Definition and status of the Federal Agency for Technical Relief (THW)
The Federal Agency for Technical Relief (THW) is a federal, non-incorporated institution under public law, subordinate to the Federal Ministry of the Interior and Community (BMI), and has its own federal authority. The THW plays a central role in Germany’s disaster management and civil protection. The mission of the THW is to provide technical assistance in cases of disaster, public emergencies, and as part of international relief efforts. The organization is largely based on the voluntary commitment of its helpers. The legal basis of the Federal Agency for Technical Relief is comprehensively regulated and covers various legal fields, such as administrative law, disaster and civil protection law, as well as employment and liability law.
Legal basis and organization
Federal Agency for Technical Relief Act (THWG)
The core legal basis for the Federal Agency for Technical Relief is the Federal Agency for Technical Relief Act (THW Act, THWG) in its current form. It details the functions, organization, and responsibilities of the THW. Key elements include nationwide organization, the execution of duties on behalf of the federal government, as well as the definition of areas of deployment and the composition of the response teams.
The law clearly distinguishes THW from other relief organizations (such as the German Red Cross, Johanniter-Unfall-Hilfe), as it is organized as a federal authority under public law rather than under private law.
Structure and administration
Nationwide federal organization
The Federal Agency for Technical Relief, as a federal institution, is directly under the administrative supervision of the BMI. Preceding it is the THW federal institution headquartered in Bonn, which is led by a president (§ 2 para. 1 THWG). The subordinate regional associations and offices have approximately 668 local sections under their jurisdiction (§ 4 THWG).
Volunteers and employees
THW consists of both full-time employees and—primarily—volunteer helpers (§ 6 THWG). The rights and obligations of volunteers are detailed in the Act, including service obligations, accident and liability insurance (§ 12, § 13 THWG), as well as roles during disaster situations (§ 8 para. 1 THWG).
Duties and responsibilities
Areas of operation and fields of activity
According to § 1 THWG, the range of duties particularly includes:
- Technical assistance in civil and disaster protection
- Participation during emergencies at the request of the competent authorities
- International operations at the request of international organizations or based on bi- and multilateral agreements
- Support of other authorities in major emergency events
The THW is active both domestically (e.g., floods, power outages, building safety measures) and in the context of humanitarian foreign missions.
Directive authority and cooperation
According to § 5 THWG, there is a duty to cooperate with other authorities, relief organizations, and public bodies. In case of deployment, the THW either operates at the request of the relevant state or federal authority, or as part of European and international response structures.
Legal status of members
Helper status and responsibilities
THW members who work in a voluntary capacity are not civil servants but are classified as helpers in a sui generis public-law service relationship. They possess special legal relationships regulated by law, particularly regarding service duties, insurance coverage (§ 13 THWG), rights during deployments, or protective measures during disaster response.
Compensation and insurance obligations
Release from employment during an operation, continued payment of wages, and loss of earnings are regulated by § 12 THWG and supplementary regulations (e.g., the Help Services Compensation Act). THW members are also insured free of contribution in the statutory accident insurance for all official activities.
Deployment and cooperation with authorities
Request mechanism and operational management
THW acts exclusively upon request. The agencies responsible for requesting the THW are the disaster control authorities of the federal states, and—abroad—the Federal Foreign Office or international organizations. During operations, leadership generally remains with the local disaster relief authorities under the laws of the respective state (KatSG). The THW carries out the requested technical tasks within its scope of responsibility.
Legal powers during operations
During operations, the THW has special rights under § 35 of the Road Traffic Act (StVO) and certain emergency powers under hazard prevention law. Members are protected from certain liabilities during deployment; liability in case of damages is covered under government liability law and service liability insurance (§ 13 THWG).
International deployments and international legal framework
Foreign deployments
THW may operate abroad upon request from international organizations (e.g., European Union, United Nations) or foreign governments in the area of technical aid, subject to a corresponding instruction by the BMI (§ 1 para. 2 THWG). The legal basis for this consists of both the THWG as well as international and European agreements.
International legal status
During foreign missions, THW members are subject to the international legal provisions of the respective host nation, such as rules on the protection of relief personnel (e.g., Geneva Conventions), bilateral agreements for cooperation in emergencies, and the modalities of international mechanisms such as the EU Civil Protection Mechanism.
Financing, assets, and oversight
Federal budget and funding
The THW is fully funded from the federal budget, which also covers equipment, maintenance, training and further education, premises, and personnel. Income from services as well as from operations in the private law sector is to be remitted to the federal government.
Supervision and oversight
Supervision of the THW lies entirely with the Federal Ministry of the Interior and Community. The THW is also subject to budgetary control by the Federal Audit Office and internal mechanisms to ensure compliance with budgetary and organizational requirements.
Relationship with other authorities and organizations
Distinction from other relief organizations
Unlike other relief organizations within the meaning of § 54 para. 2 AO (e.g., German Red Cross, Malteser Hilfsdienst), the THW is a direct federal authority, whose activities are considered public law. Private legal disputes related to the THW are therefore subject in principle to public law.
Administrative assistance and technical support
The THW can provide administrative assistance under § 4 of the Administrative Procedure Act (VwVfG). In addition, there are comprehensive cooperation agreements, administrative arrangements, and framework concepts to ensure collaboration with other relief and rescue organizations at all administrative levels.
Literature and further legal sources
- Federal Agency for Technical Relief Act (THWG)
- Disaster protection laws of the federal states
- Road Traffic Act (StVO)
- Civil Code (BGB), in particular liability law
- International treaties in civil protection
Thus, the Federal Agency for Technical Relief is a unique, federally administered disaster relief organization whose legal foundation, performance of duties, deployment mechanisms, and the legal status of its members are comprehensively regulated under public law. The special position of the THW arises from the combination of its governmental mandate and voluntary participation, federal statutory organization, and its broad range of tasks in both national and international contexts.
Frequently Asked Questions
Which legal foundations govern the duties and powers of the Federal Agency for Technical Relief (THW)?
The legal bases for the duties and powers of the Federal Agency for Technical Relief (THW) are primarily found in the Act on the Federal Agency for Technical Relief (THW Act). This federal law stipulates in § 1 the integration of the THW as a federal institution within the remit of the Federal Ministry of the Interior and sets out its main tasks in the area of civil protection and technical assistance, as well as support for other authorities, in § 2. Further regulations arise from the Administrative Procedure Act (VwVfG) regarding administrative acts of the THW, as well as the Administrative Notification Act (VwZG) when it comes to written communications, and from provisions in the Civil Protection Act (Zivilschutz- und Katastrophenhilfegesetz – ZSKG) for cross-state or international relief operations. For missions abroad, specific international agreements and bilateral treaties apply, which define the operational scope of the THW abroad. Moreover, the THW is bound by the fundamental rights of the Basic Law, especially when there are interventions into property or personal rights.
What rights and obligations do THW members have from a legal perspective?
THW members are subject to special rights and obligations arising from the THW Act and supplementary provisions (such as THW Service Regulation 1). They are voluntary helpers and, during deployments, are under a special service obligation, which is legally linked to the status of an officeholder for the duration of the operation. In the course of their duties, they enjoy a so-called liability privilege under public official liability, according to § 839 BGB in conjunction with Art. 34 GG, meaning claims for damages are generally directed against the employer (the federal government) and not the individual helper. In return, they are required to comply with service instructions, maintain official confidentiality, and complete the training and exercises required for deployment. Insurance cover is prescribed by law, particularly through accident insurance pursuant to Social Code VII § 2 para. 1 no. 12. In cases of gross negligence or intentional misconduct, disciplinary and possibly criminal consequences may ensue.
What participatory and directive rights does the THW have, in case of disaster, in relation to other authorities and private third parties?
In the event of a disaster, the THW acts as a supporting federal institution within the scope of “official assistance” pursuant to §§ 1, 2 THW Act, and is available to the state and municipal authorities responsible for disaster response. During operations, the THW is subordinate to the incident command of the competent hazard prevention authorities, but at the same time remains under federal mandate. Within the framework of hazard prevention law, instructions for the THW may arise if it is requested by a competent authority for hazard prevention. The THW has no direct authority to issue instructions to private third parties unless this is provided for by hazard prevention law (e.g., emergency powers such as § 34 of the Criminal Code if there is imminent danger) or as part of special orders by the incident command. The obligation of private third parties to cooperate only exists if such action is specifically mandated by official order.
What legal framework applies to domestic and foreign deployments of the THW?
Domestic deployments of the THW are governed by the THW Act and are carried out at the request of the competent authorities, mainly for technical support during disasters, emergencies, or urgent need. The relevant state police laws, the Federal Disaster Protection Act, and the Civil Protection and Disaster Relief Act (ZSKG) apply. International deployments are legally secured at the federal level by § 2 para. 2 of the THW Act, as well as budgetary law and international agreements. International deployments generally require a request from the Federal Republic of Germany (Federal Foreign Office), international organizations, or foreign governments; these operations are carried out in accordance with international law, especially relevant bilateral and multilateral agreements (e.g., EU Civil Protection Mechanism). Foreign deployments are also coordinated by the Consular Act (KonsG).
How is the issue of liability regulated in THW operations?
Liability in THW operations is governed in particular by public official liability (§ 839 BGB in conjunction with Art. 34 GG). If a THW member acts culpably and thereby causes damage, the federal government is generally liable, not the individual helper. Exceptions apply only in cases of intentional or grossly negligent harm, where personal liability is not excluded. In cases of damage to deployed equipment or the property of third parties, there is also generally protection through statutory agency liability. In addition, THW helpers are covered by accident insurance and, where applicable, service liability insurance. For international deployments, special rules may apply based on the specific mission agreements.
What data protection regulations must be observed by the THW when processing personal data?
As a federal authority, the THW is directly bound by the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). The collection, storage, and processing of personal data of responders, people in need, and other individuals during operations requires a legal basis or the consent of the data subject. Purpose limitation, data minimization, and transparency are mandatory. Special safeguards are also required for sensitive data. The forwarding of data to third parties is strictly prohibited unless explicitly mandated by law or the operational assignment (e.g., when working with other authorities) requires disclosure. Data protection breaches may result in disciplinary and criminal consequences.
How is the legal relationship between the Federal Agency for Technical Relief and state authorities governed in disaster response?
The relationship between the Federal Agency for Technical Relief and the state authorities in disaster response is determined in Germany’s cooperative federal system by the THW Act and the respective state disaster management laws. While the THW acts as a federal institution, the original responsibility for hazard prevention and disaster management lies with the states. In the event of deployment, the THW is requested by the state authorities and integrated into the local operational structure, but remains organizationally independent and a federal authority. Legally, cooperation is based on mutual assistance and support arrangements (§ 2 para. 1 no. 3 THW Act), with a simultaneous obligation for mutual coordination and respect for the federal distribution of responsibilities.
