Law On The Duties Of The Federal Government In The Field Of Inland Waterway Transport

Original Language Title: Gesetz über die Aufgaben des Bundes auf dem Gebiet der Binnenschiffahrt

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Act on the tasks of the Federal Government in the field of inland waterway transport (Inland Navigation Task Law-BinSchAufgG)

Non-official table of contents

BinSchAufgG

Date of expulse: 15.02.1956

Full quote:

" Inland navigation task law of 15. February 1956 (BGBl. 317), which was last amended by Article 4 (127) of the Law of 7. August 2013 (BGBl. I p. 3154) "

:Recaught by Bek. v. 5.7.2001 I 2026; last amended by Art. 4 para. 127 G v. 7.8.2013 I 3154

See Notes

Footnote

(+ + + Text Proof: 1.6.1986 + + +)

for details on the stand. Non-official table of contents

Section 1 Tasks of the federal government, responsibilities

(1) The federal government is responsible for inland waterway transport
1.
the promotion of the inland waterway and inland waterway transport in general Interest,
2.
The prevention of threats to the safety and ease of transport, and the prevention of shipping hazards (shipping splices) and harmful environmental impacts within the meaning of the Federal Immission Control Act on the federal waterways; the ship-to-ship performance tasks in accordance with an agreement to be concluded with the countries,
3.
the ship calibration (ship surveying) on the federal waterways,
4.
the exhibition of Certificates and certificates relating to the construction, equipment and equipment, including radio equipment, design and operation of the watercraft, floating bodies and floating installations on the federal waterways,
5.
The prevention of hazards to life and health, as well as the securing of appropriate accommodation for people on board the federal waterways,
6.
granting permission to drive on the federal waterways for watercraft,
7.
the scheme and the monitoring and monitoring of the placing on the market of watercraft and bodies requiring technical approval for the purposes of economic operation, and their components and equipment.
(2) The administrative authorities of the Federal Water and Shipping Administration are responsible for the administrative tasks. They may, in accordance with paragraph 1 (2) and (5), take the necessary measures to repel risks and adverse environmental effects and to remove disturbances on the federal waterways. The tasks of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur für Electricity, Gas, Telecommunications, Post and Railways) shall be the responsibility of the Federal Network Agency for the purposes of legal regulations pursuant to Section 3 (1) (4). (Federal Network Agency). (3) (omitted) unofficial table of contents

§ 2 permission to ride

(1) The operation of the federal waterways is permission if the watercraft
1.
is not in a ship's register within the scope of this Law is registered, or
2.
belongs to a natural person who is not a German within the meaning of the Basic Law or does not reside within the scope of the Basic Law. Law, or
3.
belongs to a legal person or group of persons who are not located within the scope of this Act. The same shall apply in spite of a seat within the scope of this Act, where persons who have direct or indirect possession of the will-determining majority of the shares, of the capital or of the voting rights, are either
a)
natural persons who are not Germans in the sense of the Basic Law, or
b)
Natural persons without residence within the scope of this law, or
c)
legal persons or
the
applies
, in place of the owner, an equipment supplier satisfies the conditions set out in point 2 or 3, irrespective of whether the vessel is in the form of a watercraft or a vehicle. an entry in accordance with paragraph 1 is available.(2) A permission is not required
1.
for watercraft, for sports or recreational purposes (sports vehicles),
2.
for watercraft, which according to § 10 (3) of the Register of Ships do not register in the ship's register ,
3.
as far as this is from intergovernmental agreements, in particular from the Revised Rhine Navigation Act and the Treaty establishing the European The Economic Community or the legislation of intergovernmental bodies to which the Federation has conferred jurisdiction under Article 24 of the Basic Law.
(3) The authorization shall decide upon the written request of the The Federal Ministry of Transport, Building and Urban Development is the owner or the exporter. Permission may be limited to individual modes of transport, types of goods, quantities of goods, traffic relations or other means. In particular, it can be denied, in so far as reciprocity is not guaranteed or if the driving interests of the Federal Republic of Germany are impaired. The Federal Ministry of Transport, Building and Urban Development may delegate the power to grant permission to the authorities of the Water and Shipping Administration of the Federal Republic of Germany.(4) The granting of permission shall not be affected by legal business or other designs or fake facts which are suitable for circumvention. Non-official table of contents

§ 3 Legal Regulations

(1) The Federal Ministry of Transport, Building and Urban Development is authorized to do so within the scope of § 1 Paragraph 1 (1) to (5) or (7) legal orders to be adopted by means of
1.
including the behaviour of those involved in the event of a traffic accident, which is required to
a)
To secure traffic and help injured people,
b)
to clarify and secure civil claims the type of participation, and
c)
asserting liability claims
2.
the requirements of
a)
Construction, furnishings, equipment, operation and freeboard of the watercraft, floating bodies and floating Installations,
(b)
installations, components, instruments, equipment and other equipment to be installed or used on watercraft, swimming bodies and floating installations Equipment
2a.
the placing on the market of watercraft and floating bodies, as well as their components and equipment, including the Monitoring and procedure,
3.
the requirements for the identification of the watercraft, floating bodies and floating systems,
4.
the requirements for the radio equipment, including its approval and the radio operation on board watercraft, floating bodies, floating installations and Country,
5.
the requirements for the occupancy of the watercraft and the floating body by number and capability of the crew members,
6.
the requirements for the ability and suitability of the crew members,
6a.
the requirements and the procedure by which certificates and other authorisations are issued, withdrawn or ordered, driving bans are issued and certificates of certificates and other permits are provisionally seized or recovered ,
7.
the requirements for the ability and suitability of the internal controllers, as well as the performance of their activities,
8.
the conditions for the crew members ' activities on board also taking into account vocational training and occupational safety.
(2) Legal orders referred to in paragraph 1 Nos. 1, 2, and 2a can also be issued
1.
to avert hazards to the Water,
2.
for the prevention of harmful environmental impacts of shipping within the meaning of the Federal Immission Control Act; emission limit values may thereby be used (3) The requirements laid down in paragraph 1 (2) may be subject to the conditions laid down in paragraph 1 (
, and shall be subject to the requirements laid down in paragraph 1 (2). competent authorities, where
1.
in the legal regulation is the date of the Specify the notice and specify the reference source exactly,
2.
to establish the notice at the German Patent Office in an archive-based way and in the (
)
Federal Ministry of Transport, Building and Urban Development is authorized, by means of legal regulation, to apply the technical procedures for shipyards (ship surveying), to grant the necessary To regulate the products and the participation of the owners of the vessels, the swimming bodies and the floating installations.(5) Legal orders referred to in paragraph 1 (1), (2) and (2a) shall be adopted jointly by the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, in so far as they are subject to provisions for the prevention of contain the shipping of harmful environmental effects as defined by the Federal Immission Control Act. The legal regulations referred to in paragraphs 1, 2, 2a, 5 and 8 shall require the agreement of the Federal Ministry of Labour and Social Affairs. Legal regulations pursuant to paragraph 1 (2) require, in so far as they affect the health protection exceeding the occupational health and safety protection (Article 1 (1) (5)), also of the agreement with the Federal Ministry of Health.(6) In the legal regulations according to paragraphs 1 and 4,
1.
can also be regulated,
a)
how to prove the fulfillment of requirements and prerequisites,
b)
on the basis of which examination or examination results and how a permit is issued and a document issued to it,
c)
in which way and under what conditions
aa)
lack of ability, suitability, or reliability of the owner,
bb)
technical defects of a A watercraft, an installation, an instrument, a device or other equipment
may be revoked and a document may be provisionally seized or
2.
the power to transfer personal data by the services of the Water and Shipping Administration of the Federal Government or the Water Protection Police of the Länder or by Other bodies entrusted with tasks pursuant to section 1 (1) (1) to (7) shall be admitted, as far as this is necessary
a)
to perform the tasks specified in § 1, para. 1, no. 1 to 7,
b)
for the proper implementation of Tests and investigations,
c)
for decisions on withdrawal or ordering of a permit,
d)
for enforcing the withdrawal or ordering of a permit.
(7) The appropriations referred to in paragraph 1 (2) to (8) do not extend to
a)
Bundeswehr watercraft, swimming body, and floating facilities,
b)
Surveillance equipment within the meaning of § 2 point 30 of the Equipment and Product Safety Act; however, the empowerment extends to the types of pressure vessels and Pressurised gas containers for which a regulation is not enacted for such installations.
Non-official table of contents

§ 3a Beleihung von jurisdist Persons

The Federal Ministry of Transport, Building and Urban Development is authorized by legal regulation to legal persons of private law with the examination of sports vehicles, their technical approval for transport, the allocation of registration plates and proof of identity, their registration as well as the acceptance of tests and the issuing of certificates of competency for the management of sports vehicles. Legal persons must consent to the performance of the tasks in accordance with the Articles of Association and the conduct of the legal persons. Within the scope of the contract, the legal persons shall be subject to the legal and professional supervision of the Federal Ministry of Transport, Building and Urban Development. Non-official table of contents

§ 3b Internal traffic controllers

(1) The Federal Ministry of Transport, Building and Urban Development is authorized to act by means of a legal regulation in consultation with the countries involved, and after consulting the participating associations of inland waterway transport and representatives of the participating pilots, to fix the charges for the services of the internal controllers at an appropriate level.(2) Where and as long as a fixing of the rates of remuneration in accordance with paragraph 1 is in force, other than the fixed charges may not be promised or requested, nor shall it be accepted. Non-official table of contents

§ 3c

With the goal of best traffic control, the Federal Government has to work to ensure that the conditions of competition of the modes of transport, and that fair competition between the modes of transport makes it possible to achieve a proper division of responsibilities economically. Non-official table of contents

§ 3d

The Federal Ministry of Transport, Building and Urban Development may be responsible for implementing Council Directive 87 /540/EEC of 9. 1 November 1987 on access to the profession of entrepellent in national and international inland waterway transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in respect of this profession (OJ L 327, 28.12.1987, p. EC 1987 No 20) by Regulation without the consent of the Bundesrat, the necessary provisions are adopted. In this context, it is also possible to determine which state tasks of inland navigation beyond the area of a country are perceived by the water and shipping directorates. Non-official table of contents

§ 3e Transfer empowerment

(1) The appropriations in accordance with § 3, paragraph 1, also in conjunction with para. 2 and 6, and para. 4, also in connection with paragraph 6, and § 3b para. 1 can be transferred by means of legal regulation to the water and shipping directorates. § 3 (3) and (7) shall apply mutas to the legal regulations of the Water and Shipping Directorates.
order to enact the legal decree according to the first sentence,
1.
in the case of § 3 (1) no. 1 and 2 in the case of The Federal Ministry of Transport, Building and Urban Development and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety jointly, together
the first sentence of paragraph 5,
2.
in the other cases, the Federal Ministry of Transport, Building and Urban Development, which requires the agreement with other federal ministries to the extent that it is necessary for the use of the powers to be transferred would be necessary.
The powers can be transferred to a water and shipping directorate for the district of several water and shipping directorates.(2) Participation obligations in the form of the Benehmens or the hearing provided for in a transferable authorization shall be transferred to the Water and Shipping Directorates with their transfer, in so far as the transmitting legal regulation is not other than that. Non-official table of contents

§ 4 Fees and Deposits

(1) For individually attributable public services in accordance with § § 1 and 2 and on the basis of § 3 (1) to (4), § § 3a and 3d are levied fees and levies. In addition to the requirements of § 10 (1) of the Administrative Costing Act, the obligation to repay the outsourcing is included in the up to the 14. The costs of the centralised production of certificates and the turnover tax payable on fees and expenses shall also be borne by the current version of the version to be applied in force.(2) The Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Ministry of Finance, by means of a legal regulation to charge the fees for the individual public services which are individually attributable in the sense of the Paragraph 1 shall be determined and fixed rates or framework rates should be provided for. The rates are to be calculated in such a way as to cover the personnel and material costs associated with the individual attributable public services; in the case of individual public services which are eligible for individual benefits, it is also possible to have the meaning, the economic value or other benefits for the fee debtor are duly taken into account. Non-official table of contents

§ 5 Hamburg Harbor

The federal government in the area of the Port of Hamburg is located in the area of the Elbe River Elbe. The scope of Section 1 (1) no. 2, 4 and 5 shall not be the responsibility of measures relating to conduct in the transport sector. Moreover, its measures do not cover watercraft, floating bodies and floating installations intended solely for use in the Port of Hamburg, for the management and occupation of such vehicles and for port traffic controllers. Non-official table of contents

§ 6 Surveillance authority

(1) The persons responsible for carrying out the tasks pursuant to § 1 (1) may be responsible for carrying out the tasks. Watercraft, floating bodies and floating installations and their operating and commercial premises, as well as for the manufacture of watercraft and swimming bodies, as well as installations, equipment, components, instruments and equipment for the Enter the operating and commercial premises used for the operation of the ship and carry out tests. These powers shall be exercised outside the operating and business hours and with regard to spaces used for housing purposes only for the prevention of urgent risks to public security and public order; in that regard, the fundamental right shall be: the inviolability of the home (Article 13 of the Basic Law) is restricted.(1a) Persons entrusted with the task of carrying out the task in accordance with Article 1 (2) may stop watercraft for traffic control, including the control of the ability to drive, and enter their operating and commercial premises *. The second sentence of paragraph 1 shall apply accordingly.(2) The owner and the guide of a watercraft, a floating body or a floating facility and the otherwise responsible for safety, as well as the manufacturer of the watercraft and the floating body, and the equipment, equipment, Components, instruments and equipment for the operation of the ship shall be obliged to allow the persons responsible for monitoring the measures referred to in paragraph 1 or paragraph 1a, the labour force and tools needed for the inspection and to provide the information and documentation necessary for the performance of the above-mentioned tasks.(3) The information provided by the person concerned may refuse to provide information on such questions, the answers of which shall be answered by him or one of the members of the risk of criminal prosecution or of any of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure. Proceedings under the Law on Administrative Offences would be suspended. Non-official table of contents

§ 6a Surveillance authority in the framework of inland waterway agreements

(1) Monitor the water and shipping directorates compliance with the minimum/maximum loads fixed by the Bilateral Inland Waterway Agreement on the basis of the Introductory Legislation, and the secondary conditions for the exchange of goods. The Federal Ministry of Transport, Building and Urban Development can fulfil the tasks assigned to the water and shipping directorates by means of a regulation of a water and shipping directorate for the district of several water and shipping directorates .(2) In order to carry out their tasks as referred to in paragraph 1, the water and shipping directorates or their agents may
1.
make the necessary investigations, including access to the books and business documents of all the contracts for a transport performance and its execution take part;
2.
require the parties referred to in paragraph 1 and the persons involved in their business operations to provide information on all the facts of the case for which: The information provided shall be subject to the best knowledge and to the best of its knowledge; the information provided for the purpose of providing information may refuse to answer any such questions, the answers to which may be answered by the person concerned. , or one of the members of the Civil Procedure Code, referred to in § 383 (1) No. 1 to 3 of the Code of Civil Procedure, would suspend criminal prosecution or proceedings under the Law on Administrative Offences;
3.
Enter the premises and premises of the parties referred to in paragraph 1 to carry out an investigation on the spot within the usual business and working hours, as referred to in point 2 They shall give them any information and instruction which they require; the fundamental right of the inviolability of the dwelling (Article 13 (1) of the Basic Law) shall be restricted in so far;
4.
also outside of the business premises of the parties, especially on the federal waterways, in ports, on loading and unloading places, cargo and accompanying documents.
(3) The in Paragraph 2 (1) and the persons engaged in their business activities shall provide the water and shipping directorates or their agents with the necessary means to carry out the surveillance operations and shall have the necessary means to provide the necessary assistance to the Aid services.(4) The Federal Ministry of Transport, Building and Urban Development may adopt the necessary general administrative provisions in order to carry out the monitoring task entrusted to the Water and Shipping Directorates in accordance with paragraph 1. Non-official table of contents

§ 6b Administrative force

The water and shipping directorates may perform the implementation of the Enforce monitoring tasks according to § 6a necessary administrative measures in accordance with the rules applicable to the enforcement of administrative measures in general. Non-official table of contents

§ 7 Bußmonetary regulations

(1) The act is contrary to the law, who intentionally or negligently acts in accordance with § § 3 of the German law and 3d or any enforceable order made under such a decree, in so far as the regulation refers to that fine for a particular case.(2) Contrary to the law, who intentionally or negligently
1.
contrary to § 2 para. 1 as the ship's guide a federal waterway without permission, or as an owner or an equipment supplier, causes the unauthorized access to a federal waterway,
2.
contrary to § 6 (2) of the Persons responsible for the supervision of the watercraft, the swimming body, the floating facility or the operating or business premises, or the taking of an examination, shall not be allowed to enter the labour force or the equipment. provides, does not provide information or does not submit documents or
3.
contrary to § 9 para. 3, also in conjunction with a legal regulation pursuant to para. 4, a communication not correct, not complete or not in good time, or does not provide proof, not correct or not in good time.
(3) Contrary to the law, who as an internal controller is contrary to Section 3b (2) other than the stipulated Charges for or acceptance of charges.(4) The administrative offence referred to in paragraph 1, second paragraph, no. 2 and 3 and paragraph 3 may be punishable by a fine of up to five thousand euros, the administrative offence referred to in paragraph 2, point 1, with a fine of up to twenty-five thousand euros. In the event of a breach of the provisions of the shipping policy adopted in the same manner by the Rhine States or the Member States of the Moselle and the enforceable arrangements established pursuant to such provisions, the amount of the fine shall be the same as the amount of the fine. the framework of Article 32 of the Revised Rhine Navigation Act.(5) Administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences is the Water and Shipping Directorate.(6) Local authority is only the water and shipping directorate in whose district the act is committed. The Federal Ministry of Transport, Building and Urban Development may delegate the jurisdiction of the first sentence by means of a regulation of a water and shipping directorate for the area of several water and shipping directorates to the extent that this is done for a appropriate promotion or speedy completion of the procedures. If the act is carried out on a watercourse between two German shores, which belong to the district of different administrative authorities, the administrative authorities of both banks are responsible. Non-official table of contents

§ 8 Committee of International States

To communicate the federal government with the federal states in the implementation of this law, in particular: The Federal Ministry of Transport, Building and Urban Development will set up a committee of representatives of the Länder to coordinate the interests against transport policy measures. Non-official table of contents

§ 9 Inland Waterway File

(1) The Federal Ministry of Transport, Building and Urban Development competent authority shall carry out a central inland waterway file relating to waterborne vehicles, including floating bodies and floating installations, as well as their owners and equipers
1.
to determine the stock of the inland fleet and its state,
2.
for issuing information, to
a)
People in their property as owners or rosters of watercraft or
b)
Data of a Watercraft
(2)the purposes referred to in paragraph 1, the following data may be stored:
1.
Owner Data,
a)
with natural Persons: surnames, birth names, first names, days and places of birth, addresses, telephone and telefax numbers,
b)
for legal persons and authorities: names or Names and addresses of the registered office as well as a named representative with surname, birth name, first name, day and place of birth, telephone and fax number and
c)
in associations: a named representative with the information referred to in point (a) and, where applicable, the name of the association, and, if there is an outfitment, the equipment supplier or the
.
hometown, type, name and identification number of the watercraft,
.
3.
Construction and usage characteristics with the required entries from the ship's papers, in particular the travel and calibration certificates as well as the ship registers including information on ownership.
(3) The owner or, in the event of an extermination relationship, the equipment supplier or the appointed representative, the body responsible under paragraph 1 shall have the data to be stored in accordance with paragraph 2. , and any modification of such data without any request, without delay, in full and in accordance with the truthfulness of the data, and on request(4) The Federal Ministry of Transport, Building and Urban Development is authorized to determine, by means of a legal regulation, the details of the nature and extent of the data to be stored in accordance with paragraph 2.(5) The personal data stored in accordance with paragraph 2 may, as far as is necessary, for the purposes of
1.
performing administrative tasks
a)
according to this law, the Dangerous Goods Ordinance by Inland Waterway of 21. December 1994 (BGBl. 3971), as last amended by the Regulation of 22 December 2008. December 1998 (BGBl. 4049) or the Regulation on the entry into force of the Regulation on the Carriage of Dangerous Goods by the Rhine and the Regulation on the Carriage of Dangerous Goods by the River Mosel of 21 June 2008. December 1994 (BGBl. 3830), as last amended by the Regulation of 22 December 1994. December 1998 (BGBl. 1998 II p. 3000), as amended, or
b)
under this law or the law of the law of the sea, or
c)
due to the state water laws or legal regulations issued on the basis of these laws in the 31. December 1999, or
d)
on the basis of the law on the protection of transport services of 23 December 1999. July 2004 (BGBl. I p. 1865), as last amended by Article 304 of the Regulation of 31 December 2009. October 2006 (BGBl. 2407),
to the departments of the Water and Shipping Administration of the Federal Government or the Water Protection Police of the Länder, to the top departments of the water and shipping administrations of the Länder, to which: Inland waterway trade association, to the Maritime Trade Association and to the Germanischer Lloyd,
2.
Review of information relating to the application for a complaint and issue of the document referred to in Article 2 (3) of the Revised Rhine Navigation Act, to the body to be determined by the Federal Ministry of Transport, Building and Urban Development,
3.
Persecution of offenses related to shipping or otherwise related to watercraft or documents that the ship, its cargo or crew , or administrative offences in the field of shipping to courts, public prosecutors, the Federal Criminal Police Office as a law enforcement agency, the services of the Water and Shipping Administration of the Federal Government and the Federal Office for the Protection of the Environment Water Protection Police of the Länder,
4.
Review of information in connection with the regulations of the Energy Tax Act or of the provisions adopted pursuant to this Act Legal regulations on the purchase of tax-favoured fuels for shipping to the Federal Customs Administration services,
5.
Implementation of the Market observation in accordance with § 14 of the German Road Transport Act to the Federal Office for Goods Transport
(6) The personal data stored in accordance with paragraph 2 may be transmitted to the competent bodies of other States, as far as this is
1.
for shipping administrative measures,
2.
to prosecute infringements against Provisions in the field of navigation or
3.
for the prosecution of criminal offences relating to shipping traffic or otherwise with watercraft or Documents relating to the ship, its cargo or crew,
is required. The recipient shall be informed that the data may only be processed and used for the purpose to which it has been transmitted. The transmission of personal data shall be permissible even if the recipient does not guarantee an adequate standard of data protection, insofar as it is intended to prevent significant threats to the safety of the ship's traffic or to the protection of the security of the ship. A reasonable suspicion for the prevention or prosecution of criminal offences under the War Weapons Control Act or the Narcotics Act, which are not threatened with imprisonment for less than one year, is required.(7) The personal data stored in accordance with paragraph 2 shall be deleted as far as they are no longer required for the tasks referred to in paragraph 1, but no later than five years after the ship has either gone down and lost its final position. , or after it has become incapable of improvement. Non-official table of contents

§ 10 Official Notice

The Local Courts, which have an inland waterway register, share facts that are
1.
filed under § § 12 and 17 (1) and (4) of the ship's registry order to the inland waterway register ,
2.
is specified in accordance with § 4 (3) of the ship's register order,
the file responsible for the file according to § 9 paragraph 1. unofficial table of contents

§ 11 Administrative Offers File

(1) Each water and shipping directorate performs a file on the authority in its jurisdiction
1.
Processing of the offences Order violation procedure,
2.
Procedure Management.
(2) For the purposes specified in paragraph 1, the following data can be stored:
1.
Family name, birth name, first name, days and places of birth, addresses of those affected, and where applicable, the name and address of the legal representative, the name and address of the company and the authorised representative,
2.
the responsible fine and the file number,
3.
the tides and the crime scenes, as well as the identity characteristics of the watercraft involved,
4.
the accusations by specifying the legal regulations and the more detailed description of the irregularities,
5.
the initiation of the proceedings as well as the proceedings of the proceedings by the fines office, the prosecutor's office and the court, stating the legal Regulations,
6.
the data required for the proper administration of the job.
(3) The Federal Ministry of Transport, Building and Urban Development will be Authorized by law
1.
for details on the nature and extent of the data to be stored (2) (2) (3) to (6),
2.
Procedure of special importance pursuant to paragraph 7 and the deletion periods to be observed
to be determined.(4) The personal data stored in accordance with paragraph 2 may, as far as is necessary, for the purposes of
1.
performing administrative tasks
a)
according to this law, the Dangerous Goods Regulation inland waterway or the Regulation on the entry into force of the Regulation on the Carriage of Dangerous Goods on the Rhine and the Regulation on the transport of dangerous goods on the Mosel or
b)
legislation adopted pursuant to this law or the law on maritime law
Services of the Water and Shipping Administration of the Federal Government and the Water Protection Police of the Länder as well as to the Bundeskasse,
2.
Persecution of criminal offences, which in the the relationship with shipping traffic or otherwise related to watercraft or documents relating to the ship, its cargo or crew, or to administrative offences in the field of navigation in the courts; Public prosecutors, water and maritime administration services of the federal government and water protection police of the Länder,
3.
Enforcement of fine fines or of Orders of decay within the meaning of § 29 of the Law on Administrative Offences to Courts, Public Prosecutors and Main Office Offices or
4.
Evaluation of Ship suncases to the services of the Water and Shipping Administration of the Federal Republic of Germany
(5) The personal data stored in accordance with paragraph 2 may be transmitted to the competent bodies of other States, as far as this is
1.
to comply with Article 1 (5) of the Additional Protocol to the Revided Rhine Navigation Act,
2.
Enforcement of infringements of rules in the field of shipping,
3.
for administrative measures in the field of shipping or
4.
to prosecute offenses related to shipping or otherwise related to watercraft or documents that the ship, its cargo or crew ,
is required. The recipient shall be informed that the data may only be processed and used for the purpose to which it has been transmitted. The transmission of personal data shall be permissible even if the recipient does not guarantee an adequate standard of data protection, insofar as it is intended to prevent significant threats to the safety of the ship's traffic or to the protection of the security of the ship. reasonable suspicion of the prevention or prosecution of criminal offences under the War Weapons Control Act, as amended by the 22. November 1980 (BGBl. 2506), as last amended by Article 10 of the Law of 28 June 2003. October 1994 (BGBl. 3186), as amended, or the Narcotics Act, which are not threatened with imprisonment for less than one year, or which are required for the decision on the withdrawal of a permit under this law.(6) The personal data stored in accordance with paragraph 2 may also be transmitted if the recipient, stating the personal details of the person concerned, credibly stated that
1.
it provides the data to assert, secure or execute, or to satisfy or defuse Legal claims in connection with the participation in the shipping traffic or the collection of a private action for offences committed in the course of ships ' traffic,
2.
without knowledge of the data the assertion, protection or enforcement or the satisfaction or defence of the legal claim or the collection of the private lawsuit is not possible and
3.
it cannot obtain the data in any other way or only with disproportionate effort.
The transmission is only allowed if the person concerned does not has an overriding protection interest in the exclusion of the transmission. The recipient shall be informed that the data may only be processed and used for the purpose to which it has been transmitted.(7) The personal data stored in accordance with paragraph 2 shall be deleted insofar as they are no longer required for the tasks referred to in paragraph 1, but at the latest after the end of the limitation period, unless in the case of procedures of special Importance a longer period of time is required. Non-official table of contents

§ 12 List of small vehicles

(1) Each water and shipping office carries out a list of watercraft a length of less than 20 meters (small vehicles) for which it has been assigned an identification mark to the
1.
Allocation of license plates,
2.
Issuing of information to
a)
People in their property as owners of small vehicles, or
b)
detecting or determining identity characteristics of small vehicles
(2) The following data can be stored for the purposes referred to in paragraph 1:
1.
the allocated tag,
2.
Owner Data,
a)
with natural Persons: family names, birth names, first names, days and places of birth, addresses,
b)
for legal persons and authorities: names or names and addresses the place of business as well as a named representative with surname, birth name, first name, day and place of birth and
c)
in associations: a named representative with the information referred to in point (a) and the name of the association
3.
The nature and characteristics of the small vehicle (vehicle data) and in the case of leased Small vehicles, where necessary, additional features.
(3) The Federal Ministry of Transport, Building and Urban Development is authorized to provide, by means of legal regulation, the nature and extent of the data to be stored in accordance with paragraph 2. .(4) The personal data stored in accordance with paragraph 2 may, as far as is necessary, for the purposes of
1.
Implementation of administrative tasks under this law or under this law or legislation adopted by the Maritime Task Act to water and water services. Shipping Administration of the Federal Government or other bodies entrusted with the tasks of marking,
2.
Persecution of criminal offences related to shipping , the enforcement or enforcement of measures within the meaning of Section 11 (1) No. 8 of the Criminal Code to courts, public prosecutors and the Federal Criminal Police Office as a law enforcement agency, or
3.
Prosecution of administrative offences in the field of shipping to courts and public prosecutors.
(5) The water and shipping offices transmit in regular intervals, but at least every three months, the data stored in accordance with paragraph 2 to the list to be carried out by the Bureau of the North Rhine-Westphalia Water Protection Police (North Rhine-Westphalia Water Protection Police) for the purpose of carrying out ship-to-port police or port police Execution tasks.(6) The personal data stored in accordance with paragraph 2 may be transmitted to the competent bodies of other States, as far as this is
1.
to prosecute infringements against shipping regulations,
2.
Administrative measures in the field of shipping, or
3.
for the prosecution of offences related to shipping traffic,
is required. The recipient shall be informed that the data may only be processed and used for the purpose to which it has been transmitted. The transmission of personal data shall be permissible even if the recipient does not guarantee an adequate standard of data protection, insofar as it is intended to prevent significant threats to the safety of the ship's traffic or to the protection of the security of the ship. Reasonable suspicion of the prevention or prosecution of criminal offences under the Criminal Code or under the War Weapons Control Act or the Narcotics Act, which are in each case threatened with imprisonment not under one year, shall be required is.(7) The personal data stored in accordance with paragraph 2 may also be transmitted if the recipient, stating the personal details of the person concerned, credibly stated that
1.
it provides the data to assert, secure or execute, or to satisfy or defuse Legal claims in connection with the participation in the shipping traffic or the collection of a private action for offences committed in the course of ships ' traffic,
2.
without knowledge of the data the assertion, protection or enforcement or the satisfaction or defence of the legal claim or the collection of the private lawsuit is not possible and
3.
it cannot obtain the data in any other way or only with disproportionate effort.
The transmission is only allowed if the person concerned does not has an overriding protection interest in the exclusion of the transmission. The recipient shall be informed that the data may only be processed and used for the purpose to which it has been transmitted.(8) The personal data stored in accordance with paragraph 2 shall be deleted as far as they are no longer required for the tasks referred to in paragraph 1, but no later than two years after the small vehicle has been signed off. Non-official table of contents

§ 13 Register of certificates of competency

(1) Each water and shipping directorate carries out a regional register of
1.
the driving licences issued by it or its subordinated authorities, as well as the corresponding Certificates of competence in inland waterway transport,
2.
Decisions, the stock, type and extent of driving licences and other allowances, a watercraft
() The competent authority to be determined by the Federal Ministry of Transport, Building and Urban Development shall keep a central register of the authorities assigned by the Water and Shipping Directorates and their subordinated authorities Driving licences.(3) The registers shall be established for the purpose of determining which driving licences and which certificates of competency a person possesses. The regional registers will also be used to assess the suitability, reliability and ability of persons to drive watercraft.(4) For the purposes referred to in paragraph 3, the following data may be stored in the registers:
1.
Family name, birth name, first name, day and place of birth, address,
2.
Grant and registration (including the exchange), stock, type, scope, period of validity, extension, modification and extension of the driver's license, secondary provisions on driving licence,
3.
Capabilities and their validity as well as other permissions to guide a watercraft.
In the regional registers, you can also save:
1.
Driving license concession,
2.
Enforceable decisions on withdrawal, revocation, withdrawal, and orders for driving licence revocation,
3.
Safeguarding and custody of certificates,
4.
prohibitions or restrictions, a
() The subordinated bodies of a water and shipping directorate shall immediately communicate the data referred to in paragraph 4 of their licences to be granted to them by means of their driving licences. The Water and Shipping Directorates shall immediately inform the Central Register of the data referred to in the first sentence of paragraph 4 on driving licences issued by them or their subordinated authorities.(6) In the case of a central production of the certificates, the Water and Shipping Directorate shall provide the manufacturer with the data necessary for this purpose. The manufacturer may only store all serial numbers of the manufactured certificates for the purpose of proving the whereabout of the certificates. The storage of the other information contained in the certificate of competency shall be inadmissible in so far as it does not serve exclusively and temporarily for the manufacture of the certificate of competency; the information shall then be deleted.(7) The Federal Ministry of Transport, Building and Urban Development is authorized to determine, by means of a legal regulation, the details of the nature and extent of the data to be stored in accordance with paragraph 4.(8) The personal data stored in accordance with paragraph 4 may, to the extent necessary, be used for the purposes of
1.
performing administrative tasks
a)
according to this law or under this law or the law or law of the law of the sea, or
b)
due to the state water laws or legal regulations issued on the basis of these laws in the 31. December 1999
(including the determination of the suitability, reliability and empowerment of a person) to the Water and Shipping Administration of the Federal Government and of the Water Protection Police of the Länder and to the top departments of the water and shipping administrations of the countries,
2.
Persecution of crimes related to shipping, in the courts, Prosecutors and the Federal Criminal Police Office as a law enforcement agency,
3.
Persecution of administrative offences in the field of shipping in courts, Public prosecutors, water and maritime administration services of the federal government and the water protection police of the Länder, or
4.
Enforcement of an order on the rest of the driving licence, the withdrawal, withdrawal or revocation of the licence to the services of the Water and Shipping Administration of the Federal Government and the Water Protection Police of the Länder
.(9) The personal data stored in accordance with paragraph 4 may be transmitted to the competent authorities of other States or to national or inter-governmental bodies, to the extent that this is
1.
for administrative tasks in the field of shipping (including correct performance ,
2.
for the prosecution of infringements of legislation in the field of navigation or
3.
for the prosecution of criminal offences related to shipping or otherwise with watercraft, ship's papers, driving licences, or Certificates are required
. The recipient shall be informed that the data may only be processed and used for the purpose to which it has been transmitted. The transmission of personal data shall be permissible even if the recipient does not guarantee an adequate standard of data protection, insofar as it is intended to prevent significant threats to the safety of the ship's traffic or to the protection of the security of the ship. reasonable suspicion of the prevention or prosecution of criminal offences in accordance with the Criminal Code or under the War Weapons Control Act or the Narcotics Act, which are in each case not threatened with imprisonment for less than one year, or for which A decision on the withdrawal of a driving licence is required.(10) The personal data stored in accordance with paragraph 4 shall be deleted insofar as they are no longer required for the tasks referred to in paragraph 3, but at the latest when the underlying driving licence no longer exists. Non-official table of contents

§ 14 Register of Schifferdienstbücher

(1) The German Federal Ministry of Transport, Building and Urban Development Competent authority shall keep a central register of skipper service books issued on a temporary basis by the water and shipping offices for the purpose of issuing information for the purpose of checking whether crew members of inland waterway vessels have a ship ' s service book has been issued on a fixed-term basis and has the ability to do so.(2) The following data may be stored for the purpose referred to in paragraph 1:
1.
Family name, Birth name, first name, date and place of birth,
2.
Data on the ship's register: issuing water and shipping office, issue date and number of the (
) The
and Shipping Offices shall transmit the data referred to in paragraph 2 to the Central Register referred to in paragraph 1 each month.(4) The personal data stored in accordance with paragraph 2 may, to the extent necessary for the purpose of carrying out administrative tasks under this law or legislation adopted pursuant to this Act, be subject to the services of the Water and Shipping Administration of the Federal Republic of Germany.(5) The personal data stored in accordance with paragraph 2 shall be deleted as far as they are no longer required for the tasks referred to in paragraph 1, but at the latest two years after the last time limit has expired. Non-official table of contents

§ 15 General administrative provisions

The Federal Ministry of Transport, Building and Urban Development can be Administrative provisions relating to the uniform application of the provisions of this Act or of the legal regulations adopted pursuant to this Act by its subordinated authorities or the legal persons to which it has been responsible. Non-official table of contents

§ 16 Announcement of legal regulations

Legal regulations under this Act may differ from § 2 (1) of the Announcing and announcing law in the Federal Gazette is announced.