Law On The Establishment Of A Fund "reconstruction Aid"

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

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Law establishing a fund "Building aid" (Building Aid Law-AufhFG)

Non-official table of contents

AufhFG

Date of expend: 19.09.2002

Full quote:

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

:Last modified by Art. 6 G v. 23.5.2011 I 920

For details, see Notes

Footnote

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



The G was defined as Article 5 of the G 610-6-14/1 v. 19.9.2002 I 3651 of the Bundestag, with the consent of the Bundesrat, decided. 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 Non-official table of contents

§ 1 Establishment of the fund

A national solidarity fund shall be established "Building aid" is built as a special fund of the federal government. Non-official table of contents

§ 2 Purpose and use of the fund

(1) The Fund is used to provide assistance in the floods of August 2002. affected countries for the elimination of flood damage and for the reconstruction of the devastated regions.(2) Measures
1.
shall be taken from the funds of the Fund to the extent that they are affected by private households and companies, where: do not provide insurance or other third party compensation,
2.
to restore the infrastructure of the affected countries and municipalities,
3.
to restore the federal infrastructure
.(3) In the distribution of the funds and the granting of aid, account should be taken of the different damage caused by the persons concerned.(4) The Fund shall make available to the countries affected by the floods an amount of EUR 3.593 billion in a lump sum for use within the framework of the purpose limitation.(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, in so far as they do not deviate from the provisions of other laws or in the legal regulation adopted under this Act. Regulations are in place.(6) The Federal Government is authorized, with the consent of the Federal Council, to adopt a decree law, in particular for the regulation of the distribution of funds and for the closer implementation. Non-official table of contents

§ 3 Position on legal traffic

(1) The fund is not legally capable of acting under its name in legal transactions, shall be sued and sued. 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 shall 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. Non-official table of contents

§ 4 Assets of the fund and funding

(1) The funding of the fund is carried out in joint responsibility by contributions from the federal budget and the respective budgets of the countries.(2) The Federal Government has a total contribution of EUR 3.507 billion; the total contribution of the countries is 2.774 billion euros.(3) The contribution of the countries referred to in paragraph 2 shall be as follows:
Baden-Wuerttemberg348.000.000 Euro,
Bayern405.000.000 Euro,
Berlin152.000.000 Euro,
Brandenburg88.000.000 Euro,
Bremen 29.000.000 Euro,
Hamburg78.000.000 Euro,
Hessen 205.000.000 Euro,
Mecklenburg-Vorpommern58.000.000 Euro,
Lower Saxony259.000.000 Euro,
Nordrhein-Westfalen581,000.000 Euro,
Rhineland-Palatinate130.000.000 Euro,
Saarland36.000.000 Euro,
Sachsen148.000.000 Euro,
Sachsen-Anhalt 87.000.000 Euro,
Schleswig-Holstein89.000.000 Euro,
Thüringen 81,000,000 euros.
(4) The federal and state governments will transfer to the Fund in 2003 the annual amounts set in paragraphs 2 and 3, each with one twelfth at the end of each month. The payments by the countries referred to in the first sentence shall be suspended as long as and in so far 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) exceed the amounts to be paid by the Member States in accordance with the first sentence of this Article. 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 refunds may be booked with effect for the 2002 financial year.(5) The liquidity of the Fund shall be ensured by the Federal Government. Non-official table of contents

§ 5 Economic plan

All revenue and expenditure of the fund is estimated in an economic plan. The economic plan shall be in balance in revenue and expenditure. Non-official table of contents

§ 6 Annual accounts

At the end of the accounting year, the Federal Minister of Finance sets the annual accounts for the fund and appends it as an annex to the federal budget accounts. Non-official table of contents

§ 7 Administrative costs

The cost of managing the fund is borne by the federal government. Non-official table of contents

§ 8 Resolution of the fund and subsequent use of funds

(1) The fund will 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 to the Federal Government and the Länder as part-creditors as follows:
1.
on the countries the flat-rate funds (titles 612 01 and 882 01 of the fund's economic plan "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.
on the Federal Government the funds from the pure federal programmes (Title 698 11, 683 11, 683 21, 713 21, 713 31, 713 32, 713 33) and 891 31, as well as the co-financed programme of Title 662 11 of the Economic Plan of the Fund "Building aid"),
3.
on the Free State of Saxony, the funds from the Reserve title 893 01 of the economic plan of the Fund "Building aid".
Here you find the agreement between the federal government and the countries of the 25. The distribution key and the scheme to compensate for the increased and lower requirements of the Federal Government and the Länder shall be applied in April 2005. The agreement of 25 This Act is annexed to this Act in April 2005. 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. Residual 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 Ordinance on the Auxiliary Provisions of the German Auxiliary Request for Auxiliary Financial Services (§ 2) apply to June 2003 (BGBl. 962). The Federal Court of Auditors may examine the proper use of the assets transferred to the countries.(3) Repayments, including interest, in accordance with § 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. Where 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 is carried out by the federal departments and countries responsible for the respective programmes. The funds allocated to the federal ministries and not consumed by the end of the year are transferable from the entire federal budget. The countries ensure the financing of their own and the co-financed programmes.(5) By the end of 2010 at the latest, the funds not consumed by the federal and state governments minus the claims still existing at that date shall be subject to the Free State of Saxony for use within a period of six months. Paragraph 2. 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 are not consumed by the Free State of Saxony at the latest by the end of the year 2016 in accordance with paragraph 2, these shall be affected by the claims made at that date in accordance with the shares in the deposits in the to reimburse the Fund according to § 4 until the end of 2017 to the Federal Government and the Länder. 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

asset (to § 8 para. 1 sentence 4)

Supplement to the agreement
between
Federal Republic of Germany,
represented by Federal Ministry of Finance,
represented by State Secretary Gerd Ehlers,
and the countries/free states
Bavaria
Brandenburg
Mecklenburg-Vorpommern
Niedersachsen
Sachsen
Sachsen-Anhalt 
Schleswig-Holstein
Thüringen,
represented by the relevant secretary of state,
 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) Law on Aid to the countries affected by the floods of 5. March 2003

§ 1 § 2
Percentage distributionMore and less needs of the Countries
(1) In § 2 of the agreement of 5. March 2003, the distribution key was established on the basis of up to 17. December 2002, as follows:(1) Starting from the distribution key of Section 1 (1), the Countries/Free States of Lower Saxony and Saxony Multidemand, the Länder/Free States of Bavaria, Brandenburg, Mecklenburg-Western Pomerania, Saxony-Anhalt and Schleswig-Holstein Minor needs noted.
Bayern2.56%
Brandenburg1,87 %(2) The Länder/Free States of Bavaria, Brandenburg, Mecklenburg-Western Pomerania, Saxony-Anhalt and Schleswig-Holstein are thus agree that, in order to meet the additional needs of the Free State of Saxony and the State of Lower Saxony, their reduction in nominal amounts will be relayed within the programmes of the Fund "Building aid" and less the needs of the country Lower Saxony is used for half of the funds measures of the Free State of Saxony on the one hand and for measures of the programme "expenses for federal highways" 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 mentioned in sentence 1.
Mecklenburg-Vorpommern0.43 %
Lower Saxony2.26%
Saxony78.85%
Sachsen-Anhalt 13, 34%
Schleswig-Holstein0.05%
Thüringen0.64%.

(2) Previous funding allocations based on this percentage distribution remain unaffected by this addition to the agreement.