44. Regulation of the Federal Minister of Transport, Innovation and Technology, with which the Regulation on the transfer of comprehensive planning and construction of the high-performance stretch of state border at Kufstein-Innsbruck-State border at the Brenner Pass or will be changed from parts of the same to Brenner Eisenbahn GmbH (BE-Ü-VO)

According to § 3 of the Federal Law on the Establishment of a "Brenner Eisenbahn GmbH", BGBl. No. 502/1995, in the version of the Federal Law BGBl. I n ° 32/2002 shall be assigned in agreement with the Federal Minister for Finance:

The regulation of the Federal Minister of Transport, Innovation and Technology on the transfer of the comprehensive planning and construction of the high-performance stretch of state border at Kufstein-Innsbruck-State border at the Brenner Pass or from parts thereof the Brenner Eisenbahn GmbH (BE-Ü-VO), BGBl. II No 335/1997, as amended by the BGBl Regulation. II No 489/2001 shall be amended as follows:

1. In the title, the phrase "the Federal Minister for Transport, Innovation and Technology" is replaced by the phrase "the Federal Minister of Transport, Innovation and Technology".

2. § 1 (1) reads:

" (1) The Brenner Eisenbahn GmbH will be responsible for the following planning and/or Construction measures transmitted:

a)			the comprehensive planning in connection with the construction and planning of the maintenance of the high performance stretch of state border at Kufstein-Raum Innsbruck;
			Planning time frame: four years; planning cost: EUR 58.138 million (price base: 1. Jänner 1996);
b)			the construction of the high performance section Kundl/Radfeld-Baumkirchen;
			Construction time frame: six years from the building permit;
c)			the implementation of preparatory measures for the comprehensive planning of the construction and the basic planning of the high-performance stretch of the Innsbruck-State border at the Brenner base tunnel (Brenner Base Tunnel) as a member of a European economic Association of interests;
			Planning time frame: two years; planning cost: EUR 8.357 million (price base: 1 January 1999);
d)			the comprehensive planning of the construction of the high-performance stretch of the Innsbruck-State border at Brenner (Brenner Base Tunnel) as a member of a European Economic Interest Grouper;
			Planning time frame: three years; planning costs: EUR 45 million (price base: 1 January 2002).
The cost frame for the under lit. b specified construction measures shall be determined according to the existence of the railway construction permit. "

3. § 3 (2) to (4) are:

" (2) The scope of preparatory measures for the comprehensive planning of the construction and the basic planning of the high-performance stretch of the Innsbruck-State border at Brenner (Brenner Base Tunnel) as a member of a European economic Association of interests includes:

1.		Adjustment and updating of the "Brenner Base Tunnel feasibility study" in geological, technical and economic terms, to the extent that new findings have been available since its creation;
2.		Creation of a surveying network (geodetic fixed-point network) in the project area;
3.		Planning and implementation of a first phase of exploratory work as the basis for the planning and the preparation of a technical concept for the further exploratory work, including cost estimation;
4.		Creation of an overall concept for the implementation of all planning measures and other tasks related to the construction of the Brenner Base Tunnel.

(3) The scope of the comprehensive planning of the construction of the high performance stretch of the Innsbruck-State border at the Brenner (Brenner Base Tunnel) as a member of a European Economic Interest Grouper comprises:

1.		the completion and completion of the exploratory work;
2.		all planning measures which must be completed prior to the release of a regulation pursuant to § 3 (1) of the High Performance Act (such as the drawing up of an environmental impact assessment in accordance with the Environmental Impact Assessment Act) necessary documents);
3.		all planning measures enabling the granting of the construction permit and other permits necessary for the execution of the construction project to be obtained on the basis of its principles;
4.		the acquisition of the necessary rights to land, insofar as it appears appropriate and necessary in the course of planning with a view to securing the course of the route for this heavy-duty part;
5.		Deepening and complementing the studies on the concession and financing models.

(4) The construction design for the design of the railway engineering facilities and for the building and art buildings shall be based on the documents referred to in paragraphs 1 and 3. To the extent that the railway engineering facilities are those of the safety, traction current and telecommunication technology, the detailed plans of the Austrian Federal Railways are to be included. "

Gorbach