Regulation on the start of the internal waters of the Federal Republic of Germany from sea areas seaward of the boundary of the German territorial sea and the expiry

Original Language Title: Regulation on the start of the internal waters of the Federal Republic of Germany from sea areas seaward of the boundary of the German territorial sea and the expiry

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Ordinance on the running of the internal waters of the Federal Republic of Germany from sea areas seeward to the border of the German territorial sea and the run-out (start-up ordinance regulation-AnlBV)

Unofficial table of contents

AnlBV

Date of completion: 18.02.2004

Full quote:

" Start-up Ordinance of 18 February 2004 (BGBl. 300), as last amended by Article 3 of the Regulation of 13 August 2014 (BGBl I). I p. 1371).

Status: Last amended by Art. 3 V v. 13.8.2014 I 1371

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 28.2.2004 + + +) 
(+ + + Official notes of the norm provider on EC law:
Implementation of the
EURL 65/2010 (CELEX Nr: 32010L0065) cf. V v. 8.3.2012 I 483 + + +)

The V was enacted as Article 1 of the V v. 18.2.2004 I 300 by the Federal Ministry of Transport, Building and Housing. She's gem. Article 8 (1) of this Treaty entered into force on 28 February 2004. Unofficial table of contents

§ 1 Scope

(1) Ships arriving from or leaving the inland waters of the Federal Republic of Germany from sea-land waters on the border of the German territorial sea shall have the purpose of preventing, detecting, monitoring and To reduce pollution of the marine environment by ships and to increase the safety and lightness of maritime traffic and to prevent accidents, to comply with the conditions set out in the Annex for the purpose of running and leaving the sea. (2) The Federal Maritime and Hydrographic Agency has at least the facility after its delivery. once a year in German language and an English translation into "News for seafarers" to be published. (3) This Regulation does not apply
1.
for ships used for sovereign purposes and for non-commercial purposes, in particular service vessels and research vessels, as well as ships in the pilot-service mission,
2.
, with the exception of points 3.1 and 8 of the Appendix for warships of other States and other State vessels which are not used for commercial purposes,
3.
for traditional ships whose hull length does not exceed 45 metres, with the exception of point 4 of the Appendix,
4.
for sports vehicles registered for no more than 12 persons and whose hull length does not exceed 45 metres,
5.
with regard to point 4 of the Annex for fishing vessels, the hull of which does not exceed 45 metres.
(4) This Regulation shall not apply to bunkers on ships of less than 1 000 gross toned, onboard supplies and marine equipment. Unofficial table of contents

§ 2 Consequences of infringements

(1) A ship whose ship's guide, operator or agent has not complied with the conditions for entry and exit defined in the installation shall first of all be referred to this circumstance by the relevant traffic centre. However, if the required notifications are not made, the competent authorities may consider this circumstance to be sufficient to suspect a breach of the applicable ship safety rules and to check the ship in the (2) Each ship, whose operator, agent or shipmanager is in breach of the obligation to notify pursuant to point 2.1.2 or 2.2.2 of the Annex, shall be subject to an expanded inspection at the German port of destination. The meaning of Article 14 of Directive 2009 /16/EC of the European Parliament and of 23 April 2009 on port State control (recast) (OJ C 139, 30.4.2009, p. 57), as amended, is amended. Unofficial table of contents

§ 3 Administrative Offences

(1) An administrative offence within the meaning of Section 15 (1) (2) of the Law on the Law of the Sea, who intentionally or negligently contrasts with § 1 (1) in conjunction with points 2.1.1, 2.1.2, 2.2.1 or 2.2.2 of the installation, does not act correctly, not correct, not fully or not in time. (1a) (omitted) (2) The responsibility for the prosecution and prosecution of administrative offences referred to in paragraph 1 shall be transferred to the North and North-West water and shipping directorates. Unofficial table of contents

Annex (to § 1 (1))

(Fundstelle: BGBl. I 2004, 301-305;
with regard to of the individual amendments. Footnote)
1
Definitions For the purposes of this Regulation:
1.1
"operator" means the owner, shipowner, charterer or manager of the vessel;
1.2
"agent" means any person empowered to transmit all ship and cargo information on behalf of the ship ' s operator;
1.3
"Dangerous Goods":
-
substances and articles falling under the relevant definitions for classes 1 to 9 of the IMDG Code,
-
substances classified as dangerous goods during transport as bulk cargo in the IMSBC code; or
-
substances which are to be transported in tankers and
a)
to which a UN number has been assigned or
b)
listed in Chapter 17 of the IBC Code, to which a pollution category is assigned and which are listed in Chapter 18 of the IBC Code, where a pollution category is assigned or
c)
listed in Chapter 19 of the IGC Code,
-
the radioactive substances referred to in the INF code;
1.4
"polluting goods" means:
-
crude oil and petroleum products, as defined in Annex I to the MARPOL Convention,
-
liquid pollutants as defined in Annex II to the MARPOL Convention,
-
Pollutants as defined in Annex III to the MARPOL Convention;
1.5
"MARPOL Convention": the 1973 International Convention for the Prevention of Pollution from Ships and the Protocol thereto of 1978 (BGBl. 1982 II, p. 2), in the version in force in accordance with German law;
1.6
"conflict prevention rules": the 1972 International Rules for the Prevention of Collisions At Sea (BGBl. 1977 I p. 813), as amended in accordance with German law;
1.7
"IMDG-Code": the International Maritime Dangerous Goods Code, in the official German translation, announced by the notice of 28 February 2009 (VkBl. 2009 p. 102);
1.8
"IBC Code": the International Code for the Construction and Equipment of Ships for the Carriage of Dangerous Chemicals as bulk materials (BAnz. 125a of 12 July 1986), as amended in accordance with the provisions of German law;
1.9
"IGC Code": the International Code for the Construction and Equipment of Ships for the Carriage of Liquefied Gases in Bulk (BAnz. 125a of 12 June 1986), as amended in accordance with the provisions of German law;
1.10
"IMSBC Code": the International Maritime Solid Bulk Cargoes Code in the official German translation announced on 15 December 2009 (VkBl. 775);
1.11
"INF-Code": the International Code for the safe transport of packaged irradiated nuclear fuel, plutonium and high-level radioactive waste (BAnz. 23322), in the version in force in accordance with German law;
1.12
"port authority" means the authority or other body responsible for receiving and passing on port access declarations;
1.13
"Maritime traffic control" means the traffic information provided by the Centre for the Prevention of Collisions and Ground Contact, traffic control or the prevention of marine hazards to the marine environment; and Transport assistance and provisions adopted on traffic control and management;
1.14
"traffic information" means nautical warning messages as well as communications from the traffic control centre via the traffic situation, road and weather conditions and tide'conditions, which are at regular intervals or at the request of individual ships at fixed times shall be given;
1.15
"Transport Support": Information and warnings issued by the traffic control centre to navigation and recommendations in the context of a ship's advice from the traffic centre by sea lilies pursuant to § 23 (1) of the Law on the Seafarers ' Act, which Reduced visibility, on request or when the traffic centre considers it necessary on the basis of traffic monitoring, and in accordance with the requirements of the traffic situation, the traffic conditions and the weather and tides conditions Also at positions, passing times, rates, speeds or maneuvers of certain ships may extend;
1.16
"traffic regulations" means the traffic control of the central transport centre in individual cases, which, in accordance with the requirements of the traffic situation, the waterways and the weather and tidal conditions, rules on the way forward, overtake, and meet, be able to include maximum and minimum speeds or the driving of a maritime transport route;
1.17
"Inner Deutsche Bucht" (German Bight): the sea area is the result of the annex to this Appendix;
1.18
"UN number" means the number of the substance in accordance with the recommendations proposed by the Committee of the United Nations Experts on the Carriage of Dangerous Goods and referred to in points 1.7 to 1.10 of this Annex codes is listed;
1.19
"AIS": Automatic ship identification system of Regulation V/ 19.2.4 of the International Convention for the Safety of Life at Sea of 1974 (BGBl. 1979 II p. 141), most recently in accordance with the Law of 22 December 2003 (BGBl. 2003 II p. 2018).
2
Reports to the Central Reporting Office
2.1
General messages
2.1.1
Notification of entry into force in accordance with Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system (OJ L 201, 31.7.2002, p. 10), as last amended by Directive 2009 /17/EC (OJ L 208, 5.8.2009, p. 101), the operator, agent or vessel operator of a ship which operates within the scope of this Regulation is obliged to:
a)
at least 24 hours in advance, or
b)
no later than the date on which the ship runs out of the previous port, provided that the travel time is less than 24 hours, or
c)
if the port of call is not known or changes during the journey, as soon as this information is available,
to submit the information referred to in the second sentence of the Central Reporting Office. The information referred to in the first sentence shall be:
a)
Identification of the ship (name, call sign and IMO ship identification number),
b)
the identification characteristic of the port of destination;
c)
Estimated time of arrival at the port of destination, or at the pilotage station, and estimated time of departure from that port; and
d)
Total number of persons on board.
2.1.2
Notifications after entry and exit pursuant to Directive 2009 /16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ L 136, 31.5.2009, p. 57), in the relevant supplementary to the notification referred to in point 2.1.1, the operator, agent or ship's guide of a vessel flying a foreign flag, which is a German port or territory in the The responsibility of a German port shall be subject to the obligation to leave or to leave the port;
a)
after the date of arrival, the exact date of arrival of the vessel and
b)
after the expiry of the exact date of departure of the ship
as well as the identification characteristic of the port shall be transmitted immediately to the Central Reporting Office.
2.2
Special reports
2.2.1
Notification of entry and departure for the transport of dangerous goods pursuant to Directive 2002 /59/ECThe operator, agent or ship ' s guide of a ship carrying dangerous or polluting goods, if the next port of call, port of departure, Where it is situated or anchorage within the scope of this Regulation, or if a transit through the Kiel Canal is intended to provide the following information at the latest when leaving the last port of departure of the Central Reporting Office:
a)
Identification of the ship (name, call sign and IMO ship identification number);
b)
the last port of departure and the period of departure from that port;
c)
next port of call, berth or anchorage;
d)
estimated time of arrival at the next port of call, berth or anchorage or at the pilotage station;
e)
Total number of persons on board;
f)
dangerous or polluting goods with the correct technical name or the substance or product name and, in the case of flammable liquids, according to the IMDG code, the flash point;
g)
the risk of triggering substances and the UN number assigned by the United Nations;
h)
the class of dangerous goods and category of the ship defined in accordance with the IMDG code, in the sense of the INF code;
i)
the quantities of the goods referred to in point (g) and their place of storage on board, the type of packaging and the packaging group and, where they are carried in other transport units as fixed tanks, the type of transport unit and its Identification number;
j)
the loading and unloading port of the cargo;
k)
confirmation that a list, a list or a location plan shall be drawn up in an appropriate manner to indicate the dangerous or polluting goods loaded on board the ship and their situation in the ship, or a corresponding situation in the ship, a stowage plan shall be held on the bridge or in the ship's management centre;
l)
an address under which detailed information on the cargo may be obtained, as well as the distress call data of the consignor or any other person or entity holding information on the physical chemical characteristics of the products and the measures to be taken in the event of an emergency;
m)
the quantity of bulk goods transported as previous cargo within the meaning of Section 30 (1) (1) of the Maritime Order, to the extent that the tanks are not cleaned and degassed or completely inertized;
n)
Characteristics and estimated quantity of the supplied bunker fuel.
In so far as the information referred to in points (c), (d) and (j) is not available when leaving the last port of departure, the full notification shall be made once the next port of call, reclining or anchorage is known.
2.2.2
Notification of an extended review under Directive 2009 /16/ECThe operator, agent or vessel operator of a foreign-flagged vessel which is eligible for an expanded inspection in accordance with Article 14 of Directive 2009 /16/EC, to report the following information to the Central Reporting Office 72 hours before the expected arrival in a German port or in another area within the jurisdiction of a German port:
a)
Identification of the ship (name, call sign and IMO ship identification number);
b)
the identification characteristic of the port to be launched;
c)
the intended duration of the reclining period, including the expected date of arrival and departure;
d)
for tankers:
aa)
Construction: simple shell, simple shell with separate ballast tank (SBT), double hull;
bb)
Condition of the loading and ballast tanks: full, empty, inertised;
cc)
the type and volume of cargo;
e)
planned activities at the port of destination or at the destination of destination (loading, unloading, other);
f)
scheduled checks and essential maintenance and repair work to be carried out during the period of stay at the port of destination;
g)
Date of last expanded review in the Paris MOU region.
2.3
Central Reporting Office and Reporting Procedure
2.3.1
The central reporting office of the Reporting Office within the meaning of this Regulation is the Maritime Situation Centre of the Havariekommandos (Central Reporting Office), Am Alten Hafen 2, 27472 Cuxhaven, Tel.: + 49 (0) 4721 /567-392, Fax: + 49 (0) 4721 /554-744 or -745. The Central Reporting Office operates the Central Reporting System for Dangerous Goods and Ships of the Federal Republic of Germany (ZMGS) for the acceptance of the reports on the Internet.
2.3.2
If the operator, agent or ship operator is not able to notify the Central Reporting Office of a notification in accordance with point 2.2.2, the information must be sent as an electronic document to the professional association for transport and Verkehrswirtschaft, Ottenser Hauptstraße 54, 22765 Hamburg (email: psc-germany@bg-verkehr.de).
2.3.3
Reporting procedures The operator, agent or ship's guide must make the notifications required under points 2.1 and 2.2 in the ZMGS via the Internet at www.zmgs.de. The message shall contain the name, address, call and fax number of the reporting person. The notifying operator, agent or vessel operator shall ensure that the necessary notifications are made only once per ship's journey.
2.4
Possibility of the exemption notification to a port authority of the operator, agent or ship operator of a ship shall be exempted from the reporting of the particulars referred to in points 2.1.1, 2.1.2 and 2.2.1 to the Central Reporting Office if he or she has provided such information to a port authority. port authority and the port authority is in a position to transmit the information to the Central Reporting Office immediately on request 24 hours a day by remote data transmission. The port authorities, which fulfil this requirement, are made known by the Federal Ministry of Transport, Building and Urban Development in the traffic bulletin and news on the website of the Central Reporting Office at www.zmgs.de.
2.5
Derogation for liner services
2.5.1
National scheduled services between German ports shall be exempt from the obligation to submit the notifications referred to in point 2.2.1, provided that the operator of the respective liner service establishes and updates a list of the ships concerned, and This document has been sent as an electronic document to the Central Reporting Office (e-mail: MLZ@havariekommando.de). The operator of the respective liner service shall ensure that the information referred to in point 2.2.1 can be immediately communicated 24 hours a day at the request of the Central Reporting Office.
2.5.2
International liner services An exception may be granted on written request at the port of water and shipping which is locally competent for the port of departure, provided that the other Member States of the The European Union has agreed. After the authorisation has been granted, point 2.5.1 shall apply accordingly.
2.6
Reporting formalities for ships when they enter and/or run out of ports of the Member States in accordance with Directive 2010 /65/EU of the European Parliament and of the Council of 20 June 2007, of the European Parliament and of the Council of 20 June 2007 October 2010 (OJ C 327, 1), which is adopted in accordance with Directive 2010 /65/EU of the European Parliament and of the Council of 20 November 2010 on the European Parliament and of the Council of the European Parliament and of the Council of 20 1 October 2010 on reporting formalities for ships running in and/or out of ports of the Member States and repealing Directive 2002/6/EC, and available to the various competent authorities and the Member States , can be submitted via the Central Reporting Office.
3
Reports on the application of certain sea areas
3.1
Notification when the Inner Deutsche BuchtThe ship ' s guide of a ship running from the western or the north of the German Bight has a gross tonnage of more than 300 and has a gross tonnage of more than 300, irrespective of the size of the ship. whether the traffic area "German Bight Western Approach" is used, when passing the meridian 007 ° 10 'E or, starting from the north or north-west direction, when passing the latitude parallels 54 ° 20' N, the following information is provided by the Traffic center "German Bight Traffic" via FM radio (VHF-Channel 79 or 80) or to report on an existing AIS:
a)
the name, the distinguishing signal, the IMO ship identification number and the type of vessel, where applicable;
b)
the position of the ship;
c)
the length, width and current fresh water depth of the ship in metres;
d)
the gross tonnage of the ship;
e)
last port of departure and port of call of the vessel;
f)
indication of whether liquefied gases, chemicals or oil and petroleum products are transported as bulk material, or whether such goods have been transported and thereafter the tanks have not been cleaned and degassed or completely rendered inert;
g)
Indication of whether dangerous or polluting goods are transported;
h)
declaration as to whether there are deficiencies in ship or cargo;
i)
the operator or agent or its authorised representative;
j)
Total number of persons on board.
Once the report has been submitted, the ship must be constantly on VHF channel 70, 79, 80 or 16.
3.2
Notification when the national port HelgolandThe operator, the agent or the ship's guide of a ship, whose next port of call is the national port of Helgoland, must be notified 24 hours in advance, but no later than when the ship is run out of the As soon as it is known that Heligoland has been launched, the competent port authority shall report the following information:
a)
the name and address of the reporting person;
b)
Identification of the ship (name, distinguishing signal, IMO ship identification number);
c)
estimated time of arrival;
d)
expected time of re-run;
e)
Total number of persons on board.
4
Notifications pursuant to Directive 2000 /59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (OJ L 327, 22.12.2000, p. 81), as amended by Directive 2007 /71/EC (OJ L 344, 28.12.2007, p. 33), as amended in each case,
4.1
Notification obligation The ship's guide of a ship, which does not fly the flag of a Member State of the European Union and wishes to enter a German port, shall have the information provided for in Annex II to Directive 2000 /59/EC on the The German Federal Ministry of Transport, Building and Urban Development (VkBl) announced that it was required to use the form. 39) to report truthfully and to report
a)
at least 24 hours prior to arrival, provided that the port of call is known; or
b)
as soon as the port of call is known, if this information is available less than 24 hours prior to arrival, or
c)
no later than when the port is run out of the last fishing port, if the journey time is less than 24 hours,
to the reporting office of the respective German port of call. The other obligations resulting from the implementation of the said Directive in other legislation relating to ships flying the flag of a Member State of the European Union or of another State shall remain unaffected.
4.2
The Federal Ministry of Transport, Building and Urban Development has the following in respect of the obligation to transmit data to the Federal Republic of Germany in accordance with point 4.1 and in accordance with § 5 (1) sentence 1 of the Ship Safety Act in Connection with Section D (16) of the Annex to this Act at the receiving competent authorities or bodies (hotlines) in the Official Journal (VkBl. 698, as last amended in VkBl. 2008, p. 39, as amended), and in the news for seafarers. The obligation referred to in the first sentence shall be deemed to be fulfilled if the required written information, whether transmitted by fax or as an electronic document, of a port authority or the port authority responsible for the reception according to national law, shall be deemed to be fulfilled. for this notified body. Data transmitted as an electronic document shall be kept on board in paper form at least until the following port is reached.
5
Maritime traffic control
5.1
Shipping is monitored within the framework of maritime traffic control.
5.2
In order to ensure a safe management of the ship, the ship's guide shall, in accordance with the provisions of Rule 2 of the Collision Prevention Regulations, comply with Rule 2 of the Rules relating to the Avoidance and Termination of the ship in German, on request in English. To take immediate account of traffic information and support in accordance with the conditions of the traffic situation in question and to comply with the traffic regulations that have been taken.
5.3
The activity of maritime transport security does not release the ship's guide from the obligation to comply with the rules of conflict prevention in its own responsibility and in the area of German jurisdiction to comply with the supplementary national special provisions.
6
Obligation to use the traffic area "German Bight Western Approach" (deep waterway) From the west the inner German bay is driving or leaving it
a)
tankers with a gross tonnage of more than 10 000 carrying oils in accordance with Annex I to the MARPOL Convention;
b)
tankers with a gross tonnage of more than 10 000 carrying noxious liquid substances from Group Z according to Annex II to the MARPOL Convention;
c)
tankers with a gross tonnage of more than 5 000 carrying noxious liquid substances of Group X or Y in accordance with Annex II to the MARPOL Convention;
d)
Gas tankers with a gross tonnage of more than 10 000 carrying liquid gases,
have the traffic area "German Bight Western Approach" to drive.
7
Wejusships
7.1
Ships calling into the interior of the German Bight shall be considered to be a road safety vessel if they are in advance on the routes from the Fire Ship "GB" or from the deep-water reede to the Jade, Weser or Elbe River on the basis of their draughts in the preceding areas. They have to drive in a tidebound and therefore take advantage of the right of way. You have to report this to the responsible transport centre. They shall be considered as manoeuvring disabled ships within the meaning of Rule 3 (g) of the Collision Prevention rules and shall have the lights and the signal bodies referred to in Rule 27 (b) of the Collision Prevention rules.
7.2
The route may only be used if, in consultation with the relevant traffic control centre, the tideus plan of the responsible water and shipping authority can be complied with.
8
Obligation to accept a lottery as far as the Elbe Lots Regulations of 8 April 2003 (BAnz. 9989), Weser/Jade of 25 February 2003 (BAnz. 3702) and Ems of 25 February 2003 (BAnz. 3703) in the version in force, nothing else is intended to assume a seamen in the interior of the German Cove outside the German coastal sea:
a)
On the routes to a German port from the pilotage transfer position at tonne "GW/TG" towards the external position of the pilot ship before the mouth of the mouth: tankers within the meaning of Article 21 (1) of the ship order Emsmündung of 22 December 1986 (BGBl.1987 II p. 141), in the version in force, with a length exceeding 150 m or a maximum width of 23 m and more;
b)
On the routes from the piloting position in the traffic separation area "Jade Approach" arrive 5 nautical miles north of the tonne "TG 18" towards the external position of the pilot ship in front of the Weser estuary:
aa)
Tankers within the meaning of Article 30 (1) of the Maritime Routes order in the respectively applicable version with a length exceeding anything of 150 m or a maximum width of 23 m and more; with a length of 300 m or more or a draught of 16.50 m and more are to adopt two souls,
bb)
other bulk carriers with a length greater than or equal to 250 m or a maximum width of 40 m or a draught of 13.50 m and more,
cc)
Other seagoing ships of a length greater than 350 m or a maximum width of 45 m and more.
The interpolation possibilities in terms of length and width provided in the respective lotion regulations remain unaffected.
9
(dropped)
Unofficial table of contents

Annex (to point 1.17 of the Appendix)

(Contents: topographical map, non-representable,
Fundstelle: BGBl. I 2005, 2297)