Regulation on installations seewards the limitation of the German territorial sea (Maritime Ordinance-SeeAnlV)

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SeeAnlV

Date of completion: 23.01.1997

Full quote:

" Maritime Ordinance of 23 January 1997 (BGBl. 57), as defined by Article 545 of the Regulation of 31 August 2015 (BGBl I). I p. 1474).

Status:	Last amended by Art. 1 V v. 29.8.2013 BAnz AT 30.08.2013 V1
Note:	Amendment by Art. 545 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: 1.2.1997 + + +) 

  

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Input formula

Pursuant to § 9 (1) sentence 1 No. 4a, para. 2 sentence 1 no. 1 in conjunction with § 1 No. 10a of the Law on the tasks of the federal government in the field of maritime navigation (Maritime Task Act) in the version of the notice of 27 September 1994 (BGBl. 2802), of which § 9 para. 1 sentence 1 no. 4a and § 1 No. 10a by Article 1 of the Law of 6 June 1995 (BGBl. 778), the Federal Ministry of Transport is responsible for the following: Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to the establishment and operation of installations

1.

in the area of the exclusive economic zone of the Federal Republic of Germany and

2.

on the high seas, provided that the owner is a German resident within the scope of the Basic Law.

Germans residing within the scope of the Basic Law are equal to open commercial companies, limited partnerships and legal persons who have their registered office in this area, namely:

1.

open trading companies and limited partnerships, if the majority of both the personally liable and the management and representation are members of Germans and, moreover, according to the social contract, the German shareholders have the majority of votes,

2.

Legal persons, if the majority of Germans have a majority on the board or in the management.

This Regulation shall also apply to the modification of such an installation or its operation. (2) For the purposes of this Regulation, installations shall be any fixed or technical equipment which is fixed or not only for a short-term purpose; , including structures and artificial islands, as well as the facilities required for the establishment and operation of such islands, which shall:

1.

the production of energy from water, currents and wind,

2.

the transmission of energy from water, currents and wind,

3.

other economic purposes, or

4.

Sea-level investigations

are used. No installations within the meaning of this Regulation shall be ships and floatable platforms and ships redesigned for platforms, even if they are fixed with the aim of re-commissioning and do not fall under the first sentence, shipping signs, Installations which are authorised under the law of the law, installations in need of monitoring in the sense of product safety regulations and passive fishing gear of the fishery. Unofficial table of contents

§ 1a Responsibility

The Federal Maritime and Hydrographic Office is responsible for the implementation of this Regulation, unless otherwise specified. Unofficial table of contents

§ 2 Plan determination

(1) The establishment and operation of installations within the meaning of Section 1 (2), first sentence, points 1 and 2, as well as the substantial modification of such plants or their operations, require the planning of the plan. (2) The Federal Office of the Federal Office of the Hearing and Planning Authority (Bundesamt) for shipping and hydrography; this is also the planning approval authority. (3) § § 72 to 78 of the Administrative Procedure Act shall apply in accordance with this Regulation for the planning procedure. § 36 (2) and (3) of the Administrative Procedure Act shall apply. Unofficial table of contents

§ 3 Competition

(1) If the institution of a project requests the planning authority to provide information within the meaning of Article 5 of the Law on Environmental Impact Assessment, including the information referred to in paragraph 2, the planning authority may subsequently: , in so far as these projects are not related to the project, the subject-matter of the earlier project, or requests for the implementation of the plan-fixing procedure of other institutions of a project, after consultation of the parties concerned. It is a request to be compatible. It shall be admissible only until a final decision has been taken on the project which is the subject of the previous request, or until such time as the procedure referred to in paragraph 4 has been suspended. (2) The information on the Requests referred to in paragraph 1 shall include at least:

1.

a detailed description of the project,

2.

a comprehensive presentation, based at least on the evaluation of literature studies, of possible effects on the public concerns touched upon by the project,

3.

a concept for the identification and assessment of the impact and

4.

a comprehensible time and action plan for the further process up to the commissioning of the plant.

(3) If the institution of a project requests the planning of the project in accordance with Article 4 (1), without prior request for information within the meaning of Section 5 of the Law on Environmental Impact Assessment (EIA), , the planning authority may, at a later stage, return an in-depth investigation or request for the implementation of a plan-setting procedure for other institutions of a project, after consulting the parties concerned, in so far as such projects are not carried out on account of the location the project which is the subject of the earlier application. The second sentence of paragraph 1 shall apply. (4) If the original institution of the project does not comply with the timetable and action plan referred to in paragraph 2 (4), the planning authority may subsequently request an in-depth investigation or request for the implementation of a The planning procedure for other institutions of a project, after consultation of the parties concerned, shall be preferred; the original procedure shall then be based on a final decision having been taken in the earlier procedure. Unofficial table of contents

§ 3a (omitted)

(dropped) Unofficial table of contents

§ 4 Planning procedures

(1) The plan shall include, in addition to the information provided for in the second sentence of Article 73 (1) of the Administrative Procedure Act, a presentation of the security and precautionary measures, a schedule of time and measures as the basis for a decision pursuant to § 5 (3) and Requirement of the planning authority opinion of one or a recognised expert on the question of whether the plant and its operation correspond to the state of the art and the safety requirements. In the case of projects in accordance with Section 1 (2) (1), the plan also includes the documents in accordance with § 6 of the Law on Environmental Impact Assessment. If the particulars and documents for the examination are not sufficient, they shall be supplemented by the institution of the project, at the request of the planning authority, within a reasonable time limit set by that authority. If the institution of the project does not comply with this, the planning authority may reject the application. (2) § 73 (2), 3 sentence 1, paragraph 4 sentence 1, paragraph 5 sentence 1 and section 74 (4) sentence 2 of the Administrative Procedure Law shall be applied with the proviso that: that the position of the congregation is to be replaced by the planning authority. The documents are to be interpreted in the form of an official notice in the Official Journal of the Federal Republic of Germany (Official Journal of the Federal Office for Maritime Navigation and Hydrography) and by publication in the Official Journal of the Federal Republic of Germany (Official Journal of the Federal Republic of Germany). (3) In order to allow a rapid implementation of the planning procedure, the planning authority may provide the institution of the project with appropriate time limits after consultation. If the deadlines are not met, the planning authority may reject the application. (4) The Federal Ministry of Transport and Digital Infrastructure may, in agreement with the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety and the Federal Ministry of Economic Affairs and Energy shall establish criteria for the order of processing of applications by the Planning Authority with the aim of ensuring that wind farms as defined in point 1.6 of Appendix 1 to the Law on the Environmental impact assessment to be quickly established and connected to the electricity grid . In this respect, the criteria for the criteria are in particular the proximity to the coast and to electricity networks. The criteria are to be made known by publication in the traffic sheet and in two national daily newspapers. Unofficial table of contents

§ 5 Planning order decision, planning approval

(1) § 74 (6) and (7) of the Administrative Procedure Act shall apply only if no environmental impact assessment is carried out in addition to the conditions specified therein for the project under the Environmental Impact Assessment Act (EIA) (2) The planning authority may determine the plan in part-sections. It may allow individual measures to be taken or put into service subject to the reservation of a release to be issued if proof of compliance with the conditions has been provided. At the request of the planning authority, proof shall be provided by the submission of an expert opinion from a recognised expert. (3) The planning authority may, in the decision to establish a plan, ensure a speedy establishment and To put the project into operation, taking into account the time and action plan presented by the institution of the project, to determine and to set deadlines for the implementation of these measures until such time as the measures have to be completed. (4) The Planning authority may decide in whole or in part the plan determination decision cancel,

1.

where the establishment or operation of the project has not commenced within a reasonable period of time set by the planning authority, after the entry into force of the dispute,

2.

where installations subject to the planning decision have not been operated for a period of more than three years, or

3.

in the event of non-compliance with the time limits set

Section 75 (4) of the Administrative Procedure Act does not apply. (5) If the plan has not come into force, the Planning Authority shall, by means of an official notice in the Official Journal, instruce the Planning Authority (Official Publication for the maritime transport of the Federal Maritime and Hydrographic Agency) and by publication in two national daily newspapers. (6) The plan may only be determined if:

1.

the safety and ease of transport and security of country and alliance defence are not compromised,

2.

the marine environment is not endangered, in particular pollution of the marine environment within the meaning of Article 1 (1) (4) of the United Nations Convention on the Law of the Sea of 10 December 1982 (BGBl). 1798, 1799), and the bird migration is not endangered and

3.

other requirements laid down in this Regulation or other public-law provisions shall be met.

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§ 6 Approval

(1) The establishment, operation or substantial alteration of installations within the meaning of the first sentence of § 1 (2) (3) or (4) shall be subject to approval by the Federal Maritime and Hydrographic Office. (2) In the decision on the application to Approval must be taken into account in the objectives of spatial planning, as well as the principles of regional planning and the objectives of spatial planning which are to be established. (3) The authorisation shall require a written application. The application shall be accompanied by a presentation of the plant and its operation, including the safety and precautionary measures with drawings, explanations and plans and, at the request of the approval authority, an opinion of a recognised expert that: the plant and its operations comply with the state of the art and the safety requirements. (4) The permit may be fixed on a temporary basis and subject to conditions and conditions. The subsequent recording, modification or addition of conditions is permissible. (5) The permit requirement does not apply to the establishment, operation or modification of non-space-significant installations, the federal or state authorities within the framework of of their legal tasks, and of which there are no dangers to

1.

the safety and lightness of transport,

2.

the marine environment,

3.

military issues,

4.

other public concerns and

5.

the private interests

, and for which there is no obligation to carry out an environmental impact assessment under the Environmental Impact Assessment Act. Such installations shall be notified to the Federal Maritime and Hydrographic Agency before the start of its construction. The display shall indicate the type, purpose and location of the asset. Unofficial table of contents

Section 7 Failure of authorisation

(1) The authorisation may only be denied if:

1.

the safety and lightness of transport is impaired or the marine environment is threatened within the meaning of Article 5 (6) (2); or

2.

the requirements of regional planning pursuant to § 6 (2) or the predominant military or other predominant public or private interests of an authorisation are contrary to the requirements of the regional planning.

(2) A reason for failure shall be the case in particular if:

1.

the operation or effect of shipping facilities and signs, the use of the shipping lanes or the air space or the navigation of the vessel,

2.

that the bird's train is endangered or

3.

The objectives of spatial planning are to be met.

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§ 8 Rules of entry

The determination of the plan, the plan approval or the approval shall require the agreement of the water and navigation authority responsible for the sea area in which the installation is to be established or operated. The agreement may only be denied if the safety and lightness of the traffic are impaired, which cannot be prevented or compensated for by conditions or conditions. Unofficial table of contents

§ 9 Environmental Impact Assessment

An environmental impact assessment must be carried out in accordance with this law for installations which require an environmental impact assessment as a project in accordance with § § 3 to 3f of the Environmental Impact Assessment Act. Unofficial table of contents

§ 10 Change lock

(1) The Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) may establish sea areas in the exclusive economic zone of the Federal Republic of Germany in which certain plants are temporarily not planned, plan approved or approved (Change lock). These sea areas must be suitable for the construction of electricity transport infrastructures within the meaning of Article 17 (2a) sentences 3 and 4 of the Energy Economic Law. The Federal Office of Maritime and Hydrographic Hydrography shall determine the duration of the change-over lock. It shall apply at the latest to securing the offshore grid plan in accordance with Section 17 (2a) sentences 3 and 4 of the Energy Economic Law by means of regional planning. The change barrier is to be published in the traffic bulletin, in the news for seafarers (official publication for the maritime shipping of the Federal Maritime and Hydrographic Agency) and in two national daily newspapers. Unofficial table of contents

Section 11 Security zones

(1) The Federal Maritime and Hydrographic Agency may set up safety zones around the installations in the exclusive economic zone, in so far as this is necessary to ensure the safety of navigation or of the installations. In so far as the establishment of the safety zones is necessary to ensure the safety of navigation, it shall be required to enter into the water responsible for the sea area in which the installation is to be established or is operated, (2) Safety zones are water surfaces which extend at a distance of up to 500 metres, measured from each point of the outer edge, around the installations. The width of a security zone may exceed 500 metres if generally accepted international standards permit or the competent international organisation recommends this. Unofficial table of contents

§ 12 Announcement of the installations and their safety zones

The Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) makes the facilities and the safety zones in the news for seafarers established by him in accordance with § 11 (Official publication for the maritime navigation of the Federal Maritime Office and the Federal Maritime Safety Agency). Hydrography) is known and contributes to the official sea charts. Unofficial table of contents

Section 13 Elimination of installations, security

(1) If the plan has been repeal or the approval is granted, the installations shall be removed to the extent required by the concerns referred to in § 5 (6) or (7). (2) The generally accepted international standards shall apply. Disposal must be considered as a minimum standard. (3) The Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie) can, in the planning approval decision, in the planning approval or in the approval, the performance of a security in accordance with the conditions of the attachment shall, to the extent that this is necessary, order the fulfilment of the provisions of the provisions referred to in paragraph 1 (4) The provisions of paragraphs 1 to 3 shall also apply to installations which do not require a plan-setting in accordance with Article 5 (1). Unofficial table of contents

Section 14 obligations of the persons responsible

The persons responsible shall ensure that the installation is carried out during the installation, the operation or after an operation

1.

no risks to the marine environment, or

2.

no impairments

a)

the safety and ease of transport,

b)

military or other predominant public interests, or

c)

private rights

. Unofficial table of contents

§ 15 Responsible persons

(1) Responsible for the performance of the obligations arising from this Regulation or from administrative acts relating to the establishment, operation and operation of installations shall be:

1.

the address of the planning decision, the planning permission or the permit, the legal persons and the partnerships of persons who are the persons appointed to represent the persons in accordance with the law, the statutes or the social contract,

2.

the operator of the installation, in the case of legal persons and commercial partnerships, the persons appointed to represent persons under the law, the statutes or the social contract, and

3.

persons appointed for the management or supervision of the holding or of an operating part within the limits of their duties and powers.

(2) The persons responsible within the meaning of paragraph 1 (3) may be employed only persons who possess the reliability, expertise and physical fitness required for the performance of their duties and powers. (3) Responsible persons Persons within the meaning of paragraph 1 (3) shall be ordered in a number required for the scheduled and safe management of the holding. The tasks and powers of the responsible persons must be clearly and completely fixed and coordinated in such a way that an orderly cooperation is ensured. (4) The appointment and the convening of responsible persons shall be declared in writing. The tasks and powers shall be described in detail in the order; the powers shall be in accordance with the tasks. The responsible persons must be made known to the Federal Maritime and Hydrographic Office immediately after the order, stating their position in the establishment and their preliminary formation. The change of position in the holding and the departure of responsible persons shall be notified without delay to the Federal Maritime and Hydrographic Office. (5) The addressee of a plan determination decision, a plan approval or a Approval shall be notified without delay to the Federal Maritime and Hydrographic Office if the planning approval decision, the plan approval or the approval is transferred to another. The same shall apply to the operator if the operation of the installation is transferred to another person. Unofficial table of contents

Section 16 Monitoring of installations

(1) The installations, their erection and their operation are subject to supervision by the Federal Maritime and Hydrographic Agency. The water and shipping directorate responsible for the sea area in which the plant is to be built or operated shall be involved in so far as the monitoring of the safety and ease of transport serves. (2) The Federal Office for Maritime transport and hydrography may, on a case-by-case basis, take the necessary arrangements for the implementation of this Regulation. It may, in particular, enact bids or prohibitions on the persons responsible for the enforcement of the obligations referred to in § 14. (3) Performs an installation, its establishment or its operation to an impairment of safety and lightness The Federal Maritime and Hydrographic Agency may, in whole or in part, establish or operate in whole or in part the traffic or danger to the marine environment or to the detriment of military or other overriding public interests, to the extent that: prohibit the production of the condition in so far as the Any impairment or danger in other ways cannot be averted or the setting of the establishment or operation to clarify the causes of the impairment or the danger is indispensable. If the impairment or danger cannot be averted in any other way, the Federal Maritime and Hydrographic Agency may order the disposal of the plant. (4) If an installation is not required, planning permission or planning permission will be required. The Federal Maritime and Hydrographic Agency may provisionally or definitively prohibit the continuation of the activity, or if an installation is substantially modified or if a plant is substantially modified. It may order that an installation which is constructed, operated or substantially modified without the required planning approval, planning approval or approval is to be removed. Whereas it is necessary to arrange for the elimination of the safety and lightness of transport, the marine environment, or military or other overriding public or private rights, in other ways; (5) The Federal Maritime and Hydrographic Agency may prohibit the further establishment or further operation of an installation by the operator or a representative with the management of the holding, if there are facts which are the unreliability. of these persons in respect of compliance with legislation to protect the the safety and ease of transport, the marine environment, or military or other overriding public concerns. The operator of the installation must, upon request, be given permission to have the installation operated by a person who provides the guarantee for the proper operation of the installation. (6) The provisions concerning the withdrawal or revocation of an administrative act remain unaffected. Unofficial table of contents

Section 17 Transitional arrangements

(1) For authorisations requested prior to 26 July 2008 and in respect of which the public announcement of the project pursuant to Section 2a has been made before the expiry of the 25 July 2008 version before 26 July 2008, the following shall be: Administrative procedures in accordance with the provisions of this Regulation, in the version in force until the end of 25 July 2008. (2) For authorisations submitted before 26 July 2008 and in respect of which the public contract notice shall be published in accordance with § 2a in the version valid until the end of 30 January 2012 after 25 July 2008 and before 31 January 2012 , the administrative procedures shall be completed in accordance with the provisions of this Regulation in the version in force until the end of 30 January 2012. (3) For authorisations requested after 25 July 2008 and before 31 January 2012 , the administrative procedures shall be completed in accordance with the provisions of this Regulation in the version in force until the end of 30 January 2012, in so far as the public notice of the project within the meaning of Section 2a in the of 30 January 2012. (4) Insofar as a project does not If an environmental impact assessment is required, the administrative procedures shall be completed in accordance with the version of this Regulation which is in force up to the date of application. (5) The administrative procedure may be submitted at the request of the applicant in the Cases referred to in paragraphs 1 to 4 shall be brought to an end in accordance with the provisions of this Regulation in the version in force as from 31 January 2012, if the subject-matter of the application is an installation in accordance with Article 1 (2), first sentence, point 1 or 2. (6) § 3 (1) applies only for search and paragraph 3 only for applications submitted after 30 January 2012. (7) § 3 (4), § § 3 (4) 4 (3) and (4) and (5) (2) to (5) shall apply mutatily also to administrative procedures which have been requested before 31 January 2012. (8) A change barrier established pursuant to § 10 shall not apply to installations in which the public Announcement according to § 2a in the version valid until the end of the 30 January 2012 version before 31 January 2012. Unofficial table of contents

Section 18 Entry into force

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

Annex (to § 13, paragraph 3)
Requirements for security services

1.

The approval authority shall decide on the type, extent and level of security. The holder of the permit or the operator of the installation shall, before the start of the installation, provide the security regulated in the authorisation and shall comply with the authorisation to the approval authority.

2.

In place of the security benefits provided for in § 232 of the Civil Code, the provision of a group guarantee, a guarantee or other promise of payment of a credit institution as equivalent security may be used in particular. requires or is authorised. § 8 of the Mortgage Rules of the Mortgage Act shall apply accordingly. In so far as they are insolvency-proof and are fully available for the purpose of securing the security when the security is entered into, company provisions may be permitted.

3.

The extent and level of the security shall be such as to ensure that sufficient resources are available for the decommissioning of the plant in accordance with the authorisation granted.

4.

Financial security shall be reviewed regularly by the approval authority with the aim of maintaining the real value of security; it must be reestablished if the relationship between security and the intended purpose of protection is to be established has changed significantly. Reserves formed during the operating phase shall be credited at the level of the necessary security to the extent that they are in the amount of the right of disposal of the holder of the permit or of the holder of the authorisation or of the holder of the authorisation to be used for the purpose of securing the security purpose. Operator of the plant is withdrawn. If the verification under sentence 1 shows that safety is to be increased, the approval authority may set a period of not more than six months to the contractor for the position of increased safety. If the verification in the first sentence of paragraph 1 shows that the security is to be reduced, the approval authority shall immediately release the security which is no longer necessary.

5.

Points 1 to 4 shall also apply to cases of planning approval or planning permission. The approval authority shall be replaced by the planning authority or the planning approval authority; the approval authority shall be replaced by the plan approval decision or the planning approval.