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Regulation on the distribution and use of funds of the Fund "Building aid"

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

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Regulation on the distribution and use of funds of the Fund "Building aid" (Development Aid Regulation-AufbhV)

Unofficial table of contents

AufbhV

Date of completion: 16.08.2013

Full quote:

" Reconstruction aid regulation of 16 August 2013 (BGBl. 3233), as defined by Article 2 of the Law of 15 November 2014 (BGBl. I p. 1716).

Status: Amended by Art. 2 G v. 15.11.2014 I 1716

For more details, please refer to the menu under Notes

Footnote 

(+ + + Text proof: 18.8.2013 + + +)
Unofficial table of contents

Input formula

On the basis of § 2 (4) of the Building Aid Fund Law of 15 July 2013 (BGBl. I p. 2401), the Federal Government is responsible for: Unofficial table of contents

§ 1 Distribution of funds

(1) The Fund according to § 4 (1) of the Building Aid Fund Law of 15 July 2013 (BGBl. I p. 2401) shall be distributed in accordance with the following measures:
1.
The federal government has 1.5 billion euros available for measures to restore its infrastructure. The Federal Government will reimburse its share of the costs of emergency aid pursuant to Section 2 (2), second sentence, of the Building Aid Fund Law from the Fund. The remaining funds shall be allocated for the measures referred to in Article 2 (2), first sentence, of the Building Aid Fund Law on the countries affected by the floods in accordance with the keys in points 2 to 4.
2.
50% of the funds referred to in the third sentence of paragraph 1 shall be 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-Vorpommern 0.12 percent,
Rhineland-Palatinate 0.07 percent.
These funds include the countries ' shares in the funds for the reimbursement of emergency aid pursuant to Article 2 (2), second sentence, of the Building Aid Fund Act.
3.
Up to a further 30 per cent of the resources referred to in the third sentence of paragraph 1 on the countries affected by the floods may, after the establishment of mutual agreement between the abovementioned countries and the Federal Government, also be able to take place in accordance with a procedure other than that in which: Number 2 shall be distributed to the countries referred to therein, if this takes account of the distribution of the total damage according to the status of the damage assessment carried out on the basis of § 2.
4.
The distribution of the remaining amount of the remaining amount remaining after the procedure referred to in point 2 and 3 for the countries affected by the flooding shall be distributed in accordance with the percentage distribution of the funds determined in accordance with § 2 Total damage to the countries affected by the floods no later than 1 March 2016 in a federal-state agreement.
(2) The distribution of funds from the Fund to the Federal Government and the Länder of the Fund to the individual measures pursuant to Article 2 (2), first sentence, of the Building Aid Fund Act shall be carried out in accordance with the conditions laid down in Section 5 of the Building Aid Expenditure Act of the economic plan to be established. The economic plan will be established for 2013 as an annex to this regulation. Unofficial table of contents

§ 2 Determination of the damage level

(1) The investigation of the total damage in the countries affected by the floods shall be carried out in accordance with the uniform standards laid down in the following paragraphs. (2) Only damage is taken into account in the catchment area of the river basins of the Elbe and Danube, including its tributaries. In addition, damage in the areas where emergency aid has been provided in accordance with Article 2 (2), second sentence, of the Building Aid Fund Act. (3) Only damage caused by flooding caused by the High water in the period from 18 May 2013 to 4 July 2013. This includes damage caused by floods as well as damage caused by wildly flowing water, storm surge, rising groundwater, overflowing rainwater and mixed canalisation and the consequences of the Hangrutsch, as far as they are directly affected by the High water is caused. Direct damage is also taken into account by operational forces and emergency vehicles. No account shall be taken of any damage which has occurred in the event of a breach of rules for protection against flood risks in fixed or provisionally secured flood areas. (4) In determining the damage, the damage shall not be taken into account. The cost of recovery or the replacement of the replacement must be carried out in compliance with structural and technical standards. In the framework of administrative agreements, more concrete regulations can be made. (5) Damage in the following areas will be taken into account in the case of damage determination:
1.
Private households,
2.
commercial and professional economy,
3.
Agriculture and forestry,
4.
other bodies referred to in Article 2 (2), first sentence, point 1 of the Building Aid Fund Act, such as associations and foundations,
5.
cultural and scientific institutions, regardless of their sponsorship,
6.
Infrastructure in municipalities and infrastructure of other public-law bodies, in so far as it is not a country's infrastructure according to point 7 or the federal government,
7.
Infrastructure of the countries,
8.
Religious communities recognised as bodies of public law.
(6) In the case of damage assessment, costs shall be taken into account for measures taken immediately before or during the period referred to in the first sentence of paragraph 3, insofar as they are directly related to the prevention of flood-related hazards and to the limitation of have served as a result of flood damage. The costs of the removal of the measures referred to in the first sentence shall also be taken into account. Unofficial table of contents

§ 3 Use of funds

(1) Following the distribution of funds from the Fund in the context of its economic plan, the decision on the use of the funds to be allocated to the countries affected by the floods is the responsibility of the countries and the authorities responsible (authorized bodies). The Federal Government decides on the use of funds to restore the Federal Government's infrastructure. (2) The eligibility of the individual measures pursuant to Article 2 (2), first sentence, of the Building Aid Fund Act, with the exception of the measures to be taken by the Federal Government. Restoration of the Federal Government's infrastructure, requires the conclusion of a corresponding administrative agreement between the Federal Government and the countries referred to in § 1. To the extent of the damage actually incurred, it shall also be eligible for measures to restore structural installations, operational facilities or infrastructure which, with a view to their nature, location or scope, shall be eligible for the recovery of the depart from the flood or damaged or damaged construction plant or infrastructure, but may be used for the restoration of the function of such an installation or facility, if the measures to meet the requirements of the Flood protection and prevention of possible future damage are better suited than the destroyed plants or facilities. More detailed information may be provided under the administrative arrangement referred to in sentence 1. Exceptions to the first sentence shall be subject to the approval of the Federal Ministry of Finance. The conditions for emergency aid pursuant to Article 2 (2), second sentence, of the Building Aid Fund Act are finally settled in the administrative arrangements concluded between the Federal Government and the Länder. (3) The introduction of The eligibility of such measures shall not preclude the eligibility of the measures to be taken into account. Direct security measures or damage limitation immediately before the period referred to in § 2 (3) sentence 1 shall be eligible for assistance. (4) The funds shall be granted in accordance with the following principles:
1.
From the funds of the Fund for individual damage to private households, companies, other institutions and religious communities recognised as public bodies, services up to the level of 80 per cent of the In compliance with Section 2 (3) of the Auxiliary Provisions of the Law of the Development Assistance Act, the damage incurred shall be granted. Emergency aid shall be set off for the same damage. The withdrawal shall be made subject to a reservation of repayment, in particular in the event that services are provided by third parties and thereby overcompensation of the damage is effected. In order to avoid hardship, other regulations may be made in justified individual cases.
2.
Funds for infrastructure restoration measures shall be granted in accordance with the economic plan and the federal or state programmes to be carried out on its basis. Deviating regulations can be made in administrative arrangements between the federal government and the federal states.
3.
Compensation claims against third parties, in particular insurance companies, may be used in the calculation and allocation of the funds of the Fund for measures pursuant to § 2 (2) sentence 1 (1) of the Building Aid Fund Act as well as for the recovery of the funds. of buildings and institutions of religious communities recognised as bodies of public law, in so far as the claims are not short-term in the opinion of the approved body, in spite of the success of the assessment of the rights of the religious communities. can be realized by the victims. 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.
4.
The proof of the information provided by the injured parties can be provided by means of the credibility of the information provided by means of appropriate proof and insurance. Subsequent verifications and requirements of evidence in particular in case of damage to a large extent are therefore not excluded.
Unofficial table of contents

§ 4 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 Federal Ministries responsible for the measures and programmes, or the bodies responsible, of the appropriate use and use of the funds (use report). The use report shall be made available to all countries. It shall contain information on the total annual expenditure and its distribution on the programmes and individual measures in question. Further details, including the obligation to submit interim reports, may also be settled in the administrative arrangements provided for in Article 3 (2). Relevant audit reports of the audit authorities of the Länder are to be communicated to the competent federal ministries. (3) The competent federal ministries can specify the need for information and demand further evidence. (4) The After the completion of their administrative verification, countries shall inform the competent federal ministries or the bodies responsible for the correct use of the funds and after reimbursement of the reports of the use referred to in paragraph 2. on 31 July of the following year in the form of a summary Report. The report shall provide a brief summary 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 reports are available to the respective Supreme Audit Institutions, these are also to be communicated. The report shall be made available to all countries. (5) The competent federal ministries, the Federal Court of Auditors or their agents may be made available to the departments of the countries involved in the management of the funds of the Fund and to the all the other bodies which have intervened in the transfer of funds to verify the proper use of the funds. An audit by the Federal Court of Auditors or its authorised representative is to be carried out jointly with the competent State Audit Office within the meaning of Section 93 of the Federal Budget Code. This right of examination also exists in relation to the beneficiary and is to be included in the notice of application. (6) The authorized bodies have to repeal the authorization under the administrative procedure rules and have approved appropriations for the benefit of: to recover 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 provided by the Federal Government or a country in anticipation of the building-aid-aid-law of the Federal Republic of Germany. If services have been provided by third parties in order to compensate for the damage, and the sum of these benefits and the approved funds exceeds the overall financial cost for the elimination of the flood damage caused, also to reclaim it at the level of the overcompensation. Unofficial table of contents

§ 5 Use and repayment of funds

(1) Countries shall take the funds allocated to them 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 referred to in Article 1 (1), as required, in accordance with the liquidate of the Measures in accordance with § 2 (2) sentence 1 of the Building Aid Fund Act. (2) Overpaid or non-requisable funds are to be reimbursed immediately to the Fund. If this is not done, the amounts are to be galvanissed from the date of the overpayment or recourse until the repayment with the interest rate, which is calculated on the basis of the interest rate on loans from the Federal Government to cover expenses. The interest rate is announced by the Federal Ministry of Finance in each case by circular letters to the top federal authorities. Repayments shall be paid to the respective issuing titles of the Fund's economic plan. Unofficial table of contents

§ 6 Liquidity of the Fund

The liquidity of the Fund shall be ensured by the Federal Government at its expense. Unofficial table of contents

§ 7 Fund Management

The administration of the fund is the responsibility of the Federal Ministry of Finance. Unofficial table of contents

§ 8 EU-State aid permit

To the extent that a state aid authorisation is required in individual cases, the aid shall be obtained without delay by the respective aid provider. Unofficial table of contents

Section 9 Entry into force

This Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

Annex (to § 1 (2) sentence 2)
Economic plan of the special assets "Building aid"

(Fundstelle: BGBl. I 2014, 1717-1723)

Preliminary remarks In the implementation of the Law on the Establishment of a Special Assets "Building Aid" (Building Aid Law-Erdirectional Law-AufbhG) of 15 July 2013 (BGBl. 2401), a national fund "Building aid" is set up as a special fund of the Federal Government. The Fund is used to provide assistance in the countries affected by the floods in the summer of 2013. The funds will be used to finance measures to eliminate flood damage and to rebuild the infrastructure that has been destroyed. Its volume is 8 billion. Euro. The countries are participating in financing through the acquisition of interest and redemption. This will take place in the years 2014 to 2019 through a change in the turnover tax distribution between the federal government and the Länder and in the years 2020 to 2033 by direct payments of the countries to the federal government. Additional funding comes from the EU Solidarity Fund. According to Article 1 (2) sentence 2 of the Federal Republic of Germany, the emergency aid provided by the Federal Government and the Länder, through which administrative arrangements between the Federal Government and the Länder have been concluded in 2013, shall be made up of the Funds shall be reimbursed.













OverviewTarget 2014 1 000 €Target 2013 1 000 €Change to 2013 1 000 €/output Remains 2013 1 000 €Is 2013 1 000 €
Revenue
Other revenue - 8 000 000 -8 000 000 -
Total revenue - 8 000 000 -8 000 000 -
Expenditure
Allocations and grants (excluding investments)... - 2 411 169 -2 411 169 -
Expenditure on investment - 5 588 831 -5 588 831 -
Special financing expenditure - - - -
Total expenditure - 8 000 000 -8 000 000 -
of which non-flexibilized - 8 000 000 -8 000 000 -









Title Functional Purpose 2014 1 000 €Target 2013 1 000 €Is 2012 1 000 €
Revenue
Other revenue
231 01
-813 		Federal Republic of Germany - 8 000 000
272 01
-813 		Subsidies from the European Union - -
Budget note
Multi-income measures are earmarked for binding EU requirements. They are used only for the performance of the additional expenditure in the following titles: Appendix 4 to chap. 6002.
Title group 01
Tgr 01 Infrastructure of the Federal Government (-) (-)
359 11
-850 		Withdrawal from reserve - -
Budget note
In accordance with the provisions of the German Development Assistance Act, additional measures are earmarked. They are used only for the performance of the additional expenditure of the following titles:
Title group 02
Tgr. 02 Elimination of flood damage in the countries (-) (-)
359 21
-850 		Withdrawal from reserve - -
Budget note
In accordance with the provisions of the German Development Assistance Act, additional measures are earmarked. They are used only for the performance of the additional expenditure of the following titles:









Title Functional Purpose 2014 1 000 €Target 2013 1 000 €Is 2012 1 000 €
Expenditure
Budget note:
1. Additional expenditure relating to items 2 and 3 of the Explanatory Notes may be made up to the amount of the assigned revenue in the following titles: 272 01, 359 11 and 359 21.
2. Refunds and repayments shall be paid to expenditure.
Explanatory notes:
Label1 000 €
1. Federal Government -
2. Subsidies from the European Union -
3. Withdrawal from reserves -
Together -
Title group 01
Tgr 01 Infrastructure of the Federal Government (-) (1 320 000)
Budget note:
The outputs of the Tgr. 01 are mutually congrued.
611 01
-813 		Supply to the Federal Government - - -
741 11
-721 		Expenses for Federal Motorways - 100 000 -
741 12
-722 		Expenditure on federal roads - 305 000 -
741 13
-731 		Expenditure on federal waterways - 90 000 -
741 14
-813 		Expenses for real estate of the ministries and other assets of the Federal Government - 100 000 -
891 11
-742 		Expenses for railways of the Federal Government for the elimination of damage to the Federal Railways network and to the Federal Railways - 725 000 -
919 11
-850 		Supply to reserve - - -
Title group 02
Tgr. 02 Elimination of flood damage in the countries (-) (6 680 000)
Budget note:
The expenses of the Tgr. 02 are mutually congrued.
611 21
-820 		Refund to the Federal Government - 459 850 -









Title Functional Purpose 2014 1 000 €Target 2013 1 000 €Is 2012 1 000 €
612 21
-820 		Emergency aid from the countries - 369 742 -
Explanatory notes:
Label1 000 €
Saxony-Anhalt -
Saxony -
Bavaria -
Thuringia -
Brandenburg -
Lower Saxony -
Baden-Württemberg -
Schleswig-Holstein -
Hesse -
Mecklenburg-Vorpommern -
Rhineland-Palatinate -
Together -
697 21
-813 		Programme to support highly water-affected enterprises in the commercial economy and members of the liberal professions as well as in the area of economic infrastructure - 527 468 -
Explanatory notes:
Label1 000 €
Saxony-Anhalt -
Saxony -
Bavaria -
Thuringia -
Brandenburg -
Lower Saxony -
Baden-Württemberg -
Schleswig-Holstein -
Hesse -
Mecklenburg-Vorpommern -
Rhineland-Palatinate -
Together -
697 22
-813 		Programme to support the agricultural and forestry sector affected by the floods and to compensate for damage to rural infrastructure in the external area of municipalities - 401 604 -
Explanatory notes:
Label1 000 €
Saxony-Anhalt -
Saxony -
Bavaria -
Thuringia -
Brandenburg -







Title Functional Purpose 2014 1 000 €Target 2013 1 000 €Is 2012 1 000 €
Still to Title 697 22
Lower Saxony -
Baden-Württemberg -
Schleswig-Holstein -
Hesse -
Mecklenburg-Vorpommern -
Rhineland-Palatinate -
Together -
698 21
-813 		Programme to support the flood of private households and housing companies affected by floods - 587 494 -
Explanatory notes:
Label1 000 €
Saxony-Anhalt -
Saxony -
Bavaria -
Thuringia -
Brandenburg -
Lower Saxony -
Baden-Württemberg -
Schleswig-Holstein -
Hesse -
Mecklenburg-Vorpommern -
Rhineland-Palatinate -
Together -
698 22
-813 		Programme for the elimination of damage to cultural institutions and cultural monuments, irrespective of the sponsorship - 62 761 -
Explanatory notes:
Label1 000 €
Saxony-Anhalt -
Saxony -
Bavaria -
Thuringia -
Brandenburg -
Lower Saxony -
Baden-Württemberg -
Schleswig-Holstein -
Hesse -
Mecklenburg-Vorpommern -
Rhineland-Palatinate -
Together -







Title Functional Purpose 2014 1 000 €Target 2013 1 000 €Is 2012 1 000 €
698 23
-813 		Programme for the elimination of damage to research institutions independent of the sponsorship - 2 250 -
Explanatory notes:
Label1 000 €
Saxony-Anhalt -
Saxony -
Bavaria -
Thuringia -
Brandenburg -
Lower Saxony -
Baden-Württemberg -
Schleswig-Holstein -
Hesse -
Mecklenburg-Vorpommern -
Rhineland-Palatinate -
Together -
882 21
-813 		Programme for the restoration of infrastructure in the municipalities - 785 252 -
Explanatory notes:
Label1 000 €
Saxony-Anhalt -
Saxony -
Bavaria -
Thuringia -
Brandenburg -
Lower Saxony -
Baden-Württemberg -
Schleswig-Holstein -
Hesse -
Mecklenburg-Vorpommern -
Rhineland-Palatinate -
Together -
882 22
-813 		Programme for the restoration of the infrastructure of the countries - 373 504 -
Explanatory notes:
Label1 000 €
Saxony-Anhalt -
Saxony -
Bavaria -
Thuringia -
Brandenburg -
Lower Saxony -
Baden-Württemberg -









Title Functional Purpose 2014 1 000 €Target 2013 1 000 €Is 2012 1 000 €
Still to Title 882 22
Schleswig-Holstein -
Hesse -
Mecklenburg-Vorpommern -
Rhineland-Palatinate -
Together -
893 21
-813 		Reserve for allocation after further damage assessment - 3 110 075 -
919 21
-850 		Supply to reserve - - -