Agreement Between The Federal, The State And Communities On An Austrian Stability Pact In 2012 - Eap 2012

Original Language Title: Vereinbarung zwischen dem Bund, den Ländern und den Gemeinden über einen Österreichischen Stabilitätspakt 2012 - ÖStP 2012

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Agreement between the Federal Government, the Länder and the municipalities on an Austrian Stability Pact 2012-ÖStP 2012

The Federal Government, represented by the Federal Government, and the Länder of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg and Vienna, represented by the Governor of the State, as well as the municipalities represented by the Austrian town council and the Austrian Association of Cities,

-having regard to the Federal Constitutional Law on Authorizations of the Austrian Association of Municipal Debates and the Austrian Association of Cities and on Art. 13 and 15a of the Federal Constitutional Law-have agreed to the following agreement: close:

Article 1

Coordination on sustainability of financial management

The Federal Government, the Länder and the municipalities shall endeavour to ensure the budgetary management of sustainable budgets and shall coordinate their financial management in accordance with Art. 13 B-VG with a view to achieving this objective in accordance with this Agreement. They will work together to ensure the sustainable observance of the criteria on budgetary discipline, in particular on the basis of Articles 121, 126 and Article 136 of the Treaty on the Functioning of the European Union (TFEU). They implement the existing rules of secondary law, such as the regulations on the Stability and Growth Pact, and are in line with the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union.

Article 2

System Multiple Fiscal Rules

(1) The Federation, the Länder and the municipalities agree on a system of multiple fiscal rules, all of which are common to the implementation of the provisions of Art. 13 B-VG, of Union law and of the Treaty on Stability, Coordination and Governance in Economic and Monetary Union. in the case of sound financial management.

(2) This system shall comprise:

a)

a general rule on the permissible budgetary balance in accordance with the ESA (Maastricht balance)

b)

a rule on the respectively permissible structural balance (debt brake)

c)

A rule on the respective allowable expenditure growth (expenditure brake)

d)

a rule on the return of the respective government debt to the ESA (debt-to-debt adjustment)

e)

A rule on limits of liability

f)

Rules to improve the coordination of budgetary management between the Federal Government, Länder and municipalities, medium-term budgetary planning, mutual information and transparency of financial management

g)

Rules on sanctions and penalties in the event of derogations from one of the agreed rules.

Article 3

Maastricht-Saldo

(1) The Federal Government and the Länder undertake not to fall below the following values for the budgetary balance according to the ESA (Maastricht balance) in the years 2012 to 2016 (in% of nominal gross domestic product GDP):

2012

2013

2014

2015

2016

Federation

-2.47

-1.75

-1.29

-0.58

-0.19

Countries

-0.54

-0.44

-0.29

-0.14

+0.01

(2) The non-underwriting budget balance in accordance with the ESA (Maastricht balance) is distributed among the individual countries:

Countries

Shares

2012

2013

2014

2015

2016

Burgenland

1.996%

1.726%

-0.576%

-0.419%

0,000%

Carinthia

8.318%

8.259%

9.280%

8.784%

5.217%

Lower Austria

17.469%

18.911%

20.988%

21,824%

17.826%

Upper Austria

18.360%

18.653%

16.770%

17.526%

13.478%

Salzburg

5.942%

5.731%

7.716%

8.658%

8.696%

Steiermark

22,603%

17.622%

7.201%

0.650%

14.348%

Tyrol

4.159%

3.668%

6.831%

8.973%

11.304%

Vorarlberg

3.565%

4.155%

4.938%

5.010%

4.348%

Vienna

17.588%

21.275%

26.852%

28.994%

24.783%

Total

100,000%

100,000%

100,000%

100,000%

100,000%

(3) The municipalities undertake to achieve a balanced budgetary balance according to ESA (Maastricht balance) in the years 2012 to 2016.

(4) In the years from 2017 onwards, the sum of the shares of the state sectors in the general government Maastricht balance may be the general government limit in accordance with the Protocol (No: 12) on the excessive deficit procedure (OJ, 16 December 2004, C 310/337), the respective Maastricht balance should be improved, where appropriate, in the ratio of the deficit shares.

(5) The underwriting of the Maastricht balance allowed in each case up to a maximum of € 75 million. € 45 million for the Federal Government and a maximum amount of € 45 million € 300 million for countries in common as well as municipalities in 2012 € 150 million in 2013 €, € 100 million in 2014 € and € 50 million in 2015 € and € 0 million in 2016 € together are permitted, but only as far as this maximum amount has not already been used for the previous year. The amount of the underwriting shall be offset in the following year. The value for each country is calculated according to the number of people according to § 9 paragraph 9 FAG 2008. For the municipalities (national), the proportion of the possible undershooting amounts to:

Municipalities of the Länder

% share

Burgenland

4.11%

Carinthia

8.58%

Lower Austria

23.63%

Upper Austria

21.25%

Salzburg

8.11%

Steiermark

18.26%

Tyrol

10.54%

Vorarlberg

5.52%

Total

100.00%

Article 4

Structural balance (debt brake)

(1) The budgets of the Federal Government, the Länder and the municipalities shall, in principle, be in balance or be in surplus in accordance with the law of the European Union and under this Agreement on the economic cycle. This principle is in line with the overall state if the annual structural budget balance of Austria does not fall short of -0.45% of nominal GDP in the years from 2017 onwards.

a)

For the federal government, the principle is met if the share of the federal government, including social security, does not fall below the structural budget balance of the general government -0.35% of nominal GDP (the federal government's rule limit for the structural budget). Deficit).

b)

For countries and municipalities, the principle is complied with if the share of countries and municipalities does not fall below the structural budget balance of the State as a whole -0.1% of nominal GDP (the rule limit of the countries and municipalities for the structural deficit).

(2) The Federal Government, the Länder and the municipalities (national) shall ensure a rapid approximation to this objective in the years 2012 to 2016 in accordance with Article 3.

a)

In this connection, the budgetary balance allowed in accordance with Article 3 is to be adjusted in accordance with the ESA (Maastricht balance) for cyclical influences and for one-off measures. In the years 2012 to 2016, the result is the lower limit for the structural budget balance, which is permissible for the year in question. This does not result in any further obligations, without prejudice to lit. b.

b)

In accordance with the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union, the European Commission is proposing the time frame for convergence towards a balanced or surplus state of general government. Budget. If this proposal provides for a faster approximation of the structural deficit rule limit than is the result of the provisions of this agreement, the proportion of the structural deficit resulting from the proposal of the European Commission is, in any case, the result of the structural budget balance. Any additional consolidation commitments resulting from this shall be allocated to the local authorities in relation to the respective deficit shares in the years 2012-2016 under this Agreement.

(3) discretionary deviations from the respective shares in the structural budget balance are only allowed for the improvement of the budget, except for paragraph 4.

(4) In the event of natural disasters or exceptional emergencies, which are outside the control of the State and which significantly affect the state financial situation, the provisions of paragraph 1 and/or Article 7 permissible limits after information of the coordination committee for the federal government with decision of the National Council, for which countries and municipalities are undershot by decision of the respective state parliament. The respective decision of the National Council or In any case, landtags are to be linked to a return plan. The repatriation shall take place within a period of time appropriate to the law of the European Union.

Article 5

Calculation of the structural or of the Maastricht-Saldos

(1) The method used by the European Commission shall be used for the calculation and determination of the annual general government structural balance. In order to determine the respective structural budgetary balances of the federal, Länder and local authorities (national), the respective budgetary balances in accordance with ESA (Maastricht balances) are subsequently the respective pro-rata conjuncture effect and to clean up any one-off measures.

(2) The Federal Minister of Finance, in the case of Finance, has, in accordance with BHG 2013, § 2 para. 4 Z 3, together with countries and municipalities, guidelines for the more detailed definition and calculation of the relevant regulations and regulations of the Federal Republic of Germany. structural budget balance of Austria. Amendments to the directives are to be decided by the Austrian Coordination Committee. The method regulated therein is to be used for the calculations required in each case in connection with the structural budget balances of the federal government, the Länder and the municipalities (countrywise). The Federal Minister for Finance has to inform the Länder and municipalities of the respective deficit values and their calculation in each case as far as possible.

(3) The pro-rata conjunctural effect is taken from the general government economic effect according to the agreed shares at the lower limit of the still permissible structural budget balance of the general government (-0.45% of nominal GDP; Article 4 (1) (lit)). a and b, Article 6 and Article 8 (5)).

(4) In the determination of the structural budget balance and the budgetary balance according to ESA (Maastricht balance), in the sense of the rules of Union law, in addition to the public budgets, all those entities which are subject to the State in accordance with the provisions of the ESA ESA is to be attributed.

(5) The calculations of the structural budget balance and the ESA budget balance (Maastricht balance) shall be based on the nominal GDP in accordance with the following investigative bases:

1.

The resolutions of the respective competent organs of the Federal Government, the Länder and the municipalities on the drafts for medium-term budgetary planning and for the respective budgets are determined by an independent scientific institution. nominal GDP to be used. This investigation is commissioned by the Federal Ministry of Finance and is made available free of charge to the countries and municipalities.

2.

The calculation of the structural budget balance actually carried out is the nominal GDP calculated by the Federal Statistical Office of Statistics Austria and the corresponding budgetary balances determined by the Federal Statistical Office of Austria in accordance with the ESA (Maastricht-Salden) to be used.

Article 6

Share of countries and municipalities in the structural deficit

(1) The share of countries in the structural deficit is -0.1% of nominal GDP and will be distributed in the years from 2017 onwards according to the national population according to § 9 paragraph 9 FAG 2008.

(2) In order to provide the municipalities with planning certainty, the Länder will grant local authorities the possibility of bilaterally providing the municipalities with the possibility of a 20% share of the structural deficit from the share of the structural deficit to be accounted for by the country concerned, in the sense of the To use the Stability Pact mechanism.

Article 7

Management of control accounts

(1) The federal, state and local authorities (Länder) shall have a control account in respect of the structural budget balance from 2017. For the municipalities (countrally), the leadership is run through the country.

(2) All differences in the actual share of the structural budget balance of the general government at the agreed share of the structural budget balance of the overall state shall be deemed to be burdens, or as credits to the respective control account and to salve over the years.

(3) deviations of the actual structural budget balance of the federal government from the control limit for the structural deficit are recorded on a federal control account and are salted annually. As soon as a net total load on the control account falls below the threshold of -1.25% of nominal GDP, it is due to the Federal Government's cyclically-adjusted value on the federal government's control limit for the structural deficit.

(4) deviations in the actual structural budget balance of the countries and municipalities from their respective share of the structural deficit rule limit of countries and municipalities shall be based on a control account per country and country by country for the To capture communities. As soon as all the control accounts of the Länder and municipalities as a whole are subject to a total net burden of -0,367% of nominal GDP, the individual control account amounts are cyclically adjusted to a value higher than the total threshold of the nominal GDP. the share of the national and local authorities ' rule.

(5) The Federal Government, the Länder and the municipalities shall endeavour to achieve a balanced or surplus budget. If a negative balance of the respective control account of the federal, state or local authorities is below the respective share of the control limit for the structural deficit, the shortfall is also without unnecessary deprivation in the Subsequent years, if the threshold value (para. 3 and 4) was not undershot. A sanction procedure does not take place.

(6) The economic recovery means that the return must be carried out only if there is a positive change in the output gap in the financial year in question. A production gap is available if the overall economic output capacity is expected to be underutilized or overused. For the detailed regulation of the production gap, the directives referred to in Article 5 (2) are relevant.

(7) The Federal Minister for Finance, in the case of Finance, has, for the purposes of the Austrian Stability Pact 2012 together with countries and municipalities, guidelines for the management of control accounts in accordance with the provisions of BHG 2013, § 2 (4) (3) (3). to create. Amendments to the directives are to be decided by the Austrian Coordination Committee.

Article 8

Control accounts-shares of the Federal Government, the Länder and municipalities

(1) A total burden on the control account falls below the threshold of -1.25% of nominal GDP in the federal government and -0.367% of nominal GDP in countries and municipalities, thus sanction against the local authorities responsible. .

(2) The Federal Government shall be responsible if the total amount of the Federal Control Account has fallen below the amount of -1.25% of the nominal GDP. Countries and municipalities (national) are responsible for the structural deficit of the countries and municipalities in the ratio of their respective share if the total amount of control accounts which is salted is -0.367% of the total. has fallen below nominal GDP.

(3) The amount of 0.367% of nominal GDP is distributed at 0.25% of nominal GDP to countries and to 0.117% of nominal GDP to municipalities.

(4) The share of the individual country in the 0.25% nominal GDP is calculated on the basis of shares in the amount of the structural deficit rule limit.

(5) The shares of municipalities in the 0.117% of nominal GDP are national:

Local authorities

Share of 0.117% of nominal GDP

Burgenland

4.11%

Carinthia

8.58%

Lower Austria

23.63%

Upper Austria

21.25%

Salzburg

8.11%

Steiermark

18.26%

Tyrol

10.54%

Vorarlberg

5.52%

Total

100.00%

Article 9

Permissible growth of expenditure (expenditure brake)

The respective growth in the expenditure of the Federal Government, the Länder and the municipalities (including, in each case, the affiliated units of the State sector in accordance with the ESA) is in accordance with the provisions of Council Regulation (EC) No 1466/97 idF 1175/11 of the Council on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies.

Article 10

Repatriation of the public debt ratio (debt-to-debt adjustment)

(1) The Federal Government, the Länder and the municipalities will reduce the general government debt ratio below the reference value of 60% of nominal GDP and remain below it (Regulation (EC) No 1467/97 idF Regulation 1177/2011 on speeding up and clarifying the procedure in the case of an excessive deficit).

(2) As long as the government debt exceeds the reference value of 60% of nominal GDP, the Federal Government, the Länder and the municipalities shall reduce their level of debt on a national basis annually in accordance with the following provisions:

a)

The general government debt ratio is above 60% of nominal GDP over the last three years on average by one-twentieth of the total.

b)

The share of the federal, state and local government (national) in this reduction is calculated from the ratio of their debt levels according to ESA to each other on 31 December 2011.

c)

If debt levels not previously recorded in the government debt level are recorded in accordance with the ESA, the obligation of the local authority concerned (federal, state, local authorities) will be increased accordingly.

(3) Late increases in the level of debt over the 60% of nominal GDP, as permitted by the method referred to in paragraph 2, are not allowed.

(4) In the following year, changes in the debt ratio contrary to this Agreement will result in the obligation to produce the debt ratio according to the agreed debt ratio. In addition, a sanction is imposed on the responsible authorities on the basis of the opinion of the Court of Auditors (Article 18).

(5) The EU-legal transition period, according to which the first assessment of the repatriation of the public debt will take place three years after the end of the excessive deficit procedure, provided that the budgetary requirements are met , shall also apply to the application of Article 10.

(6) Where there are no financial transactions carried out by the EU as a result of an increase in debt to the ESA, the requirement of the debt criterion shall be deemed to have been fulfilled if the consolidation efforts are sufficiently advanced and in particular, the requirements relating to the Maastricht outcome as referred to in Article 3 and the structural result (debt brake) as referred to in Article 4 are met.

(7) The requirement of the debt criterion shall also be deemed to be fulfilled if the Commission's budgetary estimate indicates that the required reduction in the distance over the three-year period, including the two-year period, shall be met by the Commission's budgetary estimates. to the last year for which the data is available.

Article 11

European-law exceptions to the fiscal rules

Where the competent institutions of the European Union grant temporary exceptions to the provisions of the European Parliament for the agreement, the values of the fiscal rules concerned shall be changed in the same way as those applicable to those Local authority (s) in their area of responsibility (structural reforms, pension reforms, exceptional event which takes place in the control of the Member State in question and has a significant impact on the situation of public authorities). Finance, or a severe economic downturn in the euro area or in the The Union as a whole) is for the exception.

Article 12

Budget decisions of countries and municipalities

(1) The budgetary decisions of the Länder and of the local authorities shall be taken in a legally binding form and shall be made public. The Federal Government, the Länder and the municipalities have to make their respective estimates and accounts, including all supplements, available in a timely manner to the decision-making in a form on the Internet, which allows further use (e.g. downloadable, no images or PDF).

(2) The budgetary rules of the Länder and municipalities shall be based on the principles of transparency, efficiency and the wide comparability of the countries ' budgetary data; To make municipalities within the meaning of § 16 of the Financial Constitutional Law 1948.

(3) In a legally binding form, the Länder and municipalities shall, in any event, have to decide on a multiannual financial planning with established limits of liability and to communicate them in the form of Appendix 2 to the Austrian Coordination Committee (Article 15).

(4) In the context of the annual budgetary processes, all entities and funds not covered by regular budgets in accordance with the ESA, together with other relevant information, shall be those for the financial management and coordination of the budget. the meaning, identification, presentation and publication within the meaning of paragraph 1 of this Article.

Article 13

Liability ceilings

(1) The Federation and the Länder (Länder also for municipalities) limit their liability. For the federal level federal law and for the Länder and municipalities, legally binding limits of liability for the respective country level and country law for the respective community level over a medium-term Period specified in advance.

(2) The nature of the liability exists, irrespective of the name of the legal relationship, such as e.g. Guarantee, guarantee, declaration of patronage, etc., in the fact that the liability provider can be used for the performance at the time of the entry of standardised liability standards.

(3) The limits of liability shall be determined by the Federal Government and the Länder (Länder for municipalities) in such a way that they contribute to ensuring the overall economic balance and to sustainably orderly households in this area of financial management. They will refer to the responsibilities of the local authorities under this agreement (ESA).

(4) The provision of paragraph 1 shall also include the procedure in the case of liability overtakes, in any case provided conditions and information requirements vis-à-vis the general body of representation, and shall govern the closure of the accounts in the accounts. with regard to liability frames as well as the state of use.

(5) Risk provision shall be provided for at least the most probable acceptance of a claim. A predominant probability of occurrence is to be assessed individually for each assumed liability, the risk provisions are for individual arrears on the basis of the risk assessment of these individual arrests.

(6) Without prejudice to paragraph 5, it is possible to provide for the grouping together of similar liabilities in respect of risk management to groups comparable to those of comparable risk. For risk groups, an overwhelming probability of occurrence is likely to occur if the local authority has been used frequently and over a longer period of time. The determination of risk groups for risk groups is carried out by the experience of the last five financial years.

(7) Other contingent liabilities within the meaning of the Fiscal Framework Directive (Directive 2011 /85/EU) shall be designated by the Federal Government and the Länder (Länder also for municipalities) in accordance with the spirit of the present invention.

Article 14

Budgetary coordination

(1) In order to effectively implement these commitments, the Federal Government, the Länder and the municipalities shall coordinate their financial management. To this end, political coordination committees will be set up. Decisions taken in these bodies shall be taken by common accord.

a)

For the budget coordination between the federal government, the Länder and the municipalities (municipal and town council), an Austrian coordination committee is formed from their representatives at the Federal Ministry of Finance.

b)

For the budget coordination in the individual countries (with the exception of Vienna) in the relationship between the country and the municipalities, countries-coordination committees are formed, in which the representatives of the country, the respective national associations of the Austrian The municipal authorities and the Austrian Association of Cities are represented.

c)

The coordination committees are, at the request of a contractual partner, from the Federal Minister of Finance (s) for Finance and/or Finance. to be convened by the respective country. The Austrian Coordination Committee has to meet at least once a year. Further provisions on the organisation and management of the coordination committees are to be laid down in each of the Rules of Procedure.

(2) The subject of budget coordination in the Austrian Coordination Committee is, in particular, coordination, mutual information and decision-making in the context of the agreed fiscal rules. These include in particular:

a)

advice and decision-making concerning the agreed system of multiple fiscal rules;

b)

advice and information on the development of households, the government deficit and the public debt situation, in particular by means of target-actual comparisons

1.

budgetary development and budgetary results

2.

the development of the structural budget balance and of the control accounts and of the ESA balances (balances of the Maastricht Treaty),

3.

the repatriation of any exceedances of the respective shares in the structural deficit rule limit,

4.

any exceedances in the event of natural disasters and exceptional emergency situations and their repatriation,

5.

debt levels and debt development,

6.

expenditure and expenditure development,

7.

the liability levels and the development of the liability levels of the Federation, the Länder and the municipalities, as well as by

8.

comparisons of the macroeconomic forecast and budgetary forecasts with the Commission's most recent forecasts and the justifications of deviations;

c)

the annual collection and presentation of the personnel data of the Federal Government, the Länder and the local authorities of the municipalities. For this purpose, the form appendix 1 must be used and transmitted to the Austrian coordination committee up to 31 August of each year; community data are reported together by the country;

d)

the medium-term orientation of the financial management, in particular through mutual information and advice on it; the preparation and reciprocal transmission of a sensitivity analysis;

e)

the recommendation of counter-controlling measures in the event of divergence from the agreed fiscal rules;

f)

the definition of the measures to be taken to implement the provisions of the European Union institutions for the implementation of economic and monetary union.

(3) The subject of budget coordination in the countries-coordination committees is, in any case, the subject of paragraph 2 (2). (a) to (f) the definition of sanctions if the information obligations contained in this Agreement are violated by municipalities. Within four weeks, the Federal Ministry of Finance shall be informed of the deliberations and decisions of the countries-coordination committees in a suitable form.

(4) Treated developments which differ significantly from the initial budgetary planning, in particular in the event of a drop in the amount of the proceeds from the judgment of a maximum court or legal changes (tax reforms), in the case of a clear worse economic development, at the time of the occurrence of another exceptional event, which takes place from the control of the local authority concerned and which has a significant impact on its financial situation or in the event of changes in the ESA interpretation by Eurostat, as well as in an EU recommendation to speed up the correction of Budgetary situation, the Federal Government, the Länder and the municipalities have to negotiate the reduction or increase of the obligation of the respective fiscal rule concerned.

(5) The task of the Austrian Coordination Committee in the context of the budget coordination is, where appropriate, the consensual change of report dates.

Article 15

Medium-term budgetary management

(1) The Federal Government, the Länder and the municipalities shall ensure the medium-term orientation of the financial management in accordance with the obligations under this Agreement and have a credible, effective medium-term budgetary framework in accordance with the rules of Union law. The Federal Government, the Länder and the municipalities have to report on this to the Austrian Coordination Committee until 31 August, the municipalities through the regional coordination committee. In order to explain the budgetary planning, the Federal Government, the Länder and the local authorities are laying down data on the basis of national data, respectively. Rough planning in accordance with Annex 2. The Federal Government and the Länder will, as far as not already done, have the obligation to provide medium-term guidance for the financial management of their areas of responsibility, which will thus also make them legally binding on the local authorities.

(2) In the preparation of their annual estimates, the Federal Government, the Länder and the municipalities shall document the relationship between the preliminary stop and the area to be responsible for each ESAVG by means of a simple transfer table. They have to comply with the agreed fiscal rules when deciding on the annual budget estimates. Derogations from the established medium-term planning shall be explained.

(3) The Federal Minister (s) for Finance, published in accordance with the Regulation of the European Parliament and of the Council on common rules for the monitoring and evaluation of overviews on general government budgetary planning and in order to ensure the correction of excessive deficits in the Member States by 15. October of each year the draft of the Federal Finance Law and the budgetary main parameters of the countries and municipalities.

Article 16

Austrian Stability Programme

(1) The Federal Minister for Finance shall prepare the draft of the Austrian stability programme on the basis of the results of the budget coordination and submit it to the Federal Government for decision-making. The Federal Minister for Finance then has the Austrian Stability Programme to be brought to the attention of the National Council and forwarded to the relevant institutions of the European Union. In April of each year, the Austrian Coordination Committee will meet and exchange the necessary and available data for the preparation of the Austrian Stability Programme.

(2) The Federation shall be responsible for issuing the notifications, opinions and reports requested in accordance with the provisions of Community law on budgetary discipline in Austria.

(3) The Austrian Stability Programme does not allow the countries and municipalities to fulfil their obligations beyond the content of this Agreement.

Article 17

Information system

(1) In order to support the implementation of this Agreement, a sanctioned information system shall be agreed upon. In addition, the agreed budgetary coordination will be used for mutual information on matters of budgetary management.

(2) The sanctioned information system shall include the obligations

a)

in the context of reporting on the medium-term focus on budgetary management and the presentation of staff data

b)

in accordance with the BGBl Regulation (BGBl). II No 361/2002, as amended by the BGBl version. (II) No 465/2004) and

c)

in the light of the

-

Regulation (EC) No 2223/1996 on the European system of national and regional accounts in the European Community (ESA),

-

Regulation (EC) No 264/2000 implementing Council Regulation (EC) No 2223/96 with regard to the transmission of short-term public finance statistics,

-

Regulation (EC) No 475/2000 and Regulation (EC) No 351/2002 amending Regulation (EC) No 3605/93 on the application of the Protocol on the procedure for excessive use of the Protocol annexed to the Treaty establishing the European Community Deficit,

-

Council Regulation (EU) No 679/2010 amending Regulation (EC) No 479/2009 as regards the quality of statistical data in the context of the excessive deficit procedure

necessary statistics on the building of the public sector,

d)

in the context of reporting under the Treaty on Stability, Coordination and Governance, the Six Pack (Regulation (EU) No 1173/2011 of the European Parliament and of the Council of 16 November 2011 on the effective enforcement of the fiscal surveillance in the euro area; Regulation (EU) No 1174/2011 of the European Parliament and of the Council of 16 November 2011 on enforcement measures to correct excessive macroeconomic imbalances in the euro area Euro area; Regulation (EU) No 1175/2011 of the European Parliament and of the Council of 16 November 2011 amending Council Regulation (EC) No 1466/97 on the development of the surveillance of budgetary positions and the surveillance and coordination of economic policies; Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances; Council Regulation (EU) No 1177/2011 of 8 November 2011 amending Regulation (EC) No 1467/97 on speeding up and clarifying the Excessive deficit procedure; Council Directive 2011 /85/EU of 8 November 2011 on the requirements for the budgetary frameworks of the Member States) and of the Regulation of the European Parliament and of the Council on common rules for the monitoring and evaluation of overviews of the general government Budgetary planning and ensuring the correction of excessive deficits of Member States;

e)

on the notification of newly created institutional units (ESA) to the Bundesanstalt Statistik Austria and the Austrian Coordination Committee within two months. Parent companies that are not attributable to the State sector are excluded from the reporting requirement. In any case, however, institutional units (ESA) newly created by hospitals are to be reported. Statistics Austria examines-also in the case of federal units-whether the unit in question is to be attributed to the sector of the state and is therefore to be taken into account for the calculation of obligations under this agreement. The outcome of the audit shall be communicated to all agreement partners and to the Court of Auditors.

(3) Information and reports shall, in principle, be transmitted in electronic form.

(4) The Federal Institute of Statistics Austria has violations of the information system to the Schlichtungsgremium (Schlichtungsgremium) until a point of order of the Schlichtungsgoverning body is issued by the Federal Ministry of Finance, or by the Federal Ministry of Finance, respectively. inform the Regional Coordinating Committee. The necessary information must be determined for the time being by estimation. This data shall be based on any further proceedings. If information is delayed, it is estimated-as far as possible-to be replaced by the late information.

(5) In case of culpable violation of the information obligations by the Federal Government or the Länder, a contribution of the local authority in the amount of 10 cents, multiplied by the number of inhabitants of the local authority, but not more than 100 000 € , The respective Schlichtungsgremium decides whether there is a culpable injury. These amounts shall be entered in the next advance according to § 12 FAG 2008. The federal government should act accordingly.

(6) In the event of a breach of information obligations by municipalities, the Regional Coordination Committee shall provide appropriate measures.

(7) Contributions for breach of the obligation to provide information shall be made available to the Federal Statistical Office in Austria for the partial coverage of the additional costs caused by this agreement.

Article 18

Determination of budgetary results

(1) The calculation of the budgetary balances according to ESA (Maastricht balances), the structural budgetary balances based on the budget result according to ESA, the growth of expenditure, the debt levels, the liability levels and any other Possible liabilities are provided by the Bundesanstalt Statistik Austria.

(2) The Federal Statistical Office (Bundesanstalt Statistik Österreich) will contact the contracting parties and, with regard to municipal results at the state level, also contact the municipal authority by mid-July of one year in each case, in order to ensure that they are formally and content-related. Examination of the data received by the Federal Statistical Office (Bundesanstalt Statistik Austria) in order to clarify open questions in common until then.

(3) The Contracting Parties or The municipal authority of each country may give an opinion on the outstanding issues referred to in paragraph 2. Exist between the Contracting Parties and/or Municipal supervision and the Federal Statistical Office (Bundesanstalt Statistik Österreich) have different views on the open questions, they are to be clarified together.

(4) The Bundesanstalt Statistik Austria shall submit a report to the Austrian Coordination Committee and to the Court of Auditors until the end of September of each year.

(5) Should a consensual vote not be possible until the date of notification, the Federal Institute of Statistics Austria has decidedly asked the open questions with the arguments of the contracting parties or the parties. of the municipal authority in the report referred to in paragraph 4, and to justify why it is of the opposite view.

(6) Should the Bundesanstalt Statistik Österreich have applied new ESA rules or new rules of interpretation to the ESA, which influence the outcome, this is to be found in the report at any rate.

(7) This report also has the view of the Federal Statistical Office in Austria to determine whether a sanction-relevant situation exists. Should the sanction-relevant situation be caused by new ESA rules or new rules on the interpretation of the ESA, this should be done.

(8) The Court of Auditors shall draw up an expert opinion on the existence of a sanction-related matter from the report of the Austrian statistics on the fact that there is a sanction-relevant situation arising from the violation of the provisions of this Agreement.

(9) In accordance with the legal basis for the activity in question, the Bundesanstalt Statistik Austria shall provide the Court of Auditors with the necessary documents and bases for calculation and shall be responsible for the preparation of the Court of Auditors. Opinion a right of access to all necessary data, documents, contracts, etc. of the local authorities and of the legal entities which influence their influence.

(10) Any amendments to the ESA or its interpretation of previously identified previous household results in accordance with the ESA, following the reimbursement of the report at the end of September, shall not result in any sanction-related facts.

(11) For the determination of the budgetary results according to the ESA (Maastricht deficit), the structural budget balances, the growth of expenditure and the debt levels, the interpretation rules of the ESA are taken as a basis. The budgetary results of the Chambers are not to be attributed to the local authorities. The actual economic effect of the previous financial year is determined by the gross domestic product of the Federal Statistical Office of Statistics Austria and the estimate of the potential gross domestic product of the European Commission. for the previous financial year. However, it is also possible to use the values obtained by an independent scientific institution, provided that they are more up-to-date than the value determined by the European Commission and provided that they are applied by the European Commission. Commission used calculation method. The Federal Ministry of Finance (Federal Ministry of Finance) has announced the values for budget sensitivity to be used in the investigation of the Federal Statistics Austria. The respective indicators are to be defined as nominal values and as a percentage of nominal GDP. In the case of the expenditure brake (Article 9), the quota shall also be related to the previous year's value.

(12) The necessary agreements with the Bundesanstalt Statistik Austria are to be concluded by the Federal Ministry of Finance.

Article 19

Sanction Mechanism

(1) A sanction mechanism shall be established to secure the stability obligations of this Agreement.

(2) The Court of Auditors shall, in the preparation of the opinion referred to in Article 18, be submitted in accordance with the procedure laid down in Article 127 (5) B-VG. Representatives of the Austrian Association of Cities and the Austrian Association of Municipalities shall be entitled to submit an opinion for the municipalities. When assessing the matters relevant to sanctions, expenditure/disbursements will be made

a)

for measures to stabilise the international financial market, with which decisions are implemented by international institutions or by the EU institutions, in particular: Measures in accordance with the Balance of Payments Stabilisation Act (ZaBiStaG), and

b)

for federal, state and local government measures to stabilise the Austrian financial market, in particular Measures in accordance with the Interbank Market Strengthening Act (IBSG) and the Financial Stability Act (FinStaG),

(c)

Retroactive changes in potential growth or subsequent changes in the ESA or new rules on interpretation of the ESA after reporting by statistics Austria are not taken into account in the assessment of the sanctions-relevant facts.

(3) Where it is established by the Court of Auditors that there is a sanction-related matter, a mediation panel shall be referred to and convened without delay.

(4) The Schlichtungsgremium (Schlichtungsgremium) consists of two members nominated by the Federal Minister for Finance, two members nominated by the Länder and one nominated by the Austrian Municipal Council and the Austrian Association of Cities of Cities. For each country, one member will be nominated by the respective chairmanship of the regional main conference and by the incoming Presidency. In the event of prevention pursuant to paragraph 6, the respective successor shall act as the nominee for nomination.

(5) The representatives of the country concerned (the municipalities of the country) may not be nominated or nominated as members of the Schlichtungsgoverning body. The Schlichtungsgremium (Schlichtungsgremium) will be convened as the Austrian Coordination Board.

(6) The decision-making body shall be quorum if it is properly convened and at least five members are present. If this quorum is not reached, it shall be convened again on the same agenda after at least 14 days. In such a case, the number of persons required for the quorum shall be reduced to two members.

(7) In accordance with Article 18 (4) and the opinion of the Court of Auditors pursuant to Article 18 (8), the Schlichtungsgremium (Federal Statistical Office) report has the report of the Federal Statistical Office (Bundesanstalt Statistik Österreich) of those Contracting Parties which have set a sanction-related matter, and, within two months, to announce measures to remedy the situation, and to implement these measures immediately.

(8) If the measures submitted are sufficient from the point of view of the SchlichtungsPanel, those Contracting Parties which have set a sanction-related matter shall be required to implement the plan and to report on them on an ongoing basis.

(9) Where Austria is subject to a shorter time-limit in a procedure of the EU than is the basis of this Agreement, the requested establishment of budgetary discipline shall be made by all the parties concerned, within these shorter time limits. .

(10) If those Contracting Parties which have set a sanction-related situation do not plan or do not comply with the programme of measures in question, a penalty may be agreed by the Board of Appeal by the mediation body. shall be imposed. The representatives of the local authority level concerned shall have only one advisory vote.

(11) If those Contracting Parties which would have to make a contribution to the penalty are of the opinion that there is no matter justifying a sanction under this Treaty, they may request that an arbitral tribunal be decided on this matter. The arbitral tribunal is in the sense of the Federal Constitutional Law on Appropriations of the Austrian Association of Municipal Debates and the Austrian Association of Cities (BGBl. No 61/1998) by the Contracting Parties.

Article 20

Transfer of surpluses

(1) The federal government, the Länder and the country-specific authorities are free to transfer budgetary results to each other by means of written agreement, in so far as the respective fiscal rule is overfulfilled. Such agreements shall be taken into account by the Court of Auditors in the opinion of the experts. Multiple bills do not take place, in particular, no adjustments are made to the control account for household results which are transmitted in a computer-like manner. The Austrian Coordination Committee is to be agreed in each case.

(2) No sanction shall be applied in so far as incompatible deviations of fiscal rules are covered by overperformance of other countries and municipalities, provided that they have not yet been provided in the meaning of paragraph 1 and are not available for doping purposes of the control account of the country concerned or of the municipalities concerned in a country-by-country manner. Such a computerised cover shall take place only for the year in question. Multiple bills do not take place, in particular, no adjustments are made to the control account for household results which are transmitted in a computer-like manner. Surpluses of municipalities (national) are used for the calculation of the undershooting of municipalities (countrywise). Surpluses of countries are used to cover the computer coverage of underwriters of countries. Remaining surpluses will be used to cover the underwriting of all countries and municipalities. The computerised coverage of the underwriting of countries and municipalities is based on the ratio of the breakdown of the Community's national charges in the year concerned.

(3) No penalty contribution shall be made to the extent to which the relevant provisions of Article 23 apply.

(4) It is also not necessary to make a contribution if the Maastricht balance is observed or if the Maastricht balance is respected. the structural balance exceeds the permitted growth of expenditure referred to in Article 9 on the basis of public investment in accordance with the ESA, provided that the necessary financial resources are covered by reserves or by means of credit Article 7 (2) shall be entered on the relevant control account.

Article 21

Sanction Contribution

(1) The contribution of penalties in the event of a breach of the respective share of the Maastricht balance, the structural deficit, the adjustment of the debt quota or the expenditure brake shall be 15% of the excess.

(2) In the event of a cumulative violation of a number of fiscal rules, the sanction shall only be provided once. It shall be calculated by the highest number recorded in terms of number.

(3) Where financial penalties are to be imposed in accordance with Article 24, a penalty contribution shall be maintained in accordance with Article 21.

Article 22

Sanction Procedure

(1) A penalty payment is without unnecessary default, if possible as from February of the second year of the second year, by the Federal Ministry of Finance in the performance of the advances on the income shares in the Community federal contributions in accordance with § 12 FAG 2008 in Six monthly instalments, and on a special settlement account in the name and on the account of the countries concerned, or to invest in communities. The federal government should act accordingly.

(2) If, in the following year of a breach of the provisions of this Agreement, the deviation by the relevant local authority is compensated for and no further violation of the provisions of this Agreement shall be effected, the Special Account shall be dislocated and to transfer the penalty charge together with the interest of the local authority concerned.

(3) If, in the following year, a breach of the provisions of this Agreement is re-infringed by the provisions of this Agreement, a penalty charge including interest shall be forfeited for the benefit of the local authorities, which shall be subject to the The following year, the agreement has been fulfilled.

(4) The allocation of a penalty fee is to one third each to the federal government, to the Länder and to the municipalities. Anyone who has to make a penalty contribution will not be included in the distribution. The subdivision to countries and municipalities shall be carried out in accordance with the ratio of the total Community contributions after the last interim settlement in accordance with § 12 FAG 2008 after deduction of the foreway trains.

(5) The obligation to make any new performance of a penalty contribution is not affected by the distribution.

Article 23

Evidence outages

(1) If the yield of an exclusive charge is reduced by a judgment of a maximum court or if it comes as a result of such a judgment for repayment (crediting) of unallocated gift orders, the Confederation shall be informed of appropriate proposals by the the local authorities concerned create a legal framework for the exclusive contributions of the local authorities concerned, which will create as far as possible a replacement as far as possible.

Pending the entry into force of such a scheme, the share of the fiscal rules concerned shall be increased as from the refund of the proposals submitted by the local authorities concerned.

Article 24

Financial sanctions

(1) The Federal Government, the Länder and the municipalities shall have the burden of imposing any financial penalties, which shall be imposed in accordance with the European Union's legislative acts for the implementation of budgetary discipline or the Treaty on Stability, Coordination and Taxation in the Economic and Monetary Union shall be imposed on the basis of the causation.

(2) These amounts shall be deducted in the case of the following advances according to § 12 FAG 2008. The federal government should act accordingly.

Article 25

Transparency

(1) Decisions and reports on the basis of this agreement shall be made available by the Federal Ministry of Finance to the agreement parties and to the public by publication on the BMF's homepage. These are the reports of the Federal Institute of Statistics Austria, the decisions of the coordination committees (the Regional Coordination Committee and the Austrian Coordination Committee), the decisions of the Schlichtungsgoverning body, which are adopted in accordance with Annexes 1 and 2. , as well as the transfer table, relevant information on contingent liabilities, after referral to the Court of Appeal Opinion of the Court of Auditors, and any opinion of the interested parties concerned. Local authority in unshortened form, the annual stability programme, and Council recommendations on the legal provisions adopted in the implementation of this Agreement.

(2) The Confederation, the Länder and the municipalities will ensure the transparency of their estimates and financial statements by providing a simple transfer table between the administrative result and the ESA result. The starting point for countries and municipalities is the accounting cross-section, supplemented by the ESA results of disorganised institutional units in the public sector, which are to be attributed to the local authority under this agreement. .

Article 26

Deposit

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 contractual partners.

Article 27

entry into force

(1) This Agreement shall enter into force 1. Jänner 2012 in force, as soon as

1.

the conditions necessary for entry into force in accordance with the country's constitutions are fulfilled and the Federal Chancellery has received the notifications from the Länder as well as

2.

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

The reporting obligations provided for in Articles 14 and 15 shall be carried out with the date following the entry into force.

(2) This agreement shall not enter into force until 31 December 2012 pursuant to paragraph 1 and until then have at least the federal government and at least one country or at least the municipalities represented by the Austrian Community and the Austrian Communities The Association of Cities, which fulfils the necessary conditions for entry into force, shall enter into retroactive effect of the agreement for these Contracting Parties with 1. Jänner 2012 in force. Accessions of other intended contracting parties with retroactive effect respectively to the 1. Jänner of the current year is possible.

(3) The provisions of this Agreement shall be in accordance with the date of effect of the respectively implemented Euro-Parechtlichen or to apply international obligations, taking into account existing transitional arrangements. Section 2 (4) to (7) of the Federal Budget Act 2013 idF. BGBl. I No 150/2011 should be applied in accordance with the provisions of this Agreement already in the years 2012 to 2016.

(4) The Federal Chancellery shall communicate to the Länder and municipalities the fulfilment of the conditions laid down in paragraph 1 or 2.

Article 28

Duration

(1) This agreement shall be concluded indefinitely.

(2) The legal consequences provided for in the event of a breach of the provisions of this Agreement shall be valid even after the expiry of this Agreement.

(3) For the period of validity of this Agreement, the effectiveness of the agreement between the Federal Government, the Länder and the municipalities concerning the coordination of the financial management of the Federal Government, the Länder and the municipalities-the Austrian Stability Pact, BGBl. I No 101/1999.

(4) The validity of the agreement between the Federal Government, the Länder and the municipalities on a consultative mechanism and a future Stability Pact for local authorities, BGBl. I No 35/1999, shall not be affected by the conclusion or termination of this Agreement.

(5) The agreement partners undertake to enter into timely negotiations on the adaptation of this agreement to amended EU legislation, with a view to the timely entry into force of the revised agreement and of any possible consequences of the agreement. supplementary national and national legislation.

(6) This Agreement shall not enter into force,

1.

as soon as the agreement between the Federal Government, the Länder and the municipalities on a consultative mechanism and a future Stability Pact of the local authorities, BGBI. I No 35/1999, because of termination by the Federal Government;

2.

if the FAG or the health financing (Art. 15a B-VG agreement) or the care financing (nursing care law) or the 24-hour care (Art. 15a B-VG Agreement) without any successor solution accepted by countries and municipalities, or which will be changed to the financial disadvantage of the countries and/or municipalities without their acceptance.

Acceptance within the meaning of Z 2 shall not be accepted if an agreement partner objects to a procedure analogous to the consultation mechanism. In order to avoid an expiry of FAG, the Federal Government will establish a financial compensation plan in FAG 2008, according to which the FAG will be provisionally applied until such a solution in the event of a non-timely production of acceptance.

Article 29

ÖStP 2011 external force

The Austrian Stability Pact for 2011, with the entry into force of the ÖStP 2012, will be retroactive for the parties to this agreement with 1. Jänner 2012 out of force.

The agreement shall enter into force in accordance with Article 27 (2) of this Agreement. Jänner 2012 for the federal government, the countries of Burgenland, Carinthia, Lower Austria, Upper Austria, Styria, Tyrol, Vorarlberg and Vienna as well as the municipalities in force.

Faymann