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Regulation according to § 2 para 6 of the building help fund law (building help fund regulation - AufbauhfV) AufbauhfV Ausfertigung date: 24.06.2003 full quotation: "building help fund regulation of 24 June 2003 (BGBl. I p. 962)" footnote (+++ text detection from: 1 1.2003 +++) input formula on the basis of § 2 para 6 of the building help Fund Act of 19 September 2002 (BGBl. I S. 3651, and 3652) the Federal Government enacted: section 1 allocation of funds (1) the Fund after § 4 par. 2 of the building help Fund Act allocated to distribute according following criteria : 1 60% for measures after § 2 para 2 No. 2 of the building help fund law and provided for the fixed price according to § 2 para 4 of the building help fund law are divided according to the following key to the countries affected by the floods: Saxony 60.0%, Saxony-Anhalt 20.0 percent, Bavaria 5.0%, Brandenburg 5.0%, Mecklenburg-Vorpommern 2.5 percent, Thuringia, Germany 2.5 percent, Lower Saxony, Germany 2.5 percent, Schleswig-Holstein 2.5 percent.
Sentence 1 shall apply accordingly for action according to § 2 para 2 No. 1 of the building help fund law, unless the damage not be compensated conclude certain criteria in accordance with in administrative arrangements between the Federal Government and the countries concerned. In this case, the funds in accordance with the regulations set forth in the management agreement with the Federal Government be obtained.
2. up to 20 percent more for action according to § 2 para 2 Nos. 1 and 2 of the building help fund law and no. 1 can set key the funds earmarked for the lump sum according to § 2 para 4 of the building help Fund Act after production of the amity between the aforementioned countries and the Federation after an other than in article 1, paragraph 1 of the mentioned countries be distributed , if this State determining damage better reflects the distribution of the overall damage.
3. the distribution of the balance remaining after the procedure to number 1 and 2 for action according to § 2 para 2 is no. 1 and 2 of the building help fund law and provided for the fixed price according to § 2 para 4 of the building help fund law according to the percentage distribution of the total damages calculated according to uniform standards on the countries affected by the floods at least up to March 31, 2003 in a federal-countries-set agreement. The countries referred to in paragraph 1 and the Federal Government set the characteristics of the flood damage in the meaning of § 2 para 1 of the building help Fund Act and the standards for determining the extent of the damage until no later than 31 December 2002 a federal countries agreement.
4. for measures according to § 2 para 2 No. 3 of the building help fund act as well as other measures, exclusively by the Federal Government from funds to finance are, the means the Federal Government to.
(2) the resources of the Fund are divided - with the exception of the lump sum according to § 2 para 4 of the building help fund law, as far as this used to finance their own national programmes and measures on the individual measures according to § 2 para 2 of the building help Fund Act in accordance of the economic plan to be in accordance with section 5 of the building help fund law.
Article 2 use of funds (1) after the distribution of the funds under his economic plan is the decision on the use of funds according to § 2 para 2 Nos. 1 and 2 of the building help fund law the in section 1 countries and the commissioned posts (bezirksregierung posts). On the use of funds according to § 2 para 2 No. 3 of the building help fund law and for measures which can be financed exclusively by the Federal Government from funds the Federal Government decides.
(2) the eligibility of the individual part-financed measures according to § 2 para 5 in conjunction with article 2, paragraph 2 requires the conclusion of an administrative agreement between the Federal Government and the countries referred to in paragraph 1 basically Nos. 1 and 2 of the building help fund law. Exceptions require the approval of the Federal Ministry of finance.
(3) the introduction of harm elimination measures prior to the granting of funds does not preclude the eligibility of these measures. Measures for immediate preparedness or mitigation before the onset of the flood in August 2002 are eligible. Measures to direct security or damage control within the meaning of § 2 para 2 No. 1 of the building help fund law are only eligible for funding if they go beyond that, what normally would have been required to protect against floods.
(4) as a company within the meaning of § 2 para 2 No. 1 of the building help fund law applies - regardless of its legal form - all independently exercised professional activities.
(5) the funds are to provide in accordance with the following principles: 1 can of the Fund for individual damages according to § 2 para 2 No. 1 of the building help Fund Act, benefits are provided up to the amount of the loss incurred in accordance with article 2 par. 3 of the building help fund law. Services to compensate for the damage and for the same damage of third parties are granted emergency aid taken into account in the compensation of the damage. The payments to private individuals and companies is to make that are provided by third parties and this over-compensation of the harm is effected subject to recovery in particular for the case. Medium for measures to restore the infrastructure in accordance with the business plan and the Federal undertaken at its base or country programmes are in addition to grants. Derogations can be made in administrative arrangements between the Federal and State Governments.
2. claims for damage compensation to third parties, in particular insurance, can when calculating and granting the funds for measures pursuant to article 2 paragraph 2 No. 1 of the building help fund law initially ignored the claims despite promise of success, can be at short notice realized as far as according to the authorising authority of victims. In these cases the claims are according to the authorising authority up to the amount of the appropriations on these to cede. In the proceeding is to decide on a, then if necessary return assignment at concretization of the facts.
3. each proof of information of victims can be provided by Glaubhaftmachung and insurance of the accuracy of the information. This does not preclude also subsequent checks and requirements of evidence damage suffered by large scale.
§ 3 appropriate use of funds, recovery (1) the countries are responsible for the proper use of the resources of the Fund, as far as the responsibility not to the Federal Government for its own programmes financed from the Fund and measures for this purpose.
(2) the appropriate Supreme Land authorities inform each for interventions and programmes of competent federal ministries about the proper use and use of funds (usage report). The usage report contains information on the annual total expenditure and their distribution to the respective programmes and individual measures. More details can be regulated in the administrative arrangements according to § 2 para 2. Relevant testing releases of the audit authorities of the countries are to be communicated.
(3) the Federal Government can clarify the information need and request further evidence.
(4) the countries shall inform the Federal Ministry of finance completed of their administrative verification of the proper use of funds and reporting the usage reports referred to in paragraph 2 until 1 August of the following year in the form of a summary report. The report is a concise representation of the number and implementation of the programmes and the measures to associate them with their results, the amount of the funds allocated to the programmes and measures and spent containing. Unless relevant audit observations of the respective supreme audit authorities, these are also to be communicated.
(5) the authorising bodies have to repeal the authorisation in the context of administrative proceedings and reclaim approved funds for the benefit of the Fund, if found to have been improper use or that they were not required to compensate for the damage. The same applies to the aid, which has made the Federal Government or a land in anticipation of the flood victim Solidarity Act. The recovery has to be carried out, even if and insofar as are provided by a third party services to compensate for the damage and the sum of these benefits and the approved funds exceeds the total cost for the Elimination of the resulting flood damage.
(6) repayment of the funds allocated to the respective issue titles of business plan of the Fund.
Has section 4 unless the Federal own measures and programs from the Fund's resources to finance requirements (1) and without prejudice to the regulation of § 4 para 4 sentence 2 of the building help fund law, the countries themselves and their appointed places in the context of the approaches of the economic plan of the Fund and in accordance with the distribution key pursuant to section 1 para 1 requesting the funds as required according to the settlement of damage removal measures at the Federal.
(2) overpayments or not appropriately required funds are immediately to pay back to the Fund.
§ 5 to ensure liquidity of the Fund which is liquidity of the Fund by the Federal Government's expense. An intermediate system of possibly exuberant resources fund is not.
§ 6 management of funds the management of the Fund is the Federal Ministry of finance; This establishes the required management plan for its management.
§ 7 entry into force this Regulation shall into force with effect from 1 January 2003.
Concluding formula the Federal Council has approved.
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