Implementing Act to the Convention of 9 September 1996 on the collection, supply and acceptance of waste in the Rhine and inland waterways

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Rhein/BinSchAbfÜbkAG

Date of completion: 13.12.2003

Full quote:

" Implementing Act to the Convention of 9 September 1996 on the collection, discharge and acceptance of waste in the Rhine and inland waterway of 13 December 2003 (BGBl. 2642), as last amended by Article 1 of the Law of 18 September 2013 (BGBl). I p. 3602) "

Status:

Last amended by Art. 1 G v. 18.9.2013 I 3602

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 19.12.2003 + + +) 
  
In effect.  Bek.  v. 8.1.2010 II 76 am 1.11.2010 

  

Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

§ 1

(1) The operators of ports and commercially operated, fortified transhipment points which are subject to the provisions of Annex 1 to the Convention of 9 September 1996 concerning the collection, delivery and acceptance of ship-borne waste in the Rhine and inland waterways (Convention) are to set up acceptance points for household waste, slops and other special waste as defined in Article 8.01 (b), (d) and (e) of the application provision in Appendix 2 to the Convention. The acceptance points for slops and other special waste shall be set up within five years of the entry into force of the Convention. (2) The operators of regular passenger ships for passenger ships within the scope of the Convention shall have access to them for the purposes of the (3) The operators of the landing points of certain cabins or passenger ships, referred to in Article 8.02 (3) of the application in Appendix 2 to the Convention, of certain cabins or passenger ships in the shall be subject to the provisions referred to in Article 9.01 (3) of the (4) The establishment and operation of the oil-and-waste-water supply points. (4) The establishment and operation of the oil-and-waste-water-waste-water supply points. (5) The operators of terminals located on the waterways referred to in paragraph 1 or in ports situated in it shall be responsible for the management of the ship's waste. Points of acceptance for waste from the cargo area within the meaning of Article 1 (f) of the Convention to be adopted in connection with the cargo on board the ships and to be adopted in accordance with Part B of the application in Appendix 2 to the Convention, to be established within five years of the entry into force of the Convention and to commission or to commission appropriate third parties, or to assign to the cargo or ship's guides for wash water an existing acceptance point within the meaning of Article 7.05 (3) of the application provision in Appendix 2 to the Convention. (6) The operators of ports and transshipment centres under the obligation referred to in paragraph 1 may in respect of the acceptance of slops and other special waste, agreements on the nature and scope of the points of acceptance to be set up in individual ports or transhipment points. (7) The parties to the relevant agreements referred to in paragraph 6 must: establish a plan of needs for the establishment of a network of points of acceptance in the waterway sector, which is sufficiently dense for the operational needs of inland waterway transport, and the network of ports participating in the agreement as a whole, and Cover points are recorded. When establishing the demand plan, the different traffic volumes in certain waterway areas and the different requirements for the acceptance points in each of the different ports and handling stations, depending on the type and nature of the product, can be used. (8) The requirement plan for the network of acceptance points is subject to approval by the competent national authority. (9) The parties involved in an agreement in accordance with paragraph 6, in a approved needs but not listed ports and Transfer points shall be exempt from the obligation referred to in paragraph 1. The agreement referred to in paragraph 6 may also lay down that, and in what proportion, these ports or transhipment points shall contribute to the costs of the ports and transhipment points listed as acceptance points in the demand plan. In this connection, particular effort can be taken into account of the types and quantities of waste which are primarily produced in the case of the individual participants, as well as the particular expenditure associated with the establishment and operation of certain acceptance points. (10) The further disposal of the Acceptance points within the scope of this law according to the provisions of the Convention shall be determined according to the applicable waste law and waste water law of the federal government and the country responsible for the respective acceptance point. Unofficial table of contents

§ 1a

The skipper of a vehicle which does not refute any gas oil within the meaning of Article 1 (m) of the Convention and whose oil and fat-containing ship-operating waste is not disposed of via the system provided for in Article 6 of the Convention shall have a to provide appropriate proof of the last disposal or disposal of the oil and fat-containing ship operating waste to a company entrusted with the maintenance of the engines for at least twelve months on board. The time limit for the sentence 1 shall begin at the end of the year in which the disposal or delivery has been carried out. Unofficial table of contents

§ 1b

(1) The operators of a bunker, the charterers, the beneficiaries or the operators of a terminal, the operators of a terminal, the operator of a terminal, the ship's operators and the ship's drivers are in respect of the application of the provisions of application in Appendix 2 to the Convention requires, in the event of checks to be carried out on request, to provide comprehensive and truthful information on the facts which are necessary for the monitoring of compliance with the requirements of the Convention; of the Convention, and in accordance with the provisions of the Convention To submit certificates and certificates immediately upon request. The information provided by the person concerned may refuse to answer any such questions, the answers to which he or she himself or one of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure is liable to prosecution or (2) The operator of a bunker is obliged to apply the provisions of Appendix 2 to the Convention,

1.

in the case of payment of the disposal fee via the electronic payment system referred to in Article 3.03 (4)

a)

in the case of bunkers, the disposal fee referred to in Article 3.03 (5), second sentence, point (d), first sentence, by means of a magnetic card from the ship ' s guide and a mobile electronic terminal of the electronic payment system within the meaning of Article 3.01 (c) b to be booked,

b)

immediately after each bunker operation, a copy of the reference certificate for gas oil to be produced in accordance with the first sentence of Article 3.04 (1), with the receipt of the receipt for the payment of the fee referred to in Article 3.04 (2) sentence 1 to be handed out;

2.

in the case of the written procedure referred to in Article 3.03 (6)

a)

After each bunker operation, immediately hand out a copy of the reference certificate for gas oil to be produced in conjunction with paragraph 3, in accordance with the first sentence of Article 3.04 (1),

b)

to submit the information referred to in the first sentence of Article 3.03 (7) not later than seven days after the bunker process to the national institution;

3.

a further copy of the documents referred to in point 1 (b) or (2) (a) referred to in the third sentence of Article 3.04 (2) shall be kept at the office of bunkers for at least 12 months.

The time-limit for the storage of the documents referred to in the first sentence of paragraph 3 shall begin with their respective handouts. (3) The ship operator shall be obliged to ensure that, before each Bunker operation of one of its vessels shall be provided with a sufficient credit in accordance with the provisions of Article 3.03 (5) (c) of Annex 2 to the Convention, on its ECO account, with the national institution. If, on the basis of one of the cases referred to in Article 3.03 (6) of Annex 2 to the Convention, the disposal fee is paid by written procedure, by way of derogation from the first sentence, the ship operator shall, upon request, receive the amount due to transfer the national institution to the institution without delay. In the cases referred to in Article 3.03 (6) (b) and (c) of Annex 2 to the Convention, the transfer must also include the administrative fee to be paid pursuant to Article 3.03 (8) of Annex 2 to the Convention. (4) The operator of a In the case of unloading of the vehicle, in addition to the loading receiver or the operator of a cargo handling facility, which is responsible for the unloading of the vehicle, shall be obliged to apply the provisions of Appendix 2 to the Convention, at the latest after the completion of the acceptance of a ship's operating waste, the unloading of a vehicle or, in so far as it has assumed the task of washing the cargo spaces or loading tanks, the washing, in each case properly in the documents referred to below in accordance with sentence 2, as follows:

1.

in accordance with the second sentence of the second sentence of Article 2.03 (2) of Annex 2 to the Convention, the acceptance in the oil-control-book of oil and fat-containing ship-related waste in accordance with the model referred to in Annex I;

2.

in accordance with Article 7.01 (1) of Annex 2 to the Convention, the unloading of the vehicle and, in so far as it has taken over the task of washing the cargo spaces or loading tanks, the washing and acceptance of the waste from the cargo area in the a certificate of unloading in accordance with the model laid down in Annex IV to Annex IV;

3.

in accordance with Article 7.01 (2) of Appendix 2 to the Convention, the acceptance of washing water in the unloading certificate in accordance with the model set out in Annex IV to Annex IV;

4.

in accordance with Article 9.03 (3) of Annex 2 to the Convention, the acceptance of sewage sludge in a certificate of acceptance which contains at least

a)

Date of adoption,

b)

the name of the ship and the single European vessel number,

c)

the location of the point of acceptance,

d)

the address of the operator of the place of acceptance or the disposal of the waste disposal agent;

e)

the quantity of sewage sludge that has been adopted;

f)

the signature of the operator of the place of acceptance or of the waste disposal operator and of the ship ' s guide;

5.

in accordance with Article 10.01 (2) of Annex 2 to the Convention, the acceptance of slops in a certificate of acceptance, which shall contain at least

a)

Date of adoption,

b)

the name of the ship and the single European vessel number,

c)

the location of the point of acceptance,

d)

the address of the operator of the place of acceptance or the disposal of the waste disposal agent;

e)

the amount of slops that have been accepted,

f)

Signature of the operator of the place of acceptance or of the disposal agent and of the ship ' s guide.

The skipper shall be obliged to immediately, and at the latest in the case of the entries referred to in points 1 to 5 of the first sentence, the entries to be received by him, after the ship's operating waste or cargo, including the cargo waste, has been delivered. Request by the operator of the acceptance point. Unofficial table of contents

§ 1c

(1) Competent authority for the technical investigations of vehicles in accordance with the provisions of the Convention shall be the central office of the Vessel Investigation Commission/shipyards at the Directorate-General for the area of federal waterways. Waterways and shipping with the investigative commissions established by their external offices. (2) The competent authorities responsible for the interpretation or renewal of the oil control book within the meaning of Article 2.03 (1) of Annex 2 to the Convention are: for the area of federal waterways

1.

in the case of vehicles subject to investigation, in the case of initial grant, the Central Agency for the Submission Commission/Shipyards of the Directorate-General for Waterways and Shipping with the bodies set up at their external offices Commission of inquiry;

2.

in the case of vehicles subject to investigation, the water and shipping offices in the case of renewal;

3.

in the case of vehicles which are not subject to investigation, the water and shipping offices.

(3) In place of the examination by the competent authority of a system of succession within the meaning of Annex II to Appendix 2 to the Convention, tests may also be carried out by a classification society recognised in accordance with the rules of the inland waterway search order (4) The Federal Ministry of Transport, Building and Urban Development may, by means of a regulation without the consent of the Federal Council, within the framework of paragraph 1 or 2 legal persons of private law, the exercise of individual tasks (5) A person responsible for the Area of inland waterways issued by the competent authority of a country in accordance with the national legislation certificate referred to in paragraph 1, or an oil control book referred to in paragraph 2, and a certificate issued by a recognised The classification society referred to in paragraph 3 shall be the same as a certificate or an oil control book in accordance with this Act, to the extent

1.

complies with the requirements of the Convention; and

2.

have not been granted any relief or local restrictions.

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§ 2

(1) The Federal Ministry of Transport, Building and Urban Development is authorized to do so by means of a legal regulation

1.

Details of the implementation of the provisions of Article 3 (1), Article 4 (3), Articles 11, 12 and 13 of the Convention and of the prohibitions contained in Annex 2 to the Convention on the Federal Waterways, in ports and in ports, Transfer facilities and other inland waterways,

2.

details of the uniform procedure for the collection and delivery of ship waste at the points of acceptance and proof of the proper disposal of the waste referred to in Article 4 (2) and of the application in Appendix 2 to the Convention,

3.

Details of the implementation of the procedure laid down in Article 6 (1) of the Convention for the financing of the adoption and disposal of oil-and fat-containing ship operating waste, including the freezing of the provisions of Article 6 (4) of the Convention Convention referred to in Annex 2 to the Agreement, the obligations of the shipyards and the bunkards, as well as the control of the charging and the costs of acceptance and the disposal referred to in Article 3.04 (2) to (7) of the application in Annex 2 to the Agreement. Convention,

4.

to lay down detailed rules for the financing of the acceptance and disposal of other ship operating waste in accordance with Article 7 of the Convention;

5.

To bring into force amendments to the annexes pursuant to Article 19 (5) of the Convention, which are within the framework of the objectives of the Convention.

(2) Legal orders referred to in paragraph 1 shall require the agreement of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, the legal regulations referred to in paragraph 1 (3), (4) and (5) also with the Federal Ministry of Finance. (3) Legal orders in accordance with the provisions of paragraph 1 (1) and (2), the Federal Council shall not require Unofficial table of contents

§ 3

(1) Contrary to the law, those who intentionally or negligently act

1.

, contrary to Article 1 (1), an acceptance point shall not be set up in time,

2.

Contrary to § 1 para. 2, no possibility of acceptance is provided,

3.

Contrary to the provisions of Article 1 (3), an acceptance point shall not be set up or shall not be set up in good time or not, or shall not be operated in due time and a third party shall

4.

Contrary to the first sentence of paragraph 1a, the evidence referred to in paragraph 1 of this Article shall not, or not be carried on board,

5.

, contrary to the first sentence of Article 1b (1), information is not provided, not correct, not complete or not in good time,

6.

(1) (1) (a) does not carry out a debit, is not carried out correctly or in good time,

7.

, contrary to the first sentence of Article 1b (2) (1) (b) or (2) (a), a document referred to in paragraph 1 (1) (b or 2)

8.

, contrary to Article 1b (2), first sentence, point 2 (b), does not transmit an indication, not in full or in good time,

9.

shall not, contrary to the first sentence of Article 1b (2), point 3, retain a document referred to therein, or not at least 12 months

10.

Contrary to § 1b, paragraph 4, sentence 1, an activity referred to there is not confirmed, not correct, completely or not in good time.

(2) Contrary to the law, who intentionally or negligently

1.

, contrary to Article 3 (1) of the Convention, including in connection with a regulation pursuant to Article 2 (1) (1), ship-generated waste or parts of the cargo into a waterway referred to therein, or

2.

in the case of a ship operator, in contravention of a provision of the application in Appendix 2 to the Convention, by:

a)

Contrary to Article 2.02 (1), first sentence, it does not ensure that oil-or fat-containing ship-operating waste on board is collected separately in containers or bilge water in the machine room bilge provided for that purpose,

b)

shall, in accordance with Article 2.02 (2) (a), (b) or (c), use a container as a waste-oil collection container, incinerate waste on board, or place a cleaning agent in the machinery space-frame,

c)

contrary to Article 2.03 (1), first sentence, the oil control book referred to in that paragraph shall not be on board,

d)

shall not, contrary to the third sentence of Article 2.03 (1), retain the above-mentioned oil control book, or not at least six months,

e)

contrary to the second sentence of Article 3.04 (2), in conjunction with the second sentence of Article 1b (2), a copy referred to therein shall not be kept on board, or not at least 12 months,

f)

shall not, contrary to the first sentence of the first sentence of Article 6.03 (1) or (2), have on board the unloading certificate referred to in that paragraph or not retain it

g)

continue to travel contrary to Article 6.03 (3), (4) or (6),

h)

does not ensure, contrary to Article 9.03 (1), first sentence or (2), that the waste referred to therein is collected and delivered separately, or that waste is burnt on board, or

i)

contrary to the provisions of Annex II, paragraph 3, sentence 6, the evidence referred to there is not carried on board.

3.

, as the operator of an acceptance point, contrary to Article 4 (3) of the Convention, also in connection with a legal regulation pursuant to § 2 (1) (1), ship-generated waste does not take on board,

4.

as the operator of a bunkerstelle, contrary to Article 3.04 (1), first sentence, of the application in Appendix 2 to the Convention, a proof of reference is not made or is not made in good time,

5.

in accordance with Article 7.08 of the application in Appendix 2 to the Convention, the obligation to comply with a provision of the application in Appendix 2 to the Convention is in breach of the Convention by:

a)

Contrary to Article 7.03 (2), the vehicle shall not ensure that the vehicle remains free of residues when loaded, or that any residues of transhipment arising after loading are removed, or

b)

, contrary to Article 7.04 (1) sentence 3 or 2 (2), does not provide for the state of the cargo tank referred to therein,

6.

as a respondent violates a provision of application in Appendix 2 to the Convention by:

a)

Contrary to Article 7.05 (2), the carrier does not assign to the carrier a place of acceptance of the washing water or does not assign it in time, or

b)

does not make an indication, not correct, not complete or timely, contrary to Article 7.09,

7.

in accordance with the provisions of Annex 2 to the Convention, as a recipient or pursuant to Article 7.08 of the application provision in Annex 2 to the Convention, it is contrary to the provisions of Annex 2 to the Convention, by:

a)

Contrary to Article 7.03 (3), sentence 1 or 2, the vehicle shall not ensure that the vehicle remains free of transhipment residues during unloading, or that any residues of transhipment that have been incurred are removed,

b)

, contrary to Article 7.04 (1) sentence 1 or (2), does not provide for the state of the cargo hold referred to therein, or

c)

contrary to Article 7.04 (1), the second sentence of the second sentence, does not accept any residual charges or residues;

8.

contrary to Article 7.05 (1) of the application provision in Appendix 2 to the Convention, the recipient does not accept the wash water and does not assign the ship's guide a point of acceptance,

9.

as the operator of a transhipment facility, contrary to Article 7.04 (1), first sentence, of the application in Appendix 2 to the Convention, does not accept the residual cargo, or

10.

as a ship operator, contrary to Article 9.03 (3) of the application provision in Appendix 2 to the Convention in conjunction with Section 1b (4), first sentence, point 4, it does not ensure that sewage sludge is disposed of against a proof referred to therein.

(3) The Penal Rules

1.

paragraph 1 (4), (5) and (10) and in paragraph 2 (2) (a) and (b) and

2.

of paragraph 2 (2) (c) to (i), (6) (a) and (8)

shall also apply in conjunction with a regulation pursuant to Article 2 (1) (2). (4) The provisions of the provisions of the provisions of paragraphs 6 to 9 of paragraph 1 and of paragraph 2 of paragraph 1 shall also apply in conjunction with a legal regulation pursuant to Article 2 (1) (3). (5) In the cases referred to in paragraphs 1, 2 (2) (a) and (b), (3) and (4), (3) (1) and (4), an administrative offence may be punishable by a fine of up to EUR 5 000 and, in the other cases, with a fine of up to a thousand euros. (6) Administrative authority within the meaning of Article 36 (1) (1) of the Code of Administrative Offences shall be included in the Area of the Federal Waterways, the Directorate-General for Waterways and Shipping. (7) (omitted) Unofficial table of contents

§ 4

(1) The services of the customs administration shall be entitled to communicate the conditions of the persons concerned to the national institution as protected under Article 30 of the Tax Code, to the extent that this is necessary in order to fulfil the obligations laid down in Article 6 (4) of the Convention, the shipleaders and the bunkards, as well as the control of the charging of fees. In the case of an electronic data transfer, § 87a (1) sentence 3 of the tax code must be observed. (2) The competent authority pursuant to § 1c (1) or (2), also in conjunction with a legal regulation pursuant to § 1c (4), and the competent authority national institutions within the meaning of Article 9 of the Convention may, for the purposes of controls and in order to carry out their other functions under the Convention and in this Act, exchange the data referred to therein, if: is required in each individual case for the performance of their tasks. (3) The transmitted Data shall be deleted by the consignee immediately after the respective task has been carried out in accordance with paragraphs 1 and 2, but at the latest after the end of a year following the transmission. Unofficial table of contents

§ 5

This Act shall enter into force on the date of the entry into force of the Convention of 9 September 1996 on the collection, delivery and acceptance of waste in the Rhine and inland waterways for the Federal Republic of Germany.