Inland Waterway Goods Professional Access Regulation (Article 1 Of The Regulation On Access To The Occupation Of Operator In National And International Inland Waterway Transport)

Original Language Title: Binnenschiffsgüter-Berufszugangsverordnung (Artikel 1 der Verordnung über den Zugang zum Beruf des Unternehmers im innerstaatlichen und grenzüberschreitenden Binnenschiffsgüterverkehr)

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Inland Waterway Goods Access Regulation (Article 1 of the Regulation on access to the occupation of entrepre in national and international inland waterway transport) (BinSchZV)

Non-official access to the Community Table of Contents

BinSchZV

Date of delivery: 30.09.1992

Full:

" Inland Waterway Goods Access Regulation (Article 1 of the Regulation on access to the occupation of entrepre in national and international Inland waterway transport) of 30. September 1992 (BGBl. 1760), as defined by Article 1 of the Regulation of 30 June 2008. October 1997 (BGBl. I p. 2622) "

:Modified by Art. 1 V v. 30.10.1997 I 2622

For details, see the Notes

Footnote

(+ + + text evidence from: 1.1.1994 + + +)
menu
(+ + + Amcial). Note from the norm provider to EC law:
Reaction of the
EWGRL 540/87 (CELEX Nr: 387L0540) + + +)

The V has been set to reason d. § 35d Inland waterway transport G idF d. Bek. v. 8.1.1969 I 65, d. by G v. 5.12.1990 I 2579 has been inserted and on the basis of d. § 4 Inland Waterway Task, idF d. Bek. v. 4.8.1986 I 1270 adopted by the Federal Minister for Transport in agreement with the Federal Minister of Finance. It occurs gem. Art. 3 BinSchZVEV v. 30.9.1992 I 1760 in force on 1 January 1994.
The V is the Council Directive 87 /540/EEC of 9 June 2000. 1 November 1987 on access to the profession of entrepellent in national and international inland waterway transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in respect of this profession (OJ L 327, 28.12.1987, p. EC. No. OJ L 322, p. 20). Non-official table of contents

§ 1

(1) Occupation of the operator in the inland waterway transport of goods within the meaning of this Regulation is the activity of natural Persons or undertakings carrying goods, whether occasional or occasional, with inland waterway vessels.(2) Companies within the meaning of this Regulation shall be any company, including without legal personality, as well as any other association of persons, including a single shipper association and association, which procures cargo at the shippers. Non-official table of contents

§ 2

(1) Natural persons or companies within the meaning of § 1, which shall be the occupation of the entrepre Inland waterway transport by vessels whose cargo capacity exceeds 200 metric tonnes at the maximum permissible draught shall be authorised to carry out the activity of a permit. The authorisation shall also apply to the carriage of goods carried out on behalf of another trader for a limited period of time.(2) The granting of permission shall be granted by the Water and Shipping Directorate (approval authority), in whose district the entrepre has its principal residence or the company its registered office or business establishment. Where, in the case of the first sentence, a number of authorities are competent, the competent authority shall decide which shall first be referred to the case. In cases where a company has several business branches, the Water and Shipping Directorate is responsible for the business of which the company has its head office.(3) The authorisation shall be granted to the entreptier without limitation. It is not transferable.(4) The permission is granted by handing out a certificate of permission. The certificate shall also indicate whether the permit is included in the carriage for the international carriage of goods.(5) Change the name of the company or the registered office of the company or change the persons appointed for the management of the business is to submit the certificate of approval of the approval authority for the correction. Untampered table of contents

§ 3

A permit is not required
1.
for the carriage of your own goods for own purposes of the entreprender with your own ships (Works traffic). Where a ship owner operates, in addition to the work of the vessel, for commercial purposes, the entire shipping operation shall be considered as commercial shipping;
2.
for Operators carrying out exclusively transport on waterways within the scope of the Basic Law, which shall not be connected to the inland waterway network of another Member State of the European Communities or of any other Member State of the European Communities. Other Contracting States of the Agreement on the European Economic Area.
Non-Official Table of Contents

§ 4

(1) The permission to national or international inland waterway transport is to be granted where the operator or the person responsible for the management of the establishment is subject to professional competence.(2) It is appropriate to know who has the knowledge required to manage an undertaking of national or international inland waterway transport in the fields referred to in the Annex to this Regulation. Non-official table of contents

§ 5

(1) The proof of professional competence can be determined by the filing of an examination or by the proof of at least one of the following: Three-year-old non-child activity in commercial inland waterway enterprises.(2) The activity must have provided the knowledge necessary for the management of a national or international inland waterway transport undertaking in the fields of activity evident from the Annex. This knowledge must be demonstrated to the permission authority by means of written testimonies of the companies in which the activity was carried out. The proof of knowledge gained through practical experience cannot be provided by the testimony of an entrepre who does not require a certificate of permission in accordance with § 3, no. 2. This shall not apply to the extent to which the trader has carried out the carriage of goods on waterways which, only after the entry into force of this Regulation, is connected to the other inland waterways of another Member State of the European Communities or to any other Contracting State of the Agreement on the European Economic Area.(3) If an entreponent himself has been an entreponent, proof shall be provided in other appropriate form.(4) Insofar as the professional competence is asserted by an appropriate and non-subordinated subactivity, the authorizing authority shall examine the evidence submitted. If the approval authority has the competence to do so, it shall issue a certificate of approval on request in accordance with § 2 para. 4. unofficial table of contents

§ 6

(1) For people who are
1.
studying at a college or a course at a specialized school successfully completed by examination, or
2.
a final examination in a recognized training occupation or an examination of knowledge gained through vocational training or vocational retraining before the industry and The Chamber of Commerce as the competent body under the Vocational Training Act of 14. August 1969 (BGBl. 1112), as last amended by Article 7 of the Law of 27. July 1992 (BGBl. 1398),
shall be granted professional competence for the management of a company of inland waterway transport by the authorizing authority, if it is shown in an appropriate form that the necessary knowledge of the undertaking in the inland waterway transport sector has been established. The subject areas mentioned were the subject of the examination.(2) On request, these persons shall be issued a certificate of approval. Non-official table of contents

§ 7

A certificate from another Member State shall be deemed sufficient proof of professional competence. European Communities or any other Contracting State of the Agreement on the European Economic Area, which shall be certified as a certificate within the meaning of Article 3 (2). 2 of Council Directive 87 /540/EEC of 9. 1 November 1987 on access to the profession of entrepellent in national and international inland waterway transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in respect of this profession (OJ L 327, 28.12.1987, p. EC No OJ L 322, p. 20). The certificates issued in Austria shall be the first sentence of 1. The certificates issued in Switzerland shall be 1 July 1994 and the certificates issued in Switzerland shall be 1. 1 January 1995. Non-official table of contents

§ 8

(1) The examination in accordance with § 5 paragraph 1 is taken from a Chamber of Commerce and Industry, which is a Audit Committee. set up. A joint examination committee may be formed for several chamber districts.(2) The Audit Committee shall consist of a Chairperson and two co-chairs for which at least one representative shall be appointed. At least one co-sitter shall be active in a company of inland waterway transport.(3) Local authority is the Chamber of Commerce and Industry, in whose district the examination participant is domice-resident. The examination subject shall be referred to the examination committee set up by another Chamber of Industry and Commerce. Non-official table of contents

§ 9

(1) The subject matter of the test is the subject matter referred to in sections A and B of the facility. On request, the examination shall be limited to the subject areas of Section A of the Annex. If the test participant has been certified by a certificate of approval in accordance with Article 2 (4) that he already has sufficient knowledge in the subject areas of Section A of the Annex, the examination shall be made to the subject areas of Section B of the Annex. limited.(2) In cases of compelling business or personal interests of an applicant, the competent Chamber of Commerce and Industry may grant an exemption from the obligation to place the examination in one or more fields referred to in paragraph 1. Non-official table of contents

§ 10

(1) The audit is to consist of a written and an oral part.(2) The examination shall be carried out by a transcript. A certificate shall be issued to the examination participant on the outcome of the examination, which shall also indicate whether any knowledge of the subject areas B of the plant has been demonstrated.(3) The examination may be repeated. The Audit Committee may determine a reasonable period of time before the expiry of which the examination may not be repeated.(4) Details of the conduct of the examination and the evaluation of the examination achievements shall govern the Chambers of Industry and Commerce by examination regulations. Non-official table of contents

§ 11

For entrepreneurs who have been shown to be a member of the web server until the entry into force of this Regulation Inland waterway transport undertakings shall be subject to professional competence. Proof shall be provided to the approval authority within 12 months of the entry into force of the Regulation. A certificate of authorization shall be issued at the request of the entrepre. unofficial table of contents

§ 12

(omitted) unofficial Table of contents

§ 13

(1) After the death of the entrepellent, the heir may continue to operate for a maximum of one year without the conditions of § 4 (1) being established; the same shall apply to the executor of the executor, Estate manager or administrator of the estate during a period of execution, relegation of the estate or administration of the estate. In duly substantiated special cases this period may be extended by six months.(2) The power shall lapse if the heir does not fail within three months of the expiry of the period laid down for the expiry of the succession, or the persons referred to in the first sentence of paragraph 1, second sentence, not within three months of the date of the adoption of their office or for their order; a expiry date which has become effective in the person of the heir shall also be effective against the administrator of the estate.(3) In the event of the entry of an inability to acquire or incapacitated the entrepre or the person appointed for the management of the business, a third party, in which the conditions of Section 4 (1) have not yet been established, may be the subject of the company's one year after the determination of the incapacity for acquisition or business. In duly substantiated special cases this period may be extended by six months.(4) If one of the persons referred to in paragraph 1 or a third party can prove a practical professional experience of at least three years in the current management of the company, the permit to continue the operation may exceptionally be granted shall be granted unrestricted in time, without the conditions of section 4 (1) being established. Non-official table of contents

§ 14

is an administrative offence within the meaning of Section 7 (1) of the Inland Waterway Act, who is intentional or He/she shall carry out an activity referred to there by negligence without permission in accordance with § 2 (1). Non-official table of contents

Asset (to § 4 para. 2, § 5 para. 2, § 6 para. 1 no. 2, § 9 para. 1 and § 10 para. 2)

Required knowledge
are knowledge of the following subjects:
A.
of entrepreneurs who only carry out transport operations in the carry out national transport
1.
The knowledge required for the exercise of the profession in civil, commercial, social and tax law, in particular in relation to
-
Contracts in the general
-
Transport contracts, in particular the liability of the haulier (type and limits)
-
Trading Companies
-
Business Books
-
labor law, social security
-
tax-
2.
Business and financial management
-
Payment Traffic and Financing
-
Calculation of Self-Cost
-
Transport prices and conditions
-
Commercial Accounting
-
Insurance
-
Invoices Exhibition
-
traffic
3.
access to the market
-
Rules of Access to Occupation and its Exercise
-
Survey Regulations
-
Transport and Accompanying Papers
4.
Technical Standards and Technical Terms
-
technical characteristics of the ships
-
ship choice
-
member
-
berth time
5.
Security
-
Right-and Administrative regulations for inland waterway transport
-
accident prevention and accident prevention
B.
From entrepreneurs who want to carry out transboundary transport
1.
the subject areas referred to in (A)
2.
Provisions that are based on national Legislation, Community rules and international conventions and agreements relating to inland waterway transport between the Member States and between the Community and third countries, in particular in the fields of interviewing as well as transport prices and conditions
3.
Customs practice and formalities
4.
most important traffic policy regulations in the Member States