Law On Certain Evidence Of Insurance In The Maritime

Original Language Title: Gesetz über bestimmte Versicherungsnachweise in der Seeschifffahrt

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Law on certain insurance certificates in the maritime shipping industry (Maritime Safety Act-SeeVersNachwG)

Non-official table of contents

SeeVersNachwG

Date of delivery: 04.06.2013

Full quote:

" SeeverBackup Detection Act of 4. June 2013 (BGBl. I p. 1471, 1474) "

*
This law is also used for the implementation of Directive 2009 /20/EC of the European Parliament and of the Council of 23. 1 April 2009 on the insurance of shipowners for maritime claims (OJ L 196, 27.7.2009, p. 128), as amended and the implementation of Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 June 2009, of the European Parliament and of the Council of 23 June 2009, April 2009 on the liability of carriers of passengers by sea in the event of an accident (OJ L 327, 28.5. 24).

Footnote

(+ + + Text evidence from: 11.6.2013 + + +)
(+ + + For application, see § § 13 and 14 + + +)
(+ + + Official note from the norm provider to EC law:
Implementation of the
EGRL 20/2009 (CELEX Nr: 32009L0020)
Implementation of the
EGV 392/2009 (CELEX Nr: 32009R0392) + + +)

The G was referred to as Article 5 of the G v. 4.6.2013 I 1471 adopted by the Bundestag. It's gem. Art. 8 of this G entered into force on 11 June 2013. unofficial table of contents

content overview

section 1General
§ 1The objective of the law
Section 2Insurance obligation and evidence of insurance
§ 2Liability for maritime claims within the meaning of the liability limitation agreement
§  3Proof of insurance for maritime claims within the meaning of the Liability Limitation Convention
§ 4 Insurance obligation for wreck removal costs according to the wreck disposal convention
§ 5Proof of liability insurance according to the wreck disposal agreement
§ 6Proof of insurance for the liability of carriers in the event of death and bodily injury Traveler at sea
Section 3Authorities and
§ 7 Authorities
§ 8Responsability
§ 9 Regulation empowerment
§ 10Privacy
  Section 4Straf and Penance
§ 11Criminal rules
§ 12BußMoney Rules
Section 5Other Rules
§ 13Application of Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23. April 2009 on the liability of carriers of passengers by sea in the event of accidents
§ 14Transitional
name="BJNR147400013BJNG000100000 " />

Section 1
General

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§ 1 Objective of the law

This law regulates
1.
Insurance obligations and the proof of insurance in shipping for
a)
Maritime claims within the meaning of the Convention of 1976 on limitation of liability for maritime claims of 19. November 1976 (BGBl. 786, 787), as amended by the Protocol of 2. May 1996 (BGBl. 790, 791), in its version in force for the Federal Republic of Germany (Liability Limitation Convention),
b)
Wrapping costs in the sense of the Nairobi International Convention on the Elimination of Wrecks of 2007 (BGBl. 530, 531) (Wrapping Convention)
2.
the application of Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 June 2009. April 2009 on the liability of carriers of passengers by sea in the event of an accident (OJ L 327, 28.5. 24).

Section 2
Insurance obligation and proof of insurance

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§ 2 Insurance obligation for maritime claims within the meaning of the liability limitation convention

(1) The ship owner of a ship with a gross tonnage of At least 300,
1.
the flag or
2.
a port on the domestic market, or shall leave or leave a facility located off the coast within the territorial sea of the Federal Republic of Germany,
shall have one of the provisions of Article 3 (b) and Article 4 (3) of Directive 2009 /20/EC of the European Parliament and of the Council Parliament and the Council of 23 1 April 2009 on the insurance of shipowners for maritime claims (OJ L 196, 27.7.2009, p. 128), as amended, to maintain appropriate insurance or other financial security in order to cover its liability for maritime claims within the meaning of the Liability Limitation Convention. This shall not apply to warships, naval auxiliary vessels or other vessels belonging to or used by a State and which are used in the State Service solely for other purposes as trade purposes.(2) Ship owners of a ship shall be the owner of the ship's register or any other person responsible for the operation of the ship. Non-official table of contents

§ 3 Proof of insurance for maritime claims within the meaning of the Liability Limitation Convention

(1) The existence of a Insurance pursuant to § 2 (1) for maritime claims within the meaning of the Liability Restriction Convention is to be proved by a certificate to be issued by the insurer (insurance certificate).(2) The certificate referred to in paragraph 1 shall contain the information resulting from Article 6 (2) of Directive 2009 /20/EC. If the language used in the certificate is not English, French or Spanish, a translation shall be included in one of these languages.(3) The ship owner of a ship in accordance with Article 2 (1), first sentence, has to ensure that the insurance certificate is on board. The ship ' s guide shall be required to carry the insurance certificate on board and to submit it to the competent authority upon request. Non-official table of contents

§ 4 Insurance obligation for wreck removal costs by the Wrapping Convention

The registered owner of a ship within the meaning of Article 1 (2) of the Wreck Disposal Agreement, with a gross tonnage of at least 300, the
1.
leading the flag or
2.
a port domesce or leaves a port or a facility located off the coast within the territorial sea of the Federal Republic of Germany, or
shall maintain an insurance or other financial security equivalent to the provisions of Article 12 (1) of the Wreck Disposal Agreement in order to cover its liability in accordance with the Wreck Removal Convention. This shall not apply to warships, naval auxiliary vessels or other vessels belonging to or used by a State and which are used in the State Service solely for other purposes other than commercial purposes.

Footnote

(+ + + § 4: To apply) cf. Section 14 (1) iVm Bek. v. 12.3.2015 I 320 + + +) unofficial table of contents

§ 5 Proof of liability for liability under the wreck removal agreement

(1) The existence of insurance or other financial security pursuant to § 4 for liability under the Wreck Removal Convention shall be subject to a contract to be issued by the State Party responsible under the second sentence of Article 12 (2) of the Convention. Certificate (certificate of wreck removal certificate) to be verified.(2) The certificate referred to in paragraph 1 shall be issued to the person subject to the provisions of Section 4, first sentence, point 1, if he proves that
1.
is an insurance or other insurance company. financial security exists and
2.
there is no reasonable reason to believe that the insurer or security provider will not be able to
Sentence 1 shall apply mutatily to the registered owner of a ship flying the flag of a non-contracting state of the wreck disposal agreement if the registered owner is not already registered by a the other Contracting State has been issued with a certificate to be recognised in accordance with Article 12 (9) of the Convention on the Wreck Disposal Agreement.(3) The registered owner of a ship in accordance with § 4 sentence 1 has to ensure that the wreck removal certificate is on board. The ship ' s guide shall be required to carry on board the inspection certificate on board and to submit it to the competent authority upon request. This shall also apply to the certificate referred to in Article 12 (14) of the Wreck Disposal Agreement.(4) The competent authority of the coastal State concerned shall submit the wreck removal certificate to the competent authority of the coastal State concerned in accordance with the first sentence of Article 4 (1) if that State has determined, in accordance with the provisions of Article 6 of the Convention on the Wreck Disposal, that a wreck constitutes a danger as a result of a maritime accident in accordance with Article 1 (4) of this Convention.

footnote

(+ + + § 5: For application, see Section 14 (1) iVm Bek. v. 12.3.2015 I 320 + + +) unofficial table of contents

§ 6 Proof of insurance for the accident liability of carriers in relation to death and bodily injury by sea travellers

The carrier which actually carries out the transport referred to in Article 3 in connection with Article 4bis (1) of Annex I to Regulation (EC) No 392/2009, in whole or in part, shall ensure that the Certificate of insurance or other financial security for the liability of carriers in respect of the death and personal injury of passengers by sea as referred to in Article 3 in conjunction with Annex I, Article 4bis (2) of the Regulation (EC) No 392/2009 (passenger liability certificate) is on board. The ship ' s guide shall be obliged to carry on board the certificate of personal liability and to submit it to the competent authority upon request. This also applies to the certificate referred to in Article 3 in conjunction with Annex I, Article 4bis (15) of Regulation (EC) No 392/2009.

footnote

(+ + + § 6: For application, see § 13 + + +)

section 3
administrative actions and responsibilities

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§ 7 Government measures

(1)
1.
The insurance certificate,
2.
the wreck removal certificate or
3.
the certificate of personal liability
is not carried on board or cannot be submitted on request, the ship may be detained until the respective certificate has been submitted.(2) A ship which has been designated by another Member State of the European Union from one of its ports, since a certificate corresponding to Article 6 (1) of Directive 2009 /20/EC is not carried on board, is access to the vessel. to the ports of the Federal Republic of Germany until such time as it has been submitted.(3) The competent authority may carry out checks in the premises of the ship to monitor compliance with the obligations under paragraphs 1 and 2, § 3 (3), § 5 (3) and § 6.

footnote

(+ + + § 7 para. 1 no. 2: For application, see Section 14 (1) iVm Bek. v. 12.3.2015 I 320 + + +) unofficial table of contents

§ 8 administrative responsibilities

(1) § 3 (3), § 5 (1) to (3), § § 6 and 7, and Article 3 in Connection with Annex I, Article 4bis (2) of Regulation (EC) No 392/2009 shall be implemented by the Federal Government.(2) The performance of the tasks referred to in § 5 (1) and (2) and Article 3 in conjunction with Annex I Article 4bis (2) of Regulation (EC) No 392/2009 is the responsibility of the Federal Maritime and Hydrographic Office.(3) The performance of the tasks in accordance with § 3 (3), § 5 (3) and § § 6 and 7 is the responsibility of the professional cooperative for transport and transport. § § 6 and 9e of the Law on the Law of the Sea in the version of the announcement of the 26. July 2002 (BGBl. 2876), as amended, must be applied accordingly. Non-official table of contents

§ 9 Regulation empowerment.

The Federal Ministry of Transport, Building and Urban Development is authorized to Ordinance without the consent of the Bundesrat, more detailed provisions on
1.
the requirements and the procedure for the exhibition, validity and Confiscation of the wreck removal certificate according to § 5,
2.
the conditions and procedure for the exhibition, validity and confiscation of the Personal liability certificate referred to in Article 3 in conjunction with Annex I, Article 4bis (2) of Regulation (EC) No 392/2009.

Footnote

(+ + + § 9 No.1: For application, see § 14 (1) + + +) Non-official table of contents

§ 10 Data Protection Regulation

(1) The insurance certificates issued, confiscation and control, Bodies responsible for the management of dismantling and management of persons shall, in so far as it is necessary for the performance of their duties under this Act, which are required to perform their duties in accordance with the provisions of the first sentence of Article 9e (1), points 1, 3, 7, 8 and 13 of the Data, including personal data, referred to in the Law on Maritime Task, also with the assistance and evaluation of automatic ship identification systems. They may only be processed and used for the purpose referred to in the first sentence on which they have been collected.(2) The data referred to in paragraph 1 may be transmitted to the authorities of the Water and Shipping Administration, in so far as this is necessary in individual cases for the performance of their tasks under the Maritime Task Act.(3) The data referred to in paragraph 1 may be transmitted to public authorities within the meaning of Section 4b (2) (1) and (2) of the Federal Data Protection Act in accordance with Section 4b (1) of the Federal Data Protection Act, if this is to be found in the individual case for the purpose of assertion. of claims under the Wreck Disposal Convention.(4) The data referred to in paragraph 1 may be transmitted to others other than those mentioned in Section 4b (1) of the Federal Data Protection Act, in compliance with § 4c of the Federal Data Protection Act, if this is in the individual case to assert claims for

Section 4
Straf and Penance Rules

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§ 11 Penal rules

(1) Imprisonment of up to two years or a fine will be punished for who, contrary to Article 3, paragraph 1, in conjunction with Annex I Article 4bis (1) of Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 June 2009. April 2009 on the liability of carriers of passengers by sea in the event of an accident (OJ L 327, 28.5. 24) does not provide insurance or other financial security.(2) If the offender is negligent in the cases referred to in paragraph 1, the penalty shall be a custodial sentence of up to one year or a fine. Non-official table of contents

§ 12 Penal rules

(1) Contrary to the law, who intentionally or negligently
1.
contrary to § 2, paragraph 1, sentence 1, or § 4 sentence 1, an insurance or other financial security not maintained,
2.
contrary to § 3 (3) sentence 1, § 5 (3) sentence 1 or § 6 sentence 1 not ensuring that the certificate referred to there is on board,
3.
contrary to § 3, paragraph 3, sentence 2, § 5 (3) sentence 2 or § 6 sentence 2, a certificate mentioned there is not included or does not submit,
4.
contrary to § 5, paragraph 4, a certificate mentioned there is not available or
5.
a legal regulation after § 9 (1) or (2) or of a enforceable order pursuant to such a decree, to the extent that the regulation refers to that fine for a certain amount of the offence.
(2) The Administrative Offance may, in the cases referred to in paragraph 1 (1) and (5), be punishable by a fine of up to thirty thousand euro and, in the other cases, with a fine of up to five thousand euro.(3) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is
1.
in the cases referred to in paragraph 1 (1) to (3), the Federal Office for Seagoing and hydrography and
2.
in the cases referred to in paragraph 1, point 4, the Water and Shipping Directorate North.

Footnote

(+ + + § 12: To apply) cf. Section 14 (1) iVm Bek v. 12.3.2015 I 320 + + +)

Section 5
Other Rules

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§ 13 Application of Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 June 2009 the Regulation (EC) No 392/2009 and Article 6 of Regulation (EC) No 392/2009 and
6 of Regulation (EC) No 392/2009
the carriage of passengers by sea

the framework of Regulation (EC) No 392/2009 and Article 6 (
) of Regulation (EC) of the Federal Republic of Germany on ships of Class A 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 196, 27.7.2009, p. OJ L 163, 25.6.2009, p. 1) December 2016,
2.
in respect of carriage by sea within the Federal Republic of Germany on ships of Class B within the meaning of Article 4 (1) of the Directive 2009 /45/EC as of 31 December 2009 December 2018
. Non-official table of contents

§ 14 Transitional regulation

(1) § § 4, 5 and 7, paragraph 1, point 2, § 12, as far as it relates to § § 4 and 5, and Legal regulations pursuant to Section 9 (1) shall only apply from the date on which the Wreck Removal Convention shall enter into force for the Federal Republic of Germany.(2) The Federal Ministry of Transport, Building and Urban Development shall announce the date referred to in paragraph 1 in the Federal Law Gaz.

Footnote

(+ + + § 14 para. 2: For the application as of 14.4.2015 see Bek. v. 12.3.2015 I 320 + + +)