499th regulation of the Federal Minister for finance on with referral to the estimation of the financial implications of draft of Union legislation on the federal budget in the framework of the effect-oriented impact assessment (EFC Mitbefassungs regulation WFA-EU-MV)
On the basis of § 16 para 3 and § 17 par. 5 of the Federal Budget Act (BHG 2013), Federal Law Gazette I no. 139/2009, as last amended by the Bundesgesezt Federal Law Gazette I no. 62/2012 is prescribed:
General terms and conditions
§ 1. This regulation lays down
1 understanding making in drafting Union legislation in accordance with article 288 par. 2 to 4 TFEU or opinions on such draft, when significant financial implications for the federal budget are expected, and 2. costing duty of senior financial institution in drafting Union legislation in accordance with article 288 para 2 to 4 TFEU or opinions to such designs with significant financial implications for the federal budget target
§ 2. Aim of the regulation is that in drafting Union legislation, coordinated and coherent Austrian positions in regard to the financial implications for the federal budget to develop and be represented.
Significant financial implications for the federal budget are due to a present as a draft EU law provision or an opinion on such a draft article 3 (1) expected, so the budget governing bodies in their area of effect the Union legal requirement falls to make the agreement with the Federal Minister of finance or the Minister of finance. There are significant financial implications, if
1. financial impact on the federal budget in the amount of at least EUR 250 000 or to the individual year are related to expect at least 50 000 euros, or 2. the financial statement closed at according to the draft provided funds from the EU budget the amount of at least 10 million euros, or on the individual year involved at least two million euros reach.
(2) it is following procedure to comply with:
1. all required documents and information, in particular session reports, drafts of legal acts and other preparatory documents, in particular Commission proposals of any kind, which are discussed in the Council, the Permanent Representatives Committee or the Council working group are to bring to the attention to the earliest of the Federal Minister of finance or the Minister of finance.
2. a representation of the assessment of the significant financial implications is to provide the Federal Minister of finance or the Minister of finance.
Assessment of the financial impact
4. (1) has every budget-governing body of draft of European Union law regulation falls within its sphere of competence, to determine the proposal's financial impact for the current year, as well as the following financial years and to represent. This includes the following information:
1 the amount of provided operational funds and providing the administrative resources from the EU budget, according to the financial statement, 2. a possible need for a change of the multiannual financial framework on the basis of redeployments between sections and an increase in the financial framework, 3. a possible need for additional funding from the federal budget, 4. the amount of the required co-funding (Federal and countries), 5. the total load, 6 the amount and the recipient (private or public households) of cash flows expected , 7 any other financial implications on the Austrian Federal budget referred to in paragraph 2.
(2) any other financial implications on the Austrian Federal budget, affecting not the EU budget (para. 1 No. 7), involved from a total amount of EUR 100 000, or on the individual year to represent 20 000 euro and to provide the Federal Minister of finance or the Minister of finance. It is to specify the year or years in which or in which the other financial impact reflected in the federal budget.
(3) the limits referred to in article 3, paragraph 1 is reached, the assessment and presentation of the financial impact is as soon as possible to provide the Federal Minister of finance or the Minister of finance.
(4) the limits referred to in article 3, paragraph 1 is not reached, the assessment and presentation of the financial impact on the request of the Federal Minister of finance or the Minister of finance is to submit.
(5) the details of the assessment of the financial impact are during the period every three years and to undergo a "target actual analysis" at the end of the term. Amount-based variations are to represent and give reasons. The analysis and the representation of the deviation and rationale are to provide the Federal Minister of finance or the Minister of finance.
§ 5. The Federal Minister of finance or the Minister of Finance provides an instrument (financial impact calculator) and a manual for the assessment of the financial implications of draft of Union legislation. The instrument is to be used for representing the assessment of the financial impact.
Entry into force
§ 6. This Regulation shall enter into force 1 January 2013.