144. Federal law amending the Federal Property Law and granting the authorization for the sale of immovable federal assets

The National Council has decided:

Article 1

Amendment of the Federal Property Law

Federal Property Law, BGBl. I n ° 141/2000 (Article 1), as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 151/2004, shall be amended as follows:

1. § 4 (3) reads:

" (3) Bundesimmobiliengesellschaft mbH has a CAD-supported database for all the objects in its property, in any case as far as they are rented by federal institutions, and shall update them on an ongoing basis. On request, Bundesimmobiliengesellschaft mbH from this database has in particular the following data to be made available to the Federal Minister for Economic Affairs and Labour, database-compatible and free of charge:

1.		Spatial and object data of the respective federal institutions;
2.		the structural object equipment data;
3.		the current CAD plans with room numbers, according to CAD guidelines given by the Federal Minister of Economics and Labour.
In addition, the company has for the higher-level coordinating tasks of the federal government, for example optimization in the field of energy and space management, on the basis of concluding contracts, its facilities and its infrastructure available to the public at the disposal of "

2. In § 11, the second sentence is deleted.

3. § 23 (1) Z 1 reads:

" 1.		the development and standardization of framework specifications for a uniform spatial data collection in cooperation with the Bundesimmobiliengesellschaft mbH. In the development of framework conditions it is necessary to ensure compatibility with existing and future related databases (Facility Management-Programme) of the Bundesimmobiliengesellschaft mbH as well as of the user departments. "

4. In § 23 (1), the Z 3 is deleted.

5. § 23 (2) sentence 1 reads:

" Data whose secrecy is required for reasons of comprehensive national defence shall not be included in the CAD-supported database in accordance with § 4 para. 3 or other real estate and/or other real estate or other property. Facility Management Databases and not submitted to the Federal Ministry of Economics and Labour. The Bundesimmobiliengesellschaft mbH has to ensure in its area the consideration of these confidentiality interests accordingly. "

6. In § 31 the following sentences are added:

" The Federal Government's right to property rights (including, in particular, real charges, pledge rights and pre-emption rights) in which the rights of property in accordance with § 13 are based on the law of the Federal Republic of Germany are excluded from the laws of construction law. Bundesimmobiliengesellschaft mbH have been transferred. § 17, excluding the provision of Section 1074 of the German Civil Code (ABGB), applies to such rights in accordance with the applicable law. "

7. In § 35, the word order shall be deleted "and on account" .

8. In accordance with § 39, the following section 6a and title shall be inserted:

" 6a. Section

Merger

Merger empowerment

§ 39a. The Bundesimmobiliengesellschaft mbH is authorized to act as a acquiring company with the Immobilienmanagementgesellschaft des Bundes mbH as a merger by admission in accordance with § 96 (1) Z 1 of the GmbH Act, RGBl. No 58/1906, as amended, in the course of the overall succession.

Special legal consequences in the event of merger

§ 39b. (1) In the case of the merger of the Bundesimmobiliengesellschaft mbH with the real estate management company of the federal government mbH as transferring company according to § 39a, all rights and obligations of the real estate management company of the federal government mbH on the Bundesimmobiliengesellschaft mbH. In this case, head of the Office of the Bundesimmobilien in accordance with Section 24 (1) will be the managing director of Bundesimmobiliengesellschaft mbH responsible for personnel matters.

(2) Bundesimmobiliengesellschaft mbH is collectively contractable for its employees. For the duration of the application and for the scope of a collective agreement to be applied in accordance with paragraph 3 or a collective contract concluded by Bundesimmobiliengesellschaft mbH, the legal representation of the employer shall lose its interest. with regard to Bundesimmobiliengesellschaft mbH, the collective bargaining capacity.

(3) Collective agreements concluded by the Immobilienmanagementgesellschaft des Bundes mbH and which are applicable on the day before the merger with the Bundesimmobiliengesellschaft mbH shall apply from the merger for the female employees and Employees of Bundesimmobiliengesellschaft mbH. This does not affect the more favourable individual contractual arrangements of employees of Bundesimmobiliengesellschaft mbH.

§ 39c. (1) In the event of the merger of the operational organisation of Bundesimmobiliengesellschaft mbH and the Immobilienmanagementgesellschaft des Bundes mbH, the period of operation of the works councils existing in these enterprises shall be terminated half a year after the end of the first full financial year following the merger.

(2) From the date of the merger of the establishments of Bundesimmobiliengesellschaft mbH and the Immobilienmanagementgesellschaft des Bundes mbH, the works councils existing in these enterprises form an institution of the employees ' body (uniform works council), on whose activity the provisions in § 62c of the Labour Constitution Act, BGBl. No 22/1974, should be applied mutatily.

(3) It is necessary to ensure that works council elections take place in such a timely manner that a newly elected works council can take up its activities immediately after the expiry of the period referred to in paragraph 1.

(4) If use is made of the authorization pursuant to Section 39a, a single works council established in accordance with paragraph 2 shall have the right, from the date of the registration of the merger, to the Company Book, by majority decision, employee representatives in the The Supervisory Board of Bundesimmobiliengesellschaft mbH is to be sent. Such a decision shall only be legally effective if at least one member is posted to the Supervisory Board from each of the works councils that constitute a works council established in accordance with paragraph 2. "

9. § 47 Z 1 reads:

" 1.		§ 6 para. 2, 15, 18, 19 para. 1 and para. 2, 31, 33, 34, 39a, 39b, 39c and 43 of the Federal Minister for Economic Affairs and Labour in agreement with the Federal Minister of Finance "

10. The following object shall be added to Appendix A.1.1 to Art. 1:

O

45212

Urfahr

EZ 500

640.026

WE 1278/1000000

11. Annex A.2 to Art. I shall be amended as follows:

a) The line "W 01006 Landstraße 1307 690.123" receives the annotation "2"

b) At the end of Appendix A.2 to Art. I shall be under "Note" the following note:

"2 with the exception of the face of the base piece no. 1086/2, which is referred to as the" Alpengarten ".

12. Annex B to Art. 1 shall be amended as follows:

(a) From Appendix B to Art. 1, the following object shall be deleted:

GRZ	KG	EZ	Place	Address
690.142	01503	16, 269	1190 Vienna	High Wait 34-36

b) From the line " 690.037 ... Otto Wagner Bank Building " Appendix B to Art. 1 shall not apply the deposit number "939" .

c) The field "Address" this line is now: "Hohenstaufengasse 3"

Article 2

Federal law on the sale of immovable federal assets

§ 1. The Federal Minister of Finance is authorized to provide the following information on immovable federal assets:

1.		Sale of the property EZ 939 (Hohenstaufengasse 1), Grundbuch KG 01004 Inner Stadt Wien, to the Bundesimmobiliengesellschaft mbH or to a subsidiary in its 100% owned by an expert identified by an expert Traffic value as a basic charge, whereby the use of the property by resale or participation of third parties is subject to a rectification obligation.

§ 2. The Federal Minister of Finance is responsible for the enforcement of this federal law.

Fischer

Bowl