Regulation on the implementation of the Seeschiffewachungsverordnung (Seeschiffbewachungsenforcement-Seeschiffbewachungsverordnung-SeeBewachDV)

Unofficial table of contents

SeeBewachDV

Date of completion: 21.06.2013

Full quote:

" Seeschiffbewachungsthroughordinverordnung vom 21. Juni 2013 (BGBl. I p. 1623) "

Footnote

(+ + + Text proof: 27.6.2013 + + +) 

  

Unofficial table of contents

Input formula

Pursuant to § 31 (4) sentences 2 to 4 of the Commercial Code in conjunction with Section 4 (2), § 5 (3) and § 6 (1) sentence 2 of the Maritime Surveillance Ordinance of 11 June 2013 (BGBl. I p. 1562), of which § 31 of the Industrial Code is defined by Article 1 (4) of the Law of 4 March 2013 (BGBl. 362), the Federal Office of Economics and Export Control (Bundesamt für Wirtschaft und Export Control), in agreement with the Federal Police Presidium and the Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie), is responsible for the following: Unofficial table of contents

§ 1 Appointment of a person responsible

(1) Anyone who is a senior employee is determined in accordance with Section 5 (3) of the Works Constitution Act as amended by the Notice of 25 September 2001 (BGBl. 2518), as last amended by Article 3 (4) of the Law of 20 April 2013 (BGBl). 2424). (2) The appointment of a senior executive officer to the controller by the management of the security company and compliance with the requirements of Section 11 (2) of the Maritime Surveillance Ordinance are to be found. document. The appointment is to be announced to all employees of the company in text form. Employees under this Regulation are all employees of the security company, including the employed security guards. Unofficial table of contents

§ 2 Building organisation

(1) The organisational structure shall include, in particular, the following aspects:

1.

the definition and documentation of responsibilities within the surveillance undertaking, including details of authority, their transferability and arrangements for representation in absentia; responsibilities within the framework of the security company and its disclosure in text form to the employees, in particular in the case of subsequent changes,

2.

ensuring, through the management of the security company, that the monitoring teams on board seagoing vessels are adequately staffed, with at least four security guards required; the use of a higher number of Wakers shall be dependent on the risk assessment in the context of deployment planning; the documentation of the criteria for determining the necessary human resources, including the distribution of functions within the monitoring team; the To ensure the filling of the following functions in the deployed Guarding team, where positions b), c) and d) can also be exercised in personnel union with due respect for the minimum number of four security guards:

a)

Head of Operations,

b)

deputy head of operations,

c)

Protect and

d)

a trained sanity attendant,

3.

the assurance by the management of the guarding company that an adequate number of employees are available to maintain operating operations around the clock.

(2) All employees shall be informed without delay of any changes in the organizational structure that are relevant to the exercise of the security challenge. The information must be in text form. Unofficial table of contents

§ 3 Ablauforganisation

(1) A process manual must be created in order to ensure the proper functioning of the monitoring organisation in the security company. In this regard, taking into account the risks posed by the monitoring task, the procedures according to § 5 (1) of the Maritime Regulation and the respective responsibilities must be described. (2) The process manual is the to provide staff as a guide. The responsible person has to ensure the management of the process manual. Changes in the processes, in particular due to changes in the legal requirements, must be incorporated immediately into the process manual. The changes are to be communicated to the employees without delay and it is necessary to ensure that they actually take note of the changes. Unofficial table of contents

§ 4 Personnel Selection Process

The basis of the personnel selection process is a requirement profile to be created by the watchmaking company. The documentation of the personnel selection shall include the following documents:

1.

a certificate of good conduct not older than three months, or an equivalent official foreign document of an authority of the place of residence,

2.

Curriculum vitae,

3.

proof of the knowledge required in accordance with § 10 of the Maritime Surveillance Ordinance, as well as on the hours of service in the armed forces and the police,

4.

Valid Seedienstance Certificate in accordance with § 12 of the Maritime Labour Act of 20 April 2013 (BGBl. 868) and

5.

an official or specialist psychological or psychological certificate, if facts are known, which give rise to concerns about personal suitability in accordance with § 9 (1) of the Seeschiffbewachungsverordnung (Seeschiffbevigilungsverordnung).

Unofficial table of contents

§ 5 Personnel review process

The reliability and personal suitability of the guards must be checked at intervals of not more than twelve months in accordance with § § 8 and 9 of the Seeschiffewachungsverordnung (Maritime Surveillance Regulation). The test shall be documented. Unofficial table of contents

§ 6 Staff induction

(1) For the training of each individual guard, a written concept must be developed by the security company, which has to include:

1.

Presentation of the working environment, in particular:

a)

Ship types,

b)

routes and

c)

local conditions,

2.

clarification of the allocation of tasks and instruction structures in accordance with Section 12 (2) during an operation;

3.

Handling of equipment,

4.

Explanation and training of the procedures, in particular the knowledge of the process manual and

5.

Explanation as to how the requirements for the expertise in accordance with § 10 of the Maritime Surveillance Ordinance can be fulfilled at the latest by the use on seagoing ships, provided that they have not already been proven in the recruitment process in accordance with § 4 sentence 2, point 3.

(2) The incorporation must be documented and the documentation shall be given to the person responsible. Unofficial table of contents

§ 7 Personnel training process

(1) The subject-matter according to § 10 of the Maritime Surveillance Ordinance shall be kept up to date with annual training. The time, duration and content of the trainings as well as the names of the participants must be documented. (2) Each guard entrusted with the monitoring of sea-going vessels has to participate at least four times a year in a shooting training. There must be no more than six months between the individual shooting training units. (3) The person responsible shall ensure that all information available to the monitoring company on the current threat situation in at-risk Sea areas are collected and evaluated. Relevant knowledge of the situation shall be transmitted immediately to the security personnel in use. During an operation, this information can be supplemented by the deployment manager. The time intervals of the information gathering, the sources of information and the evaluation that was carried out are to be documented. In addition, it is necessary to demonstrate that information services have been used which allow an up-to-date overview of what is happening. Information to be collected in accordance with the first sentence shall be in particular:

1.

the procedures and the arming of certain groups of perpetrators; and

2.

the objectives of raids.

Unofficial table of contents

§ 8 Ensure legal advice

The access of the guards to legal advice pursuant to § 4 paragraph 1 sentence 2 point 4 of the Maritime Surveillance Ordinance is to be ensured around the clock. The legal counsel is responsible for the task of advising persons who are competent to provide legal advice. The contact details of these persons or employees shall be made available to all security guards. All security guards must be informed without delay of any changes in the area of responsibility. Unofficial table of contents

§ 9 Documented inspection and testing processes

(1) The internal audit processes pursuant to section 4 (1), second sentence, point 5 of the Maritime Surveillance Regulation must provide for control mechanisms for daily operating procedures. In any case, the checks shall cover compliance with the legal requirements, in particular in accordance with § § 4 to 6 and 13 to 14 of the Maritime Surveillance Regulation. (2) Construction and seaboration processes, including the procedures at sea, are to check regularly for conception, appropriateness and effectiveness (system verification). This should be entrusted to an employee who is not directly involved in the routine work of the Department of Operations Planning. The system check can also be outsourced and carried out by external experts. (3) If deficiencies in the system are detected within the scope of the internal test processes or in the planning and exercise of the monitoring task, the Management of the monitoring company processes for dealing with these defects in accordance with § 4 paragraph 1 sentence 2, point 5 of the Maritime Surveillance Regulation. In doing so, the person responsible shall be informed of the defect identified. He has to initiate the process of dealing with the lack. The process must include the following steps:

1.

Description of the defect,

2.

Root cause research,

3.

Collection of suggestions for improvement,

4.

the agreement of measures;

5.

Implementation of the measures and

6.

Success control.

(4) The contact persons relevant for the individual steps shall be determined. Escalation levels and emergency procedures are also to be established. The process and the respective contact persons must be documented. § 3 (2) sentence 3 shall apply to the necessary changes to the measures to comply with the statutory provisions. Unofficial table of contents

§ 10 Documentation system

The management of the security undertaking shall, by establishing a documentation system, ensure compliance with the documentation requirements of the monitoring company in accordance with this Regulation. For this purpose, the following text must be specified:

1.

responsibilities,

2.

the facts and documents to be documented,

3.

the form of documentation,

4.

measures to identify, protect and re-locate the documents;

5.

the nature of the use of the documents,

6.

the right to dispose of the documents, and

7.

the measures to ensure compliance with the retention periods provided for in Article 13 (3) of the Seeschiffewachungsverordnung (Maritime Surveillance Regulation

Unofficial table of contents

§ 11 Communication system

(1) The management of the security company shall ensure, through the establishment and maintenance of an appropriate communication system, that:

1.

staff shall be informed of responsibilities relating to them; and

2.

shall immediately be reported to the management and to those responsible for breaches of legal or operational requirements which are imminent or established.

(2) The management of the security undertaking shall establish a contact point which, in addition to the communication paths referred to in paragraph 1, shall be used for the reception and forwarding of evidence of imminent or identified infringements; Proposals for improvements to the management and to those responsible. This body shall be disclosed internally. (3) Information on any imminent or identified infringements referred to in paragraphs 1 and 2, as well as proposals for improvement in accordance with paragraph 2 and processing thereof shall be documented. (4) The person responsible shall be responsible for: To report regularly to the management of the monitoring company on the essential operations in the operating procedures in text form. These reports, as set out in the first sentence, shall be kept in accordance with Article 13 (3) of the Maritime Surveillance Regulation. Essential processes in the operating procedures are:

1.

Results of the internal control and testing processes according to § 9,

2.

Feedback from employees, business partners, customers, authorities and other stakeholders,

3.

Amendments which may affect the operational organisation according to Article 4 (1) of the Maritime Surveillance Regulation, the procedures or the service instructions in accordance with Article 5 (2) of the Maritime Surveillance Ordinance and

4.

Recommendations for improvements in operational organisation or procedures.

Unofficial table of contents

§ 12 Procedure sequences for use

(1) For the planning and execution of operations at sea, according to § 5 (1) of the Maritime Enforcement Regulation, the monitoring company shall determine procedures for the planning and execution of these operations. The procedures must be documented. (2) The operational planning of the security company required pursuant to section 5 (1), second sentence, point 1 of the Maritime Surveillance Ordinance has to be carried out taking into account the overall circumstances. The basis for the deployment planning is a risk assessment by the monitoring company. In particular, account shall be taken of the technical and structural conditions of the ship, including the equipment on board, the route planned, the duration of the journey and the current situation in the sea. The monitoring company must adopt the applicable guidelines of the International Maritime Organisation (IMO) " Revised provisional guidelines for shipowners, ship operators and shipleaders on the use of private armed forces. Vigilant personnel on board ships in the high-risk area " as amended by the Federal Ministry of Transport, Building and Urban Development of 15 May 2013 (IMO-Seeschiffbewachungsleitline; VkBl. 2013 p. 640, VkBl. 2013 p. 651) consideration. The applicable Best Management Practices for Protection against Somalia Based Piracy ("Best Management Practices for Protection against Somali Pirates"), as amended by the Federal Ministry of Transport, Building and Construction, and Urban development of 22 May 2013 (BMP; VkBl. 2013 p. 655) must be observed and implemented in the operational planning. The management of the monitoring company ensures that within the monitoring teams a clear hierarchy and statement structure is given and announcing these to all parties involved prior to the deployment. For exercises, the statement structure should also be considered. A manager shall be appointed in accordance with Section 2 (1) (2), second subparagraph, point (a) and his/her substitutes pursuant to section 2 (1) (2) of the last part-sentence (b). All waking persons employed shall comply with the instructions of the Director of Operations. The captain ' s supreme power of order remains unaffected. The definition of responsibilities, including all changes, must be documented. (3) In the best of knowledge and conscience, the Head of Operations has to assist the master in his assessment, taking into account all the relevant circumstances. whether an attack exists. In the event of the attack, the Director of Operations shall, in principle, comply with the master in order to ensure, in his function as a consultant, the communication with the master who has the most general right of order. Where the use of weapons is concerned, the procedural rules of the surveillance undertaking referred to in Article 5 (1), second sentence, point 3 of the Maritime Surveillance Regulation must be taken into account for the use of force and the use of weapons and paragraph 4. (4) The In principle, security companies have to avoid the use of physical violence and the use of weapons. Exceptions to this can only be made in accordance with the relevant German legislation, in particular § § 32 to 35 of the Criminal Code, with special attention being paid to the suitability, necessity and appropriateness of the criminal code. In areas where attacks on the seagoing ship are threatened, the guards used have their weapons ready to carry out. If there is an attack and other milder defensive measures are not successful or if their use is not promising, the head of the mission shall, after the master has expressly ordered this, be instructed to take the defensive positions. to fill and make fire readiness. Taking into account the overall circumstances in each individual case, the following escalation levels are in principle provided:

1.

Warning shots in the air,

2.

Warning shots in the water near the attackers,

3.

Targeted shots against things, in particular the motor of the boat or the boat's body,

4.

as a last resort, if all the milder defensive measures are ineffective, the use of firearms directly against the attackers is possible.

(5) In determining the communication channels between the guards and the master in accordance with the second sentence of Article 5 (1) of the Maritime Surveillance Ordinance, the head of operations shall be determined to be the responsible person in relation to the master. He is responsible for the guards of his monitoring team throughout the operation and has the duty of supervision to them, in particular with regard to the rules and regulations to be observed on board seagoing vessels. The mission manager shall keep in contact with the master and his guarding company during the operation. In addition, he has to make himself available for inquiries from German authorities. If the manager fails, his deputy assumes the function. (6) The security company also has to ensure on board a sea ship that its employed security guards comply with the legal and operational provisions and comply with the procedures. The Federal Office of Economics and Export Control shall state which measures have been taken to monitor the security guards in accordance with Section 5 (1), second sentence, point 5 of the Maritime Surveillance Ordinance. (7) The behaviour of the security guards in the case of the defence against the security of the security guard. of an attack is to be documented in accordance with Section 5 (1), second sentence, point 6 of the Maritime Surveillance Regulation. In a concept to be attached to the application for admission, the monitoring company shall indicate what measures it is taking to do so. This also includes the measures taken with a view to securing the documentation against forgery, erasure or deprivation. (8) In the context of the presentation of the procedure pursuant to § 5 (1) sentence 2, point 7 of the The monitoring company has to describe the entire supply chain in terms of procurement, transport, on-and-on-board handling, storage and securing of equipment. Export, import or transit authorisations as well as trade and broking authorisations are to be submitted. The internal rules and measures for the storage of weapons and ammunition shall also be submitted. Unofficial table of contents

§ 13 Service Instructions

(1) The general instructions shall include basic information at least on the list below, and it shall be an annex containing the legal provisions of the Federal Republic of Germany applicable to the information provided for in the first sentence of this paragraph. Add:

1.

general task description,

2.

the legal status of the security guards,

3.

the right of instruction,

4.

Arrangements for service periods,

5.

general behaviour during use,

6.

Regulations on the handling of the clothing and equipment,

7.

reports and reports, and

8.

Data protection and confidentiality.

(2) The application specific instruction is the fulfilment of the specific individual order in accordance with the underlying contract, the legal systems concerned, the requirements of the general service instruction and the process manual, as well as the the conditions of the ship. At least information on the following list shall be included in the service instruction, and shall be accompanied by an annex to the relevant legal provisions of the coastal and port States concerned:

1.

conditions of the ship such as premises, storage facilities for weapons and ammunition, existing security facilities, rescue facilities, cargo,

2.

shipping route,

3.

Contact persons and specific authority,

4.

description of the concrete task,

5.

Behaviour in emergencies and

6.

Directory with important phone numbers.

Unofficial table of contents

§ 14 Equipment

(1) The watchmaking company shall indicate which weapons and other equipment are used. The equipment must include its specific characteristics. (2) The equipment must include:

1.

night vision,

2.

distance meter,

3.

Binoculars,

4.

Long-weapon,

5.

Kurzwaffe,

6.

sufficient ammunition,

7.

ballistic protective helmet,

8.

Camera,

9.

ballistic protection vest,

10.

radio sets with headphones, satellite phone,

11.

medical equipment and

12.

automatic rescue vest.

(3) In the selection of the respective models, the monitoring company shall ensure that the import, export and transit provisions applicable to the Federal Republic of Germany and the port and coastal States, as well as the provisions relating to (4) The equipment must be checked for its functionality prior to any use by the security company. Non-functional equipment must be replaced by equivalent equipment. Changes are to be reported to the Federal Office of Economics and Export Control without delay. Unofficial table of contents

Section 15 Entry into force

This Regulation shall enter into force on the day following the date of delivery.