The German Weather Service Act

Original Language Title: Gesetz über den Deutschen Wetterdienst

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Read the untranslated law here: http://www.gesetze-im-internet.de/dwdg/BJNR287100998.html

Law on the German weather service (DWD law) DWDG Ausfertigung date: 10.09.1998 full quotation: "DWD-Act of 10 September 1998 (BGBl. I p. 2871), by article 585 of the Decree of 31 August 2015 (BGBl. I p. 1474) has been changed" stand: last amended by art. 10 G v. 29.7.2009 I 2424 Note: change article 585 V v. 31.8.2015 I 1474 (No. 35) textually evidenced by , edited documentary has not conclusively about the stand number, see the menu see remarks footnote (+++ text detection from: 1.1.1999 +++) table of contents 1 section legal status, supervision section 1 legal form, seat section 2 supervision section 3 cooperation 2. section tasks, powers of section 4 tasks § 5 powers section 6 remuneration § 7 sources protection 3. section management § 8 executive organ 4. section councils § 9 of Scientific Advisory Board section 10 Federal Advisory 5. section human resources section 11 travel and moving expenses legal arrangements 6 section transitional and final provisions article 12 transfer of rights and obligations Article 13 fees § 14 entry into force , Except entry into force article 1 legal status, supervision section 1 legal form, seat (1) of the German weather service is a part of unincorporated institution of under public law Division of the Federal Ministry of transport and digital infrastructure.
(2) the German weather service consists of divisions, which are subdivided into departments and divisions. The further development is determined by the Board of Directors in an organization available.
(3) the German weather service has its headquarters in Offenbach am Main.

§ 2 supervision of the German weather service is subject to the service and technical supervision of the Federal Ministry of transport and digital infrastructure. In the framework of supervision, of the German weather service are controlled by the Federal Ministry of transport and digital infrastructure targets and success control. The budgetary provisions remain unaffected.

§ 3 is cooperation (1) the Federal Ministry of transport and digital infrastructure and the Ministry of defence in the area of the weather service in the interests of budgetary rigour, and to avoid duplication of efforts to ensure a close cooperation is regulated by administrative arrangement.
(2) as far as the Deutscher Wetterdienst carries out tasks, which affect the jurisdiction of other departments, is to regulate cooperation between the German weather service and the competent Supreme Federal Authority. Significant financial implications at the German weather service through the cooperation envisaged are to be expected, an appropriate regulation of the prior consent of the Federal Ministry of transport and digital infrastructure is needed.
2. section tasks, powers section 4 exercise of the German weather service tasks (1) are the meteorological assurance of air and maritime 1 the provision of meteorological services for the general public or individual customers and users, particularly in the areas of transport, for trade and industry, agriculture and forestry, construction, healthcare, water management including of preventive flood protection of the environmental and conservation science, and 2. , 3. the publication of official warnings about weather phenomena that can lead to a threat to the public order and security, in particular as regards imminent flood threats, 4. the short-term and long-term coverage, monitoring and evaluation of meteorological processes, structure, and composition of the atmosphere, 5. the acquisition of meteorological interactions between the atmosphere and other areas of the environment, 6 the forecast of meteorological operations , 7. the monitoring of atmosphere on radioactive trace gases and the forecast their dispatch, 8 operation of the necessary measurement and monitoring systems to meet the tasks referred to in paragraphs 1 to 7 and 9 the availability, archiving and documenting of meteorological data and products.
(2) in order to carry out its tasks, operates the German weather service in 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. He participates in the international cooperation in the field of meteorology and fulfils the obligations resulting from them.
(4) in the framework of its duties pursuant to paragraph 1, the German weather service supports countries in carrying out their tasks in the field of civil protection, particularly during extreme weather events and participates in the tasks within the framework of civil defense and civil military cooperation.
(5) the provisions of the radiation protection law of December 19, 1986 (BGBl. I S. 2610), last amended by article 8 section 8 of the Act of 24 June 1994 (BGBl. I p. 1416, 1422), of the law on the establishment of a federal environmental agency by July 22, 1974 (BGBl. I S. 1505), last amended by article 1 of the law of 2 May 1996 (BGBl. I S. 660), and of the law on the establishment of a Federal Agency for radiation protection of 9 October 1989 (BGBl. I p. 1830) remain unaffected.

§ 5 powers (1) of the German weather service provides its services in private law forms of action as far as the other laws do not preclude. He is entitled to participate in tender procedures by authorities to the offer of meteorological services.
(2) the German weather service may cooperate with third parties for the fulfilment of its tasks. He is entitled to set up a business of domestic in its own name for this purpose or to participate in the founding of a company or to an existing enterprise of domestic and foreign. The sections 65 to 69 of the federal financial by August 19, 1969 (BGBl. I S. 1284), last amended by article 2 of the law of 2 May 1996 (BGBl. I p. 656) shall apply immediately, where section 65 paragraph 1, introductory phrase and number 1 in the following version to apply is: "the German weather service should, except in the cases of paragraph 5, in establishing a company in a legal form of private law or in an existing enterprise in a such legal form only engage ", if an important interest of the German weather service and to the purpose sought by the German weather service not better and more economically can be achieved in other ways."
(3) a leave of absence by employees of the German weather service activities in such companies is in the interests of. The details are agreed between the Federal Government and the company. The possible to the concerned employees guarantee of considering the leave time as pension-eligible period of service after § 6 para 1 sentence 2 No. 5 of the officials supply act as amended by the notice of 16 December 1994 (BGBl. I S. 3858), last amended by article 6 of the law of 24 March 1997 (BGBl. I p. 590, 592), is subject to by the collection of a surcharge of supply on the part of the undertaking concerned.

§ 6 payments (1) which is the German weather service to conduct that the expenditure covered by revenue are as low as possible to keep.
(2) the German weather service requires a fee for the provision of its services. The amount of the remuneration is by the Executive Board based business calculation procedure, increased, where appropriate, on the basis of the economic value or reduced on the basis of special public interest, or on the basis of international agreements in a price list set. It contains the prices for data, products, and special services.
(2a) services of the German weather service to other countries in the context of § 4 para 4 are free of charge.
(3) (dropped out) (4) which are rates for special services that go beyond basic services, so as to take into consideration, that a positive overall contribution is reached. The rates for data and products are fully part of this calculation.
(5) the scope of the basic services and criteria to the discount 2 2 after hearing of the federal countries Advisory Council set within the framework of the objectives under paragraph.
(6) in accordance with paragraph 2, 1 meteorological data are a direct result of the different measurement and monitoring systems;
2. meteorological products processed meteorological data. They are formed either manually or by typing in computer-controlled procedure. For their interpretation of meteorological expertise is generally required;
3. meteorological special service the processing of data and products. They serve the fulfillment of special requests from customers and users;
4. Services data, products, and special services, the German weather service is off to a third party.
(7) the German weather service is required on a regular basis the compliance with the obligations to to prove paragraphs 2 and 4 by an independent auditor.

§ 7 protection of sources


The dissemination of meteorological No. 3 of the German weather service, is data, products and special services, in particular the warnings according to § 4 para 1 only stating the source allowed. A further protection under the copyright law of September 9, 1965 (Federal Law Gazette I p. 1273), last amended by article 5 of the law of 19 July 1996 (BGBl. I S. 1014, 1017), remains unaffected.
3. section management section 8 executive organ (1) the Management Board of the Deutscher Wetterdienst is whether the Board of Directors. This leads the German weather service. The members of the Board represent the German weather service and out of court.
(2) members of the Board are the President as Chairman, the Vice-President and the head of the business. The Board of Directors consists of a maximum of six members. These are appointed by the Federal Ministry of transport and digital infrastructure and dismissed. The task panes, the powers of representation, decision-making, as well as the details of the appointment and dismissal of Management Board members are governed by a statute. The articles of incorporation and amendments require the permission of the Federal Ministry of transport and digital infrastructure.
4 section advisory committees § 9 Scientific Advisory Board (1) who Scientific Advisory Board advises the Executive Board of the Deutscher Wetterdienst on important matters of research, the German weather service in the framework of its duties according to § 4 performs, and can add recommendations. He encourages the contacts with universities and supports the cooperation of the Deutscher Wetterdienst with national and international research institutions, as well as its involvement in national and international research programmes.
(2) the Scientific Advisory Board consists of ten members. The appointment of the members of the Scientific Advisory Board is carried out by the Federal Ministry of transport and digital infrastructure on a proposal of the Executive Board of the Deutscher Wetterdienst for a period of four years. A one-time again appeal is possible. Scientists from meteorology and related fields should be adequately represented in the Advisory.
(3) the Scientific Advisory Board is a rules of procedure which requires the approval of the Executive Board of the Deutscher Wetterdienst.

§ 10 Federal Advisory (1) advises the Executive Board of the Deutscher Wetterdienst and the Federal Ministry of transport and digital infrastructure in matters affecting the interests of the federal ministries and the Länder in the fulfilment of the tasks of the Deutscher Wetterdienst in accordance with § 4 of the Federal Advisory and ensures the appropriate cooperation.
(2) the Federal Advisory consists of representatives of the federal ministries and the Länder; the countries may each send a representative. The Federal Advisory surrenders to its rules of procedure, which requires the approval of the Federal Ministry of transport and digital infrastructure.
5. section human resources section 11 travel and moving expenses legal arrangements the Federal Ministry of transport and digital infrastructure in agreement can the complementary federal ministries of the Interior and finances on the travel and moving expenses for officials at the German weather service provisions, insofar as this is necessary due to the nature of the German weather service or its position in the competition.
6 transfer of rights and duties (1) until the entry into force of new agreements in accordance with § 3 article transitional and final provisions article 12 the existing administrative arrangements shall continue to apply.
(2) up to the acceptance and approval of the rules of procedure of the Scientific Advisory Board in accordance with § 9 para 3 the existing rules of procedure of the Scientific Advisory Board pursuant to § 6 of the law on the German weather service in the Federal Law Gazette Part III, outline number of 97-1, adjusted version, is amended in accordance with article 69 of the regulation of 26 February 1993 (Federal Law Gazette I p. 278). Likewise that is up to the acceptance and approval of the rules of procedure according to § 10 para 2 for the Management Board in accordance with § 5 to apply agreed rules of the law on the German weather service mutatis mutandis on the Federal Advisory.

§ 13 until the entry into force of the price list according to § 6 the fees are fees in accordance with the schedule of fees of the Deutscher Wetterdienst of 24 November 1975 (BAnz. No. 233 of 16 December 1975) and the annex as amended to the date of application of this law raised.

§ 14 entry-into-force, force this law enters into force on 1 January of the year following the announcement.