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Establishment Of "brenner Base Tunnel Aktiengesellschaft" And Amendment Of The Federal Law Establishing A "brenner Eisenbahn Gmbh"

Original Language Title: Errichtung einer "Brenner Basistunnel Aktiengesellschaft" und Änderung des Bundesgesetzes zur Errichtung einer "Brenner Eisenbahn GmbH"

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87. Federal Law for the Establishment of a "Brenner Base Tunnel Aktiengesellschaft" and with which the Federal Act on the Establishment of a "Brenner Eisenbahn GmbH" is amended

The National Council has decided:

Article 1

Federal Law on the Establishment of a "Brenner Base Tunnel Aktiengesellschaft" (BBT AG-Law)

Establishment and establishment

§ 1. The Federal Minister of Transport, Innovation and Technology is authorized to designate a public limited liability company with a share capital of EUR 120 000, the company word "Brenner Base Unnel Aktiengesellschaft", hereinafter referred to as BBT AG, and set up and set up the seat in Innsbruck. A green test is not required. The application of the share capital is effected by cash payment of the federal government.

Management of shareholes

§ 2. (1) The Federal Minister of Transport, Innovation and Technology is responsible for the administration of the shares ' rights.

(2) The Federal Minister for Transport, Innovation and Technology shall be authorized, in agreement with the Federal Minister of Finance, to take decisions on all measures taken to establish the European Company referred to in Article 3 (1). are required by the merger with the Italian pre-company.

Purpose and Task

§ 3. (1) The planning of the railway tunnel between Innsbruck and Franzensfeste ("Brenner Base Tunnel"), comprehensively on Austrian territory, the high performance section of the Innsbruck State border at the Brenner Pass and the high-performance route. Volders/Baumkirchen-Gärberbach (Innsbruck bypass), is due to its nature as a joint European interest project by a European Company (pursuant to Council Regulation (EC) No 2157/2001 of 8 June 2001). The European Company Statute of the European Company (SE) was adopted in October 2001. Up to the establishment of this European Company by merger of BBT AG with an Italian Aktiengesellschaft to be established with the same purpose and the same purpose, BBT AG alone has all the provisions of Article 4 (Phase II) of the Agreement between the Republic of Austria and the Italian Republic for the implementation of a railway tunnel tunnel on the Brenner axis of 30 April 2004, and activities and activities, respectively to take the necessary steps.

(2) The task of BBT AG is therefore, in particular, the implementation of all the measures for the development and planning of the Brenner Base Tunnel within the framework of Article 4 (Phase II) of the Agreement between the Republic of Austria and the Italian Republic on the implementation of a railway tunnel tunnel on the Brenner axis of 30 April 2004, including the exercise of membership of the Brenner Base Tunnel EEIG. In addition, BBT AG may implement any measures necessary or appropriate with regard to the business object entrusted to it, with the exception of banking transactions.

(3) BBT AG does not require a concession pursuant to the Railway Act 1957, insofar as it is active in the performance of the tasks assigned to it pursuant to paragraphs 1 and 2. For this activity, you shall have the rights and obligations of a railway undertaking.

Partial operation Brenner Base tunnel of Brenner Eisenbahn GmbH

§ 4. The Brenner Base Tunnel of Brenner Eisenbahn GmbH is responsible for the planning and construction of the high performance stretch of the Innsbruck State border at the Brenner Pass or parts thereof, including all its assets and liabilities, including those of the To transfer membership rights to the "Brenner Base Tunnel EWIV" to the BBT AG by means of the overall legal succession under the appropriate application of the Federal Law on the division of capital companies (split for admission). In this case, a division and acquisition agreement must be drawn up and concluded, with the split date of 31 December 2003 to be determined and the division to be notified of registration in the company register no later than 30 September 2004.

Participation of the State of Tyrol

§ 5. The Federal Minister of Transport, Innovation and Technology, in agreement with the Federal Minister of Finance, will be authorized to divest 50 vH of the shares in BBT AG to the Land Tirol.

Appropriations required

§ 6. (1) The Federal Government shall promote the planning of the Brenner Base Tunnel or of parts thereof within the framework of Article 4 (Phase II) of the Agreement between the Republic of Austria and the Italian Republic for the implementation of a railway base tunnel on the The Brenner axis of 30 April 2004 with the aid of the Federal Minister of Transport, Innovation and Technology, in agreement with the Federal Minister of Finance, with the Land of Tyrol, taking into account the shares of the State of Tyrol in the share capital of the BBT AG and with BBT AG are contractually agreed 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 of, in particular, an economic and rapid implementation.

(2) The Federal Minister of Transport, Innovation and Technology for the Brenner Base Tunnel, or of parts of it, has all for one, or at the request of the Federal Minister of Transport, Innovation and Technology, all for a Investment decision required documents, where appropriate and applicable, in particular a detailed description of the project, capacity analyses and forecasts of expected traffic growth, and a timetable 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 rail infrastructure that can be achieved with the project. The subject matter and the amount of the necessary grant shall be agreed in individual contracts.

Application of provisions of the Federal Act for the establishment of a "Brenner Eisenbahn GmbH"

§ 7. With the legal effect of the arranged splitting process (§ 4), the provisions of the Federal Law for the establishment of a "Brenner Eisenbahn GmbH", BGBl, apply to the BBT AG in connection with the planning of the Brenner Base Tunnel. No 502/1995, with the exception of § 7 and with the exception of § 3 in the version of the Federal Law BGBl. I No 87/2004.

Tax benefits

§ 8. BBT AG is responsible for all acts and capital transfers related to the splitting process and the merger process for the establishment of the European Company referred to in § 3 (1). National administrative charges and legal and judicial administrative charges.

Transitional provision

§ 9. The parts of the high-performance stretch of the Innsbruck state border at the Brenner Pass or parts thereof, whose planning has been transferred to Brenner Eisenbahn GmbH by Regulation, shall apply from the point of view of the legal validity of the transfer of the partial operating Brenner. Basic tunnel of Brenner Eisenbahn GmbH to BBT AG as BBT AG with regulation, which will expire on 31 December 2004, with the financing up to the end of 31 December 2004 of the Rail Infrastructure Finance-Gesellschaft mbH is responsible.

Enforcement

§ 10. With regard to § 2 para. 2, § 5 and § 6 (1) of the Federal Minister of Transport, Innovation and Technology, in agreement with the Federal Minister of Finance, with regard to Section 8 of the Federal Minister of Finance, The Federal Minister for Transport, Innovation and Technology is also responsible for this.

In-force pedals

§ 11. § 6 of this Federal Act occurs with 1. Jänner 2005 in force.

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 n ° 138/2003, shall be amended as follows:

1. In § 1 (2) and (3), § 3 (1) to (3), § 3a, § 3b, § 4, § 6 and § 7 (1), the word group shall be: "the national border at Kufstein-Innsbruck-State border at the Brenner Pass or parts of the same" through the word group "the high-performance stretch of government border at Kufstein-Innsbruck or parts of it" and in Section 7 (3), the word group shall be "the high-performance stretch of state border at Kufstein-Innsbruck-State border on the Brenner Pass" through the word group "the high performance stretch of state border at Kufstein-Innsbruck" replaced.

2. The following paragraphs 5 and 6 are added to § 7:

"(5) Until the legal validity of the transfer of the sub-company Brenner Base Tunnel to the Brenner Base Unnel Aktiengesellschaft, arranged with the federal law establishing a" Brenner Base Tunnel Aktiengesellschaft ", § § 1 (2) and (3), 3 (3) Par. 1 to 3, 3a, 3b, 4, 6 and 7 (1) in the version of the Federal Law BGBl. No 87/2004, with the proviso that, instead of the word group "of the high performance stretch of the State border near Kufstein-Innsbruck or parts of the same" the word group " of the High-Performance Route State border at Kufstein-Innsbruck-State border at the Brenner or parts of the same " and § 7 (3) of this Federal Act as amended by the Federal Law BGBl. I n ° 87/2004, with the proviso that, instead of the word group "of the high-performance stretch of government at Kufstein-Innsbruck, the word group" of the high-performance section of the State border at Kufstein-Innsbruck-State border at the Brenner Pass " is to be replaced.

(6) From the legal validity of the transfer of the Brenner Base Tunnel to the Brenner Base Unnel Aktiengesellschaft, ordered by the Federal Law for the Establishment of a Brenner Base Tunnel Aktiengesellschaft, § § 3 (1), (2) and (4), (3), (3a) 1 and 7a (1) of this Federal Law, as amended by the Federal Law BGBl. No 32/2002, subject to the expiry of 31 December 2004, to the effect that, instead of the word group 'of the High-Performance Route at Kufstein-Innsbruck-State border at the Brenner or in parts of the same' the word 'group' shall apply: High-performance stretch of government border at Kufstein-Innsbruck or parts of it ".

3. In § 5 (2), the word group shall be deleted " , without prejudice to the general instructions provided for in § 2, " .

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