Law on the German Weather Service (DWD Act)

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DWDG

Date of completion: 10.09.1998

Full quote:

" DWD Law of 10 September 1998 (BGBl. 2871), by Article 585 of the Regulation of 31 August 2015 (BGBl I). I p. 1474).

Status:	Last amended by Art. 10 G v. 29.7.2009 I 2424
Note:	Amendment by Art. 585 V v. 31.8.2015 I 1474 (No 35) in a textual, documentary form not yet concludedly edited

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1999 + + +) 

  

Unofficial table of contents

Content Summary

Section 1
	Legal Form, Supervision
§ 1		Legal form, structure, seat
§ 2		Supervision
§ 3		Cooperation
Section 2
	tasks, powers
§ 4		Tasks
§ 5		Powers
§ 6		Remuneration
§ 7		Source protection
Section 3
	Management
§ 8		Managing body
Section 4
	Advisory Councils
§ 9		Scientific Advisory Council
§ 10		Federal States-Advisory Council
Section 5
	Human resources
§ 11		Special arrangements for travel and removal costs
6.
	Transitional and final provisions
§ 12		Transfer of rights and obligations
§ 13		Fee order
§ 14		Entry into force, external force

Section 1
Legal Form, Supervision

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§ 1 Legal form, structure, seat

(1) The German Meteorological Service (Deutsche Wetterdienst) is a part-law institution of public law in the division of the Federal Ministry of Transport and Digital Infrastructure. (2) The German Weather Service consists of business areas that are in Divisions and business units. The German Weather Service is based in Offenbach am Main, Germany. The German Weather Service is based in Offenbach am Main, Germany. Unofficial table of contents

§ 2 Supervision

The German Weather Service is responsible for the service and supervision of the Federal Ministry of Transport and Digital Infrastructure. Within the framework of the technical supervision, the German Weather Service is managed by the Federal Ministry of Transport and Digital Infrastructure by means of targets and success controls. The budgetary provisions shall remain unaffected. Unofficial table of contents

§ 3 Cooperation

(1) Between the Federal Ministry of Transport and Digital Infrastructure and the Federal Ministry of Defence is a close cooperation in the field of meteorological services in the interests of sound financial management and the avoidance of duplication of work. (2) As far as the German Weather Service is responsible for tasks that affect the area of responsibility of other departments, the cooperation between the German Weather Service (Deutscher Wetterdienst) and to the competent supreme federal authority. If the intended cooperation can be expected to have a significant financial impact at the German Weather Service, the Federal Ministry of Transport and Digital Infrastructure requires the Federal Ministry of Transport and Digital Infrastructure to have the prior approval of the agreement.

Section 2
tasks, powers

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§ 4 Tasks

(1) Tasks of the German Weather Service are

1.

the provision of meteorological services to the general public or to individual customers and users, in particular in the fields of transport, the commercial economy, agriculture, forestry, construction, health, water management, including preventive flood protection, environmental protection and nature conservation and science;

2.

the meteorological protection of air and sea travel,

3.

the issuing of official warnings about weather phenomena which may lead to a threat to public safety and order, in particular with regard to the threat of flood risks;

4.

the short-term and long-term collection, monitoring and evaluation of the meteorological processes, structure and composition of the atmosphere,

5.

the collection of the meteorological interaction between the atmosphere and other areas of the environment,

6.

the prediction of meteorological processes,

7.

the monitoring of the atmosphere on radioactive trace substances and the forecasting of such substances,

8.

the operation of the necessary measuring and monitoring systems for the performance of the tasks referred to in points 1 to 7; and

9.

the preparation, archiving and documenting of meteorological data and products.

(2) In order to fulfil its tasks, the German Weather Service conducts scientific research in the field of meteorology and related sciences and participates in the development of appropriate standards and norms. (3) The German Weather Service is the national meteorological service of the Federal Republic of Germany. It participates in international cooperation in the field of meteorology and fulfills the obligations arising therefrom. (4) Within the scope of its tasks pursuant to paragraph 1, the German Weather Service supports the countries in carrying out its tasks in the field of civil protection, in particular in the event of extreme weather events, and participates in the tasks of civil defence and civil-military cooperation. (5) The rules of the Radiation Protection Act of 19 December 1986 (BGBl. 2610), as last amended by Article 8 (8) of the Law of 24 June 1994 (BGBl I). 1416, 1422), of the Law on the Establishment of an Environment Agency of 22 July 1974 (BGBl. 1505), as last amended by Article 1 of the Law of 2 May 1996 (BGBl I). 660), and the Law on the Establishment of a Federal Office for Radiation Protection of 9. October 1989 (BGBl. I p. 1830) shall remain unaffected. Unofficial table of contents

§ 5 Powers

(1) The German Weather Service shall provide its services in private-law forms of action, provided that other laws do not conflict with the law. He is entitled to participate in tendering procedures of authorities for the offering of meteorological services. (2) The German Weather Service may cooperate with third parties in order to carry out its duties. For this purpose, it is entitled to set up a company of the country in its own name or to participate in the establishment of a company or an existing company of the domestic and foreign countries. § § 65 to 69 of the Federal Budget Order of 19 August 1969 (BGBl. 1284), as last amended by Article 2 of the Law of 2 May 1996 (BGBl I). 656), shall apply directly, in accordance with Section 65 (1), introductory sentence and point 1 of the following text:
" The German Weather Service shall, except in the cases referred to in paragraph 5, participate in the formation of a company in a legal form of private law or in an existing company in such a legal form only if an important The German Meteorological Service (Deutscher Wetterdienst) has an interest in the German Weather Service and cannot be achieved in a better and more economical way. " (3) A leave of absence of employees of the German Weather Service for the purpose of working in such companies is in the interest of the service. The details will be agreed between the federal government and the company. The possible assurance of the consideration of the leave of absence as a valid service period in accordance with § 6 (1) sentence 2 no. 5 of the civil service law in the version of the notice of 16 December, which is possible in relation to the employee concerned. 1994 (BGBl. 3858), as last amended by Article 6 of the Law of 24 March 1997 (BGBl I). 590, 592), it must be made subject to the imposition of a supply supplement on the part of the undertaking concerned. Unofficial table of contents

§ 6 Compensation

(1) The German Weather Service shall be responsible in such a way that the expenses not covered by revenue are kept as low as possible. (2) The German Weather Service requires remuneration for the provision of its services. The amount of the remuneration shall be calculated by the Management Board on the basis of economic calculation procedures, possibly increased due to the economic value or reduced due to a special public interest, or on the basis of International agreements are set in a price list. It contains the prices for data, products and special services. (2a) The German Weather Service's services to the countries under section 4 (4) are free of charges. (3) (omitted) (4) The prices for special services, which are provided by Basic services are to be calculated in such a way that a positive total contribution margin is achieved. The prices for data and products are fully part of this calculation. (5) The scope of the basic services and the criteria for reduction shall be determined within the framework of the objectives set out in § 2 sentence 2 after consultation of the Bund-Länder Advisory Council. (6) In the The meaning of paragraph 2 shall be:

1.

meteorological data the direct result of the different measurement and observation systems;

2.

meteorological data processed meteorological data. They are created either manually or by input into computer-controlled processes. In principle, meteorological expertise is required for their interpretation;

3.

meteorological special services the further processing of data and products. They serve to meet specific requirements of customers and users;

4.

Services Data, products and special services provided by the German Weather Service to third parties.

(7) The German Weather Service is obliged to demonstrate at regular intervals the compliance with the obligations under paragraphs 2 and 4 by an independent auditor. Unofficial table of contents

§ 7 Source protection

The dissemination of meteorological data, products and special services, in particular the warnings according to § 4 (1) No. 3 of the German Weather Service, is only permitted with the indication of the source. A further protection under the Copyright Act of 9 September 1965 (BGBl. 1273), as last amended by Article 5 of the Law of 19 July 1996 (BGBl I). 1014, 1017), remains unaffected by this.

Section 3
Management

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§ 8 Managing Director

(1) The Management Board of the German Weather Service is responsible for the Management Board. This is the head of the German Weather Service. The members of the Executive Board represent the German Weather Service in court and out of court. (2) Members of the Board of Management are the President as Chairman, the Vice-President and the Head of the Business Units. The Management Board shall consist of no more than six members. These are ordered and dismissed by the Federal Ministry of Transport and Digital Infrastructure. The functions, the powers of representation, the decision-making as well as the details of the appointment and dismise of the members of the Management Board are governed by a statute. The statutes and their amendment are subject to approval by the Federal Ministry of Transport and Digital Infrastructure.

Section 4
Advisory Councils

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§ 9 Scientific Advisory Board

(1) The Scientific Advisory Board shall advise the Management Board of the German Weather Service in important matters of research carried out by the German Weather Service in the context of its tasks in accordance with § 4, and may make recommendations to this effect. It promotes contacts with universities and supports the cooperation of the German Weather Service with national and international research institutions, as well as its integration into national and international research programmes. (2) The The Scientific Advisory Board consists of ten members. The members of the Scientific Advisory Board shall be appointed by the Federal Ministry of Transport and Digital Infrastructure on a proposal by the Executive Board of the German Weather Service for a period of four years. A one-time revocation is possible. In the Scientific Advisory Board, scientists from meteorology and related fields shall be adequately represented. (3) The Scientific Advisory Council shall adopt its rules of procedure, which shall be subject to the approval of the Executive Board of the German Weather Service is required. Unofficial table of contents

§ 10 Bund-Länder-Advisory Council

(1) The Bund-Länder-Advisory Council advises the Executive Board of the German Weather Service and the Federal Ministry of Transport and Digital Infrastructure in matters concerning the interests of the federal ministries and the Länder in the performance of the tasks of the Federal Government. German meteorological service according to § 4, and guarantees the corresponding cooperation. (2) The Federation-Länder Advisory Council consists of representatives of the federal ministries and of the Länder; the Länder can each send a representative. The Federation-Länder Advisory Council shall adopt its rules of procedure, which shall require the approval of the Federal Ministry of Transport and Digital Infrastructure.

Section 5
Human resources

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§ 11 Special regulations for travel and transfer costs

The Federal Ministry of Transport and Digital Infrastructure may, in agreement with the Federal Ministries of the Interior and Finance, adopt supplementary provisions concerning travel and removal costs for officials at the German Weather Service, to the extent that: this is necessary due to the nature of the German Weather Service or its position in the competition.

6.
Transitional and final provisions

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§ 12 Transitioning of rights and obligations

(1) Until the entry into force of new agreements pursuant to § 3, the existing administrative arrangements shall continue. (2) Until the adoption and approval of the Rules of Procedure of the Scientific Advisory Board pursuant to § 9 (3), the existing Rules of Procedure shall apply. of the Scientific Advisory Board in accordance with § 6 of the German Weather Service Act in the adjusted version published in the Federal Law Gazan Part III, outline number 97-1, as last amended in accordance with Article 69 of the Regulation of 26 February 1993 (BGBl. 278). In accordance with Section 10 (2) of the Rules of Procedure, the Rules of Procedure adopted for the Administrative Advisory Board pursuant to Section 5 of the German Weather Service Act shall also apply mutatily to the Federation-Länder Advisory Council until the adoption and approval of the Rules of Procedure according to § 10 (2). Unofficial table of contents

§ 13 Fees Regulations

Until the entry into force of the price list in accordance with § 6, the fees shall be paid in accordance with the German Weather Service's fees regulations of 24 November 1975 (BAnz. No 233 of 16 December 1975) and its annex to the version in force on the date of entry into force of this Act. Unofficial table of contents

Section 14 Entry into force, external force

This Act shall enter into force on 1 January of the year following the date of delivery.