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

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997504/nderung-des-seeschiffahrtsgesetzes-und-des-bundesgesetzes-zur-erfllung-des-internationalen-schiffsvermessungs-bereinkommens-von-1969.html

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46. Federal law that modifies the maritime law and the Federal law on fulfilling the 1969 International tonnage Convention

The National Council has decided:

Article 1

Amendment to the maritime law

The maritime Act, Federal Law Gazette No 174/1981, as last amended by Federal Law Gazette I no. 41/2005 and the by-laws Federal Law Gazette I no. 3/2011, is amended as follows:

1. title, short title and abbreviation are: "Federal law on the maritime sector (law maritime - SeeSchFG)".

2. the words "Maritime" and "navigation", in all phrases, be replaced by "Shipping" and "Shipping".

3. paragraph 1:

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

No Austrian maritime rights are granted (2) other ships as the yachts."

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

5. § 3 section 4, article 4, paragraph 1, article 7, paragraph 1 last sentence, article 8, paragraph 1 subpara 1 lit. b, c and e, section 8 subsection 2 No. 1 and no. 6 to 9, article 8, par. 5 and 6, article 10, paragraph 1 Z 5, § 10 par. 2 Nos. 3, 5, 7 and 8, § 10 par. 3 to 5, article 11, paragraph 1, articles 16 and 17 together with headings, sections 19 to 21 with headings, section 23 together with heading, sections 25 to 33, including headings, section 34 account for Z 3 to 5, as well as sections 35 to 44, including headings.

6. in section 5, the word "Foreign" is replaced by the phrase "European and international"; the sequence of words 'and sport' is inserted after the word "Defence".

7 paragraph 9:

„§ 9. A commitment to the registration of yachts in the ship register of the Lake does not exist."

8. in article 11 paragraph 2, the phrase "with a length of less than 24 m" is eliminated.

9 the following paragraph 6 is added to article 11:

"(6) the approvals of yachts with a length of 24 m or more continue to apply their limit in accordance with until their expiry."

10. in article 13 paragraph 2 the phrase is omitted "about the safety of the equipment, as well as".

11 in article 13 para 4, the phrase "with a length of less than 24 m", the semicolon and the word order eliminates "by way of derogation from paragraph 2 does not to exhibit a testimony about the safety of the equipment is in this case".

12 paragraph 15 together with the heading:

"International certificates for the management of yachts

Under the conditions referred to in paragraph 2 on a natural, intrinsically legitimate application or in accordance with § 8 section 15 (1) the Minister or the Federal Minister for transport, innovation and technology has GewO 1994, BGBl. No. 194/1994 in the currently valid version, person not entitled to own, a partnership or a legal person (in the following: testing organization) to establish communication, that by this qualification cards issued in private law relations for the independent management of yachts at sea as a basis for the issuance of international certificates for the management of 16 October 1998 of yachts in accordance with the recommendations of the European Economic Commission of the United Nations (UNECE) in the scope of the resolution No. 40. The validity of the statement is limited to five years. The repeated determination requires a renewed application.

(2) a statement referred to in paragraph 1 shall be effected, if the testing organization assessing the qualification of the conditions referred to in paragraph 3 can ensure Z 3 fulfilling applicants and candidates for qualification statements to the leadership of yachts at sea through theoretical and practical tests. Deemed to be given if the testing organization



1. a scheme for the appointment of examiners and Auditors can prove that ensures their professional qualification, in particular with regard to seamanship training and practice, as well as training for the performance of first aid in accordance with paragraph 12,

2. a scheme for the classification of examiners and Auditors can prove, that will ensure an objective assessment of knowledge of applicants and applicants and in particular, ensure that the audit work of examiners and Auditors refers to qualified applicants not decisive of them previously to the independent leadership of yachts at sea;

3. an administrative infrastructure for carrying out the inspection certificates and exams, for documentation and evident attitude of issued qualification certificates, for the appointment of examiners and Auditors, as well as for keeping the list of examiners and examiners can prove;

4. the presence of a test procedure including a catalogue of objective proves.

With an establishment for the purposes of the exhibition by ability cards, international certificates referred to in paragraph 1 should be issued on the basis of which, the testing organization has to prove a seat or a not only temporary branch in Austria.

(3) the Federal Minister and the Federal Minister for transport, innovation and technology has to adopt, in particular relating to the obtaining and issue the international certificate regulation



1. form and content of the international certificate (para. 1);

2. permission scope of certificates, in particular motor or sailing yacht and ride areas;

3. age, mental and physical fitness as well as evidence of maritime practice and maritime experience of applicants and applicants;

4. minimum requirements for the examination regulations, in particular as regards content and scope of the audit concerning law client, nautical and seamanship, the practical application of this knowledge, as well as the navigation;

5. minimum requirements for the professional qualification of examiners and examiners, especially in terms of seamanship training and practice.

(4) the testing organizations referred to in paragraph 1 have to submit any change in the examination regulations pursuant to par. 2 Z 4 of the Federal Minister or the Federal Ministry of transport, innovation and technology for approval.

(5) the testing organizations referred to in paragraph 1 have the qualification statements issued by them, on the basis of which international should be issued certificates referred to in paragraph 1 to attach the note under leadership of the business number of the assessment decision referred to in paragraph 1, that the approved examination regulations, in the case of the existence of one in accordance with paragraph 8 with regulation of the Federal Minister and the Federal Minister of transport, innovation and technology issued regulations this , has been held.

(6) the Minister or the Federal Minister for transport, innovation and technology has



1. the list of audit organisations pursuant to par. 1 and 2. you approved in accordance with paragraph 4 to publish para 1 in the Internet on the website of the Federal Ministry for transport, innovation and technology examination regulations of the audit organizations in accordance with. With the introduction of a request for determination in accordance with paragraph 1, the approval of the audit organizations referred to in paragraph 1 to this publication be considered to have been granted.

(7) the testing organizations referred to in paragraph 1 have the list of examiners and examiners for qualification statements, on the basis of which international to be issued certificates referred to in paragraph 1, including the scope of permission on the Internet to publish and to update promptly in the case of changes.

(8) the testing organizations referred to in paragraph 1 have with other such testing organizations in the interests of the further development of the inspection system as well as to work together the widest possible unification of the examination regulations and together each year to report the Federal Minister or the Federal Ministry of transport, innovation and technology, to adopt a uniform examination regulations they otherwise three months after an unsuccessful reminder by the Federal Minister and the Federal Minister for transport, innovation and technology through regulation. In this case have the testing organizations referred to in paragraph 1 for activities for the purposes of the exhibition by ability cards, on the basis of which international to be issued certificates in accordance with paragraph 1, apply the prescribed examination regulations.

(9) the testing organizations referred to in paragraph 1 are subject to associated obligations in accordance with paragraph 4, 5 and 7 of the control by the Federal Minister and the Federal Minister for transport, innovation and technology as regards the conditions referred to in paragraph 2 and comply with the statement. For this purpose, the audit organisations referred to in paragraph 1 for a period of three years have to keep documentations about the held tests including the examination of theoretical tests and logs or records of the practical tests and be kept available for inspection.

(10) the assessment referred to in paragraph 1 is be revoked if one of the conditions referred to in paragraph 2, the performance of duties associated with the determination referred to in paragraph 4, is no longer given 5 and 7 or the consent in accordance with paragraph 6 decision that testing organization or one of its institutions in the exercise of this function competition legislation repeatedly violated.


(11) the "via donau - Austrian waterways society m. b. H." (§ 4 ABS. 1 Water Street Act, Federal Law Gazette I no. 177 / 2004) has issued qualification cards which contain the notice referred to in paragraph 5, to exhibit at same time proof of training for the performance of first aid international certificates in accordance with paragraph 1 on basis in the private law relationship between audit organisations referred to in paragraph 1. These are considered officially recognised qualification statements to the independent leadership of yachts at sea.

(12) the evidence of the training service applies first aid by a captain patent, the boatmaster - 20 m or the boatmaster - 20 m - Lakes and rivers according to 7 part of the Shipping Act - SchFG, Federal Law Gazette I no. 62/1997, amended, a domestic, to steering permission existing law for motor vehicles of the class D according to § 2 of the driver's license law - FSG, Federal Law Gazette I no. 120/1997 in the amended , one in accordance with § 1 para 4 FSG equals steering permission or by means of a corresponding certificate of pursuant to article 3 para 3 FSG named one institutions, the training has been made as provided.

(13) as a replacement for the issuance of international certificates costs causally related applicants before handing over an international certificate have a lump sum of money to the "via donau - Austrian waterways society m. b. H." to pay, which includes the on VAT and the fees request to issue the international certificate and administrative charges. The lump sum is the "via donau - Austrian waterways society m. b. H." after their effort, taking into account tax, charges - and tax legal regulations to measure and by the Federal Minister and the Federal Minister of transport, innovation and transport shall be approved.

(14) the Minister or the Federal Minister for transport, innovation and technology has to evade international certificates, if the mental and physical fitness according to para is not or no longer given 3 Z 3.

(15) an obligation to obtain of an international certificate referred to in paragraph 1 does not exist."

13 according to § 15 the following article 15a and heading shall be inserted:

"German Federal supervisory law

section 15a. (1) in fulfilling the tasks pursuant to § 15 paragraph 11 which is subject to "via donau - Austrian waterways society m. b. H." are without prejudice to the rights of the general meeting and the Supervisory Board for the supervision and direction of the Minister or the Federal Minister of transport, innovation and technology to provide all the information necessary for the performance of her or his duties which by the management, and to provide all relevant documents.

(2) the Minister or the Federal Minister for transport, innovation and technology can give general instructions or instructions in individual cases of the company in compliance with this supervisory law and revoked the appointment of the Managing Director or the Managing Director, if they are not followed an instruction or information referred to in paragraph 1 is not granted. § Shall not affect 16 GmbHG.

(3) the servants of society of the supervision of the Federal Minister and the Federal Minister of transport, innovation and technology that make it subject to in carrying out tasks in accordance with § 15 para 11. You are bound by its authority."

14 paragraph 18:

"Section 18 (1) no later than three months after the entry into force of this federal law as amended by federal law the maritime law and the Federal law on fulfilling the 1969 International tonnage Convention be changed, Federal Law Gazette I no. 46/2012, have vehicles with a gross tonnage of 300 or more one or more certificates on board to start with, in accordance with article 4 of Directive 2009/20/EC on the insurance of shipowners for maritime claims , OJ No. L 131 of May 28, 2009, p. 128, prove that the ship owner on an upright insurance for the vehicle that covers the maritime claims, which are subject to the limitation of liability under the Convention on limitation of liability for maritime claims, 1976 which was adopted by the International Maritime Organization (IMO) as amended by the Protocol of 1996. The amount of insurance per vehicle per incident has to comply with the respective limit of liability under the Convention.

(2) certificates issued by the Insurance Authority must contain the following information:



a) name of ship, its IMO number and name of the home port;

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

c) type and duration of insurance;

d) name and principal place of business of the Insurance Authority and, if necessary, headquarters, where the insurance is granted.

(3) the language used in the certificate is neither English, nor French, nor Spanish, a translation into one of those languages is to be attached."

15 in § 54 paragraph 2 4 after the expression is omitted in Z "§ 4 para" the expression "1 and", accounts for Z 8 to 13, in Z 14 according to the expression "(§ 34)" the comma and the expression "against the appropriate food and tasting the persons on Board (§ 35) or providing the crew with suitable accommodation rooms and sufficient items of the personal requirements (§ 36 para 1)" , Z 16 to 25, are not applicable in Z 26 the expression "and against the proper food and tasting of the persons on Board (§ 35)" and account for Z 27 to 30.

16 § 54 para 2 No. 6 is:



"6th as owner of not an Austrian ship concern, is that the sea letter and the insurance certificate always on board are carried (§ 7 para 4, § 18);"

17 paragraph 54 paragraph 4:

"(4) was initiated against an Austrian ship crew member an administrative penal proceedings for an administrative offence referred to in paragraph 1, the owner as a representative within the meaning of § 10 of the General administrative procedures Act 1991 - is AVG, BGBl. No. 51 / 1991, and as a process agent in the sense of § 9 of the extra law - ZustG, Federal Law Gazette No. 200 / 1982." This does not apply, the crew member in the individual by another person can be represented with residence in the country or a service authority has granted such a person."

18 § 56 be added following paragraphs 5 to 7:

"(5) authorisations to maritime transport, the maritime law and the Federal law on fulfilling the 1969 International tonnage Convention be changed pursuant to § 7 para 1 in the until the entry into force of the Federal Act, the, Federal Law Gazette I no. 46/2012, amended has been granted, continue to apply taking into account temporal limits of their validity."

(6) qualification badges, which were recognized as equivalent in accordance with § 15 para 2 as amended up to December 31, 2011, continue to apply.

(7) on a statement in accordance with article 15, paragraph 1 operative verification organisations can on qualification cards issued after December 31, 2011, in private law relations the notice in accordance with § 15 para 5 install, unless



1 certificate passes requirements were issued under the for a determination pursuant to § 15 para 1 and 2. establishing in accordance with article 15, paragraph 1 no later than six months after the entry into force of the Federal law the maritime law and the Federal law to comply with the International Convention on tonnage 1969 be changed, Federal Law Gazette I no. 46/2012, is requested.

The determination referred to in subpara 1 is satisfied if proof of the condition pursuant to § 15 para 2 content substantially flawed to assess Z 4 rather than at insertion of the application in accordance with article 15, paragraph 1."

19. the text of section 58 is preceded by the sales designation (1); the following paragraph 2 is added:

"(2) section 3 paragraph 4, article 4, paragraph 1, article 7, paragraph 1 last sentence, article 8, paragraph 1 subpara 1 lit." b, c and e, section 8 subsection 2 No. 1 and no. 6 to 9, article 8, par. 5 and 6, article 10, paragraph 1 Z 5, § 10 par. 2 Nos. 3, 5, 7 and 8, § 10 par. 3 to 5, article 11, paragraph 1, articles 16 and 17, including headings, sections 19 to 21 with headings, section 23 together with heading, sections 25 to 33, including headings, section 34 Z 3 to 5 ", sections 35 to 44, including headings, section 54 paragraph 2 Z 8 to 13, 16 to 25 and 27 to 30 and article 60, paragraph 1 Nos. 1 and 5 appear at the end of the day of the announcement of the Federal Act, the maritime law and the Federal law for the fulfilment of the 1969 International tonnage Convention be changed, Federal Law Gazette I no. 46 / 2012, except force."

20 the following paragraph 4 is added to section 59:


"(4) § 1, § 2 Z 5, § 9, § 11 para. 2 and 6, § 13 para 2 and 4, § 15, § 15a, section 18, section 54 paragraph 2 Z 4, 6, 14 and 26 and para 4, § 56 para 5 to 7 of article 60, paragraph 1 Nos. 3, 4, 6 and 8 in the version of federal law the maritime law and the Federal law for the fulfilment of the 1969 International tonnage Convention be changed" ", Federal Law Gazette I no. 46/2012, at the end of the day of the proclamation into force."

21 in the section 60, paragraph 1 is no. 1, respectively, the word "Foreign" by the words "European and international" is replaced in Nos. 3 and 4, inserted the words 'and sport' in no. 3 after the word "Defence", eliminates Z 5, account for no. 6 after the expression "sections 18" the comma and the expression "23, 25 para 2 subpara of 2, 26 para 2" , account for Z 8 the words "and women" and the expression "social security, generations" is replaced in Z 8 by the expression "Social work".

22. the system is replaced by the following system:

(See Appendix under construction)

Article 2

Amendment of the Federal law for the fulfilment of the 1969 International tonnage Convention

The Federal law on fulfilling the 1969 International tonnage Convention, BGBl. No. 274/1982, amended by the Federal Constitution Act, Federal Law Gazette I no. 2/2008 is amended as follows:

1 in § 8 par. 2 is the expression "AVG 1950" by the expression "of the General administrative procedures Act 1991 - AVG, Federal Law Gazette No. 51/1991" replaced.

2. paragraph 11 paragraph 2:

"An administrative penal proceedings for an administrative offence referred to in paragraph 1 (2) was initiated against the captain of an Austrian Lake vessel, the owner as a representative within the meaning of § 10 of the General administrative procedures Act 1991 - is AVG, BGBl. No. 51 / 1991, and as a process agent in the sense of § 9 of the extra law - ZustG, Federal Law Gazette No. 200 / 1982." This does not apply, as far as the captain in the individual by another person can be represented with residence in the country or a service authority has granted such a person."

The following paragraph 4 is added to § 3. 12:

"(4) I n ° 46/2012 § 8 paragraph 2 and article 11 paragraph 2 as amended by Federal Law Gazette at the end of the day of the proclamation into force."

Fischer

Faymann