Second Foreign Trade Regulation 2011-2Nd Außhv 2011

Original Language Title: Zweite Außenhandelsverordnung 2011 – 2. AußHV 2011

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418. Ordinance of the Federal Minister for Economic Affairs, Family and Youth on the Implementation of the Foreign Trade Act 2011 (Second Foreign Trade Regulation 2011-2. OJV 2011)

Due to the Foreign Trade Act 2011-external HG 2011, BGBl. I n ° 26, in particular pursuant to sections 14 (2) and (3), 54 (2) and 65 (2) and 65 (2), with regard to § § 1, 2, 3, 4, 7 and 8 and the annex with the agreement of the Main Committee of the National Council and in agreement with the Federal Minister for European Affairs and international affairs and the Federal Minister of Finance:

Exemptions from permit requirements for defence equipment

§ 1. (1) Under the conditions laid down in paragraph 2 and without prejudice to paragraph 3, the export and transit of the following goods shall not require any authorisation:

1.

Hunting and sports rifles of subheadings 9303 20 and 9303 30 of the Combined Nomenclature, in accordance with Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, OJ L 139, 30.4.1987, p. No. OJ L 256 of 07.09. 1, as amended, subsequently referred to as the 'Combined Nomenclature';

2.

Revolvers and pistols of subheading 9302 of the Combined Nomenclature and

3.

Cartridges

a)

of subheadings 9306 21 of the Combined Nomenclature, up to a maximum of 6000 units per person, and

b)

Subheading 9306 30 of the Combined Nomenclature, up to a maximum of 300 units per person,

if they are intended for use in goods of Z 1 or 2.

(2) The provisions of the liberation provisions referred to in paragraph 1 shall apply to the goods referred to in that paragraph only if:

1.

the goods are exported exclusively for personal use from the customs territory of the European Union or are carried out by the customs territory of the European Union; and

2.

the exporter or the person responsible for transit either

a)

The possession authorization by submitting the weapon pass according to § 20 of the German Weapons Act 1996-WaffG, BGBl. I n ° 12/1997, as last amended by the Federal Law BGBl. I n ° 4/2008, the weapon possession card according to § 20 WaffG, the certificate according to § 39 paragraph 2 WaffG, the European Firearms Pass according to § 36 WaffG or a document equivalent to this document of another EU Member State can prove, or

b)

the operation of one of the collection stocks of § 47 WaffG or § § 8 or 8a of the First Weapons Act-Implementing Regulation-1. WaffV, BGBl. II No 164/1997, as last amended by the BGBl Regulation. II No 459/2003, and

3.

the nature and number of the goods is covered by the authorization or exemption referred to in Z 2.

(3) The provisions of the liberation provisions referred to in paragraph 2 shall not apply where the export or transit in accordance with paragraph 1 to one in Appendix 1 to 1 is 1. External Trade Regulation 2011-1. AusHV 2011, BGBl. II No 343/2011, referred to as third country.

Unusable weapons

§ 2. No authorisation shall be required for the export, transit and transfer of useless weapons. Unusable weapons are firearms,

1.

which are not war material in the sense of the War Material Act-KMG, BGBl. No 540/1977, as last amended by the Federal Law BGBl. I No 72/2011, and

2.

which have been rendered unusable in the long term, and

3.

whose reactivation as a firearm is no longer possible.

Authorisation requirements and bans on weapons for fringe-fire-legumes

§ 3. (1) The export and transit as well as the transfer of goods referred to in the annex to this Regulation shall be subject to approval by the Federal Minister for Economic Affairs, Family and Youth.

(2) The exclusion from the permit requirement in accordance with paragraph 1 shall be operations which comply with the conditions laid down in § 1 or which relate to goods which are to be regarded as unusable weapons within the meaning of § 2.

(3) prohibitions are, in so far as a corresponding prohibition is not already provided for by the directly applicable law of the European Union within the meaning of Section 1 (1) (c) 24 lit. b External HG 2011 is foreseen:

1.

the export, transit and mediation of goods referred to in the Appendix to this Regulation in third countries, which are listed in Appendix 1 to the 1. AusHV 2011,

2.

other operations within the meaning of Section 1 (1) (1) (23) of the External HG 2011, which result in the transfer of such goods to these third countries; and

3.

the import of such goods from third countries, which are in Appendix 2 to the 1. AusHV 2011 are listed.

(4) Not the prohibition in accordance with paragraph 3, but an authorisation requirement shall be subject to operations within the meaning of paragraph 3 Z 1 and Z 2, which shall be subject to the conditions laid down in Appendix 3 to the 1. OJV 2011 mentioned exemptions are included.

Restrictions on freight transport with China

§ 4. The import of defence-related products within the meaning of § 1 of the 1. Outside HV 2011 and goods from China mentioned in the annex to this Regulation are subject to approval by the Federal Minister for Economic Affairs, Family and Youth.

Proof of the arrival of goods by the recipient

§ 5. (1) Persons or companies carrying out, carrying out or conveying the goods referred to in the Appendix to this Regulation shall be required to provide proof that the goods actually at the specified date shall be issued in accordance with Section 54 (2) (2) of the External HG 2011. The recipients shall be authorised to enter the specified country of destination for the purposes of the authorisation.

(2) This proof shall be provided by a declaration made by the recipient in a personal way.

Records of weapons

§ 6. Persons or companies which are not responsible for the management of a bullbook within the meaning of Section 144 of the Commercial Code-GewO, BGBl. No. 194/1994, as last amended by the Federal Law BGBl. I n ° 111/2010 shall also indicate the production number in the name of the goods referred to in the annex to this Regulation in records in accordance with Section 65 (2) (2) (1) of the External HG 2011.

Notification of notification

§ 7. This Regulation has been adopted in compliance with the provisions of Directive 98 /34/EC, OJ L 96, 30.4.1998 No. OJ L 24 of 21.06. 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 to the European Commission (Notificate 2011 /319/A).

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