Bavarian Disaster Protection Act

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Basic data
Title: Bavarian Disaster Protection Act
Abbreviation: BayKSG
Type: State Law
Scope: Free State of Bavaria
Issued on the basis of: Art. 70 GG
Legal matter: Special administrative law
Issued on: July 24, 1996 (GVBl. P. 282)
Entry into force on: January 1, 1997
Last change by: § 1 , para. 166 VO from 26 March 2019 (GVBl p. 98)
Effective date of the
last change: 		1st May 2019
Weblink: Text of the law
Please note the note on the applicable legal version.

The Bavarian Disaster Protection Act (BayKSG) is a state law that regulates the tasks and powers of the Bavarian disaster control authorities in the defense of disasters and the necessary preparatory measures.

A catastrophe in the sense of the BayKSG “is an event in which the life or health of a large number of people or the natural foundations of life or significant property are endangered or damaged to an unusual extent and the danger can only be averted or the disruption can only be prevented and eliminated if under the direction of the disaster control authority, the authorities, agencies, organizations and the forces involved in disaster control work together ”(Art. 1 Para. 2 BayKSG).

These are in particular natural disasters such as extreme snowfall or severe floods, but also other serious accidents such as the Bad Aibling railway accident or nuclear accidents.

Preparatory actions

The preparatory measures in disaster control include, in particular, drawing up disaster control plans and special alarm and deployment plans and carrying out disaster control exercises (Art. 3 BayKSG).

Without prejudice to the operator's obligations under the 12th BImschV ( Incident Ordinance ), the district administrative authorities are obliged, based on Art. 6 of the Seveso III Directive , to draw up external emergency plans for industrial companies in which chemicals or explosives are present that reach or exceed certain thresholds ( Art. 3a BayKSG). There are 136 establishments in this category in Bavaria, 39 of which, due to their geographical location and proximity, as well as their lists of hazardous substances, may have an increased risk of serious accidents or these accidents may have more serious consequences.

Emergency plans are also provided for waste disposal facilities where failure or improper operation could lead to a serious accident due to their size, location and environmental impact (Art. 3b BayKSG in conjunction with Directive 2006/21 / EC).

The plans are drawn up after the public has been heard (Art. 3a Paragraphs 5 and 6, Art. 3b Paragraph 1 Clause 2 BayKSG).

Hospital operators must draw up alarm and deployment plans, which include, in particular, organizational measures to expand the reception and treatment capacity in order to cope with a large number of injured persons (Art. 8 (1) BayKSG). They make these plans available to the integrated control center .

Measures in the event of a disaster

Disaster control authorities are the district administrative authorities , the governments and the State Ministry of the Interior, for Sport and Integration (Art. 2 BayKSG). If necessary, these establish the existence and the end of a disaster and publicly announce the discovery without delay (Art. 4).

The disaster control authority is in charge of the operation and has an extensive right to issue instructions to all state authorities and agencies responsible for the area of ​​operation of the same or a lower level as well as those obliged to provide disaster relief and the forces deployed (Art. 5 BayKSG).

At the request of the disaster control authorities, the following are obliged to participate in disaster control (Art. 7 Para. 3 BayKSG):

  1. the authorities and offices of the Free State of Bavaria,
  2. the municipalities, the districts and the districts,
  3. the other bodies, institutions and foundations under public law that are subject to the supervision of the Free State of Bavaria,
  4. the fire brigades,
  5. the voluntary aid organizations, in particular the Bavarian Red Cross , the Arbeiter-Samariter-Bund , the Malteser-Hilfsdienst , the Johanniter-Unfall-Hilfe and the Deutsche Lebens-Rettungs-Gesellschaft ,
  6. the associations of voluntary welfare.

According to the Bavarian Ministry of the Interior, the Free State of Bavaria has more than 470,000 emergency services who can help in the event of a disaster. 450,000 of them work on a voluntary basis .

At the request of the disaster control authority, the THW provides technical assistance (Art. 8 Paragraph 3 BayKSG, Section 1 Paragraph 2 No. 3 THW Law ).

In order to avert a disaster, the disaster control authority can demand that every person provide services, material and work services and order the use of property, and in the event of imminent danger, it can also claim property directly (Art. 9 BayKSG). In exigent circumstances and as far as police is not available, it can also prohibit entering the disaster area, people from there point and lock the disaster area and evacuate (Art. 10 BayKSG). Violations can be punished as administrative offenses with a fine of up to five thousand euros (Art. 18 BayKSG).

Services that go beyond normal assistance or legal obligations as well as unreasonable damage suffered as a result of measures under Art. 9 or 10 will be compensated in accordance with Art. 14 BayKSG. According to Section 323c of the Criminal Code obliges everyone to provide help in the event of accidents or common danger or emergency, if this is necessary and can be reasonably expected of him under the circumstances, in particular without significant personal risk and without violating other important obligations. Art. 14 BayKSG only grants compensation in accordance with the principles of the right to sacrifice in exceptional cases .

The right to physical integrity , the freedom of the person , the freedom of assembly , the freedom of movement and the inviolability of the home (Art. 2 Paragraph 2 Sentences 1 and 2, Art. 8 Paragraph 2, Art. 11 and 13 of the Basic Law , Art. 102, 106 Para. 3, Art. 109, 113 of the Constitution of the Free State of Bavaria ) can be restricted on the basis of the BayKSG (Art. 19 BayKSG). The BayKSG thus has an emergency-like character.

Fund to promote civil protection

Disaster control expenses are borne by the Fund for the Promotion of Disaster Control (Art. 12 BayKSG). The fund is a state-administered special fund without its own legal personality and is funded 2/3 from contributions from the state and 1/3 from contributions from the districts and municipalities.

Infection control measures

There is a qualitative difference in the active use of third parties for assistance compared to the ordering of infection protection measures, such as quarantines or curfews , which are based on Section 28 (1) or Section 32 of the Infection Protection Act (IfSG). Their prohibitive effect is exhausted in the duty of passivity. The curfew ordered on March 24, 2020 for Bavaria on the basis of Section 32 IfSG is an infection protection measure within the scope of the IfSG. Insofar as the IfSG is authorized to adopt such measures and the authorities responsible under the IfSG are still able to act, the powers that are conveyed by the BayKSG in the event of a disaster must subordinate to the infection protection law as a lex specialis .

The Bavarian Infection Protection Act provides, among other things, for active access to the manufacturers of drugs and medical products as well as the active use of medical and nursing staff in order to stabilize the health system in the event of a crisis. However, it does not allow anyone to make use of the way the BayKSG knows. It also authorizes the authorities responsible for enforcing the Infection Protection Act (district administration authorities), not the disaster control authorities.

All previous measures to combat the COVID-19 pandemic in Bavaria , which restrict fundamental rights, were expressly based on the Infection Protection Act.

Web links

Individual evidence

  1. ↑ Federal Ministry of the Interior, Building and Home Affairs : Who does what in civil protection and disaster control? Retrieved March 26, 2020.
  2. ↑ cf. Inquiries about the plenary session of October 17, 2016 with the answers received from the State Government of the Bavarian State Parliament, Drs. 17/13706 of October 20, 2016, p. 11
  3. ↑ Directive 2012/18 / EU of the European Parliament and of the Council of July 4, 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82 / EC . In: Official Journal of the European Union . L 197, July 24, 2012
  4. ↑ As of December 31, 2018, cf. Federal Ministry for the Environment, Nature Conservation and Nuclear Safety : Report of the Federal Republic of Germany in accordance with Article 21 Paragraphs 2 and 5 of Directive 2012/18 / EU of the European Parliament and of the Council on the control of the dangers of major accidents involving dangerous substances p. 6 f., 22
  5. ↑ Directive 2006/21 / EC of the European Parliament and of the Council of March 15, 2006 on the management of waste from the extractive industries and amending Directive 2004/35 / EC. In: Official Journal of the European Union . L 102, April 11, 2006, p. 15.
  6. ↑ Integrated control centers Bavarian State Ministry of the Interior, for Sport and Integration , accessed on March 29, 2020.
  7. ^ Bavarian state government : Corona pandemic: Bavaria declares a disaster; Event bans and operating bans March 16, 2020.
  8. ↑ Sven Kaufmann: Disaster Bavaria 2020: What is the disaster in Bavaria? Everything about the meaning and effects March 16, 2020.
  9. ↑ What is a disaster in Bavaria? Bayerischer Rundfunk , March 15, 2020.
  10. ↑ cf. Bernd Heinrich : Failure to provide assistance; Disability of assisting persons, § 323c StGB as of October 1, 2019
  11. ↑ Equipment and financing in the disaster control Bavarian State Ministry of the Interior, for Sport and Integration , accessed on March 29, 2020.
  12. ↑ Bavarian Ordinance on Temporary Exit Restrictions on the Occasion of the Corona Pandemic , BayMBl. 2020 No. 130 of March 24, 2020
  13. ↑ Dirk Uwer , Norman Koschmieder: Corona pandemic disaster: Duty to help . In: Legal Tribune Online . March 26, 2020.