Ordinance on charges in the federal ports within the scope of the Maritime Order (Federal seaports-Tax Ordinance-BHfAbgV)

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BHfAbgV

Date of completion: 27.10.2008

Full quote:

" Federal Sea Ports-Tax Regulation of 27. October 2008 (BGBl. I p. 2152) "

V up. By Art. 4 (131) G v. 7.8.2013 I 3154 mWv 14.8.2018

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 5.11.2008 + + +) 

  

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Input formula

On the basis of § 13 (2) sentence 1 in conjunction with sentence 3 and 4 of the Maritime Task Act, as amended by the Notice of 26 July 2002 (BGBl. 2876), as amended by Article 319 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407), the Federal Ministry of Transport, Building and Urban Development, in agreement with the Federal Ministry of Finance, is responsible for: Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to the national protection and security ports of Borkum, Helgoland, Seechar harbour Wittdün, Kiel-Holtenau and Brunsbüttel. (2) The areas subject to duty shall include:

1.

on Helgoland, Wittdün sea-sign harbour, Kiel-Holtenau and Brunsbüttel, the port basins and their associated facilities within the limits of the protection and security liability ordinance of 28 August 1987 (BAnz. 13 013, 13 541), as last amended by the Regulation of 18 February 2008 (BAnz. 1055), and

2.

the harbor basin and the associated facilities in the Borkum protection, security and construction harbour within the borders of the Borkum port order of 7 March 1991 (BAnz. 2713).

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§ 2 Levies

(1) In order to use the port, a port money shall be paid in accordance with the Appendix. (2) If the port is used in exceptional cases for handling or storage, the payment of a private legal fee shall remain unaffected. Unofficial table of contents

§ 3 Calculation bases

(1) The basis for the calculation of the port money shall be the number of eligible passengers in the case of watercraft carrying out passenger transport against payment. For other watercraft, the following shall be used as the design unit:

1.

in the case of seagoing ships, the gross tonnage according to the International Ship Measurement Letter (1969) according to Annex II of the International Convention on Ships ' Surveying 1969 (BGBl. 65);

2.

in the case of inland waterway vessels, half of the carrying capacity shown in the certificate in tonnes;

3.

in the case of naval vehicles for which no ship's letters are issued, the water displacement in cubic metres;

4.

in the case of other vehicles, equipment or other floating bodies which are not measured or not calibrated, the volume of cubic metres calculated according to the formula length between the Loten x Width x draught;

5.

in the case of towing and pusher associations, the sum of the units or tonnes of all vehicles determined in accordance with points 1 to 4;

6.

the length in meters above everything

a)

for fishing vessels,

b)

in the case of recreational craft, amusement vehicles such as cocks, dinghies and other small watercraft, for which no certificate of navigation or verification certificate is issued.

(2) The captured units of assessment shall be rounded up to full units. Unofficial table of contents

§ 4 Levy And Due Date

The port money is levied by the local water and shipping office. The tax liability shall be incurred as a result of the entry into the port area subject to duty. It shall be round to full ten euro cents and shall be payable on the notification of the levy invoice to the debtor or the debtor, if not the water and shipping office at a later date. The port money will be available from the 15. The day after due date is to be galvanissed according to the provisions of § § 286, 288 and 247 of the Civil Code. Unofficial table of contents

§ 5 Liberation and Discounts

(1) Port money shall not be levied

1.

for watercraft, floating working equipment and floating bodies of the Federation or of the countries used for the control or maintenance of the electricity, canal or port facilities, as well as for watercraft, floating working equipment and Floating bodies of private companies carrying out maintenance and construction work on behalf of the Water and Shipping Administration of the Federal Republic of Germany, and a certificate issued by the contracting authority or the contracting authority to the Water and Shipping Office ,

2.

For vehicles of the German Society for the rescue of shipwreaers,

3.

for vehicles of the Bundeswehr, the Federal Police, for customs, pilots, fire-extinguishing, rescue and fishing inspecting vehicles,

4.

for the vessels of the watercraft situated in the port, where they are not subject to special services and they are not used for commercial passenger or freight transport,

5.

for commercial shipping vehicles in a port on the Kiel Canal, provided that the surface of the water and shore is used solely for the purpose of taking over the fuel or the provision of fuel, for the purpose of dispensing slop or for carrying out repairs, and Use not longer than 12 hours.

(2) For vessels using the port as a port, the port money will be reduced to 50 per cent, as long as the emergency situation exists. In the case of a recuperation period of less than 12 hours, the port allowance for watercraft shall be reduced to 25 per cent in accordance with § 3 Nos. 1 to 4 and 6 (a). (3) Further exemptions and reductions may be provided by the competent water and shipping directorate in the Allow an individual case if the public interest requires it. Unofficial table of contents

§ 6 Package

On request, except for ports on the North-Baltic Sea Canal and for passenger ships in the port of Borkum, a flat-rate charge for a specific watercraft can be fixed after the installation. If such a vessel is sold, if it is lost or if it is due to repair, the lump sum shall be set off at the request of a replacement vehicle of the person to whom the first vessel belongs or has been heard. In this case, the flat rate shall be calculated according to the larger vehicle. Unofficial table of contents

§ 7 Registration

Those who use the port shall immediately notify the Water and Shipping Office, which shall be required to submit the documents required for the calculation of duties or the exemption. Unofficial table of contents

§ 8 Entry into force, external force

This Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Annex (to § § 2 and 6)
Port money and package

(Fundstelle: BGBl. I 2008, 2154)
(1) The port money shall be

1.

for passenger ships and other vehicles carrying out passenger services for remuneration, irrespective of whether goods are carried along,

a)

Per registered passenger and use up to three calendar days in the port of Helgoland

-

in the period of 15 April
up to the 15th October
after the expiry of a port allowance,
free time of 24 hours, 0.23 €,

-

in the rest of the time
after the expiry of a port allowance,
free time of 24 hours, 0.23 €,
at least
17,00 €
per use,

in the port of Borkum0, 43 €, in the rest of the Häfen0, 23 €;

b)

per approved passenger and use per 24 hours in the port of Holtenau0, 23 €,
at least
27,00 €
per use;

2.

for bathing boats, sports angler vehicles and passenger ferries, regardless of whether goods are carried or not. Passengers are transported, per registered passenger and use up to three calendar days in the port of Borkum0.43 €, in the rest of the Häfen0, 23 €;

3.

for freight and tanker ships (including wagons and freight ferries) and other vessels, other than those referred to in Article 3 (1) (6), per unit of assessment

-

in the ports on the North-Baltic Sea-
Channel when used for
24 hours per hour, € 0.13 per person,

-

in the other ports in the case of Benut,
Up to three calendar days 0.40 €.

(2) The port allowance shall be for watercraft in accordance with paragraph 1 after the expiry of a berth of three calendar days.
Per unit of assessment or per registered passenger and per calendar day
in the ports of the North-Baltic Sea-Channel 0.13,
in the rest of Häfen0, 40 €. (3) For fishing vessels, the port money shall be without regard to the number of daily uses per 24 hours per person
for a length of

up to	7 m		1.30 €,
over	7 m	up to 10 m	2.00 €,
over	10 m	up to 12 m	2,60 €,
over	12 m	up to 14 m	3,00 €,
over	14 m	up to 16 m	3,20 €,
over	16 m	up to 18 m	4,00 €,
over	18 m	up to 20 m	6,00 €,
over	20 m	up to 26 m	8,00 €,
over	26 m	up to 30 m	12,00 €,

for each other recruit
Meter length additional 1.10 €. (4) For watercraft in accordance with § 3 (1) No. 6 (b), the port money shall be paid without regard to the number of daily uses
24 hours per person

-

in the port of Helgoland at a length

up to	8 m		6,50 €,
over	8 m	up to 10 m	10,00 €,
over	10 m	up to 14 m	13,00 €,
over	14 m	up to 17 m	15,00 €,
over	17 m	up to 20 m	18,00 €,

for each other recruit
Meter length extra 1.10 €,

in the other ports at a length

up to	8 m		5,50 €,
over	8 m	up to 10 m	8,00 €,
over	10 m	up to 14 m	10,00 €,
over	14 m	up to 17 m	11,00 €,
over	17 m	up to 20 m	14,00 €,

for each other recruit
Meter length extra 1.10 €,

in the case of multi-hull boats, these amounts shall be increased by half. (5) The flat rate according to § 6 shall be:

1.

for passenger ships and cargo ships for a calendar year up to a year

20 uses the 15 -fold,

40 uses the 30-fold,

80 uses 45 times,

250 uses 90 times,

over

250 uses 100 times

of the port authorities referred to in paragraph 1;

2.

for fishing vessels
for three consecutive months 20 and for a calendar year 60 daily rates in accordance with paragraph 3.