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

Read the untranslated law here: http://www.gesetze-im-internet.de/binschg/BJNR203170956.html

Law on the duties of the Federal Government in the field of inland waterway transport (inland waterway transport task law - BinSchAufgG) BinSchAufgG Ausfertigung date: 15.02.1956 full quotation: "inland waterway transport task Act of February 15, 1956 (BGBl. 1956 II p. 317), most recently by article 4 paragraph 127 of the Act of August 7, 2013 (BGBl. I p. 3154) is changed" stand: Neugefasst by BEK. v. 5.7.2001 I 2026; as last amended by article 4 para 127 G v. 7.8.2013 3154 for details on the stand number you find in the menu see remarks footnote (+++ text detection from validity: 1.6.1986 +++) § 1 tasks of the Confederation, responsibilities (1) the federal responsibility in the field of inland waterway transport 1. promotion of the Inland fleet and inland waterway transport in the General German interest, 2. threats to the safety and ease of transport, as well as the prevention of shipping outbound threats (maritime police) and harmful environmental impacts within the meaning of the Federal Immission Control Act on the Federal Water Street; the shipping police enforcement tasks according to one with concluded the countries agreement, 3. the ship calibration (ship surveys) on the Federal Water Street, 4th exhibition of certificates and certificates on construction, equipment and equipment including radio equipment, crewing and operation of ships, boats, floats and floating devices on the Federal Water Street, 5th threats to life and health, as well as securing appropriate accommodation of persons on board to the Federal waterway , 6. the granting of permission to ride on the Federal waterway for water vehicles, 7 which require regulation and monitoring in the framework of an economic enterprise marketing of water vehicles and floats, a technical approval to transport, and their parts and equipment.
(2) the authorities of the water and shipping administration of the Federal Government are responsible for the administrative tasks. You can take the necessary measures to avert dangers and adverse environmental impacts, as well as to the Elimination of errors Nos. 2 and 5 discretion within the framework of paragraph 1 on the Federal waterway. In legal regulations according to § 3 para 1 No. 4 for the radio security related tasks as responsible specific authority uses the help of the Federal Network Agency for electricity, gas, telecommunications, post and railways (Bundesnetzagentur).
(3) (lapsed) § 2 permission to ride (1) driving the Federal waterway requires permission, if the vessel 1 not in a ship register in the territorial scope of this Act is entered, or 2. a natural person belongs, is not German within the meaning of the basic law or domiciled not in the scope of this Act, or 3 a legal person or Association of persons is established not in the scope of this Act. The same is true in spite of a seat in the territorial scope of this Act, if persons who have will determine most of the shares, of the capital or voting rights are directly or indirectly, either a) natural persons who are not German within the meaning of the basic law, or b) individuals without residence within the scope of this law, or c) legal persons or associations of persons are not incorporated in the territorial scope of this Act.
The same applies if in place of the owner a supplier complies with the number 2 or 3 regardless, whether for the watercraft registration exists after number 1.
(2) a permit is not required 1 for water vehicles that are used for sport or recreational purposes (sports cars), 2 for water vehicles, requiring the ship register order of any entry in the ship register according to § 10 paragraph 3, 3. as far as this from intergovernmental agreements, in particular out of the revised Convention for the navigation of the Rhine and to the Treaty establishing the European Economic Community or of legislation of intergovernmental institutions, the Federal Government has transferred sovereign rights which, according to article 24 of the basic law , results.
(3) the Ministry will decide permission on written request of the owner or of the supplier for transport, building and urban development. The permit may be limited on individual modes of transport, type of goods, quantities of goods, transport relations or in other ways. She can be particularly refused insofar as reciprocity is not guaranteed or driving affects interests of the Federal Republic of Germany. The Federal Ministry for transport, building and urban development can transferred to the authorities of the water and shipping administration of the Federal Government the authority to grant the permission.
(4) the permit obligation is contractual corporate legal or other designs or apparent facts which are suitable for the purpose of circumventing remain unaffected.

§ Authorized 3 regulations (1) which is the Federal Ministry of transport, building and urban development, in the context of § 1 para 1 is no. 1 to 5 or 7 legal regulations to adopt on 1 the behavior in traffic, including the behavior of the parties after a traffic accident that offered to a) to secure the traffic and helping the injured, b) to clarify and secure civil claims to determine the nature of their involvement and c) to be able to assert liability claims , 2. the requirements for a) construction, furnishings, equipment, operation and freeboard of water vehicles, buoyancy and floating devices, b) the assembled on watercraft, swimming pool floats and other floating devices or to use facilities, components, instruments, equipment and other items of equipment, 2 a.
the placing on the market of water vehicles and floats as well as their components and equipment including the monitoring and the procedure, 3. the requirements for the marking of ships, boats, floats and floating plants, 4. requirements for the radio equipment including their approval and the radio operation on Board of vessels, floats, floating devices and on land, 5. the requirements of the occupation of water vehicles and floats to number and qualification of crew members , 6 the requirements for the qualifications and suitability of the crew members, 6a.
the conditions and the procedure, according to which certificates and other permits can be granted, withdrawn or arranged the rest, bans issued and ensure documents about certificates and other permits for the time being or indented;
7. the requirements for the qualifications and suitability of the Inland pilots, as well as the performance of their duties, 8 the requirements for the activities of the crew members on Board also considering vocational training and occupational safety and health.
(2) regulations may be adopted also no. 1, 2 and 2a pursuant to paragraph 1 1 to ward off threats to the water, 2. to prevent the shipping of harmful environmental effects within the meaning of the Federal Immission Control Act; This emission limit values can be set, taking into account the technical development for a time after entry into force of the regulation.
(3) due to the requirements pursuant to paragraph 1 No. 2 can be pointed out accessible to everyone notices of expert bodies; This is 1 in the Ordinance to specify the date of the notice to refer to the source, the announcement at the German Patent Office Archives terms secured to lay down 2. and pointed out in the Ordinance.
(4) the Federal Ministry of transport, building and urban development is authorized to regulate the technical procedure of ship calibration (ship surveys), issuing the required certificates and the involvement of the owner of the ships, boats, floats and floating devices by means of an Ordinance.
(5) regulations to establish together no. 1, 2 and 2a nature conservation and reactor safety referred to in paragraph 1 of the Federal Ministry of transport, building and urban development and the Federal Ministry for the environment, insofar as they contain provisions for the prevention of shipping outbound harmful environmental impacts within the meaning of the Federal Immission Control Act. Regulations referred to in paragraph 1 No. 1, 2, 2a, 5 and 8 are subject to the agreement with the Federal Ministry of labour and Social Affairs. Regulations require pursuant to paragraph 1 No. 2, as far as them beyond occupational safety and health (section 1 para 1 No. 5) touch, also of the relation with the Federal Ministry of health.
(6) in the regulations after paragraphs 1 and 4 can also 1 be regulated, a) how compliance with the requirements and conditions to prove is, b) granted on the basis of any investigation or examination results and such a permit and a certificate thereof issued, c) how and under what conditions because aa) lack of competence, suitability, or reliability of the holder, bb) technical faults of a water vehicle that can be a license revoked a plant, an instrument, a device or other equipment items and ensure a certificate thereof for the time being or indented, 2.
the power to the transmission of personal data by the departments of water and shipping administration of the Federation or of the water police of the countries or other tasks pursuant to section 1 para 1 No. 1 to 7 entrusted bodies be given, insofar as this is necessary a) to carry out the tasks pursuant to section 1 para 1 No. 1 through 7, b) for the proper execution of tests and examinations , c) for decisions relating to the withdrawal or the order about the suspension of a permit, d) for the enforcement of the removal or the arrangement about the suspension of a permit.
(7) the appropriations not cover No. 2 to 8 after paragraph 1 a) water vehicles, floats, and floating equipment of the Bundeswehr, b) requiring monitoring systems within the meaning of article 2 paragraph 30 of the equipment and product safety act; the empowerment stretches on the kinds of pressure vessels and gas tank, for which a regulation for such facilities is not adopted.

§ 3a lending by legal persons the Federal Ministry for transport, building and urban development is authorized to hire legal persons of under private law by a regulation the investigation of sports vehicles, their technical approval to transport, the allocation of identification and proof of identity, their registration, as well as with the acceptance of testing and issuing of certificates for the management of sports vehicles. Legal persons must consent and provide sufficient guarantee according to statute and behaviour the tasks. As part of the contract are subject to legal persons of the legal and technical supervision of the Federal Ministry for transport, building and urban development.

§ authorized 3B of internal pilot (1) which is the Federal Ministry of transport, building and urban development, to set the charges for the services of domestic pilots in an appropriate level by Decree in consultation with the countries concerned and after consultation with the associations involved in inland waterway transport, as well as by representatives of the participating pilots.
(2) if and as long as a fixing of pilotage charges in force pursuant to paragraph 1, others may as the fixed charges neither be promised, required nor accepted.

§ 3c with the aim of best transport service has to persuade the Federal Government that are adapted to the conditions of competition in the transport and that wasteful allocation of tasks is possible through a fair competition in the transport.

§ 3d can the Federal Ministry for transport, building and urban development to the implementation of the Directive 87/540/EEC of 9 November 1987 on access to the occupation of operator in national and international inland waterway transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation (OJ EC 1987 No. L 322 p. 20) by Decree without the consent of the Federal Council adopted the necessary legislation. Here, it can also determine, beyond the scope of a country state tasks of inland waterway transport by the waterways and shipping directorates are perceived.

§ 3e transfer authorization (1) the appropriations according to § 3 ABS. 1, also in conjunction with para. 2 and 6, and paragraph 4, in connection with paragraph 6, and article 3 b of paragraph 1 may be transferred by law regulation on the waterways and shipping directorates. Article 3, par. 3 and 7 shall apply accordingly for regulations of the waterways and shipping directorates. To adopt the Ordinance pursuant to sentence 1 are 1 in the case of § 3 para 1 authorized Nos. 1 and 2 in connection with paragraph 5 sentence 1 the Federal Ministry for transport, building and urban development and the Federal Ministry for environment, nature conservation and nuclear safety, 2. in other cases the Federal Ministry for transport, building and urban development, that the relation with other federal ministries need to the extent , as if it were necessary for making use of the authorisation to be transferred.
The powers can be transferred to the District of several waterways and shipping Directorates a waterways and shipping Directorate.
(2) participation obligations go with in the form of behavior or the hearing, intended in a transferable authority, whose transfer to the waterways and shipping directorates, as far as transferring legal regulation states otherwise.

§ 4 fees and charges (1) individually attributable public services according to §§ 1 and 2 and on the basis of § 3 paragraph 1 to 4, the legal regulations adopted pursuant to sections 3a and 3d raised fees and expenses. The obligation to the reimbursement of expenses includes the costs for the central production of certificates and the VAT attributable to the fees and expenses in addition to the expenses to be collected according to article 10, paragraph 1, of the administrative costs act as amended by force until August 14, 2013.
(2) the Federal Ministry of transport, building and urban development is authorized to determine the charges for each individually attributable public services within the meaning of paragraph 1 in agreement with the Federal Ministry of Finance Ordinance and to provide for this fixed rates, or frame rates. The tariffs are to be such that which is covered with individually attributable public benefits related staff and non-staff expenses; the importance, economic value or other benefits for the debtors of the charges can be considered advantageous individually attributable public services also adequately.

§ 5 port of Hamburg on the Federal Elbe waterway parts in the area of the port of Hamburg is the Federal Government within the framework of section 1 para 1 No. 2, 4 and 5 not for measures responsible, behavior in traffic concerning. Its activities extend in addition to ships, boats, floats and floating facilities intended exclusively for use in the port of Hamburg, on the leadership and cast such vehicles as well as harbour pilots.

§ 6 of monitoring authority (1) to carry out the tasks pursuant to section 1 para 1 the persons responsible for this water vehicles, floats, and floating facilities and their operating and business premises as well as the can for the production of vessels and floats, as well as of systems, equipment, components, enter instruments and equipment for ship operation of serving operational and business premises and carry out audits. Outside the operating and business hours, and in terms of spaces that serve residential purposes at the same time, these powers only to the prevention of urgent threats to public safety and order may be exercised; in this respect, the fundamental right of inviolability of the home (article 13 of the Basic Law) is restricted.
(1a) which may number 2 entrusted persons performing the task referred to in § 1 stop vessels traffic control including the roadworthiness inspection and enter their operational and business premises *. Paragraph shall apply accordingly 1 sentence 2.
(2) the owner and the leader of water vehicle, float or a floating plant and otherwise for security managers as well as the manufacturers of water vehicles and floats as well as the systems, equipment, components, instruments and devices for the operation of the ship are obliged to allow the persons entrusted with the monitoring, to provide the workforce required for the validation and tools as well as to provide the information and to submit the documents the measures pursuant to paragraph 1 or paragraph 1a , are required to carry out the above tasks.
(3) the debtor information the information on such questions, may refuse the answer himself or an expose of the Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings would in section 383, paragraph 1 according to the law of administrative offences.

The waterways and shipping directorates section 6a of the monitoring authority in the framework of inland waterway transport agreement (1) monitor compliance with the minimum laid down by a regulation due to the introduction of laws on bilateral inland navigation agreements / maximum loads and constraints for the Bills of Exchange. The Federal Ministry for transport, building and urban development can assign by law regulation of waterways and shipping Directorate for the District of several waterways and shipping directorates the waterways and shipping directorates duties.
(2) in order to carry out its task referred to in paragraph 1, the waterways and shipping directorates or their authorized representative can make the necessary investigation 1, inspect also the books and stationery of all at the conclusion of a contract regarding a service and its implementation involved;
2. the parties referred to in paragraph 1 and the persons working in their business operations require information about all facts which are to carry out the monitoring of importance; the information is truthful to the best of our knowledge and belief to grant; the for issuing a report committed the information on such questions, may refuse the answers himself or an expose of the Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings; in section 383, paragraph 1 according to the law of administrative offences
3.
Enter land and facilities of the parties referred to in paragraph 1, to carry out investigations on the spot within the normal business working hours; the persons referred to in paragraph 2 must furnish any information and proof they need; the fundamental right of inviolability of the home (article 13 para 1 of the Basic Law) is restricted in that regard;
4. outside the premises of the parties, in particular on the Federal waterway, ports, loading and unloading places charge and accompanying documents check.
(3) in paragraph 2 No. 1 above and persons working in the Division have the necessary tools to the waterways and shipping directorates or their representative in the implementation of the monitoring measures and to provide the necessary support services.
(4) the Federal Ministry of transport, building and urban development may adopt the necessary general regulations to carry out the task of surveillance pursuant to paragraph 1 transferred the waterways and shipping directorates.

§ 6B management forced the waterways and shipping directorates to enforce the implementation of the provisions for the enforcement of management measures generally applicable management measures within the framework of their monitoring tasks according to section 6a of the according to the.

§ 7 rude is fine rules (1), who intentionally or negligently contravenes a regulation according to the articles 3 and 3d or an enforceable order, as far as the legal regulation for a specific offence refers to this fine regulation, adopted on the basis of such legal regulation.
(2) any person is also, who intentionally or negligently a federal waterway without permission enters 1 contrary to § 2 para 1 as skipper or as owner or supplier unauthorized driving a federal waterway 2. violates article 6 par. 2 causes the persons entrusted with the monitoring the entering of the vessel, of the float, which does not allow floating plant or the operation or business premises or the carrying out of an examination , Does not provide labor or AIDS, information not provided or not submit documents or 3. contrary to § 9 para 3, also in conjunction with a regulation pursuant to paragraph 4, not, not properly, not fully or not in time makes a message or not, not properly or in a timely manner results in a detection.
(3) any person is also, who calls other than the fixed fees 3 b, paragraph 2 as an inland traffic controller violates article or accepting.
(4) that no. 2 and 3 and paragraph 3 can offence referred to in paragraph 1, paragraph 2 a fine up to five thousand euros, the offences referred to in paragraph 2 No. 1 with a fine up to twenty-five thousand euros are punished. In case of infringements against the shipping police regulations issued by the Rhine River States or the Moselle shore States in the same name and the executable orders issued on the basis of such provisions, 32 of the revised Convention for the navigation of the Rhine the fine of under article applies the height.
(5) administrative authority within the meaning of § 36 para 1, no. 1 of the code of administrative offences is the waterways and shipping Directorate.
(6) only the water and shipping Directorate, in whose district the crime is committed is local jurisdiction. The Federal Ministry for transport, building and urban development can transferred responsibility of waterways and shipping Directorate pursuant to sentence 1 by a regulation for the area of several waterways and shipping directorates, insofar as this is appropriate for a relevant promotion or faster completion of the procedures. The Act on a body of water between two German banks is committed, belonging to the District of various administrative authorities, administrative authorities of both banks are responsible.

§ 8 regional Committee to the understanding of the Federal Government with the countries in the implementation of this law, in particular the vote the interests ahead of transport policy measures, a Committee composed of representatives of the countries made at the Federal Ministry for transport, building and urban development.

§ 9 inland stock file (1) which leads from the Ministry authority to determine transport, building and urban development a central inland stock file of watercraft including floats and floating plants, as well as about their owner and supplier 1 to determine the structure of the Inland fleet and their condition, 2 for the provision of information, to a) persons in their capacity as owner or supplier of vessels or b) to determine or to determine data of a water vehicle.
(2) for the purposes referred to in paragraph 1, the following data can be stored: 1 ownership data, a) for natural persons: family name, maiden name, given name, days and places of birth, addresses, telephone and fax numbers, b) for legal persons and authorities: name or names and addresses of the registered office, as well as a named representative with family name, maiden name, forenames, day and place of birth, telephone and fax number, and c) of associations : a named representative with the information according to letter a and, where appropriate, the name of the Association, and, if there is a supplier relationship of the supplier or of the appointed representative with the information according to letter a, 2. hometown, type, name and identification number of the vessel, 3. construction and use characteristics with the necessary entries from the taken, in particular the Fahrtauglichkeits - and calibration certificates, as well as from the shipping registers including the details of ownership.
(3) the owner or, if there is a supplier relationship which has suppliers or the appointed representative immediately, completely and truthfully to communicate the data referred to in paragraph 2 and any changes in this data without prompt the authority referred to in paragraph 1 and to prove on request.
(4) the Federal Ministry of transport, building and urban development is authorized to determine details about the nature and scope of the data referred to in paragraph 2 by means of an Ordinance.
(5) the personal data referred to in paragraph 2 may, insofar as this is necessary for the purpose of performing administrative tasks a 1) according to this law, the regulations on hazardous goods inland navigation of 21 December 1994 (BGBl. I S. 3971), last amended by the regulation of 22 December 1998 (BGBl. I S. 4049) or the regulation on the entry into force of the regulation on the transport of dangerous goods on the Rhine and the regulation concerning the carriage of dangerous goods on the Moselle from December 21, 1994 (BGBl. 1994) II S. 3830), last amended by the regulation of 22 December 1998 (BGBl. 1998 II S. 3000) in their then current version or b) on the basis of this Act or of the sea task law of adopted legislation or c) on the basis of the State water laws, or on the basis of these laws of adopted regulations in force on December 31, 1999 or d) according to the Act for the assurance of services of 23 July 2004 (BGBl. I S. 1865) , last amended by article 304 of regulation by October 31, 2006 (Federal Law Gazette I p. 2407), the departments of water and shipping administration of the Federation or of the water police of the countries, at the highest points of service water and maritime administrations, on the barge - Berufsgenossenschaft, on the See - Berufsgenossenschaft and Germanischer Lloyd, 2. review of claims, paragraph 3 of the revised Convention for the navigation of the Rhine document referred to are given in connection with the application and exhibition in article 2 , at the location to be determined by the Federal Ministry of transport, building and urban development, 3. prosecution of crimes which are in connection with the shipping or otherwise relating to vessels or documents relating to the ship, its cargo and crew, or administrative offences in the area of shipping on courts, prosecutors, the Federal Criminal Police Office as a law enforcement agency, the departments of water and shipping administration of the Federal Government and the water police of the countries , 4. review implementation of market observation are submitted by information relating to the provisions of the energy tax Act, or the regulations adopted under this Act on the purchase of tax-advantaged fuels for shipping at offices of the customs administration of the Confederation, 5. According to § 14 of the goods transport law at the Federal Office for goods transport.
(6) the personal data referred to in paragraph 2 may transmitted this 1 for administrative measures in the field of shipping are to the competent authorities of other States, as far as, 2nd to the prosecution of contraventions of legislation in the area of shipping or 3. tracking of crime, in connection with the shipping traffic or otherwise with water vehicles or documents that the ship , its cargo or crew concern, are available.
is required. The receiver is to point out that the data may be processed only for the purpose and used, to which they have been submitted. The transmission of personal data is allowed, even if the recipient a reasonable standard of data protection is not ensured, insofar as it is necessary to ward off substantial dangers for the safety of the ship or when reasonable suspicion for the prevention or prosecution of criminal offences after the war weapons control act or the controlled substances Act, which are threatened with imprisonment not less than one year.
(7) the personal data referred to in paragraph 2 are to delete, 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 either gone under and lost a final to look at or after it has become incapable of repair.

§ 10 official communication from the courts, involving a domestic ship register is kept, facts, 1 after the sections 12 and 17 reported on paragraphs 1 and 4 of the ship register procedure to the domestic ship register, share 2. According to § 4 para 3 of the ship register order are specified, the agent leading file in § 9 para 1 with.

§ 11 misdemeanor file (1) any waterways and shipping Directorate executes a file about the offences in their jurisdiction in the shipping industry to the 1st Edition of administrative offence proceedings, 2. task management.
(2) for the purposes referred to in paragraph 1, the following data can be stored: 1 family name, birth name, given name, days and places of birth, addresses of the persons concerned and, where appropriate, name and address of the legal representative, name and address of the company, as well as the delivery agent, 2. the authority of the fine and the file number, 3. the alleged and crime scenes, as well as identity characteristics of participating vessels, 4. the charges by specifying the legal requirements and the further designation of offences , 5. the initiation of the proceeding, as well as the out of process by the penalty spot, the Prosecutor and the court stating the law, 6 the data necessary for the proper management of the process.
(3) the Federal Ministry of transport, building and urban development is authorized to determine details about the nature and scope of the data referred to in paragraph 2 No. 3-6, 2. procedure of special importance after it held a paragraph 7 and the deletion by regulation 1.
(4) the personal data referred to in paragraph 2 may, insofar as this is necessary for the purpose of performing administrative tasks a 1) according to this law, the regulations on hazardous goods inland or the regulation on the entry into force of the regulation concerning the carriage of dangerous goods on the Rhine and the regulation concerning the carriage of dangerous goods on the Moselle or b) on the basis of this Act or of the sea task law of adopted legislation on services of the water and shipping administration of the Federal Government and the water police of the countries, as well as to the Federal Treasury, 2. prosecution of criminal offences, which are, in connection with the shipping or otherwise relating to vessels or documents relating to the ship, its cargo and crew, or of offences in the field of shipping to courts, public prosecutor's offices, departments of the water and shipping administration of the Federal and water police of the countries, 3. enforcement of penalty notices or orders of revocation within the meaning of section 29 of the code of administrative offences at courts , Public prosecutor's offices and main customs offices or 4 evaluation of ship accidents on delivered services of the water and shipping administration of the Federal Government.
(5) the personal data referred to in paragraph 2 may be communicated to the competent authorities of other States, as far as this 1 to comply with article 1 paragraph 5 of the additional protocol to the revised Rhine navigation, 2. to prosecute infringements of provisions on the area of shipping, 3 for administrative measures in the field of shipping or 4 to the prosecution of criminal offences, the in connection with shipping or otherwise in connection with water vehicles or documents , which relate to the ship, its cargo and crew, stand, is required. The receiver is to point out that the data may be processed only for the purpose and used, to which they have been submitted. The transmission of personal data is also then, if an appropriate standard of data protection is not ensured at the receiver, permitted, as far as them to ward off substantial dangers for the safety of the ship or when reasonable suspicion for the prevention or prosecution of offences referred to in the war weapons control act as amended by the notice of November 22, 1980 (BGBl. I S. 2506), last amended by article 10 of the law of 28 October 1994 (BGBl. I S. 3186) , amended, or the controlled substances Act, which are threatened with imprisonment not less than one year, or the decision on the withdrawal of a permit is required under this Act.
(6) the personal data referred to in paragraph 2 may also be transferred if the recipient stating the particulars of the person concerned in writing credible argues that he to the assertion, assurance or enforcement or satisfaction or defense of legal claims in connection with participating in the ship traffic or to the collection of a private prosecution for offences committed in the ship traffic or crime data required 1 , without knowledge of the data the assertion, backup enforcement or satisfaction or the defence of the legal claim charging the private prosecution is not possible or 2 him and he may obtain the information otherwise not or only at disproportionate time and effort 3..
The transmission is allowed only if the person concerned has no overriding legitimate interest in the exclusion of the delivery. The receiver is to point out that the data may be processed only for the purpose and used, to which they have been submitted.
(7) the personal data referred to in paragraph 2 are to delete, as far as they are no longer required for the tasks referred to in paragraph 1, but no later than after the end of the limitation of enforcement, unless a longer period is required in procedures of particular importance.

§ 12 directory using small vehicles (1) every water and shipping authority keeps a register of vessels with a length of less than 20 m (small vehicles), for him a mark was assigned to 1 allocation of plates, 2. provision of information to a) persons in their capacity as owners of small vehicles or b) to determine or to determine identity characteristics of small vehicles.
(2) for the purposes referred to in paragraph 1, the following data can be stored: 1 the allocated flag, 2nd owner data, a) for natural persons: surname, maiden name, given name, days and places of birth, addresses, b) for legal persons and authorities: name or names and addresses of the registered office, as well as a named representative with family name, maiden name, forenames, day and place of birth and c) of associations : a named representative with the information after a letter and name of the Association, 3. texture and identity features of the small vehicle (vehicle data) and rented small vehicles, where appropriate, additional features.
(3) the Federal Ministry of transport, building and urban development is authorized to determine details about the nature and scope of the data referred to in paragraph 2 by means of an Ordinance.
(4) the personal data referred to in paragraph 2 may, insofar as this is necessary for the purpose of performing administrative tasks pursuant to this Act or on the basis of this Act or of the sea task law of adopted legislation services of the water and shipping administration of the Federal Government or other bodies entrusted with tasks of identification, 1 2 prosecution of criminal offences, which are related to the shipping that the enforcement or the execution of measures within the meaning of § 11 para 1 No. 8 of the Penal Code on courts, public prosecutor's Office and the Federal Criminal Police Office as a law enforcement agency, or 3. tracking provided by offences in the field of shipping to courts and public prosecutor's offices.
(5) the water and shipping offices provide at regular intervals, but at least every three months, to leading the information referred to in paragraph 2 that at the Presidium of the North Rhine-Westphalia police directory for the implementation of shipping - or hafenpolizeilicher implementation tasks.
(6) the personal data referred to in paragraph 2 may be communicated to the competent authorities of other States, as far as this 1 for the prosecution of contraventions of legislation in the area of shipping, 2 for administrative measures in the field of shipping or 3 to the prosecution of criminal offences, in connection with the ship traffic.
is required. The receiver is to point out that the data may be processed only for the purpose and used, to which they have been submitted. The transmission of personal data is allowed, even if the recipient a reasonable standard of data protection is not ensured, insofar as they are to ward off substantial dangers for the safety of the ship or when reasonable suspicion for the prevention or prosecution of criminal offences under the Penal Code or the war weapons control act or the Narcotic Drugs Act, that each punishable by not less than one year , is required.
(7) the personal data referred to in paragraph 2 may also be transferred if the recipient stating the particulars of the person concerned in writing credible argues that he to the assertion, assurance or enforcement or satisfaction or defense of legal claims in connection with participating in the ship traffic or to the collection of a private prosecution for offences committed in the ship traffic or crime data required 1 , without knowledge of the data the assertion, backup enforcement or satisfaction or the defence of the legal claim charging the private prosecution is not possible or 2 him and he may obtain the information otherwise not or only at disproportionate time and effort 3..
The transmission is allowed only if the person concerned has no overriding legitimate interest in the exclusion of the delivery. The receiver is to point out that the data may be processed only for the purpose and used, to which they have been submitted.
(8) the personal data referred to in paragraph 2 are to delete, 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 is been deregistered.

Article 13 register of certificates (1) any waterways and shipping Directorate maintains a regional register about 1 by you, or your subordinate authorities granted licences as well as the corresponding certificates for inland navigation, 2. affect decisions, the existence, nature and extent of licences and other permissions, to operate a water vehicle,.
(2) the competent authority to be determined by the Federal Ministry of transport, building and urban development maintains a central register about the licences granted by the waterways and shipping directorates and their subordinate authorities.
(3) the register run to determining what licences and certificates of which a person has. The regional register are also resulted in assessing suitability, reliability and qualification of persons to drive water vehicles.
(4) for the purposes referred to in paragraph 3, the following data can be stored in the registers: 1 surname, birth name, given name, day and place of birth, address, 2. issuance and registration (including Exchange), stock, way to make incidental provisions to the licence, 3. certificates and their validity, as well as other permissions, a water vehicle volume, validity period, extension, amendment and extension of the licence.
In the regional registers can also be stored: 1. refusal of the granting of the licence, 2. infringement decisions about withdrawal, cancellation, withdrawal and instructions pertaining to the suspension of the licence, 3. ensuring and safekeeping of certificates, 4. Prohibitions or restrictions, to operate a water vehicle.
(5) the downstream bodies of water and shipping Directorate inform you immediately the data pursuant to paragraph 4 of licences granted by them. The waterways and shipping directorates the data pursuant to paragraph 4 forthwith set 1 on licences issued by them or their subordinate authorities the authority leading the central register.
(6) in the case of a central production of certificates, the waterways and shipping Directorate the manufacturer transfers the necessary data. The manufacturer must store all serial numbers of certificates of manufactured exclusively for the detection of the fate of the certificates. Store the remaining information contained in the certificate is invalid insofar as it serves the production of the certificate temporarily and not exclusively; the details are then to delete.
(7) the Federal Ministry of transport, building and urban development is authorized by regulation to determine details about the nature and scope of the data to be stored pursuant to paragraph 4.
(8) the personal data stored pursuant to paragraph 4 shall, insofar as this is necessary for the purpose of performing administrative tasks a 1) under this Act or on the basis of this Act or of the sea task law of adopted legislation or b) on the basis of the State water laws, or on the basis of these laws of adopted regulations in force on December 31, 1999 (including the determination of suitability, reliability and competence a person) on services of the water and shipping administration of the Federal Government and the water police of the countries and the top departments of water and maritime administrations, 2. prosecution of criminal offences, which are available to courts, public prosecutor's Office and the Federal Criminal Police Office as a law enforcement agency, 3. prosecution of offences in the field of shipping to courts, relating to the shipping public prosecutor's offices, departments of water and shipping administration of the Federal Government and the water police of the countries or 4. execution of a warrant over the rest of the licence , delivered their withdrawal, withdrawal or revocation service places the water and shipping administration of the Federal Government and the water police of the countries.
(9) the personal data stored pursuant to paragraph 4 may be transmitted to the competent authorities of other States or parent or intergovernmental bodies, as far as this 1 for administrative tasks in the field of shipping (including the proper conduct of examination proceedings or revocation of licences), 2nd to the prosecution of contraventions of legislation in the field of shipping or 3 to the prosecution of criminal offences. , that licences or certificates in connection with shipping or otherwise taken, water vehicles, is required. The receiver is to point out that the data may be processed only for the purpose and used, to which they have been submitted. The transmission of personal data is allowed, even if the recipient a reasonable standard of data protection is not ensured, insofar as they are to ward off substantial dangers for the safety of the ship or when reasonable suspicion for the prevention or prosecution of criminal offences under the Penal Code or the war weapons control act or the Narcotic Drugs Act, that each punishable by not less than one year , or is necessary for the decision on the revocation of a licence.
(10) the personal data stored pursuant to paragraph 4 are to delete, as far as they are no longer required for the tasks pursuant to paragraph 3, at the latest, if the underlying licence no longer exists.

§ 14 a central register of the water and shipping Office limited which register about SAH service books (1) which leads from the Ministry authority to determine transport, building and urban development issued Schiffer service books to the provision of information for the examination, whether inland a boatman service book limited was issued by crew members and what qualifications they have.
(2) for the purpose referred to in paragraph 1, the following data can be stored: 1 surname, maiden name, given name, day and place of birth, 2. information about the boatman service book: issuing water and shipping authority, date of issue and number of the boatman service book, beginning and end of the fixed term, qualifications of the holder.
(3) the water and shipping offices transmit the data referred to in paragraph 2 on the central register referred to in paragraph 1 each month.
(4) the personal data referred to in paragraph 2 may, be transmitted as far as this is necessary for the purpose of conducting administrative tasks pursuant to this Act or on the basis of this Act of adopted legislation, on departments of the water and shipping administration of the Federal Government.
(5) the personal data referred to in paragraph 2 are to delete, as far as they are no longer required for the tasks referred to in paragraph 1, but no later than two years after the last time limit has expired.

Article 15 General regulations the Federal Ministry for transport, building and urban development can regulate by General administrative provisions details to the uniform application of the provisions of this Act or of the regulations adopted on the basis of this Act by its subordinate authorities or legal persons Nr.1B,c from him.

§ 16 promulgation of regulations regulations can be announced by way of derogation according to this law of article 2 paragraph 1 of the adorn - and notice Act in the Federal Gazette.