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 alsofederal laws concerning the economical security, such as:
- Versorgungssicherungsgesetz 1992 (Federal Law Gazette Nr. 380/1992 i.d.F.BGBI. I Nr. 2/2008): establishes the competence of the Federal Minister for Economic Affairs to regulate certain branches of economy before or during a crisis.
- Energielenkungsgesetz 1982 (Federal Law Gazette Nr. 545/1983 i.d.F. BGBI. I Nr. 2/2008): establishes the competence of the Federal Minister for Economic Affairs to regulate energy supply before or during a crisis.
- Lebensmittelbewirtschaftungsgesetz 1997 (Federal Law Gazette Nr. 789/1996 i.d.F. BGBI I Nr. 2/2008): 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 (Federal Law Gazette Nr. 86/2000 i.d.F. I Nr. 85/2009) states certain powers for the military commands in the provinces.
Urgent reasons (i.e. operational reasons)
None.
Mergers-Acquisitions
No legislation.
Foreign investments
No SoS regulations in Foreign investments.
Export licenses
There are national Export Controls on COnventional Arms, Weapons and Dual-use goods according to the Austrian War Material Act (Federal Law Gazette I 540/1977) and the Foreign Trade Act (Federal Law Gazette I 50/2005). The War Material Act provides in case of exporting war material, that every effort will be made to ensure that such goods do not contravene international law, international obligations and the principles of Austrian Foreign Policy. The policy of other countries will also be taken into consideration.
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 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 cooperate with the MoD and the Miniser for European and International Affairs.

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

For the time being: The Deputy EDA Central PoC:
Ebrulf BADZURA / AT MoD / Armaments Policy Division
AT EDA Deputy Central PoC
1090 Wien, Roßauer Lände 1
Telephone: +43 50201 - 10 23120
Fax: +43 50202 - 10 17046
E-Mail: ruestpol@bmlvs.gv.at