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

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_201/BGBLA_2013_I_201.html

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

 

 



The Federal Government, represented by the Federal Government, which is represented by the Federal Ministry for transport, innovation and technology, and the province of lower Austria, Upper Austria and the province of Vienna, represented respectively by the provincial Governor, the following 'Agreement parties' called, have come Convention in accordance with article 15a B-VG to conclude the following agreement:

Preamble



The purpose of this agreement is the intention of the Bund and the Länder of lower Austria, Upper Austria and Vienna due to the impact and experiences of the Danube flood 2002 accelerated and efficient protection measures against future floods. Base makes this the Agreement Federal Law Gazette II No. 67/2007.

Article 1



In pursuit and building as well as in addition to the Agreement Federal Law Gazette II No. 67/2007 the agreement parties agree to enter the concrete agreement on the special financing of projects of flood protection in the whole area of the Austrian Danube.

Article 2



The agreement parties commit themselves, the measures necessary for the completion of the flood protection in the area of the Danube during the period 2017 to 2023, by providing non-repayable contributions in accordance with the provisions of the water building Promotion Act 1985 BGBl. to promote no. 148/1985. The planned projects and associated studies, this completion of flood protection should be performed on the basis of which, are shown in Appendix 1.

Article 3

(1) the agreement parties are eligible costs for the implementation of flood control measures in the area of the Danube at the height of 255 098 depicted in Appendix 1 €430,--(in words: Euro zweihundertfünfundfünzigmillionenachtundneunzigtausendvierhundertdreißig), are to cover as follows:



-Federal 50 per cent;

-Affected State 30 per cent;

-Point application for interested party 20 VH.

(2) it is noted that the total of 255 098 €430,--2011 of the respective Federal States based on calculations (based on price) including advance valorisation.

(3) it is noted furthermore that the Federal Government will not support cost increases, which lead to an increase in the Federal share of 127 549 €215,--. Cost increases for individual projects are within the country total (Appendix 1) provided by the Federal Government to cover or to be borne by the respective State and other interested parties.

Article 4

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

(2) exceeding the term of this agreement is not allowed.

(3) the agreement parties hold, by mutual agreement, coming to Vienna funding for flood protection Vienna 4 part in lump form analog continue to grant promotions of the 1 up 3. part of the HWS Vienna.

Article 5



Funding under the terms of this agreement are granted exclusively to carry out by in Appendix 1-led projects. The granting of funding for ongoing operations, as well as to carry out maintenance is not the subject of this agreement.

Article 6



The granting of subsidies is based on the water building Promotion Act 1985, where for each individual project to complete is a contract according to the above-mentioned Federal Act. For the granting of funding the relevant laws and regulations, in particular the Federal Procurement Act 2006, Federal Law Gazette are I no. 17/2006, as well as the General guidelines for the granting of funding from federal funds, Federal Law Gazette II No. 51/2004, to be aware.

Article 7



This agreement can be resolved only in the agreement of all parties to the agreement.

Article 8



This agreement comes with the day in force on the 1st after the constitutional requirements for the entry into force have been met and 2nd at the Federal Chancellery are the messages of the countries, that the requirements for the entry into force of the agreement according to the constitutions of the country are met.

Article 9



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.

 





 





... Dr. Erwin Pröll anyway...

For the province of lower Austria

The country captain

 







... Doris Bures anyway...

For the Federation, in accordance with the decision of the Federal Government:

The Federal Ministry for transport, innovation and technology





... Dr. Josef Pühringer anyway...

For the province of Upper Austria

The country captain







 





... Dr. Michael Häupl anyway...

For the province of Vienna:

The country captain





 

The agreement entered into force in accordance with article 8 at the end of the 4th October 2013.

Faymann