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Law on the tasks 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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Law on the tasks of the Federal Government in the field of inland waterway transport (inland waterway transport task law-BinSchAufgG)

Unofficial table of contents

BinSchAufgG

Date of completion: 15.02.1956

Full quote:

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

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

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.6.1986 + + +) 

Unofficial table of contents

§ 1 Tasks of the Federal Government, responsibilities

(1) The Federal Government is responsible for the inland waterway transport
1.
the promotion of the inland waterway fleet and inland waterway transport in general German interest;
2.
the prevention of risks to the safety and ease of transport and the prevention of dangers arising from shipping (shipping splices) and harmful environmental impacts within the meaning of the Federal Immission Control Act (BfB) Federal waterways; the ship-to-ship performance tasks in accordance with an agreement to be concluded with the countries;
3.
ship calibration (ship surveying) on the federal waterways,
4.
the issuing of certificates and certificates relating to the construction, equipment and equipment, including radio equipment, the design and operation of the watercraft, the swimming bodies and the floating installations on the federal waterways,
5.
the prevention of risks to life and health and the securing of adequate accommodation for persons on board on the federal waterways,
6.
the granting of permission to travel on the federal waterways for watercraft,
7.
the regulation and supervision of the placing on the market of watercraft and bodies in need of technical approval for the placing on the market as part of an economic enterprise, as well as the components and equipment of such bodies.
(2) The authorities of the Water and Shipping Administration of the Federal Government 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 travel

(1) The operation of the federal waterways is subject to a permit if the watercraft
1.
is not registered in a register of ships within the scope of this Act, or
2.
is a natural person who is not a German within the meaning of the Basic Law or who does not reside within the scope of this Act, or
3.
of a legal person or group of persons who does not have their registered office within the scope of that law. The same shall apply in spite of a seat within the scope of this Act, where persons who have, directly or indirectly, the majority of the shares, capital or voting rights which determine the wills, either
a)
natural persons who are not Germans within the meaning of the Basic Law, or
b)
natural persons without residence within the scope of this Act; or
c)
Legal persons or associations of persons without a registered office within the scope of this Act
.
The same shall apply where, in place of the owner, an equipment supplier satisfies the conditions set out in point 2 or 3, irrespective of whether the vessel is registered in accordance with paragraph 1. (2) A permit is not required
1.
for water vehicles used for sports or recreational purposes (sports vehicles),
2.
for watercraft, which do not require registration in the register of ships pursuant to Article 10 (3) of the Code of Shipping,
3.
in so far as this is from intergovernmental agreements, in particular from the Revised Rhine Navigation Act and the Treaty establishing the European Economic Community, or from legislation of intergovernmental bodies to which the The Federal Government has transferred sovereignty under Article 24 of the Basic Law.
(3) The Federal Ministry of Transport, Building and Urban Development shall decide upon the permission of the Federal Ministry of Transport, Building and Urban Development at the written request of 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 the reciprocity is not guaranteed or 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 Federation. (4) The authorisation is subject to legal business. Company law or other designs or dummy facts that are suitable for circumvention shall not be affected. Unofficial table of contents

§ 3 Legal Regulations

(1) The Federal Ministry of Transport, Building and Urban Development is authorized to issue legal orders within the scope of section 1 (1) (1) (1) to (5) or (7).
1.
the conduct on the market, including the behaviour of those involved in the event of a road accident, which is necessary to:
a)
to secure traffic and help those injured,
b)
to determine the nature of the participation in order to clarify and safeguard civil claims; and
c)
to be able to claim liability for liability,
2.
the requirements for
a)
Construction, installation, equipment, operation and freeboard of vessels, floating bodies and floating installations,
b)
the installations, components, instruments, equipment and other equipment to be installed or used on watercraft, swimming bodies and floating installations,
2a.
the placing on the market of watercraft and bodies and their components and equipment, including the monitoring and the procedure;
3.
the requirements for the identification of watercraft, floating bodies and floating installations;
4.
the requirements for radio equipment, including its authorisation and the operation on board watercraft, floating bodies, floating installations and on land;
5.
the requirements for the occupancy of the vessels and bodies by number and competence of the crew members,
6.
the requirements for the ability and aptitude of the crew members,
6a.
the conditions and the procedure by which certificates and other permits are issued, withdrawn or ordered, driving bans are issued and documents on certificates and other permits are provisionally issued can be seized or recovered;
7.
the requirements for the ability and aptitude of the internal controllers and the performance of their activities;
8.
the conditions for the activities of the crew members on board also taking into account vocational training and occupational safety and health.
(2) Legal orders referred to in points 1, 2 and 2a of paragraph 1 may also be adopted
1.
to avert danger to the water,
2.
for the prevention of harmful environmental effects of the shipping industry as defined by the Federal Immission Control Act; emission limit values may also be used, taking into account the technical development, also for a time after the entry into force of the Legal regulation.
(3) Due to the requirements referred to in paragraph 1 (2), notices of expert opinion may be made available to all persons;
1.
indicate in the regulation the date of the contract notice and identify the reference source,
2.
to establish the notice at the German Patent Office in an archival way and to draw attention to this in the legal regulation.
(4) The Federal Ministry of Transport, Building and Urban Development is authorized, by means of a legal regulation, the technical procedures for ship calibration (ship surveying), the issuing of the necessary certificates and the participation of the owners of the (5) Legal regulations referred to in paragraph 1 (1), (1), (2) and (2a) shall be governed by the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry for the Environment, Nature Conservation and Nuclear Pollution (BMWR). In so far as they lay down rules for the prevention of Shipping of outgoing harmful environmental impacts within the meaning of 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. The legal regulations referred to in 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 the agreement with the Federal Ministry of Health. (6) In the legal regulations according to the Paragraphs 1 and 4 may also
1.
,
a)
how to demonstrate compliance with the requirements and requirements,
b)
on the basis of which examination or examination results and how a licence is issued and a document issued thereon,
c)
in what way and under what conditions
aa)
the lack of competence, suitability or reliability of the holder;
bb)
technical defects of a watercraft, an installation, an instrument, a device or any other equipment
revoked a permit and a document may be provisionally seized or recovered,
2.
The power to transmit 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 § 1 (1) (1) to (7) shall be admitted as far as is necessary
a)
for the performance of the tasks referred to in Article 1 (1) (1) to (7)
b)
for the proper conduct of tests and examinations,
c)
for decisions on the withdrawal or the order of a permit,
d)
for the enforcement of the withdrawal or the order of the resignation of a permit.
(7) The appropriations referred to in paragraph 1 (2) to (8) shall not apply to:
a)
Water vehicles, floating bodies and floating facilities of the German Armed Forces,
b)
Installations in need of surveillance within the meaning of Section 2 (30) of the Equipment and Product Safety Act; the authorization shall, however, cover the types of pressure vessels and pressurised-gas containers for which a Regulation does not apply to such installations is.
Unofficial table of contents

§ 3a Beleihung of legal persons

The Federal Ministry of Transport, Building and Urban Development is authorized by legal regulation to include legal persons under private law with the investigation of sports vehicles, their technical approval for transport, the allocation of license plates. and proof of identity, registration and 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. Unofficial table of contents

§ 3b Internal lottery

(1) The Federal Ministry of Transport, Building and Urban Development is authorized to do so by means of a legal regulation in consultation with the participating countries and after consultation of the participating associations of inland waterway transport and representatives of the participating pilots (2) Where and for 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, nor required, nor shall be adopted. Unofficial table of contents

§ 3c

With the aim of the best transport operation, the Federal Government has to work towards harmoniating the conditions of competition between modes of transport and to ensure that a fair competition between modes of transport makes it economically viable. Task sharing is made possible. Unofficial table of contents

§ 3d

The Federal Ministry of Transport, Building and Urban Development may implement Council Directive 87 /540/EEC of 9 November 1987 on access to the occupation of the operator in national and international inland waterway transport, and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in this profession (OJ L 327, 30.4.2004, 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. Unofficial table of contents

§ 3e Transfer empowerment

(1) The appropriations in accordance with § 3 (1), also in conjunction with paragraphs 2 and 6, and (4), also in conjunction with paragraph 6, and § 3b (1) may be transferred to the water and shipping directorates by means of a legal regulation. § 3 (3) and (7) shall apply mutas to the legal regulations of the Water and Shipping Directorates. Authorizing for the adoption of the legal regulation in accordance with the first sentence
1.
in the case of § 3 (1) (1) and (2) in conjunction with the first sentence of paragraph 5, the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety,
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 would be necessary for the authorization to be carried out.
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, which are in a transferable authorization , shall be transferred to the Water and Shipping Directorates with their transfer, unless otherwise provided for by the Regulation on the transfer of rights. Unofficial table of contents

§ 4 Fees and Deposits

(1) Charges and levies are levied for individually attributable public services in accordance with § § 1 and 2 and the legal regulations issued pursuant to § 3 (1) to (4), § § 3a and 3d. In addition to the expenses to be collected in accordance with Section 10 (1) of the Administrative Costs Act in the version to be applied up to 14 August 2013, the costs for the central production of certificates and the costs for the central production of certificates of competency are also included in the obligation to pay out the delivery. (2) The Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Ministry of Finance, to apply the fees for the individual to determine individually attributable public services within the meaning of paragraph 1, and to provide fixed rates or framework rates. 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 make use of the relevant public services. the economic value or other benefits for the fee debtor are duly taken into account. Unofficial table of contents

§ 5 Port of Hamburg

Within the scope of section 1 (1) (2), (4) and (5), the federal government is not responsible for measures relating to traffic behaviour on the part of the Elbe River Elbe in the area of the Port of Hamburg. 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. Unofficial table of contents

§ 6 Supervisory Authority

(1) For the purposes of carrying out the tasks referred to in Article 1 (1), the persons responsible for carrying out the tasks may be water vehicles, floating bodies and floating installations and their operating and business premises, as well as for the manufacture of watercraft and swimming bodies, and Enter and carry out audits of equipment, equipment, components, instruments and equipment for the operation of the ship, and premises. These powers shall be exercised outside the operating and business hours and with regard to spaces used for housing purposes only in order to prevent urgent threats to public security and public order; in this respect, the The fundamental right of inviolability of the home (Article 13 of the Basic Law) is restricted. (1a) Persons entrusted with the task of carrying out the task pursuant to Article 1 (2) may use watercraft for traffic control, including the control of the Stop driving and enter their operating and business premises *. The second sentence of paragraph 1 shall apply. (2) The owner and the guide of a watercraft, a floating body or a floating facility and the person responsible for safety, as well as the manufacturer of the watercraft and the swimming pool, and the Installations, equipment, components, instruments and equipment for the operation of the ship shall be required to allow the persons responsible for the supervision to take the measures referred to in paragraph 1 or paragraph 1a, which shall be required for the inspection to provide workers and tools and to provide information and (3) The information provided for the information may refuse to provide information on such questions, the answers of which shall be answered by him or by any of the questions referred to in § 383 (1) (1) to (3) of the The Civil Procedure Code would expose persons to the risk of criminal prosecution or proceedings under the Law on Administrative Offences. Unofficial table of contents

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

(1) The Water and Shipping Directorates shall monitor compliance with the minimum/maximum rates and the secondary conditions set out in the Introductory Legislation to the Bilateral Inland Waterway Agreements by means of the Regulation. Exchange. The Federal Ministry of Transport, Building and Urban Development can fulfil the tasks assigned to the water and shipping directorates by means of a legal 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.
to carry out the necessary investigations, including access to the books and business documents of all parties involved in the conclusion of a contract relating to a transport performance and to its implementation;
2.
require information from the parties referred to in paragraph 1 and the persons involved in their business operations to provide information on any facts which are relevant to the conduct of the monitoring; the information is truthful to the best of the knowledge and To grant certain information; the person responsible for providing information may refuse to answer any such questions, the answer to which he or she himself or one of the members of the danger referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure criminal prosecution or proceedings under the law on administrative offences ,
3.
enter the land 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; the persons referred to in paragraph 2 shall inform them of any information and refoulement on the spot. the fundamental right of inviolability of the dwelling (Article 13 (1) of the Basic Law) is restricted in so far as it is not necessary;
4.
check cargo and accompanying documents outside the business premises of the parties concerned, in particular on the federal waterways, in ports, on loading and unloading stations.
The persons referred to in paragraph 2 (1) and those engaged in their business activities shall provide the water and shipping directorates or their agents with the necessary tools in the implementation of the surveillance measures, and shall: (4) The Federal Ministry of Transport, Building and Urban Development may, in order to carry out the monitoring task entrusted to the Water and Shipping Directorates in accordance with paragraph 1, provide the necessary general information Administrative provisions. Unofficial table of contents

Section 6b Administrative force

The Water and Shipping Directorates may enforce the administrative measures necessary for the enforcement of general administrative measures in accordance with Article 6a of this Directive, in accordance with the administrative measures required by Article 6a of this Directive. Unofficial table of contents

Section 7 Penance

(1) An administrative offence is the person who intentionally or negligently acts in accordance with § § 3 and 3d or a enforceable order made pursuant to such a decree, in so far as the legal regulation for a particular event is concerned. to this fine. (2) Contrary to the law, it also acts as a deliberate or negligent act of the law.
1.
, contrary to § 2 (1), a federal waterway is used as a ship's guide without permission, or as an owner or an equipment supplier, it causes the unauthorized access to a federal waterway,
2.
Contrary to Article 6 (2), persons entrusted with the supervision of the vessel, the swimming body, the floating facility or the operating or business premises, or the holding of an examination, shall not be allowed to enter the labour force or does not provide assistance, does not provide information or does not submit any documents or documents; or
3.
Contrary to § 9 (3), even in connection with a legal regulation pursuant to paragraph 4, a communication does not make, not correct, not complete or not in good time, or does not lead to proof, not correct or not in time.
(3) In addition, who, as an internal controller, requests or accepts other than the fixed charges as an internal controller. (4) The administrative offence referred to in paragraph 1, second paragraph, no. 2 and 3 and paragraph 3 may be subject to a fine of up to five thousand. Euro, the administrative offence referred to in paragraph 2, point 1, shall be punishable by a fine of up to twenty-five thousand euro. In the event of infringements of the provisions of the shipping and shipping rules adopted in the same manner by the Rhine-States or the Moselle States, 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. Unofficial table of contents

§ 8 Committee of the Länder

In order to reach agreement between the Federal Government and the Länder in the implementation of this Act, in particular the coordination of interests against transport policy measures, the Federal Ministry for Transport, Building and Urban Development shall issue a committee Representatives of the countries. Unofficial table of contents

§ 9 Inland Waterway File

(1) The competent authority to be determined by the Federal Ministry of Transport, Building and Urban Development shall carry out a central inland waterway inventory file relating to watercraft, including floating bodies and floating installations, as well as their owners and their owners, and Ausrüster
1.
on the determination of the stock of the internal fleet and its state,
2.
for the provision of information, in order to:
a)
persons in their capacity as owners or outfiters of watercraft; or
b)
Data of a watercraft
to determine or determine.
(2) The following data may be stored for the purposes referred to in paragraph 1:
1.
Owner data,
a)
for natural persons: surnames, birth names, first names, days and places of birth, addresses, telephone numbers and fax numbers,
b)
in the case of legal persons and authorities: names or names and addresses of the place of business, as well as a designated representative with surname, birth name, first name, day and place of birth, telephone and fax number and
c)
in the case of associations, a designated representative with the information referred to in point (a) and, where appropriate, the name of the association, and, where there is an extermination relationship, the exporter or the appointed representative, with the information referred to in point (a),
2.
Home location, type, name and identification number of the watercraft,
3.
The construction and use characteristics of the necessary entries from the ship's documents, in particular the safety and calibration certificates as well as the ship registers, including the information on ownership.
(3) The owner or, in the event of an extermination relationship, the supplier or the appointed representative, the body responsible in accordance with paragraph 1 shall have the data to be stored in accordance with paragraph 2, and any modification of such data shall also be without a request (4) The Federal Ministry of Transport, Building and Urban Development is authorized to provide information on the nature and extent of the data to be stored in accordance with the provisions of the regulation. (5) The personal data stored in accordance with paragraph 2 may be used, where necessary, for the purpose of:
1.
Administrative management
a)
pursuant to this Act, the Dangerous Goods Regulation of the Inland Waterway of 21 December 1994 (BGBl. 3971), as last amended by the Regulation of 22 December 1998 (BGBl I). 4049) or to the Regulation on the entry into force of the Regulation on the Carriage of Dangerous Goods on the Rhine and the Regulation on the Carriage of Dangerous Goods by the Mosel of 21 December 1994 (BGBl I). 3830), as last amended by the Regulation of 22 December 1998 (BGBl). 1998 II p. 3000), as amended; or
b)
legislation or legislation adopted pursuant to this Act or the Law of the Sea, or
c)
, pursuant to the laws of the State or of these laws, as amended on 31 December 1999, or
d)
on the basis of the Law on the Protection of Transport Services of 23 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 services of the Water and Shipping Administration of the Federal Government or the Water Protection Police of the Länder, to the top services of the water and shipping administrations of the countries, to the Inland Waterways Trade Association, to the See-Berufsgenossenschaft and the Germanischer Lloyd,
2.
Verification of information made in connection with the application for and exhibition of the document referred to in Article 2 (3) of the Revised Rhine Navigation Act, to which the Federal Ministry of Transport, Building and Urban Development is responsible for the determining authority,
3.
Prosecution of criminal offences relating to shipping or otherwise related to watercraft or documents relating to the ship, its cargo or crew, or offences in the field of navigation 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 water protection police of the Länder,
4.
Verification of information relating to the regulations of the Energy Tax Act or the legal regulations adopted pursuant to this Act concerning the purchase of tax-favoured fuels for shipping to the services of the Customs administration of the Confederation,
5.
Implementation of market monitoring in accordance with § 14 of the Act on the carriage of goods by road to the Federal Office of Goods Transport
(6) The personal data stored in accordance with paragraph 2 may be transmitted to the competent authorities of other States, insofar as this is not the case.
1.
for administrative measures in the field of navigation,
2.
for the prosecution of infringements of rules in the field of navigation, or
3.
for the prosecution of criminal offences relating to shipping traffic or other vessels 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. justified suspicion of the prevention or prosecution of criminal offences under the War Weapons Control Act or the Narcotics Act, which are in each case threatened with imprisonment for not less than one year, is required. (7) Die nach Paragraph 2 Personal data stored shall be deleted as far as they are intended for the tasks referred to in Paragraph 1 shall no longer be required, but no later than five years after the vessel has either gone down and has been deemed to be definitively lost or after it has become incapable of improvement. Unofficial table of contents

§ 10 Official Notice

The administrative courts in which an inland waterway register is held shall share facts which:
1.
pursuant to Sections 12 and 17 (1) and (4) of the Register of Ships in the Inland Waterway Register,
2.
in accordance with Article 4 (3) of the Code of Shipping,
of the file leading authority in accordance with § 9 para. 1. Unofficial table of contents

§ 11 Administrative Offers File

(1) Each water and navigation directorate shall carry out a file on the administrative offences in its competence in the shipping sector.
1.
Processing of anti-order procedures,
2.
Job management.
(2) The following data may be stored for the purposes referred to in paragraph 1:
1.
family names, birth names, first names, days and places of birth, addresses of the persons concerned and, where appropriate, the name and address of the legal representative, the name and address of the undertaking and the authorised representative,
2.
the competent 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 indicating the legal provisions and the more detailed description of the offences,
5.
the initiation of the proceedings and the procedural allegations by the fines, the public prosecutor's office and the court, together with the statutory provisions,
6.
the data required for the proper management of the job.
(3) The Federal Ministry of Transport, Building and Urban Development is authorized to act in accordance with the law
1.
the details of the nature and extent of the data to be stored in accordance with paragraph 2 (3) to (6);
2.
Procedures of particular importance pursuant to paragraph 7 and the deletion periods to be followed in this case
(4) The personal data stored in accordance with paragraph 2 may, to the extent necessary, be used for the purpose of:
1.
Administrative management
a)
pursuant to this Act, the Regulation on inland navigation of dangerous goods 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 Carriage of Dangerous Goods on the Mosel, or
b)
Legislation adopted pursuant to this Act or the Law on the Law of the Sea
to the services of the Water and Shipping Administration of the Federal Government and the Water Protection Police of the Länder, as well as to the Federal Office,
2.
Prosecution of criminal offences relating to shipping or otherwise related to vessels or documents relating to the ship, its cargo or crew, or to acts of an offence in the field of Shipping to courts, public prosecutors, water and shipping administration services of the federal government and water protection police of the countries,
3.
Enforcement of fines or orders of decay within the meaning of Section 29 of the Law on Administrative Offences in the courts, public prosecutors and main offices or
4.
Analysis of shipping accidents at the Federal Water and Shipping Administration services of the Federal Government
(5) The personal data stored in accordance with paragraph 2 may be transmitted to the competent authorities of other States, insofar as this is not the case.
1.
in order to comply with Article 1 (5) of the Additional Protocol to the Revised Rhine Navigation Act,
2.
on the prosecution of infringements of rules in the field of navigation,
3.
for administrative measures in the field of navigation, or
4.
for the prosecution of offences relating to shipping or otherwise related to 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. reasonable suspicion of the prevention or prosecution of criminal offences under the War Weapons Control Act, as amended by the Notice of 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 Law on Narcotic Narcotics, which are not threatened with imprisonment for less than one year, or which are required for a 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 provides that:
1.
the data relating to the assertion, protection or enforcement or for the satisfaction or defence of legal claims in connection with the participation in shipping or for the collection of a private action for the purpose of shipping traffic the need for an administrative offence or criminal offence,
2.
it is not possible without knowledge of the data to assert, secure or enforce, or to satisfy or defend the right to the law or to collect the private lawsuit, and
3.
it cannot obtain the data in any other way, or only with a disproportionate effort.
Transmission shall be admissible only if the person concerned does not have an overriding 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 as far as they are intended for the purposes of: Paragraph 1 shall no longer be required, but at the latest after the end of the limitation period, unless a longer period of time is required for procedures of particular importance. Unofficial table of contents

Section 12 List of small vehicles

Each water and shipping office shall carry out a list of vessels of less than 20 metres in length (small vehicles) for which it has been assigned a label, to the
1.
Allocation of licence plates,
2.
Provision of information to:
a)
persons in their capacity as owners of small vehicles, or
b)
Identity characteristics of small vehicles
to determine or determine.
(2) The following data may be stored for the purposes referred to in paragraph 1:
1.
the allocated flag,
2.
Owner data,
a)
in the case of natural persons: surnames, birth names, first names, days and places of birth, addresses,
b)
in the case of legal persons and authorities: names or names and addresses of the place of business, and a designated representative with surname, birth name, first name, day and place of birth; and
c)
in the case of associations: a named representative with the information referred to in point (a) and the name of the association;
3.
Characteristics and identity characteristics of the small vehicle (vehicle data) and, where necessary, additional characteristics in the case of rented small vehicles.
(3) The Federal Ministry of Transport, Building and Urban Development is authorized to determine, by means of legal regulation, the details of 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 be used, where necessary, for the purpose of:
1.
Administration of administrative tasks pursuant to this Act or pursuant to this Act or the Law on the Law of the Sea, to the departments of the Water and Shipping Administration of the Federal Republic of Germany or to others with tasks of the Federal Government. labelling bodies,
2.
Prosecution of criminal offences related to shipping, the execution or enforcement of measures within the meaning of Section 11 (1) No. 8 of the Criminal Code in courts, prosecutors ' offices and the Federal Criminal Police Office as law enforcement agency, or
3.
Prosecution of administrative offences in the field of maritime transport to courts and public prosecutors.
(5) The water and shipping authorities shall transmit the data stored in accordance with paragraph 2 to the list to be taken by the Bureau of the Water Protection Police of North Rhine-Westphalia at regular intervals, but at least every three months, to the (6) The personal data stored in accordance with paragraph 2 may be transferred to the competent authorities of other States, insofar as this is not the case.
1.
on the prosecution of infringements of rules in the field of navigation,
2.
for administrative measures in the field of navigation, or
3.
for the prosecution of criminal offences relating to shipping,
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. justified 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 threatened with imprisonment not under one year, shall be required (7) The personal data stored in accordance with paragraph 2 may also be if the recipient, stating the personal details of the person concerned, credibly provides that:
1.
the data relating to the assertion, protection or enforcement or for the satisfaction or defence of legal claims in connection with the participation in shipping or for the collection of a private action for the purpose of shipping traffic the need for an administrative offence or criminal offence,
2.
it is not possible without knowledge of the data to assert, secure or enforce, or to satisfy or defend the right to the law or to collect the private lawsuit, and
3.
it cannot obtain the data in any other way, or only with a disproportionate effort.
Transmission shall be admissible only if the person concerned does not have an overriding 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 intended for the purposes of: Paragraph 1 shall no longer be required, but no later than two years after the small-scale vehicle has been signed off. Unofficial table of contents

Section 13 Register of certificates of competency

(1) Each water and navigation directorate shall establish a regional register of
1.
the driving licences issued by it or its subordinated authorities, and the relevant certificates in inland waterway transport,
2.
Decisions relating to the stock, type and extent of driving licences and other allowances to be carried on a watercraft.
(2) The competent authority to be determined by the Federal Ministry of Transport, Building and Urban Development shall keep a central register of the driving licences issued by the Water and Shipping Directorates and their subordinated authorities. (3) The Registers shall be established for the purpose of determining which driving licences and which certificates of competence have a person. The regional registers shall also be used to assess the suitability, reliability and empowerment of persons for the driving of vessels. (4) The following data may be stored in the registers for the purposes referred to in paragraph 3. shall be:
1.
Family name, birth name, first name, date and place of birth, address,
2.
issue and registration (including the exchange), stock, type, scope, period of validity, extension, modification and extension of the driving licence, secondary provisions on driving licences,
3.
Certificates of competence and their validity as well as other authorizations to carry a watercraft.
In addition, the regional registers can be used to store:
1.
failure to issue a driving licence;
2.
Final decisions on withdrawal, withdrawal, withdrawal and revocation of the driving licence;
3.
the freezing and safeguarding of certificates of competency,
4.
Prohibitions or restrictions to lead a watercraft.
(5) The subordinated bodies of a water and navigation 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 communicate the data referred to in the first sentence of paragraph 4 to the authority responsible for the Central Register, concerning the driving licences issued by them or their subordinated authorities. (6) In the case of a central production of the The Water and Shipping Directorate shall transmit the necessary data to the manufacturer by the Water and Shipping Directorate. 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 is inadmissible, insofar as it does not serve exclusively and temporarily for the production of the certificate of competency; the information shall then be deleted. (7) The Federal Ministry for transport, construction and urban development is authorized to determine by means of 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, where necessary, be is, for the purposes of
1.
Administrative management
a)
legislation or legislation adopted pursuant to this Act or under this law or the law on the law of the sea; or
b)
, pursuant to the laws of the State of Water, or of laws adopted pursuant to those laws, as amended on 31 December 1999
(including the determination of the suitability, reliability and empowerment of a person) to the services of the Water and Shipping Administration of the Federal Government and of the Water Protection Police of the Länder and to the chief services of the water and water bodies. the shipping administrations of the countries,
2.
Prosecution of crimes related to shipping, to courts, public prosecutors and the Federal Criminal Police Office as a law enforcement agency,
3.
Prosecution of administrative offences in the field of shipping to courts, public prosecutors, water and maritime administration services of the federal government and water protection police in the countries, or
4.
Enforcement of an order relating to the revocation of the driving licence, its withdrawal, withdrawal or revocation 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 intergovernmental bodies, in so far as this is not the case.
1.
for administrative tasks in the field of navigation (including the proper conduct of test procedures or the withdrawal of driving licences);
2.
for the prosecution of infringements of legislation in the field of navigation, or
3.
for the prosecution of criminal offences relating to navigation or otherwise with watercraft, ship's papers, driving licences or certificates of competency,
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 in accordance with 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, or for which A decision on the withdrawal of a driving licence is required. (10) Personal data stored in 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. Unofficial table of contents

Section 14 Register of Schifferdienstbücher

(1) The competent authority to be determined by the German Federal Ministry of Transport, Building and Urban Development shall keep a central register of skipper service books issued by the Water and Shipping Offices for the provision of information (2) The following data may be stored for the purpose referred to in paragraph 1, for the purpose of determining whether the crew of inland waterway vessels has been issued a certificate of a temporary certificate of temporary employment and of the qualifications they have.
1.
Family name, birth name, first name, day and place of birth,
2.
Information on the 'Schifferdienstbuch': ausstellende Wasser-und Schifffahrtsamt, Exhibition date and number of the Schifferdienstbuch, the beginning and end of the freezing order, qualification of the owner.
The water and shipping authorities shall transmit the data referred to in paragraph 2 to the central register kept under paragraph 1 on a monthly basis. (4) The personal data stored in accordance with paragraph 2 may, to the extent that this is necessary for the purpose of carrying out Administrative tasks pursuant to this Act or legislation adopted pursuant to this Act are required to be sent to the Federal Government's Water and Shipping Administration. (5) The provisions of the Personal data 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. Unofficial table of contents

§ 15 General administrative provisions

The Federal Ministry of Transport, Building and Urban Development may, by means of general administrative provisions, provide for the uniform application of the provisions of this Act or of the legal provisions adopted pursuant to this Act by its regulatory authorities or the legal persons to which he or she is responsible. Unofficial table of contents

Section 16 Announcement of legal regulations

By way of derogation from § 2 (1) of the German Federal Gazette (Federal Gazette), legal orders under this Act may be announced.