Agreement in accordance with article 15a B-VG between the Federal Government and countries of lower Austria, Upper Austria and Vienna, on projects of flood protection in the area of the Austrian Danube
The Federal Government,
the Federal Minister for transport, innovation and technology,
the province of lower Austria,
the province of Upper Austria, and
the province of Vienna,
represented respectively by the Governor.
the following overall called the 'Contracting parties',
have agreed to conclude the following agreement in accordance with section 15a B-VG.
Subject matter of this agreement is the intention of the Bund and the Länder of lower Austria, Upper Austria and Vienna, to put 2002 accelerated and efficient protective measures against future flooding due to the impact and experiences of the Danube floods.
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 the country main men, will be adopted.
The Contracting Parties agree on the basis of the findings obtained in consequence of the Danube floods of 2002 to conclude the present agreement on special funding projects of flood protection in the whole area of the Austrian Danube.
(1) the Contracting Parties undertake to promote WBFG amended the measures necessary for the completion of the flood protection in the area of the Austrian Danube within 10 years from the conclusion of this agreement by providing non-repayable contributions in accordance with the provisions of the water building Promotion Act 1985. The projects and studies, based on which the completion of the flood protection should be performed, can be found in the annex to this agreement.
(2) there is agreement between the parties that project changes can become necessary due to governmental request and detail planning-related technical changes.
(1) the Contracting Parties are eligible costs for the implementation of flood control measures presented in the system in the area of the Danube in the amount of € 420,3 million (in words: euro four hundred twenty million three hundred thousand) on the basis of the price from 2005 which are to cover as follows:
-Federal 50 (in words: fifty) per cent.
-affected State 30 (in words: thirty) per cent.
-Point application for interested party 20 (in words: twenty) VH.
(2) the Contracting Parties undertake to start negotiations for the case again, that is, that the above-mentioned eligible costs are considerably exceeded.
(1) the Contracting Parties agree to apply the above eligible costs after the conclusion of this agreement in ten equal annual instalments.
(2) exceeding the term of this agreement is generally not permitted. Subject are excluded project extensions, delays and changes, which taking into account requires a separate agreement of the parties.
(3) the parties agreed hold the promotion coming to Vienna in the form of lump-sum analog grant promoting 1-3rd.
The Contracting Parties agree to set the projects to be funded and the distribution of funds per year by mutual agreement.
Funding may be granted to carry out projects listed in the Appendix. The granting of subsidies to carry out ongoing maintenance is not subject to this agreement. The cost of the projects financed by the applicants represent then eligible costs if a promotion is granted for the implementation of these projects.
The granting of subsidies is based on water construction Promotion Act 1985 - WBFG is a contract pursuant to this Act to complete as amended, for each individual project. The relevant legislation and guidelines, in particular the Federal Procurement Act as amended, as well as the General guidelines for the granting of funding from federal funds (ARR 2004) as amended, are in the granting of subsidies.
This agreement can be resolved only in the agreement of all parties.
This agreement is in force by the end of the day where at the Federal Chancellery are the releases of all Contracting Parties, which meet necessary prerequisite for the entry into force of the agreement of the Federal Constitution and the constitutions of the country, there are.
This agreement is issued in a single original. The original copy is deposited with the Chancellor's Office. Each party will receive a certified copy.
Done in Vienna on December 19, 2006
... Dr. Erwin Pröll anyway...
For the province of lower Austria:
The country captain
... Hubert Gorbach anyway...
... Dr. Josef Pühringer anyway...
For the Federation, in accordance with the decision of the Federal Government:
The Federal Minister for transport, innovation and technology
For the province of Upper Austria:
The country captain
... Dr. Michael Häupl anyway...
For the province of Vienna:
The country captain
The agreement enters into force in accordance with article 9 to 16 March 2007.