2. Agreement In Accordance With Article 15A B-Vg Between The Federal Government And Countries Of Lower Austria, Upper Austria And Vienna, On Projects Of Flood Protection In The Area Of The Austrian Danube

Original Language Title: 2. Vereinbarung gemäß Artikel 15a B-VG zwischen dem Bund und den Ländern Niederösterreich, Oberösterreich und Wien über Vorhaben des Hochwasserschutzes im Bereich der österreichischen Donau

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2. Agreement in accordance with Article 15a B-VG between the Federal Government and the Länder of Lower Austria, Upper Austria and Vienna on flood protection projects in the Austrian Danube region

The Federal Government,

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

and

the Land of Lower Austria,

the Land of Upper Austria and

the Land of Vienna,

Represented by the Landeshauptmann,

hereinafter referred to as "agreement parties",

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

Preamble

The purpose of the present Agreement is the intention of the Federal Government and the Länder of Lower Austria, Upper Austria and Vienna to accelerate and to take effective protective measures in the future due to the consequences and experiences of the Danube floods in 2002. To set high-water events. The basis for this is the agreement BGBl. II No 67/2007.

Article 1

In pursuit and building as well as in addition to the agreement BGBl. II No 67/2007, the agreement parties agree to conclude the present agreement on the special financing of flood protection projects in the entire area of the Austrian Danube.

Article 2

The agreement parties undertake to implement the measures necessary to complete flood protection in the area of the Austrian Danube in the period 2017 to 2023 by the granting of non-refundable contributions in accordance with the Provisions of the Water Construction Promotion Act 1985, BGBl. No 148/1985. The planned projects and related studies, on the basis of which this completion of flood protection is to be carried out, can be seen from Appendix 1.

Article 3

(1) The parties to the agreement shall bear the costs of carrying out the flood protection measures in the area of the Austrian Danube in the amount of EUR 255 098 430,-(in words: two hundred and fifty-five million and 90 thousand four hundred euro), which are to be covered as follows:

-

Confederation 50 vH;

-

State concerned 30 vH;

-

Requesting interested party 20 vH.

(2) It is stated that the sum of 255 098 430, -- € is based on calculations (price base 2011 including pre-valorisation) of the respective federal states concerned.

(3) Furthermore, it is stated that the Federal Government will not carry out cost increases, which result in an increase of the federal share of 127 549 215, -- €. Cost increases for individual projects are to be covered within the country sum (Appendix 1) made available by the Federal Government or to be borne by the respective federal state and interested parties.

Article 4

(1) The agreement parties agree to apply the above eligible costs from the conclusion of this agreement in accordance with the agreed timetable (Appendix 2).

(2) The duration of this Agreement shall not be exceeded.

(3) The parties to the agreement agree that the support granted to the Land of Vienna for the flood protection Vienna 4 is agreed. Part in a lump sum similar to the subsidies of the 1. to 3. Part of the HWS Vienna continues to be granted.

Article 5

Funding within the meaning of this Agreement shall be granted exclusively for the implementation of projects listed in Appendix 1. 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, whereby a contract is to be concluded for each individual project in accordance with the above-mentioned 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 well as the General Framework Directives for the granting of grants from federal funds, Federal Law Gazette (BGBl). II No 51/2004.

Article 7

This agreement can only be resolved by agreement of all 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 notifications from the Länder that the conditions necessary for the entry into force of the agreement have been met in accordance with the country's constitutions.

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.

... Dr. Erwin Pröll eh ...

For the Land of Lower Austria

The Governor

... 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

... Dr. Michael Häupl eh ...

For the Land of Vienna:

The Governor

The agreement shall be concluded in accordance with its Article 8 with the end of the 4. It entered into force in October 2013.

Faymann