Agreement in accordance with article 15a B-VG between the Federal Government and the province of Upper Austria over the flood protection project "Eferding basin"
The Federal Government,
represented by the Federal Government, which is represented by the Federal Ministry for transport, innovation and technology,
the province of Upper Austria,
represented by the provincial Governor.
hereinafter referred to as 'The parties' agreement
have agreed to conclude the following agreement in accordance with section 15a B-VG:
The agreement parties agree on the basis of the findings obtained in consequence of the Danube floods in June 2013 to close the concrete agreement on the special financing of the flood protection project "Eferding basin".
The agreement parties commit themselves, the measures necessary for the implementation of a sustainable flood protection in the area of the Eferding basin in the period 2014-2022 by providing non-repayable contributions in accordance with the provisions of the water building Promotion Act 1985 BGBl. to promote 148/1985 as amended, no..
(1) the agreement parties are eligible costs for the implementation of this flood protection project in the amount of up to 250 000 €000,--(in words: two hundred and fifty million euro), which are to cover as follows:
-Federal 50 per cent;
-Upper Austria 30 per cent;
-application of interested party 20 VH.
Eligible costs under the terms of this agreement are to equate with eligible costs within the meaning of the water building Promotion Act 1985, BGBl. No. 148/1985 as amended.
(2) it is noted that the amount of up to 250 000 €000,--is based on estimates of the province of Upper Austria (price) 2013 including advance valorisation. A sharpening of the estimate is currently worked by the Federal Ministry for transport, innovation and technology, as well as the State of Upper Austria in the framework of a general project. Unless a funding requirements deviating from the above mentioned total is identified, the agreement of parties, with the involvement of the Federal Ministry of finance will take without delay further negotiations.
(1) the agreement parties agree to raise the funds from this agreement tailor-made and based on the current estimate of Upper Austria, in accordance with the following schedule:
Federal funding up to
2014 30 000 €000,--
2015 25 000 €000,--
2016 15 000 €000,--
2017 15 000 €000,--
2018 15 000 €000,--
2019 10 000 €000,--
2020 10 000 €000,--
2021 3 000 €000,--
2022 2 000 €000,--
(2) funds spent not in accordance with paragraph 1 up to the year 2022 to available in the respective years. Exceeding the term of this agreement through the year 2022, is allowed only in agreement the agreement parties and the Federal Ministry of finance.
Funding under the terms of this agreement are granted exclusively to the implementation of the present project. The granting of funding for ongoing operations, as well as to carry out maintenance is not the subject of this agreement.
The granting of subsidies is carried out on the basis of water construction Promotion Act 1985, BGBl. No. 148/1985 as amended, using for that purpose a contract is in accordance with the above-mentioned Federal Act. For the granting of funding the relevant laws and policies, in particular the Federal Procurement Act 2006, Federal Law Gazette are I no. 17/2006 amended, as well as the General guidelines for the granting of funding from federal funds, Federal Law Gazette II No. 51/2004, amended, to keep in mind.
This agreement can be dissolved only in agreement of the parties of the agreement.
This agreement at the end of the day enter into force at the
1 after the Federal constitutional requirements for the entry into force have been met, and 2nd at the Federal Chancellery is the communication of the province of Upper Austria, that according to the country's constitutional requirements for the entry into force of the agreement are met,.
This agreement is issued in a single original. The original copy is deposited with the Chancellor's Office. Each agreement party receives a certified copy.
Doris Bures eh
For the Federation, in accordance with the decision of the Federal Government:
The Federal Ministry for transport, innovation and technology
Dr. Josef Pühringer eh
For the province of Upper Austria:
The country captain
The agreement entered into force in accordance with article 8 at the end of the 19th December 2013.