TITLE III
Transit

CHAPTER ONE
Admissibility

Admissibility of Transit
§ 43. A transit shall only be admissible if an extradition were admissible pursuant to § 11, § 14, § 15, § 18 to § 21, and § 23.

TITLE III
Transit

CHAPTER ONE
Admissibility

Use of Air Transport
§ 46. (1) Consent for a transit shall not be required if air transport is to be used and no stop-over on the territory of the Republic of Austria is planned. In that case, it shall suffice that the requesting State confirms that the person to be transited is not an Austrian citizen, that he/she will not be transited for one of the punishable acts listed in § 14 and § 15 item 1 and that one of the documents indicated in § 48 (1) is available.

(2) If a flight cannot be continued without delay, in the event of an unplanned stop-over, the notice on the use of air transport shall be regarded as a request for imposing detention pending extradition.

TITLE III
Transit

CHAPTER TWO
Competences and Procedure

Decision
§ 47. (1) The Federal Minister of Justice shall decide on a request for transit in agreement with the Federal Minister of the Interior. The Federal Minister shall communicate this decision to the requesting State by way of the established channels of communication.

(2) A notice on the use of air transport shall be examined by the Federal Minister of Justice in agreement with the Federal Minister of the Interior. If use of air transport is not admissible, the Federal Minister of Justice shall notify the requesting State accordingly by way of the established channels of communication.

Documents
§ 48. (1) Admissibility of a transit shall be examined on the basis of the request for transit and the attached documents. These documents shall comprise, in any event, a copy or a certified copy or a photocopy of the court decision on the arrest, a document of similar effect or an enforceable decision on the conviction.

(2) The Federal Minister of Justice may, in agreement with the Federal Minister of the Interior, demand additional documents from the State requesting the transit and fix a reasonable time limit for their submission. If this time limit expires without any reaction, the decision shall be taken on the basis of the available documents.

Part 2
Specific provisions

Section 4
Custody pending surrender, surrender and transit

31. Transit and transport

3. In the event of an unscheduled landing, the person in transit shall be arrested, and the International Criminal Court shall be requested to transmit a request for transit together with the documents referred to in article 89(3)(b) of the Statute.

4. The person in transit shall be released if the request for transit has not been received within 96 hours. Such release shall not preclude a renewed arrest on the basis of a request pursuant to paragraph 24(1) or 26(1) above.

Chapter II
European Arrest Warrant and Surrender Procedures between Member States

Part Five
Transit

Transit Documents
§ 34. (1) The transit shall be examined exclusively on the basis of the content of the request. Such a request shall contain the following information:
1. identity and nationality of the person concerned,
2. the existence of a European arrest warrant or a request for extradition,
3. the type and legal classification of the offence,
4. a description of the circumstances at which the offence was committed,
including the time of the act and the place of the offence.

(2) The Federal Minister of Justice may demand additional documentation from the requesting State and fix a reasonable time limit for their delivery. When no reaction is received within the time limit, the decision shall be taken on the basis of the existing documentation.

(3) § 49 of the ARHG shall apply to the execution of the transit.