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Amendment Of The Wfa Policy Regulation

Original Language Title: Änderung der WFA-Grundsatz-Verordnung

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67. Regulation of the Federal Chancellor, amending the WFA Principle of Principle

On the basis of § 17 (3), first sentence, and § 18 (4) of the Federal Budget Act 2013 (BHG 2013), BGBl. I n ° 139/2009, as last amended by the Federal Law BGBl. I n ° 62/2012, shall be assigned in agreement with the Federal Minister for Finance:

The WFA-Principle-Regulation-WFA-GV, BGBl. II No 489/2012, shall be amended as follows:

1. In the table of contents, the row shall be the line according to the line of § 5 "§ 5a Bundling" inserted. The entries " 3. Section " , " 4. Section " and " 5. Section " by the entries " 4. Section " , " 5. Section " and " 6. Section " The following entries shall be inserted after the entry to § 10:

" 3. Section

Simplified impact assessment

§ 10a.

Requirements of the simplified impact assessment

§ 10b.

Systematic steps of the simplified impact-oriented impact assessment

§ 10c.

Financial implications

§ 10d.

Result Style "

2. § 1 para. 2 reads:

" (2) This Regulation establishes the basic procedure for carrying out an impact-oriented impact assessment and a simplified impact-oriented impact assessment, in addition to assessing the actual dimensions of the impact assessment and the impact assessment. according to which criteria impact will be considered to be essential. "

3. In § 4 the following Z 1a is inserted after Z 1:

" 1a.

The Simplified impact assessment is a process according to Z 1, which is subject to lower processing requirements. "

4. In § 4 the following Z 4a is inserted after Z 4:

" 4a.

A Project bundle consists of several regulatory projects or other projects which are based on a uniform objective in terms of objective, legal, organisational or budgetary aspects. '

5. In § 4 Z 10 the last sentence is deleted.

6. In Section 5 (2), the phrase "in each case per regulatory project or regulatory complex," through the phrase "for any regulatory project" replaced.

7. In § 5, the following paragraph 2a is inserted after paragraph 2:

" (2a) If several regulatory projects or other projects are based on a single objective in terms of objective, legal, organisational or budgetary terms, they may be bundled together (§ 5a). In this case, by way of derogation from paragraph 2, the impact assessment of the project may be carried out, or an existing impact-oriented impact assessment may be updated. The prerequisite for the bundling of projects pursuant to § 58 (2) BHG 2013 and other legislative measures in principle according to § 16 (2) BHG 2013 is the existence of a bilateral agreement pursuant to § 3 (2) (3) (3) of the Executive Order Regulation, BGBl. II No 22/2013, as amended by the BGBl Regulation. II No 70/2015. "

8. The following paragraph 10 is added to § 5:

' (10) The budgetary institution in whose sphere of action the draft is drawn up or the project is prepared shall have budgetary positions within its sphere of action and coordination with the bodies responsible for the impact of the draft budget. to obtain the necessary information for the implementation of the assessment of the budgetary management bodies affected by their competence; the bodies involved are, within the framework of their organisational possibilities, to participate in the investigation of the impact. "

9. In accordance with § 5, the following § 5a together with the heading is inserted:

" Bundling

§ 5a. (1) In the case of a bundle of projects (Article 5 (2a)), the budgetary authority shall explain which regulatory projects or other projects are to be bundled.

(2) The impact assessment of the impact assessment per project bundle shall be updated if in particular:

1.

the regulatory objectives or essential effects (§ 7) until the regulatory projects are released; or

2.

the objectives of the project or the main effects (§ 7) up to the implementation of the other projects

change.

(3) The Federal Chancellor examines the existence of the conditions pursuant to Article 5 (2a) with regard to the objectives and the main effects (with the exception of the financial consequences), the Federal Minister of Finance or the Federal Minister of Finance Federal Minister of Finance with regard to the financial implications. The Federal Minister of Finance or the Federal Minister of Finance will examine the compliance with the agreement in accordance with Section 3 (2) (3) (3) of the Executive Order Ordinance, BGBl, for other legislative measures pursuant to § 16 (2) of the Federal HG 2013 and other projects. II No 22/2013, as amended by the BGBl Regulation. II No 70/2015; in the case of total expenditure of up to EUR 20 million, also the existence of the conditions pursuant to § 5 (2a) with regard to the objectives and the essential effects.

(4) The Federal Minister of Finance or the Federal Minister of Finance shall inform the Federal Chancellor or the Federal Chancellor on the dates 30 June and 31 December within one month of the results of the examinations referred to in paragraph 3, second sentence.

(5) If the examination in accordance with paragraph 3 shows that the conditions pursuant to § 5 (2a) do not exist, the Federal Chancellor or the Federal Chancellor, respectively, The Federal Minister of Finance or the Federal Minister of Finance shall forward a reasoned opinion to the budgetary management body. The opinion commits the budgetary authority to draw up an impact-oriented impact assessment in accordance with § 5 (2).

(6) For the time of the examination pursuant to paragraph 3 and the transfer obligations, § § 9 and 10 are to be applied in accordance with the applicable law. An earlier examination (prior examination) shall be admissible at the request of the member of the Federal Government or of the budgetary management body. "

10. § 10 (2) reads:

" (2) The presentation of the results according to § 8 shall be attached to the documents of the taking of the agreement with the Federal Minister of Finance or the Federal Minister of Finance. In the case of other legislative measures of a fundamental nature of considerable financial significance in accordance with § 16 (2) of the BHG 2013 and in the case of projects of exceptional financial significance in accordance with § 58 (2) of the BHG 2013, which are subject to total expenditure of over 20 million euros is to be communicated to the Federal Chancellor or the Federal Chancellor (cross-departational effect control centre) in accordance with § 8. "

11. The sections 3 to 5 are given the section title " 4. Section " , " 5. Section " and " 6. Section " . According to § 10, the following 3. Section with headline inserted:

" 3. Section

Simplified impact assessment

Requirements of the simplified impact assessment

§ 10a. (1) The implementation of a simplified impact assessment shall be sufficient if the regulatory project or other projects

1.

No significant effects on the impact dimensions according to § 6 (1) ,

2.

does not trigger any financial impact that does not exceed the amount of EUR 20 million in expenditure, reduction, purchase or production costs of investment, income or reduced income, and does not trigger any -the long-term financial impact according to § 9 of the WFA-FinAV; the amount limit shall apply to regulatory projects over the period of the current financial year and the next four financial years; other projects to the overall term the project, and

3.

is not directly related to any direct substantive connection with information on the impact orientation (measures at the global budget level according to § 23 para. 2 BHG 2013) of the German Federal Finance Act.

(2) Paragraph 1 shall not apply for the release of special guidelines pursuant to § § 5 and 6 ARR 2014 and for the granting of grants pursuant to § 14 ARR 2014.

(3) For regulatory projects, the examination of the requirements of the conditions shall be carried out.

1.

1 and 3 by the Federal Chancellor and the Federal Chancellor, and

2.

pursuant to Section 1 (1) (2) by the Federal Minister of Finance or the Federal Minister of Finance.

For projects of exceptional financial significance in accordance with Section 58 (2) of the BHG 2013 and for other legislative measures of a fundamental nature pursuant to Section 16 (2) of the BHG 2013, the examination of the requirements of the conditions set out in paragraph 1 shall be carried out by the Federal Minister of Finance or the Federal Minister of Finance.

(4) The Federal Minister of Finance or the Federal Minister of Finance shall inform the Federal Chancellor or the Federal Chancellor on the dates 30 June and 31 December within one month of the results of the examinations referred to in paragraph 3, second sentence.

(5) If the examination in accordance with paragraph 3 is not possible on the basis of the documents provided, additional information may be provided by the Federal Chancellor or the Federal Chancellor and the Federal Minister of Finance or the Federal Minister for Finance , are requested.

(6) If the examination in accordance with paragraph 3 has shown that the conditions laid down in paragraph 1 are not available, or if no additional information has been provided despite the request, the Federal Chancellor or the Federal Chancellor, respectively, has not received any additional information. The Federal Minister of Finance or the Federal Minister of Finance shall forward a reasoned opinion to the budgetary management body. The opinion commits the budgetary authority to draw up an impact-oriented impact assessment in accordance with § 5 (2).

(7) For the time of the examination pursuant to paragraph 3 and the transfer obligations, § § 9 and 10 are to be applied in accordance with the applicable law. An earlier examination (prior examination) shall be admissible at the request of the member of the Federal Government or of the budgetary authority.

Systematic steps of the simplified impact-oriented impact assessment

§ 10b. (1) The steps of the simplified impact-oriented impact assessment are:

1.

problem analysis,

2.

target formulation,

3.

policy formulation,

4.

Estimate of the financial impact.

(2) The simplified impact-oriented impact assessment shall be carried out in each case per regulatory project or other project. The statements made in accordance with paragraphs 3 to 5 shall be adapted to the scope of the project, in particular in the case of mere customer machinations or editorial changes.

(3) In the analysis of the problem, in particular the reason for action (the problem and its causes), the scope for the implementation of Union law, the extent of the problem, the extent of the problem affected by the problem and any alternatives to it, are the main reasons for the problem. .

(4) The objectives of the target formulation shall be the rule or project objectives. It is an all-case connection with an impact objective in the Federal Estimate.

(5) In the case of the policy formulation, it is necessary to consider that measures are to be identified in a factually defined way.

Financial implications

§ 10c. The financial impact on the federal budget and other public budgets is to be estimated according to § 17 paragraph 4 Z 3 BHG 2013 on the basis of the WFA-FinAV.

Result Style

§ 10d. (1) The presentation of the results of the simplified impact-oriented impact assessment aims to make the correlations of the effects comprehensible. It shall contain, in a standardised, standardised form, the individual steps of the simplified impact assessment, in particular:

1.

Problem analysis, target formulation and selected measures

2.

the financial implications according to the specifications set out in the WFA-FinAV.

(2) The presentation of results shall be based on the reporting structure in accordance with Appendix 3. This does not preclude a flexible design. "

12. In § 11, the following (1a) and (1b) are inserted:

" (1a) Regulatory projects and other projects for which a simplified impact assessment has been carried out shall be excluded from the mandatory internal evaluation.

(1b) Paragraph 1a does not apply to the release of special directives pursuant to § § 5 and 6 ARR 2014 and for the granting of grants pursuant to § 14 ARR 2014. "

13. In Section 13 (1), after the word order "IT Application for" the phrase "the simplified impact-oriented impact assessment and" inserted.

14. § 13 para. 2, first sentence reads:

"(2) The IT application shall be used for the implementation of the impact assessment, the simplified impact assessment and the presentation of results."

15. The previous content of § 14 receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) The table of contents, § 1 para. 2, § 4 Z 1a, 4a and 10, § 5 para. 2, 2a and 10, § 5a with title, § 10 para. 2, of the 3. Section including heading, the names of sections 4 to 6, section 11 (1a) and (1b), section 13 (1) and (2), as amended by the BGBl Regulation. II No. 67/2015, enter into force on 1 April 2015. Section 11 (1a) is also applicable to those legislative measures, projects and programmes carried out before the entry into force of the Regulation BGBl. II No 67/2015, an impact-oriented impact assessment has been carried out, but such impact assessments are such that they are in accordance with the provisions of this Regulation as amended by the BGBl version. II No. 67/2015 under Section 10a (1). "

16. Annex 2 to § 8 (2) shall be added to the following Appendix 3 to § 10d (2):

Annex 3 to § 10d (2)

Step

Contents

Subareas

Name of the project

Name of the project

Problem Analysis

Reason for action

Problem

Causes

Room for manoeuvre in the implementation of Union law

Scale of the problem

Magnitude

Trends

Affected

Any alternatives

Target formulation

Destination Description

Description of the target tracking

Policy formulation

Designation of the measure

Description of the measure

Assessment of the financial impact

Simplified representation

Regulations pursuant to § 17 para. 3 Z 3 BHG 2013

In-depth estimation

Regulations pursuant to § 17 (3) (3) and (4) and (5) of the BHG 2013

Faymann