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Change Performance And Structural Statistics Regulation

Original Language Title: Änderung der Leistungs- und Strukturstatistik-Verordnung

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266. Federal Minister for Economic Affairs, the Federal Minister of Health, the Federal Minister for Labour, Social Affairs and Consumer Protection, the Federal Minister for Justice, the Federal Minister for Agriculture and Forestry, Environment and Water Management, the Federal Minister for Transport, Innovation and Technology, and the Federal Minister of Finance, with which the Regulation on the performance and structural statistics in the production and service sectors (performance) and the Structural Statistics Regulation)

On the basis of § § 4 to 10, 19 and 30 of the Federal Statistics Act 2000, BGBl. I n ° 163/1999, in the version of the Federal Law, BGBl. I n ° 92/2007, shall be assigned in agreement with the Federal Chancellor:

The regulation of the Federal Minister for Economic Affairs and Labour, the Federal Minister for Health and Women, the Federal Minister for Justice, the Federal Minister for Agriculture, Forestry, Environment and Water Management, the Federal Minister of Transport, Innovation and technology and the Federal Minister for Finance on the performance and structural statistics in the production and service sectors (Performance and Structural Statistics Regulation), BGBl. II No 428/2003, shall be amended as follows:

1. § 1 Z 1 reads:

" 1.

Annexes I to VIII to Regulation (EC) No 295/2008 on structural business statistics and

2. § 2 reads:

" § 2. (1) The surveys shall be carried out annually for the first time in 2009 over the preceding calendar year or marketing year (reference period), provided that nothing else is determined by paragraphs 2 and 3.

(2) The characteristics according to § 4 Z 6 lit. (a) to (c) shall be collected at five-year intervals over the calendar or marketing year preceding the survey (period of reference), with the initial survey of the characteristics

1.

in accordance with § 4 Z 6 lit. a in 2013, with regard to workplaces in 2010,

2.

in accordance with § 4 Z 6 lit. b in 2009,

3.

in accordance with § 4 Z 6 lit. c in 2011, with regard to workplaces in 2010

shall be carried out.

(3) The additional features according to § 4 Z 10 ( Annex IV Points 1. and 2.) are for the first time

a)

for Division 69 and Group 70.2 of the ÖNACE 2008 in 2009 and

b)

for Division 71 and Group 73.2 of the ENACE 2008 in 2010

at two-year intervals. "

3. § 3 reads:

" § 3. (1) Statistical units within the meaning of this Regulation are:

1.

companies (single-and multi-business enterprises),

2.

Working communities and

3.

Entities within the meaning of Section 2 of the Corporate Tax Act 1988, provided that these entrepreneurs are in the sense of Section 2 (3) of the VAT Act 1994, as well as water works, slaughterhouses, facilities for the disposal of waste and for the discharge of flushing water and waste, and the leasing and leasing of land by means of public legal entities,

the emphasis on economic activities according to divisions 05 to 43, 45 to 63, 66 to 82 as well as 95 of the according to § 4 (5) of the Federal Statistics Act 2000 in the Federal Statistical Office of Statistics Austria and under the Internet address www.statistik.at published classification of economic activities (ÖNACE 2008) or a service associated with such activity independently, on a regular basis and with the intention of achieving a yield or other economic activity Do some of the above.

(2) Statistical units within the meaning of this Regulation shall also be:

1.

Technical units (establishments) and

2.

local units (workplaces)

by undertakings referred to in paragraph 1 (1) (1) and (1) (3), which shall focus on economic activities in accordance with sections B to N and P to S of the ENACE 2008.

(3) Statistical units within the meaning of this Regulation are also enterprises focusing on economic activities in accordance with Divisions 64 (excluding Groups 64.2 and 64.3) and 65 of the ENACE 2008, and their local units. (workplaces), which focus on economic activities in accordance with sections B to N and P to S of the ENACE 2008.

(4) Companies, technical units and local units are to be understood within the meaning of Articles 1 and 2 of Regulation (EEC) No 696/93 as regards statistical units for the observation and analysis of the Community economy.

(5) The locality of the statistical unit is determined by the location, its classification of economic activity in principle by allocation of the respective activity according to the ÖNACE 2008. Economic activity shall be exercised on a priority basis within the meaning of Regulation (EC) No 1893/2006.

(6) Enterprise undertakings are undertakings which only carry out one operation (a technical unit); multi-business enterprises are those which carry out several establishments (several technical units).

(7) A working group is an association of several companies which are contractually obligated to jointly implement a project and whose commercial management (commercial management) is the responsibility of a company.

(8) In accordance with Article 2 (1) (9) of the Commercial Code 1994 (GewO 1994) and the Buschenschank pursuant to § 2 (9) of the GewO 1994, the business activity referred to in paragraphs 1 and 2 shall be excluded from the economic activity referred to in Section 2 (1) (9) of the Commercial Code. "

4. § 4 reads:

" § 4. The following are to be collected:

1.

the characteristics of all statistical units pursuant to § 3 (1)

a)

in accordance with Annex I Points 1, 2. (without point 2.3.4), 3.1, 4. (excluding items 4.1.1 to 4.1.15), 5. (excluding Item 5.1.4), 6. (without point 6.3), 7. and 8. and

b)

in accordance with Annex IV, point 3.;

2.

in addition to the features referred to in Z 1 above all statistical units in accordance with § 3 (1),

a)

Have the main emphasis on economic activities carried out in accordance with Divisions 05 to 39 and 41 to 43 of the ENACE 2008, the characteristics according to Annex I Points 2.3.4, 3.2, 4.1.1 to 4.1.4, 6.3 and 10.;

b)

the emphasis on economic activities carried out in accordance with Sections 05 to 36, 41 to 43 and of Group 38.3 of the ENACE 2008, in addition to the feature referred to in Annex I Item 9.;

c)

Have the main emphasis on economic activities carried out in accordance with Divisions 45 to 63, 66 to 82 and 95 of the ENACE 2008, the characteristics according to Annex I Points 4.1.5 to 4.1.15;

3.

on holdings (Section 3 (2) (1)) of the following characteristics: Annex II ;

4.

on workplaces (Section 3 (2) (2)) of the Annex III Points 1. to 4.;

5.

in addition to the features according to Z 1 and 2 lit. a by statistical units carrying out economic activities in accordance with Divisions 41 to 43 of the ENACE 2008, the feature referred to in Annex I Item 5.1.4;

6.

in addition to the features according to Z 1 and 2 lit. b on statistical units in accordance with § 3 (1),

a)

the main activities carried out in accordance with Section 47 of the ENACE 2008, the feature referred to in Annex IV Point 1. as well as through their workplaces in addition to the characteristics of Z 4, the characteristics of Annex III Points 5. and 6.;

b)

the main activities carried out in accordance with Section 46 of the ENACE 2008, the feature referred to in Annex IV Point 1.;

c)

the main activities carried out in accordance with Division 45 of the ÖNACE 2008, the feature set out in Annex IV, point 1. as well as through their workplaces, in addition to the characteristics of Z 4, the feature set out in Annex III, point 5.;

7.

on statistical units which carry out economic activities in accordance with Division 64 (other than those of groups 64.2 and 64.3) of the ENACE 2008, and of their workplaces, the characteristics of which

a)

of Annex VI to Regulation (EC) No 295/2008,

b)

the Annex I Points 1, 2. (without point 2.3.4), 3.1, 4.1.12, 4.1.13, 4.7, 5.1 (without point 5.1.4), 5.2, 6.4 to 6.10, 6.12, 6.13 (without point 6.13.1), and 8.,

c)

the Annex III Points 1. to 4.,

d)

the Annex IV Point 3. and

e)

the Annex V ;

8.

Enterprises with a focus on economic activities carried out under Division 65 (other than the group 65.3) of the ENACE 2008, the characteristics of which:

a)

Annex V to Regulation (EC) No 295/2008,

b)

the Annex I Points 1, 2. (without point 2.3.4), 3.1, 4.7, 5.1 (without point 5.1.4), 5.2, 6.4 to 6.10, 6.12, 6.13 and 8.,

c)

the Annex III Points 1. to 4.,

d)

the Annex IV Point 3. and

e)

the Annex VI , points 1. to 23., broken down by life insurance, health insurance and damage-accident insurance;

9.

on undertakings which carry out economic activities in accordance with the group 65.3 of the ÖNACE 2008, the characteristics listed in Annex VII to Regulation (EC) No 295/2008;

10.

on all the statistical units referred to in Article 3 (1), which carry out economic activities in accordance with divisions 62, 69, 71, 73 and 78 and groups 58.2, 63.1 and 70.2 of the ÖNACE 2008, in addition to the characteristics of Z 1 and 2 lit. b the characteristics referred to in Annex IV Points 1. and 2. "

5. § 5 (1) reads:

" (1) The survey characteristics shall be collected in the following ways:

1.

the characteristics according to Annex I Point 1. by using the data of the Business Register pursuant to Section 25 of the Federal Statistics Act 2000;

2.

the characteristics according to Annex I Point 2. by obtaining administrative data from the main association of Austrian social insurance institutions;

3.

the characteristics according to Annex I Item 4.1 (other than items 4.1.1 to 4.1.15) by obtaining administrative data from the financial authorities;

4.

the characteristics referred to in Articles 4 (7) and (10) (excluding the characteristics referred to in Annex I Points 1, 2.1, 2.2, 2.3.1 to 2.3.3, 2.3.6, 5.1.1 to 5.1.3, Annex III , Annex IV Point 1.) by obtaining administrative and statistical data of the Oesterreichische Nationalbank, provided that the legitimate interests of secrecy are not affected in accordance with Section 10 (6) of the Federal Statistics Act 2000;

5.

the characteristics referred to in Article 4 (8) (8) (excluding the characteristics of Annex I Points 1, 2.1, 2.2, 2.3.6, Annex III , Annex IV Point 3.) through the procurement of administrative data of the Financial Market Authority;

6.

the characteristics according to § 4 Z 9 by the procurement of administrative data (according to § 30 of the Pensionskassengesetz (Pensionskassengesetz) as well as the Form-and Annual Reporting Ordinance, BGBl. II No 419/2005) of the Financial Markets Authority;

7.

all other characteristics in accordance with § 4 by means of consultation with the statistical units, insofar as the survey is not possible in individual cases by obtaining administrative and statistical data. "

6. In § 5 (2), first sentence, the expression " , BGBl. II No 210/2003, and by the expression " (Regulation BGBl. II No 210/2003), " and the expression " , BGBl. II No 233/2003, " through the phrase " (Regulation BGBl. II N ° 233/2003) and the Tax Statistics Regulation, BGBl. II No 229/2003, replaced.

7. § 6 reads:

" § 6. (1) In the case of interviews pursuant to § 5 (1) (7) and (2), the obligation to provide information pursuant to § 9 of the Federal Statistics Act 2000 shall be subject to the following conditions

1.

Statistical units according to § 3 (1) (1) (1) and (3), which focus on economic activities

a)

according to divisions 05 to 43 of the ÖNACE 2008 , with 20 employees and more employees, and their associated units pursuant to § 3 (2);

b)

in accordance with divisions 45 and 46 as well as of class 47.73 of the ÖNACE 2008, with a total turnover of EUR 3 million excluding VAT, as well as their corresponding units as defined in section 3 (2);

c)

According to Division 47 (excluding class 47.73), groups 49.4 and 79.1, and class 52.29 of the ÖNACE 2008 , with a total turnover of EUR 1.8 million, excluding sales tax of EUR 1.8 million in the period under review, as well as its associated units in accordance with section 3 (2);

d)

in accordance with sections H (excluding Group 49.4 and Class 52.29), I, J, L, M (excluding Division 75) and N (excluding Group 79.1), as well as divisions 66 and 95 ONACE 200 8 exercise, with a total turnover of EUR 850 000, excluding sales tax in the period under review, as well as its associated units in accordance with § 3 (2);

e)

in accordance with Division 75 of the ÖNACE 2008, with a total turnover of EUR 300 000 excluding sales tax of EUR 300 000 in the period under review, as well as its related units pursuant to Article 3 (2);

f)

in accordance with Group 58.2, classes 62.03, 62.09, 63.12, 70.21, 73.12 and subclass 73.11-2 ONACE 200 8 exercise, with 10 and more employees in the annual average of the reference year, and their associated units in accordance with § 3 (2);

g)

in accordance with divisions 69, 71 and 78, group 73.2, classes 62.01, 62.02, 63.11, 70.22 and subclass 73.11-1 ONACE 200 8 exercise, with 20 and more employees on the annual average of the reference year, and their associated units in accordance with § 3 (2);

2.

Statistical units according to § 3 (1) (2) (2) above a total value of a turnover tax of one million euros.

(2) The obligation to provide information in accordance with paragraph 1 Z 1 lit. a consists of the reporting period in which the conditions are met, even if the statistical unit did not pass throughout the entire reporting period, with the number of persons employed as at 30 September of the reporting period is decisive.

(3) The total turnover of all the information required by the obligation to provide information pursuant to paragraph 1 (1) (1) (1). (a) and (2), statistical units in one of the branches of activity according to divisions 05 to 43 of the ÖNACE 2008 do not cover at least 90% of the total turnover of all enterprises operating in that branch, the obligation to provide information shall also be provided for: Statistical units in accordance with § 3 (1) (1) (1) and (3) with fewer than 20 employees, provided that they are held on 30 September of the calendar year corresponding to the reference period during the twelve calendar months preceding that reference date, or in the last completed marketing year in total a turnover (excluding sales tax) of at least one million euros.

(4) In the case of the surveys of characteristics referred to in Annex IV Points 1. and 2. Obligation to provide information according to the conditions laid down in paragraph 1 Z 1 lit. f and g specified employment figures.

(5) For the purpose of providing information, those natural or legal persons as well as registered partnerships are obliged to operate a statistical unit in their own name on the basis of the obligation to provide information pursuant to para. 1 to 4. If an entreptier has commissioned a Fiscal Representative pursuant to § 27 (7) and (8) of the VAT Act 1994, the Fiscal Representative shall be obliged to provide information. "

8. § 8 (1) reads:

" (1) The parties responsible for providing information pursuant to § 6 (5) shall be obliged to complete the survey forms laid down by the Federal Statistical Office, Austria, in full and to the best of their knowledge, and to apply them for the surveys to be carried out in 2009 up to the end of 2009. 31. October 2009 and subsequently until 30 September of the year following the reporting period of the Bundesanstalt to the address indicated in the survey form. "

8a. In § 8 (2), the word "can" by the word "can" replaced.

9. § 9 reads:

" § 9. At the request of the Bundesanstalt, the data are in accordance with

1.

Section 5 (1) (2) of the Main Association of Austrian Social Insurance Institutions,

2.

Section 5 (1) Z 3 of the Federal Ministry of Finance,

3.

Section 5 (1) Z 4 of the Oesterreichische Nationalbank,

4.

§ 5 (1) (5) and (6) of the Financial Markets Authority,

within four weeks of the Federal Institute for free on electronic data carriers or in the way of a network network with the Federal Institute. "

10. § 11 (1) reads:

"(1) The Federal Statistical Office (Bundesanstalt Statistik Österreich) shall submit the results of the performance and structural statistics in accordance with Article 8 of Regulation (EC) No 295/2008 to the Statistical Office of the European Commission (Eurostat)."

11. In Section 11 (2), the word order shall be "Federal Statistics Act 2000" through the phrase "of the Federal Statistics Act 2000 at the latest nine months after the date laid down in § 8" replaced.

12. In § 11 (2) (1) and (2) and (3) (3) (1), (3) and (4), the phrase "of the Annex to Regulation (EEC) No 3037/90" in each case by the word sequence "of the ÖNACE 2008" replaced.

13. In § 11, in paragraph 2, Z 1 shall be made after the word "Production Value" the expression " , gross operating surplus " inserted; in paragraph 2 Z 3 after the word "Departments" and in paragraph 3 Z 2 after the word "Groups" the sequence of words "of the ÖNACE 2008" inserted.

14. § 13 together with the title is:

" Cost replacement

§ 13. (1) In accordance with § 32 (4) (4) (1) of the Federal Statistics Act 2000, the Federal Institute for the expenditure associated with the compilation and publication of the statistics on the characteristics in accordance with § 4 Z 10 of the Federal Statistical Act 2000 is due to a preliminary additional cost in the form of a the following height:

1.

in 2009: EUR 48 297,

2.

in 2010: EUR 52 924,

3.

in 2011: EUR 50 549,

4.

in 2012: EUR 52 065,

5.

in 2013: EUR 53 627.

The final cost statement shall be made on the basis of the annual accounts.

(2) In 2013, the cost of carrying out the statistics under this Regulation shall be subject to an evaluation and redefined for the survey years from 2014 onwards.

(3) The right to reimbursement of expenses exists with respect to the Federal Ministry for Economic Affairs, Family and Youth. "

15. The following § § 14 and 15 together with the headings are added:

" Conclusion and transitional provisions

§ 14. (1) § 1 Z 1, § § 2 to 6, 8, 9, § 11 para. 1 to 3, § 13 with headline, the headline on § 14, § 14 para. 2 and § 15 with headline as well as the annexes I and IV to VI in the version of the Ordination BGBl. II No 266/2009 shall enter into force with the month most of the month of the event.

(2) The publication of the results of the performance and structural statistics on the reporting period 2008 has, in addition, in accordance with § 11 paragraph 2 Z 1 in the version of the Regulation BGBl. II No 428/2003.

References

§ 15. To the extent that this Regulation refers to other legislation, the provisions of this Regulation shall be applied in the following:

1.

Regulation (EC) No 295/2008 on structural business statistics, OJ L 145, 31.5.2008, p. No. OJ L 97 of 9 April 2008, p. 13;

2.

Regulation (EC) No 2223/96 on the European system of national and regional accounts in the European Community, OJ L 327, 31.12.1996, p. No. OJ L 310 of 30 November 1996, S 1, as last amended by Regulation (EC) No 1392/2007, OJ L 327, 30.12.2007, p. No. OJ L 324, 10.12.2007, p. 1;

3.

Regulation (EC) No 1893/2006 laying down the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on certain statistical domains, OJ L 327, 30.12.2006, p. No. OJ L 393 of 30 December 2006, S 1;

4.

Regulation (EEC) No 696/93 on the statistical units for the observation and analysis of the Community economy, OJ L 327, 31.12.1993, p. No. OJ L 76 of 30 March 1993, S 1, as last amended by Regulation (EC) No 1882/2003, OJ L 284, 31.7.2003, p. No. OJ No L 284, 31. October 2003, S 1;

5.

Regulation (EC) No 451/2008 establishing a new classification of products in connection with the economic activities (CPA) and repealing Regulation (EEC) No 3696/93, OJ L 327, 31.12.2008, p. No. OJ L 145 of 4 June 2008, S 65;

6.

Regulation (EC) No 1059/2003 on the establishment of a common classification of territorial units for statistics (NUTS), OJ L 327, 31.12.2003, p. No. OJ L 154 of 21 June 2003, S 1, as last amended by Regulation (EC) No 176/2008, OJ L 145, 31.5.2008, p. No. OJ L 61, 5 March 2008, p. 1;

7.

Corporate Tax Act 1988 (KStG 1988), BGBl. No 401/1988, as last amended by BGBl. I No 81/2008;

8.

Industrial Order 1994 (GewO 1994), BGBl. No. 194/1994, in the version of the Federal Law BGBl. I n ° 68/2008;

9.

Turnover Tax Act 1994 (UStG 1994), BGBl. N ° 663/1994, as last amended by Federal Law BGBl. I No 140/2008;

10.

Income Tax Act 1988 (EStG 1988), BGBl. N ° 400/1988, as amended by the Federal Law BGBl. I No 140/2008;

11.

Pensionskassengesetz, BGBl. I n ° 281/1990, as amended by the Federal Law BGBl. I No 107/2007;

12.

Regulation of the Financial Markets Authority (FMA) concerning the breakdown and reporting of the forms for the annual financial statements according to § 30 (4) and § 30a (1) of the Pensionskassengesetz (Form-and Annual Reporting Ordinance-FBJMV), BGBl. II No 419/2005;

13.

Regulation of the Federal Minister for Economic Affairs and Labour and the Federal Minister for Agriculture, Forestry, Environment and Water Management on shortterm statistics in the production sector, BGBl. II No 210/2003, in the version of the Regulation, BGBl. II No 315/2007;

14.

Ordinance of the Federal Minister for Economic Affairs and Labour, the Federal Minister for Social Security and Generations, the Federal Minister for Justice, the Federal Minister of Transport, Innovation and Technology and the Federal Minister of Finance on Economic statistics in the service sector, BGBl. II No 233/2003, as amended by the Regulation, BGBl. II No 30/2009;

15.

Ordinance of the Federal Minister of Finance and the Federal Minister for Social Security and Generations, with which statistical surveys on wage, income, turnover and corporate income tax as well as transfer payments are arranged, BGBl. II No 229/2003. "

In Annex I, points 3.2.1 (the number of hours worked by part-time workers), 8.5 (the value of the tangible fixed assets procured by financing leasing), 9. (Indicators of research and development), including all subdivisions, the breakdown in points 11.1 to 11.6 of point 11. (Purchasing of energy carriers) as well as point 12. (expenditure on environmental protection) together with all the subdivisions; in points 4.6.1, 6.3.1 and 6.13.1, the word 'expenditure' shall not be taken into account. "Darunter:" ; in point 8.2 of Annex I and point 6.7 of Annex II, the word shall be: "gem." by the word "according to" replaced; point 10. (Expenditure for and investment in environmental protection) and the first point of the breakdown of the subdivision are given point 9.; point 11. (Purchasing of energy carriers) is given point 10.

17. In Annex I, the breakdown in item 5.1 shall be "5.1.4 (Quality of service within the meaning of the collective agreement for the construction industry and construction sector concerning the new arrangement of the special refund (service travel regulations) of 20 April 2004, KV 229/2004)" , in point 8.1.4 the breakdown into the points "8.1.4.1 (office machinery, data processing equipment and equipment), 8.1.4.2 (radio, television and communications equipment)" , in point 9.1 the breakdown into the points "9.1.1 (ambient air and climate), 9.1.2 (waste water management), 9.1.3 (waste management), 9.1.4 (other environmental protection activities)" , in point 9.2 the breakdown into the points "9.2.1 (ambient air and climate), 9.2.2 (waste water management), 9.2.3 (waste management), 9.2.4 (other environmental protection activities)" as well as in point 9.3 the breakdown into the points "9.3.1 (ambient air and climate), 9.3.2 (waste water management), 9.3.3 (waste management), 9.3.4 (other environmental protection activities)" inserted.

18. Annex IV is:

" Annex IV

1.

Breakdown of turnover pursuant to Regulation (EC) No 451/2008

2.

Breakdown of turnover by customer: resident, non-resident (of which Intra-EU, Extra-EU)

3.

Direct commitments in the context of occupational retirement provision (yes/no) "

19. The Regulation shall be added to Annexes V and VI; Annexes V and VI shall read:

" Annex V

1.

Interest and similar income, including income from fixed-income securities

2.

Commissions receivable

3.

Income from shares, other equity securities and non-fixed-income securities

4.

Income from participations and shares in affiliated companies

5.

Income/expenses from financial operations

6.

Other operating income

7.

Expenses for the delivery of goods and services to company employee pension funds

8.

Interest and similar charges

9.

Commission expenses

10.

Other administrative expenses (technical expenses) and other operating expenses

11.

Bank Code

Annex VI

1.

Calculated gross premiums from direct accounts

2.

Reinsurance share of the calculated gross premiums from direct accounts

3.

Calculated gross premiums from active reinsurance

4.

Reinsurance share of the calculated gross premiums from active reinsurance

5.

Premium surglees

6.

Reinsurance share of premium surgings

7.

Income from investments including unrealised gains from capital investments

8.

Income from participations

9.

Proceeds from rental of buildings and buildings

10.

Other technical returns

11.

Reinsurance commissions including profit share from reinsurance levy

12.

Other non-insurance-related income

13.

Gross payments for insurance cases

14.

Reinsurance share of gross payments for insurance cases

15.

Gross payments for insurance cases from active reinsurance

16.

Reinsurance share of gross payments for insurance claims arising from active reinsurance

17.

Change in the gross return for insurance cases which have not yet been uncovered

18.

Reinsurance share in the change in the gross back-up for insurance cases which have not yet been uncovered

19.

Expenses for performance-dependent and/or Non-profit-independent premium refund (net)

20.

Change in gross margin reserve

21.

Reinsurance share in the change in gross margin provision

22.

Changes in other technical gross provisions

23.

Reinsurance share in the change in other technical gross provisions

24.

Insurance Company Number "

Mitterlehner Stöger Hundstorfer Bandion-Ortner Berlakovich Bures Pröll