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Austria

Legal basis

  • Crisis or armed conflict time
    Due to Austrian constitutional law the competence to establish crisis management laws and regulations concerning the economy and in this regard involving Security of Supply (SoS) issues, lies regularly with the single provinces. There are also federal laws concerning the economic security, such as:

    • Versorgungssicherungsgesetz 1992[1] (Federal Law Gazette Nr. 380/1992 as hereafter amended by FLG I No. 94/2016): establishes the competence of the Federal Minister for Economic Affairs to regulate certain branches of economy before or during a crisis.
    • Energielenkungsgesetz 2012[2] (Federal Law Gazette Nr. 41/2013): establishes the competence of the Federal Minister for Economic Affairs to regulate energy supply before or during a crisis.
    • Lebensmittelbewirtschaftungsgesetz 1997[3] (Federal Law Gazette Nr. 789/1996 as hereafter amended by FLG I No. 50/2012): establishes the competence of the Federal Minister for Economic Affairs to regulate food supply before or during a crisis.
    • Exemptions for military needs are included in all of those federal laws. During an armed conflict for national defence reasons the Militärbefugnisgesetz[4] (Federal Law Gazette Nr. 86/2000) states certain powers for the military commands in the provinces.

https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007194

https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008276

https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007777

https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20000864

  • Urgent reasons (i.e. operational reasons)

None

  • Mergers-Acquisitions

No legislation.

  • Foreign investments

No SoS regulations in Foreign investments.

  • Export licenses

The legal basis for export control of military goods by the Austrian authorities are the Foreign Trade Act 2011[1] (BGBl I 26/2011 as amended by BGBl I Nr. 37/2013) and – as special law for war material – the Act on War Material[2] (BGBl I 540/1977 as amended by BGBl I 163/2015). The military goods which are controlled are defined on the one hand by the Austrian Regulation on Foreign Trade along with its addenda, which in turn are based on the „Wassenaar control list“ and the EU-list of military goods, and the Austrian Regulation on War Material on the other hand.
The decision on licence applications according to the Foreign Trade Act is taken by the Ministry for the Science, Research and Economy; on licence applications according to the War Material Act, decisions are taken by the Ministry of the Interior in accordance with the Ministry for Europe, Integration and Foreign Affairs and after consulting the Ministry for Defence and Sport. The Ministry for Europe, Integration and Foreign Affairs is involved in the application of both laws by evaluating licence applications according to foreign policy aspects and international law (§ 24(1) in conjunction with 5(1) Foreign Trade Act and § 3(1) Act on War Material) and under reference to Common Position 2008/944/CFSP (of 8 December 2008). All relevant EU-documents including the EU-reports for individual years are available on the EEAS homepage. (http://eeas.europa.eu/non-proliferation-and-disarmament/index_en.htm)


[1] https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20007221
[2] https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10000609

  • Codes/Regulations involving Defence Industry
  • Other?

Objectives of the national SoS policy

Long term SoS means long term sustainability of industrial capacity or technology in the European defence market. This includes

  • Long-term forecasting
  • Regular market monitoring
  • Expert cooperation on the formulation of joint action plans at national and international level and
  • Supporting the involvement of small and medium-sized enterprises (SMEs) as subcontractors and the use of offsets in contract awards to non EU member states.

National bodies involved and areas of responsibilities

The Federal Minister for Economic Affairs concerning economical security and export licenses for Dual-use goods; the Federal minister of the Interior concerning war material. In most cases these Ministers have to involve the MoD[1] and the Minister for Europe, Integration and Foreign Affairs[2].


[1] http://www.bundesheer.at/

[2] https://www.bmeia.gv.at/en/

The role of SoS in Procurement procedures (requirements, evaluation etc.)

National procurement laws in implementation of Defence Procurement Directive 2009/81/EC make it possible, that the aspect of security of supply may form a main decision making criteria within the awarding procedure.

Contractual terms on SoS

The “General Purchasing Conditions” (“ALB”), which are used by the Austrian Army Administration, stipulate that all contracts for the Austrian Army have to be carried out with priority.

National policy on sharing information on stocks/inventories

In principle, stockpiling is a national responsibility. As a member of NATO PfP Austria takes part in the “Common Item Material Management” (COMMIT) and buys items for several Weapon Systems from NAMSO/NAMSA.

Existing Bi/Multi-lateral SoS agreements

There are various bi- and multilateral agreements e.g. with Germany and Switzerland concerning also but not solely SoS-matters. The main reasons for those agreements are based on cost savings or convenience considerations and not only on Security of Supply.

SoS Experts contact info

EDA NAD PoC:

Dr. Wolfgang SAGMEISTER / AT MoD / Armaments Policy Division
AT EDA NAD PoC
1090 Wien, Roßauer Lände 1
Telephone: +43 50201 – 10 23120
Fax: +43 50202 – 10 17046
E-Mail: ruestpol@bmlvs.gv.at

SoS PoCs/National representatives contact info

Bundesministerium für Wissenschaft, Forschung und Wirtschaft

Federal Ministry of Science, Research and Economy
1010 Wien, Stubenring 1
Tel.: +43 (0)1 711 00-0
http://www.bmwfw.gv.at/

Link to related national websites

http://ris.bka.intra.gv.at/Bundesrecht/ (Austrian Laws)

Library

 

Page Last Updated: 6 December 2016

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