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Ship Safety Regulation

Original Language Title: Schiffssicherheitsverordnung

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Ship Safety Ordinance (SchSV)

Unofficial table of contents

SchSV

Date of completion: 18.09.1998

Full quote:

" Ship Safety Ordinance of 18 September 1998 (BGBl. 3013, 3023), as defined by Article 4 of the Regulation of 25 September 2015 (BGBl. I p. 1664).

Status: Last amended by Art. 2 V v. 13.8.2014 I 1371
Note: Amendment by Art. 556 V v. 31.8.2015 I 1474 (No 35) in a textual, documentary form not yet concludedly edited
Amendment by Art. 4 V v. 25.9.2015 I 1664 (No 38) in the form of a text, documentary evidence not yet concludedly processed

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.10.1998 + + +) 
(+ + + Official notes of the norm provider on EC law:
Implementation of the
EGRL 98/96 (CELEX Nr: 31996L0098)
ERL 105/2001 (CELEX Nr: 32001L0105) V v. 28.6.2006 I 1417 + + +)

The V was issued as Article 2 V v. 18.9.1998 I 3013 (SchSAnpV 1) by the Federal Ministry of Transport in agreement with the Federal Ministry of Justice. She's gem. Article 5 (4) of this V entered into force on 1 October 1998. § 7 (6) and § 15 entered into force on 30 September 1998. Unofficial table of contents

§ 1 Objective and scope

(1) This Regulation provides for safety at sea, including the immediate related occupational safety of workers on sea-going vessels, the protection of the environment at sea and the effective application of the ship safety law of the 9 September 1998 (BGBl. I p. 2860). In accordance with § § 1 and 2 of the Ship Safety Act, the scope and scope of application shall apply, including the sea journey for seagoing ships, the seeward of the maritime border within the meaning of Section 1 of the Ordinance on Flag Law of 4 July 1990 (BGBl. I p. 1389), including the search, use and leaving of the associated loading, loess, lounger and shipyard sites inland this border. (2) On ships under a foreign flag are also § 5 para. 5 and the above mentioned Regulations and § 13 (5) apply. Unofficial table of contents

§ 2 Self-regulation

Those who use a ship for navigation shall ensure that sources of danger occurring in the operation of the ship are checked, knowledge gained during operation and other important information and documents, including the information and documents available to them, shall be made available to the ship. Records of the persons responsible for the operation of the ship shall be evaluated in the context of the security screening and the measures necessary for the prevention and reduction of danger shall be taken. Unofficial table of contents

§ 3 Cooperation and maritime security partnership

(1) In the cooperation of the competent authorities of the Federal Transport Administration, within the scope of their possibilities with the provisions of § 3 of the Ship Safety Act or the persons who work for them, in particular in the areas of § § 2 and 7 this Regulation or Section 12 of the Ship Safety Act,
1.
agreements with undertakings, associations or competent bodies in respect of certain products, systems, procedures, concepts, developments, tests, controls or experience to improve the safety of ships, and
2.
in order to promote such agreements, including with the participation of appropriate other bodies, relevant concrete models
. Where such agreements or models relate to the professional training measures, teachings or training for seafarers necessary to improve safety at sea, it may also be possible to include bodies which are suitable for this purpose. (2) The competent authorities in accordance with this Regulation shall take into account, where possible, the security concepts, initiatives and declarations to which they are responsible in the case of the security provision in accordance with § 3 of the Ship Safety Act and § 2 of this Regulation shall be submitted. (3) The authorities of the Federal Transport Administration are also responsible for the following:
1.
Where a new regulation has been adopted in the field of international rules on ship safety or the prevention of pollution from ships, but has not yet entered into force, the Authority shall examine and certify that the In accordance with the law of the Law on the Law of the Sea, in the case of the conditions laid down in the new regulation, it is in principle responsible for the written request that a particular design, system, procedure, concept or behaviour be prescribed in the new regulation. without prejudice to the safety rules in force, the requirements of New regulation.
2.
The Federal Maritime and Hydrographic Agency and the Berufsgenossenschaft für Transport und Verkehrswirtschaft (Berufsgenossenschaft für Transport und Verkehrswirtschaft) may, in accordance with their respective areas of responsibility, apply for a written request for measurements of ships, parts or types and series ships, ship-related type-examination tests or other ship-related tests, examinations, approvals or conformity assessments, even where they are not required, shall carry out or certify if this is necessary for the application of legislation is relevant.
3.
If a competent authority makes interpretations, general exceptions and exemptions within the meaning of § 7, internationally agreed recommendations within the meaning of § 12 of the Ship Safety Act or internationally accepted standards within the meaning of § 9d of the Maritime Task Law, it shall refer to the relevant legislation.
4.
The Federal Ministry of Transport and Digital Infrastructure publishes a list of the new findings of the new information in January of each year in the leaflet and then in the Federal Gazette.
a)
published guidelines pursuant to § 6,
b)
Notices of sea areas referred to in sections A II and A III (2) of Appendix 1,
c)
Decisions of the bodies of the International Maritime Organization, referred to in Section C I, No. 6.1 of Appendix 1, in conjunction with Regulation 2.3.1. of the Annex to Resolution A.788 (19) of the International Maritime Organization, 23 November 1995 (BAnz. 12 798) must be taken into account in the definition of a ship management system;
d)
Notices of certificates and other certificates referred to in Section A (1) to (3) of Appendix 2,
e)
amendments to this Regulation,
f)
decisions to be taken into consideration in accordance with Section 12 of the Ship Safety Act,
g)
Changes in the annex to the Ship Safety Act,
h)
According to § 9d of the Maritime Task Act, international standards as well as
i)
Announcements of the entry into force of international regulations.
Unofficial table of contents

§ 4 Rules of technology and nautical practice

(1) The rules of technology and nautical practice listed in Section E of the Annex to the Ship Safety Act are known in Germany as applicable rules of technology or nautical practice, which are applicable in Germany. to comply with international ship safety standards. (2) (omitted) Unofficial table of contents

§ 5 Special arrangements for international ship-related safety standards

(1) In so far as the provisions in European Community acts referred to in Section D of the Annex to the Ship Safety Act are applicable to a ship carrying the Federal Flag, the relevant provisions shall be applicable to that ship in respect of that ship ' s (2) In addition to § 6 of the Maritime Safety Act, vessels flying the Federal flag must comply with the requirements set out in Section B of Appendix 1. (3) Insofar as the International regulations as defined in sections A and C of the Annex to the Ship Safety Act shall apply to a ship carrying the flag of the Federal Republic of the European Union, and shall comply with the requirements laid down in Section C of Annex 1 for that ship. (4) Ships belonging to a particular category of ships shall, in the event of a ship, be subject to the provisions of (5) In the case of ships carrying a foreign flag, the requirements for ships which have been laid down at the time of the change shall be those laid down in Section D of the Regulation. of Annex 1, the specific requirements referred to in Annex 1 , Unofficial table of contents

§ 5a Safety standard for ships in international traffic in special cases

(1) To the extent that ships carrying the flag of the Federal Republic of Germany and which are subject to international regulations within the meaning of the Ship Safety Act, exemptions are granted because, in the course of their journey, they shall not be more than 20 nautical miles from the nearest The Federal Ministry of Transport and Digital Infrastructure, or on its behalf either the Federal Maritime and Hydrographic Agency or the Professional Association for Transport and Transport, will issue a country-by-country removal order. requirements for the ship safety of these ships within the meaning of § § 3 and 7 up to 9 of the Ship Safety Act, if necessary, guidelines. Section 5 (3) applies accordingly. (2) Passenger ships subject to paragraph 1 shall, as from 1 July 2010, comply with the safety standards laid down in Directive 2009 /45/EC of the European Parliament and of the Council of 6 May 2009 on the basis of their year of construction Safety rules and standards for passenger ships (OJ L 196, 27.7.2005, p 1), in accordance with section D (12) of the Annex to the Ship Safety Act. To the extent that the provisions of Section A of the Annex to the Ship Safety Act apply in accordance with these provisions, they shall be complied with in addition. Unofficial table of contents

§ 6 Safety standard in special cases

(1) As far as ships carrying the Federal Flag are not subject to international regulations within the meaning of the Ship Safety Act, the Federal Ministry of Transport and Digital Infrastructure shall either issue the Federal Office for Transport and Digital Infrastructure or on its behalf the Federal Office for Seagoing and hydrography or the professional association for transport and transport in order to concretize the requirements for the ship safety of these ships within the meaning of § § 3 and 7 to 9 of the Ship Safety Act, if: , directives, in particular for:
1.
seagoing ships used as cargo or passenger ships,
2.
Inland waterway vessels,
3.
Traditional ships, within the meaning of section 1 (3) of the Sportseeschifferscheinverordnung,
4.
vehicles which have been built exclusively for sports or leisure purposes (recreational craft) and which are used in the context of a commercial use for sports or leisure purposes with no more than 12 persons,
5.
other sports vehicles on which a boat driver or one or more crew members are employed for remuneration;
6.
vehicles used for the fishing of fish or other marine living beings or for their processing;
7.
Special vehicles, broken down into
a)
ships used for sovereign purposes and for non-commercial purposes, in particular service vessels and research vessels, as well as ships engaged in the placement of pilotage,
b)
Tugs with a gross tonnage of less than 500,
c)
training vehicles on which no more than 12 persons are trained to drive sports vehicles,
d)
training vehicles built for sports and leisure purposes on which no more than 12 people are trained to drive sports vehicles or for similar sports and leisure purposes;
e)
Water vehicles without their own drive and
f)
floating work equipment, in particular excavators, floating cranes, rams, lifting vehicles, drilling and lifting platforms and production platforms,
8.
Other vehicles over 8 metres hull length with the exception of sports vehicles.
(2) The directives serve as the basis for ship safety certificates within the meaning of section 9 (3) and have the objective of ensuring that the ships, in terms of their nature and equipment, their use and their area of use, as well as-subject to the requirements of Provisions in force in the framework of the Seemannsgesetz (Seemannsgesetz)-the design of the standard required for safety at sea, including technical safety and maritime environmental protection, is of the standard nature. They may also provide for details of national performance requirements for equipment and equipment, on tests, inspections and inspections, on exceptions and on certificates. (3) The Directives shall be published in the Official Journal of the European Union . § 5 (4) and § 16 (3) shall apply accordingly. (4) The ships referred to in paragraph 1 shall be subject to the requirements of Chapter III and to radio equipment, radio communications and radio equipment, and IV of the Appendix to the SOLAS Convention and Council Directive 96 /98/EC of 20 December 1996 on marine equipment (OJ L 327, 22.12.1996, p. EC No 25), in conjunction with Section A.I of Appendix 1, as amended, unless a Directive provides for exceptions for important reasons pursuant to paragraph 1. (5) The vessels referred to in paragraph 1 (1), with the exception of: sports fishing vessels and baker ' s boats shall be constructed and maintained in such a way as to comply with the requirements of the ship ' s hull, machinery and electrical and control equipment, as well as the rules laid down in accordance with the provisions of Directive 2009 /15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ L 327, 30.4.2004, p. 47), as amended by the applicable version, by which the professional association for transport and transport is based on a contractual relationship within the meaning of Article 6 (2) of this Directive. shall be in accordance with. Unofficial table of contents

§ 6a Steam boiler

(1) Steam boiler installations on board seagoing vessels flying the German flag shall be designed, constructed, equipped and operated in such a way as to operate reliably under all operating conditions and at no time to ensure the safety of the ship and the ship on board. who are at risk. Ships ' certificates and certificates according to § 9 (1) to (4), as regards Appendix 2 in conjunction with their sections A Nos. 1, 2, 13a, 21a, 21b, 21c, 22a and 22c, may only be issued for seagoing vessels equipped with steam boiler installations, if the conditions set out in the first sentence are fulfilled. (2) In the application of paragraph 1, the Directive for the construction and equipping of ship-steam boiler plants is carried out on seagoing ships flying the German flag (VkBl. 2002 p. 313, plant volume B 8129), in the respective version. Unofficial table of contents

§ 6b Waste Water Retention Systems

(1) In Annex IV, Rule 2 (1) of the MARPOL Convention, not mentioned German ships, including recreational craft, or such vessels flying the flag of another Baltic Sea region when travelling in the territory of the Baltic Sea, or in the exclusive economic zone of the Federal Republic of Germany, provided that they have a toilet, must be equipped with a waste water retention system. Annex IV to Rule 12 (1) of the MARPOL Convention applies accordingly to these vessels. (2) Waste water retention systems, as well as board and landside connections, must meet the requirements of the Directive adopted by the Helsinki Commission on 21 March 2001, Annex to Recommendation 22/1 (VkBl. 122). The tank of the waste water retention system must be of an appropriate size. In the case of a ship with several toilets, a waste water retention system is sufficient for a toilet if it is ensured that the rest of the toilets are not used at a distance of up to 12 nautical miles from the nearest land. (3) Paragraph 1 applies not for ships,
1.
which were built before 1 January 1980,
2.
that have been built before 1 January 2003, and
a)
have a hull length of less than 11.50 m or a width of less than 3.80 m, or
b)
which the Federal Maritime and Hydrographic Office has issued a certificate of exemption from the equipment requirement.
The certificate referred to in point 2 (b) of the first sentence shall be issued for ships where the equipment with a waste water retention system is technically impossible or technically impossible, for reasons other than those in the case of the first sentence 1 or 2 (a). is economically unreasonable and this circumstance is due to a single, group or model report of a publicly appointed and sworn expert or a boat certified in accordance with EN 45013 by an accredited body; and Yachting experts have been shown. Unofficial table of contents

§ 7 Exceptions and exemptions

(1) The Bundesamt für Seeschiffahrt und Hydrographie und die Berufsgenossenschaft für Transport und Verkehrswirtschaft (Berufsgenossenschaft für Transport und Verkehrswirtschaft) can be used within the framework of their tasks under the Maritime Task Act
1.
in accordance with the international rules laid down in the Ship Safety Act,
2.
pursuant to section 13 (6) or section A.I. No. 6.1 of Appendix 1,
3.
in accordance with the guidelines referred to in § 6
, on written request, allow for exceptions to binding obligations or exemptions, in so far as a comparable safety of the ship or the defence of hazards and harmful environmental effects within the meaning of the Law on the Law of the Sea, in other ways, is also guaranteed by appropriate secondary provisions. This may be necessary, in particular, if the requirements of this Regulation cannot be fulfilled, or can be fulfilled only with economically unreasonable costs, for a water-based vessel, because of its small size or special design. (2) For inland waterway vessels on zones 1 and 2 of Annex I to the Inland Waterways Rules of Inquiry of 6 December 2008 (BGBl I). 2450), as amended, meet the requirements for the construction, equipment, surveying, freeboard and occupancy of the vehicles, the suitability of the entrepellant and the ability of the crew members to be able to including the ship ' s guide, the legislation adopted pursuant to the Inland Waterway Task Act to replace this Regulation. (3) The provisions contained in the international regulations concerning the authorisation of a equivalent use for equipment, materials, devices, equipment, Equipment or other arrangements shall apply accordingly to ships for which the international rules do not apply. (4) A seagoing vessel for which the power to conduct the flag of the Federal Republic of Germany pursuant to Section 10 of the Flag Law for the first transfer journey to another port has been granted for the purposes of this Regulation only during that voyage to a foreign-flagged vessel, unless the owner disagrees. (5) For ships, the keel of which was laid before 18 July 1994 and those in the ship's letter in addition to that according to the 1969 International Maritime Survey Convention (BGBl. 65), the gross tonnage of the gross tonnage was certified as a parameter for the application of this Regulation to the gross tonnage instead of the gross tonnage. (6) (omitted) Unofficial table of contents

§ 8 Radio stations, operability of marine equipment

(1) (a) (2) marine equipment which has been inspected by the competent authority prior to its use on board ships carrying the Federal flag may be marked with a marking from which it may result, up to the time when the necessary functional capability, in particular measurement and display accuracy, can be expected if there are no changes to the equipment. Before such a date, the ship owner shall carry out a repeat examination by a holding approved by the competent authority and a corresponding marking on the equipment used for the purpose of such equipment used. (3) The magnetic-control compasses and the magnetic-control compasses set up on board such ships must be carried out before commissioning and thereafter at least every two years by a Federal Maritime and Hydrographic Agency on the basis of a Proof of professional identity or of a Member State of the International The regulation must be carried out on board, and the regulation must be carried out on board. The skipper regularly has to check the Deviation and to carry on the registration of the results of the last twelve months. Unofficial table of contents

§ 9 Ship certificates and certificates, ship tours

(1) The competent authorities shall also grant, within the framework of the harmonized inspection and certification system, certificates and certificates relating to the ship to which the international rules and, in particular, the Annex 2 to this Regulation (2) On the inspection of ships for the issuing of certificates by qualified ship inspectors, Directive 2009 /15/EC referred to in Section D (7) of the Annex to the Ship Safety Act shall be applicable in the relevant applicable In particular, to apply Section B of Annex 2 to this Regulation. (3) The Professional Association for Transport and Transport (Berufsgenossenschaft für Transport und Verkehrswirtschaft) certifies for ships in respect of which directives are issued in accordance with § 6, in the presence of the appropriate conditions upon written application by a ship safety certificate- if necessary with secondary provisions, that the ship complies with the applicable rules, directives and ship safety standards. On the basis of the declaration of the owner, it shall record as the ship which is operated within the meaning of section 6 (1) and for which use of this ship. The directives according to § 6 may provide that the issuing of a ship safety certificate may be waited. If ship safety certificates for various uses have been issued for a ship, the skipper has to enter any change in the use of the ship's diary at the beginning of a voyage. (4) Unless otherwise specified in the guidelines pursuant to § 6 , the person responsible shall, on an application and at his own expense, ensure that a ship within the meaning of paragraph 3, which carries the flag of the Federal Republic of Germany and for which neither such a ship ' s safety certificate nor a corresponding one, shall be responsible, shall be responsible for: International regulations on board a construction and equipment certificate or a certificate Certificate as provided for in paragraph 5 shall be valid before the first entry into service of the ship by him or on his initiative or before the first voyage after invalidating such a certificate
1.
in the event of the existence of an obligation to provide equipment or permit for navigation or radio equipment on board, the Federal Maritime Office or Hydrography Office for the purpose of checking this equipment, and
2.
in any case, the professional association for transport and transport services to check the safe condition of the ship and its equipment
shall be presented. In the case of the performance, the person in charge shall declare in writing that the ship is operated within the meaning of section 6 (1) and for which use of the vessel. It shall immediately remove all deficiencies, including operational deficiencies, where one of these authorities finds that they pose a threat to ships, ships or maritime facilities, health, coastline or the environment. The performance shall be repeated at intervals of time, to the extent that the Authority shall determine this in accordance with the criteria set out in Article 6 (2). When the ship is used for a predetermined number of journeys, the distances shall be at least six weeks, and at least three months in the case of continuous operation. A test certificate shall be issued on the basis of the result of each inspection and the determination of the intervals, if necessary after the correction of the defect. For the purposes of this provision, the responsible person is the person who uses a ship for navigation in accordance with § 2. (5) For inland waterway vessels, with the exception of oil, gas and chemical tankers in bulk shipping, as well as passenger ships with non-crew members. number of persons on board-it is sufficient with regard to the construction quality and the equipment in the area of the sea to the connecting line Schillighörn via the house of the bird protection room of the island Alte Mellum to the Kirchturm Cappel a valid Certificate from the Central Office of the Shipbuilding Commission/Shipyards ' Office of the Compliance with the requirements of the guidelines according to § 6. (6) The equivalence within the meaning of the requirements referred to in § 5 (5) is for ships carrying out coastal shipping or the area adjacent to maritime routes or in the seeward direction. of the German Coastal Sea must be proved by a certificate issued by the Professional Association for Transport and Transport (Berufsgenossenschaft für Transport und Verkehrswirtschaft). For ships within the meaning of the first sentence, which are subject to international regulations, equivalence may also be demonstrated by appropriate certificates or certificates of the flag State which are carried on board. (7) The performance and the Removal of defects within the meaning of paragraph 4 shall be carried out without delay if the proof of validity or equivalence referred to in paragraphs 4 and 6 for a ship used for navigation purposes is not provided for official calls. (8) The professional association for transport and transport, a Breach of requirements or obligations with regard to safety at sea in the context of the monitoring of compliance with the rules on the organisation of a safe operation of the ship, including with regard to § 13 (2) of the Ship security law, it shall immediately inform those responsible thereof by written warning and shall give them the opportunity to comment. Unofficial table of contents

§ 10 Performance of the performance tasks, ship data

(1) The competent authorities responsible for the enforcement tasks pursuant to the Maritime Task Act and the Ship Safety Act may take orders and link exemptions and exemptions in accordance with § 7 para. 1 with conditions. (2) The competent federal authorities in accordance with the agreements between the Federal Government and the coastal countries, use the functions of the Water Protection Police of the Coastal Countries as well as pursuant to Section 3 (2) of the The Federal Police Office and the Customs Administration. (3) The Federal Office for Seagoing and hydrography shall collect the ship ' s data necessary for the implementation of the Ship Safety Act and this Regulation. Unofficial table of contents

Section 11 Run-out and onward journey of ships carrying the Federal flag

(1) If
1.
a ship authorised to guide the flag of the Federal Republic of Germany, which is required in accordance with the international maritime safety standard, the Ship Safety Act or under the Maritime Task Act, is essentially not met and this constitutes an imminent threat to ships, shipping or shipping facilities, health, coastline or the environment, or
2.
for such a ship, it is not possible to demonstrate the required valid certificates for the fulfilment of the said requirements;
3.
or such a ship, if it has to be presented in accordance with Section 9 (4), has not been presented or has not been issued with the written declaration in accordance with Section 9 (4) sentence 2 or the examination certificate pursuant to § 9 (4) sentence 6 is not available,
the professional association for the transport and transport industry prohibies its run-off, its continuation or its operation or permits it only under conditions or conditions through which the required military service is guaranteed. (2) Consists the specific suspicion that one of the facts referred to in paragraph 1 is present,-in particular because a requirement referred to in paragraph 1 is not complied with,-so that the run-out or the continuation may be necessary for the duration of the risk prevention programme. (3) Presents a In the case of a ship-to-transit authority, a matter referred to in paragraph 1, it may, until the decision of the professional association for transport and transport, run out or continue for a reasonable period of time to be determined prevent. Unofficial table of contents

Section 12 Verification of ships under foreign flag (port State control)

(1) The port State control is responsible for the professional association for transport and transport. If the Ship Safety Act or the international regulations provide for the prevention of the departure or the continuation of ships under a foreign flag, § 11 para. 3 shall apply accordingly. (2) Insofar as the requirements and Whereas the obligations of international rules on a foreign-flagged vessel are not applicable, the competent authorities shall ensure that this ship does not appear to be in direct danger to ships, ships or ships; or shipping facilities, health, coastline or the environment; they can be used in this case by Annex 1 to the Paris Memorandum of Understanding of 20 July 2000 on Port State Control (BGBl). (3) For the purposes of applying Article 16 (1) to (4) and Article 21 of Directive 2009 /16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (recast) 1. 57), as last amended by Directive 2013 /38/EU (OJ L 158, 25.6.2013, p. 1), with regard to the refusal of access to a port, a State whose maritime authority is a signatory to the Member State in which the ship was deemed to have been defective is a State which has not been granted access to a port. The Paris Memorandum of Understanding on Port State Control belongs to a Member State. (4) In the context of port State control, the professional association for transport and transport works in particular closely with the competent authorities of the other Member States. Member States of the European Union and the Paris MOU on the Port State control and exchange the information required for the performance of their duties in accordance with Articles 4 to 30 of Directive 2009 /16/EC of the European Parliament and of the Council. In doing so, it shall use the information system established pursuant to the Paris Memorandum of Understanding on Port State Control. (5) Paragraph 4 shall apply to the performance of the tasks referred to in Council Directive 1999 /35/EC of 29 April 1999 on a system of mandatory inspections with a view to the safe operation of regular ro-ro ferry and high-speed passenger craft (OJ L 327, 30.4.2004, p. OJ L 138, 1.6.1999, p. 1). Unofficial table of contents

§ 13 Behavioural duties

(1) The owner of a ship carrying the flag shall ensure that:
1.
in the event of significant changes to the ship or its equipment, which affect the condition, even in the condition of construction, and, in particular, of its effectiveness or operational safety, immediately the proper repair , in order to ensure the authorisation of the approved condition which is free of damage, shall be restored and the competent authority immediately informed thereof,
2.
The following documents are always available on the bridge:
a)
the official expenditure for the sea voyage of sea-charts and sea-books within the meaning of section C.I.4 of Appendix 1; in the case of recreational craft in the sense of the sports boat licence regulation-See, it shall be sufficient for non-official expenditure on board shall be carried out,
b)
the official expenditure of the safety and maritime safety regulations issued by the Transport and Transport Association and the Safety Manual, the display of maneuvering information and The lists of driving restrictions on passenger ships, not applicable to vessels in the small-sea fishing sector, in coastal fishing and in the wake, for recreational craft in the sense of the Sportbootführlicence-See as well as for the ships expressly mentioned in § 6, if in the Directives according to § 6 shall not be otherwise specified;
c)
the information issued by the Bundesamt für Seeschiffahrt und Hydrographie (Bundesamt für Seeschiffahrt und Hydrographie) for the current and the two previous years on arrival; this does not apply to recreational craft in the sense of the Sportbootführlicence-See and to the ships in inshore fishing and in the wake of the sea;
d)
on ships exempted from the requirements referred to in points (b) and (c), the publications listed in the register of the Federal Maritime and Hydrographic Agency,
3.
Seeetagebücher and kept in accordance with section B II no. 6 of Appendix 1,
4.
in the cases of § 9 (3) sentence 1, (4) sentence 1 and (5), a valid ship safety certificate, a valid test certificate or a valid certificate in accordance with § 9 (5).
(2) The ship's guide of a ship carrying the Federal flag shall ensure that:
1.
shall not fall below an officially established minimum clearance of the ship: this shall not apply in a port between the entry and exit clearance, to the extent that the closure condition of the ship permits;
2.
the ship is loaded only in such a way that the minimum stability required under the stability documentation is not undershot,
3.
Cover loads are so stowed that openings in the area of the cargo serving as access to the crew accommodation, the machinery space and all other working spaces required for the operation of the ship, or as a escape route, are properly can be closed, protected against the penetration of water, and remain accessible,
4.
ships referred to in Chapter V of Chapter V, Rule 22 of the Appendix to the Convention, which is listed in Section A.I. of the Annex to the Ship Safety Act, to comply with the requirements laid down therein;
4a.
on ships equipped with an automatic ship identification system, the second sentence of Regulation V/ 19.2.4 of the Appendix to the SOLAS Convention, which is listed in Section A.I of the ship safety law annex, to each time is kept in operation,
5.
planks and guard rails, or a stretch taue, as an effective protection for the crew, if there is no suitable traffic on or below deck,
6.
in addition to the requirements set out in points 3 and 5 on each side of the deck, up to a height of at least 1 m above the load of the protective railing or stretch taue at a vertical distance from each side of the deck on each side of the deck. at a maximum of 0.33 m,
7.
, subject to the special arrangements applicable to inland waterway vessels on the waterways of zones 1 and 2 of Annex 1 to the inland waterway examination regulations, charge air shall be closed prior to the start of the journey and shall be closed during the journey in so far as they are not temporarily opened in the case of calm weather, in particular because of work under deck or because of the nature of the cargo,
8.
Grain on a ship of at least 6.50 m in width as bulk cargo is only transported if for this purpose a permit under Chapter VI, Rule 9 of the Appendix to the Convention, which is listed in Section A.I. of the Annex to the Ship Safety Act , is available,
9.
adequate safeguards are in place for the guard service within the meaning of Regulation VIII/2 (2) of the Annex to the STCW Convention,
10.
the officially authorised number of passengers or persons on board shall not be exceeded;
11.
the diaries are carried and reported in the ship's diary without delay of any incident on board by appropriate entries relating to maritime safety, including the protection of the environment at sea and the protection of workers ' health and safety are of particular importance,
12.
the safety certificate prescribed in accordance with § 9 (3), the test certificate issued in accordance with Article 9 (4) sentence 6 or the certificate issued in accordance with § 9 (5), and submitted at the request of a competent authority, and
13.
in the case of vehicles for which ship safety certificates have been issued for various purposes, at the beginning of each journey, any change in the vehicle ' s use for the purpose of the vessel ' s diary shall be entered.
(3) The responsible nautical guard officer of a ship carrying the flag of the Federal Republic of Germany has
1.
ensure that the rudder is occupied by a suitable rowing worker in the case of a high density of traffic, in the case of a reduced visibility or where the design of the ship, the loading or special circumstances of which require, and the use of the self-steering system, ensuring that, if necessary, manual control can be carried out immediately under its supervision and, in particular, that a rowing worker is in the vicinity of the rudder during the journey in the area,
2.
ensure that the Ausguck is occupied by a suitable person during the journey in the area and from the time of the sunset to the sunrise,
3.
to monitor the execution of the ruder and machine commands and the anchor maneuver,
4.
in accordance with the provisions of Part A, Part A, Chapter VIII/2 No 49, third sentence, of the Annex to the STCW Convention, the controlled rate, position and speed of the ship shall be checked in short intervals adapted to the particular traffic situation and to use the required and available navigational aids, even if the ship is under the guidance of the pilots.
(4) The head of the machinery of a ship carrying the national flag shall ensure that, in consultation with the skipper, a safe technical guard service within the meaning of Part A, Chapter VIII/3, No 10, of the Annex to the Annex to the Annex to the STCW Convention. (4a) In the case of a seefuncture on a ship carrying the flag of the Federal Republic of Germany, mobile sea-level service or mobile sea-level service may only be used by satellites, who shall be able to provide a valid radio station for the radio station. Certificate of competence in accordance with Appendix 3. A certificate of competence shall be valid and sufficient if it has been issued or recognised as sufficient or sufficient for the purposes of the Regulation on Seefill Products or this Regulation. Until 31 December 2002, the Regulation on marine products shall be valid for radio stations on ships under the flag of the Federal Republic of Germany, which are not carriers of the transport vehicles. The German Motoryachting Association and the German Segler Association are mandated to apply from 1 January 2003 in accordance with this Regulation on applications for approval for the acquisition of radio operating products for seefuncture sites on sports vehicles (5) The observance of orders and conditions within the meaning of § 10 of the European Parliament and of the Council of the European Union (5) shall take the necessary measures to remove the certificates mentioned above, and to charge the costs. Paragraph 1, as well as the behavioural obligations referred to in paragraph 2, with the exception of points 5, 6, 9, 10 and 11, shall also apply in respect of ships under a foreign flag in accordance with § 2 of the Maritime Safety Act. (6) The professional association for transport and transport may be subject to the behavioural obligations referred to in paragraph 2 (9) and (b) 3 (1) and (2) in the event of an important reason allowing exceptions in accordance with section 7 (1). Unofficial table of contents

§ 14 Administrative Offences

(1) Contrary to the provisions of Section 15 (1) (2) of the Maritime Task Act, who intentionally or negligently acts
1.
as owner
a)
Contrary to Article 13 (1) (1), it does not ensure that the proper repair is brought about without delay,
b)
Contrary to Section 13 (1) no. 2, it is not ensured that the documents required there are available on the bridge,
c)
Contrary to Article 13 (1) (3), it does not ensure that seaside books are carried along and stored, or
d)
Contrary to Section 13 (1) no. 4, the ship's safety certificate, the certificate of inspection or the certificate pursuant to § 9 (5) do not ensure that the certificate is present,
1a.
as the responsible person within the meaning of § 9 (4) sentence 7
a)
Contrary to Section 9 (4) sentence 1, it is not ensured that a ship is presented, or
b)
Contrary to Section 9 (4) sentence 3, a defect is not removed, not correct, not complete or not in good time,
2.
as a guide
a)
Contrary to Article 13 (2) (1), it does not ensure that the minimum free-board of the ship is not undershot,
b)
Contrary to Article 13 (2) no. 2, it does not ensure that the necessary minimum stability is not undershot,
c)
Contrary to Section 13 (2) no. 3, it is not ensured that cover charges are stored in the manner referred to in the above-mentioned manner,
d)
Contrary to Section 13 (2) no. 4, it is not ensured that the requirements are complied with in the view
e)
Contrary to Article 13 (2) (4a), the automatic ship identification system shall not be kept in service at any time,
f)
Contrary to Section 13 (2) no. 5, it is not ensured that running planks and protective railing or stretching tamorets are attached to cover slaves,
g)
Contrary to Article 13 (2) no. 6, it is not ensured that the prescribed protective railing or stretching taps are properly affixed to ships to which a wooden board has been issued,
h)
Contrary to § 13 para. 2 no. 7, it is not ensured that charge hatches are closed and closed in a weathertight manner,
i)
Contrary to Article 13 (2) (8), it is not ensured that grain as bulk material is only transported if the prescribed permit is available,
j)
Contrary to Article 13 (2) no. 9, it is not ensured that sufficient precautions are taken for the security service,
k)
Contrary to Section 13 (2) no. 10, it does not ensure that the officially authorised number of passengers or persons to be formed on board is not exceeded,
l)
Contrary to Article 13 (2) (11), it does not ensure that seagoing books are carried along or that the incidents on board which are important for maritime safety are registered,
m)
Contrary to Section 13 (2) no. 12, it does not ensure that the ship safety certificate, the test certificate or the certificate pursuant to § 9 (5) are carried out and submitted or
n)
Contrary to § 13 para. 2 no. 13, it is not ensured that any change in the usage of the vehicle is registered at the beginning of the voyage in the ship's diary.
3.
as nautical guard officer
a)
Contrary to § 13 para. 3 no. 1, the ruder is not occupied,
b)
Contrary to Section 13 (3) no. 2, the Ausguck is not occupied,
c)
Contrary to § 13 para. 3 no. 3, the execution of the ruder or machine commands or the anchor maneuver is not monitored or
d)
Contrary to § 13 para. 3 no. 4, the course, the position or the speed is not checked or a navigation aid is not used,
4.
Contrary to Section 13 (4) as the head of the machinery, it is not ensured that there is a safe technical security service,
5.
Contrary to Article 13 (4a), first sentence, in the case of a seefuncture without sufficient valid proof of competence, it operates mobile sea or mobile maritime service via satellite, or
6.
a fully-retractable order or condition pursuant to § 10 para. 1.
(2) The provisions of paragraph 1 (2) (a) to (d), (h) and (i) and (6) shall also apply to ships within the meaning of Section 13 (5). (3) The responsibility for the prosecution and prosecution of administrative offences shall be conferred upon
1.
in the cases referred to in paragraph 1 (1) (a) and (d), (1a), (2) (a), (b), (d), (e), (h), (j), (d), (m) and (n) and (3) and (4), for the transport and transport sector
2.
in the cases referred to in paragraph 1 (6), and in the cases of Article 15 (1) (4) of the Law on the Law of the Sea, to that authority which has made the enforceable condition or arrangement,
3.
in the other cases referred to in paragraph 1, to the Directorate-General for Waterways and Shipping.
Unofficial table of contents

Section 15 General rules

(1) Insofar as the international regulations and the provisions of this Regulation are not in conflict, the provisions of the ship safety ordinance as amended by the Notice of 3 September 1997 (BGBl. 2217), as amended by the Regulation of 19 June 1998 (BGBl I). 1431), with the exception of § 23 (2) and § 73
1.
in respect of matters covered by the acts referred to in Section D, No 10 and 11 of the Annex to the Ship Safety Act, or in any other way relating to fishing vessels or marine equipment, if not expressly provided for in , in other words, to apply until 31 December 1998,
2.
as regards the obligations relating to the ships referred to in § 6 and the bathing boats and sportsmen ' s vehicles, even beyond the date referred to in paragraph 1, or in conjunction with Article 4 (2), including their definitions, exceptions and certificates and certificates, subject to the provisions of the Maritime Equipment Ordinance-See, until the Federal Ministry of Transport and Digital Infrastructure establishes in a directive in accordance with § 6 that it shall be replaced.
(2) The validity of certificates, certificates, authorisations, references and secondary provisions which have been granted on the basis of the applicable provisions of the ship safety regulation referred to in paragraph 1 shall remain unaffected. In so far as they demonstrate compliance with requirements for the ship safety certificate referred to in § 9 (3), they shall be considered as such. (2a) Seefuncture certificates issued for radio stations on other ships as commercial vehicle vessels before 1 August 1999. granted and not revoked, shall be valid in accordance with their content. (3) (omitted) Unofficial table of contents

§ 16 Application of further provisions, jurisdiction

(1) The obligations, requirements, powers and tasks arising from the international regulations (Section 1 (2) of the Ship Safety Act) shall, in their scope of application, unless otherwise expressly determined, go to the obligations, Requirements, powers and tasks, including the exceptions and exemptions provided for in this Regulation. (2) Insofar as this Regulation refers to international regulations, these are, if not expressly stated otherwise, in the latest To be used in the annex to the Ship Safety Act. (3) The obligations and requirements laid down in this Regulation, which are to be fulfilled by persons, organisations or undertakings, without the designation of certain persons, organisations or undertakings, shall be those laid down in § § 7 to 9 of the Ship Safety Act, to apply in accordance with uniform principles. Pursuant to section 2 (1) of this Act, ships carrying the Federal flag shall, unless otherwise specified, be identical to ships registered as inland waterway vessels in a German register of ships. (4) The Maritime Sports Booth Ordinance of 29 August 2002 (BGBl. (5) The competent authority pursuant to this Regulation shall, unless expressly stated otherwise, be the competent authority or body competent in accordance with the Maritime Task Act. Unofficial table of contents

§ 17

- Unofficial table of contents

Appendix 1 (to § 5)
Special rules for international ship-related safety standards

(Fundstelle: BGBl. I 1998, 3030-3035,
with regard to of the individual amendments. Footnote)
A.
On the European Communities ' legal acts
A.I.
Council Directive 96 /98/EC on marine equipment
1.
The competent staff responsible for the performance of the tasks referred to in Article 10 of the Directive shall be the bodies specified in Article 3 of the Regulation on Disarmament.
2.
Equipment of a new ship within the meaning of Article 2 (l) or of an existing vessel within the meaning of Article 3 (1) (b) of the Directive
2.1
The equipment listed in Annex A 1 to the Directive may not endanger the safety and health of persons and do not affect the marine environment, in the case of installation, maintenance and use of the equipment as intended.
2.2
It may be used for equipping a ship only if it is
a)
is accompanied by the conformity marking provided for in Article 11 of the Directive and is accompanied by a written EC declaration of conformity as referred to in Article 10 of the Directive, whereby the manufacturer or his/her in a Member State of the European Union or to another State Party to the Agreement on the European Economic Area, confirms that the equipment complies with the safety requirements laid down in point 2.1 and in Article 5 of the Directive, and that: comply with the mandatory conformity assessment procedures, or
b)
comply with the provisions of the Directive for other reasons.
3.
Testing standards For all items of equipment for which both IEC and ETSI test standards are listed in Annex A.1 of the Directive, they shall be considered to be optional. The manufacturer, or his authorised representative established in a Member State of the European Union or in another State Party to the Agreement on the European Economic Area, may determine which test standards are to be applied.
4.
Radio spectrum spectrum In the cases referred to in Article 8 (4), Article 14 (1), second sentence, and Article 15 (2) of the Directive, the Administration's request is that the equipment does not comply with the requirements relating to the radio spectrum , a part of the authorisation procedure.
5.
Equipment outside the Community If equipment for a ship is to be replaced in a port outside a Member State of the European Union, without it being equipped for reasons of time and cost with the equipment of the EC type-examination , the conditions and the procedure laid down in Article 16 of the Directive shall apply.
6.
Repairs
6.1
After substantial repair work relating to equipment required by the Directive,
a)
the inspection by a holding recognised by the competent authority,
b)
in the case of radio equipment, an exceptional inspection
time. Exceptions are permissible for important reasons in accordance with § 7 (1).
6.2
In the cases referred to in point 6.1 (a), the holding shall issue a test mark for the purposes of the marking in accordance with Article 8 (2) or for position lamps, sound signal and manoeuvring signalling systems, a certificate which is to be carried on board.
7.
The equipment listed in Annex A.1 to the Directive, which was manufactured before 1 January 1999 in accordance with the type-approval procedures laid down in the Ship Safety Regulation and the Regulation on the Registration of Telecommunications, may be placed on the market or used for equipping a ship within two years after that date.
8.
Priority Regulation The priority provided for in Article 3 (3) of the Directive shall apply in accordance with the provisions relating to ship equipment under this Regulation.
A.II.
With regard to Directive 2009 /45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships
1.
Watt ride
1.1
Passenger ships in the wake of Directive 2009 /45/EC, whose use within Class D is limited to journeys in this area, may, on account of the specific conditions of their driving area, meet the requirements of: Comply with the provisions of equivalent replacement.
1.2
All facilities, materials, devices or equipment or other arrangements shall be deemed to be equivalent if they have been tried and tested or otherwise recognised that the facilities, materials, devices or equipment concerned are or the type or provision in question, at least as effectively as those prescribed by those provisions.
1.3
The Federal Ministry of Transport and Digital Infrastructure, or on its behalf either the Federal Maritime and Hydrographic Agency or the Professional Association for Transport and Transport, shall issue the equivalent income in order to make the equivalent replacement. Transport economy, if necessary, guidelines.
1.4
The guidelines are published in the traffic bulletin (Special safety standard for passenger ships in the Wattfahrt, VkBl. 871). § 5 (4) and § 16 (3) shall apply mutatily to them.
1.5
Section A.II. No 2 shall be applied in accordance with the Wattfahrt maritime areas.
2.
The Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) provides the sea areas for domestic voyages within the meaning of Article 2 (o) and Article 4 of the Directive, in which passenger ships of categories B, C and D from Germany are , in each case cartographically and in co-ordinate form, and publishes these representations on the Internet. It makes the Internet address known in the news for seafarers and the traffic leaf.
3.
Risk of leakage in the Helgoland Transport Passenger ships used in the transport to and from the island of Helgoland shall have a subdivision factor F <-0.5, subject to the procedure laid down in Article 9 of the Directive.
A.III.
Directive 2003 /25/EC of the European Parliament and of the Council on specific stability requirements for the ro-ro passenger ship list of the sea regions The Federal Maritime and Hydrographic Office shall draw up, within the meaning of Article 5 of the Directive, a List of sea areas which are carried out by ro-ro passenger ships on scheduled services from or to their ports, and the corresponding values for the significant wave heights in these areas. makes the site in the news for seafarers and in the traffic leaf known.
A.III.a.
Council Directive 98 /41/EC concerning the registration of persons on board certain vessels
1.
Competent bodies
1.1
The Deutsche Gesellschaft zur Rettung Schiffbrüchiger (German Maritime Search and Rescue Association), is an agreement on the construction of the Havariekommandos (VkBl), with the exception of cases of complex claims in the sense of Section 1 (4) of the Covenant/Coastal States. 31) within the meaning of Article 2, which is responsible for search and rescue operations or which is involved in the handling of an accident. In cases of complex damage, the competent authority within the meaning of Article 2 shall be the Havariekommando.
1.2
The professional association for transport and transport is responsible for
a)
the granting of exemptions and exemptions within the meaning of Article 6 (3) and Article 9 (1) and (2),
b)
the authorisation of the registration systems established in accordance with Article 8, and
c)
the carrying out of random samples within the meaning of the second sentence of Article 10 of the Directive.
2.
Maps of area A.II. No 1 are to be applied to sea areas within the meaning of Article 9 (4) of the Directive in respect of journeys involving a German port.
A.IV.
Directive 2002/59/EC of the European Parliament and of the Council on the establishment of a Community vessel traffic monitoring and information system
1.1
Passenger ships of the passenger ship class D within the meaning of Article 4 (1) of Directive 2009 /45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (OJ L 327, 30.4.2009, p. 1) are exempted from the obligation to equipment with voyage data recorders within the meaning of Article 10 (1) in conjunction with Section II of Annex II to the Directive, unless otherwise specified in a Directive pursuant to Article 6 (1) of this Directive. determined.
1.2
Point 1.1 shall apply to passenger ships of passenger ship classes B and C, provided that they are equipped with data recording equipment, the at least the officially known performance requirements for data recording equipment on domestic voyage of 9. April 2003 (VkBl. 567), accordingly.
B.
Supplementary requirements for § 6 of the Ship Safety Act
B.I.
Official surveying
1.
Ownership of the owner
1.1
The owner of the ship shall enable the persons responsible for the surveying to carry out their task, to provide the necessary tools, to provide the necessary documents and to provide information. The ship is, as far as necessary for the measurement, to be provided in an empty state, free of ballast and cargo, if necessary on land or in the dock. Ship containers and cargo spaces must be empty, cleaned and gas-free. An official certificate of gas freedom shall be provided upon request.
1.2
The owner is obliged to immediately inform the Federal Maritime and Hydrographic Office of a ship for which a certificate of measurement or a certificate of measurement has been issued.
a)
any change in the dimensions, capacity or use of individual measured spaces, the number of passengers, the licence granted or the approved drauge, and
b)
a change of flag
.
2.
Renewal of ship's smears The Federal Maritime and Hydrographic Office issued a ship smearing letter before issuing an authorization pursuant to Section 7 of the Flag Law, this letter shall be issued within three months after the right to (b) to re-apply the flag of the Federal Republic of Germany, unless it has become invalid by means of a substantial change within the meaning of point 1.2.
3.
Berth in the Abroad If the ship is abroad, the Federal Maritime and Hydrographic Agency draws another suitable position abroad or uses the assistance of the Germanic Lloyds if this is justifiable for cost savings. is.
B.II.
Tagebücher
1.
Seeetagebücher
1.1
Sea diaries are the ship's diary and the machine diary; in the case of inland waterway vessels, the flight log book and the travel book are optionally available.
1.2
As secondary books can be conducted
a)
as part of the ship's diary, the bridge book,
b)
as part of the machine diary, the Peilbuch and the Manöverbuch.
1.3
The Seetagebücher are to be carried on board. Unless expressly stated otherwise, an entry requirement shall be fulfilled by registration in the ship's diary.
2.
Machine diary
2.1
The head of the machine plant is responsible for the management of the machine diary in addition to the ship's guide. The said tasks may be transferred to the waving nautical or technical officer or to another suitable crew member.
2.2
A description of the machine system shall be attached to the machine diary. It shall be rectified after each conversion of the machinery, steam boiler plant or essential parts of the machinery.
2.3
A machine diary need not be kept if the machinery of the ship is not occupied by a ship &apos; s technical officer who has been recruited in that capacity and does not have a steam boiler plant within the meaning of the Directive for the construction and equipment of ships ' steam boiler plants under the German flag of 13 March 2002 (VkBl. 313, plant volume B 8129), which is in force in the current version.
3.
Form of books
3.1
Seta-books are to be issued on a ship whose name and distinguishing signal are referred to in the book.
3.2
The ship's diary and the machine diary must contain, for each calendar day, columns divided into columns, pages provided with consecutive page numbers, and in sufficient number of empty pages. The columns should also be provided with a heading in English.
3.3
Measures and facts which frequently return in the operation of the ship, in particular in the case of revier cruises, may be entered in by-books. In the ship's diary and in the machine diary, it is possible to register on the first page which secondary books are to be kept.
3.4
Items to be included in seta-books may be included in whole or in part with other data carriers. The data carriers need to be approved by the Federal Ministry of Transport and Digital Infrastructure or by the authority designated by the Federal Ministry for Transport and Digital Infrastructure in order to ensure equivalence with Seetagebüchern (Seetagebüchers). They must be able to reproduce the recorded data, which must be comprehensible to themselves, at any time, and must make a subsequent modification or deletion of the records recognizable.
4.
Eintragungen
4.1
The Seetagebücher are to be held in German or in the working language used on board. Abbreviations or symbols that are not commonly used are to be explained.
4.2
The entries in the diaries shall be made after the on-board time.
4.3
The erasable and unmistakable use of entries in seaside books, the removal of pages from these books and the modification of automatic recordings are not permitted. If an entry is deleted, the designer must remain legible. Any deletions or additions must be made with the date and signature.
4.4
Entries in the diaries are to be signed by those responsible for registration. Any entry by third parties under special legal provisions shall be signed by the third party, stating their power.
5.
Evaluation of the diaries of the ship owners shall, by recording, prove that and when at regular intervals,-in respect of the entries which do not require early action, unless otherwise specified at least every twelve months-, the full current content of the diaries has been noted.
6.
If not otherwise determined, storage diaries shall be kept from the date of the last registration for a period of three years. This shall also apply in the case of a sale of the ship before the expiry of that period.
7.
Publication of the preceding predecessors The Federal Ministry of Transport and Digital Infrastructure or on its behalf the Berufsgenossenschaft für Transport und Verkehrswirtschaft publishes a list of the Individual transactions, which must be expressly entered in the diary according to international regulations or other legislation.
8.
Special provisions for ships not subject to registration also on ships under the Federal flag, which do not have to be registered in the ship's register, apply to the application of Section 6 (3) of the Ship Safety Act the rules of good Seemannhood. In accordance with the provisions of this Section, only points 3.1, 3.3, first sentence, and numbers 4 to 6 shall apply, with the following measures:
8.1
A recording medium issued on the name of the ship shall be deemed to be a ship's diary if the ship's guide has identified it with the word "logbook records" or a corresponding designation.
8.2
Subject to other special provisions, it is sufficient for third parties to be able to draw the necessary content in a coherent manner without further ado to the ship's diary carried on board.
C.
Regulations in addition to generally accepted international law rules and standards for ships under the Federal flag
C.I.
SOLAS
C.I.1.
(See. Chapter II-1, II-2 and III of the Appendix to SOLAS) vessels with early construction year
1.
Except in the case of the SOLAS Convention or the 1996 Stockholm Convention (BGBl. 540) or this Regulation expressly provides for arrangements for the conversion of existing ships, ships whose keel is required before the entry into force of the amendments to the International Convention of 1974 adopted in 1981 (1 September 1984). , or which have been in a state of construction, do not comply with the requirements of Chapters II-1, II-2 and III of the Annex to the SOLAS Convention, if this would require a conversion.
2.
In this case,
a)
Ships whose keel has been laid in the period from 25 May 1980 to 31 August 1984, or which have been in a state of construction, comply with the requirements laid down in the SOLAS Convention and from the Ship Safety Regulation as amended by the Notice of 15 August 1984 (BGBl. 1089);
b)
Ships whose keel has been laid before 25 May 1980 or which have been in a state of construction corresponding to the requirements laid down in the International Convention for the Safety of Life at Sea of 1960, Annex A to the Law of 6 May 1965 (BGBl. 1965 II p. 465), as last amended by the Regulation of 12 July 1974 (BGBl. 1974 II p. 1009),-and the ship safety regulation of 9. October 1972 (BGBl. I p. 1933), as last amended by the Regulation of 8 November 1979 (BGBl. I p. 1912).
C.I.2.
(See. Chapter II-2 of the Annex to SOLAS and the International Code for Fire Safety Systems (FSS Code)) Fire protection equipment (cf. Regulation II-2/10.10.1) Each personal equipment is to be supplemented by a crowbar. For emergencies, it is necessary to ensure that at least one portable electric drilling machine (minimum drilling diameter in steel 10 millimetres) or an angle grinder (cutting disc) is present. The connecting cable of a drilling machine or angle grinder must be at least 10 metres in length.
C.I.3.
(See. Chapter III, IV and V of Appendix to SOLAS: marine equipment)
1.
Equipment referred to in Annex A.2 of Directive 96 /98/EC
1.1
Ship equipment listed in Annex A.2 of Council Directive 96 /98/EC, which is equipped with a ship, shall be included in the ship safety regulation as amended by the Notice of 3 September 1997 (BGBl). 2217), as amended by the Regulation of 19 June 1998 (BGBl I). 1431), on the procedural rules on type-approval.
1.2
Equipment within the meaning of point 1.1 may only be used if it is marked with the type number of the competent authority.
1.3
Points 1 and 6 of Section A.I. of this Annex and Article 12 (2) of Directive 96 /98/EC shall apply mutatily to the equipment referred to in point 1.1.
2.
Application Principle For authorisations, authorisations, examinations and regulations, a written application is required.
3.
Rescue
3.1
(regulation III/32.3.2) cargo ships equipped with open lifeboats or carrying equipment under regulation III/ 31.1.3 must carry at least one survival suit for each person on board. Cargo ships equipped with fully closed lifeboats must carry at least three survival suits for each lifeboat on board.
3.2
(regulation III/32.3.3) cargo ships equipped with rescue rafts and rescue boats as defined in regulation III/ 31.1.3 must carry at least one survival suit for each person on board. This does not apply to cargo ships, which are constantly being used in a warm climate, in which, in the opinion of the professional association for transport and transport, survival suits are unnecessary.
4.
Alarm systems
4.1
(regulation III/6.4.2 in conjunction with paragraph 7.2.1 of the LSA Code) In addition to the signal for collection at the collection points, the general alarm system shall be accompanied by the signal for leaving the ship, consisting of a continuously given short and long Sound, can be given.
4.2
Ships whose keel has been laid after 1 January 1988 must be fitted with a fixed guard alarm system.
5.
Voyage data recorder
5.1
(rule V/18.8) Ship data recorder systems built on ships and subject to authorisation, including all sensors, shall be subject to an annual performance test. The test shall be carried out by a testing or customer service facility recognised by the Federal Maritime and Hydrographic Office.
5.2
The Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) can accept examinations by non-approved bodies abroad on request. The application shall be accompanied by the protocols and test certificates or certificates drawn up by the inspection body.
C.I.4.
To Chapter V of the Annex to SOLAS
1.
Details of compliance with ships with a gross tonnage of less than 150 GT
1.1
For ships other than recreational craft, with a gross tonnage of less than 150, the rules V/15, 17, 18, 20 to 26 of the Appendix to the SOLAS Convention shall apply as amended, unless their application is in a directive pursuant to Section 6 (1) of the SOLAS Convention. of this Regulation, or in any of the acts of the European Communities or of the European Union listed in Section D of the Annex to the Maritime Safety Act, shall be excluded or limited. Rule V/19 shall apply without restriction.
1.2
For recreational craft with a gross tonnage of less than 150: on large recreational craft within the meaning of § 2 No. 2 of the Sea-Sportbootverordnung of 29 August 2002 (BGBl. 3457), rule V/18 shall apply only to the extent that its application is covered by this Regulation, by a Directive in accordance with Article 6 (1) of this Regulation or in one of the acts of the European Union listed in Section D of the Annex to the Ship Safety Act For small recreational craft within the meaning of Section 2 (3) of the Maritime Sports Boat Ordinance, this applies to the application of Rules V/17, 18 and 19.
2.
Requirements for the navigational equipment of recreational craft On large recreational craft within the meaning of § 2 No. 2 of the Maritime Sports Boat Regulation of 29 August 2002 (BGBl. 3457), with a gross tonnage of less than 150, which are not used exclusively for sports and leisure purposes, is for the navigation equipment carried out in accordance with points 2.1.1, 2.1.4, 2.1.5 and 2.1.7 of Regulation V/19 of the Appendix to the SOLAS Convention shall apply the rule V/18. The navigation equipment referred to in point 2.1.1 must satisfy at least the requirements for a properly compensated compass, according to the International Rescue Agent (LSA) code (BAnz. No 118a of 1 July 1998) for rescue and rescue boats. If a sports boat is equipped with a device of the global automatic ship identification system (AIS), although it is not subject to the equipment requirement under regulation V/19 (2.4) of the Appendix to the SOLAS Convention, the device must be installed on the The basis of a conformity assessment procedure in accordance with Directive 2009 /45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (OJ L 327, 30.4.2009, p. 1), or which have an authorisation from the Federal Maritime and Hydrographic Agency. Corresponding admission requirements are issued by the Federal Maritime and Hydrographic Agency and are made known in the traffic sheet.
3.
Official nautical publications (Rule 2 (2), Rule 19 (2), 2.1.4, Rule 27) In the case of ships other than recreational craft in the sense of the sports boat licence regulation, sea charts, nautical charts and other nautical charts must be Publications in each case the most recent official editions of the Federal Maritime and Hydrographic Agency in digital or printed form, or a corresponding edition of a hydrographic service of another State or of the International Office of the International Maritime Organisation (ICO). Maritime organisation. The latest editions of the official charts of the Federal Maritime and Hydrographic Agency are those listed in the directory of the Federal Maritime and Hydrographic Agency, which is published in the News for Seedrivers, and -printed charts for which corrections are published or an official digital amending service is published in the case of seafarers and which, at the time when they are placed on the market, shall be subject to an imprint, or an electronic signature shall be deemed to be up-to-date as corrected. The official seebüchers of the Federal Maritime and Hydrographic Agency are the printed and digital books listed in the list of the Federal Maritime and Hydrographic Agency, for which corrections are made in the news for seafarers. be published or an official digital amending service exists, such as seal books, beacon registers, the Nautical Radio Manual, the Revierfunkdienste, Nautisches Jahrbuch, Gezeitentafeln, the manual for bridge and Map house, the IMO standard redeeming applications, the International Aeronautical and Maritime Search and Rescue Manual (IAMSAR-Manual), Volume III (IMO sales number IMO-962E; the manual can be obtained from the sales offices of the Federal Maritime and Hydrographic Office or via the IMO Publications Section ), the Vessel Traffic Services Guide (relating to the Federal Maritime and Hydrographic Agency), the Manual Seeschifffahrtsstraße-Order and others by the Federal Ministry of Transport and Digital Infrastructure as such certain books.
C.I.5.
For Chapter VI of the Appendix to SOLAS goods in containers, land vehicles and cargo units, for carriage on sea-going vessels within the scope of this Regulation, only if a cargo certificate is attached to the transport documents in which, in addition to the correct and complete information on the nature, weight and characteristics of the load in accordance with Rule 2, the cargo shall be certified in accordance with the IMO/ILO/UN ECE Directive for the Packing of Transport Units (CTUs) (CTU packing guidelines) (VkBl. 164 and plant volume B 8087), and if the cargo certificate has been handed over to the ship's guide prior to leaving the ship.
C.I.6.
(To Chapter IX of the Annex to SOLAS)
1.
International directives for administrative purposes The administration shall, in the course of its activities referred to in Chapter IX, lay down the rules laid down by decision-making. A.1071 (28) of the Directives adopted by the IMO (VkBl. 2014 p. 468).
2.
Conduct of the audits (audits)
2.1
The applicant may, in accordance with Directive 2009 /15/EC, as referred to in Section D No 7 of the Annex to the Ship Safety Act, be recognised in conjunction with Regulation (EC) No 391/2009, with the implementation of the mandatory Carry out audits when an order is regulated between them and the administration. The organisation shall carry out this examination independently and on its own responsibility after informing the professional association for transport and transport.
2.2
The tests for the provisions of Rule 2.1 of Chapter IX of the Annex to the SOLAS Convention and Article 3 of Council Regulation (EC) No 336/2006 of 15 February 2006 on the organisation of safe operations within the Community, and on the repeal of Council Regulation (EC) No 3051/95 (OJ L 136, 31.5.1995, p EU No 1) and the associated companies shall be carried out in consultation with the Professional Cooperative for Transport and Transport, which may participate in them.
3.
Contract relationship with the professional association for transport and transport
3.1
The contractual relationship shall apply in accordance with the provisions of the Directive referred to in point 2.1 and of Part B of Appendix 2 on the contract conditions for the inspection of ships.
3.2
In order to regulate the contract relationship with the professional association for transport and transport, the recognised organisation must also fulfil the following safety requirements:
a)
It complies with the guidelines of the decision. A.913 (22) of the IMO, as amended.
b)
It maintains a local representation in the territory of the Federal Republic of Germany.
4.
Specific requirements for undertakings, ro-ro passenger ships or high-speed passenger craft The requirements laid down in Chapter IX of the Annex to SOLAS shall also include the requirements to which undertakings are covered by the scope of the Council Directive 1999 /35/EC of 29 April 1999 on a system of mandatory verifications with regard to the safe operation of regular ro-ro passenger ships and high-speed passenger craft in the framework of the inspections and Visits by the host Member State on the basis of this Directive have been sufficient.
C.I.7.
(See Chapter XI-1 of the SOLAS Appendix) Ship identification number (regulation XI-1.3) The ship is given the ship identification number in connection with the issue of the Federal Maritime and Hydrographic Agency Surveying certificates.
C.II.
International Convention on Load Lines in 1966
1.
Amendments to the Convention of 1966Supplementary to the International Convention on Load Lines of 1966 are the amendments to the 12. October 1971, 12 November 1975 and 15 November 1979 (BGBl. 98) and the Protocol of 1988 (BGBl. 1994 II p. 2457), which was also amended in 1983 (OJ 1994, p. A.513 (13)).
2.
Ships with an early year of construction existing ships within the meaning of Article 2 (7) of the 1966 Convention, if they do not fully comply with the requirements for new ships, must comply with the corresponding lower requirements for new ships in the International voyage in accordance with Annex I to the Regulation on the freeboard of the Kauffehrteiships in the revised version published in the Bundesgesetzblatt part III, outline number 9512-1. In the case of larger conversions, repairs, renewals and additions, the rules of Appendix I of the 1966 Convention for the entire ship must be complied with.
C.III.
Chapter VIII ("Watchkeeping") The Annex to the STCW Convention Implementation of Trials The Professional Association for Transport and Transport can, on a case-by-case basis, authorise tests within the meaning of regulation I/13 of the Annex to the STCW Convention and, in accordance with a positive conclusion of the test will give the necessary authorisations for the operation.
D.
Special requirements for the operation of ships under foreign flag
D.I.
Requirements relating to ships registered in a German ship register
1.
Generally accepted international regulations The owner of a commercial vehicle registered in a German register of ships, which is a German resident within the scope of the Basic Law within the meaning of Section 1 of the Flag Rights Act, may in the maritime voyage under foreign flag, only if:
a)
the flag State is a contracting party to the international conventions generally recognised in international law, as set out in Section A (I) to (III) and (VI) of the Annex to the Ship Safety Act, as amended, and
b)
the ship, with effect at least for the period of that operation, is inspected by a classification society which is recognised in the version in force in accordance with Regulation (EC) No 391/2009.
2.
Generally accepted international procedures of maritime safety The owner of a vessel operated under foreign flag in the maritime transport sector, which is registered in the German Register of Ships, shall ensure that the Federal Office for Maritime accident investigation damage-or cause-causing incidents involving the ship are immediately reported to the same extent and in the same manner as described in § 7 of the Ordinance on the Safety of Maritime Affairs of 27 July 1993 (BGBl. 1417), as amended, for ships under the flag of the Federal Republic of Germany.
D.II.
Requirements relating to certain ro-ro passenger ships and high-speed passenger craft operated on scheduled services for the operation of ro-ro passenger ships and high-speed passenger craft on scheduled services from or to a German port under a foreign flag,
a)
the operator shall declare irrevocably his consent to the professional association for transport and transport, that all the Member States of the European Union which have a well-founded interest in this respect under Community law , the investigation of an accident or incident at sea in accordance with the IMO Code for the investigation of accidents and incidents at sea, which may participate fully or participate in the investigation, and that they have access to the the voyage data recorder of the person involved in this accident or incident Passenger ships or vehicles shall be granted;
b)
the owner must comply with the requirements of the text digit D.I.2 accordingly.
D.III.
Requirements relating to ships engaged in coastal shipping or used for industrial use
1.
Equivalent level of protection
1.1
Should a ship be coastal shipping within the meaning of the Coastal Shipping Regulation of 5 July 2002 (BGBl. 2555), or if it is used for commercial purposes on maritime routes or in the area adjacent to the German Coastal Sea, it must, subject to § 9 (6), comply in principle with the requirements of this Regulation, which are intended for ships of the same type and use for the operation under the Federal flag.
1.2
Unless otherwise provided, these vessels shall comply with the requirements of this Regulation if the required level of protection, in particular the safety and defence of water hazards, is guaranteed in an equivalent manner.
1.3
The requirement of an equivalent level of protection shall also apply in relation to ships flying the flag of a Member State of the European Union which, on the basis of Council Regulation (EEC) No 3577/92 of 7 December 1992, apply the application of the Principle of freedom to provide services to maritime transport in the Member States (maritime cabotage) (OJ L 327, 30.4.2004, p 7) provide transport services in intra-Community transport.
2.
Safety investigation For the operation of ships in the German coastal shipping industry, the requirements of the text digit D.I.2 must be complied with accordingly.
3.
Crews of foreign ships in coastal shipping which are not subject to the STCW Convention must be holders of valid foreign certificates which meet the requirements applicable to the management of ships. of the same type and use for the operation under the flag of the Federal Republic.
E.
Reference to technical regulations Where reference is made in or on the basis of this Regulation to DIN standards, these are published in Beuth-Verlag GmbH, 10722 Berlin. They are deposited at the German Patent Office in the form of an archive.
Unofficial table of contents

Appendix 2 (to § 9)
Ship certificates and certificates, ship visits

(Fundstelle: BGBl. I 1998, 3036-3039;
with regard to of the individual amendments. Footnote)
A.
Ship certificates and certificates
1.
Exhibition or extension of the period of validity of the Federal Transport Administration shall, upon request for ships carrying the Federal flag, the following ship certificates and certificates, individual certificates also for ships, which shall be issued by the Federal Government. foreign flag, issued, issued or extended in its period of validity:
Certificates/certificates issuing
Location
(I). Certificates/certificates within the framework of SOLAS
(1.) Safety certificate for passenger ships according to SOLAS regulation I/12 BG Transport
(2) Construction safety certificate for cargo ships according to SOLAS regulation I/12 BG Transport
(3) Cargo ship equipment safety certificate to SOLAS regulation I/12 BG Transport
(4.) Radio safety certificate for cargo ships according to SOLAS regulation I/12 BG Transport
(5.) Special certificate (SOLAS) according to SOLAS regulation I/12 BG Transport
(6) Certificate to SOLAS regulation II-2/ 19.4 BG Transport
(7) Document relating to the minimum crew required for safe operation of the ship to SOLAS regulation V/ 14.2 BG Transport
(8) Authorisation for the transport of cereals to SOLAS regulation VI/9 in conjunction with the International Cereals Code BG Transport
(9) International Certificate of suitability for the transport of dangerous chemicals as bulk material (IBC) to SOLAS regulation VII/10 in conjunction with I/12 BG Transport
(10) International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk (IGC) to SOLAS Regulation VII/13 in conjunction with Regulation I/12 BG Transport
(11)
(a)
Document on compliance with the relevant regulations (DOC) according to the SOLAS Regulations IX/4.1 and 4.2 (International Ship Safety Management-ISM)
BG Transport
(b)
Preliminary document on compliance with the relevant provisions
BG Transport
(12)
(a)
Certificate of Safety Management (SMC) in accordance with SOLAS regulation IX/4.3 in conjunction with regulation I/12 (ISM)
BG Transport
(b)
Preliminary testimony on the organisation of security measures
BG Transport
(13)
(a)
Safety certificate for high speed vehicles according to SOLAS regulation X/3
BG Transport
(b)
Certificate of approval for the operation of high speed craft in accordance with Section 1.9 of the High Speed (HSC) Code in conjunction with SOLAS regulation X/3
BG Transport
(13a) International Ship Security Certificate under Part A, Section 19.2 of the ISPS Code BSH
(II). Certificates/certificates according to MARPOL 1973/78, insofar as they are in force internationally
(14) International Certificate of Prevention of Oil Pollution according to MARPOL Annex I Rule 6 BG Transport
(15) International Certificate on the Prevention of Pollution in the Carriage of Harmful Liquid Substances as bulk material by MARPOL Annex II Rule 9 BG Transport
(15a) Certificate of trilateral agreement in accordance with MARPOL Annex II, Rule 6 (4) BG Transport
(16) Certificate of suitability for the transport of dangerous chemicals as bulk material according to MARPOL Annex II, Rule 11, in conjunction with point 1.6.4 of the BCH Code referred to in point II.2 of the Annex to the Ship Safety Act BG Transport
(17) International Certificate of Prevention of Air Pollution from Ships (IAPP Certificate) pursuant to MARPOL Annex VI Rules 6 and 8 BG Transport
(17a.) International Energy Efficiency Certificate (IEE Certificate) according to MARPOL Annex VI, Rule 6 and 8 BG Transport
(18) International motor accident prevention of air pollution (EIAPP certificate) according to Chapter 2 of the Technical Regulation on the control of nitrogen oxide emissions from marine diesel engines in conjunction with MARPOL Annex VI, Rule 13 BG Transport
(III). Certificates in accordance with the International Convention on Load Lines 1966
(19) International Certificate of Fribourg in accordance with Articles 3 and 16 (1) of the Convention BG Transport
(20) International Certificate of Exemption pursuant to Articles 3 and 16 (2) of the Convention BG Transport
(IV). Certificate issued in accordance with the 1969 International Convention on Ships ' Surveying
(21) International Ship Smeer Letter (1969) pursuant to Article 7 of the Convention BSH
(V). Certificate provided for in Council Directive 97 /70/EC of 11 December 1997 on a harmonised safety regime for fishing vessels of 24 metres in length and more (OJ L 327, 30.12.1997, p. EC No L 34 p. 1)
(22) Certificate of conformity, certificate of equipment and exceptional certificate referred to in Article 6 of the Directive BG Verkehr, BSH
(VI). Certificates and certificates issued in accordance with Directive 2009 /45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (OJ L 327, 30.4.2009, p. OJ L 161, 25.6... 2009, p. 1)
(23)
a)
Safety certificate for passenger ships referred to in Article 13 (1) and (2) of the Directive
BG Transport
b)
High-speed vehicle safety certificate and permit certificate referred to in Article 13 (3) of the Directive
BG Transport
c)
Construction and equipment certificate for vehicles with dynamic buoyanship and permits for the operation of vehicles with dynamic buoyanship in accordance with Article 13 (3) of the Directive
BG Transport
(VII). Other certificates and certificates
(24)
a)
Ship safety certificate in accordance with § 9 para. 3
BG Transport
b)
Certificate in accordance with § 9 (5)
Central Office of the Submission Commission/Shipyards
c)
Examination certificate in accordance with § 9 (4)
BSH, BG Transport
d)
Certificate in accordance with § 9 (6) sentence 1
BG Transport
(25)
a)
Certificate of official surveying (measurement letter)
BSH
b)
Certificate of measurement (limited to six months)
BSH
(26) International Certificate on the Prevention of Pollution from Waste Water (1973) pursuant to MARPOL Annex IV Rules 4 to 7 BG Transport
(27) Certificate of suitability for the carriage of liquefied gases as bulk material in conjunction with point 1.6.4 of the GC code BG Transport
(27) (a) International certificate of an anti-fouling system (IAFS-Certificate) after
aa)
Article 6 of Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on board vessels (OJ L 297, 15.8.2003, p. OJ L 115, 9.5.2003, p.1),
bb)
Annex 4 to Regulation 2 of the AFS-Convention (BGBl. 2008 II p 520) including the specification of the anti-fouling system
BG Transport
(27) (b) International certificate of ballast water treatment according to the Appendix E-2 of the Ballastwater Convention BG Transport
(28) Subject to the number (22) other certificates and certificates issued in accordance with the ship safety regulation in a version before the 1. October 1998, as well as extensions of certificates and certificates issued on the basis of provisions which have since been repeal BSH, BG Transport.
2.
Harmonised system of inspection and certificate subsection B, section VII of the Appendix to the Ship Safety Act, shall be applied to the Ship Safety Certificate in accordance with Section 9 (3) upon written application.
3.
The competent authority shall, with the agreement of the Federal Ministry of Transport and Digital Infrastructure, determine the samples of the certificates and other certificates referred to above, in so far as they are not otherwise binding, and makes them known in the traffic bulletin.
4.
Eintragungen
4.1
If, in the case of a cargo ship, the strength of the hull is sufficient for only a limited range, then this shall be entered in an annex to be connected to the safety certificate.
4.2
Conditions relating to the application of § 7 or § 9 shall be entered in an annex to be connected to the relevant certificate.
4.3
The relevant provisions on the issue of certificates shall apply mutatily to the certificates.
5.
Test drives On test drives in the inner German waters and in the German territorial sea, necessary certificates can be replaced by a test travel certificate issued by the professional association for transport and transport.
6.
Replacement equipment If a certificate or certificate has become unusable or if it is made credible that it has been lost, the competent authority shall issue a replacement copy, which shall be designated as such.
7.
Return of certificates The owner of a ship shall immediately return to the issuing authority invalid or lost ship certificates and certificates which have been rediscovered after the new exhibition.
8.
The competent authority shall have the power to require and take out insurance in lieu of the certificate or certificate or the loss thereof for the purposes of the credibility of the certificate or the certificate.
B.
For the certification of ships carrying the flag of the Federal Republic of Germany, the inspection of ships required (in accordance with § 9 (2))
1.
Competent authority
1.1
The managing authority responsible for the inspection of ships is the professional cooperative for transport and transport.
1.2
The managing authority responsible for the inspection (inspection prior to use on board and first inspection, re-examination, testing) of navigation and radio equipment on board ships shall be subject to the § 7 (2) of this Regulation the Federal Maritime and Hydrographic Office. Section A.I., point 1.2 of Appendix 1 shall apply mutatily.
1.3
The Federal Ministry of Transport and Digital Infrastructure is responsible for the tasks which the Federal Republic of Germany is responsible for in accordance with Directive 2009 /15/EC and Regulation (EC) No 391/2009, unless otherwise specified in point 3.2. is.
1.4
(dropped)
2.
Harmonised systems Where certificates are to be issued in accordance with the Harmonised System, the provisions applicable to this system shall also be applied to the surveys required for this purpose.
3.
Recognised classification societies
3.1
The applicant may designate a recognised classification society with which a contract of contract within the meaning of Article 5 (2) of Directive 2009 /15/EC has been established to carry out the surveys to be carried out for the purpose of granting which is referred to in Section A. No. 1. (1) to (5), (9) and (10), (13), (14) to (20), (22), (26) and (27) (a) of this Annex are required. Recognised classification societies are the recognised organisations within the meaning of Article 2 (g) of Directive 2009 /15/EC As far as necessary for the issue of the certificates referred to in the first sentence, the inspections may also apply to: Equipment which is not subject to any special authorisation. The recognised classification society shall carry out the inspections on its own responsibility and on its own responsibility.
3.2
The following shall apply to the contract with a recognised classification society:
a)
The Berufsgenossenschaft für Transport und Verkehrswirtschaft (Berufsgenossenschaft für Transport und Verkehrswirtschaft) and the Federal Maritime and Hydrographic Agency (Bundesamt für Seeschifffahrt und Hydrographie) are each responsible for their area of responsibility in accordance with § § 1, 5 and 6 of the Maritime Task Act in conjunction with Section A this installation with the recognised classification society is a written agreement which regulates the performance of the tasks within the scope of the contractual relationship. This agreement is subject to German law. The agreement may also be concluded in English; the version in the German language is authoritative.
b)
The duties assumed by the recognised classification society within the scope of the contractual relationship shall be carried out on a regular basis, at least every two years, by the Berufsgenossenschaft für Transport und Verkehrswirtschaft or the Federal Office of the Federal Republic of Germany. for shipping and hydrography. § 6 (5) sentence 1 of the Maritime Task Act shall apply to the costs incurred by the professional association for transport and transport.
c)
The professional association for transport and transport may at any time-even without prior notification-ensure that the recognised classification society is required to meet the requirements laid down in Annex I to Regulation (EC) No 391/2009. Requirements.
d)
The ship data required under Section 1 (12) of the Maritime Task Act, in particular for a ship's inventory file, as well as the relevant information on the class change or the relevant information referred to in Article 10 (4) of Regulation (EC) No 391/2009. The classification of ships is to be transmitted to the Federal Maritime and Hydrographic Agency responsible pursuant to Section 5 (1) (4a) of the Maritime Task Act.
e)
The recognised classification society must have a local representation as a safety requirement for ship inspections in the territory of the Federal Republic of Germany in accordance with this section.
f)
Commercial links to a shipowner within the meaning of point A (6) of the Annex to the Directive are not normally the case with the private-sector activity of the classification society in the context of the classification of ships. linked legal relations.
3.3
The establishment of a contractual relationship within the meaning of Article 5 (2) of Directive 2009 /15/EC with classification societies which do not establish their establishment within the meaning of Article 2 (j) of Regulation (EC) No 391/2009 in the territory of Member States of the European Union shall require the approval of the Federal Ministry of Transport and Digital Infrastructure. Consent may be made subject to the condition that the State in which the company has its establishment, on the basis of reciprocity, shall also be subject to the recognised classification societies established in the European Union to be recognised and to operate without discrimination.
3.4
The recognised classification society shall, in accordance with the provisions of the international conventions and this Regulation and in compliance with the Directive for the construction and equipping of vessels, have the ship inspections referred to in this section. Ship steam boiler systems on seagoing vessels flying the German flag (VkBl. 313, plant volume B 8129) as amended, as well as the relevant directives of the Professional Cooperative Society, which are published in the Official Journal for the interpretation of these provisions or by circulars in relation to the classification society for transport and transport.
3.5
For the purposes of issuing the certificates referred to in point 3.1 by the professional association for transport and transport, proof that the inspection requirements laid down for this purpose have been fulfilled shall be deemed to have been fulfilled if the recognised requirements for inspection have been fulfilled. The classification society has carried out the survey in accordance with this Regulation and the professional cooperative for transport and transport confirms that the requirements are met.
3.6
If the professional association for transport and transport has good reason to believe that the inspections carried out by a recognised classification society are not carried out in accordance with the rules, it may, for the To grant the certificates referred to in point 3.1 further proof of compliance with the relevant inspection requirements and to carry out its own inspections.
3.7
For reasons of serious danger to safety and the environment, the Federal Ministry of Transport and Digital Infrastructure may provisionally order that survey results of a recognised classification society do not result in the issuance of the Certificates referred to in point 3.1 may be used. The decision shall be notified to the competent authority, to the classification society concerned, to the European Commission and to the other Member States, and to the ship owners concerned. In the case of the withdrawal of recognition by the Commission in accordance with Article 7 of Regulation (EC) No 391/2009, the contract shall be deemed to have been terminated with the date on which the withdrawal is effective.
3.8
If the applicant requests visits directly by the professional association for transport and transport, these are without prejudice to Directive 2009 /15/EC within the framework of German law, and in particular Article 6 (1) of the Maritime Task Law.
4.
Visits to Appendix 4 of the AFS-Convention
a)
An anti-fouling system which is reviewed during a visit to Annex 4 to Regulation 1 of the AFS-Convention and which is a biocidal product within the meaning of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 on the Provision on the market and use of biocidal products (OJ C 327, 28.4.2002, p 1), is in accordance with the Convention if it is properly provided on the market or used in the market in accordance with Article 17 (1) of Regulation (EU) No 528/2012 or in accordance with Article 28 (8) to (10) of the Chemicals Act . The professional association for transport and transport has to be assured of this. In order to speed up the procedure, the applicant, in order to prove the conditions set out in the first sentence, may submit one of the following documents in copy:
aa)
Notification to the competent authority of a
-
Authorisation within the meaning of Article 17 (1) of Regulation (EU) No 528/2012,
-
Issue of the registration number according to § 3, paragraph 2, sentence 4 of the Biocide-Reporting Ordinance of 14 June 2011 (BGBl. 1085), as amended,
bb)
Excerpt from the Electronic Directory
-
pursuant to Article 67 (2) of Regulation (EU) No 528/2012, or
-
According to § 4 of the Biocide-Reporting Ordinance with the information necessary for the identification of the anti-fouling system.
b)
Where an anti-fouling system is not subject to the provisions referred to in the first sentence, it shall be provided by the professional association for transport and transport, or by the body entrusted by it, in accordance with the guidelines for the inspection of Protection systems for ships and for the issuance of certificates of such surveys (VkBl. 657). Certificates of recognised classification societies must be recognised as to the absence of organotin compounds (TBT-free certification).
5.
Recognition of foreign certificates The competent authority shall, on a case-by-case basis or in general, identify a test, investigation or testing certified by the competent authority of another Member State of the European Union, to the extent that: demonstrably equivalent requirements have been met. Such recognition may be carried out in the case of certificates issued by another State. The requirements are equivalent if the required level of protection in terms of suitability for ship operation and the safe function on board as well as the health is achieved on a permanent basis.
Unofficial table of contents

Appendix 3 (to § 13 para. 4a)
Proof of qualifications for the mobile maritime service and the mobile sea service via satellites

Source of the original text: BGBl. I 2001, 2281-2284;
with regard to of the individual amendments. Footnote
A.
Types of qualifications, acquisition, period of validity, exchange
1.
Types of evidence of formal qualifications
1.1
The following radio certificates as well as validity and recognition certificates (certificates of competence) are issued by the Federal Transport Administration or are extended in their period of validity:
a)
in the case of seefuncture services on ships participating in the Global Maritime Distress and Safety System (GMDSS),
aa)
General Operator's Certificate (GOC),
bb)
Restricted Operator's Certificate (ROC),
cc)
VHF certificate for radio operator (UBZ);
b)
in the case of seefuncture services on ships not subject to Chapter IV of the SOLAS Convention, and participating in the Global Maritime Distress and Safety System (GMDSS),
aa)
Long Range Certificate (LRC),
bb)
Restricted Radio Certificate (Short Range Certificate (SRC));
c)
recognition note for holders of foreign administrations ' radio products;
d)
Validity note on Seefuncertificates in accordance with the STCW Convention.
1.2
(dropped)
2.
Empowerment for the exercise of the Seefuning Service
2.1
According to the type of seefuncture to be served, which of the qualifications listed in point 1 is sufficient for the exercise of the seefuncture service at this point of the sea.
2.2
The General Operating Certificate for Funker (GOC) entitles the unrestricted exercise of the maritime service in the case of spokesy-Seefunkstellen, ship-earth stations as well as to all radio equipment of the GMDSS.
2.3
The limited operating certificate for radiators (ROC) entitles the use of the seefuncture service in the case of the Sprech-Seefunkstellen für UKW und Funkeinrichtungen des GMDSS für UKW.
2.4
The UKW operating certificate for the radio operator (UBZ) entitles the use of seefuncture service in the Sprech Seefunkstellen für UKW and radio facilities of the GMDSS for VHF in the German sea areas.
2.5
The General Radio Certificate (LRC) entitles the GMDSS to fully exercise the maritime service in the case of spawn, ship-to-earth stations and radio equipment of the GMDSS on sports vehicles and on ships for which this is carried out in a the rule of law or a directive within the meaning of Article 6.
2.6
The Restricted Radio Operating Certificate (SRC) shall entice the GMDSS for the performance of the seefuncture service for VHF and radio equipment of the GMDSS for VHF on sports vehicles and on ships for which this is in accordance with a legal standard or in a Directive within the meaning of § 6.
2.7
For the purpose of serving satellite seaside radio beacons (Sat-EPIRB), radar transponders for search and rescue, satellite radio equipment used exclusively for general communication, and radio reception facilities for the exclusive reception of satellite radio signals Shipping-related information is not required for the possession of a sea-level certificate.
3.
Conditions for the acquisition of a marine product
3.1
The applicant shall receive a marine certificate if he/she has reached the required age for this purpose and meets the requirements for training and assessment of the qualifications. The age requirement is fulfilled
a)
in the case of marine products referred to in point 1.1 (b), double-letter bb, if it is 15. Year of age,
b)
in the case of marine products, in accordance with point 1.1 (a) (a) (aa) to (cc) and (b) (b), (aa), if he is 18. Year of life has been completed.
3.2
The applicant for a marine certificate meets the requirements with regard to training and assessment of qualifications
a)
in the case of marine products referred to in point 1.1 (a), where the conditions and requirements for examination pursuant to Section 2 of the Maritime Task Act are in the version of the notice of 18 September 1998 (BGBl. 2986), as amended and in accordance with this Annex, are complied with,
b)
in the case of marine products referred to in point 1.1 (b), where the conditions and testing requirements of this Annex have been met.
4.
Period of validity of certificates of formal qualifications
4.1
Seefuncture products referred to in point 1.1 (a) shall be issued for an indefinite period. The certificate shall be issued for the purpose of carrying out the seefuncture service by means of a certificate of validity of the Sefaint certificate for a period of five years.
4.2
The validity note referred to in point 1.1 (d) shall be extended by the Federal Maritime and Hydrographic Agency for a period of five years, provided that one of the following conditions is met:
a)
the holder of the certificate has carried out at least one year during the last five years on a seagoing ship subject to a radio equipment subject to the seagoing service,
b)
the holder of the certificate has carried out activities which are recognised as appropriate by the Federal Ministry of Transport and Digital Infrastructure or by the body designated by it in order to maintain the ability to continue;
c)
the holder of the certificate has successfully passed a simplified examination at the Federal Maritime and Hydrographic Office or a body designated by that authority,
d)
within 24 months prior to the application, the holder of the certificate has successfully completed the period of validity of a repeat course at a competent training institution of the Länder, the Bundeswehr or the Federal Police in the sense of the Section C No 4.1 of this Annex.
The extension of the validity note shall be the same as the registration of a function note in connection with a validity note (Endorsement), which indicates that one of the conditions laid down in point (a) to (d) is fulfilled.
4.3
Seefuncture products referred to in point 1.1 (b) shall be valid for an unlimited period.
4.4
Seefuncture certificates issued prior to the entry into force of these provisions and not revoked shall be valid in accordance with their content.
5.
UmtauschThe Federal Maritime and Hydrographic Office may exchange the following valid seefuncture products on request:

a) General operating certificate for the radio operator (ABZ) to General Operator's Certificate (GOC),
b) Restricted operating certificate for Funker I (BZ I) to Restricted Operator's Certificate (ROC),
c) Restricted operating certificate for Funker II (BZ II) to VHF certificate for radio operator (UBZ).
6.
The Federal Office for Maritime Navigation and Hydrography, with the agreement of the Federal Ministry of Transport and Digital Infrastructure, shall determine the samples of the certificates and other certificates referred to above, provided they are not otherwise binding , and shall make them known in the Official Journal of the European Union.
B.
Examination regulations, implementation of the examination
1.
Acquisition of radio operating products LRC and SRC
1.1
Examination responsibilities
1.1.1
For the admission to the examination and the issuing of the General Certificate (Long Range Certificate (LRC)) and the Limited valid radio operating certificate (Short Range Certificate (SRC)), the associations in accordance with § 13 (4a) shall set up A Central Administrative Office, which shall examine the admission requirements, determine the requirements of the dates and places of examination, determine the existence of the test, and issue the relevant radio certificates. § 3 (2) sentence 2 of the Sportseeschifferscheinverordnung in the version of the Notice of 3 March 1998 (BGBl. I S 394), as last amended by Article 6 of the Regulation of 28 June 2006 (BGBl I). 1417), shall be applicable.
1.1.2
The head office shall be authorised to check and carry out the tests and to issue the radio products, including the collection and collection of the costs of the examination committees referred to in point 1.1.3.
1.1.3
For the purposes set out in point 1.1.2, audit committees shall be set up by the representative associations. An audit committee consists of a head appointed by the Federal Maritime and Hydrographic Agency with the approval of the Federal Ministry of Transport and Digital Infrastructure, and his deputy.
1.1.4
The Federal Ministry of Transport and Digital Infrastructure, in agreement with the representative associations, shall designate the seat of the examination committees.
1.1.5
The tests on the radio report are taken by examination commissions, which are used by the head of the Audit Committee and consist of a chairman and two co-sitters. The members of the examination commissions are appointed by the Federal Maritime and Hydrographic Office on a proposal from the representative associations. After hearing the representative associations, the Federal Maritime and Hydrographic Office can revoke or withdraw the appointment of the members of the examination commissions. The members of the examination commissions must be at least holders of the General Radio Operating Certificate (LRC).
1.1.6
The applicant has to send his application in writing to an examination board. The application shall be accompanied by:
a)
a copy of the valid identity card or passport and
b)
a passport picture from more recent times.
Registration for an exam can also be done as a group registration.
1.1.7
The applicant shall be admitted for examination if the documents required under this section are available and the receipt of the examination fees has been proved. Approval for the examination may not be carried out at the earliest three months before the minimum age referred to in point A (3.1) (a) has been reached.
1.2
Conduct of the audit
1.2.1
The head of the examination board or his deputy shall determine the date of the examination and the place of examination. A record is to be recorded on the course of the examination.
1.2.2
Upon request, the applicant must show himself/herself by presenting the valid identity card or passport before the examination begins.
1.2.3
If the applicant resigns for reasons other than compelling health reasons during the examination, the examination shall be deemed not to pass.
1.2.4
Unauthorized aids, such as Books, calculators, etc. a, or foreign help may not be used during the examination. In the case of a deception test, the test shall be deemed not to pass; this shall also apply to test parts which have already been successfully carried out. Prior to the start of the examination, the Chairman shall inform the candidates of the consequences of a deception trial.
1.2.5
The Examination Board decides on the outcome of the examination. The test has been passed if the applicant has demonstrated skills and knowledge in all parts of the examination which, in the case of the radio certificates referred to in Section A, point 1.1 (a) and (b), shall be determined in accordance with the conditions laid down in the Official Journal of the Federal Republic of Germany Traffic and digital infrastructure are sufficient audit guidelines. There is a need for a unanimous decision to pass.
1.3
Repeat Review
1.3.1
If the applicant has not passed the examination, he can repeat the examination. The test parts in which the applicant has not passed are to be examined again. The re-examination may take place at the earliest seven days and no later than six months after the date of the examination which has not been passed.
1.3.2
The repeat examination shall be subject to the rules referred to in point 1.2.
2.
Supplemental tests
2.1
Holders of a VHF operating certificate for a radio operator (UBZ) or a limited valid operating certificate for Funker II (VHF operating certificate II) may, by means of a supplementary examination, limit the valid operating certificate for the radio operator (ROC) or the restriction Acquire a valid radio operating certificate (SRC).
2.2
Holders of a VHF radio certificate for the inland waterway radio (UBI) can acquire the valid radio operating certificate (SRC) by means of a supplementary test.
2.3
The supplementary tests may be filed in conjunction with an examination in accordance with point 1.2. If the applicant has not passed the Complementary Examination, he can retake it again. Point 1.3 shall apply accordingly.
3.
Simplified testing holders of seefuncture certificates whose validity has expired may undergo a simplified test. Points 1.2 and 1.3 shall apply accordingly.
4.
Adjustment Check
Holders of foreign certificates of competence in which the acquisition of qualifications does not comply with the requirements of the Radio Regulations, can be used for the acquisition of a German radio operating certificate of an adjustment test , which consists of a theoretical part and a practical part. The content of the adjustment test will be announced in the examination guideline published in the Federal Ministry of Transport and Digital Infrastructure's Transport and Digital Infrastructure (Bundesministry für Verkehr und digitale Infrastructure). Points 1.1, 1.2 and 1.3 shall apply accordingly.
C.
Issue, recognition and replacement of certificates of competency
1.
Department Points
1.1
The Federal Office for Maritime Navigation and Hydrography is responsible for issuing certificates of competence, unless otherwise provided for in point 1.2. The responsibility of the authorities responsible for the review within the meaning of Section 2 of the Maritime Task Act, as amended by the Notice of 18 September 1998 (BGBl. 2986), in the version in force, in order to register a record of the function as a radio, shall remain unaffected.
1.2
The certification bodies referred to in point A 1.1 (b) shall be responsible for the issue of seefuncture products in accordance with Section B, point 1.1 (b). The associations referred to in this section shall be instructed to determine whether the applicant has fulfilled the conditions of the acquisition for a marine certificate, to issue the Seefunning Certificate and to hand it out to the applicant.
2.
Recognition of seefuncture products of foreign administrations
2.1
Evidence of formal qualifications for the performance of seefuncture service in seefuncture sites on ships subject to the SOLAS Convention
The Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) issued a certificate of recognition in the original valid certificates issued by a Contracting State of the STCW Convention if the State of the International Maritime Safety Committee of the International Maritime Safety Authority (STCW) The Maritime Organization has been confirmed in full compliance with the STCW Convention and is in accordance with the certificate required by the STCW Convention.
2.2
Evidence of formal qualifications for the performance of seefuncture in seefuncture sites on ships not subject to the SOLAS Convention
2.2.1
Evidence of formal qualifications of a Contracting State of the Constitution and Convention of the International Telecommunication Union (BGBl. 1306) in the current version do not require any recognition if the Federal Ministry of Transport and Digital Infrastructure has established that the certificates of formal qualifications are acquired in accordance with the rules of law for the radio service. . The Federal Ministry of Transport and Digital Infrastructure (B.1.1.1) will announce a list of foreign certificates of foreign competence that have been identified as being equivalent to the foreign certificates of foreign qualifications. Where the acquisition of formal qualifications does not comply with the provisions of the Radio Regulations, and the holder has been permanently in the scope of this Regulation for more than one year, he shall, by placing an examination in accordance with Section B, point 4 (adaptation test) shall demonstrate its competence.
2.2.2
Evidence of formal qualifications of a Contracting State of the STCW Convention shall not be subject to recognition by the International Maritime Safety Committee of the International Maritime Organization (STCW) without the full application of the STCW Convention. , and the certificate of competency of the form prescribed in the STCW Convention. There is no need for an effective endorsement within the meaning of the STCW Convention.
2.2.3
Proof of formal qualifications of a Contracting State of the STCW Convention shall not be subject to recognition, even if the International Maritime Organisation's Maritime Safety Committee does not fully implement the STCW Convention , but the certificate of competency of the form prescribed by the STCW Convention and the holder is not permanently in the scope of this Regulation for more than one year. Section C.2.2.1, sentence 3 and section C.2.2.2, second sentence, shall apply accordingly.
3.
Replacement Completion For a lost valid proof of competence, the body which issued the original document shall produce a second copy upon request. The same applies if the document has become unusable. In this case, the original copy must be returned prior to the copy of the second copy. The application for the copy of a second copy is to be accompanied by a new passport picture from the more recent time.
4.
Recognition of exams at training centres of the federal states, the Bundeswehr and the Federal Police
4.1
The administrative arrangements for the recognition of tests
a)
at training centres in the federal states and
b)
at training centres of the German Armed Forces or the Federal Police
remain unaffected.
5.
Recognition of examinations in the field of equipment for an examination in the field of equipment which the applicant has filed from the entry into force of this Regulation shall be without prejudice to the recognition of a training institution which is not a training place of the Länder.
D.
Withdrawal of radio products
1.
Unless otherwise specified, radio products may be withdrawn pursuant to this Regulation if the conditions for issue are no longer available or the holder is in a dangerous manner against the provisions of the Seefunted service has failed.
2.
Responsible for the withdrawal
a)
in the case of the radio products referred to in Section A (1.1) (a), the Federal Maritime and Hydrographic Agency,
b)
in the case of the radio products referred to in point A (1.1) (b), the head office within the meaning of Section B (1).
3.
The holder shall deliver the radio certificate to the body responsible in accordance with paragraph 2.