Regulation pursuant to § 2 (6) of the Building Aid Fund Act (Building Aid Ordinance-Building HfV)Non-official table of contents
Date of expulment: 24.06.2003
" Building Aid Ordinance of 24. June 2003 (BGBl. I p. 962) "
(+ + + Text evidence from: 1. 1.2003 + + +)unofficial table of contents
Based on § 2 (6) of the Building Assistance Act of 19. September 2002 (BGBl. 3651, 3652), the Federal Government decrees: Non-official table of contents
§ 1 Distribution of funds
(1) The fund pursuant to § 4 (2) of the Funds allocated to the Auxiliary Funds Act are distributed according to the following measures:
- 60% of the funds allocated to the for measures pursuant to section 2 (2) (2) of the Reconstruction Aid Legislation and for the lump sum provided for in Article 2 (4) of the Reconstruction Aid Law, the funds shall be distributed according to the following key to the countries affected by the flooding:
|Sachsen-Anhalt|| 20, 0 percent,|
|Brandenburg|| 5, 0 percent,|
|Thüringen|| 2.5 percent,|
|Lower Saxony||2.5 percent,|
|Schleswig-Holstein|| 2.5 percent.|
- Sentence 1 applies accordingly to Measures pursuant to Section 2 (2) (1) of the Law on the Protection of the Protection of the Law of the Federal Republic of Germany, provided that the damage is not compensated in accordance with certain criteria in accordance with administrative agreements concluded between the Federal Government and the countries concerned. In this case, the funds will be retrieved by the federal government in accordance with the provisions of the respective administrative arrangement.
- Up to a further 20 percent of the Measures pursuant to § 2 (2) (1) and (2) of the Auxiliary Federal Aid Act and the amount provided for the flat-rate amount pursuant to Article 2 (4) of the Auxiliary State Aid Act may be implemented after the mutual agreement between the above-mentioned countries has been established. and the Federal Government shall be distributed to the countries referred to in Article 1 (1) (1), even after a key other than that laid down in Article 1 (1) (1), provided that this better reflects the distribution of the total damage according to the state of the damage assessment.
- The distribution of the remaining amount of the remaining amount of the measures pursuant to section 2 (2) (2) (1) and (2) of the procedure after the procedure has been carried out Pursuant to Section 2 (4) of the Federal Aid Fund Act, the German Aid Fund Act and the flat-rate amount shall be allocated in accordance with the percentage distribution of the total damage determined according to uniform standards to those of the flood countries concerned no later than 31. March 2003, in a federal-state agreement. The Länder referred to in paragraph 1 and the Federal Government shall lay down no later than 31 December 2002 at the latest. 4.
- December 2002 the characteristics of the flood damage within the meaning of § 2 para. 1 of the Federal Aid Law and the standards for the determination of the damage level in a federal-state agreement.
- For measures pursuant to § 2 para. 2 no. 3 of the Federal Aid Law as well as other measures which are to be financed exclusively by the Federal Government from the Fund's funds, the funds are available to the
theof the Fund are distributed-with the exception of the flat-rate amount in accordance with § 2 (4) of the Federal Aid Law, to the extent that it is used for the financing of its own country programmes and measures-to the individual Measures in accordance with § 2 (2) of the German Law on Development Assistance Act in accordance with the economic plan to be set up in accordance with § 5 of the German Development Assistance Fund Act. Non-official table of contents
§ 2 Use of funds
(1) Following the distribution of funds from the Fund under its economic plan, the Decision on the use of the funds pursuant to § 2 (2) (1) and (2) of the Reconstruction Aid Legislation to the countries referred to in § 1 and to the authorized bodies (authorized bodies). The Federal Government shall decide on the use of the funds in accordance with Section 2 (2) (3) of the Federal Aid Law and for measures to be financed exclusively by the Federal Government from the Fund's funds.(2) The eligibility of the individual co-financed measures in accordance with § 2 para. 5 in conjunction with § 2 para. 2 no. 1 and 2 of the Reconstruction Aid Law fundamentally sets the conclusion of a corresponding administrative agreement between the federal government and the in § 1. Exceptions are subject to the approval of the Federal Ministry of Finance.(3) The initiation of recovery operations prior to the granting of funds shall not preclude the eligibility of such measures. Measures for immediate security or damage limitation prior to the onset of floods in August 2002 are eligible. However, measures relating to direct security or limitation of damage within the meaning of Article 2 (2) (1) of the Auxiliary Fund of Assistance Act are only eligible if they exceed what is usually required for protection against floods had been.(4) As a company within the meaning of Section 2 (2) (1) of the Law on the Protection of the Protection of the Building Aid Act, all self-employed professional activities shall apply regardless of their legal form.(5) The appropriations shall be granted in accordance with the following principles:
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- From the funds of the Fund may be granted for: individual damages in accordance with § 2 para. 2 no. 1 of the Reconstruction Aid Act services up to the amount of the damage incurred shall be granted in compliance with § 2 para. 3 of the German Law on the Protection of the Protection of the Building Assistance Act. Benefits of third parties in order to compensate for the damage and emergency aid granted for the same damage shall be taken into account when compensating for the damage. The payment to private and private companies must be made subject to a reservation of rebates, in particular in the event that services are provided by third parties and thereby overcompensation of the damage is effected. Funds for measures to restore the infrastructure are, moreover, granted in accordance with the economic plan and the federal or state programmes to be implemented on its basis. Deviating regulations can be made in administrative agreements between the federal government and the federal states.
- Compensation claims against third parties, in particular Insurance, can be disregarded in the calculation and granting of the funds of the Fund for measures pursuant to § 2 para. 2 no. 1 of the Federal Aid Fund Act for the time being, in so far as the claims, despite the success of the fund, are assessed according to the not in the short term can be realized by injured parties. In such cases, however, the claims shall be deducted from the authorised body up to the amount of the appropriation granted. In the further proceedings, when the facts are specified, a decision must be taken on a resignation which may then be necessary.
- The respective proof of the information the injured party may be provided by the credibility and assurance of the accuracy of the information. This does not preclude subsequent verifications and requests from evidence, particularly in case of large-scale damage.
§ 3 Purpose of use, recovery
(1) The countries are responsible for the intended use of the funds of the Fund, unless the Federal Government has financed its own funds from the Fund. Programmes and measures are responsible for this.(2) The relevant national competent authorities shall inform the respective federal ministries responsible for the measures and programmes of the appropriate use and use of the funds (use report). The report shall contain information on the total annual expenditure and its distribution on the programmes and individual measures concerned. Further details can also be settled in the administrative arrangements according to § 2 paragraph 2. Relevant audit reports of the audit authorities of the countries are to be communicated.(3) The Federal Government may specify the need for information and require further evidence.(4) The Federal Ministry of Finance shall inform the Federal Ministry of Finance up to 1 after the completion of its administrative verification of the proper use of the funds and after the reimbursement of the reports of use referred to in paragraph 2 of this Article. August of the following year in the form of a summary report. The report shall provide a brief description of the number and implementation of the programmes and the measures to be allocated to them, their results, and the level of the Fund's resources allocated and allocated to programmes and measures. To the extent that relevant audit observations of the respective Supreme Audit Institutions are available, they shall also be communicated.(5) The authorized bodies shall, within the framework of the administrative procedure rules, have to withdraw the authorization and recover funds granted for the benefit of the Fund if it is found that they have been used in a non-purposeful way or that they are used for the purpose of: Compensation of the damage was not necessary. The same applies to the aid which the Federal Government or a country has made in anticipation of the Flutopfersolidarity Act. The recovery shall also take place if and to the extent that benefits have been provided by third parties in order to compensate for the damage and the sum of these benefits and the approved fund resources shall be the total financial cost of disposal of the resulting flood damage.(6) Repayments of funds shall be paid to the respective output titles of the Fund's economic plan. Non-official table of contents
§ 4 Mittelrequirement
(1) Unless the federal government has to finance its own actions and programs from the fund's funds, and Without prejudice to the provisions of Section 4 (4), second sentence, of the German Law on Development Assistance, the Länder shall require their representatives and their representatives within the framework of the estimates of the Fund's economic plan and in accordance with the distribution key referred to in Article 1 (1) of the Funds according to requirements according to the handling of the damage removal measures at the federal government.(2) Overpayments or non-requisable funds are to be reimbursed immediately to the Fund. Non-official table of contents
§ 5 liquidity of the fund
The liquidity of the fund is to be guaranteed by the federal government at its expense. Any interim investment in favour of the Fund may not be carried out. Non-official table of contents
§ 6 Fund Management
The Fund is administered by the Federal Ministry of Finance, which shall provide the necessary Economic plan for its management. Non-official table of contents
§ 7 Entry into force
This regulation occurs with effect from 1. January 2003. Non-official table of contents
The Bundesrat has agreed.