Regulation on the transport of dangerous goods by seagoing ships (hazardous goods regulation See-GGVSee)

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GGVSee

Date of completion: 04.11.2003

Full quote:

" Dangerous goods regulation See in the version of the notice of 26 March 2014 (BGBl. 301), as defined by Article 5 of the Regulation of 26 February 2015 (BGBl). 265) has been amended "

Status:	New by Bek. v. 26.3.2014 I 301;
	Amended by Art. 5 V v. 26.2.2015 I 265

For more details, please refer to the menu under Notes
This Regulation shall be used for the implementation of Article 12 of Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and Repeal of Council Directive 93 /75/EEC (OJ L 93, 9.4.1993, EC No 10).

Footnote

(+ + + Text evidence from: 1.1.2003 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 59/2002 (CELEX Nr: 302L0059) + + +) 

  

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§ 1 Scope

(1) This Regulation lays down rules on the carriage of dangerous goods by sea-going vessels. For the transport of dangerous goods by sea-going vessels on navigable inland waterways in Germany, the provisions of the Road, Rail and Inland Waterway Dangerous Goods Regulation remain unaffected. (2) This Regulation does not apply to transport (3) This Regulation shall not apply to the carriage of dangerous goods by the Bundeswehr or foreign armed forces, in so far as these are the reasons for the Defense requires. The first sentence shall also apply to other ships which are used on behalf of the Bundeswehr or the foreign armed forces if the loading of the dangerous goods is carried out under the supervision of Section 6 (3). Unofficial table of contents

§ 2 Definitions

(1) For the purposes of this Regulation:

1.

"SOLAS Convention" is the International Convention for the Safety of Life at Sea, 1974 (BGBl. 1979 II p. 141), most recently in accordance with the provisions of the 24. SOLAS-amending Regulation of 23 July 2012 (BGBl. 690);

2.

is "IMDG-Code" of the International Maritime Dangerous Goods Code, which was last amended by resolution MSC.328 (90), in the official German translation announced on 12 November 2012 (VkBl. 922);

3.

is "IMSBC Code" of the International Maritime Solid Bulk Cargoes Code in the official German translation announced on 15 December 2009 (VkBl. 2009 p. 775), as last amended by resolution MSC.354 (92) (VkBl. 2013 p. 1015), corrected by announcement of 15 May 2014 (VkBl. 467);

4.

"IBC Code" is the International Code for the Construction and Equipment of Ships for the Carriage of Dangerous Chemicals as bulk materials (BAnz. No. 125a of 12 July 1986), recast by resolution MSC.176 (79) (VkBl. 2007 p. 8), as well as supplemented lists of substances for this purpose according to the MEPC.2-circular letter 12 and the MEPC.1-circular writing 512 (VkBl. 80; 2007 p. 152), as last amended by resolution MSC.340 (91) (VkBl. 1033);

5.

"BCH Code" is the code for the construction and equipment of ships for the transport of dangerous chemicals as bulk goods (BAnz. No 146a of 9 August 1983), as last amended by resolution MSC.212 (81) (VkBl. 653);

6.

"IGC-Code" is the International Code for the construction and equipping of ships for the transport of liquefied gases as bulk material (BAnz. No 125a of 12 July 1986), as last amended by resolution MSC.220 (82) (VkBl. 2009 p. 758) and MSC.225 (82) (VkBl. 2009 p. 760);

7.

"GC-Code" is the code for the construction and equipment of ships for the transport of liquefied gases as bulk material (BAnz. No 146a of 9 August 1983), as last amended by resolution MSC.182 (79) (VkBl. 2009 p. 652);

8.

"CTU-packing guidelines" are the directives of the International Maritime Organisation (IMO), the International Labour Organisation (ILO) and the United Nations Economic Commission for Europe (UN ECE) for the packaging of Transport units (CTUs) in the version of the notice of 17 February 1999 (VkBl. 164);

9.

"EmS Guide" is the Guide to Accident Measures for Ships carrying dangerous goods, as amended by the Notice of 19 August 2013 (VkBl. 850);

10.

"MFAG" is the guide for medical first-aid measures in the event of accidents involving dangerous goods, as amended by the Notice of 1 February 2001 (BAnz. 68a of 6 April 2001);

11.

"INF-Code" is the International Code for the safe transport of packaged irradiated nuclear fuel, plutonium and high-level radioactive waste (BAnz. 23 322), as last amended by resolution MSC.241 (83) (VkBl. 82);

12.

"Basel Convention" is the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous waste and its disposal (BGBl. (1994 II p. 2703);

13.

"MARPOL" is the International Convention for the Prevention of Pollution from Ships, 1973, with the Protocol of 1978 to this Convention (BGBl I). 2, 1996 II p. 399), as last amended by resolution MEPC.193 (61) adopted by the Committee on the Protection of the Marine Environment of the International Maritime Organisation (IMO) in London (BGBl. 2013 II p. 1098, 1099);

14.

Provisions of the "ADR" are the provisions of Parts 1 to 9 of Annexes A and B to the European Convention of 30 September 1957 on the International Carriage of Dangerous Goods by Road (ADR), as amended by the Notice of Recast of annexes A and B of 3 June 2013 (BGBl. 648);

15.

"RID" means the provisions of Parts 1 to 7 of the Annex C to the Convention on International Carriage of Dangerous Goods (COTIF) of 9 May 1980 in Annex C to the Convention on International Carriage by Rail (COTIF) in the version of the notice of 16 May 2008 (BGBl. 475, 899), most recently in accordance with the 18. RID-amending regulation of 25 May 2013 (BGBl. 562);

16.

"transportable pressure equipment" means the vessels and tanks for gases as defined in Article 2 (1) of Directive 2010 /35/EU and the other vessels and tanks for gases specified in Chapters 6.2 and 6.7 of the IMDG Code;

17.

"ODV" is the place-moving pressure equipment regulation of 29 November 2011 (BGBl. 2349), as defined by Article 2 of the Regulation of 19 December 2012 (BGBl). 2715).

(2) For the purposes of this Regulation, dangerous goods shall be:

1.

substances and articles falling under the relevant definitions for classes 1 to 9 of the IMDG Code,

2.

substances classified as dangerous bulk materials in accordance with the provisions of the IMSBC Code of Group B, or

3.

substances which are to be transported in tankers and

a)

which have a flashpoint of 60 ° C or lower, or

b)

the liquid goods set out in Annex I to the International Convention for the Prevention of Pollution from Ships, 1973, with the Protocol of 1978 relating to the Convention, or

c)

which fall under the definition of "noxious liquid substance" in Chapter 1, point 1.3.23 of the IBC Code; or

d)

listed in Chapter 19 of the IGC Code.

(3) For the purposes of this Regulation:

1.

Carrier who, by means of a sea freight contract as a carrier, carries out the change in the location of dangerous goods by means of a seagoing vessel belonging to or wholly or partly chartered by him;

2.

Shipowner shall be the owner of a ship or a person who has assumed responsibility for the operation of the ship by the owner and who has agreed to the responsibility of the ship, all the obligations imposed on the owner, and to assume responsibilities;

3.

Consignor of the manufacturer or distributor of dangerous goods, or any other person who originally caused the transport of dangerous goods.

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§ 3 Admission to transport

(1) Dangerous goods may only be handed over to sea-going vessels within the scope of this Regulation and shall only be transported with seagoing vessels if the following rules applicable to the individual transport are complied with:

1.

in the case of the transport of dangerous goods in a packaged form, the provisions of Chapter II-2 of Regulation 19 and of Chapter VII A of the SOLAS Convention and of the provisions of the IMDG-Codes;

2.

in the case of the transport of dangerous goods in solid form as bulk

a)

in the case of goods to which the classification "MHB" is assigned, the provisions of Chapter VI of the SOLAS Convention and the provisions of the IMSBC Code and

b)

in the case of goods to which a UN number is assigned, in addition to the provisions of Chapter II-2 Rule 19 and Chapter VII, Part A-1 of the SOLAS Convention;

3.

in the case of the transport of liquid dangerous goods in tankers, the provisions of Chapter II-2 Rule 16 (3) and, where applicable, Chapter VII, Part B, of the SOLAS Convention, as well as the provisions of the IBC Code or the BCH code;

4.

in the case of the transport of liquefied gases in tankers, the provisions of Chapter II-2 of Regulation 16 (3) and of Chapter VII (C) of the SOLAS Convention, as well as the provisions of the IGC Code or the GC code;

5.

in addition to the provisions referred to in paragraph 1, the provisions of Part D of Chapter VII of the SOLAS Convention and of the provisions of Part D of the SOLAS Convention for the transport of packaged irradiated nuclear fuel, plutonium and high-level radioactive waste INF codes.

(2) Sea ships carrying dangerous goods in packaged form or in solid form as bulk material and which are not subject to Chapter II-2 Rule 19 of the SOLAS Convention may load and unload dangerous goods in German ports if: There are four persons with a full body protection against the effects of chemicals as well as two additional air-protection devices that are independent of the air circulation. These seagoing vessels shall be allowed to charge explosive substances and objects with explosives (except subclass 1.4S), flammable gases, flammable liquids with a flashpoint below 23 ° C and toxic liquids under deck only then in German ports or from there, where it is demonstrated by a certificate issued by the competent authority of the flag State or by a recognised classification society that the following requirements are met in the respective loading spaces:

1.

For the transport of explosive materials and articles with explosives (other than subclass 1.4S), flammable gases or flammable liquids with a flashpoint below 23 ° C, the electrical installations in the cargo hold must be in a An explosion protection type which is suitable for use in dangerous environments. Cable ducts in decks and bulkheads must be sealed against the passage of gases and vapors. Permanently installed electrical installations and cabling must be carried out in the cargo spaces in question in such a way that they cannot be damaged during the envelope.

2.

In the case of transport of toxic liquids or flammable liquids with a flash point below 23 ° C, the Lenzpump system shall be designed such that unintentional pumping of such liquids and liquids through lines or pumps is to be avoided in the machinery space.

If the certificate required by the second sentence is not available, dangerous goods may be unloaded if all the electrical installations installed in the cargo spaces are completely separated from the voltage source. (3) Hazardous waste within the meaning of the Article 2 of the Basel Convention may only be loaded on sea-going vessels in States Parties to this Convention. They may only be carried on a cross-border basis if the requirements referred to in Section 2.0.5 of the IMDG Code or in Section 10 of the IMSBC Code or Chapter 20 of the IBC Code are met. (4) Freising units as defined in Chapter 1.2 of the IBC Code IMDG codes with packaged dangerous goods may only be submitted for carriage if the CTU packing guidelines have been complied with. (5) Dangerous goods of category 1 compatibility group K of the IMDG code may be used if they are used with other modes of transport Only with the prior approval of the provisions of § 5 (6) Fireworks of UN Nos. 0333, 0334, 0335, 0336 and 0337 may only be introduced via ports within the scope of this Regulation if the provisions of paragraph 6 of this Regulation are to be applied in accordance with Article 6 of the Regulation. (2) the competent authority shall have a copy of the following documents no later than 72 hours before the arrival of the ship:

1.

the transport document referred to in Article 8 (1) (1),

2.

the certificates issued by the competent authority of the country of manufacture concerning the approval of the classification of the fireworks according to subsection 2.1.3.2 of the IMDG code or a certificate issued by the competent authority of a Contracting Party of the ADR or a Member State of the COTIF on the consent to use the specified classification code in accordance with the rules of the ADR or of the RID in the transport and

3.

in the case of carriage in freight transport units, the CTU packing certificate and a corresponding packing list, in which the consignment items are listed with the following information:

a)

detailed description of the fireworks (object group),

b)

Caliber in millimeters or inches,

c)

Net explosive mass per item,

d)

number of items per piece of mail,

e)

Type and number of items of mail per container,

f)

Total (gross weight, net explosives),

g)

Name, address, telephone number and e-mail address of the consignee of the summons or, if the recipient does not have a seat in Germany, the consignee of the consignee in Germany.

In the case of carriage in freight transport units, the identification number of the relevant goods transport unit must be recorded on all documents to be submitted. If the language of the documents is not German or English, a German or English translation is to be attached. Unofficial table of contents

§ 4 General security obligations, monitoring, equipment, training

(1) The parties involved in the transport of dangerous goods by sea-going vessels shall take the necessary measures in the manner and scale of the foreseeable risks in order to prevent damage and, in the event of damage, to the extent that it is so. (2) In all seagoing vessels carrying dangerous goods, it is prohibited to smoke or use fire and open light on deck in the cargo area, in the cargo spaces and in the pump rooms and in the trunk. (3) On board tankers carrying flammable liquids or flammable liquefied gases, or who are not gassed after the transport of these goods, shall be prohibited from: Deck in the area of cargo as well as in pump rooms and trunk dams only stationary power-supplied explosion-proof equipment and installations or electrical appliances with their own power source in an explosion-protected design are used. By means of operational and technical measures, the formation of sparks and hot surfaces must be excluded. (4) No charge vapours for pressure or temperature control can be discharged from gas tankers on sea routes. (5) All Crew members concerned with emergency measures must be informed that dangerous goods are on board. In particular, it is appropriate to indicate in an appropriate manner where they are stored, the hazards which may arise from them and which behaviour is necessary in the event of irregularities. (6) The cargo must be regularly monitored during transport. The nature and scope of the surveillance shall be adapted to the circumstances of the individual case and to be entered in the ship's diary. (7) Where dangerous goods are transported by sea-going vessels, the vessel shall be subject to the medicinal products listed in Annex 14 of the MFAG; and Auxiliary means are provided. Where specific equipment is required for certain dangerous goods in accordance with the regulations referred to in Article 3 (1) or in accordance with the relevant EmS information for the dangerous goods, the ship shall be equipped accordingly. This equipment must be in a ready-to-use state at all times. Protective clothing and protective equipment must be worn by the crew members in the cases provided for. (8) In the case of accidents involving dangerous goods, which are involved in the transport of seagoing vessels, including the associated loading and unloading operations, and The authorities responsible under national law, in the federal ports and on federal waterways, shall be required to inform the competent authorities of the electricity and maritime transport authorities in the Federal Republic of Germany. (9) All of the transport Dangerous goods involved have the competent authorities in the event of an accident , and to provide all necessary information without delay in order to combat the damage. Those who regularly produce, distribute or receive dangerous goods must be informed by the competent authorities of the seaports and the Havariekommando, the joint establishment of the Federal Government and the coastal countries, the Maritimes Situation Centre, Am Alten Hafen 2, 27472 Cuxhaven, Require a telephone number to provide all available information on the properties of the dangerous goods and measures to combat the accident and the recovery of the damage. (10) The competent authorities shall inform the Federal Ministry of Transport and Digital Infrastructure on Accidents dangerous goods referred to in paragraph 8, in so far as the circumstances of a single accident have a discernible effect on the safety rules. (11) On each seagoing ship entitled to carry the national flag and dangerous goods in a packaged form or in solid form as bulk material, the ship ' s guide and the officer responsible for the cargo must be instructed in accordance with their duties and responsibilities in accordance with the rules governing the transport of dangerous goods rules. The instruction must also refer to the possible risks of injury or injury as a result of incidents. The instruction shall be repeated at regular intervals of no more than five years. The date and the content of the instruction shall be recorded immediately after the instruction, the records shall be kept for five years and shall be submitted to the worker and to the competent authority upon request. After the retention period has expired, the records shall be deleted immediately. (12) Land personnel who carry out tasks under subsection 1.3.1.2 of the IMDG Code shall be required to perform the tasks independently in accordance with the provisions of the Chapter 1.3 of the IMDG code. The instruction shall be repeated at regular intervals of no more than five years. The date and the content of the instruction shall be recorded immediately after the instruction, the records shall be kept for five years and shall be submitted to the worker and to the competent authority upon request. After the retention period has expired, the records must be deleted immediately. (13) The respective local safety regulations for ports and other berths relating to the introduction, provision and handling of dangerous goods remain unaffected. Unofficial table of contents

§ 5 Exceptions

(1) The authorities responsible under national law may, in their area of responsibility, the Directorate-General for Waterways and Shipping at national ports, at the request of individual cases or, in general, for certain applicants, derogations from this Permit or accept exceptions to other States, to the extent that:

1.

pursuant to Section 7.9.1 of the IMDG Code, or

2.

in accordance with Chapter 1, point 1.5.1 and the relevant substance page of the IMSBC code, or

3.

in accordance with Chapter 1, point 1.4 of the IBC Code, or

4.

pursuant to Chapter 1, point 1.4 of the IGC Code

is admissible. In principle, the applicant shall demonstrate, through an expert opinion, that the derogation applied for is at least as effective and secure as the provisions of the codes referred to in the first sentence. (2) Where exceptions are permitted, shall be given in writing and subject to withdrawal in the event that the security measures imposed are insufficient to limit the risks posed by the transport. Exceptions may be granted for a maximum of five years. (3) A copy or transcript of the derogation shall be handed over to the carrier with the consignment and be carried on the seagoing ship. (4) The Federal Ministry of Transport and Digital Infrastructure may enter into bilateral or multilateral agreements with other states on exceptions under Section 7.9.1 of the IMDG Code. (5) The Federal Direct Trade Association responsible for ship safety may contact the competent authorities. other states shall conclude trilateral agreements on

a)

Exceptions to Section 1.5 of the IMSBC Code or to Chapter 17 of the IBC Code, in conjunction with Rule 6.3 of Annex II to the MARPOL Convention, or

b)

the transport of substances which are not listed in the IMSBC code or which are not listed in the IBC code, in accordance with Section 1.3 of the IMSBC Code or in Chapter 17 of the IBC Code.

For the classification of the substances and the definition of the conditions of carriage according to the IMSBC code, the requirements according to point 1.3.3 of the IMSBC code must be observed. The trilateral agreements shall be concluded between the competent authorities of the Member States in which the port of loading and the port of unloading are situated and the flag State administration concerned. The Bundesimmediate Berufsgenossenschaft, which is responsible for ship safety, leads with the respective competent German port authority agreement before the conclusion of an agreement according to the first sentence. (6) In the case of national transport by ships in the case of a German flag, the Bundesimmediate Berufsgenossenschaft, which is responsible for ship safety, may grant an exemption pursuant to the first sentence of paragraph 5 (a) or grant an authorization pursuant to the first sentence of paragraph 5 (1) (b) if the competent authority Port authorities of the charging port and the port of extinguishing agree. Unofficial table of contents

§ 6 responsibilities

(1) The Federal Ministry of Transport and Digital Infrastructure shall be responsible for the implementation of this Regulation in all cases in which tasks have been delegated to competent authorities in accordance with the rules referred to in Article 2 (1); and (2) The competent authority under national law in whose territory a company involved in the transport of dangerous goods has its registered office shall be responsible for the supervision of the Understatement of employees in accordance with § 4 (11) and (12). The authorities responsible under national law, in the territory of which

1.

the port of transhipment,

2.

the port of fire if dangerous goods have been loaded outside the scope of this Regulation, or

3.

the port of origin or register if the port of fire does not belong to the scope of this Regulation,

, are in favour of the entry into force of the local safety rules in ports pursuant to § 4 (13) and for the establishment of traffic congestion and separation rules for dangerous goods in all cases where the IMDG code is subject to a competent authority (3) In addition to the competent authorities of the Länder, the authorities responsible for the implementation of this Regulation shall also be responsible for monitoring the supervision referred to in Article 9 (1) and (2) of the Regulation. Transport of dangerous goods during loading on seagoing ships in port facilities on behalf of the The Federal Office of Equipment, Information Technology and Use of the Armed Forces is responsible for the implementation of this Regulation if the Federal Office of the Federal Armed Forces (Bundeswehr) is responsible for the implementation of this Regulation. (4) IMDG-Code for dangerous goods of class 1, which are intended for military use, must act as a competent authority. (5) The Federal Institute for Materials Research and Testing is responsible for:

1.

the type-approval of packaging, IBC, large-scale packaging and transportable pressure equipment and for the approval of the design of other transportable tanks and gas containers with several elements (MEGC) and for the approval of Bulk goods containers which are not freight containers, as well as for the recognition of test sites for audits to IBC and in all cases where in the IMDG code a competent authority for packaging, IBC, large packagings, transportable pressure equipment and other transportable tanks have been assigned tasks, as well as in all cases, in which the IMDG Code for Dangerous Goods of Class 1, except for military use, of Classes 2, 3, 4.1, 4.2, 4.3, 5.1, 5.2, 7 with regard to the examination and authorisation of radioactive substances, the examination subject to authorisation the consignment and the quality assurance and monitoring of dispatch and class 9-excluding marine pollutants-and, in accordance with the EmS Guide, a competent authority must be active;

2.

the recognition and supervision of test centres for first-time, recurrent and extraordinary tests and for the intermediate testing of transportable pressure equipment, provided that a test centre also provides for the initial, recurrent and exceptional The Federal Institute for Materials Research and Testing (Bundesanstalt für Materialforschung und -prüfung) performs its tasks in consultation with the Benennenden Authority in accordance with § 2 point 9 of the ODV in application of the Provisions as defined in subsection 1.8.6.6 ADR/RID.

(6) The Federal Office for Radiation Protection is responsible for the implementation of this Regulation if a competent authority has to act in the IMDG Code for Dangerous Goods of Class 7-with the exception of the cases referred to in paragraph 5. (7) The Federal Environment Agency is responsible for the implementation of this Regulation if a competent authority has to act in the IMDG code or in the IMSBC Code for Marine Poles. (8) The Federal Accident Insurance Association responsible for ship safety is responsible for

1.

Certificates of appropriation in accordance with the provisions referred to in Article 3 (1);

2.

the conclusion of trilateral agreements pursuant to § 5 (5),

3.

Exceptions pursuant to Article 5 (6) and

4.

the issuing of certificates as referred to in point 1.3.2 of the IMSBC Code.

(9) The test bodies recognised by the Federal Institute for Materials Research and Testing in accordance with paragraph 5 (2) shall be responsible for:

1.

the type-examination and the initial, recurrent and extraordinary testing of transportable tanks and gas containers with several elements (MEGC) under subsections 6.7.2.19, 6.7.3.15, 6.7.4.14 and 6.7.5.12 of the IMDG code; and

2.

the type-examination and the initial, periodic and extraordinary testing of tanks of the road transport vehicles referred to in paragraphs 6.8.2.2.1 and 6.8.2.2.2, and the tests relating to the issue of the certificate referred to in paragraph 6.8.3.1.3.2; 6.8.3.2.3.2 and 6.8.3.3.3.2 of the IMDG Code.

(10) The experts or departments appointed by the Federal Ministry of Defence shall be responsible for the Bundeswehr and the foreign armed forces responsible for:

1.

the approval, first-time and recurrent testing of pressure vessels in accordance with subsection 6.2.1.4 to 6.2.1.6 IMDG-Code,

2.

the inspection and testing of the IBC under subsection 6.5.4.4 IMDG-Code,

3.

the type-examination and the initial, recurrent and extraordinary testing of transportable tanks and gas containers with several elements (MEGC) under subsections 6.7.2.19, 6.7.3.15, 6.7.4.14 and 6.7.5.12 of the IMDG code; and

4.

the type-examination and the initial, periodic and extraordinary testing of tanks of the road transport vehicles referred to in paragraphs 6.8.2.2.1 and 6.8.2.2.2, and the tests relating to the issue of the certificate referred to in paragraph 6.8.3.1.3.2; 6.8.3.2.3.2 and 6.8.3.3.3.2 of the IMDG Code.

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Section 7 Loading of dangerous goods

(1) Before the loading of packaged dangerous goods, the ship's guide or the loading instructions charged with the planning of the loading shall be determined. The ship's guide and the officer must comply with the provisions of the IMDG code and the rules laid down in Chapter II-2 of Regulation 19 of the SOLAS Convention. (2) Dangerous goods may be used by the person responsible for the handling of the handling. are stored on a seagoing ship only in accordance with the written stowage instructions. The ship's guide shall ensure that the congestion instructions and the congestion and separation requirements of the IMDG code or, where applicable, the congestion and separation requirements of the IMSBC Code and the provisions of Chapter II-2 Rule 19 of the SOLAS Convention, where applicable, is complied with. Before leaving the sea, the stowage of the dangerous goods shall be entered in the transport documents or in a special list (manifest) of dangerous goods, unless this information is to be found in a accompanying stowage plan. (3) The The ship's guide shall ensure that the load is carried out in compliance with the guidelines for the appropriate congestion and safety of cargo during transport with seagoing ships, as amended by the Notice of 13 December 1990 (BAnz. No 8a of 12 January 1991), as last amended by the Notice of 7 February 2011 (VkBl. 119). The ship's guide has to ensure that the charge accumulation and securing is completed before the end of the run and that it is still present when it is being placed in the port of destination. (4) Packaging, repackaging, IBC, bulk packaging, bulk material container, Transportable pressure equipment, other transportable tanks and freight transport units with dangerous goods, which are in a condition which does not allow safe transport, may not be loaded on seagoing ships. (5) The Ship leader may use dangerous chemicals that are the IBC code or the BCH code , only if the minimum requirements set out in Chapter 17 of the IBC Code or Chapter IV of the BCH Code are met. (6) The ship's guide shall be allowed to use liquefied gases containing the IGC code or the GC code. are subject to compliance only if the minimum requirements for the material in question in Chapter 19 of the IGC Code or Chapter XIX of the GC Code are met. (7) The ship's guide shall only be permitted to carry out dangerous bulk materials of Group B of the IMSBC Code if the loading rooms comply with the applicable requirements laid down in Chapter II-2 Regulation 19, Table 19.2 of the SOLAS Convention, and the conditions of carriage listed on the relevant substance pages of the IMSBC Code are complied with. Unofficial table of contents

Section 8 Documents relating to the transport of dangerous goods with sea-going vessels

(1) For packaged dangerous goods, the following requirements shall be met:

1.

The consignor has to draw up a transport document for transport. The transport document shall include the information required in section 5.4.1 of the IMDG Code, the name and address of the issuing company and the name of the person responsible for the obligations of the entrepre or holder of the holding as a Consignor perceim, contain.

2.

Various items of one or more of the classes may be listed together with the required information in a transport document if, in accordance with Chapters 3.2, 3.3, 3.4, 3.5 or 7.2 to 7.7 of the IMDG Code, the Stauen in a transport document is included in a transport document. Cargo space or a freight transport unit is authorised.

3.

Where packaged dangerous goods are packed or loaded in freight transport units, the person responsible for packing or loading shall issue the certificate required under section 5.4.2 of the IMDG Code (CTU packing certificate) or its contents shall be included in the transport document.

4.

A carrier responsible for the carriage of dangerous goods by sea-going vessels shall, in good time before loading, submit or submit to the carrier the following documents:

a)

the transport document referred to in point 1;

b)

the certificate referred to in point 3;

c)

the documents referred to in Article 3 (6) (1) (2) and (3), where applicable, and

d)

all other documents required for the transport referred to in paragraph 5.1.5.4.2, Section 5.4.4 and subsections 5.5.2.4 and 5.5.3.7 of the IMDG Code.

5.

The carrier or his representative shall, before the loading of dangerous goods, hand over the document referred to in paragraph 4 or a manifest or stowage plan of all dangerous goods referred to in point 4, or have it delivered to the ship ' s guide Transmission of data. Where a manifest or a stowage plan is submitted or transmitted, the information provided in subsections 5.4.1.4 and 5.4.1.5 of the IMDG code shall be complete and correct from the transport document into the hazardous material manifest or the congestion plan. taking over. The name and address of the issuing company as well as the name of the person responsible for the preparation of the hazardous material manifesto or of the congestion plan shall be noted in the manifest or in the stowage plan. Where the documents referred to in point 4 are not attached, the carrier or his representative shall, at any time, keep such documents available to the person concerned up to the dates referred to in paragraph 7 and to submit them for consideration at the request of the competent person.

6.

The consignor shall have a copy of the transport document referred to in point 1 and the carrier or his representative shall have a copy of the documents referred to in point 4 or a copy of the manifest or congestion plan for a period of three years. To keep months from the end of transport in accordance with subsection 5.4.6.1 of the IMDG code and to delete immediately after expiry of the retention period, if the deletion does not prevent the deletion of legal retention periods.

7.

The consignor shall ensure that information in accordance with paragraphs 5.1.5.4.2, 5.5.2.4.1 and 5.5.3.7.1 of the IMDG code is entered in a connossement or consignment note.

(2) For dangerous bulk materials, the following requirements shall be met:

1.

The consignor has to draw up a written charge information. The charge information shall include the information required in Section 4.2 of the IMSBC Code, the name of the issuing company and the name of the person responsible for the obligations of the operator or holder as a consignor for the sole responsibility of the person responsible for the charge. is true. If it is transmitted through the transmission of data, the required signature may be replaced by the name of the person entitled to the signature.

2.

If a special certificate is required in the case of hazardous bulk materials of Group B on the applicable material side, the consignor shall ensure that this certificate is present.

3.

In the case of dangerous bulk materials, which are not listed in the IMSBC code and assigned to Group B, the consignor has to ensure that the official authorisation required by Section 1.3 of the IMSBC Code is available.

4.

Those who place fixed dangerous bulk materials in a seagoing vessel shall ensure that the cargo information referred to in point 1 and, where applicable, a special certificate as referred to in point 2 and the authorisation referred to in point 3, before loading, shall be made available to the skipper before loading. will be passed.

(3) Anyone who invites or leaves dangerous bulk goods in liquid or liquefied form into a seagoing vessel shall ensure that the following information is provided to the skipper before loading in writing or by way of the remote data transmission shall be forwarded:

1.

Substance Name,

2.

MARPOL pollution category, if applicable,

3.

Charge temperature, density and flashpoint, if this is not more than 60 ° C,

4.

Emergency measures to be taken in the event of release, body contact and fire;

5.

if applicable, any further information required under Section 16.2 of the IBC Code, Section 5.2 of the BCH Code, Section 18.1 of the IGC Code, or Section 18.1 of the GC Code.

(4) The ship ' s guide of a ship carrying dangerous goods shall carry the following documents:

1.

if the seagoing vessel is carrying the flag,

a)

an imprint of this Regulation,

b)

the MFAG;

2.

in the case of the transport of dangerous goods in a packed form,

a)

the IMDG-Code,

b)

the EmS Guide,

c)

the documents required in Section 5.4.3 of the IMDG Code,

d)

in addition to the dossier required in paragraph 2.0.5.3.2 of the IMDG code, in the case of the international transport of hazardous waste,

e)

the required certificate under Chapter II-2 Rule 19 of the SOLAS Convention;

f)

a certificate according to the INF Code, where radioactive substances are transported which are subject to the INF code;

3.

in the case of the transport of dangerous goods in solid form as bulk,

a)

a transport document which meets at least the requirements laid down in Chapter VI, Part A, Regulation 2 of the SOLAS Convention;

b)

the required certificate under Chapter II-2 Rule 19 of the SOLAS Convention;

c)

in the case of the international transport of hazardous waste, in addition to the accompanying documents required in accordance with the Basel Convention,

d)

the IMSBC code;

4.

in the transport of liquid substances which are subject to the IBC code or liquefied gases subject to the IGC code,

a)

The IBC code or the IGC code,

b)

the BCH code or the GC code, if applicable, and the ship will carry the flag of the Federal Republic,

c)

the documents required in Section 16.2 of the IBC Code or Section 18.1 of the IGC Code,

d)

the documents required in Chapter V, Section 5.2 of the BCH Code or Chapter XVIII, Section 18.1 of the GC Code, where applicable and when the vessel is carrying the Federal flag,

e)

in addition, in the case of the international transport of hazardous waste, the documents required by Chapter 20, point 20.5.1 of the IBC Code or Chapter VIII, point 8.5, of the BCH Code.

The carrier shall ensure that the documents referred to in paragraph 4 (2) (c) and (d), (3) (a) and (c) and (4) (c), (d) and (4) (c), (d) and (4) are carried by the carrier. The shipowner shall ensure that the documents referred to in paragraph 4 (1), (2) (a), (b), (b), (e) and (f), (3) (b) and (d) and (4) and (4) (a) and (b) are carried by the skipper. (6) Instead of the documents referred to in paragraph 4 (2), The provisions of points (a) and (b), (3) (d) and (4) (a) and (b) may be carried out in accordance with the rules laid down by the International Maritime Organisation (IMO). (7) The ship's guide The ship carrying the flag shall have the following provisions: Keep records up to the end of the journey. If data processing systems are used, the information stored thereon is to be kept until the end of the journey. The documents referred to in the first sentence and the information stored in accordance with the second sentence shall be kept on the seagoing ship even after the end of the journey until the accident investigation has been completed, if accidents have been reported in accordance with Article 4 (8). (8) The The ship ' s guide shall submit the documents required under paragraphs 4, 6 and 7 and in accordance with Article 3 (6), or the expression from the data processing systems, on request for consideration. Unofficial table of contents

§ 9 Duties

(1) The consignor and the consignor of the consignor

1.

, packaged dangerous goods may be delivered for carriage only if they are approved for transport in accordance with the IMDG code,

2.

, packaged dangerous goods may be delivered for carriage only if a transport document has been drawn up in accordance with Article 8 (1) (1) or if, in another document relating to the carriage, the entries in accordance with Article 8 (1) point 7 have been made,

3.

may only be used for dangerous goods packaging, IBC, large packagings, transportable tanks, multi-element gas containers (MEGC) or bulk containers if they are used for the items in question in accordance with Chapter 3.2 in conjunction with the Chapters 3.3, 3.4, 3.5, 4.1, 4.2, 4.3 and 7.3 of the IMDG code and the approval marks required by the IMDG code, or approval of the competent authority for bulk goods containers which are not freight containers has been granted,

4.

may only fill transportable tanks or multi-element gas containers (MEGC) if the measures of Chapter 4.2 of the IMDG Code are respected,

5.

bulk goods containers may only be filled if the measures of chapter 4.3 of the IMDG code are respected,

6.

may only unpack dangerous goods if this is permitted under Chapter 3.2 in conjunction with Chapter 3.3, subsections 3.4.4.1 and 3.5.8.2 and Chapter 7.2 of the IMDG Code,

7.

Packaging, repackaging, IBC, large packaging, transportable tanks, multi-element gas containers (MEGC) or bulk containers may only be delivered if, in accordance with Chapter 3.2, in conjunction with Chapters 3.3, 3.4, 3.5, the Sections 5.1.1 to 5.1.4 and 5.1.6 and 5.1.5.4.1 and Chapters 5.2 and 5.3 of the IMDG Code are marked, labelled and placated,

8.

goods transport units which have been gassed or contain substances for cooling or conditioning purposes which may constitute a risk of suffocation shall be surrendered only if they are subject to the conditions laid down in subsections 5.5.2.3 or 5.5.3.6 of the IMDG codes are identified,

9.

may only pass on the transport document if Section 8 (1) (1) is complied with,

10.

comply with the obligation to keep a copy of the transport document and to delete it after expiry of the retention period referred to in Article 8 (1) (6);

11.

dangerous bulk materials may be transferred for carriage only if they are approved for transport in accordance with the IMSBC code,

12.

dangerous bulk materials may be transferred for carriage only if the documents required in accordance with Article 8 (2) have been drawn up,

13.

dangerous bulk goods may be transferred in liquid or liquefied form for transport only if they are authorised for transport in accordance with the IBC code, BCH code, IGC code or GC code,

14.

Dangerous bulk goods may be transferred in liquid or liquefied form for carriage only if the information required pursuant to Article 8 (3) has been transmitted.

(2) The person responsible for packing or loading a freight transport unit shall be entitled to

1.

Ensure that packaging, IBC and large packagings in freight transport units can be stowed or stowed only if the requirements of Chapters 7.1, 7.2 and 7.3 of the IMDG Code are complied with and the sections 2, 3 and 4 of the CTU packing guidelines are observed,

2.

Carriage of goods for carriage only if it is labelled in accordance with Chapter 3.2 in conjunction with Chapter 3.3, Chapter 3.4, sections 5.1.1 to 5.1.4 and 5.1.6 and Chapter 5.3 of the IMDG Code and are plagued,

3.

Carriage of goods for carriage only if the CTU packing certificate is issued in accordance with Section 5.4.2 of the IMDG Code or the contents of which have been included in the transport document.

(3) If a carrier is charged with the transport of dangerous goods, the dangerous goods may only be delivered or delivered for loading, if § 8 (1) (4) is complied with. (4) The person responsible for the envelope shall be responsible for the handling of dangerous goods. The competent authorities shall inform the competent authorities in accordance with Article 4 (8). It may:

1.

(a) packaged dangerous goods on a seagoing ship only if the first sentence of Article 7 (2) is complied with;

2.

Packaging, repackaging, IBC, bulk material containers, transportable tanks, multi-element gas containers (MEGC) or freight transport units only loaded, if § 7 (4) is complied with,

3.

to load dangerous bulk materials only if the required documents are available in accordance with § 8 (2),

4.

dangerous bulk cargo in liquid or liquefied form only when the necessary information is available in accordance with § 8 (3).

(5) The carrier and the agent of the carrier

1.

dangerous goods may be accepted for carriage only if the relevant provisions referred to in Article 3 (1), (2) and (3) are complied with,

2.

may only be loaded with packaged dangerous goods, if § 8 (1) (5) and (5) are complied with,

3.

have the obligation to keep copies of the documents and to delete them after the expiry of the retention period in accordance with Section 8 (1) (6).

(6) The shipowner

1.

may only use a seagoing vessel for the transport of dangerous goods if the provisions of Articles 4 (7), first and second sentence, and Article 8 (5), second sentence, are complied with,

2.

Has to ensure that the ship's guide and the officer responsible for the cargo are instructed in accordance with § 4, paragraph 11, sentence 1 and 2, and that the records are kept according to § 4 paragraph 11 sentence 4 and 5 and after the retention period has expired will be deleted.

(7) The ship's guide must:

1.

ensure that all crew members involved in emergency measures are informed before the loading of dangerous goods or upon entering the ship in accordance with Article 4 (5);

2.

ensure the affixing of the signs in accordance with the second sentence of Article 4 (2) and the prohibition laid down in the first sentence of Article 4 (2) and the first sentence of paragraph 3,

3.

monitor the load in accordance with Article 4 (6);

4.

ensure that the equipment referred to in Article 4 (7) is in a ready-to-use condition at all times and that the crew members carry the protective equipment and protective clothing in the cases provided for,

5.

inform the competent authority in the event of accidents in accordance with Article 4 (8),

6.

keep and keep the required documents or the stored information in accordance with § 8 paragraph 7 and submit the documents or the printout from the data processing systems in accordance with § 8 paragraph 8 upon request for examination.

It may:

1.

only take over packaged dangerous goods and dangerous goods as bulk goods, if the second sentence of Article 7 (2) and the second paragraph of Article 7 (7) are complied with,

2.

to take over dangerous goods in liquid or liquefied form as bulk goods only if, where applicable, § 7 (5) or (6) is complied with,

3.

with a seagoing vessel that has loaded packaged dangerous goods only if § 7 (3) is complied with,

4.

In accordance with § 4 (4), no charge vapours for pressure or temperature control are dissected,

5.

carry dangerous goods only if:

a)

the equipment is in a ready-to-use state in accordance with Article 4 (7), third sentence,

b)

the required documents shall be carried out in accordance with Section 8 (4).

(8) The person authorized by the planning of the loading pursuant to § 7 (1) sentence 1 may only fix the congestion instructions if he complies with the second sentence of Article 7 (1). (9) The parties involved in the transport of dangerous goods shall have the following responsibilities in accordance with their responsibilities. To comply with the requirements of Chapter 1.4 of the IMDG Code. The manufacturers or distributors of dangerous goods involved in the transport of dangerous goods with a high risk of danger, the persons responsible for packing and loading freight transport units and the carriers must: Introduce and apply the security plans referred to in paragraph 1.4.3.2.2 of the IMDG Code, unless they are in Chapter XI-2 of the Annex to the SOLAS Convention and the International Ship and Port Facility Security Code (BGBl. (10) The companies involved in the transport of dangerous goods have to ensure that the employees are in a position to do so.

1.

in accordance with § 4 (12) sentence 1, and the records are kept according to § 4 (12) sentence 3 and 4 and are deleted after expiry of the retention period; and

2.

in accordance with subsection 5.5.2.2 and 5.5.3.2.4 of the IMDG code.

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§ 10 Administrative Offences

(1) Contrary to the provisions of Section 10 (1) (1) (b) of the Dangerous Goods Transport Act, those who intentionally or negligently act in accordance with the law

1.

as consignor or as representative of the consignor

a)

, contrary to Article 9 (1) (1), (11) or (13), the carriage of dangerous goods not authorised for carriage shall be given for carriage,

b)

, in accordance with Article 9 (1) (2), (12) or (14), transfers dangerous goods for transport,

c)

in the case of dangerous goods packaging, IBC, large packaging, transportable tanks, multi-element gas containers (MEGC) or bulk goods containers,

d)

fill tanks or gas containers with several elements (MEGC), which are movable in accordance with section 9 (1) (4),

e)

In accordance with Article 9, paragraph 1, point 5, bulk material container,

f)

in accordance with Article 9 (1) (6), it unpacks dangerous goods,

g)

, contrary to Article 9 (1) (7), packaging, repackaging, IBC, large-scale packaging, transportable tanks, multi-element gas containers (MEGC) or bulk material containers,

h)

, in accordance with Article 9 (1), point 8 of the freight transport units,

i)

Continue the transport document, contrary to Article 9 (1) (9), or

j)

shall not retain a copy, or not at least three months, in accordance with point 10 of paragraph 1 of this Article;

2.

as the person responsible for packing or loading a freight transport unit

a)

, contrary to Article 9 (2) (1), packaging, IBC or large-scale packaging in freight transport units can be stowed or stowed, or

b)

, in accordance with Section 9 (2), point 2 or 3, of the goods transport units;

3.

as the person responsible for supplying a carrier with the transport of dangerous goods, contrary to Article 9 (3), to supply or supply dangerous goods for loading;

4.

as the person responsible for the envelope

a)

, contrary to the first sentence of Article 9 (4), the competent authorities shall not inform the competent authorities or

b)

, contrary to Article 9 (4), second sentence, number 1, dangerous goods are stored on a seagoing ship,

c)

, contrary to § 9 (4) sentence 2, point 2, packaging, repackaging, IBC, bulk goods containers, transportable tanks, multi-element gas containers (MEGC) or freight transport units,

d)

, contrary to Article 9 (4), second sentence, point 3, loading dangerous bulk materials; or

e)

, contrary to Article 9 (4), second sentence, point 4, charges dangerous bulk goods in liquid or liquefied form;

5.

as carriers or as agents of the carrier

a)

accepts dangerous goods for transport, contrary to Article 9 (5) (1);

b)

, in accordance with Article 9 (5) (2), the packaging of dangerous goods is loaded or

c)

shall not retain a copy, or not at least three months, in accordance with section 9 (5) (3);

6.

as shipowners

a)

, contrary to Article 9 (6) (1), a seagoing vessel or

b)

Contrary to Article 9 (6) (2), it does not ensure that:

aa)

a person referred to in that person shall be referred to or

bb)

a record shall be kept for at least five years;

7.

as a guide

a)

, contrary to Article 9 (7), first sentence, point 1, for informing the crew members involved in emergency measures, or not, in a timely manner,

b)

does not ensure compliance with a ban referred to in Article 9 (7), first sentence, point 2,

c)

Contrary to Article 9 (7), first sentence, point 3, the charge is not monitored,

d)

Contrary to Article 9 (7), first sentence, point 4, the equipment shall not be in a ready-to-use condition or the protective equipment and protective clothing shall be worn by the crew members,

e)

, contrary to Article 9 (7), first sentence, point 5, the competent authorities shall not inform the competent authorities or not

f)

Contrary to Article 9 (7), first sentence, point 6, a document or information shall not be held or a document or an expression shall not be presented in due time,

g)

in accordance with the second sentence of Article 9 (7), point 1 or 2 dangerous goods,

h)

Contrary to Article 9 (7), second sentence, point 3, expires with a seagoing vessel,

i)

, in accordance with Article 9 (7), second sentence, point 4 of the cargo loss or

j)

, contrary to Article 9 (7), sentence 2, point 5, carries dangerous goods

8.

Than with the planning of the loading officer, in contrast to § 9 (8) of the congestion instructions, or

9.

as an entreprenter, contrary to Article 9 (10) (1), does not ensure

a)

an employee is instructed or

b)

a record shall be kept for at least five years.

(2) The responsibility for the prosecution and prosecution of administrative offences referred to in paragraph 1 shall be within the scope of the limitation of the German territorial sea, the federal waterways and the national ports to the Directorate-General for Waterways, and Shipping branch North and the Directorate-General for Waterways and Shipping Outdoors Northwest, each for their business unit. Unofficial table of contents

§ 11 (amendment of other provisions)

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§ 12 Transitional provisions

(1) Until 31 December 2013, the transport of dangerous goods by seagoing vessels may still be carried out in accordance with the provisions of this Regulation in the version valid until 31 December 2012. (2) § 3 (1) (1) and (2) shall apply to ships which shall: were constructed before 1 July 2002, with the proviso that, instead of the provisions of Chapter II-2 of Regulation 19 of the SOLAS Convention, the provisions of Chapter II-2 of Regulation 54 of the SOLAS Convention shall apply in the case of the SOLAS Convention, as applicable on 30 June 2002. (3) § 3 (1) (3) and (4) shall be applicable to ships built before 1 July 2002 , with the proviso that, instead of the provisions of Chapter II-2 of Regulation 16 (3) of the SOLAS Convention, the provisions of Chapter II-2 of Regulation 59 of the SOLAS Convention shall be complied with in the version in force on 30 June 2002. (4) (4) (5) § 7 (1) sentence 2 shall apply to ships constructed before 1 July 2002, subject to the proviso that, instead of the restrictions laid down in the certificate referred to in Chapter II-2, Rule 19 of the SOLAS Convention, the Restrictions in the certificate provided for in Chapter II-2 Rule 54 of the SOLAS Convention, in which it is certified on 30 June (6) § 8 (4) (2) (e) and (3) (b) shall apply to ships constructed before 1 July 2002, subject to the proviso that the required certificate shall be issued for such ships in accordance with the provisions of Chapter II-2 Rule 54 of the SOLAS Convention, as amended on 30 June 2002. (7) The Federal Institute for Materials Research and Testing (Bundesanstalt für Materialforschung und -prüfung) pursuant to Article 6 (5) of the German Dangerous Goods Ordinance (dangerous goods regulation) in the up to 3 December 2011 shall be allowed to apply to them in accordance with Article 6 (9) of the same Regulation in the case of tasks carried out until 31 December 2014. Unofficial table of contents

§ 13 (Entry into force, expiry of the external force)

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