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

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Regulation on levies in the federal ports within the scope of the Maritime Law Order (BHfAbgV)

Non-official customs service Table of Contents

BHfAbgV

Date of expiry: 27.10.2008

Full quote:

" Federal seaports-Fee Regulation of 27 April 2008. 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 information, see the Notes

Footnote

(+ + + text certificate: 5.11.2008 + + +)
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On the basis of section 13, paragraph 2, sentence 1, in conjunction with sentence 3 and 4 of the Maritime Task Act, in the Version of 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: Non-official Table of contents

§ 1 Scope of application

(1) This regulation applies to the federal protection and security ports of Borkum, Helgoland, Seechar harbour Wittdün, Kiel-Holtenau and Brunsbüttel.(2) The areas subject to duty include
1.
on Helgoland, Wittdün sea-sign port, Kiel-Holtenau and Brunsbüttel, the port basins and the associated facilities within the limits of the protection and security liability ordinance of 28 December 2008. August 1987 (BAnz. 13 013, 13 541), as last amended by the Regulation of 18 December 2008. February 2008 (BAnz. 1055), as well as
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 duties

(1) A port money is to be paid for the use of the port after the installation.(2) If, exceptionally, the port is used for handling or storage, the payment of a private-legal charge shall remain unaffected. Non-official table of contents

§ 3 Calculation bases

(1) The basis for the calculation of the port money is for watercraft, which The number of registered passengers shall be carried out on the basis of the passenger's remuneration. For other vessels, the assessment unit shall be based on the following:
1.
in the case of seagoing ships, the gross tonnage according to the International Ship Measurement Letter (1969) of Appendix II of the International Ships Convention, of 1969 (BGBl. 65);
2.
for inland waterway vessels half of the carrying capacity shown in the calibration certificate in tonnes;
3.
in naval vehicles for which no ship's letters are issued, the water displacement in the case of marine vehicles. Cubic metres;
4.
for other vehicles, equipment or other floating bodies which are not measured or not calibrated, the volume calculated according to the formula length between the Loten x Width x Depth in Cubic metres;
5.
for towing and push-in associations, the sum of the rated units or tons of all vehicles determined in accordance with points 1 to 4;
6.
the length in meters above all
a)
at Fishing vessels,
b)
for recreational craft, pleasure craft such as cocks, dinghies and other small watercraft, for which no ship's certificate or calibration certificate is issued.
(2) Surveying units are to be upgraded to full units. Non-official table of contents

§ 4 Levy And Maturity

The port money is collected 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. Non-official table of contents

§ 5 Liberation and Discounts

(1) Port money is not collected
1.
for watercraft, floating The working equipment and bodies of the Federal Republic of Germany or of the countries used for the control or maintenance of the electricity, canal or port facilities, as well as for watercraft, the floating working equipment and the floating bodies of private undertakings, which shall be used in the Commission of the Water and Shipping Administration of the Federal Government to carry out maintenance and construction work and submit a certificate from the contracting authority or the client to the Water and Shipping Office,
2.
for vehicles of the German society for the rescue of shipwrecks,
3.
for vehicles of the Bundeswehr, the Federal Police, for customs, pilots, fire extinguishers, rescue and fishing inspectors,
4.
for the boats of the port located in the port Water vehicles, where no special services are used for them and they are not used for commercial passenger or goods transport,
5.
for commercial shipping in a port on the North-Baltic Sea Canal, provided that the surface of the water and shore is used for the sole purpose of taking over fuel or supplies, for the purpose of dispensing slop or for carrying out repairs, and that this use does not last more than 12 hours.
(2) For water vehicles that use 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 permitted by the competent water and shipping directorate in individual cases if the public interest requires it. Non-official table of contents

§ 6 packages

On request, except for ports on the Kiel Canal and for passenger ships in the port of Borkum, for a A specific vessel shall be fixed in accordance with the Appendix. If such a watercraft 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 heard. In this case, the flat rate shall be calculated according to the larger vehicle. Non-official table of contents

§ 7 Registration

If you use the port, you must immediately notify the Water and Shipping Office, which is the to provide the documents required for the calculation of duties or the exemption. unofficial table of contents

§ 8 Entry into force

This regulation will enter into force on the day after the announcement. Non-official table of contents

Asset (to § § 2 and 6)
Port money and package deals

(Fundstelle: BGBl. I 2008, 2154)
(1) The port allowance is
1.
for passenger ships and other vehicles, which Carry out passenger transport against payment, regardless of whether goods are carried along,
a)
authorised passenger and use up to three calendar days in the port of Helgoland
-
in the period of 15 years. April
to 15. October
after the expiration of a port money-
free time of 24 hours-0.23 €,
-
in the rest of the time
after the expiration of a port money-
free time of 24 hours €,
at least
17.00 €
per use,
in the port of Borkum0.43 €, in the rest of the € 0.23;
b)
per registered passenger and use per person caught 24 Hourly in port Holtenau0.23 €,
at least
27.00 €
per usage;
2.
for bathing boats, sports angler vehicles, and passenger ferries, whether or not Goods are carried or Persons 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 watercraft-with the exception of the one in § 3 (1) no. 6-per unit of assessment
-
in ports on the Nord-Ostsee-
channel in use for
per 24 hour-0.13 €,
-
in the other ports at Benut-
for up to three calendar days-0.40 €
(2) The port money is three times after the expiration of a berth Calendar days for vessels referred to in paragraph 1
per unit of assessment or per registered passenger and per calendar day
in the ports on 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 of
caught, for a length
to7 m1,30 €,
over7 m up to 10 m2,00 €,
over10 mup to 12 m2,60 €,
over12 mup to 14 m 3.00 €,
over14 mup to 16 m 3.20 €,
over16 mup to 18 m4,00 €,
over18 mup to 20 m6.00 €,
over20 mup to 26 m8,00 €,
Over26 mup to 30 m12,00 €,
for each additional
meter length additional 1.10 €. (4) For watercraft pursuant to § 3 (1) No. 6 (b), the port money shall be equal to 24 hours per day without regard to the number of daily uses
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in the port of Helgoland at a length
up to8 m6,50 €,
about 8 mup to 10 m10,00 €,
about 10 mup to 14 m13,00 €,
over14 m up to 17 m15,00 €,
about17 m up to 20 m18.00 €,
for each additional
meter length additional 1.10 €,
in the other ports for a length of
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 additional
meter length additional 1.10 €,
for multi-hull booths, these amounts will 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 annual
20 uses 15 times,
40 uses the 30-fold,
80 uses the 45-fold,
250 uses 90 times,
over
250 uses 100 times
of the port money by paragraph 1,
2.
for fishing vessels
for three consecutive months 20, and for one calendar year 60 daily rates as specified in paragraph 3.