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

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_65/BGBLA_2013_I_65.html

65. Federal law that modifies the EU police cooperation law (EU-PolKG) and the Federal Act on the establishment and organization of the Federal Office for corruption prevention and fight against corruption

The National Council has decided:

Article 1

Amendment to the EU police cooperation Act

The EU police cooperation law (EU-PolKG), Federal Law Gazette I no. 132/2009, as last amended by Federal Law Gazette I no. 105/2010, is amended as follows:

1. paragraph 33 section 1:

"(1) the Federal Minister for Home Affairs DSG leads as a contracting authority within the meaning of § 4 2000 for the purpose of the tender of people and objects a central data application, the national Schengen information system (N.SIS II)." He has this data other Member States by way of the central Schengen information system (Central SIS II) to make available. He is authorized to determine invitations to tender the competent authorities of other Member States in the way of the central Schengen information system and to handle II with the other data in the N.SIS and use."

2. in section 33, paragraph 7 eliminates the phrase "by the security authorities" and the word "this" replaces the word "Security agencies".

3. in article 34, paragraph 1, the word "Sirene Bureau" is replaced by the phrase "Federal Minister for Home Affairs in the way of the SIRENE bureaux".

4. in article 35, paragraph 1, the phrase "the security authorities are" by the phrase "Is the Federal Minister of the Interior" and the phrase "in the Schengen information system to enter" by the phrase "in the Schengen information system to process" will be replaced.

5. § 35 paragraph 4 first sentence reads:

"(4) in the case of an invitation to tender for the purpose of delivery or extradition arrest are available to the authorities of other Member States as additional information (sec. 34) at any rate:"

6. in article 35, paragraph 5 the phrase replaced "has the issuing security authority" by the word "is".

7. in article 37, paragraph 1 the phrase replaced "the security authorities are" "The Federal Minister of the Interior is" with the phrase.

8. in article 38, paragraph 1, the phrase "the security authorities are" by the phrase "Is the Federal Minister of the Interior" and the phrase "in the Schengen information system to enter" through "in the Schengen information system to process" will be replaced.

9. in article 39, paragraph 1 the phrase replaced "the security authorities are" "The Federal Minister of the Interior is" with the phrase.

10. in article 40, paragraph 1 the phrase replaced "the security authorities are" "Is the Federal Minister of the Interior" and the phrase "to ensure or to evidence in criminal proceedings" either by the phrase with the phrase "to ensure after the Security Police Act or to securing or evidence in criminal proceedings".

11. in article 40, paragraph 3, the phrase "for purposes of criminal proceedings" is in the third set after the word "Ensure" and in the last sentence after the phrase "the word of"this case"is" inserted.

12 first sentence is paragraph 41:

"The Federal Minister of the Interior has no more than every three years from their entry on the need for additional storage and to check the Austrian tenders by persons entered in the Schengen information system."

13. in article 42, paragraph 1 does not apply the word "Security agencies" and is the word sequence "themselves taken in" by the word "Austrian" and "perform" by the phrase "be carried" replaces the word.

14. in article 42, paragraph 2, the word "Sirene bureaux" is replaced by the phrase "Federal Minister for Home Affairs (SIRENE bureaux of the Federal Criminal Police Office)".

15 paragraph 42 para 3:

"(3) evidence, doubts about the unique distinctness of advertised people to come, the relevant tenders are considered so to supplement additional information. For this purpose are, as far as it is not a tender by the Federal Minister of the Interior, to share in the way of the SIRENE bureaux additional information with the issuing authority."

16 § 42 paragraph 4 first sentence reads:

"(4) the possibility that a person who is actually subject to an invitation to tender, are complemented with a person whose Identität was abused, confused the tender can names, with the express consent of the person concerned, special immutable physical characteristics, birth date and place, gender, photograph, fingerprint, nationality and data of identification documents."

17. in paragraph 46 the following paragraph 3 is added:

"(3) sections 33, subsections 1 and 7, 34 1, 35 par. 1, 4 and 5, 37 para 1, 38 par. 1, 39 paragraph 1, 40 para 1 and 3, 41 and 42 para 1, 2, 3, 4 as amended by Federal Law Gazette I no. 65/2013 at the time set out in the by-laws of the Federal Minister of the Interior according to § 4 para 3 into force."

Article 2

Amendment of the Federal Act on the establishment and organization of the Federal Office for corruption prevention and fight against corruption

The Federal Act on the establishment and organisation of the Federal Department for the corruption prevention and combating corruption, Federal Law Gazette I no. 72/2009, last amended by Federal Law Gazette I no. 13/2012, is amended as follows:

1. the title, short title and the abbreviation of this Federal Act are: