Ordinance pursuant to § 2 (6) of the German Law on Building Aid (Building Aid Ordinance-Building Ordinance-Building Ordinance)

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Setup HfV

Date of completion: 24.06.2003

Full quote:

" Building Aid Ordinance of 24 June 2003 (BGBl. I p. 962) "

Footnote

(+ + + Text evidence from: 1. 1.2003 + + +) 

  

Unofficial table of contents

Input formula

On the basis of Section 2 (6) of the Law on the Protection of the Protection of the Law of 19 September 2002 (BGBl. 3651, 3652), the Federal Government is responsible for: Unofficial table of contents

§ 1 Distribution of funds

(1) The funds allocated to the Fund in accordance with Article 4 (2) of the Reconstruction Aid Act shall be distributed in accordance with the following measures:

1.

60 per cent of the funds allocated for measures pursuant to section 2 (2) (2) of the Auxiliary Federal Aid Act and for the flat-rate amount pursuant to § 2 (4) of the Reconstruction Aid Fund Act shall be distributed according to the following key to the countries affected by the floods:

Saxony	60.0 percent,
Saxony-Anhalt	20.0 percent,
Bavaria	5.0 percent,
Brandenburg	5.0 percent,
Mecklenburg-Vorpommern	2.5 percent,
Thuringia	2.5 percent,
Lower Saxony	2.5 percent,
Schleswig-Holstein	2.5 percent.

Sentence 1 shall apply in accordance with the measures provided for in Article 2 (2) (1) of the Law on the Protection of the Building Aid Act, provided that the damage is not compensated in accordance with certain criteria in accordance with administrative arrangements between the Federal Government and the countries concerned. . In this case, the funds shall be obtained from the Federal Government in accordance with the provisions adopted in the respective administrative arrangement.

2.

Up to a further 20 per cent of the funds earmarked for measures pursuant to § 2 (2) (2) (1) and (2) of the Building Aid Fund Act and the amount provided for the flat-rate amount pursuant to Article 2 (4) of the Federal Aid Fund Act may be made after the establishment of the mutual agreement between the abovementioned countries and the Federal Government, in accordance with a key other than that laid down in Article 1 (1) (1), to the countries referred to in that country, where the distribution of the total damage according to the state of the claims is hereby distributed. will be better taken into account.

3.

The distribution of the remaining amount of the remaining amount remaining after implementation of the procedure to number 1 and 2 for measures pursuant to § 2 (2) (2) (1) and (2) of the Building Aid Fund Act and for the flat-rate amount pursuant to § 2 (4) of the Reconstruction Aid Legislation In accordance with the percentage distribution of the total damage to the countries affected by the floods, the percentage distribution of the total damage determined according to uniform standards is set at the latest by 31 March 2003 in a federal-state agreement. The Länder referred to in paragraph 1 and the Federal Government shall, no later than 31 December 2002, lay down the characteristics of the damage caused by flooding within the meaning of Article 2 (1) of the Law on the Protection of Assistants and the standards for the determination of the level of damage in a Federal States agreement.

4.

The funds shall be allocated to the Federal Government for measures pursuant to section 2 (2) (3) of the Building Aid Law and other measures which are to be financed exclusively by the Federal Government from the Fund's funds.

(2) The funds of the Fund are distributed-with the exception of the flat-rate amount pursuant to § 2 (4) of the Reconstruction Aid Act, 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 para. 2 the Law on Development Assistance in accordance with the economic plan to be set up in accordance with Article 5 of the Law on Development Assistance. Unofficial table of contents

§ 2 Use of funds

(1) After the distribution of the funds of the Fund within the framework of its economic plan, the decision on the use of the funds in accordance with Article 2 (2) (1) and (2) of the Reconstruction Aid Law shall be the responsibility of the countries referred to in § 1 and the authorized bodies. (approved posts). The Federal Government decides on the use of the funds in accordance with Section 2 (2) (3) of the German Law on Higher Education and for measures to be financed exclusively by the Federal Government. (2) The eligibility of the individual co-financed measures Pursuant to Section 2 (5) in conjunction with Section 2 (2) (2) (1) and (2) of the Law on the Protection of the Auxiliary Building, the Federal Government and the Länder referred to in § 1 shall, in principle, require the conclusion of a corresponding administrative agreement. Exceptions are subject to the approval of the Federal Ministry of Finance. (3) The introduction of the recovery measures before the authorization of funds does not exclude the eligibility of these 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 (4) As a company within the meaning of Article 2 (2) (1) of the Law on the Protection of the Protection of the Law, all self-employed professional activities apply irrespective of their legal form. (5) The funds shall be granted in accordance with the following principles:

1.

From the funds of the Fund, benefits can be granted for individual damages pursuant to § 2 (2) (1) of the Reconstruction Aid Fund Act up to the amount of the damage incurred, in compliance with § 2 (3) of the German Federal Aid Law. 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 brought about. 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 arrangements between the federal government and the federal states.

2.

Compensation claims against third parties, in particular insurance companies, can be disregarded in the calculation and granting of the funds of the Fund for measures pursuant to Section 2 (2) (1) of the Auxiliary Fund for Development Assistance Act, to the extent that the Claims can not be realized in the short term by injured parties, despite the success of the approval. In such cases, however, the claims shall be deducted from the authorised body up to the amount of the appropriation granted. In the course of further proceedings, it is necessary to decide on a resignation which may be necessary if the situation is to be concretized.

3.

The proof of the information provided by the injured party may be provided by the credibility and the assurance of the accuracy of the information. This does not exclude subsequent verifications and requirements of evidence, particularly in case of large-scale damage.

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§ 3 Purpose of appropriation of funds, recovery

(1) The countries are responsible for the intended use of the funds of the Fund, unless the Federal Government bears the responsibility for its own programmes and measures financed by the Fund. (2) The respective responsible top National 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 Länder are to be communicated. (3) The federal government can specify the need for information and demand further evidence. (4) After completion of their administrative procedures, the Länder shall inform the Examination of the proper use of the funds and after reimbursement of the use reports referred to in paragraph 2, the Federal Ministry of Finance shall take the form of a summary report by 1 August of the following year. 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 must also be notified. (5) The authorised bodies shall, within the framework of the administrative procedure provisions, have to lift the authorization, and to recover funds granted in favour of the Fund if it is found that they were used in an appropriate way or that they were not necessary to compensate for the damage. 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 cover the overall financial cost of disposal. of the resulting flood damage. (6) Repayments of funds shall be paid to the respective issuing titles of the Fund's economic plan. Unofficial table of contents

§ 4 Medium requirement

(1) Unless the Federal Government has to finance its own measures and programmes from the Fund's funds, and without prejudice to the provisions of Section 4 (4), second sentence, of the Building Aid Law, the Länder shall request for themselves and their designated bodies within the framework of the Estimates of the fund's economic plan and, in accordance with the distribution key according to § 1 (1), the funds on demand according to the settlement of the claims disposal measures at the federal government. (2) Overpayments or not demanded according to the requirements Funds shall be repaid immediately to the Fund. Unofficial table of contents

§ 5 Liquidity of the Fund

The liquidity of the Fund shall be ensured by the Federal Government at its expense. Any interim investment in favour of the Fund may not be carried out. Unofficial table of contents

§ 6 Fund Management

The Fund shall be administered by the Federal Ministry of Finance, which shall draw up the necessary economic plan for its management. Unofficial table of contents

Section 7 Entry into force

This Regulation shall enter into force with effect from 1 January 2003. Unofficial table of contents

Final formula

The Federal Council has agreed.