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Law establishing a fund "Reconstruction aid" (development assistance Fund Act - AufhFG) AufhFG Ausfertigung date: 19.09.2002 full quotation: "building help Fund Act of 19 September 2002 (BGBl. I S. 3651, and 3652), most recently by article 6 of the law of May 23, 2011 (BGBl. I p. 920) has been changed" stand: last amended by art. 6 G v. 23.5.2011 I 920 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.1.2003 +++) the G as article 5 of the G 610-6-14/1 v. 19.9.2002 I 3651 by the German Bundestag, with the consent of the Federal Council decided. It occurs as per article 10 paragraph 2 of this G mWv in force 1 January 2003. § 2 para 6 enter the Fund already on the 21.9.2002 into force section 1's establishes a national solidarity fund "Reconstruction aid" as a Fund of the Federal Government.
§ 2 serves purpose and use of the funds of the Fund (1) the Fund performance of AIDS in the countries affected by the floods in August 2002 to eliminate the flood damage and the reconstruction of the destroyed regions.
(2) out of the Fund measures financed 1 for damaged homes and businesses, as far as not insurance companies or other third parties pay compensation, 2. to restore the infrastructure of affected countries and communities, 3. to restore the infrastructure of the Federal Government.
(3) in the case of the distribution of resources and the granting of aid, the different claims burdens of those affected must be considered.
(4) the Fund provides the countries affected by the floods a sum amounting to EUR 3.593 billion lump sum for use within the framework of the purpose at the disposal.
(5) Federal Government and the respective countries carry in the cases of paragraph 2 No. 1 and 2 in jointly financed half of the total programs each extent in the Ordinance adopted pursuant to this Act or in other laws no derogations are made.
(6) the Federal Government is authorized, with the consent of the Federal Council to adopt a legal regulation, in particular to control the distribution of funds and to the further implementation.
§ 3 position in legal relations (1) the Fund is not subject to, he can act on his behalf in legal relations, sue and be sued. The place of general jurisdiction of the Fund is the seat of the Federal Government. The Federal Minister of finance manages the Fund.
(2) the Fund is from the other assets of the Federal Government, to separate its rights and liabilities. The Federal Government is liable for the liabilities of the Fund.
§ 4 assets of the Fund and financing (1) the financing of the Fund is in shared responsibility through contributions from the federal budget and the budgets of the countries.
(2) the Federal Government makes a contribution amounting to EUR 3,507 billion; total the contribution of the countries is a total 2.774 billion euros.
(3) the contribution of the countries referred to in paragraph 2 is divided 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-Western Pomerania 58.000.000 euro, Lower Saxony 259.000.000 euro, North Rhine-Westphalia 581.000.000 euro, Rhineland-Palatinate 130,000,000 euro, 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 euro.
(4) Federal and State Governments pay the annual amounts laid down in paragraphs 2 and 3, with each one-twelfth at the end of each month in 2003 to the Fund. Exposed to the payments of countries pursuant to sentence 1, as long as and as far as at the time of entry into force of Article 1a of the Act amending the Community financial reform act and of the building help fund law of June 17, 2003 (Federal Law Gazette I p. 862) payments of countries exceed the amounts payable by them pursuant to sentence 1. Also you will be refunded provided assistance at the beginning of the year 2003 from the Fund in 2002 by federal and State in anticipation of this law. The refunds can be booked with effect for the financial year 2002.
(5) the liquidity of the funds is ensured by the Federal Government.
§ 5 budget all revenue and expenditure of the Fund are estimated in a management plan. The business plan is to balance revenue and expenditure.
§ 6 financial statements of the Federal Minister of finance prepares the financial statements for the Fund at the end of the accounting year and adds them as notes to the financial statements of the Federal.
Article 7 administrative costs the costs of the management of the Fund the Federal Government bears.
§ 8 resolves to dissolution of the Fund and subsequent use of funds (1) the Fund at the end of 2006. The assets of the Fund while maintaining the current earmarking immediately after preparation of the financial statements 2006 in 2007 on federal and State Governments as creditors of part of as follows over: 1 on the countries the lump-sum appropriations (title 612 01 and 882 01 of the economic plan of the Fund "Reconstruction aid" (were for the financial year 2006, volume 2, section 60, p. 29 et seq.)), funds from the part-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 "Reconstruction aid"), 2 on the federal funds from the pure Federal programs (title 698 11, 683 11, 683 21, 713 21, 713 31, 713 32, 713 33 and 891 31 as well as the resources of the co-financed programme of title 662 11 of the economic plan of the Fund "Reconstruction aid") , 3 on the free State of Saxony the funds from the reserve title 893 01 of the economic plan of the Fund "Reconstruction aid".
Here, the distribution key laid down in the agreement between the Federal and State Governments by April 25, 2005 and the scheme to compensate for overtime and reducing requirements of federal and State are applicable. The agreement of 25 April 2005 is attached to this law as an attachment. More cross-border shifts on the after redeployment provided for in this law, are excluded. The liabilities are transferred to those, who established for the Fund. Balances accruing to the free State of Saxony, to use pursuant to paragraph 2.
(2) the assets temporary in paragraph 1 can be used according to § 2 para 1 to 3. Article 2, paragraph 1 apply to the use of those assets, para 2 sentence 1, paragraph 3 to 5 and article 3, paragraph 1 to 5 of the building help fund regulation of 24 June 2003 (Federal Law Gazette I p. 962) accordingly. The General Accounting Office may consider the proper use of the assets transferred to the countries.
(3) repayment including interest according to § 3 para 5 of the building help fund regulation initially allocated the respective programmes. Repayments can be redeployed in other programs, as long as there is still damage to cover are. No use is made of this possibility, set 7 is to process the redemption according to paragraph 1.
(4) the management of resources is carried out independently by the for the respective programs of relevant federal ministries and countries. The funds allocated to the federal ministries and not spent by the end of the year are transferable at covering the entire federal budget. The countries ensure the financing of their own and of the co-financed programmes.
(5) no later than at the end of the year 2010 not consumed by federal and State funds minus the still existing at this time claims of concerned are within a period of six months referred to in paragraph 2 to feed the free State of Saxony, to use. According to residual amounts resulting settlement of all liabilities are referred to in paragraph 2 to feed the free State of Saxony also to use.
(6) as far as resources by the free State of Saxony, not later than until the end of the year 2016 under paragraph 2 are consumed, these minus the still existing at this time demands of persons concerned according to the proportions of the payments to the Fund pursuant to § 4 until the end of the year 2017 are to reimburse the Federal and State Governments. No later than the end of the year 2020, will refund all unused funds according to sentence 1 on federal and State Governments.
Plant (for section 8 paragraph 1 sentence 4) supplementing the agreement between the Federal Republic of Germany, represented by Federal Ministry of finance, represented by State Secretary Gerd Ehlers, and the countries/free State Bavaria Brandenburg represented Mecklenburg-Western Pomerania Saxony Saxony-Anhalt, Schleswig-Holstein, Thuringia, Lower Saxony, Germany no. 1 and 2 by the relevant Secretary of State, about the establishment of uniform standards for determining the total damage and the percentage distribution of the resources of the Fund "Reconstruction aid" for action according to § 2 para 2 Development Assistance Fund Act on the countries affected by the floods of March 5 2003 § 1 section 2 overtime and reducing requirements of countries (1) was percentage distribution in section 2 of the agreement of 5 March 2003 the distribution key set on the basis of the demand until December 17, 2002 estimated as follows: (1) on the basis of the distribution key of § 1 para 1 the countries/free States of Lower Saxony and Saxony have additional requirements, the countries/free States of Bavaria, Brandenburg, Mecklenburg-Vorpommern, Saxony-Anhalt and Schleswig-Holstein reducing requirements determined.
Bavaria 2.56% Brandenburg 1.87%
(2) the countries/free States of Bavaria, Brandenburg, Mecklenburg-Western Pomerania, Saxony-Anhalt and Schleswig-Holstein are agreed, that will be reallocated to meet the multiple needs of the free State of Saxony and the State of Lower Saxony their minimum requirements in nominal amounts within the programs of the Fund "Reconstruction aid" and used less of the needs of the State of Lower Saxony half Fund measures of the free State of Saxony on the one hand and measures of the programme "Expenses for federal trunk roads" in the territory of the free State of Saxony. The free State of Thuringia submits his slight overhead for the purpose referred to in sentence 1.
Mecklenburg-Vorpommern 0.43% Lower Saxony 2.26% Saxony Saxony-Anhalt, 78,85% 13,34% Schleswig-Holstein 0.05% Thuringia 0.64%.
(2) previous allocations on the basis of this percentage distribution remain unaffected by this amendment of the agreement.
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