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

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_26/BGBLA_2013_II_26.html

26 regulation of the Federal Minister for finance on the conclusion of insurance contracts by the Federal Administration in accordance with article 70, paragraph 5 BHG 2013

On the basis of § 70 5 of federal budget 2013 (BHG 2013), Federal Law Gazette I No 139/2009, as last amended by Federal Law Gazette I no. 62/2012, is prescribed:

1 section

General information

1. (1) this regulation lays down the conclusion of insurance contracts by the institutions of the Federal Government.

(2) the principle of non-insurance for federal assets.

Exceptions to the principle of the non-insurance

§ 2 (1) insurance contract for federal assets may be completed 2013 BHG in accordance with article 70, paragraph 2, if 1 the insurance is arranged by law, 2. the insurance premium can be passed, a particularly valuable part of federal assets temporarily appears at risk 3 in its stock or 4 by insurance the objectives referred to in article 2, paragraph 1 2013 be met BHG than at non-insurance.

(2) especially valuable is a part of federal assets, if this a special sentimental value represents and can not be recovered although can be recovered but his mean value in accordance with section 10 of the assessment Act, 1955 (valuation law. 1955), Federal Law Gazette I no. 148, one million euros higher than.

(3) the objectives of BHG 2013 are according to § 2 para 1 especially when filled to a greater extent, if an insurance contract to the clear, overwhelming economic advantage of the Federal Government in a particular case or special circumstances make appear the contract offered.

2. section

Special arrangements

Insurance of property of the Federal Government

§ 3 (1) is Z 5 of the tenancy Act (MRG) for real estate, building and Superädifikate owned by the Federal Government in particular insurance over the statutory liability insurance within the meaning of § 21 para 1, BGBl. No. 520/1981 idF BGBl I no. 218/2011, to complete and with the exception of undeveloped real estate fire insurance within the meaning of § 21 para 1 Z 4 MRG, if due to contractual , legal or governmental regulations can be passed more than half of the premiums on a physical or legal person standing outside the Federal Administration. Furthermore, can an insurance against water damage, including corrosion, as well as pursuant to § 21 para 1 in the above mentioned cases Z 6 MRG provided insurance be taken out. Is the entire property or an entire building or Superädifikat by a single user or a single user is exclusively used, so an insurance obligation on this user or that user can be passed, which is to make sure that the demands of the Covenant are covered by this insurance. The insurance obligation is void, unless you already have appropriate insurance.

(2) in those cases in which property, buildings and thirdparty owned Federal half or less than half of the insurance premium can be passed, the Federal Minister of finance or the Minister decides for finance on proposal of the competent financial executive organ (§ 6 BHG 2013) concerning the conclusion of an insurance.

By analogy with application of article 17 (3) which has split pay the insurance premium - the absence of any conflicting legal or contractual provisions - to MRG and is according to the land, to set the utility values or causing.

(4) real estate, building and Superädifikate are used in the property of the Federal Government by one or more countries to more than 50 percent, apply with respect to the insurance agreements between the Federal Government and the country or countries on the conservation and management.

Insurance of motor vehicles of the Federal

4. (1) motor vehicle Federal is in accordance with section 59 of the force driving Act 1967 (KFG 1967), Federal Law Gazette No. 1967/267 amended Federal Law Gazette I no. 50/2012, complete a motor vehicle liability insurance in the sense of § 2 para 1 No. 4.

(2) at the conclusion of Kraftfahrzeug-Haftpflichtversicherungen tariffs can be, agreed if this probably represents the economical approach for the Federal, which include the bonus-malus system.

(3) full and partial cover insurance and passenger accident insurance for motor vehicles of the Covenant must be completed only in accordance with article 2, paragraph 1.

3. section

Completion 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 contract is to agree that the relevant insurance contract, as soon as he becomes expendable, can be terminated without adverse financial consequences for the federal nature of the subject of the insurance and risk accordingly.

(3) the manufacture of understanding with the Federal Minister of finance or the Minister of Finance before conclusion of a contract of insurance is required if 1 it relating to insurance in accordance with § 2 para 1 Nos. 3 and 4, 2 by the budgetary rules, in particular through the provisions due to § 16 para 2, § 58 para 1 and 2, § 60 para 6, § 61 para 2 , Section 69, paragraph 4 and article 71, paragraph 1 No. 3 lit. b BHG 2013 of the Federal Minister of finance or by the Federal Minister of finance to be adopted (projects Regulation) in respect of annual premium costs is arranged or 3. doubt about the existence of the conditions necessary for any exceptions to the principle of non-insurance referred to in section 2 paragraph 1 exist.

(4) if not a procedure in accordance with the Federal Procurement Act 2006 (BVergG 2006), Federal Law Gazette I no., making 17/2006, insurance contract offers or non-committal price information of at least three insurance companies authorized to conduct business in Austria to obtain are one before completion. The information collected advertising and non-committal price information must be documented aktenmäßig.

Review of insurance contracts

§ 6 completed insurance contracts are periodically, at least every year to check anyway, but before a possible extension to the need and advisability of maintaining and aktenmäßig to document the relevant result. Which are insurance contracts that have become expendable to terminate at the earliest possible date.

4 section

Insurance of Federal-Foreign assets

Insurance of not Federal asset components

§ 7. The provisions of paragraphs 1 to 6 shall apply mutatis mutandis for insurance under the custody of the Federal Foreign matters.

Liability for loan to the Federal

Unverbrauchbare things 8. (1) for occasionally acquired within the framework of the Federal Administration, not owned by the Federal Government related to free use at a certain time (loans) the Federal Government pursuant to sections 978-980 is responsible of the General Civil Code (ABGB), DL No. 946/1811.

(2) in the event that the scope of liability in accordance with paragraph 1 in the specific case in question as not sufficient shall be deemed, also liabilities can be applied, which are beyond the scope of the provisions of §§ 978-980 ABGB. In the interests of legal certainty and an economically justifiable for the Federal limit of the extent of the liability, an appropriate liability clause according to the system is incompatible for such (Advanced) liabilities of the Federal Government as a borrower.

(3) prior to the Declaration of such liability, the agreement is in any case with the Federal Minister of finance or the Minister of finance to establish.

Insurance contracts in favour of third parties

§ 9. The provisions of paragraphs 1 to 6 shall apply mutatis mutandis to insurance for the benefit of third parties. Such insurance may be not completed basically, if there is already a cover or any other legal or contractual liability other legal entities for such risks.

5. section

Final provisions

§ 10. This Regulation shall enter into force 1 January 2013. The directives for the conclusion of insurance contracts by the Federal Administration in accordance with § 58 para 5 BHG, AÖF No. 148/1992 idF AÖF No. 305/1993, occur at the end of 31 December 2012 override.

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