Regulation of the Federal Minister of Transport, Innovation and Technology, amending the Regulation on the overflight of the federal border (Boundary Crossing Regulation-GÜV)

Due to § 8 (2) of the Aviation Act, BGBl. No. 253/1957, in the version of the Federal Law BGBl. I n ° 108/2013, shall be assigned in agreement with the Federal Ministers for Home Affairs and Finance:

The Border Crossing Ordinance (GÜV), BGBl. No 249/1987, as last amended by the BGBl Regulation. No 103/1992, shall be amended as follows:

1. The promulgation clause is:

" On the basis of § 8 (2) of the Aviation Act, BGBl. No. 253/1957 in the version of the Federal Law BGBl. I n ° 108/2013, shall be assigned in agreement with the Federal Ministers for Home Affairs and Finance: "

2. In § 1 (1), the phrase "the Federal Office for Civil Aviation" through the phrase "the Austro Control GmbH" replaced.

(3) Section 1 shall not apply to paragraph 1 (a).

4. In § 2 (1), after the word "foreign" the word "civilian" , as well as the phrase "the Federal Office for Civil Aviation" through the phrase "the Austro Control GmbH" replaced. The second sentence of paragraph 1 shall be replaced by the sentence "This authorisation may only be granted with the agreement of the Federal Minister of the Interior." replaced.

5. In § 2 para. 2 lit. c is deleted after the word "Customs Authority" the phrase ", Air Force, Heer, Marine" .

6. The title to § 3 reads:

"Permits pursuant to Section 8 (2) of the Aviation Act"

7. The rate of introduction of Section 3 (1) reads as follows:

"Austro Control GmbH has to approve pursuant to Section 8 (2) of the Aviation Act:"

8. § 3 para. 1 lit. a is:

" (a)			at the request of the aerodrome holder, the aircraft holder or the organiser of an aviation event, that aircraft shall be based on a BGBl in § 2 para. 1 of the Aircraft Boundary Flood Regulation 2013 (F-GÜV 2013). II No 360/2013 in the applicable version, not mentioned airfield, immediately landing in the territory of the Federal Republic of Germany, or departing from such an airfield directly abroad if the compliance with the rules on the crossing of borders; "

9. In § 3 (1) (b), (c) and (d), the citation shall be "§ 10 para. 1 lit. c" through the citation "§ 10 para. 1 Z 3" , the citation "§ 10 para. 1 lit. a" through the citation "§ 10 para. 1 Z 1" as well as the citation "§ 10 para. 1 lit. b" through the citation "§ 10 para. 1 Z 2" replaced.

(10) The following paragraph 1a is inserted in § 3:

" (1a) The permits referred to in paragraph 1 shall be required only for direct flights to and from the territory of the territory of the territory of the Member States not belonging to the European Union and from and to States which do not belong to the European Union. , but not a contracting state pursuant to Section 1 (6) of the Border Control Act, BGBl. No 435/1996, in the version of the Federal Law BGBl. I n ° 68/2013. "

11. In § 3 (2), the word "Exemptions" by the word "Bewilligungen" replaced.

Article 3 (3) reads as follows:

" (3) The Austro Control GmbH has prior to the granting of authorisations in accordance with paragraph 1 lit. (a) to (c) the consent of the local Police Directorate and for direct flights to and from the territory of the Federal Republic of Germany, and excursions to and from States not members of the European Union, of the local customs office; , and shall immediately inform them of the granting of authorisations. "

13. In § 3 (4), the word "Exemptions" by the word "Bewilligungen" replaced.

14. The heading to § 4 reads:

"In-and out-of-power"

15. In § 4, the previous text receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) The promulgation clause, § 1 para. 1, § 2 para. 1, § 2 para. 2, § 3 para. 1, § 3 Abs 1a, § 3 para. 2, § 3 para. 3 and § 3 para. 4, as well as the transcripts of § 3 and § 4, as amended by the Ordination BGBl. II No 43/2014 shall enter into force with the day following the customer's presentation. Section 1 (1a), as amended, before the BGBl Regulation. II No 43/2014 shall not enter into force with the day following the presentation. '

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