Safety Control Act 2013 - Skg 2013

Original Language Title: Sicherheitskontrollgesetz 2013 – SKG 2013

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42. Federal law on the establishment of a security control system, the safeguarding of nuclear materials and installations and on export control to ensure the peaceful use of nuclear energy (security control law 2013-SKG 2013)

The National Council has decided:

table of contents

Article I
(constitutional provision)

Article II
Section 1

Definitions and scope

§ 1.

Definitions

§ 2.

Scope

Section 2
Security Control

§ 3.

Purpose

§ 4.

Authority

§ 5.

Information and reporting requirements

§ 6.

Audits by the IAEA

Section 3
Securing core material and equipment

§ 7.

Permit requirement

§ 8.

Security and coercive measures

Section 4
Export control

§ 9.

Permit requirement

§ 10.

Special approval requirements for transit and placement

§ 11.

Reporting requirements for mediation

§ 12.

Approval requirements

§ 13.

End Use

§ 14.

Nullity of legal transactions

§ 15.

General provisions concerning applications, notifications and authorisations

§ 16.

Revocation of authorisation and subsequent conditions

§ 17.

Delivery in special cases

§ 18.

Cooperation with the Federal Minister for Finance

§ 19.

International cooperation

Section 5
Common rules for security and export control

§ 20.

Observation and advice of the market

§ 21.

Monitoring

§ 22.

Recording and retention obligations

§ 23.

Internal safeguards

§ 24.

Responsible officers

6.
Criminal provisions

§ 25.

Ensure

§ 26.

Administrative penalty provisions

Section 7
Final provisions

§ 27.

Proof of customs clearance

§ 28.

Relationship to other federal laws

§ 29.

Linguistic equality

§ 30.

Entry into force and transitional provision

§ 31.

Notification of notification

§ 32.

Enforcement clause

Article I
(constitutional provision)

(1) The dismissal, amendment and repeal of rules, such as those in Art. II, as well as the enforcement of these provisions, are also applicable to those matters concerning the Federal Republic of Germany, with regard to which the B-VG provides otherwise. The matters governed by these rules may be directly concerned by federal authorities.

(2) This article shall enter into force on 1 March 2013. Article I of the Security Control Act 1991, BGBl. No 415/1992, shall not enter into force with the entry into force of this Article.

(3) The Federal Government is responsible for the enforcement of this Article.

Article II

Section 1

Definitions and scope

Definitions

§ 1. (1) In the sense of this Federal Act:

1.

"Nuclear Non-Proliferation Treaty": the Treaty on the Non-Proliferation of Nuclear Weapons, BGBl. No 258/1970;

2.

"security control agreement" means the Agreement 78 /164/Euratom between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of the Netherlands, the Kingdom of the Netherlands, the Kingdom of the Netherlands, European Atomic Energy Community and the International Atomic Energy Agency in the implementation of Article III (1) and (4) of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), OJ L 327, 28. No. OJ L 51 of 22.02. 1978 p. 1;

3.

"Additional Protocol": the Additional Protocol to the Agreement between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Finland, the Hellenic Republic, Ireland, the Italian Republic, the Grand Duchy of the Republic of Germany, the Republic of Finland, the Republic of Finland, the Republic of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Kingdom of Sweden, the Kingdom of Spain, the European Atomic Energy Community and the International Atomic Energy Agency in the implementation of Articles III (1) and (4) of the Treaty on the Non-Proliferation of Nuclear weapons including plants, BGBl. III No 70/2007;

4.

"directly applicable law of the European Union":

a)

the directly applicable provisions of Chapter VII of the EAEC Treaty and the directly applicable acts of the European Atomic Energy Community established thereon,

b)

directly applicable acts of the European Union for the control of trade in goods which, in addition to possible civil uses, can also be used for military purposes; and

c)

acts of the European Union which are directly applicable and which lay down restrictive measures, provided that they relate to goods within the meaning of Z 17;

5.

"IAEA" means the International Atomic Energy Agency;

6.

"starting material" means uranium containing the isotope composition occurring in nature; uranium with reduced content at the isotope 235; thorium; any of the abovementioned substances in the form of metals, alloys, chemical compounds or concentrates;

7.

"special fissile material" means plutonium 239; uranium 233; uranium enriched with isotopes 235 or 233; any material containing one or more of the aforementioned substances, according to the statutes of the International Atomic Energy Agency, BGBl. No 216/1957; however, the term 'special fissile material' does not include 'starting material';

8.

"uranium enriched with the isotopes 235 or 233" means uranium, in which the ratio of the sum of the isotopes 235 and 233 to the isotope 238 is greater than the ratio occurring in nature;

9.

"nuclear material" means a source material or a special fissile material;

10.

"highly enriched uranium" means uranium containing at least 20 per cent of the isotope of uranium 235;

11.

"Asset":

a)

a reactor, a critical arrangement, a conversion plant, a fuel-generating plant, a reprocessing plant, an isotope separation plant or a separate storage facility,

b)

a place where nuclear material is normally used in quantities exceeding an effective kilogram, or

c)

a place where nuclear material is normally used in quantities of not more than one effective kilogram;

12.

"effective kilogram" means a special unit used in the security control in accordance with Art. 2 Z 13 of Regulation (Euratom) No 302/2005 on the application of the Euratom safeguards, OJ L 327, 31.12.2005, p. No. OJ L 54 of 28.02. 2005 p. 1;

13.

"out-of-service facility" means a plant in which the holding has been stopped and the nuclear material removed, but which has not been shut down;

14.

"set-aside" means an installation in which the residual structures and equipment essential for use have been removed or rendered inoperative, so that the installation is not used for storage and no longer for the purposes of the handling, processing or use of nuclear materials can be used;

15.

"location" means the spatial area of which the IAEA has been notified in respect of the relevant investment data for an installation or a system other than the holding; the location shall also include all the facilities in the immediate vicinity of the site; Located adjacent to the facility and intended for the provision or use of essential services, including:

a)

hot cells for processing irradiated material which does not contain any nuclear material,

b)

Facilities for the treatment, intermediate and final disposal of waste, and

c)

buildings for activities within the meaning of Annex I to the Additional Protocol;

16.

"Research and development work in the field of the nuclear fuel cycle": activities other than those referred to in paragraph 2, with a specific reference to a part of the process or system development for one of the following activities or installations:

a)

Conversion of nuclear materials,

b)

Enrichment of nuclear material,

c)

Manufacture of nuclear fuel,

d)

Reactors,

e)

critical arrangements,

f)

Reprocessing of nuclear fuel,

g)

Preparation of medium-or highly active waste containing plutonium, highly enriched uranium or uranium 233, but not repackaging or conditioning without element separation for intermediate or final storage;

17.

"Goods":

a)

the goods of category 0 of Annex I to Regulation (EC) No 428/2009 establishing a Community regime for the control of exports, transfer, broking and transit of dual-use items, OJ L 327, 30.4.2009, p. No. OJ L 134 of 29.05. 2009 p. 1, and

b)

not in lit. (a) equipment, material or technology which are specially designed or prepared for the processing, use or production of special fissile materials and are subject to a control pursuant to a Regulation in accordance with § 9;

18.

"Equipment or materials":

a)

the goods of the genera 0A and 0B and of the genus 0C from the date of identification 0C003 of Annex I to Regulation (EC) No 428/2009; and

b)

not in lit. (a) equipment or material which is specially designed or prepared for the work-up, use or production of special fissile materials and which is subject to a control pursuant to a regulation in accordance with § 9;

19.

"Technology": technical knowledge within the meaning of Section 1 (1) (1) (3) of the German Foreign Trade Act 2011 (outside WG 2011), Federal Law Gazette (BGBl). I n ° 26, which refers to nuclear material in the sense of Z 9, or to equipment or material within the meaning of Z 18.

(2) Not covered by paragraph 1 Z 16 are activities related to theoretical or basic research or with research and development work on

1.

industrial applications for radioisotopes;

2.

medical, hydrological and agricultural applications;

3.

the impact on health and the environment, or

4.

better maintenance.

(3) For the terms "customs territory of the European Union", "other EU Member State", "third country", "person or society", "export", "exporter", "transit", "transit responsible", "mediation between third countries", "mediator" and "Shipment within the European Union" shall be subject to the definitions in Section 1 (1) Z 6, 7, 8, 9, 11, 12, 13, 14, 15, 17 and 18 of the 2011 external WG.

Scope

§ 2. This federal law is subject to transactions relating to goods within the meaning of Section 1 (1) (1) (17).

Section 2

Security Control

Purpose

§ 3. The purpose of the security control is to ensure the use of nuclear energy for exclusively peaceful purposes in the implementation of the obligations undertaken by Austria under the Non-Proliferation Treaty, the Security Control Agreement and the Additional protocol.

Authority

§ 4. (1) The Authority within the meaning of this Section and the Authority within the meaning of Chapter VII of the EAEC Treaty shall be the Federal Minister for Economic Affairs, Family and Youth.

(2) A copy of each communication to the European Commission in accordance with the directly applicable law of the European Union within the meaning of Article 1 (1) (4) (4) (lit). a is to be transmitted to the Authority.

Information and reporting requirements

§ 5. (1) Those who carry out research and development work in the field of the nuclear fuel cycle within the meaning of Article 1 (1) (1) (16) without the use of nuclear material shall have an initial notification to the Authority within 90 days of the commence of the work. . In any case, this has to contain a general description and location of the work. An update of this initial notification or an indication that no change has occurred has to be made by 1 March for the previous calendar year.

(2) In the event of a request by the IAEA pursuant to Art. 2 Section a Z ii of the Additional Protocol, the Authority may, in so far as it is not already authorized to do so already pursuant to Article 21 (1), the owner or holder of a plant within the meaning of Article 1 (1) (Z) (c) of the Additional Protocol. 11 require the reports to be submitted to the request and set a reasonable time limit for the submission of such reports.

(3) The owner or holder of an installation within the meaning of Section 1 (1) (11) of the Annex shall, within 60 days of the request, submit to the Authority an initial notification of the site within the meaning of Section 1 (1) (1) (15) of the Annex. In any event, the notification shall contain a general description of each building at the site, including its use and its contents, as well as a plan of the site. An update of this initial notification or an indication that no change has occurred has to be made by 1 March for the previous calendar year. The obligation shall also apply to installations taken out of service within the meaning of Section 1 (1) (1) (13), provided that such installations have acted in the past in order to:

1.

an installation according to § 1 para. 1 Z 11 lit. a or b or

2.

an installation according to § 1 (1) Z 11 lit. c, in which hot cells are present or activities related to conversion, enrichment, fuel production or reprocessing have been carried out.

(4) Those who carry out activities within the meaning of Annex I to the Additional Protocol shall be without prejudice to the provisions of the fourth paragraph of this Article. To report the section of this Federal Law within 90 days of taking up these activities, with a description of the extent and location of such activities. An update of this initial notification or an indication that no change has occurred has to be made by 1 March for the previous calendar year.

(5) Anyone who stores medium or highly active waste with shares in plutonium, highly enriched uranium or uranium 233 shall, in so far as it is not already obliged to do so by virtue of the directly applicable law of the European Union, have the place of storage within 90 days of the arrival of the first waste as well as any alteration of the place of storage within 90 days.

(6) Anyone who carries out goods within the meaning of Article 1 (1) (1) (17), also referred to in Annex II to the Additional Protocol, or spends them in another EU Member State shall, without prejudice to the provisions of the provisions of the fourth paragraph of this Article, be required to: Section of this Federal Law, the export or shipment no later than 30 days after the end of the quarter in which the export or shipment has been effected, indicating the identity, quantity, location of the intended use and export or Date of movement or expected export or shipment date.

(7) If the goods referred to in paragraph 6 are imported or transferred from another EU Member State to the territory of the Federal Republic of Germany, the Authority shall, at the latest 30 days after the end of the quarter in which the shipment has been carried out, be subject to the import or transfer, at the latest Indication of identity, quantity, location of the intended use and import or transfer date or expected import or transfer date.

(8) If there are reasonable grounds for suspicion in accordance with Art. 2 Section b Z ii of the Additional Protocol, that activities carried out outside a site within the meaning of Section 1 (1) (1) Z 15 are carried out in connection with the activities at one site. , the Authority shall, without prejudice to Article 21 (1), request a general description of those activities by the person or company carrying out those activities and set a reasonable time limit for the submission of such activities.

(9) Data reported in accordance with paragraphs 1 to 8 shall be treated confidentially and may only be used for the purposes of the enforcement of this federal law, as well as the enforcement of criminal and financial provisions. The content of the notifications and information referred to in paragraphs 1 to 8 may be passed on to the IAEA and to the institutions of the European Union.

Audits by the IAEA

§ 6. (1) In the case of verifications carried out on the orders of the IAEA in accordance with the provisions of the Security Control Agreement or the Additional Protocol, the IAEA inspectors shall, within the scope of their audit mandate, be subject to the rights described in section 21 (2). , and the owner, farmer or his representative shall have the obligations laid down in Article 21 (6).

(2) The verifications referred to in paragraph 1 may concern the following locations:

1.

places with nuclear material;

2.

Installations within the meaning of Section 1 (1) (11), even before the completion and before the introduction of nuclear material;

3.

equipment taken out of service within the meaning of section 1 (1) (13);

4.

Shut-down installations within the meaning of Article 1 (1) (14);

5.

any part of a site within the meaning of Article 1 (1) (1) (15);

6.

places according to § 5 (1), (4), (7) and (8);

7.

other places designated by the Authority in accordance with Article 5 (c) of the Additional Protocol for the collection of site-specific environmental samples;

8.

the places referred to in Z 1 to 7 which are designated by the Authority in accordance with Article 9 of the Additional Protocol for the large-scale extraction of environmental samples;

9.

Other than those mentioned in Z 1 to 8 where the IAEA is granted access by the Authority, or to which the IAEA performs a review at the request of the Authority.

(3) The Authority may, in agreement with the Federal Minister for European and International Affairs, grant access within the meaning of paragraph 2 (2) (9) or request a review within the meaning of paragraph 2 (2) (9) if this is used to monitor the Compliance with the obligations arising out of the security control agreement or the additional protocol is required.

(4) The verifications referred to in paragraph 1 shall be carried out in such a way that:

1.

, as far as possible, no interference in the normal operation

2.

the economic viability and operational safety of installations or activities in the context of the peaceful use of nuclear energy is not affected; and

3.

the protection of valuable technical knowledge and other trade secrets is ensured.

(5) The Authority shall, in the case of the verifications referred to in paragraph 1, ensure compliance with the provisions of the Security Control Agreement, the Additional Protocol and the provisions of this Federal Law. At least one representative of the Authority shall be present for the whole duration of the IAEA review, including, if necessary, the presence of appropriate experts.

Section 3

Securing core material and equipment

Permit requirement

§ 7. (1) The handling of the meaning of § 2 para. 45 Z 2 of the Radiation Protection Act, BGBl. No 227/1969, with nuclear material within the meaning of Article 1 (1) (Z) 9, without prejudice to an authorization pursuant to § § 5 to 8 or 10 of the Radiation Protection Act, a permit by the Federal Minister of the Interior, with the protective measures against access or Intrusion of unauthorised third parties.

(2) No approval pursuant to paragraph 1 shall be required

1.

the handling of the starting material within the meaning of § 1 (1) Z 6, which is outside of installations within the meaning of § 1 (1) Z 11 or in installations within the meaning of Section 1 (1) (1) Z 11 lit. c is used;

2.

the handling of the smallest quantities of nuclear material as used in particular for calibration purposes, these quantities being provided by the Regulation of the Federal Minister of the Interior in agreement with the Federal Minister for Agriculture, Forestry and the Environment and water management, and

3.

the handling of nuclear materials, in so far as such material is subject to authorisation in accordance with international and national rules on the transport of dangerous goods.

(3) In the notification of approval pursuant to paragraph 1, which is to be adopted after hearing the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the measures in terms of personnel, organisation and technology are subject to conditions and conditions. to prescribe nature, depending on the type of equipment and nature and quantity of the core material used, in order to:

1.

to protect the nuclear material against theft or any other illegal appropriation;

2.

to protect the nuclear material and the facilities for dealing with it from acts of sabotage; and

3.

to ensure that

a)

the internal and external security of Austria is respected,

b)

comply with the obligations under international law adopted by Austria; and

c)

the protection of persons, foreign property or other important legal goods is secured.

(4) The approval pursuant to paragraph 1 may only be granted under the condition that all persons who have unaccompanied handling of nuclear material are subject to a security review in accordance with § § 55 to 55b of the Security Police Act, BGBl. No 566/1991.

(5) The permit referred to in paragraph 1 may be temporary for the duration of the transfer.

(6) The application for the grant of an authorisation in accordance with paragraph 1 shall be accompanied by the documents required for the assessment of the application for authorisation, in particular a safety analysis of the

1.

Presentation of the intended handling and its scope;

2.

Representation of the security status, indicating the general and specific protection objectives underlying the security concept;

3.

Indication of safety-relevant results of the safety status analysis and event flow analysis and the consequences derived therefrom for the security concept;

4.

Establishment of measures to ensure the safeguarding and compliance with the conditions set out in paragraph 3.

In addition, the Authority shall be required to appoint a security officer and the required number of deputites, which must be accessible at any time and which shall be required to comply with the conditions and conditions laid down in the communication. are responsible.

(7) If this is necessary for reasons of security policy or according to the state of the art, the Federal Minister of the Interior may also, after a final grant of the authorisation, under the possible protection of acquired rights, others or enroll additional requirements with a communication.

(8) The verification of compliance with the conditions, conditions and limits prescribed in the communication is the responsibility of the security authorities. For this purpose, the equipment and means of transport to be checked may enter, the prescribed technical equipment shall be checked for their functionality, and it may be seen in all cases relating to the communication Documents are to be taken.

Security and coercive measures

§ 8. (1) In the event that a review pursuant to § 7 (8) provides that an obligation under § 7 is not exercised, the security authority shall have the holder of the nuclear material or operator of the installation, irrespective of the initiation of criminal proceedings. to prescribe those measures which are necessary for the manufacture of the state of law in accordance with the legal order. These measures may include the complete or partial closure of the holding or the prohibition of the handling of nuclear material.

(2) In the event of an imminent danger to the life or health of humans, the safety authority may, if possible after the agreement of the security officer or a person entitled to dispose of it, even without prior procedure and shall take measures to stop illegal activities before the date of the adoption of a decision. These measures may include the seizure of nuclear materials, equipment and means of transport in place. A written communication shall be issued within two weeks, if the measure taken is deemed to be repealed. The decision shall be deemed to have been issued even if, according to § 19 of the Delivery Act, BGBl. No 200/1982, due to inadequacy with the safety authority.

(3) The shields referred to in paragraphs 1 and 2 shall be enforceable immediately. If they are not short-term, they shall expire at the end of one year from the date of their legal force, except for their effectiveness.

(4) The Federal Minister of the Interior shall immediately inform the Federal Minister for Agriculture, Forestry, the Environment and Water Management of the cases issued pursuant to paragraphs 1 and 2.

Section 4

Export control

Permit requirement

§ 9. (1) Insofar as an authorisation is not already based on the directly applicable law of the European Union within the meaning of Article 1 (1) (1) (4) (4). b is required, the Federal Minister for Economic Affairs, Family and Youth has to establish an authorisation requirement for the export, transit or mediation between third countries of goods within the meaning of Article 1 (1) (1) (17) if this is necessary

1.

on the fulfilment of international obligations in the field of nuclear arms control and non-proliferation, in particular obligations for the implementation of the Non-Proliferation Treaty; or

2.

in the interest of Austria's internal and external security.

(2) Under the conditions laid down in paragraph 1 and in Article 22 (2) of Regulation (EC) No 428/2009, the Federal Minister for Economic Affairs, Family and Youth has issued a regulation which provides for an authorisation for the transfer within the European Union of To determine the goods within the meaning of Section 1 (1) (17).

(3) Regulations referred to in paragraph 1 shall be adopted in agreement with the Federal Minister for European and International Affairs, in so far as international legal obligations or foreign policy interests of the Republic of Austria are concerned; and , in agreement with the Federal Minister for Finance, as far as customs matters are concerned.

Special approval requirements for transit and placement

§ 10. (1) Insofar as the Federal Minister for Economic Affairs, Family and Youth is aware that goods within the meaning of Section 1 (1) (17), the transit of goods or mediation between third countries, are intended to be used in whole or in part for use in connection with the Development, manufacture, handling, operation, maintenance, storage, location, identification or distribution of nuclear weapons or other nuclear explosive devices, or for the development, manufacture, maintenance or storage of Aircraft for such weapons may be or may be intended for such weapons, he shall In the case of a transit officer or a mediator, within three working days, it must be informed that the transaction is subject to an authorisation requirement under the direct applicable law of the European Union within the meaning of Article 1 (1) (1) (4) (4) (lit). b exists.

(2) All Federal Ministers have the power to collect data on the nature, nature, quantity, value, origin, origin, destination, destination and transport routes of the Federal Minister for Economic Affairs, Family and Youth on matters relating to the facts referred to in paragraph 1 above. to communicate the persons directly or indirectly involved in the operation, which have become known to the Federal Ministers and the authorities which have been notified to them. The data provided in this way may be used exclusively for the purposes of the enforcement of this Federal Act and of the directly applicable law of the European Union within the meaning of Section 1 (1) (1) (4).

(3) The Federal Minister of Finance shall be notified without delay of the existence of the permit requirement in accordance with paragraph 1. This understanding shall have all the data necessary for the monitoring of compliance by the customs authorities with the persons or undertakings concerned, on the goods concerned, on the country of destination and on the intended Receiver to contain.

Reporting requirements for mediation

§ 11. (1) Persons or companies intending to mediate goods within the meaning of Article 1 (1) (1) (17) between third countries shall report this to the Federal Minister for Economic Affairs, Family and Youth if they are aware of, or if they have reasonable suspicion. Have the goods, in whole or in part, for use in connection with the development, manufacture, handling, operation, maintenance, storage, location, identification or dissemination of nuclear weapons or any other Nuclear explosive devices or for the development, production, maintenance or storage of missiles may be or may be intended for such weapons.

(2) A notification as referred to in paragraph 1 shall contain in particular:

1.

a description of the goods, including the indication of the position in category 0 of the list in Annex I to Regulation (EC) No 428/2009;

2.

the name and address of the intended recipient;

3.

the name and address of the designated end-user when it is known;

4.

the name and address of the supplier; and

5.

the known purpose of use or the indication of the circumstances which have led to the reasonable suspicion.

(3) In the event of a substantiated suspicion, a notification shall be sent to a document proving the end use within the meaning of section 13 (1) of the last sentence.

Approval requirements

§ 12. (1) A permit based on directly applicable law of the European Union within the meaning of Article 1 (1) (4) (b) (b), pursuant to a regulation pursuant to § 9 (1) or (2) or in accordance with § 10, shall be granted if:

1.

compliance with the criteria set out in § § 4 to 12 of the 2011 External WG is guaranteed and

2.

all the conditions laid down in paragraph 3 are met.

(2) In the case of the examination of the conditions referred to in paragraph 1 (1) above, the provisions of Section 3 of the 2011 external WG shall be carried out, in particular those referred to in § 54 of the 2011 external WG. It shall also be taken into account the extent to which the applicant has taken measures within the meaning of Article 23.

(3) An authorisation within the meaning of paragraph 1 may only be granted if it is guaranteed that:

1.

the goods delivered in the country of destination are used only for peaceful purposes and not for a nuclear explosive device;

2.

the supplied nuclear material or the nuclear material used or manufactured with the aid of the supplied goods in the country of destination of the IAEA security control shall be covered by a cover covering the entire territory of the country of destination the IAEA is subject to a security control agreement or other adequate security control within the meaning of paragraph 4;

3.

the nuclear material used in other installations in the country of destination shall also be subject to the security control referred to in Z 2, if such equipment is constructed with the aid of the knowledge acquired by the supply of goods ,

4.

the nuclear material and the related nuclear facilities in the country of destination are subject to safeguards which are comparable to measures within the meaning of Article 7 (3); and

5.

in the country of destination, any export of the goods delivered to a third country shall be permitted only if that third country fulfils the conditions set out in Z 1 to 4.

(4) Another security check of the IAEA within the meaning of paragraph 3 Z 2 shall be considered sufficient if it is based on a security control agreement corresponding to the system and exercise of the IAEA, which provides for the diversion of nuclear material for non- with a high probability of exclusion, in particular for nuclear weapons or other nuclear explosive devices, and the delivery in accordance with international mechanisms for the control of nuclear transfers.

(5) A security check as referred to in paragraph 3 Z 2 shall remain in force as long as the core material supplied or the nuclear material produced by means of the delivered goods is located in the country of destination.

End Use

§ 13. (1) In order to fully assess the criteria set out in § 12, the final use in the country of destination must be thoroughly reviewed. The granting of authorisation shall be subject to the submission of a commitment by the country of destination in respect of compliance with the conditions laid down in Article 12 (3) to (5), in so far as international mechanisms for the control of nuclear transfers are providing for this. Otherwise, the final use shall be proved by appropriate documents, in particular by means of a final declaration of lefthand or a permit officially granted by the country of destination.

(2) If this is necessary in view of the specific circumstances of the case for the fulfilment of the Nuclear Non-Proliferation Treaty or for the fulfilment of other international legal obligations of Austria or in the foreign policy interest of Austria, the Federal Minister for Economic Affairs, the Family and Youth, to make the granting of an export authorisation subject to the undertaking of the country of destination that the re-export is carried out only with the prior consent of Austria, in order to ensure that the in accordance with Section 12 (3) to (5), also in the country in which the re-export is to take place.

(3) The Federal Minister for Economic Affairs, Family and Youth shall, upon request, issue confirmations concerning the provisions in force in Austria with regard to the conditions laid down in Article 12 (3) to (5), if such confirmation is valid for the importation or shipment of goods to Austria.

Nullity of legal transactions

§ 14. (1) Legal transactions relating to transactions which are subject to a prohibition on the basis of directly applicable law of the European Union within the meaning of Article 1 (1) (1) (4) of this Article are void.

(2) Legal transactions relating to transactions which, after the conclusion of the legal transaction, are subject to a prohibition on the basis of a law applicable directly to the European Union within the meaning of Article 1 (1) (4) of the Law on the basis of an amendment to the law, shall apply in respect of the part not yet carried out by law, with the entry into force of the amended legislation as dissolved.

(3) Legal transactions relating to transactions for which a permit is required under Article 1 (1) Z 4 lit. b, pursuant to a regulation pursuant to section 9 (1) or (2) or in accordance with § 10, for which the European Union has the right to apply directly applicable law, the law shall be deemed to have been concluded under the suspenseable condition that the permit shall be granted.

(4) In the case of transactions relating to transactions for which no authorisation has been required by virtue of the legislation referred to in paragraph 3 when the transaction is concluded, but for which, before the transaction is carried out, the legislation is subject to a modification of that legislation. authorisation is required, a request for authorisation must be submitted. This application must be submitted within four weeks after the entry into force of the provisions on the authorisation requirement, in the case of applications based on the directly applicable law of the European Union within the framework of the application of the Federal Act. shall be provided for.

(5) Where no application is made within the time limits referred to in paragraph 4, or if the application is rejected or rejected, the legal transaction shall apply to the entry into force of the amended law with regard to the part not yet implemented. Legislation as dissolved.

General provisions concerning applications, notifications and authorisations

§ 15. (1) Applications or notifications pursuant to this Section or on the basis of the directly applicable law of the European Union within the meaning of Section 1 (1) (1) (4) (lit). b shall be submitted in writing, using the forms to be provided in official form. The application or notification shall contain all the information necessary for the assessment of the operation or the activity for which the application is made or for which the notification is made. Appropriate evidence shall be attached.

(2) Applications and notifications pursuant to paragraph 1 shall be submitted in accordance with the provisions of Section 53 of the 2011 External WG by means of electronic media.

(3) Approvals are to be granted for a limited period and not transferable.

Revocation of authorisation and subsequent conditions

§ 16. (1) Approval notices relating to operations for which a prohibition pursuant to the direct applicable law of the European Union within the meaning of Article 1 (1) (1) (4) enters into force after the application of the licence shall apply with the entry into force of that law Law as revoked.

(2) In cases other than those referred to in paragraph 1, at least one of the conditions pursuant to the second main piece of the 2011 external WG is no longer provided and the pre-registration of conditions is sufficient to ensure compliance with all requirements. The Federal Minister for Economic Affairs, Family and Youth has to prescribe these conditions to the public. If the application of conditions is not sufficient or if at least one of the conditions laid down in section 12 (3) to (5) has been omitted for the granting of authorisation, the Federal Minister for Economic Affairs, Family and Youth has approved the authorisation with Decision to revoke.

(3) The cases affected by a revocation pursuant to paragraph 2 shall immediately be sent back to the Federal Minister for Economic Affairs, Family and Youth.

(4) The Federal Minister for Economic Affairs, the Family and Youth shall immediately notify the Federal Minister of Finance of any communication pursuant to paragraph 2, provided that the Federal Minister for Finance is concerned with the export or transit. This understanding shall have all the data necessary for the control by the customs authorities of the operation affected by the withdrawal, concerning the exporter, the goods concerned, the country of destination, the intended recipient and the intended purpose of the to contain transport routes.

(5) Where danger is in default, because goods have been withdrawn in the course of an operation whose approval has been revoked in accordance with paragraph 2 above,

1.

enter a third country in which there is an armed conflict with another State in an armed conflict or where serious and repeated violations of human rights are perpetrated or where the conflict in the armed conflict is terrorist activities, and

2.

are intended or suitable for use in accordance with § § 5 to 8 and 10 of the outside WG 2011,

the Federal Minister for Economic Affairs, the Family and Youth, shall immediately inform the Federal Minister of Finance of these circumstances, following the data necessary for the customs authorities, concerning the exporter, the goods concerned, the country of destination, the , and to communicate with the intended transport routes. The customs authorities have to seize these goods.

Delivery in special cases

§ 17. If an exporter, a mediator or a person responsible for the transit of goods within the meaning of section 1 (3) cannot be reached in time in urgent cases, notices and communications may be provided on the basis of this section as well as on the basis of direct applicable law of the European Union shall also be effectively delivered to persons who actually carry out the transport.

Cooperation with the Federal Minister for Finance

§ 18. (1) At the request of the Federal Minister for Economic Affairs, Family and Youth, the Federal Minister for Finance has the power to inform the customs authorities of the nature, nature, quantity, value, origin, origin and origin of the data which he has obtained in connection with the activities of the Federal Minister for Finance. and the determination of goods and data relating to persons and companies directly or indirectly involved in the movement of goods, provided that they are used for the purpose of monitoring the law of the European Union which is applicable to this section or directly are required within the meaning of § 1 (1) (4) (4). The data disclosed may be used exclusively for the purposes of monitoring the operations referred to above.

(2) The Federal Minister for Economic Affairs, Family and Youth may request the Federal Minister of Finance to carry out an investigation in his sphere of action on all the circumstances necessary to ensure compliance with the provisions of this Section, the immediate applicable law of the European Union within the meaning of Section 1 (1) (4) and the obligations of international law referred to in Article 9 (1) (1) (1) of this Regulation. These investigations are subject to § § 24 and 25 of the Customs Law Implementing Act (ZollR-DG), BGBl. No 659/1994, with the proviso that the reviews are not restricted to the group of persons in Section 23 (1) of the Customs R-DG.

(3) The results obtained from the reviews pursuant to paragraph 2 may only be used for the purposes of the enforcement of this federal law, except for the purposes of enforcement of the legislation in the sphere of action of the Federal Minister of Finance.

(4) Where there are doubts as to whether an operation of an authorisation requirement or a prohibition on the basis of this Federal Law or on the basis of the directly applicable law of the European Union within the meaning of Article 1 (1) (1) (4) occurs during the customs clearance of the customs office. , the Federal Minister of Finance is authorized to communicate to the Federal Minister for Economic Affairs, Family and Youth and to request the forwarding of further data on this process. The Federal Minister for Economic Affairs, Family and Youth has to submit all the necessary data to the Federal Minister of Finance.

International cooperation

§ 19. (1) The Federal Minister for Economic Affairs, Family and Youth can

1.

data from proceedings and proceedings under this Section or under the direct applicable law of the European Union within the meaning of Article 1 (1) (4) (b), which grants a permit or rejects a request for authorisation, and

2.

data relating to the suspicion of an operation by which a good could reach a recipient who, in whole or in part, in a nuclear activity not subject to the IAEA's security control, for development, production, the handling, operation, maintenance or other maintenance, storage, locating, identification, testing or dissemination of nuclear weapons or other nuclear explosive devices, or for the promotion of terrorism, could be used,

to the institutions and Member States of the European Union as well as to other States, international organisations and other intergovernmental bodies, provided that this is required or secured by virtue of international legal obligations of international disarmament, arms control and the control of technology transfer. In the case of overviews, the confidential treatment of personal data by the consignee shall not give rise to any doubt.

(2) The data traffic referred to in paragraph 1 may be carried out entirely in electronic form.

Section 5

Common rules for security and export control

Observation and advice of the market

§ 20. The Federal Minister for Economic Affairs, Family and Youth has measures for the purpose of the implementation of this Federal Act and of the directly applicable law of the European Union within the meaning of Section 1 (1) (4) of the Act for the observation of the goods within the meaning of § § 1. 1 (1) (1) (17), and to arrange for the necessary advice to be provided by the relevant undertakings to facilitate the achievement of the objectives of this Federal Law. To this end, appropriate experts are to be prepared, including the Federal Minister for Economic Affairs, the Family and Youth on technical matters relating to security and export control, including international development in the field of relevant technology.

Monitoring

§ 21. (1) To monitor compliance with the provisions of the 2. and 4. Section of this Federal Act, the directly applicable law of the European Union within the meaning of Section 1 (1) (4) and the obligations under international law referred to in Article 9 (1) (1) (1) of this Act may be made by the Federal Minister for Economic Affairs, Family and Youth call for reports and evidence at any time and set a reasonable time limit for their submission and, where effective control cannot be ensured in any other way, in the case of the parties concerned, including book and stock inspection, using the use of of appropriate experts. If the parties have been found to be in breach of the provisions of this Federal Act, a regulation issued on the basis of this Federal Act or of the directly applicable law of the European Union within the meaning of Article 1 (1) (1) (4) of this Act, shall to carry out the costs of the procedure, including the monitoring.

(2) The Federal Minister for Economic Affairs, the Family and Youth may, in the context of the monitoring activities referred to in paragraph 1, in particular:

1.

enter the facilities and means of transport to be checked;

2.

to obtain the necessary data and information;

3.

consult the staff of the institution and persons involved in the transport of goods;

4.

submit documents and records, inspect them, and make copies thereof;

5.

Make photographs of the facilities, means of transport and objects to be inspected;

6.

Sampling and analysing samples and

7.

call for the adoption of certain operations, provided that the effort required and the costs incurred by the undertaking are proportionate to the monitoring objective.

(3) If surveillance activities are to be carried out at the premises of a holding or any other facility, the owner of the establishment or the farmer shall be entitled, at least one week prior to the taking of such acts, to the effect that: to verify compliance with this federal law. This shall not apply to verifications of the IAEA's order within the meaning of Section 6 (1) or the European Commission under Chapter VII of the EAEC Treaty.

(4) A prior agreement in accordance with paragraph 3 may be maintained if there is reason to believe that there may be an infringement of the provisions referred to in paragraph 1 above. In this case, the owner of the establishment, the farmer or a representative of such persons shall be notified without delay upon entering the facility or the establishment. If the risk is in default and neither the owner nor the farmer nor a representative of these persons can be reached, then a subsequent communication shall suffice to indicate the reasons which led to the acceptance of a violation of the law.

(5) In the case of surveillance activities within the meaning of the preceding paragraphs, a disturbance of the business operation and any overseeing as far as possible shall be avoided.

(6) In so far as this is necessary for the purpose of monitoring within the framework of paragraph 1, the owner of the institution, the farmer or a representative of such persons shall enter, open and visit the land referred to in paragraph 1 above, To enable buildings, containers and means of transport. In addition, the persons mentioned shall provide the necessary information, provide necessary documents and, if necessary, provide an insight into the records of the stock of stocks and other records and, if necessary, to provide information on the records and other records. Calls by the Federal Minister for Economic Affairs, Family and Youth to comply with the powers laid down in paragraphs 1 and 2 of this Article.

(7) A transcript within the meaning of § § 14 and 15 of the General Administrative Procedure Act 1991, BGBl, is a transcript of each monitoring act in accordance with paragraphs 1 to 6 of this article. No. 51.

(8) The Federal Minister for Economic Affairs, the Family and Youth may order, without prejudice to the existing information and reporting obligations in accordance with § 5, that all or-in respect of a group of goods-certain companies in Austria, the have an obligation to provide information on the receipt, storage and exit of such goods and the products produced from them for certain dates on a period to be determined in each case for the purpose of determining the exchange of goods within the meaning of section 1 (1) (1) (17) . To the extent that such a regulation has been adopted, the Federal Minister for Economic Affairs, the Family and Youth may, in accordance with the conditions laid down in paragraphs 1 to 7, be included in the undertaking, his or her warehouses and/or his/her warehouses, and carry out business records, including through the use of appropriate experts.

Recording and retention obligations

§ 22. (1) Anyone who initiates an operation that is subject to an authorisation requirement or a reporting obligation on the basis of the 2. or 4. Section of this Federal Act or under the direct applicable law of the European Union within the meaning of Section 1 (1) (1) (4) of this Act shall be subject to record keeping.

(2) Records within the scope of the second section of this Federal Act must contain all the information necessary for the verification of the correctness of the messages.

(3) Records within the framework of the 4. Section of this federal law must contain, in particular, business documents such as invoices, cargo directories, transport documents or other shipping documents, on the basis of which the following can be determined:

1.

the name of the goods, including the necessary technical specifications;

2.

the quantity of these goods;

3.

in the case of transactions subject to authorisation, the exact data on which the operations or operations concerned have been carried out;

4.

the name and address of all responsible persons or companies;

5.

the contracting party or parties;

6.

the recipient of the goods and

7.

the end use and the end user.

(4) The parties concerned shall keep the records to be kept in accordance with paragraph 1 for the purpose of the control in accordance with § 21 for at least five years. The time limit for storage shall begin to run at the end of the calendar year in which the operation has been terminated in accordance with paragraph 1.

Internal safeguards

§ 23. (1) Persons or companies which have a reporting obligation under the second section or in accordance with the directly applicable law of the European Union within the meaning of Article 1 (1) (1) (4) (4) (1). a subject to or with the production of or trade in equipment or material within the meaning of section 1 (1) (18) or the design or transfer of technology within the meaning of § 1 (1) (1) (19), appropriate organisational measures shall be taken , in order to prevent the withdrawal of nuclear material or activities from security control, or the breach of reporting obligations or operations that could be contrary to the conditions of the approval of § 12. The choice of measures shall, in particular, be taken into account in the size and subject matter of the undertaking and the categories of goods concerned.

(2) In any case, appropriate measures within the meaning of paragraph 1 shall be:

1.

the appointment of one or more responsible commissioners within the meaning of section 24;

2.

the existence of an internal code of conduct for the implementation of the operations referred to in paragraph 1;

3.

internal control systems to ensure the conscientious compliance and enforcement of all relevant legislation for the operations referred to in paragraph 1 and of the code of conduct referred to in Z 2; and

4.

regular training and information on the legal requirements for their permissible implementation, the code of conduct referred to in Z 2 and the handling of those referred to in Z 3, of the persons involved in the procedures referred to in paragraph 1 above Control systems.

Responsible officers

§ 24. (1) If this is necessary in order to ensure compliance with the reporting obligations pursuant to § 5 or the approval requirements pursuant to § 12, the Federal Minister for Economic Affairs, Family and Youth shall have persons or companies within the meaning of section 23 (1) of the To order one or more responsible representatives, the responsibility for compliance with the 2 for the entire company or for certain areas of the company that are defined in a geographical or factual way. and 4. Section of this federal law, including the regulations and regulations issued on its basis, as well as the directly applicable law of the European Union within the meaning of Section 1 (1) (1) (4) of this Act.

(2) Only natural persons can be appointed to responsible persons who are responsible for:

1.

all conditions pursuant to § 9 (4) of the Administrative Criminal Law 1991, BGBl. No 52, and

2.

are to be regarded as reliable within the meaning of Section 51 of the 2011 External WG.

(3) The appointment of a responsible officer in accordance with paragraph 1 shall be reported to the Federal Minister for Economic Affairs, Family and Youth immediately after the date of notification of the person referred to in paragraph 1 above.

(4) A person or company may also appoint one or more persons responsible for responsibility. In this case, the order shall be notified immediately to the Federal Minister for Economic Affairs, Family and Youth.

(5) The Federal Minister for Economic Affairs, the Family and Youth shall bear the dismise of a person appointed with a communication if that person does not comply with all the conditions laid down in paragraphs 1 and 2 or if circumstances arise subsequently, by means of which the person appointed shall be entitled to at least one of these conditions is no longer met.

(6) Where one or more responsible agents have been appointed in accordance with paragraph 1 or 4, they shall be responsible for compliance with the provisions referred to in paragraph 1, including the customs clearance.

(7) If this is necessary in order to ensure compliance with the provisions referred to in paragraph 1 above, the processing of an application or a notification shall be subject to the appointment of a responsible officer within the meaning of paragraph 1.

6.

Criminal provisions

Ensure

§ 25. (1) The customs authorities shall be entitled to use nuclear materials, equipment or materials to which a BGBl, according to § § 177a, 177b or 177c of the Penal Code, BGBl. No 60/1974, criminal act, in accordance with § 110 of the Criminal Procedure Code 1975 (StPO), Federal Law Gazette (BGBl). No. 631, to be made safe. The customs authorities shall report without delay to the competent public prosecutor's office. Section 111 (4) of the StPO shall apply mutatily.

(2) The conditions of a guarantee shall not be met and goods may be provided to the notifier in accordance with Art. 75 lit. a, 4. Text of Regulation (EEC) No 2913/1992 establishing the Community Customs Code, OJ L 327, 31.12.1992, p. No. OJ L 302, 19.10. In 1992, p. 1, because they are subject to prohibitions or restrictions, these goods must be seized by the customs authorities. The Federal Minister for Economic Affairs, the Family and Youth is to be informed immediately of the seizure. The Federal Minister for Economic Affairs, the Family and Youth has to decide whether the seizure should be lifted and whether the goods should be re-exported, returned to the exporter or under the appropriate application of § § 37 to 52 of the Levy executive order, BGBl. No 104/1949, are to be recovered or destroyed.

Administrative penalty provisions

§ 26. (1) Who intentionally violates his obligations under Regulation (Euratom) No 302/2005;

1.

to report the reporting of the basic technical characteristics referred to in Articles 3 and 4;

2.

to report under Article 5 of the activity framework programme;

3.

to carry out accounting and operating protocols in accordance with Articles 7 to 9;

4.

to submit reports and statements pursuant to Articles 10 to 18;

5.

to report on import, import, export or dispatch in accordance with Articles 20 to 23; or

6.

to report notifications in accordance with the specific provisions of Articles 24 to 32;

shall be subject to an administrative surrender and shall be punished with a custodial sentence of up to six weeks or with a fine of up to EUR 40 000.

(2) Likewise to be punished is who intentionally

1.

Violation of information or reporting requirements in accordance with § 5;

2.

without any authorisation required in accordance with § 7, containing nuclear material, or not complying with the conditions or conditions of such authorisation;

3.

the information, reports or evidence applied to him pursuant to § 21 is not or is not properly delivered or is contrary to one of the obligations referred to in Article 21 (6); or

4.

the obligation to record the recording in accordance with § 22 (1) or the obligation to retain storage pursuant to section 22 (4).

(3) Anyone who is negligent in committing any of the acts referred to in paragraphs 1 and 2 shall be subject to an administrative surrender and shall be punished with a fine of up to EUR 25 000.

(4) In the cases referred to in paragraphs 1 and 2, the attempt shall also be punishable.

(5) In the cases referred to in paragraphs 1 to 4, the district administrative authority, in the territory of a municipality for which the State Police Directorate is at the same time the security authority of the first instance, shall be the first instance of the District Administrative Authority for the implementation of the administrative criminal procedure, but the State Police Directorate responsible.

(6) An administrative surrender in accordance with paragraphs 1 to 4 does not exist if the act constitutes the offence of a criminal offence which falls within the jurisdiction of the courts.

Section 7

Final provisions

Proof of customs clearance

§ 27. (1) Insofar as according to the 4. Section of this Federal Act or on the basis of the directly applicable law of the European Union within the meaning of Section 1 (1) (1) (4) (lit). In the case of exportation or transit, the exporter or the person responsible for the transit shall be required to provide proof to the customs office concerned that the transaction is duly authorised.

(2) The proof referred to in paragraph 1 shall be provided by:

1.

submission of the authorisations or surveillance documents valid at the time of customs clearance to the customs office concerned, or

2.

Application number of the document in the electronic approval procedure.

(3) The transfer of the goods to the respective customs-approved destination may only take place after the completed customs-official treatment of the permits or surveillance documents.

Relationship to other federal laws

§ 28. (1) Where reference is made in this Federal Act to provisions in other federal laws or in directly applicable law of the European Union, these are to be applied in their respectively applicable version.

(2) Where reference is made in federal legislation to provisions which are replaced by this Federal Act, the provisions of this Federal Act shall be replaced by the provisions of this Federal Act.

Linguistic equality

§ 29. Insofar as personal names are only mentioned in male form in this federal law, they refer to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

Entry into force and transitional provision

§ 30. (1) This federal law shall enter into force on 1 March 2013.

(2) Article II of the Security Control Act 1991, BGBl. No 415/1992, unless otherwise specified in the following paragraph, shall enter into force on the date of entry into force of the Article. II of this Federal Law.

(3) § 18 of the Security Control Act 1991 is to be applied further to criminal acts committed prior to the entry into force of this Federal Law.

Notification of notification

§ 31. This federal law has been adopted in compliance with the provisions of Directive 98 /34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of the rules on information society services, OJ L 206, 22.7.1998, p. No. OJ L 204 of 21.07. 37, as last amended by Directive 2006 /96/EC, OJ L 327, 30.4.2006, p. No. OJ L 363 of 20.12. 81 notified under the notification number 2012 /181/A.

Enforcement clause

§ 32. (1) The Federal Minister for Economic Affairs, Family and Youth shall be responsible for the enforcement of Article II as well as the enforcement of the directly applicable law of the European Union, unless the following paragraph is determined.

(2) The following provisions shall be charged with the enforcement of the following provisions:

1.

as regards Section 6 of the Federal Minister for Economic Affairs, the Family and Youth, in accordance with Section 6 (3) in agreement with the Federal Minister for European and International Affairs;

2.

with regard to § § 7 and 8 of the Federal Minister of the Interior, in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management in accordance with Section 7 (2) (2) (2) (2) (2) (2) (2), and after consultation of the Federal Minister for Economic Affairs, Family and Youth with regard to such installations, which are under the Industrial Code of 1994, BGBl. No. 194, or under the Mineral raw material law, BGBl. I No 38/1999,

3.

as regards Section 9 (1) of the Federal Minister for Economic Affairs, the Family and Youth, in accordance with Section 9 (3) in agreement with the Federal Minister for European and International Affairs and the Federal Minister of Finance;

4.

in respect of Section 10 (2) of the relevant Federal Minister within the scope of his/her scope of action;

5.

with regard to § § 14 and 25 of the Federal Minister of Justice and

6.

as regards Section 18 of the Federal Minister of Finance.

Fischer

Faymann