Home » Public Security » Act on the Reorganisation of Aviation Security Tasks (Luftsicherheitsgesetz, LuftSiG)

Act on the Reorganisation of Aviation Security Tasks (Luftsicherheitsgesetz, LuftSiG)

In the version published on 11 January 2005 (Federal Law Gazette I p. 78)

Table of Contents

Article 1: Act on Aviation Security

Chapter 1: General Provisions

Section 1: Object

Section 2: Tasks

Chapter 2: Security Measures

Section 3: General Powers of the Aviation Security Authority

Section 4: Principle of Proportionality

Section 5: Special Powers of the Aviation Security Authority

Section 6: Recording, Processing and Utilising Personal Data

Section 7: Background Checks

Section 8: Security Measures to be taken by Airport Operators

Section 9: Security Measures to be taken by Air Carriers

Section 10: Access Authorisation

Section 11: Prohibited Items

Section 12: Tasks and Powers of the Responsible Aircraft Pilot

Chapter 3: Support and Administrative Assistance Rendered by the Armed Forces

Section 13: Decision by the Federal Government

Section 14: Measures, Power to Issue Orders

Section 15: Other Measures

Chapter 4: Competent Authorities and Procedure

Section 16: Competent Authorities

Section 17: Authorisation to Issue Ordinances

Chapter 5: Administrative Fines Regulations and Penal Provisions

Section 18: Administrative Fines Regulations

Section 19: Penal Provisions

Section 20: Administrative Fines Regulations and Penal Provisions Regarding Section 12

Chapter 6: Concluding Provision

Section 21: Restrictions on Fundamental Rights

Article 2: Amendment to the Civil Aviation Act

Article 3: Amendment to the Act on the Federal Border Police

Article 4: Amendment to the Act on the Central Foreigners’ Register

Article 5: Amendment to the Ordinance Implementing the Foreigners’ Act

Article 6: Amendment to the Act on the Federal Central Criminal Register

Article 7: Amendment to the Civil Aviation Licensing Ordinance

Article 8: Return to Standardised Hierarchy of Ordinance

Article 9: Entry into Force

Article 1: Act on Aviation Security

Chapter 1: General Provisions

Section 1: Object

This Act serves to protect the security of air traffic against attacks, especially against aircraft highjacking, acts of sabotage and terrorist attacks.

Section 2: Tasks

The aviation security authority is charged with averting attacks against aviation security within the meaning of Section 1. In particular, it shall conduct background checks as referred to in Section 7, shall authorise civil aviation security programmes as referred to in Section 8(1) sentence 2 and Section 9(1) sentence 2, shall order the implementing of security measures by airport operators as referred to in Section 8 and by air carriers as referred to in Section 9 and shall monitor compliance therewith.

Chapter 2 Security Measures

Section 3: General Powers of the Aviation Security Authority

The aviation security authority shall implement the necessary measures to avert threats to the security of air traffic in a particular case insofar as its powers are not regulated more specifically in Section 5.

Section 4: Principle of Proportionality

(1) That measure shall be chosen from amongst several possible and suitable measures which shall be presumed to cause the least interference to individual persons or to the general public.

(2) A chosen measure shall not lead to any disadvantage which is recognisably disproportionate to the anticipated success.

(3) A particular measure shall only be permissible until such time as its objective is fulfilled or it becomes apparent that this objective cannot be fulfilled.

Section 5: Special Powers of the Aviation Security Authority

(1) The aviation security authority shall be permitted to search or to screen by other appropriate means any persons who have entered or wish to enter security restricted areas in the airport. It may search, x-ray or screen items by other appropriate means which have been taken to or were to be taken to such areas. The aviation security authority shall be permitted to protect those places at which security controls are carried out by means of armed police officers, to patrol security areas in the airport and to secure vehicles at risk by means of armed sentinels.

(2) The aviation security authority shall be permitted to, in particular, apprehend passengers, employees of the airport operator, of the air carrier and other operators as well as other persons who have entered or wish to enter restricted access areas in the airport and to expel them from these areas in the event that these persons

1. cannot provide proof of their authorisation to enter these areas,

2. refuse to allow the aviation security authority to search them and any items carried or to screen by other appropriate means for articles listed in Section 11(1), or

3. do not surrender and leave outside the restricted access area the articles listed in Section 11(1) or other articles which are discovered during the searching or screening procedure and these would be suitable for carrying out attacks on persons or for damaging aircraft, or if they do not agree to surrender these articles to the air carrier for transportation.

(3) The aviation security authority shall be permitted to search, x-ray or screen by other appropriate methods any cargo, hold baggage, mail and other articles which have been taken or are to be taken to the security restricted areas in the airport for articles listed in Section 11(1). In the case of mail, sentence 1 finds application subject to the condition that these may only be opened in the event that certain facts substantiate the assumption that they contain articles whose transportation is in contravention of Section 11(1) or of Section 27 of the Civil Aviation Act.

(4) The aviation security authority shall be permitted, within business and working hours, to enter and inspect business and office premises insofar as this is necessary in order to carry out security measures in accordance with para. 2 and 3. Outside of business and working hours these rooms may only be entered or inspected in order to avert very serious threats to public security or public order.

(5) The aviation security authority shall be permitted to transfer the discharging of certain tasks regarding the carrying out of security measures in accordance with para. 1 to 4 to suitable (natural or legal) persons fulfilling state functions (Beliehener). The assigning of these rights may be revoked at any time. Those charged with fulfilling state functions (Beliehener) shall be authorised to implement the necessary measures within the framework of such tasks assigned as well as by other applicable laws.

(6) The tasks and powers of the police authorities shall remain unaffected.

Section 6: Recording, Processing and Utilising Personal Data

(1) The authority to record, process and utilise personal data shall be in accordance with regulations contained in federal and Land legislation applying to the aviation security authority insofar as this Act does not stipulate otherwise.

(2) Irrespective of the authority to transfer data in accordance with para. 1, the aviation security authority shall be permitted to transfer personal data to public authorities outside the scope of application of this Act if this is necessary to avert direct, considerable threats to the security of air traffic, in particular when terrorist attacks have been committed or a threat has been issued.

Section 7: Background Checks

(1) To protect against attacks on the security of air traffic (Section 1), the aviation security authority must carry out background checks on the following:

1. Persons who, in carrying out their professional occupation, are to be given access not just occasionally to security restricted areas of an airport as defined under Section 8 or of an air carrier as defined under Section 9;

2. Staff from the airport operator and air carriers, the aviation security company, cargo, mail and cleaning companies, as well as goods suppliers and comparable suppliers, who, on account of their job, have a direct influence on the security of air traffic; insofar as the aforementioned companies use staff from other companies, these shall be treated in a like manner;

3. Persons who are employed and charged with fulfilling state functions (Beliehener) pursuant to Section 5(5) or who have been authorised to carry out tasks pursuant to Section 27c(2) of the Civil Aviation Act based on Section 31b(1) sentence 2 of the Civil Aviation Act;

4. Pilots within the meaning of Section 4(1) sentence 1 in conjunction with Section 1(2) numbers 1 to 3 and 5 of the Civil Aviation Act and trainee pilots; and

5. Members of associations based at the airport, pupil interns or pilots within the meaning of Section 1(2) of the Civil Aviation Act or other authorised persons who are to be given access more than just occasionally to

a) security restricted areas of a commercial airport within the sense of Section 8, or

b) areas referred to in Section 9(1) number 2.

(2) The check is carried out upon submission of an application from the affected person. The person’s employer shall carry the costs of a background check regarding the pursuance of a profession.

Upon submitting an application the affected person shall be informed about

1. the responsible aviation security authority,

2. the reason for recording, processing and utilising such data,

3. those authorities who may be involved in accordance with para. 3 sentence 1 numbers 2 to 5 and para. 4, and

4. the recipient referred to in para. 7 sentences 2 and 3.

No background check shall be carried out in the event that the affected person

1. has been subject to an at least equivalent check in Germany within the past 12 months and there were no indications that the affected person was to be classed as unreliable; or

2. is subject to the extended security check referred to in Section 9 of the Security Clearance Check Act or the extended security check with security investigations referred to in Section 10 of the Security Clearance Check Act.

(3) In carrying out the background check the aviation security authority shall be permitted to

1. check the identity of the affected person;

2. submit requests for available and relevant information regarding the reliability of the affected person to the Land police authorities and the Land authorities responsible for the protection of the constitution, as well as, insofar as this is necessary in individual cases, to the Federal Criminal Police Office (BKA), the Customs Criminal Office, the Federal Office for Protection of the Constitution, the Federal Intelligence Service (BND), the Military Counterintelligence Service (MAD) and the Federal Commissioner for the Records of the State Security Service (Stasi) of the former GDR;

3. seek unlimited information from the Federal Central Criminal Register:

4. in the case of foreign nationals, submit a request for information to the Central Foreigners’ Register and, insofar as this is necessary in individual cases, submit requests for information to the respective foreigners authority regarding whether the affected person constitutes a liability to public security;

5. insofar as is necessary in individual cases, submit requests to the airport operator and the air carrier as well as to the person’s current employer for information that is available and relevant to the evaluation of the affected person’s reliability.

The affected person is obligated to co-operate during his/her background check.

(4) Should the information supplied by authorities referred to in para. 3 numbers 2 and 4 provide indications that reservations exist regarding the affected person’s reliability, the aviation security authority shall be permitted to submit requests for information to the criminal prosecution authorities.

(5) Before making a decision in the matter, the aviation security authority shall give the affected person the opportunity to make a statement regarding the information supplied, insofar as there are reservations regarding his/her reliability and this is not in contravention of any obligations to secrecy or, where the criminal prosecution authorities have submitted information, there is no danger that the purpose of the investigation may be jeopardised. Where an authority has supplied information referred to in para. 3 number 2 or in para. 4, the agreement of this authority must be given. The affected person is obligated to make true statements. He/she may refuse to provide information if this could lead to the threat of criminal prosecution, prosecution of an administrative offence or disciplinary measures or measures under labour law for himself/herself or persons referred to in Section 52(1) of the Code of Criminal Procedure (Strafprozessordnung). The affected person shall be instructed beforehand of his/her obligation to make true statements and of the right to remain silent.

(6) Until a background check has been completed, and no reservations regarding the reliability of the affected person remain, he/she may not be given access to security restricted areas in the airport (para. 1 numbers 1 and 5) or he/she may not take up his/her employment (para. 1 numbers 2 and 3).

(7) The aviation security authority shall only be permitted to utilise the data recorded in accordance with para. 3 and 4 for the purposes of the background check. It shall inform the affected person, his/her current employer, the airport operator, air carrier or air traffic control service, as well as any involved federal or Land police authorities and authorities responsible for the protection of the constitution of the outcome of the background check; none of the information on which the results of the check are based may be passed on to the affected person’s current employer. Other information may be passed on to the current employer insofar as it is necessary for the carrying out of court proceedings in connection with the background check. Section 161 of the Code of Criminal Procedure (Strafprozessordnung) shall remain unaffected.

(8) The aviation security authorities shall inform each other of any checks that are being carried out insofar as this is necessary in individual cases. Para. 7 sentence 1 shall apply accordingly.

(9) In the event that authorities involved in the background check referred to in para. 3 sentence 1 number 2 or offices involved based on para. 3 sentence 1 number 5 receive information after the background check has been completed and which is relevant to a background check on those persons referred to in para. 1, they shall be obligated to inform the aviation security authority of the available information. To this end, the surname, first name, name at birth, date of birth, place of birth, place of residence and nationality of the affected person, as well as the source of the information may be put on record. The Federal Office for Protection of the Constitution shall in addition be permitted to store the personal data of the affected person referred to in sentence 2 and the source of the information for this purpose in jointly used files in accordance with Section 6 of the Federal Act on the Protection of the Constitution. The authorities and offices referred to in sentence 1 shall inform the aviation security authority about which affected person they are storing data in accordance with sentences 2 and 3.

(10) The aviation security authority shall be permitted to co-operate in background checks which have been commissioned by offices outside of the scope of application of this Act. To this end it may pass on the surname, first name, name at birth, date of birth, place of birth, place of residence and nationality, as well as the outcome of the background check of the affected person. No data shall be passed on if the affected person has an interest meriting protection in this not being done, in particular where the authority receiving the information cannot guarantee an appropriate level of data protection. The authority receiving the information shall be instructed that the transferred data may only be utilised for the purpose to which it was transmitted.

(11) The personal data stored during the processing of a background check shall be deleted

1. by the aviation security authorities

a) within one year in the event that the affected person does not commence employment pursuant to para. 1;

b) three years after the affected person has left the employment pursuant to para. 1, unless he/she has in the meantime again taken up employment pursuant to para.1;

2. by the federal authorities involved pursuant to para. 3 and 4 and other involved authorities pursuant to para. 3 sentence 1 number 5

a) if the data was stored in accordance with para. 9 sentences 2 and 3, immediately after this data has been deleted in accordance with number 1; the aviation security authority shall inform the authorities involved that this data has been deleted;

b) in other cases, immediately after the end of the person in question’s involvement.

Should there be reason to suppose that the affected person’s interests meriting protection could be injured if the data were deleted, the data are to be disabled. Disabled data may only be utilised without the permission of the affected person insofar as this is imperative to avert a considerable threat.

Section 8: Security Measures to be taken by Airport Operators

(1) The airport operator shall, in order to protect airport operations from attacks against the security of air traffic, be obligated to

1. construct and design airport installations, buildings, rooms and facilities in such a manner that provides for the necessary structural and technical protection and proper implementation of staff security and protection measures and the control of restricted access areas, as well as to make available and maintain the necessary areas; equipment needed for screening passengers and items carried are exempt from this obligation, as are facilities and technical equipment for examining whether mail, hold baggage, cargo and supplies contain any articles referred to in Section 11(1);

2. securely transport and store mail, hold baggage, cargo and supplies required to carry out measures referred to in Section 5(3); this includes the transportation to and between multi-level control facilities;

3. fetch the passenger when searching hold baggage in accordance with Section 5(3) or, when searching such baggage in the absence of the passenger, to open any locks the items of luggage are fitted with;

4. secure any restricted access areas against unauthorised access and, in the case of security restricted areas, only to allow specially authorised person access;

5. search or screen by other appropriate means its own staff, staff from other companies operating in the airport and other persons prior to their accessing critical parts of the restricted access areas, as well as to search, x-ray or screen by other appropriate means any items carried and vehicles; this likewise applies to goods and supplies taken into these areas by other means;

6. train security staff for their tasks and to ensure all other employees take part in a security training programme;

7. take any aircraft which becomes the subject of a threat, in particular a bomb threat, to a designated security area, insofar as the air carrier is not obligated to do so in accordance with Section 9(1) sentence 1 number 5, as well as to deplane the aircraft, replenish supplies and dispose of any waste;

8. insofar as is necessary, to co-operate in background checks referred to in Section 7.

The airport operator shall outline the security measures referred to in sentence 1 numbers 1 to 8 in a civil aviation security programme within the meaning of Article 5 para. 4 of 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 EC L 355 p. 1), which shall be presented to the aviation security authority within a specified time period for authorisation. Authorisation may carry certain incidental provisions. The subsequent imposition of conditions shall also be permissible. The airport operator shall be obligated to carry out the security measures outlined in the authorised civil aviation security programme.

(2) The aviation security authority shall be permitted to obligate the operators of other airports to carry out security measures in accordance with para. 1, insofar as this is necessary to provide for the security of the air traffic.

(3) In order to provide and maintain rooms and areas in accordance with para. 1 and 2 which have been made available to the authority responsible for the implementation of measures in accordance with Section 5, the obligor shall be permitted to demand remuneration for his costs. The obligor shall carry the costs of the security measures referred to in para. 1 and 2. To determine the costs within the meaning of this Act, the regulations contained in the price law for public contracts shall be applied. If the market price is lower than the costs outlined therein, the market price shall be applied.

Section 9: Security Measures to be taken by Air Carriers

(1) An air carrier operating aircraft of more than 5.7 tonnes maximum weight shall, in the interests of providing protection from attacks against aviation security, be obligated to

1. carry out security measures when processing passengers and when handling mail, baggage, cargo and supplies;

2. secure all restricted access areas in the airport under his responsibility against unauthorised access and, where security restricted areas are concerned, to authorise access to such areas only to specially authorised persons; in the case of buildings, cargo installations and other operating facilities constructed on his behalf or operated by the air carrier itself, Section 8(1) numbers 1 to 7 shall apply accordingly;

3. train security staff to carry out their tasks and to ensure flight crews and ground staff take part in a security training programme;

4. secure any of his aircraft parked on a commercial airport in such a manner that neither unauthorised persons have access nor that suspicious articles can be taken onto the aircraft;

5. take any aircraft which becomes the subject of a threat, in particular a bomb threat, to a designated security area, or to co-operate in its being taken there by an airport operator in accordance with Section 8(1) sentence 1 number 7;

6. insofar as is necessary, to co-operate in background checks referred to in Section 7.

The air carrier shall outline the security measures referred to in sentence 1 numbers 1 to 6 in a civil aviation security programme within the meaning of Article 5 para. 4 of 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 EC L 355 p. 1), which shall be presented to the aviation security authority within a specified time period for authorisation; the aviation security authority may grant exceptions to the obligation to submit such a programme. Authorisation may carry certain incidental provisions. The subsequent imposition of conditions shall be permissible. The air carriers shall be obligated to carry out the security measures outlined in the authorised civil aviation security programme.

(2) Paragraph 1 shall apply

1. to air carriers who have been granted permission pursuant to Section 20 of the Civil Aviation Act, also outside the scope of this Act, in the event that and insofar as this does not conflict with locally applicable regulations;

2. to air carriers who have their head office outside of the scope of application of this Act, insofar as they utilise commercial airports located in the Federal Republic of Germany.

(3) The aviation security authority shall be permitted to obligate an air carrier to carry out security measures on other airports in accordance with para. 1 insofar as this is necessary to provide for secure air carrier operations.

(4) Any owner of aircraft other than those mentioned in para. 1 may be obligated by the aviation security authority to carry out security measures in accordance with para. 1 to 3 insofar as this is necessary to provide for aviation security.

Section 10: Access Authorisation

The aviation security authority shall determine who, upon fulfilment of the necessary preconditions, may be given authorised access to restricted access areas or from whom such authorisation should be withdrawn upon cessation of these preconditions. After completion of the background check in accordance with Section 7(1) the affected person may receive an identification card proving access has been authorised from the airport operator / air carrier in accordance with Section 8(1) or Section 9(1). The holder of the identification card shall be obligated to wear the identification card in a visible place when in restricted access areas and to return it after expiry or upon request. The holder of the identification card may not pass the card on to third parties. Loss of the identification card must be reported immediately to the issuing office. Access to restricted access areas is prohibited without authorisation.

Section 11: Prohibited Items

(1) The following are classified as prohibited articles and as such may not be carried in cabin baggage or on a passenger’s person whilst on an aircraft and in restricted access areas:

1. Firearms, cutting and thrust weapons, as well as aerosol sprays which can be used to attack other persons or for self-defence;

2. Explosives, ammunition, blasting caps, flammable liquids, corrosive or toxic substances, gases in containers, as well as other substances which on their own or in combination with other articles could cause an explosion or a fire;

3. Articles which, by dint of their shape or labelling, give the impression that they constitute weapons, ammunition or other dangerous, explosive substances;

4. Other articles listed in the Attachment to 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 EC L 355 p. 1).

(2) The Federal Ministry of the Interior may grant general or individual exceptions to articles listed in para. 1 numbers 1 to 4, insofar as there is a need to do so and authorisation to carry such articles is granted by other statutory regulations. Incidental provisions may be attached to any such permission.

(3) Section 27(2) of the Civil Aviation Act shall remain unaffected.

Section 12: Tasks and Powers of the Responsible Aircraft Pilot

(1) The responsible aircraft pilot, as the person charged with fulfilling state functions (Beliehener), shall ensure security and order is maintained on board any aircraft whilst in flight. He/she shall be authorised to carry out the necessary measures in accordance with para. 2 and other applicable laws.

(2) The responsible aircraft pilot shall be permitted to carry out any necessary measures in order, in individual cases, to avert an existing threat to persons onboard the aircraft or to the aircraft itself. In doing so he/she shall abide by the principle of proportionality (Section 4). In particular, the pilot shall be permitted to

1. establish the identity of a person,

2. secure articles,

3. search a person or an object,

4. handcuff a person if facts justify the assumption that the person will attack the aircraft pilot or third parties or damage objects.

(3) The aircraft pilot may apply means of coercion to enforce these measures. The use of physical violence is only permissible if other coercive measures cannot be taken into consideration, do not promise success or do not serve the purpose intended. The right to use firearms is reserved for police officers, in particular those of the Federal Border Police pursuant to Section 4a of the Act on the Federal Border Police.

(4) All persons onboard an aircraft must follow the instructions of the aircraft pilot or his/her agent in accordance with para. 2.

(5) The responsible pilot shall provide compensation for any damage resulting to the Federal Republic of Germany through unlawful and wilful or grossly negligent dereliction of his/her duties in discharging the tasks and powers referred to in para. 1 to 3. If the responsibility for a flight is with an air carrier, then the air carrier must provide compensation for damage resulting to the Federal Republic of Germany through unlawful and culpable dereliction of duty by the responsible aircraft pilot or his/her agent in discharging the tasks and powers referred to in para. 1 to 3.

Chapter 3 Support and Administrative Assistance Rendered by the Armed Forces

Section 13: Decision by the Federal Government

(1) In the event that, due to a considerable air traffic incident, facts become known which, as part of averting a danger, justify the assumption that a particularly serious accident pursuant to Article 35 para. 2 sentence 2 or para. 3 of the Basic Law (Constitution) will occur, the armed forces shall be permitted, insofar as is necessary for effectively averting this threat, to back up the Land police forces in air space to prevent the accident occurring.

(2) The decision regarding deployment of the armed forces in accordance with Article 35 para. 2 sentence 2 of the Basic Law shall be taken upon the request of the affected Land by the Federal Defence Minister or, in the event that he/she is being deputised, by the member of the federal government authorised to represent him/her in conjunction with the Federal Minister of the Interior. Should immediate action be required, the Federal Ministry of the Interior shall be informed without delay.

(3) The decision regarding the use of the armed forces in accordance with Article 35 para. 3 of the Basic Law shall be taken by the federal government in conjunction with the affected Länder. In the event that a timely decision by the federal government is not possible, the Federal Defence Minister or, in the event that he/she is being deputised, the member of the federal government authorised to represent him/her in conjunction with the Federal Minister of the Interior. The federal government’s decision shall be made immediately. Should immediate action be required, the affected Länder and the Federal Minister of the Interior shall be informed without delay.

(4) The federal administration and the Länder shall determine further details. Any backup provided by the armed forces shall be in accordance with this Act.

Section 14: Measures, Power to Issue Orders

(1) In order to prevent the occurrence of a particularly grave accident, the armed forces shall be permitted to force the aircraft aside, to force it to land, to threaten the use of armed force or to fire warning shots.

(2) Where there are several possible measures which could be taken, that measure is to be selected which will cause the least interference to individual persons and the general public. This measure may only be carried out for as long as and to such an extent as the purpose to which it is being put requires. It shall not be allowed to lead to any disadvantage which is recognisably disproportionate to the anticipated success.

(3) The direct use of armed force shall only be permissible in the event that circumstances suggest that the aircraft is intended to be used against human life and this is the only means to defend this human life against the current threat.

(4) Only the Federal Defence Minister or, in the event that he/she is being deputised, the member of the federal government authorised to represent him/her, may order the implementation of measures in accordance with para. 3 above. Furthermore, the Federal Defence Minister may authorise the Commander-in-Chief of the German Air Force to order measures in accordance with para. 1 above.

Section 15: Other Measures

(1) Measures referred to in Section 14(1) and (3) may only be taken after a check has been carried out and there have been unsuccessful attempts to warn and re-route the aircraft. To this end the armed forces, upon the request of the authority responsible for aviation security in the air space in question, may carry out a check, re-route or issue a warning to the aircraft. A generalised request shall be permissible. Agreement shall be reached beforehand regarding preconditions under which such action may be taken.

(2) The Federal Defence Minister shall be permitted to issue a general authorisation to the Commander-in-Chief of the German Air Force to order measures referred to in para. 1 above. The Commander-in-Chief of the Air Force must immediately inform the Federal Defence Minister if situations arise which could lead to measures referred to in Section 14(1) and (3) being taken.

(3) Other regulations and principles regarding administrative assistance shall remain unaffected.

Chapter 4 Competent Authorities and Procedure

Section 16: Competent Authorities

(1) Local competence of the aviation security authorities for duties based on Section 2 shall be limited by the airport boundaries. The aviation security authority may carry out measures referred to in Section 5(3) and (4) and the monitoring of procedures regarding companies’ safe handling of cargo, mail and supplies outside the boundaries of the airport.

(2) The duties of the aviation security authority pursuant to this Act and in accordance with to 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 EC L 355 p. 1) shall be carried out by the Länder on behalf of the federal administration insofar as para. 3 and 4 do not provide otherwise.

(3) The authorisation of civil aviation security programmes in accordance with Section 9(1), including the monitoring of security measures outlined therein, shall be carried out by the Federal Office of Civil Aeronautics under federal administration. Furthermore, the duties of the aviation security authority may, based on this Act, be carried out under federal administration where this is necessary to guarantee security measures are performed uniformly across the Federal Republic. In those cases referred to in sentence 2, these duties shall be carried out by a federal authority to be determined by the Federal Ministry of the Interior; the Federal Ministry of the Interior shall announce in the Federal Bulletin the fact that these duties have been taken on and shall name the responsible federal authority.

(4) The Federal Ministry of the Interior shall be charged with overseeing the duties outlined in para. 2. Measures which have repercussions for the operations of the airport operator or the air carrier shall be ordered by the Federal Ministry of the Interior with the agreement of the Federal Ministry for Transport, Building and Housing.

Section 17: Power to Issue Ordinances

(1) The Federal Ministry of the Interior shall, by issuing ordinances and with the agreement of the Bundesrat, regulate details regarding background checks referred to in Section 7, in particular

1. the period within which the background check is to be repeated, as well as

2. details regarding the recording and utilisation of personal data.

(2) The Federal Ministry of the Interior shall, with the agreement of the Federal Ministry for Transport, Building and Housing, the Federal Finance Ministry and the Federal Ministry for Economics and Labour and with the agreement of the Bundesrat, issue ordinances regarding costs (fees and expenses) for official acts, in particular the screening of passengers and items carried as well as their baggage or the inspection by other means which are necessary to implement this Act or 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 EC L 355 p. 1). The ordinance shall determine which matters shall be subject to a fee and may list fixed prices or ranges. The rates of charges shall be calculated so that the human resources costs and other costs associated with the official duties shall be covered; in the case of official acts from which the affected person derives a benefit, the significance, the economic value for or the other benefit to the person liable to pay the fee may be taken into consideration. The ordinance may also determine exemptions from the fee, the creditors, the debtors, the extent of reimbursable expenses and charges levied by other means than set out in the Act on Administrative Expenses. It may contain the debtor’s duty to provide information regarding the number of affected passengers as well as on the type and number of transported articles; information provided to affected persons regarding personal data stored in air traffic files shall be free of charge.

(3) The Federal Ministry of the Interior shall be authorised, in agreement with the Federal Ministry for Transport, Building and Housing and with the agreement of the Bundesrat, to issue ordinances in regard to the carrying out of security measures pursuant to Sections 8 and 9. These ordinances may, in particular, contain details regarding structural and technical safeguards, screening of persons, articles and vehicles, training measures for staff and the content of civil aviation security programmes. It may, furthermore, be determined that the Federal Ministry of the Interior may authorise exceptions to the prescribed security measures in general or in individual cases, so far as security consideration permit.

Chapter 5 Administrative Fines Regulations and Penal Provisions

Section 18: Administrative Fines Regulations

(1) An administrative offence shall be deemed to be committed by any person who wilfully or negligently

1. in contravention of Section 7(5) sentence 3 does not make true statements;

2. in contravention of Section 8(1) sentence 2 or Section 9(1) sentence 2 does not present a civil aviation security programme for authorisation within the specified time limit;

3. in contravention of Section 8(1) sentence 5 or Section 9(1) sentence 5 does not carry out the security measures outlined in an authorised civil aviation security programme;

4. in contravention of Section 10 sentences 2 to 4 does not wear his/her identification card in a visible place whilst in restricted access areas, gives it to third parties, does not hand it back to the issuing office or does not do so in good time, or does not inform the issuing office of the loss of this identification card or does not do so in good time;

5. in contravention of Section 10 sentence 5 gains unauthorised access for himself/herself or a third party to restricted access areas; or

6. contravenes an enforceable order or instruction pursuant to Section 8(1) sentence 3 or 4, Section 8(2), Section 9(1) sentence 3 or 4, or Section 11(2) sentence 2.

(2) An administrative offence based on para. 1 numbers 1 to 5 may be punished with a fine of not more than ten thousand euro; an administrative offence based on para. 1 number 6 with a fine of up to twenty-five thousand euro. The aviation security authority shall be the administrative authority within the meaning of Section 36(1) number 1 of the Act on Administrative Offences.

Section 19: Penal Provisions

(1) Anyone who, in contravention of Section 11(1), carries with them in their hand luggage or on their person on an aircraft or in restricted access areas in an airport the articles listed in Section 11(1) shall be punished with imprisonment of not more than two years or with a fine.

(2) Anyone who acts negligently shall be punished with imprisonment of not more than six months or a fine of not more than 180 daily rates.

Section 20: Administrative Fines Regulations and Penal Provisions Regarding Section 12

(1) An administrative offence shall be deemed to be committed by any person who, in contravention of Section 12(4), when travelling as a passenger on an aircraft, does not obey the instructions of the pilot or his/her authorised agent. Such an administrative offence may be punished with a fine of not more than twenty-five thousand euro.

(2) Anyone who commits the act outlined in para. 1 above and thereby offers resistance by use of force or threatens resistance by use of force, shall be punished with imprisonment for not more than two years or a fine.

(3) In particularly serious cases of an act under para. 2 the period of imprisonment shall be between six months and not more than five years. A particularly serious case is generally defined as when

1. the perpetrator or another involved person carries a weapon in order to use this in committing the act; or

2. the perpetrator, by means of the force used, places the person on whom the force is used in mortal danger or inflicts serious bodily injury.

Chapter 6 Concluding Provision

Section 21: Restrictions on Fundamental Rights

The fundamental rights to life, physical integrity and freedom of the person (Article 2 para. 2 sentences 1 and 2 of the Basic Law), the fundamental right to privacy of correspondence (Article 10 para. 2 of the Basic Law) and the fundamental right to the inviolability of the home (Article 13 para. 1 of the Basic Law) shall be restricted subject to this Act.

Article 2: Amendment to the Civil Aviation Act

The Civil Aviation Act as amended by publication of 27 March 1999 (Federal Law Gazette I, p. 550), last amended by Article 1 of the Act of 21 August 2002 (Federal Law Gazette I, p. 3355), is hereby amended as follows:

1. The following words shall be added to Section 4(1) sentence 1 number 3: “and no doubts regarding the reliability of the applicant exist pursuant to Section 7 of the Act on Aviation Security,”.

2. Section 19b shall be deleted.

3. Section 20a shall be deleted.

4. In Section 20b sentence 3 the reference “Section 20a(2)” shall be replaced by the reference “Section 9(2) of the Act on Aviation Security.

5. Section 27(4) shall read as follows: “(4) Section 11(1) and (2) of the Act on Aviation Security shall remain unaffected.”

6. Section 27c shall be amended as follows:

a) In para. 2 number 1a the words “including the checking, warning and re-routing of aircraft in air space” will be added after the word “airports”.

b) The following paragraph 4 shall be added after paragraph 3: “(4) Section 15 of the Act on Aviation Security shall remain unaffected.”

7. Section 29 shall be amended as follows:

a) The word “operational” shall be added in front of the word “hazards” in para. 1 sentence 1.

b) Paragraph 3 shall be deleted.

8. Section 29c shall be deleted.

9. Section 29d shall be deleted.

10. Section 31(2) shall be amended as follows:

a) The semicolon at the end of number 18 shall be replaced by a full stop.

b) Number 19 shall be deleted.

11. Section 32 shall be amended as follows:

a) The full stop at the end of para. 1 number 13 sentence 6 shall be replaced by a comma.

b) Paragraph 1 number 13 sentence 7 and para. 2a and 2b shall be deleted.

12. Section 58 shall be amended as follows:

a) In para. 1 numbers 4a to 4e shall be deleted.

b) In para. 1 number 11 the reference “or (4) sentence 2” after the reference “27(1) or (2)” and the reference “authorisation pursuant to Section 19b(1) sentences 3 or 4 or 20a(1) sentences 3 or 4” following the reference “24(1)” shall be deleted.

c) In para. 2 the references “4c to 4f” and “to 4b” shall be deleted.

13. Section 60(1) number 8 shall be deleted.

14. Section 69 shall be deleted.

Article 3: Amendment to the Act on the Federal Border Police

The Act on the Federal Border Police of 19 October 1994 (Federal Law Gazette I, p. 2978f), last amended by Article 6 of the Act of 9 January 2002 (Federal Law Gazette I, p. 361, 365) is hereby amended as follows:

1. Section 4 shall be rendered as follows:

“Section 4 Aviation Security

The Federal Border Police shall provide protection against attacks on aviation security pursuant to Section 5 of the Act on Aviation Security, insofar as these duties are carried out pursuant to Section 16(3) sentences 2 and 3 of the Act on Aviation Security under federal administration.”

2. In Section 4a sentence 2 the reference “Section 29(3) sentence 1 of the Civil Aviation Act” shall be replaced by the reference “Section 12(1) sentence 1 of the Act on Aviation Security”.

3. In Section 14(3) sentence 3 the reference “Section 29c and 29d of the Civil Aviation Act” shall be replaced by the reference “Section 5 of the Act on Aviation Security”.

4. In Section 62(4) sentence 2 the reference “Section 19b(1) sentence 1 number 1 second clause of the Civil Aviation Act” shall be replaced by the reference “Section 8(1) sentence 1 number 1, second clause of the Act on Aviation Security”.

Article 4: Amendment to the Act on the Central Foreigners’ Register

The Act on the Central Foreigners’ Register of 2 September 1994 (Federal Law Gazette I, p. 2265), last amended by Article 5(4) of the Act of 22 August 2002 (Federal Law Gazette I, 3390), is hereby amended as follows:

1. In the table of contents in the reference to Section 15 the words “Land aviation authorities within the meaning of Section 29d of the Civil Aviation Act” shall be replaced by the words “aviation security authorities within the meaning of Section 7 of the Act on Aviation Security”.

2. In the heading and in para. 1 sentence 3 of Section 15 the words “Land aviation authorities within the meaning of Section 29d of the Civil Aviation Act” shall be replaced by the words “aviation security authorities within the meaning of Section 7 of the Act on Aviation Security”.

Article 5: Amendment to the Ordinance Implementing the Foreigners’ Act

The Ordinance Implementing the Foreigners’ Act of 17 May 1995 (Federal Law Gazette I, p. 695), last amended by Article 6(2) of the Act of 22 August 2002 (Federal Law Gazette I, p. 3390), is hereby amended as follows:

1. In Section 8(3) sentence 3 number 21 the words “Section 29d of the Civil Aviation Act” shall be replaced by the words “Section 7 of the Act on Aviation Security”.

2. In the Annex, Chapter I, numbers 1, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 24a, in column D the words “Land aviation authorities within the meaning of Section 29d of the Civil Aviation Act” shall be replaced in each instance by the words “aviation security authorities within the meaning of Section 7 of the Act on Aviation Security”.

Article 6: Amendment to the Act on the Federal Central Criminal Register

The Act on the Federal Central Criminal Register of 18 March 1971 (Federal Law Gazette I, p. 243) as amended by publication of 21 September 1984 (Federal Law Gazette I, p. 1229, 1985 I, p. 195), last amended by Article 4 of the Act of 22 December 2003 (Federal Law Gazette I, p. 2834), is hereby amended as follows:

In Section 41(1) sentence 1 number 13 the word “aviation authorities” shall be replaced by the word “aviation security authorities” and the reference “Section 29d of the Civil Aviation Act” by the reference “Section 7 of the Act on Aviation Security”.

Article 7: Amendment to the Civil Aviation Licensing Ordinance

The Civil Aviation Licensing Ordinance, as amended by publication of 27 March 1999 (Federal Law Gazette I, p. 610), last amended by Article 2 of the Act of 29 December 2003 (Federal Law Gazette I, p. 3093) is hereby amended as follows:

Section 77 shall be deleted.

Article 8: Return to Standardised Hierarchy of Ordinance

Those sections of the Ordinance Implementing the Foreigners’ Act based on Article 5 may be amended by virtue of the authority of the Act on the Central Foreigners’ Register of 2 September 1994 (Federal Law Gazette I, p. 2265) by the issuing of ordinances.

Article 9: Entry into Force

This Act shall enter into force on the day following its promulgation.

 

The above translation is unofficial. It was published by the Federal Ministry of the Interior. Reproduced with kind permission. © 2005 Federal Ministry of the Interior. This HTML edition by Nico Köppel, and ©  2009 Gerhard Dannemann. The contents of this page may be downloaded and printed out in single copies for individual use only. Making multiple copies without permission is prohibited.


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