Agreement In Accordance With Article 15A B-Vg On The Strengthening Of Institutional Childcare Provision

Original Language Title: Vereinbarung gemäß Artikel 15a B-VG über den Ausbau des institutionellen Kinderbetreuungsangebots

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Agreement in accordance with Article 15a B-VG on the development of institutional childcare provision

The Federal Government-represented by the Federal Minister for Economic Affairs, Family and Youth-and the Länder of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg and Vienna, represented by the Governor of the Federal State of Austria and the Federal Republic of Austria, respectively. the provincial governor-hereinafter referred to as the contracting party-have agreed to conclude the following agreement in accordance with Article 15a of the Federal Constitutional Law:

Article 1

Objectives

(1) According to the Barcelona objective of the European Union, in the interests of reconciling work and family life, the regional needs of 33% of the under-three-year-old childcare places should be available.

(2) The present agreement is supported by the joint effort of the federal and state governments to increase the care ratio of the under-three-year-olds, with particular childcare services to be agreed with the full employment of the parents. shall be taken into account.

(3) For three-to six-year-olds, incentives should be provided for the elimination of regional deficits for full-day care, which is compatible with full employment of parents.

Article 2

Expansion of childcare provision

The contracting parties agree to take the appropriate measures, within their respective spheres of competence, in order to achieve the Barcelona objective of the European Union for childcare, with full-time and full-employment of the parents. agreed, flexible childcare. The main focus is on the expansion of the childcare provision for the under-three-year-olds, with the support of the day-mothers and fathers in the sense of Art. 3 Z 2 to be particularly supported.

Article 3

Definitions

For the purposes of this Agreement, the terms shall mean:

1.

Institutional childcare facilities:

Public and private kindergartens and crèches as well as age-mixed groups, with private ones who do not take care of the children in the private household, who are under the same the conditions of admission and exclusion, such as public access to public access and are not aimed at profit, as well as company kindergartens and crews of the company.

2.

Day nursery and fathers:

Day-mothers and fathers are persons with specialist training and a Official authorisation within the meaning of the relevant Youth Welfare Act or the respective children and/or Day care law, which regularly takes place for a part of the day Take care of child care.

3.

Half-day childcare:

Child care

a)

by qualified staff,

b)

at least 30 weeks in the kindergarten year 2010/2011,

at least 37 weeks in the kindergarten year 2011/2012,

at least 44 weeks in the kindergarten year 2012/2013,

at least 47 weeks in the kindergarten year 2013/2014,

c)

at least 20 hours per week,

d)

weekdays from Monday to Friday and

e)

an average of four hours daily.

4.

Full-day childcare:

Child care

a)

by qualified staff,

b)

at least 30 weeks in the kindergarten year 2010/2011,

at least 37 weeks in the kindergarten year 2011/2012,

at least 44 weeks in the kindergarten year 2012/2013,

at least 47 weeks in the kindergarten year 2013/2014,

c)

at least 30 hours per week,

d)

weekdays from Monday to Friday,

e)

an average of six hours daily and

f)

with offer of lunch.

5.

Childcare to be agreed with full employment of parents (VIF criteria):

Child care

a)

by qualified staff,

b)

at least 47 weeks in the kindergarten year,

c)

at least 45 hours per week,

d)

weekdays from Monday to Friday,

e)

four days a week at least 9 ½ hours and

f)

with offer of lunch.

6.

Kindergarten year:

The period between 1 September and 31 August of the following year.

Article 4

Financing of the expansion of childcare provision

(1) In order to partially cover the additional costs of the countries and municipalities in connection with the measures pursuant to Art. 5 in 2011, the Federal Government will have an appropriation of EUR 10 million, and in the years 2012, 2013 and 2014 an annual amount of EUR 10 million. Provide an appropriate grant within the meaning of § § 12 and 13 F-VG 1948 in the amount of 15 million euros. This amount shall be allocated among the countries as follows:

Burgenland: .................................................................................... 2.882%

Carinthia: ......................................................................................... 6.065%

Lower Austria: ....................................................................................................... 18, 184%

Upper Austria: .......................................................................................................... 17, 451%

Salzburg: ........................................................................................ 6, 445%

Steiermark: .................................................................................... 13, 210%

Tyrol: ............................................................................................................................ 8.651%

Vorarlberg: .................................................................................................................. 4.967%

Vienna: ......................................................................................................................... 22, 145%

(2) The country in question shall make available for the measures in accordance with Art. 5 in equal parts financial resources such as the Federal Government. The financial resources of the municipalities, which will be made available in addition to these measures, shall be included in the co-financing of the country concerned. No co-financing shall be required for the purposes of the purposes referred to in Article 5 (4) and (5), provided that the country co-finances the development measures in accordance with Article 5 (1), (2) and (3) with a corresponding additional amount.

(3) If the agreement does not enter into force for a country or several countries in a calendar year, the share of the Federal Government's special purpose grant shall be increased for the other countries in accordance with the recalculation of the distribution key within the meaning of Section 1.

Article 5

Dedicating the Federal subsidy

(1) The purpose grant of the Federal Government pursuant to Art. 4 shall be granted for the creation of additional childcare places in institutional childcare facilities for under-three-year-olds at the following level:

1.

EUR 1 500 per year for each child, in addition to the facilities referred to in Art. 3 Z 3;

2.

EUR 2,500 per year for each child, in addition to the facilities referred to in Art. 3 Z 4;

3.

EUR 4,000 per year for each child, in addition to the facilities in accordance with Art. 3 Z 5.

(2) The respective country may be up to a maximum of 25% for three to six-year olds, but up to 100% of the Federal Government's special purpose grant for the under-three-year-olds in accordance with Art. 4 for the creation of additional childcare places in institutional Use child care facilities. With regard to the amount of the grant, paragraph 1 shall apply to any additional child of this age group.

(3) In 2011, the respective country may be 20% of the federal government grant, 20% in 2012 of the Federal Government's special purpose grant, 10% of the Federal Government grant in 2013 and 5% of the Federal Government's special purpose grant in 2014 to cover costs. use for extended opening hours to the following extent:

1.

at least 47 weeks in the kindergarten year and at least 4 weeks more than in relation to the previous year of the kindergarten and

2.

at least 30 hours per week and at least 5 hours per week more than in comparison with the previous year of the kindergarten.

(4) The respective country may use the special purpose grant of the Federal Government in accordance with Article 4 for investments in the new creation of childcare services in the case of day-mothers and-fathers in the respective grant year. In this case, the grant shall be 750 euros for each additional day-mother and/or each additional day-mother. Father.

(5) The respective country may use the special purpose grant of the Federal Government in accordance with Art. 4 for the training of day-mothers and fathers in the respective grant year. The grant for training courses for day-care mothers and fathers is:

1.

750 Euro per person and course,

2.

1,000 euros per person and course, which was awarded the "Training Course for Day Mütters and Fathers" by the Federal Ministry of Economic Affairs, Family and Youth.

(6) The respective country may use up to 50% of the Federal Government's special purpose grant pursuant to Art. 4 for the purposes referred to in paragraphs 4 and 5 of this Article.

Article 6

Accounting of the Federal subsidy

(1) The additional supervision of under-three-year-olds and at most three-to six-year-olds as well as the extended opening hours according to Art. 5 are determined on the basis of the annual children's daily home statistics of the Bundesanstalt Statistik Österreich, with the following: the difference to the result of the respective preceding day-care home statistics forms the basis for the calculation of the amount of the claim on purpose grant of the federal government. For the first time, the results of the children's day home statistics 2010/2011 (deadline: 15. October 2010) with 2011/2012 (reference date: 15. 10 October 2011). In the case of the use of the grant referred to in Article 5 (3), the country concerned shall have additional evidence of the costs of extending the opening hours.

(2) In the event of the use of the grant referred to in Article 5 (4) and (5), the country concerned shall demonstrate the use of this part of the grant in a dedicated manner as follows:

1.

by proof of the number of additional permits for day-mothers and fathers in the calendar year (for the first time in the calendar year 2011), and

2.

by proof of the number of completed trainings pursuant to Art. 5 (5) (5) (1) and (2) of day-care mothers and fathers in the calendar year (for the first time in the calendar year 2011).

(3) The Federal Ministry for Economic Affairs, Family and Youth and the Federal Chancellery of the Federal Republic of Germany, until 30 June of a calendar year, for the first time as of 30 June 2012, for the last time as of 30 June 2015, shall have a statement on the use of the Federal Government's to submit grants. The list of childcare services in question, together with the grants awarded to them and their purpose, must be clear from the list. The country shall also present the national funds spent in the preceding calendar year for the purposes referred to in Article 5.

(4) Purpose grants which cannot be settled in a calendar year may be used in the following calendar year and are to be billed together with the appropriations of this year.

(5) The country shall reimburse the Federal Government's grant for the relevant calendar year to the extent that it has been granted in the calendar year concerned.

1.

the use of the grants has not been demonstrated, on the basis of the amounts referred to in Article 5, or

2.

the country has not granted grants for purposes pursuant to Art. 5 to the same parts as the Confederation from additional funds.

(6) Paragraph 5 also applies to special purpose grants of the agreement in accordance with Art. 15a B-VG on the extension of the institutional childcare provision, BGBl. II No 478/2008, in respect of which the use of such products could not be demonstrated.

(7) For each calendar year, the settlement shall be submitted separately to the Federal Ministry for Economic Affairs, Family and Youth as well as to the Federal Chancellery by 30 June of a calendar year, for the first time by 30 June 2012, the last of which shall be 30 June 2015. On behalf of the Federal Government, the Federal Ministry of Finance, in agreement with the Federal Ministry for Economic Affairs, Family and Youth, and the Federal Chancellery, are appointed by the Federal Ministry of Finance to decide on the settlement.

Article 7

Adaptation of laws

The necessary federal and state regulations for the implementation of this agreement are retroactive with 1. Jänner 2011 in force. Countries will not increase the maximum number of children in children's groups (crèches) provided for in national legislation, with a view to implementing institutional childcare provision, and the minimum number of children will be given the minimum number of children. Do not reduce caring for children's groups (crèches).

Article 8

Federal payments

(1) The payment of the Federal subsidy pursuant to Art. 4 (1) shall be made in 2011 in December 2011. In the following years 2012 to 2014, the payment will be made in two equal installees, each in June and in December of each calendar year, on the account announced by the country.

(2) The payment shall be made by the Federal Ministry of Finance. The disbursals can be subject to any repayment obligations (Art. 6 (5) and 6 (6)).

Article 9

Evaluation and Controlling

The use of the intended grants as well as the impact of the promotion shall be evaluated in agreement between the contracting parties. The Federal Government has the right to review the use of the special purpose subsidies as well as the application of additional funds by the Länder at any time.

Article 10

Quality assurance

The contractual partners agree to draw up nationwide recommendations on minimum standards in child care in order to ensure the quality of care in childcare services.

Article 11

In-force pedals

(1) If the conditions necessary for the entry into force after the Federal constitution are met by the end of November 30, 2011, this agreement will take place retroactively with 1. Jänner 2011 between the federal government and the country respectively to those countries which, by the end of 30 November 2011, comply with the conditions required by the country's constitution for the entry into force of the Federal Chancellery, and communicate this to the Federal Chancellery.

(2) Until the end of 30 November 2011, the conditions for the entry into force after the Federal constitution shall not be met or if no country fulfils the conditions set out in paragraph 1 above, this agreement shall enter into force as soon as the following 1. This year in force, in which the conditions are fulfilled.

(3) After the entry into force of the agreement between the Federal Government and at least one country in accordance with para. 1 or 2, the agreement shall be in each case 1. This year shall take effect in which the conditions laid down in paragraph 1 shall be met by the end of 31 March.

(4) In the cases referred to in paragraphs 2 and 3, by way of derogation,

a)

, Article 6 (1), the corresponding children's day-care statistics for the first comparison;

b)

of Article 6 (7) of the corresponding date for the first transmission of the settlement;

c)

of Art. 7 of the 1. Jänner of the year of the respective in-force tretens;

d)

of Article 8 (1) of the corresponding date for the first-time payment.

(5) The Federal Chancellery shall communicate to the Länder the fulfilment of the conditions set out in paragraphs 1, 2 or 3.

(6) After 31 December 2012, the conditions for the agreement can no longer be met for the first time.

Article 12

Duration

This agreement shall not apply to the respective country with the settlement of the Federal subsidy granted to him in accordance with Art. 6.

Article 13

Original

This Agreement shall be drawn up in a single original. The original text will be deposited with the Federal Chancellery. This has to transmit certified copies of the agreement to all contractual partners.

The Agreement shall enter into force in accordance with Art. 11 (1). Jänner 2011 between the federal government and the countries of Burgenland, Carinthia, Lower Austria, Upper Austria, Styria, Tyrol, Vorarlberg and Vienna in force.

Faymann