Eu Navfor Med Operation Sophia - Regulation

Original Language Title: EU NAVFOR MED Operation SOPHIA – Verordnung

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443. Regulation of the Federal Government on the powers of persons sent to the southern central Mediterranean (EU NAVFOR MED Operation SOPHIA-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 southern central Mediterranean from the area of responsibility of the Federal Minister for National Defense and Sport (Bundesminister für Landesdefending und Sport) (Federal Minister for National Defense and Sport), according to the resolution of the Security Council 2240 (2015), 9. October 2015, as well as Decisions (CFSP) 2015/778 and (CFSP) 2015/1926 of the Council on a European Union military operation in the Southern Central Mediterranean (EU NAVFOR MED Operation SOPHIA) of 18 May 2015 and 26. October 2015, as well as the other international regulations on which this international application is based. These tasks shall include:

1.

the prevention of the smuggling of migrants and of trafficking in, through and out of the territory of Libya and off its coast, which further undermine the stabilisation process in Libya and endanger thousands of lives;

2.

supporting Libya in order to build capacity, in particular to secure its borders and to act for the purpose of smuggling migrants and trafficking in human beings through its territory and in its territorial waters; to investigate, investigate and prosecute, with the aim of further increasing the smuggling of migrants and of trafficking in, through and out of the territory of Libya and off its coast, as well as the related vulnerability of To prevent human life.

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 processed and transmitted to those national and international needs for their 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.

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;

2.

Provisional arrest of persons, if there are reasonable grounds for believing that these persons are suspected of operating or supporting human trafficking and human trafficking networks or the conduct of the operation at risk,

3.

the expulsion of persons for the implementation of the measures necessary for the implementation of the operation;

4.

Search, guarantee and use of property, in particular of ships, to the extent that this is essential for the implementation of the necessary measures in the context of the deployment,

5.

Termination of attacks, including any other necessary measures against EU NAVFOR MED Operation SOPHIA or other legal goods that are particularly protective in the context of the use, and

6.

Measures to protect and secure the EU NAVFOR MED Operation SOPHIA or others in the context of the use of persons and property to be protected.

(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 laid down in paragraphs 3 (1) to (6) of the Act.

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