3. Federal Law, which enacts a federal law on the enforcement of fines and fines of administrative authorities within the framework of the European Union (EU Administrative Law on Enforcement of the Law-EU-VStVG) and the Administrative Criminal Law 1991 and the Administrative Enforcement Act in 1991.

The National Council has decided:

Article 1

Federal Law on the Enforcement of fines and fines imposed by administrative authorities within the framework of the European Union (EU Administrative Law on Enforcement of Enforcement-EU-VStVG)

table of contents

Section 1 General provisions
§ 1.	Scope
§ 2.	Definitions
Section 2 Enforcement of decisions of other Member States in Austria
§ 3.	Procedural law to be applied
§ 4.	Communication of the decision
§ 5.	Inadmissibility of enforcement
§ 6.	Enforcement
§ 7.	Payment of payments
§ 8.	Termination of enforcement
§ 9.	Proceeds from enforcement
§ 10.	Information to the issuing State
§ 11.	Cost
Section 3 Enforcement of Austrian decisions in another Member State
§ 12.	Requirements
§ 13.	Communication of the decision
§ 14.	Termination of enforcement
§ 15.	Consequences of transmission
Section 4 Final provisions
§ 16.	Relationship with other agreements and arrangements
§ 17.	References
§ 18.	entry into force
§ 19.	Enforcement
Appendix 1	List of offences in which double criminality is not examined
Appendix 2	Certificate

Section 1

General provisions

Scope

§ 1. This federal law goverts

1.		enforcement of decisions of other Member States of the European Union in Austria, insofar as they are not in the Federal Law on Judicial Cooperation in Criminal Matters with the Member States of the European Union (EU-JZG), BGBl. I n ° 36/2004, and
2.		enforcement of decisions taken by Austrian administrative 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 sense of this federal law, the term

1.		"Decision"
a)			a final decision on the payment of a fine or a fine by a natural or legal person who:
aa)				has been made by a non-judicial authority of the issuing State with respect to an act punishable under its law, provided that the person has the opportunity to bring the case before a court which is also competent in criminal matters, or
bb)				was made by a non-judicial authority of the issuing State in respect of acts which, under its national law, have been punishable as an infringement of legislation, provided that the person had the opportunity to: bring the matter before a court of law, including in criminal matters;
b)			in the scope of the 3. Section also a final decision on the payment of a fine or fine by a natural or legal person who has been taken by a court having also jurisdiction in criminal matters and who has been subject to a judgment under lit. a sublit. (bb) decision refers;
2.		"monetary penalty or fine" means the obligation to pay
a)			the amount of money fixed in a decision on the basis of a punishment for a criminal offence or infringement of legislation;
b)			a compensation for the victims, fixed in the same decision, where the victim is not entitled to claim civil rights in the context of the proceedings and if the court is acting in the exercise of his or her criminal law competence;
c)			monetary amounts for the costs of the judicial and administrative procedures which led to the decision;
d)			the amounts of money fixed by the same decision to a public fund or to an organisation for the assistance of victims.
		The term "fine or fine" does not include orders for the confiscation of instrumentalities or proceeds of crime, nor orders of a civil nature arising out of claims for damages and claims for the restoration of the , and in accordance with Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ L 145, 31.7.2001.. No. 1, enforceable on page 1 of the Directive;
3.		"penal" means the person responsible for the decision to pay the fine or fine;
4.		"Framework Decision", Framework Decision 2005 /214/JHA on the application of the principle of mutual recognition to financial penalties, OJ L 327, 28.2.2005, p. No. OJ L 76, 22.03.2005 p. 16;
5.		"Member State" means a Member State of the European Union;
6.		"issuing State" means the Member State in which the decision has been taken;
7.		"executing State" means the Member State to which the decision for the purpose of enforcement has been communicated;
8.		"certificate" means the certificate referred to in Article 4 of the Framework Decision.

Section 2

Enforcement of decisions of other Member States in Austria

Procedural law to be applied

§ 3. To the extent that the provisions of this section do not provide otherwise, the procedure for the enforcement of decisions of other Member States in Austria is the Administrative Enforcement Act 1991 (VVG), BGBl. No 53.

Communication of the decision

§ 4. If an Austrian administrative authority which receives a decision submitted for execution within the meaning of this Federal Law or of the EU-JZG is not competent to take the necessary measures for its enforcement, it shall have the following: To forward a decision of its own motion to the competent enforcement authority or to the court competent pursuant to Section 53b (1) and (2) EU-JZG.

Inadmissibility of enforcement

§ 5. (1) The executing authority shall refuse to execute the decision if the certificate is not available, is incomplete or obviously does not comply with the decision. An incompleteness shall also apply if the decision or a certified copy of the decision is not transmitted together with the certificate or if a translation of the certificate is missing in the German language, unless the The decision state made the declaration to accept certificates in German as a executing state.

(2) The executing authority shall refuse to execute the decision if:

1.		the national penalty does not have property or income, or is not normally resident in the country, or it has its seat there,
2.		a final decision has been taken against the criminal offence in respect of the same act, or a decision taken in a State other than that of the issuing State or of Austria has been enforced,
3.		the decision relates to an act which, under Austrian law, would not constitute a criminal offence, unless it is a matter in the list in Appendix 1 listed the case,
4.		the enforceability of the decision is statute-barred in accordance with Austrian law and the decision relates to an act for which Austrian criminal law applies,
5.		the decision relates to an act,
a)			which has been committed in the domestic or on board of an Austrian vessel or aircraft; or
b)			which has not been committed in the territory of the issuing State and which, under Austrian law, are not punishable by acts of the same nature committed abroad,
6.		in accordance with Austrian law, there are immunities which are contrary to enforcement,
7.		the decision has been taken against a natural person who, according to Austrian law, was at the time of the offence at the time of the offence,
8.		has been granted an amnesty or a pardon in the issuing State,
9.		According to the certified statement of the
a)			in the case of a written procedure, shall not, in person or through a representative under national law, of his right to challenge the decision and of the time limits applicable to that appeal, in accordance with the legislation of the issuing State; or
b)			has not been published in person, unless the certificate indicates that the offence has been
aa)				has been informed of the proceedings in person or on a representative authorized by national law in accordance with the legislation of the issuing State, or
bb)				has indicated that he does not address the decision,
10.		the fine or fine imposed shall be less than EUR 70 or the equivalent of that amount; or
11.		Fundamental rights or general legal principles have been infringed on the basis of Article 6 of the Treaty on European Union.

(3) The executing authority shall refuse to execute the decision, to the extent that:

1.		the Republic of Austria has limited the scope of the Framework Decision in a declaration made pursuant to Article 20 (2) of the Framework Decision, or
2.		with a view to a declaration of reciprocity issued by the issuing State pursuant to this provision.

(4) Before the executing authority, in the cases referred to in points (1) and (2), (4), (9) and (11), refuses to execute a decision in whole or in part, it shall, in a suitable manner, have the competent authority of the issuing State be consulted and, where appropriate, request the immediate transmission of any additional information required.

(5) Before the executing authority initiates or carries out the recovery of the fine or fine to be paid by the competent court (Section 3 (1) of the VVG), it must ask the authorities for their payment and have the opportunity to do so. to express their views on the possible grounds for refusal to execute the decision if it can be served at home. If such reasons exist, the execution is inadmissible; the authorization of a court execution shall be refused by the court at the request of the pledge.

Enforcement

§ 6. (1) The amount of money to be executed shall be indicated in euros by the executing authority. If the fine or fine to be paid in the decision to be executed is not declared in euro, the amount of the money to be executed shall be converted into euro on the exchange rate applicable on the day of the imposition of the fine or fine.

(2) If it is shown that the decision is based on actions which have not been committed in the territory of the issuing State and applies to these acts Austrian criminal law, the amount to be enforced shall be the amount to be carried out in accordance with Austrian law. To reduce the maximum permissible maximum.

(3) § 54b para. 3 VStG is to be applied in a reasonable way.

(4) The execution of the decision may be suspended for the time required for the production of its translation.

Payment of payments

§ 7. If the pledge can provide proof of payment in part or in part in a State, the executing authority shall consult the competent authority of the issuing State in accordance with the procedure laid down in Section 5 (4). Any part of the fine or fine which has always been paid in a State shall be fully attributed to the amount of the money to be paid.

Termination of enforcement

§ 8. Where the competent authority of the issuing State informs the executing authority of a decision or measure on the basis of which the enforceability of the decision is removed or the execution of Austria is returned for other reasons, the competent authority of the issuing State shall inform the executing authority of a decision , enforcement shall be terminated.

Proceeds from enforcement

§ 9. Unless a different agreement has been reached with the issuing State, the proceeds from the execution shall flow to the legal entity, which shall bear the expenses of the executing authority.

Information to the issuing State

§ 10. The competent authority of the issuing State shall immediately inform the competent authority of the issuing State in such a form as to enable written evidence to be provided,

1.		on the transmission of the decision to the competent enforcement authority or to the competent court in accordance with § 4,
2.		the refusal to execute a decision pursuant to § 5, together with a statement of reasons,
3.		the execution of the decision in its entirety or in part on the grounds referred to in Article 6 (2), (7) or in other legislation, and
4.		on the execution of the decision as soon as it has been completed,
shall be informed.

Cost

§ 11. Compensation for any costs incurred may not be required by other Member States.

Section 3

Enforcement of Austrian decisions in another Member State

Requirements

§ 12. Decisions of Austrian authorities may be carried out in another Member State if enforcement is not possible in the territory of the country, or if there is a disproportionate effort.

Communication of the decision

§ 13. (1) The criminal authority shall forward the decision or a certified copy of the decision together with a certificate issued by the competent authority of a Member State in which the person has assets, receives income, or is usually held up or has its registered office.

(2) For the certificate, the form in Appendix 2 , it must be signed by the criminal authority to confirm the accuracy of its content. If the executing State has not made the declaration to accept certificates also in German, the certificate shall be placed in the official language or one of the official languages of the executing State or, if the executing State is has made the declaration to accept a translation into one or more other official languages of the European Union, to be translated into one of these official languages.

(3) The transmission in accordance with paragraph 1 shall be carried out in a form which allows written proof under conditions permitting the executing State to establish the authenticity. The original of the decision or a certified copy of the decision and the original of the certificate shall be sent to the executing State at the request of the postal service. The transmission as referred to in paragraph 1 and all official communications shall be carried out directly between the criminal authority and the competent authority of the executing State.

(4) The criminal authority may each submit the decision only to one executing State.

(5) Where the criminal authority is not known which authority is competent in the executing State, it shall endeavour to make it available to the executing State with all the means at its disposal, including through the contact points of the European judicial system. Network-in experience.

Termination of enforcement

§ 14. 1. The competent authority of the executing State shall immediately inform the competent authority of the executing State of any decision or measure on the basis of which the enforceability of the decision is ripped.

(2) The criminal authority shall withdraw its enforcement from the executing State if the conditions pursuant to § 12 have been omitted.

Consequences of transmission

§ 15. (1) Subject to paragraph 2, a decision submitted in accordance with § 13 may not be enforced domestily.

(2) Enforcement shall be allowed again,

1.		the executing State has informed the criminal authority that, in the case of application of Article 7, with the exception of paragraph 2 (a) thereof, Article 11 (1) or Article 20 (3) of the Framework Decision, the enforcement of the decision in its all or part of the decision has not been taken or the decision has not been recognised; or
2.		if the criminal authority has informed the executing State that it has withdrawn from it the enforcement of the decision pursuant to Section 14 (2).

(3) After a decision has been forwarded in accordance with Article 13, if an Austrian authority considers a sum of money which has been paid voluntarily by the person concerned to the ground of the decision, it shall immediately inform the competent authority in the executing State of such a payment. . § 7 shall apply mutatily.

Section 4

Final provisions

Relationship with other agreements and arrangements

§ 16. This federal law does not preclude the application of other agreements or agreements between Member States in so far as these agreements or arrangements offer opportunities beyond the provisions of the framework decision and contribute to a further simplification or facilitation of the procedures for the execution of fines or fines.

References

§ 17. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied in their respectively applicable version.

entry into force

§ 18. This federal law will enter into force on 1 March 2008. However, this law shall not apply to any transgressions committed before that date.

Enforcement

§ 19. The Federal Government is responsible for the enforcement of this federal law.

Appendix 1

List of offences in which double criminality is not examined

-		Participation in a criminal organisation,
-		terrorism,
-		human trafficking,
-		sexual exploitation of children and child pornography,
-		illegal trafficking in drugs and psychotropic substances,
-		illegal trafficking in arms, munitions and explosives;
-		Corruption,
-		fraud, including fraud against 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,
-		monetary falsification, including euro counterfeiting,
-		cybercrime,
-		environmental crime, including the illegal trade in endangered species or threatened plant and tree species,
-		Aid for illegal entry and residence,
-		Deliberate killing, serious bodily injury,
-		illegal trafficking in organs and human tissue,
-		Kidnapping, deprivation of liberty and hostage-taking,
-		racism and xenophobia,
-		theft in an organized form or with weapons,
-		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 of means of payment,
-		illicit trafficking in hormones and other growth promoters,
-		illegal trade in nuclear and radioactive substances,
-		Trade in stolen motor vehicles,
-		rape,
-		Arson,
-		crimes that fall within the jurisdiction of the International Criminal Court,
-		aircraft and ship management;
-		Sabotage,
-		in the case of behaviour which is contrary to road traffic rules, including infringements of rules on driving times and rest periods and the right of dangerous goods,
-		Smuggling of goods,
-		Violation of intellectual property rights,
-		threats to individuals and acts of violence against them, including violence at sporting events,
-		Damage to property,
-		Theft,
-		Criminal offences established by the issuing State and covered by obligations arising from acts adopted under the EC Treaty or Title VI of the EU Treaty.

Appendix 2 See Assets

Article 2

Amendment of the Administrative Criminal Law 1991

The Administrative Criminal Law 1991, BGBl. No. 52, in the version of the Federal Law BGBl. I n ° 113/2006, is hereby amended as follows:

1. § 2 para. 3 reads:

" (3) No one shall be extradited to another State because of an administrative surrender, and a penalty imposed by a foreign authority on the grounds of an administrative surrender shall not be enforced domestiy, unless in State contracts are expressly intended to be otherwise. "

2. In § 9 (1) the word order shall be "legal persons, partnerships of commercial law or registered commercial companies" through the phrase "Legal persons or registered partnerships" replaced.

3. In Section 9 (7), the phrase "Legal Persons, partnerships of commercial law and registered labour force" through the phrase "Legal persons and registered partnerships" replaced.

4. In § 15 Z 2, § 29a and § 53 (1) the word shall be "Federal Police Agency" by the word "Federal Police Directorate" replaced.

5. In § 26 (2) and § 53c (6) the word "Federal Police Authorities" by the word "Federal Police Directorates" replaced.

6. In § 51g para. 3 Z 1 the word "Gebrechlichkeit" by the word "Disability" replaced.

7. In Section 52a (2), the quote shall be: " Criminal Law Compensation Act, BGBl. No 270/1969, " by quoting " Criminal Law Compensation Act 2005 (StEG 2005), BGBl. I No 125/2004, " replaced.

8. In Section 54 (1), the word "mentally ill" by the words "mentally ill" replaced.

9. In Section 54 (3), the text of the sentence shall be: " (§ 2 para. 1 of the Wehrgesetz 1990, BGBl. No. 305) by the citing quote " (§ 2 para. 1 of the Wehrgesetz 2001, BGBl. I n ° 146) " replaced.

(10) § 66b is added to the following paragraph 13:

" (13) § 2 para. 3, § 9 para. 1 and 7, § 15 Z 2, § 26 para. 2, § 29a, § 51g para. 3 Z 1, § 52a para. 2, § 53 para. 1, § 53c para. 6 and § 54 para. 1 and 3 in the version of the Federal Law BGBl. I n ° 3/2008 enter into force with the end of the day of the presentation of this Federal Act. The VStG transitional law 1991, Appendix 2 to the BGBl demonstration. No 52/1991, shall not enter into force at that date. '

Article 3

Amendment of the Administrative Enforcement Act 1991

The Administrative Enforcement Act 1991, BGBl. No. 53, in the version of the Federal Law BGBl. I n ° 113/2006, is hereby amended as follows:

1. In Section 1 (2), the word shall be: "Federal Police Authorities" by the word "Federal Police Directorates" replaced.

2. § 5 (4) reads:

" (4) Enforcement by fines as a coercive means is also against legal persons with the exception of public bodies and Registered partnerships zulä ssig. '

3. In Section 10 (1), the phrase " the I. and the IV. Section 58 (1) and (61) of the AVG in respect of the instruction of the right to appeal " through the phrase " the I. part, with regard to the instruction of the right of appeal § § 58 (1) and (61), § 61a and the IV. Part with the exception of § § 67a to 67h of the AVG " replaced.

4. § 10 para. 3 second sentence reads:

" She goes

1.		in a matter of security administration, to the Security Directorate,
2.		in any other matter of the Federal Administration, to the Governor of the State and
3.		in a matter of the state administration to the state government. "

5. In Section 11 (4), the phrase "Interest rate foot for esconments of the Oesterreichische Nationalbank" by the word "base interest rate" replaced.

6. § 13 the following paragraph 4 is added:

" (4) § 1 (2), § 5 (4), § 10 (1) and (3), second sentence, § 11 (4) and § 15, together with the title in the version of the Federal Law BGBl. I n ° 3/2008 enter into force with the end of the day of the presentation of this Federal Law. "

7. The following § 15 together with the heading is added:

" Linguistic equality

§ 15. In so far as the names referred to in this Federal Act on natural persons are listed only in male form, they refer to women and men in the same way. The

The application of the name to certain natural persons shall be taken into account in each sex-specific form. "

Fischer

Gusenbauer