Federal Liability Limit - Bhog And Abolition Of The Aua Funding Law, The Federal Law Of 14 February 1973 Concerning The Takeover Of The State Guarantee For Loans And Other Cre...

Original Language Title: Bundeshaftungsobergrenzengesetz – BHOG sowie Aufhebung des AUA-Finanzierungsgesetzes, des Bundesgesetzes vom 14. Feber 1973 betreffend die Übernahme der Bundeshaftung für Darlehen und sonstige Kre...

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149. Federal Law, with which a federal law laying down the limits of liability of the federal government (Bundeshaftungsobergrenzengesetz-BHOG) enacted, the AUA Finance Act, the federal law of 14. Feber 1973 concerning the takeover of the federal liability for loans and other loans of the Flughafen Wien Betriebsgesellschaft mit beschränkter Haftung, the federal law of 8 November 1973 on the assumption of the federal liability for bonds, Loans and other loans from the United-Austrian Iron and Steel Works-Alpine Montan Aktiengesellschaft, the Federal Law of 24. Jänner 1979 concerning the takeover of the federal liability for the conversion of bonds, loans and other loans of the Österreichische Elektrizitätswirtschafts-Aktiengesellschaft (joint-stock company) and the special companies, which The German Federal Budget Act, the Federal Budget Act 2013, the IAKW Finance Act, the Federal Act of 3 June 1964 on the financing of the motorway, repealed the Federal Budget Act, the Federal Budget Act 2013. Innsbruck-Brenner, the Tauernautobahn Finance Act, the Pyhrn Autobahn-Financing Act and the Arlberg expressway Finance Law will be amended

The National Council has decided:

Article I

Federal Law on the determination of federal liability limits (Bundeshaftungsobergrenzengesetz-BHOG)

Liability ceilings

§ 1. (1) In Period 1. January 2012 to December 31, 2014, the total outstanding amount of the Federal Government's liability in each case shall not exceed 193.1 billion euros in capital. Interest and costs are not to be charged to this maximum amount.

(2) The liability referred to in paragraph 1 shall be

1.

all the liabilities and losses incurred by the Federal Minister of Finance on behalf of the Federal Government for third parties, and

2.

all of the non-budgetary units of the Federal Government, which belong to the State sector and are within the responsibility of the Federal Government, liability for third parties and loss of compensation obligations.

(3) The total amount referred to in paragraph 1 shall be composed of:

1.

a total outstanding amount of EUR 193 billion in capital for the liabilities referred to in paragraph 2 Z 1 and

2.

a total outstanding amount of EUR 100 million in capital for the liabilities referred to in paragraph 2 (2) (2).

(4) The total amount referred to in paragraph 3 Z 1 shall be composed of:

1.

a total of 18 billion euros in capital for federal funds according to the ÖIAG bond law, BGBl. No 295/1975, Postsparkassengesetz 1969, BGBl. No. 458/1969, Interbank Market Strengthening Act, BGBl. I n ° 136/2008, and the Corporate Sliquidity Strengthening Act, BGBl. I No 78/2009 and

2.

a total outstanding amount of EUR 175 billion in capital, for all other liabilities referred to in paragraph 2 (1).

(5) The total amount referred to in paragraph 4 (1) shall not be used for new liability overtakes. The total amount referred to in paragraph 1 and paragraph 3 Z 1 shall be reduced to the extent of the maturation of the liabilities referred to in paragraph 4 (1).

(6) However, in special federal laws within the meaning of Article 42 (5) B-VG, the amount of liability provided for in Article 42 (5) B-VG shall not be affected by the total amount referred to in paragraph 3 (1).

(7) The Federal Government's obligations, which are counted on the financial or other federal debt, shall not be attributed to the total amount referred to in paragraph 1 above.

(8) Liabilities of non-budgetary units of the Federal Government pursuant to Section 2 (2) (2), for which there is a liability obligation of the Federal Government pursuant to Section 2 (2) (1), are not to be attributed to the total amount according to paragraph 3 (2) (2).

Procedure

§ 2. (1) In the case of liability overtaking pursuant to § 1 paragraph 2 Z 1, the procedure shall be determined in the case of liability overtaking, the formation of risk provisions and the reporting obligations to the National Council in accordance with the provisions of the Federal Budget Act and the Regulations or the rules of the federal laws governing the respective federal liability.

(2) In the case of liability claims in accordance with § 1 paragraph 2 Z 2, the procedure in the case of liability overtaking and the formation of risk provisions shall be determined in accordance with the civil, corporate and corporate legal provisions.

(3) The Federal Minister of Finance has, by 30 September of each year, the Committee of the National Council responsible for the preliminary consultation of Federal Finance Laws, in each case, a report on the assumption of liability pursuant to Article 1 (2) (2) (2) of the previous year. .

(4) In the Federal Audit Office, the overall framework pursuant to § 1 (1) and the overall framework pursuant to § 1 (3) Z 1 and Z 2 are to be compared with the state of use of the liabilities in accordance with § 1 (2) (1) and (2) (2) (1) and (2).

Reporting requirements

§ 3. (1) The Federal Minister of Finance has a yearly budget of up to 31 December. By Regulation, all non-budgetary units of the Federal Government, which belong to the State sector and lie within the scope of responsibility of the Federal Government, are to be determined by Regulation. In determining the responsibility of the federal government, it is necessary to take into account, in particular, statutory financing obligations of the federal government, financial guarantees of the federal government and participation by the federal government.

(2) In the years following the inclusion in the regulation, all existing and newly entered liabilities of these non-budgetary units of the federal government shall be set off for the total amount in accordance with § 1 para. 3 Z 2.

(3) Non-budgetary units of the Federal Government, which have been included in the Regulation as referred to in paragraph 1 above, shall have the Federal Statistics Office in electronic form

1.

by 31 March of each year at the latest, to report on 31 December of the previous year the total amount of their liability pursuant to Article 1 (2) (2) (2) of the Financial Regulation, broken down by type of liability,

2.

to report, by 30 November of each year at the latest, a preview of the overall maximum level of their liability pursuant to Article 1 (2) (2) (2) for the following year; and

3.

without delay, any 10%, but at least one million euro, of exceeding their reported preview in accordance with Z 2.

(4) If a non-budgetary unit of the Federal Government is re-included in the Regulation, it shall have the notification pursuant to Section 3 (2) of the Regulation to be reimbursed in the year of its inclusion in the Regulation.

(5) If an extra-budgetary unity of the Federal Government is deleted from the Regulation, all existing and newly entered liabilities shall be based on the total amount in accordance with § 1 (3) Z 2 until 31 December of the year in which the deletion is effected. to be counted. The notifications pursuant to Section 3 (3) (3) (3) are to be reported in the following year, the notification in accordance with Section 3 (1) (1).

§ 4. (1) The Bundesanstalt "Statistik Österreich" has a list of all non-budgetary units of the federal government, which belong to the state sector and are responsible for the federal government, on the date of 30 June each year, and they have to do so until the end of June. by 31 August of each year at the latest to the Federal Minister of Finance.

(2) The Federal Statistical Office (Bundesanstalt "Statistik Österreich") shall transmit the necessary data to the Federal Minister of Finance by 31 May at the latest for the report in accordance with § 2 (3) and for inclusion in the Federal Financial Statements according to § 2 (4).

(3) The nature and timing of the transmission of the data pursuant to § 3 (3) (3) (2) and (3) to the Federal Minister of Finance, their preparation and to the Federal Statistical Office (Bundesanstalt "Statistik Österreich") shall be determined on the basis of a fee between the Federal Minister for Finance and the Federal Statistical Office. Federal Institute for Statistics Austria and the Federal Minister for Finance.

(4) The data collected in accordance with Section 3 (3) or in any other form of liability pursuant to Section 1 (2) (2) (2) (2) may also be transferred to the Federal Minister of Finance in a personal form. The transmission can also be carried out electronically. Notifications pursuant to § 3 (3) (3) (1) to (3) may not be published by the Bundesanstalt "Statistik Österreich" (Statistics Austria).

(5) The term data in accordance with para. 2 to 4

1.

the designation of non-budgetary units of the federal government pursuant to § 1 paragraph 2 Z 2,

2.

an indication of the type of liabilities taken, such as guarantees or guarantees; and

3.

the stalls of the harbor

to understand.

Criminal provisions

§ 5. Anyone who does not comply fully or in due time in his reporting obligations under § 3 (3) to (5) or § 6 (3), or who knowingly makes inaccurate information, is subject to an administrative surrender and is from the district administration office-in the To punish the office of a federal police department with a fine of up to 10 000 euros.

Transitional provisions

§ 6. (1) The Bundesanstalt "Statistik Österreich" shall submit the list in accordance with section 4 (1) to the date of 30 June 2011 within 14 days after the date of the customer's presentation of this Federal Law.

(2) The first-time release of the Regulation in accordance with § 3 paragraph 1 shall have no later than 31. January 2012.

(3) The first-time notification of the non-budgetary units of the Federal Government included in the Regulation pursuant to § 3 (3) (2) (2) shall be made within four weeks after the entry into force of the Regulation in accordance with Section 3 (1).

Final provisions

§ 7. (1) Where reference is made in this Federal Act to provisions of other federal laws, these are to be applied, unless expressly stated otherwise, in their respectively applicable version.

(2) Regulations on the basis of this Federal Act may already be adopted from the date of its customer's presentation.

(3) In so far as personal names are only mentioned in male form in this Federal Act, they relate to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

§ 8. (1) § 6 (1) and § 7 (2) shall enter into force on the expiry of the day of their customer ' s presentation. The remaining provisions of this Federal Act are 1. Jänner 2012 in force.

(2) The expiry date of 31 December 2011 shall be repeal:

1.

the Federal Act of 30. October 1970 on further measures to finance Austrian Airlines, Österreichische Luftverkehrs-Aktiengesellschaft (AUA Funding Act), BGBl. No 335/1970,

2.

the Federal Act of 14. Feber 1973 concerning the acquisition of the federal liability for loans and other loans of the Flughafen Wien Betriebsgesellschaft mit beschränkter Haftung, BGBl. No 116/1973,

3.

the Federal Act of 8 November 1973 concerning the acquisition of the Federal Liability for Bonds, Loans and Other Loans of the Vereinigte Österreichische Eisen-und Stahlwerke-Alpine Montan Aktiengesellschaft, BGBl. 579/1973,

4.

Federal Law of the 24th Jänner 1979 concerning the takeover of the federal liability for the conversion of bonds, loans and other loans of the Österreichische Elektrizitätswirtschafts-Aktiengesellschaft (joint-stock company) and the special companies, BGBl. No 59/1979,

5.

the Federal Act of 21. October 1982 concerning the assumption of the federal liability for bonds, loans and other loans of the Österreichische Elektrizitätswirtschafts-Aktiengesellschaft (composite company) and the special companies (Energieanleihegesetz 1982) Federal Law Gazette (BGBl). No 547/1982,

6.

The Federal Act on the Liability for the Future of BAWAG P.S.K. Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse AG (BAWAG P.S.K. -Backup Law), BGBl. I No 61/2006.

§ 9. The Federal Minister of Finance is responsible for the enforcement of this federal law.

Article II

Amendment of the Federal Budget Act-BHG

Federal Budget Law, BGBl. No. 213/1986, as last amended by the Federal Law BGBl. I No 67/2010, shall be amended as follows:

1. In § 66 (3), the following sentence is added:

" Where the liability for interest is assumed with a variable interest rate, the value of the agreed interest rate for the total term of interest shall be calculated on the basis of the interest rate applied to the liability framework at the time of the assumption of liability. and to use it. "

2. In accordance with § 100 (40), the following paragraph 41 is added:

" (41) § 66 (3) in the version of the Federal Law BGBl. I n ° 149/2011, will enter into force on 1 July 2012. "

Article III

Change of Federal Budget Act 2013-BHG 2013

The Federal Budget Act 2013, BGBl. I n ° 139/2009, as last amended by the Federal Law BGBl. I No 67/2010, shall be amended as follows:

1. § 17 (1) reads:

" (1) All with the preparation of the release of federal legislation (laws, regulations, on-or inter-state agreements, agreements pursuant to Art. 15a B-VG), the preparation of other legislative measures of principle In accordance with Article 16 (2) or of projects referred to in Article 58 (2), the nature of the institutions responsible for the impact assessment referred to in paragraph 2 of this Article shall be taken into consideration. In any case, financial, economic, environmental, consumer protection policy, as well as the impact on children and young people, as well as administrative costs for citizens and businesses, as well as in social terms, and in particular on to take into account actual equality between men and women. "

2. In accordance with § 67 (3), the following paragraph 3a is inserted:

" (3a) In the case of public limited liability companies in which the Federal Government is directly or indirectly involved in a majority of the shares, paragraphs 1 to 3 shall only be applied as long as their shares do not become official trading or regulated free circulation in an Austrian securities exchange, or in a comparable manner, are admitted to trading on a foreign exchange. "

Section 82 (2) reads as follows:

" (2) If a liability is assumed by the Federal Government, it must be specified that:

1.

the debtor or the debtor has to give the Federal Government all information and documents required by the Federation in connection with the existence or the use of liability;

2.

the Federal Minister of Finance or the Federal Minister of Finance the right to any book and tax audit at any time, as well as the present inspection of the other necessary for the performance of his duties and rights the records and records of the debtor or of the debtor are acknowledged;

3.

the debtor or the debtor has to report without delay to the Federal Government in writing of all circumstances which could not only insignificantly affect the reason and the amount of the liability of the Federal Government in the sense of an increase in risk;

4.

the debtor or the debtor for the duration of the undertaking for which a liability is accepted, the annual annual report, including the balance sheet and the statement of success, and the one with a formal endorsement Examination report of one or one according to the Economic Scatter Trade Act (WTBG), BGBl. I N ° 58/1999, authorised examiner or auditor;

5.

the debtor or the debtor for the acceptance of the liability by the Federal Government has to pay a fee to the Federal Government, which is to be measured according to the nature of the project referred to in paragraph 1 (2) (2), but which does not exceed 1 vH per year, and that of the Federal Government, the outstanding part of the obligation to which the liability relates is to be calculated;

6.

the Federal Government, in the event of its claim to be liable for liability in addition to the right to a replacement of the paid debt (§ 1358 ABGB), is entitled to the right to replace all of the debtor's or the debtor in connection with the redemption of the the costs incurred, in particular the costs incurred by the Federal Government in litigation with the creditor or the creditor, shall be required. The extent to which the financial and economic circumstances of the debtor or the debtor can be taken into consideration in the exercise of this right of recourse shall be assessed in accordance with § § 73 and 74.

Only a federal law within the meaning of Article 42 (5) B-VG shall be allowed to deviate from these conditions. "

4. In § 82 (3), the following sentence is added:

" Where the liability for interest is assumed with a variable interest rate, the value of the agreed interest rate for the total term of interest shall be calculated on the basis of the interest rate applied to the liability framework at the time of the assumption of liability. and to use it. "

5. In § 121 (20) (1) (b) (b) the phrase shall be: "Use Group A3 (basic runway and functional groups 1 to 4)" through the phrase "Use group A3 (basic runway and functional groups 1 to 5)" replaced.

6. In § 121 (21) (1) (b) (b) the expression shall be: "(basic runway and functional groups 1 to 6)" .

7. In accordance with § 122 (4), the following paragraph 5 is added:

" (5) § 17 (1), § 67 (3a), § 82 (2) and (3) and § 121 (20) and (21) in the version of the Federal Law BGBl. I n ° 149/2011, enter 1. Jänner 2013 in force. "

Article IV

Amendment of the IAKW Finance Act

The IAKW Finance Act, BGBl. No. 150/1972, as last amended by the Federal Law BGBl. I n ° 122/2008, is amended as follows:

1. § 4 reads:

" § 4. The Federal Minister of Finance is authorized to pay for the credit operations to be carried out by the Aktiengesellschaft for the performance of its tasks pursuant to § 1 (1) and (2) in Germany and abroad by the name of the Federal Government pursuant to Section 66 of the Federal Budget Law, BGBl. No 213/1986, as amended, to assume liability as guarantor and payer in accordance with § 1357 of the German Civil Code (ABGB) or in the form of guarantees in accordance with the applicable Federal Finance Act. "

Article V

Amendment of the Federal Act of 3 June 1964 on the financing of the Innsbruck-Brenner motorway

The Federal Act of 3 June 1964 on the financing of the Innsbruck-Brenner motorway, BGBl. No. 135/1964, as last amended by the Federal Law BGBl. N ° 826/1992, is amended as follows:

1. § 3 is deleted.

Article VI

Amendment of the Tauernautobahn Finance Act

The Tauernautobahn Finance Act, BGBl. N ° 115/1969, as last amended by the Federal Law BGBl. N ° 826/1992, is amended as follows:

1. § 5 is deleted.

2. In § 8 the word order is deleted "and Section 5 (9)" .

Article VII

Amendment of the Pyhrn Autobahn-Financing Act

The Pyhrn highway finance law, BGBl. 479/1971, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). N ° 826/1992, is amended as follows:

1. § 5 is deleted.

2. In § 8 the number of "5," .

Article VIII

Change of the Arlberg expressway Financing Act

The Arlberg expressway Finance Act, BGBl. N ° 113/1973, as last amended by the Federal Law BGBl. N ° 826/1992, is amended as follows:

1. § 5 is deleted.

2. In § 8 the phrases shall be deleted. "and Section 5 (9)" and "Section 5 (1) to (8) and (10) and with regard to" .

Fischer

Faymann