Regulation On The Duties In The Federal Ports In The Scope Of The Maritime Waterways Regulation

Original Language Title: Verordnung über die Abgaben in den bundeseigenen Häfen im Geltungsbereich der Seeschifffahrtsstraßen-Ordnung

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/bhfabgv/BJNR215200008.html

Regulation on the duties in the Federal ports in the scope of the maritime waterways Regulation (Federal seaports tax regulation BHfAbgV) BHfAbgV Ausfertigung date: 27.10.2008 full quotation: "Federal seaports tax regulation by October 27, 2008 (Federal Law Gazette I p. 2152)" V go to. by article 4 para 131 G v. 7.8.2013 I 3154 mWv 14.8.2018 learn more about the stand number in the menu see remarks footnote (+++ text detection from: 5.11.2008 +++) input formula on the basis of § 13 para 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. I p. 2876), amended by article 319 of the regulation by October 31, 2006 (BGBl. I S. 2407) , the Federal Ministry for transport, building and urban development, in consultation with the Federal Ministry of finance ordered: § 1 scope of application (1) this Regulation applies to the federal protection and security port Borkum, Helgoland, Daymark port Wittdün, Kiel-Holtenau and Brunsbüttel.
(2) the contravening areas include 1 on Heligoland, in the Lake character port Wittdün in Kiel-Holtenau and Brunsbüttel the docks and associated facilities within the limits of the protection and security of port regulations of 28 August 1987 (BAnz. P. 13 013, 13 541), last amended by the Decree of February 18, 2008 (BAnz. S. 1055), and 2. the dock and associated facilities in the protection, security and port of construction of Borkum in the borders of Borkum Harbour order of 7 March 1991 (BAnz. S. 2713).

§ 2 is to pay a port money after installation charges (1) for the use of the port.
(2) the port is taken as an exception to the envelope or to the storage service, the pay of a private fee shall remain unaffected.

§ 3 is basis of calculation (1) basis for the calculation of port money for water vehicles, carry the passenger fee, the number of permitted passengers. Other water vehicles are as basing measurement unit: 1. when ships gross tonnage to the international tonnage (1969) to annex II of the 1969 International tonnage Convention (BGBl. 1975 II p. 65);
2. in the case of inland half of the capacity designated in the calibration certificate in tons;
3. in the case of marine vehicles, for which no ship calibration are shown, the displacement in cubic metres;
4. for other vehicles, devices or other floats that are not measured or are not calibrated according to the formula length between perpendiculars x wide x depth calculated volume in cubic meters;
5. When towing and pushed convoys the sum of paragraphs 1 to 4 base units or tons of all vehicles; identified
6 the length in metres above all a) for fishing vessels, b) recreational craft, pleasure vehicles such as boats, dinghies and other small water vehicles, for which no tonnage or calibration certificate is issued.
(2) partial assessment units shall be rounded to full units.

§ 4 duties and maturity port money is raised through the locally responsible water and shipping authority. The tax liability is created by running in the duties of the port area. It is to be rounded to full 10 cent and matures with the announcement of the tax bill to the debtor or the tax debtor, if not the water and shipping authority to determine a later date. The port's money is from the 15th day after the due date according to the provisions of §§ 286 shall be payable on 288 and 247 of the civil code.

§ 5 exemptions and discounts (1) port money will not be charged 1 for ships, boats, floating equipment and swimming body of the Federation or of the countries that are used to control or to entertain the power, channel or port facilities and ships, boats, floating equipment and floats of private companies that perform and present a certificate of the client or the client the water and shipping Office on behalf of the water and shipping administration of the Federation of entertainment and construction work , society to rescue shipwrecked, 3. for vehicles of the Bundeswehr, the Federal Police, for customs, pilotage, fire-fighting, rescue and attendant vessels, 4 for tenders which carried no special advantage in the harbour included water vehicles, for them and not to the commercial people or goods are used 2. for vehicles of the Germans, 5. for vehicles of pleasure craft in a Marina at the Kiel Canal , unless the water and the shore area is used solely for the acquisition of fuel or food, to submit by slop or to carry out repairs and such use takes no longer than 12 hours.
(2) for water vehicles, which use the port as a port of refuge, the port money on 50 percent reduced, as long as the emergency. At a time of less than twelve hours, port money for water vehicles reduced No. 1 to 4 and 6 letter a 25 per cent according to § 3.
(3) the competent waterways and shipping Directorate may permit further exemptions and discounts in individual cases, if the public interest requires it.

§ 6 can packages on request, except for ports on the Kiel Canal, and for passenger ships in the port Borkum, for a specific vessel a package be fixed after installation. Is such a water vehicle is sold, it is lost or fails due to repair it, so is the lump sum at the request for a replacement vehicle of the person which the first vessel has heard or heard, to offset. In this case, the lump sum is calculated for the larger vehicle.

§ 7 registration who is using the port, has notified to this the water and shipping Office; While the documentation required for the tax calculation or exemptions shall be provided.

Article 8 entry into force, expiry this regulation enter into force on the day after the announcement.

Plant (for paragraphs 2 and 6) port money and packages (site: Federal Law Gazette I, 2008, in 2154) (1) the port fee is 1 for passenger ships and other vehicles which carry passengers for a fee, regardless of whether goods are carried, a) ever approved passenger and use up to three calendar days in the port of Helgoland – in the period from April 15 to October 15 after a hafengeld-free time by 24 Stunden0 , €23, - the remaining time after a hafengeld--free interval of 24 Stunden0, €23, at least €17.00 per use, in the port of Borkum0, €43, in the other Häfen0, €23;
(b) the approved passenger and use for each commenced 24 hours in the port Holtenau0, €23, minimum €27,00 per use;
2. for bad boats, sports fishing vehicles and passenger ferries, irrespective of whether goods carried or people are transported per approved passenger and use up to three calendar days in the port Borkum0, €43, in the other Häfen0, €23;
3. for cargo and tanker vessels (including car and freight ferries) and other water vehicles - with the exception of article 3, paragraph 1 referred to in no. 6 - rated unit - in ports on the Northern Baltic Sea Canal at use for per 24 Stunden0, €13, - in the other ports when user use up to three Kalendertagen0, €40.
(2) the port fee €13, in the other Häfen0, €40 after a wait time of three days for water vehicles pursuant to paragraph 1 per measurement unit or per approved passenger and per calendar day in the ports on the North Baltic Sea Kanal0.
(3) for fishing vessels, the port fee regardless of the number of daily uses each commenced 24 hours with a length of up to 7 m € 1.30, about 7 m up to 10 m € 2.00, about 10 m up to 12 m €2,60, about 12 m up to 14 m €3.00, about 14 m up to 16 m €3,20, is over 16 m up to 18 m €4.00 , over 18 m to 20 m €6,00, about 20 m up to 26 m €8,00, about 26 m to 30 m € 12.00, for each additional started meter length zusätzlich1, €10.
(4) for water vehicles pursuant to § 3 para 1 No. 6 letter b is port money without regard to the number of daily uses per 24 hours - in Helgoland harbour with a length up to 8 m €6,50, about 8 m up to 10 m €10,00, about 10 m up to 14 m € 13.00, 14 m up to 17 m €15,00 , over 17 m up to 20 m €18,00, for each additional started meter length zusätzlich1, €10, in other ports for lengths up to 8 m € 5.50, about 8 m up to 10 m € 8.00, about 10 m up to 14 m €10,00, about 14 m up to 17 m €11,00, about 17 m up to 20 m €14,00, for every other tuna to metres in length zusätzlich1 , €10, multi hull boats each increase these amounts by half.
(5) the fee pursuant to § 6 is 1 for passenger ships and cargo ships for a calendar year up to year 20 uses the 15 times, 40 uses the 30 times, 80 uses the 45-Fache, 250 uses the 90-Fache, over 250 uses 100 times the port money referred to in paragraph 1, 2 for fishing vessels for three consecutive months of 20 and for a calendar year 60 day rates pursuant to paragraph 3.