Change Of The Eu - Police Cooperation Act (Eu-Polkg) And The Federal Act On The Establishment And Organization Of The Federal Office For Corruption Prevention And Fight Against Corruption

Original Language Title: Änderung des EU – Polizeikooperationsgesetzes (EU-PolKG) und des Bundesgesetzes über die Einrichtung und Organisation des Bundesamts zur Korruptionsprävention und Korruptionsbekämpfung

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65. Federal Act to amend the EU Police Cooperation Act (EU-PolKG) and the Federal Act on the Establization and Organization of the Federal Office for the Prevention of Corruption and Anti-Corruption

The National Council has decided:

Article 1

Amendment of the EU Police Cooperation Act

The EU Police Cooperation Act (EU-PolKG), BGBl. I n ° 132/2009, as last amended by the Federal Law BGBl. No 105/2010, shall be amended as follows:

1. § 33 (1) reads:

" (1) The Federal Minister of the Interior, as the client within the meaning of Section 4 of the German Data Protection Act (DSG 2000), shall carry out a central data application, the national Schengen Information System (N.SIS II), for the purpose of tender for persons and property. It has to provide these data to other Member States through the central Schengen Information System (central SIS II). It is authorised to identify calls for tenders issued by the competent authorities of other Member States by means of the central Schengen Information System and to continue to process and use the other data in the N.SIS II. "

2. In § 33 (7) the word order is deleted "from the security authorities" and the word shall be "this" by the word "Safety Authorities" replaced.

3. In § 34 (1) the word "Sirene Office" through the phrase "Federal Minister for Home Affairs by the Sirene Office" replaced.

4. In § 35 (1) the word order shall be "The security authorities are" through the phrase "The Federal Minister for Home Affairs is" and the phrase "to enter the Schengen Information System" through the phrase "to be processed in the Schengen Information System" replaced.

5. § 35 (4), first sentence reads:

"(4) In the event of an invitation to tender for the purpose of delivery or extradition detention, the authorities of the other Member States shall at least be made available as supplementary information (§ 34):"

6. In Section 35 (5), the phrase "has the issuing safety authority" by the word "is" replaced.

7. In Section 37 (1), the phrase "The security authorities are" through the phrase "The Federal Minister for Home Affairs is" replaced.

8. In Section 38 (1), the phrase "The security authorities are" through the phrase "The Federal Minister for Home Affairs is" and the phrase "to enter the Schengen Information System" by "to be processed in the Schengen Information System" replaced.

9. In § 39 (1), the word order shall be "The security authorities are" through the phrase "The Federal Minister for Home Affairs is" replaced.

10. In § 40 (1), the phrase "The security authorities are" through the phrase "The Federal Minister for Home Affairs is" and the phrase "to ensure or to provide evidence in criminal proceedings" through the phrase "either to ensure compliance with the security policy act or to ensure or provide evidence in criminal proceedings" replaced.

11. In § 40 (3), in the third sentence, after the word "Ensuring" the phrase "for the purpose of criminal proceedings" and in the last sentence after the phrase "aligns itself" the word "this case" inserted.

12. § 41, first sentence reads:

"The Federal Minister for Home Affairs has to check the Austrian calls for tenders entered into the Schengen Information System from persons at the latest every three years from their entry to the need for further storage."

13. In § 42 (1) the word shall be deleted "Safety Authorities" and becomes the phrase "of them self-made" by the word "Austrian" and the word "Perform" through the phrase "to be carried out" replaced.

14. In Section 42 (2), the word "Sirene offices" through the phrase "Federal Minister of the Interior (Sirene Offices of the Federal Criminal Police Office)" replaced.

Article 42 (3) reads as follows:

(3) If there are indications that doubts arise as to the unequivocal distinctness of persons who have been issued, the calls for tender concerned shall be supplemented by additional information. To this end, in so far as this is not a call for tenders initiated by the Federal Minister of the Interior, additional information shall be exchanged with the issuing body by the Sirene Office. "

16. § 42 (4), first sentence reads:

" (4) If there is the possibility that a person who is actually the subject of an invitation to tender may be confused with a person whose identity has been misused, the invitation to tender may, with the express consent of the person concerned, be subject to the invitation to tender. names, special immutable physical characteristics, date and place of birth, sex, photograph, fingerprints, nationality and data of identity documents. "

17. In § 46, the following paragraph 3 is added:

" (3) § § 33 (1) and (7), 34 (1), 35 (1), (4) and (5), 37 (1), 38 (1), 39 (1), 40 (1) and (3), (41) and (42) (1), (2), (3), (4), as amended by the Federal Law Gazette (BGBl). I No 65/2013 shall enter into force with the date fixed in the presentation by the Federal Minister of the Interior pursuant to Section 4 (3). "

Article 2

Amendment of the Federal Law on the Establization and Organization of the Federal Office for the Prevention of Corruption and Anti-Corruption

The Federal Act on the Establization and Organization of the Federal Office for the Prevention of Corruption and Anti-Corruption, BGBl. I n ° 72/2009, as last amended by the Federal Law BGBl. I n ° 13/2012, shall be amended as follows:

1. The title, short title and the abbreviation of this federal law are: