Agreement In Accordance With Article 15A B-Vg Between The Federal And The State Have A Transparency Database

Original Language Title: Vereinbarung gemäß Art. 15a B-VG zwischen dem Bund und den Ländern über eine Transparenzdatenbank

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_73/BGBLA_2013_I_73.html

Agreement in accordance with article 15a B-VG between the Federal and the State have a transparency database

The Federal Government, represented by the Federal Government, and the countries, each represented by the Governor or the Governor, hereinafter referred to as parties - have agreed to conclude the following agreement in accordance with section 15a B-VG:

 

Table of contents



Section 1



Subject of the agreement



Article 1



Principles



Article 2



Performance database offer



Article 3



Public resources



Article 4



Federal and land services



Article 5



Provider and query-eligible authorities



Article 6



Beneficiaries



Article 7



Promotions



Article 8



Transfer payments



Section 2



Rights and obligations of the parties



Article 9



Performance range determination



Article 10



Offer performance database



Article 11



Data clarification.



Article 12



Categorization of services



Article 13



Transparency database Advisory Board



Section 3



Final provisions



Article 14



Cost



Article 15



Implementation dates



Article 16



Entry into force



Article 17



Amendment



Article 18



Termination



Article 19



Implementation



Article 20



Explanations



Article 21



Documents



PREAMBLE worn by the common desire of federal and State Governments, to ensure the highest degree of transparency, in the area of promotions and transfers the following agreement in pursuit of the common goal of establishing the transparency (transparency Portal) database.

Section 1

Subject of the agreement

Article 1

Principles 1.
The parties ensure that provided data required in accordance with article 9 on federal and State services by defining performance places available for the purpose of rendering of services (informational purpose) (performance database offer). Securing is done by each party within the framework of their respective legislative or organisational skills or by civil law agreements.

2. the parties consider the creation of a performance data bank offer as a first step towards the creation of a local authority cross-transparency database. You agree, in the case of a positive completed evaluation (art. 15 para. 5) to undertake all necessary steps for the implementation of a cross-area corporate transparency database. These steps should be undertaken immediately after the evaluation and take into account the results of the evaluation. About public federal, regional and community services to collect data in the local authority cross-transparency database, are not contained in the main Association of Austrian social insurance institutions or the labour market services in a database of the Federal Minister for finance. The transparency Portal each recipient to have access to the data concerning his person and any query-authorised body access to the data which are necessary for them to allow a performance, discontinue or re to request. In addition, the data for exclusively statistical, planning and controlling purposes should be.

3. the parties agree to take all necessary steps, so that messages can be possible and be queried via the transparency Portal personal data through services to the local authority cross-transparency database in case of a positive completed evaluation. If possible, the parties seek to be able to carry out the communication of personal data from 1 January 2015.

4. the parties agree that further steps by the performance database offer and do not result to a local authority cross-transparency database from this agreement; in particular that because of this agreement there is no obligation to release a) of personal data by countries.

b) of services of the municipalities by States or municipalities, and c) of personal data by municipalities.

5. the parties agree that it should be the Federal right to implement the offer performance data and the transparency databases faster and cover more services, as far as only services within the meaning of article 4 para 1 are affected.

Article 2

Performance database offer

The performance offer database is the use of data about services from public funds. In the performance database offer offers of subsidies and transfer payments are to record. The Federal Government may accept offers of additional services in the performance database offering. Data from the performance of database in the offer will be published for the purpose of representation of services (informational purpose) the transparency portal. Performance database offer be made available wherever defining performance via an electronic interface. Each party may use the data the performance database offer for their own purposes.

Article 3

Public resources

Come 3. an international organization or one of its institutions or public funds under the terms of this agreement are central, the 1 by a domestic legal person of governed by public law, except legally recognised churches and religious societies, 2nd from the European Union or one of their facilities. Also means that used a legal entity of under private law, an Association of persons, an institution, a public or private foundation, a public or private funds or a different purpose assets for carrying out a performance, in so far as these funds for the financing of a performance by an institution referred to in the first sentence available provided, come from compulsory contributions or otherwise imposed by law are regarded as public funds.

Article 4

Federal and land services

(1) Federal services are 1 because of a federal law or a regulation of a federal organ or of a decision within the meaning of this agreement a self-government body decorated with federal law and 2 services, are based on a private-law legal basis and by the Federal Government or an institution are granted no. 144 is subject to the control of the Court of Auditors in accordance with article 11, section 12 or section 13 of the Court of Auditors Act 1948 (RHG), Federal Law Gazette.

(2) country services are 1 due to a State law or a regulation of a State organ or of a decision within the meaning of this agreement a self-government body decorated with state law and 2. services are based on a private-law legal basis and of a country or of an institution be granted, MRLs under the control of the Court of Auditors pursuant to article 15.

(3) no services under the terms of this agreement are municipality. Community services are services provided by municipalities in own area of effect.

Article 5

Provider and query-eligible authorities

(1) providing the terms of this agreement in relation to a performance is the domestic establishment which is carrying out this service in relation to a beneficiary (art. 6). Several institutions involved in the handling of a performance, the paying authority is regarded as ceding authority. As far as the paying authority from the scope of application of section 38 of the Austrian Banking Act (BWG), Federal Law Gazette No. 532/1993, is recorded, the establishment of upstream in the process is regarded as ceding authority. Several institutions involved in the processing of part of the performance, any institution to the extent of the amount of each flattened considered ceding authority.

(2) query authorised body within the meaning of this agreement is an institution that is involved in the processing of a performance in relation to a recipient, and whose job requires the use of data from the transparency portal for the purpose of granting, setting or recovery of a performance for a performance. A query-authorised body exists only if it has been described as such in the course of determining power supply (art. 9) or the permission from the categorization of performance (article 12 para 2) results. Each person is also authorised to query body.

Article 6

Beneficiaries

(1) beneficiary is under the terms of this agreement, who can obtain a performance within the meaning of article 4. Beneficiaries deemed to be a third party or to the public anyway, who is obliged, the funds received for the provision of services, in particular a non-cash contribution for the benefit of use; This fact is obvious in the transparency portal. A person is considered as beneficiaries also insofar as she can obtain a performance, the legal personality of majority of a person without has been granted, if the majority of the person without legal personality in the supplementary register is registered (§ 6 section 4 E-GovG).

(2) does not apply as a recipient, who is obliged to pass on the funds received, without receiving an appropriate non-monetary consideration for their own benefit.

(3) local authorities and local authority associations within the meaning of article 116a B-VG are not beneficiaries.

Article 7

Promotions


(1) funding under the terms of this agreement are payments from public funds granted to a beneficiary for a this provided or intended performance, of a public interest which, without obtaining an appropriate non-monetary consideration for their own benefit for it immediately.

(2) by the existence of a reasonable monetary value, consideration is to go out, if payment is made on the basis of a third-party standard exchange ratio, such as at a factory -, service -, purchase or barter.

(3) not considered to support payments for the purpose of Fong.

(4) not deposits and posts of any type provided by a local authority in its capacity as a shareholder in a corporation of this authority alone or together directly or indirectly owns 100% of the reason - or capital with a different local authority considered promotion. This does not apply to deposits and any kind of federal contributions.

Article 8

Transfer payments

Transfer payments are payments from public funds to individuals without direct appropriate non-monetary consideration under the terms of this agreement.

Section 2

Rights and obligations of the parties

Article 9

Performance range determination

(1) the Parties shall ensure that performance-defining bodies are established within the required time. Equip them with the necessary rights and means and make sure that any performance-defining body of the respective area of effect of the party for any services in their respective areas a 1 a unique designation and assignment to the own category in accordance with article 12 para 1 Awards;

2. the legal basis for the granting of performance indicates;

3. the prerequisite for granting that adjustment and the recovery of performance and sensitive data within the meaning of § 4 No. 2 of the data protection Act 2000 (DSG 2000), Federal Law Gazette I no. 165/1999, particularly referred to;

4. the providing authority or performing places referred to as well as 5 if necessary query legitimate positions that are not performing, referred to.

The performance-defining point in the power supply (art. 2) database has to capture this information.

(2) the equipment of the performance-defining bodies with rights and resources has so far to go, that the messages may include all public or private services.

(3) the Parties shall ensure that the each affected area involved in the processing of performance supports the performance-defining point in their task in the requested amount.

(4) the parties undertake to take into consideration in the context of the creation and delivery of services on the rights and obligations of all concerned - in particular the self-government body and the legal persons of private law of.

Article 10

Offer performance database

The Federal Government has the responsibility for the establishment and operation of the performance database offering. The BRZ GmbH acts as operator of the performance database offering. She has set up the performance database offer and maintain.

Article 11

Data clarification.

(1) the Federal Minister for finance has set up a data clarification unit. The data clarification has questions and attach to the application of this agreement to do. This does not apply to important issues, affecting more than a party; the data clarification the transparency data bank Advisory Committee to deal with this.

(2) data clarification agent has to join the power categorization in accordance with article 12 on behalf of the parties.

Article 12

Categorization of services

(1) the parties agree, a categorization of all services on the basis of the annex to article 3 par. 1 of the E-Government area demarcation regulation, BGBl. No. 289/2004 making II. Starting from this common basis can the performance-defining sites for which of them in the power supply database in accordance with article 9 1 to capture services to the outline level "Headings" independently "Areas" for own categorizing of their services set para.

(2) the parties agree that the data clarification additional one to own categorization of performance-defining bodies referred to in paragraph 1 consistent categorization of all services on the basis of the annex to article 3 par. 1 of the E-Government area demarcation regulation, Federal Law Gazette II No. 289/2004 should perform. While the lower level "Portion" to be added to the outline level "Field of activity".

Article 13

Transparency database Advisory Board

(1) the Federal Government built a transparency database Advisory Board. The parties may appoint suitable persons to the transparency data bank Advisory Board. The transparency data bank Advisory Committee takes decisions on application of transparency Council member database by. The decision making transparency database Advisory Board requires the approval of at least two-thirds of the present transparency Council member database by.

(2) the transparency data bank Advisory Board works with 1 on any necessary coordination of categorization of services under article 12 para 1; These include proposals to extend the outline level "Field of activity";

2. at the completion of important attaching to the application of this agreement, have the effects on more than one party;

3. on the exchange of information and coordination in the implementation of this agreement;

4. in the evaluation in accordance with article 15 paragraph 5;

5. on the joint examination of further measures for establishing a cross-area corporate transparency database.

(3) include the transparency data bank Advisory Board: 1. a representative of the Federal Chancellor.

2. a representative of the Federal Ministry of finance;

3. a representative of the Federal Ministry of labour, Social Affairs and consumer protection;

4. a representative of the privacy Council;

5. a representative of the data clearing agent;

6. a representative of the BRZ GmbH;

7. a representative of each country;

8. a representative of the Austrian League of towns;

9. a representative of the Austrian Association of municipalities.

(4) the transparency data bank Advisory Committee is convened by the Chairman at the request of a member of the transparency data bank Advisory Committee. A period of two weeks should be between the convening of the meeting and the date of the meeting. A delegation of voting rights is possible. Every sending agent has to bear their own costs.

(5) the representative of the Federal Ministry of finance chairs transparency database Advisory Board.

(6) the data clarification point leads the business of the transparency data bank Advisory Committee.

Section 3

Final provisions

Article 14

Cost

Each Party shall bear the costs incurred in her own.

Article 15

Implementation dates

(1) the Federal Government foresees that the uniform categorization of services within the meaning of article 4 paragraph 1 no later than December 31, 2012 takes place.

(2) provide the countries for the purpose of uniform categorization according to article 12, that the delivery of services within the meaning of article 4 paragraph 2 of services within the meaning of the agreement between the Federal Government and the States in accordance with article 15a B-VG 1 over a nationwide demand minimum income, Federal Law Gazette I no. 96/2010 2. activity education and research only research and development services, 3. from the field of activities of society and social only family services , 4 from the activity area sports and leisure, as well as 5 in the activity sector only tourism services, each in accordance with the annex to article 3 par. 1 of the E-Government area demarcation regulation, Federal Law Gazette II No. 289/2004, no later than 30 June 2013 is (art. 9 para 1 last sentence).

(3) the countries for the purpose of uniform categorization under article 12 provide that all other services within the meaning of article 4 paragraph 2 no later than 31 December 2013 transmitted (art. 9 para 1 last sentence).

(4) the Federal Government stipulates that services within the meaning of article 4 paragraph 1 from 1 April 2013 and to complete the evaluation within the meaning of paragraph 5, in the case of a continuation of the implementation of the cross-area corporate transparency database after personal data can be queried the evaluation but at the latest until 31 December 2014 by the query-authorised bodies of the countries from the transparency Portal , when granting, recruitment or recovery of already collected and categorized range of services of the countries this categorization landesgesetzlicher based on the authorization for inspection in the Federal data arising from.

(5) the parties agree that a joint evaluation to be performed from January 1 until February 28, 2014. The parties jointly conduct the evaluation with the assistance of the transparency data bank Advisory Committee. The joint evaluation aims to prepare the decision of the parties about the legal measures to be set for the establishment of a cross-area corporate transparency database.

Article 16

Entry into force

(1) this agreement into force on the 30th day after the end of the day, on July 1.

After the respective constitutions of the national requirements for the entry into force have been met and the releases of all countries are available at the Federal Chancellery, and 2. the requirements for the entry into force according to the Federal Constitution are met.

(2) the Federal Chancellor's Office shall inform with the fulfilment of the conditions laid down in paragraph 1, as well as the day of the entry into force of the countries.

Article 17

Amendment

An amendment of this agreement may only in writing the consent of all parties.

Article 18

Termination

(1) this agreement may be terminated in writing by either party as of December 31 of each year by observing a six-month period. The agreement remains in effect for the other parties.

(2) a party terminates this agreement, you may be processed up to reported to the effectiveness of the termination data continue to this party.

Article 19

Implementation

(1) the Parties shall develop and adopt legislation for the implementation of this agreement in the agreed form, taking into account the data protection requirements.

(2) the parties agree to legislate the necessary for the implementation of this agreement, if necessary, at the latest within six months after entry into force of this agreement, insofar as they are not already in force or it was otherwise provided in the agreement within the framework of its competence to the legislation and execution.

(3) services in the framework of private sector managed by the municipality of Vienna are considered for the purpose of implementing this agreement provided by the province of Vienna, unless it is services, typically provided by a country.

Article 20

Explanations

All statements relating to the agreement are to the Federal Chancellor's Office, which has immediately to inform the other parties.

Article 21

Documents

This agreement is issued in a single original. The original copy is deposited with the Chancellor's Office. This shall transmit certified true copies of the agreement all parties.

 

 

The agreement enters into force in accordance with article 16 paragraph 1 on 27 April 2013.

Faymann