The Federal Council approves by majority the Law on the marking of firearms | Press Service of the Parliamentary Directorate – Parliamentary Correspondence, 05.11.2020



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Resolution adopted to remove the Minister of the Interior

Vienna (PK) Today the Federal Council approved by majority vote the future EU project-based obligation for more complete labeling of firearms. Only the FPÖ voted against the amendment and, in view of the current terrorist events, it felt confirmed in its view that the European Union was not combating targeted terrorism. ÖVP, SPÖ and Greens, on the other hand, acknowledge improvements for safety in regulation.

The Freedom Party and the Social Democrats approved a FPÖ motion for a resolution, presented in the course of the debate on the 2018 Security Report, calling on Chancellor Sebastian Kurz to remove Interior Minister Karl Nehammer. The SPÖ initiative for gift packaging was supported not only by the FPÖ but also by the Greens.

Stronger labeling requirements for firearms from 2021

Firearms and their essential components, in addition to historical weapons, will be even more fully labeled from 1 January 2021 in accordance with the EU Arms Directive. With the Firearms Labeling Act, these EU requirements are met at the national level, with exceptions or transitional rules for firearms already on the market. For example, those that were in the possession of end users before September 14, 2018 are exempt from the labeling requirement. Specific specifications are presented by ordinance. Violations of the labeling rules can result in fines of up to € 3,600 and for commercial activities of up to € 10,000.

Markus Leinfellner (FPÖ / St) explained that the aim of the regulation was to improve the traceability of weapons and prevent their misuse. However, the FPÖ Federal Council sees this as one more step to criminalize legal gun owners. However, as a general rule, there is no danger from these, he said. The terrorist attacks would be carried out with illegal weapons. Therefore, the intention of the EU to use the directive to fight terrorism would not be successful, Leinfellner said.

The other parliamentary groups of the Federal Council could not get anything out of this opinion. In the context of the heinous terrorist attack, the common goal should be to prevent those scenes from repeating themselves, said Christine Schwarz-Fuchs (ÖVP / V). The EU has recognized the problem and is taking an important step with the directive to contain possible acts of terrorism. According to Schwarz-Fuchs, it is also important that in the future ammunition is also labeled. If this could only save one life, the regulation has paid off, stressed the Federal Councilor. His group colleague Silvester Gfrerer (ÖVP / S) was also convinced that every opportunity should be taken to improve safety in Austria.

In view of the “sad reality”, Federal Councilor Adi Gross (Greens / V) argued that firearms are dangerous in principle. For this reason alone, according to him, the utmost caution should be exercised when selling and owning them, and the EU guidelines should be welcomed. Furthermore, because state organs, such as the police, have a monopoly on the use of force, he believes that restraint is required in the private sphere.

Dominik Reisinger (SPÖ / O) expressed his consent to the law for his parliamentary group. Terror affects people, that is why it is important to guarantee more security and transparency. The SPÖ Federal Council considers the labeling requirements to be reasonable as they can be traced back to manufacturers and importers. On the other hand, the date set by the EU for the transitional regulation and the treatment of two different laws in a single package does not seem conclusive. Together with the Firearms Marking Law, the EU Law on Police Cooperation will be adapted to be able to entrust Frontex state personnel with tasks in Austria in the future.

The SPÖ’s demand for financial incentives for the EU plastic fee found a majority

A concern of the SPÖ in the Federal Council is aimed at an EU plastic tax that will be applied from January 1, 2021. The rate stipulates that 80 cents per kilo of non-recycled plastic waste be transferred to the EU, which for Austria means around 142 million euros a year. In a motion for a resolution, the SPÖ calls on Environment Minister Leonore Gewessler and Finance Minister Gernot Blümel to implement the EU plastic tax in such a way that there is a financial incentive for producers and importers of plastic packaging reduce non-recyclable plastic packaging. SPÖ’s environmental spokesperson, Julia Herr, filed a similar lawsuit with the National Council.

In the debate, the SPÖ came out in favor of the fact that the EU plastic levy should be maintained. Because if the tax is going to be financed from the general budget according to the plans of Finance Minister Blümel, this effect will not materialize, according to the Social Democrats. Günther Novak (SPÖ / K) demanded that the taxpayers not pay for this and that another form of financing be sought. The initiative was supported by the Freedom Party and the Greens, who opposed the coalition partner. Adi Groß (Greens / V) defended the polluter pays principle, which should be ecologically staggered. He also asked for directional effects. There must be a solution that passes the rate on to speculators, according to Groß. He also called on the main associations to give up their resistance to the tax. Michael Bernard (FPÖ / N) demanded that the matter be approached with the necessary common sense and that the fee have governing effect. There should be no one-sided burden on taxpayers, he warned.

However, the ÖVP rejected the request. A general strategy was missing in the application. Because this represents only a small part of a complete package of measures, explained Peter Raggl (ÖVP / T). A one-way container deposit means additional costs and bureaucracy, posing great challenges for small local suppliers. Also, there are good approaches in Austria to avoid plastic waste, Raggl said. He highlighted the ban on plastic bags introduced in 2018, which works well and is accepted.

The 2018 security report sparked the debate on the terrorist attack

Note was also taken of a report from the Ministry of the Interior on the current work plan of the European Commission and the 18-month program of the Romanian, Finnish and Croatian Presidencies of the Council of the European Union, as well as the 2018 Security Report supported by the SPÖ and therefore adopted by majority.

In the course of the debate on the security report, the ÖVP addressed the issue of migration. The downward trend in asylum applications should not hide the pressure of migration from Mediterranean countries, said Ernest Schwindsackl (ÖVP / St). The asylum and migration system can only be countered with new rules together with all affected states.

Criticism of immigration policy came from the FPÖ. Markus Leinfellner (FPÖ / St) saw a failed migration policy in Austria and called for faster asylum procedures and deportations. He criticized the proportion of non-Austrians convicted with a percentage of 43%. In the direction of Interior Minister Karl Nehammer, he spoke of Austria’s failure in the fight against terrorism and thus justified the motion for a resolution to Federal Chancellor Sebastian Kurz to remove the Interior Minister.

The Social Democrats approved the request, although Stefan Schennach (SPÖ / W) emphasized that this does not mean that the work of the police in relation to the latest terrorist attack is criticized. The motion is directed against the chief of police, it was emphasized. He asked for questions about the flow of information between intelligence services to be clarified.

Elisabeth Grossmann (SPÖ / St) spoke about the violence against women described in the report. The most dangerous place for women is their personal environment or their own family. This must change, he emphasized. The protection of victims must always take priority. He also criticized the lack of positions in the judiciary and the abolition of the juvenile court.

The Greens took on the cybercrime aspect. Claudia Hauschildt-Buschberger (Greens / O) does not see the authorization fee in the digital area where it is in the “analog” area. Therefore, more attention should be paid to cybercrime. The police need more training in the area and more human resources are needed.

The collective amendment to the Settlement and Residence Law, the Asylum Law and the BFA Procedure Law was not on the agenda of today’s Federal Council meeting as planned. Previously, he did not find a majority on the Federal Council’s Internal Affairs Committee. This means that the eight-week waiting period begins before the law takes effect. (Federal Council end) fan / gun

NOTE: The meetings of the National Council and the Federal Council can also be followed via live broadcast and are available as video on demand in Parliament’s media library.


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