Regulation of the Federal Chancellor on the application of the flexibilization clause to the Austrian State Archives (ÖSTA-flexibilisation regulation 2009)

On the basis of § § 17a and 17b of the Federal Budget Act-BHG, BGBl. No. 213/1986, as last amended by Federal Law BGBl. I n ° 20/2008, shall be assigned in agreement with the Federal Minister for Finance:

Section 1

Scope

§ 1. The Austrian State Archives is the organisational unit in which the flexibilisation clause is applied in accordance with § § 17a and 17b of the German Federal Law Office (BHG).

§ 2. The project period starts with 1. January 2009 and ends with expiry of 31 December 2012.

Project Program

§ 3. The aim of the Austrian State Archives is to be a modern service company in the cultural sector of public administration. In the sense of "New Public Management", the economic performance of the Austrian State Archives is to be improved. In doing so, it is necessary to ensure that the Austrian State Archives are able to adequately fulfil the scientific, cultural and administrative tasks assigned to it, even in the case of scarce human and material resources.

§ 4. In order to achieve the objective in accordance with § 3, the Austrian State Archives shall have the following in the Annex to comply with the project programme.

Section 2

Special appropriations and regulations during the project period

§ 5. The Austrian State Archives are authorized to use income during the project period in accordance with Section 17a (2) to (6) of the Federal Constitutional Court (BHG) in order to cover its expenditure requirements in the implementation of the project programme, provided the Federal Minister for Finance authorizes the head of the Austrian State Archives on overdue expenses pursuant to § 17a (3) BHG.

§ 6. By way of derogation from the first sentence of § 52 (2) of the BHG, the Austrian State Archives may, within the project period, make payments only by 31 December at the expense of the financial year in question.

Reserves

§ 7. (1) The Federal Minister of Finance shall have BHG in accordance with the conditions laid down in Section 17a (4) and (5) of the Federal Financial Regulation

1.		positive differences in the scope of the Austrian State Archives of a flexibilization reserve and
2.		negative goodwill in the area of the Austrian State Archives as a minus reserve of the flexibilization reserve
for the organizational unit.

(2) Further deposit formation may not be effected with the exception of § 53 (2) BHG.

§ 8. The Federal Minister of Finance has to provide the Austrian State Archives pursuant to Section 17a (6) of the German Federal Ministry of Finance (BHG) with amounts from the flexibilization reserve formed in their favour in accordance with the requirements of the demand.

Positive goodwill

§ 9. (1) Positive differences shall be used and divided in accordance with Section 17a (4) to (6) of the German Federal HG (BHG). The Federal Chancellor, in agreement with the Federal Minister for Finance and after hearing the Controlling Advisory Board, has, in accordance with § 17a (5) penultimate sentence and in agreement with the Federal Minister of Finance, first para. 6, first sentence, on the allocation of the apportist Set BHG up to 20. In each case, the following financial year shall be decided. Prior to this decision, the Federal Chancellor, with the head of the Austrian State Archives, has to negotiate the allocation key.

(2) The percentage of the positive difference to be used by the organizational unit according to § 17a (5) last sentence BHG for rewards or performance premiums to be used for the employees involved in the success and for the further training of their staff members Do not exceed 25% of this amount.

Negative goodwill

§ 10. Negative goodwill amounts are to be covered and compensated according to § 17a (4) and (5) first to third sentence BHG.

Section 3

Controlling-Advisory Board

§ 11. (1) At the Federal Chancellery, the effectiveness of the 1. January 2009 to December 31, 2013 a controlling advisory board was established.

(2) The Controlling Advisory Board shall include the following members to be ordered in accordance with Section 17a (7) (1) of the BHG for the period referred to in paragraph 1 above:

1.		a representative of the Federal Chancellor as Chairman;
2.		a representative of the Federal Minister of Finance;
3.		an advisory, non-voting expert in the field of business management.

(3) For the period referred to in paragraph 1, a substitute member shall be appointed for each member who shall, however, exercise his function only in the absence of the member represented.

Rules of

§ 12. The Advisory Council shall adopt its Rules of Procedure, which shall require the approval of the Federal Chancellor and the Federal Minister of Finance, and which shall, in particular, provide for:

1.		that the Advisory Council is quorum if the representatives of the Federal Chancellor and of the Federal Minister for Finance are present;
2.		under which conditions the absence of a member is considered to be excused and therefore the replacement member is to be charged;
3.		the conditions under which the head of the Austrian State Archives and the representatives of the Committee of the Staff Committee of the Austrian State Archives are to be taken into account;
4.		that the Advisory Council has to meet at least once per calendar quarter of the project period, and
5.		that the chairman should draw up an agenda and that it has been shown that it has been shown to have at least five working days before the meeting, together with the documents required for the consultation, to be submitted to the members.

Tasks

§ 13. The Advisory Council shall, in particular:

1.		To advise on budget and personnel controlling for the Austrian State Archives pursuant to § 15a BHG;
2.		to examine the reports in accordance with § 14, to draw up an opinion on the matter and to forward them, together with the report, immediately to the Federal Chancellor and to the respective opinion, at the same time as the head of the Austrian State Archives;
3.		to prepare recommendations for the implementation of the project programme as necessary and to submit to the Federal Chancellor and the Head of the Austrian State Archives;
4.		to submit an opinion to the draft report on the control of success pursuant to § 17a (8) BHG; this opinion shall be attached to the report.

Reporting obligations of the Austrian State Archives

§ 14. (1) The Head of the Austrian State Archives has the Advisory Board

1.		at least once in the calendar quarter of the project period, a report and
2.		submit a final report on the implementation of the project programme by 30 June of the financial year following the end of the project period at the latest.

(2) The reports referred to in paragraph 1 shall, in particular, provide a sufficiently detailed account of the project programme, in particular the objectives set out therein, the performance catalogue, the development of revenue and expenditure, and the planning points. Reasons for deviations from the project programme shall be justified.

(3) Reports referred to in paragraph 1 (1) (1) shall also include a preview of the future implementation of the project programme.

(4) The Head of the Austrian State Archives shall submit additional reports to the Advisory Forum, if necessary, at the request of the Advisory Council within a reasonable period of time.

Section 4

Transitional and final provisions

§ 15. (1) If the difference is positive at the end of the project period, § 17b para. 2 BHG and § 9 shall apply.

(2) A negative goodwill at the end of the project period must be avoided. Should this not be possible, he is to be covered in accordance with § 17b Section 1 BHG.

§ 16. The Regulation shall enter into force with the day following the presentation. At the same time, the Regulation BGBl. II No 1/2007, ÖSTA-flexibilisation regulation 2007, except for force.

Faymann