EUROPAM

European Public Accountability Mechanisms

Austria

Country score (European Average*)
  • 68(66) Political Financing
  • 22(53) Financial Disclosure
  • 47(37) Conflict of Interest
  • 31(59) Freedom of Information
  • 67(62) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)44417.27
Population, total8747358.00
Urban population (% of total)66.03
Internet users (per 100 people)84.32
Life expectancy at birth (years)81.84
Mean years of schooling (years)11.3
Global Competitiveness Index5.2
Sources: World Bank, UNDP, WEF.

Political Financing

The Political Parties Act 2012 regulates party political financing in Austria.

Restrictions on the income of political parties and candidates exist on donations beginning from certain monetary thresholds. However, donations under the threshold are not prohibited even where they are from foreign interests, corporations and trade unions. There are no limits on donations.

Parties are entitled to public funding which is allocated according to the share of votes obtained in the previous election, the representation in the elected body and the share of seats in the previous election. Media access is not subsidised but funding is available for party affiliated institutes.

There are regulations on spending such as the prohibition on vote buying and general spending limits on parties which is 7 million euros per party.

Parties and candidates are required to report on their finances annually. Reports are received by the Court of Audit which is responsible for examining them. Sanctions are imposed by the Independent Political Parties Transparency Panel in the form of fines and forfeiture.


Quantitative Data

Primary Metric

20122015201620172020Trend
Bans and limits on private income6761616161
Public funding3838383838
Regulations on spending7575757575
Reporting, oversight and sanctions100100100100100

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. Only where donation exceeds 2,500 euros. (Section 3, §6(6)(6) Political Parties Act, 2012, amended 2013)
Is there a ban on donations from foreign interests to candidates? Yes. Only where donation exceeds 2,500 euros. (Section 3, §6(9) Political Parties Act, 2012, amended 2013)

Bans on corporate donations

Is there a ban on corporate donations to political parties? Yes. Only where donation exceeds 2,500 euros or where the entity obviously wants to channel donation exceeding 1000 Euros from an anonymous donor. The provisions specify that donations above 2,500 Euro for natural and legal persons are banned. This includes corporations. This is made clear in §6(‌3)(‌2) which states that the financial report should include information on "total amount of donations received from natural and legal persons registered in the companies register," (Section 3 § 6(6)(7), 6(6)(8) & 6(6)(9) Political Parties Act, 2012, amended 2013 )
Is there a ban on corporate donations to candidates? Yes. Only where donation exceeds 2,500 euroes or where the entity obviously wants to channel donation exceeding 1000 Euros from an anonymous donor. The provisions specify that donations above 2,500 Euro for natural and legal persons are banned. This includes corporations. This is made clear in §6(‌3)(‌2) which states that the financial report should include information on "total amount of donations received from natural and legal persons registered in the companies register," (Section 3 § 6(6)(7), 6(6)(8) & 6(6)(9) Political Parties Act, 2012, amended 2013 )
Is there a ban on donations from corporations with government contracts to political parties? No. Absent from legal framework.
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. Where the public sectior holds a share of at least 25% in the undertaking or insitution. (Section 3 § 6(6)(5) Political Parties Act, 2012, amended 2013)
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework.
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. Where the public sectior holds a share of at least 25% in the undertaking or insitution. (Section 3 § 6(6)(5) & 6(6)(9) Political Parties Act, 2012, amended 2013)

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. Subsidies from Trade Unions are explicitly excluded from the definition of "donation". (Section 1 §2(5)(f) Political Parties Act, 2012, amended 2013)
Is there a ban on donations from Trade Unions to candidates? No. Subsidies from Trade Unions are explicitly excluded from the definition of "donation" (Section 1 §2(5)(f) Political Parties Act, 2012, amended 2013)

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. Only where donation exceeds 1,000 euros in an individual case. (Section 3, §6(6)(8) Political Parties Act, 2012, amended 2013)
Is there a ban on anonymous donations to candidates? Yes. Only where donation exceeds 1,000 euros in an individual case. (Section 3 § 6(6)(8) & 6(6)(9) Political Parties Act, 2012, amended 2013)

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. (6) Political parties shall not accept donations from: 1. parliamentary groups as referred to in the Parliamentary Groups Funding Act 1985 (Klubfinanzierungsgesetz 1985), Federal Law Gazette No. 156, and provincial parliamentary groups, 2. legal entities as referred to in § 1 para 2 of the Journalism Subsidies Act 1984 (Publizistikförderungsgesetz 1984), Federal Law Gazette No. 369, and educational institutions of the parties subsidised by provinces, 3. bodies corporate under public law, (Section 3 §6(6)(1) - (3) Political Parties Act, 2012, amended 2013)
Is there a ban on any other form of donation? Yes. Not-for-profit Institutions serving the support of grassroots sport, donors who noticeably want to forward a donation by an unnamed third party (if above €1,000), donors who want to grant to the party a donation, noticeably in expectation of or in return for a certain commercial or legal advantage, and donors who want to solicit donations for a party in return for remuneration to be paid by that party. (Section 3 §6(6) Political Parties Act, 2012, amended 2013)

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? No. Law does not appear to differentiate between election/ non-election periods. (Section 3 §6 Political Parties Act, 2012, amended 2013)
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. "Every political party can accept donations (§ 2 subpara 5) in accordance with the following provisions.‌.‌.‌" (No limits placed on donations to parties, only reporting requirements). (Section 3 §6(1) Political Parties Act, 2012, amended 2013)
Is there a limit on the amount a donor can contribute to a candidate? No. No limits placed on donations to candidates, only reporting requirements. (Section 3 §6 Political Parties Act, 2012, amended 2013)

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. Art 1.‌2-‌3, "(2) […] After deduction of the subsidies pursuant to subpara 1, the remaining funds shall be distributed among the political parties represented in the National Council pro rata to the votes cast for them in the last National Council election.‌ (3) Political parties not represented in the National Council but which received more than 1% of the valid votes in an election for the National Council shall be entitled to subsidies for their activities for the election year.‌ Such political parties shall receive an amount of 2.‌5 euros per vote cast for them in a National Council election; such subsidies shall be paid within six months following the National Council election.‌" (§ 1.‌2-‌3 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No.​ 57/​2012)
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. Art 1.‌2-‌3, "(2) […] After deduction of the subsidies pursuant to subpara 1, the remaining funds shall be distributed among the political parties represented in the National Council pro rata to the votes cast for them in the last National Council election.‌ (3) Political parties not represented in the National Council but which received more than 1% of the valid votes in an election for the National Council shall be entitled to subsidies for their activities for the election year.‌ Such political parties shall receive an amount of 2.‌5 euros per vote cast for them in a National Council election; such subsidies shall be paid within six months following the National Council election.‌" (§ 1.‌2-‌3 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No.​ 57/​2012)
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election Yes. Art 1.‌2-‌3, "(2) The subsidies by the federation shall be calculated by multiplying the number of persons eligible to vote in elections for the National Council by an amount of 4.‌6 euros.‌ The subsidies shall be granted to the individual political parties in the following manner: 1.‌ Every political party represented in the National Council that has at least five members of parliament (the minimum required for the formation of a parliamentary group as referred to in § 7 of the Rules of Procedure Law of 1975 [Geschäftsordnungsgesetz 1975], Federal Law Gazette No.‌ 410/‌1975) shall receive a basic subsidy in the amount of 218,000 euros; (§ 1.‌2-‌3 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No.​ 57/​2012)
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Other Yes. Art 2.1 "Every political party that is represented by members of parliament in the European Parliament after an election for the European Parliament shall be entitled to federal subsidies after the election in accordance with the following provisions" (§ ‌2 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No.​ 57/​2012)

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. 2.‌ After deduction of the subsidies pursuant to subpara 1, the remaining funds shall be distributed among the political parties represented in the National Council pro rata to the votes cast for them in the last National Council election.‌ (§ 1.‌2 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No.​ 57/​2012)
Allocation calculations for direct public funding to political parties: Equal Yes. 1.‌ Every political party represented in the National Council that has at least five members of parliament (the minimum required for the formation of a parliamentary group as referred to in § 7 of the Rules of Procedure Law of 1975 [Geschäftsordnungsgesetz 1975], Federal Law Gazette No.‌ 410/‌1975) shall receive a basic subsidy in the amount of 218,000 euros; (§ 1.‌2 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No.​ 57/​2012)
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Flat rate by votes received Yes. (3) Political parties not represented in the National Council but which received more than 1% of the valid votes in an election for the National Council shall be entitled to subsidies for their activities for the election year.‌ Such political parties shall receive an amount of 2.‌5 euros per vote cast for them in a National Council election; such subsidies shall be paid within six months following the National Council election.‌" (§ 1.‌3 Federal Act on Federal Support of Political Parties (Support of Political Parties Act, 2012, amended 2013), Federal Law Gazette I No.​ 57/​2012)
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework.

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending Yes. 4. Every political party may expend a maximum of 7 million euros for election campaigning between the qualifying date for the election and the day of the election for a general representative body or the European Parliament. If the same list of candidates is supported by two or more political parties, the maximum amount shall apply to the aggregated expenses of those parties (Section 2, §4(1) Political Parties Act, 2012, amended 2013)
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework.

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework.
Are there provisions for free or subsidized access to media for candidates? No. Absent from legal framework.

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework.
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework.
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework.
Provisions for any other form of indirect public funding: Other Yes. Funding provided to party affiliated institutes.   (GRECO (2011) Evaluation Report on Austria, Transparency of Political Party Funding (Theme II). Greco Third Evaluation Report, Strasbourg 9 December 2011)
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework.
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework.

Regulations on spending 

Is there a ban on vote buying? Yes. Vote buying and selling is punishable with imprisonment of up to 1 year. (§ 265 StGB Bestechung bei einer Wahl oder Volksabstimmung, amended 2015 [Penal Code bribery in an election or referendum])
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework.
Are there limits on the amount a political party can spend? Yes. 7 million euros per party. If the same list of candidates is supported by two or more political parties, the maximum amount shall apply to the aggregated expenses of those parties. (Section 2, §4(1) Political Parties Act, 2012, amended 2013)
Are there limits on the amount a candidate can spend? Yes. The total campaign expenditure limit of political parties is 7 million euro. In this, all individual candidates' campaign expenditures are included, which means that the theoretical spending limit of a candidate is 7 million euro. If, however, a candidate spends 15,000 euros or less, this will not count toward the party's limit. (Section 2, §4(1) Political Parties Act, 2012, amended 2013)

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. Section 3 §5(1) Every political party shall annually render public account of the type of its income and expenses by way of a statement of accounts. (Section 3 §5(1) Political Parties Act, 2012, amended 2013)
Do political parties have to report on their finances in relation to election campaigns? Yes. The expenses should be captured in the annual accounts (although the expenses may crossover two or more accounting periods). Expenses required in the annual accounts include public relations activites, events, vehicles and travel. It is likely that election expenditure would thus be captured. Also Section 3 §5(3) states that 'Proof with regard to the restriction on campaign expenses (§ 4 para 1) shall be presented in a separate section in the statement of accounts referring to the election year. More extensive accountability regulated in provincial laws shall remain unaffected.' Section 2 §4(2) lists the various expenses for election campaigning to which the provision above refers to which includes advertising, communications and personnel. (Section 2 §4(2) and 3 §5(3) Political Parties Act, 2012, amended 2013)
Do candidates have to report on their campaign finances? Yes. Candidates are required to provide details of expenses to the party which are then published in the party accounts. Section 3 §5(7) states that 'Every political party shall submit the statement of accounts including lists of donations, sponsorships and advertisements and a list of the undertakings in which shares are held as referred to in para 6 to the Court of Audit by 30 September of the following year. For that purpose, affiliated organisations and branches of the party that have their own legal personality as well as members of parliament and candidates who stood for elections on a list of candidates submitted by the political party shall submit to the political party the complete and correct details required for the lists of donations, sponsorships and advertisements'. (Section 3 §5(7) Political Parties Act, 2012, amended 2013)
Is information in reports from political parties and/​or candidates to be made public? Yes. Section 4 §10(3) states that 'If the Court of Audit determines that the statement of accounts meets the requirements (§ 5), the statement of accounts including the lists of donations, sponsorships and advertisements, and the list of undertakings in which shares are held as referred to in § 5 para 6, and the volume of the legal transactions entered into by such undertakings with institutions subject to the supervision of the Court of Audit in the reporting year shall be published, separated according to the individual parties and undertakings, on the website of the Court of Audit and the website of the political party.' (Section 4 §10(4) Political Parties Act, 2012, amended 2013)
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. Section 3 §(6)(4) Donations whose total amount exceeds the amount of 3,500 euros in a calendar year (accounting year), including the name and address of the donor, shall be stated.‌ Donations to federal, provincial and district organisations shall be aggregated.‌ §(6)(5) Donations exceeding the amount of 50,000 euros in an individual case shall be immediately reported to the Court of Audit.‌ The Court of Audit shall immediately publish the donations, including the name and address of the donor, on its website.‌" (Section 3 §6(4) & (5) Political Parties Act, 2012, amended 2013)
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency Yes. The Court of Audit receives reports from political parties. "Every political party shall submit the statement of accounts including lists of donations, sponsorships and advertisements and a list of the undertakings in which shares are held as referred to in para 6 to the Court of Audit by 30 September of the following year.‌.‌.‌" (Section 3 §5(7) Political Parties Act, 2012, amended 2013)
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework.

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Auditing agency Yes. The Court of Audit is responsible. §10(‌1), "The statement of accounts to be prepared by a political party (§ 5) shall also be subject to the supervision of the Court of Audit.‌" (Section 4 §10(1) Political Parties Act, 2012, amended 2013)
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework.
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Auditing agency Yes. The Court of Audit shall verify the numerical correctness of the statement of accounts and its conformity with this Federal Act (Section 4 §10(2) Political Parties Act, 2012, amended 2013)
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Other Yes. The " Independent Political Parties Transparency Panel" imposes penalties for political finance violations, based on documents submitted by the Court of Accounts. (Section 4, §11(‌1) Political Parties Act, 2012, amended 2013)
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. The Independent Political Parties Transparency Panel shall impose a monetary penalty on a political party by way of an administrative decision on the basis of a notification made by the Court of Audit.‌ (2) Any person who 1.‌ does not state a donation contrary to § 6 para 4, or 2.‌ accepts a donation and does not report such a donation contrary to § 6 para 5, or 3.‌ accepts a donation contrary to § 6 para 7 and does not forward such a donation, or 4.‌ breaks down a received donation into partial amounts to circumvent § 6 para 4, 5 or 6 subpara 9 and books such partial amounts to the accounts or has them booked to the accounts, commits an administrative offence and shall be punished with a fine of up to 20,000 euros.‌ [...] (4) A person who, as the authorised agent responsible for the conformity of the declarations made with the requirements in respect of accountability, intentionally provides incorrect information for the statement of accounts, commits an administrative offence and shall be punished with a fine of up to 10,000 euros.‌ (Section 4, §12(1) - 12(4) Political Parties Act, 2012, amended 2013)
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework.
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework.
Sanctions for political finance infractions: Forfeiture Yes. If a member of parliament or a candidate who stood for elections on a list of candidates submitted by a political party (§ 6 para 9) has not stated a donation in violation of § 6 para 4 or has accepted and not reported a donation contrary to § 6 para 5 or has accepted and not forwarded a donation in violation of § 6 para 7, the decision shall also order the forfeiture of a monetary amount corresponding to the amount of the relevant donation.‌ (Section 4 §12(3) Political Parties Act, 2012, amended 2013)
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework.
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework.
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework.
Sanctions for political finance infractions: Other No. Absent from legal framework.

Legislation

Political Parties Act, 2012, amended 2013 (German)pdf
Federal Act on Federal Support of Political Parties (Support of Political Parties Act 2012) (English)pdf
StGB Bestechung bei einer Wahl oder Volksabstimmung, amended 2015 [Penal Code bribery in an election or referendum] (German)pdf

*Last update: 2017


Financial Disclosure

The Incompatibility and Transparency Law (1983, last amended 2013) regulates financial disclosure for Ministers and MPs, who provide similar disclosure items. Both declare firm ownership and board membership, with the incompatibility committee deciding whether keeping this position constitutes a conflict of interests. In addition, Ministers declare real estate, capital assets, accumulated debt and the spouse’s stockholdings. Instead, Members of Parliament declare income from outside employment. The Civil Servant Law (1979, last amended 2015) foresees lean disclosure requirements for Civil servants. Any outside employment and the receipt of honorary gifts must be disclosed, but no financial statements are to be made. There are no financial disclosure requirements for the Head of State, who holds a representative function.

Declarations are submitted to the Central Auditing Agency for Ministers, to the President of the Parliament for MPs, and to the administrative supervisory body for Civil servants. All the while, only the latter functions as an enforcement body. No other enforcement or verifying mechanisms are in place. The President of Parliament must keep a public list of disclosures made by MPs, which excludes capital income. None of the other declarations are made publicly available.


Quantitative Data

Primary Metric

20122015201620172020Trend
Disclosure items2526262929
Filing frequency3850505050
Sanctions00000
Monitoring and Oversight2525252525
Public access to declarations66666

Alternative Metric

20122015201620172020Trend
Head of State00000
Ministers3434343535
Members of Parliament2031313232
Civil servants2121212121

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing Frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure Yes. Only spouses' stock holdings or private firm ownership has to be declared (Art. 3.1 Incompatibility and Transparency Law (1983, last amended 2017))
Real estate Yes. Real estate must be declared together with the administrative registration number ("Einlagezahl") and the type of cadastral community. (Art. 3a (2) 1 Incompatibility and Transparency Law (1983, last amended 2017))
Movable assets Yes. Capital assets must be declared. (Art. 3a (2) 2 Incompatibility and Transparency Law (1983, last amended 2017))
Cash No. Absent from legal framework.
Loans and Debts Yes. Accumulated debt must be declared as one sum. (Art. 3a (2) 4 Incompatibility and Transparency Law (1983, last amended 2017))
Income from outside employment/assets Yes. Members of the Federal government are not allowed to engage in employment during their term of office(either position the had before or that might take during teir term), unless allowed for by the Incompatibility Committee of the National Council. (Art. 2 Incompatibility and Transparency Law (1983, last amended 2017))
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Ownership of enterprises or of enterprise shares must be declared to the incompatability committee, the committee passes on this information to the Chancellor who publishes it in the "Wiener Zeitung", as these people are prohibited from receiving public contracts (Art 3.1 Incompatibility and Transparency Law (1983, last amended 2017))
Ownership of state-owned enterprises (SOEs) Yes. Members of the Federal Government may maintain a position in a state-owned enterprise if the government stetes that it is part of national interest that the person remains in this position (Art 5 Incompatibility and Transparency Law (1983, last amended 2017))
Holding government contracts Yes. Members of the Federal Government must not be awarded any contracts by the Federal authorities and must declare their holding government contracts within 1 month, the incompatability committee decides whether the activity can be continued. (Art. 3.1 (1) and Art 6a Incompatibility and Transparency Law (1983, last amended 2017))
Board member, advisor, or company officer of private firm Yes. Members of the government have to disclose outside employment directly after entering into office. Members of the government are generally not allowed to have other jobs, unless allowed for by the Incompatibility committee of the parliament (Art. 2 and 4 Incompatibility and Transparency Law (1983, last amended 2017))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing Frequency

Filing required upon taking office Yes. Three months after taking office at the latest (Art. 3a Incompatibility and Transparency Law (1983, last amended 2017))
Filing required upon leaving office Yes. Three months after leaving office at the latest (Art. 3a Incompatibility and Transparency Law (1983, last amended 2017))
Filing required annually No. Every two years (Art. 3a Incompatibility and Transparency Law (1983, last amended 2017))
Ad hoc filing required upon change in assets or conflicts of interest Yes. Ownership of stocks or private firms, including spouses, has to be declared immediately (Art. 3 Incompatibility and Transparency Law (1983, last amended 2017))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified Yes. President of the Court of Audit (Art. 3a Incompatibility and Transparency Law (1983, last amended 2017))
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Members of Parliament

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash Yes. Benefits in kind should be declared (Art. 6.4 Incompatibility and Transparency Law (1983, last amended 2017))
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets Yes. Members of parliament have to disclose monthly income from outside employment by sorting it into 5 possible categories: 1. from 1 to 1,000 euros (category 1); 2. from 1,000 to 3,500 euros (category 2); 3. from 3,501 to 7,000 euros (category 3); 4. from 7,001 to 10,000 euros (category 4) and 5. more than 10,000 euros (category 5). (Art. 6.2 (2) and (3) and 6.4 Incompatibility and Transparency Law (1983, last amended 2017))
Gifts received as a public official Yes. Members of parliament have to disclose monthly income from outside employment including non-monetary benefits. (Art. 6 Incompatibility and Transparency Law (1983, last amended 2017))
Private firm ownership and/or stock holdings Yes. ownership of enterprises or of enterprise shares must be declared to the incompatability committee, the committee passes on this information to the Chancellor who publishes it in the "Wiener Zeitung", as these people are prohibited from receiving public contracts (Art 3, Incompatibility and Transparency Law (1983, last amended 2017))
Ownership of state-owned enterprises (SOEs) Yes. If an MP owns a state-owned enterprise s/he may maintain this position if the government declares that it is part of national interest that the person remains in this position (Art 5, Incompatibility and Transparency Law (1983, last amended 2017))
Holding government contracts Yes. Members of the National and Federal Council must declare their holding government contracts within 1 month, the incompatability committee decides whether the activity can be continued. ( Art 6a, Incompatibility and Transparency Law (1983, last amended 2017))
Board member, advisor, or company officer of private firm Yes. Members of the National and Federal Council shall report any executive position in a stock company, any board membership, leading role in a company or other employment or voluntary engagement must be declared to the Incompatibility committee which may ask the Minister to put down their employment if they see a conflict. ( Art. 6.2 (1) and Art 6a, Incompatibility and Transparency Law (1983, last amended 2017))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Members of parliament have to disclose any employment at the state. (Art. 6a Incompatibility and Transparency Law (1983, last amended 2017))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing Frequency

Filing required upon taking office Yes. Any additional source of income, board membership, leading position in a voluntary organisation and income must be declared to the President within a month of taking office. (Art. 6.2 Incompatibility and Transparency Law (1983, last amended 2017))
Filing required upon leaving office No. Absent from legal framework.
Filing required annually Yes. Applies only to income declaration, which is to be made by June 30th of every calender year. (Art. 6.4 Incompatibility and Transparency Law (1983, last amended 2017))
Ad hoc filing required upon change in assets or conflicts of interest Yes. Starting a new employment has to be disclosed at the latest one month after the beginning of the employment (Art. 6 Incompatibility and Transparency Law (1983, last amended 2017))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified Yes. President of the Incompatibility Committee (Art. 6.2 Incompatibility and Transparency Law (1983, last amended 2017))
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability Yes. The President of National and Federal Council must keep a public list of disclosures made by MPs, which exclueds capital income.Voluntary engagements must be published in the CV of parliamentarians on their homepages. (Art. 9 Federal Constitutional Act on the Limitation of Emoluments of Holders of Public office (1997, last amended 2017))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Civil servants just have to disclose their outside employment, but not their income (Art. 56.3 Beamten-Dienstrechtsgesetz [Civil Servant Law] (1979, last amended 2020))
Gifts received as a public official Yes. „Honorary presents“ have to be disclosed to the administrative authority, other presents are not allowed (Art. 59 Beamten-Dienstrechtsgesetz [Civil Servant Law] (1979, last amended 2020))
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Civil servants are required to disclose any such employment (Art. 56 Beamten-Dienstrechtsgesetz [Civil Servant Law] (1979, last amended 2020))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing Frequency

Filing required upon taking office Yes. Declaration must take place immediately upon taking office. (Art. 56 Beamten-Dienstrechtsgesetz [Civil Servant Law] (1979, last amended 2020))
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest Yes. Declaration must take place immdiately when change occurs. (Art. 56 Beamten-Dienstrechtsgesetz [Civil Servant Law] (1979, last amended 2020))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified Yes. Disclosure must be made towards the corresponding administrative supervisory body ("Dienstbehörde") (Art. 56 Beamten-Dienstrechtsgesetz [Civil Servant Law] (1979, last amended 2020))
Enforcement body explicitly identified Yes. The corresponding administrative supervisory body forbids any activity that could lead to a conflict of interest. Part-time employees or employees on leave may only pursue additional employment after the supervisory body has allowed it. (Art. 56 Beamten-Dienstrechtsgesetz [Civil Servant Law] (1979, last amended 2020))
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Legislation

Incompatibility and Transparency Act of 1983_GER (German)pdf
Law on the Civil Service of 1979_GER (German)pdf
Federal Constitutional Act on the Limitation of Remuneration of Public Officials of 1997_GER (German)pdf

*Last update: 2017


Conflict of Interest

The Austrian Constitution (1920, last amended 2016) regulates conflicts of interests regarding the President, while the Incompatibility Act (1983, last amended 2013) regulates for Ministers and MPs.

The only limitation for the President is not holding any other occupation. This rule also applies to Ministers. The incompatibility committee may grant the participation of Ministers and MPs in the private sector or in state-owned enterprises. Similarly, the responsible agency must approve any outside employment of Civil servants. The approval is based on whether or not a conflict of interests may arise. The only other restriction applicable to Ministers and MPs is that profit-oriented behavior may lead to a loss of mandate. Civil servants, on the other hand, are explicitly obliged to abstain from decision-making when private interests are affected. They are further bound to a six-month-long cooling off period after leaving the service.

Oversight differs between officials. Upon approval by the Federal Assembly, the Constitutional Court may begin a procedure against the President for conflict of interest violations. The incompatibility committee is responsible for monitoring and oversight of Ministers and MPs. The committee is elected amongst members of Parliament. In neither case are sanctions specified. For Civil Servants, sanctions include fines and loss of office.


Quantitative Data

Primary Metric

20122015201620172020Trend
Restrictions5050504550
Sanctions4258585042
Monitoring and Oversight5050505050

Alternative Metric

20122015201620172020Trend
Head of State5050503950
Ministers5051514850
Members of Parliament5064646150
Civil servants3946464639

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings Yes. The President may not hold any other occupation next to his tenure but holding assets is allowed (Article 61(1) of the Constitution (1920, amended 2009))
Ownership of state-owned enterprises (SOEs) Yes. The President may not hold any other occupation next to his tenure (Article 61(1) of the Constitution (1920, amended 2009))
Holding government contracts Yes. The President may not hold any other occupation next to his tenure (Article 61(1) of the Constitution (1920, amended 2009))
Board member, advisor, or company officer of private firm Yes. The President may not hold any other occupation next to his tenure (Article 61(1) of the Constitution (1920, amended 2009))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. The President may not hold any other occupation next to his tenure (Article 61(1) of the Constitution (1920, amended 2009))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. The Constitutional Court may begin a proecure against the President if he has violated the constitution. The Federal Assemvly must begin this procedure. (Article 142 of the Constitution (1920, amended 2009))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The Constitutional Court may begin a proecure against the President if he has violated the constitution. The Federal Assemvly must begin this procedure. (Article 142 of the Constitution (1920, amended 2009))
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. Any penal procedure against the President can only be begun upon agreement of the Federal Assembly based on a violation of the constitution. The procedure is held before the Constitutional Court. (Article 63(1)-142 of the Constitution (1920, amended 2009))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework. (General)

Ministers

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings Yes. If a member of the federal government, a state secretary or member of the provincial government or are owners of shares in a company or other equity in a company, they are obliged, at first taking up their Office display or immediately after acquisition of such property to the incompatibility of this Committee of the National Council or the responsible for the country's legislative committee of the state parliament. The extent of existing equity including the spouse must be reported. If an investment, including the spouse, about 25 per cent, so may such companies or firms. (Article 3 of the Incompatibility Act (1983 amended 2008))
Ownership of state-owned enterprises (SOEs) Yes. If a minister owns a state-owned enterprise he may maintain this position if the government declares that it is part of national interest that the person remains in this position (Article 5 of the Incompatibility Act (1983 amended 2008))
Holding government contracts Yes. Members of Parliament (which is also Ministers) must declare their holding government contracts within 1 month, the incompatability committee decides whether the activity can be continued. ( Article 6a of the Incompatibility Act (1983 amended 2008))
Board member, advisor, or company officer of private firm Yes. Any board membership, leading role in a company or other employment or voluntary engagement must be declared to the Incompatibility committee which may ask the Minister to put down their employment if they see a conflict. (Article 2(2-3)- 6(2) of the Incompatibility Act (1983 amended 2008))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. Ministers may not hold an additional occupation. (Article 2 Incompatability Act (1983 amended 2013))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Parliament elects an incompatibility committee amongst ist members. (Article 6 of the Incompatibility Act (1983 amended 2008))
Enforcement body specified (sanctions, hearings) Yes. The incompatibility committeeand courts decide upon sanctions. (Article 6 of the Incompatibility Act (1983 amended 2008))

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings Yes. ownership of enterprises or of enterprise shares must be declared to the incompatability committee, the committee passes on this information to the Chancellor who publishes it in the "Wiener Zeitung", as these people are prohibited from receiving public contracts (Article 3 of the Incompatibility Act (1983 amended 2008))
Ownership of state-owned enterprises (SOEs) Yes. If a minister owns a state-owned enterprise he may maintain this position if the government declares that it is part of national interest that the person remains in this position (Article 5 of the Incompatibility Act (1983 amended 2008))
Holding government contracts Yes. Members of Parliament (assumption that this includes Ministers) must declare their holding government contracts within 1 month, the incompatability committee decides whether the activity can be continued. (Article 6a of the Incompatibility Act (1983 amended 2008))
Board member, advisor, or company officer of private firm Yes. Any board membership, leading role in a company or other employment or voluntary engagement must be declared to the Incompatibility committee which may ask the Minister to put down their employment if they see a conflict. ( Article 6a of the Incompatibility Act (1983 amended 2008))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. Public employeesmay run to become members of the national council, and may request a leave of absence if they are elected. (Article 59a of the Constitution (1920, amended 2009))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Parliament elects an incompatibility committee amongst ist members. (Article 6 of the Incompatibility Act (1983 amended 2008))
Enforcement body specified (sanctions, hearings) Yes. The incompatibility committeeand courts decide upon sanctions. (Article 6 of the Incompatibility Act (1983 amended 2008))

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts Yes. Privately accepting gifts is not allowed, so-called "dignity-gifts" made out of politeness may be accepted but must be reported to the civil servants' agency. (Article 59 of the Civil Service Law (1979 amended 2011))
Private firm ownership and/or stock holdings Yes. Civil servants cannot serve additional employment that may lead to a conflict of interest, all second employment, board memberships or other kinds of memberships in profit-oriented organisations must be declared to the civil servants employer agency. (Article 56(2-3-5) of the Civil Service Law (1979 amended 2011))
Ownership of state-owned enterprises (SOEs) No. Additional government contracts may be offered to civil servants (Article 37 of the Civil Service Law (1979 amended 2011))
Holding government contracts No. Additional government contracts may be offered to civil servants (Article 37 of the Civil Service Law (1979 amended 2011))
Board member, advisor, or company officer of private firm Yes. Civil servants cannot serve additional employment that may lead to a conflict of interest, all second employment, board memberships or other kinds of memberships in profit-oriented organisations must be declared to the civil servants employer agency. (Article 56(2-3-5) of the Civil Service Law (1979 amended 2011))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. Public employeesmay run to become members of the national council, and may request a leave of absence if they are elected. (Article 59a of the Constitution (1920, amended 2009))
Participating in official decision-making processes that affect private interests Yes. Impartiality is part of civil servants duties; if there is a conflict of interest the civil servant must abstain from voting or participating in decision-making (Article 43-47 of the Civil Service Law ( 1979 amended 2015))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Disciplinary measures are: the reference, the fine at the rate of half a monthly salary in the absence of the child allowance, the fine to the amount of five monthly salaries excluding the child allowance, the dismissal. (Article 92 of the Civil Service Law (1979 amended 2011))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Disciplinary measures are: the reference, the fine at the rate of half a monthly salary in the absence of the child allowance, the fine to the amount of five monthly salaries excluding the child allowance, the dismissal. (Article 92 of the Civil Service Law (1979 amended 2011))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework. (General)

Legislation

Constitution of the Republic of Austria of 1930 (German)pdf
Law on the Civil Service (German)pdf
Incompatibility and Transparency Act of 1983 (German)pdf

*Last update: 2017


Freedom of Information

Austria’s access to information regime is governed by the Duty to Grant Information Act (1987, as amended 1998) and the Fundamental Act on the Duty to Grant Information (1987). The law is limited to organs of the executive branch, as regulated by federal legislation.

Specific exemptions to disclosure are outlined in the Constitution and the aforementioned FOI laws. No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Requesters have the right to lodge a judicial appeal with the federal administrative court, in line with the General Administrative Procedures Act. There is no appeals process through public bodies or an independent non-judicial mechanism, such as an information commissioner.

There are no sanctions specified in the law for violations of FOI provisions, nor are there any enforcement or oversight bodies tasked with managing implementation.


Quantitative Data

Primary Metric

20122015201620172020Trend
Scope and Coverage4040404051
Information access and release5454545454
Exceptions and Overrides5050505050
Sanctions for non-compliance00000
Monitoring and Oversight00000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. All organs entrusted with tasks of [pertaining to] Federal, Land and Municipality administration as well as the organs of other corporations of public law that have tasks entrusted to them, shall provide information about matters pertaining to their area of competence, insofar as this does not conflict; professional organizations (Vertretungen) are only obligated to supply information to members and this only insofar as the orderly fulfillment of their legal tasks is not impeded thereby. Detailed regulations with respect to the organs of the Federation as well as the self-administration which is to be regulated by Federal legislation and execution are the business of the Federation, with respect to the organs of the Länder and Municipalities, as well as the self-administration the business of the Federation (Bundessache) [is] framework legislation [while] the business of the Land is the implementing legislation and its execution. ( Article 20 (4) of the Federal Constitutional Law (BVG), 1987)
"Information" or "Documents" is defined No. Absent from legal framework
Proactive disclosure is specified No. Absent from legal framework

Coverage of public and private sectors

Executive branch Yes. The law covers all organs of the Federation as well of the self administration, as regulated by Federal Legislation. (§1(1) Duty to Grant Information Act 1987, as amended 1998)
Legislative branch No. Absent from legal framework
Judicial branch No. Absent from legal framework
Other public bodies No. Absent from legal framework
Private sector No. Absent from legal framework

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. The publication of legal instruments is an administrative task and therefore covered by the law. Draft legal instruments (laws and statutory instruments) are promulgated in the Federal Law Gazette which is accessible online. (§1(1) Duty to Grant Information Act 1987, as amended 1998 §1 Fundamental Act on the Duty to Grant Information, 1987)
Enacted legal instruments Yes. The publication of enacted legal instruments is an administrative task and therefore covered by the law. All enacted legal instruments (laws and statutory instruments) are promulgated in the Federal Law Gazette which is accessible online. (§1(1) Duty to Grant Information Act 1987, as amended 1998 §1 Fundamental Act on the Duty to Grant Information, 1987)
Annual budgets Yes. The preparation of an annual budget is an administrative task and information about it is therefore covered by the law. The law provides for access to information - not actual documents. (§1(1) Duty to Grant Information Act 1987, as amended 1998 §1 Fundamental Act on the Duty to Grant Information, 1987)
Annual chart of accounts (actual expenditures) Yes. The preparation of an annual chart of accounts is an administrative task and information about it is therefore covered by the law. The law provides for access to information - not actual documents. (§1(1) Duty to Grant Information Act 1987, as amended 1998 §1 Fundamental Act on the Duty to Grant Information, 1987)
Annual reports of public entities and programs Yes. The preparation of an annual report is an administrative task and information about it is therefore covered by the law. The law provides for access to information - not actual documents. (§1(1) Duty to Grant Information Act 1987, as amended 1998 §1 Fundamental Act on the Duty to Grant Information, 1987)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. The law permits "anyone" to submit requests for information. (§ 2 Duty to Grant Information Act 1987, as amended 1998 )
Type of request is specified (written, electronic, oral) Yes. Requests can be submitted in writing, orally or by telephone. If a request is made orally or by telephone, the applicant may be requested to put it in writing if the scope or content of the information requested is not clear. (§ 2 Duty to Grant Information Act 1987, as amended 1998 )
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. Requests are to be exempt from stamp duties and federal administration fees. (§ 5 Duty to Grant Information Act 1987, as amended 1998 )

Deadlines for release of information

20-day response deadline No. At a Federal level, the law requires information shall be given without "undue delay" but within 8 weeks from receipt of the request for information. At a state level, the individual states can determine their timeframes for responding. (§ 3 Duty to Grant Information Act 1987, as amended 1998 §5 Fundamental Act on the Duty to Grant Information, 1987)
Agency granted right to extend response time Yes. At a Federal level, the law states that "if for special reasons such term can-not be complied with, the applicant shall be informed accordingly in writing" without giving any timeframe. At a state level, the individual states can determine their timeframes for responding. (§ 3 Duty to Grant Information Act 1987, as amended 1998 §5 Fundamental Act on the Duty to Grant Information, 1987)
Maximum total response time of no more than 40 days No. At a Federal level, the law requires information shall be given without "undue delay" but within 8 weeks from receipt of the request for information. At a state level, the individual states can determine their timeframes for responding. (§ 3 Duty to Grant Information Act 1987, as amended 1998 §5 Fundamental Act on the Duty to Grant Information, 1987)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law No. Official secrets are defined in the Constitution. (§ 20(3) Austrian Federal Constitution 1930, amended 2016)
Existence of personal privacy/data law Yes. The data protection law sets out a right to secrecy of personal data, especially with regard to private and family life. In addition, the Civil Code sets out a right to privacy. (Data Protection Act 1999, as amended 2019 §1328(a) Civil Code 1811, as amended 2020)
Specific exemptions to disclosure Yes. Information can be withheld if disclosure would: a) prevent proper compliance with statutory duties b) infringe a statutory duty of secrecy which covers maintenance of public peace, order and security, national defence, external relations, c) reveal personal data d) archive information cannot be disclosed in the interests of protecting national defence, foreign-policy, economic or financial interests of Austria or the EU or anticipating, preventing or prosecuting crime. (§1 and §2 Duty to Grant Information Act 1987, as amended 1998 §1 and §3 Fundamental Act on the Duty to Grant Information, 1987 § 20(3) Austrian Federal Constitution 1930, amended 2016 Data Protection Act 1999, as amended 2019)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities No. Absent from legal framework
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework
Judicial appeals mechanism Yes. Requesters have the right to lodge a judicial appeal with the federal administrative court, in line with the General Administrative Procedures Act  (§4 Duty to Grant Information Act 1987, as amended 1998)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework
Fines are specified for violations of disclosure requirements No. Absent from legal framework
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework
Public body that is responsible for applying sanctions No. Absent from legal framework
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. Absent from legal framework
Ombudsman involvement in implementation is specified by law No. Absent from legal framework
Reporting of data and/or implementation is required No. Absent from legal framework

Legislation

Constitution of Austria of 1930_GER (German)pdf
Duty to Grant Information Act of 1987_GER (German)pdf
Fundamental Act on the Duty to Grant Information of 1987_GER (German)pdf
Data Protection Act of 1999_GER (German)pdf
Civil Code of 1811_GER (German)pdf

*Last update: 2017


Public Procurement

The Austrian public procurement system is regulated by the Federal Procurement Act (“BVergG”) and the Federal Defence and Security Procurement Act (“BVergGVS”). Additional regulations are laid down in eight State Acts. The public procurement regulatory body is the Federal Procurement Agency, located under the Federal Government.

The lowest minimum thresholds for conducting a public procurement tender are:

▪         EUR 100000 for goods

▪         EUR 1 m for works

▪         EUR 100000 for services

▪         Direct award procedures can be conducted below EUR 100 k

The minimum number of bidders is 3 for restricted procedures procedures, and 3 for negotiated procedures. The minimum submission period is 52 days for open procedures procedures and 37 days for both restricted procedures and negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There is preferential treatment based on SME status. Bids can be excluded based on the reasons set out in the EU directives (see the EC legal summary) and also based on price related elements.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence of  the contracting authority is mandated for the evaluation committee.

There is a payable fee (flat rate) in case of an arbitration procedure. Decisions are published online at the website of the Legal Information System of the Republic of Austria.


Quantitative Data

Primary Metric

20122015201620172020Trend
Scope434076
Information availability21212196
Evaluation69696962
Open competition78787872
Institutional arrangements36363629

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 100000. A direct award without prior notice is permissible for contracts with a value of up to EUR 50,000. However, according to the Schwellenwerteverordnung 2018, BGBl. II Nr. 211/2018, from 21.8.2018 to 31.12.2020 the threshold value is EUR 100,000. A direct award with prior notice is only permitted if the estimated contract value does not reach: 1. EUR 130,000 for delivery and service contracts; and 2. EUR 500,000 for construction contracts. Public contracts can be awarded, through some modality of procurement procedure, in the upper thresholds (EU thresholds) or sub-thresholds (in between the absolute minimum up to which a direct award is possible and EU thresholds). EU thresholds are set by Section 12 at: EUR 139,000 for goods and services and EUR 5,350,000 for works. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 12(3), 46(2) and 47)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 100000. A direct award without prior notice is permissible for contracts with a value of up to EUR 50,000. However, according to the Schwellenwerteverordnung 2018, BGBl. II Nr. 211/2018, from 21.8.2018 to 31.12.2020 the threshold value is EUR 100,000. A direct award with prior notice is only permitted if the estimated contract value does not reach: 1. EUR 130,000 for delivery and service contracts; and 2. EUR 500,000 for construction contracts. Public contracts can be awarded, through some modality of procurement procedure, in the upper thresholds (EU thresholds) or sub-thresholds (in between the absolute minimum up to which a direct award is possible and EU thresholds). EU thresholds are set by Section 12 at: EUR 139,000 for goods and services and EUR 5,350,000 for works. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 12(3), 46(2) and 47 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, §32(2))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 100000. A direct award without prior notice is permissible for contracts with a value of up to EUR 50,000. However, according to the Schwellenwerteverordnung 2018, BGBl. II Nr. 211/2018, from 21.8.2018 to 31.12.2020 the threshold value is EUR 100,000. A direct award with prior notice is only permitted if the estimated contract value does not reach: 1. EUR 130,000 for delivery and service contracts; and 2. EUR 500,000 for construction contracts. Public contracts can be awarded, through some modality of procurement procedure, in the upper thresholds (EU thresholds) or sub-thresholds (in between the absolute minimum up to which a direct award is possible and EU thresholds). EU thresholds are set by Section 12 at: EUR 139,000 for goods and services and EUR 5,350,000 for works. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 12(3), 46(2) and 47)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 100000. A direct award without prior notice is permissible for contracts with a value of up to EUR 50,000. However, according to the Schwellenwerteverordnung 2018, BGBl. II Nr. 211/2018, from 21.8.2018 to 31.12.2020 the threshold value is EUR 100,000. A direct award with prior notice is only permitted if the estimated contract value does not reach: 1. EUR 130,000 for delivery and service contracts; and 2. EUR 500,000 for construction contracts. Public contracts can be awarded, through some modality of procurement procedure, in the upper thresholds (EU thresholds) or sub-thresholds (in between the absolute minimum up to which a direct award is possible and EU thresholds). EU thresholds are set by Section 12 at: EUR 139,000 for goods and services and EUR 5,350,000 for works. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 12(3), 46(2) and 47)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 100000. A direct award without prior notice is permissible for contracts with a value of up to EUR 75,000. However, according to the Schwellenwerteverordnung 2018, BGBl. II Nr. 211/2018, from 21.8.2018 to 31.12.2020 the threshold value is EUR 100,000. A direct award with prior notice is only permitted if the estimated contract value does not reach: 1. EUR 200,000 for delivery and service contracts; and 2. EUR 500,000 for construction contracts. Public contracts can be awarded, through some modality of procurement procedure, in the upper thresholds (EU thresholds) or sub-thresholds (in between the absolute minimum up to which a direct award is possible and EU thresholds). (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 185(3), 213(2) and 214)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 75000. A direct award without prior notice is permissible for contracts with a value of up to EUR 75,000. (Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 32(2))

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 100000. A direct award without prior notice is permissible for contracts with a value of up to EUR 50,000. However, according to the Schwellenwerteverordnung 2018, BGBl. II Nr. 211/2018, from 21.8.2018 to 31.12.2020 the threshold value is EUR 100,000. A direct award with prior notice is only permitted if the estimated contract value does not reach: 1. EUR 130,000 for delivery and service contracts; and 2. EUR 500,000 for construction contracts. Public contracts can be awarded, through some modality of procurement procedure, in the upper thresholds (EU thresholds) or sub-thresholds (in between the absolute minimum up to which a direct award is possible and EU thresholds). EU thresholds are set by Section 12 at: EUR 139,000 for goods and services and EUR 5,350,000 for works. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 12(3), 46(2) and 47)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 100000. A direct award without prior notice is permissible for contracts with a value of up to EUR 50,000. However, according to the Schwellenwerteverordnung 2018, BGBl. II Nr. 211/2018, from 21.8.2018 to 31.12.2020 the threshold value is EUR 100,000. A direct award with prior notice is only permitted if the estimated contract value does not reach: 1. EUR 130,000 for delivery and service contracts; and 2. EUR 500,000 for construction contracts. Public contracts can be awarded, through some modality of procurement procedure, in the upper thresholds (EU thresholds) or sub-thresholds (in between the absolute minimum up to which a direct award is possible and EU thresholds). EU thresholds are set by Section 12 at: EUR 139,000 for goods and services and EUR 5,350,000 for works. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 12(3), 46(2) and 47 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, §32(2))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 100000. A direct award without prior notice is permissible for contracts with a value of up to EUR 50,000. However, according to the Schwellenwerteverordnung 2018, BGBl. II Nr. 211/2018, from 21.8.2018 to 31.12.2020 the threshold value is EUR 100,000. A direct award with prior notice is only permitted if the estimated contract value does not reach: 1. EUR 130,000 for delivery and service contracts; and 2. EUR 500,000 for construction contracts. Public contracts can be awarded, through some modality of procurement procedure, in the upper thresholds (EU thresholds) or sub-thresholds (in between the absolute minimum up to which a direct award is possible and EU thresholds). EU thresholds are set by Section 12 at: EUR 139,000 for goods and services and EUR 5,350,000 for works. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 12(3), 46(2) and 47)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. If an award procedure is carried out with prior announcement, the tender documents are to be made available exclusively electronically, free of charge, directly, without restriction and in full, as soon as the respective announcement is available for the first time or the request for confirmation of interest has been transmitted or made available. In the announcement or in the request for confirmation of interest, the Internet address must be given at which these documents can be accessed. If an award procedure is carried out without prior notice, the tender documents are to be submitted electronically or made available electronically free of charge to every entrepreneur who has been requested by the contracting authority to submit an offer. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 89(1), 90(1), 91(1) (3) (4), 53, 54(2) and 260(1))
Are any of these documents published online at a central place? Yes. The contracting authority can publish a buyer profile on the Internet, which can contain announcements, information about current procurement procedures, planned orders, awarded orders, revoked procedures and all other information relating to an procurement procedure or information of general interest such as contact point, telephone number, postal address and electronic address. In the announcement or in the request for confirmation of interest in an award procedure carried out with prior announcement, the Internet address must be given at which these documents can be accessed. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 89, 90, 91(3), 53, 54(2), 55(2), 56 and 222 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 40)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) Yes. The contracting authority must sufficiently document all essential decisions and processes in connection with an award procedure so that they can be traced. Furthermore, every involvement of third parties in the preparation of a tender must be documented. The documentation must be kept for at least three years after the award of the contract. Furthermore, the examination of the offers is to be documented in such a way that all circumstances essential for the assessment are comprehensible. Any remaining bidder must be given information about the total prices that result from the examination of the offers, and each bidder can request the transmission or provision of the part of the documentation that relates to his offer. There is no mention of payments and disbursements. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 49(1), 140, 218(1) and 309 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, §§ 100 and 112)
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. The contracting authority shall draw up an award notice for each concluded framework agreement, or a notice about the revocation of an award procedure, which includes at least the following: 1. the name and address of the contracting authority; 2. subject matter and value of the framework agreement; 3. the names of the candidates or tenderers considered and the reasons for their selection; 4. the names of the excluded applicants or bidders and the reasons for their rejection, as well as the names of the bidders whose bids were eliminated and the reasons for the elimination; 5. the name of the successful bidder and the reasons for the selection of their offer as well as - if known - the proportion of the order or the proportion of the framework agreement that the successful bidder intends to pass on to third parties, and if applicable, insofar as at the time of the award notice known, the names of the subcontractors. There is no obligation to publish contracts awarded within a framework agreement in the field of Defence. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, § 147(1) Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 46(1))

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. There is no general duty to publish information on subcontractors in all contracts covered by the Federal Procurement Act 2018. However, if known at the time of the award notice, the names of subcontractors to whom the successful bidder intends to pass on a proportion of the framework agreement must be published. The awarding authority must also publish information about subcontractors immediately after the award of a construction contract or the award of a lot of a construction contract with a contract value of more than 100,000 EUR. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 147(1) and 367(1))
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. General. ( )

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Such references are permited in exceptional circumstances if the subject of the contract can not be described in a sufficiently precise and comprehensible manner. Such references must be endorsed with the words "or equivalent". (Federal Procurement Act of 2018 (BVergG), as amended in 2019, § 106(5) Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 83(7))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? Yes. The conception and implementation of an award procedure should, if possible, take place in such a way that small and medium-sized companies can participate in the award procedure. Preferential treatment for SMEs, whenever possible, is expressly mentioned in the context of restricted procedures without prior notice and negotiated procedures without prior notice, for all sectors, including utilities and defence, as well as in the context of framework agreements. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 20(8), 122(2), 154(1), 193(8) and 289(2) Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, §§ 86(2) and §129)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. There is no preferential treatment for local/national companies in relation to other EU Member States. However, bidders who are based in the territory of another EU Member State or in Switzerland can be asked to provide information about the admissibility of carrying out the activity in Austria. Also, for utilities non-EU States have some extra requirements regarding notification. Different treatment of pidders permitted under international law based on their nationality or the origin of the goods is allowed. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 20(1) (2), 21(1) (3), 141(2), 302(2) and 303 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 18(1) (3))
Is there a specific set of rules for green/sustainable procurement? Yes. Bidders must comply with European standards (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 87 and 258 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 66)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. There is a closed list of reasons to exclude a bidder, for example, if it is known that a company has court judgements or open court cases against it which make it unsuitable or if it is financially insolvent, has not fulfilled its tax and social security obligations, or if a conflict of interest cannot be avoided by other, less drastic measures. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 78, 141(1) and 302 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 57)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. Bids that have an implausible composition of the total price (eg speculative pricing), determined by an in-depth examination of the offer, can be automatically excluded. Bids which enclose prices not economically explainable and comprehensible, or those which are considered unreasonably low because the bidder received state aid can be exluded, but only after the price has been queried with the bidder. For the latter situation, if, at the request of the contracting authority, the bidder is unable to demonstrate within a reasonable period that the aid in question was compatible with the internal market within the meaning of Art. 107 TFEU, the bid can be excluded. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 138(4) (5) (6), 141(1)3., 301(3) (4) and 302(1)3. Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, §§ 104(3) (6) and 105(1)3.)
Is scoring criteria published? Yes. The scoring criteria must be published as part of the published tender information for all sectors (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §91(7) 2, § 262(6)2. and Annex VI Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, Annex VI)
Are decisions always made by a committee? No. The number of evaluators is not specified. However, for the modality "Competitions" ("Wettbewerbes") it is specified that a jury, consisting of independent evaluators, will make a decision. A commmittee of two experts from the contracting authority is only stipulated for the opening of tenders of general procurement, but not for their evaluation. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 134, 165(4) (6), 326(4) (6) and 133(1))
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. It is stated that the contracting authority must take suitable measures to effectively prevent, detect and remedy conflicts of interest that arise during the implementation of procurement procedures in order to avoid distortions of competition and ensure equal treatment of all entrepreneurs. The definition given of conflict of interest is that it exists in any case if employees of a contracting authority or an awarding body who are involved in the implementation of the award procedure or who can influence the outcome of the procedure have a direct or indirect financial, economic or other personal interest that could affect their impartiality and independence in the procurement process. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 26, 147(1)9., 199, 134, 165(4) (6), 326(4) (6) and 299 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 103(1))
Is some part of evaluation committee mandatorily independent of contracting authority? No. For general procurement, as well as utilities and defence procurement, evaluators must only be independent from bidders. In the modality "Competitions" ("Wettbewerbes") it is specified that a jury, consisting of evaluators independent of the participants in the competition, will make a decision. However, the contracting authority is involved in jury selection. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 165(6), 326(6) and 299 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 103(1))
Are scoring results publicly available? No. For general procurement in the upper threshold (i.e. EU thresholds), the award notice must mention criteria used, but not the scoring results. For utilities procurement in the upper threshold, the award notice should not even mention criteria used. In both types, the award notice should include the value/price of the successful bid OR the highest and lowest bids taken into account in the award. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, Annex VI, Part D, and Annex XX, Chapter D)
Does the law specify under which conditions the tender can be cancelled? Yes. General and utilities tenders can be cancelled if circumstances arise that would have excluded the tender or would have led to a substantially different tender had they been known beforehand, or in those cases where no offer is received or where just one offer remains after ineligible ones have been rejected. All tenders (including defence and security) can be cancelled for objective reasons. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 148 and 149 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 114)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. OJEU, TED, Federal Law Gazette and electronic publication medium (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 50(1), 55, 56 and 59 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, §§ 42 and 44)
Does the law specify the location for publicizing restricted calls for tenders? Yes. OJEU, TED, Federal Law Gazette and electronic publication medium (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §50(1), §§ 55, 56 and 59 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, §§ 42 and 44)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. OJEU, TED, Federal Law Gazette and electronic publication medium (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §50(1), §§55, 56 and 59 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, §§ 42 and 44)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? General. In the case of restricted procedures with prior notice in the upper threshold range, there should be no less than five bidders. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 122(3), 123(4) and 164(2) Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 87(5))
What is the minimum number of bidders for negotiated procedures? General. In the negotiated procedure with or without prior notice in the sub-threshold range, the number of entrepreneurs to be requested may also be below three for objective reasons. The reasons for this shortfall must be recorded by the contracting authority. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 122(3) and 123(4) Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 86(3))
What is the minimum number of bidders for competitive dialogue procedures? General. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 123(4), 164(2) and 325(2) Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 132(6))

Bidding period length

What are the minimum number of days for open procedures? General. Tendering periods can be shortened due to prior notice publication or urgency. They can be extended by five days if the tender documents are not made available electronically. However, an extension is not mandatory if the offer period is shortened due to urgency or has been determined by mutual agreement. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 71(1) (5), 73,1., 74,1., 76(1), 77, 243(1) (5), 245 and 246)
What are the minimum number of days for restricted procedures? General. Within the scope of restricted procedures with prior announcement and negotiated procedures with prior announcement, contracting authorities listed in Annex III can shorten the tendering period to at least 25 days. Tendering periods can further be shortened due to prior notice publication or urgency. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §70, §71(2), §73,2., §74,2.,3., §76(2) (3), §77, §242 and §243(2) (3) Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, §51, §52, §53, §54, §55)
What are the minimum number of days  for competitive negotiated procedures? General. Within the scope of restricted procedures with prior announcement and negotiated procedures with prior announcement, contracting authorities listed in Annex III can shorten the tendering period to at least 25 days. Tendering periods can further be shortened due to prior notice publication or urgency. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 70, 71(2), 73,2., 74,2.,3., 76(2) (3), 77, 242 and 243(2) (3) Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, §§ 51, 52, 53, 54 and 55)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. 26 exceptions for general procurement and utilities and 21 for defence. The most relevant being defence, security interests, application of other prevailing rules from EU (346 TFEU) or other international organisation, legal services and arbitration, disaster control (civil defence), broadcasting, central bank, public research, employment contracts, telecommunications, service contracts in the context of political campaigns, and postal services. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, § 9 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 9)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Federal government, states, municipalities and associations of municipalities, as well as bodies that were established for the special purpose of performing tasks in the general interest and are predominantly financed or managed by public authorities. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, § 4)
Does the law specify the main procedure types or procurement methods permitted? Yes. Offenes Verfahren (open procedure) - not available for defence and security; nicht offenes Verfahren mit/ohne vorherige Bekanntmachung (restricted procedure with and without prior notice); Verhandlungsverfahren mit/ohne vorherige Bekanntmachung (negotiated procedure with and without prior notice); Rahmenvereinbarung (framework agreement); dynamisches Beschaffungssystem (dynamic purchasing system); Innovationspartnerschaft (innovation partnership) - not available for defence and security; wettbewerblicher Dialog (competitive dialogue); Direktvergabe mit/ohne vorherige Bekanntmachung (direct award with and without prior notice) (Federal Procurement Act of 2018 (BVergG), as amended in 2019, § 31(1) Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 23(1))
Is there a procurement arbitration court dedicated to public procurement cases? No. It is covered by the Bundesverwaltungsgericht (Federal Administrative Court), which is a general court, rather than a specialised court in public procurement. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, § 327 Federal Procurement Act in the field of Defence and Security of 2012 (BVergGVS), as amended in 2019, § 135)
Is there a procurement regulatory body dedicated to public procurement? Yes. Bundesbeschaffung GmbH or Federal Procurement Agency http://www.bbg.gv.at (Bundesgesetz über die Errichtung einer Bundesbeschaffung Gesellschaft mit beschränkter Haftung - BBGmbH-Gesetz)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. Procurement advisors' profession is not specified. Within the scope of disputes, the adjudicating body, i.e. the Senate, consists of one member as chairman and two expert lay judges as assessors. Expert lay judges must have at least five years of relevant professional experience or special knowledge of the procurement process in legal, economic or technical terms. For the modality "Competitions" ("Wettbewerbes") it is specified that a jury, consisting of independent evaluators, will make a decision but no qualifications are mentioned. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 328, 329(1) and 165)
Is disclosure of final, beneficial owners required for placing a bid? No. The Federal Procurement Act does not mention beneficial ownership and the Beneficial Owners Register Act (WiEReG) enacted in 2017 does not mention procurement procedures. ( )

Complaints

Is there a fee for arbitration procedure? Yes. If a bidder wants to: apply for review of a decision by the contracting authority they consider illegal up to the award of the contract; apply for an injunction or preliminary measure to prevent imminent damage to their interests; or argue that the Procurement Act has been violated during the awarding of the contract, a flat rate fee, linked to the consumer price index and paid once, applies. Fee rates are set according to the ratio of the procedural effort caused by the application to the benefit to be achieved for the applicant, and graded according to objective criteria such as the object of the contract, the type of procedure carried out, whether it is a request for a review of the tender or other separately contestable decisions or whether it is an award procedure in the upper or lower threshold area. No fees are due, however, if one of the provisions of the Fees Act 1957 (Gebührengesetz 1957, BGBl. Nr. 267/1957) applies and the law foresees the possibility of applying for legal aid. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 340 and 335 )
Is there a ban on contract signature until arbitration court decision (first instance court)? No. The request for a review has no suspensive effect for the relevant award procedure. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, § 342(3))
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? General. 42 days (6 weeks) for a decision on an application for the annulment of decisions and 10 days for a decision on injunctions. (Federal Procurement Act of 2018 (BVergG), as amended in 2019, §§ 348 and 352(2))
Is there a requirement to publicly release arbitration court decisions ? No. The law does not require publication of decisions but in practice they are published on the website of the Bundesverwaltungsgericht: https://www.bverwg.de/ ( )

Legislation

Court Fees Act No. 501 of 1984 (German)pdf
Law No. 10 of 2012 on Federal Procurement in the field of Defence and Security (BVergGVS 2012) (German)pdf
Law No. 136 of 2017, Beneficial Owners Register Act (WiEReG) (German)pdf
Law No. 39 of 2001 establishing the Federal Procurement Agency (German)pdf
Law No. 65 of 2018 on Public Procurement (BVergG 2018) (German)pdf
Threshold Ordinance 2018 (German)pdf

*Last update: 2017