509. Ordinance of the Federal Minister of Finance on remuneration for services between federal institutions and on charges for services of federal bodies to third parties (Performance Decree-Regulation 2013-LA-V 2013)

On the basis of § § 63 (2) and (64), in connection with § 121 (13) 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:

Performance Term

§ 1. (1) The concept of performance of this Regulation is based on § § 63 (1) and (64) of the Federal Budget Act 2013 (BHG 2013), BGBl. I n ° 139/2009, on Section 859 of the General Civil Code (ABGB), JGS 946/1811, and includes benefits in the area of private management from a budget-leading body (Section 7 (1) of the BHG 2013) to another budget-leading position or vis-à-vis third parties. The provisions of this Regulation do not regulate the performance of budgetary authorities in the area of territorial administration.

(2) Services and their use by heads of household bodies shall be attributed to the corresponding detailed budget of the respective responsible budget management body (Section 6 para. 1 BHG 2013).

(3) The following benefits are to be considered as own benefits and are therefore not covered by the concept of performance in accordance with paragraph 1:

1.		the production of the agreement, the joint action or interaction between the Federal Ministries according to § 5 of the Federal Ministries Act 1986, Federal Law Gazette (BGBl). 76 and
2.		the management of administrative tasks in accordance with the federal budget regulations, including the related reports, opinions and communications to other budgetary positions, as well as the taking of orders, which are transferred to the budgetary management bodies by the Federal Minister for Finance or by the Federal Minister of Finance (in particular in accordance with § § 73 (6), 74 (4), 75 (9), 76 (10) BHG 2013).

Remuneration and remuneration

§ 2. (1) Financial institutions shall have the right to benefit from the services referred to in Article 1 (1).

1.		received from another budget-leading authority to pay a remuneration; in accordance with Section 63 (1) of the BHG 2013, it is to be agreed in principle in a written administrative agreement on the basis of the common value (§ 305 ABGB), which shall, in particular, include the subject-matter of performance, the time-limit for performance and, if necessary, a payment plan,
2.		against third parties, to agree to a fee in writing in accordance with § 64 BHG 2013 on the basis of at least the common value (§ 305 ABGB),
provided that these services are not exempted from the obligation to pay or pay in accordance with § § 3 to 5 (1) and (2) or under other federal legislation.

Paragraph 1 shall also apply in particular to benefits to be provided by the competent budgetary authorities under the existing legislation.

Derogations from the obligation to pay compensation for services between bodies responsible for the budget

§ 3. Unless a remuneration is payable under other federal legislation, such remuneration shall not be required if:

1.		the performance of budget-leading bodies within the remit of their respective competent budget-management bodies is excluded
a)			the competent budgetary authority has expressly laid down the payment of remuneration for such benefits, or
b)			in the cases of § 6.
2.		the value of the service does not exceed the amount of EUR 5 000. In this case, services which are subject to a uniform procedure in economic, legal or financial terms form a unit. If this value limit is exceeded, a full payment shall be made. A number of similar individual services, which are provided during a financial year, shall be included and shall be reimbursed in full if their total value exceeds the value set out in the first half-sentence. Similar benefits to a budget-leading body similar to long-term debt ratios are not subject to this value limit and are therefore remunerated in full irrespective of their value.
3.		the performance is in the participation in meetings or in the issuing of information.
4.		by the Federal Minister of Finance or by the Federal Minister of Finance, in the interest of administrative simplification in individual cases, for certain categories of performance or categories of services in the administrative system, for further exemptions for a particular or an indefinite period of time, provided that this is appropriate with regard to the extent or nature of the performance, after consultation with the competent budgetary management body, and after presentation of an evaluation of the performance of the performance.
5.		The competent budgetary authority has expressly laid down the payment of a remuneration, except for the temporary leave to the movable federal assets.

§ 4. (1) Services in the context of the participation and control of the National Council in the case of the Federal Act of the Federal Government do not give rise to any obligation to pay compensation.

(2) Services on the basis of 8. Main section of the Federal Constitutional Law (B-VG), Federal Law Gazette (BGBl). No. 1/1930, as well as services based on the Court of Auditors Act 1948, BGBl. No 144, are not subject to the scope of this Regulation.

Exemptions from the obligation to pay for services to third parties in budgetary positions

§ 5. (1) For services budget-leading positions to the Austrian Federal Finance Agency in connection with their task performance in accordance with § 2 para. 2 and 3 of the Federal Finance Act, BGBl. No. 763/1992, has to be dispensed with, provided that the Austrian Federal Finance Agency provides its services with respect to the Federal Government free of charge.

(2) The Federal Minister of Finance or the Federal Minister of Finance may, by means of a reasoned proposal from the competent budget management body, subject to the application of § 3 Z 4, further exceptions to the agreement of a Allow charges.

(3) The provisions of § § 63 (1) fourth sentence, 75 and 76 BHG 2013 remain unaffected.

Use of objects of the Burghauptmannschaft Österreich by budget-leading positions

§ 6. (1) For the use of objects, their administration and construction technical support according to § 22 of the Federal Property Law, BGBl. I. No 141/2000, which is the responsibility of the Austrian Burghauptmannschaft, is from the budgetary management bodies and from those budgetary positions to which tasks have been delegated in accordance with Article 7 (1) (2) of the BHG 2013, from 1 January 2013. January 2015 to pay a use fee. Excluded from this are open spaces and the properties KG Ebensee EZ 879, KG Langenstein EZ 526, KG Mauthausen EZ 578 and 598 as well as the KG inner city EZ 3, Heldenplatz (Burgtor).

(2) In preparation for the future use of the remuneration (paragraph 1). 1) the Burghauptmannschaft Österreich and the budgetary governing bodies each have for their area in relation to those properties as referred to in paragraph 1, which are used by federal bodies at the time of entry into force of this Regulation, To collect information on the following types of performance:

1.		Land use (usable areas),
2.		in the last five years from the date of entry into force of this Regulation, structural maintenance and repair measures including the level of costs incurred, with the exception of general refurbishments,
3.		other investments carried out over the last five years from the date of entry into force of this Regulation, both in the field of structural measures (except for general refurbishments) and in the administrative area, including the costs incurred,
4.		General refurbishments made since the entry into force of the Federal Property Law,
5.		Income management costs (operating costs, other management costs) in the calendar year 2010.

(3) The budgetary management bodies shall transmit to the Burghauptmannschaft Austria the data relating to each of them in full and in a structure to be presented by the Austrian Burghauptmannschaft within the time limit specified by the Austrian Burghauptmannschaft. The information collected is to be prepared by the Austrian Burghauptmannschaft in a written report. The preparation shall be divided, at least according to the types of performance, properties (deposits, objects, economic units, etc.), budgetary management bodies and in regard to the amount of the processing. In addition, the report may make proposals for harmonising the implementation of maintenance and repair measures or other investments, the carrying out of further property management costs and the future Use remuneration (par. 1).

(4) The Burghauptmannschaft Österreich shall submit the report provided for in paragraph 3 to the relevant budgetary management bodies concerned, as well as to the Federal Minister of Finance or the Federal Minister of Finance, by 31 July 2013 at the latest. The Federal Minister of Finance or the Federal Minister of Finance may, after the report has been received, set out more detailed rules on the payment of the use of the use of the funds.

Use of Federal Government objects not managed by Burghauptmannschaft Austria and managed by the Federal Government by the budget-leading bodies

§ 7. For transfers of use between budget-leading positions of objects not subject to § 6, the following shall be taken from 1. January 2013 to pay market-standard use fees and cost of management. In any event, it shall conclude written administrative agreements, which shall include in particular the extent of the useful area, the duration of the transfer and the amount of the remuneration and the cost of management.

References

§ 8. The references to federal laws contained in this Regulation shall be construed as a reference to the version in force in each case.

Entry into force, external force

§ 9. (1) This Regulation shall enter into force on 1 January 2008. Jänner 2013 in force.

(2) The Performance Decree Regulation, BGBl. II No 388/2000, enters into force on 31 December 2012.

Fekter