285. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the determination of the Federal Office of Water Management as an organizational unit in which the flexibilisation clause is applied

On the basis of § § 17a and 17b of the Federal Budget Act (BHG), BGBl. No. 213/1986, in the version of the Federal Law, BGBl. N ° 24/2007, by the Federal Minister for Agriculture, Forestry, Environment and Water Management, in agreement with the Federal Minister for Finance:

Section 1

Scope

§ 1. The Federal Office of Water Management (BAW) is determined as an organizational unit according to § 17a (1) BHG where the flexibilization clause is applied in accordance with § § 17a and 17b BHG and the provisions contained in this Regulation.

§ 2. The project period starts at 1. January 2007 and ends with expiry of 31 December 2010.

Project Program

§ 3. The objective of the organisational unit is to refer to the principles of financial management in accordance with § 2 BHG

1.		continue and implement the general objectives of flexibilisation;
2.		Contributions to the sustainable implementation of the WRG 1959, BGBl. No 215, as amended;
3.		Contributions to the Water Management Information System Austria (WISA);
4.		Development of cooperation in the area of the Danube with national and international needs (Verbund, Via Donau, IKSD ...);
5.		Compliance or Improvement of the current agreed balance (BSC/Finance);
6.		Targeted control of the external impact and influence of the BAW (BSC/customer, market);
7.		Targeted use of human resources (BSC/processes);
8.		Raising the level of training in the subject and management sector (BSC/development, training).

§ 4. In order to achieve the objective in accordance with § 3, the organizational unit has to fulfill the project program contained in the facility.

Section 2

Special authorisations and arrangements during the project period

§ 5. 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 for Overscheduled Expenses according to § 17a (3) BHG.

§ 6. 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

§ 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 area of the organisational unit of a flexibilization reserve and
2.		negative goodwill in the area of the organisational unit as a minus reserve of the flexibilization reserve
for the organizational unit.

(2) A further provision of a refund on the basis of a federal financial authorisation or pursuant to § 53 BHG may not be made with the exception of § 53 (2) of the Federal Budget Act.

§ 8. The Federal Minister of Finance has to provide the organisational unit according to § 17a (6) of the Federal Financial Regulation (BHG) with amounts from the flexibilization reserve formed in its favour, in accordance with the requirements of the necessary requirements.

Positive goodwill

§ 9. (1) Positive differences shall be used and divided in accordance with the provisions of Section 17a (4), (5) and (6) of the BHG. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Finance and after hearing the Controlling Advisory Board, has reached agreement on the allocation according to Article 17a (5) penultimate sentence BHG. with the Federal Minister of Finance pursuant to Section 17a (6) of the Federal Constitutional Court (BHG) to 20. In each case, the following financial year shall be decided. Prior to this decision, the Federal Minister for Agriculture, Forestry, Environment and Water Management, with the head of the organizational unit, has to conduct negotiations on the division 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 33 vH of this amount, but in any case not exceeding the amount of 150 vH of the monthly salary per service and financial year.

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) The Federal Minister for Agriculture, Forestry, the Environment and Water Management will be responsible for the effectiveness of the 1. January 2007 to December 31, 2011 a Controlling Advisory Board established.

(2) The controlling advisory board shall include the following members to be ordered in accordance with § 17a (7) (1) BHG for the period referred to in paragraph 1 above:

1.		A representative of the Federal Minister for Agriculture, Forestry, Environment and Water Management 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 be subject to the approval of the Federal Minister for Agriculture, Forestry, the Environment and Water Management and the Federal Minister of Finance, and which shall, in particular, provide for:

1.		that the advisory board is able to take a quorum if at least the representatives of the Federal Minister for Agriculture, Forestry, Environment and Water Management and the Federal Minister for Finance are present,
2.		under which conditions the absence of a member is considered to be excused and therefore a substitute member is to be charged,
3.		Under which conditions the Head of the BAW and the representative of the Central Committee of the Staff Committee of the Federal Ministry for Agriculture, Forestry, Environment and Water Management are to be included,
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. In particular, the Advisory Board has an advisory role in the budget and personnel controlling for the organizational unit according to § 15a of the German Federal Civil Law Act (BHG):

1.		examine the reports in accordance with Article 14 of this Regulation, draw up an opinion on the report and, together with the report, immediately inform the Federal Minister for Agriculture, Forestry, the Environment and Water Management and the respective reports. Submit an opinion to the head of the organizational unit at the same time,
2.		To the extent necessary to prepare recommendations for the implementation of the project programme within the project period and to submit to the Federal Minister for Agriculture, Forestry, Environment and Water Management as well as the Head of the Organizational Unit,
3.		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.

Organizational Unit Reporting Obligations

§ 14. (1) The Head of the Organizational Unit shall have the Advisory Board

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

(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 foresight on the future implementation of the project programme.

(4) The Head of the Organizational Unit shall submit additional reports to the Advisory Board, if necessary, at the request of the Advisory Board within a reasonable time.

Section 4

Transitional and final provisions

§ 15. (1) In the case of a positive difference in amount at the end of the project period, § § 10 and 17b para. 2 BHG shall apply.

(2) A negative difference amount at the end of the project period is to be covered by the Federal Minister for Agriculture, Forestry, Environment and Water Management in accordance with Section 17b (1) of the Federal German Federal Ministry for Economic Affairs and Development (BHG).

§ 16. This Regulation shall enter into force on 1 January Jänner 2007 in force.

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