2nd Annex to the Federal Law on the Rules of Procedure of the Austrian National Council of 1975 Promulgations: BGBl. (Federal Law Gazette) I No. 66/2012 as amended by BGBl. I No. 99/2014
ESM Information Rules
Rules for the Information on and the Handling of Bills, Documents, Reports, Information and Communications within the framework of the European Stability Mechanism
§ 1. [Immediate Information on ESM Matters]
The competent Federal Minister shall without delay inform the National Council on all measures within the framework of the European Stability Mechanism that affect the management of the Federal Budget. Such information shall in particular be provided in the form of items of information, documents and proposals for decision concerning
1. the cancellation of the emergency reserve fund under Art. 4 (4) Treaty establishing the European Stability Mechanism (ESM Treaty),
2. conclusions on the part of the European Commission and the ECB under Art. 4 (4) ESM Treaty,
3. calls on capital under Art. 9 (1) and (2) and rules for capital calls under Art. 9 (4) ESM Treaty,
4. changes in the authorised capital stock and adaptation of the maximum lending volume under Art. 10 (1) ESM Treaty,
5. rules for capital changes under Art. 10 (2) ESM Treaty,
6. requests and analyses under Art. 13 (1) ESM Treaty,
7. the granting, in principle, of stability support by the ESM under Art. 13 (2) ESM Treaty,
8. the adoption of a financial assistance facility agreement under Art. 13 (3) ESM Treaty,
9. Memoranda of Understanding under Art. 13 (3) ESM Treaty,
10. reports under Art. 13 (7) ESM Treaty,
11. guidelines under Art. 14 (4), Art. 15 (4), Art. 16 (4), Art, 17 (4), Art. 18 (5) ESM Treaty, (Note: Regarding documents concerning guidelines under Article 18 para 5 ESM Treaty, § 1 subpara 11 shall not enter into force until the requirements set out in § 109 para 6 have been fulfilled)
12. maintenance of credit lines under Art. 14 (5) ESM Treaty,
13. assessments under Art. 14 (6) ESM Treaty,
14. disbursements under Art. 15 (5), Art. 16 (5), Art. 17 (5) ESM Treaty,
15. initiation of secondary market operations under Art. 18 (6) ESM Treaty, (Note: § 1 subpara 15 shall not enter into force until the requirements set out in § 109 para 6 have been fulfilled)
16. pricing guidelines under Art. 20 (2) ESM Treaty,
17. dividend distribution and guidelines under Art. 23 ESM Treaty,
18. guidelines and rules for reserve funds under Art. 24 (3) and (4) ESM Treaty,
19. statements of annual accounts under Art. 27 (1) ESM Treaty,
20. quarterly summary statements under Art. 27 (2) ESM Treaty,
21. the transfer of EFSF support under Art. 40 (1) and (2) ESM Treaty and
22. applications for accession to the European Stability Mechanism under Art. 44 ESM Treaty.
§ 2. [Subsequent Information on ESM Matters]
Furthermore, the competent Federal Minister shall, once a decision has been taken in the organs of the European Stability Mechanism, also inform the National Council on
1. the appointment of the Chairperson of the Board of Governors under Art. 5 (2) ESM Treaty,
2. the delegation of tasks under Art. 5 (6) m ESM Treaty,
3. the adoption of the by-laws and rules of procedure under Art. 5 (7) c ESM Treaty,
4. the appointment and end of the term of office of the Managing Director under Art. 7 ESM Treaty,
5. measures taken to collect a debt under Art. 25 (2) and (3) ESM Treaty,
6. the appointment of members of the Board of Auditors under Art. 30 (1) ESM Treaty,
7. the waiver of the immunity of Austrian representatives in the organs of the European Stability Mechanism under Art. 35 (2) ESM Treaty,
8. the submission of a dispute to the Court of Justice of the European Union under Art. 37 (3) ESM Treaty and
9. adaptations under Art. 44 ESM Treaty.
§ 3. [Written Information]
(1) As soon as it has been decided that a document under § 74d (1) [1] RPA concerning a proposal for decision to grant, in principle, a member state financial assistance is to be deliberated as an item of the agenda in a sitting of the Standing Sub-Committee on ESM Matters, the competent Federal Minister shall inform the National Council through the President in writing as to how the application should be assessed from the viewpoint of Austria.
(2) This information shall be presented two days, at the latest, prior to the projected deliberation in the Standing Sub-Committee on ESM Matters.
§ 4. [Formal Data]
Along with the document under § 1 and § 2 information shall also be given on the date and status of said document and its security classification by organs of the European Stability Mechanism.
§ 5. [Copying and Distribution]
(1) After the receipt of documents under § 1 to 3 the President shall have them immediately copied and distributed to the members of the Standing Sub-Committee on ESM Matters and one person designated by each of the parliamentary groups. A deputy may be nominated for the latter.
(2) To the extent that documents communicated under §1 to 3 relate to secondary market inter-ventions within the framework of the European Stability Mechanism under Art. 18 ESM Treaty, the President shall have them immediately copied and distributed to the members of the Standing Sub-Committee on Secondary Market Matters ESM and one person designated by each of the parliamentary groups. A deputy may be nominated for the latter. (Note: § 5 para 2 shall not enter into force until the requirements set out in § 109 para 6 have been fulfilled.)
§ 6. [Reports under Art. 50c (3) B-VG]
In accordance with Art. 50c (3) B-VG the competent Federal Minister shall, within a month of the end of a calendar quarter, present to the National Council a report describing and commenting on the measures taken within the framework of the European Stability Mechanism.
§ 7. [Distribution to Persons nominated by Parliamentary Groups]
Documents and reports under § 74e (1) and (2) RPA and reports under Art. 50c (3) B-VG shall also be distributed to one person designated by each of the parliamentary groups. A deputy may be nominated for the latter.
§ 8. [Keeping Confidentiality]
The persons nominated by the parliamentary groups under § 5 and 7 and the competent staff of the Parliamentary Administration shall be informed by the President of the National Council of their duty to keep confidentiality.
§ 9. [Subsequent Publication]
Items of information, documents and proposals for decisions under § 1 and § 2 above that are not accessible to the public in accordance with their security classification by organs of the European Stability Mechanism may be made available to the general public once the circumstances preventing their publication no longer obtain. The decision on the point in time when such publication shall be permissible shall be taken by the competent Standing Sub-Committees under § 32f Rules of Procedure Act.