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40. Federal Law on the Establishment of the Climate and Energy Fund-Climate and Energy Fund Act (KLI.EN-FondsG)

The National Council has decided:

table of contents
1. Section: General
§ 1	Objectives
Section 2: Climate and energy funds
§ 2	Establishment and the purpose of the fund
§ 3	Tasks
§ 4	Application of the Fund
§ 5	Bodies of the Fund
§ 6	Bureau
§ 7	Duties of the Bureau
§ 8	Expert Advisory Council
§ 9	Tasks of the Expert Advisory Board
§ 10	Management
§ 11	Gebarungsgrundphrases
§ 12	Secrecy
§ 13	Duty-free
§ 14	Policies
§ 15	Strategic planning document and annual programme
§ 16	Annual report and auditing
Section 3: Benefits of the Fund
§ 17	Type of performance
§ 18	Conditions and procedures for the performance of the Fund
§ 19	Resolution points and transfer
§ 20	Legal transactions relating to the right to promotion
Section 4: Final provisions
Section 21	Resolution of the Fund
Section 22	References
Section 23	Gender-neutral wording
§ 24	Enforcement

Section 1

General

Objectives

§ 1. This federal law has the objectives of contributing to the achievement of a sustainable energy supply (increasing energy efficiency and increasing the share of renewable energy sources) as well as to the reduction of greenhouse gas emissions and to the Support for the implementation of the climate strategy, in particular

1.		-increase in the share of renewable energy sources in total energy consumption in Austria at least 25 vH by 2010 and 45 vH by 2020,
2.		improving the energy intensity by at least five vH by 2010 and 20 vH by 2020,
3.		increasing security of supply and reducing fossil-energy imports,
4.		Strengthening the development and dissemination of Austrian environmental and energy technology,
5.		Intensification of climate and energy-related research as well as
6.		Securing and developing technology leadership
,

Section 2

Climate and energy funds

Establishment and the purpose of the fund

§ 2. (1) A fund shall be established for the purpose of achieving the objectives set out in Article 1. The Fund is called the "Climate and Energy Fund".

(2) The Fund is a fund of public law with its own legal personality and has its seat in Vienna. The fund is exclusively for charitable purposes and is entitled to lead the federal coat of arms.

(3) The fund shall be jointly represented by the two managing directors, together with the legally binding subscription for the fund.

(4) The financial year of the Fund shall be the calendar year.

(5) The Fund shall be responsible for the expenses arising from the provision of the fund business (personnel and personnel costs) itself.

(6) A place of business shall be established for the Fund.

Tasks

§ 3. (1) The Fund shall achieve the objectives set out in § 1 by granting funding, issuing orders and financing actions of existing relevant financial instruments under the following programme lines:

1.		Research and development in the field of sustainable energy technologies and climate research,
2.		Promoting projects in the area of local and regional public transport, environmentally friendly freight transport, and mobility management projects and
3.		Promoting projects to support the market penetration of climate-relevant and sustainable energy technologies.

(2) Within the programme lines, actions shall be encouraged or charged with:

1.		the increase in energy efficiency in the fields of energy production, conversion, -transport and use,
2.		the improvement of efficiencies and the development of environmentally friendly techniques in the use of all raw materials;
3.		research and development in the field of renewable energies for the generation of electricity, heat and fuel, as well as energy storage systems and climate research,
4.		the economic development of new technologies for sustainable energy supply and the efficient use of energy,
5.		support for the transfer of passenger and freight transport to energy-efficient modes of transport, and
6.		training, advice and awareness-raising to improve the achievement of the objectives under the three programme headings referred to in paragraph 1
are used.

(3) A prize may be awarded annually for extraordinary achievements in order to achieve the objectives set out in § 1.

Application of the Fund

§ 4. (1) The resources necessary for the performance of the tasks of the Fund shall be provided by:

1.		Grants from the federal budget
a)			as part of a federal financial authorisation in the amount of EUR 50 million for the year 2007 and EUR 150 million for the year 2008, as well as
b)			in accordance with the appropriations provided for in the Federal Finance Act,
2.		other public and private benefits,
3.		the risk of preassessed fund resources, and
4.		other revenue.

(2) The funds referred to in paragraph 1 (1) shall be made available on the basis of the funds actually required. Funds pledged or committed by order divisions in 2007 shall be left to the Fund for the intended purposes in 2008.

Bodies of the Fund

§ 5. Bodies of the Fund are:

1.		the Bureau (Article 6),
2.		the expert advisory board (§ 8) and
3.		the management (§ 10).

Bureau

§ 6. (1) The Bureau shall include:

1.		the Federal Minister for Agriculture, Forestry, the Environment and Water Management, or a representative appointed by him,
2.		the Federal Minister for Economic Affairs and Labour, or a representative appointed by him,
3.		the Federal Minister of Transport, Innovation and Technology, or a representative appointed by him, and
4.		the Federal Chancellor or a representative appointed by him.

(2) Each member of the Bureau shall be chaired alternately for one year.

(3) The Bureau shall meet at least twice a year, for the first time not later than one month after the entry into force of this Federal Act. The Bureau shall take its decisions unanimously in the presence of all its members. Abstention is permissible. Decision-making in the written circulation shall be admissible, the chairman establishing the effective decision.

Duties of the Bureau

§ 7. (1) The Bureau shall be the supreme body of the Fund.

(2) The Bureau shall approve and publish the Rules of Procedure of the Fund.

(3) The Executive Committee shall appoint the Management Board and may appoint the Management Board. It decides on the establishment of the office.

(4) The Bureau shall appoint and discontinue the members and replacement members of the Expert Advisory Board.

(5) The Bureau shall decide and publish the Strategic Planning Document, the Directives and the annual programme. Before a decision is taken, the Federal Minister of Finance and the Federal Minister for Social Affairs and Consumer Protection must obtain the agreement of the Federal Minister for Finance.

(6) The Bureau shall monitor the orderly assessment and use of the Fund's assets in accordance with the law. It approves and publishes the annual report containing the annual accounts and relieves the burden on the management.

(7) The Bureau may at any time request information and reports from the Management Board and the Resolution Points, and give instructions to the Management Board.

(8) The Bureau shall approve the contracts which define the activities of the settlement bodies.

(9) In the Rules of Procedure of the Fund, the Bureau has to make general provisions on the management of the aid applications, the anemic of orders and the financing of measures (§ 3) by the management.

(10) The Bureau shall decide on the granting of a grant or on the granting of an order and on the granting of financing for measures pursuant to § 3. The Rules of Procedure may stipulate that a member of the Bureau shall decide solely on certain matters relating to the award of grants and contracts.

Expert Advisory Council

§ 8. (1) The Advisory Board shall consist of four members and four substitute members, each of which shall appoint one member and one alternate member on a proposal from a member of the Bureau. The order will be made for a period of four years.

(2) The Advisory Board shall elect a Chairperson and a Vice-Chairperson from the number of its members.

(3) If a member of the Advisory Board of Experts voluntarily, by death, by time lapse or by convening by the Bureau, moves to the appointment of a new member his replacement member to his place.

(4) The Advisory Board shall take its decisions by a simple majority in the presence of at least three members. In the event of a tied vote, the Chairman's vote shall not be present, the Vice-Chairman shall be the one who shall be the one who shall be the Vice-Chairman.

(5) The members of the Advisory Board, but only for the case and the duration of the representation of a Member, shall be entitled to an appropriate allowance for which the Rules lay down the Rules of Procedure.

Tasks of the Expert Advisory Board

§ 9. (1) The Advisory Board shall advise the Bureau with regard to the directives, the Strategic Planning Document, the programme lines and the annual programme.

(2) The Advisory Board of Experts shall issue recommendations on the eligibility of funding applications and on the advisability of anbots and the financing of measures (§ 3) with regard to the objectives set out in § 1.

(3) The Bureau may entrust the Advisory Committee with additional tasks.

Management

§ 10. (1) The management is made up of two business leaders appointed by the Bureau. It is used to carry out the administrative tasks of a branch office.

(2) The management of the fund, the external representation of the fund and the legally binding subscription for the fund are jointly responsible for the management of the fund.

(3) The Management Board shall ensure the proper performance of the tasks of the Fund in accordance with § 3. It shall be answerable to the Bureau. The management is responsible in particular

1.		the sighting and processing of the landings received and the contract anbotes and the allocation thereof to the settlement agencies,
2.		the submission of the funding applications and the contract anbote to the Advisory Council for advice,
3.		the submission of the funding applications and the application request, together with a recommendation from the Advisory Board to the Bureau for a decision on the granting of a subsidy or a grant. the issuing of a contract in accordance with § 7 (10),
4.		the preparation of the financing of actions under existing relevant financial instruments (§ 3) and
5.		the preparation and follow-up of meetings and resolutions of the Advisory Council and of the Bureau.

(4) The Executive Board shall have the Bureau with regard to the Strategic Planning Document or of the Directives, and the Strategic Planning Document (Strategic Planning Document) by the Bureau no later than three months after a mandate on the subject is requested by the Bureau draw up the directives and submit them to the Advisory Committee for deliberation and to the Bureau for decision-making.

(5) The Management Board shall have up to 31 years of business. To prepare the annual programme for the following financial year and to submit it for approval to the Bureau.

(6) The Management Board shall, by 31 March each year, draw up the annual report containing the annual accounts for the past financial year and submit it for approval to the Bureau.

(7) The Management Board shall draw up a point of order for the Fund and submit it for approval to the Bureau.

(8) The management has to manage and invest the fund assets with the care of a prudent businessman.

Gebarungsgrundphrases

§ 11. (1) The Fund shall manage its funds in accordance with the principles of economy, economy and expediency.

(2) Fund assets shall be used exclusively in the sense of the fund's purpose, including the administrative costs (expenses and personnel costs) of the fund.

Secrecy

§ 12. The institutions and staff of the Fund, as well as the staff of the settlement bodies, shall be obliged to secrecy on all confidential facts known to them exclusively from their activities or functions, except in the case of reason: of information obligations under a federal law on these facts is to be provided. This duty of secrecy persists after leaving organ functions and after termination of other activities for the fund.

Duty-free

§ 13. The Fund is exempt from all fees and charges regulated by the federal law, with the exception of court and judicial administration fees.

Policies

§ 14. (1) The Directives contain the more detailed provisions under which support may be granted, in particular through:

1.		the object of the promotion,
2.		the eligible costs,
3.		the personal and professional conditions of the promotional advertisers,
4.		the extent and nature of the promotion, and
5.		the procedure, in particular with regard to:
a)			the request (type, content and equipment of the documents),
b)			the evaluation of the funding applications and the evaluation principles
c)			the payout mode,
d)			the reporting (control rights) and
e)			the recruitment and recovery of the support.

(2) The Directives shall also provide for provisions for the procedure of settlement bodies in the examination of projects. As far as necessary and expedient, it is possible to arrange different locations for different resolution points.

(3) The guidelines for the coordination of the Fund's performance with environmental promotion shall be in accordance with the provisions of the third paragraph of this Article. Section of the Environmental Promotion Act (UFG), BGBl. No 185/1993 , with the relevant funding instruments in the field of research funding under the Research Promotion Structural Reform Act, BGBl. I n ° 73/2004, as well as the financing and promotion instruments relating to local and regional public transport, environmentally friendly freight transport and mobility management projects.

(4) The Bureau shall publish the Directives and shall provide them on the Internet. In the "Official Journal of the Wiener Zeitung", an announcement of the approval of the directives must be made under the indication of the place of its inactivity.

(5) Following the preparation of the directives in accordance with. § 10 (4) are the members of the Austrian Chamber of Agriculture, the Austrian Chamber of Agriculture, the Federal Chamber of Labour, the Federal Chamber of Labour, the Austrian Chamber of Commerce, the Austrian Chamber of Agriculture, the Austrian Chamber of Agriculture, and the Austrian Chamber of Agriculture. The Austrian Confederation of Trade Unions and the Association of the Austrian Industry, with the granting of a reasonable period of time for their opinion, must be sent.

Strategic planning document and annual programme

§ 15. (1) The Strategic Planning Document shall, on the basis of the programme lines referred to in Article 3 (1), constitute the strategy for the activities of the Fund for the achievement of the objectives set out in § 1.

(2) The annual programme shall, on the basis of the objectives set out in § 1, the programme lines referred to in § 3 and the Strategic Planning Document, lay down the annual priorities for the Fund's activities, as well as the scale or percentage of the Fund's activities. The share of the fund resources to be used in the following financial year and their allocation to the programme lines in accordance with § 3. In addition, the annual programme includes an economic and financial plan of management.

(3) Following the preparation of the Strategic Planning Document (Strategic Planning Document). Section 10 (4) and the annual programme in accordance with § 10 (5) are these before the decision is taken by the Bureau pursuant to Section 7 (5) of the Federal Ministry of Finance, the Federal Minister for Social Affairs and Consumer Protection, the Austrian Chamber of Commerce, the Austrian Chamber of Agriculture and Consumer Protection (Presidential Conference of the Agricultural Chambers of Austria), the Federal Chamber of Labour, the Austrian Trade Union Confederation and the Association of the Austrian Industry, with a reasonable period of time being admitted to the opinion.

Annual report and auditing

§ 16. (1) The annual report summares the activities of the Fund in the previous financial year and contains, in particular, the annual accounts.

(2) For the purpose of examining the activities of the Fund under this Federal Act, the Bureau shall appoint an auditor. The auditor shall also examine the appropriateness of the annual remuneration to be determined and the cost of the settlement offices. The auditor shall submit the result of the examination immediately to the Bureau.

Section 3

Benefits of the Fund

Type of performance

§ 17. (1) The Fund may grant aid, grant contracts and support existing financial instruments (§ 3).

(2) The granting of funding or the award of the contract is carried out within the framework and with the funds of the private sector management.

(3) This federal law does not constitute a subjective legal claim for the grant of a grant.

Conditions and procedures for the performance of the Fund

§ 18. (1) The granting of a grant shall, in any event, require that:

1.		the measure complies with the requirements of the Directives, and
2.		the financing of the action to be taken in the light of support is ensured.

(2) Funding requests and anbots for conclusion of contracts may be submitted by natural and legal persons and shall be submitted in writing to the office of the Office, following the necessary documents.

(3) The promotional advertiser or the advertiser has himself/herself in the position of the request or in the case of legation of the anbot over the entire period of the processing of the funding; over the entire period of the contract, the management or the settlement body which it has made known by its name on the use of any further financing and support measures, in order to grant the eligibility of the promotional material or the contract advertiser for the same performance, albeit with different appropriation, has sought or intends to seek or seek from another leading body of the federal government or other legal entity, including other local authorities, or have already been granted, or have been promised, and which funding from public funds and EU funds for services of the same kind within the last five years prior to the application of the grant request or before legation of the anbot has received information.

(4) The promotional advertiser or the contractor shall be responsible for the provision of the contribution for the assessment of the presence of the conditions for the granting of a grant, or Proof and necessary documents necessary for the placing of the order.

Resolution points and transfer

§ 19. (1) The management shall be responsible for the execution of the operational management of the award of the funding or The contract award of the Austrian Research Promotion Agency with limited liability (FFG) and the Kommunalkredit Public Consulting GmbH (KPC). The Bureau may lay down further resolution points.

(2) The Fund shall conclude contracts with the FFG, the CCP and/or the CCP for the execution of the operational settlement referred to in paragraph 1 above. with further settlement offices, provided that such bodies have been established by the Bureau pursuant to paragraph 1. In doing so, the rights and obligations of the parties to the contract, in particular the fee and the control, shall be determined on the basis of contracts already existing in comparable cases. If such a contract does not materiate within five months after the entry into force of this Federal Act, the Fund may, after approval by the Bureau, carry out the tasks of a resolution body pursuant to paragraph 1 in accordance with the provisions of the BVergG 2006, BGBl. I No 17, writing and awarding.

(3) The transfer of funds to the settlement agencies shall take place on the basis of the objectives set out in § 1 and the substantive focus, as set out in the Strategic Planning Document and in the annual programme, by decision of the Bureau.

Legal transactions relating to the right to promotion

§ 20. The right to promotion cannot be provided by either the assignment, the instruction or the pledge, nor in any other way under the living.

Section 4

Final provisions

Resolution of the Fund

§ 21. The fund can only be dissolved by federal law.

References

§ 22. To the extent that this federal law refers to provisions of other federal law, these are to be applied in their respectively valid version.

Gender-neutral wording

§ 23. The personal names used are the same for women and men.

Enforcement

§ 24. The Federal Minister of Finance is responsible for the enforcement of this federal law in respect of § 4 (1) Z 1, § 4 (2) and § 13 of the Federal Minister of Finance. With regard to the remaining provisions, the Federal Minister for Agriculture, Forestry, Environment and Water Management, the Federal Minister for Economic Affairs and Labour, the Federal Minister for Transport, Innovation and Technology, and the Federal Minister for Transport, Innovation and Technology are all responsible for the remaining provisions. Federal chancellor.

Fischer

Gusenbauer