370. Regulation of the Federal Minister for National Defence on the application of the flexibilization clause to the Army subsidiary Academy (flexibilisation decree Heeresunteroffiziersakademie)

Due to § § 17a and 17b of the Federal Budget Act (BHG), BGBl. No. 213/1986, as last amended by the Federal Law BGBl. I n ° 24/2007, in agreement with the Federal Minister for Finance:

Section 1

General provisions

Scope

§ 1. The Heeresunteroffiziersakademie is determined as an organizational unit in which the flexibilization clause is to be applied in accordance with § § 17a and 17b BHG and the provisions contained in this Regulation.

Project Period

§ 2. The project period starts at 1. January 2008 and ends with expiry of 31 December 2010.

Project Program

§ 3. (1) The objective of the organisational unit is to increase the efficiency of the fulfillment of the contract by bringing together the responsibility for resources and profit, taking into account the principles of financial management according to § 2 BHG. Heeresunteroffiziersakademie to reach.

(2) In order to achieve the objective referred to in paragraph 1, the organisational unit shall have the Annex , in particular through the development of the Austrian Unteroffizierskorps by means of educational measures in the national and international context.

Section 2

Special authorisations and arrangements during the project period

Use of revenue

§ 4. The organisational unit is authorized to use its revenue during the project period in accordance with § 17a (2) to (6) of the Federal HG (BHG) in order to cover its expenditure requirements in the implementation of the project programme, provided that the Federal Minister of Finance is responsible for the Head of the organizational unit or the head of the organisational unit for overdue expenses according to § 17a (3) BHG.

Payments

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

Reserves

§ 6. (1) The Federal Minister of Finance shall be responsible for the organisational unit in accordance with the conditions laid down in Section 17a (4) and (5) of the BHG.

1.		positive differences in the area of the organisational unit of a flexibilization reserve and
2.		negative difference contributions in the area of the organisational unit as a negative reserve of the flexibilization reserve.

(2) Further deposit formation on the basis of a federal financial law authorization or according to § 53 BHG may not be made with the exception of § 53 paragraph 2 BHG.

(3) The Federal Minister of Finance has to provide the organizational unit in accordance with Section 17a (6) of the German Federal Ministry of Finance (BHG) with amounts from the flexibilization reserve formed in its favour, in accordance with the requirements of the necessary requirements.

Positive goodwill

§ 7. (1) Positive differences shall be used and divided in accordance with Section 17a (4) to (6) of the German Federal HG (BHG). The Federal Minister for National Defence, in agreement with the Federal Minister for Finance and after hearing the Controlling Advisory Board, has, in agreement with the Federal Minister for Finance, on the allocation in accordance with § 17a (5) penultimate sentence BHG and in agreement with the Federal Minister for Finance Finance pursuant to § 17a (6), first sentence, BHG up to 20. In each case, the following financial year shall be decided. Before this decision, the Federal Minister for National Defence has to negotiate the division key with the head of the organizational unit or the head of the organizational unit.

(2) The percentage of the positive difference to be used by the organisational unit pursuant 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 vH of this amount.

Negative goodwill

§ 8. Negative goodwill is to be covered and compensated according to § 17a (4) and (5) BHG.

Section 3

Controlling-Advisory Board

Tasks and Rules of Procedure

§ 9. The Federal Minister for National Defense (BGBl) has decreed the Federal Minister for National Defense (BGBl). II No 441/2005 on the occasion of the determination of the Heeresforstverwaltung Allentsteig as an organizational unit, in which the flexibilisation clause is applied, a controlling advisory council is established. Its remit and its Rules of Procedure will be effective from 1 January 2008. Jänner 2008 also extended to the Heeresunteroffiziersakademie.

Organizational Unit Reporting Obligations

§ 10. (1) The Head of the Organizational Unit shall submit to the Advisory Board

1.		a report at least once in each calendar quarter within the project period; and
2.		a final report on the implementation of the project programme by the end of 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 be given in sufficient detail on:

1.		the project programme, and in particular the objectives set out therein,
2.		the performance catalogue and
3.		the development of revenue and expenditure, as well as the development of posts.
Reasons for deviations from the project programme shall be justified.

(3) In addition to paragraph 2, the reports referred to in paragraph 1 (1) (1) shall contain a preview of the future implementation of the project programme.

(4) The head of the organisational unit shall submit additional reports to the Advisory Board, if necessary, at the request of the Advisory Board within a reasonable period of time.

Section 4

Final provisions

Transitional provisions

§ 11. (1) If the difference is positive at the end of the project period, Article 17b (2) of the Federal HG and Article 7 of this Regulation shall apply to positive difference amounts.

(2) A negative goodwill amount at the end of the project period shall be covered by the Federal Minister for National Defence in accordance with Section 17b (1) of the German Federal Ministry of Education and Development (BHG).

entry into force

§ 12. This Regulation shall enter into force 1. Jänner 2008 in force.

Darabos