441. Regulation of the Federal Minister for National Defence on the Application of the Flexibility Clause to the Army Forest Administration Allentsteig (flexibilisation ordinance for the Heeresforstverwaltung Allentsteig)

On the basis of § § 17a and 17b of the Federal Budget Act (BHG), BGBl. No. 213/1986, as last amended by the Federal Law BGBl. I n ° 136/2004, shall be assigned in agreement with the Federal Minister for Finance:

Section 1

General provisions

Scope

§ 1. The Military Forest Administration Allentsteig is determined as an organizational unit in which the flexibilization clause is to be applied in accordance with § § 17a and 17b BHG and the provisions contained in this Regulation.

Project Period

§ 2. The project period starts with 1. January 2006 and shall cover a period of one year. However, it shall be extended for a further two years, provided that the time scope of § § 17a and 17b BHG is extended at least for this period.

Project Program

§ 3. (1) objectives of the organizational unit are, in accordance with the principles of financial management according to § 2 BHG,

1.		the implementation of the sustainable management and maintenance of the assigned land in the agricultural, forestry and hunting economic sense under the primacy of military use and taking into account the nature and environmental protection requirements and
2.		the improvement of the relationship between resource use and effectiveness in service operations.

(2) In order to achieve the objectives set out in paragraph 1, the organisational unit must comply with the project programme contained in the annex.

Section 2

Special authorisations and arrangements during the project period

Use of revenue

§ 4. The organisational unit is authorized to use its revenue during the project period in accordance with Section 17a (2) to (6) of the Federal HG (BHG) in order to cover its expenditure requirements in the implementation of the project programme, provided the Federal Minister of Finance is responsible for the Head of the Organizational Unit for Overscheduled Expenses according to § 17a (3) BHG.

Payments

§ 5. By way of derogation from § 52 (2), first sentence, BHG, the organisational unit within the project period may only make payments at the expense of the financial year in question by 31 December.

Reserves

§ 6. (1) The Federal Minister of Finance shall be responsible for the organisational unit in accordance with the conditions laid down in Section 17a (4) and (5) of the BHG.

1.		positive differences in the area of the organisational unit of a flexibilization reserve and
2.		negative goodwill in the area of an organizational unit as a negative reserve of the flexibilization reserve.

(2) Further deposit formation on the basis of a federal financial law authorization or according to § 53 BHG may not be made with the exception of § 53 paragraph 2 BHG.

(3) The Federal Minister of Finance has to provide the organizational unit in accordance with Section 17a (6) of the German Federal Ministry of Finance (BHG) with amounts from the flexibilization reserve formed in its favour, in accordance with the requirements of the necessary requirements.

Positive goodwill

§ 7. (1) Positive differences shall be used and divided in accordance with Section 17a (4) to (6) of the German Federal HG (BHG). The Federal Minister for National Defence, in agreement with the Federal Minister for Finance and after hearing the Controlling Advisory Board, has reached the last sentence of BHG and, in agreement with the Federal Minister for Finance, on the allocation according to Article 17a (5) pursuant to § 17a (6), first sentence, BHG to 20. In each case, the following financial year shall be decided. Prior to this decision, the Federal Minister for National Defence has to conduct negotiations with the head of the organizational unit via the division key.

(2) The percentage of the positive difference to be used by the organisational unit pursuant to § 17a (5), last sentence, BHG for rewards or performance premiums, to be used for the employees involved in the success and for the training of their staff members Do not exceed 25 vH of this amount.

Negative goodwill

§ 8. Negative goodwill is to be covered and compensated according to § 17a (4) and (5) BHG.

Section 3

Controlling-Advisory Board

Composition

§ 9. (1) The Federal Minister for National Defense shall be effective from 1. Jänner 2006 established a controlling advisory board in accordance with § 17a (7) BHG.

(2) The Controlling Advisory Board shall be members of the Controlling Advisory Board as members for the period referred to in paragraph 1.

1.		A representative of the Federal Minister for National Defense as Chairman,
2.		a representative of the Federal Minister of Finance and
3.		an advisory, non-voting expert in the field of business management.

(3) For the period referred to in paragraph 1, a substitute member shall be appointed for each member who shall, however, exercise his function only in the absence of the member represented.

Rules of

§ 10. The Advisory Council has to draw up a point of order, which requires the approval of the Federal Minister for National Defence and the Federal Minister of Finance. This provision should be made in particular:

1.		that the Advisory Council is able to take a quorum if at least the representatives of the Federal Minister for National Defence and the Federal Minister for Finance are present,
2.		under which conditions the absence of a member is considered to be excused and therefore a substitute member is to be charged,
3.		the conditions under which the head of the organisational unit and the representative of the duty station committee of the organisational unit are to be included,
4.		that the Advisory Council has to meet at least once per calendar quarter within the project period, and
5.		that the chairman should draw up an agenda and that it has been shown that it has been shown to have at least five working days before the meeting, together with the documents required for the consultation, to be submitted to the members.

Tasks

§ 11. The Advisory Council shall, in particular:

1.		participate in budget and personnel controlling for the organizational unit according to § 15a BHG advisory service,
2.		to examine the reports of the organisational unit, to draw up an opinion on the matter, and to immediately inform the Federal Minister for National Defence and the respective opinion, together with the report, to the Head of the organizational unit,
3.		If necessary, to prepare recommendations for the implementation of the project programme within the project period and to submit it to the Federal Minister for National Defence as well as the Head of the Organizational Unit, and
4.		on the draft report on the monitoring of success pursuant to Article 17a (8) of the BHG (BHG), to issue an opinion which should be attached to the report.

Organizational Unit Reporting Obligations

§ 12. (1) The Head of the Organizational Unit shall submit to the Advisory Board

1.		a report at least once in each calendar quarter within the project period; and
2.		a final report on the implementation of the project programme by the end of 30 June of the financial year following the end of the project period at the latest.

(2) The reports referred to in paragraph 1 shall be given in sufficient detail on:

1.		the project programme, and in particular the objectives set out therein,
2.		the performance catalogue and
3.		the development of revenue and expenditure, as well as the development of posts.
Reasons for deviations from the project programme shall be justified.

(3) In addition to paragraph 2, the reports referred to in paragraph 1 (1) (1) shall contain a preview of the future implementation of the project programme.

(4) The Head of the Organizational Unit shall submit additional reports to the Advisory Board, if necessary, at the request of the Advisory Board within a reasonable time.

Section 4

Final provisions

Transitional provisions

§ 13. (1) If the difference is positive at the end of the project period, Article 17b (2) of the Federal HG and Article 7 of this Regulation shall apply to positive difference amounts.

(2) A negative goodwill amount at the end of the project period shall be covered by the Federal Minister for National Defence in accordance with Section 17b (1) of the German Federal Ministry of Education and Development (BHG).

In-and Out-of-Force Trees

§ 14. This Regulation shall enter into force 1. Jänner 2006 in force.

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