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Law on the establishment of a fund "Building aid"

Original Language Title: Gesetz zur Errichtung eines Fonds "Aufbauhilfe"

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Law on the establishment of a fund "Building aid" (Building Aid Law-AufhFG)

Unofficial table of contents

AufhFG

Date of completion: 19.09.2002

Full quote:

" Reconstruction aid law of 19 September 2002 (BGBl. 3651, 3652), as last amended by Article 6 of the Law of 23 May 2011 (BGBl). 920).

Status: Last amended by Art. 6 G v. 23.5.2011 I 920

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2003 + + +) 


The G was decided as Article 5 of G 610-6-14/1 v. 19.9.2002 I 3651 by the Bundestag with the consent of the Bundesrat. It occurs gem. Article 10 (2) of this G mWv 1.1.2003 in force. Section 2 (6) already enters into force on 21.9.2002 Unofficial table of contents

Section 1 Establishment of the Fund

A national solidarity fund "reconstruction aid" will be established as a special fund of the federal government. Unofficial table of contents

§ 2 Purpose and appropriation of funds of the Fund

(1) The Fund shall be used to provide assistance in the countries affected by the floods of August 2002 for the elimination of flood damage and for the reconstruction of the devastated regions. (2) Measures shall be taken from the Fund's resources
1.
for damaged private households and companies, in so far as insurance or other third parties do not provide compensation,
2.
to restore the infrastructure of the affected countries and municipalities,
3.
on the restoration of the federal infrastructure
(3) In the distribution of funds and the granting of aid, account should be taken of the different damage caused by the persons concerned. (4) The Fund shall provide the countries affected by the flood with an amount of 3,593 (5) In the cases referred to in paragraph 2 (1) and (2), the Federal Government and the respective countries shall each bear half of the expenditure in the case of jointly financed programmes, to the extent that in the case of other programmes financed by the Federal Republic of Germany, the Federal Government and the respective countries shall bear the same amount Laws or regulations adopted in accordance with this Act do not deviate from the provisions of the law (6) The Federal Government is empowered to adopt, with the consent of the Federal Council, a decree law, in particular for the purpose of regulating the distribution of funds and for the more detailed implementation of the Regulation. Unofficial table of contents

§ 3 Position on legal transactions

(1) The Fund is not legally capable of acting, complaining and being sued under its name in the legal market. The general place of jurisdiction of the Fund is the seat of the Federal Government. The Federal Minister of Finance administers the special assets. (2) The Fund is to be separated from the remaining assets of the Federal Government, its rights and liabilities. The Federal Government is liable for the liabilities of the Fund. Unofficial table of contents

Section 4 Assets of the Fund and financing

(1) The financing of the Fund is carried out in joint responsibility by contributions from the federal budget and the respective budgets of the Länder. (2) The Federal Government makes a total contribution of 3.507 billion euros; the contribution of the countries a total of EUR 2.774 billion. (3) The contribution of the countries referred to in paragraph 2 shall be as follows:
Baden-Württemberg 348.000.000 Euro,
Bavaria 405.000.000 Euro,
Berlin 152.000.000 Euro,
Brandenburg 88.000.000 Euro,
Bremen 29,000.000 Euro,
Hamburg 78.000.000 Euro,
Hesse 205.000.000 Euro,
Mecklenburg-Vorpommern 58.000.000 Euro,
Lower Saxony 259.000.000 Euro,
North Rhine-Westphalia 581,000.000 Euro,
Rhineland-Palatinate 130,000,000 euros,
Saarland 36.000.000 Euro,
Saxony 148.000.000 Euro,
Saxony-Anhalt 87.000.000 Euro,
Schleswig-Holstein 89.000.000 Euro,
Thuringia 81,000,000 euros.
(4) The Federal Government and the Länder shall, in 2003, transfer to the Fund the annual amounts set out in paragraphs 2 and 3, each with one twelfth at the end of each month. The payments made by the Länder in accordance with the first sentence shall be suspended as long as and as long as the date of entry into force of Article 1a of the Law amending the Law on the Reform of the Community and the Building Aid Law of 17 June 2003 (BGBl. 862), the payments of the countries exceed the amounts to be paid by them in accordance with the first sentence. In addition, the aid provided in 2002 by the Federal Government and the Länder in anticipation of this law will be reimbursed from the Fund at the beginning of 2003. The reimbursements can be booked with effect for the financial year 2002. (5) The liquidity of the fund is ensured by the federal government. Unofficial table of contents

Section 5 Economic plan

All revenue and expenditure of the Fund shall be entered in an economic plan. The economic plan shall be in balance in revenue and expenditure. Unofficial table of contents

§ 6 Annual accounts

At the end of the accounting year, the Federal Minister of Finance sets up the annual accounts for the fund and adds them as an annex to the federal budget accounts. Unofficial table of contents

§ 7 Administrative costs

The costs for the management of the fund are borne by the Federal Government. Unofficial table of contents

§ 8 Resolution of the Fund and subsequent use of funds

(1) The Fund shall be dissolved by the end of 2006. The assets of the Fund, while retaining the earmarking so far, shall be made immediately after the annual accounts have been drawn up in 2007 by the Federal Government and the Länder as part-creditors as follows:
1.
The lump sum funds (Titles 612 01 and 882 01 of the Economic Plan of the Fund "Building aid" (Federal budget for the financial year 2006, Volume 2, Section 60, p. 29 et seq.)), the appropriations from the co-financed programmes (Title 632 11, 632). 12, 632 13, 632 14, 632 15, 632 16, 697 11, 882 11, 882 21, 882 22, 882 23, 882 24 and 882 25 of the Economic Plan of the Fund "Building aid"),
2.
to the Federal Government, the appropriations from the pure federal programmes (Title 698 11, 683 11, 683 21, 713 21, 713 31, 713 32, 713 33 and 891 31 and the appropriations of the co-financed programme of Title 662 11 of the Economic Plan of the Fund "Building aid"),
3.
to the Free State of Saxony the funds from the reserve title 893 01 of the Economic Plan of the Fund "Building aid".
In this connection, the distribution key defined in the agreement between the Federal Government and the Länder of 25 April 2005 and the scheme to compensate for the increased and reduced needs of the Federal Government and the Länder shall apply. The Agreement of 25 April 2005 is annexed to this Act. Further transboundary redeployments beyond the redeployments provided for in this Act are excluded. The liabilities shall be applied to the person who has established them for the Fund. The remaining funds shall be allocated to the Free State of Saxony for use in accordance with paragraph 2. (2) The assets transferred in accordance with paragraph 1 shall be used in accordance with Section 2 (1) to (3). § 2 (1), (2) sentence 1, (3) to (5) and § 3 (1) to (5) of the Building Aid Ordinance of 24 June 2003 (BGBl) are applicable to the use of this property. 962). The Federal Court of Auditors may examine the correct use of the assets transferred to the countries. (3) Repayments, including interest, in accordance with Section 3 (5) of the Reconstruction Aid Regulation, are initially to be paid to the respective programmes. Repayments can be relayed to other programmes, provided that there is no need to cover any damage there. If no use is made of this possibility, the repayment shall be made in accordance with the first sentence of paragraph 1. (4) The management of the funds shall be carried out on its own responsibility by the federal departments responsible for the respective programmes, and Countries. The funds allocated to the federal ministries and not consumed by the end of the year are transferable from the entire federal budget. The Länder shall ensure the financing of their own and the co-financed programmes. (5) By the end of 2010, the funds not consumed by the Federal Government and the Länder shall be less than the claims still existing at that date. To be admitted to the Free State of Saxony for use in accordance with paragraph 2 within a period of six months. Residual amounts resulting from the settlement of all liabilities shall also be supplied to the Free State of Saxony for use in accordance with paragraph 2. (6) Insofar as funds from the Free State of Saxony are not consumed by the end of 2016 at the latest in accordance with paragraph 2 , these shall be reimbursed to the Federal Government and the Länder in accordance with § 4 until the end of 2017, in accordance with the shares in the payments in accordance with § 4 of the Fund, minus the claims still existing at that time. By the end of 2020 at the latest, all unused funds shall be reimbursed to the Federal Government and the Länder in accordance with the first sentence. Unofficial table of contents

Annex (to § 8 (1) sentence 4)

Supplement to the agreement
between
Federal Republic of Germany,
Represented by the Federal Ministry of Finance,
represented by State Secretary Gerd Ehlers,
and the countries/free states
Bavaria
Brandenburg
Mecklenburg-Vorpommern
Lower Saxony
Saxony
Saxony-Anhalt
Schleswig-Holstein
Thuringia,
Represented by the Secretary of State responsible,
on the establishment of uniform standards for the determination of the total damage and the percentage distribution of the funds of the Fund "Building aid" for measures pursuant to § 2 (2) (1) and (2) of the Auxiliary Federal Aid Act to the countries affected by the floods of 5 March 2003

§ 1 § 2
Percent Distribution More and less needs of countries
(1) In § 2 of the Agreement of 5 March 2003, the distribution key has been established on the basis of the requirements estimated until 17 December 2002 as follows: (1) Starting from the distribution key of Section 1 (1), the Länder/Free States of Lower Saxony and Saxony have established additional requirements, the Länder/Free States of Bavaria, Brandenburg, Mecklenburg-Western Pomerania, Saxony-Anhalt and Schleswig-Holstein have established a reduction in demand.
Bavaria 2.56%
Brandenburg 1.87% (2) The Länder/Free States of Bavaria, Brandenburg, Mecklenburg-Western Pomerania, Saxony-Anhalt and Schleswig-Holstein agree that, in order to meet the additional needs of the Free State of Saxony and the State of Lower Saxony, their reduction needs in Nominal amounts are relayed within the programmes of the Fund "Building aid" and less the needs of the State of Lower Saxony for each half of the Fund measures of the Free State of Saxony on the one hand and for measures of the programme " expenses for Federal highways " are used in the territory of the Free State of Saxony. The Free State of Thuringia does not assert its minor additional needs in favour of the purpose referred to in the first sentence.
Mecklenburg-Vorpommern 0.43%
Lower Saxony 2.26%
Saxony 78.85%
Saxony-Anhalt 13.34%
Schleswig-Holstein 0.05%
Thuringia 0.64%.

(2) Previous allocation of funds on the basis of this percentage distribution shall remain unaffected by this addition to the agreement.