132. Federal law establishing a federal law on police cooperation with the Member States of the European Union and the European Police Office (Europol), as well as amending the police cooperation law

The National Council has decided:

table of contents

Article 1 Federal Law on Police Cooperation with the Member States of the	European Union and the European Police Office (Europol) (EU- Police Cooperation Act, EU-PolKG)
Article 2	Amendment of the Police Cooperation Act

Article 1

Federal Law on Police Cooperation with the Member States of the European Union and the European Police Office (Europol), (EU-Police Cooperation Act, EU-PolKG)

table of contents

Part 1

General

§ 1 Scope

§ 2 Definitions

§ 3 Liability

Section 4 Relationship with other acts

Part 2

Europol

Section 5 Cooperation with Europol

§ 6 National Europol Office

§ 7 Posting of liaison officers to Europol

§ 8 Request of Europol to initiate criminal investigations

§ 9 Europol Information System

§ 10 Work files for analysis purposes

§ 11 Use of data from Europol data processing systems by security authorities

§ 12 Storage and deletion periods

§ 13 Use of historical data

Section 14 National Supervisory Body

Section 15 Joint Supervisory Body

Section 16 Right of information

§ 17 Right to the right to correct or delete data

Section 18 Appeal law

Section 19 Control powers

Part 3

Cross border cooperation

Section 20 National Contact Point

§ 21 DNA analysis file

§ 22 Use of data of the DNA analysis files

Section 23 Identification of official data for the purposes of mutual assistance

§ 24 Use of didactyloscopic data

Section 25 Queries on marketing authorisations

§ 26 Use of historical data

§ 27 intervention in the territory of other Member States

Section 28 intervention by institutions of a Member State's security authorities

Section 29 Powers on foreign territory

Part 4

Use of the Visa Information System by security authorities

§ 30 Access to VIS data

Section 31 Transmission to third countries and security organisations

Section 32 Information and rectification

Part 5

Schengen Information System

Section 33 Schengen Information System

Section 34 Further sources of information

§ 35 Tendering of persons for the purpose of delivery or extradition

§ 36 Treatment of calls for tenders for the purpose of handing over or extradition of wanted persons

Section 37 Advance tendering of the end

Section 38 Call for tenders for persons who are sought for participation in a trial

Section 39 Call for tender for persons and property for the purpose of concealed control

Section 40 Call for tenders for securing or securing evidence

Section 41 retention periods

Section 42Position and completion of calls for tenders

Section 43 Right to information

Part 6

Final provisions

Section 44 referrals

Section 45 Linguistic treatment

Section 46 Entry into force

Part 1

General

Scope

§ 1. (1) This federal law regulates the police cooperation between the security authorities and the security authorities of the other Member States of the European Union and the European Police Office (Europol).

(2) To the extent that this federal law does not expressly specify otherwise, the Federal Act on International Police Cooperation (Police Cooperation Act-PolKG), BGBl. I n ° 104/1997, the Security Police Act (SPG), BGBl. No 566/1991, the Information Security Act (InfoSiG), BGBl. I n ° 23/2002, the Official Liability Act, BGBl. No 20/1949, and the Data Protection Act 2000 (DSG 2000), BGBl. I No 165/1999. Judicial cooperation under the Federal Act on Judicial Cooperation in Criminal Matters with the Member States of the European Union (EU-JZG), BGBl. I n ° 36/2004, according to the Law on extradition and legal assistance (ARHG), BGBl. No 529/1979 or inter-State agreements shall remain unaffected.

Definitions

§ 2. In the sense of this federal law means

1.		Member State: any State Party to the Treaty on European Union in the version of BGBl. III No 85/1999, as amended by BGBl. III No 4/2003, and BGBl. III. No 54/2004 (TEU), where agreements with third countries or with international organisations are concluded by the European Union in accordance with Title VI of the Treaty on European Union, these agreements shall be concluded within the framework of the relevant provisions of the Treaty on European Union. To keep the agreements on the same footing as the Member States (Art. 24 and 38 TEU);
2.		Third State: a State which does not fall under Z 1.

Liability

§ 3. (1) As far as damage has been caused by incorrect or unlawful use of data by Europol in Austria, the Federal Government shall be liable in accordance with the provisions of the Official Liability Act, with the proviso that in any case the Regional Court shall be responsible for: Civil law in Vienna is responsible in the first instance. If the damage was caused by Europol or the institutions of another Member State, the Federal Government, for its part, has to take recourse to Europol or the other Member State.

(2) The Federation shall, at its request, reimburse a Member State to the amount which the Member State had to pay to the injured parties if Austrian institutions of the public security service are used in that Member State. have caused damage. Where organs are damaged by the security authorities of other Member States in Austria and the federal government has to pay compensation under the law of law, that amount must be requested by that Member State whose organs are damaged by the damage caused by the damage caused by the damage caused by the damage caused by the , this does not apply to the damage caused by the Federal Government, which the institution has caused in its use in mass events, disasters and serious accidents.

(3) Where damage has been caused by incorrect or illegitimate use of data in the Schengen Information System by its institutions, the Federal Government shall be liable in accordance with the provisions of the Official Liability Act. The same shall apply to damage caused by an access to the Schengen Information System which is attributable to the Federal Government. To the extent that the Federal Government has suffered damage from the access of a State participating in the Schengen Information System to the Schengen Information System, the Federal Government has to take recourse to this Member State.

Relationship with other acts

§ 4. (1) The provisions of the 3. Parts are to be found in relation to the individual contracting parties to the Prüm Treaty, BGBl. III No 159/2006, when these are applied to their respective Union legal obligations under Decision 2008 /615/JHA on the stepping up of cross-border cooperation, in particular in the fight against terrorism and Transnational crime, Official Journal No. OJ L 210, 6.8.2008, p. 1 -11 (Prüm Decision). From these respective points in time, the provisions of the Prüm Treaty concerning the comparison of DNA profiles, the production of molecular genetic material and the transmission of DNA profiles, the retrieval of dactyloscopic data, as well as the the retrieval of data from vehicle registers shall not be applied further. The Federal Minister of the Interior has made these points of time in the Federal Law Gazprom.

(2) The second part of this Federal Law (Europol) replaces, with the entry into force of this Federal Act, the Convention on the basis of Article K.3 of the Treaty on European Union on the establishment of a European Police Office (Europol Convention), BGBl. III. No 123/1998, together with the BGBl amending protocols. III No 193/1998, BGBl. III, No 81/1999, BGBl. III No 120/2007, BGBl. III No 121/2007 and BGBl. III No 122/2007. Furthermore, the Protocol is based on Article K.3 of the Treaty on European Union and Article 41 (3) of the Europol Convention on the Privileges and Immunities of Europol, the members of the institutions, the Vice-President of the European Parliament and the Council of the European Communities. Directors and staff of Europol, BGBl. III. No 131/1999, as last amended by BGBl. III No 120/2007, no longer apply. Instead, the Protocol on the Privileges and Immunities of the European Communities, BGBl. No 24/2000, application.

(3) The 5. Part of this Federal Act (Schengen Information System) shall enter into force as from the date specified by the Council, with the agreement of all the members representing the governments of the States participating in the SIS 1 +. By that date, the provisions of this Federal Law shall be applied instead of Articles 64 and 92 to 119, with the exception of Articles 92a and 102a of the Schengen Convention. The Federal Minister of the Interior has made this point in the Federal Law Gazprom.

Part 2

Europol

Cooperation with Europol

§ 5. (1) Police cooperation with Europol shall include the prevention and control of criminal offences in the field of organised crime, terrorism and other forms of serious crime, in accordance with Annex 1 , if two or more Member States are concerned.

(2) Police cooperation with Europol shall also cover offences relating to and committed under the terms of paragraph 1 of this Article;

1.		to obtain the means of committing acts falling within the competence of Europol,
2.		to facilitate or to carry out acts which fall within the competence of Europol, or
3.		in order to ensure that actions falling within the competence of Europol remain unpunishable.

National Europol Office

§ 6. (1) The Europol National Authority shall be responsible for all access to Europol information systems and contact with Europol.

(2) The National Europol Agency shall, in particular, be responsible for:

1.		to provide Europol, on its own initiative, with the information and knowledge needed for Europol to carry out its tasks;
2.		Information, knowledge and advice to be answered by Europol;
3.		to keep up-to-date information and findings;
4.		to evaluate and communicate information and findings to the security authorities;
5.		to send information, knowledge, advice and analysis to Europol;
6.		transmit information for storage in its databases to Europol;
7.		to ensure the legality of the exchange of information with Europol.

(3) Where other safety authorities, as the National Europol Agency, carry out queries from the Europol Information System, the result of the inquiry may only be seen as to whether a requested data record is available in the Europol Information System or not. Further information can be obtained exclusively through the National Europol Agency.

(4) The National Europol Agency may grant consent to the transfer of data by Europol to bodies of the European Union, third countries and security organisations (§ 2 para. 2 (2) (2) and (3) PolKG) subject to conditions (§ 8 para. 1 PolKG). Consent may be granted in general or restricted and may be revoked at any time. In the event of the reasons cited in § 8 para. 2 PolKG, consent shall be refused.

Deployment of liaison officers to Europol

§ 7. (1) The National Europol Agency shall send the necessary number of liaison officers to Europol. The liaison officers shall be members of the Europol National Centre.

(2) The liaison officers posted to Europol shall be responsible, in particular:

1.		the exercise of the interests of Austria in relation to Europol in the context of its task;
2.		the transmission of information from the Europol National Centre to Europol;
3.		the forwarding of information from Europol to the National Europol Stelle;
4.		cooperation with Europol staff in the performance of the tasks assigned to Europol;
5.		assistance in the exchange of information provided by the National Europol Office with the liaison officers of other Member States.

Request by Europol to initiate criminal investigations

§ 8. The National Europol Agency shall have the request of Europol to receive, conduct or coordinate investigations, to examine, if necessary, to forward to the competent authorities and to inform Europol as to whether: the investigation which is the subject of the request. In so far as requests from Europol have been received by downstream security authorities, they shall submit the request without delay to the National Europol Body.

(2) In so far as the National Europol Agency is unable to comply with the request, it shall inform Europol on the grounds of the request. An explanatory statement may be omitted if significant national security interests or the success of ongoing investigations or the safety of persons would be put at risk.

Europol Information System

§ 9. (1) The National Europol Agency and the liaison officers are authorised to give persons who have been convicted of or suspected of being involved in an offence for which Europol is responsible or suspects of such a criminal offence. , or if, on the basis of certain facts, it is to be assumed that such offences are to be committed, to process the following data in the Europol Information System, in so far as this is done on a case-by-case basis and in order to fulfil the tasks is required:

1.		Name, birth name, first name, alias, if applicable;
2.		birth date and place of birth;
3.		Nationality;
4.		Gender;
5.		the place of residence, occupation and place of residence of the person concerned;
6.		Driving licences, identification documents and passport data;
7.		in so far as other characteristics appropriate for the determination of identity, in particular objective and immutable physical characteristics such as dactyloscopic data and DNA profiles taken from the non-coding part of the DNA, are necessary.

(2) Under the conditions set out in paragraph 1, the following data may also be processed by the Europol National Centre and the liaison officers in the Europol Information System:

1.		Convictions, in so far as they relate to criminal offences for which Europol is responsible;
2.		Suspicions of criminal acts, suspected or identified tides, crime scenes and procedures;
3.		Materials which could be used or which could be used;
4.		Suspicion of belonging to a criminal organisation;
5.		information on legal persons;
6.		the leading departments and their files;
7.		Input location.
This data may also be processed if there is no personal reference yet.

(3) The National Europol Agency and the liaison officers shall carry out amendments, rectification and deletion of data exclusively in respect of the data entered by them.

(4) The National Europol Agency and the liaison officers shall immediately inform the Office of any evidence that the data entered has been or may have been or may have been processed inaccurate, incomplete or unlawfully. that entered the data.

(5) If data are already stored in the Europol Information System in accordance with paragraph 2 to a person, the entry of further data in accordance with paragraph 2 shall be permissible; however, the data to be entered shall be in contradiction with the data already entered, the data shall be National Europol body shall be in a position to vote with the body which has already entered such data.

(6) Where the National Europol Agency of a Member State intends to delete the personal data entered into by it in accordance with paragraph 1 as a whole, and the Austrian National Europol Agency has entered into that person data in accordance with paragraph 2, the data protection legal responsibility and the right to amend, supplement, rectify and delete data as referred to in paragraph 1 shall be transferred to the Austrian National Europol Agency if it is the next data as referred to in paragraph 2 of this Article .

Analysis work files

§ 10. (1) The National Europol Agency and the liaison officers shall be authorised to provide Europol with information on the preparation of work files for the purposes of analysis of criminal offences falling within its competence, provided that the security authorities are responsible for the Information may also be processed in accordance with § 53a (2) SPG for the preparation of analyses.

(2) The transmission and processing of sensitive data (§ 4 Z 2 DSG 2000) is only permissible if this data is essential for the analysis activity and this data supplements other personal data already contained in the same file.

(3) The National Europol Agency is authorised to lay down requirements in accordance with Section 8 (3) of the Polar Act, which must be observed in the further processing of the data transmitted. In particular, it is possible to determine whether the data transmitted should be available to all or only certain Member States or whether the data may only be used for explicitly defined purposes.

Use of data from Europol data processing systems by security authorities

§ 11. (1) The security authorities are authorised to collect data from data-processing systems operated by Europol for the purposes of preventing and combating criminal offences in the field of organised crime, terrorism and other forms of crime crime, as well as related offences.

(2) If the use of the data is subject to certain conditions, these conditions must not be dismissed without the consent of the authorities which have been notified.

(3) The use of data for purposes other than those to which it has been transmitted shall be permitted only with the consent of the transmitting authority. The use to verify the legality of the use of such data is excluded from this.

Storage and deletion periods

§ 12. The National Europol Agency shall, at the latest every three years, examine the data which it has entered into the Europol Information System to determine whether a storage beyond those three years for the performance of Europol is carried out. Tasks are necessary. If the examination reveals that the data for the performance of Europol's tasks are no longer necessary, they shall be deleted immediately by the Europol National Agency.

(2) A security authority shall delete data transmitted to Europol by the National Europol Agency.

(3) The deletion of the data referred to in paragraph 1 shall not be required if it impairs the protection of the interests of a person covered by the data and gives the consent to the re-use of their data.

Historical usage

§ 13. Protocol records drawn up by Europol to verify the legality of the data retrieval from its automated files may be used by the national supervisory authority, the joint supervisory authority and Europol exclusively for the purposes of this Regulation. shall be used. They must be deleted after eighteen months, unless the data is still needed for ongoing control.

National Supervisory Body

§ 14. The National Supervisory Body is the Data Protection Commission. It is responsible for checking the admissibility of input in information processing systems under Chapter II of the Europol Decision and of the retrieval of personal data from such systems and the control of any transfer of personal data. Data sent to Europol by Austrian authorities and their bodies. Without prejudice to the powers provided for in Articles 30 and 31 of the DSG 2000, the National Europol Agency and the liaison officers of the National Supervisory Body shall have access to their premises and their files. Files of the National Supervisory Body shall be transmitted via the appropriate request.

Joint Supervisory Body

§ 15. (1) The Joint Supervisory Body, in accordance with Article 34 of the Decision establishing the European Police Office (Europol), Official Journal No. 37 to 66, the National Supervisory Body must appoint a maximum of two members and one deputy to the National Supervisory Body. These shall be appointed for a period of five years and shall not be bound by any instructions in the performance of their duties.

The National Europol Body and the National Supervisory Body shall assist the Joint Supervisory Body at their request in the performance of their duties.

Right of information

§ 16. (1) Everyone may contact the National Europol Agency for information on the processing of personal data relating to Europol. The National Europol Agency shall forward this request for information without delay and at the latest within one month from the date on which the request for information to Europol has been requested.

(2) The National Europol Agency shall be opposed to the reply to the request for information by Europol, if:

1.		in this way, foreign policy, economic or financial interests of the Republic of Austria could be infringed,
2.		the proper performance of Europol's tasks could be compromised,
3.		this is necessary for the maintenance of public security or for the investigation and prosecution of criminal offences,
4.		that investigations could be affected, or
5.		the overriding legitimate interests of the person concerned or of third parties are infringed.

Right of correction or deletion of data

§ 17. (1) Unright or unlawfully processed data processed by the Europol National Authority or the liaison officers in the Europol Information System or transmitted to Europol shall be corrected or deleted by the Europol Information System. Europol must be informed.

(2) Where incorrect or unlawfully processed data have been transmitted to other Member States or third countries, such data shall be immediately informed and it shall be applied to them to correct or delete the data.

Right of appeal

§ 18. If a complaint is submitted to the National Europol Body for the purposes of granting or not of the information or violation of the right to correct and delete data, the complaint shall be made to the Joint Supervisory Body forward.

Powers of control

§ 19. (1) Everyone may request the Joint Supervisory Body at appropriate intervals to verify the legality of the use of its personal data by Europol.

(2) Everyone has the right to request the national supervisory authority, the lawfulness of the input and the transmission of data concerning him to Europol and the retrieval of such data by the National Europol Office and the liaison officers. ,

Part 3

Cross border cooperation

National Contact Point

§ 20. (1) For the purposes of this Part, "National Contact Point" shall mean the bodies designated by each Member State for the automated comparison of DNA profiles, for automated retrieval of dactyloscopic data and for automated comparison of DNA profiles. Retrieval of data from national vehicle registers is justified.

(2) The National Contact Point for Austria is the Federal Minister for Home Affairs.

DNA Analysis File

§ 21. (1) The DNA analysis file is part of the data processed by the security authorities in accordance with § 75 SPG, which contain the DNA profiles of certain people (personal profiles) and the DNA profiles of unknown (open tracks).

(2) DNA profiles as referred to in paragraph 1 may only be in the form of a letter or numerical code which maps a number of identification features of the uncoded part of an analysed human molecular structure to the different DNA loci; In the non-coded part of the DNA, no genetic information on the functional properties of an organism may be contained. DNA profiles must not contain data on the basis of which a person can be identified directly.

(3) The DNA profiles are to be provided with identifiers which are used as site records

1.		to recognize the record as that of a known person or an open track,
2.		to map to the identity data of a particular person, and
3.		it has been issued as a date mediated by domestic authorities.

Use of data from the DNA analysis files

§ 22. (1) The Federal Minister for the Interior shall have the National Contact Points of the other Member States to investigate and prosecute judicial acts which fulfil the conditions for the release of a European Arrest Warrant, the To open access to the DNA analysis file in remote data traffic in such a way that it can automatically compare all DNA profiles processed in the DNA analysis file (§ 21 paragraph 1), each with their nationally stored open tracks. It is also possible to give them the opportunity to compare personal profiles with these DNA profiles in the context of a specific identification in the long-distance traffic.

(2) The Federal Minister for the Interior is empowered to automate the DNA profiles processed in the DNA analysis file by means of remote data traffic, in order to clarify and prosecute judicial offences, with all the data in the analysis files of the to compare DNA profiles processed by other Member States. Personal profiles may only be compared with DNA profiles on long-distance data processed by the security authorities of other Member States, if this is necessary in a specific case.

(3) In the course of an automated comparison, where security authorities of other Member States establish a conformity with DNA profiles, the National Contact Point of the National Contact Point of the Member State in question shall have the DNA profiles, with which agreement has been established and, in addition, only an associated identifier, which allows an association with the identity data of a particular person, to be transmitted in an automated manner. If no agreement can be found, the National Contact Point shall also be informed in an automated manner.

(4) In the event of conformity in accordance with paragraph 2, the relevant data and the necessary additional information may be further processed by the security authorities.

(5) If a match of DNA profiles is found, the transmission of data beyond DNA profiles and the associated identification according to the existing official and legal aid schemes is determined.

Identification of official data for the purposes of mutual assistance

§ 23. (1) The security authorities are empowered to carry out recognition services to persons where this is necessary in order to provide assistance to a security authority of another Member State, and this measure shall also be carried out in a similar manner to that of the security authorities. national cases may be allowed.

(2) A recognition service measure as referred to in paragraph 1 may only be carried out if a duly substantiated request is made, from which the competent authority in each case makes the declaration that the conditions for this measure have been met by: be permitted under the relevant law and the measure is necessary for an ongoing investigation or criminal proceedings in the Member State concerned.

(3) The persons affected by the measures referred to in paragraph 1 shall be obliged to participate. § 77 SPG applies.

Use of dactyloscopic data

§ 24. (1) The Federal Minister of the Interior has access to the National Contact Points of the other Member States for the defence of dangerous attacks and for the investigation and prosecution of acts of criminal law which have been processed in accordance with § 75 SPG. To open dactyloscopic data on long-distance data traffic in such a way that it can automatically compare personal profiles with these dactyloscopic data within the framework of a concrete identification in the long-distance traffic.

(2) The Federal Minister for the Interior is empowered to match the dactyloscopic data identified by the security authorities with those of the authorities responsible for the defence of dangerous attacks and for the investigation and prosecution of acts of criminal offence. the security authorities of other Member States shall be processed for this purpose. If there is a match in the case of such a comparison, these data and related information may be further processed by the security authorities.

Where the security authorities of other Member States establish a conformity with dactyloscopic data, the National Contact Point of the Member State in question shall be the dactyloscopic data with which agreement has been established. , and, in addition, only an associated identifier, which permits an association with the identity data of a particular person, is to be transmitted in an automated manner. If no agreement can be found, the National Contact Point shall also be informed in an automated manner.

(4) If a match of dactyloscopic data is found, the transmission of data beyond dactyloscopic data and the corresponding identifier shall be based on the existing official and legal aid schemes.

Queries from marketing authorisations

§ 25. (1) The Federal Minister of the Interior shall have the National Contact Points of the other Member States for the prevention of general dangers and for the investigation and prosecution of criminal offences, which shall be laid down in accordance with the law of the State of the requesting contact point in the Jurisdiction of the courts or the public prosecutor's office, as well as for the defence of risks to public security, to enable queries arising from the marketing authorisation in accordance with Section 47 (4) of the KFG in the long-distance traffic.

(2) Queries referred to in paragraph 1 shall be admissible only if either a complete chassis number or a complete identifier is used as the query criterion. The information given on the basis of such a query shall be restricted to the owner of the authorisation and to the particulars relating to the motor vehicle.

(3) The security authorities are empowered to repel general dangers and to investigate and prosecute judicial offences, by way of the Federal Minister for Home Affairs, queries from vehicle registers of the other Member States if the query criterion used is a complete license plate number or a complete chassis number.

Historical usage

§ 26. Historical data according to § § 22, 24 and 25 shall be kept for two years and shall be deleted immediately after the expiry of this period. They may only be used for the purposes of controlling the use of personal data. The Federal Minister of the Interior shall make available to the Data Protection Commission, at the request of the Data Protection Commission, data without delay, but no later than within four weeks after the request has been made.

Intervention in the territory of other Member States

§ 27. (1) At the request of a Member State, the Federal Minister of the Interior is authorized, in the event of a risk of default or of a mass event, a disaster or a serious accident, to protect life, health or property. to send appropriate public security bodies to that Member State in order to carry out certain operations.

(2) In addition, with the agreement of the Federal Minister of the Interior to intensify the police cooperation, bodies of the public security service may be sent to another Member State and with the common perception of tasks in order to maintain public peace, order and security or the criminal police in the host Member State.

Intervention by institutions of a Member State's security authorities

§ 28. (1) The Federal Minister of the Interior is authorized in the event of danger in default, in order to protect life, health or property, or to cope with a mass event, disaster or serious accident for the posting of appropriate organs of the security authorities of other Member States.

(2) In addition, the Federal Minister of the Interior for the intensification of police cooperation may, with the consent of the sending State, institutions of the security authorities of other Member States with the performance of tasks for the maintenance of the public peace, order and security, or the criminal police in the federal territory.

(3) The co-operating bodies of the security authorities of other Member States shall be subject, in the case of their operations pursuant to paragraphs 1 and 2, to the management and instructions of the locally competent security authorities.

Powers conferred on foreign territory

§ 29. (1) The institutions of the security authorities of other Member States shall have the same powers and responsibilities as Austrian institutions of the public security service in the cases of § 28 in the course of their use. They will be treated in relation to crimes they commit or are committed to, such as Austrian officials.

(2) The institutions of the security authorities of other Member States shall be entitled to:

1.		to wear their uniform;
2.		carry out their service weapons, ammunition and other equipment, unless the safety authority has, on a case-by-case basis, other means;
3.		enter Austria with a valid passport with a photograph and signature and stay as long as it is necessary for the implementation of the mission;
4.		to use service vehicles for cross-border use;
5.		to use the necessary technical means necessary for the performance of the tasks.

(3) Paragraph 2 shall also apply to participation in joint training courses and subtleties.

(4) The vehicles used are equivalent to the vehicles of the Austrian safety authorities with regard to the exemption of traffic bans and traffic restrictions.

(5) The Austrian bodies of the public security service are authorized to use their uniforms, weapons of service, ammunition, other means of transportation, means of transport and other equipment necessary for the use of such equipment, to which they are entitled: , provided that this is permitted under the law of the requesting Member State and if binding international law is not contrary to the law.

Part 4

Use of the Visa Information System by security authorities

Access permission to VIS data

§ 30. (1) The security authorities shall be authorised to issue the following data from the Visa Information System (VIS) if this is done on a case-by-case basis for the purposes of the prevention, detection and investigation of terrorist offences in accordance with § § 278b and 278c StGB and other serious criminal offences, as referred to in Annex 1, Part A of the EU-JZG,

1.		Surname, birth name, previous surname, first name (s), sex, date, place and country of birth;
2.		Current nationality and nationality at birth;
3.		the type and number of the travel document, the issuing authority, the date of issue and the expiry of the validity of the document;
4.		the main destination and duration of the planned stay;
5.		the purpose of the journey;
6.		planned day of entry and exit;
7.		the planned entry point for the first entry or the planned transit route;
8.		Place of residence;
9.		fingerprints;
10.		the type and number of the visa;
11.		to the person who issued an invitation and to the person who is obliged to bear the costs of the applicant's living during the stay: surname, previous surname, first name (s), gender, date, place and country of the Birth and nationality.

(2) The data is the same as the data stored in a person, and the security authorities are authorized to do so.

1.		any other data which is available for the purpose of issuing a visa;
2.		light images;
3.		Data previously issued, rejected, cancelled, cancelled or extended
		to use.

Transmission to third countries and security organisations

§ 31. The transfer of personal data requested from the VIS to the security authorities of third countries and international security organisations is only permitted

1.		in the event of danger in default for the prevention and detection of terrorist offences or of other serious criminal offences, and
2.		only with the agreement of the Member State which has entered the data in the VIS.

Information and rectification

§ 32. (1) To the extent that information is to be provided on the data requested which have been entered in the VIS by another Member State, the information may only be provided if the Member State has previously been given the opportunity to comment. If requested data have been entered by an Austrian authority which is not a safety authority, it shall be required to obtain its consent before the date of exchange of information.

(2) if there is evidence that data processed in the VIS may be stored inaccurate or unlawfully, it shall be notified of the position which the data has entered into the VIS.

Part 5

Schengen Information System

Schengen Information System

§ 33. (1) For the purpose of tendering persons and property, the security authorities shall jointly implement a central data application, the national Schengen Information System (N.SIS II). They shall have these data available to other Member States by means of the central data application. Schengen Information System (CS.SIS). They are authorised to identify calls for tenders issued by the competent authorities of other Member States by means of the central Schengen Information System and to further process and use the other data in the N.SIS II. The Federal Minister of the Interior is responsible for the management of the national Schengen Information System for the task of the operator in accordance with § 50 of the German Data Protection Act 2000.

(2) Only the following data may be processed in the Schengen Information System:

1.		Last name (s) and first name (s), birth name (s) and previous name (s) and aliases;
2.		particular immutable physical characteristics;
3.		Place of birth and date of birth;
4.		Gender;
5.		light images;
6.		fingerprints;
7.		Nationality (s);
8.		the indication of whether the person is armed or violent or has escaped;
9.		the reason for tendering;
10.		the issuing authority;
11.		a reference to the decision which is based on the invitation to tender;
12.		measure to be taken;
13.		Links to other tenders in the system;
14.		the nature of the offence.

(3) Fingerprints and photographs may only be used to verify the identity after an alphanumeric query. In addition, fingerprints may also be used as a selection criterion for a query, in so far as the technical and European legal requirements exist.

(4) In any case, calls for tenders must include the information on paragraph 2 (1), (4) and (12) and, if applicable, Z 11. In addition, all data types referred to in paragraph 2 shall be cited as far as they are available.

(5) invitations to tender in the Schengen Information System may only be issued if this appears to be absolutely necessary with regard to the measure (Section 29 of the SPG).

(6) Apart from the security authorities, and without prejudice to the query rights granted to the tax authorities in the area of the Federal Ministry of Finance under other legislation, a query authorization shall be allowed in the course of Data transmission only to the Federal Minister of Justice and to the courts and public prosecutors for the purposes of criminal proceedings shall be granted in so far as this is necessary for the performance of their duties.

(7) Data processed in accordance with paragraph 1 by the security authorities may not be passed on by these authorities to authorities of third countries or international organisations.

(8) In addition to the types of data referred to in paragraph 2, no personal data may be processed which reveal the racial origin, political views or religious or other beliefs or the health or the health of the person. Sexual life.

Additional information

§ 34. (1) The security authorities shall make available to the Sirene Office all the documents which are based on the alerts in the Schengen Information System.

(2) As far as security authorities of other Member States require additional information on calls for tenders issued by the security authorities, they shall be issued by the Sirene office on the basis of the documents referred to in paragraph 1.

(3) If the exchange of additional information is supported by automation, personal data shall be deleted if it is no longer needed for the purpose pursued. In any event, they shall be deleted no later than one year after the deletion of the relevant invitation to tender.

(4) Section 33 (8) shall also apply to supplementary information.

Invitation to tender of persons for the purpose of delivery or delivery

§ 35. (1) The security authorities are empowered to enter data on persons in the Schengen Information System at the request of the courts or public prosecutors, according to which the European arrest warrant has been issued for the purpose of surrender or for purposes of the purpose of the transfer. the extradition is sought.

(2) (1) also applies to persons who, for the purposes of surrender detention, are subject to an arrest warrant based on an agreement between the EU and a third country in which an invitation to tender for such arrest warrants is issued in the Schengen area. Information system has been provided for.

(3) In the case of an invitation to tender on the basis of a European arrest warrant, the latter shall be processed in a copy of the original in the Schengen Information System.

(4) In the event of an invitation to tender for the purpose of delivery or extradition detention, the issuing security authority shall, in any event, provide the authorities of the other Member States as additional information (§ 34):

1.		the identity and nationality of the requested person;
2.		name, address, telephone number and fax number and e-mail address of the issuing courts or public prosecutor's offices;
3.		an indication as to whether an enforceable judgment, an arrest warrant or any other enforceable judicial decision with the same legal effect is available;
4.		the nature and legal assessment of the offence;
5.		the description of the circumstances in which the offence was committed, including the time of the offence, the crime of crime and the nature of the person's participation;
6.		in the case of a final judgment, the sentence imposed or the penalty frame required by law for the offence in question in the Member State of issue;
7.		as far as possible, the other consequences of the offence.

(5) Where it is not possible to carry out the transfer or extradition detention on the basis of other legal provisions or international obligations, the issuing safety authority shall have the Sirene office of that Member State which has the to request that the invitation to tender should be marked accordingly. Tenders of this type shall be considered as invitations to tender for the purpose of determining their residence.

(6) An invitation to tender referred to in paragraphs 1 and 2 shall be subject to the effects of an order of arrest and invitation to tender in accordance with the provisions of the Code of Criminal Procedure in 1975. If, therefore, a person is entered on the territory of the country on the basis of an invitation to tender in accordance with paragraph 1 or 2, it must be arrested by the public prosecutor's office without delay, and must be delivered to the judicial institution of the competent court (§ 172 StPO).

Treatment of alerts issued by a Member State for the purpose of handing over or extraditing wanted persons

§ 36. If an arrest is not possible on account of a court decision refusing the arrest or in the case of an invitation to tender for the purposes of extradition due to an examination which has not yet been completed, the invitation to tender shall be deemed to be: Call for tenders for the determination of their residence.

Tendering of Abusual

§ 37. (1) The security authorities are authorised to tender in the Schengen Information System in the cases referred to in Article 57 (1) (7) to (9) of the SPG.

(2) If a person has been found to be an abusive person in the Schengen Information System by the security authorities of another State, the residence of the end-of-stay shall be notified to the Sirene office which is issuing the alert. If the end-of-year person is of age, the communication of the consent of the found person is required. In any case, it is permissible to inform the issuing Sirene office and the person who has reported to the person concerned that the person has been found without being informed of the whereabouts of the person concerned.

Call for tenders for persons to be sought for participation in a court case

§ 38. (1) The security authorities shall be empowered to enter data relating to the following persons in the Schengen Information System at the request of the courts or public prosecutors for the purpose of determining the place of residence or residence:

1.		who are wanted as witnesses in a judicial criminal case;
2.		those who have been summoned to court or are being sought for the purpose of the summons in the context of criminal proceedings in respect of acts which are being prosecuted for their own purposes;
3.		to be notified of a criminal case or other documents in the course of criminal proceedings for acts of which they are being prosecuted;
4.		which have to be served as convicts for the charge of taking up a judicial custodial sentence.

(2) Where the residence or residence of a person advertised in accordance with paragraph 1 is established, the Member State issuing the alert shall be informed and shall be informed of the place of residence or residence.

Invitation to tender for persons and property for the purpose of concealed control

§ 39. (1) The security authorities are empowered to enlist persons for the purpose of covert control in the Schengen Information System in order to investigate and prosecute acts of criminal offence and to repel dangerous attacks, if:

1.		on the basis of certain facts, it is to be assumed that a person is planning or committing an offence set out in Annex I to the EU-JZG, or
2.		the overall assessment of a person, in particular on the basis of the offences committed so far, can be expected to commit an offence listed in Annex 1, Part A, to the EU JZG in the future.

Calls for tenders for land, water and aircraft and containers for covert checks in the Schengen Information System shall be permitted where there is evidence that a connection to the cases referred to in paragraph 1 (1) (1) and (2) of this Article shall be established. .

(3) In the event of a call for tenders as referred to in paragraph 1, the security authorities shall be authorized to identify the following information and to submit it separately to the issuing body:

1.		data relating to the occupants and the accompanying persons of the land, water or aircraft, where it is reasonable to assume that they are in contact with the persons advertised;
2.		Travel route and destination;
3.		the collection of the person advertised or of the country, water or aircraft or container advertised;
4.		details of the finding of the person or of the land, water or aircraft or container;
5.		the place, time or event of the control;
6.		Information on the land, water or aircraft used or the container used;
7.		, as well as any items that are carried along.

(4) In so far as calls for specific checks appear in the Schengen Information System, these must be treated as invitations to tender for covert checks.

Tendering of property for securing or securing evidence

§ 40. (1) The security authorities are empowered to issue items in the Schengen Information System for the purpose of pundits, if they are sought in criminal proceedings in order to ensure that they are secured or proof of evidence.

(2) The following items may be written out in accordance with paragraph 1:

1.		motor vehicles with a cylinder capacity of more than 50 ccm, watercraft and aircraft;
2.		trailers with an unladen weight of more than 750 kg, caravans, industrial equipment, outboard engines and containers;
3.		firearms;
4.		Blank documents stolen, fallen or otherwise lost;
5.		Identity documents, such as passports, identity cards, driving licences, residence permits and travel documents, which have been stolen, lost or otherwise lost or declared invalid;
6.		Motor vehicle registration certificates and vehicle registration certificates, which have been stolen, understated, otherwise lost or declared invalid;
7.		banknotes (registration money);
8.		Securities and instruments of payment such as cheques, credit cards, bonds, shares and equity securities, which have been stolen, undershot, otherwise lost or declared invalid.

(3) In the case of a request for a request to be made by the security authorities of another Member State, the Member State issuing the request shall be informed and the circumstances shall be notified to the Member State concerned. For this purpose, the transfer of personal data in accordance with § 33 paragraph 2 Z 1 is also permissible. In the absence of a security order, the security authorities may carry out a guarantee under the conditions set out in § 110 (3) of the StPO. The other procedure is governed by the provisions relating to the freezing or seizure of property in criminal proceedings.

Storage periods

§ 41. The security authorities shall examine the alerts they have entered into the Schengen Information System at the latest every three years from their entry to the need for further storage. For the purposes of covert control, this period shall be one year in respect of alerts on persons, and five years for the purpose of tenders for the property. Calls for tenders for the purpose of securing or securing evidence in criminal proceedings shall be reviewed at the latest every ten years to determine whether storage beyond this period is necessary.

Setting up and completing calls for tenders

§ 42. (1) Changes, additions, corrections and updates of data in the Schengen Information System may only be carried out by the security authorities with regard to the calls for tenders which they themselves make.

(2) Where a safety authority has evidence that data relating to a tendering procedure in the Schengen Information System have been stored inaccurate or unlawfully, it shall, in so far as it relates to calls for tenders from other Member States, notify this by the Sirene office immediately, but at the latest within 10 days.

(3) If there are indications that doubts arise as to the unequivocal distinctness of persons who have been issued, the safety authority shall, in so far as it is not an invitation to tender issued by itself, shall have the facts: to clarify and to exchange additional information with the issuing body through the Sirene Office. The safety authority shall, in so far as it is necessary for the clear identification of a person advertised by it, supplement the invitation to tender for additional information.

(4) If there is a possibility that a person not affected by a tendering procedure will be confused with a person actually advertised, the safety authority may, with the express consent of the person concerned, make the call for tenders for the name, to supplement special immutable physical characteristics, date and place of birth, sex, photograph, fingerprints, nationality and data of identity documents. Interested parties should be reminded of this possibility. Your data may only be used to determine that they are not affected by the invitation to tender.

Right of information

§ 43. In the case of information pursuant to § 26 DSG 2000, data entered by another Member State may be notified only if the Member State which has entered the data has been given the opportunity to comment.

Part 6

Final provisions

References

§ 44. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version. References to other legal norms relate to the rule of law at the time of the denial of the reference under this Federal Act.

Linguistic equality

§ 45. As far as the names of natural persons referred to in this Federal Act are given in male form, they relate to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

entry into force

§ 46. This federal law comes with 1. Jänner 2010 in force.

Annex

List of other forms of serious crime for which Europol is responsible

Illicit trafficking in drugs,

Money laundering;

Crime related to nuclear and radioactive substances,

Smuggling,

human trafficking,

Motor vehicle crime,

Deliberate killing, serious bodily injury,

illegal trafficking in organs and human tissue,

Kidnapping, deprivation of liberty and hostage-taking,

racism and xenophobia,

Robbery in an organized form,

illegal trade in cultural goods, including antiques and art objects,

fraud,

Extortion and protective pressure,

Counterfeiting and piracy,

Falsification of official documents and trade,

counterfeiting, counterfeiting of means of payment,

Computer crime,

Corruption,

illegal trafficking in arms, munitions and explosives;

illegal trade in endangered species,

illegal trade in endangered plant and tree species,

environmental crime,

illegal trade in hormones and growth promoters.

Article 2

Amendment of the Police Cooperation Act

The Police Cooperation Act (PolKG), BGBl. I n ° 104/1997, as last amended by the Federal Law BGBl. I n ° 114/2007, as amended:

1. In Section 8 (2), the word order shall be "For Member States of the Schengen Convention or of the Europol Convention" through the phrase " For states located within the scope of the EU Police Cooperation Act (EU-PolKG) (Art. 24 (1) and (38) TEU) " replaced.

(2) The following paragraph 4 is added to § 8:

" (4) In so far as the admissibility of the transmission of data depends on the consent or approval of a court or a public prosecutor's office, the mutual assistance of the security authority shall have the consent before the transmission of the data. Authorisation to be obtained. "

(3) The following paragraph 5 is added to § 20:

" (5) § 8 (2) and (4) in the version of the Federal Law BGBl. I n ° 132/2009 shall enter into force 1. Jänner 2010 in force. "

Fischer

Faymann