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

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Agreement in accordance with Art. 15a B-VG between the Federal Government and the Länder on a transparency database

The Federal Government, represented by the Federal Government, and the Länder, each represented by the country's main wife and/or the Governor of the State,-hereinafter referred to as the following parties-have agreed to conclude the following agreement in accordance with Art. 15a B-VG:

table of contents

Section 1

Subject of the Agreement

Article 1

Principles

Article 2

Service bid database

Article 3

Public funds

Article 4

Federal and State services

Article 5

Providers and authorities eligible for demand

Article 6

Beneficiaries

Article 7

Promotions

Article 8

Transfer Payments

Section 2

Rights and obligations of the parties

Article 9

Service offer determination

Article 10

Service bid database operation

Article 11

Data clarification point

Article 12

Categorization of service offerings

Article 13

Transparency Database Advisory

Section 3

Final provisions

Article 14

Cost

Article 15

Transformation Time Points

Article 16

entry into force

Article 17

Amendment

Article 18

Termination

Article 19

Implementation

Article 20

Declarations

Article 21

Documents

PREAMBLE

Supported by the joint desire of the Federal Government and the Länder to ensure the highest possible degree of transparency in the area of support and transfers, the common aim is to establish the transparency database (transparency portal). the following agreement is concluded.

Section 1

Subject of the Agreement

Article 1

Principles

1.

The parties shall ensure that the data required for the presentation of the service provision (information purpose) are made available by the performance-defining bodies in accordance with Art. 9 on federal and state services. (Performance bid database). Each party shall ensure that it is secured within the framework of its respective legislative or organisational competence or through civil-law agreements.

2.

The parties see the creation of a service offering database as a first step towards the creation of a multi-territorial transparency database. They agree, in the case of a positively concluded evaluation (Art. (5) take all necessary steps for the implementation of a transboundary transparency database. These steps are to be taken immediately after evaluation and take into account the results of the evaluation. The purpose of the transboundary transparency database is to collect data on public federal, state and community services which are not included in a database of the Federal Minister of Finance, the main association of the Austrian Federal Ministry of Finance, and the Austrian Federal Ministry of Finance. Social insurance institutions or labour market services are included. Through the Transparency Portal, each nominee shall have access to the data relating to his/her person and to set up, for each person entitled to request, access to the data required for them in order to provide a service; or to reclaim. In addition, the data are to be available for exclusively statistical, planning and controlling purposes.

3.

The parties agree to take all necessary steps in the case of a positively concluded evaluation in order to ensure that communications of personal data relating to services to the territorial transparency database and can be queried through the transparency portal. As far as possible, the parties shall endeavour to communicate personal data as from 1. Jänner 2015.

4.

The parties agree that the further steps from the services database to a territorial transparency database shall not result from this agreement; in particular, that agreement shall be based on this agreement. there is no obligation to notify

a)

of personal data by countries;

b)

of the service offerings of the municipalities by countries or municipalities, and

c)

of personal data by municipalities.

5.

The parties agree that the federal government should be free to implement the service offer database and the transparency database more quickly and to collect more service offers, insofar as only services within the meaning of Article 4 (1) of this Regulation are concerned. are affected.

Article 2

Service bid database

The service offering database is used to use the data on services offered by public funds. Offers of grants and transfer payments shall be included in the service offering database. The Federal Government is entitled to include offers of additional services in the service offering database. Data from the service offering database are published for the purpose of presenting the service offer (information purpose) via the transparency portal. The data of the service offering database are provided via an electronic interface to all performance-defining locations. Each party may use the data of the service bid database for its own purposes.

Article 3

Public funds

For the purposes of this Agreement, public funds shall be:

1.

by a national legal person under public law, with the exception of churches and religious societies recognised by law,

2.

by the European Union or by one of its bodies, or

3.

by an international organization or by one of its institutions

. The public funds are also funds which are a legal person under private law, an association of persons, an institution, a public or private law foundation, a public or private law fund or another. The use of a service to the extent that such funds are made available for the purposes of the financing of a service provided by a body referred to in the first sentence are used for the purpose of carrying out a service, from compulsory contributions or otherwise required by law. .

Article 4

Federal and State services

(1) Federal services within the meaning of this Agreement are

1.

Benefits arising from a federal law or a regulation of a federal organ or a decision of a self-governing body established by federal law and

2.

Services based on a private legal basis and granted by the Confederation or by a body governed by the Court of Auditors ' control in accordance with § 11, § 12 or § 13 of the Court of Auditors Act 1948 (RHG), BGBl. No. 144.

(2) State services within the meaning of this Agreement are:

1.

Benefits arising from a Land Act or a regulation of a national body or a decision of a self-governing body established by the Land Act, and

2.

Services based on a private legal basis and granted by a country or by a body subject to the control of the Court of Auditors in accordance with § 15 of the RHG.

(3) No services within the meaning of this Agreement are common services. Community benefits are services provided by municipalities in their own sphere of action.

Article 5

Providers and authorities eligible for demand

(1) For the purposes of this Agreement in respect of a benefit, the competent authority shall be the domestic entity which shall be responsible for the settlement of such benefit in relation to a nominee (Art. 6). If a number of entities have an effect on the performance of a service, the paying agency shall be deemed to be a paying agency. To the extent that the paying agency is excluded from the scope of section 38 of the Banking Act (BWG), BGBl. No 532/1993, the establishment upstream of the settlement process shall be deemed to be a place of service. If a number of devices have an effect on the handling of a part of the power, each device shall be deemed to be a performing entity in the extent of the amount unwound in each case.

(2) An entity within the meaning of this Agreement shall be eligible for the performance of an entity participating in the performance of a service in respect of a nominee and for the purpose of which the use of the transparency portal shall be is required for the purpose of granting, setting or recovering a service. A party entitled to request is only available if it is in the course of the service provision investigation (Art. 9) has been designated as such or the entitlement from the performance categorization (Art. 12 para. 2). Each competent authority shall also be subject to a request for a request.

Article 6

Beneficiaries

(1) The beneficiary within the meaning of this Agreement shall be who can receive a benefit within the meaning of Art. 4. In any event, the beneficiary shall be deemed to be responsible for using the funds received for the provision of services, in particular in kind, for the benefit of a third party or the public; this fact is in the transparency portal you can see. A person shall also be deemed to be a nominee in so far as it can obtain a benefit granted to a number of persons without a legal personality of his own, if the number of persons without his own legal personality is not in the Supplementary register has been registered (Section 6 (4) of the E-GovG).

(2) The beneficiary shall not be deemed to be the person who is obliged to pass on the funds received without receiving a reasonable amount of money in return for the benefit of his own benefit.

(3) Local authorities and municipal associations within the meaning of Art. 116a B-VG are not beneficiaries.

Article 7

Promotions

(1) Funding within the meaning of this Agreement shall be made from public funds granted to a nominee for a benefit which he or she has or intended to perform in which there is a public interest, without directly giving effect to to obtain a reasonable amount of money in return for its own benefit.

(2) The existence of an appropriate monetary compensation is to be assumed if the payment is made on the basis of a foreign exchange relationship, such as in the case of a work, service, purchase or exchange contract.

(3) Non-sponsoring payments shall be made for the purpose of the financing of hospitals.

(4) No support shall be granted to deposits and contributions of any kind provided by a local authority in its capacity as a shareholder to a capital company in which that local authority, by itself or jointly, with a other local authority, directly or indirectly, 100% of the basic or capital stock. This does not apply to deposits and contributions of all types of federal government.

Article 8

Transfer Payments

Transfer payments within the meaning of this Agreement shall be payments made from public funds to natural persons without any direct reasonable cash consideration.

Section 2

Rights and obligations of the parties

Article 9

Service offer determination

(1) The parties shall ensure that performance-defining bodies are established within the time required. They shall provide them with the necessary rights and resources and shall ensure that each performance-defining body of the party's respective scope of action for each service offer

1.

a unique designation and association with its own category in accordance with Article 12 (1) in its respective area;

2.

the legal basis for the award of the service;

3.

the condition for the grant, the setting and the recovery of the service, and in the process, sensitive data within the meaning of § 4 Z 2 of the Data Protection Act 2000 (DSG 2000), BGBl. I n ° 165/1999, in particular;

4.

the service provider or the service provider; and

5.

where appropriate, the entity (s) which are not competent to request a service.

This information has the performance-defining location in the service offering database (Art. 2).

(2) The provision of rights and resources for the performance-defining bodies shall be such that the communications may include any sovereign or private service provision.

(3) The parties shall ensure that the relevant body involved in the performance of the performance shall assist the performance-defining body in its task at the requested level.

(4) The parties commit themselves, in the context of the preparation and transmission of the service provision, to the rights and obligations of all the bodies concerned, in particular the self-governing bodies and legal persons of private law, to take due consideration.

Article 10

Service bid database operation

The Federal Government has the responsibility for the establishment and operation of the service offering database. The BRZ GmbH acts as operator of the service offering database. It shall set up and operate the service offering database.

Article 11

Data clarification point

(1) The Federal Minister of Finance shall establish a data clarification point. The Data Clarification Centre shall have inquiries and requests for the application of this Agreement. This does not apply to significant issues that have an impact on more than one party; with them, the data clarification body is to refer the transparency database advisory board to the attention of the data collection agency.

(2) The data clarification body shall participate in the performance categorisation in accordance with Art. 12 on behalf of the parties.

Article 12

Categorization of service offerings

(1) The parties agree to categorize all services offered on the basis of the annex to § 3 (1) of the eGovernment Divisional Demarcation Order, BGBl. II No 289/2004. On the basis of this common basis, the performance-defining bodies for the services to be covered by them in the services database referred to in Article 9 (1) can become self-employed at the level of activity "Activity area" Set "partial areas" for the own categorization of their service offerings.

(2) The parties agree that, in addition to the own categorisation of the performance-defining bodies in accordance with paragraph 1, the data clarification point provides a uniform categorisation of all service offers on the basis of the annex to section 3 (1) of the E-Government-Divisional Regulation, BGBl. II No 289/2004. In this case, the sub-level "partial area" is to be added to the outline level "Activity area".

Article 13

Transparency Database Advisory

(1) The Federal Government shall set up a Transparency Database Advisory Board. The parties shall send appropriate persons to the Transparency Database Advisory Board. The Transparency Database Advisory Board takes decisions at the request of a Transparency Database Advisory Board member. Decision-making in the Transparency Database Advisory Council requires the approval of at least two-thirds of the transparency database members present.

(2) The Transparency Database Advisory Council shall act with:

1.

the necessary coordination of the categorisation of the services provided for in Article 12 (1), including proposals for the extension of the level of activity 'activity';

2.

on the execution of significant affixing to the application of this Agreement, which have an impact on more than one party;

3.

on mutual information and coordination in the implementation of this agreement;

4.

in the evaluation referred to in Article 15 (5);

5.

on the joint examination of the further measures for the establishment of a transboundary transparency database.

(3) The Transparency Database Advisory Board shall include:

1.

a representative of the Federal Chancellor;

2.

a representative of the Federal Minister of Finance;

3.

A representative of the Federal Minister for Labour, Social Affairs and Consumer Protection;

4.

a representative of the Data Protection Council;

5.

a representative of the data clarification body;

6.

a representative of the BRZ GmbH;

7.

a representative of each country;

8.

a representative of the Austrian Association of Cities;

9.

a representative of the Austrian Municipal Debate.

(4) The Transparency Database Advisory Board shall be convened by the Chairperson at the request of a member of the Transparency Database Advisory Board. A period of two weeks is to be set between the convening of the meeting and the meeting date. A transfer of voting rights is possible. Each issuing body has to bear its own costs.

(5) The Chair of the Transparency Database Advisory Board shall be chaired by the representative of the Federal Minister of Finance.

(6) The operations of the Transparency Database Advisory Board shall be carried out by the data clarification body.

Section 3

Final provisions

Article 14

Cost

Each party shall bear the costs incurred by the party itself.

Article 15

Transformation Time Points

(1) The Federal Government shall provide that the uniform categorisation of service offerings within the meaning of Article 4 (1) shall take place no later than 31 December 2012.

(2) For the purpose of the uniform categorisation according to Article 12, the countries shall provide for the transmission of services within the meaning of Article 4 (2) of benefits

1.

within the meaning of the agreement between the Federal Government and the Länder in accordance with Art. 15a B-VG on a nationwide demand-oriented minimum security, BGBl. I No 96/2010 and

2.

from the fields of education and research activities only research and development services

3.

from the sphere of activity of the company and social affairs, only family-service provision,

4.

from sport and leisure activities, as well as

5.

from the business sector economy only offers of tourism services,

According to the annex to § 3 (1) of the eGovernment Divisional Demarcation Ordinance, BGBl. II No 289/2004, at the latest by 30 June 2013 (Art. 9 (1) last sentence).

(3) For the purpose of the uniform categorization according to Art. 12, the countries shall provide that the transmission of all other service offerings within the meaning of Article 4 (2) shall take place no later than 31 December 2013 (Art. 9 (1) last sentence).

(4) The Federal Government provides that benefits within the meaning of Article 4 (1) shall, as from 1 April 2013 and until the conclusion of the evaluation within the meaning of paragraph 5, in the case of a continuation of the implementation of the cross-territorial transparency database, shall be implemented in accordance with However, completion of the evaluation may be queried at the latest by 31 December 2014 by the authorities of the countries in question from the Transparency Portal, if the granting, setting or recovery of an already existing one has already been made. The countries covered and categorised as a result of this categorisation On a national legal basis, the authority to inspect the federal data is given.

(5) The parties agree that the 1. A joint evaluation is to be carried out by 28 February 2014. The parties shall jointly carry out the evaluation with the participation of the Transparency Database Advisory Council. The purpose of the joint evaluation is to prepare the parties ' decision on the legal measures to be taken to establish a cross-territorial transparency database.

Article 16

entry into force

(1) This Agreement shall enter into force on 30 June 2008. Day after the end of the day, in force at which

1.

the conditions necessary for entry into force in accordance with the country's national constitutions are fulfilled and the Federal Chancellery has received the notifications from all the countries concerned; and

2.

the conditions for entry into force required by the Federal constitution are met.

(2) The Federal Chancellery shall immediately inform the Länder of the fulfilment of the conditions laid down in paragraph 1 and the date of entry into force.

Article 17

Amendment

An amendment to this Agreement shall only be possible in writing by agreement of all parties.

Article 18

Termination

(1) This Agreement may be terminated in writing by each Party at 31 December of each year, subject to a six-month period. The agreement shall remain in force for the other parties.

(2) A party dismissal of this agreement may continue to process the data reported by this party until the termination of the termination is effective.

Article 19

Implementation

(1) The parties shall draw up and adopt legislation for the implementation of this Agreement in a coordinated manner, taking into account the requirements of data protection law.

2. The parties agree, within the framework of their competence in legislation and enforcement, to adopt, at the latest within six months of the entry into force of this Agreement, the legislation necessary for the implementation of this Agreement, if necessary. , unless they are in any case already in force or unless otherwise specified in the agreement.

(3) For the purposes of the implementation of this Agreement, services shall be deemed to have been provided by the municipality of Vienna as part of the private economic administration as a result of the Land of Vienna, provided that such services are typically provided by a country shall be provided.

Article 20

Declarations

All declarations relating to the agreement shall be addressed to the Federal Chancellery, which shall immediately inform the other parties thereof.

Article 21

Documents

This Agreement shall be drawn up in a single original. The original text will be deposited with the Federal Chancellery. This has to transmit certified copies of the agreement to all parties.

The agreement shall enter into force on 27 April 2013 in accordance with its Article 16 (1).

Faymann