Agreement Between The Federal, The State And The Municipalities On A Continuation Of Stability-Oriented Budgetary Policy (Stability Pact 2011)

Original Language Title: Vereinbarung zwischen dem Bund, den Ländern und den Gemeinden über eine Weiterführung der stabilitätsorientierten Budgetpolitik (Österreichischer Stabilitätspakt 2011)

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997895/vereinbarung-zwischen-dem-bund%252c-den-lndern-und-den-gemeinden-ber-eine-weiterfhrung-der-stabilittsorientierten-budgetpolitik-%2528sterreichischer-stabi.html

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Agreement between the Federal, the State and the municipalities on a continuation of stability-oriented budgetary policy (stability pact 2011)

The Federal Government, represented by the Federal Government, and the countries of Burgenland, Carinthia, lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg and Vienna, each represented by the Governor, and the municipalities, by the Austrian Federation of municipalities and the Austrian Association of cities,

-have agreed based on the constitutional law on appropriations of the Austrian Association of municipalities and the Austrian cities and on article 15a of the Federal Constitution Act to conclude the following agreement:

Article 1

Coordination to the sustainability of the budgetary

(1) Federal, State and municipal strive for lasting overall households in their financial management and coordinate their financial management in regard to this goal according to this agreement. Together, they are sustainable compliance with the criteria on budgetary discipline-based make sure article 121, 126 and article 136 of the Treaty on the functioning of the European Union (TFEU), in particular with regard to the rules of secondary legislation.

(2) to settle federal, State and municipal a system of information and budgetary coordination, as well as each service to stability contributions according to the terms of this agreement (agreed stability posts). An agreed contribution of stability can be a regular contribution to stability for the year in question to be, a contribution of stability allowed reduced for the year in question or a stability contribution for the year in question required increased according to the conditions existing for a year.

Article 2

Federal stability contribution

(1) the Federal Government is committed to make its budget policy, so stability-oriented that the deficit in the federal budget for the year 2011 up to 3.1% of GDP for the year 2012 2.7% of GDP for the year 2013 up to 2.4% of GDP and maximum extension of the FAG 2008 until the year 2014 for the year 2014 1.9% of GDP maximum (regular contribution to stability of the Federal Government).

(2) undershooting of the ordinary annual stability contribution up to a maximum total 0.25% of GDP in the year in question are allowed, but only to the extent this maximum amount not already for the previous year has been exhausted (reduced stability contribution). The amount of the shortfall is to compensate (increased stability contribution) in the following year.

Article 3

Stability contribution of countries

(1) the countries (including Vienna) are committed to stability-oriented to make its budget policy, that the combined deficit of the country households for the year 2011 maximum 0.75% of GDP for the year 2012 maximum 0.6% of GDP for the year 2013 maximum of 0.5% of GDP and for extension of the FAG 2008 until the year 2014 for the year 2014 is maximum of 0.5% of GDP (regular contribution to stability of countries).

(2) the stability contributions of individual countries (Vienna as a province and a municipality) to the obligation referred to in paragraph 1 are set (ordinary stability contributions of countries) as follows:

 





 





Proportion of the contribution of the stability







Countries





2011





2012





2013





2014







Burgenland





-2,049%





-2.055%





-1,729%





+ 0,577%







Carinthia





-7,703%





-8,875%





-9,776%





-10,279%







Lower Austria





-19,458%





-17,674%





-18,895%





-20,980%







Upper Austria





-14,811%





-18,719%





-18,656%





-16,775%







Salzburg





-5,559%





-6,798%





-7,434%





-8,254%







Styria





-20,987%





-22,262%





-18,152%





-13,276%







Tyrol





-1,682%





-0,618%





+ 0,848%





+ 0.423%







Vorarlberg





-2,965%





-3,739%





-4,213%





-4,953%







Vienna





-24,786%





-19,260%





-21,993%





-26,483%







Sum





100,000%





100,000%





100,000%





100,000%





 

(3) worsening deviations from the regular annual stability contribution per country up to a maximum, which results from the to be applied in accordance with the FAG in the respective year resident at total 0.15% of GDP in the year in question, are allowed, but only to the extent this maximum amount not already for the previous year has been exhausted (reduced stability contribution). The amount of the shortfall is to compensate (increased stability contribution) in the following year.

Article 4

Stability contribution of municipalities

(1) the municipalities (without Vienna) agree that each country wise through a balanced financial result the General Government consolidation path to contribute to (regular stability contribution of the municipalities).

(2) temporary undershooting of the ordinary annual contribution of stability up to following shares in % of the GDP of the year (reduced stability post) are as follows:

 





Communities of the countries





Share in % of GDP







Burgenland





0,00411%







Carinthia





0,00858%







Lower Austria





0,02363%







Upper Austria





0,02125%







Salzburg





0,00811%







Styria





0,01826%







Tyrol





0,01054%







Vorarlberg





0,00552%







Sum





0,10000%





 



but only to the extent this maximum amount not already for the previous year has been exhausted. The amount of the shortfall is to compensate (increased stability contribution) in the following year.

Article 5

Transfer of surplus

The municipalities of liberty federal, State, and country, to transfer budget results with each other, as far as the respective ordinary stability contribution will be exceeded by written agreement. Such agreements are the basis for the sanctions mechanism. Multiple credits do not take place. The Austrian Coordination Committee is to communicate.

Article 6

Budgetary coordination

(1) for the effective implementation of these obligations, their financial management coordinate federal, State and municipal. To set up political coordination committee. Decisions in these bodies be made by mutual agreement.



(a) for the budgetary coordination between federal, State and local (municipal and Association of cities), an Austrian co-ordination Committee whose representatives formed at the Federal Ministry of finance.

(b) for the coordination of the budget, countries coordinating committees are made in the individual countries (with the exception of Vienna) in the relationship between State and municipalities in which the representatives of the country, the respective national associations of the Austrian Association of municipalities and the Austrian Association of cities are represented.

(c) the Coordinating Committee are to convene on request of a Contracting Party by the Federal Minister of finance or by the country concerned. The Austrian Coordination Committee has to meet at least once a year. Further provisions on the organisation and management of the Coordination Committee must be rules in rules of procedure.

(2) subject to the budgetary coordination in the Austrian Coordination Committee are particularly



(a) the advice of the implementation of the agreed commitments of stability;

(b) advice and information about the development of households, the public deficit and public debt, in particular through comparisons of budget development and budget results of federal, the Länder and the municipalities.

(c) the annual acquisition and representation of the personal data of the Federal Government, the countries and country way of municipalities. The form is 1 and the Austrian Coordination Committee each Annex to use up each 30 June of the year to submit; Municipality data are reported together through the land;

(d) the medium-term orientation of financial management, in particular through mutual information and advice; the creation and mutual transmission of a sensitivity analysis;

(e) the recommendation against controlling measures, if a deviation from the agreed stability obligations;

(f) the adoption of measures aimed at the implementation of requirements set by the institutions of the European Union to the implementation of economic and Monetary Union.


(3) subject to the budgetary coordination in the Coordination Committee of the countries you are lit in para 2. a setting, if by municipalities the obligations contained in this agreement are violated f mentioned tasks, further sanctions. The Federal Ministry of finance is to put within four weeks on the deliberations and decisions of countries Coordinating Committee in an appropriate form in knowledge.

(4) developments occur that significantly differ from the original budget, poor. Elimination of the tax proceeds on the basis of the importance of a high-court, in a considerably worse economic development, an other exceptional event that is beyond the control of the relevant local authority and significant impact on their financial situation or changes the ESA interpretation by Eurostat as well as an EU recommendation on the faster correction of the budgetary position, have negotiations on the reduction or increase of the obligation to provide their respective stability contributions to federal, State and municipal.

(5) the task of the Austrian co-ordination Committee in the framework of budgetary coordination is also conducting negotiations for the obligation to provide the respective contributions of stability and, where appropriate, the consensual modification of reporting dates.

Article 7

Medium-term orientation of financial management

(1) Federal, State and municipalities have the medium-term orientation of financial management in accordance with the obligations under this agreement to make sure. Federal, State and municipal have additionally to the Austrian Coordination Committee to each 30 June to report, the communities in the way of the country Coordination Committee. The explanation of budget planning submit the Federal, the State and the communities of this country in the way of countries data or rough plans pursuant to annex 2. Federal and State Governments be - unless already done - the commitment to the medium-term orientation of financial management for their area of competence, that legally binding set countries therefore also for the communities.

(2) Federal, State and municipal will document the link between the estimate and the ESA95 each man-made area by means of a simple table of reconciliation in preparing their annual estimates. You have to orient the stability commitments in the decisions on the annual budget estimates.

Article 8

Austrian stability programme

(1) the Minister of Finance created the draft of Austrian stability programme, taking into consideration the results of budgetary coordination and presents it to the Federal Government for decision. The Federal Minister for finance has then to bring the Austrian stability programme to the National Council, as well as to provide the competent bodies of the European Union. In April a year the Austrian is coordinating Committee to meet and mutually exchange required and available data for the preparation of the Austrian stability programme.

(2) the Federal Government is responsible, who demanded in accordance with the Community rules on budgetary discipline of Austria reports to submit opinions and reports.

(3) of the Austrian stability programme, no, enough about the contents of this agreement obligations can arise for countries and communities.

Article 9

Information system

(1) in order to support the execution of this agreement, a sanctioned information system is agreed. In addition, the agreed budgetary coordination is used for mutual information about matters of financial management.

(2) the sanctioned information system includes the obligations



a) in connection with the reporting of the medium-term orientation of financial management (art. 7) and the representation of the personal data (article 6 para 2 lit. c) b) according to the management statistics regulation (BGBl. II No. 361/2002 as amended by Federal Law Gazette II No. 465/2004) and c) according to the implementation of - Regulation (EC) No. 2223/1996 to the European system of national and regional accounts in the Community (ESA) accounts , - Regulation (EC) No. 264/2000 on the implementation of Regulation (EC) No. 2223/96 with respect to short-term public delivery financial statistics, - Regulation (EC) No 475/2000 and Regulation (EC) No. 351/2002 amending Regulation (EC) No 3605/93 on the application of the Treaty establishing the European Community of annexed Protocol on the procedure for a EDP, - Regulation (EU) No. 679/2010 of amending Regulation (EC) No. 479/2009 in terms of the quality the statistical data in the context of the excessive deficit procedure required statistics on the management in the public sector, and d) to report newly created institutional units (ESA) at the Federal statistics for Austria and the Austrian Coordination Committee within two months. Parent companies, which are attributable to state the sector are excluded from the reporting obligation. In any case to report, however, created institutional units (ESA) are new of hospital companies. Statistics Austria checks - also on federal units - whether the concerned unit attributable to state the sector and to take into account for the calculation of the obligations under this agreement. The result of the test is to inform all agreement partners.

(3) information and reports are in principle to submit in electronic form.

(4) the Federal Agency Statistics Austria has to communicate violations of the information system the conciliation Panel, until the issue of rules of procedure of the arbitration panel in the way of the Federal Ministry of finance, or the land Coordination Committee. Required information must be determined for the time being by estimating. These data are to apply any proceeding. Information arrive late, are estimates - where possible - by the late information to replace.

(5) in the case of culpable breach of information obligations by the federal or the countries, a contribution of the concerned authority in the amount of 10 cents is multiplied with the number of inhabitants of the local authority, but no more than to provide €100 000. The respective arbitration panel will decide whether there is a culpable violation of. The recover of these amounts is FAG at the next advance in accordance with § 12 of 2008. The Federal Government is to proceed accordingly.

(6) in the case of violation of information obligations by municipalities, the country Coordination Committee has adequate measures.

(7) contributions due to violation of obligation to provide of information flow statistics Austria to cover part of the additional costs caused by this agreement to the Federal Agency.

Article 10

Limitation of liability

(1) in 2011, is bundesgesetzlich for the federal level the Federal Government and the countries including Vienna will set legally binding liability limit for the respective provincial and regulated for the respective community.

(2) the nature of the liability is, regardless of the designation of the legal relationship, such as guarantee, guarantee, letter of comfort, etc., that the liability shall upon entry standard liability can be used for the performance.

(3) the liability ceiling be set by federal and Länder (countries for municipalities), that they contribute in this area of financial management to ensure the macroeconomic balance and sustainable child households. You will refer to the areas of responsibility of the authorities under this agreement (ESA).

(4) the scheme of section 1 will contain also the procedure for assumption of liability, in any case, to be specified conditions and information obligations towards the General representative body and rules that assign are liabilities in the accounts of both liability framework and exploitation level.

(5) for guarantees, where a settlement is assumed at least by overwhelming probability, risk provisions are to make. An overwhelming probability of occurrence is individually to assess the risk provision is made for individual liability to hand of this individual liability risk assessment for each assumed liability.

(6) without prejudice to paragraph 5, it can be provided that similar liabilities with respect to risk prevention education be combined into groups of comparable risk. For risk groups is to assume a greater probability of occurrence if the authority in the past has been frequently and over a longer period of time to complete. Risk provisions for risk groups is calculated on the basis of the experience of at least five financial years.

Article 11

Determination of the financial results


(1) the determination of the financial results according to ESA and the liability levels and a report about it to the Austrian Coordination Committee Statistics Austria is done by the Bundesanstalt until late September of the year. Statistics Austria an allegedly illegal deterioration to the agreed goals of stability, stems from the report of the Federal issued pursuant to article 12 para 2 of the Court of Auditors an opinion.

(2) for the calculation of the Maastricht outcome, the rules for the interpretation of the ESA are stated. Financial results of the Chambers are not attributable to the authorities.

(3) the necessary agreements with the Federal statistics for Austria are to complete by the Federal Ministry of finance.

Article 12

Sanction mechanism

(1) to secure the stability obligations of this agreement, a sanction mechanism is established.

(2) on the basis of the report of the Federal Statistics Austria created the Court of Auditors mutatis mutandis after the article 127 paragraph 5 B-VG procedure an opinion, whether and to what extent according to the provisions of this agreement by the Federal Government, a State or by the municipalities of a country misses the agreed stability contribution, or liability upper limit exceeded. For the municipalities, representatives of the Austrian League of towns and the Austrian Association of municipalities to express of an opinion are entitled. During this test, expenditure/payments are



(a) for measures to stabilize the international financial market, with which decisions of international institutions or institutions implemented, insb. Measures in accordance with the balance of payments Stabilization Act (ZaBiStaG), as well as b) ESP. for actions federal, the Länder and the municipalities to the stability of the Austrian financial market. Measures referred to in the interbank market support Act (IBSG) and the financial market stability Act (FinStaG) not to take into account.

(3) no penalty is applied, as far as agreement adverse undershooting of the agreed contribution of the stability computationally are covered in one year by surpluses, which are provided by a different local authority and that not already in accordance with article 5 has been. Such a calculated coverage takes place only for the year in question. Surpluses of communities (country wise) used (country wise) to the calculated coverage by undershooting of the communities. Surpluses of countries be used to calculated cover of undershooting of the countries. Remaining surpluses be used to calculated cover of undershooting of all other Contracting Parties. Several Stabilitätsverpflichteter depends on the calculated cover of undershooting compared of the distribution of community federal taxes in the affected year.

(4) is established by the Court of Auditors, that is were not provided the agreed annual contributions of stability or liability upper limit exceeded an arbitration body to deal and to convene without delay.

(5) by the Federal Government or by a country agreed stability contributions not provided or liability cap is exceeded, the conciliation panel consists of two of the Federal Minister of finance, and two members nominated by the countries. A member is nominated for the countries by the respective Chairmen of the land main man Conference and the subsequent Presidency Governor. The respective successor as legitimate nomination occurs when prevention in accordance with the penultimate sentence. The communities can send up to two observers. Agreed stability contributions are not provided by the municipalities of a country, the conciliation panel consists of two of the Federal Minister of finance and of two members nominated by the municipalities. A member is nominated for the communities of the Austrian Association of municipalities and the Austrian Association of cities. The countries can send up to two observers. Representatives of the concerned country (country municipalities) can neither nominate nor be nominated as members of the arbitration panel. Observers are nominated by the same rules as members. The arbitration panel will be convened as the Austrian Coordination Panel. The Arbitration Committee is resolutionable, if it is duly convened and at least three members are present. If this quorum is not reached, so she shall be convened once again to same agenda after a period of at least 14 days. In this case, the requisite quorum number of presence on two members will be reduced.

(6) the Arbitration Panel decides by common accord whether and to what extent a sanction contribution is payable according to the terms of this agreement from the Federal Government, a State or by the municipalities of a country.

(7) no sanction contribution is to provide, as far as the relevant provisions of article 15 to the application come.

(8) the dispute resolution Panel shall decide in due time so that a possible sanction can be done until the end of February of the second following year. The arbitration panel may decide an earlier of performance.

Article 13

Penalty post

The sanction contribution in violation of the stability contribution para 7 15% of improper below the stability contribution, taking into account article 12.

Article 14

Sanction proceedings

(1) a sanction is to bring FAG 2008 in six monthly installments will be deducted according to the decision of the Arbitration Panel, at the latest on February of the second following year, through the Federal Ministry of finance performance of advances on the income shares in the community federal fees in accordance with §12 and to apply usefully to a special account in the name and on behalf of the affected countries and communities. The Federal Government is to proceed accordingly.

(2) the stability contribution agreed for the following year are provided in the following year of a lack of stability orientation, is to resolve the special account and the sanction contribution with interest the relevant authority to transfer.

(3) the stability contribution agreed for the following year is not provided in the following year of a lack of stability orientation, will forfeit a sanction contribution with interest for the benefit of those Stabilitätsverpflichteten, which exhibit the agreed stability posts.

(4) the distribution of a sanction fee is a third on federal, State and municipal. Who has to make a sanction contribution, is not included in the distribution. The distribution according to FAG on countries and communities the ratio of community federal taxes after the last shall in accordance with § 12 2008 after deduction of the advance copies.

(5) the obligation for any renewed a penalty fee is not affected by the distribution.

Article 15

Delivery failures

(1) the proceeds from an exclusive levy is reduced by a ruling of a high court or it comes as a consequence of such judgment to the repayment (credit) tax income dividends to, the Federal Government through appropriate proposals of the authorities concerned creates legal frameworks for exclusive duties of the authorities concerned that nationwide to create a far as possible replacement.

(2) until the entry into force of such a scheme is the agreed stability fee from the refund reduced the proposals of the authorities concerned according to.

Article 16

Sanctions ordered

(1) Federal, State and municipal must bear the burden of any financial penalties in accordance with article 126 and 136 of the Treaty on the functioning of the European Union (TFEU) in the ratio of their agreement adverse deviations from the General Government consolidation path in the underlying the sanction years. Sanction contribution in accordance with articles 12 and 13 for the year, to which the sanctions referred to in article 126 and 136 of the Treaty on the functioning of the European Union (TFEU) refers to entirely replace such payments.

(2) these amounts are brought in at the time following advances in accordance with § 12 2008 FAG. The Federal Government is to proceed accordingly.

Article 17

Transparency

(1) resolutions and reports on the basis of this agreement are to make available the agreement parties and the general public through publication on the homepage of the Federal Ministry of Finance of the Federal Ministry of finance. That the reports of the Federal Agency are Statistics Austria, the decisions of the Coordinating Committee (National Coordinating Committee and Austrian Coordination Committee), the decisions of the Arbitration Panel, data provision provided for in annexes 1 and 2, as well as the reconciliation table referred to in article 7 paragraph 2, after referral to the arbitration panel opinion of the Court of Auditors and any opinion of the concerned authority in complete form, the annual stability programme and recommendations of the Council , the regulations adopted in implementation of this agreement.


(2) Federal, State and municipalities will ensure the transparency of their estimates and accounts by adding a simple reconciliation table between the administrative result and the result of the ESA. Starting point is the cross section of the invoice in countries and communities, supplemented by the ESA results of outsourced public sector institutional units which are under this agreement of the respective local authority.

Article 18

Deposit

This agreement is issued in a single original. The original copy is deposited with the Chancellor's Office. This shall transmit certified true copies of the agreement all parties.

Article 19

Entry into force

(1) this agreement is January 1, 2011 in force, once



1. the requirements for the entry into force according to the constitutions of the country are met and the messages of the countries are at the Federal Chancellery, and 2. the requirements for the entry into force according to the Federal Constitution are met.

The reporting obligations laid down in articles 6 and 7 are to perceive with the date following each entry into force.

(2) this agreement not effective until 31 December 2011 pursuant to par. 1 and have until then at least the Federal Government and at least one country or at least the communities represented by the Austrian Federation of municipalities and the Austrian Association of cities which meet conditions required for an entry into force of the agreement for those parties effective retroactively with January 1, 2011. Accessions of other designated parties with retroactive effect are possible on the 1st January of the current year.

(3) the Federal Chancellor's Office will share according to paragraph 1 or paragraph 2 the countries and communities with the fulfilment of the conditions.

Article 20

Period of validity

(1) this Agreement shall cease to be power, as soon as the agreement between the Federal Government, I no 35/1999, due to a termination by the Federal override the countries and the communities on a consultation mechanism and a future stability pact of authorities, Federal Law Gazette, at the latest with expiry of the FAG of 2008. The FAG of 2008 will be extended until 2014.

(2) the legal consequences provided for the case of violation of terms of this agreement are valid even after the expiry of this agreement.

(3) for the duration of this agreement is the effectiveness of the agreement between the Federal, the State and municipalities concerning the coordination of the financial management of federal, State and local - stability pact, Federal Law Gazette I no. 101/1999, exposed.

(4) the validity of the agreement between the Federal Government and I no 35/1999, will the countries and the communities on a consultation mechanism and a future stability pact of authorities, Federal Law Gazette by concluding or expiry of this agreement without prejudice.

(5) the agreement partners undertake to open negotiations about adapting this agreement to revised EU legislation in time, with the aim of a timely entry into force of the amended agreement and any complementary federal and national regulations.

Article 21

Transitional provisions

The Austrian stability pact 2008 is for the parties to this agreement with the entry into force of the EAP 2011 each retroactively force on January 1, 2009. Article 20 para 3 is still the years 2009 and 2010 to apply.

The agreement enters into force pursuant to its article 19 paragraph 1 with January 1, 2011.

Faymann