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Agreement Between The Federal Government And The Countries In Accordance With Article 15A B-Vg A Nationwide Demand Minimum Backup

Original Language Title: Vereinbarung zwischen dem Bund und den Ländern gemäß Art. 15a B-VG über eine bundesweite Bedarfsorientierte Mindestsicherung

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Agreement between the Federal Government and the Länder in accordance with Art. 15a B-VG on a nationwide requirement-oriented minimum assurance

The Federal Government, represented by the Federal Government and the Länder, in each case represented by the Landeshauptmann/Landeshauptfrau-hereinafter referred to as the Contracting Parties-agrees to conclude the following agreement in accordance with Art. 15a B-VG:

Section 1


Article 1


On the basis of the federal structure of Austria, the parties agree to establish a nationwide demand-oriented minimum security for the purpose of stepping up the fight against and prevention of poverty and social exclusion. The requirement-oriented minimum security should promote a lasting (re-) integration of their recipients into the working life.

Article 2


(1) Demand-oriented minimum security is provided by lump-sum cash benefits for securing the living and living requirements, in each case outside of stationary facilities, as well as by those in the event of illness, pregnancy and chili-ation. to provide the necessary services. This has to be done within the scope of legal claims, unless otherwise specified in this agreement.

(2) The performance of the needs-based minimum security shall be subsidiary. Unless otherwise specified in this Agreement, the Services shall therefore, as previously, be determined by the absence of sufficient coverage of the respective needs by own means or by third party services and by the readiness to use the to be made dependent on their own work force.

(3) In the provision of services of minimum requirements, the provision of advice and assistance in order to avoid and overcome social emergencies and to achieve sustainable social stabilisation is also to be ensured. In the case of persons who are capable of working, measures which are necessary for a far-off and lasting (re-) integration into the working life are also included.

(4) The obligations arising from this Agreement shall be minimum standards to be guaranteed throughout Germany. The provision of further services or the granting of more favourable conditions shall remain uncommon to each Contracting Party. The current level of budgetary performance must not be worsened by the provisions adopted in the implementation of this Agreement.

Article 3

Captured Demand Areas

(1) The livelihood includes the regular recurring effort for food, clothing, personal care, household supplies, heating and electricity, as well as other personal needs such as adequate social and cultural participation.

(2) The housing requirements shall include the regular recurring expenses for rent, general operating costs and levies, which are necessary for ensuring an adequate housing situation.

(3) The protection in the event of illness, pregnancy and chili-tion shall include all benefits in kind and benefits which are provided to recipients of a compensatory allowance from the pension insurance scheme in the statutory health insurance scheme.

Article 4

Group of persons

(1) The provision of minimum requirements shall, subject to paragraph 3, be provided for all persons for the duration of their habitual residence in the territory of the country who are not in a position to cover the areas referred to in Article 3 of this Directive.

(2) Full-year persons are entitled to have their own right to apply and to have a party status in the proceedings. These rights may not be restricted unless the performance of the requirement-oriented minimum assurance is provided only as an Annex to a social security or supply-legal service which is due to another person. Persons referred to in paragraph 1 shall nevertheless be entitled to benefit from the provision of minimum security requirements, even on behalf of the persons living with them in the common household, who are dependent on their dependants or who live with them in the life community. .

(3) Legal claims to benefits of the minimum requirements for the provision of requirements shall be provided for all persons who are entitled to stay on a permanent basis in the country. In any case,


Austrian nationals, including their family members;


Persons entitled to asylum and eligible for subsidiary protection;


EU-/EEA citizens, Swiss nationals and their family members, in so far as they would not lose their right of residence through the receipt of these benefits;


persons with a residence permit "permanent residence EC" or "permanent residence family";


Persons with a certificate of establishment or an open-ended residence permit.

(4) No permanent residence within the meaning of paragraph 3 lies in particular in the case of non-employed EU/EEA citizens and Swiss nationals and their family members, in each case during the first three months of their stay, asylum seekers and in the case of persons who were allowed to enter (tourist) on the basis of a travel visa or without a visa. The obligations under the basic supply agreement-Art. 15a B-VG (BGBl. I n ° 80/2004) shall remain unaffected.

Section 2

Commitments of the Federal Government

Article 5

Compensatory allowance and comparable services

(1) The Federal Government guarantees all recipients of a pension from the statutory pension insurance a requirement-oriented minimum security in the form of the compensatory allowance in accordance with § § 292 et seq. ASVG, taking into account Art. 10 (2) and (3) Z 1 lit. (a) This agreement; the compensatory allowances should be increased annually in accordance with the provisions of the pension legislation. This also applies analogously to all other minimum federal legal standards, the definition of which is currently based on the compensatory allowance.

(2) The increase for children due to the compensatory allowance rate (§ 293 para. 1 last sentence of the ASVG) shall be the subject of the Article 10 (3) (2) (2) (2) lit. a adjusted by the countries to be granted minimum standard minus the child subsidy (§ 262 ASVG).

Article 6

Unemployment insurance

The Confederation reinforces the minimum securing elements in the unemployment insurance scheme:


an increase in the level of emergency aid for persons in which the daily basic amount of the previous unemployment allowance does not exceed 1/30 of the compensatory allowance for lone persons, by corresponding figure of the net replacement rate of the Unemployment benefits of up to 60% (for family surcharges: up to 80%) of previous income;


To ensure that the income of the spouse (the partner or the partner) is charged on the basis of the calculation of income. the life-threatening person) is not due to the claim for emergency assistance a lesser amount than is provided for in accordance with Article 5 of this Agreement for compensatory allowances with spouses and any children who are due.

Article 7

One-Stop Shop

(1) The Federal Government ensures equal access to the services of the Labour Market Service (§ 32 AMSG) for all job seekers available within the meaning of § 7 of the AlVG (§ 32 AMSG) and will be provided in its labour market policy, in particular by General objectives for the labour market service in accordance with § 59 AMSG ensure that recipients of services of the needs-oriented minimum security in access to measures of the labour market promotion are equal to those of other job seekers will be treated. This also includes the conclusion of a care agreement and the review of the job-seeker's efforts to integrate into the labour market.

(2) The Confederation also ensures that the labour market service


all persons who benefit from the services of the Labour Market Service,


offers the necessary information on the performance of the needs-based minimum security, and


Requests for benefits of the minimum requirements-oriented security, as well as the non-examination and without unnecessary postponing, to the institution of the requirement-oriented minimum assurance, which is known according to the labour market service. where the address is responsible,


provides the countries with the information to be provided with the assistance of automation, if the persons who are looking for work have to behave in accordance with the requirements of the minimum requirements-oriented minimum insurance, which would result in sanctions, a postponement or the rest of the Performance gem. § § 10, 11 and 16 of the AlVG or legal consequences according to. § § 49 and 50 of the AlVG would lead or lead.

(3) The Länder shall become the national organizations of the Labour Market Service in order to carry out their tasks in accordance with. The provisions of paragraph 1 and paragraph 2 shall be made available.

Article 8

Health insurance

(1) Persons who are not covered by statutory health insurance as compulsory insured persons and the persons belonging to them under Article 4 (2) shall, for the duration of the payment of benefits of the needs-oriented minimum insurance after Article 10 or 11 (1) is included in the statutory health insurance. They will then be subject to the same benefits as for compensatory allowances.

(2) The sickness insurance contribution for persons referred to in paragraph 1 to be paid by the Länder shall be equal to the amount provided for by and for compensatory allowances for persons in the ASVG.

(3) If the health insurance contributions to be paid by the countries cannot cover the actual expenditure incurred by the sickness insurance providers, the Federal Government shall take over the difference.

Section 3

Commitments of countries

Article 9

Competence of the countries

(1) For all persons in whom the requirements of Article 3 are not covered by benefits under the second paragraph of this Agreement, the countries shall ensure the necessary performance of the minimum requirements-based security in accordance with the conditions laid down in Provisions of this section.

(2) The obligation referred to in paragraph 1 shall apply to that country in which the person claiming the benefits of the requirement-oriented minimum security has its principal residence or, in the absence of such a person, his habitual residence. The agreement under Art. 15a B-VG between the countries on the rate of cost of social assistance remains unaffected.

Article 10

Minimum standards

(1) Countries shall ensure, in accordance with Article 4 of this Agreement, monthly cash benefits for the purpose of covering the life of the person (Art. 3 para. 1) and the reasonable accommodation requirement (Art. 3 (2) as minimum standards.

(2) The initial value is the sum of the amount of the amount of the contribution to the health insurance which is to be retained on a monthly basis for all-time compensatory allowances. This minimum standard applies to single parents and single parents.

(3) The minimum standards for other persons shall be the following percentages of the initial value as set out in paragraph 2:


for full-year persons who live in the common household with other full-year adults:


per person



as from the third person entitled to benefit, if that person is dependent on another person in the common household



for minors who are entitled to family allowances and who are living in the common household with at least one full year old:


for the oldest, second-and third-eldest of these children



from the fourth-oldest child


(4) The minimum standards referred to in paragraphs 2 and 3 shall be guaranteed 12 times a year.

(5) The minimum standards referred to in paragraphs 2 to 4 shall be increased at the beginning of each calendar year by the same percentage as the compensatory allowance rates.

(6) The cash benefits referred to in paragraphs 2 to 4 may exceptionally be replaced by benefits in kind, if this is the case. It is better to achieve a life-saving coverage of the objectives of the minimum needs-based minimum security.

Article 11


(1) Countries should ensure additional services, at least on the basis of private law, if the minimum standards of Article 10 do not fully cover the adequate housing requirements. This is to be assumed if the appropriate housing costs exceed the level of 25% of the respective minimum standards pursuant to Art. 10 (2) and (3).

(2) Services to cover the accommodation needs can be paid out to third parties if it prevents the threat of a threat or otherwise achieves better coverage of the demand-oriented minimum security coverage of the residential needs can be.

Article 12

Additional benefits

For special needs which are not covered by the flat-rate benefits under Articles 10 and 11, the Länder may provide for additional cash or benefits in kind, at least on the basis of private law.

Article 13

Consideration of third party services and own resources

(1) In the assessment of services according to Articles 10 to 12, they are intended to cover their own needs (or respectively). shall be taken into consideration by those persons belonging to third parties, income and assets, which are available under Art. 4 (2). The benefits of third parties also include that part of the income of the dependants living in the common household, or the life-mate or the partner of life who is the person who is responsible for that person in accordance with Article 10 (3) (1) (1) (1). a provided for minimum standard.

(2) Services in accordance with Art. 10 to 11 shall be made subject to the fact that the person claiming these benefits pursues a claim against third parties on demand, insofar as this is not apparently hopeless or unreasonable. In any case, it is necessary to ensure that the necessary cover is immediately necessary. The claims can also be transferred to the competent institution for their legal proceedings.

(3) The following income may not be taken into account in the context of paragraph 1:


Voluntary contributions of the free administration of welfare or services provided by third parties without any legal obligation, except for the extent or duration of which no benefits shall be required by Art. 10 to 12 would be;


Benefits under the 1967 Family Tax Equalization Act (excluding benefits from family hospice hardness compensation) and child ablation amounts (§ 33 para. 4 Z 3 lit. a EStG 1988);


Care allowance in accordance with national or national regulations or other care-related cash benefits.

(4) The recovery of assets may not be required if, as a result, an emergency could only be triggered, extended or the overcoming of such a situation could be jeopardizated. This is particularly the case with:


objects which are necessary for the exercise of the labour market or the satisfaction of appropriate mental-cultural needs;


objects to be considered as adequate household goods;


Motor vehicles which are required by the profession or due to special circumstances (in particular, disability, inadequate infrastructure);


Savings up to a free amount in the amount of five times the initial value under Art. 10 (2).


Other assets other than immovable property, insofar as they do not exceed the amount of the free amount after Z 4 and as long as the benefits are in nature 10 to 12 shall not exceed six months immediately consecutive months, with previous uninterrupted reference periods for the six-month period of at least two months shall be taken into account if they are no longer than two years before the re-start of the reference.

(5) For the time being, the recovery of immovable property shall be dissected if it is used to cover the immediate housing requirements of the person claiming benefits under Articles 10 to 12 and the persons belonging to it under Article 4 (2). Where benefits are referred to for more than six months immediately following consecutive months, the replacement requirement may be guaranteed in a basic form, including earlier uninterrupted reference periods for the six-month period of at least two months shall be taken into account if they are no longer than two years before the re-start of the reference.

Article 14

Use of the labour force

(1) Services in accordance with Articles 10 to 12 shall be made subject to the readiness to use their labour force in the case of persons who are capable of working, even if they are persons belonging to Article 4 (2), in so far as they are based on legal provisions. Rules on the taking up and pursuit of employment are justified.

(2) In this connection, consideration should be given to the personal and family situation of the person seeking assistance and, in principle, with regard to the employability and the reasonableness of employment, by the same criteria as in the case of emergency aid (or in the case of unemployment benefit from the criteria laid down in this case).

(3) The use of the labour force shall not be required by persons who:


have reached the standard retirement age in accordance with the ASVG;


Have the obligation to provide care for children who have not yet completed the third year of life and who cannot do any employment, because there are no suitable childcare facilities;


Care for dependants (§ 123 ASVG), who receive a care allowance of at least level 3, predominantly;


(§ § 14a, 14b AVRAG) to accompany or be accompanied by children with severe illness;


in an already before the completion of the 18. This year, they have been in the process of being trained in a target-oriented and targeted way.

(4) Services in accordance with Articles 10 to 12 may be reduced if, despite written warning, there is no willingness to use the working force to be reasonably expected. In principle, this may only be carried out in stages and maximally by up to 50%, a further reduction or total abduction is only permitted in exceptional cases and in special cases. This shall not affect the coverage of the residence requirement of the unemployed person and of the persons belonging to them in accordance with Article 4 (2) thereof. In addition, the livelihood of the persons unwilling to work pursuant to Art. 4 (2) shall continue to be ensured.

(5) For persons who are subject to benefits in accordance with Articles 10 to 12 or after a longer period of inactivity or for the first time to take up gainful employment, an appropriate allowance is to be granted from the income obtained from it. In any event, such an allowance shall be provided for after six months of benefits under Articles 10 to 12 to the extent of 15% of the net monthly income, and shall be guaranteed at least for the first 18 months of employment. The allowance shall be at least 7% and not more than 17% of the initial value in accordance with Article 10 (2).

Article 15


(1) In the case of benefits pursuant to Articles 10 to 12, only substitutes may be required by the respective recipients if they have subsequently reached a fortune which is not generated by their own activity and which can be used for the purposes of Article 13 (4), or if a property referred to in Article 13 (4) has been secured in accordance with Article 13 (5). In this respect, replacement may also be required of the heirs of that person. Refund requirements shall remain unaffected, in particular due to the loss of income, the conscious concealment of income or property or violation of notification obligations.

(2) In the case of benefits under Articles 10 to 12, a third party may be required to make a replacement if the relevant service provider has, for the same period of time, the third party against claims which are at least partially covering the needs of the third party in accordance with Art. 3 Paragraph 1 and 2 would have served.

(3) A replacement for the services referred to in paragraph 2 may not be required by:


Children, grandchildren or grandparents of (former) recipients of benefits;


Parents of persons who have received benefits after reaching the age of majority;


Persons to whom (previous) recipients of benefits have transferred assets without adequate consideration.

(4) Replacement obligations under subsection (1) or (2), which are not covered by the basic booklet, shall be refused at the latest after three years from the end of the calendar year in which the benefits in question have been provided.

Article 16

Access to benefits and procedures

(1) Countries shall ensure that they have access to the services provided for in Articles 10 to 11, in particular by means of a procedural law, in order to meet the objectives of minimum needs and to meet the needs of their addressees. Decisions are made possible with high legal certainty and effective legal protection.

(2) The provisions of paragraph 1 relate in particular to:


The establishment of own procedural regulations in the laws to be adopted in the implementation of this agreement with the minimum requirements for a requirement-oriented minimum protection from the AVG;


the facilitation of access to benefits, in particular by


approval of the application of the application to all the bodies which appear to be appropriate;


generous Definition of the person entitled to apply for the application or for the representation of authorized persons,


explicit inclusion of information and guidance obligations;


the acceleration of the procedure, in particular by:


the explicit inclusion of participation obligations and the sanctions that may be imposed in the event of non-compliance;


Reduction of the obligation to make decisions (Section 73 (1) of the AVG), at least in the first instance, to a maximum of three months and


-measures to ensure effective emergency aid;


the improvement of legal certainty and legal protection, in particular by:


mandatory written form of the accusations, whereby these are to be made in the first instance at least when they are less than the minimum standards referred to in Article 10 or benefits in kind pursuant to Art. 10 (6), or If an application is not to be fully complied with or if the party (the person empowered to represent it) requires a communication, decisions of the Appellate Body must always be made with shall be made in writing;


express provisions on the recruitment or reassessment of benefits,


Exclusion of the possibility of a waiving of appeal and the suspensive effect of appeals in performance matters.

(3) The countries shall make provision for decentralised, low-threshold and demand-oriented counselling and care services for the most comprehensive coverage of the problem situations of the people, the services of the Demand-based minimum security.

Section 4

Common provisions

Article 17

Employability and labour market integration

(1) The Contracting Parties shall make all necessary arrangements for a uniform determination and assessment of the working capacity (§ 8 of the AlVG) of persons claiming benefits of the minimum requirements-oriented security.

(2) The provisions of paragraph 1 include, in particular, administrative agreements between the Länder and the respective national organizations of the Labour Market Service in coordination with the Austrian Labour Market Service on mutual recognition. of opinions necessary for the determination of the working capacity. These opinions shall be the decisions on the performance of the minimum needs-based assurance or on the benefits of unemployment insurance for the persons concerned. In accordance with the principle of maximum and lasting (re-) integration into working life (Art. 2 (3) shall, if necessary, be carried out in a separate (supplementary) opinion, including a holistic assessment of the status of the person concerned by means of a perspective statement, the collection of a balance of competence, and a social history.

(3) In the implementation of Art. 2 (3) and in particular for a better coordination of the measures pursuant to Art. 7 (1) and Article 16 (3), the regional organizations of the Labour Market Service and the respective country are to have agreements on joint measures and To increase the employability and employability of job-seeker recipients of a demand-oriented minimum backup project.

(4) In the light of Article 7 (1), the Contracting Parties agree to maintain their efforts and measures to (re) integrate persons within the meaning of Article 4 (1) into working life, at least to the same extent as before.

(5) The Federal Government is also committed to providing additional resources for the period of validity of this agreement for labour market policy measures for (re) integration of persons within the meaning of Article 4 (1) into the working life and for the implementation of the agreement. to use the necessary staffing levels.

Article 18

Data exchange, data usage and statistics

(1) The Contracting Parties agree that the Member States shall include in their respective laws the obligation that the social security institutions, the main association of the Austrian social insurance institutions, the offices of the the labour market service, the financial authorities and the tourist authorities, the data required for the determination of the conditions and the level of the performance of the minimum requirements-based assurance as well as the data required for the reimbursement of expenses and restitution procedures Compliance with the requirements of the Data Protection Act 2000 electronically to the Have to be made available. Furthermore, the Federal Government undertakes to provide the countries with a possibility to request a link in the Central Register of Melting in accordance with the criterion of residence, in order to determine claims and to check the claims of the claimant and the claimant. ,

(2) Data and opinions shall also be made available to each other, in electronic form, in accordance with Article 17 of this Agreement. In this context, only those data which are an essential condition for the assessment of the working capacity referred to in Article 17 of the Agreement may be used to determine the conditions for the performance of the Demand-based minimum security and cost-reimbursement and restitution procedures are required. In addition, each transmission of the data must be recorded and, in particular, the protection of the data must be provided against unauthorised access.

(3) The Contracting Parties undertake to incorporate into their respective laws an authorisation within the meaning of Section 7 of the Data Protection Act 2000.

(4) The Länder undertake to provide the Federal Government with all statistical data on the recipients of national services for the minimum requirements-oriented security, as described in the Annex and in the timetable provided for in the Federal Republic of Germany. shall be established.

(5) The Federal Government undertakes, on the basis of the conditions laid down by the countries referred to in paragraph 4, the institutions of the statutory health and/or health insurance companies. Pension insurance and the Labour Market Service to provide annual overall statistics for measures of the minimum needs-based assurance.

Article 19

Working circle for demand-oriented minimum backup

(1) The Contracting Parties agree to establish a permanent working group on minimum needs-based security.

(2) The task of the Working Group for Needs Oriented Minimum Assurance is to:


to make recommendations on common objectives and principles for minimum needs-based assurance;


to reimburse proposals for the further development of services and measures for the minimum needs-based assurance;


to draw up, at least every other year, a joint report on the situation of the national minimum requirements-based security system;


to draw up other recommendations and exchanges of experience which are of relevance to the Federal Republic of Germany or which make it appear necessary to have a common approach.

(3) The requirement-oriented minimum backup work group includes:


three representatives of the Federal Ministry of Labour, Social Affairs and Consumer Protection, of which one person is to be appointed to the Chair,


A representative of the Federal Ministry for Economic Affairs, Family and Youth,


two representatives of the Federal Ministry of Finance,


1/e representative of each country,


One representative of the Austrian Association of Cities and the Austrian Municipal Debt,


1/e representative of the Austrian Labour Market Service,


A representative of the main association of Austrian social insurance institutions,


A representative of the Federal Chamber of Workers and Employees,


A representative of the Austrian Chamber of Commerce,


A representative of the Austrian Trade Union Confederation,


A representative of the Association of Austrian Industrialists,


A representative of the Conference of Presidents of the Austrian Chambers of Agriculture


A representative of the Austrian Senior Citizens ' Council,


a youth representative who is to be appointed by the Federal Minister for Economic Affairs, the Family and Youth,


three representatives nominated by the Austrian Poverty Conference,


1/e representative of the Austrian Association for Rehabilitation


Two relevant experts-if possible with academic teaching qualification-from the field of social sciences and economics, or of the law, with one order from the Federal Minister for Labour, Social Affairs and Consumer Protection and one from the Federal Minister for Economic Affairs, Family and Youth to order and


A representative of the Bundesanstalt Statistik Austria.

(4) At least once a year, the working group for demand-oriented minimum security shall be convened alternately by the Federal Ministry of Labour, Social Affairs and Consumer Protection and the Länder. The costs shall be borne by the sending agencies.

(5) The Federal Ministry of Labour, Social Affairs and Consumer Protection is responsible for the business activities of the Working Group for Demand-oriented Minimum Security.

(6) The Working Group on Demand-oriented Minimum Assays may contribute to meetings of experts and respondents, in particular in the field of science and research.

Section 5


Article 20

Division between the Federal Government and the Länder

1. Each Contracting Party shall bear the burden of the services falling within its respective remit, in so far as it is not otherwise determined by this Agreement or by the financial compensation law.

(2) The contributions for persons included in the statutory health insurance pursuant to Article 8 of this Agreement shall be made by the respective competent country (Art. 9 (2) and the institution responsible for the requirements-oriented minimum insurance and the competent territorial health insurance fund.

Article 21

Limitation of costs for countries

The net additional costs of the countries (including the share of the shares in the municipalities according to the respective national regulations) are estimated at € 50 million per year, respectively. with 30 million € per year for a single country.


Final provisions

Article 22

Entry into force, duration

(1) This Agreement shall enter into force on the date of the month following the date on which:


the conditions necessary for entry into force in accordance with the country's constitutions are fulfilled and the Federal Chancellery has received the notifications from the Länder as well as


the fulfilment of the requirements for entry into force required by the Federal constitution is fulfilled,

but not before 1 September 2010.

(2) The Federal Chancellery shall immediately inform the Länder of the fulfilment of the conditions laid down in paragraph 1 and the date of entry into force.

(3) This agreement shall apply until the end of the current financial compensation period. After the first full calendar year of entry into force, a joint evaluation of the implementation of this agreement and of the expenses incurred in 2011 shall be carried out by the contracting parties. A similar evaluation will also be carried out in 2013 for the period 2012. The evaluation results should be included in the negotiations on the next financial compensation period.

(4) The evaluations provided for in paragraph 3 that the net additional costs of the countries according to Art. 21 are exceeded in the respective evaluation period shall be re-negotiated between the Federal Government, the Länder and the municipalities on the future cost-bearing. , in order to return the net additional costs back to the framework provided for in Article 21.

(5) In good time before the agreement has been reached, the Contracting Parties will begin negotiations on the future design of the nationwide demand-oriented minimum security system in accordance with paragraph 3.

Article 23


An amendment to this Agreement shall only be possible in writing by agreement of all Contracting Parties.

Article 24


This Agreement shall be drawn up in a single original. The original text will be deposited with the Federal Chancellery. This has to be forwarded to all the contracting parties, the liaison office of the federal states and the Austrian town council and the Austrian town council, certified copies of the agreement.

The agreement shall enter into force on 1 December 2010 in accordance with its Article 22 (1).