363. Regulation of the Federal Minister of Agriculture, Forestry, Environment and Water Management on the determination of the Bundesanstalt für Alpenländische Milchwirtschaft as an organizational unit, in which the flexibilisation clause is applied

On the basis of § § 17a and 17b of the Federal Budget Act (BHG), BGBl. No. 213/1986, in the version of the Federal Law BGBl. I n ° 71/2003, the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Finance, prescries:

Section 1

Scope

§ 1. As an organizational unit according to § 17a (1) of the Federal Budget Law (BHG), BGBl. No. 213/1986, in the version of the Federal Law BGBl. I n ° 71/2003, in which the flexibility clause is applied in accordance with Articles 17a and 17b and the provisions contained in this Regulation, the Federal Institute for the Alpine Dairy Farming (BAM) shall be designated as Rotholz.

§ 2. The project period starts at 1. January 2004 and ends with the expiry of 31 December 2006.

Project Program

§ 3. The aim of the organisational unit is to refer to the principles of financial management in accordance with § 2 of the Federal Budget Act

1.		Efficient perception of key tasks and the resulting achievements of BAM Rotholz
-			Optimization of the cost and performance calculation and implementation of a comprehensive controlling system and reporting on compliance with the budget objectives according to the project programme (personnel and budget controlling etc.)
-			Development of a "Performance-oriented control of BAM Rotholz" including meaningful performance indicators to optimize the costs of the service provision and to make decisions on any foreign contributions
-			Increase in cost recovery of the individual services of BAM Rotholz
-			Increase in revenue in relation to expenditure
2.		Budget demand and performance level
-			Stabilization of the budget requirement with at least the same performance quality
3.		Increase of awareness of BAM Rotholz
-			common public relations
-			Construction of the Rotholz brand
4.		Increase in the quality of BAM Rotholz's services
-			Accreditation in the laboratory
-			Introduction of a laboratory information and management system
-			Further development of the certified quality management system in the technology department

§ 4. In order to achieve the objective in accordance with § 3, the organisational unit shall have the Annex to comply with the project programme.

Section 2

Special authorisations and arrangements during the project period

§ 5. The organisational unit is authorized to use its revenue during the project period in accordance with Section 17a (2) to (6) of the Federal Budget Act to cover its expenditure requirements in the implementation of the project programme, provided that the Federal Minister of Finance authorizes the Head of the Organizational Unit to overplanning expenses pursuant to § 17a (3) of the Federal Budget Act.

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

Reserves

§ 7. (1) The Federal Minister of Finance has, in accordance with the conditions laid down in Section 17a (4) and (5) of the German Federal Budget Act (Bundesbudgets Act)

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

(2) Further deposit formation on the basis of a federal financial law authorization or in accordance with § 53 of the Federal Budget Act may not be effected with the exception of § 53 (2).

§ 8. In accordance with Section 17a (6) of the Federal Budget Act, the Federal Minister of Finance has to provide the organisational unit with amounts from the flexibilization reserve formed in its favour, in accordance with the requirements of the Federal Budget Act.

Positive goodwill

§ 9. (1) Positive difference amounts shall be used and divided in accordance with Section 17a (4), (5) and (6) of the Federal Budget Act. The Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Finance and after hearing the controlling advisory board, has reached the penultimate sentence of the German Federal Ministry for Finance and the Environment Federal Budget Act and in agreement with the Federal Minister of Finance pursuant to § 17a (6), first sentence of the Federal Budget Act, up to the 20th In each case, the following financial year shall be decided. Prior to this decision, the Federal Minister for Agriculture, Forestry, Environment and Water Management, with the head of the organizational unit, has to conduct negotiations on the division key.

(2) The percentage of the employee to be used by the organisational unit in accordance with § 17a (5), last sentence of the Federal Budget Law for Rewards or Performance Premiums, for the staff involved in the success and for the further training of their staff The difference shall not exceed 33 vH of this amount, but in any case the amount of 150 vH of the monthly reference per service and financial year shall not exceed.

Negative goodwill

§ 10. Negative goodwill amounts are to be covered and compensated in accordance with § 17a (4) and (5) first to third sentence of the Federal Budget Act.

Section 3

Controlling-Advisory Board

§ 11. (1) The Federal Minister for Agriculture, Forestry, the Environment and Water Management will be responsible for the effectiveness of the 1. January 2004 to December 31, 2007, a controlling advisory board was established.

(2) The Controlling Advisory Board shall include the following members to be ordered in accordance with Section 17a (7) (1) of the Federal Budget Act for the period referred to in paragraph 1:

1.		A representative of the Federal Minister for Agriculture, Forestry, Environment and Water Management as Chairman;
2.		a representative of the Federal Minister of Finance;
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

§ 12. The Advisory Council shall adopt its rules of procedure, which shall be subject to the approval of the Federal Minister for Agriculture, Forestry, the Environment and Water Management and the Federal Minister of Finance, and which shall, in particular, provide for:

1.		that the Advisory Council is able to take a quorum if at least the representatives of the Federal Minister for Agriculture, Forestry, Environment and Water Management 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 Bundesanstalt für Alpenländische Milchwirtschaft and the service representative are to be included;
4.		that the Advisory Council has to meet at least once per calendar quarter of 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

§ 13. The Advisory Council shall, in particular:

to participate in budget and personnel controlling for the organizational unit according to § 15a of the Federal Budget Act;

1.		examine the reports in accordance with Article 14 of this Regulation, draw up an opinion on the report and, together with the report, immediately inform the Federal Minister for Agriculture, Forestry, the Environment and Water Management and the respective reports. Submit an opinion at the same time to the head of the organizational unit;
2.		To the extent necessary to prepare recommendations for the implementation of the project programme within the project period and to submit to the Federal Minister for Agriculture, Forestry, Environment and Water Management as well as the Head of the Organizational Unit;
3.		to submit an opinion to the draft report on the control of success pursuant to § 17a (8) of the German Federal Budget Law; this opinion shall be attached to the report.

Organizational Unit Reporting Obligations

§ 14. (1) The Head of the Organizational Unit shall have the Advisory Board

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

(2) The reports referred to in paragraph 1 shall, in particular, provide a sufficiently detailed account of the project programme, in particular the objectives set out therein, the performance catalogue, the development of revenue and expenditure, and the planning points. Reasons for deviations from the project programme shall be justified.

(3) Reports referred to in paragraph 1 (1) (1) shall also include a foresight on 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

Transitional and final provisions

§ 15. (1) If the difference is positive at the end of the project period, Section 17b (2) of the Federal Budget Act and § 10 shall apply.

(2) A negative difference amount at the end of the project period is to be covered by the Federal Minister of Agriculture, Forestry, Environment and Water Management in accordance with Section 17b (1) of the Federal Budget Act.

§ 16. This Regulation shall enter into force on 1 January Jänner 2004 in force.

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