Regulation On The Start Of The Internal Waters Of The Federal Republic Of Germany From Sea Areas Seaward Of The Territorial Sea Boundary Of The German 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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Read the untranslated law here: http://www.gesetze-im-internet.de/anlbv_2004/BJNR030010004.html

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 phasing out (entering requirements Ordinance - entering) AnlBV finish date: (.) I, p 300): 18.02.2004 full quotation "entering requirements Ordinance of 18 February 2004 has been amended most recently by article 3 of regulation of 13 August 2014 (Federal Law Gazette I p 1371)." Status:... as last amended by article 3 v V 08.13.2014 I 1371 for details on the status of information you can find under the menu instructions footnote (+++ text detection from: 28.2.2004 +++) (+++ official notices of the legislative body to EC law: implementation of the EURL 65/2010 (CELEX No.:.. 32010L 0065) cf.) V v dritter I 483 + ++) the V what adopted in article 1 of V v. 18.2.2004 I 300 from the Federal Ministry of transport, building and housing. She's under article 8 para. 1 of this V entered into force on 28.2.2004. § 1 scope (1) ships coming start of sea areas seaward of the boundary of the German territorial waters, the internal waters of the Federal Republic of Germany, departing from or operate in this, have for the prevention, detection, control and reduction of pollution of the marine environment from ships; and to increase the safety and efficiency of maritime traffic and to prevent accidents, comply with the conditions laid down in the schedule for the arrival and departure. (2) the federal maritime and hydrographic Agency of Germany has to make the investment after its promulgation least once a year in German and English in the "notices to Mariners" known. (3) this Regulation shall not 1. for vessels that are used for sovereign purposes and are not used for trading purposes, in particular service vessels and research vessels and ships in pilotage moving service, 2 with the exception of sections 3.1 and 8 of the system for warships of other states and other government ships, which are not used for trading purposes, 3 for traditional vessels whose hull length not exceeding 45 meters , with the exception of point 4 of the annex, 4 for sports cars, which are approved for no more than twelve people and their hull length 45 meters not exceeds 5. regards point 4 of annex for fishing vessels whose hull length not exceeding 45 meters. (4) this Regulation shall not apply to bunker on ships below 1 000 gross tonnage, aircraft stores and marine equipment. § 2 consequences of violations (1) A ship whose skipper, operator or agent has not fulfilled the conditions laid down in the schedule and conditions for the arrival and departure is first pointed out by the traffic control center competent to this circumstance. Where the prescribed messages not yet issued, the competent areas may regard this fact as a probable cause of violation of the applicable regulations and ship safety, carry out checks of the vessel in the area of German patrolman. (2) every ship, whose operator, agent or skipper violates the obligations laid down in point 2.1.2 or 2.2.2 of the plant, in the German port of destination to expanded inspection in structures with article 14 of Directive 2009/16 / EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ. L 131, 28.5.2009, p 57) has to the applicable version. Article 3 offences (1) on administrative offense Pocket within the meaning of § 15 para. 1 no. 2 of Lake task act committed by anyone who willfully or negligently contrary to § 1 para. 1 in connection with the points 2.1.1, 2.1.2, 2.2.1 or 2.2.2 the system correctly, does not make a notification in time or not completely. (1a) (effective) (2) responsibility for the prosecution and punishment of offenses referred to in paragraph 1 is transmitted to the waterways and Shipping Directorates North and Northwest. Conditioning (.) To article 1, section 1) (reference:...) Federal Law Gazette I 2004, 301-305. with respect to the individual changes see footnote) 1 definitions for the purposes of this regulation 1.1 "operator" means the owner, shipowner, charterer or manager of ship; 1.2 "agent" means any person who is mandated or authorized to, on behalf of the vessel's operator to provide any ship and cargo information; 1.3 "dangerous goods" means: – substances and articles that fall under the appropriate definition for classes 1 to 9 of the IMDG Code, - substances which are classified as dangerous goods in the carriage as bulk cargo in the IMSBC code, or - substances which are to be-tonne tanker and a) has been allocated where a UN number or b) which are listed in chapter 17 of the IBC Code and which is assigned a pollution category and are listed c category or in chapter 18 of the IBC Code and those assigned there a pollution) which are listed in chapter 19 of the IGC Code, - said the INF Code radioactive substances; 1.4 "polluting goods" means: - oils as defined in annex I, according to the MARPOL Convention, - noxious liquid substances as defined in annex II of MARPOL, - harmful substances as defined in annex III to the MARPOL Convention; 1.5 "MARPOL" means the International Convention for the prevention of pollution from ships and its Protocol of 1978 1973, as applicable in each case in last with German law amended; (Federal Law Gazette 1982 II p. 2) 1.6 "Collision Regulations" means the international regulations of 1972 for preventing collisions at sea in force in each case in last with German law amended; (Federal Law Gazette I 1977 S. 813th) 1.7 "IMDG Code" means the international maritime dangerous goods code, in the official English translation, announced by the notice of 28 February 2009. (Following 2009 p. 102). 1.8 "IBC Code" means the international code for the construction and equipment of ships carrying dangerous chemicals in bulk, as applicable in each case in last with German law amended; (Federal Gazette No. 125a of 12 July 1986th.) 1.9 'IGC Code' means the international code for the construction and equipment of ships carrying liquefied gases in bulk, as applicable in each case in last with German law amended; (Federal Gazette No. 125a of 12 June 1986..) 1.10 "IMSBC Code": the international maritime solid bulk cargoes code in the official English translation announced on 15 December 2009 (following 2009 p 775th); 1:11 "INF Code" means the international code for the safe carriage of irradiated nuclear fuel, plutonium and high level radioactive waste in force in each case in last with German law amended; (Federal Gazette 2000 p. 23, 322th) 1.12 "port authority" institution or other body which is responsible for the receipt and dissemination of port-call messages; 1:13 "maritime traffic safety": the need to prevent collisions and groundings, traffic flow control or prevention of shipping outbound threats to the marine environment given traffic information and traffic backups adopted by the traffic control center and the traffic control and traffic control; 1:14 "traffic information": NM warnings and announcements of traffic control center of the traffic situation, fairway and weather and tidal conditions, which are given at set times at regular intervals or at the request of individual ships; 1:15 'traffic backups': notes and warnings of traffic control center at the marine and recommendations as part of a ship advising the traffic control center by sea pilots in structures with § 23 para 1 of the law on maritime pilotage that on in restricted visibility, on request or if the traffic control center there. holding ground traffic monitoring necessary to be given, and may extend the situation traffic requirements of the, the fairways and the weather and r't conditions on position passing times, courses, speeds or maneuver of certain vessels in structures with; 1:16 "traffic regulations": shipping police orders of the traffic control center in case of individual, which may include rules on right of way, overtaking, encounter, minimum and maximum speeds or driving on a waterway as required by the traffic situation, the fairway and the weather and tidal conditions. 1:17 "Inner German Bight" (German Bight): the sea area resulting from the annex to this facility. 1.18 "UN number" means the material number associated with the recommendations, which what is proposed by the Committee of experts of the United Nations for the transport of dangerous goods and are listed in the codes referred to in paragraphs 07.01 to 10.01 of this annex; 1:19 "AIS": Automatic identification system of regulation V / 19.2.4 of the 1974 International Convention for the safety of life at sea (BGBl. 1979 II p. 141), the last covered by the law of 22 December 2003 (BGBl. 2003 II S. 2018) has been changed. 2 messages to the finance intelligence unit 2.1 General 2.1.1 messages message before the vessel in repealed 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 for maritime traffic (OJ. L 208, 5.8.2002, p 10) last amended by Directive 2009/17 / EC (OJ. L 131, 28.5.2009, p 101) has been changed, in its current version the operator, agent or skipper of a ship operating in the scope of this regulation, is bound, a)) if the port of call is not known or changes later than the date on which the ship leaves the previous port, if the voyage time is less than 24 hours , or c during the journey at least 24 hours in advance, or b) once this information is available to transmit information to the FIU referred to in sentence 2 above. Information within the meaning of sentence 1 are: a) ship identification (name, call sign and IMO ship identification number), b) identifier of the port of destination, c) estimated time of arrival at the port of destination or pilot station, and estimated time of departure from that port and d) total number of persons on board. 2.1.2 messages after entering and leaving by the directive 2009/16 / EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ. L 131, 28.5.2009, p 57) in addition to the notification amended in the as referred to in point 2.1.1 is the operator, agent or skipper of a ship under a foreign flag, calling at a German port or another area within the patrolman or of a German port leaves, close a) after running the exact date of arrival of the ship and b) after the expiry promptly with the actual time of departure of the vessel and in each case the identifier of the port to the FIU. 2.2 special messages conveyed the operator, agent or skipper of a ship carrying dangerous or polluting goods 2.2.1 notification before arrival and before departure for dangerous goods in structures with Directive 2002/59 / EC, has when the next port of call, port of departure, couchette or mooring in the scope of this regulation is or transit through the Kiel Canal is intended to transmit at the latest when leaving the final outlet port of the FIU the following information : a) ship identification (name, call sign and IMO ship identification number); (b) last port of departure and time of departure from that port. (c) next port, berth or devotion; (d) estimated time of arrival at the next port, berth or devotion or pilot station; (e) total number of persons on board; f) carrying dangerous or polluting goods with the proper shipping name or the fabric or product names and flammable liquids according to the IMDG Code flashpoint; (g) the risk of triggering substances and allocated by the United Nations UN numbers; h) determined in structures with the IMDG Code hazard classification and class of the ship as defined by the INF code; i) the amounts referred to in the letter g goods and their location on board, packaging and packing group, as well as, as far as they are transported in cargo transport units other than fixed tanks, the type of transport unit and the identification number thereof; (j) for loading and unloading port of the batch; k) confirmation that a list, a list or a map in to appropriate the loaded on board form to specify the vessel transporting dangerous or polluting goods and their location on the ship or a corresponding stowage plan on the bridge or in the ship's command center is maintained; (l) to the address from which detailed information on the cargo may be obtained, as well as the emergency numbers of the shipper or any other person or entity that is in possession of information on the physico-chemical characteristics of the products and on the emergency measures to be taken; (m) the amount of tonne cargo than previous bulk cargoes 1 number 1 of the maritime traffic regulations, as far as the tanks not cleaned and degassed or completely inerted are in last with § 30 paragraph; (s) characteristics and estimated quantity of bunker fuel carried. As far as the information referred to in sub paragraphs c, d and j last port, the complete message are not available when leaving the outlet is to make again once the next port, berth or devotion is known. 2.2.2 message before arriving for to expanded inspection in structures with Directive 2009/16 / EC the operator, agent or skipper of a ship under a foreign flag, which comes under article 14 of Directive 2009/16 / EC for to expanded inspection, has the FIU 72 hours before the expected arrival in a German port or another area within the report to the patrolman of a German harbor the following information : a) ship identification (name, call sign and IMO ship identification number); (b) identifier of the port that is to be started; (c) the envisaged duration of the call, including the estimated time of arrival and the expiry; d) for tankers: aa) configuration: single hull, single hull with segregated ballast tanks (SBT), double hull; BB) condition of the cargo and ballast tanks: full, empty, inerted; CC) of cargo and volume; (e) planned operations at the port or devotion of destination (loading, unloading, other); f) planned statutory survey inspections and substantial maintenance and repair work to be carried out whilst in the port of destination; (g) date of last expanded inspection in the Paris MOU region. 2.3 reporting centre and reporting procedures 2.3.1 reporting centre reporting centre within the meaning of this regulation is the maritime situation centre of the CCME (reporting centre), at the old port 2, 27472 Cuxhaven, Tel.: + 49 (0) 4721 / 567-392, fax: + 49 (0) 4721 / 554-744 or-745. The finance intelligence unit operates to accept messages on the Internet, the central reporting system for dangerous goods and ship transport of the Federal Republic of Germany (ZMGS). 2.3.2 replacement reporting Center at expanded inspections is the operator, agent or skipper impossible a message after point 2.2.2 of the financial intelligence unit, 22765 Hamburg need the information as to electronic document at the Professional Association for transport and transport economics, Ottenser Hauptstraße 54, (E-mail: psc-germany@bg-verkehr.de) are reported. 2.3.3 reporting procedures the operator, agent or skipper has to make the necessary set out in paragraphs 2.1 and 2.2 releases in ZMGS via the Internet at www.zmgs.de. The notification should state the name, address included, call, and fax number of the reporter. The notifier operator, agent or skipper must ensure that the necessary messages per ship travel are submitted only once. 2.4 possibility of liberating message to a port authority the operator, agent or skipper of a vessel shall be exempt from the notification of information provided for in 2.1.1, 2.1.2 and 2.2.1 to the finance intelligence unit if he has reported this information to a port authority and the port authority is able, at their request 24 hours a day to provide information to the FIU promptly by way of remote data transmission. The port areas that meet these criteria are published by the Federal Ministry of transport, building and urban development in the traffic sheet and information purposes on the site of the FIU under, www.zmgs.de. 2.5 exemption for liner shipping services 2.5.1 national liner services liner services between German ports are exempted from the requirement to give the information specified under point 2.2.1, insofar as the operator line ministry created a respectively of the list of the ships concerned and updated and this as of to electronic document to the headquarters reporting Office (email: MLZ@havariekommando.de) submitted. The operator of the included line ministry has to ensure that the information 2.2.1 24 hours a day can be transmitted immediately after number upon request to the FIU. 2.5.2 international scheduled services to a international flights may be authorized, upon written request at the local areas responsible for the outlet port waterways and shipping Directorate on exception, provided that the other Member States of the European Union have agreed. Following approval number 2.5.1 applies accordingly. 2.6 reporting formalities for ships arriving in and / or departing from ports of the Member States repealed with Directive 2010/65 / EU of the European Parliament and of the Council of 20 October 2010 (OJ. L 283, 29.10.2010, p 1) messages to the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and / or departing from ports of the Member States and repealing Directive 2002/6 / EC are to be submitted by the directive 2010/65 / EU and the various competent authorities and the Member States to provide, will be issued via the FIU. 3 messages at start-up of certain sea areas 3.1 message when controlled Inner German Bight The skipper of a oncoming westerly or northerly direction the inner German Bight ship or tugs and pusher association with a large tonnage of more than 300 has, regardless of whether the traffic separation scheme "German Bight Western approach" is used when passing the meridian 007 ° 10 ' E or , starting off from the north or north-westerly direction, when passing the width Parallels 54 ° 20' to report N, the following details of the traffic centre "German Bight Traffic" on VHF (VHF channel 79 or 80) or via on existing AIS: a) name, call sign, where appropriate, IMO ship identification number and type of vessel; (b) position of the vessel; (c) length, width and current freshwater draft of the vessel in meters; (d) the gross tonnage of the vessel; (e) the last run-out and the next port of call; f) whether liquefied gas, chemicals or oil and petroleum products transported in bulk, or whether those goods have been transported and then not cleaned the tank and degassed or completely inerted been are; (g) whether dangerous or polluting goods are transported; h) Declaration whether defects in ship or cargo are present; (i) operate or agent or their agents; (j) total number of persons on board. After submission of the registration the vessel must be constantly listening on VHF channel 70, 79, 80 or 16th 3.2 message when starting the state-owned port Helgoland the operator, agent or skipper of a vessel, its next port of call is the federally Pallavi port Helgoland, has 24 hours in advance, but not later than upon departure from the previous port or as soon as known to Heligoland is started , the competent port authority report the following information: a) name and address of the reporting party; (b) ship identification (name, call sign, IMO ship identification number); c) estimated time of arrival; d) estimated time of re-leakage; (e) total number of persons on board. 4 reports under 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 332, 28.12.2000, p 81) by Directive 2007/71 / EC (OJ. L 329, 14.12.2007, p. 33) has been changed, in its current version 4.1 reporting obligations the skipper of a ship not flying the flag of a Member State of the European Union and wishes to enter a German port, has the (39 more. 2008 p) truthfully report provided for in annex II to Directive 2000/59 / EC information on the 2weeks and known for transport, building and urban development by the Federal Ministry form and the message a) at least 24 hours prior to arrival, if 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) upon departure from the previous port, if the journey time is at least less than 24 hours, the financial intelligence unit the included German port of call to send. The other obligations due to the implementation of the said Directive in other laws for ships flying the German flag, the flag of a Member State of the European Union or of to other State, shall remain unaffected. 4.2 hotlines the Federal Ministry of transport, building and Urban Affairs, the terms of the obligation to provide information to the Federal Republic of Germany in last with point 4.1 and in structures with § 5 paragraph 1 sentence 1 of the maritime safety act in conjunction with section D, point 16 of the annex to this Act receiving competent areas or points (hotlines) in Journal of transport (where. 2003 p. 698) , last amended in following 2008 p 39, in its current version) and familiar in the notices to mariners. The obligations referred to in sentence 1 shall be deemed met if the necessary - sent by fax or as to electronic document - written details of a competent to receive under state law, port authority or the body designated by it for this purpose are available. Submitted as to electronic document data must be kept in paper form at least until it utilize the next port on board. 5 maritime traffic safety 5.1 the ship traffic is monitored as part of the maritime traffic control. 5.2 to ensure the safe navigation of the skipper has under its seafaring due diligence in structures with rule 2 of the regulations for preventing collisions at starting and stopping upon request to take into account in German, in English given traffic information and supports immediately in last with the conditions of the included traffic situation and traffic rules laid down comply. 5.3 the activities of the maritime traffic control does not relieve the skipper from the bond of own responsibility to comply with the collision regulations and patrolman in the German, the complementary national special regulations. Carrying 6 obligation to use the traffic separation scheme "German Bight Western approach" (deep water) from the West Inner German Bight-addressing or leaving a) tanker with a large tonnage of over 10 000, the oils according to annex I of MARPOL, b) tankers with a gross tonnage of over 10 000 carrying noxious liquid substances in the group Z to annex II of MARPOL , c) tankers with a gross tonnage of more than 5, 000, the noxious liquid substances of group X or Y according to annex II of MARPOL, d transport) gas tanker with a large tonnage of over 10 000 carrying liquefied gas, have the traffic separation scheme "German Bight Western approach" to navigate. 7 7.1 easements ships ships calling at the Inner German Bight, deemed easements vessels if they have to go on the trip routes from lightship "GB" or from the deepwater harbor for jade, Weser and Elbe river due to their draft tide in lying ahead district and therefore take the right of way. You have to notify the Department of motor vehicles office. They are considered maneuver disabled ships within the meaning of rule 3 letter g of the regulations for preventing collisions and have the lights and shapes in structures with rule 27 to lead letter b of the collision regulations. 7.2 the estuary trading may only be commenced unless it can be they to, in Zurich with the relevant traffic centre of tide timetable the competent waterways and shipping Office. 8 bond to accept a pilot, except where the same pilotage regulations of 8 April 2003 (Federal Gazette p. 9989), Weser / Jade of 25 February 2003 (Federal Gazette p 3702) and EMS of 25 February 2003 (Federal Gazette.) S. (3703) in its current version the context otherwise requires, in the Inner German Bight have to adopt a sea pilot outside the German territorial sea: a) on the journey journeys to a German port from the pilot transfer position near buoy "GW / TG" towards outer position of pilot vessel before the EMS estuary: tanker as defined in article 21, section 1 of the shipping order EMS delta of 22 December 1986 (BGBl. 1987 II p. 141) in its current version with on overall length of 150 m or a maximum width of 23rd m and more. (b) to the travel distances from the pilot transfer in the traffic separation scheme "Jade approach" coming up 5 nautical miles north of the ton "TG 18" toward external position of the pilot vessel before Weser estuary:. AA) tanker as defined in § 30 section 1 of the maritime traffic regulations as amended with on overall length of 150 m or a maximum width of 23 m and more. with a length of 300 m or with a draft of 16.50 m and more are two sea pilots to accept, bb) other bulk carriers with on overall length of 250 m or a maximum width of 40 m or a draft of 13.50 m and more, cc) other seagoing vessels with on overall length of 350 m or a maximum width of 45 m and more. The measures provided for in the pilotage regulations interpolation options in terms of length and width remain unchanged. 9 (repealed) annex (to paragraph 1.17 of the system) (content: undisplayable topographic map, reference: Federal Law Gazette I, 2005, 2297th)