Agreement in accordance with Article 15a B-VG between the Federal Government and the Land of Upper Austria on the flood protection project "Eferdinger Basin"

The Federal Government,

represented by the Federal Government, represented by the Federal Minister for Transport, Innovation and Technology,

and

the Land of Upper Austria,

represented by the Landeshauptmann,

hereinafter referred to as "agreement parties",

have agreed to conclude the following agreement in accordance with Art. 15a B-VG:

Article 1

Due to the findings of the Danube flooding in June 2013, the parties agree to conclude the present agreement on the special financing of the flood protection project "Eferdinger Basin".

Article 2

The agreement parties undertake to implement the measures required to implement sustainable flood protection in the area of the Eferdinger Basin in the period 2014 to 2022 by the granting of non-refundable contributions in accordance with the Provisions of the Water Construction Promotion Act 1985, BGBl. No 148/1985 in the current version.

Article 3

(1) The parties to the agreement shall depart from eligible costs for the implementation of this flood protection project in the amount of up to EUR 250 000 000 (in words: two hundred and fifty million euros), which shall be covered as follows:

-		Confederation 50 vH;
-		Upper Austria 30 vH;
-		interestingly 20 vH.
Eligible costs within the meaning of this Agreement shall be equivalent to eligible costs within the meaning of the Water Construction Promotion Act 1985, BGBl. No 148/1985 in the current version.

(2) It is stated that the amount of up to 250 000 000, -- € is based on estimates by the Land of Upper Austria (price base 2013 including pre-valorisation). The Federal Ministry of Transport, Innovation and Technology as well as the Land of Upper Austria are currently working on a general project to sharpen the cost estimate. To the extent that a financial resource requirement deviating from the above sum is identified, the agreement parties, with the involvement of the Federal Ministry of Finance, immediately take up further negotiations.

Article 4

(1) The agreement parties agree to apply the means of funding as required by the conclusion of this agreement and on the basis of the current estimate of the Land of Upper Austria according to the following timetable:

Federal funds 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) Subsidies not consumed in accordance with paragraph 1 shall be available in the subsequent years up to 2022. Exceeding the term of this agreement beyond the year 2022 shall only be allowed in agreement of the agreement parties and the Federal Ministry of Finance.

Article 5

Funding within the meaning of this Agreement shall be granted exclusively for the purpose of carrying out the present project. The provision of support for ongoing operations and for the carrying out of maintenance operations is not the subject of this agreement.

Article 6

Funding is granted on the basis of the Water Construction Promotion Act 1985, BGBl. No 148/1985 in the current version, whereby a corresponding contract is to be concluded in accordance with the aforementioned Federal Act. The granting of grants is the relevant laws and regulations, in particular the Federal Law on the Law of the Federal Republic of Germany 2006, BGBl. I No 17/2006, as amended, and the General Framework Directives for the granting of grants from federal funds, BGBl. II No 51/2004, as amended.

Article 7

This agreement can only be resolved by agreement of the agreement parties.

Article 8

This Agreement shall enter into force at the end of the day on which:

1.		the requirements for entry into force required by the Federal constitution are met
		and
2.		at the Federal Chancellery, the notice issued by the Land of Upper Austria that the conditions necessary for the entry into force of the agreement have been met in accordance with the country's constitution.

Article 9

This Agreement shall be drawn up in a single original. The original text will be deposited with the Federal Chancellery. Each agreement party shall receive a certified copy.

Doris Bures eh For the federal government, according to the decision of the Federal Government: The Federal Minister for Transport, Innovation and Technology

Dr. Josef Pühringer eh For the Province of Upper Austria: The Governor

The Agreement entered into force on 19 December 2013 in accordance with its Article 8.

Faymann