Conclusion Of Insurance Contracts By The Federal Administration In Accordance With § 70 Para 5 Bhg 2013

Original Language Title: Abschluss von Versicherungsverträgen durch die Bundesverwaltung gemäß § 70 Abs. 5 BHG 2013

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Regulation of the Federal Minister of Finance on the conclusion of insurance contracts by the Federal Administration pursuant to Section 70 (5) of the BHG 2013

Due to § 70 (5) of the Federal Budget Act 2013 (BHG 2013), BGBl. I n ° 139/2009, as last amended by the Federal Law BGBl. I n ° 62/2012, shall be arranged:

Section 1

General

§ 1. (1) This Regulation regulates the conclusion of insurance contracts by federal institutions.

(2) The principle of non-insurance shall apply to components of federal assets.

Exceptions to the principle of non-insurance

§ 2. (1) An insurance contract relating to components of the federal assets may be concluded in accordance with Section 70 (2) of the BHG 2013 if:

1.

the conclusion of an insurance policy is laid down by law,

2.

the insurance premium can be overwhelmed,

3.

a particularly valuable part of the federal assets appears to be temporarily endangered in its stock, or

4.

by the conclusion of an insurance policy the objectives according to § 2 para. 1 BHG 2013 are fulfilled to a higher degree than in the case of non-insurance.

(2) A component of the Federal assets, if it represents a particular ideal value, is particularly valuable, cannot be recovered, or can be recovered, but its mean value according to § 10 of the valuation law 1955 (BewG. 1955), BGBl. I n ° 148, one million euros.

(3) The objectives according to § 2 (1) of the BHG 2013 are to be considered to be more fulfilled in particular if the conclusion of an insurance contract for the clear, predominant economic advantage of the federal government is carried out in individual cases or special Circumstances shall allow the conclusion of such a contract to appear.

Section 2

Special arrangements

Insurance of properties of the federal government

§ 3. (1) For real estate, buildings and superedificates owned by the Federal Government, insurance is in particular subject to statutory liability in the sense of Section 21 (1) Z 5 of the Lease Law (MRG), BGBl. No 520/1981 idF BGBl. I n ° 218/2011 and, with the exception of undeveloped properties, also a fire insurance within the meaning of section 21 (1) (4) of the MRG, if more than half of the insurance premiums due to contractual, legal or regulatory arrangements to a physical or legal person outside the federal administration. In addition, in the cases mentioned above, insurance against damage to tap water, including corrosion damage, as well as insurance provided for in accordance with § 21 (1) Z 6 MRG may be concluded. If the entire property or a whole building or superedifice is used exclusively by a single user or a single user, the insurance obligation may be passed on to that user or to that user, where: to ensure that the federal government's claims are covered by this insurance. The insurance obligation is no longer required, provided that there is already a corresponding insurance policy.

(2) In those cases where in the case of real estate, buildings and superedifices in the property of the federal government half or less than half of the insurance premium can be overwhelmed, the Federal Minister of Finance or the Federal Republic of Germany decides on the Federal Minister of Finance on the proposal of the responsible budget management body (§ 6 BHG 2013) on the conclusion of an insurance policy.

(3) The distribution of the payment of the insurance premium shall be effected in accordance with § 17 MRG, unless otherwise provided for by law or in accordance with the provisions of the contract, and shall be based on the useful areas, the useful values or the value of the insurance premium. To set the cause.

(4) If properties, buildings and superestates are owned by the Federal Government in one or more countries to more than 50 per cent, the insurance between the Federal Government and the respective country or countries shall apply with regard to insurance. on the conservation and management arrangements.

Insurance of motor vehicles of the Confederation

§ 4. (1) For motor vehicles of the Federal Republic of Germany, according to § 59 of the Kraftfahrgesetz 1967 (KFG 1967), BGBl. No. 1967/267 idF BGBl. I No 50/2012, in the sense of Section 2 (1) (4), to take out insurance against civil liability in respect of the use of motor vehicles.

(2) In the case of the conclusion of motor vehicle liability insurance, if this is likely to be the more economical procedure for the federal government, tariffs may be agreed upon which include the bonus-malus system.

(3) Full-and partial cascades as well as passenger accident insurance for motor vehicles of the Federal Republic of Germany may only be concluded in accordance with § 2 (1).

Section 3

Conclusion and review of insurance contracts

Conclusion of insurance contracts

§ 5. (1) Insurance contracts may be concluded only in accordance with the provisions of this Regulation.

(2) The duration of such a contract shall be compatible with the specific nature of the insurance item and the risk accordingly so as to ensure that the insurance contract in question, as soon as it becomes redundant, without adverse cost consequences for the federal government can be cancelled.

(3) The preparation of the agreement with the Federal Minister of Finance or the Federal Minister of Finance before the conclusion of an insurance contract is required if:

1.

it is the conclusion of an insurance pursuant to § 2 (1) Z 3 and 4,

2.

this is due to the budgetary provisions, in particular by the provisions of § 16 para. 2, § 58 (1) and (2), § 60 (6), § 61 (2), § 69 (4) and § 71 (1) Z 3 lit. b BHG 2013 is arranged by the Federal Minister of Finance or by the Federal Minister of Finance (Federal Minister for Finance) in view of the annual premium effort, or

3.

Doubts about the existence of the conditions required for any exceptions to the principle of non-insurance pursuant to § 2 (1).

(4) Unless an award procedure is carried out in accordance with the Federal Law for the Law of the Federal Republic of Germany 2006 (BVergG 2006), BGBl. I No 17/2006, shall be required to obtain offers or non-binding price information from at least three insurance undertakings authorised to operate in Austria before the conclusion of an insurance contract. The offers and non-binding price information obtained are to be documented in terms of actenance.

Review of insurance contracts

§ 6. Concluded insurance contracts shall be reviewed periodically, at least annually, but at any rate before any extension to the need and expediency of their maintenance, and the outcome of such contracts shall be subject to the action of: document. Insurance contracts which have become redundant shall be terminated at the earliest possible date.

Section 4

Insurance of foreign assets

Insurance of non-federal assets

§ 7. The provisions of § § 1 to 6 apply analogously to the conclusion of insurance for foreign objects located in the custody of the federal government.

Liability for loans to the federal government

§ 8. (1) The Federal Government shall be liable for non-remunerated items of unusable use, which are occasionally accepted within the framework of the Federal Administration and not owned by the Federal Government, for a certain period of time (loans), pursuant to Sections 978 to 980 of the General Civil Code (ABGB), JGS No. 946/1811.

(2) In the event that the scope of liability in accordance with paragraph 1 is deemed not to be sufficient in the specific case of the event, it is also possible to take over any liability that goes beyond the scope of the provisions of § § 978 to 980 ABGB. In the interest of legal certainty and a limitation of the extent of liability which is economically justifiable for the Federal Government, a corresponding liability clause for such (extended) liability of the Confederation as a deprivation of liability is, according to the Annex .

(3) Before making such a declaration of liability, the agreement shall in any case be established with the Federal Minister of Finance or the Federal Minister of Finance.

Insurance contracts for third parties

§ 9. The provisions of § § 1 to 6 shall apply mutas to the conclusion of insurance for the benefit of third parties. In principle, such insurance may not be concluded if there is already an insurance cover or other legal or contractual liability of other legal entities for such risks.

Section 5

Final provisions

§ 10. This Regulation shall enter into force 1. Jänner 2013 in force. The guidelines for the conclusion of insurance contracts by the Federal Administration in accordance with § 58 (5) BHG, AÖF No. 148/1992 idF AÖF No. 305/1993, will expire on 31 December 2012.

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