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Tasks And Organization Of The Federal Waterway Administration Waterway Law

Original Language Title: Aufgaben und Organisation der Bundes-Wasserstraßenverwaltung - Wasserstraßengesetz

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177. Federal Law on tasks and organisation of the Federal Waterway Administration – Waterways Law

The National Council has decided:

Contents

1.Part: General provisions

§ 1.

Scope

§ 2.

The tasks of the Federal Waterways Management

§ 3.

Principles of waterway maintenance

2. Part: Organisation of the Federal Water Management

1. Section: Establishment of

via donau Austrian waterway company m. b.

§ 4.

via donau – Austrian waterway company m. b.

§ 5.

Exercise of company rights

§ 6.

Company ownership

§ 7.

Legal application

§ 8.

Declaration of establishment

§ 9.

Company register

§ 10.

Corporate object – tasks

§ 11.

Transfer of assets

§ 12.

Assessment

2. Section: institutions of society

§ 13.

Management

§ 14.

Supervisory Board

§ 15.

Order of the first institutions

3. Section: General rights and obligations of society

§ 16.

Corporate concept, accounting and reporting

§ 17.

Fees

§ 18.

Reduction by the Federal Government

§ 19.

Law of supervision of the Federal Republic

§ 20.

Exemption

§ 21.

Official arrest and arrest

4. Section: Transfer of staff

§ 22.

Officials

§ 23.

Contractual staff

§ 24.

Provisions for employees who become employees of society

§ 25.

Equal treatment

§ 26.

Representatives of workers

5. Section: Legal representation

§ 27.

Advice and representation through financial proscracy

3. Part: Transitional and final provisions

§ 28.

Continuation of competences and allowances

§ 29.

collective contractability

§ 30.

Referrals

§ 31.

Language equality

§ 32.

Background

§ 33.

Extra-power

1.Part: General provisions

Scope

§ 1. This federal law regulates tasks and organisation of the federal waterway management on waterways (§ 15 of the Law on Shipping, BGBl. I No 62/1997) and on the March above river-km 6,0 and the TETRA from the estuary to the March to Bernhardsthal, including the arms, side channels and branches of these waters, as far as they are directly connected with the main waters, and including water-building facilities such as banks, marshes, central plants, thresholds and distillations.

The tasks of the Federal Waterways Management

§ 2. (1) The federal waterway management includes in particular:

1.

regulation, maintenance and development of water;

2.

flood protection, including preparation and implementation of preventive and defensive measures to prevent flooding and flood damage prevention, with the exception of the construction of flood-retaining facilities at the Danube;

3.

monitoring of water status and participation in measures against water pollution;

4.

banking, including improving the living conditions of animals and plants on banks and in nearby areas;

5.

planning, construction and maintenance of stairs (§ 2 Z 26 of the Maritime Law);

6.

Establishment and maintenance of federal ports and federal ports (§ 33). 2 of the Maritime Law;

7.

hydrography and measures to create favourable drainage conditions (Water Law 1959 – WRG 1959, BGBl. No 215), in particular the measurement, collection, retention and processing of the necessary data, including their transfer to the relevant services of local authorities and the establishment and maintenance of measurement facilities;

8.

Bundesagenden pursuant to the Federal Law on the formation of a Danube High Water Protection Conference, BGBl. No 372/1927, and the Federal Law on the Staff of the Danube High Water Protection Conference, BGBl. No. 367/1973;

9.

the fulfilment of the obligations of the Republic of Austria arising from bilateral and international treaties, in particular the regulation and maintenance of waterways; These include the removal of congestions on the Danube Road, taking into account the European Union's guidelines on trans-European networks – TENs (Total Flow Building Project) and participation in the border waters commissions relevant to Section 1;

10.

managing public water resources and water-related lands;

11.

management of the movable and irreversible objects of the Federal Republic, which are necessary to carry out the tasks mentioned in Z 1 to 10;

12.

tasks under the Water Building Promotion Act, BGBl. No. 148/1985.

(2) From the tasks referred to in paragraph 1 are the tasks of the Federal Minister for Transport, Innovation and Technology in accordance with Z 12 and the strategic planning, control and control of all tasks referred to in paragraph 2. 1 reserved.

(3) The Regulation provides for more detailed provisions on the tasks referred to in paragraph 1. 1 and on their fulfilment, in particular on the dimensions of the waterway traffic, taking into account the obligations of the Republic of Austria in accordance with the Convention on the regulation of navigation on the Danube, BGBl. No. 40/1960, as well as the European Union guidelines on trans-European networks – TEN.

Principles of waterway maintenance

§ 3. (1) The waterways must be designed, built and maintained in such a way as to ensure that, in accordance with and in compliance with the water legislation, they are exploited by all users, taking into account the weather conditions, the temporal and local circumstances and, without risk, certain circumstances. It is important to note that shipping is not a barrier to shipping, or a threat to bank buildings, due to storage of diverted or particulate matter.

(2) All measures to be taken in waters pursuant to Section 1 shall be carried out under the maximum of the environment and natural closeness; they must be designed to project and carry out operations in the landscape and nature (ecosystem) that are not necessarily necessary, without undue interference, as far as possible compensated by compensation measures.

2. Part: Organisation of the Federal Water Management

1. Section: Establishment of
via donau – Austrian waterway company m. b.

via donau – Austrian waterway company m. b.

§ 4. (1) In order to meet the waterways-related tasks of the Federal State, in particular the Federal Waterways Administration, a company with limited liability will be established with the name "via donau - Austrian waterway company m. b. H." (hereinafter referred to as the Company) established in Vienna through the merger to start up the business of the Austrian DONAU-operative company, the Austrian DONAU-technology-GmbH and the via donau development company mbH for telematics and the Danube (hereinafter referred to as the transferred companies). The merger will take effect on 31 December 2004 (day running). Claims from outstanding, unsolicited deposits to the company capital of the transferred companies go under the merger. With effect on 31 December 2004, the Federal Government dismisses 50 % of its claims from unpaid rebates to the shareholders against the Austrian DONAU holding company.

(2) The provisions of Articles 220, 220a, 220b, 220c, 221, 221a, 222, 225(1) and 2, 225a(2), 233 paragraph 2, 2, 233(2). 2 to 4 of the Federal Law on Company Companies – ActG, BGBl. No 98/1965, in conjunction with § 96(2). 2 of the GmbH Lawes - GmbHG, RGBl. No 58/1906, and the provisions of Articles 97 to 100 GmbHG do not apply.

(3) The capital of the company is a nominal 2 000 000 euro and is fully raised by the assets of the merging companies.

(4) The company is created and starts operations with 1 January 2005.

(5) The financial year is the calendar year.

Exercise of company rights

§ 5. With the exercise of company rights, the Federal Minister for Transport, Innovation and Technology is entrusted.

Company ownership

§ 6. The business shares are wholly vH owned by the Federal Government.

Legal application

§ 7. In so far as this federal law does not contain or does not contain any other provisions, the GmbHG shall apply.

Declaration of establishment

§ 8. The declaration of establishment is to be issued by the Federal Minister for Transport, Innovation and Technology in agreement with the Federal Minister for Finance. In so far as the information required under § 4 GmbHG is not included in this federal law, they must be included in the declaration of establishment.

Company register

§ 9. The first management of the company has immediately retroactively reversed its expiry date (§ 4, paragraph 4). 4) to notify the company's register of signatures. The report of the auditor according to § 12 2 and the final balances according to § 12. 3 are available within six months. A start-up test according to § 6a. 4 GmbHG is not a prerequisite for registering the company in the corporate book.

Corporate object – tasks

§ 10. (1) The company's object is to carry out the following tasks of the Bundes:

1.

federal waterway management according to § 2(2). 1 Z 1 to 11;

2.

Development tasks for inland waterway transport, in particular:

(a)

increasing the volume of goods, including intermodal transport in relation to inland waterways, in particular the Danube, through project development, monitoring and promotion;

(b)

development and implementation of new technologies and systems relating to inland waterways;

(c)

Public services in the maritime sector, such as the promotion of waterways transport, participation in international initiatives to develop inland waterway transport, in particular the Danube waterway, co-operation and representation in maritime tasks, especially at European level and the promotion of strategic partnerships with organisations and companies in the Danube countries;

(d)

implementation of pilot projects to develop intermodal transport axes inland waters, in particular on the Danube;

(e)

Implementation of studies, investigations, research and management orders for third parties, in particular for public authorities, especially in the areas of Lithuania.a to d.

3.

Operation of inland waterway information services (River Information Services – RIS) of the Federal Republic.

(2) The company is also entrusted with the following high-level tasks of the Federal Republic:

1.

all Regulations adopted under the provisions of § 38 of the Maritime Law and the Substantial Provisions to date for the Navigation Police (Shipping Inspection) to carry out assigned tasks of the Maritime Traffic Scheme in the squirrels of the river basins on the Danube Road (sight of the river);

2.

all the regulations adopted under the provisions of § 38 of the Maritime Law and the Conventions to date of the Waterways Directorate for the execution of the tasks assigned to the maritime traffic regime in the Hinuse Nussdorf;

3.

all the obligation to participate so far in the monitoring of compliance with decision-making requirements concerning the maintenance of congestion on the Danube waterway in accordance with the provisions of the WRG 1959 (Wehr Supervision);

4.

all the tasks to be assigned to waterways in accordance with § 59. 6, 59c, 4 and 59i. 4 WRG 1959, as well as the obligation to participate in the monitoring of water in accordance with § 130 ff WRG 1959.

For these tasks there is an obligation to operate under the principle of equivalence of tasks management.

(3) The company is entitled to all the services, shops and measures necessary or useful to achieve its social objectives. This may result in the fulfilment of the tasks referred to in paragraph. 1 and 2 are not affected.

(4) The company has to comply with the tasks referred to in paragraph. 1 Z 1 mainly to use legal channels of private law.

(5) As a result of the merger to the company, the company has the parts of the company which have been introduced for the performance of the tasks referred to in paragraph 1. 1 Z 1 is not necessarily necessary to proceed immediately and recover; These include, in particular, those parts of companies that already exist before the merger pursuant to Section 4(4). 1 for sale.

Transfer of assets

§ 11. (1) The property of the federal law BGBl. No. 11/1992 and Regulation BGBl. 810/1992) manages and uses movable assets that are necessary to carry out the tasks of society, including all rights, legal relationships, obligations, claims and debts, with the emergence of society through the overall succession of law.

(2) The properties of the Federal Government, managed by the Waterway Directorate, Annex1 go through the emergence of the company in its property. This transfer of property is subject to a general rule of law, in particular with regard to private and public law and obligations relating to the property brought.

(3) The previously managed and used movable assets in the lock warrant and in the offices and residences assigned to the lock-in supervision in the Schleusen building, managed by the Maritime Police (Shipping Inspectorate).

(4) The land register is to be prepared by the Landbook Court on the basis of the Federal Minister for Transport, Innovation and Technology or the Society without any further documents.

Assessment

§ 12. (1) The values for the § 11(1). 1 to 3 transferred assets must be determined on the occasion of the opening balance, which must be drawn up within six months of the emergence of society. For determining the values in the opening balance, there is no link to the purchase and production costs. The values of technical facilities and installations must be determined according to their use, taking into account the current state of technology. The capital transferred to the company is to be transferred to the opening balance of the company without increasing the capital, with the equivalent in a non-binding capital reserve (§ 224). 3. A Z II 2 of the Commercial Code, dRGBl 1994. S 219).

(2) As an investment, the opening balance sheet has to include a summary of the assets and passives of the company, which are understandable and operational, and which can be seen from overcoming creditors and debtors. In addition, the plant has to contain all assets, legal relationships and burdens that go beyond society, which are not shown in the balance sheet. At the transfer of assets, the capital rules on the establishment of a property in accordance with § 6a. 4 GmbHG with the exception of the rules on audit reports by the Executive Board and the Supervisory Board in accordance with § 25(2). 1 ActG. The opening balance is to be examined and confirmed by a court appointed auditor; The audit report is considered a founding report pursuant to § 26(2). 2 ActG. The publication of the opening balance in the Vienna newspaper, in accordance with Article 10 of the Commercial Code, including the submission of proof of the publication of this publication at the Corporate Court in accordance with Article 277(2). 2 of the Commercial Code is to be led by the Executive Board.

(3) The merger pursuant to § 4(2). 1 is based on the final accounts of the transferred companies; as a final balance sheet, the accounts of the transferred companies shall apply for 31. December 2004. The company continues the book values from the final accounts of the transferred companies.

2. Section: institutions of society

Management

§ 13. (1) For society, up to two CEOs will be appointed for the duration of up to five years. The order of total competitors is permitted.

(2) If a federal official as a manager enters a working relationship with the company, he shall be deprived of the salary for the duration of this work.

Supervisory Board

§ 14. (1) The company has a supervisory board consisting of at least four members. A member is appointed by the Federal Minister for Finance, the other members are appointed by the Federal Minister for Transport, Innovation and Technology.

(2) On the posting of members of the board of employees, the Labour Law – ArbVG, BGBl. No 22/1974, is to be applied.

(3) The members of the Supervisory Board are obliged to provide comprehensive information in relation to the respective appointed or posted Federal Minister.

(4) Decisions of the Supervisory Board to use additional federal funds to the Supervisory Boards provided for in Section 18 require the approval of all members of the Supervisory Board appointed or posted by the Federal Minister.

Order of the first institutions

§ 15. (1) The appointment of the first management has to be made by the Federal Minister for Transport, Innovation and Technology, following In-Automotives of this federal law.

(2) The Federal Minister for Transport, Innovation and Technology is empowered to do so until the end of 30. to appoint an interimist executive. The Act of Procurement, BGBl. I No 26/1998, is not applicable to this process.

(3) The members of the first supervisory board must be appointed and sent before registering the company. The Supervisory Board will then be set up without delay by the Federal Minister for Transport, Innovation and Technology and, from its centre, select a chairman and deputy.

3. Section: General rights and obligations of society

Corporate concept, accounting and reporting

§ 16. (1) The company is to be guided by commercial principles, while respecting the principles of austerity, efficiency and usefulness.

(2) The first Executive Board has to prepare a business concept within six months of its order and submit it to the Supervisory Board for approval. The concept of enterprise has included, in particular, the company's objectives, strategies and organisation as well as the plans for the use of human and material resources, investment projects and financing.

(3) The Management Board has to ensure the establishment of a planning and reporting system to ensure compliance with reporting obligations under the legal provisions and in accordance with the provisions of the Federal Minister for Finance with regard to the implementation by the Federal Minister for Transport, Innovation and Technology and by the Federal Minister for Finance.

(4) The Management Board has to submit to the Supervisory Board every year until the end of March for the next calendar year the annual work programme and the annual budget for approval, according to § 18(2). 3 and 4 agree to the Federal Minister for Transport, Innovation and Technology and the Federal Minister for Finance. In addition, a project report and a forecast for the following three calendar years will be prepared. The annual budget must be drawn up in accordance with the principles of austerity, efficiency and relevance and taking into account all possible rationalisation potentials, and in particular includes plans for the use of human and material resources, investment projects and funding.

(5) In the accounting of the company, the flows of funds are for those in Section 18(2). 1 to 3 defined areas of responsibility in each separate jurisdiction.

Fees

§ 17. (1) The company provides its services against remuneration.

(2) Data collected by the company in compliance with the federal tasks referred to in Section 2 shall be made available free of charge to the Federal Government for full further use in a form defined by the Federal Government.

(3) The use of real estates which are owned by the company and which are necessary for the fulfilment of the statutory tasks of the Federal Government is free of charge.

(4) For services on behalf of the Danube High Water Protection Conference in accordance with Section 2(2). 1 Z 8 is calculated on cost-covered charges.

Reduction by the Federal Government

§ 18. (1) The Federal Government, represented by the Federal Minister for Transport, Innovation and Technology, has the annual expenditure incurred for the implementation and maintenance of public-interest operations (planning and monitoring tasks, hydrography, data management and fundamentals of measurement, administrative failures of the Danube-high-protection competition, military oversight, operation of inland waterway information services (RIS) and continuous inland waterway development tasks for the Federal Ministry of Transport, Innovation and Technology), from the date of their emergence of their annual spawning amount of €500 000.

(2) The Federal Government, represented by the Federal Minister for Transport, Innovation and Technology, has for the costs incurred by society in carrying out its tasks in accordance with Section 10. 2 Z 1 (surveillance) arises from the annual amount of revenue of the Federal Republic from the scope of the costs of the police traffic regime by the owner of the waterway licence (§ 39 of the Law on Shipping).

(3) The Federal Government, represented by the Federal Minister for Transport, Innovation and Technology, can provide the company with deductions for the operational management of current waterways as well as project-related tasks, in accordance with the resources provided for in the annual federal financial law for these purposes.

(4) In addition to the deflations referred to in paragraph 1 allows the Federal Government, represented by the Federal Minister for Transport, Innovation and Technology, to pay an increase in expenditure under the condition that this is necessary despite a more economical, economical and appropriate rationale of society and considering rationalisation measures.

Law of supervision of the Federal Republic

§ 19. (1) In fulfilment of the tasks referred to in Section 10, the company shall be subject to the supervision and instruction of the Federal Minister for Transport, Innovation and Technology, without prejudice to the rights of the General Assembly and the Supervisory Board of the Supervisory Board, to provide all necessary information and to provide all relevant documentation.

(2) The Federal Minister for Transport, Innovation and Technology can give the company general instructions or instructions on a case-by-case basis, in compliance with this supervisory rights, and withdraw the order to the Managing Director if it does not follow instructions or provides information in accordance with paragraph 2. 1. § 16 GmbHG will not be affected.

(3) In fulfilment of the high-level tasks referred to in Section 10. 2 Z 1 and 2 (Local supervision) are subject to the supervision of the Federal Minister for Transport, Innovation and Technology, which is exercised by the local competent bodies of maritime supervision. They are bound by their instructions.

Exemption

§ 20. (1) The employees of the company are obliged to carry out their tasks of a seriousness over all the facts known exclusively from their activities in the context of society, whose confidentiality is required in the interest of a local authority, a company or a predominant interest of a party (providence obligation). There is no need for the institutions ordered by the Federal Government to have such information expressly requested. The provisions of § 46(1) to 4 of the Civil Service Act 1979 - BDG 1979, BGBl. No 333, are also applicable to employees of society.

(2) Adependation of the obligation to deduct the employees of society and those of them in accordance with Article 22(2). 1 to 3 officials assigned to the permanent service can only be provided by the Federal Minister for Transport, Innovation and Technology.

(3) The employees of the company and those of it pursuant to Article 22(2). 1 to 3 officials assigned to the permanent service are, in any case, exempted from their obligation of substantiveness in the procedures referred to in Section 21.

Official arrest and arrest

§ 21. (1) For the persons on behalf of the company, or other persons on behalf of the company on the basis of this law in the exercise of the high-level tasks referred to in Section 10. 2 Wherever damage is always due, the Federal Government is liable in accordance with the provisions of the Act of Official Liability, BGBl. No 20/1949. In this case, the Federal Government has, for its part, declared the party responsible for the return claim (§ 21 of the Civil Procedures Regulation, RGBl. No 113/1895); This may then accede to the dispute as ancillator (§ 17 of the Civil Procedure Code). The company and the person who has caused the damage are not liable to the injured party.

(2) If the Federal Government has the injured person in accordance with paragraph 1 replaces the damage, it may, according to the provisions of Section 2(2). 1, § 3 1, § 5, § 6 2, § 9. 1 and § 10. 1 of the law on liability of the company.

(3) Where the company is based in accordance with paragraph It is entitled, in accordance with Articles 3 and 5 and § 6(2). 2 of the law on liability of the person who considers to be liable for the return claim to claim back replacement. In this procedure, the persons used for restitution are exempted from the obligation of seriousness.

(4) For those of the institutions or employees of the company or other persons on behalf of society, in the exercise of the high-level tasks referred to in Section 10. 2 the company is liable directly to the Federal Government for the damage caused to it under the provisions of the Act of Arrest, BGBl. No 181/1967, which stipulates that the Labour and Social Court Law is not applicable and that persons used for liability are exempted from the obligation of seriousness.

(5) If the company has compensations to the Federal Government in accordance with paragraph 4, it is entitled, in accordance with § 1, § 2(2). 2 and § 3 of the Law on organ liability for restitution of the persons concerned. In six months after the end of the day when the company has recognised the right to compensation to the Federal Government or has been sentenced to the replacement.

4. Section: Transfer of staff

Officials

§ 22. (1) Officials (§ 1 BDG 1979), who are members of the society of the waterways Directorate, are to be appointed within three months of the emergence of the company for the duration of their service of the company, unless they do not, at least, cover the tasks of the federal waterway management in the central direction of the Federal Ministry of Transport, Innovation and Technology, and as long as they are not assigned to any other service of the Federal or any other company established in Austria, to which the company is at least a majority shareholder (Figure 4).

(2) Officials (§ 1(2). 1 BDG 1979), which belongs to the Office of the Waterways Directorate on the day before the formation of the company, will be assigned to this service for the duration of its service as long as it is not assigned to another company headquartered in Austria where the company is at least a majority shareholder (Figure 4).

(3) Officials (§ 1(2). 1 BDG 1979), which is part of the day before the emergence of the company of the maritime police and provide tasks of the smuggling scheme, must be assigned within three months from the emergence of the company for the duration of its service of the company, unless it is at least mainly involved in the police tasks which are not linked to the smuggling scheme, or they are not necessary for the provision of the police tasks remaining at the Federal Minister for Transport, Innovation and Technology, and as long as they are not assigned to any other service of the Federal or other company with the majority of service.

(4) The use of civil servants assigned pursuant to paragraphs 1 to 3 in the event of a succession of the company or in a company established in Austria where the company is at least a majority shareholder is permitted.

(5) For the officials referred to in paragraphs 1 to 3, the Office of the Austrian waterway company m.b.H. will be established. This service is directly assigned to the Federal Ministry of Transport, Innovation and Technology and is headed by the Member of the Management of the Company, which is bound by the instructions of the Federal Minister for Transport, Innovation and Technology.

(6) The second applies to officials under paragraphs 1 to 3. Part ArbVG and the Labour Protection Act - ASchG, BGBl. No. 450/1994.

(7) In accordance with paragraphs 1 and 3, if they declare their exit from the federal service within five years of the emergence of the company, they are entitled to enter into a working relationship with the company or a society in which the company is at least a majority shareholder, with effect from the expiry of the following month and after the provisions applicable at that time for new workers. The time spent by the Federal Government is calculated for all time-related claims. The provisions of § 23(2) are to be incorporated into a working relationship with society. 5 and 6 in accordance with the principle of applying to a staff who have been transferred from a contractual relationship to the Federal Government.

(8) For officials pursuant to paragraphs 1 to 3, the company has to replace the entire activity effort with ancillary costs as well as to contribute to the cover of the pension effort (catch contribution). This contribution is 31.8 % of the burden on assets. As an asset, all cash benefits, of which a pension contribution is to be paid. The pension contributions retained by officials are to be counted with the exception of special pension contributions. In the event of a future change in the amount of the pension contribution of officials in accordance with § 22 of the salary law 1956 - WickG, BGBl. No 54, the percentage of the contribution to cover changes to the same extent. Following the emergence of the company to these special pension contributions and transfers amounts, it must be transferred immediately to the Federal Government. The other payments to the Federal Government are due each month on the tenth of the month concerned.

Contractual staff

§ 23. (1) Contractual staff belonging to the day before the emergence of the society of the Waterways Directorates, unless they are at least responsible for the management of the federal waterways in the central direction of the Federal Ministry of Transport, Innovation and Technology, are to be designated by a ministerial declaration of the Federal Minister for Transport, Innovation and Technology of the Society for a continuous service to be issued within three months of the emergence of the company. They are employees of society from the time of the in-power dispute of the contractor's declaration. The company continues the rights and obligations of the Federal Republic against the contractual staff.

(2) Contractual staff who are party to the day before the emergence of the company of the maritime police and who have to carry out tasks of the smuggling scheme, unless they do not, at least, provide police tasks that are not linked to the smuggling scheme, or they are not necessary for the management of the police tasks remaining at the Federal Minister for Transport, Innovation and Technology, by means of a police declaration to be issued within three months of the formation of the German Federal Minister for Transport, Innovation and Technology for the provision of services. They are employees of society from the time of the in-power dispute of the contractor's declaration. The company continues the rights and obligations of the Federal Republic against the contractual staff.

(3) The workers referred to in paragraphs 1 and 2 shall be subject to the provisions of the law of the service and remuneration, in particular the law of the contract agent 1948 - VBG, BGBl. No. 86; the conclusion of special contractual arrangements under Section 36 VBG is no longer permitted. In accordance with paragraphs 1 and 2, if they declare their willingness to leave out of the transferred employment relationship, in accordance with the legislation to be applied to them, directly after the effect of an individual agreement derogating from the transferred employment relationship, they are entitled to a working relationship in accordance with the legal bases applicable to new entrants.

(4) Where workers are employed in accordance with paragraph 1 and 2 create a working relationship with society according to the legal bases applicable to new entrants, there is no right to be processed in connection with this departure. The service period spent in the previous service is calculated for all time-related claims.

(5) Change workers according to paragraph 1 and 2 of this service to society directly into a service relationship with the Federal Government, they must be treated as if this service would have been such a relationship to society.

(6) Expectations on the handling and anniversary expenses of workers in accordance with paragraph 1 and 2 are taken over by society.

(7) Within two years of the emergence of society, a dismissal is one of the in Section 32(2). 4 VBG reasons not allowed.

Provisions for employees who become employees of society

§ 24. (1) For the satisfaction of the rights of the staff, as set out in Article 23(2). 1 and 2 employees of the company are liable as a default guarantee (§ 1356 ABGB). The amount of liability is limited to this amount, which, on the day before the effectiveness of the departure from the federal service, derives from the seniority status of these staff, taking into account their use at that time, plus the period of service which has been withdrawn after that date and the planned regular withdrawals.

(2) Requests from the Federal Republic against staff in accordance with Article 22(2). 7 and 23 paragraphs. 1 and 2 go over with the date of the reasoning of their employment relationship with the company and, in the case of payment, are to be returned immediately to the Federal Government.

(3) Workers in accordance with Article 22(2). 7 and 23 paragraphs. 1 and 2 must be treated in such a way as to whether they would be federal staff. Such use does not give rise to any stock ratio of the housing concerned; the provisions of Section 80 BDG 1979 and the § 24a to 24c WalkG continue to apply in a meaningful manner. The rights of the service provider within the meaning of Section 80 BDG 1979 are respected by the Federal Minister for Transport, Innovation and Technology.

(4) All employees of society, the high-level tasks of the smuggling scheme in accordance with § 10. 2 Z 1 and 2 shall apply the provisions of Articles 48a to 48f of the BDG 1979.

Equal treatment

§ 25. On the employees of the company, which is referred to in Section 22(2). 1 to 3 officials assigned to the permanent service as well as candidates for inclusion in a working relationship with society is the Federal Equal Treatment Act (B-GBG), BGBl. No. 100/1993, with the exception of the fourth and fifth sections of the third part, the fifth parts and the § 50, to apply the company as a service (section 2(1) and 2 B-GBG).

Representatives of workers

§ 26. (1) The services committees set up under the Federal Staff Offices Act - PVG, BGBl. No. 133/1967, in the maritime police and the waterwaysdirection, and the operating councils of the transferred companies shall be responsible for the operation of the Company for the until then, the company is represented in accordance with Article 22(2). 1 to 3 and § 23(2). 1 and 2 delegated federal staff and the employees of society. In order to tender for operating council elections, it is necessary to ensure that the newly elected Works Council can take up its activities no later than two years after the emergence of the company. The officials assigned to the company as a permanent service also continue to be part of the scope of the Central Committee's work in the Federal Ministry of Transport, Innovation and Technology for the staff, with the exception of the Post and Telecommunications Administration.

(2) All workplaces in the company form a single operation within the meaning of Section 34 ArbVG.

5. Section: Legal representation

Advice and representation through financial proscracy

§ 27. The company, as well as all companies in which it holds the majority of the shareholdings, are entitled to take advantage of the advice and representation of all legal matters by the financial system.

3. Part: Transitional and final provisions

Continuation of competences and allowances

§ 28. (1) Existing statutory competences, allowances and evidence of the competences set out in § 11(2). 1 and 3 organised units of the Federal Republic concerned shall continue to be considered as such of society as from the emergence of the company.

(2) The concessions and approvals of the transferred companies go to society. If reference is made to the transferred companies in the federal legislation, the company will be replaced.

(3) Insofar as such competences, allowances and evidence of society are lacking to fulfil their tasks and required by other federal legislation, these must be provided by society until the expiry of two years from their emergence. This applies in particular to the lack of commercial privileges and approvals of operating installations under the 1994- GewO 1994, BGBl. No 194, for the qualification of teachers under the Professional Law, BGBl. No 142/1969, and for qualifications, allowances and evidence under the Civil Engineering Act 1993 – ZTG, BGBl. No. 156/1994.

collective contractability

§ 29. The company has a collective ability to fulfil its obligations under § 7 ArbVG.

Referrals and relations with other legislation

§ 30. (1) Where reference is made to provisions of other federal laws, these must be applied in their respective version.

(2) On society, the provisions of Section 1(2) are: 2 Z 1 lit.j of the Federal Law on Transport Inspection – VAIG, BGBl. No. 650/1994.

Language equality

§ 31. To the extent that the federal law applies to natural persons only in male form, they refer to women and men in the same way. When applying the names to certain natural persons, the gender-specific form must be used.

Background

§ 32. (1) The law is enforced insofar as in paragraph. 2 nothing else is meant by the Federal Minister for Transport, Innovation and Technology.

(2) The full text of the § 8, 11 paragraphs. 2 and 4, § 16(2). 4 and 5 and § 18 are the Federal Minister for Transport, Innovation and Technology in agreement with the Federal Minister for Finance.

Extra-power

§ 33. On 1 January 2005, the following will take effect:

1.

the Waterways Regulation, BGBl. No 274/1985;

2.

the Federal Law on the Organisation Privateization of the Waterways Directorate and the establishment of a , Austrian DONAU Company, BGBl. No 11/1992;

3.

the Regulation on the establishment and scope of the waterway direction, BGBl. No 810/1992.

Fischer

Key

Annex 1 to §11(2):

Catastral community

No.

Number of posts

Map

Gst.

/

No.

ARDAGGER MARKT

03004

561

5634-07/4

1850

/

51

ARDAGGER MARKT

03004

561

5634-08/2

1850

/

52

HÖSSGANG

03017

35

6535-43/1

137

/

1

HÖSSGANG

03017

35

6535-43/3

137

/

2

DÜRNSTEIN

12105

541

6937-55/4

1279

/

3

DÜRNSTEIN

12105

541

6937-55/2

1279

/

4

DÜRNSTEIN

12105

541

6937-55/3

1551

/

11

DÜRNSTEIN

12105

541

6937-55/4

1279

/

1

DÜRNSTEIN

12105

541

6937-55/2

1551

/

10

DÜRNSTEIN

12105

541

6937-55/4

1551

/

4

DÜRNSTEIN

12105

578

6937-64/2

1547

/

6

DÜRNSTEIN

12105

578

6937-64/2

1551

/

3

DÜRNSTEIN

12105

578

6937-64/4

1551

/

7

DÜRNSTEIN

12105

578

6937-64/4

1551

/

8

KREMS

12114

3029

7037-54/4

3400

/

1

KREMS

12114

3029

7037-54/3

3158

/

28

KREMS

12114

3029

7037-54/3

3379

0

KREMS

12114

3029

7037-54/3

1183

0

KREMS

12114

3029

7037-54/3

1192

0

KREMS

12114

3029

7037-54/3

1193

0

KREMS

12114

3029

7037-54/3

1194

0

STEIN

12132

303

7037-59/4

1489

/

5

STEIN

12132

303

7037-60/1

1489

/

6

STEIN

12132

303

7037-60/1

1489

/

9

STEIN

12132

303

7037-60/1

1489

/

23

STEIN

12132

303

7037-60/1

1489

/

7

STEIN

12132

303

7037-60/1

1489

/

8

STEIN

12132

810

7037-60/2

522

0

STEIN

12132

810

7037-59/4

462

0

ROAD

12167

645

0128-01

1538

/

12

ROAD

12167

645

0128-01

1538

/

94

ROAD

12167

645

0128-01

1538

/

93

ROAD

12167

645

0128-01

1538

/

95

ROAD

12167

645

0128-01

1538

/

92

ROAD

12167

645

0128-01

1538

/

13

ROAD

12167

645

0128-01

1538

/

96

ROAD

12167

645

0128-01

1538

/

97

TESTSDORF

12168

37

0128-02

284

0

TESTSDORF

12168

37

0128-02

279

0

TESTSDORF

12168

37

0128-02

280

0

TESTSDORF

12168

37

0128-02

278

0

TESTSDORF

12168

37

0128-02

274

0

TESTSDORF

12168

37

0128-02

281

0

TESTSDORF

12168

37

0128-02

276

0

TESTSDORF

12168

37

0128-02

42

0

TESTSDORF

12168

37

0128-02

78

0

TESTSDORF

12168

37

0128-02

77

0

TESTSDORF

12168

37

0128-02

76

0

JOCHING

12185

502

0128-03

1067

/

5

JOCHING

12185

502

0128-03

1067

/

4

JOCHING

12185

502

0128-03

1067

/

6

EBERSDORF

14109

49

6835-49/4

171

0

EBERSDORF

14109

49

6835-49/3

161

0

EBERSDORF

14109

49

6835-49/3

190

0

EBERSDORF

14109

49

6835-49/3

149

0

EBERSDORF

14109

49

6835-49/3

175

/

6

SMALLPÖCHLARN

14125

933

6735-56/3

1404

/

24

SMALLPÖCHLARN

14125

661

6735-55/4

1404

/

12

SMALLPÖCHLARN

14125

933

6735-56/3

1404

/

43

SMALLPÖCHLARN

14125

661

6735-63/1

1404

/

13

SMALLPÖCHLARN

14125

933

6735-56/3

1404

/

21

SMALLPÖCHLARN

14125

933

6735-56/3

1404

/

11

SMALLPÖCHLARN

14125

933

6735-61/2

1404

/

26

SMALLPÖCHLARN

14125

933

6735-62/2

1404

/

29

SMALLPÖCHLARN

14125

933

6735-61/2

1404

/

28

SMALLPÖCHLARN

14125

933

6735-63/2

1404

/

37

SMALLPÖCHLARN

14125

933

6735-56/3

1404

/

41

SMALLPÖCHLARN

14125

933

6735-63/1

1404

/

35

SMALLPÖCHLARN

14125

933

6735-62/2

1404

/

3

SMALLPÖCHLARN

14125

661

6735-63/2

1404

/

36

SMALLPÖCHLARN

14125

933

6735-61/2

1382

/

1

SMALLPÖCHLARN

14125

933

6735-63/1

1404

/

34

SMALLPÖCHLARN

14125

933

6735-63/1

1404

/

32

SMALLPÖCHLARN

14125

933

6735-56/4

1404

/

45

SMALLPÖCHLARN

14125

933

6735-61/1

1382

/

2

SMALLPÖCHLARN

14125

933

6735-56/3

1404

/

39

SMALLPÖCHLARN

14125

661

6735-63/2

1404

/

47

SMALLPÖCHLARN

14125

933

6735-56/3

1404

/

40

KRUMNUSSBAUM

14131

1

6735-66/1

378

0

KRUMNUSSBAUM

14131

1

6735-66/1

2048

/

2

LEARNING

14133

76

6835-49/4

68

0

LEARNING

14133

76

6835-49/4

67

0

MELK

14143

446

6835-45/3

438

/

5

MELK

14143

446

6835-45/3

351

0

MELK

14143

446

6835-45/3

376

0

HOW TO THE DONAU

14162

101

0128-05

187

/

1

HOW TO THE DONAU

14162

101

0128-05

217

0

HOW TO THE DONAU

14162

101

0128-05

187

/

2

HOW TO THE DONAU

14162

101

0128-05

209

0

WINDTH

14173

1

6735-64/2

79

/

3

WINDTH

14173

1

6735-64/2

23

0

WINDTH

14173

1

6835-57/1

26

/

3

EMMERSDORF

14180

165

6835-45/1

540

/

11

EMMERSDORF

14180

165

6835-45/1

540

/

12

ST. GEORGEN

14182

137

6835-44/3

653

/

13

ST. GEORGEN

14182

137

6835-44/3

653

/

20

ST. GEORGEN

14182

137

6835-44/3

653

/

22

ST. GEORGEN

14182

137

6835-44/3

637

/

2

GRIMSING

14184

246

6835-16/1

806

0

WALLENGESDORF

14191

56

6835-38/4

143

/

5

WALLENGESDORF

14191

67

6835-30/4

142

/

3

PERSONS

14230

217

6634-06/4

737

/

4

PERSONS

14230

217

6634-06/4

737

/

3

SARLING

14415

298

6634-24/1

819

/

3

SARLING

14415

298

6634-16/2

819

/

2

SÄUSENSTEIN

14416

51

6634-08/2

200

/

1

SÄUSENSTEIN

14416

51

6634-08/2

200

/

3

YBBS

14420

452

6634-14/4

17 July

/

5

YBBS

14420

1314

6634-15/3

1812

/

12

ALTENWING

20003

65

7237-77/4

234

/

2

ALTENWING

20003

65

7237-77/3

234

/

1

WINKL

20040

123

7236-13

554

0

WINKL

20040

123

7236-13

555

0

WINKL

20040

123

7236-14

556

0

WINKL

20040

123

7236-05

551

/

3

GREIFENSTEIN

20127

96

7536-27/2

232

/

18

GREIFENSTEIN

20127

96

7536-27

232

/

17

GREIFENSTEIN

20127

96

7536-20/4

164

/

6

GREIFENSTEIN

20127

61

7536-20/4

283

0

GREIFENSTEIN

20127

96

7536-27/2

232

/

19

GREIFENSTEIN

20127

96

7536-28/1

232

/

21

GREIFENSTEIN

20127

96

7536-28/1

164

/

2

GREIFENSTEIN

20127

96

7536-28/2

164

/

5

GREIFENSTEIN

20127

96

7536-28/1

54

0

GREIFENSTEIN

20127

96

7536-20/3

232

/

9

GREIFENSTEIN

20127

96

7536-28/1

232

/

20

GREIFENSTEIN

20127

96

7536-28/1

164

/

4

GREIFENSTEIN

20127

96

7536-28/4

229

/

3

LANGENLEBARN-OBERAIGEN

20147

342

7436-43/2

1448

/

3

LANGENLEBARN-OBERAIGEN

20147

342

7436-43/1

1356

/

21

LANGENLEBARN-OBERAIGEN

20147

342

7436-43/1

1384

/

2

LANGENLEBARN-OBERAIGEN

20147

342

7436-43/1

1448

/

9

LANGENLEBARN-OBERAIGEN

20147

342

7436-44/1

1448

/

10

LANGENLEBARN-OBERAIGEN

20147

342

7436-36/3

1448

/

11

CLIMATE CHANGE

20178

44

7336-33/1

343

/

2

TULLN

20189

1263

7436-41/1

1202

/

1

TULLN

20189

1263

7336-40

1201

0

TULLN

20189

1263

7436-33/4

3961

0

TULLN

20189

1263

7336-40

1196

0

TULLN

20189

1263

7436-33/4

3964

0

TULLN

20189

1263

7336-40

1195

0

TULLN

20189

1263

7336-40

1197

0

TULLN

20189

1263

7436-33/3

1202

/

3

CENTRE

20201

327

7236-32/4

1085

/

2

CENTRE

20201

452

7236-14/3

1085

/

7

CENTRE

20201

327

7236-32/4

1085

/

17

CENTRE

20201

765

7236-32/3

1078

0

CENTRE

20201

765

7236-31/2

271

0

GREIN

43005

198

5735-43/4

130

/

1

GREIN

43005

198

5735-51/1

868

/

14

GREIN

43005

198

5735-43/4

130

/

2

GREIN

43005

198

5735-51/1

868

/

20

GREIN

43005

198

5735-51/1

868

/

22

ST. NIKOLA TO DONAU

43016

86

5735-46/1

100

/

1

ST. NIKOLA TO DONAU

43016

111

5735-46/1

80

/

1

ST. NIKOLA TO DONAU

43016

86

5735-46/1

165

0

CENTRAL

01705

834

7636-49/4

1144

/

309

CENTRAL

01705

834

7636-49/4

1144

/

27

BAD DEUTSCH ALTENBURG

05101

146

8034-51/3

17

/

1

BAD DEUTSCH ALTENBURG

05101

146

8034-51/1

16

/

3

BAD DEUTSCH ALTENBURG

05101

146

8034-51/1

21

/

3

BAD DEUTSCH ALTENBURG

05101

146

8034-51/1

22

/

13

BAD DEUTSCH ALTENBURG

05101

146

8034-51/1

16

/

1

BAD DEUTSCH ALTENBURG

05101

146

8034-51/1

28

0

BAD DEUTSCH ALTENBURG

05101

146

8034-51/1

30

0

BAD DEUTSCH ALTENBURG

05101

146

8034-51/3

17

/

2

BAD DEUTSCH ALTENBURG

05101

146

8034-51/1

31

0

BAD DEUTSCH ALTENBURG

05101

146

8034-51/1

29

0

BAD DEUTSCH ALTENBURG

05101

146

8034-51/3

16

/

2

HAINBURG

05104

1135

8034-43

1127

/

2

HAINBURG

05104

1135

8034-43

1132

/

1

HAINBURG

05104

1135

8034-43

1131

0

FISCHAMEND DORF

05203

142

7734-56

1124

/

5

FISCHAMEND DORF

05203

142

7734-64

1124

/

8

FISCHAMEND DORF

05203

142

7734-56

1124

/

7

FISCHAMEND DORF

05203

142

7734-56

1124

/

9

FISCHAMEND DORF

05203

142

7734-56

1124

/

10

KORNEUBURG

11006

961

7636-41/3

1489

0

STOCKERAU

1142

1660

7537-74/2

2225

/

3

ACCESS

03018

190

5634-26/2

1135

/

2

AU

43204

91

5535-43/3

381

/

14

ASCHACH

45003

1

5136-02/1

286

0

ASCHACH

45003

1

5136-02/1

345

0

ASCHACH

45003

16

5136-02/1

14

0

ASCHACH

45003

1

5136-09/2

3

/

31

ASCHACH

45003

1

5136-02/1

313

0

ASCHACH

45003

1

5137-74/3

546

0

ASCHACH

45003

1

5136-02/1

284

0

ASCHACH

45003

16

5136-02/1

8

0

ASCHACH

45003

1

5136-02/1

344

0

ASCHACH

45003

1

5136-02/1

544

0

ASCHACH

45003

1

5136-02/1

545

0

ASCHACH

45003

1

5136-09/4

233

/

4

EN

45102

774

5435-61/2

1360

/

11

EN

45102

254

5435-45/1

809

/

9

EN

45102

774

5435-53/4

1360

/

9

EN

45102

774

5435-53/4

1360

/

4

LINZ

45203

2010

5336-50/1

3174

/

10

LUSTENAU

45204

141

5336-51/1

1425

/

1

LUSTENAU

45204

141

5336-43/3

1423

/

1

LUSTENAU

45204

141

5336-42/4

1423

/

10

LUSTENAU

45204

141

5336-51/2

1428

/

2

LUSTENAU

45204

1367

5336-50/1

1565

0

LUSTENAU

45204

1366

5336-50/2

1548

/

1

LUSTENAU

45204

141

5336-51/1

1423

/

3

LUSTENAU

45204

1367

5336-50/1

1567

0

LUSTENAU

45204

141

5336-42/4

1423

/

9

LUSTENAU

45204

141

5336-43/3

1423

/

7

LUSTENAU

45204

141

5336-43/3

1423

/

8

LUSTENAU

45204

141

5336-50/2

1426

/

18

LUSTENAU

45204

141

5336-50/1

1571

/

4

URFAHR

45212

2010 2010 2010

5336-43/3

879

/

1

URFAHR

45212

2011

5336-42/4

844

0

LANDSHAAG

45613

295

5136-02/4

396

/

1

LANDSHAAG

45613

295

5136-02/2

337

0

OBEROTTENSHEIM

45618

788

5236-41/3

1039

/

15

LACHSTADT

45630

348

5336-52/3

1774

/

3

LACHSTADT

45630

144

5336-52/3

1774

/

5

STEYREGG

45641

317

5336-77/1

1175

/

10

VICHTENSTEIN

48021

209

4838-11/2

294

0

VICHTENSTEIN

48021

209

4838-11/2

174

0

NUSSDORF

01507

761

7635-18/2

947

/

1

KLOSTERNEUBURG

01704

4032

7636-57/2

3279

/

2

KLOSTERNEUBURG

01704

4032

7636-57/2

3279

/

3