(Eu Administrative Enforcement Law Eu-Vstvg) As Well As Amendment Of The Administrative Penal Code Of 1991 And Of The Administrative Enforcement Act 1991

Original Language Title: (EU-Verwaltungsstrafvollstreckungsgesetz – EU-VStVG) sowie Änderung des Verwaltungsstrafgesetzes 1991 und des Verwaltungsvollstreckungsgesetzes 1991

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3. Federal law, with the passing of a federal law on the enforcement of financial penalties and fines by administrative authorities in the framework of the European Union (EU administrative enforcement law EU-VStVG) and 1991 to change the administrative penal code of 1991 and the administrative enforcement law

The National Council has decided:

Article 1

Federal law on the enforcement of financial penalties and fines by administrative authorities in the framework of the European Union (EU administrative enforcement law EU-VStVG)

Table of contents



1 article General provisions







§ 1.





Scope of application







§ 2.





Definitions







2. cut off enforcement of the decisions of other Member States in Austria







§ 3.





Applicable law of procedure







§ 4.





Delivery of decision







§ 5.





Inadmissibility of enforcement







§ 6.





Enforcement







§ 7.





Imputation of payments







§ 8.





Termination of enforcement







§ 9.





Monies obtained from the enforcement







§ 10.





Briefing of the issuing State







§ 11.





Cost







3. cut off enforcement of Austrian judgments in another Member State







§ 12.





Prerequisites







§ 13.





Delivery of decision







§ 14.





Termination of enforcement







§ 15.





Consequences of transmission







4 section final provisions







§ 16.





Relation to other conventions and agreements







§ 17.





References







§ 18.





Entry into force







§ 19.





Enforcement







Appendix 1





List of offences where dual criminality is not checked







Appendix 2





Certificate





1 section

General terms and conditions

Scope of application



§ 1. This federal law regulates



1. the enforcement of decisions of other Member States of the European Union in Austria, as in the Federal Act on judicial cooperation in criminal matters with the Member States of the European Union (EU-JZG), Federal Law Gazette I no. 36/2004, regulated it not, and 2. the enforcement of judgments Austrian managing authorities in another Member State of the European Union, however with the exception of decisions of the financial and customs authorities.

Definitions



§ 2. In the meaning of this federal law, the term



1 'decision' a) a final decision about the payment of a monetary penalty or fine imposed by a natural or legal person, the aa) by a non-judicial authority of the issuing State in relation to its law offence taken, provided that the person had the opportunity to bring the matter before a court in criminal matters, or bb) was hit by a non-judicial authority of the issuing State in relation to actions , which were provided by its internal law as infringement of legislation punished, the person has had the opportunity to bring the matter before a court in criminal matters;

(b) in the application of the 3rd segment even a final decision about the payment of a monetary penalty or fine by a natural or legal person who was hit by a court competent in criminal matters and focus on one under lit. a sublit. BB falling decision applies;

2. "Fine or fine" the obligation to pay a) a sum of money laid down in a decision, on the basis of a punishment for a criminal offence or infringement of legislation;

b) laid down in the same decision, compensation for the victim, if the victim in the framework of the procedure may assert any civil claims and the Court in the exercise of its criminal jurisdiction is involved;

(c) amounts of money for the costs of court or administrative proceedings that have led to the decision.

(d) amounts of money stated in the same decision on a public fund or organization to assist victims.

Fall under the term "Fine or financial penalty" neither instructions pertaining to the confiscation of instrumentalities or proceeds of crime still orders civil nature of claims for damages and claims to restore the previous state result, in accordance with Regulation (EC) No. 44/2001 on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ No.  L No. 12 by the 16.01.2001 p.1, enforceable are;

3. "Punished" undertook that on the basis of the decision to pay the fine or fine person;

4. 'Framework decision' the framework decision 2005/214/JHA on the application of the principle of mutual recognition of financial penalties and fines, OJ No. L 76 of the had S. 16;

5. "Member State" means a Member State of the European Union;

6 "Issuing State" the Member State in which the decision is; was taken

7 "Executing State" the Member State to which the decision for the purpose of enforcement was transmitted;

8 "Certificate" the certificate referred to in article 4 of the framework decision.

2. section

Enforcement of decisions of other Member States in Austria

Applicable law of procedure



§ 3. As far as resulting from the provisions of this section do not different results, on the procedure for the enforcement of decisions of other Member States in Austria the administrative enforcement Act 1991 (VVG), BGBl. No. 53, to apply.

Delivery of decision



§ 4. Is the decision of the competent executing authority or the official pursuant to § Austrian administrative authority, to the enforcement of the transmitted decision within the meaning of this Federal Act or of the EU-JZG receives a not responsible to take the necessary measures for its execution, which has jurisdiction to deliver 53 b para 1 and 2 EU-JZG.

Inadmissibility of enforcement



§ 5 (1) has the authority to refuse the execution of the order if the certificate is not available, incomplete or obviously does not comply with the decision. As incompleteness also, if not accompanied by the certificate is delivered the decision or a certified copy of the decision or absence of a translation of the certificate in the German language, unless the issuing State issued the statement to accept certificates in German language as a State of enforcement.

(2) the enforcement authority has the enforcement of the decision to refuse, if



1. the person sentenced in Germany do not have assets has or refers to income, or is not usually in the domestic or there has its headquarters, 2nd against the penalized due to a final domestic decision was taken by same facts or a judgment in a State other than the issuing State or Austria been enforced, 3. refers the decision on an act , which under Austrian law would represent no offence, if it is not to a case mentioned in the list in annex 1, 4. enforceability of the decision under Austrian law is barred and on an Act refers to the decision, Austrian criminal law applies, 5. refers the decision on a deed, a) in domestic or aboard an Austrian vessel or aircraft has been committed or b) that is not in the territory of the issuing State committed have been and committed acts of the same type are not punishable under Austrian law abroad, immunities are 6 under Austrian law, which stand in the way of execution, 7 the decision against a natural person was taken, which was minor penalty under Austrian law at the time of the Act, 8 the punished in the issuing State amnesty or pardon has been granted, 9 according to the certificate of the person sentenced a) in the case of a written procedure not personally or through a national law representatives authorised by its law , to challenge the decision, and of the time limits which apply to this appeal, has been informed in accordance with the law of the issuing State, or b) is not personally appeared in the proceedings, unless, attesting to the certificate, that the punished aa) personally or through a representative authorized under national law in accordance with the laws of the issuing State of the process is been taught or bb) has specified , that he does not disturb the decision, 10 is the imposed fine or fine below EUR 70 or the equivalent of this amount or


11 fundamental rights or general principles of law, in accordance with article 6 of the Treaty on European Union were injured.

(3) the enforcement authority has the enforcement of the decision to refuse, as far as



1. the Republic of Austria issued 20 para 2 of the framework decision Declaration has limited the scope of application of the framework decision in an article or 2 with regard to a declaration made by the issuing State in accordance with this provision reciprocity is missing.

(4) before a decision wholly or partially denied Z 4, 9 and 11 of these cases the executing authority to in par. 1 and par. 2, has them in appropriate manner the competent authority of the issuing State to consult and this, where appropriate, to ask for the immediate delivery of all necessary additional information.

(5) before the executing authority shall cause the recovery of to be paid money penalty or fine imposed by the competent court or makes them even (article 3 para. 1 VVG), has to pay to invite them the punished and opportunity to comment, if it be delivered domestically to the possible reasons for a refusal of enforcement of the decision can give him. Such reasons exist, enforcement is not allowed; the approval of a judicial execution is to refuse by the Court at the request of the debtor.

Enforcement



Section 6 (1) is the amount of money to supersedes to specify in euro by the enforcement authority. To pay financial penalty or fine imposed in the decision to be enforced from the euro, to supersedes the amount of money to the is on the day of the imposition of the fine or fine to convert applicable exchange rates in euro.

(2) the decision refers to demonstrably acts that have not been committed in the territory of the issuing State, and Austrian criminal law that applies to these acts amount to supersedes on the maximum penalty allowed under Austrian law is belittling.

(3) § 54A para 3 is VStG apply accordingly.

(4) the enforcement of the decision can be exposed for the time that is required for a confection of their translation.

Imputation of payments



§ The obligated Party 7 can provide evidence for a partially or fully accomplished payment in a State, the executing authority has to consult the competent authority of the issuing State according to the procedure of article 5, paragraph 4. Each part ever driven in a State in which the financial penalty or fine is to be fully on the amount of money to be driven.

Termination of enforcement



§ 8 shall inform the competent authority of the issuing State which is enforcement authority of any decision or measure, the enforceability of the judgment is void on the basis of which or the enforcement of Austria for other reasons will be revoked, so to stop enforcement.

Monies obtained from the enforcement



§ 9 unless not a contrary agreement was reached with the issuing State, the monies obtained from the enforcement flows to the legal entity, which has to bear the costs of the executing authority.

Briefing of the issuing State



§ 10. The relevant authority shall immediately in a form that provides a written record, the competent authority of the issuing State



1. about the delivery of the decision to the competent enforcement authority or to the competent court in accordance with § 4, 2. about the refusal of enforcement of a decision referred to in paragraph 5 together with a justification 3 which in its entirety or in part for the reasons referred to in article 6 para 2, § 7, or in other legislation was not executing the decision and 4th on the enforcement of the decision , once it is completed, to teach.

Cost



§ 11. Are not required a replacement for costs incurred by other Member States.

3. section

Enforcement of Austrian judgments in another Member State

Prerequisites



§ Can be enforced in another Member State 12 made by Austrian authorities, if an enforcement domestically is impossible or would involve a disproportionate effort.

Delivery of decision



Section 13 (1) has the penalty authority to transmit the decision or a certified copy of the decision together with a certificate of the competent authority of a Member State in which the person sentenced assets has, income is normally resident or has its registered office.

(2) for the attestation form in Appendix 2 is to use; She must be signed by the criminal authorities to confirm the accuracy of their content. If the executing State, gave the explanation to accept certificates in German language, the certificate is in the official language or one of the official languages of the executing State or, if the executing State has issued the Declaration, a translation in one or more other official languages of the European Union to accept, to translate into one of these languages.

(3) the transmission referred to in paragraph 1 has to be carried out, who provides a written record under conditions allowing the determination of the authenticity of the executing State in a form. The original of the decision or a certified copy of the decision and the original of the certificate must be in the mail sent the executing State at the request. The transmission referred to in paragraph 1, as well as all official notices be made directly between the criminal authority and the competent authority of the executing State.

(4) the criminal authority may transmit the decision only a State of enforcement.

(5) is not known to the criminal authority, which authority in the executing State is responsible, so she has to try to bring them in the executing State with all means available – also via the contact points of the European judicial network - in experience.

Termination of enforcement



14. (1) the penalty authority has to immediately inform the competent authority of the executing State, on the basis of which the enforceability of the judgment is void of any decision or measure.

(2) the penalty authority has to escape enforcement of the executing State, if the conditions have lapsed according to § 12.

Consequences of transmission



Section 15 (1) subject to paragraph 2 may be not enforced a decision transmitted pursuant to article 13 in Germany.

(2) the enforcement is again permitted,



1. after the State of enforcement has taught the penal authority thereof, that in application of article 7, except its paragraph 2 letter a, of article 11 para 1 of article 20 para 3 of the framework decision the enforcement of the decision in its entirety or in part is not done or the decision was not recognized, or 2. If the penalty authority has informed the State of enforcement of , that it has revoked the decision pursuant to § 14 para 2 him.

(3) an Austrian authority receives an amount of money that the person sentenced voluntarily has paid on the basis of the decision, after receiving a decision pursuant to article 13 shall without delay inform the competent authority in the executing State. § 7 shall apply mutatis mutandis.

4 section

Final provisions

Relation to other conventions and agreements



§ 16. This Federal Act does not preclude the application of other agreements or arrangements between Member States in so far as these agreements or arrangements provide possibilities which go beyond the provisions of the framework decision and contribute to further simplify or facilitate the procedures for the enforcement of financial penalties or fines.

References



§ 17. As far as other federal laws is referenced in this federal law provisions, these are to apply in their respectively valid version.

Entry into force



§ 18. This federal law shall enter into force 1 March 2008. This law however does not apply is on offences committed before that date.

Enforcement



§ 19. The Federal Government is entrusted with the execution of this Federal Act.

 

Appendix 1

List of offences where dual criminality is not checked






Participation in a criminal organisation,






Terrorism,






Trafficking in human beings,






sexual exploitation of children and child pornography,






illicit trafficking in drugs and psychotropic substances,






illicit trafficking in weapons, munitions and explosives,






Corruption,






Swindling and fraud, including fraud affecting the financial interests of the European communities within the meaning of the Convention of 26 July 1995 on the protection of the financial interests of the European communities,






Laundering of the proceeds of crime,






Money counterfeiting, including of the euro,






Cybercrime,







Environmental crime, including the illegal trade with endangered species or endangered plant species and varieties,






Facilitation of illegal entry and stay,






Murder, grievous bodily harm,






illicit trafficking in human organs and tissue,






Kidnapping, illegal restraint and hostage-taking,






Racism and xenophobia,






Theft in the form of organized or with weapons,






illicit trafficking in cultural goods, including antiques and works of art,






Fraud,






Racketeering and extortion,






Counterfeiting and piracy,






Forgery of administrative documents and trafficking therein,






Forgery of means of payment,






illicit trafficking in hormonal substances and other growth promoters,






illicit trafficking in nuclear and radioactive substances,






Trafficking in stolen vehicles,






Rape,






Arson,






Crimes that fall within the jurisdiction of the International Criminal Court,






Aircraft and ship hijacking,






Sabotage,






violates the rules governing road traffic behavior, including breaches rules on steering and rest periods and of hazardous goods law,






Smuggling of goods,






Infringement of intellectual property rights






Threats from persons and acts of violence against them, including violence at sports events,






Damage to property,






Theft,






Offences, which were set by the issuing State and are covered by obligations arising from acts adopted within the framework of the EC Treaty or title VI of the EU Treaty.

 

 



Equipment see Appendix 2

 

Article 2

Amendment of the administrative penal code 1991

The administrative penal code 1991, BGBl. No. 52, in the version of Federal Law Gazette I is no. 113/2006, following changed:

1. paragraph 2 subsection 3:



"(3) No person may be delivered because an administrative offence in another State, and a penalty imposed by a foreign authority because of an administrative offence shall not be enforced domestically, except that the other is expressly determined in international treaties."

2. in article 9, paragraph 1, the phrase "Legal entities, partnerships of under commercial law or registered partnerships" by the phrase "Legal persons or registered partnerships" will be replaced.

3. in article 9, paragraph 7, the phrase "Legal entities, partnerships of under commercial law and registered partnerships" by the phrase "Legal persons and registered partnerships" will be replaced.

4. in article 15 Z 2, § 29a and article 53, paragraph 1 replaces the word 'Federal police authority' the word "Federal Police Directorate".

5. in article 26, paragraph 2, and article 53, c para 6 is replaced by the word "Federal Police Directorate" the word "Federal Police".

6. in § 51 g para 3 Z, 1 is the word "Frailty" replaced by the word 'Disability'.

7. in § 52a para 2, the quote is "criminal law Compensation Act, Federal Law Gazette No. 270/1969," by the quote "criminal compensation law 2005 (Web 2005), Federal Law Gazette I no. 125/2004," replaced.

8. in article 54, paragraph 1 is replaced "mentally ill" "insane" by the words.

9. in section 54 para 3 is the parenthesis quote "(§ 2 Abs. 1 des Wehrgesetzes 1990, BGBl. Nr. 305)" through the parenthesis quote "(§ 2 Abs. 1 des Wehrgesetzes 2001, BGBl. I Nr. 146)" replaced.

10 § 66B is added the following paragraph 13:



"(13) article 2 par. 3, article 9, paragraph 1 and 7, § 15 No. 2, § 26 para 2, § 29a, § 51 g para 3 No. 1, § 52a para 2, § 53 para 1, § 53 c para 6 and § 54 para 1 and 3 in the version of Federal Law Gazette I no. 3/2008 come with expiration of the day of the announcement of this federal law into force." The VStG transition Law 1991, annex 2 to the by-laws Federal Law Gazette No. 52/1991, appears with this time override."

Article 3

Amendment of the administrative enforcement Act 1991

The administrative enforcement Act 1991, BGBl. No. 53, in the version of Federal Law Gazette I is no. 113/2006, following changed:

1. in article 1, paragraph 2, the word "Federal Police" is replaced by the word "Federal Police Directorate".

2. paragraph 5 paragraph 4:



"(4) the fines as coercive enforcement is allowed against legal persons with the exception of public bodies and registered partnerships."

3. in article 10, paragraph 1, the phrase is "I and IV part and concerning the appeal the sections 58 (1) and 61 of the AVG" by the phrase "I part, with regard to the appeal the section 58 (1) and 61, § 61a and the IV part with exception of articles 67a and 67 h of the AVG" replaced.

4. § 10 para 3 second sentence reads:



"She goes



1. in a matter of security management at the Security Directorate, 2nd in an other matter of the Federal Administration at the provincial Governor and 3 in a matter of State administration to the State Government."

5. in article 11, paragraph 4, the phrase "Rate of return for Eskontierungen of the Austrian National Bank" is replaced by the word "base rate".

6 § 13 the following paragraph 4 is added:



"(4) § 1 para 2, § 5 ABS. 4, article 10, paragraph 1 and paragraph 3, second sentence, article 11, paragraph 4 and article 15 including heading as amended by Federal Law Gazette I no. 3/2008 come with expiration of the day of the announcement of this federal law into force."

7 the following section 15 including the heading is added:



"Linguistic equal treatment



§ 15. As far as this federal law to natural persons are related names only in the male form, they relate to women and men in the same way. At the

 

 

 

Applying the label to certain natural persons is the shape of each gender."

Fischer

Gusenbauer

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