162. second regulation of the Federal Government over the powers of the persons delegated to the foreign deployment in the Central African Republic (2. EUFOR RCA Regulation)
On the basis of Article 6a par. 3 of the foreign usage Act 2001 (AuslEG 2001), Federal Law Gazette I no. 55, as last amended by Federal Law Gazette I no. 181/2013, in conjunction with § 2 par. 1 of the Federal Constitutional Act on cooperation and solidarity in sending units and individuals abroad (KSE-BVG), Federal Law Gazette I no. 38/1997 as amended by Federal Law Gazette I no. 35/1998 , is prescribed in consultation with the Policy Committee of the National Council:
§ 1. The tasks of foreign used according to § 1 Z 1 lit. a KSE-BVG in the Central African Republic in the framework of the EU operation (EUFOR RCA) RCA from the jurisdiction of the Federal Ministry for defence and sports outgoing people vary according to the resolution of the Security Council 2134 (2014) from 28 January 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 regulations underlying this overseas deployment. The tasks include in particular the
1. assistance in establishing a secure environment in the area of Bangui, in collaboration with international partners, 2 provide of a contribution in the area of Bangui, in particular to the protection of endangered civilians, b. to the creation of conditions for a safe return of internally displaced persons, c. to achieve the full commitment of the "international assistance mission in the Central African Republic under African leadership (AFISM-CAR)" powers and resources
§ 2 (1) which required data, in particular the data necessary for the identification of persons, may for the fulfilment of the tasks referred to in paragraph 1 be used and transmitted to those national and international agencies, the data are required for the fulfilment of their tasks. This authorization applies to sensitive data.
(2) each delegated bodies may obtain information by those persons, that is, they can give useful hints for the fulfilment of the tasks referred to in paragraph 1.
(3) to enforce the following powers, immediate coercive power may be applied by each outgoing organs insofar as it is necessary for the fulfilment of the tasks referred to in paragraph 1:
1. traffic management on land and in the air, especially with problems of security, as well as to the protection spaces required for the execution of the Insert, 2. monitoring and searches of persons, in particular within the provisional detention of persons and the implementation of in the context of the use of any other action needed, 3. provisional detention of persons, if there is sufficient reason to believe that the person has committed an offence or crime, or is committing , or that a danger for the fulfilment of tasks or otherwise assumes this person to be protected persons and property, 4. signposts of people a) to ward off a potential hazard to life or health or physical integrity by members of the EUFOR RCA and assets of legal interests to be protected EUFOR RCA or others in relation to the use or b) to the required measures other within the framework of use of , 5. establishment and protection of military and non-military security zones, 6 search and ensuring of things, a) of which, danger for EUFOR RCA or legal interests to protect others in the context of the use is, or b) as far as this to the required measures other within the framework of use of essential is, 7. termination by attacks, including other required measures against EUFOR RCA or legal interests protected others especially to in the context of the use , and 8.
Measures to protect and to ensure the EUFOR RCA or by others in the context of use in protecting legal interests, including measures necessary to prepare for this purpose.
(4) in the exercise and enforcement of individual powers is section 4 of the military authority Act (MBG), Federal Law Gazette I no. 86/2000, as last amended by Federal Law Gazette No. 181/2013, concerning the principle of proportionality to apply I. The special schemes in use according to § 18 paragraph 5 and article 19, par. 5 MBG may be applied to enforce the powers according to para 3 Z 1 to 8.
Expiry of legislation
§ 3. The regulation of the Federal Government over the powers of the persons delegated to the foreign deployment in the Central African Republic (EUFOR RCA Regulation), Federal Law Gazette II No. 36/2014, will override.
Faymann Spindelegger Hundstorfer Kurz of sands Mikl-Leitner Brandstetter Raj Klug Heinisch-Hosek Ostermayer Bures Mitterlehner Karmazin