Advanced Search

Flag Law

Original Language Title: Flaggenrechtsverordnung

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Flag-law regulation (FlRV)

Unofficial table of contents

FlRV

Date of completion: 04.07.1990

Full quote:

" Flaggenrechtsverordnung vom 4. Juli 1990 (BGBl. 1389), as last amended by Article 5 of the Regulation of 27 June 2013 (BGBl). I p. 1926) "

Status: Last amended by Art. 5 V v. 27.6.2013 I 1926

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 15.7.1990 + + +) 

Unofficial table of contents

Input formula

Because of
-
Article 22 (1), (4), (5) and (6) (a) to (f) of the Flag Rights Act, as amended by the Notice of 4 July 1990 (BGBl. 1342), the Federal Minister for Transport,
-
In accordance with Section 22 (3) of the Flag Law, the Federal Minister of Transport, in agreement with the Federal Minister of Justice, decrees:

First section
Limits of seafaring

Unofficial table of contents

§ 1

The limits of seafaring within the meaning of § 1 of the Flag Rights Act are determined:
1.
the mainland and island shoreline at medium-high water,
2.
the sea-side limitation of inland waterways,
3.
at ports located on the coast, the connecting line of the Molenkpots and
4.
in the case of estuaries of rivers that are not inland waterways, the connecting line of the outer bank outflows.

Second section
Authority to lead the federal flag

1.
Ship certificates

Unofficial table of contents

§ 2

(1) For the issuing of a ship certificate (§ 3 (a), § 5 of the Flag Law) the consulate is responsible in whose district the ship is located at the time when the right to lead the federal flag or the power to the (2) The issuing consulate shall be responsible for the registration of the endorsement in the ship's pre-certificate in accordance with Section 7a (1) of the Flag Rights Act. Unofficial table of contents

§ 3

(1) The application for a ship's certificate shall be submitted by the owner of the ship. The application shall specify:
1.
the name of the vessel;
1a.
as far as it is granted, in accordance with Section 11 (1) (5) of the Register of Ships in the version of the Notice of 26 May 1994 (BGBl. 1133), called the ship identification number (IMO number);
2.
where appropriate, the distinguishing signal assigned by a register court;
3.
the type of vehicle or the genus and the main building material;
4.
the place of construction and the date of the launching, if any, the date of the keel laying or the year of construction, unless it is to be determined only with particular difficulty;
5.
the port within the meaning of Section 9 of the Flag Rights Act;
6.
the results of the official survey;
7.
the name, nationality and place of residence or registered office of the applicant; in the case of an open trading company: the shareholders; in the case of a limited partnership or a limited partnership, on shares: the partners personally liable; in the cases referred to in Section 2 (1) (3) of the Flag Law: any person responsible;
8.
the facts which justify the acquisition of the property;
9.
the national flag which the ship last carried;
10.
the ship's register in which the ship is registered or was last registered; in the second case, the date of the deletion;
11.
in the cases of § 7 of the Flag Rights Act, the binding declaration that the right to lead the other national flag shall end;
12.
the specific reasons why the ship's pre-certificate is requested instead of the ship's certificate.
(2) The information referred to in paragraph 1 shall be made credible. A certificate issued by a foreign surveying authority (paragraph 1 (6)) or a certified copy or a copy of that document, and a certificate of provisional official measurement of the ship 's certificate in the case of new ships' new buildings shall be submitted. In the cases of Section 2 (1) (3) of the Flag Rights Act, a certificate pursuant to Section 5b (1) shall also be submitted. Unofficial table of contents

§ 4

In deciding on the issue of the ship's certificate, account shall be taken, in particular, of the existence of sufficient grounds for issuing the certificate in place of the ship's certificate. If the owner of the ship does not have a place of residence within the scope of the Basic Law, the applicant has to prove that he was not able to register the ship in a timely manner in a German ship register. Unofficial table of contents

§ 5

(1) The ship's pre-certificate shall have the form shown in the Appendix to this Regulation. (2) The Consulate shall immediately send a certified copy or a copy of the ship's certificate issued by the flag authority, which shall: Professional cooperative for transport and transport in Hamburg as well as the ship register court responsible for the registration of the ship. (3) If a ship's certificate is issued for the ship, the owner has the ship's pre-certificate Immediately the ship's registration court, which grants the ship's certificate has to hand over.

1a.
Persons commissioned pursuant to Section 2 (1) of the Flag Law

Unofficial table of contents

Section 5a

In the cases referred to in Section 2 (1) (3) of the Flag Law, the owner of the seagoing vessel shall be responsible to the flag authority
1.
to submit a written declaration of each person responsible for the matters referred to in this provision in full accordance with the legislation in force in the Federal Republic of Germany in respect of the matters referred to in this provision in full the extent to which
2.
to demonstrate that the person responsible is personally reliable and financially capable,
3.
(dropped)
Unofficial table of contents

Section 5b

(1) If the evidence of § 5a is carried out, the flag authority shall certify that the requirements of Section 2 (1) (3) of the Flag Law are fulfilled. The certificate shall show the name and place of residence of the owner and the person responsible pursuant to Section 5a (1). (2) The flag authority shall send a copy of the certificate referred to in paragraph 1 to the professional association for transport and transport. (3) The ad according to § 2 (3) of the Flag Law is to be addressed to the flag authority, which shall carry out the relevant tasks of the Federal Ministry of Transport, Building and Urban Development. (4) In the event of the omission of the Evidence on the basis of the underlying facts shall be revoked by the flag authority as referred to in paragraph 1 shall inform the court responsible for the management of the register of the ship and the professional association for the transport and transport sector. Unofficial table of contents

§ 5c

The professional association for transport and transport is entitled, within the limits of its powers under the ship safety ordinance, in the absence or omission of the conditions set out in § 2 (1) (3) of the Flag Law. To prohibit further navigation on the territory of the territory of Germany, or to allow it only under conditions or conditions which ensure that the sovereignty and control of the flag State can be effectively exercised through the ship.

2.
Powers under § § 10, 11 of the Flag Rights Act, flag vouchers

Unofficial table of contents

§ 6

For the conferral of the powers to conduct the federal flag (§ § 10 and 11 FlRG) and the issuing of the flag certificates (§ 3 (b) of the Flag Law Act), connected with the allocation of the distinguishing signals of the ships, the Flag authority responsible. Unofficial table of contents

§ 7

(1) The application for the granting of the authority to lead the flag of the Federal Republic of Germany and to the issuing of a flag is
1.
for a seagoing vessel to which this power is to be conferred in accordance with Article 10 of the Flag Law, by the owner of the shipyard or by the owner of the seagoing vessel,
2.
for a seagoing vessel to which this power is to be conferred in accordance with the first sentence of Article 11 (1) of the Flag Law, of the foreign owner thereof,
3.
for a seagoing vessel to which this power is to be conferred pursuant to Section 11 (1) sentence 2 of the Flag Rights Act, by the supplier
(2) Paragraph 1 shall apply in accordance with the waiver of the person entitled to the power. (3) Unofficial table of contents

§ 8

(1) In the application, the name, in the cases of § 10 of the Act on the Law of the Flag, shall be indicated the hull number of the ship as well as the data referred to in § 3 (1) Nos. 3, 4, 6 and 7.
1.
in the cases referred to in Article 7 (1) (1) of the port to which the ship is to be transferred;
2.
in the cases of Section 7 (1) (2):
a)
the home port;
b)
the ship's register in which the ship is registered or last registered and the previous national flag of the ship;
c)
where granted, the IMO number and
d)
the nationality of the owner.
3.
in the cases referred to in Article 7 (1) (3), in addition to the information referred to in point 2:
a)
the name and place of residence or registered office of the owner;
b)
the facts and the duration of that right, which are based on the right of use of the supplier;
c)
the facts which result from the fact that the supplier belongs to the group of persons of § 1 or section 2 (1) of the Flag Law, and
d)
the fact that the ship is occupied in accordance with the provisions of the federal law.
(3) Paragraph 3 (2), first sentence, and 2 shall apply in respect of the particulars referred to in paragraphs 1 and 2. The following shall also be submitted
1.
the letter of measurement or the corresponding document of a foreign surveying authority or a publicly certified copy or a copy of that document,
2.
in the cases referred to in Article 7 (1) (2) and (3), the official confirmation of the competent foreign authority or of a consulate of the foreign State concerned that its right of conduct is not contrary to the flag of the Federal Republic of Germany, and
3.
in the cases of § 7 (1) (3), the publicly certified statement by the owner that he agrees to the change of flag for the duration of the right of use of the equipment supplier.
Unofficial table of contents

§ 9

The flag will be
1.
in the cases referred to in Article 7 (1) (1), for the duration of the transfer to another port, including the necessary prior journeys,
2.
in the cases referred to in Article 7 (1) (2), for the duration of the power to conduct the flag,
3.
in the cases referred to in § 7 (1) (3), subject to withdrawal, for the duration of the transfer of the ship in its own name
. If, before the expiry of the periods referred to in the first sentence, the power to guide the flag of the flag is conferred upon subsequent application for a further period, this may be noted on the flag; the issuing of a new flag shall be required in the case of a new flag. this case is not. Unofficial table of contents

§ 10

The flag authority shall send a certified copy or a copy of the flag to the Berufsgenossenschaft für Transport und Verkehrswirtschaft (Professional Association for Transport and Transport). Unofficial table of contents

§ 11

The applicant shall immediately notify any changes to the information referred to in § 8. The notification shall be sent to the flag authority. At the request of the flag authority, the flag shall be provided for correction.

3.
Flag certificates

Unofficial table of contents

§ 12

Flag certificates (Section 3 (c) of the Flag Law Act) are issued:
1.
for seagoing ships of the Federal Armed Forces of the Federal Ministry of Defence;
2.
for the other seagoing ships referred to in Article 3 (c) of the Flag Rights Act.
Unofficial table of contents

§ 13

The flag certificate shall not affect the rules as to whether and how a flag of service may be placed in place of or in addition to the flag of the Federal Republic of Germany.

4.
Flag certificates

Unofficial table of contents

§ 14

The flag authority is responsible for issuing the flag certificates (Section 3 (d) of the Flag Rights Act). Unofficial table of contents

§ 15

(1) If the application for a flag certificate is filed for a seagoing ship which is not entitled to the control of the Federal Flag under the provisions of § § 1 or 2 of the Flag Law, it shall be entitled to the award of the (2) A request for a flag certificate cannot be made for vehicles which are not intended for navigation within the meaning of Section 1 of the Flag Law Act. Unofficial table of contents

§ 16

(1) The application for a flag certificate shall be submitted by the owner of the seagoing vessel. (2) The application shall specify the data referred to in § 3 (1) Nos. 1, 3 to 5, 7 to 9 and the following identity characteristics of the ship:
1.
the hull length, measured between the outermost points of the Vorstevens and the Hinterstevens,
2.
the bathing number or the boat number, if they are fixed to the hull,
3.
the engine number,
4.
other characteristics essential to identity.
(3) § 3 (2) sentence 1 shall apply accordingly. Unofficial table of contents

§ 17

If the applicant is not German within the meaning of § § 1 and 2 of the Flag Rights Act or a German according to § 2 or 23 thereof, the flag certificate shall be subject to the right of revocation in accordance with the award of the power to Tour of the federal flag issued. In the cases of Section 2 (1) (3) of the Flag Rights Act, a separate certificate pursuant to § 5b (1) is not required for the issuing of a flag certificate. Unofficial table of contents

§ 18

(1) Flag certificates shall be invalid at the latest after the expiry of 8 years since their exhibition, unless the period of validity is extended for at most the same period of time. (2) § 11 shall apply mutagens to the information referred to in § 16.

Third Section
Approval of the management of another national flag (Section 7 of the Flag Law Act)

Unofficial table of contents

§ 19

(dropped) Unofficial table of contents

§ 20

(1) The application shall contain the information specified in § 3 (1) Nos. 1 to 7, 9 and 10. (2) The application must also contain
1.
if the applicant is not the owner of the seagoing vessel,
a)
an indication of the name, nationality and place of residence or seat of the applicant, including the telecommunications links of the applicant; and
b)
the approval of the owner for the management of the other national flag;
2.
in the cases referred to in Article 7 (2) of the Flag Rights Act, the obligation to train;
3.
in the cases referred to in Article 7 (3) of the Flag Law, the declaration of payment of the disburring amount;
4.
an indication of the national flag to be held in the future;
5.
the approval of the future flag State for flag management;
6.
an indication of the creditor's rights registered in Division III of the Register of Ships;
7.
the consent of the registered creditors for the management of the other flag.
(3) The application shall be accompanied by:
1.
as referred to in paragraphs 1 and 2, point 6, an officially certified copy or a copy of the ship's registration sheet, as updated;
2.
a written declaration by the owner of paragraph 2 (1) (b);
3.
a written declaration by the applicant in accordance with paragraph 2, point 2;
4.
(3) a certificate issued by the institution established pursuant to Article 7 (3) of the Flag Law;
5.
on paragraph 2, point 5, a certificate issued by the future flag State which contains the name of the ship, the duration of the congestation of the foreign flag and the confirmation that the ship, including the mortgages, in the German the register of ships may remain registered;
6.
(2) a written declaration by the creditors.
(3a) The nationality of the owner and the applicant as well as the other information referred to in paragraph 2 (1) (a) shall be made credible. (4) § 11, first sentence, and 2 shall apply mutatically to the information referred to in paragraphs 1 and 2. Unofficial table of contents

§ 20a

(1) For the proof in accordance with Section 7 (2) sentence 4 of the Flag Law, persons by means of which a place for the seagoing-related training on board the unflagged seagoing ship is occupied within the meaning of Section 7 (2) sentence 1 of the Flag Law Act, are and the periods of their employment on board the vessel which has been unflagged. (2) The information shall be provided by means of presentation of appropriate documents, in particular the appropriate lists of occupation, training contracts and contracts for the use of higers Proof.

Fourth Section
Register

1.
Flag registers

Unofficial table of contents

Section 21

(1) The flag authority shall keep a register of all seagoing ships which have been granted official identification of the authority to conduct the federal flag (Section 3 of the Flag Rights Act) (Section 22 (6) (d) of the Flag Law). (2) Registers shall be included in addition to a serial number and the date of registration:
1.
the nature of the identity card, the date of issue and, in the case of the freezing period, the period of validity,
2.
in the case of ships registered in a German register of ships, the content of the contents of the ship's register from Divisions I and II and the data referred to in § 3 (1) Nos. 9 and 10, in the cases referred to in Article 2 (1) (3) of the Flag Law also the person responsible in the certificate referred to in § 5b (1),
3.
in the case of ships for which a flag certificate has been issued, the facts contained in Article 3 (1) (1) and (3) to (5) and the name of the owner, the hull length of the ship and the number of the flag certificate,
4.
in the case of other vessels, the data referred to in Article 3 (1) to (6), (9) and (10) and the name of the owner,
4a.
in the case of platforms that are temporarily floating and are temporarily firmly anchored to the ground, the place of anchoring,
5.
in the cases of § § 10 and 11 of the Flag Rights Act, in addition to the data referred to in point 4, the content of the rights conferred,
6.
in the cases of § 7 of the flag law of the exporter, the new flag state and the period during which the right to conduct the flag of the flag may not be exercised,
7.
any changes in the data referred to in points 1 to 6.
Unofficial table of contents

Section 22

The registration shall be deleted ten years after the end of the authority to lead the Federal flag.

2.
International maritime register

Unofficial table of contents

Section 23

The International Maritime Register (§ 12 of the Flag Law Act) is led by the flag authority as an annex to the flag register. It shall contain, in addition to the information in the flag register, only the indication that the ship is registered in the international maritime register. Unofficial table of contents

§ 24

With the application for registration in the international maritime register, the owner shall credibly indicate the facts from which the operation of the ship in international traffic within the meaning of section 34c (4) of the Income Tax Act is in force in of the current version. Unofficial table of contents

Section 25

(1) Seeschiff registered in the International Maritime Register shall be held
1.
on request or
2.
shall be ex officied if the flag authority becomes aware that the statutory requirements for registration are not met.
A ship will not be held if only the registered name is changed. (2) The entry will be deleted ten years after the seagoing ship has been discharged.

Fifth Section
Supplementary provisions

Unofficial table of contents

Section 26

(1) In the application of this Regulation, account shall be taken of the responsibilities of the Federal Republic of Germany as a flag State and as a State of registration. (2) This Regulation makes it possible to carry out the obligations of the applicant, , without prejudice to technical, social and administrative matters relating to the ship and, in particular, to the inspection and inspection required. Unofficial table of contents

§ 27

Flag authority is the Federal Maritime and Hydrographic Agency. Unofficial table of contents

§ 28

Applications within the meaning of this Regulation shall be submitted in good time for each ship. The flag authority shall disclose samples of the applications in the Official Journal. (2) The flag authority may require the applicant or third parties to take out and take out insurance in lieu of the facts which are to be credibly made. Unofficial table of contents

§ 29

The Federal Ministry of Transport, Building and Urban Development gives the samples of the official ID documents concerning the authority to guide the federal flag and the samples of the forms for the complete master data documentation within the meaning of section 13 (2) sentence 1 of the Flag Rights Act in the Official Journal of the European Union. Unofficial table of contents

§ 30

(1) The display of the ship's name and its modification shall be addressed to the flag authority, which shall also be responsible for the submission of the management of ship's names (Section 9 (3) of the Flag Law). (2) Name and port shall be on the ship in (3) the IMO ship identification number in the sense of the size of the ship in such a way as to ensure sufficient legibility by other road users in the event of good visibility. Section 9a (1) of the Flag Rights Act must be clearly and fully visible, and must be made visible by others Markings on the hull shall be deposited, at least 200 millimetres high, and placed in a colour contrasting with the surroundings. It shall be carried out in the form of a raised or in-depth relief, by riveting or by any other equivalent marking procedure, which ensures that the IMO ship identification number shall not be slightly unrecognizable. can be made. Unofficial table of contents

§ 30a

(1) The certificate of the gapless master data documentation within the meaning of section 13 (2) sentence 1 of the Flag Law is to be applied for by the owner of the shipping company to the flag authority. The application shall be accompanied by the information required for the complete master data documentation. The flag authority shall provide the flag authority without delay. (2) The flag authority shall summarise the complete master data documentation in accordance with the provisions of the International Maritime Organization (IMO) on its 23. Resolution A.959 (23), adopted on 5 December 2003, on the format and guidelines for the management of gapless master data documentation (VkBl). 414), adopted by resolution MSC.196 (80), adopted on 20 May 2005 (VkBl). 37), and adopted by resolution MSC.198/80, adopted on 20 May 2005 (VkBl. 504), has been amended, using form 1 of the resolution in German and English. (3) Changes to the data entered in the complete master data documentation are from the owner of the sea or to record without delay a person appointed by him, in particular the skipper, using the forms referred to in § 29, and to accompany the complete documentation of the master data. The flag authority shall inform the flag authority without delay. (4) Within three months of the date of the first change, the flag authority shall issue an updated full documentation of master data to the ship's ship. The ship's guide shall be obliged to take the measures referred to in points 10 and 11 of the Annex to Resolution A.959 (23) upon receipt of the updated master data documentation. Unofficial table of contents

Section 31

(1) For each ship, only one identity card shall be issued via the authority to manage the flag. (2) The person entitled shall, as far as possible, to forward the badge to the flag authority without delay if his authority to lead the flag of the Federal Republic of Germany the expiry of the period of validity specified in the document shall end or the ship shall cease or be unable to repair it. The flag authority shall make the identity card unusable in such cases. (3) Paragraphs 1 and 2 shall not apply to the ship's certificate.

Sixth Section
Final provisions

Unofficial table of contents

Section 32

- Unofficial table of contents

§ 33

This Regulation shall enter into force on the day after the date of delivery. Unofficial table of contents

Annex (to § 5 (1))

Source of the original text: BGBl. I 1990, 1394;
with regard to of the individual amendments. Footnote.
 (Federal Adler) Federal Republic of Germany 
Federal Republic of Germany

Ship pre-certificate
Provisional Ship Certificate

It hereby certifies that the following shall be referred to:
Ship according to § ... of the Flag Rights Act is entitled to
the flag of the Federal Republic of Germany, and
that he has all the rights, qualities and privileges of a
German ship.
This is to certify that, under the provisions of Section ...
of the Flag Act, the ship described below is entitled to fly
the flag of the Federal Republic of Germany and that all the
properties, rights and privileges inherent in a German ship
are lawfully due to her.

1. Name of the ship: ........................................................
Name of Ship
2. IMO number and distinguishing signal: .....................
IMO-Number and Distinctive Number or Letters
3. Vehicle type, genus, main building material: .......................
Type and Category of Ship, Main building material
4. Heimathafen: ..............................................................
Domestic Port
5. Length: ........................................................
Length
6. Letter of measurement: .........................................................
Tonnage Certificate

This ship pre-certificate is valid until ...........................
The present Certificate is valid until

If a ship's certificate is issued for the ship, the ship's certificate shall be
Ship pre-certificate to be delivered to the ship's register
(Section 5 (3) of the German flag-law regulation).

................................, the ...........................
(Place and date of the exhibition)
(Place and Date of issue)
Issuing authority
Issuing Authority
.............................
(Siegel) (Signature)
(Seal)
(Signature)