Safety Control Act 2013 - Skg 2013

Original Language Title: Sicherheitskontrollgesetz 2013 – SKG 2013

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996699/sicherheitskontrollgesetz-2013--skg-2013.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
42. Federal law on the establishment of a security control system, the security of nuclear material and facilities and on export control to ensure of the peaceful use of nuclear energy (Safety Control Act 2013 - SKG 2013)

The National Council has decided:

Table of contents article I (constitutional provision) article II, section 1 definitions and scope of application article 1.
Definitions article 2.
2. area of application safety control section 3 section.
The purpose of section 4.
Authority section 5.
Requests for information and reporting requirements of § 6.
Inspections by the IAEA of 3 section protection of nuclear material and facilities section 7.
Requirement for section 8;
Security and coercive measures 4. section export control section 9.
Section 10 permit requirement.
Special approval requirements for transit and mediation 11.
Reporting obligation for mediation § 12.
§ 13 conditions for authorisation.
§ 14 final use.
Invalidity of legal acts section 15.
General provisions relating to applications, messages and permits section 16.
Revocation of permit and subsequent requirements article 17.
Delivery in special cases § 18.
Cooperation with the Federal Minister of finance section 19.
5. international cooperation section common provisions for the security and export control section 20.
Observation and consultation of the market § 21.
Monitoring § 22.
Recording and retention obligations Article 23.
Internal security measures article 24.
Responsible commissioned article 6 penal provisions article 25.
Guarantee section 26.
Administrative penal provisions 7 final provisions § 27 section.
Evidence in the customs clearance of section 28.
Relationship to other federal laws section 29.
Linguistic equal treatment article 30.
Entry into force and transitional provisions article 31.
Note notification section 32.
Enforcement clause Article I (constitutional provision)

(1) the issuing, amending and repealing provisions contained in article II, as well as the enforcement of these regulations are also in those respects Federal thing that foresees something else for which the B-VG. The matters regulated in those rules can be obtained directly by federal authorities.

(2) this article shall enter into force 1 March 2013. Article I of the safety control Act 1991, BGBl. No. 415/1992, occurs with the entry into force of this article except force.

(3) upon the completion of this article, the Federal Government is responsible.

Article II

1 section

Definitions and scope of application

Definitions

1. (1) within the meaning of this Federal Act mean: 1 "NPT": the Treaty on the non-proliferation of nuclear weapons, BGBl. No. 258/1970;

2. "Security control agreement": 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 European Atomic Energy Community and the International Atomic Energy Agency in implementation of article III, paragraphs 1 and 4 of the Treaty on the non-proliferation of nuclear weapons, OJ No. L 51 of 22.02. 1978 p. 1;

3. "Additional Protocol": the Protocol to the Convention between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Finland, the Greek Republic, Ireland, the Italian Republic, the Grand Duchy 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 implementation of article III, paragraphs 1 and 4 of the Treaty on the non-proliferation of nuclear weapons including equipment , BGBl. III No 70/2007;

4. "directly applicable European Union law": a) the directly applicable provisions of Chapter VII of the Euratom Treaty, as well as the directly applicable instruments that established the European Atomic Energy Community, b) directly applicable instruments of the European Union concerning the control of trade in goods that can be used for military purposes in addition to possible civilian uses and c) directly applicable instruments of the European Union, which lays down restrictive measures , if they relate to goods within the meaning of Z 17;

5. "IAEA": the International Atomic Energy Agency;

6 "Raw material": uranium containing the isotopic composition occurring in the natural; Uranium with reduced levels of the isotope 235; Thorium; each of the aforementioned substances in the form of metal, alloy, chemical compounds or concentrates;

7 "special fissionable material": plutonium-239; Uranium 233; with the isotopes 235 or 233 angereichertes uranium; each material, one or several of the aforementioned substances containing, according to the statutes of the International Atomic Energy Agency, Federal Law Gazette No. 216/1957; However, the term "special fissionable material" does not include "Source material";

8 "with the isotopes 235 or 233 angereichertes uranium": uranium in which the ratio of the sum of the isotopes is greater 235 and 233 to the isotope 238 as the relationship occurring in nature;

9 'Core material': source material or special fissile material;

10 "highly enriched uranium": uranium containing at least 20 percent of the isotope uranium 235;

11 "system": a) a reactor, a critical order, a conversion plant, a fuel production plant, reprocessing facility, isotope discharge race conditioning or a separate storage facility, b) a location where nuclear material is commonly used in quantities exceeding one effective kilogram, or c) a place where nuclear material; usually in quantities of not more than one effective kilogramme

12 "effective kilogram": unit in accordance with article a particular security used 2 Z 13 of Regulation (Euratom) No. 302/2005 on the application of Euratom safeguards OJ No. L 54 of 28.02 2005 p. 1;

13 "Plant out of operation": a system in which was, the closed and the nuclear material removed that is; not been closed but

14 "closed system": a system where for a use, been removed significant residual structures and equipment or defeat so that the plant not for storage is used and no longer for the handling, processing or use of nuclear materials can be used;

15 "Site": the spatial range, which limited the IAEA; reported in the relevant investment data for a plant or a plant out of operation the site includes all facilities, are located in the immediate vicinity of the plant and are intended for the provision or use of essential services, including a) hot cells for processing irradiated material that contains no nuclear material, b) facilities to treat, intermediate and final disposal of waste, as well as c) building for activities within the meaning of annex I of the Protocol;

16 "Research and development work in the field of the nuclear fuel cycle": activities with the exception of with referred to in paragraph 2 special reference to a part of the process or system development for one of the following activities or facilities: a) conversion of nuclear material, b) enrichment of nuclear material, c) production of nuclear fuel, d) reactors, e) critical orders, f) reprocessing of nuclear fuel, g) medium or high active waste treatment , which contains plutonium, high enriched uranium or uranium 233, but no repackaging or conditioning without separation of the element for the intermediate or final disposal;

17 'goods': a) the items of category 0 of annex I of to Regulation (EC) No. 428/2009 setting up a Community regime for the control of exports, transfer, the mediation and the transit of dual use goods, OJ No. L 134 of 29.05 2009 p. 1, and b) not in lit. (a) called equipment, material or technology, which are especially designed or prepared for the processing, use or production of special fissionable material, and are subject to a check on the basis of a regulation in accordance with § 9;

18 "Equipment or material": a) the goods of the genera 0 A and 0 B, as well as the genus 0 C from an ID of 0 C 003 of annex I of to Regulation (EC) No. 428/2009, and b) not in lit. (a) equipment referred to or materials, which are especially designed or prepared for the processing, use or production of special fissionable material, and are subject to a check on the basis of a regulation in accordance with § 9;

19 'Technology': technical knowledge within the meaning of article 1 para. 1 No. 3 of the foreign trade law 2011 (AußWG 2011), Federal Law Gazette I no. 26, that nuclear material in the sense of no. 9 or on equipment or material referred to Z 18 refers to.

(2) paragraph 1 Z 16 captures are not activities in connection with the theoretical or basic research or research and development work on 1 industrial uses for radioisotopes;

2. medical, hydrological and agricultural applications;

3. the impact on health and environment, or 4 a better maintenance.


(3) for the terms "Customs territory of the European Union", "Other EU Member State", "Country", "Person or entity", "Export", "Exporter", "transit", "Durchfuhrverantwortlicher", "Mediating between third countries", "Mediator" and "Movement within the European Union" No. 6, apply the definitions in article 1, paragraph 1 7, 8, 9, 11, 12, 13, 14, 15, 17 and 18 AußWG 2011.

Scope of application

§ 2. Operations relating to goods within the meaning of article 1, paragraph 1 Z 17 subject to this Act.

2. section

Security control

Purpose

§ 3. purpose of the security control is to ensure of the use of nuclear energy for exclusively peaceful purposes in implementing the obligations undertaken by Austria from the NPT, the security control agreement and the additional protocol.

Authority

4. (1) is authority within the meaning of this section, as well as authority within the meaning of Chapter VII of the EAEC Treaty the Federal Minister of economy, family and youth.

(2) a copy of any notification to the European Commission according to the directly applicable law of the European Union within the meaning of § 1 para 1 No. 4 lit. a is to deliver to the authority.

Requests for information and reporting requirements

5. (1) who research and development work on Z 16 without recourse to nuclear material carries out the area of the nuclear fuel cycle in the sense of § 1 para 1, has to a first report to the authority within 90 days of starting work. This has to include a general description and location of the work. An update of this first message or indication that no change has occurred, has to be carried out until March 1, for the previous calendar year.

(2) in the case of a request by the IAEA in accordance with article 2 section a Z ii of the additional protocol the authority may, where she do this not already due to section 21 para 1 is authorized by the owner or farmer of a plant within the meaning of article 1, paragraph 1 request Z 11 the reports corresponding to the request and set a reasonable deadline for its submission.

(3) the owner or holder of an investment within the meaning of article 1, paragraph 1 Z 11 must submit the authority within 60 days after request this is a first message of the site within the meaning of article 1, paragraph 1 Z 15. The message has to contain at least a general description of each building on the site, including its use and its contents, as well as a plan of the site. An update of this first message or indication that no change has occurred, has to be carried out until March 1, for the previous calendar year. The obligation to Z 13 Z 11 lit also for equipment taken out of service within the meaning of article 1, paragraph 1, unless it is previously acted at such a 1 a facility pursuant to section 1 para 1. a or b, or 2. a facility pursuant to section 1 para 1 No. 11 lit. c in the hot cells are present or activities in connection with the conversion, enrichment, fuel production, or reprocessing were carried out.

(4) a person who carries out activities within the meaning of annex I of the Protocol, has to report the authority without prejudice to the provisions of the 4th section of this federal law 90 days after recording these activities with a description of their scope and their exact location. An update of this first message or indication that no change has occurred, has to be carried out until March 1, for the previous calendar year.

(5) a person who stores mid - or high-level waste containing plutonium, high enriched uranium or uranium 233, has the authority, as far as he is obliged to do so not because of directly applicable European Union law, to report the storage location within 90 days after the first drop, as well as any change in the storage location within 90 days from the.

(6) a person who performs goods within the meaning of article 1, paragraph 1 Z 17, which also in annex II of the additional protocol are called, or in another EU - Member State spends, has the export or transfer of authority without prejudice to the provisions of the 4th section of this Federal Act no later than 30 days after the end of the quarter in which the export or shipment is done, specifying the identity , Much to place the planned use and export or shipment date or expected export or shipment date.

(7) the authority a person who imports the goods referred to in paragraph 6 or from another EU - Member State in the area of federal spending, has the importation or shipment not later than 30 days after the end of the quarter in which the shipment is done, to report the planned use and import or shipment date or scheduled import or shipment date place, specifying the identity, quantity.

(8) there is the reasonable suspicion pursuant to article 2 section b Z ii of the additional protocol, that, outside a site within the meaning of article 1, paragraph 1, 15 activities are exercised Z that might be, functionally-related activities at a site in conjunction has the authority without prejudice to § 21 para 1 of the person or company who carries out these activities, to call for a general description of these activities and to set a reasonable time limit for their submission.

(9) the data reported in accordance with paragraphs 1 to 8 are to be treated confidentially and must only for purposes of this federal law enforcement and used the enforcement of criminal and financial criminal provisions. The content of the messages and information in accordance with paragraphs 1 to 8 can the IAEA as well as propagated by the institutions of the European Union.

Checks by the IAEA

Section 6 (1) checks performed on arrangement of IAEA in accordance with the provisions of the safety control agreement or of the additional protocol, the rights described in § 21 para 2 are to the inspectors of the IAEA in the framework of their inspection, and the owner, holder or his representative has the obligations described in section 21, para 6.

(2) the inspections referred to in paragraph 1 may relate to the following places: 1. places of nuclear materials;

2. assets within the meaning of article 1, paragraph 1 Z 11, even before its completion and before the introduction of nuclear material;

3 taken decommissioned plants within the meaning of article 1, paragraph 1 Z 13;

4. closed installations within the meaning of article 1, paragraph 1 Z 14;

5. any part of a site within the meaning of article 1, paragraph 1 Z 15.

6 places in accordance with article 5, paragraph 1, 4, 7 and 8;

7. other locations as determined by the authority in accordance with article 5 section c of the additional protocol for the collection of site-specific environmental samples;

8 other than the places referred to in the Z 1 to 7, as determined by the authority in accordance with article 9 of the additional protocol for the large-scale collection of environmental samples;

9. other than the places referred to in the Z 1 to 8, where the IAEA is allowed entry by the authority or where the IAEA at the request of the authority makes a review.

(3) the authority may in agreement with the Federal Minister for European and International Affairs provide access within the meaning of section 2 No. 9, or request a review within the meaning of section 2 No. 9 If this is necessary for the monitoring of compliance with the obligations arising from the security control agreement or the additional protocol.

(4) the inspections referred to in paragraph 1 must be carried out so that this as far as possible any disruption in the ordinary operation occur 1;

2. efficiency and reliability at plants or activities during the peaceful use of nuclear energy is not affected, and 3. the usable know-how and other trade secret protection is ensured.

(5) the authority shall at the inspections referred to in paragraph 1 of the rules of the security control agreement, the additional protocol and this Federal Act concern to carry. During all the duration of the review by the IAEA, at least one representative of the authority has to be present, if necessary also using appropriate experts.

3. section

Protection of nuclear material and facilities

Permit requirements

Section 7 (1) of handling within the meaning of article 2, paragraph 45 No. 2 of the radiation Act, Federal Law Gazette No. 227/1969, of nuclear materials within the meaning of article 1, paragraph 1 requires Z 9 without prejudice to the approval in accordance with sections 5 to 8 or 10 of the radiation Act of approval of the Federal Minister of the Interior, with the protection from access or tampering by unauthorised third parties to prescribe are.

(2) any permit referred to in paragraph 1 dealing with raw material within the meaning of article 1, paragraph 1 need 1 No. 6, which outside of plants within the meaning of article 1, paragraph 1 Z 11 or in facilities pursuant to section 1 para 1 No. 11 lit. c is used;

2. dealing with small quantities of nuclear material, as they are used in particular for calibration purposes, where these amounts by regulation of the Federal Minister of the Interior in consultation with the Federal Minister of agriculture and forestry, to set environmental and water management are, and 3. the handling of nuclear materials, as far as needed this authorisation in accordance with the national and international rules on the transport of dangerous goods.


(3) the permit referred to in paragraph 1, after consultation with the Federal Minister of agriculture and forestry, environment and water management to adopt the, those measures are personnel to prescribe organisational and technical nature, depending on the type of institution, as well as type and amount of nuclear material used are necessary, the core material to protect against theft or other unlawful appropriation 1 through terms and conditions;

2. to protect the nuclear material and facilities for dealing with him from acts of sabotage and to ensure 3, that a) the internal and external security of in Austria is safeguarded, b) be adhered to the international obligations undertaken by Austria and c) protection is backed by people, foreign objects or other important interests.

(4) the authorization referred to in paragraph 1 may be granted only on the condition that all persons who have unescorted dealing with nuclear material, have a security review in accordance with the sections 55 to 55 b of the Security Police Act, Federal Law Gazette to take no. 566/1991.

(5) the approval referred to in paragraph 1 may be temporary for the duration of the treatment.

(6) the request for approval referred to in paragraph 1 are the documents required for the assessment of the application for authorisation to connect in particular a backup analysis to the 1 representation of intended handling and its scope;

2. representation of the status of of backup, specifying the General and specific objectives underlying the security concept;

3. information of security-relevant results of security status and event flow analysis and the consequences derived from it for the backup concept;

4. list of measures to ensure of safety and compliance with the requirements referred to in paragraph 3.

A security officer and the required number of deputies are the Authority also designated, which must be accessible at all times and are responsible for compliance with the conditions prescribed in the notice and conditions.

(7) If this is necessary for security reasons, or the State of the art, the Federal Minister of the Interior may prescribe acquired rights other or additional obligations with notice even after final approval under utmost.

(8) the verification of compliance with the conditions prescribed in the notice, conditions and limitations is whether the security authorities. For this purpose which can enter to validating equipment and means of transport, the prescribed equipment on its functionality checked and it can all documents related with the decision will be taken.

Security and coercive measures

§ 8 (1) evaluates to a review pursuant to article 7, paragraph 8, that an obligation incumbent in accordance with § 7 is not perceived, as the safety authority is regardless of the institution of criminal proceedings to impose those measures the holder of nuclear materials or operator of the facility by a decision which are necessary for the production of the State corresponding to the legal system. These measures may include the entire or partial closure of the operation or the prohibition of dealing with nuclear material.

(2) in the event of imminent danger to the life or health of people the safety authority must meet, measures to prevent the illegal activities as far as possible according to understanding of the security officer or a designated, even without previous procedure and prior to issuing a notice. These measures can include the seizure of nuclear materials, equipment and means of transport in place. This is a written opinion within two weeks adopt, failing which the taken measures lifted considered. The decision also applies when issued, if he has been deferred pursuant to § 19 of the extra Act, Federal Law Gazette No. 200/1982, due to failure of the safety authority.

(3) the decisions referred to in paragraphs 1 and 2 are immediately enforceable. If they are not shorter term, they compete with the expiry of one year from the day of their legal force calculated other than effectiveness.

(4) the Federal Minister of the Interior has the Federal Minister for agriculture and forestry, to inform environmental and water management immediately about decisions adopted pursuant to paragraphs 1 and 2.

4 section

Export control

Permit requirements

§ 9 (1) If a permit not already due to by directly applicable law in the European Union within the meaning of § 1 para 1 No. 4 lit. b is required, the Federal Minister of economy, family and youth with regulation has a permit requirement for export within the meaning of § 1 para 1 to set transit or brokering between third countries of goods Z 17, if necessary 1 to comply with international commitments in the area of nuclear arms control and non-proliferation, in particular obligations for the implementation of the NPT, or 2. in the interest of the internal and external security in Austria.

(2) under the conditions of paragraph 1 and of article 22 paragraph 2 of Regulation (EC) No. 428/2009, the Federal Minister of economy, family and youth with regulation has a permit requirement for shipments within the European Union of goods within the meaning of article 1, paragraph 1 Z 17 to set.

(3) regulations made pursuant to paragraph 1 are to adopt, as far as international commitments or foreign policy interests of the Republic of Austria are concerned, and in consultation with the Federal Minister of finance, as far as customs matters are concerned in agreement with the Federal Minister for European and international affairs.

Special permit requirements for transit and mediation

§ 10 (1) if known is the Federal Ministry of economy, family and youth, that Z 17, considering transit or mediating between third countries goods within the meaning of § 1 para 1, wholly or in part, for use in connection with the development, production, handling, operation, maintenance, storage, tracking, identification or the spread of nuclear weapons or other nuclear explosive devices or the development , Production, maintenance or storage of missiles for such weapons are intended or can be determined so he has the Durchfuhrverantwortlichen or broker within three working days with notice to inform that this operation an authorisation as a result of directly applicable law of the European Union within the meaning of § 1 para 1 No. 4 lit. b is.

(2) all Federal Ministers are authorized, with findings on the facts referred to in paragraph 1 the Federal Ministry of economy, family and youth data on kind, quality, quantity, value, origin, origin, determination and transport routes and data of the persons directly or indirectly involved in the operation, which are known the Federal Ministers and the authorities subordinate to them, to share with. The data given in this way may be used solely for purposes of execution of this Federal Act and directly applicable law of the European Union within the meaning of article 1, paragraph 1 Z 4.

(3) the Federal Minister of finance is to notify immediately of the existence of the permit requirement referred to in paragraph 1. This understanding has all necessary data to the persons or companies to contain the affected goods, the country of destination and the intended recipient for the monitoring of compliance with the authorisation by the Customs authorities.

Reporting obligation for mediation

11. (1) persons or companies who intend to convey goods Z 17 between third countries, within the meaning of § 1 para 1 have to inform the Federal Ministry of economy, family and youth, is known to them if they have reasonable grounds to believe, that the goods fully or partially for use in connection with the development, production, handling, operation, maintenance , storage, locating, identifying, or the spread of nuclear weapons or other nuclear explosive devices or the development, production, maintenance or storage of missiles for such weapons are intended or can be determined.

(2) a notification referred to in paragraph 1 shall in particular contain: 1. Description of the goods including the position in category 0 of in annex I of to Regulation (EC) No. 428/2009;

2. name and address of the intended recipient;

3. name and address of the intended end user, if known;

4. name and address of the supplier and 5. the known purpose or the indication of the circumstances, to have led to the justified suspicion.

(3) in the case of justified suspicion, a document establishing the end use within the meaning of article 13, paragraph 1 is a message close set last.

Permit requirements

12. (1) a permit as a result of directly applicable law of the European Union within the meaning of § 1 para 1 No. 4 lit. b, in accordance with a regulation on the basis of article 9, paragraph 1 or 2, or in accordance with § 10 shall be granted, if 1 is the compliance with the criteria set out in the articles 4 to 12 AußWG 2011 and 2 all requirements referred to in paragraph 3 are met.


(2) the examination which is conditions Z 1 in para 1 accordance with § 3 2011 to proceed AußWG, where as appropriate conditions in particular the 2011 are to be AußWG referred to in article 54. It is also to consider to what extent the applicant has implemented measures within the meaning of article 23.

(3) a permit within the meaning of paragraph 1 may only be issued if it is ensured that 1 the supplied goods 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 with the help of supplied goods used, reconditioned or manufactured nuclear material in the country of destination of the safety control of the IAEA on the basis of a security control agreement covering the entire territory of the country of destination or of other sufficient safety control of IAEA within the meaning of paragraph 4 is subject to;

3. the used in other plants in the destination country, refurbished or manufactured nuclear material of security control in accordance with no. 2 is subject to, if such plants with the help of the knowledge acquired through the delivery of goods are constructed;

4. the core material and the the related nuclear facilities in the backup measures of country of destination are subject to, the measures within the meaning of § 7 para 3 are comparable, and 5th in the country of destination any export of the delivered goods in a third country is only allowed if this third country meets the conditions stated in Z 1 to 4.

(4) other security control of IAEA within the meaning of paragraph 3 is regarded as sufficient, if it is based the corresponding system and the exercise of the IAEA safety control agreement on one that excludes the diversion of nuclear material for undeclared purposes, in particular for nuclear weapons or other nuclear explosive devices, with high probability, and delivered in accordance with the international mechanisms for the control of nuclear transfers Z 2.

(5) a security within the meaning of paragraph 3 must remain no. 2, as long as is the supplied nuclear material or nuclear material created with the help of the supplied goods in the country of destination.

End use

Section 13 (1) to the global assessment of the criteria referred to in article 12 is going to verify the end use in the country of destination. Approval is the presentation of a commitment of the country of destination regarding the compliance with the in § 12 para 3 to 5 to make dependent on conditions, as far as international mechanisms for the control of nuclear transfers provide for this. Otherwise, end use by appropriate documents shall be demonstrated in particular by a final whereabouts declaration or a permit officially granted by the country of destination.

(2) unless this is due to the specific circumstances of the case to the fulfilment of the NPT or to meet other of Austria of acquired international obligations or required in the foreign policy interests of Austrian, the Federal Minister for economic has family and youth the granting of an export license by the commitment of the country of destination depends on to make that further exports is done only with the prior consent of Austria, to ensure , that in § 12 para 3 to 5 which meet conditions set in the country, that further exports should take place.

(3) the Federal Minister for economy, family and youth has confirmations about the regulations in Austria as regards the conditions referred to in article 12 par. 3 to 5 to issue, if such a confirmation for the importation or shipment of goods to Austria is required on request.

Invalidity of legal acts

14. (1) transactions on operations that no. 4 is subject to a prohibition as a result of directly applicable law in the European Union within the meaning of article 1, paragraph 1, are null and void.

(2) legal business operations, no. 4 subjected to a ban as a result of directly applicable law in the European Union within the meaning of article 1, paragraph 1 upon completion of the legal transaction due to a change of legislation, are considered dissolved, in terms of the unused part of law with the entry into force of the amended legislation.

(3) transactions on operations for which a permit as a result of directly applicable law of the European Union within the meaning of § 1 para 1 No. 4 lit. b, in accordance with a regulation on the basis of article 9, paragraph 1 or 2, or in accordance with § 10 is required, apply by operation of law as a closed under the suspensive condition that the permit is issued.

(4) in the case of legal operations for that at the conclusion of the legal business no approval due to the in paragraph 3 was required legislation referred to, for but before its implementation due to a change in these laws, a permit is required, a request for approval to make is. This application must be made for permits on the basis of this Federal Act within four weeks after the entry into force of the rules on the authorisation applications by directly applicable law the European Union within the time limits laid down therein.

(5) if within the time limits referred to in paragraph 4 no application is made, or the request is rejected or refused, the legal transaction in respect of unused part of law with the entry into force of the amended legislation is considered as resolved.

General provisions relating to applications, messages and permits

Section 15 (1) requests or messages due to this section or by directly applicable law of the European Union within the meaning of article 1 para. 1 No. 4 lit. b are to submit in writing, using the official fair forms. The application or the message has all the information required for the assessment of the process or activity to include, is for the or for which the application submitted or that message be refunded. Appropriate evidence must be connected.

(2) applications and notifications referred to in paragraph 1 are to contribute in accordance with the provisions of § 53 AußWG 2011 by means of electronic media.

(3) permits are limited to grant and non-transferable.

Revocation of permit and subsequent editions

Section 16 (1) apply approval decisions relating to operations for which according to the decision issued a ban as a result of directly applicable law in the European Union within the meaning of article 1, paragraph 1 enters into force Z 4, whose entry into force law as revoked.

(2) is 2011 subsequently no longer given the main piece of the AußWG 2 in other as the cases referred to in paragraph 1 at least one of the conditions in accordance with and the notices of payment due requirements sufficient to the compliance with all requirements to ensure, again as has the Federal Minister of economy subsequently prescribe these requirements with notice to family and youth. The notices of payment due requirements is not sufficient or is at least one which lapsed conditions laid down for the granting of authorisation in article 12 par. 3 to 5, the Federal Minister for Economics has to revoke the approval decision family and youth.

(3) decisions affected by a revocation referred to in para 2 are immediately to the Federal Minister of economy to return to family and youth.

(4) the Federal Ministry of economy, family and youth has immediately reported to the Federal Minister of finance by any notification referred to in paragraph 2, provided that this concerns a training or transit. This understanding has necessary data to the exporter all for the monitoring of the operation affected by the cancellation by the Customs authorities to include the affected goods, the country of destination, the intended recipients, as well as to the proposed transportation routes.

(5) if the imminent danger is, because goods within the framework of an operation, the approval referred to in paragraph 2 has been revoked, 1 in a third country should go, or could, in the armed conflict there is located with another State in an armed conflict or in the serious and repeated human rights violations are perpetrated or supported terrorist activities, and 2nd one in the articles 5 to 8 and 10 AußWG determined 2011 mentioned purpose or are suitable , the Federal Minister of economy, family and youth has the Federal Minister of finance about this circumstances connecting the data required for the Customs authorities to the exporter for the affected goods, the country of destination, without delay to communicate to the intended recipients and the intended transport routes. The Customs authorities have to confiscate these goods.

Delivery in special cases

§ 17 if not in a timely manner can be achieved an exporter, a broker or a Durchfuhrverantwortlicher within the meaning of § 1 para 3 in urgent cases can be placed notices and messages due to this section, as well as by directly applicable law the European Union also effective on people, which actually perform the transport.

Cooperation with the Federal Minister of finance


Section 18 (1) is entitled, upon request of the Federal Minister of economy, family and youth of the Federal Minister of finance, the Customs authorities in the scope of their activities to the attention data of type, quality, quantity, value, origin, concluded this to announce origin and destination of goods, as well as data on the movement of persons directly or indirectly involved and companies if these monitoring of this section or directly applicable law of the European Union within the meaning of article 1, paragraph 1 Z 4 subject operations required are. The given data may be used solely for purposes of monitoring the operations of these.

(2) the Federal Minister for economy, family and youth may request the Federal Minister of finance, within its area of effect carry out investigation into all the circumstances which for compliance with the provisions of this section, directly applicable law of the European Union within the meaning of article 1, paragraph 1, no. 4 and the in § 9 para 1 subpara 1 international commitments referred to above are decisive or were. Apply to this investigation the §§ 24 and 25 of the customs law implementation law (ZollR-DG), Federal Law Gazette No. 659/1994, with the proviso that the check not on the persons of § 23 para 1 ZollR-DG are restricted.

(3) the results obtained at the check in accordance with paragraph 2 may be used except for the purposes of the enforcement of legislation in the sphere of the Federal Minister of finance only for purposes of this federal law enforcement.

(4) if doubts occur in customs clearance, whether an operation no. 4 is subject to a permit requirement or a ban due to this Federal Act, or by directly applicable law in the European Union within the meaning of article 1, paragraph 1, of the Federal Minister of finance is authorized to inform the Federal Ministry of economy, family and youth, and to ask them to transfer of more data about this process. The Federal Minister of economy, family and youth has to submit all the necessary data the Federal Minister of finance.

International cooperation

Section 19 (1) who can Federal Minister of economy, family and youth 1 data from process and decisions due to this section or by directly applicable law in the European Union within the meaning of § 1 para 1 No. 4 lit. b, which is a permit granted or rejected a request for approval, and 2. data relating to the suspicion of an operation, a commodity to a recipient could get through, this wholly or partly in a not subject to safety control of IAEA nuclear activities, to the development, production, handling, operation, maintenance or other maintenance, storage, detection, identification , Testing or could use to the spread of nuclear weapons or other nuclear explosive devices or for the promotion of terrorism, the institutions and Member States of the European Union, as well as to other States, international organizations and other intergovernmental bodies pass if this is offered or required to secure the international disarmament, arms control and control of technology transfer due to international commitments. As long as it is not only surveys, may be no doubt on the confidential treatment of personal data by the recipient.

(2) the traffic referred to in paragraph 1 can be done entirely in electronic form.

5. section

Common provisions for the security and export control

Observation and consultation of the market

§ 20. The Federal Minister of economy, family and youth has for the purposes of the implementation of this federal law, as well as directly applicable law of the European Union within the meaning of article 1, paragraph 1 Z 4 measures of the survey of the goods within the meaning of article 1, paragraph 1 Z 17 of relevant market to take and to get the required consultation of the relevant companies to facilitate the achievement of the objectives of this Federal Act. For this purpose, suitable experts are to be used, which advise also the Federal Minister of economy, family and youth in technical questions of security and export control, including the international development in the field of the relevant technology.

Monitoring

§ 21 (1) to monitor the compliance with the provisions of the 2nd and 4th section of this federal law, directly applicable law of the European Union within the meaning of article 1, paragraph 1 of the Federal Ministry of economy, family and youth at any time request Z 4 Z 1 may international commitments referred to above in section 9, paragraph 1, as well as reports and evidence and set a reasonable deadline for its submission and , provided that effective control in some other way cannot be ensured, the participants also book - and storage insight operations using appropriate expert. Is a violation of provisions of this Federal Act, an Ordinance issued on the basis of this federal law, or of directly applicable law in the European Union within the meaning of article 1, paragraph 1 Z 4 proved the parties, they will have to bear the costs of the procedure including the monitoring.

(2) the Federal Minister for economy, family and youth can enter to inspect facilities and means of transport in the framework of the surveillance activities referred to in paragraph 1 in particular 1;

2. the necessary data and information request;

3. the staff of the institution to verify and persons involved in the transport of goods, asking questions;

4. submit documents and records can be, take insight into these and make copies of it;

5. photographs of to inspected facilities, means of transport and objects make let;

6. specimens, remove and allow to analyze and 7 require carrying out of certain operations, provided that the required effort and the costs in proportion to the aim of monitoring the companies from this.

(3) to monitor acts is to be performed in the place of a company or other entity, the owner of the establishment or of the holder is at least a week before carrying out of these actions, noting that it is a verification of compliance with this Federal Act, to communicate. This does not apply to checks on arrangement of IAEA within the meaning of article 6, paragraph 1, or the European Commission pursuant to Chapter VII of the EAEC Treaty.

(4) a notice referred to in paragraph 3 can be omitted if there is reason to believe that a violation of the regulations referred to in paragraph 1 may be. In this case, the proprietor of the establishment be immediately reported to the holder or a representative of such persons when entering the facility or operation. Is the imminent danger and are neither the owner of nor the farmer nor a representative of such persons, a subsequent communication, where is the reasons that have led to the adoption of a law violation, to be sufficient.

(5) in the case of the monitoring activities in the sense of the preceding paragraphs are possible to avoid a disruption of business and every sensation.

(6) as far as this is necessary for the monitoring in the context of paragraph 1, the proprietor of the establishment, the business owner or a representative of such persons have to allow entry, open to and see the land, buildings, containers and means of transport the organs referred to in paragraph 1. Moreover, the persons have to give the necessary information, to submit the necessary documents and, if necessary, to give insight into the records of the inventory, as well as in the other records and to comply with other orders of the Federal Ministry of economy, family and youth within the framework of its powers in accordance with paragraphs 1 and 2.

(7) on any monitoring action in accordance with para 1 to 6 a transcript in the sense of § is § 14 and 15 of the General administrative procedures Act 1991, BGBl. No. 51, to record.

(8) without prejudice to the requests for information existing pursuant to § 5 and reporting requirements regulation, of the Federal Ministry of economy, family and youth may order that all or - company specific with regard to a group of goods – in Austria, that have Z 17 goods within the meaning of article 1, paragraph 1, to exchange the information about input, each to determine storage and output of such goods and the products produced from them to certain deadlines over a must period. As far as such a regulation has been adopted, para 1 to 7 at the insight required by such a regulation in the company, its storage and business records, also by extending appropriate expert, may make the Federal Minister of economy, family and youth in accordance with.

Recording and archiving requirements

§ 22 (1) Whoever causes an operation which Z 4 is subject to an authorisation or a registration due to the 2nd or 4th section of this Federal Act, or by directly applicable law in the European Union within the meaning of article 1, paragraph 1, has to keep records.


(2) records in the 2nd section of this Federal Act shall contain information needed for checking the accuracy of the messages.

(3) records in the context of the 4th section of this Federal Act must especially business documents such as invoices, cargo manifests, transport and other shipping documents contain, can be established against which: 1. the description of the goods including the necessary technical specifications.

2. the quantity of such goods;

3. in the case of approved operations the dates to which the or the affected operations; conducted

4. name and address of all responsible persons or companies;

5. or the Contracting Parties;

6. the recipients of the goods and 7 the end use and the end user.

(4) the parties have to keep the records referred to in paragraph 1 to leading for the purposes of the control referred to in section 21 for at least five years. The time limit for the storage starts to run, in which the operation referred to in paragraph 1 has finished with the end of the calendar year.

Internal security measures

23. (1) persons or companies, a notification under the 2nd section or directly applicable law of the European Union within the meaning of § 1 para 1 No. 4 lit. a subject or with the production of or Z 18 or the design or the transfer of technology in the sense of § 1 para 1 No. 19 involved in the trade in equipment or materials within the meaning of article 1, paragraph 1, have to take appropriate organizational measures to prevent that be stripped of nuclear material or activities security control or the violation of reporting requirements or to operations , that could contradict the requirements of § 12. In the choice of measures, in particular size and object of the company, as well as the categories of goods concerned must be observed.

(2) appropriate measures within the meaning of § 1 are: 1 the appointment of one or more responsible officer within the meaning of § 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 scrupulous compliance with and enforcement of all for the operations referred to in paragraph 1 is relevant legislation and the code of conduct referred to in no. 2, and 4. a regular training and information of persons involved in operations within the meaning of paragraph 1 of the legal conditions for permissible implementation, the conduct referred to in item 2 and the handling of control systems referred to in no. 3.

Responsible officer

Section 24 (1) if it is to maintain compliance with the reporting obligations pursuant to section 5 or the conditions for authorisation in accordance with § 12 is needed, the Federal Minister of economy, family and youth has applying ordering one or more responsible officer with notice to persons or firms within the meaning of article 23, paragraph 1, the or for the entire enterprise or for specific spatially or objectively demarcated areas of the company the responsibility for compliance with the 2nd and 4th section of this federal law including the on its basis adopted regulations and administrative decisions, as well as responsibility of directly applicable law in the European Union within the meaning of article 1, paragraph 1 Z 4.

(2) responsible officer can only natural persons are ordered, the 1st all in accordance with 1991, BGBl. No. 52, requirements § 9 para 4 of the administrative penal code and 2011 to 2 as reliable in the sense of § 51 AußWG be.

(3) the appointment of a responsible officer referred to in paragraph 1 is the Federal Minister for Economics to display family and youth immediately after the notification of the decision referred to in paragraph 1.

(4) a person or company can order one or more responsible officer also by itself. In this case, the order is the Federal Minister of economy, immediately notify family and youth.

(5) the Federal Ministry of economy, family and youth has the dismissal of an ordered person with notice to apply if that person complies with all requirements referred to in paragraphs 1 and 2 or later circumstances occur, which at least one of those conditions is no longer.

(6) if one or more responsible officers referred to in paragraphs 1 or 4 have been ordered, the responsibility for compliance with the provisions referred to in paragraph 1, including the customs clearance comes to them.

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

6 article

Penal provisions

Ensuring

25. (1) the Customs authorities are empowered, nuclear material, equipment or material, to which one referred to in the sections 177a, 177 b or no. 60/1974, offence relates 177 c of the criminal code, Federal Law Gazette, to ensure in accordance with article 110 of the code of criminal procedure (StPO), BGBl. No. 631, 1975. The Customs authorities have to report to the competent public prosecutor's Office without delay by ensuring. Article 111, paragraph 4 shall apply mutatis mutandis StPO.

(2) the conditions of guarantee are not available and can goods the applicant in accordance with article 75 lit. a, 4. painting of Regulation (EEC) No. 2913/1992 on the establishment of the customs code, OJ L 302 of 19.10 1992 not be left no. S. 1, because they are subject to bans or restrictions, are to confiscate these goods by the Customs authorities. About the seizure took place, the Federal Minister for economics is immediately to inform family and youth. The Federal Minister of economy, family and youth has to decide whether to pick up is the seizure and re-export the goods to be returned to the exporter or see by analogy with application of §§ 37 to 52 of the tax execution code, Federal Law Gazette No. 104/1949, exploited or should be destroyed.

Administrative penal provisions

Section 26 (1) who intentionally his duties pursuant to Regulation (Euratom) No. 302/2005 injured, the message of the basic technical characteristics referred to in articles 3 and 4 to 1;

2. the message of the framework programme in accordance with article 5 to submit;

3. booking and operating protocols in accordance with article 7 to 9 to lead;

4. reports and statements in accordance with article 10 to 18 to submit;

5. messages about imports, input, to export or shipment in accordance with articles 20 to 23, or 6 messages in accordance with the specific provisions of articles to reimburse 24 to 32, commits an administrative offence and is imprisonment of up to six weeks or to punish with a fine up to 40 000 euros.

(2) also to punish is who violates intentionally 1 requests for information or reporting requirements in accordance with article 5;

2. without a pursuant to § 7 permission nuclear bypasses or does not meet the requirements or conditions of such approval;

3. the applied information, reports or evidence not or not properly provides him in accordance with section 21 or one who contravenes these obligations in article 21, paragraph 6, or 4 hurt the recording according to section 22 para 1 or the storage obligation pursuant to § 22 para 4.

(3) a person who commits any of the acts referred to in paragraphs 1 and 2 due to negligence, commits an administrative offence and is to be punished by a fine of up to EUR 25 000.

(4) in the cases of paragraph 1 and 2, the attempt is punishable.

(5) in the cases of paragraph 1 to 4 is but for the implementation of the administrative penal proceedings in the first instance the district administrative authority, in the territory of a municipality, for which the National Police Directorate is also a security authority of first instance, the National Police Directorate responsible.

(6) an administrative offence in accordance with paragraphs 1 to 4 do not exists if the Act constitutes a criminal offence falling within the jurisdiction of the courts.

7 section

Final provisions

The customs clearance documents

Section 27 (1) If according to the section 4 of the Federal Act or by directly applicable law of the European Union within the meaning of article 1 para. 1 No. 4 lit. b the proof of a permit requirement for export or transit is must be submitted by the exporter or Durchfuhrverantwortlichen at the responsible customs office, that the respective operation is properly authorized.

(2) the evidence referred to in paragraph 1 is 1 template of permits valid at the time of customs clearance or monitoring documents at the Customs office concerned or 2 quotes of the number of the document in the electronic authorization process.

(3) the transfer of goods to the respective Customs may be carried out only after the completed customs treatment of permits or monitoring documents.

Relationship to other federal laws

As far as the European Union is referenced in this federal law provisions in other federal laws or directly applicable law, these are section 28 (1) in their respectively valid version to apply.

(2) where provisions of federal regulations mentions, which are replaced by this federal law, the provisions of this Federal Act to take their place.


Linguistic equal treatment

section 29. As far as this federal law are personal names only in the male form, they relate to women and men in the same way. When applied to certain persons, the respective gender-specific form is to use.

Entry into force and transitional provisions

30. (1) this federal law with 1 March 2013 enter into force.

(2) article II of the safety control Act 1991, BGBl. No. 415/1992, shall, as far as the following paragraph shall not otherwise determines, with the entry into force of article II of this Federal Act override.

(3) § 18 of the safety control Act 1991 is on criminal offences committed before the entry into force of this Federal Act continue to apply.

Note on notification

§ 31. This federal law was in compliance with the provisions of Directive 98/34/EC establishing an information procedure in the field of technical standards and regulations and of the rules for the services of the information society, OJ No L 204 of 21.07 1998 p. 37, as last amended by Directive 2006/96/EC, OJ No. L 363 of 20.12 2006 notified p. 81 under the Notifikationsnummer 2012/181/A.

Enforcement clause

32. (1) the enforcement of article II as well as the completion of directly applicable European Union law is, as far as the following paragraph shall not else, entrusted to the Federal Minister of economy, family and youth.

(2) are entrusted with the execution of the following provisions: 1. with respect to article 6 of the Federal Ministry of economy, family and youth, in accordance with article 6 para 3 in agreement with the Federal Minister for European and international affairs;

2. with respect to the sections 7 and 8 of the Federal Minister of the Interior, with regard to the regulation referred to in section 7, paragraph 2 No. 2 in agreement with the Federal Minister for agriculture and forestry, environment and water management, after consultation with the Federal Minister of economy, family and youth regarding such systems under the Gewerbeordnung 1994, BGBl. No. 194, or under the mineral raw material act, Federal Law Gazette I No 38/1999 , fall;

3. with regard to section 9 para 1 of the Federal Ministry of economy, family and youth, in accordance with section 9 subsection 3 in agreement with the Federal Minister for European and International Affairs and the Federal Minister of finance;

4. with regard to article 10, par. 2 of the competent Federal Minister within the framework of its scope;

5. with regard to paragraphs 14 and 25 of the Federal Minister for Justice and 6 in terms of section 18 of the Federal Minister of finance.

Fischer

Faymann