Ship Sunfall Database Act (SchUnfDatG)

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SchUnfDatg

Date of completion: 07.08.2013

Full quote:

" Ship Sunfall Database Act of 7 August 2013 (BGBl. 3118), which is provided for by Article 553 of the Regulation of 31 August 2015 (BGBl. I p. 1474).

Note:

Amendment by Art. 553 V v. 31.8.2015 I 1474 (No 35) in a textual, documentary form not yet concludedly edited

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2014 + + +) 
  
The G was decided by the Bundestag as Article 1 of the G v. 7.8.2013 I 3118.   
It's gem.  Article 3 (2) of this G entered into force on 1 January 2014. 

  

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§ 1 Scope

(1) This Act shall apply:

1.

on the sea waterways within the meaning of § 1 (2) of the Federal Waterways Act,

2.

on the waterways of the Federation designated in accordance with Annex I of the inland waterway search order;

3.

for accidents in the ports located on the waterways of the federal government.

(2) This Act shall not apply to:

1.

Watercraft of the German Armed Forces,

2.

Water vehicles of the federal and state authorities, provided that they are intended for the performance of enforcement tasks.

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§ 2 Definitions

This law shall be deemed to be

1.

"watercraft" means a seagoing vessel or an inland waterway vessel, including a small vehicle, a ferry, a school leeway, a floating body, a floating device and a floating facility;

2.

"accident" means any unforeseeable event which, in connection with the operation of a watercraft or taking part in the carriage of the vessel, is detrimental to personal injury or damage to property or to environmental damage, or a serious disturbance to the As well as on the sea waterways, any incident in accordance with Section 1a (1) (b) of the Law on Maritime Safety (Seesickness) is also causing traffic.

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§ 3 Establishment

(1) In the case of the Directorate-General for Waterways and Shipping, a central database shall be established for the collection and evaluation of accidents involving watercraft (vessel sunfall database). (2) The ship-sunfall database shall be located next to the in paragraph 1, the following tasks shall also be carried out:

1.

Compilation and analysis of statistics,

2.

Determination of current or shipping policy requirements for regulation and action,

3.

Determination of the need for regulation and action on waterways and crusade structures,

4.

Determination of the need for regulation and action in respect of the construction and equipment of watercraft,

5.

Conduct of research projects in the field of domestic and maritime transport,

6.

Assessment of the suitability and competence of persons for the driving of vessels,

7.

to punish the infringements of persons who commit criminal offences or administrative offences relating to the traffic on the waterways referred to in Article 1 (1) (1) and (2),

8.

the assessment of persons with regard to their reliability in the performance of the responsibility conferred upon them by law, statute or contract in order to ensure compliance with the rules on safety in shipping;

9.

Approval and monitoring of vehicles according to the shipping regulations.

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§ 4 Data collection

(1) For the purposes specified in § 3 (1) and (2) in the event of an accident, the following data shall be provided by the services of the Water and Shipping Administration of the Federal Government and the authorities responsible for the exercise of water protection police tasks. Services of the countries collected electronically or in paper form and sent to the database leading office:

1.

Information on the owner of the watercraft involved in an accident:

a)

for natural persons: surname, name of birth, first name, date and place of birth, nationality, address, telephone and fax numbers;

b)

in the case of legal persons and authorities: the name or name and address of the place of business and a legal representative with a surname, name of birth, first name, address, telephone and fax numbers;

c)

in the case of associations: a legal representative containing the information referred to in (a) and, if necessary, the name of the association;

2.

Information on the equipment supplier, carrier, landlord, charterer, insurer, tenant, charterer or broker of the watercraft involved in an accident or of the legal representative appointed by each of them, together with the data referred to in point 1 (c) a, b or c where there is a supplier, carrier, landlord, charterer, insurance, tenant, charter or brokerage;

3.

Information on crew members, on-board personnel, pilots, loading and unloading of the watercraft involved in an accident:

a)

personal data: surname, birth name, first name, date and place of birth, nationality, address, telephone and fax numbers;

b)

Certificates of competence:

aa)

the nature of the certificate, the number of the certificate, the issuing authority, the date of issue, the scope of the certificate;

bb)

the type of other professional qualifications or certificates, the number of other professional qualifications or certificates, the issuing authority or the organisation, date of issue;

c)

Function on board at the time of accident;

4.

information on other participants and witnesses to the accident of the watercraft involved in an accident: surname, name of birth, first name, address, telephone number and fax number;

5.

Information on the journey of the watercraft involved in an accident:

a)

the position of the vehicles,

b)

the driving direction of the vehicles,

c)

the actual draught of the vehicles at the time of the accident,

d)

Travel route with departure and expected arrival times for the exit and destination ports and the end-of-day terminal,

e)

Cargo data indicating whether dangerous goods are part of the cargo;

6.

Information on the accident:

a)

Time of accident,

b)

Accident site,

c)

Type of accident,

d)

traffic situation,

e)

external conditions, in particular weather conditions,

f)

the causes of accidents,

g)

Consequences of accidents,

h)

Communication as to whether an accident report under subsection 1.8.5.1 of the Annex to the European Convention of 26 May 2000 on the International Carriage of Dangerous Goods by Inland Waterways (ADN) (BGBl). 2007 II p. 1906, 1908; 2009 II p. 162) or in accordance with § 4 (8) of the hazardous goods regulation See;

7.

Information on the watercraft involved in an accident:

a)

name, type, place of origin, identification or bathing number, uniform European shipping number or official or officially recognised registration number, radio call sign, in the case of sea-going IMO ship identification number and distinguishing signal,

b)

Construction and use characteristics with the necessary entries from the ship's documents, in particular the travel certificates, calibration certificates, ship safety certificates, ship ' s letters and, in addition, in the case of dangerous goods ships including registration certificates in accordance with ADN, as well as from the ship registers, including information on ownership,

c)

Maneuvering property of the vehicles before the accident,

d)

Extent and condition of the nautical equipment, insofar as it had an impact on the accident.

The data referred to in the first sentence may also be collected by the authorities referred to therein for the purpose of the subsequent transmission in accordance with the first sentence, with the assistance and evaluation of automatic ship identification systems and the voyage data recorder. (2) Paragraph 1 sentence 1 shall not apply to data provided by the persons concerned in the accident reports referred to in subsection 1.8.5.1 ADN of the Central Office of the Submission Commission/Shipeichamt or in accordance with Section 4 (8) of the Ordinance on the Safety of Dangerous Goods by the competent authorities shall be forwarded. Unofficial table of contents

§ 5 Data storage and data usage

(1) The database leading authority may collect, store and use the data in accordance with Section 4 (1) sentence 1 for the purposes specified in § 3 (1) and (2). Data on accidents within the scope of Article 1 (1) (3) may only be collected, stored and used for statistical purposes. (2) The data referred to in the first sentence of § 4 (1) may be used for the purposes of Article 3 (2) (6) to (9). Purpose of the services of the Water and Shipping Administration of the Federal Republic of Germany and of the departments of the Länder responsible for the exercise of water protection police tasks within the framework of their legal tasks by direct access in each case shall be collected, stored and used, insofar as this is the case for their respective task performance in the Individual cases are required. For the purposes of § 3 (2) (1) to (5), the data may be collected, stored and used only in accordance with § 4 (1) sentence 1, insofar as it is not personal data. Unofficial table of contents

§ 6 Data transmission

(1) The database leading authority is authorized to use the data according to § 4 (1), first sentence, insofar as it is not personal data, to the Federal Ministry of Transport and Digital for the purposes specified in § 3 (2) (1), (2), (4) and (5). Infrastructure, to the Bundesanstalt für Wasserbau, to the Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) and to the purposes mentioned in § 3 (2) (1) and (3) to the cross-building structures named for waterways according to national law. authorities shall, as far as is necessary for their respective task performance. The data transmitted in accordance with the first sentence may be used for the purposes specified therein by the Federal Ministry of Transport and Digital Infrastructure, by the Federal Institute for Water Construction, by the Federal Maritime and Hydrographic Agency and by those for waterways. (2) The database-leading body shall transmit at regular intervals, at least as far as possible, at least However, every three months, the data referred to in the first sentence of Article 4 (1), unless it is personal data, to the Central Commission for the Navigation of the Rhine for the implementation of those data by the Law of 6 July 1966 to the Convention of 20 November 1963 on the revision of the 17. October 1868 in Mannheim signed Revided Rhine Navigation Act (BGBl. 560), including the tasks assigned to the Federal Republic of Germany in force. (3) The database-leading body may use the data in accordance with § 4 (1) sentence 1 for the purpose of

1.

Administrative management

a)

after

aa)

the Inland Waterway Task Act,

bb)

the Maritime Task Act,

cc)

the Federal Water Road Act,

dd)

the Dangerous Goods Transport Act,

ee)

the flag law,

ff)

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

b)

in accordance with the laws adopted in accordance with point (a) of this Article, or

c)

in accordance with the laws of the country or pursuant to these laws

to the Federal Ministry of Transport and Digital Infrastructure, the departments of the Water and Shipping Administration of the Federal Republic of Germany, the departments of the Länder responsible for the exercise of water protection policing tasks, the Federal Institute for Water construction, the Federal Maritime and Hydrographic Agency, the top departments of the water and shipping administrations of the countries, the port administrations, the professional association for transport and transport and the Inland waterway search order of 6 December 2008 (BGBl. I p. 2450), as last amended by Article 1 of the Regulation of 20 December 2012 (BGBl. 2802), listed classification societies,

2.

Implementation of research projects in the field of inland waterway transport and shipping in an anonymised form to those of the Federal Ministry of Transport and Digital Infrastructure, of the Federal Institute for Water Construction, of the Services of the Water- and ship administration of the Federal Government or of the Federal Maritime and Hydrographic Research Agency

shall, at the request of the relevant competent authority, forward to the extent necessary for the fulfilment of a task of the requesting body referred to in points 1 to 2 in each individual case. (4) The database leading authority shall be entitled to the data in accordance with Article 4 (1) sentence 1 In compliance with § 4b of the German Federal Data Protection Act and subject to § 9a of the Dangerous Goods Transport Act to the relevant organs and bodies of the European Union and in compliance with § 4c of the Federal Data Protection Act (Bundesdatenschutzgesetz) to more than- or inter-governmental bodies, international organisations or public Submit to other States, to the extent that:

1.

on the implementation of administrative measures in the field of navigation,

2.

for the prosecution of infringements of rules in the field of navigation, or

3.

for the prosecution of criminal offences relating to shipping traffic or other vessels or documents relating to the ship, its cargo or crew,

shall be required by the competent institutions and bodies of the European Union, by national or international bodies, by international organisations or by public bodies of other States in each individual case. Unofficial table of contents

§ 7 Delete

(1) Personal data pursuant to § 4 (1) sentence 1 shall be deleted immediately in individual cases, insofar as they are no longer required for the performance of the purposes pursuant to § 3 (1) and (2), but at the latest automatically after ten years from the day of the (2) Non-personal data shall be deleted automatically after 30 years. (3) In the case of minors, paragraphs 1 and 2 shall apply with the proviso that the deletion period shall be five years. Unofficial table of contents

Section 8 Regulation authorisation

The Federal Ministry of Transport and Digital Infrastructure is authorized, with the consent of the Federal Council, to regulate details of the form of data processing, in particular for the protection of data security, by means of a legal regulation.