Regulation On The Allocation And Use Of Resources Of The Fund "reconstruction Aid"

Original Language Title: Verordnung über die Verteilung und Verwendung der Mittel des Fonds „Aufbauhilfe“

Read the untranslated law here: http://www.gesetze-im-internet.de/aufbhv/BJNR323300013.html

Regulation on the allocation and use of resources of the Fund "Reconstruction aid" (construction aid regulation - AufbhV) AufbhV Ausfertigung date: 16.08.2013 full quotation: "building help regulation of 16th August 2013 (BGBl. I S. 3233), by article 2 of the law of 15 November 2014 (BGBl. I S. 1716) has been changed" stand: amended by art. 2 G v. 15.11.2014 I in 1716 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 18.8.2013 +++) input formula on the basis of article 2 paragraph 4 of the building help fund establishment Act of 15 July 2013 (BGBl. I S. 2401) the Federal Government enacted: section 1 allocation of funds (1) the funds after paragraph 4(1) of the development assistance fund establishment Act of 15 July 2013 (BGBl. I S. 2401) allocated to distribute according following criteria: 1 the Federal Government 1.5 billion euros available to stand for measures to restore its infrastructure. Its share of the cost of the emergency aid reserve will be refunded the Federal according to section 2 paragraph 2 sentence 2 of the building help fund establishment Act from the Fund. The remaining funds are distributed for measures according to § 2 paragraph 2 sentence 1 of the building help fund establishment Act on the flood-affected countries based on the keys in the points 2 to 4.
2. 50 percent of the funds referred to in point 1 sentence 3 are distributed according to the following key: Saxony-Anhalt 40.4 percent, Saxony 28.78 percent, Bavaria 19.57 percent, Thuringia 6.76 percent, Brandenburg 1.38 percent, Lower Saxony 1.14 percent, Baden-Württemberg 1.1 percent, Schleswig-Holstein 0.37 percent, Hesse 0.31 percent, Mecklenburg-Western Pomerania 0.12 percent, Rhineland-Palatinate 0.07 percent.
This means the share of the countries of the means for the reimbursement of emergency aid according to article 2, paragraph 2, sentence 2 include the development assistance fund establishment Act.
3. up to another 30 percent of funds after number attributable 1 sentence 3 on the countries affected by the flood can be distributed after manufacture of the amity between the aforementioned countries and the Federal after another as the key to the mentioned countries laid down in paragraph 2 If this according to the State of the damage determination carried out on the basis of § 2 takes into account the distribution of the total damage.
4. the distribution of the balance remaining after the procedure to number 2 and 3 the middle number attributable 1 sentence 3 on the countries affected by the floods will be according to the percentage distribution of the total damages determined in accordance with article 2 on the countries affected by the floods at least up to March 1, 2016 in a federal-countries-set agreement.
(2) the distribution of attributable to the Federal Government and the Länder of the funds on the individual measures according to section 2 paragraph 2 sentence 1 of the development assistance fund establishment Act is carried out in accordance with the economic plan to be in accordance with § 5 of the building help fund establishment Act. The business plan will be determined for the year 2013 as the annex to this regulation.

§ 2 determine of the damage amount (1) investigations of the total damage in the countries affected by the flood is in accordance with the uniform standards regulated in the following paragraphs.
(2) takes into account only damage in the catchment area of the river basins will be of the Elbe and Danube including its tributaries. In addition, damage in the areas are capable of taking into account, where emergency aid have been made according to section 2 paragraph 2 sentence 2 of the building help fund establishment Act.
(3) takes into account will only flood-related damage caused by the flood in the period from May 18, 2013 to July 4, 2013. Including damage covered by flooding and damage caused by wild outflowing water, Flash flood, rising ground water, excess rain water and mixing sewage and the effects of slope slip, where they immediately are caused by the flood. Also direct damages are taken into account by emergency personnel and emergency vehicles. Damages which are caused due to the breach of rules to protect against flood hazards in fixed or provisionally secured floodplains are not taken into account.
(4) in determining the damage is turned off on the cost of repairs or replacement in accordance with constructional and technical standards. More specific rules may be taken within the framework of administrative arrangements.
(5) damage in the following areas are taken into account in determining damage: 1 households, 2. commercial and freelance business, 3. Agriculture and forestry, 4. other facilities according to § 2, paragraph 2, sentence 1 number 1 of the building help fund establishment Act, such as associations and foundations, 5. cultural and scientific institutions, regardless of their sponsorship, 6. infrastructure in municipalities and other bodies of governed by public law, infrastructure as far as infrastructure a country referred to in point 7 or the Federal Government is not , 7 infrastructure of countries, 8 religious communities, which are recognized as public corporations.
(6) costs for measures be taken into account in determining damage, sentence 1 taken immediately before or during the period pursuant to paragraph 3, insofar as they directly served ward off flood-related hazards and the limitation of flood-related damage. Cost of the disposal of the measures pursuant to sentence 1 are also capable of taking into account.

§ 3 use of funds (1) after the distribution of the funds under his economic plan is the decision on the use of funds attributable to the flood-affected countries the countries and the authorized posts (bezirksregierung posts). The Federal Government decides on the use of funds to restore the infrastructure of the Federal Government.
(2) the eligibility of the individual measures according to section 2 paragraph 2 sentence 1 of the building help fund establishment Act, with the exception of measures to restore the infrastructure of the Federal Government, basically presupposes the conclusion of an administrative agreement between the Federal Government and the countries referred to in paragraph 1. Eligible to also measures for the recovery of structural systems, operational facilities or infrastructure, in terms of their style, their location, or their extent of the flood destroyed the amount of the loss actually incurred or damaged building equipment or infrastructure differ, but restore the function of such a plant or establishment are used if the measures to meet the requirements of preventive flood protection and to avoid any future damage are better suited than the destroyed plants or facilities. More information can be regulated within the framework of the administrative agreement concluded pursuant to sentence 1. Exceptions sentence 1 are subject to the approval of the Federal Ministry of finance. The conditions of the emergency aid reserve according to section 2 paragraph 2 sentence 2 of the building help fund establishment Act are finally laid down in the administrative arrangements between the Federal and the State to completed.
(3) the introduction of harm elimination measures prior to the granting of funds does not preclude the eligibility of these measures. Measures for the immediate security or damage control immediately prior to the period referred to in article 2, paragraph 3, sentence 1 are eligible.
(4) the funds are to provide in accordance with the following principles: 1 the Fund can for individual damages by private households, companies, other institutions as well as the religious communities recognized as public corporations benefits are paid up to the amount of 80 percent of the loss incurred in accordance with § 2 paragraph 3 of the development assistance fund establishment Act. Aid granted for the same damage are to be. The payout is subject to recovery in particular for the case, that are provided by third parties and this over-compensation of the harm is caused. To avoid hardship, other arrangements can be made in justified individual cases.
2. medium for measures to restore the infrastructure in accordance with the business plan and the Federal undertaken at its base country programmes is granted or after. Derogations can be made in administrative arrangements between the Federal and State Governments.
3. damage compensation claims can number 1 of the development assistance fund establishment Act to a third party, in particular insurance, calculation and granting of funds for measures according to § 2, paragraph 2, sentence 1 and to restore buildings and institutions of religious communities recognized as bodies of governed by public law for the time being but eight are allowed, so far as the claims despite prospect of success can be realized at short notice according to the authorising authority of the 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.
4. each proof of the details of victims can be provided by Glaubhaftmachung by means of appropriate documentation and insurance of the accuracy of the information. Subsequent checks and requirements of evidence damage suffered by large scale are not excluded from.

§ 4 proper 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 action.
(2) the appropriate Supreme Land authorities inform the federal ministries responsible for the measures and programs or which of these contracted places over the proper use and use of funds (usage report). The usage report is provided all countries. It contains information on the annual total expenditure and their distribution to the respective programmes and individual measures. More details, including the requirement for submission of progress reports, can be regulated in the administrative arrangements pursuant to article 3, paragraph 2. Relevant testing releases of the audit authorities of countries shall be communicated to the competent federal ministries.
(3) the competent federal ministries to clarify the need for information and request further evidence.
(4) the countries inform the competent federal ministries or the completed of their administrative verification of the proper use of funds and reporting the usage reports referred to in paragraph 2 of these designated areas until July 31 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 allocated for programmes and measures and invested funds Fund containing. Unless relevant audit messages of the respective supreme audit authorities, these are also to be communicated. Report will be available to all countries.
(5) the competent federal ministries, the Federal Audit Office, or their agents can check with the services of the countries of that are involved in the management of the resources of the Fund, as well as at all other points which have enabled countries in the deployment of resources, the proper use of funds. A check should be by the General Accounting Office or its representative together with the competent regional court of audit within the meaning of § 93 of the federal budget rules. This right of review is also compared to the beneficiaries and to include in the grant decision.
(6) 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 on the development assistance fund establishment Act. If 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, they are also to reclaim in the amount of overcompensation.

§ 5 use and repayment of funds (1) the countries adopt who allocated funds for themselves and their hired them places in the context of the approaches of the economic plan of the Fund and in accordance with the distribution key pursuant to § 1 paragraph 1 suitable for use according to the handling of measures according to section 2 paragraph 2 sentence 1 of the development assistance fund establishment Act claim.
(2) overpaid or not appropriately unused funds are immediately to pay back to the Fund. This is not, the amounts from the date of the overpayment or claiming are up to the repayment of the interest rate shall be payable on, which is based on the interest rate for loans from the Federal Government to cover expenditure. The interest rate will be each announced by circular letter to the Supreme Federal authorities by the Federal Ministry of finance. Refunds go to the respective issue titles of business plan of the Fund.

§ 6 to ensure liquidity of the Fund which is liquidity of the Fund by the Federal Government's expense.

Article 7 management of funds the management of the Fund is the Federal Ministry of finance.

§ 8 EU State aid rules if in individual cases requiring legal aid is required, this immediately by the respective aid donors sought.

Article 9 entry into force this regulation enter into force on the day after the announcement.

Concluding formula the Federal Council has approved.

Plant (for section 1 paragraph 2 sentence 2) business plan of the Fund "Reconstruction aid" (reference: BGBl. I 2014, 1717 - 1723) preliminary note in execution of the law on the establishment of a fund "Reconstruction aid" (development assistance fund establishment Act AufbhG) by 15 July 2013 (BGBl. I S. 2401) establishes a national fund "Reconstruction aid" as a Fund of the Federal Government.
The Fund serves the performance of AIDS in the countries affected by the floods in the summer of 2013. The Fund will finance measures to eliminate the flood damage and to rebuild of the destroyed infrastructure. Its volume is 8 billion euro. The countries take part in the financing of the acquisition of interest and repayments. This is done in 2014 to 2019, by changing the sales tax distribution between federal and State Governments and in the years 2020 until 2033, through direct payments of countries on the Federal Government. Additional funds come from the EU Solidarity Fund.
In accordance with section 1, paragraph 2, sentence 2 AufbhG, the emergency aid provided by federal and State Governments, about the year 2013 management agreements have been concluded between the Federal Government and the laender, be reimbursed the funds.
Overview set 2014 1 €000 set 2013 1 €000 change to 2013 1 €000 output remains 2013 is €1 000 2013 €1 000 revenue other revenue - 8 000 000-8 000 000 - total revenue - 8 000 000-8 000 000 - expenditure assignments and grants (excluding investments)... - 2 411 169-2 411 169 - expenditure on investment - 5 588 831-5 588 831 - special financing issues - - - - total - 8 000 000-8 000 000 - of not more flexible - 8 000 000-8 000 000 - title function
Purpose set 2014 1 €000 set 2013 2012 is €1 000 1 €000 revenue other revenue 231 01-813 advancements of the Covenant - 8 000 000 272 01-813 grants of the European Union --budget note revenue are earmarked for binding regulations of the EU. They serve only to the performance of the additional expenditure under following titles: Appendix 4 to Cape. 6002. 01 title group TGR. 01 infrastructure of the Federal Government (-) (-) 359 11-850 removal from reserve --budget note extra revenues are earmarked in accordance with construction assistance fund establishment Act. They serve only to the performance of the additional expenditure under following titles: TGR. 01 Cape. 6095. title group 02 TGR. 02 removal of flood damage in the countries (-) (-) 359 21-850 removal from reserve --budget note extra revenues are earmarked in accordance with construction assistance fund establishment Act. They serve only to the performance of the additional expenditure under following titles: TGR. 02 Cape. 6095. title function purpose set 2014 1 €000 set 2013 2012 is 1 €000 1 €000 expenditure budget Note: 1. overspending to Nos. 2 and 3 of the notes may be made up to the amount of earmarked revenue with following titles: 272 01, 359 11 and 359 21.
 
 
 
 
2. refunds and repayments of allocated expenditure.
 
 
 
 
Remarks: Name 1 €000 1 feeder of the Covenant - 2. grants of the European Union - 3. sums drawn from reserves - together - 01 title group TGR. 01 infrastructure of the Federal Government (-) (1 320 000) budget Note: spending the TGR. 01 are each capable of covering.
 
 
 
611 01-813 feed at the Federal - - - 741 11-721 expenses for federal highways - 100 000-741 12-722 expenses for federal highways - 305 000-741 13 731 expenses for Federal waterway - 90 000-741 14-813 expenses for property of portfolios and other assets of the Association - 100 000-891 11-742 expenses for railways of the Federation to eliminate damage to the Federal rail network and for the federal railway assets - 725 000-919 11-850 supply to reserve - - - title group 02 TGR. 02 removal of flood damage in the countries (-) (6 680 000) budget Note: the outputs of the TGR. 02 are each capable of covering.
 
 
 
611 21-820 reimbursement to the Bund - 459-850 - title function purpose set 2014 1 €000 set 2013 1 €000 is 2012 612-€1 000 21-820 emergency aid of countries - 369-742 - explanations: name 1 €000 Saxony - Sachsen - Bavaria - Thüringen - Brandenburg - Lower Saxony - Baden-Württemberg - Schleswig-Holstein - Hesse - Mecklenburg-Vorpommern - Rhineland-Palatinate - together - 697 21-813 program to help flood affected enterprises of industry and member of the free professions as well as economy-related infrastructure - 527-468 - explanations : Label 1 €000 Saxony - Sachsen - Bavaria - Thüringen - Brandenburg - Lower Saxony - Baden-Württemberg - Schleswig-Holstein - Hesse - Mecklenburg-Vorpommern - Rhineland-Palatinate - together - 697 22-813 program to support the flood-affected agriculture and forestry, as well as to the compensation in the rural infrastructure in outdoor areas of municipalities - 401-604 - explanations: name Saxony - Sachsen-1 €000
Bavaria - Thüringen - Brandenburg - title function purpose set 2014 1 €000 set 2013 1 €000 2012 1 €000 to title 697 22 Lower Saxony - Baden-Württemberg - Schleswig-Holstein - Hesse - Mecklenburg-Vorpommern - Rhineland-Palatinate - is - 698 21-813 program to support the flood of affected households and housing associations - 587-494 - explanations: name 1 €000 Saxony - Sachsen - Bavaria - Thüringen - Brandenburg - Lower Saxony - Baden-Württemberg - Schleswig-Holstein - Hesse - Mecklenburg-Vorpommern - Rhineland-Palatinate - together - 698 22-813 programme for the Elimination of damage in cultural institutions and monuments irrespective of the ownership - 62-761 - explanations : Label 1 €000 Saxony - Sachsen - Bavaria - Thüringen - Brandenburg - Lower Saxony - Baden-Württemberg - Schleswig-Holstein - Hesse - Mecklenburg-Vorpommern - Rhineland-Palatinate - together - title function purpose set 2014 1 €000 set 2013 1 €000 is 2012 1 €000 698 23-813 program for the Elimination of damage in research facilities regardless of ownership - 2 250 - notes: name 1 €000 Saxony - Sachsen - Bavaria - Thüringen - Brandenburg - Lower Saxony - Baden-Württemberg - Schleswig-Holstein - Hesse - Mecklenburg-Vorpommern - Rhineland-Palatinate - together - 882 21-813 program to restore the infrastructure in the communities - 785-252 - explanations : Label 1 €000 Saxony - Sachsen - Bavaria - Thüringen - Brandenburg - Lower Saxony - Baden-Württemberg - Schleswig-Holstein - Hesse - Mecklenburg-Vorpommern - Rhineland-Palatinate - together - 882 22-813 program to restore the infrastructure of the countries - 373-504 - explanations: name 1 €000 - Saxony - Bavaria - Saxony-Anhalt, Thuringia, Germany - Brandenburg - Lower Saxony - Baden-Württemberg - title function purpose set 2014 1 €000 set 2013 1 €000 2012 1 €000 to title 882 22 Schleswig-Holstein - Hesse - Mecklenburg-Vorpommern - Rhineland-Palatinate - is together - 893 21-813 reserve to the breakdown of another damage assessment - 3 110 075-919 21-850 feeding on Reserve - - -.