Air Security Act (LuftSiG)

Unofficial table of contents

AirSiG

Date of completion: 11.01.2005

Full quote:

" Air Security Act of 11 January 2005 (BGBl. 78), as last amended by Article 2 (180) of the Law of 7 August 2013 (BGBl I). I p. 3154).

Status:

Last amended by Art. 2 Abs. 180 G v. 7.8.2013 I 3154

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 15.1.2005 + + +) 

  

The G was decided by the Bundestag as Article 1 of the G v. 11.1.2005 I 78. It's gem. Article 9 of this Act entered into force on 15 January 2005. Unofficial table of contents

Content Summary

Section 1
	General
§ 1		Purpose
§ 2		Tasks
Section 2
	Security measures
§ 3		General powers of the Air Safety Authority
§ 4		Principle of proportionality
§ 5		Special powers of air safety authorities
§ 6		Collection, processing and use of personal data
§ 7		Reliability Reviews
§ 8		Safety measures of the aerodrome operators
§ 9		Air carriers ' security measures
§ 10		Access Permissions
§ 11		Prohibited articles
§ 12		Tasks and powers of the responsible aircraft driver
Section 3
	Support and mutual assistance by the armed forces
§ 13		Decision of the Federal Government
§ 14		Implementing measures, regulatory power
§ 15		Other measures
Section 4
	Competence and procedures
§ 16		Responsibilities
§ 17		Authorisation to enact legal orders
Section 5
	Fines and penalties
§ 18		Fines
§ 19		Criminal provisions
§ 20		Fines and penal provisions on § 12
Section 6
	Final destination
Section 21		Basic Rights Restrictions

Section 1
General

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§ 1 Purpose

This law protects against attacks on the safety of air traffic, in particular against aircraft hikes, acts of sabotage and terrorist attacks. Unofficial table of contents

§ 2 Tasks

The air safety authority has the task of repleting attacks on the security of air traffic within the meaning of § 1. In particular, it shall carry out the verification of reliability in accordance with § 7, allowing air safety plans pursuant to section 8 (1) sentence 2 and section 9 (1) sentence 2, to order safety measures by the aerodrome operators in accordance with § 8 and the air carriers in accordance with § 9 and shall monitor their compliance.

Section 2
Security measures

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§ 3 General powers of the Air Safety Authority

The air safety authority shall take the necessary measures to ward off an individual risk to the safety of air traffic, provided that the powers of the air safety authority do not regulate their powers in particular. Unofficial table of contents

§ 4 Principle of proportionality

(1) There are several possible and appropriate measures to be taken which are likely to least affect the individual or the general public. (2) A measure must not lead to a disadvantage resulting from the success of the measure. is discernable. (3) A measure is only allowed until its purpose has been reached or shows that it cannot be reached. Unofficial table of contents

Section 5 Special powers of the air safety authorities

(1) The Air Safety Authority shall be able to search for persons who have entered, or wish to enter, the non-generally accessible areas of the airfield, or to check them in any other appropriate manner. It may search, illuminate, or examine objects in any other appropriate manner that has been or are to be placed in these areas. The air safety authority may protect the places where security checks are carried out by armed police officers, strip the airport's security areas and secure vulnerable aircraft by armed standing posts. (2) The air safety authority may include passengers, flight operators, air carriers and other companies, as well as other persons who have entered or wish to enter not generally accessible areas of the airfield, , in particular, to stop and to refer to these areas when the People

1.

do not demonstrate their authority to enter

2.

refuse to search for or review in any other appropriate manner their person and carried items by the air safety authority in accordance with the objects referred to in Article 11 (1), or

3.

in Article 11 (1), objects or other objects which are identified during the search or inspection and which are suitable for attacks on persons or for damage to aircraft, not outside the general public , leave the airfield accessible to the air carrier or not to the air carrier.

(3) The air safety authority may, in accordance with the provisions of Section 11 (1), cargo, checked baggage, mail items and other items which have been or are to be moved to the non-generally accessible areas of the airfield Browse, browse or check items in any other appropriate way. In the case of postal items, the first sentence shall apply with the proviso that it may only be opened if certain facts justify the assumption that the goods are situated therein, the transport of which is contrary to § 11 (1) or (27) of the Air Transport Act (4) The Aviation Safety Authority may enter and visit operating and commercial premises within the business and working hours, in so far as it is necessary for the implementation of the security measures referred to in paragraphs 2 and 3. Outside of business and working hours, these spaces may only be entered and visited for the prevention of urgent risks to public safety or order. (5) The Air Safety Authority may provide appropriate persons to the To carry out certain tasks in the implementation of the security measures referred to in paragraphs 1 to 4. The insult can be revoked at any time. In the context of the tasks assigned to him and the laws otherwise in force, the Beliehene is entitled to take the necessary measures. (6) The tasks and powers of the police enforcement authorities shall remain unaffected. Unofficial table of contents

§ 6 Collection, processing and use of personal data

(1) The power to collect, process and use personal data shall be governed by the laws of the federal or state law applicable to the air safety authorities, unless otherwise provided for by this law. (2) Without prejudice to any other provisions of this law, the powers of transmission resulting from paragraph 1 may be transmitted by the air safety authorities to public authorities outside the scope of this Act, where this is a threat of imminent threat of significant danger; for the safety of air transport, in particular in the case of, or is a threat of terrorist attacks. Unofficial table of contents

§ 7 Reliability reviews

(1) In order to protect the safety of air traffic (§ 1), the air safety authority shall verify the reliability of the following persons:

1.

Persons to whom, for the purpose of carrying out a professional activity, not only occasionally, access to non-generally accessible areas of the aerodrome of a commercial airport within the meaning of Section 8 or of an air carrier within the meaning of Section 9 ,

2.

staff of the aerodrome and air carriers, the air navigation service and the freight, mail, cleaning undertakings and suppliers of goods and other similar utilities which have direct influence on the basis of their activities; the safety of air traffic; provided that the above-mentioned companies are operated by the staff of other undertakings, the staff of that staff shall be the same;

3.

persons who are employed as Beliehene pursuant to Section 5 (5) or are entrusted with tasks pursuant to Section 31b (1) sentence 2 of the Air Traffic Act with tasks pursuant to Section 27c (2) of the Air Transport Act,

4.

Air passenger within the meaning of § 4 (1) sentence 1 in connection with § 1 (2) (1) to (3) and (5) of the Air Transport Act and corresponding flight students, as well as

5.

Members of registered clubs, student practitioners or drivers of aircraft within the meaning of Section 1 (2) of the Air Transport Act or other persons entitled to do so, not only from time to time.

a)

non-generally accessible areas of the aerodrome of a commercial airport within the meaning of § 8 or

b)

Covered areas according to § 9 para. 1 no. 2

is to be granted.

(2) The verification shall be carried out at the request of the person concerned. The employer shall bear the costs of the examination for the exercise of a professional activity.
The person concerned shall be informed at the request of:

1.

the competent air safety authority,

2.

the purpose of data collection, processing and use,

3.

the bodies whose participation shall be considered in accordance with the first sentence of paragraph 3, Nos 2 to 5 and paragraph 4, and

4.

the beneficiaries referred to in the second sentence of paragraph 7 and 3

shall be informed.
The review shall not apply if the person concerned is

1.

has been subject to at least equivalent verification within the country within the last 12 months and there is no evidence of unreliability of the person concerned; or

2.

This is subject to the extended security screening in accordance with § 9 of the Security Examination Act or the extended security screening with security investigations in accordance with § 10 of the Security Examination Act.

(3) For the verification of reliability, the air safety authority shall:

1.

verify the identity of the person concerned,

2.

Inquiries with the police officers and the constitutional protection authorities of the Länder and, if necessary in individual cases, the Federal Criminal Police Office, the Customs Criminal Office, the Federal Office for the Protection of the Constitution, the Federal Intelligence Service, the Military Military Office, the Military Provide a shielding service and the Federal Commissioner for the documents of the State Security Service of the former German Democratic Republic, in accordance with existing information relevant to the assessment of the reliability of the system,

3.

to obtain unrestricted information from the Federal Central Register,

4.

in the case of foreign persons concerned, request information from the Central Register of Foreigners and, if necessary in individual cases, request to the competent Foreigners Authorities for evidence of an impairment of public security by: the person concerned,

5.

to the extent that, in individual cases, requests to the aerodrome operators and air carriers and to the current employer of the person concerned shall address information which is relevant to the assessment of the reliability of the operator.

The person concerned is obliged to participate in his review. (4) For reasons of doubt as to the reliability of the person concerned, the information provided by the authorities referred to in paragraph 3 (2) and (4) shall be subject to the information provided by the air safety authority. (5) The Air Safety Authority shall give the person concerned prior to its decision the opportunity to comment on the information obtained, in so far as such doubts are justified by the reliability of the information provided and the confidentiality requirements. , or in the case of information provided by law enforcement authorities is not to be at risk of investigation. Where the findings of one of the bodies referred to in paragraph 3 (2) or (4) come from, the agreement of these bodies shall be required. The person concerned is obliged to provide truthful information. He may refuse to provide information which, for him or any of the persons referred to in Article 52 (1) of the Code of Criminal Procedure, is liable to prosecute, to prosecute for an administrative offence or to disciplinary or labour law measures. could be justified. The obligation to provide truthful information and the right of denial must be given to the person concerned beforehand. (6) Without a completed assurance review, in which no doubts remain as to the reliability of the person concerned, may not be granted access to non-generally accessible areas of the aerodrome (paragraph 1 (1) and (5)), or it may not take up its activities (paragraph 1 (2) and (3)). (7) The air safety authority may not accept the provisions of paragraph 3 and 4 collected data only for the purpose of checking reliability. It shall inform the person concerned, its current employer, the airport, air carrier or air navigation service, as well as the police and constitutional protection authorities of the Federal Government and of the countries concerned, of the outcome of the Review; the current employer must not be informed of the findings on which the result is based. Further information may be communicated to the current employer in so far as it is necessary for the implementation of a judicial procedure in connection with the reliability review. § 161 of the Code of Criminal Procedure shall remain unaffected. (8) The aviation security authorities shall inform each other of the implementation of reliability checks, as far as this is necessary in individual cases. The first sentence of paragraph 7 shall apply accordingly. (9) Information shall be disclosed to the authorities involved in the first sentence of paragraph 3, to the foreign authorities involved in the first sentence of paragraph 3 or to the bodies involved in the first sentence of paragraph 3, No 5, in retrospect, which are relevant for the assessment of the reliability of one of the persons referred to in paragraph 1, these bodies shall be obliged to inform the air safety authority of the available evidence. For this purpose, they may store the name, first name, birth name, date of birth, place of birth, place of residence and nationality of the person concerned and the file reference. For this purpose, the Federal and State Office for the Protection of the Constitution may, in addition, also in the joint files according to § 6 of the German Federal Republic of Germany and the Federal Republic of Germany, the personal data of the person concerned and their file reference. Save the Federal Constitutional Protection Act. The authorities and authorities referred to in the first sentence shall inform the air safety authority of the data subject to which they are to store data in accordance with sentences 2 and 3. (10) The air safety authority may, in the case of reliability checks carried out by bodies outside the Community, inform the air safety authority of the of the scope of this law shall be initiated. To this end, it may transmit the name, first name, birth name, date of birth, place of birth, place of residence and nationality and the result of the security check of the person concerned. In so far as the data subject has a legitimate interest in the exclusion of the transmission, the data transfer shall not be carried out, in particular if an adequate level of data protection is not guaranteed at the receiving point. The receiving body must point out that the transmitted data may only be used for the purpose for which it has been transmitted. (11) The personal data stored in the context of a reliability test are to be deleted

1.

by the air safety authorities

a)

within one year if the person concerned does not take up the activity referred to in paragraph 1,

b)

after the expiry of three years after the person concerned has been eliminated from an activity referred to in paragraph 1, unless he has resumed an activity referred to in paragraph 1;

2.

by the authorities referred to in paragraphs 3 and 4 and by the bodies referred to in the first sentence of paragraph 3

a)

in the case of data stored in accordance with the second sentence of paragraph 9 and 3, immediately after the deletion has taken place in accordance with point 1, the air safety authorities shall inform the authorities concerned of the deletion,

b)

Incidentally, immediately after the conclusion of the participation.

If there is reason to believe that the erasure would affect the legitimate interests of the person concerned, the data shall be blocked. Blocked data may only be used without the consent of the person concerned, to the extent that this is indispensable for the defence of a significant danger.

Footnote

§ 7 (1) No. 4: The provision is iVm § 4 para. 1 sentence 2 no. 3 LuftVG (96-1) idF d. Art. 2 No. 1 G v. 11.1.2005 I 78 compatible with the GG (100-1). BVerfGE v. 4.5.2010 I 885-2 BvL 8/07, 2 BvL 9/07 Unofficial table of contents

§ 8 Safety measures of the aerodrome operators

(1) The operator of a commercial airport shall be obliged to protect airport operations against attacks on air traffic safety;

1.

Airport facilities, structures, spaces and facilities shall be designed and designed in such a way as to ensure that the necessary structural and technical protection and the proper implementation of the personnel protection and protection measures and the control of non- to provide and maintain areas generally accessible to them, except in the case of equipment for the inspection of passengers and items carried by them, and Facilities and equipment for inspection of mail, checked baggage, cargo and supplies to the items referred to in Article 11 (1), by means of technical procedures;

2.

Post, checked baggage, cargo and supplies for carrying out the measures pursuant to § 5 para. 3 safely to be transported and stored; this includes the transport to and between a multi-level control system;

3.

in the case of searches of the checked baggage according to § 5, para. 3, to collect the passenger or to open the locks of the luggage in the event of searches in the absence of the passenger;

4.

to secure non-generally accessible areas against unauthorized access and, in the case of security sensitive areas, to allow access only to those persons who are particularly entitled to do so;

5.

-to search or check in any other appropriate manner, or in any other appropriate way, employees of their own staff, employees of other companies operating on the airfield and other persons before access to sensitive parts of non-public areas; to search, to illuminate or to check in any other appropriate manner the goods and vehicles carried on; this shall also apply to goods and supplies imported into these areas in other ways;

6.

to train security personnel for their duties and to subject all other staff to a safety training programme;

7.

Aircraft which are the subject of threats, in particular of bomb threats, to be placed on security positions, provided that the air carrier is not required to do so pursuant to Article 9 (1) sentence 1 (5), and the discharge and the supply of such vehicles are not subject to any obligation to and disposal of aircraft;

8.

To the extent necessary to participate in the review in accordance with § 7.

The security measures referred to in the first sentence of the first sentence of 1 to 8 shall be taken by the operator in an air safety plan within the meaning of Article 5 (4) of Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002. Establishment of common rules on civil aviation security (OJ C 327, 30.4.2004, p. EC No 1), which must be submitted to the air safety authority within a period of time to be determined by the air safety authority. The authorisation may be accompanied by secondary provisions. Subsequent conditions shall be permitted. The operator of a commercial airport shall be obliged to carry out the safety measures shown in the approved air safety plan. (2) The air safety authority may provide the operator of any other aerodrome for the implementation of the safety measures. (3) for the provision and maintenance of spaces and areas referred to in paragraphs 1 and 2, which shall be used for the purposes of carrying out the measures have been made available to the competent authority in accordance with Section 5, the Obligated to charge for the remuneration of his self-expenses. In addition, the pledge shall bear the costs of the security measures referred to in paragraphs 1 and 2. In order to determine the cost of self-expenses within the meaning of this Act, the provisions of the price-law applicable to public contracts shall apply mutatherly. If the market price is less than the cost of the market, the market price shall be decisive. Unofficial table of contents

Section 9 Safety measures of air carriers

(1) An air carrier operating aircraft with a maximum weight of more than 5.7 tonnes shall be required to provide protection against air traffic safety;

1.

to carry out security measures in the handling of passengers and the handling of mail, baggage, cargo and supplies;

2.

to secure access to non-generally accessible areas which are not accessible to him on a commercial airport and, in the case of security sensitive areas, access only to those persons who are entitled to such access; , where the operating buildings, cargo facilities and other operating facilities are constructed or operated by the air carrier themselves or on their behalf, the provisions of section 8 (1) no.

3.

to train security personnel for their duties, and to subject flight crews and ground staff to a safety training programme;

4.

to ensure that aircraft parted at a commercial airport are not allowed to enter the aircraft, nor can any suspect item be transferred to the aircraft;

5.

Aircraft which are the subject of threats, in particular bomb threats, to be transferred to a security position or to participate in a shipment by the aerodrome operator in accordance with Article 8 (1), first sentence, No. 7;

6.

To the extent necessary to participate in the review in accordance with § 7.

The security measures referred to in the first sentence of the first sentence of 1 to 6 shall be taken by the undertaking in an air safety plan within the meaning of Article 5 (4) of Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002. Establishment of common rules on civil aviation security (OJ C 327, 30.4.2004, p. EC No 1), which must be submitted to the air safety authority within a period of time to be determined by the air safety authority; the air safety authority may grant derogations from the obligation to make a prior obligation. The authorisation may be accompanied by secondary provisions. Subsequent conditions shall be permitted. Air carriers shall be obliged to carry out the precautionary measures as set out in the approved air safety plan. (2)

1.

for air carriers which have a permit pursuant to § 20 of the Air Transport Act, also outside the scope of this law, if and to the extent that the local regulations do not conflict with each other;

2.

for air carriers which have their head office outside the scope of this law, provided they use airports in the Federal Republic of Germany.

3. The air safety authority may also require an air carrier to carry out safety measures in accordance with paragraph 1 on other aerodros as far as is necessary to ensure the operation of the air carrier. (4) A holder of an aircraft other than the one referred to in paragraph 1 may be required by the air safety authority to implement the precautionary measures in accordance with paragraphs 1 to 3, to the extent that this is necessary to ensure the operation of the operation of the aircraft. is required. Unofficial table of contents

§ 10 Access authorization

The air safety authority shall decide which persons may be granted the right of access to areas which are not generally accessible, in the event of the conditions, or if the conditions are to be withdrawn. After the conclusion of the reliability check according to § 7 (1), the person concerned can be issued with proof of the access authorization by the entrepre according to § 8 (1) or § 9 (1). The identity holder shall be obliged to make the card visible in the non-generally accessible areas and to return it after the expiry of the period of validity or upon request. The identity card holder shall not leave the card to any third party. Its loss must be reported to the issuing office immediately. Access to non-public areas without authorisation shall be prohibited. Unofficial table of contents

Section 11 Prohibited Articles

(1) The carrying in the hand luggage or postpone of the

1.

Shot, hieb and shock weapons, as well as sprayers, which can be used for attack or defence purposes,

2.

explosives, ammunition, ignition capsules, flammable liquids, corrosive or toxic substances, gases in containers and other substances capable of causing an explosion or a fire on their own or in combination with other objects,

3.

objects which, according to their external form or marking, appear on the appearance of weapons, munitions or explosive substances;

4.

other than in the annex to Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 on common rules in the field of civil aviation security (OJ L 327, 30.12.2002, p. EC No L 355 p. 1)

(2) The Federal Ministry of the Interior may, in general or in individual cases, grant exemptions from the cases provided for in paragraph 1 (1) to (4) where there is a need , and the permission required under other legislation to carry these items is available. The permission can be provided with a secondary provision. (3) § 27 (2) of the Aviation Act remains unaffected. Unofficial table of contents

§ 12 Tasks and powers of the responsible aircraft driver

(1) The responsible aircraft operator shall be responsible for maintaining the safety and order on board the aircraft in the flight. It shall be entitled to take the necessary measures under the conditions laid down in paragraph 2 and in the laws otherwise in force. (2) The responsible aircraft operator shall take the necessary measures to ensure that a hazard in each case exists for: to prevent persons on board the aircraft or for the aircraft themselves. In doing so, it must respect the principle of proportionality (§ 4). In particular, the aircraft operator shall:

1.

identify the identity of a person,

2.

Ensure items,

3.

searching a person or stuff,

4.

unleash a person when facts justify the assumption that the person will attack the aircraft driver or third party or damage property.

(3) In order to enforce the measures, the aircraft driver may use coercive means. The use of physical force is only permissible if other coercive means are not considered, promise no success or are not appropriate. The use of firearms is reserved for police officers, in particular those of the Federal Police in accordance with § 4a of the Federal Police Act. (4) All persons on board have the orders of the aircraft driver or his/her The responsible aircraft operator shall replace the damage suffered by the Federal Republic of Germany by unlawful and deliberate or grossly negligent breach of its duties in the exercise of its duties. of the tasks and powers referred to in paragraphs 1 to 3. If the flight is carried out by an air carrier, the air carrier shall replace the damage which the Federal Republic of Germany has suffered as a result of an unlawful and culpable breach of the obligations of the responsible aircraft driver or its In the exercise of the duties and powers referred to in paragraphs 1 to 3, the person responsible shall be responsible.

Section 3
Support and mutual assistance by the armed forces

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§ 13 Decision of the Federal Government

(1) If, due to a significant air-traffic case, there are facts which, in the context of the security of security, justify the assumption that a particularly serious accident is imminent under the second sentence of Article 35 (2) or (3) of the Basic Law, the Armed forces, in so far as it is necessary to combat effectively, are used to assist the police forces of the countries in the airspace in order to prevent this accident. (2) The decision on an application under Article 35 (2) sentence 2 of the Basic Law meets the requirement of the affected country of the Federal Ministers of the Defense or, in the case of representation, the member of the Federal Government entitled to represent it in consultation with the Federal Minister of the Interior. If immediate action is required, the Federal Ministry of the Interior must be informed immediately. (3) The decision on an application pursuant to Article 35 (3) of the Basic Law shall be taken by the Federal Government in consultation with the countries concerned. If a timely decision of the Federal Government is not possible, the Federal Minister of Defense or, in the case of representation, the member of the Federal Government entitled to represent it, shall decide in consultation with the Federal Minister of the Federal Republic of Germany. Interior. The decision of the Federal Government must be brought about immediately. If immediate action is required, the countries concerned and the Federal Ministry of the Interior must be informed without delay. (4) The details will be settled between the Federal Government and the Länder. The support provided by the Armed Forces is governed by the provisions of this Act.

Footnote

§ § 13 to 15: In accordance with the decision-making formula with the GG compatible according to. BVerfGE v. 20.3.2013 I 1118-2 BvF 1/05-
Section 13 (3) sentence 2 and 3: incompatible with Art. 35 (3) sentence 1 of the GG and void. BVerfGE v. 20.3.2013 I 1118-2 BvF 1/05- Unofficial table of contents

Section 14 Application measures, issuing authority

(1) In order to prevent the occurrence of a particularly serious accident, the armed forces in the airspace shall be allowed to force aircraft, force them to land, threaten the use of gun violence or issue warning shots. (2) Of several possible Measures should be selected which are likely to least affect the individual and the general public. The measure may only be carried out for as long and as far as its purpose requires. It must not lead to a disadvantage which is discernitable to the success sought. (3) Direct action with force of arms is only permissible if, in the circumstances, it is to be assumed that the aircraft is against life. (4) The measure referred to in paragraph 3 may only be taken by the Federal Minister of Defence or, in the case of a representative, by the Member entitled to represent his or her representation. of the Federal Government. Moreover, the Federal Minister of Defence may authorize the inspector of the Air Force in general to order the measures referred to in paragraph 1.

Footnote

Section 14 (3): In accordance with the decision-making formula with GG, incompatible and void. BVerfGE v. 15.2.2006 I 466-1 BvR 357/05-
§ § 13 to 15: In accordance with the decision-making formula with the GG compatible according to. BVerfGE v. 20.3.2013 I 1118-2 BvF 1/05- Unofficial table of contents

Section 15 Other measures

(1) The measures pursuant to section 14 (1) and (3) may not be taken until after verification and unsuccessful attempts to warn and redirection. For this purpose, the armed forces may, at the request of the air navigation service organisation in the airspace, inspect, redirect or warn aircraft. A general request is admissible. The conditions for action shall be laid down in this case by prior agreement. (2) The Federal Minister of Defence may authorize the air force inspector in general to order the measures referred to in paragraph 1. The inspector of the Air Force shall immediately inform the Federal Minister of Defence of situations which could lead to measures pursuant to section 14 (1) and (3). (3) The other provisions and principles of mutual assistance shall remain unaffected.

Footnote

§ § 13 to 15: In accordance with the decision-making formula with the GG compatible according to. BVerfGE v. 20.3.2013 I 1118-2 BvF 1/05-

Section 4
Competence and procedures

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Section 16 responsibilities

(1) The local authority of the air safety authorities for the tasks referred to in § 2 shall extend to the airfield site. The measures pursuant to § 5 (3) and (4) and the reviews of the procedures for the safe handling of cargo, mail and supplies can also be carried out by the air safety authority outside the airfield site. (2) The tasks of the Air safety authorities in accordance with this Act and Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security (OJ L 327, 22.12.2002, p. EC No 1) shall be executed by the Länder on behalf of the Federal Government, unless otherwise specified in paragraphs 3 and 4. (3) The approval of air safety plans according to § 9 para. 1 including the monitoring of the Security measures are carried out by the Federal Aviation Office in Germany's own administration. In addition, the tasks of the air safety authorities may be carried out in accordance with this law in federal administration if this is necessary to ensure the uniform implementation of the security measures. In the cases of sentence 2, the tasks are carried out by the federal authority designated by the Federal Ministry of the Interior; the Federal Ministry of the Interior makes the takeover of tasks as well as the competent federal authorities in the Federal Gazette (4) The Federal Ministry of the Interior shall exercise the Federal Supervision pursuant to paragraph 2 of this Article. Measures affecting the operational interests of the airfield operator or the air carrier shall be arranged by the Federal Ministry of the Interior in agreement with the Federal Ministry of Transport, Building and Urban Development.

Footnote

§ 16 (2) and (3) sentence 2 and 3 (idF d. Art. 1 and Art. 2 No. 10 G v. 11.1.2005 I 78): compatible with the GG. BVerfGE v. 20.3.2013 I 1118-2 BvF 1/05 Unofficial table of contents

§ 17 authorisation to enact legal orders

(1) The Federal Ministry of the Interior shall, by means of a regulation with the consent of the Federal Council, regulate the details of the verification of reliability according to § 7, in particular:

1.

the deadline for a repeat of the review, and

2.

the details of the collection and use of personal data.

(2) The Federal Ministry of the Interior, in agreement with the Federal Ministry of Transport, Building and Urban Development, the Federal Ministry of Finance and the Federal Ministry for Economic Affairs and Technology and with the approval of the Federal Council, shall for the implementation of this Act or of Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 laying down common rules in the field of civil aviation security (OJ L 327, 31.12.2002, p. EC No 1), the necessary legal regulation concerning the costs (fees and expenses) for official acts, in particular the search for passengers and objects carried along, and their baggage or their inspection in any other appropriate manner. The legal regulation determines the chargeable facts and may provide for fixed rates or framework rates. The rates shall be calculated in such a way as to cover the personnel and material costs associated with the acts; in the case of beneficiary acts, the importance, economic value or other benefits may be added to the charges for the the debtor shall be duly taken into account. The legal regulation may, by way of derogation from the provisions of the Administrative Costing Act, provide for the exemption of costs, cost creditors, cost-debt compensation, the extent of the expenses to be reimbured and the cost increase in the up to 14 years. The current version will be governed by the current version. It may contain an obligation to provide information on the number of passengers concerned and on the nature and extent of the goods being transported; information on the persons concerned relating to the person to be stored in aeronautical files Personal data are free of charge. (3) The Federal Ministry of the Interior is authorized, in agreement with the Federal Ministry of Transport, Building and Urban Development, and with the consent of the Federal Council, to implement legal regulations for the implementation of the To enact security measures in accordance with § § 8 and 9. The legal regulations may, in particular, provide details of the structural and technical fuses, the searches of persons, objects and vehicles, the training of personnel and the contents of the air safety plans. on the market. It may also be determined that the Federal Ministry of the Interior may grant exemptions in general or in individual cases from the prescribed precautionary measures, insofar as security concerns permit.

Section 5
Fines and penalties

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Section 18 Penbual provisions

(1) Contrary to the law, those who intentionally or negligently act

1.

Contrary to Article 7 (5), sentence 3, it does not provide truthful information,

2.

, contrary to § 8 (1) sentence 2 or § 9 (1) sentence 2, the air safety plan for admission is not presented in due time,

3.

Contrary to § 8 (1) sentence 5 or § 9 (1) sentence 5, the security measures presented in the approved air safety plan shall not be carried out,

4.

Contrary to § 10, second sentence, sentence 2 to 4, the identity card shall not be visible in the non-generally accessible areas, shall be left to a third party, the issuing body shall not return it or shall not return it in time, or the issuing body shall lose the identity of the card. not or does not show in time,

5.

, contrary to Article 10, sentence 5, or a third party provides unauthorised access to areas which are not generally accessible; or

6.

3 or 4, § 8 (2), § 9 (1) sentence 3 or 4, or § 11 (2) sentence 2.

(2) The administrative offence referred to in paragraph 1 (1) to (5) may be punishable by a fine of up to ten thousand euros, and the administrative offence referred to in paragraph 1 (6) with a fine of up to twenty-five thousand euros. The Administrative Authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is the Air Safety Authority. Unofficial table of contents

Section 19 Criminal Code

(1) If, contrary to Article 11 (1), the objects referred to therein are carried on or carried by aircraft in aircraft or in areas which are not generally accessible at airports in the hand luggage, a term of imprisonment of up to two years shall be carried out or shall be carried out with (2) Those who commit the act negligently shall be punished with imprisonment of up to six months or with a fine of up to one hundred and eighty daily rates. Unofficial table of contents

§ 20 Penal and Penal Regulations on § 12

(1) The person who, contrary to Section 12 (4), is the person on board does not comply with the orders of the aircraft driver or his authorized representatives. A fine of up to twenty-five thousand euros may be punishable by a fine. (2) Anyone who deals with an act referred to in paragraph 1 and resists violence by force or by threat of violence, shall be punished with imprisonment up to (3) In particularly serious cases of paragraph 2, the penalty shall be six months to five years. A particularly serious case is usually available if:

1.

the perpetrator or any other party has a weapon in his/her own way to use it in the course of the act, or

2.

the perpetrator, through a violent act, puts the attacked in the danger of death or serious damage to health.

Section 6
Final destination

Unofficial table of contents

§ 21 Basic Law Restrictions

The fundamental rights to life, physical integrity and freedom of the person (Article 2 (2) sentence 1 and 2 of the Basic Law), the fundamental right of postal secrecy (Article 10 (1) of the Basic Law) and the fundamental right to inviolability of the Flat (Article 13 (1) of the Basic Law) shall be restricted in accordance with this Law.