Today, the Federal Cabinet adopted the draft of a Second Act to amend the Aviation Security Act presented by Federal Minister of the Interior Nancy Faeser and prepared in close consultation with Federal Minister of Transport Dr Volker Wissing. It introduces a new offence to criminalize the intentional, unauthorized intrusion onto the taxiway and runways of an airport (also known as airside), among other things, if the act impairs the security of civil aviation. In accordance with the draft law, anyone who gains access to the airside of the airport for themselves or another person can be punished with a prison sentence of up to two years or a fine. Even the attempt will be punishable. Currently, such behaviour only carries a fine.

Federal Minister of the Interior Nancy Faeser:

Anyone who trespasses on airport premises, glues themselves to taxiways and massively obstructs air traffic by this is not only risking their own life. Such incidents are also dangerous for many bystanders, for example in the event of medical emergencies. In addition, they often keep tens of thousands of passengers from travelling and cause considerable economic damage. The fact that there have been more and more such incidents in the recent past shows that these offences have to be punished more severely under the rule of law. This is why we will replace the currently applicable offence subject to a fine with a new criminal offence. Moreover, airport operators have to do more to protect their facilities. To this end, we are cooperating closely with the respective companies.

Federal Transport Minister Dr Volker Wissing:

With this Act, we are showing that the Federal Government is capable of action and does not tolerate any legal vacuum. By introducing sanctions that involve imprisonment, we are providing judges with the necessary tools for passing appropriate sentences. Anyone who forces their way into airports, occupies taxiways and blocks aircraft is endangering human lives. This is not a trivial matter but will be punished with full severity in the future. My hope is that tightening this law will deter activists so there will be no disruptions during the current peak travel season.

If a person carries a prohibited object such as a weapon, certain knives, corrosive or toxic substances when intentionally entering the airside of an airport without authorization, this act may in future be punishable by up to five years' imprisonment. The same will apply if the person acts with the intention of facilitating or concealing another criminal offense.

Airport operators are legally obliged to secure the security restricted areas, including taxiways, against unauthorized access, e.g. by means of structural and technical security measures. The Federal Government is currently in close dialogue with the supervisory authorities of the federal states in particular regarding the improvement of fencing systems and gates including modern signalling technology in order to change the legal requirements for the external protection of airports. These measures fit in with the current actions on protecting critical infrastructures.

Today's draft law will also provide a new legal basis for the separate determination of fees depending on the airport location. This means that the current practice of determining fees at the individual airports will be maintained to continue to provide incentives for efficient, customer-friendly and economical processes. (German only)

You can find the draft law here: https://bmi.bund.de/luftsicherheitsgesetz (German only)