Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_30/BGBLA_2013_I_30.html
Agreement between the Federal, the State and communities on an Austrian stability pact in 2012 - EAP 2012
The Federal Government, represented by the Federal Government, and the countries of Burgenland, Carinthia, lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg and Vienna, each represented by the Governor, and the municipalities, by the Austrian Federation of municipalities and the Austrian Association of cities,
-have agreed based on the constitutional law on appropriations of the Austrian Association of municipalities and the Austrian cities and on article 13 and 15a of the Federal Constitution Act to conclude the following agreement:
Coordination to the sustainability of the budgetary
Federal, State and municipal strive for lasting overall households in their financial management and coordinate their financial management referred to in article 13 B VG in regard to this goal according to this agreement. You are together sustainable compliance with the criteria on budgetary discipline in particular on base ensure article 121, 126 and article 136 of the Treaty on the functioning of the European Union (TFEU). You to implement the rules of secondary legislation such as the regulations on the stability and Growth Pact and in line with the Treaty on stability, coordination and governance in the economic and Monetary Union.
System of multiple fiscal rules
(1) Federal, State and municipal reconcile stability, coordination and governance in the economic and Monetary Union are a system of multiple fiscal rules to note that all of the respective financial management to the implementation of the requirements of article 13 B-VG, European Union law and the Treaty.
(2) this system includes
a) a rule over the allowed budget balance after ESA (Maastricht balance) b) a rule over the allowed structural balance (debt brake) c) a rule about each allowable expenditure growth (output brake) d) a rule on the return of the respective public debt after ESA (debt ratio adjustment) e) a rule on liability ceiling f) rules to improve coordination of between federal, State and local financial management , to the medium-term budget planning, mutual information, and to increase the transparency of financial management g) rules relating to sanctions and the sanctions for deviations from the agreed rules.
(1) the Federal Government and the States commit themselves not to be less than the following values for the budget balance (in % of nominal gross domestic product - GDP) in the years 2012 to 2016 after ESA (Maastricht balance):
(2) the balance to unterschreitende after ESA (Maastricht balance) is located in each country:
(3) the communities undertake in the years 2012 to 2016 country after ESA (Maastricht balance) to achieve a budget balance.
(4) in the years from 2017, the sum of the shares of the public sectors in the General Government balance of Maastricht should the State border according to the Protocol (No 12) on the excessive deficit procedure (OJ of the European Union of 16.12.2004, C 310/337) does not fall below, the respective Maastricht balance is, where appropriate, to improve the ratio of deficit shares.
(5) below the allowed Maastricht balance up to a maximum of €75 million to the Federal Government and a maximum of €45 million to countries together, as well as by municipalities in 2012 by €300 million in 2013 of €150 million, in the year 2014 by €100 million and in 2015 by €50 million and in 2016 from 0 million € together are allowed , but only as far as this maximum amount not already for the previous year has been exhausted. The amount of the shortfall is to compensate in the following year. The value for the individual countries results according to the number of people in accordance with § 9 par. 9 2008 FAG. For the communities (country wise) is the proportion of the potential shortfall:
Communities of the countries
Share in %
Structural balance (debt brake)
(1) the Federal, State and local budgets are basically to offset in accordance with the law of the European Union and under this agreement over the economic cycle or have to be in excess. This principle is suited for the State, if the annual structural budget balance of in Austria does not fall below in the years from 2017 overall – 0.45% of nominal GDP.
(a) of the Covenant is complied with the principle, if the share of the Federal Government including the social security of the structural budget balance of General Government - 0.35% of nominal GDP does not fall below (rule limit of the Federal Government for the structural deficit).
(b) for countries and municipalities is complied with the principle, if the share of the countries and the communities on the structural budget balance of General Government - 0.1 is not lower than % of nominal GDP (rule limit of the countries and communities for the structural deficit).
(2) Federal, State and municipal (country wise) ensure a rapid approach to this objective referred to in article 3 in the years 2012 to 2016.
(a) it is true that the balance for permissible pursuant to article 3 according to ESA (Maastricht balance) is adjusted for cyclical influences and one-off measures. The result is the allowed for the respective year lower bound for the structural budget balance in the years 2012 to 2016. No further obligations, without prejudice to lit arise as a result. (b).
(b) in accordance with the Treaty on stability, coordination and governance in the economic and Monetary Union, the European Commission proposes the General Government budget to the time frame for the approach to a balanced or in surplus. This proposal provides a faster approach to the rule limit for the structural deficit, as in accordance with the resulting agreement, resulting after the European Commission's proposal, the proportion of the structural budget balance is bindingly agreed upon. Any resulting additional consolidation commitments are spread on the authorities in the ratio of the respective shares of the deficit in the years 2012-2016 under this agreement.
(3) discretionary are deviations from the respective proportions of the structural budget balance except for paragraph 4 - only for improving budget allowed.
(4) in the case of natural disasters or exceptional emergency situations which are beyond the control of the State and significantly affect the State financial situation, the limits allowed in accordance with paragraph 1 or article 7 can according to information of the Coordination Committee for the Federal decision of the National Council for the countries and towns with decision of the respective Parliament are below. The relevant decision of the National Council or Parliament is to connect anyway, with a repatriation plan. The repatriation has under its law of European Union of reasonable time must be within one.
Calculation of the structural or the Maastricht balance
(1) the method applied by the Commission is used for the calculation and the determination of annual general government structural balance. The respective balances are for the determination of the respective structural budget balances of the Federal Government, the countries and the communities (country wise) in the episode after ESA (Maastricht balances) to the respective proportionate economic effect and any one-off measures to clean up.
(2) which has (the) Federal Minister of finance, taking into consideration the relevant Union regulations and the regulation according to BHG 2013, § 2 para 4 Z 3, together with countries and communities guidelines for further definition and calculation of the structural budget balance of in Austria to create. Changes to the policy are to decide by the Austrian Coordination Committee. The method is controlled is for the required calculations in connection with the structural budget balances of the Federal Government, the countries and the communities (country wise) to be used. (The) Minister for finance has each obliged to notify their deficit values and their calculation of the countries and communities.
(3) the proportionate economic effect is from the General Government economic effect according to the agreed proportions of the lower limit of the still allowed structural balance of General Government (- 0.45% of nominal GDP;) Article 4 paragraph 1, lit. a and b, article 6 and article 8 paragraph 5) determined.
(4) in determining the structural budget balance and the balance after ESA (Maastricht balance) are all to include those entities, which are attributable to the State in accordance with ESA in the sense of Union regulations in addition to the public budgets.
(5) the calculation of the structural budget balance and the balance after ESA (Maastricht balance) is nominal GDP according to the following calculation basics to consider:
1 the nominal GDP calculated by an independent scientific institution is the decisions of competent organs of federal, State and municipalities about the designs for the medium-term budget planning and the respective budgets to consider. This discovery is commissioned by the Federal Ministry of finance and free of charge provided the States and municipalities.
2. are the calculation of the actually realized structural budget balance Statistics Austria by the German Federal statistics determined nominal GDP and that of the Federal to use Austria of determined respective balances according to ESA (Maastricht balances).
Shares of the countries and communities in the structural deficit
(1) the proportion of countries in the structural deficit is - 0.1% of nominal GDP, and FAG is distributed in the years from 2017 according to the number of people in accordance with § 9 par. 9 2008.
(2) in order to give the municipalities planning security, countries will give country bilaterally the possibility of communities, attributable to the country share in the structural deficit to take advantage of a 20 percent share in the sense of the mechanism of the stability and Growth Pact.
Management of control accounts
(1) Federal, State and municipal (country wise) have to do a control account relating to the structural budget balance starting in 2017. For communities (country wise) the care of management is carried out through the country.
(2) all differences of the actual proportion of the structural budget balance of General Government to the agreed proportion of the structural budget balance of General Government are to set as charges or credits to the respective control account and to balance over the years.
(3) deviations of the actual structural balance in the Federal Government by the rule limit for the structural deficit is collected in a control account of the Federal Government and netted annually. Once on the control account, a netted total exposure is less than the threshold value of - 1.25% of nominal GDP, this stems from the Federal konjunkturgerecht on a value via the federal rule limit for the structural deficit.
(4) deviations of the actual structural budget balance of the countries and communities are from their respective share of the control border for the structural deficit of countries and communities to capture a control account per country and country for the communities. Once on all control accounts of countries and communities as a whole, a netted total exposure falls below the threshold value of 0,367% of nominal GDP, the individual control account amounts can be attributed konjunkturgerecht to a value higher than the respective proportion of the rule limit of the countries and communities.
(5) Federal, State and communities strive for a budget that is balanced or in surplus. A negative balance of the respective control account of the Confederation, a country falls below or by municipalities country the respective share of the control border for the structural deficit is below even without unnecessary delay in the subsequent years back track, if threshold value (para. 3 and 4) was not satisfied. A sanction procedure does not take place.
(6) konjunkturgerecht means that the return must be made only if a positive change in the output gap in the fiscal year concerned. A production gap exists when an under - or overutilization of macroeconomic production capacities is expected. For the detailed regulation of the output gap, the guidelines referred to in article 5 are instrumental para 2.
(7) which has (the) Federal Minister of finance, taking into consideration on the regulation in accordance with BHG 2013, § 2 para 4 No. 3, for purposes of the Austrian stability pact 2012 together with countries and communities guidelines for the management of control accounts to create. Changes to the policy are to decide by the Austrian Coordination Committee.
Control accounts shares of federal, State and municipal
(1) If a total load of the control account the threshold of - 1.25% of nominal GDP in the Federal Government and by 0,367% of nominal GDP in countries and communities, so a sanction will be imposed on the responsible authorities.
(2) the Federal Government is responsible when the netted total load of the control account of the Federal Government has fallen below the amount of - 1.25% of nominal GDP. Countries and communities (country wise) are responsible in proportion to their respective share of the control border for the structural deficit of the countries and communities when the netted total load control accounts has exceeded the amount of 0,367% of nominal GDP.
(3) the amount of 0,367% of the nominal GDP is distributed to 0.25% of nominal GDP on the countries and 0.117% of nominal GDP on the communities.
(4) the share of each country on the 0.25% nominal GDP arises according to the shares in the amount of the limit of rule for the structural deficit.
(5) the shares of municipalities to 0.117% of nominal GDP country wise amount:
Share of 0.117% of nominal GDP
Permissible growth (output brake)
The respective growth of in spending by federal, State, and local country (including outsourced sector entities State according to ESA95) has to be in accordance with the provisions of Regulation (EC) No. of 1466/97 idF VO 1175/11 of the Council on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies.
Reduce of public debt (debt ratio adjustment)
(1) Federal, State and municipal, will reduce the general government debt ratio below the reference value of 60% of nominal GDP and including leave (Regulation (EC) No 1467/97 amended regulation 1177/2011 on speeding up and clarifying the excessive deficit procedure).
(2) as long as the public debt exceeds the reference value of 60% of nominal GDP, federal, State and municipal will reduce country annually their debt in accordance with the following provisions:
Pan-governmentally is average to reduce one-twentieth of the debt over 60% of nominal GDP over the last three years.
(b) the percentage of federal, the Länder and the municipalities (country) to this reduction stems from the ratio of its debt levels according to ESA to each other on 31 December 2011.
(c) previously unrecorded debts collected in the public debt according to ESA, the commitment of the concerned authority increased (Federal, land, country municipalities) according to.
(3) subsequent increases of in debt over the permissible according to the method referred to in paragraph 2 share of 60% of nominal GDP are not allowed.
(4) changes in debt against this agreement cause the obligation to produce the intended agreement debt during the following year. In addition, a penalty will be imposed on the basis of the opinion of the Court of Auditors (article 18) against the responsible authorities.
(5) the EU legal transitional period, whereby the first assessment of reduce of public debt three years after the end of the procedure because of an excessive deficit provided that the budgetary requirements are complied with, also applies to the application of article 10.
(6) where there are no financial transactions reviewed by the EU as a debt level erhoehend ESA95, the request of the debt criterion is considered fulfilled if the consolidation efforts have progressed sufficiently and in particular meet the requirements as regards the Maastricht outcome in accordance with article 3 and the structural result ("debt brake") in accordance with article 4.
(7) the request of the debt criterion is also satisfied if the budget estimate of the Commission indicates that the required reducing of the distance occurs in the period of three years, including the two years following the most recent year for which data are available.
Europe-legal exceptions to the fiscal rules
Temporary derogations granted by the competent bodies of the European Union by the European legal basis for the agreement the values of the respective fiscal rules for those change analog Gebietskörperschaft(en) in whose area of responsibility the cause (structural reforms, pension reform, exceptional event that is beyond the control of the relevant Member State and has a significant impact on the State of public finances, or a severe economic downturn in the euro area or in the Union as a whole) is for the exception.
Budgetary decisions by States and municipalities
(1) the budgetary decisions of the countries and the communities are in legally binding form and publicly published. Federal, State and municipal have including all supplements timely on the decision-making process in a form on the Internet available to make their respective accounting estimates and accounts, which allows a continued use (eg download, no images or PDF).
(2) the fiscal regulations of the countries and communities are the principles of transparency, 1948 to ensure efficiency and the broad comparability of household data of countries or communities within the meaning of section 16 of the Constitution Act, financial.
(3) the countries and communities have to adopt a multi-year financial plan with set liability limits in legally binding form anyway, and to inform the Austrian Coordination Committee in the form of annex 2 (article 15).
(4) in the framework of the annual budgetary processes are all after ESA institutions and funds which are not covered in the regular budget, for the financial management and coordination of importance are together with other relevant information, to identify, to represent and publish in the sense of paragraph 1.
Limitation of liability
(1) Federal Government and the States (for municipalities) restrict their liabilities. At the federal level are bundesgesetzlich and for countries and municipalities legally binding liability limit for the respective provincial and regulated for the respective community over a medium-term period be set by countries in advance.
(2) the nature of the liability is, regardless of the designation of the legal relationship, such as guarantee, guarantee, letter of comfort, etc., that the liability shall upon entry standard liability can be used for the performance.
(3) the liability ceiling be set by federal and Länder (countries for municipalities), that they contribute in this area of financial management to ensure the macroeconomic balance and sustainable child households. You will refer to the areas of responsibility of the authorities under this agreement (ESA).
(4) the scheme of section 1 will contain also the procedure for assumption of liability, in any case, to be specified conditions and information obligations towards the General representative body and rules that assign are liabilities in the accounts of both liability framework and exploitation level.
(5) for guarantees, where a settlement is assumed at least by overwhelming probability, risk provisions are to make. An overwhelming probability of occurrence is individually to assess the risk provision is made for individual liability to hand of this individual liability risk assessment for each assumed liability.
(6) without prejudice to paragraph 5, it can be provided that similar liabilities with respect to risk prevention education be combined into groups of comparable risk. For risk groups is to assume a greater probability of occurrence if the authority in the past has been frequently and over a longer period of time to complete. Risk provisions for risk groups is calculated on the basis of the experience of at least five financial years.
(7) other contingent liabilities in the fiscal framework directive (RL 2011/85/EU) are accordingly reported federal and State (Länder also for municipalities).
(1) for the effective implementation of these obligations, their financial management coordinate federal, State and municipal. To set up political coordination committee. Decisions in these bodies be made by mutual agreement.
(a) for the budgetary coordination between federal, State and local (municipal and Association of cities), an Austrian co-ordination Committee whose representatives formed at the Federal Ministry of finance.
(b) for the coordination of the budget, countries coordinating committees are made in the individual countries (with the exception of Vienna) in the relationship between State and municipalities in which the representatives of the country, the respective national associations of the Austrian Association of municipalities and the Austrian Association of cities are represented.
(c) the Coordinating Committee are to convene (the) Federal Minister of finance or by the respective country on request of a Contracting Party by the. The Austrian Coordination Committee has to meet at least once a year. Further provisions on the organisation and management of the Coordination Committee must be rules in rules of procedure.
(2) in particular, the coordination, mutual information and decision-making relating to the agreed fiscal rules are subject to the budgetary coordination in the Austrian Coordination Committee. These include in particular
(a) the Advisory and decision-making regarding the agreed system of multiple fiscal rules;
(b) the advice and information on the development of households, the public deficit and public debt, in particular through comparisons 1 the budgetary developments and the budgetary results 2 the development of the structural budget balance and the control accounts and the balances after ESA (Maastricht balances), 3. the repatriation of any transgressions of the respective shares of the rule limit for the structural deficit, 4. any transgressions during natural disasters and exceptional emergency situations and their repatriation , 5. the levels of debt and the debt level development, 6 of expenditure and the expenditure, 7 the liability levels and the development of liability levels of federal, the Länder and the municipalities, as well as 8 comparisons of the macroeconomic forecast and budget forecasts with the latest forecasts and reasons of deviations;
(c) the annual acquisition and representation of the personal data of the Federal Government, the countries and country way of municipalities. The form is 1 and the Austrian Coordination Committee each Annex to use up each 31 August of the year to submit; Municipality data are reported together through the land;
(d) the medium-term orientation of financial management, in particular through mutual information and advice; the creation and mutual transmission of a sensitivity analysis;
(e) the recommendation against-controlling measures, if a deviation from the agreed fiscal rules;
(f) the adoption of measures aimed at the implementation of requirements set by the institutions of the European Union to the implementation of economic and Monetary Union.
(3) subject to the budgetary coordination in the Coordination Committee of the countries you are lit in para 2. a setting, if by municipalities the obligations contained in this agreement are violated f mentioned tasks, further sanctions. The Federal Ministry of finance is to put within four weeks on the deliberations and decisions of countries Coordinating Committee in an appropriate form in knowledge.
(4) enter developments which significantly deviate from the original budget, especially for elimination of the tax proceeds on the basis of the ruling of a high court or statutory changes (tax reforms), in a much worse economic development, an other exceptional event that is beyond the control of the relevant local authority and significant impact on their financial situation or changes the ESA interpretation by Eurostat as well as an EU recommendation on the faster correction of fiscal , Federal have to conduct negotiations on the reduction or increase of the respective fiscal rule States and municipalities.
(5) the task of the Austrian co-ordination Committee in the framework of budgetary coordination is the consensual modification of reporting dates if necessary.
Medium-term orientation of financial management
(1) Federal, State and municipalities have to ensure the medium-term orientation of financial management in accordance with the obligations under this agreement and to define a credible, effective medium-term budgetary framework according to the regulations of the Union. Federal, State and municipal have about the Austrian Coordination Committee to each 31 August to report, the communities in the way of the country Coordination Committee. The explanation of budget planning submit the Federal, the State and the communities of this country in the way of countries data or rough plans pursuant to annex 2. Federal and State Governments be - unless already done - the commitment to the medium-term orientation of financial management for their area of competence, that legally binding set countries therefore also for the communities.
(2) Federal, State and municipal will document the link between the estimate and the ESA95 each man-made area by means of a simple table of reconciliation in preparing their annual estimates. You have to comply with the agreed fiscal rules in the decisions on the annual budget estimates. Deviations from the defined medium-term planning are to explain.
(3) she (the) Minister of Finance released the draft of the Federal Finance Act and the budgetary main parameter of the countries and communities in accordance with the regulation of the European Parliament and of the Council on common rules for the monitoring and evaluation of statements about the General Government budget planning and ensuring the correction of excessive deficits of the Member States until 15 October of each year.
Austrian stability programme
(1) she (the) Minister of finance establishes the draft of the Austrian stability programme, taking into consideration the results of budgetary coordination and presents it to the Federal Government for decision. (The) Minister for finances has then to bring the Austrian stability programme to the National Council, as well as to provide the competent bodies of the European Union. In April a year the Austrian is coordinating Committee to meet and mutually exchange required and available data for the preparation of the Austrian stability programme.
(2) the Federal Government is responsible, who demanded in accordance with the Community rules on budgetary discipline of Austria reports to submit opinions and reports.
(3) of the Austrian stability programme, no, enough about the contents of this agreement obligations can arise for countries and communities.
(1) in order to support the execution of this agreement, a sanctioned information system is agreed. In addition, the agreed budgetary coordination is used for mutual information about matters of financial management.
(2) the sanctioned information system includes the obligations
(a) in connection with the reporting of the medium-term orientation of financial management and the representation of the personal data b) according to the management statistics regulation (BGBl. II No. 361/2002 as amended by Federal Law Gazette II No. 465/2004) and c) according to the implementation of - Regulation (EC) No. 2223/1996 to the European system of national and regional accounts in the Community (ESA) accounts , - Regulation (EC) No. 264/2000 on the implementation of Regulation (EC) No. 2223/96 with respect to short-term public delivery financial statistics, - Regulation (EC) No 475/2000 and Regulation (EC) No. 351/2002 amending Regulation (EC) No 3605/93 on the application of the Treaty establishing the European Community of annexed Protocol on the procedure for a EDP, - Regulation (EU) No. 679/2010 of amending Regulation (EC) No. 479/2009 in terms of the quality the statistical data in the context of the excessive deficit procedure required statistics on the management in the public sector, d) in connection with the reporting by the Treaty on stability, coordination and control, 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 budgetary surveillance in the euro area;) Regulation (EU) No. 1174/2011 of the European Parliament and of the Council of 16 November 2011 on enforcement actions to correct of excessive macroeconomic imbalances in the euro area; Regulation (EU) No 1175/2011 of the European Parliament and of the Council of 16 November 2011 for amending Regulation (EC) No 1466/97 of the Council on the strengthening 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 about the prevention and correction of macroeconomic imbalances; Regulation (EU) No 1177/2011 of Council by November 8, 2011 for amending Regulation (EC) No 1467/97 on speeding up and clarifying the excessive deficit procedure; Policy 2011/85/EC of the Council of November 8, 2011 on the requirements for the budgetary framework of the Member States) and the regulation of the European Parliament and of the Council on common rules for the monitoring and evaluation of statements about the General Government budget planning and ensuring the correction of excessive deficits of the Member States;
(e) to report newly created institutional units (ESA) at the Federal statistics for Austria and the Austrian Coordination Committee within two months. Parent companies, which are attributable to state the sector are excluded from the reporting obligation. In any case to report, however, created institutional units (ESA) are new of hospital companies. Statistics Austria checks - also on federal units - whether the concerned unit attributable to state the sector and to take into account for the calculation of the obligations under this agreement. The result of the test is to inform all partners of the agreement and the Court of Auditors.
(3) information and reports are in principle to submit in electronic form.
(4) the Federal Agency Statistics Austria has to communicate violations of the information system the conciliation Panel, until the issue of rules of procedure of the arbitration panel in the way of the Federal Ministry of finance, or the land Coordination Committee. Required information must be determined for the time being by estimating. These data are to apply any proceeding. Information arrive late, are estimates - where possible - by the late information to replace.
(5) in the case of culpable breach of information obligations by the federal or the countries, a contribution of the concerned authority in the amount of 10 cents is multiplied with the number of inhabitants of the local authority, but no more than to provide €100 000. The respective arbitration panel will decide whether there is a culpable violation of. The recover of these amounts is FAG at the next advance in accordance with § 12 of 2008. The Federal Government is to proceed accordingly.
(6) in the case of violation of information obligations by municipalities, the country Coordination Committee has adequate measures.
(7) contributions due to violation of obligation to provide of information flow statistics Austria to cover part of the additional costs caused by this agreement to the Federal Agency.
Determination of the financial results
(1) the budget balances according to ESA (Maastricht balances), the structural budget balances on the basis of household income according to ESA, output growth, the debt levels, the liability levels and any other contingent liabilities are determined by the Federal Agency Statistics Austria.
(2) which federal agency is Statistics Austria with the Contracting Parties as regards the municipality results at the country level with the supervision of the municipality each until mid-July one year contact to clarify Statistics Austria after formal and substantive examination of the incoming data by the Federal Agency jointly until then present open-ended questions.
(3) the parties or the community supervision of each country can give an opinion to the questions referred to in paragraph 2. Different views on the issues, between the Contracting Parties or community supervision, and the Federal Statistics Austria these are together to clarify.
(4) the Federal Agency Statistics Austria refund in late September a year one report on the Austrian Coordination Committee and the Court of Auditors.
(5) should be up to the time of such notification not possible a consensus vote, the Federal Agency has decidedly questions Statistics Austria to lead with the arguments of the parties or the community supervision in the report in accordance with paragraph 4 and to justify why it is contrary view.
(6) should the Federal new ESA rules or new rules of interpretation to the ESA Statistics Austria have applied, that influence the outcome, this at least is to lead in the report.
(7) this report has to contain, whether there is a sanction-relevant facts Statistics Austria the finding also from the point of view of the Federal Agency. Should the sanction-relevant facts by new ESA rules or new rules of interpretation to the ESA caused this, is to lead.
(8) Austria arises from the report of the statistics, that exists due to the violation of terms of this agreement a sanction-relevant facts, the Court of Auditors issued an opinion about it.
(9) in accordance with the legal basis for the particular activity the Federal Statistics Austria provides the Court the necessary documentation and calculation basis available and is available in all necessary data, documents, contracts, etc., the Court of Auditors for the delivering of the opinion of authorities a right of inspection and to law makers in their influence.
(10) subsequent changes of already established earlier financial results according to ESA by changes to the ESA or its interpretation lead to any sanction-relevant facts after reimbursement of the report of the end of September.
(11) the rules for the interpretation of the ESA are stated for the determination of financial results in accordance with ESA (Maastricht deficit), the structural budget balances, output growth and debt levels. Financial results of the Chambers are not attributable to the authorities. Statistics Austria are determining the actual economic effect of the previous financial year by the Federal Agency measured gross domestic product and the estimate of potential gross domestic product of the European Commission for the previous financial year to apply. Although the values obtained from an independent scientific institution can be used if they are current to the value determined by the European Commission and the application of the method of calculation used by the Commission is ensured. The Federal Ministry of Finance has the Federal Agency to announce Statistics Austria to use when determining the budget sensitivity values. The respective figures are nominal values and assign ratio as a percentage of nominal GDP. The rate on the previous year to refer is output brake (article 9).
(12) the necessary agreements with the Federal statistics for Austria are to complete by the Federal Ministry of finance.
(1) to secure the stability obligations of this agreement, a sanction mechanism is established.
(2) the Court of Auditors is in delivering the opinion pursuant to article 18 accordingly after the article 127 paragraph 5 B-VG procedure before. For the municipalities, representatives of the Austrian League of towns and the Austrian Association of municipalities to express of an opinion are entitled. Assessment of the sanction-relevant facts be expenditure/payments
(a) for measures to stabilize the international financial market, with which decisions of international institutions or institutions implemented, insb. Measures in accordance with the balance of payments Stabilization Act (ZaBiStaG), as well as b) ESP. for actions federal, the Länder and the municipalities to the stability of the Austrian financial market. Measures referred to in the interbank market support Act (IBSG) and the financial market stability Act (FinStaG), (c) assessment of the sanction-relevant issues are not considered after reporting by Statistics Austria retroactive changes of potential growth or subsequent modifications to the ESA or ESA new interpretation rules.
(3) is determined by the Court of Auditors, that a sanction-relevant facts of the case, is to deal with a dispute resolution Panel to convene immediately.
(4) the arbitration panel consists of two of (the) Federal Minister for finance, two members nominated by the countries and one member nominated by the Austrian Association of municipalities and the Austrian Association of cities. A member is nominated for the countries through the presidencies of the country main people Conference and by the subsequent Presidency. The respective successor as legitimate nomination occurs when prevention in accordance with paragraph 6.
(5) representatives of the concerned country (country municipalities) can not nominate or be nominated as members of the arbitration panel. The arbitration panel will be convened as the Austrian Coordination Panel.
(6) the arbitration panel is resolutionable, if it is duly convened and at least five members are present. If this quorum is not reached, so it is convened once again to same agenda after a period of at least 14 days. In this case, the requisite quorum number of presence on two members will be reduced.
(7) the Arbitration Panel has the report of the Federal Statistics Austria pursuant to article 18 paragraph 4 and the opinion of the Court of Auditors in accordance with article 18 paragraph 8 those Contracting Parties which have applied a sanction-relevant facts, known to give and to urge, to announce measures again resolves the sanction-relevant facts within two months, and to implement them promptly.
(8) the proposed measures from the perspective of the arbitration panel are sufficient, are those parties which have set a sanction-relevant facts of the case, to request, to implement the plan, and to report thereon.
(9) in a EU procedures shorter deadlines provided Austria, as they laid this agreement basis, the required production of budgetary discipline by all parties of the agreement within this shorter time limits is to implement.
(10) those parties who have a sanction-relevant facts, submit a corresponding action plan or they do not meet the proposed plan of Action contribution of a sanction can be imposed by the arbitration panel agreed. Representatives from the concerned authority level have only a consultative vote.
(11) are the Contracting Parties to contribute sanction had the view that exists no facts which justify a sanction under this agreement, it may request that an arbitration will decide this question. The Court of arbitration is within the meaning of the Federal Constitutional law on appropriations of the Austrian Association of municipalities and the Austrian cities (BGBl. No. 61/1998) set up by the Contracting Parties.
Transfer of surplus
(1) the municipalities of liberty federal, State, and country, to transfer financial results with each other, as far as the respective fiscal rule is exceeded by written agreement. Such agreements must be considered by the Court of Auditors in preparing reports. Multiple credits do not take place, in particular no settings on the control account held for such mathematically transferred budgetary outcomes. The Austrian Coordination Committee is to communicate.
(2) no penalty is applied, as far as agreement adverse deviations are covered by fiscal rules by overachieving other countries and communities, provided about it in the sense of paragraph 1 was does not and it has not been determined country proportionally to the allocation of the control account of the country concerned or of the concerned communities. Such a calculated coverage takes place only for the year in question. Multiple credits do not take place, in particular no settings on the control account held for such mathematically transferred budgetary outcomes. Surpluses of communities (country wise) used (country wise) to the calculated coverage by undershooting of the communities. Surpluses of countries be used to calculated cover of undershooting of the countries. Remaining surpluses be used to calculated cover of undershooting of all countries and communities. The calculated cover of undershooting of the countries and communities depends on relation of sharing the community federal taxes in the affected year.
(3) no sanction contribution is to provide, as far as the relevant provisions laid down in article 23 to be applied.
(4) also, no sanction contribution is payable if in compliance with the Maastricht balance and the structural balance, allowed growth of expenditure in accordance with article 9 on the basis of public investment after ESA is exceeded, if the necessary financial resources covered by reserves or been adjusted by credits in accordance with article 7 paragraph 2 on the control account.
(1) the sanction fee for breach of the respective share of the balance of Maastricht, on the structural deficit, the debt ratio adjustment or the output brake is 15% of the excess.
(2) in the case of cumulative injury of several fiscal rules, the sanction is to make only once. It is calculated by numerically the highest injury.
(3) as far as financial sanctions pursuant to article 24 are to wear, a sanction contribution is omitted pursuant to article 21.
(1) a sanction contribution is without unnecessary delay, as far as possible from February of the second following year, to bring FAG 2008 in six monthly installments will be deducted by the Federal Ministry of finance performance of advances on the income shares in the community federal fees in accordance with §12 and to apply usefully to a special account in the name and on behalf of the affected countries and communities. The Federal Government is to proceed accordingly.
(2) in the following year of a breach of terms of this agreement the deviation compensated by the concerned authority and is no more a violation of provisions of this agreement, that is to dissolve the special account and the sanction contribution together with transfer rates of the relevant local authority.
(3) is in the following year of a breach of terms of this agreement once again a violation committed by terms of this agreement, a sanction contribution with interest for the benefit of those authorities which have fulfilled the agreement in this year will be forfeited.
(4) the distribution of a sanction fee is a third on federal, State and municipal. Who has to make a sanction contribution, is not included in the distribution. The distribution according to FAG on countries and communities the ratio of community federal taxes after the last shall in accordance with § 12 2008 after deduction of the advance copies.
(5) the obligation for any renewed a penalty fee is not affected by the distribution.
(1) the proceeds from an exclusive levy is reduced by a ruling of a high court or it comes as a consequence of such judgment to the repayment (credit) tax income dividends to, the Federal Government through appropriate proposals of the authorities concerned creates legal frameworks for exclusive duties of the authorities concerned that nationwide to create a far as possible replacement.
(2) until the entry into force of such a scheme the proportion of the affected fiscal rules from the reimbursement of proposals increases the authorities concerned according to.
Pay financial penalties
(1) Federal, State and municipalities have the expense from the imposition of any financial sanctions, which are imposed in accordance with the legislative acts of the European Union to comply with the budgetary discipline or the Treaty on stability, coordination and governance in the economic and Monetary Union, to wear in relation of causation.
(2) these amounts are brought in at the time following advances in accordance with § 12 2008 FAG. The Federal Government is to proceed accordingly.
(1) resolutions and reports on the basis of this agreement are to make available the agreement parties and the general public through publication on the homepage of the Federal Ministry of Finance of the Federal Ministry of finance. The reports of the Federal Agency are Statistics Austria, the decisions of the Coordinating Committee (National Coordinating Committee and Austrian Coordination Committee), the decisions of the Arbitration Panel, data provision provided for in annexes 1 and 2 as well as the reconciliation table, relevant information about the contingent liabilities, after referral to the arbitration panel opinion of the Court of Auditors and any opinion of the concerned authority in complete form, the annual stability programme and recommendations of the Council , the regulations adopted in implementation of this agreement.
(2) Federal, State and municipalities will ensure the transparency of their estimates and accounts by adding a simple reconciliation table between the administrative result and the result of the ESA. Starting point is the cross section of the invoice in countries and communities, supplemented by the ESA results of outsourced public sector institutional units which are under this agreement of the respective local authority.
This agreement is issued in a single original. The original copy is deposited with the Chancellor's Office. This shall transmit certified true copies of the agreement all parties.
Entry into force
(1) this agreement is with in force on January 1, 2012, as soon as
1. the requirements for the entry into force according to the constitutions of the country are met and the messages of the countries are at the Federal Chancellery, and 2. the requirements for the entry into force according to the Federal Constitution are met.
The reporting obligations laid down in articles 14 and 15 are to perceive with the date following each entry into force.
(2) this agreement not until December 31, 2012, referred to in paragraph 1 enter into force and until then at least the Federal Government and at least one country or at least the communities represented by the Austrian Federation of municipalities and the Austrian Association of cities which meet conditions required for an entry into force of the agreement for those parties effective retroactively with January 1, 2012. Accessions of other designated parties with retroactive effect are possible on the 1st January of the current year.
(3) the provisions of this agreement are subject to the effect of each implemented European law or international obligation, taking into account existing transitional arrangements apply. § 2 para 4 through 7 of the 2013 federal budget law amended. Federal Law Gazette I no. is 150/2011 to apply mutatis mutandis in accordance with the provisions of this agreement in the years 2012 to 2016.
(4) the Federal Chancellor's Office will share according to paragraph 1 or paragraph 2 the countries and communities with the fulfilment of the conditions.
Period of validity
(1) this Agreement indefinitely.
(2) the legal consequences provided for the case of violation of terms of this agreement are valid even after a termination of this agreement.
(3) for the duration of this agreement is the effectiveness of the agreement between the Federal, the State and municipalities concerning the coordination of the financial management of federal, State and local - stability pact, Federal Law Gazette I no. 101/1999, exposed.
(4) the validity of the agreement between the Federal Government and I no 35/1999, will countries and the communities on a consultation mechanism and a future stability pact of authorities, federal law by concluding, nor by a termination of this agreement without prejudice.
(5) the agreement partners undertake to open negotiations about adapting this agreement to revised EU legislation in time, with the aim of a timely entry into force of the amended agreement and any complementary federal and national regulations.
(6) this agreement will override
1. once the agreement between the Federal Government, the countries and the communities on a consultation mechanism and a future stability pact of authorities, BGBI. I no 35/1999, due to a termination by the Federal override occurs;
If the FAG or health financing (art. 15a B-VG agreement) or the 24-hour care (art. 15a B-VG agreement) without succession solution accepted by countries and communities of care financing (Fund code) expires or is changed to the financial detriment of the countries or communities without their acceptance.
Acceptance in the sense of no. 2 does not exist, if an agreement partner in one of the consultation mechanism analog procedures opposition rises. To avoid leaking of the FAG the Federal in the FAG will establish 2008 a revenue sharing temporaries, according to which the FAG 2008 temporarily further applied in late production of acceptance up to such a solution.
Expiry of EAP 2011
The Austrian stability pact in 2011 is for the parties to this agreement with the entry into force of the EAP 2012 each retroactively force on January 1, 2012.
The agreement enters into force in accordance with article 27 paragraph 2 1 January 2012 for the States of Burgenland, Carinthia, lower Austria, Upper Austria, Styria, Tyrol, Vorarlberg and Vienna, the State and the municipalities.
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