Debt Brake Regulation

Original Language Title: Schuldenbremsenverordnung

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79. Regulation of the Federal Minister of Finance on the definition and calculation of the structural budget balance, the management of the control account and the determination of the legal entities in accordance with § 2 para. 4 Z 2 BHG 2013 (Debt brake regulation)

Due to § 2 (4) (2) (2) and (3) and (6) of the Federal Budget Act 2013, BGBl. I n ° 139/2009, as last amended by the Federal Law BGBl. I n ° 62/2012, shall be arranged:

Scope

§ 1. This Regulation lays down more detailed provisions for the implementation of the budgetary objectives pursuant to § 2 (4) to 7 of the BHG 2013 and is from all budgetary and federal government bodies in the preparation and decision-making of draft proposals. Federal Financial Framework laws and federal financial laws.

Definitions

§ 2. In this Regulation:

1.

"structural balance" means the cyclically-adjusted budgetary balance, net of one-off or other temporary measures.

2.

"One-off or other temporary measures": measures with a temporary budget effect without a permanent change in the budgetary situation.

3.

"Business cycle effect": effects of deviations in the economic situation from the normal economic situation (potential gross domestic product) to the budget balance. A deviation is present in the case of underutilisation of the overall economic production capacity (output gap).

4.

"Output Gap": Difference between

a)

the real gross domestic product for the financial year for which the structural budget balance is to be calculated; and

b)

the potential gross domestic product, which is to be estimated in accordance with the procedures applied in the context of EU budgetary surveillance under Articles 121 and 126 TFEU.

5.

"Budget sensitivity": factor to be taken into account in calculating the economic effect and indicating the extent to which the revenue and expenditure of the Austrian national budget is calculated in accordance with Regulation (EC) No 2223/96 on the European system National and regional accounts of national and regional accounts in the European Community, OJ C 139, 30.4.2004, p. No. 1, as last amended by Regulation (EC) No 715/2010, OJ L 327, 30.12.2010, p. No. 1., react to cyclical fluctuations.

6.

Federal budget balance, including social security: the federal budget balance, including social security, taking into account Regulation (EC) No 479/2009 on the application of the Treaty establishing the European Community Community annexed Protocol on the excessive deficit procedure, OJ C 327, 28.4.2002, p. No. 1., and Regulation (EC) No 2223/96. The budgetary results of the Chambers, which according to Regulation (EC) No 2223/96 are to be attributed to the sub-sector of the federal level, are not to be attributed to the federal budget balance.

The quantities referred to in § 2 shall, with the exception of budget sensitivity, be expressed in% of the nominal gross domestic product, if this is appropriate for the calculations provided for in this Regulation.

Calculation of structural budget balance

§ 3. The calculation of the structural budget balance of the federal government, including social security, shall be carried out in accordance with the procedure followed in the context of the EU budgetary surveillance procedure as follows:

Structural budget balance as% of gross domestic product =

Federal budget balance including social security in% of gross domestic product

+/-One-off or other temporary measures of the Federal Government, including social security in% of the gross domestic product

-a partial economic effect as a percentage of gross domestic product (§ 5 (1)).

One-off and other temporary measures

§ 4. As a lower limit for the assertion of a measure as a one-off or other temporary measure by the federal government, including social security within the framework of the federal budget, a budgetary effect of at least 0.1% of the total Gross domestic product. This lower limit may be undershot by the Federal Government if, for the same reason, one-off and other temporary measures taken by the Federal Government, including social security, the Länder and the municipalities, together the lower limit of 0.1% of the total amount of the Achieve or exceed gross domestic product.

Conjuncture effect

§ 5. (1) The economic effect to be allocated to the Federal Government shall be based on the general government economic effect and in accordance with the ceiling of its structural budget balance in accordance with the Austrian Stability Pact 2012, BGBl. I No 30/2012.

(2) The general government economic effect shall be calculated as follows:

Conjunctural effect = (real gross domestic product-potential gross domestic product) * Budget sensitivity.

(3) The forecast of the general government economic effect is to be drawn up by the Federal Minister for Finance or the Federal Minister of Finance. This forecast shall be based on the following values:

1.

the forecast values for the gross domestic product of an independent scientific institution and

2.

the forecast values for potential gross domestic product identified by the European Commission. However, the Federal Minister of Finance or the Federal Minister of Finance may also use forecasting values for the potential gross domestic product of an independent scientific institution mandated in accordance with paragraph 6, provided that this is more timely. as the forecast value determined by the European Commission, and the use of the calculation method used by the European Commission. It is important to ensure that the forecast values of the gross domestic product and the potential gross domestic product of this institution are created at the same time.

3.

the values for budget sensitivity identified by the Federal Minister of Finance or the Federal Minister of Finance. The Federal Minister of Finance or the Federal Minister of Finance has to take account of the values used by the European Commission in determining the budget sensitivity. The Federal Minister of Finance or the Federal Minister of Finance may, if necessary, make calculations for the budget sensitivity of an independent scientific institution or an international organisation commissioned pursuant to paragraph 6. , provided that these are more timely than the value determined by the European Commission and that the calculation method used by the European Commission is comparable.

(4) The calculation of the actual economic effect of the previous financial year by the Federal Minister of Finance or the Federal Minister of Finance are the gross domestic product of the Federal Statistical Office of Austria and the Federal Minister for Finance. to base the current estimate of the potential gross domestic product of the European Commission for the previous financial year. Paragraph 3 Z 2 shall apply mutatily.

(5) The comparability of the forecast values for the potential gross domestic product of the independent scientific institution with the estimates of the European Commission must be ensured and verified by appropriate representations. To this end, the Federal Minister of Finance or the Federal Minister of Finance, within the framework of the assignment in accordance with paragraph 6, shall agree that the independent representative responsible for estimating the potential gross domestic product scientific institution forecasts for all the components necessary for the determination of the potential gross domestic product in accordance with the Community method laid down by the European Commission, in particular with regard to: the necessary components of labour, capital and factor productivity.

(6) The independent scientific institution pursuant to para. 3 to 5 shall be appointed by the Federal Minister of Finance or the Federal Minister of Finance.

Legal entities

§ 6. (1) The demarcation of the State sector to the private sector and the subdivision into the four sub-sectors of the federal level, the national level, the municipal level and the social security sector shall be carried out in accordance with Regulation (EC) No 2223/96.

(2) Jene entities to be assigned to the sub-sector of the federal level in accordance with Regulation (EC) No 2223/96 ( Annex ), shall be obliged, at the request of the Federal Minister of Finance or the Federal Minister of Finance, to provide the necessary data for the determination of the economic quantities referred to in this Regulation.

(3) The sub-sector of the federal level is not to be attributed:

1.

Federal Chamber of Architects and Engineering Consultants,

2.

Chamber of Economic Scatterers,

3.

Chamber for workers and employees for Vienna,

4.

Austrian Medical Association,

5.

Austrian Pharmacists ' Chamber,

6.

Austrian Patent Bar Association,

7.

Austrian Bar Association,

8.

Conference of Presidents of the Austrian Chambers of Agriculture,

9.

Austrian Economic Chamber,

10.

Austrian Economic Chamber-Pension Fund,

11.

Austrian Notarial Chamber,

12.

Austrian Tierärztekammer,

13.

Austrian Dentists ' Chamber,

14.

Austrian State Workers ' Chamber Day.

Control Account

§ 7. (1) The Federal Minister of Finance or the Federal Minister of Finance shall have a control account for the Federal Government.

(2) The control account shall be carried out in accordance with the following principles:

1.

All deviations of the Federal Government's actual structural budget, including the social security system, in relation to the structural deficit permitted in accordance with § 2 (4) BHG 2013 are to be considered as charges or credits in the control account per year. to be able to record and to salve over the years. The collection shall be made no later than the end of September of the following year.

2.

As soon as a net total load on the control account falls below the threshold of -1.25% of the nominal gross domestic product, it is due to the economic situation in accordance with § 2 para. 6 BHG 2013 by the Federal Government. For the purposes of this Regulation, economic recovery means that the return to a value above the control limit for the structural deficit in accordance with Article 2 (4) of the BHG 2013 must be carried out only if a positive value is achieved in the financial years concerned. Changes in the output gap according to § 2 Z 4 are available.

3.

If budgetary results are transferred to the Federal Government in accordance with the provisions of Article 20 of the Austrian Stability Pact 2012, no adjustments shall be made to the control account for these.

(3) If a negative structural budget balance of the Federal Government falls below the control limit for the structural deficit (Section 2 para. 4 BHG 2013), the underwriting shall also be corrected without unnecessary default in the following years, if the threshold value is for the control account (par. 2) has not been undershot.

(4) A breach of the permissible growth of expenditure for which no penalty contribution is to be made in accordance with Article 20 (4) of the Austrian Stability Pact in 2012 shall reduce the amount of credit available on the Federal Control Account to the extent the excess, provided that the necessary financial resources are not covered by reserves.

Procedure

§ 8. (1) The forecast of the structural budget balance of the federal government, including social security, to be established in accordance with § § 14 and 42 (3) BHG 2013 shall be drawn up by the Federal Minister for Finance or by the Federal Minister of Finance.

(2) The actual structural budget balance of the federal government, including social security, shall be determined annually by the end of September at the latest for the previous financial year by the Bundesanstalt Statistik Österreich. For this purpose, the actual values determined in accordance with § 5 must be taken into account. The Federal Minister of Finance or the Federal Minister of Finance has to conclude a corresponding agreement with the Federal Statistical Office of Austria.

entry into force

§ 9. This regulation, with the exception of § 7, is to be applied for the first time in the drafting of the draft of the Federal Financial Framework Law for the years 2014 to 2017. § 7 is to be applied for the first time in 2017.

Fekter

Annex

1.

Agrarmarkt Austria,

2.

Agrarmarkt Austria Marketing GmbH,

3.

AIT Austrian Institute of Technology GmbH,

4.

Academy of Fine Arts Vienna,

5.

Albertina,

6.

General compensation fund,

7.

Labour Market Service,

8.

arsenal research,

9.

Compensation fund,

10.

Foreign Austrian funds,

11.

Austrian Business Agency Austrian Industrial Settlement and Business Promotion Ltd.,

12.

Austrian Development Agency,

13.

AustriaTech-Gesellschaft des Bundes für technologiePolicy Actions GmbH,

14.

Clothing Management Fund of the Austrian Executive,

15.

Accounting Agency of the Federal Government,

16.

Bundesanstalt "Statistik Österreich",

17.

Bundesbeschprocurement GmbH,

18.

Bundesfeuerwehrverband,

19.

Federal Research and Training Centre for Forest, Natural Hazas and Landscape,

20.

Federal Health Agency,

21.

Federal Institute for Education Research, Innovation and Development of the Austrian School System,

22.

Bundesrechenzentrum Gesellschaft mit beschränkter Haftung,

23.

Bundessporteinrichtungen Gesellschaft mbH,

24.

Federal Agency for Secal Questions,

25.

Bundestheater-Holding GmbH,

26.

Federal Housing Fund,

27.

Campus 02 Fachhochschule der Wirtschaft GmbH,

28.

Christian Doppler Forschungsgesellschaft,

29.

Diplomacy Academy Vienna-Vienna School of International Studies-Ecole des Hautes Etudes Internationales de Vienne,

30.

Energie-Control GmbH,

31.

FH Joanneum Gesellschaft mbH,

32.

FH OÖ Forschungs-und Entwicklungs GmbH,

33.

FH OÖ Immobilien GmbH,

34.

FH OÖ Management GesmbH,

35.

FH OÖ Studienbetriebs GmbH,

36.

FH-Campus Wien-Verein zur Förderung des Fachhochschul-, Development-und Forschungszentrum im south Wien,

37.

FHS Kufstein Tirol educational GmbH,

38.

FHW University of Applied Sciences degree programs Business and research facilities of Wiener Wirtschaft GmbH,

39.

ERP Fund,

40.

Fachhochschule Kärnten-charitable private foundation,

41.

University of Applied Sciences Lauder Business School,

42.

Fachhochschule Salzburg GmbH,

43.

Fachhochschule St. Pölten GmbH,

44.

Fachhochschule Technikum Wien,

45.

Fachhochschule Vorarlberg GmbH,

46.

Fachhochschule Wiener Neustadt,

47.

Fachhochschule des bfi Wien Gesellschaft m.b.H.,

48.

University of Applied Sciences Burgenland GesmbH,

49.

Family & Career Management GmbH,

50.

FIMBAG Finanzmarktbeteiligung Aktiengesellschaft des Bundes,

51.

Financial Market Supervisory Authority,

52.

Funds for the promotion of scientific research,

53.

Fund to co-finance in-vitro fertilisation,

54.

Gendarmeriejuanniversary Fund 1949,

55.

Office of the Austrian Spatial Planning Conference,

56.

Health Austria GmbH,

57.

Auxiliary fund (§ 3 Abs.1 of the German Federal Law of Honor and the Relief Fund, BGBl. No. 197/1988),

58.

High-school and high school students at the Medical University of Vienna,

59.

High-school and high school students at the Academy of Fine Arts Vienna,

60.

High-school and high school students at the University of Linz,

61.

High-school and high school students at the University of Artistic and Industrial Design Linz,

62.

High-school and high school students at the Medical University of Graz,

63.

High-school and high school students at the Medical University of Innsbruck,

64.

High-school and high school students at the University of Leoben,

65.

High-school students at the University of Music and Performing Arts Graz,

66.

High-school and high school students at the University of Music and Performing Arts Vienna,

67.

High-school and high school students at the Technical University of Graz,

68.

High-school and high school students at the Technical University of Vienna,

69.

High-school and high school students at the University of Graz,

70.

High-school and high school students at the University of Innsbruck,

71.

High-school and high school students at the University of Klagenfurt,

72.

High-school and high school students at the Mozarteum University of Salzburg,

73.

High-school and high school students at the University of Salzburg,

74.

High-school and high school students at the University of Vienna,

75.

High-school and high school students at the University of Natural Resources and Natural Resources, Vienna,

76.

High-school and high school students at the University of Applied Arts Vienna,

77.

High-school students at the University of Veterinary Medicine, Vienna,

78.

High-school and high school students at the Vienna University of Economics and Business,

79.

IMC University of Applied Sciences Krems GmbH,

80.

Institute of Higher Studies and Scientific Research (IHS),

81.

Institute of Science and Technology-Austria,

82.

Judicial care agency,

83.

KeyKontakt Austria Public Relations GmbH,

84.

Climate and energy funds,

85.

War victims and disability funds,

86.

KulturKontakt Austria,

87.

Kunsthistorisches Museum with Museum für Völkerkunde and Österreichisches Theatermuseum,

88.

Artist Social Insurance Fund,

89.

Leopold Museum Privatstiftung,

90.

LKR Leichtmetallcompetenzzentrum Ranshofen GmbH,

91.

Ludwig Boltzmann Gesellschaft GmbH,

92.

Ludwig Boltzmann Gesellschaft Verein,

93.

MCI Management Center Innsbruck-Internationale Hochschule GmbH,

94.

MAK-Österreichisches Museum für angewandte Kunst,

95.

Marchfeldschlösser Revitalisierungs-und Betriebsgesellschaft mbH,

96.

Marshall Plan Foundation,

97.

Medical University of Innsbruck,

98.

Medical University of Graz,

99.

Medical University of Vienna,

100.

Montanuniversität Leoben,

101.

Museum of Modern Art Foundation Ludwig Vienna (MUMOK),

102.

Museumsquartier-Errichtungs-und Betriebsgesellschaft mit beschränkter Haftung,

103.

National Fund of the Republic of Austria for Victims of National Socialism,

104.

National Foundation for Research, Technology & Development,

105.

Natural History Museum,

106.

NÖ Bildungsgesellschaft mbH für Fachhochschul-und Universitätswesen,

107.

OeAD (Austrian Exchange Service) -Gesellschaft mit beschränkter Haftung,

108.

Austrian Municipal Debate,

109.

Österreich Institut G.m.b.H,

110.

Austria Advertising,

111.

Austrian Agency for Health and Food Security GmbH (AGES),

112.

Austrian Academy of Sciences,

113.

Austrian Library Network-und Service Gesellschaft m.b.H,

114.

Austrian Federal Finance Agency,

115.

Austrian University of Applied Sciences Conference,

116.

Austrian Forschungsförderungsgesellschaft mbH,

117.

Austrian Gallery Belvedere,

118.

Austrian National Library,

119.

Austrian Institute of Building Technology (ÖIB),

120.

Austrian Institute of Sports Medicine,

121.

Austrian Integration Fund,

122.

Austrian Film Institute,

123.

Austrian high school and high school students,

124.

Austrian Institute for Economic Research (WIFO),

125.

Austrian Association of Cities,

126.

Council for Research and Technology Development (RTD Council),

127.

Broadcasting and Telekom Regulierungs-GmbH (RTR-GmbH),

128.

Rails-Control Österreichische Gesellschaft für Rail Traffic Market Regulation with limited liability,

129.

Graz University of Technology,

130.

Technical University of Vienna,

131.

Vienna Technical Museum with Austrian Media Library,

132.

Environmental and Water Management Funds,

133.

Federal Environment Agency with limited liability,

134.

University of Applied Arts Vienna,

135.

Universität für Bodenkultur Wien,

136.

University of Graz,

137.

University of Innsbruck,

138.

University of Artistic and Industrial Design Linz,

139.

University of Linz,

140.

Universität für Musik und darstellende Kunst Graz,

141.

Universität für Musik und darstellende Kunst Wien,

142.

University of Klagenfurt,

143.

Universität Mozarteum Salzburg,

144.

University of Salzburg,

145.

University of Vienna,

146.

Support fund for people with disabilities,

147.

Federal Police Support Institute,

148.

Association NEUSTART,

149.

United-Austrian military foundations,

150.

Representative Network-Forestry, Public Prosecutor's Office, Population Representation (VSP),

151.

University of Veterinary Medicine, Vienna,

152.

via donau-Österreichische Wasserstraßen-Gesellschaft m.b.H,

153.

Wiener Stadterweiterungsfonds,

154.

Vienna University of Economics,

155.

Welfare Fund of the Federal Police,

156.

Welfare Fund for the Executive of the Confederation,

157.

Future Fund of the Republic of Austria.