Agreement under Art. 15a B-VG between the Federal Government and the Länder of Lower Austria, Upper Austria and Vienna on flood protection projects in the field of the Austrian Danube

The Federal Government,

represented by

the Federal Minister of Transport, Innovation and Technology,

and

the Land of Lower Austria,

the Land of Upper Austria and

the Land of Vienna,

Represented by the Landeshauptmann,

hereinafter referred to as the "Contracting Parties",

have agreed to conclude the following agreement in accordance with Art. 15a B-VG.

Preamble

The main subject matter of the present agreement is the intention of the Federal Government and the Länder of Lower Austria, Upper Austria and Vienna to accelerate and efficient protective measures in the future due to the consequences and experiences of the Danube flooding in 2002. To set high-water events.

At the same time, it is necessary that an appropriate regulation, with which the Federal Minister for Transport, Innovation and Technology transfers the implementation of flood protection projects to the state's main men, will be adopted.

Article 1

The Contracting Parties agree, on the basis of the findings of the 2002 Danube floods, to agree to the present agreement on the special financing of flood protection projects in the whole of the area of of the Austrian Danube.

Article 2

(1) The Contracting Parties undertake to take the measures necessary to complete flood protection in the field of the Austrian Danube within 10 years from the conclusion of this Agreement by the granting of non-refundable To promote contributions in accordance with the provisions of the Water Construction Promotion Act 1985-WBFG in the current version. The projects and studies, on the basis of which this completion of flood protection is to be carried out, can be found in the annex to this agreement.

(2) There is agreement between the Contracting Parties that project changes may be required on the basis of regulatory arrangements and technical changes due to detailed planning.

Article 3

(1) The Contracting Parties shall assume an amount of € 420.3 million (in words: EUR 420.3 million) for the implementation of the flood protection measures in the field of the Austrian Danube as shown in the Annex. Four-hundred-million-thousand) on the 2005 price base, which are to be covered as follows:

-				Confederation 50 (in words: fifty) vH;
-				Affected state 30 (in words: thirty) vH;
-				Applicant's request 20 (in words: twenty) vH.

(2) The Contracting Parties undertake to open negotiations again in the event that it is foreseeable that the eligible costs referred to above will be significantly exceeded.

Article 4

(1) The Contracting Parties agree to apply the above eligible costs in ten equal annual instalments from the conclusion of this Agreement.

(2) The duration of this Agreement shall not, in principle, be exceeded. Except for this, project extensions, delays and changes are required, the consideration of which requires a separate agreement between the parties.

(3) The Contracting Parties shall, by common agreement, observe that the support to be given to the Land of Vienna in a flat-rate manner is analogous to that of the 1. to 3. Support is granted.

Article 5

The Contracting Parties agree to determine by common accord the projects to be carried out and the allocation of the means of support.

Article 6

Funding may be used for the implementation of Annex shall be granted. The granting of subsidies for the carrying out of ongoing maintenance is not the subject of this contract. The costs of the projects financed by applicants shall be eligible costs if support is granted for the implementation of these projects.

Article 7

Grants are granted on the basis of the Water Construction Promotion Act 1985-WBFG in the current version, for each individual project a contract is to be concluded in accordance with this law. The relevant laws and directives, in particular the Federal Law on the Law of the Federal Republic of Germany (Bundesvergabegesetz), as well as the General Framework Guidelines for the granting of funding from federal funds (ARR 2004) are in the granting of grants. the current version of the Directive.

Article 8

This Agreement can only be resolved by agreement of all Contracting Parties.

Article 9

This Agreement shall enter into force after the end of the day on which the Federal Chancellery's Office shall inform all the Contracting Parties that the conditions required for the entry into force of the The agreement has been fulfilled.

Article 10

This Agreement shall be drawn up in a single original. The original text will be deposited with the Federal Chancellery. Each Contracting Party shall receive a certified copy.

Done in Vienna, 19 December 2006

	... Dr. Erwin Pröll eh ...
	For the Land of Lower Austria: The Governor
... Hubert Gorbach eh ...	... Dr. Josef Pühringer eh ...
For the federal government, according to the decision of the Federal Government: The Federal Minister for Transport, Innovation and Technology	For the Province of Upper Austria: The Governor
	... Dr. Michael Häupl eh ...
	For the Land of Vienna: The Governor

The agreement shall enter into force on 16 March 2007 in accordance with its Article 9.

Gusenbauer