Change Of The Maritime Law And Federal Law For The Fulfilment Of The 1969 International Tonnage Convention

Original Language Title: Änderung des Seeschiffahrtsgesetzes und des Bundesgesetzes zur Erfüllung des Internationalen Schiffsvermessungs-Übereinkommens von 1969

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46. Federal Law, which amends the Maritime Law and the Federal Law for the fulfillment of the International Convention on Ships of 1969

The National Council has decided:

Article 1

Amendment of the Maritime Law

The Maritime Law, BGBl. No 174/1981, as last amended by the Federal Law Gazette (BGBl). I n ° 41/2005 and the BGBl agreement. I No 3/2011, shall be amended as follows:

1. Title, short title and abbreviation are: "Federal Law on Maritime Navigation (Maritime Law-SeeSchFG)" .

2. The words "Shipping" and "Ship" , also in all word connections, shall be "Shipping" and "shipping" replaced.

3. § 1 reads:

" § 1. (1) The provisions of this Federal Act shall apply to Austrian yachts.

(2) Other seagoing ships as yachts shall not be granted any rights as an Austrian seagoing ship. "

4. In § 2 Z 5, after the word "Vehicle" the expression "with a length of up to 24 m and a gross tonnage of less than 300" inserted.

§ 3 (4), § 4 (1), § 7 (1), last sentence, § 8 (1) Z 1 lit. b, c and e, § 8 sec. 2 Z 1 and Z 6 to 9, § 8 para. 5 and 6, § 10 paragraph 1 Z 5, § 10 para. 2 Z 3, 5, 7 and 8, § 10 para. 3 to 5, § 11 para. 1, § § 16 and 17 together with transcripts, § § 19 to 21 including headlines, § 23 including headline, § § 25 to 33 including headlines, § 34 Z 3 to 5, as well as § § 35 to 44, including headlines.

6. In § 5, the word "Foreign" through the phrase "European and international" replaced; after the word "State Defense" the phrase "and Sport" inserted.

7. § 9 reads:

" § 9. There is no obligation to register yachts in the maritime register. "

8. In Section 11 (2), the word order shall be deleted "with a length of less than 24 m" .

9. The following paragraph 6 is added to § 11:

"(6) The authorisations of yachts with a length of 24 m or more shall apply in accordance with the duration of their freezing up to the end of the period of the yachts."

10. In § 13 (2), the word order is deleted "on the safety of equipment and" .

11. In § 13 (4), the word order is deleted "with a length of less than 24 m" , the stroke point and the word sequence 'In this case, by way of derogation from paragraph 2, a certificate of the safety of the equipment shall not be issued' .

12. § 15 together with the title is:

" International certificates for the management of yachts

§ 15. (1) The Federal Minister The Federal Minister of Transport, Innovation and Technology has under the conditions laid down in paragraph 2 above the application of a natural, self-authorised person or according to § 8 Gewerbeordnung 1994, BGBl. No 194/1994, as amended, not by a person, by a private company or by a legal person (hereinafter referred to as the "Examination Organisation"), with a decision to establish that the person in question is in a private legal relationship issued certificates of competency for the self-employed management of yachts at sea as a basis for issuing international certificates for the management of yachts in accordance with the recommendations of the European Economic Commission of the United Nations Nations (UNECE) to the extent of Resolution No 40 of 16 October 1998. The validity of the determination shall be limited to five years. The repeated determination shall require a new application.

(2) A determination has to be made in accordance with paragraph 1 if the examination organisation makes the assessment of the qualifications of applicants fulfilling the conditions set out in paragraph 3 (3) 3 for the purpose of carrying out certificates of competency for the management of yachts at sea by Theoretical and practical tests can be ensured. This shall be deemed to be given when the Examination Organization

1.

to provide for the appointment of examiners, who shall ensure their professional qualifications, in particular with regard to seafaring training and practice, as well as training for the performance of first aid in accordance with paragraph 12;

2.

Proof of a system for the classification of examiners, which ensures an objective assessment of the knowledge of the applicants and in particular ensures that the audit activity of examiners is Does not refer to applicants who have previously been trained in the self-employed management of yachts at sea;

3.

an administrative infrastructure for the handling of the examination certificates and the examinations, for the documentation and proof-keeping of the issued certificates of competence, for the appointment of the examiners and for the management of the The list of examiners shall be provided by the examiners;

4.

the existence of an examination regulations, including a learning target catalogue.

With the inclusion of an activity for the purpose of issuing certificates of competence on the basis of which international certificates are to be issued in accordance with paragraph 1, the Examination Organization shall have a seat or not only a temporary seat Proof of establishment in Austria.

(3) The Federal Minister The Federal Minister of Transport, Innovation and Technology has adopted a regulation laying down rules on the obtaining and issuing of the International Certificate, in particular on:

1.

Form and content of the International Certificate (par. 1);

2.

Authorization scope of the certificates, in particular according to engine or Sailing yachting and after riding areas;

3.

age, mental and physical fitness as well as evidence of seafaring practice and seafaring experience of the applicants;

4.

minimum requirements for the examination regulations, in particular with regard to the content and scope of the examination relating to the law, nautical and seamanship, the practical application of this knowledge and the management of the ship;

5.

Minimum requirements for the professional qualification of examiners, in particular with regard to seafaring training and practice.

(4) The examination organisations pursuant to paragraph 1 have any amendment to the examination regulations pursuant to Section 2 (2) (4) of the Federal Minister, respectively. to submit to the Federal Minister for Transport, Innovation and Technology for approval.

(5) The examination organisations referred to in paragraph 1 shall have certificates issued by them on the basis of which international certificates are to be issued in accordance with paragraph 1, taking into account the business number of the notice of arrest. in accordance with paragraph 1, the endorsement shall be indicated that the approved examination regulations, in the case of the existence of a regulation of the Federal Minister or of the Federal Republic of Germany pursuant to paragraph 8, shall be of the Federal Minister of Transport, Innovation and Technology, which has been complied with.

(6) The Federal Minister The Federal Minister for Transport, Innovation and Technology

1.

the list of audit organisations referred to in paragraph 1, and

2.

the examination regulations of the examination organisations approved in accordance with paragraph 4 in accordance with paragraph 1

on the Internet on the website of the Federal Ministry of Transport, Innovation and Technology. The submission of an application for a determination pursuant to paragraph 1 shall be deemed to have been granted by the examination organisations in accordance with paragraph 1 to this publication.

(7) The audit organisations referred to in paragraph 1 shall have the list of examiners for certificates of competence on the basis of which international certificates are to be issued in accordance with paragraph 1, including the scope of the authorisation in the The Internet must be published and immediately updated in the event of any changes.

(8) The examination organisations referred to in paragraph 1 shall cooperate with the other such audit organisations in the interests of the further development of the examination system and of the most extensive unification of the examination regulations and together The Federal Minister to report to the Federal Minister of Transport, Innovation and Technology, to the Federal Minister for Transport, Innovation and Technology, three months after the failure of the Federal Minister for Transport, Innovation and Technology, The Federal Minister for Transport, Innovation and Technology This Regulation has to be adopted by a single examination regulation. In this case, the audit organisations referred to in paragraph 1 shall apply the prescribed examination regulations for activities for the purpose of issuing certificates of competence on the basis of which international certificates are to be issued in accordance with paragraph 1.

(9) The examination organisations as referred to in paragraph 1 shall be subject to the supervision by the Federal Minister, respectively, with regard to the conditions laid down in paragraph 2 and the fulfilment of obligations pursuant to paragraphs 4, 5 and 7 of the determination of the determination. the Federal Minister of Transport, Innovation and Technology. For this purpose, the examination organisations referred to in paragraph 1 shall have documentation relating to the examinations held, including the examination of the theoretical examinations and the logbooks, for the duration of three years. Keep records of the practical tests and keep them ready for inspection.

(10) The determination in accordance with paragraph 1 shall be revoked if any of the conditions set out in paragraph 2, the performance of obligations pursuant to paragraphs 4, 5 and 7 of the determination or the consent of paragraph 6 are no longer fulfilled, or if the agreement is not fulfilled in accordance with paragraph 1. the relevant audit organisation or one of its institutions has repeatedly breached competition law provisions in the exercise of this function.

(11) Die " via donau-Österreichische Wasserstraßen-Gesellschaft m. b. H. " (Section 4 (1) of the Water Road Act, BGBl. No 177/2004), on the basis of certificates issued by examination organisations in accordance with the provisions of paragraph 1 of this Article, which contain the memo referred to in paragraph 5, accompanied by the presentation of a certificate of training for to issue the Performance First Aid International Certificates pursuant to paragraph 1. These are considered to be officially recognised certificates of competence for the self-employed management of yachts at sea.

(12) Proof of training for the performance of first aid shall be provided by a chapter patent, the shipyards 'patent-20 m or the shipyards' patent-20 m-lakes and rivers in accordance with 7. Part of the Maritime Law-SchFG, BGBl. I n ° 62/1997, as amended, a domestic, right-standing steering authority for motor vehicles of category D in accordance with § 2 of the Act on driving licences-FSG, BGBl. I n ° 120/1997, as amended, a steering authority treated in accordance with Section 1 (4) of the FSG, or a corresponding certificate issued by one of the institutions designated pursuant to Section 3 (3) of the FSG, in which the training was carried out as provided.

(13) In order to replace the costs related to the issuance of international certificates, applicants have to pay a flat-rate amount of money to the " via donau- Austrian waterways company m. b. H. " to pay, which includes the sales tax and the fees and administrative charges arising from the application to issue the International Certificate. The lump sum is from the " via donau-Österreichische Wasserstraßen-Gesellschaft m. b. H. " according to their expense, taking into account the tax, fees and duties regulations to be determined and by the Federal Minister of the Federal Republic of Germany, respectively. to approve the Federal Minister of Transport, Innovation and Transport.

(14) The Federal Minister The Federal Minister of Transport, Innovation and Technology has to withdraw international certificates if the mental and physical aptitude provided for in Section 3 (3) does not apply, or is no longer given.

(15) An obligation to acquire an International Certificate pursuant to paragraph 1 does not exist. "

13. In accordance with § 15, the following § 15a and title shall be inserted:

" Federal Supervisory Law

§ 15a. (1) In the performance of the tasks in accordance with Section 15 (11), the " via donau-Österreichische Wasserstraßen-Gesellschaft m. b. H. " without prejudice to the rights of the General Assembly and the Supervisory Board of Supervision and Weisung of the Federal Minister, respectively. The Federal Minister of Transport, Innovation and Technology, the the management of the management, all to the satisfaction of their to provide the necessary information and to provide all relevant documentation.

(2) The Federal Minister The Federal Minister of Transport, Innovation and Technology may grant general instructions or instructions in individual cases to the Company in the performance of this supervisory law and may appoint the Company to the Executive Director or the Director of the Company. to the managing director, if this or it does not comply with this instruction or does not grant any information pursuant to paragraph 1. § 16 GmbHG shall not be affected thereby.

(3) In the performance of the duties in accordance with § 15 (11), the employees of the Company shall be subject to the supervision of the Federal Minister, respectively. of the Federal Minister of Transport, Innovation and Technology. They shall be addressed to their its instruction. "

14. § 18 reads:

" § 18. (1) Not later than three months after the entry into force of this Federal Law, as amended by the Federal Law, which amends the Maritime Law and the Federal Law for the fulfilment of the International Convention on Ships, 1969, BGBl. No 46/2012, have vehicles with a gross tonnage of 300 or more or more on board one or more certificates on board, pursuant to Article 4 of Directive 2009 /20/EC on the insurance of shipowners for maritime claims, OJ L 206, 22.7.2009, p. No. 128. show that the owner of the ship has an upright insurance cover for the vehicle, which covers maritime claims, which cover the limitation of liability under the 1976 Convention on the Restriction of Liability for maritime claims, adopted by the International Maritime Organisation (IMO), as amended by the 1996 Protocol. The amount of the insurance per vehicle and each incident shall be equal to the maximum amount of liability under the Convention.

The certificates issued by the insurance provider shall contain the following information:

a)

the name of the ship, the IMO number and the name of the home port;

b)

the name and principal place of business of the owner of the ship;

c)

the nature and duration of the insurance;

d)

The name and principal place of business of the policyholder and, where appropriate, the place of business where the insurance is granted.

(3) If the language used in the certificate is neither English nor French nor Spanish, a translation shall be included in one of these languages. "

15. In Section 54 (2), in Z 4, after the expression "§ 4 para." the expression "1 and" , for Z 8 to 13, in Z 14, after the expression "(§ 34)" the expression and the expression "against the appropriate provision and tastilation of the persons on board (§ 35) or against the supply of the crew with suitable quarters and sufficient objects of personal demand (§ 36 para. 1)" , for Z 16 to 25, there is no need for Z 26 "and against the appropriate provision and tasting of the persons on board (§ 35)" and for Z 27 to 30.

16. § 54 (2) Z 6 reads:

" 6.

, as the owner of an Austrian maritime ship, do not ensure that the sea-calling and the insurance certificate are always carried on board (§ 7 para. 4, § 18); "

17. § 54 (4) reads:

" (4) If an administrative prosecution procedure has been initiated against a crew member of an Austrian seagoing ship on the grounds of an administrative surrender pursuant to paragraph 1, the owner shall be deemed to be a representative within the meaning of Section 10 of the General Administrative Procedure Law 1991-AVG, BGBl. No 51/1991, and as an authorized representative within the meaning of Section 9 of the Delivery Law-ZustG, BGBl. No 200/1982. This shall not apply in so far as the crew member has been represented on a case by case by another person domicated domestily or has given such a person a power of delivery. "

The following paragraphs 5 to 7 shall be added to Article 56:

" (5) authorisations for maritime shipping, which are amended in accordance with § 7 (1) in the until the entry into force of the Federal Law, which amends the Maritime Law and the Federal Law for the fulfilment of the International Convention on Ships of 1969, BGBl. I n ° 46/2012, as amended, will continue to apply, taking into account the time constraints of the period.

(6) Qualification certificates which have been recognised as equivalent in accordance with Section 15 (2) in the version valid until 31 December 2011 shall continue to apply.

(7) Examining organizations with a determination in accordance with § 15 (1) may apply the endorsement pursuant to Article 15 (5) to the certificates issued after 31 December 2011 in the private legal relationship, provided that:

1.

the qualifications have been issued under the conditions required for a determination pursuant to section 15 (1); and

2.

the determination in accordance with § 15 (1) no later than six months after the entry into force of the Federal Law, which amends the Maritime Law and the Federal Law for the fulfillment of the International Convention on Ships of 1969, BGBl. I No 46/2012 is requested.

The provision in accordance with Z 1 shall be deemed to be fulfilled if the proof of the condition in accordance with Section 15 (2) Z 4 is not to be assessed as being substantially deficient when the application is submitted in accordance with Section 15 (1). "

19. The text of § 58 shall become the sales designation "(1)" , the following paragraph 2 is added:

" (2) § 3 (4), § 4 (1), § 7 (1), last sentence, § 8 (1) Z 1 lit. b, c and e, § 8 sec. 2 Z 1 and Z 6 to 9, § 8 para. 5 and 6, § 10 para. 1 Z 5, § 10 para. 2 Z 3, 5, 7 and 8, § 10 para. 3 to 5, § 11 para. 1, § § 16 and 17 together with transcripts, § § 19 bis 21 including headlines, § 23 with headline, § § 25 to 33 including headlines, § 34 Z 3 to 5, § § 35 to 44 including headlines, § 54 para. 2 Z 8 to 13, 16 to 25 and 27 to 30 as well as § 60 para. 1 Z 1 and 5 step with the end of the day of the event of the event. Federal law amending the Maritime Law and the Federal Law for the fulfillment of the International Convention on Ships of Ships of 1969 BGBl. I n ° 46/2012, except for force. "

The following paragraph 4 is added to § 59:

" (4) § 1, § 2 Z 5, § 9, § 11 para. 2 and 6, § 13 para. 2 and 4, § 15, § 15a, § 18, § 54 para. 2 Z 4, 6, 14 and 26 and paragraph 4, § 56 para. 5 to 7 as well as § 60 para. 1 Z 3, 4, 6 and 8 in the version of the Federal Law, with which the Maritime Law and the Federal law to comply with the 1969 International Convention on Ships Surveying, BGBl. I n ° 46/2012, enter into force with the end of the day of the event. "

21. In § 60 (1), Z 1 shall be deleted, in Z 3 and 4 the word shall be "Foreign" by the words "European and international" replaced, in Z 3 after the word "State Defense" the words "and Sport" inserted, no Z 5, shall be omitted in Z 6 after the expression "§ § 18" the expression and the expression "23, 25 para. 2 Z 2, 26 para. 2" , in Z 8 the words "and women" and will be expressed in Z 8 "Social Security, Generations" by the expression "Labour, Social Affairs" replaced.

22. The plant shall be replaced by the following installation:

(Appendix see under annexes)

Article 2

Amendment of the Federal Act to comply with the International Convention on Ships of 1969

The Federal Act to comply with the 1969 International Convention on Ships Surveying, BGBl. No 274/1982, as last amended by the Federal Constitutional Law BGBl. I n ° 2/2008, shall be amended as follows:

1. In § 8 (2), the expression "AVG 1950" by the expression " The General Administrative Procedure Act 1991-AVG, BGBl. No. 51/1991 " replaced.

2. § 11 para. 2 reads:

" (2) If an administrative prosecution procedure has been initiated against the master of an Austrian seagoing ship on the grounds of an administrative surrender pursuant to paragraph 1, the owner shall be deemed to be a representative within the meaning of Section 10 of the General Administrative Procedure Act 1991-AVG, BGBl. No 51/1991, and as an authorized representative within the meaning of Section 9 of the Delivery Law-ZustG, BGBl. No 200/1982. This shall not apply in so far as the master has, on a case-by-case basis, been represented by another person domicated in the country or has given such a person a power of delivery. "

(3) The following paragraph 4 is added to § 12:

" (4) § 8 (2) and § 11 (2) in the version of the Federal Law BGBl. I n ° 46/2012 will enter into force with the end of the day of the event. "

Fischer

Faymann