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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Regulation on the running of the internal waters of the Federal Republic of Germany from sea areas on the other side of the border of the German territorial sea and the run-out (start-up ordinance-AnlBV)

unofficial Table of Contents

AnlBV

Date of expiry: 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 December 2008. August 2014 (BGBl. I p. 1371) "

:Last modified by Art. 3 V v. 13.8.2014 I 1371

For details, see Notes

Footnote

(+ + + Text evidence: 28.2.2004 + + +)
(+ + +). Notes from the norm provider to EC law:
Implementation of the
EURL 65/2010 (CELEX Nr: 32010L0065) cf. V v. 8.3.2012 I 483 + + +)

The V was defined as Article 1 of the V v. 18.2.2004 I 300 issued 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. Non-official table of contents

§ 1 Scope

(1) Ships coming from sea areas seeward to the border of the German territorial sea the inner In order to prevent, detect, monitor and reduce pollution of the marine environment by ships and to improve safety and security, the waters of the Federal Republic of Germany shall be run, run out of or in the waters of the Federal Republic of Germany. Ease of maritime traffic and the prevention of accidents, to comply with the conditions set out in the Annex for the run-on and run-off.(2) The Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) has to make the plant known at least once a year in German and an English translation in the "News for seafarers" after its announcement.(3) This Regulation does not apply to
1.
for ships that are used for sovereign purposes and not For commercial purposes, in particular service vessels and research vessels, and pilotage vessels,
2.
with the exception of points 3.1 and 8 of the Appendix for Warships of other States and other state ships not used for commercial purposes
3.
for traditional ships, whose hull length is 45 metres not , 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 facility for fishing vessels whose hull length does not exceed 45 metres.
(4) This Regulation shall not apply to: Bunkers on ships under 1 000 GT, onboard supplies and marine equipment. Non-official table of contents

§ 2 Consequences of violations

(1) A ship whose ship's guide, operator, or agent is determined to be the one specified in the asset Conditions for running and running out have not been fulfilled, the relevant traffic centre first points out this circumstance. 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 control the ship in the The area of German sovereignty is implemented.(2) Any ship whose operator, agent or carrier 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 extended inspection at the German port of destination within the meaning of Article 14 of Directive 2009 /16/EC of the European Parliament and Council of 23 April 2009 on port State control (recast) (OJ C 327, 28.5.2009, p 57), as amended by the Commission. Non-official table of contents

§ 3 Administrative Offences

(1) Administrative Offences as defined in Section 15 (1) (2) of the Maritime Task Act, who Intentionally or negligently, contrary to § 1 (1), in conjunction with points 2.1.1, 2.1.2, 2.2.1 or 2.2.2 of the installation, does not make a notification, not correct, not complete or not in good 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. Non-official table of contents

Asset (to § 1 para. 1)

(Fundstelle: BGBl. I 2004, 301-305;
of the individual amendments, cf. Footnote)
1
Definitions within the meaning of this Regulation
1.1
"Operator": owner, shipowner, charterer, or manager of the ship;
1.2
"Agent": any person authorized or charged to submit all ship and cargo information on behalf of the ship's operator;
1.3
"Dangerous Goods":
-
Substances and Items falling under the relevant definitions for classes 1 to 9 of the IMDG Code,
-
Substances used in bulk loading in IMSBC code classified as dangerous goods, or
-
substances that are to be transported in tankers and
a)
to which a UN number has been assigned or
b)
which are listed in Chapter 17 of the IBC Code and assigned a pollution category there and listed in Chapter 18 of the IBC Code and to which there is a Pollution category is assigned or
c)
listed in Chapter 19 of the IGC Code
-
the radioactive materials mentioned in the INF code;
1.4
"polluting goods":
-
crude oil and petroleum products as defined in Appendix I of the MARPOL Convention,
-
noxious substances as defined in Appendix II of the MARPOL Convention,
-
-
Pollutants as defined in Appendix III of the MARPOL Convention;
1.5
"MARPOL Convention": the 1973 International Convention for the Prevention of Pollution from Ships and the Protocol of 1978 related thereto (BGBl. 1982 II p. 2), in the version in force in accordance with German law;
1.6
"conflict prevention rules": the International Rules of 1972 for the Prevention of Collisions at sea (BGBl. 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 announcement of the 28. February 2009 (VkBl. 102);
1.8
"IBC Code": the International Code for the Construction and Equipment of Ships for the Carriage of Dangerous Chemicals as Bulk (BAnz). 125a of the 12. The International Code for the Construction and Equipment of Ships, July 1986), as amended by German law;
1.9
"IGC-Code": the International Code for the Construction and Equipment of Ships. Transport of liquefied gases as bulk material (BAnz. 125a of the 12. June 1986), as amended by German law;
1.10
"IMSBC Code": the International Maritime Solid Bulk Cargoes Code in the official German translation announced on the 15th December 2009 (VkBl. 775);
1.11
INF-Code: the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuels, Plutonium and High-level Radioactive Waste (BAnz. 23322) in the version in force in accordance with German law;
1.12
"Port Authority": authority or other body responsible for receiving and receiving the goods. Transmission of port access declarations is responsible;
1.13
"Maritime Traffic Safety": from the traffic control centre to the prevention of collisions and ground contact, to the Traffic flow control or the prevention of shipping hazards to the marine environment, as well as traffic control and control provisions adopted;
1.14
"Traffic information": nautical warning messages as well as communications from the traffic control center on the traffic situation, driveway, weather and tidal conditions, which are to be set times are given at regular intervals or at the request of individual ships;
1.15
"Transport support": information and warnings issued by the traffic centre to the Shipping and recommendations in the context of a ship's advisory service from the traffic centre by sea lilies according to § 23 (1) of the Law on the Seasonding Act, which, in the case of reduced visibility, on demand or when the traffic centre is based on the Traffic monitoring is considered to be necessary and is given in accordance with the requirements of the traffic situation, the water and the weather and tidal conditions, also on positions, passing times, rates, speeds or maneuvers of certain ships;
1.16
"Transport regulations": ship-to-traffic control of the transport centre on a case-by-case basis, which shall correspond to the Requirements of the traffic situation, of drivewaters and of weather and tiderelations Regulations relating to the way forward, overtaking, meeting, maximum and minimum speeds or on the driving of a sea-shipping route ;
1.17
"Inner German Bight" (German Bight): the sea area is obtained from the Appendix to this Appendix;
1.18
"U.N. number": the substance belonging to the substance in accordance with the recommendations proposed by the Committee of United Nations Experts on the Carriage of Dangerous Goods and in the codes referred to in points 1.7 to 1.10 of this Appendix;
1.19
"AIS": Automatic ship identification system of the regulation V/ 19.2.4 of the 1974 International Convention for the Protection of Human Life at Sea (BGBl. 1979 II p. 141), most recently in accordance with the Law of 22. December 2003 (BGBl. 2003 II p. 2018).
2
Messages to the Central Reporting Office.
2.1
General messages
2.1.1
Message before entry under Directive 2002/59/EC of the European Parliament and the Council of 27 1 June 2002 establishing a Community vessel traffic monitoring and information system (OJ L 327, 30.4.2002, 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: style="font-weight:normal; font-style:normal; text-decoration:none; ">
a)
at least 24 hours in advance, or
b)
at the latest when the ship is running out of the previous port, if 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,
the information provided by the Central Reporting Office in sentence 2 shall be transmitted. For the purposes of sentence 1, information is:
a)
Ship identification (name, call sign, and IMO ship identification number),
b)
Identification characteristic of the port of destination,
c)
Estimated time of arrival at the port of destination or at the pilotage station and expected time of departure from this port and
d)
Total number of persons on board
2.1.2
Messages after entry and exit after the Directive 2009 /16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) (OJ C 327, 28.5.2009, p 57), in the applicable supplement to the notification referred to in point 2.1.1, the operator, agent or vessel operator of a vessel flying a foreign flag, which is a German port or another area in the area of responsibility of a German port, or leave it, obliged,
a)
after the arrival of the exact Date of arrival of the ship and
b)
after the expiry of the exact date of departure of the ship
and the identification characteristic of the ship. Port shall be sent immediately to the Central Reporting Office.
2.2
Special reports
2.2.1
Reporting before entry and departure for dangerous goods transport pursuant to Directive 2002 /59/EGThe operator, agent or ship's guide of a ship that is dangerous or environmentally harmful If the next port of call, port, port, anchorage or anchorage is within the scope of this Regulation or if it is intended to pass through the Kiel Canal at the latest when leaving the last port of departure of the To submit the following information:
a)
Identification of the ship (name, call sign) and IMO ship identification number);
b)
the last port of departure and the time of departure from this port;
c)
next port of call, deck or anchorage;
d)
expected arrival time in the next port of call, Berth or anchorage or at the pilotage;
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 flammable liquids according to the IMDG code Flash point;
g)
The hazard triggering substances and the United Nations number;
h)
the ship's dangerous goods class and category according to the IMDG code, in the sense of the INF codes;
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)
Charting and unloading port of cargo;
k)
Confirmation that a a list, a list or a location plan, in an appropriate form, indicating the dangerous or polluting goods loaded on board the vessel and their respective situation on the ship, or a corresponding congestion plan on the bridge, or in the ship's management centre;
l)
an address under which detailed information on the cargo is available, as well as the emergency call data of the A consignor or any other person or entity holding information on the physical and chemical characteristics of the products and the measures to be taken in the event of an emergency;
m)
the amount of bulk goods transported as previous cargo within the meaning of Section 30 (1) (1) of the Maritime Order, as far as the tanks are not cleaned and degassed, or are fully inertized;
n)
Characteristics and estimated quantity of the supplied bunker fuel.
To the extent that the information referred to in points (c), (d) and (j) of If the last port of departure is not available, the full message is to be redone as soon as the next port of call, deck or anchorage is known.
2.2.2
Message before entry for extended review pursuant to Directive 2009 /16/ECThe operator, agent or skipper of a ship under foreign flag, which is referred to in Article 14 of the Directive 2009 /16/EC for an extended review, the Central Reporting Office shall have the following 72 hours before the expected arrival in a German port or other area within the jurisdiction of a German port to report:
a)
Identification of the ship (name, call sign, and IMO ship identification number);
b)
Identification characteristic of the port to be started;
c)
scheduled duration of the berth, including the expected arrival time and expiration date;
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)
charge type and volume;
e)
scheduled activities at the destination port or on the Identify slot (load, delete, others);
f)
planned prescribed control checks and essential maintenance and repair work that during the stay at the port of destination;
g)
date of the latest expanded inspection in the Paris MOU Region.
2.3
Central Reporting Office and Reporting Method
2.3.1
Central For the purposes of this Regulation, the Reporting Office shall be 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
Replacement reporting point for extended checking is not possible for the operator, agent or ship leader to report to the Central Reporting Office in accordance with point 2.2.2, the information must be electronic document to the Berufsgenossenschaft für Transport und Verkehrswirtschaft, Ottenser Hauptstraße 54, 22765 Hamburg (E-Mail: psc-germany@bg-verkehr.de).
2.3.3
Reporting procedures The operator, agent or ship's guide has to make the notifications in the ZMGS required under points 2.1 and 2.2 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 ship's guide shall ensure that the necessary notifications are made only once per voyage.
2.4
The possibility of Notification to a port authority of the operator, agent or ship's guide of a ship shall be exempt 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 it has reported that information to a port authority , and the Port Authority is in a position to communicate the information to the Central Reporting Office immediately, 24 hours a day, by way of remote data transmission. The port authorities, which fulfil this requirement, are 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
Line Services exception
2.5.1
National Regular service line services between German ports shall be exempt from the obligation to submit the notifications referred to in point 2.2.1 to the extent that the operator of the respective liner service produces and updates a list of the ships concerned, as well as the list of vessels concerned as 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 line services An international liner service may request a written application at the local water and shipping directorate responsible for the port of departure. The derogation shall be approved as far as the other Member States of the European Union have agreed. After the authorisation has been granted, point 2.5.1 shall apply.
2.6
Meldealities for ships when they enter and/or run out of ports of the Member States in accordance with the Directive 2010 /65/EU of the European Parliament and of the Council of 20 1 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 June 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
Messages on the arrival of certain sea areas
3.1
Reporting on the control of the Inner Deutsche BuchtThe ship's guide of a ship or thrust that runs from the western or northern direction of the Inner German Bight-and Tractor with a gross tonnage of more than 300, irrespective of whether the "German Bight Western Approach" is used, when passing the meridian 007 ° 10 ' E or, from the north or north-west direction. On passing the Breitenparallels 54 ° 20 ' N, the traffic centre "German Bight Traffic" can be reported using VHF radio (VHF Channel 79 or 80) or via an existing AIS:
a)
name, distinguishing signal, IMO ship identification number, if applicable, and type of ship;
b)
position of ship;
c)
length, width, and current freshwater draught of the ship in meters;
d)
gross tonnage of the ship;
e)
last run-and-next Port of call of the ship;
f)
Whether liquefied gases, chemicals or oil and petroleum products are transported as bulk goods or whether such goods have been transported and then the tanks have not been cleaned and degassed or completely inertized;
g)
whether dangerous or polluting goods are transported ;
h)
Statement on whether there are defects in ship or cargo;
i)
operator or agent (or their authorised representative;
j)
Total number of persons on board.
Upon submission of the notification, the ship shall be permanently on VHF Channel 70, 79, 80 or 16
3.2
Message at the start of the national port of HelgolandThe operator, agent or ship's guide of a ship, whose next port of call the national port of Heligoland is required to notify the competent port authority 24 hours in advance, but no later than when the port is running out of the last port, or if it is known that Helgoland is to be launched, the following information shall be reported to the competent port authority:
a)
name and address of the message end;
b)
ship identification (name, discernment signal, IMO ship identification number);
c)
expected arrival time;
d)
expected resume time;
e)
Total number of persons on board
4
Messages under Directive 2000 /59/EC of the European Parliament and 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
4.1
The Ship's Guide of a ship that does not fly the flag of a ship. The Member State of the European Union, which wishes to start a German port, has announced the information provided for in Annex II to Directive 2000 /59/EC on the prescribed and the Federal Ministry of Transport, Building and Urban Development produced form (VkBl. 39), and report
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 less than 24 hours prior to arrival, or
c)
at the latest when running out of the most recently launched port, if the duration of the journey is less than 24 hours,
the registration office of the respective German port of call shall be transmitted. 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 in force.
4.2
The Federal Ministry of Transport, Building and Urban Development has the following information on the obligation to provide information to the Federal Republic of Germany pursuant to point 4.1 and section 5 (1) sentence 1 of the Ship Safety Act in conjunction with Section D, point 16 of the Annex to this Act, competent authorities or bodies (hotlines) in the traffic sheet (VkBl. 2003 p. 698, as last amended in VkBl. 39, as amended in each case) 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 has been reached.
5
Maritime Traffic Control
5.1
The shipping traffic is monitored within the maritime traffic control framework.
5.2
In order to ensure safe navigation, the ship's guide has, as part of its nautical due diligence, rule 2 of the collision avoidance rules when running in and out of the ship to take into account the traffic information and support provided in German, on request in English, without delay in accordance with the conditions of the respective traffic situation and to the traffic regulations
5.3
The activity of maritime traffic control does not release the ship's guide from the obligation to regulate the rules of conflict on 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 inside Deutsche Bucht driving or leaving it leaving
a)
tankers with a gross tonnage of more than 10 000 transporting oils according to Appendix I of the MARPOL Convention,
b)
tankers with a gross tonnage of more than 10 000 transporting noxious liquid substances from group Z to Appendix II of the MARPOL Convention,
c)
tankers with a gross tonnage of more than 5 000 carrying noxious liquid substances of group X or Y according to Appendix II of the MARPOL Convention,
d)
Gastankships with a gross tonnage of more than 10 000 carrying liquid gases,
have the "German Bight Western Approach" traffic separation area
7
Wejustifiers
7.1
ships calling into the interior of the German Bight as road vessels, if they have to drive on the routes from the fire vessel "GB" or from the deep-water talk to the Jade, Weser or Elbe to the grounds of their draughts in the preceding areas, and therefore the right of way to the right . You have to report this to the responsible transport centre. They shall be considered as maneuverable ships within the meaning of Rule 3 (g) of the Collision Prevention rules and shall have the lights and the signal bodies in accordance with Rule 27 (b) of the Collision Avoidance Rules.
7.2
The Revierfahrt may only be used if the tidefahrplan of the responsible water and shipping office is complied with in consultation with the responsible traffic center
8
obligation to accept a lot of pilotage in the LotsverRegulations Elbe 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 journey routes to a German port from the piloting position at ton "GW/TG" in the direction External position of the pilot ship before the mouth of the Emsmündung: tankers within the meaning of Article 21 (1) of the ship order Emsmündung of 22. December 1986 (BGBl.1987 II p. 141), in the respectively applicable version with a length of 150 m or a maximum width of 23 m and more;
b)
on the Travel routes from the pilotage transfer position in the traffic area "Jade Approach" arrive at 5 nautical miles north of the tonne "TG 18" in the direction of the pilotage ship in front of the Weser estuary:
aa)
tankers within the meaning of § 30 (1) of the Maritime Order of the Seeschifffahrtsstraße in the respective version Of a length exceeding anything of 150 m or a maximum width of 23 m or more; with a length of 300 m or more or a draught of 16.50 m and more, two seamen are to be accepted,
bb)
other bulk carriers with a length greater than anything of 250 m or a maximum width of 40 m or a depth of 13.50 m and more,
cc)
other seagoing ships with a length greater than 350 m or a maximum width of 45 m and more
rules provided for in the respective law Length and width interpolation options remain untouched.
9
(omitted)
unofficial table of contents

appendix (to number 1.17 of the asset)

(contents: non-displayable topographic map,
find: BGBl. I 2005, 2297)