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Federal Law on the Rules of Procedure of the National Council

Rules of Procedure Law of 1975

Promulgations: BGBl. [Federal Law Gazette] No. 410/1975 as amended in BGBl. Nos 302/1979, 353/1986, 720/1988, 569/1993, 438/1996 and BGBl. I Nos 131/1997, 163/1998, 29/2005, 31/2009, 11/2010, 12/2010, 114/2011, 66/2012, 31/2013, 131/2013, 132/2013, 6/2014, 99/2014, 62/2015, 41/2016 and 45/2020

Xc. Special Provisions for the Participation of the National Council in Matters of the European Stability Mechanism

§ 74c. The National Council shall participate in matters of the European Stability Mechanism under Art. 50b, 50c and 50d (2) B-VG.

§ 74d. (1) The National Council may on the basis of an item of business presented by the Federal Government authorise the Austrian representative in the European Stability Mechanism under Art. 50b B-VG to agree

1. to a proposal for a decision to grant, in principle, a Member State financial assistance and

2. to changes of the financial assistance instruments

or to abstain from voting. In the absence of an authorisation by the National Council the Austrian representative shall reject the proposal.

(2) If the special urgency of the matter requires an immediate decision under (1) [1] above, the competent Federal Minister may bring the matter immediately before the National Council. The proposal for a decision under (1) [1] shall state the reasons for the special urgency and the respective deadlines for deliberation at the level of the European Stability Mechanism. The President shall immediately after receipt refer the item of business to the Standing Sub-Committee on ESM Affairs under § 32f (1) [2].

(3) In cases specified in (2) above the Chairperson shall without delay convene the Standing Sub-Committee on ESM Affairs under § 32g (1) and place the item of business on the agenda. Upon proposal by the Chairperson or upon a motion by a Member the Standing Sub-Committee may decide to assume, on account of the special urgency of the matter, the powers vested by this Federal Act in the National Council. Such decision shall under § 39 (1) be immediately communicated along with the decision under (1) [1] above.

(4) At the sitting of the National Council following the decision under (3) above, members of the Federal Government shall make a statement on the ESM to be followed by a debate. This is to inform the National Council on the decision, the reasons for its urgency and the effects the decision will have on Austria. In the course of the debate of such a decision only motions for a resolution may be made.

§ 74e. (1) In accordance with § 32f (1) [2] items of business for deliberation by the Standing Sub-Committee on ESM Affairs shall be

1. items of business concerning decisions under Art. 50b [2] B-VG

2. items of business transmitted by the competent Federal Minister regarding decisions within the framework of the European Stability Mechanism under § 32h (1) [3] to [5],

3. items of information, documents and proposals for decisions in accordance with the provisions of the ESM Information Rules and all documents directly transmitted to the national parliaments by organs of the European Stability Mechanism as well as

4. reports of the competent Federal Minister under § 32i (2).

(2) Items of business of the Standing Sub-Committee on Secondary-Market Affairs – ESM under 32f (1) [1] are bills and reports of the competent Federal Minister as well as items of information, documents and proposals for decision regarding secondary-market operations within the framework of the European Stability Mechanism under Art. 18 ESM Treaty. (Note: Para 2 shall not enter into force until the requirements set out in § 109 para 6 have been fulfilled.)

§ 74f. (1) After receipt of items of business under § 74d (1) and (2) the President shall without delay have them copied and distributed to the Members. S/he shall refer items under § 74d (1) to the Standing Sub-Committee on ESM Affairs for preliminary deliberation.

(2) After receipt of items of business under § 74e (1) the President shall without delay have them copied and distributed to the members of the Standing Sub-Committee on ESM Affairs and directly refer the matter in hand to said Sub-Committee.

(3) Reports of the competent Federal Minister under Art. 50c (3) B-VG in connection with § 6 ESM Information Rules shall be referred by the President to the Budget Committee for final deliberation. The provisions regarding the handling of reports of the Federal Government and its members under § 28b (2) and (4) shall not apply.

(4) After receipt of bills of the competent Federal Minister under § 74e (2) the President shall without delay have them distributed to the members of the Standing Sub-Committee on Secondary-Market Affairs - ESM and directly refer the matter to said Sub-Committee. (Note: Para 4 shall not enter into force until the requirements set out in § 109 para 6 have been fulfilled.)

(5) The Federal Government and/or the competent Federal Minister may modify or withdraw bills and reports under § 74d (1) and (2) as well as § 74e at any time prior to the beginning of the voting process in a Standing Sub-Committee under § 32f. § 25 shall apply mutatis mutandis under the proviso of (2) and (4) above.

§ 74g. (1) The members of the Federal Government and the National Council shall respect the classification by the organs of the European Stability Mechanism regarding the special confidentiality of bills, documents, reports and proposals for decisions within the framework of the European Stability Mechanism.

(2) Communications concerning other items of business and documents on measures within the framework of the European Stability Mechanism and the handling of these shall be governed by the "Rules for the Information on and the Handling of Bills, Documents, Reports, Information and Communications within the framework of the European Stability Mechanism" (ESM Information Rules), which form the 2nd Annex to this Federal Act and form part thereof.