Projects Regulation

Original Language Title: Vorhabensverordnung

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_22/BGBLA_2013_II_22.html

22 law-setting regulation of the Federal Minister of finance about the preparation and implementation of projects (including impact and prior permission), as well as on the financial sphere of competence relating to other measures of considerable financial importance and the acquisition of investments (projects Regulation)

On reason of § 16 par. 2, article 58, paragraph 1 and 2, § 60 paragraph 6, § 61 para 2, article 69, paragraph 4 and article 71, paragraph 1 No. 3 lit. b of the federal budget law for 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

Scope of application

§ 1. This regulation lays down the procedure for



1. the preparation and implementation of projects (§ 58 BHG 2013) including the acquisition of things (§ 69 BHG 2013), 2. the entering into of responsive (§ 60 BHG 2013) and prior permissions (§ 61 BHG 2013), 3. with the entry into force of other right-use measures of fundamental type according to § 16 para 2 BHG 2013 and 4. the acquisition of holdings in accordance with article 71, paragraph 1 BHG 2013.

Prerequisites

2. (1) the preparation of a project in accordance with § 57 BHG 2013 and the justification of obligations or claims for the purposes of the execution of a project in accordance with the paragraphs 57 to 61 BHG 2013 is allowed only if the project



1 is necessary to fulfil a task of the Federal Government, 2 can be assigned to a federal finance law intended purpose and 3 covering the cash expenditure in the Federal Finance frame law (former) as well as in the Federal Finance Law (BFG) is ensured.

(2) each project must be in accordance with the principles of financial management in accordance with § 2 2013 BHG. The project has to comply with in particular the principles of efficiency and impact orientation.

Coordination duties

The domestic governing bodies have 3. (1) the agreement with the Federal Minister of finance or the Minister of finance as follows to produce:



1. in the planning of projects of extraordinary financial importance in accordance with section 58 subsection 2 BHG 2013, if the total disbursements associated with the project exceed the limits of the amounts set out in Annex A column 4 during his term.

2. prior to the execution of a project in accordance with section 59 para 2 BHG 2013, if the total disbursements associated with the project exceed the limits of the amounts set out in Annex A column 3.

The amount limits apply, unless in the Annex A column 2 unless otherwise regulated on the total disbursements of the project including sales tax.

(2) the Federal Minister of finance or the Minister of finance is authorized BHG, in agreement with a budget executive organ in accordance with the provisions in accordance with section 58 subsection 2 2013



1. further rules regarding the approach in making the agreement and 2 higher amount limits to agree. Such bilateral agreements can be concluded at the earliest from 1 January 2014 and by the Federal Minister of finance or the Federal Minister of finance up to the expiry of a financial year with effect for the next financial year repealed. In the event of breaches of budgetary provisions in accordance with § 86 BHG 2013 are bilateral agreements at the same time with the information of the Federal Government pursuant to § 86 para 6 first set to repeal BHG 2013.

(3) an increase in the limits of the amounts referred to in paragraph can be arranged 2 Z 2 if to assume on the basis of at least three years experience with the implementation of the budget in the area of effect of the budget executive organ is that adherence to the principles of financial management and the compliance performance of duties of the Federal Minister of finance or the Federal Minister of finance, in particular the liquidity management and the covering of maturing obligations is ensured. Condition cases in particular is that during this period no violations were committed against the provisions of the federal budget law § 86 para. 3 2013 remains unaffected BHG.

(4) the integration of the Federal Minister of finance or the Federal Minister of Finance has to be carried out, that a reasonable period of time for the autonomous assessment remains and amicable adjustments without jeopardizing the schedule of the project are possible so in a timely manner at the end of the planning phase or before conclusion of the contract.

(5) for the purpose of the making of the agreement and the verification of the existence of the conditions referred to in paragraph 2, the budget governing bodies have to submit an application by connecting the documents required in accordance with paragraph 8 of the Federal Minister of finance or the Minister of finance as follows:



1 projects in accordance with section 58 subsection 2 BHG 2013 a) a presentation of results in accordance with § 8 WFA principle Regulation (EFC-GV), Federal Law Gazette II No. 489/2012 including a presentation of the financial impact in accordance with § 10 WFA financial impact Regulation (EFC FinAV), Federal Law Gazette II No. 490/2012, and b) at projects with total cost of more than 10 million euros the recommendation of the Chancellor or the Chancellor (interdepartmental action controlling authority) pursuant to § 5 para 3 of the effect controlling regulation , Federal Law Gazette II No. 245/2011, or the statement that such a recommendation was omitted, as well as, where appropriate, the justification of the budget executive organ pursuant to § 5 para 4 of effect controlling regulation;

2. for projects referred to in article 59 paragraph 2 BHG 2013 is to restrict the display of results WFA-FinAV on the representation of the financial impact in accordance with § 10. For this, the financial impact Calculator in accordance with § is to use 12 EFC FinAV.

The domestic governing bodies are required to submit information supplementary request of the Federal Minister of finance or the Federal Minister of finance.

(6) an undertaking by several domestic governing bodies will be carried out jointly, they have jointly set, whose scope is predominantly affected. The budget-senior organ, whose scope is mainly affected, is making in conjunction with the Federal Minister of finance or the Minister of finance.

(7) this regulation also applies to procurements by way of Federal procurement GmbH in accordance with the Federal law on the establishment of a federal procurement company limited (BB Act), Federal Law Gazette I no. 39/2001, amended. The agreement with the Federal Minister of finance or the Minister of finance is to establish if the limits of the amounts set out in annex be exceeded A column 6. Understanding production has to be carried out before entering into a legally binding commitment as well as in accordance with the paragraph 4.

(8) the Federal Minister of finance or the Minister of Finance has to consider the following prior to making the agreement on projects referred to in paragraph 5 and articles 6 and 7 at least:



1. in the preparation of the project in particular respect the principle of impact orientation, were the targets of financial management in accordance with article 2, paragraph 1 2013, BHG.

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 (§ 17 par. 4 BHG 2013) of the project are in line with the applicable former and the current BFG.

5. the quality, plausibility and completeness of financial assessments are given.

6. a test of non-financial dimensions of the effect takes place in this respect within the framework of the understanding production, as they are necessary for the assessment of the project and the quality of the assessment in financial terms with the financial implications in connection. This connection should be noted in particular that the non-financial impact dimensions of the project not in contradiction to the information on the orientation of effect in the strategy report (§ 14 para 2 Z 5 lit. a BHG 2013) and the BFG (§ 23 para 1 Z 2 lit. c BHG 2013) are.

7. as far as the projects goals can differ or are not directly attributed to these of the impact targets or measures of the current BFG, at least a mapping to the tasks of the Federal Government is clear.

8. the allocation of the project prospect complies with the relevant provisions of the BHG 2013 and 2013 (BHV 2013), BGBl. federal budget regulation II No. 266/2010.



Ensure the covering in the Federal Finance frame law and in the Federal Finance Act



4. (1) has the manager responsible for the project or the responsible for the Project Director of a leading financial authority under the direction of the budget executive organ to ensure no. 3 in his detailed budget covering the cash expenditure in accordance with article 2, paragraph 1.

(2) in the case of joint projects of several budget-leading points also different household senior organs the respective institutions for the coverage of their respective shares pursuant to § 2 para 1 have to make no. 3. The implementation of a joint project is only admissible after the agreement on the share of funding on the part of the various places.


(3) in the case of reallocating expenditure required in accordance with article 53, paragraph 1 Z BHG 2013 must 5 and 6 BHG 2013 as well as exceeding funds use in accordance with section 54 this from the budget executive organ to the Federal Minister of finance or II No. 512/2012, separately apply for the Federal Minister of finance in accordance with the regulation of the Minister of Finance on the procedure using overruns (MVÜ-VO), Federal Law Gazette.



Significant changes to a project



5. (1) the total required cash expenditure than the understanding production by more than 10% are exceeded for a project, for it already, the agreement was made with the Federal Minister of finance or the Minister of finance, so there is a significant change. In this case the budget governing bodies have the agreement with the Federal Minister of finance or the Federal Minister of finance to continue to make adjustment or setting of the project. (2) paragraph 1, second sentence applies even if in constant expenses for a project of extraordinary financial importance according to § 58 paragraph 2 while the implementation of the project,

1 that the stated achievement of objectives and measures clearly fall below WFA AGM in the presentation of the results gem. § 8, or

2. the essential, unwanted effects are significantly higher.

(3) the information about the changes of the project are in an appropriate way to represent.

2. section



Preloads



§ 6 exceed the financial impact of responsive (§ 60 BHG 2013) within the financial sphere in accordance with Appendix A column 5 indicated amount limits, so have to make the budget governing bodies the agreement on this with the Federal Minister of finance or the Minister of finance. § 3 para 2, 3, 4 and 5 Z 1 and para. 6 to 8 is to be applied.

Prior permissions

§ 7 exceed the financial burden of the Federal Government in connection with prior permissions (§ 61 BHG 2013) within the financial sphere in accordance with Appendix A point 3 mentioned amount limits, so have to establish the domestic governing bodies the agreement on this with the Federal Minister of finance or the Minister of finance. § 3 para 2, 3, 4 and 5 Z 1 and para. 6 to 8 is to be applied.

3. section

Measures pursuant to § 16 para 2 BHG 2013

§ 8. When the financial effects of planned law setting measures of fundamental type according to § 16 para 2 BHG 2013 which exceed level 4 set limits of amounts in the financial sphere in accordance with Annex A, applies its financial importance as significant. The domestic governing bodies before issuing such regulations have the agreement with the Federal Minister of finance or the Minister for finance on the regulatory projects to produce. § 3 para 2, 3, 4 and 5 Z 1 and para. 6 and 8 is to be applied mutatis mutandis.

4 section

Acquisition of investments

§ 9 (1) cash expenditure, which



1. the Federal Government for the planned acquisition of stakes in companies and cooperatives of private law in accordance with article 71, paragraph 1 2013 spends BHG and which exceed 2. presumably the amount limit set out in Annex B, considered to be of great financial importance. The domestic governing bodies have to make the agreement with the Federal Minister of finance or the Minister of Finance of such equity purchases.

(2) the Federal Minister of finance or the Minister of finance may establish only the agreement on such investment purchases, if the requirements pursuant to article 71, paragraph 1 are 1 to 3 BHG 2013 met Z.

5. section

Guidelines

§ 10. The Federal Minister of finance or the Minister of finance is authorised to adopt further provisions to this regulation through policy.

Entry into force and transitional provisions

11. (1) this regulation with 1 January 2013 enter into force.

(2) section 5 applies to projects where understanding is produced with the Federal Minister of finance or the Minister of Finance before the date of entry into force of this regulation.

(3) applicable at the time of entry into force of this regulation bilateral agreements (§ 3 par. 2) are to adapt by 31 December 2013 at the latest, or to pick up.

Fekter