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443. Ordinance of the Federal Government over the powers of the persons delegated to the foreign deployment in the South Central Mediterranean (EU NAVFOR MED operation SOPHIA - 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 South Central Mediterranean from the jurisdiction of the Federal Ministry for defence and sports outgoing people depend on the resolution of the Security Council 2240 (2015) of the 9 October 2015, as well as the decisions (CFSP) 2015/778 and (GASP) 2015/1926 of the Council on a military operation of the European Union in the South Central Mediterranean (EU NAVFOR MED operation SOPHIA) of the 18th may 2015 and 26 October 2015, as well as the other international regulations underlying this overseas deployment. These tasks include in particular: 1 the prevention of the smuggling of migrants and trafficking in human beings in, through, and from the territory of Libya and off its coast, which further undermine the stabilization process in Libya and endangering thousands of lives;
2. Libya's support to capacity-building, which it needs to secure its borders in particular and acts for the purpose of smuggling of migrants and human trafficking through its territory and its territorial waters to prevent, to investigate and to prosecute, with the aim of a further increase in the smuggling of migrants and trafficking in, through and from the territory of Libya and its coast, as well as the associated danger of human life to prevent.
Powers and resources
The required data, in particular the data necessary for the identification of persons, may 2 (1) for the fulfilment of the tasks according to § 1 processed and are 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 direct coercive power may be applied through each delegated bodies, as far as it is necessary for the fulfilment of the tasks referred to in paragraph 1: 1. checking and search 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, 2. provisional detention of persons, if there are reasonable grounds to believe, that these people who are suspected , People-smuggling and people-trafficking networks to operate or support or the conduct of the operation put at risk, 3 signposting people to implementation of measures within the framework of the Insert, 4. search, ensure and claiming things, especially of ships, as far as this is essential for the implementation of measures within the framework of the mission, 5. cessation of attacks, including other required measures against EU NAVFOR MED surgery SOPHIA or others in relation to the use of particularly to protecting legal interests , and 6.
Measures for protecting and ensuring the EU NAVFOR MED operation SOPHIA or any other part of the Insert to protective individuals and things.
(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 6.
Faymann Mitterlehner Ostermayer Kurz Hundstorfer Heinisch-Hosek Schelling o Mikl-Leitner Brandstetter Klug Raj sands
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