Aviation Security Authority

As aviation security authorities of be in Germany since the implementation Aviation Security Act (Aviation Security) called the federal authorities and the states on 15 January 2005 the tasks of aviation security perceive and run the Aviation Security Act. The aviation authorities occur next to the after air traffic law established (LuftVG) aviation authorities . While the aviation security authorities more on aviation security in terms of defense against external threats (in English security are responsible), are responsible for aviation safety, and therefore operational reasons for the defense hazards (in English safety , the aviation authorities responsible). For details of the responsibilities of the aviation security authorities, cf. the main article → Aviation Security Act.

The aviation security authority for the approval of aviation security plans according to § 9 Abs. 1 LuftSiG is the Luftfahrt-Bundesamt ( § 16 Abs. 3 LuftSiG). The federal government is also entitled to implement the Aviation Security Act by federal authorities under federal administration if this is necessary to ensure the nationwide implementation of security measures from the perspective of the federal government ( Section 16 (3a) sentence 2 Aviation Security Act).

The federal government has not yet made use of this authorization. The other tasks of the Aviation Security Act are therefore performed by the authorities of the federal states ( Section 16 (2) Aviation Security Act). According to the Federal Constitutional Court, the term aviation security authority is an abbreviation for the authorities entrusted with the performance of the tasks under the Aviation Security Act and has the sole function of dispensing with this more complicated description. A requirement that affected the organizational sovereignty of the federal states - for example to the effect that the above-mentioned tasks would have to be assigned to certain existing or newly established authorities or to only one authority in each case - is not associated with this.

Aviation security authorities of the individual federal states

The federal states have decided to transfer the tasks of the aviation security authority to existing authorities. Next to each for aviation or public security and order relevant ministry (in city-states: Senate) as the top air safety authority are to aviation security authorities have been determined:

in Baden-Württemberg the regional councils,
in Bavaria the government of Upper Bavaria - Luftamt Südbayern - and the government of Middle Franconia - Luftamt Nordbayern - for protection against attacks on the safety of air traffic (§ § 3 , § 5 and § 7 Aviation Security Act) including the decision in individual cases which persons the Authorization to access areas that are not generally accessible may be granted or withdrawn if the requirements are no longer applicable ( Section 10 Sentence 1 Aviation Security Act), supervision of the implementation of Section 8 Aviation Security Act with the exception of the airports in Munich and Nuremberg as well as the implementation of the Aviation Security Training Ordinance (LuftSiSchulV), otherwise the State Ministry for Economy, Infrastructure, Transport and Technology ,
in Berlin and Brandenburg the Joint Upper Aviation Authority Berlin-Brandenburg,
in Bremen the Senator for Economics, Labor and Ports, with the exception of the tasks according to § 13 , which are incumbent on the Senator for Interior and Sport,
in Hamburg the authority for economy, transport and innovation , partly (with regard to § 13 Abs. 2 and 3 LuftSiG) the authority for interior affairs and sport ,
In Hesse, the Frankfurt am Main Police Headquarters for the implementation of Sections 7 and 10 of the Aviation Security Act, the ministry responsible for air traffic for the approval of the aviation security plan for Frankfurt am Main Airport in accordance with Section 8 of the Aviation Security Act, as well as the Darmstadt and Kassel regional authorities,
in Mecklenburg-Western Pomerania the Ministry for Transport, Building and State Development Mecklenburg-Western Pomerania,
in Lower Saxony the state authority for road construction and traffic with the exception of the tasks according to § 8 LuftSiG for the airport Hannover-Langenhagen ; the Ministry responsible for transport is responsible for this,
in North Rhine-Westphalia the district governments in Düsseldorf and Münster with the exception of the approval of the aviation security plans according to § 8 Abs. 1 LuftSiG at the airports Düsseldorf , Cologne / Bonn and Münster / Osnabrück ; the ministry responsible for traffic is responsible for this,
in Rhineland-Palatinate the State Office for Roads and Transport,
in Saarland the Ministry of Economics and Science,
in Saxony, the State Office of Saxony , with the exception of the preparation of aviation security plans in accordance with Section 8 , for which the Saxon State Ministry for Economics, Labor and Transport is responsible,
in Saxony-Anhalt the state administration office ,
in Schleswig-Holstein the State Office for Road Construction and Transport Schleswig-Holstein,
in Thuringia, the state administration office for the tasks according to § § 5 , § 7 , § 8 and § 10 Aviation Security Act, otherwise the ministry responsible for aviation matters.

Individual evidence

↑ Decision of the BVerfG of May 4, 2010 - 2 BvL 8/07 and 2 BvL 9/07 - No. 131.

↑ § 1 Para. 1 [Bad.-Württ.] Ordinance of the Ministry of the Interior on responsibilities in the field of air traffic management (Aviation Responsibility Ordinance) of September 21, 1998 (Journal of Laws of 1998, 616), last amended by an ordinance of January 25, 2012 (Journal of Laws of 65, 92).

↑ § 27 No. 23 of the [Bay.] Ordinance on Responsibilities in the Transport System (BefVVerk) of December 22, 1998 (GVBl. P. 1025), last amended by ordinance of October 15, 2010 (GVBl. P. 717) and Art 9 [Bay.] Law on Responsibilities in Transport (ZusatzGVerk) of June 28, 1990 (GVBl. P. 220), last amended by the law of March 24, 2010 (GVBl. P. 138).

↑ No. 36 of the Annex to Section 2, Paragraph 4, Clause 1 [Berl.] General Law for the Protection of Public Safety and Order in Berlin (General Security and Ordinance Law - ASOG Bln) in the version of October 11, 2006 (GVBl. P. 930), last amended by law of June 3, 2010 (GVBl. P. 285); Section 2, Paragraph 2 and Section 3 of the [Brandbg.] Ordinance to determine the competent authorities in the fields of aviation and aviation security in the State of Brandenburg (Aviation and Aviation Security Responsibility Ordinance - LuFaLuSiZV) of July 2, 1994 (GVBl. II p. 610 ), last amended by ordinance of 7 July 2009 (GVBl. II p. 432).

↑ Sections 4 and 5 [Brem.] Announcement on the responsibilities under the Aviation Act and the Aviation Security Act of February 8, 2005 (Official Journal p. 75) i. V. m. of the announcement of January 24, 2012 (Journal of Laws p. 24).

^ [Hamburger] Order on competences in the field of air traffic of April 27, 1982 (Official. Anz. P. 797), last amended by an order of September 20, 2011 (Official. An. Pp. 2157, 2180).

↑ Sections 1 to 3 [Hess.] Ordinance on the determination of competencies and responsibilities under aviation law according to the Aviation Security Act of November 24, 2005 (GVBl. I p. 772), last amended by the ordinance of November 29, 2010 (GVBl. I p. 450, 453).

↑ § 15 [Lower.] Ordinance on responsibilities in the area of traffic (BefVO traffic) of August 3, 2009 (GVBl. P. 316, ber. P. 329).

↑ Sections 1 and 2 Ordinance determining the competent authorities in the field of aviation (Aviation Competence Ordinance - LuftfahrtZustVO) of 7 August 2007 (GV. NRW p. 316).

↑ § 1 [Rh.-Pf.] State Ordinance on Responsibilities under the Aviation Act and the Aviation Security Act of March 20, 1992 (GVBl. P. 82), last amended by an ordinance of September 28, 2005 (GVBl. P. 450).

↑ § 1 [Saarl.] Ordinance on competences in the field of aviation (competency ordinance for aviation - LuftZustVO Saarland) of June 15, 2010 (Official Journal p. 1228).

↑ § 1 No. 15 of the ordinance of the Saxon State Government and the Saxon State Ministry for Economics, Labor and Transport on responsibilities in the field of air traffic administration (LuftZuVO) of 23 August 2006 (SächsGVBl. P. 438, ber. P. 491), amended by ordinance of March 2, 2012 (SächsGVBl. p. 163).

↑ Section 16, Paragraph 1 of the Saxon Administrative Organization Act ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. of November 25, 2003 (SächsGVBl. p. 899), last amended by law of January 27, 2012 (SächsGVBl. p. 130) i. V. with Section VII No. 26 of the resolution of the Saxon State Government on the delimitation of the business areas of the State Ministries ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (PDF doc. 50 KB) dated November 17, 2009 (SächsGVBl. P. 587), last amended by resolution of March 22, 2012 (SächsGVBl. P. 240).@1@ 2 @1@ 2

↑ § 14 [Sachs.-Anh.] Ordinance on responsibilities in various areas of hazard prevention (BefVO SOG) of July 31, 2002 (GVBl. LSA p. 328), last amended by law of November 5, 2009 (GVBl. LSA P. 514, p. 520).

↑ § 1 No. 4 [Schl.-Hst.] State ordinance to determine the competent authorities according to the Aviation Act, the Aviation Safety Act and the State Cable Car Act of November 6, 2005 (GVOBl. P. 527).

↑ Sections 1 and 2 of the Thuringian Ordinance on Responsibilities in the Field of Air Transport of September 28, 1995 (GVBl. P. 321), last amended by the ordinance of July 8, 2008 (GVBl. P. 292).

[1] Decision of the BVerfG of May 4, 2010 - 2 BvL 8/07 and 2 BvL 9/07 - No. 131.

[2] § 1 Para. 1 [Bad.-Württ.] Ordinance of the Ministry of the Interior on responsibilities in the field of air traffic management (Aviation Responsibility Ordinance) of September 21, 1998 (Journal of Laws of 1998, 616), last amended by an ordinance of January 25, 2012 (Journal of Laws of 65, 92).

[3] § 27 No. 23 of the [Bay.] Ordinance on Responsibilities in the Transport System (BefVVerk) of December 22, 1998 (GVBl. P. 1025), last amended by ordinance of October 15, 2010 (GVBl. P. 717) and Art 9 [Bay.] Law on Responsibilities in Transport (ZusatzGVerk) of June 28, 1990 (GVBl. P. 220), last amended by the law of March 24, 2010 (GVBl. P. 138).

[4] No. 36 of the Annex to Section 2, Paragraph 4, Clause 1 [Berl.] General Law for the Protection of Public Safety and Order in Berlin (General Security and Ordinance Law - ASOG Bln) in the version of October 11, 2006 (GVBl. P. 930), last amended by law of June 3, 2010 (GVBl. P. 285); Section 2, Paragraph 2 and Section 3 of the [Brandbg.] Ordinance to determine the competent authorities in the fields of aviation and aviation security in the State of Brandenburg (Aviation and Aviation Security Responsibility Ordinance - LuFaLuSiZV) of July 2, 1994 (GVBl. II p. 610 ), last amended by ordinance of 7 July 2009 (GVBl. II p. 432).

[5] Sections 4 and 5 [Brem.] Announcement on the responsibilities under the Aviation Act and the Aviation Security Act of February 8, 2005 (Official Journal p. 75) i. V. m. of the announcement of January 24, 2012 (Journal of Laws p. 24).

[6] [Hamburger] Order on competences in the field of air traffic of April 27, 1982 (Official. Anz. P. 797), last amended by an order of September 20, 2011 (Official. An. Pp. 2157, 2180).

[7] Sections 1 to 3 [Hess.] Ordinance on the determination of competencies and responsibilities under aviation law according to the Aviation Security Act of November 24, 2005 (GVBl. I p. 772), last amended by the ordinance of November 29, 2010 (GVBl. I p. 450, 453).

[8] § 15 [Lower.] Ordinance on responsibilities in the area of traffic (BefVO traffic) of August 3, 2009 (GVBl. P. 316, ber. P. 329).

[9] Sections 1 and 2 Ordinance determining the competent authorities in the field of aviation (Aviation Competence Ordinance - LuftfahrtZustVO) of 7 August 2007 (GV. NRW p. 316).

[10] § 1 [Rh.-Pf.] State Ordinance on Responsibilities under the Aviation Act and the Aviation Security Act of March 20, 1992 (GVBl. P. 82), last amended by an ordinance of September 28, 2005 (GVBl. P. 450).

[11] § 1 [Saarl.] Ordinance on competences in the field of aviation (competency ordinance for aviation - LuftZustVO Saarland) of June 15, 2010 (Official Journal p. 1228).

[12] § 1 No. 15 of the ordinance of the Saxon State Government and the Saxon State Ministry for Economics, Labor and Transport on responsibilities in the field of air traffic administration (LuftZuVO) of 23 August 2006 (SächsGVBl. P. 438, ber. P. 491), amended by ordinance of March 2, 2012 (SächsGVBl. p. 163).