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)

Read the untranslated law here: http://www.gesetze-im-internet.de/binschzv/BJNR117600992.html

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) (BinSchZV) BinSchZV Ausfertigung date: 30.09.1992 full quotation: "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) dated 30 September 1992 (BGBl. I p. 1760), by article 1 of the Decree of 30 October 1997 (BGBl. I p. 2622) has been changed" stand : Amended by art. 1 V v. 30.10.1997 I 2622 for details on the stand number found in the menu see remarks footnote (+++ text detection from: 1.1.1994 +++) (+++ official note of the standard authority on EC law: implementation of EWGRL 540/87 (CELEX Nr: 387 L 0540) +++) V § 35 d BinnenschiffsverkehrsG idF d. BEK was due to d. v. 8.1.1969 I I 2579 has been added a 65, d through G v. 5.12.1990, and amended on the basis of § 4 d. BinnenschiffahrtsaufgabenG d. BEK. v. 4.8.1986 I 1270 issued by the Federal Minister for transport in consultation with the Federal Minister of finance. You according Article 3 BinSchZVEV v. 30.9.1992 I in 1760 on the 1.1.1994 enter into force.
V is 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. No. L 322 p. 20) implemented.

Article 1 (1) occupation of operator in the inland waterway transport within the meaning of this regulation is the activity of individuals or companies which - was it only occasionally - with barges in commercial transport goods transport.
(2) companies within the meaning of this regulation is any company without legal personality, as well as any other Association of persons including an inland navigation operators Association and cooperative, which procured for the shippers charge.

Section 2 (1) natural persons or undertakings within the meaning of § 1, exercising the profession of entrepreneur in the waterway using vessels capacity exceeding 200 metric tons in deadweight draft, need to engage in the activity of a permit. The permit is obligatory also for the transport of goods exerted only on limited service on behalf of another carrier.
(2) the waterways and shipping Directorate (approval authority), in whose district of the entrepreneur his primary residence or the company has its registered office or its business office is responsible for the issuance of the permit. Several authorities are responsible, pursuant to sentence 1 shall decide the authority that has been first petition with the thing. In cases where a company has several business offices, the waterways and shipping Directorate is responsible, in whose district the company has its headquarters.
(3) permission is granted an unlimited the entrepreneur. It is not transferable.
(4) permission is granted by handing a permission certificate. Also indicate whether the permission with captured the transport for cross-border freight traffic is in the approval document.
(5) change the name of the company or the registered office of the company or the persons appointed for the conduct of business, change the permission certificate of approval authority to correct shall be provided.

§ 3 a permit is not required 1 for carriage of own goods for their own purposes of the entrepreneur's own ships (transport). A ship owner in addition to the transport operates shipping for commercial purposes, all shipping activities as commercial shipping is viewed;
2. for contractors who perform only transport on waterways within the scope of the basic law, which have no connection with the inland waterway network of another Member State of the European communities or of another Contracting State of the agreement on the European economic area.

§ 4 (1) which is granted if the entrepreneur or the person entrusted with the management of the company constantly is technically suitable permission to the national or cross-border inland waterway transport.
(2) professionally suitable is, who has the necessary to the business of national or cross-border inland waterway freight transport knowledge in the areas listed in the annex to this regulation.

§ 5 (1) proof of professional competence can be provided by passing an examination or evidence of at least three years not child activity in companies of commercial inland waterway freight transport.
(2) the activity must have provides the required to conduct a national or cross-border inland waterway transport companies good knowledge on the functional areas apparent from the system. The permit authority by written certificates of the companies where the work has been done to prove this knowledge. Not provided proof of knowledge through practical experience through the testimony of an entrepreneur who no. 2 no permission certificate required pursuant to article 3. This does not apply if the contractor carriage of goods on waterways has carried out, which have received a connection to the other inland waterways of another Member State of the European communities or of another Contracting State of the agreement on the European economic area only after entry into force of this regulation.
(3) the Nachweispflichtige was even entrepreneur, is so to provide evidence in any other appropriate form.
(4) as far as the professional competence is asserted through adequate and not child before working, the permit authority shall consider the presented evidence. The permit authority affirms the professional ability, exhibiting a permission certificate on request according to § 2 para 4.

§ 6 (1) in individuals, the 1 have successfully completed a degree at a university or a course at a vocational school by checking or recognized 2 final exam in a vocational training or checking knowledge acquired through training or retraining prior to the industry and Chamber of Commerce as the competent body according to the vocational training Act of August 14, 1969 (Federal Law Gazette I p. 1112) , last amended by article 7 of the law of 27 July 1992 (Federal Law Gazette I p. 1398), have passed, will be awarded the professional competence to conduct an enterprise of inland waterway transport by the approval authority when in an appropriate manner, it is proven that the requisite knowledge on the functional areas listed in the annex were subject to the audit.
(2) on request, a certificate of permission issued these people.

§ 7 as sufficient proof of professional competence is also a certificate of another Member State of the European communities or of another Contracting State of the agreement on the European economic area as a certificate within the meaning of article 3 para 2 of subpara. 2 of 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 No. L 322 p. 20) was issued. On the certificates issued in Austria, sentence 1 is from 1 July 1994 and 1 January 1995 to apply is on the certificates issued in the Switzerland set 1.

§ 8 (1) the test is removed according to § 5 ABS. 1 of a Chamber of Commerce and industry which established an Audit Committee. A joint Audit Committee can be formed for several Chamber districts.
(2) the Audit Committee consists of a Chairman and two assessors appointed for at least one representative. At least an assessor should be working in a company of inland waterway transport.
(3) jurisdiction is the industry and Chamber of Commerce, in whose district the examinees is domiciled. The referral of the subject to the Audit Committee formed at a Chamber of Commerce and other industry is allowed.

§ 9 the subjects referred to in sections A and B of the system are (1) subject to the audit. At the request of the audit on the subject matter of the section A of the annex is limited. Is a certificate of permission pursuant to § 2 para 4 certified by the examinees have been, that he has already sufficient knowledge in the areas of section A of the annex, the examination on the subject of section B of the system is limited.
(2) in cases more compelling business or personal needs of an applicant, the Chamber of Commerce and industry may grant an exemption from the obligation to put the examination of one or more functional areas referred to in paragraph 1.

Article 10 (1) the examination shall consist of a written and an oral part.
(2) on the assessment, a transcript is to customize. A certificate is issued on the outcome of the examination the examinees, also stating, whether knowledge of the functional areas were demonstrated in B of the plant.

(3) the test must be repeated. The Audit Committee to determine an appropriate period before its expiry the examination may not be repeated.
(4) arrangements for the implementation of the audit and the evaluation of audit services regulate the Chambers of Commerce and industry examination regulations.

§ 11 companies that have demonstrably operated a barge freight company until the date of entry into force of this regulation, shall be the professional competence. The proof is to provide the permission authority within 12 months after the entry into force of the regulation. A permission certificate is issued at the request of the entrepreneur.

§ 12 (dropped out) section 13 (1) after the death of the contractor the heritage may continue the operation for more than a year, without having the requirements of § 4 para 1 are established; the same applies to the executor, estate nurse or administrator during an execution of wills, probate guardianship, or estate administration. In duly justified exceptional cases, this period may be extended to six months.
(2) the authority shall expire, if the inheritance within three months after the expiry of the period prescribed for the renunciation of inheritance or in paragraph 1 sentence 1 second half of sentence persons within three months after the adoption of their office or your order; applied for permission a deadline effectively come in the person of the heirs also counteracts the executors.
(3) in the case of entry of a purchase or legal incapacity of the entrepreneur or the person appointed for the conduct of business, a third party, in which the conditions of § 4 para 1 are still not detected, may continue the company up to a year after finding the purchase or legal incapacity. In duly justified exceptional cases, this period may be extended to six months.
(4) if one of the persons referred to in paragraph 1 or a third party prove practical experience of at least three years in the day-to-day management of the company permission to continue of operation may be granted for an unlimited, without having the requirements of § 4 para 1 are found.

§ 14 is rude in the sense of § 7 para 1 of the inland waterway transport task law, who intentionally or negligently professional performs an there called activity without permission according to § 2 para 1.

Plant (to section 4 paragraph 2, section 5, paragraph 2, article 6, paragraph 1 No. 2, section 9, paragraph 1, and article 10 par. 2) required skills are skills in the following areas: A. by entrepreneurs who want to carry out only occasional services in the national 1 law for the exercise of the profession of knowledge required in the civil, commercial, social and tax law, in particular in relation to - in general - transportation contracts , in particular the liability of the carrier (nature and limits) - companies - business books - employment law, social security - tax law 2. commercial and financial operations management - payments and financing procedures - calculation of costs - transport rates and conditions - commercial accounting - insurance - exhibition of invoices - help transport 3. access to the market - rules for access to the profession and its exercise - Charter arrangements - transport and accompanying documents 4. technical standards and technical terms - technical features of vessels - choice of the vessel - registration - time and demurrage 5. safety - laws, regulations and administrative provisions relating to the inland waterway transport - accident prevention and measures perform the promotion in the cross-border traffic accidents as entrepreneurs, who want 1 subparagraph A above subjects 2. provisions, on the basis of national law, community standards and international conventions and agreements for the inland waterway transport between Member States and between the community and third countries apply, particularly in the areas of chartering the transport rates and conditions 3 Customs practices and formalities 4 main traffic regulations in the Member States