Projects Regulation

Original Language Title: Vorhabensverordnung

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22. Regulation of the Federal Minister of Finance on the preparation and implementation of projects (including pre-charges and privileges), as well as on the financial sphere of action relating to other legislative measures of Significant financial significance and the acquisition of participations (Regulation of the Pre-Habsance)

Pursuant to § 16 (2), § 58 (1) and (2), § 60 (6), § 61 (2), § 69 (4) and § 71 (1) Z 3 lit. b of the Federal Budget Act 2013 (BHG 2013), BGBl. I n ° 139/2009, as last amended by BGBl. I n ° 62/2012, shall be arranged:

Section 1

Scope

§ 1. This Regulation lays down the procedure for:

1.

the preparation and execution of projects (§ 58 BHG 2013), including the acquisition of goods (§ 69 BHG 2013),

2.

the commission of charges (§ 60 BHG 2013) and privileges (§ 61 BHG 2013),

3.

on the entry into force of other legislative measures of a fundamental nature in accordance with Section 16 (2) of the BHG 2013 and

4.

the acquisition of holdings in accordance with § 71 (1) of the BHG 2013.

Requirements

§ 2. (1) The preparation of a project in accordance with § 57 BHG 2013 and the justification of obligations or claims for the purpose of carrying out a project in accordance with § § 57 to 61 BHG 2013 is only permissible if the project

1.

is required to fulfil a task of the federal government,

2.

is assigned to a federal financial law and is intended to be

3.

the coverage of the use of funds in the applicable Federal Financial Framework Act (BFRG) as well as in the applicable Federal Finance Law (BFG) is ensured.

(2) Each project must be in accordance with the principles of financial management in accordance with § 2 of the BHG 2013. The project shall, in particular, be consistent with the principles of efficiency and effectiveness.

Coordination Obligations

§ 3. (1) The budgetary management bodies shall establish the agreement with the Federal Minister of Finance or the Federal Minister for Finance as follows:

1.

in the planning of projects of exceptional financial significance in accordance with Article 58 (2) of the BHG 2013, if the total disbursements associated with the project are subject to the limits of the amount during its term of operation, in accordance with Annex A Column 4.

2.

before carrying out a project in accordance with Article 59 (2) of the BHG 2013, if the total disbursements associated with the project are subject to the limits of the amount Annex A Column 3.

The limits of the amount shall be obtained, provided that: Annex A Column 2 is not regulated differently to the total expenditure of the project, including sales tax.

(2) The Federal Minister of Finance or the Federal Minister for Finance is authorized, in agreement with a budgetary management body, to comply with the provisions of § 58 (2) BHG 2013.

1.

more detailed rules on the way forward in the preparation of the agreement and

2.

higher amount limits

. Such bilateral agreements can be concluded at the earliest from 1 January 2008. Jänner 2014 will be completed and cancelled by the Federal Minister of Finance or the Federal Minister of Finance until the end of a financial year with effect for the next financial year. In the event of violations of budgetary provisions pursuant to § 86 BHG 2013, bilateral agreements shall be repealed at the same time as the information of the Federal Government pursuant to Section 86 (6), first sentence, BHG 2013.

(3) An increase in the limits of the amount referred to in paragraph 2 (2) (2) may be agreed if, on the basis of at least three years ' experience with the implementation of the budget in the sphere of action of the budget management body, it is to be assumed that the compliance with the Principles of financial management and the proper performance of the tasks of the Federal Minister of Finance or the Federal Minister of Finance, including, in particular, the liquidity management and the covering of due commitments is ensured. The prerequisite for this is, in particular, that no violations of the provisions of the federal budget law have been committed during this period § 86 (3) BHG 2013 remains unaffected.

(4) The involvement of the Federal Minister of Finance or of the Federal Minister of Finance has so timely at the end of the planning phase or before the conclusion of the contract, a reasonable period of time for the self-determination of the contract remains to be carried out and any consensual adjustments can be made without endangering the schedule of the project.

(5) For the purpose of the preparation of the agreement and the examination of the condition of the prerequisites pursuant to § 2, the budgetary management bodies of the Federal Minister of Finance or the Federal Minister of Finance have submitted a corresponding request under to communicate the documents required in accordance with paragraph 8, as follows:

1.

for projects in accordance with § 58 (2) of the BHG 2013

a)

a presentation of results according to § 8 WFA-Principle-Regulation (WFA-GV), BGBl. II No. 489/2012 including a presentation of the financial implications according to § 10 of the WFA-Financial Impact Regulation (WFA-FinAV), BGBl. II No 490/2012, and

b)

in the case of projects with a total expenditure of more than EUR 10 million, the recommendation of the Federal Chancellor or the Federal Chancellor (inter-departational action controlling body) in accordance with § 5 (3) of the Regulation on the Control of Impact, BGBl. II No 245/2011, or the declaration that such a recommendation has not been made, and, where appropriate, the statement of reasons for the budgetary management body in accordance with Article 5 (4) of the Regulation on the Control of Impact;

2.

for projects according to § 59 (2) BHG 2013, the presentation of the results shall be limited to the presentation of the financial implications according to § 10 WFA-FinAV. For this purpose, the financial impact calculator according to § 12 WFA-FinAV shall be used.

At the request of the Federal Minister for Finance or the Federal Minister for Finance, the budgetary management bodies have to provide supplementary information.

(6) Where a project is carried out jointly by a number of budgetary management bodies, they shall jointly define whose scope is mainly affected. The budget-management body, whose sphere of action is mainly affected, is responsible for the preparation of the agreement with the Federal Minister of Finance or the Federal Minister for Finance.

(7) This Regulation also applies to procurements in the way of the Bundesbeschprocurement GmbH pursuant to federal law on the establishment of a federal procurement company with limited liability (BB-GmbH-Gesetz), BGBl. I n ° 39/2001, as amended. The agreement with the Federal Minister of Finance or the Federal Minister of Finance shall be established if the limits of the amounts are determined in accordance with Annex A Column 6 is exceeded. The preparation of the agreement must be made before the entry of a legally binding obligation as well as with due regard for the fourth paragraph.

(8) The Federal Minister of Finance or the Federal Minister of Finance shall, in any event, have to consider the following before the agreement is made on the projects referred to in paragraph 5 above and § § 6 and 7:

1.

During the preparation of the project, the objectives of the financial management were observed in accordance with § 2 para. 1 BHG 2013, in particular the principle of impact orientation.

2.

The project corresponds to the tasks of the federal government.

3.

The documents referred to in paragraph 5 are available.

4.

The financial implications (Section 17 (4) of the BHG 2013) of the project are in accordance with the applicable BFRG and the applicable BFG.

5.

The quality, plausibility and completeness of the financial estimates are given.

6.

An examination of the non-financial impact dimensions takes place in the context of the acquisition of the project in so far as it is related to the financial implications and for the assessment of the project and the quality of the estimation in financial aspects are necessary. In particular, it should be noted that the non-financial impact dimensions of the project do not conflict with the information on the impact orientation in the strategy report (§ 14 paragraph 2 Z 5 lit. a BHG 2013) and in the BFG (§ 23 paragraph 1 Z 2 lit. c BHG 2013).

7.

Insofar as the objectives of the project deviate from the objectives or measures of the applicable BFG or cannot be directly attributed to them, at least one assignment to the tasks of the federal government is clarified.

8.

The planned settlement of the project is in accordance with the relevant provisions of the BHG 2013 and the Federal Budget Ordinance 2013 (BHV 2013), BGBl. II No 266/2010.

Securing the cover in the Federal Financial Framework Act and the Federal Finance Act

§ 4. (1) The manager responsible for the project or the head of a budget authority responsible for the project has, under the management of the budget management body, for the covering of the use of funds in accordance with Article 2 (1) (3) (3) of his Detailed budget to be provided.

(2) In the case of joint projects carried out by a number of budgetary authorities of different budgetary institutions, the respective institutions shall ensure that their respective shares are covered in accordance with Article 2 (1) (3) (3). The implementation of a joint project shall only be allowed after agreement has been reached on the shares of the provision of funds by the various bodies.

(3) In the event of a necessary redeployment in accordance with § 53 (1) Z 5 and 6 of the BHG 2013 as well as an overrun of funds pursuant to § 54 BHG 2013, this must be made by the budgetary authority of the Federal Minister of Finance or the Federal Minister for Finance. Federal Minister of Finance in accordance with the Ordinance of the Federal Minister of Finance on the procedure for the overruns of funds (MVÜ-VO), BGBl. II No 512/2012, are requested separately.

Major changes to a project

§ 5. (1) In the case of a project for which the agreement with the Federal Minister for Finance or the Federal Minister for Finance has already been established, the total amount of funds needed to be used in relation to the production of the company shall be increased by more than A substantial change has been made in excess of 10%. In this case, the budgetary management bodies shall establish the agreement with the Federal Minister of Finance or the Federal Minister of Finance on the continuation, adjustment or termination of the project. (2) Para. 1, second sentence shall also apply: if, in the event of constant expenditure for a project of exceptional financial importance, it becomes apparent during the execution of the project in accordance with Article 58 (2),

1. that the one in the results presentation gem. § 8 of the WFA-GV has significantly undershot the success of the goals and measures, or

2. the significant and undesirable effects will be significantly higher.

(3) The information on the changes to the project shall be presented in an appropriate manner.

Section 2

Pre-loading

§ 6. If the financial impact of pre-loading (§ 60 BHG 2013) exceeds the financial impact of the financial impact according to Annex A Column 5, the budgetary management bodies shall establish the agreement with the Federal Minister of Finance or the Federal Minister of Finance. § 3 (2), (3), (4) and (5) Z 1 and (6) to (8) shall apply.

Privileges

§ 7. If the financial burdens of the federal government in connection with privileges (§ 61 BHG 2013) exceed those in the financial impact area according to Annex A Point 3, the budgetary management bodies shall establish the agreement with the Federal Minister of Finance or the Federal Minister for Finance. § 3 (2), (3), (4) and (5) Z 1 and (6) to (8) shall apply.

Section 3

Measures pursuant to § 16 Abs. 2 BHG 2013

§ 8. If the financial impact of planned legislative measures of principle in accordance with § 16 (2) of the Federal HG 2013, the financial impact of the Annex A Their financial significance shall be deemed to be significant. Prior to the release of such provisions, the budgetary management bodies shall establish the agreement with the Federal Minister of Finance or the Federal Minister of Finance on the regulatory project. § 3 (2), (3), (4) and (5) (1) and (6) and (8) shall apply mutatily

Section 4

Acquisition of participations

§ 9. (1) Use of funds, which

1.

the Federal Government applies for the planned acquisition of shareholdings in companies and cooperatives of private law pursuant to Section 71 (1) of the BHG 2013 and

2.

that are likely to be Annex B exceeding the fixed limit,

are considered to be of exceptional financial importance. The budgetary management bodies shall have the agreement with the Federal Minister of Finance or the Federal Minister for Finance to establish such participation.

(2) The Federal Minister of Finance or the Federal Minister of Finance may only establish the agreement on such participation if the conditions pursuant to Section 71 (1) (1) (1) to (3) of the BHG 2013 are fulfilled.

Section 5

Policies

§ 10. The Federal Minister of Finance or the Federal Minister for Finance is authorized to adopt more detailed provisions on this Regulation by means of directives.

Entry into force and transitional provisions

§ 11. (1) This Regulation shall enter into force 1. Jänner 2013 in force.

(2) § 5 shall also apply to projects in respect of which the holding of the agreement with the Federal Minister of Finance or the Federal Minister of Finance has taken place before the date of entry into force of this Regulation.

(3) Bilateral agreements in force on the date of entry into force of this Regulation (Section 3 (2)) shall be amended or repealed no later than 31 December 2013.

Fekter