187. Regulation of the Federal Government over the powers of the persons delegated to international missions to Bosnia and Herzegovina (EUFOR ALTHEA Regulation)
On the basis of Article 6a par. 3 of the foreign usage Act 2001 (AuslEG 2001), Federal Law Gazette I no. 55, as last amended by Federal Law Gazette I no. 105/2011, in conjunction with § 2 par. 1 of the Federal Constitutional Act on cooperation and solidarity in sending units and individuals abroad (KSE-BVG), Federal Law Gazette I no. 38/1997 as amended by Federal Law Gazette I no. 35/1998 , is prescribed in consultation with the Policy Committee of the National Council:
§ 1. The tasks of foreign used according to § 1 Z 1 lit. a KSE-BVG from Bosnia and Herzegovina in the framework of the EU operation ALTHEA (EUFOR ALTHEA) from the jurisdiction of the Federal Ministry for defence and sports vary according to Security Council resolutions 1031 (1995) of 15 December 1995 and 1575 (2004) of 22 November 2004 outgoing people, the joint action of the Council of the European Union 2004/570/CFSP of 12 July 2004, as well as the other international regulations underlying this overseas deployment. The tasks primarily serve the implementation of the "general framework agreement for peace in Bosnia and Herzegovina" ("Dayton Agreement") and include in particular the
1. securing a permanent cessation of hostilities, 2. assistance in establishing a secure environment, 3. establishment of the limits, 4. support international organizations as well as non-governmental organizations and 5 monitoring of the demining.
Powers and resources
The required data, in particular the data necessary for the identification of persons, may 2 (1) for the fulfilment of the tasks according to § 1 processed and are transmitted to those national and international agencies, the data are required for the fulfilment of their tasks. This authorization applies to sensitive data.
(2) each delegated bodies may obtain information by those persons, that is, they can give useful hints for the fulfilment of the tasks referred to in paragraph 1.
(3) to enforce the following powers, immediate coercive power may be applied by each outgoing organs insofar as it is necessary for the fulfilment of the tasks referred to in paragraph 1:
1. traffic management land and in the air, especially with problems of security, as well as to hedge the spaces required for the execution of the Insert, 2. control and search of persons, in particular to establishing the identity of the persons concerned and the reasons for their stay at the place of the control, as well as to carry out within the framework of the use of any other action needed, 3. provisional detention of persons , if a) reasonable grounds for adoption are available that a danger for the fulfilment of tasks or otherwise assumes this person to be protected persons and things, or b) a person guilty of war crimes, crimes against humanity or genocide to an International Court's arrest warrant is sought or reasonable suspicion exists that a person in connection with organized crime or international terrorism stands or a person for a crime against life, limb or health or freedom red-handed or immediately before or after such an act entering will, 4. signposts of a people) to ward off a potential hazard to life or health or physical integrity by members of the EUFOR or assets of the EUFOR or legal goods to protect others in the context of the use of or b) to the implementation of in the context of the use of any other action needed, 5. establishment and protection of military and non-military security zones and imposition and enforcement of curfews , 6 search and ensure things, a) of which for EUFOR legal goods to protect others in the context of the use of or risk, or b) as far as this to the required measures other within the framework of use of essential is, 7. termination by attacks, including other required measures against EUFOR or legal interests especially to protective others within the framework of the mission, and 8.
Measures to protect and to ensure the EUFOR or by others in the context of use in protecting legal interests, including measures necessary to prepare for this purpose.
(4) in the exercise and enforcement of individual powers is section 4 of the military authority Act (MBG), Federal Law Gazette I no. 86/2000, concerning the principle of proportionality to be applied. The special schemes in use according to § 18 paragraph 5 and article 19, par. 5 MBG may be applied to enforce the powers according to para 3 Z 1 to 8.
Smith of Faymann Spindelegger Hundstorfer Fekter Heinisch-Hosek sands Mikl-Leitner Karl Berlakovich Darabos Bures Mitterlehner Töchterle