each send a representative to the Committee.

§ 9 rules of procedure, Chair, Committee of of national meetings (1) indicating National Committee become a rules of procedure.
(2) the Committee elects a Chairman and a Deputy Chairman member in accordance with its rules of procedure from among its members. It is selected who obtained the majority of votes. The majority of votes decides the required majority is not achieved in the first ballot in the second round. Vote in the second ballot, the lot decides.
(3) the Committee is quorate if more than half of its members are present. Decisions are taken by a simple majority. Vote, a proposal is rejected.
(4) the or the Chairman holds the oral consultation of a template for expendable, so the approval or the opinion (decision) of the members in the form of the written survey can be obtained. Paragraph 3 shall apply accordingly for the conclusion of the decision. The survey will be early enough so that the matter can be considered in time at the request of a member or of the Federal Network Agency in a session.
(5) the Committee shall meet at least once in the half year to a session. Sessions are to schedule when the Federal Network Agency or at least three members request in writing the draft. The or the Chairman of the National Committee can schedule a meeting at any time.
(6) the ordinary meetings shall not be public.
(7) the President or the President of the Federal Network Agency and his or her representative may participate in the meetings. You need to be heard at any time. The Committee may require the presence of the President or of the President of the Federal Network Agency, in case of someone Deputy of prevention.

§ 10 tasks of the National Committee of the National Committee has the functions assigned to him by law or on the basis of a law.

§ 11 the tasks of the Advisory Committee are transitional provision until its formation according to § 5 of the Advisory Board according to section 118 of the Act of 22 June 2004 (BGBl. I S. 1190), most recently by article 6 No. 8 of the law of 14 March 2005 (Federal Law Gazette I p. 721) has been amended is perceived.