163. Federal law amending the Federal Act on the Establishment of a "Brenner Base Tunnel Aktiengesellschaft", the Federal Act on the Establishment of a "Brenner Eisenbahn GmbH", the Railway Act 1957 and the Rail Infrastructure Finance Act (Rail Infrastructure Finance Act)

The National Council has decided:

Article 1

Amendment of the Federal Act on the Establishment of a "Brenner Base Tunnel Aktiengesellschaft"

Federal Law on the Establishment of a "Brenner Base Tunnel Aktiengesellschaft", BGBl. I No 87/2004, shall be amended as follows:

1. § 5 together with headline reads:

" Participation of the State of Tyrol and the ÖBB-Infrastruktur Bau AG

§ 5. The Federal Minister of Transport, Innovation and Technology is authorized in agreement with the Federal Minister of Finance, the Land Tirol 50 vH of the shares in BBT AG and the ÖBB-Infrastruktur Bau AG shares of the Confederation at the Galleria the base del Brennero-Brenner Base Tunnel BBT SE to divist. "

2. § 6 (1) reads:

" (1) The Federal Minister of Transport, Innovation and Technology shall, in agreement with the Federal Minister of Finance, provide the Federal Government with the basis for the planning of the Brenner Base Tunnel or of parts thereof in the context of the preparatory work on the Implementation of the joint part of the tunnel (studies, explorations, investigations) grants to the Galleria di Base del Brennero-Brenner Base Tunnel BBT SE, if

1.		the implementation of which, in accordance with the principles laid down in the transport policy, is, in particular, necessary for the Community guidelines for the development of the trans-European transport network, the general transport plan or intergovernmental agreements, and
2.		this is in the interest, in particular, of an economic and rapid implementation. "

3. The last sentence is deleted in Section 6 (2).

(4) The following sentence shall be added to § 8:

"Legal transactions according to § 2 of the Capital Traffic Tax Act at the Galleria di Base del Brennero-Brenner Base Tunnel BBT SE are exempt from the company tax."

5. The previous text of § 11 receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) § 6 and § 8 in the version of the Federal Law BGBl. I n ° 163/2005 are 1. Jänner 2005 in Kraft. "

Article 2

Amendment of the Federal Act on the Establishment of a "Brenner Eisenbahn GmbH"

The Federal Act on the Establishment of a "Brenner Eisenbahn GmbH", BGBl. No. 502/1995, as last amended by the Federal Act BGBl. I No 87/2004, shall be amended as follows:

1. § 3 (2) and (3) are:

" (2) The Company has received the Federal Minister of Transport, Innovation and Technology for the High Performance Stretch of the State Border at Kufstein-Innsbruck, or of parts thereof, or on request of the Federal Minister of Transport, Innovation and technology all documents necessary for an investment decision, where appropriate and applicable, in particular a detailed description of the project, capacity analyses and forecasts of expected traffic growth, Furthermore, a schedule with project-related planning and construction progress as well as a cost estimate, a cost-benefit analysis, an operational programme and a presentation of the quality of the railway infrastructure that can be achieved with the project. The subject matter and the amount of the necessary grant shall be agreed in individual contracts.

(3) In the contract between the Federal Minister of Transport, Innovation and Technology, in agreement with the Federal Minister of Finance and of the Company, on the grant for the construction of the High Performance Stretch of State at the State border Kufstein-Innsbruck or parts thereof shall be incorporated as a contractual partner to which the company shall be responsible for the high-performance extension of the State border at Kufstein-Innsbruck or parts thereof to be built and to which the company is responsible for the operation and the Preservation has to be handed over. A third party (public-private partnership model) must also be responsible for the costs involved, as well as an obligation to reimbursing the costs of the accepting company. The latter shall also apply if a grant for this company is awarded to the company. the provision (including the holding) shall be granted. "

2. In accordance with § 4, the following § 4a is inserted:

" § 4a. Legal transactions according to § 2 Capital Traffic Tax Act of the Company, which take place after 31 December 2004, are exempt from the company tax. "

Section 7 (5) and (6) shall be repealed.

Article 3

Amendment of the Railway Act 1957

The Railways Act 1957, BGBl. N ° 60, as last amended by the Federal Law BGBl. I No 123/2005, shall be amended as follows:

1. In § 130 (8), the Z 1 reads:

" 1.		Directive 91 /440/EEC on the development of the Community's railways, as amended by Directive 2004 /51/EEC;

(2) In § 133, the date of paragraph 11 shall be the date of "15 March 2008" by the date "31 December 2005" replaced.

Article 4

Amendment of the Rail Infrastructure Finance Act

The Rail Infrastructure Finance Act, BGBl. N ° 201/1996, as last amended by the Federal Law BGBl. I n ° 138/2003, shall be amended as follows:

In Section 3 (1), the previous "Z 4 and 5" the designation "Z 5 and 6" ; as Z 4 is re-inserted:

" 4.		The concern of all the operations and activities of an accredited testing body (notified body) in the field of railway systems; "

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