Key Benefits:
100. Federal Law on the promotion of sport by the Federal Federation (Federal Sport Promotion Law 2013 - BSFG 2013)
The National Council has decided:
Contents
1. Main
General provisions | |
1. Section | |
General | |
§ 1. | Sport policy mission |
§ 2. | Objectives, scope and autonomy of sport |
§ 3. | Definition provisions |
2. Section | |
Types of support and distribution of federal sports funding | |
§ 4. | Types of funding and coordination of support programmes |
§ 5. | Distribution of federal sports promotion funds and dual promotion system |
2. Main | |
Promotion of excellence and excellence | |
1. Section | |
Basis of support | |
§ 6. | Performance-oriented funding |
2. Section | |
Basic support | |
§ 7. | Content and areas of basic support |
3. Section | |
Promotion of measures and projects | |
§ 8. | Content and areas of action and project promotion |
§ 9. | Testing and selection |
4. Section | |
Detection of use and disbursement of support | |
§ 10. | Detection of use of support |
§ 11. | Disbursement and Recruitment |
3. Main | |
grassroots sport promotion | |
1. Section | |
Basic support | |
§ 12. | Promotion of the umbrella associations |
§ 13. | Promotion of the grassroots sport activities of the Federal Sport Federation, which is represented by football |
§ 14. | Promotion of the Pan-Austrian Association of Alpine Associations |
2. Section | |
Promotion of measures and projects | |
§ 15. | Content and resolution of actions and project promotion |
3. Section | |
Detection of use and disbursement of support | |
§ 16. | Detection of use, disbursement and recruitment |
4. Main | |
Promotion of general Austrian organizations with special tasks in sport | |
§ 17. | Basic support |
§ 18. | Content and resolution of actions and project promotion |
§ 19. | Detection of use, disbursement and recruitment |
5. Main | |
Other funding | |
§ 20. | Special funding from the Federal Sport Promotion |
§ 21. | Promotion of sports sites of general importance |
§ 22. | Injunction of federal schools |
§ 23. | Sport performance mark |
6. Main | |
General eligibility conditions and general and special conditions of support | |
1. Section | |
General conditions and conditions | |
§ 24. | General eligibility conditions |
§ 25. | General conditions and refund obligations |
2. Section | |
Special conditions | |
§ 26. | Special conditions |
3. Section | |
Control of the use and interest rate of reimbursement of the funds | |
§ 27. | Control of the wise use |
§ 28. | Interest rate on refund |
7. Main | |
Resolution of the Federal Sport Promotion | |
1. Section | |
Ensuring impartiality and safety | |
§ 29. | Inverein provisions |
2. Section | |
Federal Sport Promotion Fund | |
§ 30. | Establishment and tasks |
§ 31. | Movement of funds |
§ 32. | Exemption |
§ 33. | Supervisory supervision |
§ 34. | Institutions |
§ 35. | Federal Sport Conference |
§ 36. | The tasks of the Federal Sport Conference |
§ 37. | Meetings and decisions of the Federal Sport Conference |
§ 38. | Curator |
§ 39. | The Board of Directors and Accounts |
§ 40. | Meetings and decisions of the Board |
§ 41. | Promotion Advisory Council for the field of grassroots sport |
§ 42. | Support Advisory Council for the field of excellence and excellence |
§ 43. | Management |
8. Main | |
Support database | |
§ 44. | Establishment, content and public |
9. Main | |
Final provisions | |
§ 45. | Application of this federal law |
§ 46. | Federal Minister for Finance |
§ 47. | referral to other legislation |
§ 48. | Preparatory measures |
§ 49. | In and outright |
§ 50. | Transitional provisions |
§ 51. | Background |
1. Main
General provisions
1. Section
General
Sport policy mission
§ 1. Movement and sport for the entire Austrian population is a common concern. The aim of these efforts is to motivate 100% of the population and especially children and young people to move and sport. This need for a joint effort, including other social sectors, such as school and health. In line with the social importance of sport in Austria, sports promotion by the Federal Federation should serve the following general objectives:
1. | the contribution to the achievement of public interest in high-performance and top-level sport, as well as grassroots sport, to the promotion of public interest; | |||||||||
2. | the planned development of international sports successes taking into account the fight against doping; | |||||||||
3. | the long-term pre-accession of athletes to provide sports-specific international excellence; | |||||||||
4. | bringing more people to movement and sport and their ties with them; | |||||||||
5. | the development of performance and competition sport as a basis for top-level sport and lower-level sport; | |||||||||
6. | social integration of people with a migrant background; | |||||||||
7. | the broadest possible inclusion of people with disabilities; | |||||||||
8. | to secure the club and association network in sport. | |||||||||
Objectives, scope and autonomy of sport
§ 2. (1) In order to comply with the sport policy mandate pursuant to Section 1, the objectives of the Federal Sport Promotion are in particular:
1. | building and developing professional associations in sport, | |||||||||
2. | the establishment of a complex training and competition control system from young people to top sport; | |||||||||
3. | the strengthening of sports science and medicine, as well as the fight against doping, | |||||||||
4. | the use and training of highly qualified trainers, in the pre-stage instrators, as well as executives, | |||||||||
5. | development and support of excellence and excellence, | |||||||||
6. | promoting and supporting club sport; | |||||||||
7. | the strengthening of the sports facilities infrastructure; | |||||||||
8. | Strengthening the "Health through Sport" dimension; and | |||||||||
9. | the provision of sport-specific offers for sport or clubs. | |||||||||
(2) The objectives set out in paragraph 1 also includes the exercise of sports by people with physical, mental and/or disability.
(3) The powers of the countries are not affected by this federal law.
(4) The fulfilment of the sport policy mission and the objectives of the federal sport promotion support the unique character of sport, also recognised by the European Union, in full respect of the autonomy of sporting associations and organisations. In particular, the right to self-determination of their own organisation, their own will-building and management, as well as the right to create and exist.
Definition provisions
§ 3. In the sense of this federal law:
1. | Selection criteria: | |||||||||
criteria to be used to select actions and projects; | ||||||||||
2. | grassroots sport: | |||||||||
sport, which is mainly exercised in leisure and not in order to achieve national or international maximum benefits, but from pleasure in movement, physical fitness or health aspects; | ||||||||||
3. | Total Austrian organizations with special tasks in sport: | |||||||||
(a) | Sport organisation, which represents the concerns of general Austrian sport (Austrian federal sports organisation - BSO); | |||||||||
(b) | sports organisation representing the Olympic movement in Austria (Austrian Olympics Comité – ÖOC); | |||||||||
(c) | sports organisation representing paralympic movement in Austria (Austrian Paralympical Committee - ÖPC); | |||||||||
(d) | sports organisation representing the interests of people with disabilities in sport (Austrian Disabled Sport Federation – ÖBSV); | |||||||||
(e) | Sport organisation representing the Special Olympics Movement in Austria (Special Olympics Austria – SOÖ); | |||||||||
4. | Total Austrian competition event (mastership): | |||||||||
competition event (petrator), where a federal sports federation acts as an organiser or recognises the technical functions of the competition event; | ||||||||||
5. | Basic support: | |||||||||
support for the specific tasks of maintaining the administrative and sporting operation of sports organisations by granting funds; | ||||||||||
6. | International competition event (International Championship): | |||||||||
competition event taking place under the provisions of the IOC or of the IPC or the European Olympic Comités (EOC) or an organisation of the International Organization of Sports for Disabled (IOSD) or an international sports federation, or designated by them at the technical function of the competition event; | ||||||||||
7. | Sport/Spitzensport: | |||||||||
create competitive sports with the aim of producing national or international maximum benefits; | ||||||||||
8. | Actions and projects: | |||||||||
support a clearly defined, recurring measure or a temporary project in the field of sports promotion; | ||||||||||
9. | Projects of general importance: | |||||||||
projects that go beyond the interests of one country or more countries for themselves; | ||||||||||
10. | Member associations: | |||||||||
clubs belonging to a sports organisation of general importance; | ||||||||||
11. | Top athletes/Spitzen: | |||||||||
sportsperson/sportsler, who operates sports with the explicit goal of achieving excellence on an international scale; | ||||||||||
12. | Sport organisations of general importance in grassroots sport: | |||||||||
(a) | General Sport Association (Dachverband): | |||||||||
sports organisation, | ||||||||||
- | including at least 3 000 member associations in Austria, | |||||||||
- | care for at least 75% of the sports held by federal sports federations; and | |||||||||
- | represented in at least seven countries by a national association; | |||||||||
(b) | Total Austrian Association of Alpine Associations: | |||||||||
sports organisation, | ||||||||||
- | which include at least 75% of clubs in Austria where mountain is exercised, and | |||||||||
- | have at least 400 000 active and contributors; | |||||||||
13. | Sport organisation of general importance in the field of sport (Federal Sports Federation): | |||||||||
(a) | Sport organisation, which is a member and sole representative of Austria in the relevant international sports federation, is a member of the ASOIF (Association of Summer Olympic International Federations) or the AIOWF (Association of International Olympic Sports Federations) and is thus part of the programme of the Olympic Games or | |||||||||
(b) | Sport organisation meeting the following criteria: | |||||||||
(a) | which include at least 75% of sports clubs and sportsmen competing in a sport in Austria, | |||||||||
bb) | is a member and sole representative of Austria in the relevant international sports federation, which belongs to the SportAccord or a comparable international organisation; | |||||||||
cc) | are made up of at least 30 clubs in which at least 900 clearly registered members perform the sports represented, | |||||||||
(d) | represented in at least six federal states by a national association; | |||||||||
ee) | organise and implement Austrian championships, | |||||||||
ff) | the regularly recruiting participants to world and/or European championships or their qualification applicants; | |||||||||
gg) | which does not represent a sports type that is a combination of sports already covered by one or more eligible sports organisations; and | |||||||||
(h) | the aim of a self-determined, motor activity of any of them. This self-motor activity is not predominant, in particular, to think games, craft and modeling activities, to breed animals, to wear animals without inclusion of the movement of humans and to manage technical equipment without inclusion of human movement; | |||||||||
14. | Sports site: | |||||||||
investment exclusively or mainly aimed at conscious physical activity as well as activities in the sporting competition (e.g. sports hall, sports place, special facility for individual sports), including the facilities, the operation of the plant or the preparation for the use of the plant, buildings and premises; | ||||||||||
15. | trainers (Head of Exercise/Head of Exercise, Instruktorin/Instrator or similar names): | |||||||||
Professionally trained individuals who initiate individual athletes or sports teams technically, strategically or to improve physical and mental organs. | ||||||||||
2. Section
Types of support and distribution of federal sports funding
Types of funding and coordination of support programmes
§ 4. (1) Promotions within the meaning of this federal law
1. | money and expertise of a private nature, | |||||||||
2. | interest or credit costs; and | |||||||||
3. | interest-rate or amortisation advantaged loan | |||||||||
granted by the Federal Government as regards Z 1 to 3 and the Federal Sport Promotion Fund as regards Z 1 to another legal entity or to a person from federal funds for a performance already provided or planned. | ||||||||||
(2) Support through a money loan may be converted to a cash injection in whole or in part if the desired success of the measure or project can only be achieved through such a transformation, without fault of the beneficiary.
(3) In order to avoid multiple support, support programmes under this federal law are to be coordinated by the Federal Sport Promotion Fund.
Distribution of federal sports promotion funds and dual promotion system
§ 5. (1) Federal sports promotion funds are in particular
1. | which, according to § 20 of the Gambling Act (GSpG), BGBl. 620/1989, available appropriations and | |||||||||
2. | other means of promoting projects of general importance. | |||||||||
(2) The funds referred to in paragraph 1 Z 1 are:
1. | 50% for promotion in the field of excellence and top-level sport; | |||||||||
2. | 45% for promotion of grassroots sport; | |||||||||
3. | 5% for the promotion of general Austrian organizations with special tasks in sport. | |||||||||
(3) Derogation of paragraph 2 is in the case of an increase in the appropriations referred to in paragraph 2. 1 Z 1 from the date of the presentation of this federal law by the Federal Sport Conference, a distribution key for this additional funding to the areas referred to in paragraph 1. 2 Z 1 to 3.
(4) All promotions in accordance with paragraph 2 will be used for the promoter in accordance with § 3(2). 1 Z 3, 12 and 13 in each separate funding segment, on the one hand, as a basic support and on the other, as a support for action and projects.
(5) The Federal Sport Promotion Fund will be set up for the management of the support provided for in paragraph 1.
2. Main
Promotion of excellence and excellence
1. Section
Basis of support
Performance-oriented funding
§ 6. (1) In order to specifically promote performance and top-level sports, the Bundes-sport Promotion Fund, based on the assessment of performance, is to create a maturation of the federal sports associations.
(2) The assessment of the performance of the Federal Sport Associations is based on a point system and has to be carried out in particular according to the following main criteria:
1. | association structure and association work; | |||||||||
2. | quality of young work; | |||||||||
3. | international and national importance of sport; | |||||||||
4. | International proof of success. | |||||||||
(3) The Federal Minister for National Defence and Sport, on a proposal from the Federal Sport Conference for the Evaluation under paragraph. 2 and maturation according to paragraph 1 to draw up a set of criteria, with particular reference to:
1. | the details of the evaluation criteria referred to in paragraph 2; | |||||||||
2. | the maximum points to be reached in each of the criteria; | |||||||||
3. | the weighting of the criteria; | |||||||||
4. | the collection of criteria through a standardised assessment sheet. | |||||||||
(4) For the evaluation of the criteria referred to in paragraph 2 Z 1 and 2 have to submit a "structural and strategy concept" to the respective Federal Sport Federation.
(5) Reimbursement serves to assess the support requests by the Federal Sport Promotion Fund, in particular as a complementary assessment criterion of action and project support.
2. Section
Basic support
Content and areas of basic support
§ 7. (1) In total, at least 50% of the funds are in line with § 5(1) for the promotion of the performance and top-level sports of the federal sports associations. 2 Z 1.
(2) The basic support is defined by the Federal Sport Promotion Fund and is subject to the principles of impact orientation, taking into account the individual needs of the respective Federal Sport Federation. The definition is supported for a multi-year period, is too binding and can be modified in a demand-oriented way.
(3) The main areas of support are:
1. | Personal sports; | |||||||||
2. | infrastructure sport; | |||||||||
3. | personal association management; | |||||||||
4. | Infrastructure association management. | |||||||||
(4) The application for grassroots support must be submitted to the Federal Sport Promotion Fund and must at least include:
1. | Presentation of the need regarding the areas of support referred to in paragraph 3; | |||||||||
2. | presentation of each supporting position in each area; | |||||||||
3. | presentation of financing of support positions (financing plan); | |||||||||
4. | the amount of the requested support resulting from the representations in accordance with C 1 to 3. | |||||||||
(5) For the annual promotion of the performance and top-level sport activities of the federal sports federation representing football, at least 12.5% of the funds are provided for in Section 5(5). 2 Z 1.
3. Section
Promotion of measures and projects
Content and areas of action and project promotion
§ 8. (1) In the field of performance and top-level sports, the funds remaining under § 7 after deduction of basic support can be used in accordance with § 5(1). 2 Z 1 Measures and Projects of the Federal Sports Associations that serve the objectives set out in Section 2. Measures and project support will be defined by the Federal Sport Promotion Fund up to a level defined by this. The implementation of measures and project support is subject to periodic evaluation and potential adaptation, which is appropriate to the results of the evaluation.
(2) Measures and project support are specifically intended for:
1. | providing for competition and training; | |||||||||
2. | training; | |||||||||
3. | training; | |||||||||
4. | young people and school cooperation; | |||||||||
5. | investment in association management and performance centres; | |||||||||
6. | materials and research; | |||||||||
7. | event management; | |||||||||
8. | sport science and medicine; | |||||||||
9. | disability sport including measures to integrate people with disabilities; | |||||||||
10. | gender-oriented projects; | |||||||||
11. | complementary activities; | |||||||||
12. | Anti-Doping Work/Doping Prevention; | |||||||||
13. | Special measures to prepare for selected major sports events. | |||||||||
(3) The Federal Sport Promotion Fund has to produce a programme of support each year for the next calendar year and to give it an appropriate way. At least, the programme contains the following parameters:
1. | define the circle of applicants for funding; | |||||||||
2. | Definition of areas of support (priority) in accordance with paragraph 2; | |||||||||
3. | Duration of funding (starting and ending); | |||||||||
4. | all reasonable funding limits of the individual funding areas; | |||||||||
5. | eligible and, at least, non-eligible expenses and all reasonable amounts of individual measures and projects (funding positions); | |||||||||
6. | deadline for submission of measures and projects to be funded (funding positions); | |||||||||
7. | specific application elements of the individual funding areas; | |||||||||
8. | Information on the current guidelines for granting and billing aid. | |||||||||
(4) The Federal Sport Promotion Fund has also announced regulatory objectives with a view to setting targets.
(5) The application for action and project support is to be submitted to the Federal Sport Promotion Fund. In any case,
1. | the content and organisational presentation of individual measures and projects (funding positions) and their objectives within the areas of funding; | |||||||||
2. | presentation of the total cost of the measures and projects (funding positions) and their all-prone breakdown in detail costs; | |||||||||
3. | presentation of financing (financing plan) of measures and projects (funding positions); | |||||||||
4. | the amount of the requested support resulting from the representations in accordance with C 1 to 3. | |||||||||
(6) For support from the field of disability sport, the organisations referred to in § 3 p. c to e 2.5 % of the appropriations in accordance with Section 5(2). 2 Z 1. These funds are for the organisation according to Section 3 Z 3. d 1% of the appropriations in accordance with § 5(1). 2 Z 1 as an extended basic support.
Testing and selection
§ 9. (1) The Federal Sport Promotion Fund examines the applications before selection on the basis of the support programme under § 8(2). 3.
(2) Requests that do not all support parameters according to § 8(2). 3 are to be excluded from the selection procedure, with the Bundes-sport Promotion Fund not to mention the applicants for deficiencies and the possibility to remedy them in a reasonable time.
(3) If not all measures and projects (funding positions) can be supported from the agreed overall financial framework, they shall be encouraged to achieve the objectives set out in § 8. 4 are best suited. In this assessment, the following foundations are used:
1. | assessing the performance of the federal sports associations in accordance with Section 6; | |||||||||
2. | the results of the individual promotional and strategy talks (band talks); | |||||||||
3. | the target ratio of the requested measures and projects (funding positions). | |||||||||
Promoters who do not receive funding must be notified of the reasons. | ||||||||||
(4) In order to advise on the selection of the measures and projects submitted (funding positions), the Federal Sport Promotion Fund has relied on the appropriate support advisory body.
4. Section
Detection of use and disbursement of support
Detection of use of support
§ 10. (1) For each calendar year, the promoter has to demonstrate the correct use of the support by means of a certificate of use to the Bundessport Promotion Fund.
(2) The certificate of use is to be presented at a date to be determined by the Federal Sport Promotion Fund for the previous calendar year and must at least contain the following information:
1. | the total revenue and expenditure of the promoter in the scope of this funding; | |||||||||
2. | the promoter for the areas referred to in § 8 2 own and financial resources received by another local authority; | |||||||||
3. | descriptive presentation of the use of the funds (sach report), structured according to the areas of support referred to in § 7(2). 3 and § 8. 2 and the achievements associated with implementation; | |||||||||
4. | Moderate proof by listing the expenditure incurred with the funding, indicating the purpose, the beneficiary, the type and date of payment (legal provision), broken down according to the areas referred to in Section 7(1). 3 and § 8. 2 and within these areas, according to the funding positions; | |||||||||
5. | Structure of the beneficiary. | |||||||||
(3) The information referred to in paragraph 2 In addition, the evidence of use concerning the promotion of measures and projects has, at least, a presentation of the effect of the funding, indicating appropriate indicators in accordance with § 8(1). 4.
(4) The correct use of the funds from the support is to be shown against the Bundessport Promotion Fund and confirmed by it (base control).
(5) At the request of the Federal Minister for National Defence and Sport, the promoter has to list according to paragraph. 2 Z 4 to present the original notes, which are to be stored for ten years and to be exhausted, with the possibility to be sent in electronic form, if the complete, orderly, inconsistent, faithful and verifiable communication and the access to the original notes or their ex-post presentation is ensured (priority control).
(6) The Federal Minister for National Defence and Sport may provide for the presentation of the accounts or the clearance of accounts or similar entrepreneurship. If a balance sheet or audit has already been carried out in relation to other requirements, it is necessary to carry out such results in an appropriate manner.
Disbursement and Recruitment
§ 11. (1) The annual amount of support is to be paid in equal numbers per month. At the request of the promoter, the basic support can be paid in quarterly terms.
(2) If a promoter refuses to submit the evidence in accordance with Section 10, the disbursement of the support must be discontinued until the appropriate evidence is provided.
3. Main
grassroots sport promotion
1. Section
Basic support
Promotion of the umbrella associations
§ 12. (1) In total, at least 50% of the funds are in line with § 5(1). 2 p. The basic support is intended for the following purposes:
1. | conservation and development of the Austrian grassroots grassroots sports network through a professional association organisation; | |||||||||
2. | Measures to strengthen grassroots sport, in particular for | |||||||||
(a) | developing wide-ranging sports offers for new target groups, | |||||||||
(b) | creating health-enhancing sports opportunities and | |||||||||
(c) | Strengthening cooperation between sport and schools; | |||||||||
3. | Services referred to in paragraph 4; | |||||||||
4. | Expenditure in accordance with paragraph 5. | |||||||||
(2) The funds referred to in paragraph 1 are to be determined by the Federal Sport Promotion Fund for a four-year period. They pay the umbrella associations at the same level.
(3) The umbrella associations have a concept for the performance of the outrights. 4 to 10 benchmarks.
(4) The umbrella associations have at least the following services in accordance with paragraph for the basic promotion of the member associations and their members. 1 Z 3 to provide:
1. | training; | |||||||||
2. | Supporting the national competition operation by providing tangible and/or providing the necessary infrastructure; | |||||||||
3. | advisory services in association-specific legal matters, in financing matters relating to sports installations and maintenance, in industry, liability and insurance matters relating to sporting events and sports operations; | |||||||||
4. | other support, such as public employment measures and infrastructure necessary for the operation of associations. | |||||||||
(5) The umbrella associations have at least 40% of the basic funding for the following expenses according to paragraph. 1 Z 4 (Federal grant):
1. | use of trained trainers (executive heads of exercise, instrators); | |||||||||
2. | implementation of training measures; | |||||||||
3. | participation in and execution of competitions; | |||||||||
4. | the establishment, maintenance, rental and maintenance of sports facilities, with particular attention to accessibility; | |||||||||
5. | purchase and maintenance of sports equipment. | |||||||||
(6) The umbrella associations have to draw up internal guidelines for the transfer of the federal grant to their member associations. These Directives must be notified to the Federal Sport Promotion Fund.
(7) In addition, the umbrella associations have to prepare a federal subsidy programme per year for the use of these funds.
(8) Requests for federal grants from the 5 available means must be placed by the respective member associations at the competent body.
(9) The umbrella associations must ensure that they are provided with evidence of the correct use of the German federal subsidies within an agreed period. In addition, they have to agree on modalities for repayment of the German federal grant in breach of the conditions of support, in particular those to safeguard the attainment of the funding. In addition, it is necessary to define organisational incompatibilities.
(10) The services offered pursuant to paragraph 4 and the German federal subsidies in accordance with paragraph 4. 5 with the Directives for the use of these possibilities in accordance with paragraph 6 as well as the rules on proof and reimbursement according to paragraph. 9 are generally available on the Internet from the respective umbrella association.
Promotion of the grassroots sport activities of the Federal Sport Federation, which is represented by football
§ 13. (1) For the annual promotion of grassroots sport activities of the federal sports federation representing football, at least 20% of the funds are provided for in Section 5(2). 2 p. The basic support is intended for the following purposes:
1. | maintenance of operation; | |||||||||
2. | developing wide-ranging sports offers for new target groups; | |||||||||
3. | to strengthen cooperation between football sport and schools; | |||||||||
4. | training; | |||||||||
5. | support and implementation of the national competition operation; | |||||||||
6. | advisory services in association-specific legal matters, in financing matters relating to sports installations and maintenance, in industry, liability and insurance matters relating to sporting events and sports operations; | |||||||||
7. | other support, such as public employment measures and infrastructure necessary for the operation of associations. | |||||||||
(2) The Federal Sport Federation, representing football, has at least 40% of the basic funding for the following expenses to the member clubs (Federal grant):
1. | use of trained trainers (executive heads of exercise, instrators); | |||||||||
2. | implementation of training measures; | |||||||||
3. | participation in and execution of competitions; | |||||||||
4. | establishment, maintenance, rent and maintenance of sports facilities; | |||||||||
5. | purchase and maintenance of sports equipment. | |||||||||
(3) § 12(2). 6 to 10 on the draft Directives, the federal grant programme, the application, the evidence, the payment modalities, the inverein provisions and the publication on the Internet.
Promotion of the Pan-Austrian Association of Alpine Associations
§ 14. (1) For the annual promotion of the Pan-Austrian Association of Alpine Associations, at least 5% of the funds are provided for in Section 5(2). 2 p. The basic support is intended for the following purposes:
1. | maintenance of operation and | |||||||||
2. | Measures to safeguard the sports infrastructure in Austria. | |||||||||
(2) The Pan-Austrian Association of Alpine Associations has at least 40% of the basic funding for the following expenses to the member associations (Federal grant):
1. | use of trained trainers (executive heads of exercise, instrators); | |||||||||
2. | implementation of training measures; | |||||||||
3. | participation in and execution of competitions; | |||||||||
4. | establishment, maintenance, rent and maintenance of sports facilities; | |||||||||
5. | purchase and maintenance of sports equipment. | |||||||||
(3) § 12(2). 6 to 10 on the draft Directives, the federal grant programme, the application, the evidence, the payment modalities, the inverein provisions and the publication on the Internet.
2. Section
Promotion of measures and projects
Content and resolution of actions and project promotion
§ 15. (1) In the field of grassroots sport, funds can be made available under § 5(1). 2 Z 2 measures that serve the objectives set out in Section 2 and whose costs are not covered by the basic funding. For these promotions, at least 20% of the funds are in line with § 5. 2 p. Measures and projects will be defined annually by the Federal Sport Promotion Fund and subject to evaluation.
(2) Measures and project support are specifically intended for:
1. | programmes to support young people; | |||||||||
2. | general movement programmes with broad-based orientation; | |||||||||
3. | general movement programmes for health-oriented movement promotion; | |||||||||
4. | Measures to strengthen the anchorage of organised sport at school; | |||||||||
5. | Measures for more movement in kindergarten and school age; | |||||||||
6. | structural improvement programmes and innovation measures; | |||||||||
7. | co-financing projects with health professionals; | |||||||||
8. | Measures in the framework of the coordination of the nationwide network for movement promotion (§ 26 Z 1 lit. d). | |||||||||
(3) In determining the funding programmes, particular attention should be paid
1. | the objectives of the National Action Plan, | |||||||||
2. | integration and inclusion of socially disadvantaged groups (humane with body, mind and/or disability, migrant women/migrants); | |||||||||
3. | Promoting gender equality | |||||||||
4. | the promotion of the sporting attitude of athletes ("Fair Play in Sport"). | |||||||||
(4) § 8(2). 3 to 5 on the support programme, application and § 9 for the examination and selection of measures and projects must be applied in the light of § 9(2). 3 Z 1 does not apply.
(5) The Federal Sport Promotion Fund has sent the programmes for the promotion of movement under § 26 Z 1. to coordinate.
3. Section
Detection of use and disbursement of support
Detection of use, disbursement and recruitment
§ 16. (1) For each calendar year, the promoter has to demonstrate the correct use of the federal sports promotion by means of a certificate of use to the Bundessport Promotion Fund.
(2) The certificate of use must be presented at a date to be determined by the Bundessport Promotion Fund for the previous calendar year and must at least contain the following information:
1. | the total revenue and expenditure of the promoter in the scope of this funding; | |||||||||
2. | in-depth report taking into account the commitments and associated use of the federal sports promotion; | |||||||||
3. | the list of expenses incurred from the initial funding with the purpose, the beneficiary, the type and date of payment; | |||||||||
4. | Structure of the beneficiary; | |||||||||
5. | number of member associations; | |||||||||
6. | Federal grant in accordance with Article 12(2). 5, 13 paragraphs. 2 and 14 paragraphs. 2 | |||||||||
(a) | for which member associations, | |||||||||
(b) | the amount and | |||||||||
(c) | for what purpose | |||||||||
such support has been given; | ||||||||||
7. | a report on the verification of the correct use of the German federal grant in accordance with paragraph 4. | |||||||||
(3) § 10. 3 to apply.
(4) The incorrect use of the German federal subsidy in accordance with § 12. 5, § 13(2). 2 and § 14 paragraphs. 2 is to be reviewed by the umbrella associations, the federal sports federation representing football and the general Austrian Federation of Alpine clubs. To this end, the Member States concerned have their associations the original notes and, moreover, from a, sachadäquat in the rules set out in Section 12(2). 6 to submit a report on the funded measure.
(5) § 10. 4 to 6 on basic and priority control must be applied.
(6) § 11 on the disbursement and termination of the support must be applied.
4. Main
Promotion of general Austrian organizations with special tasks in sport
Basic support
§ 17. For the general public organizations with special tasks in sport, at least the following means are available under Section 5(2). 2 Z 3 for annual basic funding:
1. | 25% for the organisation representing the Austrian sport (BSO); | |||||||||
2. | 40% for the Austrian Olympic Comité (ÖOC); | |||||||||
3. | 2.5 % for the Austrian Paralympic Committee (ÖPC); | |||||||||
4. | 10% for the sports organisation, which represents the general public concerns of people with disabilities (ÖBSV); | |||||||||
5. | 2.5% for the sports organisation, which represents Special Olympics International in Austria (SOÖ). | |||||||||
Content and resolution of actions and project promotion
§ 18. (1) In the field of general Austrian organizations with special tasks in sport, funds can be made available under Section 5(1). 2 Z 3 measures to support the objectives set out in Section 2 and not covered by the basic funding. The establishment of measures and projects will be supported by the Federal Sport Promotion Fund. The implementation of measures and projects is subject to a periodic evaluation and a potential adaptation that is appropriate to the results of the evaluation.
(2) Measures and project support include areas defined by the Federal Sport Promotion Fund.
(3) § 8(2). 3 to 5 on the support programme, application and § 9 for the examination and selection of measures and projects must be applied in the light of § 9(2). 3 Z 1 does not apply.
(4) In the field of general Austrian organisations with special tasks in the field of disability sport, in accordance with Section 3 (c) to (e) the measures and projects will be funded under § 8(c). 6.
Detection of use, disbursement and recruitment
§ 19. (1) For each calendar year, the promoter has to demonstrate the correct use of the support by means of a certificate of use to the Bundessport Promotion Fund.
(2) The certificate of use must be presented at a date to be determined by the Bundessport Promotion Fund for the previous calendar year and must at least contain the following information:
1. | the total revenue and expenditure of the promoter in the scope of this funding; | |||||||||
2. | in-depth report taking into account the commitments and associated use of the federal sports promotion; | |||||||||
3. | the list of expenses incurred from the initial funding with the purpose, the beneficiary, the type and date of payment; | |||||||||
4. | Structure of the beneficiary. | |||||||||
(3) § 10. 3 to apply.
(4) § 10. 4 to 6 on basic and priority control must be applied.
(5) § 11 on the disbursement and termination of the support must be applied.
5. Main
Other funding
Special funding from the Federal Sport Promotion
§ 20. (1) The Federal Minister for National Defence and Sport is empowered to use existing sports promotion funds in accordance with Section 5(2). 1 Z 2 without tendering to promote projects of general importance, taking into account the need for funding.
(2) Projects referred to in paragraph 2. 1 in particular
1. | organising sports events of international importance in Austria, such as Olympic games, championships, European championships, or of general importance as well as pan-Austrian sporting meetings; | |||||||||
2. | establishment, renewal, extension, modernisation and rehabilitation of federal-relevant sports infrastructure and sports facilities of general importance; | |||||||||
3. | general, inter-federal measures to attract young people in sport, | |||||||||
4. | combating doping as well as anti-doping work within the meaning of the Anti-Doping Federal Law 2007 (ADBG 2007), BGBl. I No 30, by the Independent Doping Control Facility pursuant to Section 4 ADBG 2007 (NADA Austria), | |||||||||
5. | maintaining and improving international links in sport, | |||||||||
6. | promotion of women's and girls' sports, especially taking into account the gender dimension of society; | |||||||||
7. | Promote the integration of socially disadvantaged groups and people with a migrant background in sport, | |||||||||
8. | general project promotion of general Austrian or international importance or innovative measures; | |||||||||
9. | Promote sport scientific projects and scientific work in sport as well as sports publications of international or macroeconomic importance; | |||||||||
10. | Promotion of institutions of general importance in sport and | |||||||||
11. | Top-level sport promotion – Red-white-Red team. | |||||||||
(3) To the extent to which sports sites are listed in paragraph 2 Z 2 will not be used for international or macro-economic sporting affairs, they will be available for schools and other sporting events.
(4) § 10 on the proof of the use of measures and projects must be applied in the light of the fact that the use of the means of support to the Federal Minister for National Defence and Sport is to be demonstrated and confirmed by these/dies. No. 2 Z 11 allows the Federal Minister for National Defence and Sport to entrust the Federal Sport Promotion Fund with basic control.
Promotion of sports sites of general importance
§ 21. (1) The promotion of the establishment, renewal, extension, modernisation, rehabilitation and conservation of sports sites of general importance is only allowed if they conform to the Directives of the internationally recognized sports associations, unless they are training facilities that are sufficiently taken into account, even without compliance with these Directives.
(2) The promoter may, in the context of support under paragraph. 1 the presentation of an opinion by an expert appointed by the Federal Minister for National Defence and Sport on the efficiency, usefulness and austerity, as well as the accessibility of the planned sports facilities investment and the maintenance of the current management of the sports site, if the expected costs of the opinion are proportionate to the total cost of the sports facilities investment and the planned support from federal funds. The costs of the opinion have to be borne by the promoter.
(3) The support can be made conditional on the establishment of an Advisory Board for the purpose of the accompanying control. The closer arrangements must be made in the Promotion Agreement. At least listen to the Advisory Board
1. | a representative/a representative of the Federal Ministry of Defence and Sport, | |||||||||
2. | a representative/a representative of each other Federal Service Office, who is directly involved in the promotion, | |||||||||
3. | a representative/a representative of the project promoter; and | |||||||||
4. | the creator of the opinion in accordance with paragraph. 2 at the expense of the promoter. | |||||||||
Injunction of federal schools
§ 22. If facilities are left to the federal schools for sporting purposes at any time, this transfer may be made free of charge.
Sport performance mark
§ 23. (1) The Federal Minister for National Defence and Sport is empowered to create general public service marks, provided that it is appropriate for the pursuit of sporting activity and to define, by exvocation, the performance of which a particular sports performance sign is to be awarded.
(2) In the praise, sporting services must be required in one or more sporting disciplines, which can usually be expected by the person concerned, according to appropriate training. Depending on the services requested, various badges can be provided for young people and adults and various stages of the badges.
(3) The sports performance mark must be given names that indicate the overall Austrian character and the sport type in which the performance is required.
(4) It is to be published in the "Amtsblatt für Wiener Zeitung" and via the Internet.
6. Main
General eligibility conditions and general and special conditions of support
1. Section
General conditions and conditions
General eligibility conditions
§ 24. (1) Promotions can only be granted on written request.
(2) The proper management and the necessary technical capabilities of the promoter must not give rise to any doubt. If the promoter is a legal person, these requirements must be fulfilled by their institutions.
(3) The implementation of the project to be supported or the maintenance of the operation of the promoter must be financially secured, taking into account the support from federal funds or from the federal sports fund.
(4) If an eligible project affects interests of other local authorities, an appropriate involvement of these in the promotion will be sought under the coordination of the respective resources. It is possible to seek a cost-sharing of private beneficiaries and to advise and support the promoter in this respect.
(5) There is no right to support.
(6) Before disbursement, the promoter will conclude a contract containing all the conditions that ensure the economic use of the aid.
(7) In compliance with the provisions of the Federal Budget Law 2013 (BHG 2013), BGBl. I No. 139/2009, the Federal Minister for National Defence and Sport and the Federal Sport Promotion Fund are authorised to conclude multi-annual promotion agreements.
General conditions and refund obligations
§ 25. (1) The following commitments must be transferred to the promoter:
1. | in the promotion of projects according to the agreed timetable, otherwise to start immediately after receiving the support, to implement these rapidly and to conclude them within the agreed otherwise reasonable period; | |||||||||
2. | in the promotion of projects all events that delay or make impossible to carry out, immediately and on its own initiative, to inform the promoter; | |||||||||
3. | when awarding contracts for deliveries and services, without prejudice to the provisions of the Federal Public Procurement Act 2006 (BVergG 2006), BGBl. I No. 17, for comparative purposes, have proven to obtain several offers as far as this is appropriate with regard to the value of the estimated contract value; | |||||||||
4. | provide a certificate of use in accordance with Articles 10, 16 and 19 within the agreed period; | |||||||||
5. | with the examination of the aid management of bodies of the Federal and Organs of the European Union, access to the documents necessary to demonstrate the use of the aid, as well as in other documents intended for the verification of the implementation of the supported performance, to the extent that they are relevant for funding, all of which are, in principle, in original, self-employed or in third parties, including on-site visits; | |||||||||
6. | to provide the necessary information with the examination of the aid resolution to bodies of the Federal and Organs of the European Union; | |||||||||
7. | comply with the conditions of the Anti-Doping Federal Law 2007; | |||||||||
8. | to keep all books and documents with evidence of devaluation and depreciation date, as well as other relevant documents to the extent that they are relevant for funding, ten years from the end of the year of disbursement of the entire support safely and orderly; | |||||||||
9. | do not have the aid granted either by assignment, instructions or by other means; | |||||||||
10. | the Federal Minister/the Federal Minister for National Defence and Sport, without delay, to reveal all events that would require an amendment to the agreed conditions and to comply with its communication obligations; | |||||||||
11. | on the Equal Treatment Act (GlBG), BGBl. I No. 66/2004, the Federal Disability Act (BGStG), BGBl. I No. 82/2005, as well as the non-discrimination rule under § 7b of the Disability Reduction Act (BGBl). No. 22/1970 to take care of the increased extent; | |||||||||
12. | to agree on the inclusion of the funding granted, including the amount of support and, for the purpose of the publicly accessible support database. | |||||||||
(2) In addition, the promoter is obliged to refund immediately or partially immediately, via the request of the Federal Minister for National Defence and Sport, the Federal Sport Promotion Fund or the European Union, where an unpaid loan is immediately due and the right to secure and unpaid promotional funds is recovered if the promoter
1. | communication and display obligations (Figures 1 Z 2 and 10) do not comply with or | |||||||||
2. | does not specify any agreed use certificates or other communication obligations within the agreed deadlines, provided that a written warning which expressly refers to the law of non-compliance has not been successful, or | |||||||||
3. | to prevent or prevent control measures, or to prevent the improper use of support within the period provided for the retention of the documents by intentional action or omission; or | |||||||||
4. | the means of support have been used in whole or in part illegally; or | |||||||||
5. | has acted in violation of the prohibition or prohibition of inadmissible assignments, instructions or other available | |||||||||
6. | other eligibility conditions, in particular those intended to ensure the achievement of the promotion objective, have not been respected, or | |||||||||
7. | with the intentions of sport promotion, the federal or European Union bodies have incorrect or incompletely informed about essential circumstances | |||||||||
8. | The conditions of the Anti-Doping Federal Law 2007 are not respected. | |||||||||
(3) If a project cannot be carried out or has been carried out in part without fault of the promoter, the Federal Minister for National Defence and Sport or the Federal Sport Promotion Fund may take away from the expiry of the claim and from the reimbursement of the loan (distribution of the loan) from the means of aid which are due to the part of the project if it is eligible for funding alone.
(4) If the support is granted by the Federal Sport Promotion Fund, the rights referred to in paragraph are: 1 and 2 of them.
(5) Directives on the granting and settlement of subsidies pursuant to Articles 7 to 19 are to be adopted on a proposal by the Federal Sport Conference following examination by the Board of Curators by the Federal Minister for National Defence and Sport. In these cases, there must be a suspension and/or recovery of support if the institutions of the European Union so require. The Directives also have to:
1. | the approach to setting regulatory objectives; | |||||||||
2. | the method to select target indicators; | |||||||||
3. | the approach to unpredicted funding; | |||||||||
4. | the method of recovery; | |||||||||
5. | the method of recovery; | |||||||||
6. | the requirements for conversion and redeployment; | |||||||||
7. | Information about the type of devaluation of the original notes and the date of devaluation. | |||||||||
(6) Directives on the granting and settlement of subsidies pursuant to Section 20 are to be adopted by the Federal Minister for Defence and Sport.
(7) The Federal Minister for National Defence and Sport may, if necessary, provide for derogations in the Directives on the granting and settlement of subsidies from the provisions of the General Framework Directives of the Federal Republic for the granting of subsidies.
(8) The Directives referred to in paragraphs 5 and 6 are generally accessible on the Internet.
2. Section
Special conditions
Special conditions
§ 26. In addition, in addition to the conditions laid down in Section 25, the following conditions must be agreed with the promoter:
1. | with the umbrella associations the obligation | |||||||||
(a) | to coordinate with each other and with each of the relevant Federal Sports Associations, in particular in the management of training camps and championships, as well as in the field of sports-specific measures in the field of children and young people. | |||||||||
(b) | hold a coordination meeting at federal level between the relevant speakers of the host and federal sports associations at least once a year; | |||||||||
(c) | at least 40% of their total funding under § 5 2 Z 2 in favour of their member associations; and | |||||||||
(d) | participate in a nationwide network to promote movement and maintain an appropriate structure; | |||||||||
2. | with the organisations that comply with § 8(1). 6 funds will be given to agree on these measures and projects with the respective Federal Sport Federation; | |||||||||
3. | with the federal sports federations, the obligation to cooperate in accordance with Z 1. a and b and Z 2. | |||||||||
3. Section
Control of the use and interest rate of reimbursement of the funds
Control of the wise use
§ 27. (1) The proper use of the support of the Bundessport Promotion Fund is to be reviewed on the basis of the evidence provided for in Articles 10, 16 and 19. Furthermore, it is to be underestimated whether and to what extent the effect sought by the grant currency has been achieved. The Federal Sport Promotion Fund has a presentation under § 10. 3 to define a catalogue of indicators.
(2) The knowledge-based use of the means of funding presented by the promoter in the certificates of use can be sampled to the extent necessary by obtaining evidence and other documentation from the promoter, as well as evidence from the member associations, the federal subsidies under § 12. 5 have received verification.
(3) The review and evaluation pursuant to paragraphs 1 and 2 is the responsibility of the Federal Sport Promotion Fund. In addition, the Federal Minister for National Defence and Sport has to carry out continuous random tests of the original findings of the promoters. The Federal Sport Promotion Fund has to provide all necessary documents to the Federal Ministry of National Defence and Sport, or to grant access to the evidence. The results of the tests must be notified to the Federal Sport Promotion Fund.
(4) In assessing the success of support through the Bundes-sport Promotion Fund, the support advisory board for grassroots sport or the promotion advice for the field of excellence and top-level sports, depending on the field of expertise.
Interest rate on refund
§ 28. (1) In the following cases, a discount on the amount of refund will be made on the basis of the date of fulfilment of a real estate in accordance with Z 1 to 7 with 4 vH above the applicable and the base interest rate per year, which is payable by the Austrian National Bank, using the interest rate method when the beneficiary:
1. | does not impose any agreed use certificates or other communication obligations within the agreed deadlines, provided that a written warning which expressly refers to the law of non-compliance has been unsuccessful; | |||||||||
2. | prevent or prevent control measures, or no longer oversight the use of the support within the period provided for the retention of the documents; | |||||||||
3. | the means of support have been used in whole or in part illegally; | |||||||||
4. | has acted in violation of the ban on the use of inadmissible assignments, instructions or other available assets; | |||||||||
5. | the eligibility requirements to ensure the attainment of the promotion objective have not been respected; | |||||||||
6. | has informed inaccurate or incompletely of essential circumstances of sport promotion bodies of the Federal or European Union; | |||||||||
7. | The conditions of the Anti-Doping Federal Law 2007 have not been respected. | |||||||||
(2) In the event of a delay in the refund of the aid, interest rates of late payment should be reconciled to the extent of 4 vH above the applicable base rate per year from the date of late payment.
7. Main
Resolution of the Federal Sport Promotion
1. Section
Ensuring impartiality and safety
Inverein provisions
§ 29. (1) Servants of the Federal Ministry of National Defence and Sport, who are involved in the granting, settlement and control of the use of federal sports funds, officials and employees of the Federal Sport Promotion Fund and members of the Promotion Advisory Council for the field of grassroots sport, as well as the Promotion Advisory Council for the Field of Excellence and Excellence, cannot
1. | Members of a board (e.g. Federal Executive Board, Executive Board) or | |||||||||
2. | Senior official staff | |||||||||
by beneficiaries under Section 3 Z 3, 12 and 13. | ||||||||||
(2) Members of the Promotion Council for the field of grassroots sport and the Promotion Advisory Council for the Field of Excellence and Excellence cannot at the same time be a member of another body of the Federal Sport Fund.
(3) The main official staff of the Federal Sport Promotion Fund cannot be a member of another body of the Federal Sport Promotion Fund.
(4) In the Federal Ministry of National Defence and Sport and in the Federal Sport Promotion Fund, care must be taken to ensure that the granting and control of the use of federal sports funds is carried out in separate organisational units.
2. Section
Federal Sport Promotion Fund
Establishment and tasks
§ 30. (1) With the entry into force of this federal law, the Federal Sport Promotion Fund will be established. The Federal Sport Promotion Fund as an independent organisation of Austrian sport
1. | is a legal person public law, | |||||||||
2. | is under the authority of the Federal Ministry of Defence and Sport, | |||||||||
3. | has its seat in Vienna and | |||||||||
4. | for non-profit purposes. | |||||||||
The Federal Sport Promotion Fund is an independent legal entity whose rights and obligations are governed by this federal law. The provisions of the Federal Foundation and Fund Law, BGBl. No 11/1975, are not applicable. The financial year of the Federal Sport Promotion Fund is the calendar year. On the staff of the Federal Sport Promotion Fund, the Act of Employees, BGBl. No 292/1921, applies. | ||||||||||
(2) The tasks of the Federal Sport Promotion Fund are:
1. | the award, resolution and basic control of promotions in accordance with Articles 7 to 19 including the holding of individual promotional and strategy talks ("band talks"); | |||||||||
2. | the performance of other tasks entrusted by the Federal Minister for National Defence and Sport, and | |||||||||
3. | the coordination of the nationwide network for movement promotion in Austria (§ 26 Z 1 lit. d). | |||||||||
(3) The Federal Sport Promotion Fund may be authorised to carry out the management of sports promotion, in particular for local authorities, against cost-cutting charges.
(4) The fund has to be balanced. Its means must be interpreted in such a way that they can be used to cover the effort at least.
Movement of funds
§ 31. (1) The funds of the Federal Sport Promotion Fund are raised by:
1. | contributions from the Federal State to the amount of funds made available under § 20 GSpG for the federal sports promotion from the taxes of the lucky match concessionaires; | |||||||||
2. | other contributions from the Federal Government in accordance with the funds provided for in the Federal Financial Law for the Federal Sport Promotion Fund, in particular to finance the activities and administration of the Fund; | |||||||||
3. | repayment of subsidies; | |||||||||
4. | other return flows and interest rates from funds; | |||||||||
5. | other revenue; | |||||||||
6. | voluntary donations. | |||||||||
(2) The Federal Minister for National Defence and Sport has the annual contributions according to paragraph. 1 Z 1 in 12 equal amounts to be allocated to the Federal Sport Promotion Fund in advance.
Exemption
§ 32. The German Federal Sport Promotion Fund, its contribution to it and promotion contracts with it are exempted from all charges except for judicial and judicial management fees and VAT.
Supervisory supervision
§ 33. (1) The Federal Sport Promotion Fund is subject to the supervision of the Federal Minister for National Defence and Sport, in particular its/seiner departments responsible for the revision.
(2) The supervision covers:
1. | compliance with the legal framework; | |||||||||
2. | the fulfilment of the tasks assigned to the Federal Sport Promotion Fund and | |||||||||
3. | the feasibility of the Bundessport Promotion Fund. | |||||||||
(3) In the context of supervision, the Federal Minister for National Defence and Sport is responsible in particular
1. | approval of the Rules of Procedure of the Board of Curator and | |||||||||
2. | the discharge of the board. | |||||||||
(4) The Federal Minister for National Defence and Sport is entitled to be informed of all matters of the Federal Sport Promotion Fund. The institutions of the Federal Sport Promotion Fund are obliged, at any time and immediately
1. | to provide such information to the Federal Minister for Defence and Sport; | |||||||||
2. | submit business documents and documents relating to the items referred to by their/ihm; | |||||||||
3. | to collect it/ihm ordered; | |||||||||
4. | carry out on-site inspections ordered by their/ihm | |||||||||
5. | to give access to books and writings. | |||||||||
The Dutch rules on the meetings of the Board are to be submitted to the Federal Minister for National Defence and Sport without delay. | ||||||||||
(5) The feasibility of the Bundessport Promotion Fund is subject to the audit of the Court of Auditors.
Institutions
§ 34. Institutions of the Federal Sport Promotion Fund
1. | the Federal Sport Conference, | |||||||||
2. | the Curatorium, | |||||||||
3. | promotion advice for grassroots sport, | |||||||||
4. | Support Advisory Council for the field of excellence and excellence | |||||||||
5. | management. | |||||||||
Federal Sport Conference
§ 35. (1) The Federal Sport Conference consists of eleven members. The members are appointed as follows:
1. | three members by the Federal Minister for National Defence and Sport and | |||||||||
2. | eight members of the sports organisation representing the Austrian sport. | |||||||||
(2) The members of the Federal Sport Conference elect the Chairperson/de-Chairperson and the Deputy Deputy/Representative of the Chairperson from their circle.
(3) The members are appointed for five calendar years. The function period starts with the first meeting of the members of the newly appointed Federal Sport Conference, adding the calendar year of the beginning of the period of function to the calculation of the duration of function. When a member comes to an early stage, the Federal Sport Conference is to be complemented by a new appointment. After the end of the period of operation, the Federal Sport Conference has continued until the newly appointed Federal Sport Conference meets.
(4) The membership of the Federal Sport Conference will end before the end of the period of function if the member
1. | or | |||||||||
2. | it was sentenced by a national court for one or more offences committed with intent to a prison sentence if | |||||||||
(a) | the sentence imposed exceeds one year or | |||||||||
(b) | the non-related imprisonment exceeds six months | |||||||||
or | ||||||||||
3. | because of severe physical or mental impairment, it is impossible to exercise a proper function. | |||||||||
(5) The Federal Sport Conference has a Rules of Procedure.
(6) The membership of the Federal Sport Conference is an unattractive honorary Office.
The tasks of the Federal Sport Conference
§ 36. (1) The Federal Sport Conference is responsible for the management of the Federal Sport Promotion Fund. In doing so, it has to apply the diligence requirements of a regular entrepreneur and to respect the entrepreneurship principles. It represents the Federal Sport Promotion Fund outside.
(2) In particular, the tasks of the Federal Sport Conference are:
1. | approval of the support programmes of the Federal Sport Promotion Fund in accordance with § 8, 15(2). 4 and 18 paragraphs. 3, | |||||||||
2. | the approval of the support of the Federal Sport Promotion Fund, | |||||||||
3. | the appointment of members of the Promotion Advisory Boards in accordance with Articles 41 and 42, | |||||||||
4. | the discussion of the Federal Minister/Minister for National Defence and Sport in general matters relating to federal sports promotion, | |||||||||
5. | the appointment of the Executive Director of the Federal Sport Promotion Fund after the establishment of an agreement with the Federal Minister for National Defence and Sport, | |||||||||
6. | the convening of the Executive Director/Director after the establishment of an agreement with the Federal Minister for Defence and Sport, | |||||||||
7. | the adoption of a Rules of Procedure for the Executive Director, in agreement with the Board of Curators, which in particular governs its representation; | |||||||||
8. | the decision-making on the annual budget of the Federal Sport Promotion Fund and the presentation to the Board of Curator, | |||||||||
9. | the decision-making on the establishment plan for the Federal Sport Promotion Fund and the submission to the Board of Curator, | |||||||||
10. | the approval of the conclusion of service contracts of the Federal Sport Promotion Fund and in agreement with the Board of Governors of Legal Operations, which have a permanent or multi-annual financial burden on the Bundessport Promotion Fund; | |||||||||
11. | the definition of a distribution key in accordance with Section 5(1). 3 and 3 | |||||||||
12. | in agreement with the Board of Directors, the establishment of a financial regulation. | |||||||||
(3) In addition, the Bundes-sport Conference has regularly reported to the Board of Curatorium, at least quarterly, on the course of business and the situation of the Bundessport Promotion Fund compared to the perspective account, taking into account future developments (Quartal Report). The chairperson of the Board of Curator must immediately report on this important occasion. It is also important to report promptly to the Board of Governors (Special Report) about the circumstances that are of major importance for the liquidity of the Federal Sport Promotion Fund.
Meetings and decisions of the Federal Sport Conference
§ 37. (1) The Federal Sport Conference has held a meeting at least four times in the calendar year.
(2) The Federal Sport Conference will be convened by the Chairperson or by the Chairperson, or by telephone or fax or by e-mail at the time, place and agenda. Management is to be agreed by convening a meeting. The Federal Sport Conference will be able to decide if all members were invited at the latest two weeks before the meeting date and at least half of the members are represented by the Chairperson or at the time of prevention of the Deputy/Deputy.
(3) Each member of the Federal Sport Conference, the Executive Board and the Federal Minister for National Defence and Sport may, with reference to the purpose and reasons, require that the Chairperson or their/her prevention shall convene a meeting without delay.
(4) At the meetings of the Federal Sport Conference, the Executive Board is entitled to participate. It is committed to participating if the Federal Sport Conference requires this. Experts and information persons can be attracted to advice on individual objects.
(5) A member of the Federal Sport Conference can trust another member in writing with his representative at a single meeting. The member represented is not in charge of determining the ability to decide.
(6) The chairperson or their/her prevention is chaired by the meeting. On the negotiations and decisions of the Federal Sport Conference, a written warning must be issued to the Chairperson or to the Deputy Deputy Deputy Prime Minister.
(7) Decisions are taken by two third majority of votes cast. In any case, the Federal Sport Conference has to take a decision on the support programmes and promotions presented by the Executive Board in good time.
Curator
§ 38. (1) The Board is composed of four members. The members are appointed as follows:
1. | Three members by the Federal Minister for Defence and Sport | |||||||||
2. | a member by the Federal Minister for Finance. | |||||||||
(2) § 35. 2 to 4 over the chairperson, the Deputy/depute Deputy/de-chairperson, the duration of the function and the possibility of recourse.
(3) The Board of Curators has a Rules of Procedure which requires the approval of the Federal Minister for National Defence and Sport.
The Board of Directors and Accounts
§ 39. (1) The Curatorium has to monitor the Federal Sport Conference and the management of its economic conduct.
(2) The Curatorium has to inform the Federal Minister for National Defence and Sport if it requires the well-being of the Federal Sport Promotion Fund.
(3) The Board of Curators may at any time request a report on the affairs of the Bundessport Promotion Fund. A single member can also request a report, but only to the organ board. If the Federal Sport Conference or the Executive Board fails to report, the report can only be requested if a total of three Board members support the request. The Chairperson of the Board can also request a report without the support of another member.
(4) The Board of Curators can see and examine the books and writings of the Bundessport Promotion Fund as well as the assets that are the Funds and the stocks of securities. The Board of Curators can also appoint individual members or special experts for certain tasks.
(5) The Board of Curators also has the following tasks in particular:
1. | the discharge of the Federal Sport Conference, | |||||||||
2. | the approval of the annual budget of the Federal Sport Promotion Fund on a proposal of the Federal Sport Conference and reporting to the Federal Minister for National Defence and Sport, | |||||||||
3. | the approval of the review report on the basic checks carried out and the transfer to the Federal Minister for Defence and Sport, | |||||||||
4. | the examination and approval of the annual financial statements and of the state report of the Federal Sport Promotion Fund; | |||||||||
5. | the receipt of reports on the economic conduct and internal budget control of the Bundessport Promotion Fund; | |||||||||
6. | the approval of the federal sports promotion fund's establishment plan after submission by the Federal Sport Conference and of legal transactions which have a permanent or multi-annual financial burden on the Bundes-sportfonds; and | |||||||||
7. | the decision on the application to the Federal Minister for National Defence and Sport for approval of the Rules of Procedure of the Board of Curator. | |||||||||
(6) In order to examine the activities of the Fund in accordance with the Financial Regulation, the Board of Governors, in compliance with the provisions of the Federal Public Procurement Act 2006, has to appoint two auditors, one of which is proposed by the Federal Sport Conference.
(7) The annual accounts examined and approved pursuant to paragraph 5 Z 3 shall be submitted by the Board of Directors to the Court of Auditors.
(8) The Board reports on its activities and results to the Federal Minister for National Defence and Sport.
Meetings and decisions of the Board
§ 40. (1) The Board of Curators has at least a quarterly meeting.
(2) § 37. 2 and 3 as well as 5 and 6 on the convening of a meeting, the ability to decide, the request of a meeting, the representation scheme at a meeting, the meeting line and the Minutes.
(3) Decisions are taken by a simple majority of votes cast. The vote of the chairperson shall be taken by the same votes.
Promotion Advisory Council for the field of grassroots sport
§ 41. (1) There are six members who are appointed as follows:
1. | Three members by the Federal Minister for Defence and Sport | |||||||||
2. | Three members by the Federal Sport Conference. | |||||||||
(2) The members must have special professional knowledge about grassroots sport in Austria.
(3) The Executive Board has the Promotion Advisory Board for the field of grassroots sport
1. | before granting promotion in the field of grassroots sport and | |||||||||
2. | Evaluation of funded projects in the field of grassroots sport | |||||||||
to issue a recommendation. | ||||||||||
(4) The Promotion Advisory Council for the field of grassroots sport has to give recommendations for granting support and evaluating projects in writing, from which the Federal Sport Conference can only deviate for important reasons to be documented.
(5) Presidencies, order duration of members, decision-making modalities and protocol management shall be governed by a Rules of Procedure, to be decided unanimously by the members of the Promotion Board. The membership of the Promotion Advisory Council for the field of grassroots sport is an unattractive honorary Office.
Support Advisory Council for the field of excellence and excellence
§ 42. (1) The Support Advisory Council for the Field of Excellence and Excellence consists of six members appointed as follows
1. | Three members by the Federal Minister for Defence and Sport | |||||||||
2. | Three members by the Federal Sport Conference. | |||||||||
(2) The members must have special expertise on national and international performance and top-level sport.
(3) The Executive Board has the Promotion Advisory Board for the Field of Excellence and Excellence
1. | prior to granting support in the field of excellence and excellence | |||||||||
2. | Evaluation of funded projects in the field of excellence and excellence | |||||||||
to issue a recommendation. | ||||||||||
(4) The Support Advisory Council for the Field of Excellence and Excellence has to provide recommendations for the granting of support and the evaluation of projects in writing, from which the Federal Sport Conference can only deviate for important reasons to be documented.
(5) Presidencies, order duration of members, decision-making modalities and protocol management shall be governed by a Rules of Procedure, to be decided unanimously by the members of the Promotion Board. Membership of the Promotion Advisory Council for the field of excellence and excellence is an unattractive honorary Office.
Management
§ 43. (1) The current activities of the Federal Sport Promotion Fund are to be completed by the main Executive Director/Head-General. She/Er is the superior of all the chief officials of the Federal Sport Promotion Fund and is responsible for the Federal Sport Conference. The Executive Director will be appointed by the Federal Sport Conference after the establishment of an agreement with the Federal Minister for National Defence and Sport for five years. The order will be subject to the Act of vacancy, BGBl. I No. 26/1998, and to the German Federal Government's contracts for this purpose.
(2) The Executive Director may, without prejudice to the compensation claims for existing contracts, be convened at any time by the Federal Sport Conference after the establishment of the Agreement with the Federal Minister for National Defence and Sport for important reasons within the meaning of Section 27 of the Law on Employees. In any case, the order ends when the conditions are met in accordance with Section 35. 4.
(3) The Executive Director may, without prejudice to the compensation rights of the Federal Sport Promotion Fund from existing contracts, declare their/his resignation to the Federal Sport Conference. If there is an important reason for this, the resignation can be explained with immediate effect.
(4) The management tasks are as follows:
1. | the representation of the Federal Sport Promotion Fund in the context of the authorisation granted by the Rules of Procedure, in particular for offices, authorities and meetings; | |||||||||
2. | preparation of the support programmes of the Federal Sport Promotion Fund in accordance with § 8(2). 3, 15 paragraphs. 4 and 18 paragraphs. 3; | |||||||||
3. | preparation of the support of the Federal Sport Promotion Fund, including the implementation of the association talks in accordance with § 30(2). 2 Z 1 and its operational resolution; | |||||||||
4. | Preparation of the adoption of the applications in accordance with Article 8(1). 5, 15 paragraphs. 4 and 18 paragraphs. 3; | |||||||||
5. | evaluation of support programmes and support; | |||||||||
6. | implementation of basic control; | |||||||||
7. | the assessment of the fund assets in agreement with the Austrian Federal Finance Agency; | |||||||||
8. | the preparation of an audit report on the basic checks and transfer to the board. | |||||||||
(5) The Executive Board has to provide information to the Federal Sport Conference on request of at least three members in all matters relating to the promotion
8. Main
Support database
Establishment, content and public
§ 44. (1) In order to increase transparency in the field of federal sports promotion and information to the population, the Federal Minister for National Defence and Sport has set up a support database on the support granted under this federal law.
(2) The database has to contain
1. | name of the promoter, | |||||||||
2. | level of support, | |||||||||
3. | promotion purpose and brief description of the project; and | |||||||||
4. | calendar year of support. | |||||||||
(3) As a promoter according to paragraph 2 Z 1 also applies to those member associations, the federal grant subsidies in accordance with § 12(2). 5 have been received. For inclusion in the promotional database, the competent sports organisation immediately after granting a federal grant, has the information provided in paragraph 1 of this Article. 2 to announce the Federal Minister for Defence and Sport.
(4) The data referred to in paragraph 2 are to make public access via the Internet over ten years after receiving the public support database.
9. Main
Final provisions
Application of this federal law
§ 45. (1) The provisions of this federal law do not apply to the promotion of the exercise of the sports of Bundesamtenten, as well as of members of the presence, military and reserve status or training service of Leistden by the Federal Minister of Foreign Affairs.
(2) The provisions of the Anti-Doping Federal Law 2007 remain unaffected by this federal law.
Federal Minister for Finance
§ 46. If, on a case-by-case basis, the planned federal sports promotion exceeds the amount of EUR 3.2 million, it may only be granted after agreement with the Federal Minister for Finance. In this regard, the Federal Minister for Finance has to pay attention to ensuring the fulfilment of the envisaged funding commitment according to their due diligence.
referral to other legislation
§ 47. To the extent that reference is made to other federal laws, this reference refers to the applicable version.
Preparatory measures
§ 48. The Federal Minister for National Defence and Sport is empowered to take all necessary measures in accordance with this federal law so that the Federal Sport Promotion Fund is 1. January 2014 can properly start operations. In addition, the institutions of the German Federal Sport Promotion Fund can and take preparatory decisions for the first funding cycles subject to the provisions of this federal law.
In and outright
§ 49. (1) This federal law enters into force on 1 January 2014.
(2) With the entry into force of this federal law, the Federal Sport Promotion Act 2005 (BSFG), BGBl. I No. 143, shall enter into force, with it applicable until 31. Support granted on December 2013 will continue to be applied.
Transitional provisions
§ 50. Federal sports federations, which have received support under the provisions of the Federal Sport Promotion Act 2005 and have made long-term investments in trust in this legal situation, are considered as federal sports federations in accordance with Section 3 Z 13.
Background
§ 51. This federal law is enforced
1. | with regard to § 22 the Federal Minister for Education, Arts and Culture, | |||||||||
2. | with regard to § 32 and 46, the Federal Minister for National Defence and Sport, in agreement with the Federal Minister for Finance, and | |||||||||
3. | with regard to the other provisions, the Federal Minister for Defence and Sport. | |||||||||
Fischer
Faymann
