162. Second Regulation of the Federal Government on the powers of persons sent to the Central African Republic to be used abroad (2. EUFOR RCA Regulation)

On the basis of § 6a (3) of the German Federal Foreign Service Act 2001 (AuslEG 2001), BGBl. I n ° 55, as last amended by the Federal Law BGBl. I Nr. 181/2013, in conjunction with § 2 para. 1 of the Federal Constitutional Law on Cooperation and Solidarity in the Posting of Units and Individuals to Abroad (KSE-BVG), BGBl. I n ° 38/1997 in the version of the Federal Law BGBl. I n ° 35/1998, shall be assigned in agreement with the main Committee of the National Council:

Tasks

§ 1. The tasks of the foreign mission according to § 1 Z 1 lit. a KSE-BVG in the Central African Republic within the framework of the EU-Operation RCA (EUFOR RCA), which is the responsibility of the Federal Minister of Defence and Sport, is based on the resolution of the Security Council 2134 (2014) 28. Jänner 2014, the decisions of the Council of the European Union 2014 /73/CFSP of 10 February 2014 and 2014 /183/CFSP of 1 April 2014, as well as the other international legal provisions on which this international application is based. The tasks shall include in particular:

1.		helping to create a secure environment in the Bangui area, in cooperation with international partners,
2.		Performance of a contribution in the Bangui area above all
a.			on the protection of the threatened civilian population,
b.			on the creation of conditions for the safe return of internally displaced persons,
c.			on the achievement of the full readiness of the "International Assistance Mission in the Central African Republic under African Leadership (AFISM-CAR)"

Powers and resources

§ 2. (1) The data required for the performance of the tasks referred to in § 1, in particular the data necessary for the determination of identity of persons, may be used and transmitted to those national and international needs for the Task fulfillment the data is required. This authorisation shall also apply to sensitive data.

(2) The institutions sent in each case may obtain information from those persons from which it is to be assumed that they may provide relevant information for the performance of the tasks in accordance with § 1.

(3) In order to enforce the following powers, direct coercive power may be applied by the institutions sent in each case, in so far as it is necessary for the performance of the tasks referred to in § 1:

1.		Transport to land and in the air, in particular in the event of adverse effects on safety, as well as for the protection of the spaces required for the implementation of the operation;
2.		the control and screening of persons, in particular in the context of preliminary arrests of persons and the implementation of the other necessary measures in the context of the use of such persons;
3.		Provisional arrest of persons, if there are reasonable grounds for believing that the person has committed or is committing a crime or is in the process of committing, or that he/she is at risk for the fulfilment of the duties of the person or for the to persons and objects otherwise to be secured,
4.		Expulsion of persons
a)			to avert a potential danger to the life or health or physical integrity of EUFOR RCA or assets of EUFOR RCA or other legal goods to be protected in the context of the operation, or
b)			for the implementation of the other necessary measures in the context of the use,
5.		Establishment and protection of military and non-military security zones,
6.		Search and ensure things,
a)			of which there is a risk to EUFOR RCA or to other legal assets to be protected in the context of the operation, or
b)			in so far as it is essential for the implementation of the other necessary measures in the context of the use,
7.		Termination of attacks, including other necessary measures, against EUFOR RCA or any other legal goods that are particularly protective in the context of the deployment, and
8.		Measures to protect and secure EUFOR RCA or other legal goods to be protected, including the preparatory actions necessary for this purpose.

(4) In the exercise and enforcement of the individual powers, Section 4 of the Military Authorisation Act (MBG), BGBl. I n ° 86/2000, as last amended by the Federal Law BGBl. I No 181/2013, on the principle of proportionality. The special regulations in use pursuant to Section 18 (5) and § 19 (5) of the MBG may be applied in order to enforce the powers provided for in paragraphs 3 and 3 (1) to (8).

Expiry of legislation

§ 3. The Federal Government's Regulation on the powers of persons sent to the Central African Republic (EUFOR RCA) for foreign operations, BGBl. II No 36/2014, shall not enter into force.

Faymann Spindelegger Hundstorfer Kurz Stöger Mikl-Leitner Brandstetter Ruppory Klug Heinisch-Hosek Ostermayer Bures Mitterlehner Karmasin