Where on account of a major aerial incident, facts exist that, in the context of the exercise of police power, give rise to the assumption that an “especially grave accident” within the meaning of Article 35.2 sentence 2 or 35.3 of the Basic Law is imminent, the armed forces can, pursuant to § 13.1 of the Aviation Security Act, be employed to support the police forces of the Länder in the air space to prevent such accident to the extent that this is required for effectively counteracting it. (2) Under the title “Support and Administrative Assistance by the Armed Forces” („ Unterstützung und Amtshilfe durch die Streitkräfte “), §§ 13 to 15 of the Aviation Security Act constitute a separate Part 3 of the Act. Once an aircraft has been classified as a renegade – be it by NATO, be it by the National Air Security Center itself – the responsibility for the measures required for averting such danger in the German air space rests with the competent authorities of the Federal Republic of Germany. The main function of the centre is to avert dangers that emanate from so-called renegade planes, which are civil aircraft that have been taken command of by people who want to abuse them as weapons for a targeted crash. In the National Air Security Center, members of the Federal Armed Forces, the Federal Police and the Deutsche Flugsicherung (German Air Navigation Services) survey the air space. It is intended to ensure coordinated, swift cooperation of all authorities of the Federation and the Länder in charge of questions of aviation security as a central information hub in order to guarantee security in the German air space. Aa) Since 1 October 2003, a “National Air Security Center” ( Nationales Lage- und Führungszentrum „ Sicherheit im Luftraum “), which has been established in Kalkar on the Lower Rhine, has been operational.
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