Advanced Search

Stability Pact 2008

Original Language Title: Österreichischer Stabilitätspakt 2008

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Agreement between the Federal Government, the Länder and the municipalities on the continuation of the stability-oriented budget policy (Austria's Stability Pact 2008)

The Federal Government, represented by the Federal Government, and the Länder

Burgenland,

Carinthia,

Lower Austria,

Upper Austria,

Salzburg,

Steiermark,

Tyrol,

Vorarlberg and

Vienna,

in each case represented by the regional governor,

as well as the municipalities represented by the Austrian Association of Municipalities and the Austrian Association of Cities,

-having regard to the Federal Constitutional Law on Authorizations of the Austrian Community Debt and the Austrian Association of Cities-have agreed to conclude the following agreement:

Article 1

Enhanced stability orientation

(1) The Federal Government, the Länder and the municipalities undertake to maintain the stability orientation of their financial management. They will jointly ensure the sustainable observance of the criteria on budgetary discipline on the basis of Articles 99 and 104 of the EC Treaty, in particular with regard to the applicable rules of secondary legislation.

(2) In order to achieve this, the Federal Government, the Länder and the municipalities agree on the stability contributions to be made in accordance with the provisions of this Agreement (agreed stability contributions). An agreed stability contribution may, depending on the conditions existing for one year, be a regular stability contribution to be made for the year in question, a reduced stability contribution for the year in question, or a contribution for the year in question for the year in question. the increased stability contribution required for the year in question.

Article 2

Stability contribution of the federal government

(1) The Federal Government undertakes to make its budget policy so stability-oriented that the deficit in the federal budget for the year 2008 is at most 1.33% of GDP, for the year 2009 a maximum of 0.68% of GDP, for the year 2010 and for all other years of the The validity of this agreement amounts to a maximum of 0.14% of GDP (Federal Government's ordinary stability contribution).

(2) Under the regular annual stability contribution, up to a maximum of 0.25% of the GDP of the year in question is allowed (reduced stability contribution), but only as far as this maximum amount does not already exist for the The previous year was exhausted. The amount of the underwriting is to be offset in the following year (increased stability contribution), so that at least the average ordinary stability contribution is achieved over the period of validity of this agreement.

Article 3

Stability contribution of countries

(1) Countries (including Vienna) undertake to contribute to a stability contribution in the form of an average budget surplus for 2008 of not less than 0.45% of GDP, not less than 0.49% of GDP in 2009, for the year 2010 and all other years of the validity of this agreement, not less than 0.52% of GDP, to contribute to the overall government consolidation path.

(2) The stability contributions of each country to the obligation laid down in paragraph 1 shall be determined as follows (ordinary stability contributions of the countries):

Column 1

Column 2

Countries

Population 2001

Share of the stability contribution

in%

in%

Burgenland

3,45528

2,847

Carinthia

6,96323

6,528

Lower Austria

19,24339

18,548

Upper Austria

17,13720

17.901

Salzburg

6,41682

6,703

Steiermark

14,73008

13,991

Tyrol

8,38485

8,758

Vorarlberg

4,37015

4,565

Vienna

19,29900

20,159

Total

100,00000

100,000

(3) Those for the transfer of the earnings shares pursuant to the Financial Equalization Act 2008-FAG 2008, BGBl. I n ° 103/2007, which is to be applied for one year, will also apply to the distribution of stability contributions to each country for this year. In the case of changes in this population in relation to column 1, the proportion of the stability contribution under column 2 shall be adjusted accordingly. The new shares are calculated according to the following method: each country a value is calculated according to the following formula: proportion of the stability contribution according to column 2 divided by the number of people in 2001 times a new population. The share of these values, which are rounded in terms of purchasing power on three commations, is the new share of the country in the stability contribution.

(4) Commensions of the regular annual stability contribution per country up to a maximum amount, which is derived from the share ratio to be applied in each case (paragraph 1). 2 column 2 iVm. (3) to a total of 0.15% of the GDP of the year in question shall be allowed (reduced stability contribution), but only in so far as this maximum amount has not already been used for the previous year. The amount of the underwriting is to be offset in the following year (increased stability contribution), so that at least the average ordinary stability contribution is achieved over the period of validity of this agreement.

Article 4

Stability contribution of the municipalities

(1) The municipalities (excluding Vienna) undertake to contribute, in each country, through a balanced budget result to the general government consolidation path (ordinary stability contribution of the municipalities).

(2) Temporary underwriting of the regular annual stability contribution up to the following shares in% of the GDP of the year in question is permissible (reduced stability contribution):

Municipalities of the Länder

Share in% of GDP

Burgenland

0,004055

Carinthia

0,009044

Lower Austria

0.022887

Upper Austria

0.021526

Salzburg

0,007963

Steiermark

0.019079

Tyrol

0.010081

Vorarlberg

0,005365

Total

0.100000

however, only in so far as this maximum amount has not already been used for the previous year. A reduced stability contribution shall be permitted only if this maximum amount has not already been used for the previous year. The amount of the underwriting is to be offset in the following year (increased stability contribution), so that at least the average ordinary stability contribution is achieved over the period of validity of this agreement.

Article 5

Transfer of surpluses

The Federal Government, the Länder and the local authorities are free to transfer budgetary results to each other by means of written agreement, in so far as the respective ordinary stability contribution is overfulfilled. Such agreements are the basis for the sanction mechanism. Multiple bills do not take place. The Austrian Coordination Committee shall be notified in each case. Overcrowds may also be presented in subsequent years, provided that the obligations of this Agreement are complied with for the average provision of the agreed stability contributions.

Article 6

Budgetary coordination

(1) In order to effectively implement these commitments, the Federal Government, the Länder and the municipalities shall coordinate their financial management. To this end, political coordination committees will be set up. Decisions taken in these bodies shall be taken by common accord.

a)

For the budget coordination between the Federal Government, the Länder and the municipalities (municipal and town council), an Austrian coordination committee is formed from their representatives at the Federal Ministry of Finance.

b)

For the budget coordination in the individual countries (with the exception of Vienna) in the relationship between the country and the municipalities, countries-coordination committees are formed, in which the representatives of the country, the respective national associations of the Austrian The municipal authorities and the Austrian Association of Cities are represented.

c)

The coordination committees are at the request of a contractual partner of the Federal Minister of Finance and/or Finance. to be convened by the respective country. Further provisions on the organisation and management of the coordination committees are to be laid down in each of the Rules of Procedure.

(2) The subject of the budget coordination in the Austrian Coordination Committee are in particular:

a)

advising on the implementation of the agreed stability commitments;

b)

the mutual information on matters relating to financial management;

c)

the annual coverage and presentation of the countries ' staff levels and activity expenditure in the following areas:

-

Territorial administration (after pre-strike groups),

-

National teachers (public general compulsory schools and vocational education and training schools) and

-

-structured facilities;

d)

the medium-term orientation of the financial management, in particular through mutual information and advice on it; advice and mutual information on the medium-term orientation of budgetary management for the federal government, for example: the respective budget and stability programme; the preparation and reciprocal transmission of a sensitivity analysis;

e)

the establishment of uniform principles for reporting on medium-term budgetary management;

f)

the monitoring of the development of budgets, the government deficit and the government debt; the discussion of the budgetary results before any forwarding to the board of conssion;

g)

the recommendation of measures where divergence from the agreed stability commitments is signed;

h)

the establishment of measures where a recommendation has been issued by the European Council on the basis of a decision on the existence of an excessive deficit, and the monitoring of compliance with those measures;

i)

advice on measures when opinions on the Austrian stability programme have been delivered by Community institutions, or when a recommendation has been made to Austria in the broad economic policy guidelines pursuant to Article 99 (2) of the EC Treaty.

(3) The subject of budget coordination in the countries-coordination committees is, in any case, the subject of paragraph 2 (2). (a) to (f) the definition of sanctions if the information obligations contained in this Agreement are violated by municipalities. The Federal Ministry of Finance is to be informed about the deliberations and decisions of the countries ' coordination committees in a suitable form and in a timely manner.

(4) In the event of exceptional charges, in particular reductions in revenue, increases in expenditure, a drop in the amount of the proceeds of a maximum court, a serious economic downturn, an entry of a maximum court, a any other exceptional event which may be taken from the control of the local authority in question and which significantly affects its financial situation, the Federal Government, the Länder and the municipalities shall have negotiations on the reduction of the obligation to provide of their respective stability contributions.

(5) The task of the Austrian Coordination Committee in the context of budgetary coordination is further the conduct of negotiations on the obligation to provide the respective stability contributions and, where appropriate, the consensual change. of reporting dates.

Article 7

Medium-term budgetary management

(1) The Federal Government, the Länder and the municipalities shall ensure the medium-term orientation of the financial management.

(2) The Federal Government, the Länder and the municipalities have to comply with the medium-term requirements in the decision-making process on the annual budget estimates.

(3) The federal and state governments (including Vienna) have their current plans for the medium-term orientation of the financial management, including a sensitivity analysis, the countries (including Vienna) a representation of staff levels and Annual activity expenditure of the last three years and of the current year to be reported annually to the Austrian Coordination Committee until 31 July each. The medium-term orientation of the financial management of municipalities is to be reported to the Regional Coordination Committee until 31 July each. Municipalities with more than 20 000 inhabitants also have to report to the Austrian Coordination Committee.

Article 8

Austrian Stability Programme

(1) The Federal Minister of Finance shall draw up the draft Austrian stability programme on the basis of the results of the budgetary coordination and shall submit it to the Federal Government for decision-making. The Federal Minister of Finance then has the Austrian Stability Programme to be brought to the attention of the National Council and forwarded to the relevant institutions of the European Union.

(2) The Federation shall be responsible for issuing the notifications, opinions and reports requested in accordance with the provisions of Community law on budgetary discipline in Austria.

(3) The Austrian Stability Programme does not allow the countries and municipalities to fulfil their obligations beyond the content of this Agreement.

Article 9

Information

(1) In order to support the implementation of this Agreement, a sanctioned information system shall be agreed upon. In addition, the agreed budgetary coordination will be used for mutual information on matters of budgetary management.

(2) The sanctioned information system shall include the obligations

a)

in the context of reporting on the medium-term focus of financial management, including the presentation of staff levels and activity expenditure (Art. 7)

b)

in accordance with the BGBl Regulation (BGBl). II No 361/2002, as amended by the BGBl version. (II) No 465/2004) and

c)

in the light of the

-

Regulation (EC) No 2223/1996 on the European system of national and regional accounts in the European Community (ESA 95),

-

Regulation (EC) No 264/2000 implementing Council Regulation (EC) No 2223/96 with regard to the transmission of short-term public finance statistics,

-

Regulation (EC) No 475/2000 and Regulation (EC) No 351/2002 amending Regulation (EC) No 3605/93 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community

necessary statistics on the building of the public sector.

(3) The Federal Institute of Statistics Austria has violations of the information system to the Schlichtungsgremium (Schlichtungsgremium) until a point of order of the Schlichtungsgoverning body is issued by the Federal Ministry of Finance, or by the Federal Ministry of Finance. inform the Regional Coordinating Committee. The necessary information must be determined for the time being by estimation. This data shall be based on any further proceedings. If information is delayed, it is estimated-as far as possible-to be replaced by the late information.

(4) In case of culpable violation of the information obligations by the Federal Government or the Länder, a contribution of the local authority in the amount of 10 cents, multiplied by the number of inhabitants of the local authority, but not more than 100 000 € , The respective Schlichtungsgremium decides whether there is a culpable injury. These amounts shall be entered in the next advance according to § 12 FAG 2008. The federal government should act accordingly.

(5) In the event of a breach of information obligations by municipalities, the Regional Coordination Committee shall provide appropriate measures.

(6) Contributions for breach of the obligation to provide information shall be made available to the Federal Statistical Office in Austria for the partial coverage of the additional costs caused by this agreement.

Article 10

Determination of budgetary results

(1) The calculation of the results of the budget according to ESA 95 and reporting of the results to the Austrian Coordination Committee is carried out by the Bundesanstalt Statistik Österreich up to the end of August of a year. The Bundesanstalt Statistik Austria also produces an evaluation of the reports on the medium-term orientation of the financial management and on the staff levels and activity expenditure of the Länder. The reports shall also be submitted to the respective Land Coordination Committee.

(2) The calculation of the Maastricht results shall be based on the interpretative rules of the ESA 95. The budgetary results of the Chambers are not to be attributed to the local authorities.

(3) The necessary agreements with the statistics Austria shall be concluded by the Federal Ministry of Finance.

Article 11

Sanction Mechanism

(1) A sanction mechanism shall be established to secure the stability obligations of this Agreement.

(2) In the context of the calculation of the budgetary results by Statistics Austria, it is established that the agreed annual stability contributions or an agreed average over the duration of the agreement have not been provided; and shall not be compensated by the transfer of a surplus pursuant to Article 5, a settlement body shall be referred to it.

(3) If agreed stability contributions are not provided by the Federal Government or by a country, the Schlichtungsgremium shall consist of two members nominated by the Federal Minister of Finance and two from the Länder. For each country, one member will be nominated by the respective chairperson of the Landeshauptmännerkonferenz and by the provincial governor following the chairmanship of the chairmanship. In the event of prevention in accordance with the previous sentence, the respective successor shall act as a nominee. The municipalities can send up to two observers. If stability contributions are not provided by the municipalities of a country, the Schlichtungsgremium is composed of two members nominated by the Federal Minister of Finance and two by the municipalities. A member of the Austrian Association of Municipalities and the Austrian Association of Cities is nominated for each of the municipalities. The countries can send up to two observers. Representatives of the country in question (the municipalities of the country) can neither nominate nor be nominated as members of the Schlichtungsgellment. Observers shall be nominated according to the same rules as the members.

(4) The Board of Appeal invites the President of the Court of Auditors to provide an opinion as to whether, and to what extent, under the terms of this Agreement, the Federal Government, a country or the municipalities of a country misses the agreed stability contribution .

(5) The Board of Appeal shall decide by common accord whether and to what extent a penalty contribution shall be made under the terms of this Agreement by the Federal Government, a country or by the municipalities of a country.

(6) No penalty contribution shall be made,

a)

in so far as the relevant provisions of Article 14 are applicable;

b)

in so far as contrary to the agreement, the agreed stability contribution is, in one year, mathematically covered by surpluses provided by another local authority and which do not already have in accordance with Art. 5 . Such a computerised cover shall take place only for the year in question. If a number of stability obligates are eligible for such a computer coverage, they shall take place in the following order: surpluses of municipalities (country-wise) shall be used to cover the computer coverage of subpoenas of municipalities (countrywise). Surpluses of countries are used to cover the computer coverage of underwriters of countries. Any remaining surpluses shall be used to cover the underwriting of all the other Contracting Parties. The calculation of the underwriting of a number of Stability obligors is based on the ratio of the breakdown of the Community charges in the year concerned. Such coverage does not alter the obligation to provide the agreed stability contributions on average. In the case of the average calculation according to Article 19, such surpluses are therefore to be attributed to the local authority, which has provided the surpluses.

(7) The Schlichtungsgremium (Schlichtungsgremium) decides in such a timely manner that a possible sanction can be carried out by the end of February of the second year. The Schlichtungsgremium may decide on an earlier date of performance.

Article 12

Sanction Contribution

(1) The penalty contribution shall be taken into account in the light of Article 11 (6)

a)

8% of the respectively agreed stability contribution or the agreed Maastricht deficit as a fixed amount plus 15% of the non-statutory overt or Underwriting of the agreed stability contribution,

b)

at most, however, the difference between the determined budgetary result and the agreed stability contribution, or the agreed Maastricht deficit. If the budgetary result is below a permissible reduced stability contribution, there is a difference only up to the level of the reduced stability contribution.

(2) Vienna shall only be considered as a country in the calculation of a penalty contribution.

Article 13

Sanction Procedure

(1) A penalty contribution shall be made in accordance with the decision of the Schlichtungsgoverning Body, no later than February of the second year, by the Federal Ministry of Finance in respect of the performance of the advances on the profit shares in the Community Federal levies according to § 12 FAG 2008 in six monthly instalments to be deducted and on a special settlement account in the name and on the account of the countries concerned or to invest in communities. The federal government should act accordingly.

(2) In the following year, if a lack of stability orientation of the stability contribution agreed for the following year is provided, the special account shall be dismissed and the penalty charge shall be transferred together with the interest of the local authority concerned.

(3) In the following year, if a lack of stability orientation of the stability contribution agreed for the following year is not provided, a penalty contribution, together with interest, shall be forfeited in favour of those stability obligors who agreed to the agreed Stability contributions.

(4) The allocation of a penalty fee is to one third each to the federal government, to the Länder and to the municipalities. Anyone who has to make a penalty contribution will not be included in the distribution. The subdivision to countries and municipalities shall be carried out in accordance with the ratio of the total Community contributions after the last interim settlement in accordance with § 12 FAG 2008 after deduction of the foreway trains.

(5) The obligation to re-deposit a penalty for lack of stability is not influenced by the decay and the distribution.

Article 14

Evidence outages

(1) If the yield of an exclusive charge is reduced by a judgment of a maximum court or if it comes as a result of such a judgment for repayment (crediting) of unallocated gift orders, the Confederation shall be informed of appropriate proposals by the the local authorities concerned create a legal framework for the exclusive contributions of the local authorities concerned, which will create as far as possible a replacement as far as possible.

(2) Until the entry into force of such a scheme, the agreed stability contribution shall be reduced as from the reimbursement of the proposals submitted by the local authorities concerned.

Article 15

Sanction punishment

(1) The Federal Government, the Länder and the municipalities shall have the expenses resulting from the imposition of any financial penalties in accordance with Article 104 (11) of the EC Treaty in relation to their non-compatible deviations from the general government consolidation path in the years on which the sanction is based. Such payments shall replace the penalty payment in accordance with Article 11 for the year on which the penalties referred to in Article 104 (11) of the EC Treaty are applicable.

(2) These amounts shall be deducted in the case of the following advances according to § 12 FAG 2008. The federal government should act accordingly.

Article 16

Deposit

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

Article 17

entry into force

(1) This Agreement shall enter into force retrospectively with 1. Jänner 2008 in force, as soon as

1.

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

2.

the conditions for entry into force required by the Federal constitution are met.

(2) This agreement shall not enter into force until 31 December 2008 pursuant to paragraph 1 and until then have at least the federal government and at least one country or at least the municipalities represented by the Austrian Community and the Austrian Communities The Association of Cities, which fulfils the necessary conditions for entry into force, shall enter into retroactive effect of the agreement for these Contracting Parties with 1. Jänner 2008 in force. Accessions of other intended contracting parties with retroactive effect respectively to the 1. Jänner of the current year is possible.

(3) The Federal Chancellery shall communicate to the Länder and municipalities the fulfilment of the conditions laid down in paragraph 1 or 2.

Article 18

Duration

(1) This agreement shall come out of force as soon as the agreement between the Federal Government, the Länder and the municipalities on a consultative mechanism and a future Stability Pact of the local authorities, BGBl. I No 35/1999, due to a termination by the Federal Government, but no later than 31 December 2013.

(2) The legal consequences provided for in the event of a breach of the provisions of this Agreement shall be valid even after the expiry of this Agreement. The provision of Article 19 (2) shall remain unaffected by the expiry of the act referred to in paragraph 1.

(3) For the period of validity of this Agreement, the effectiveness of the agreement between the Federal Government, the Länder and the municipalities concerning the coordination of the financial management of the Federal Government, the Länder and the municipalities-the Austrian Stability Pact, BGBl. I No 101/1999.

(4) The validity of the agreement between the Federal Government, the Länder and the municipalities on a consultative mechanism and a future Stability Pact for local authorities, BGBl. No 35/1999, shall be affected neither by the conclusion nor by the expiry of this Agreement.

Article 19

Final settlement and transitional provision

(1) For the countries of Tyrol and Salzburg, in applying Article 10 (3), the difference between the budgetary results of the country's funds as a result of the budgetary result is determined in accordance with the 2001 estimates (status 1). Jänner 2001). The budgetary results of the Fund of the State of Tyrol will become 1. January 2001 is set at zero.

(2) In the year following the expiry of this Agreement, consideration shall be given to the Federation, the Länder and the municipalities, taking into account the results of the last year of the period of validity, for the whole period of validity of the period of validity of the Agreement. and determine whether the obligations of this Agreement have been complied with for the average delivery of the agreed stability contributions.

(3) For years in respect of which sanctions contributions have been paid or deposited as a result of a lack of stability orientation, account must be taken, in the final settlement, of the average of these contributions, in such a way as to ensure that they are used as years with the provision of a agreed stability contributions.

(4) If a penalty contribution is to be filed for

a)

a lack of stability orientation in the last year of the commitment, or

b)

the lack of average performance of the agreed stability contributions;

the stability obligations of this Agreement shall apply mutagentily for the following year. The use of the amounts deposited depends on whether the agreed stability contribution or the agreed amount of money is paid. Average with the budgetary result of the following year.

(5) The Austrian Stability Pact for 2005 will take effect for the parties to this agreement with the entry into force of the ÖStP 2008 in each case.

In accordance with Article 17 (1), the agreement shall be retroactive with 1. Jänner entered into force in 2008.

Gusenbauer