Law on certain insurance certificates in the maritime transport sector (Seeeversafeguards Act-SeeVersNachwG)

Unofficial table of contents

SeeVersNachwG

Date of completion: 04.06.2013

Full quote:

" The Law of 4 June 2013 (BGBl. I p. 1471, 1474) "

*

This Act is also designed to implement Directive 2009 /20/EC of the European Parliament and of the Council of 23 April 2009 on the insurance of shipowners for maritime claims (OJ L 327, 22.11.2009, p. 128), as amended and the implementation 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 (OJ L 131, 28.5.2009, p. OJ L 131, 28.5.2009, p.24).

Footnote

(+ + + Text evidence from: 11.6.2013 + + +) 
(+ + + For application cf.  § § 13 and  14 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 20/2009 (CELEX Nr: 32009L0020) 
 Implementation of the 
 EGV 392/2009 (CELEX Nr: 32009R0392) + + +) 

  

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

Content Summary

Section 1General

§ 1	Objective of the law

Section 2Insurance obligation and proof of insurance

§ 2	Insurance obligation for maritime claims within the meaning of the Liability Restriction Convention
§ 3	Proof of insurance for maritime claims within the meaning of the liability limitation agreement
§ 4	Insurance obligation for wreck removal costs in accordance with the Wreck Removal Convention
§ 5	Proof of liability insurance under the Wreck Removal Convention
§ 6	Proof of insurance for the accident liability of carriers in relation to death and personal injury to passengers by sea

Section 3Government measures and responsibilities

§ 7	Administrative measures
§ 8	Administrative responsibilities
§ 9	Authorisation
§ 10	Data protection rules

Section 4Strait and Bußfines

§ 11	Criminal provisions
§ 12	Fines

Section 5Other provisions

§ 13	Application 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
§ 14	Transitional arrangements

Section 1
General

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§ 1 Objective of the Act

This Act regulates

1.

Insurance obligations and the proof of insurance in the shipping sector for

a)

Maritime claims within the meaning of the Convention of 1976 on the Restriction 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 (Disclaimer of Liability),

b)

Scrapping costs within the meaning of the 2007 Nairobi International Convention on the Elimination of Wrecks (BGBl). 530, 531) (Wrapping Convention),

2.

the application 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 (OJ L 327, 30.4.2009, p. OJ L 131, 28.5.2009, p.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 Restriction Convention

(1) The ship's owner of a ship with a gross tonnage of at least 300, the

1.

the Federal flag, or

2.

an inland port, or leaves or leaves an establishment located off the coast within the territorial sea of the Federal Republic of Germany,

has 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 of 23 April 2009 on the insurance of shipowners for maritime claims (OJ L 209, 11.7.2009, 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 other than commercial purposes. (2) Ship owner of a ship is the owner or any other person who is responsible for the operation of the ship. Unofficial table of contents

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

(1) The existence of an insurance pursuant to § 2 (1) for maritime claims within the meaning of the Liability Limitation Agreement must be proven by a certificate to be issued by the insurer (insurance certificate). (2) The certificate after 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 those languages. (3) The ship owner of a ship pursuant to Article 2 (1) sentence 1 shall ensure that the insurance certificate 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. Unofficial table of contents

§ 4 Insurance obligation to cover wreck removal costs in accordance with the Wreck Removal 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.

the Federal flag, or

2.

an inland port, or leaves or leaves an establishment located off the coast within the territorial sea of the Federal Republic of Germany,

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 ships belonging to or used by a State and which are used in the State Service solely for other purposes as trade purposes.

Footnote

(+ + + § 4: For application, see Section 14 (1) iVm Bek. v. 12.3.2015 I 320 + + +) Unofficial table of contents

§ 5 Proof of insurance for liability under the Wreck Removal Convention

(1) The existence of an insurance or other financial security pursuant to § 4 for the liability under the Wreck Removal Convention shall be issued by a State Party responsible for the Contracting State responsible pursuant to the second sentence of Article 12 (2) of the Convention. (2) The certificate referred to in paragraph 1 shall be issued to the person subject to the conditions laid down in Article 4, first sentence, point 1, if he proves that:

1.

there is a corresponding insurance or other financial security, and

2.

there is no reasonable reason for the assumption that the insurer or guarantor will not be able to fulfil its obligations.

The first sentence shall apply by analogy 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 a member of another Contracting State (3) The registered owner of a ship in accordance with § 4 sentence 1 has to ensure that the wreck removal certificate is issued to Board. The ship ' s guide shall be required to carry on board the inspection certificate of the wreck 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 Convention. (4) The competent authority of the coastal State concerned shall have the wreck disposal certificate issued by the competent authority of the coastal State concerned in accordance with § 4 sentence 1 (1). where that State has established, in accordance with the provisions of Article 6 of the Convention, that a wreck constitutes a danger as a result of a maritime accident in accordance with Article 1 (4) of that 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 personal injury of passengers by sea

The carrier responsible for the carriage referred to in Article 3 in conjunction with Article 4 of Annex I ^to , paragraph 1 of Regulation (EC) No 392/2009, in full or in part, shall ensure that the certificate of insurance or other financial security for the liability of carriers in respect of death and Physical injury to passengers by sea referred to in Article 3 in conjunction with Article 4 of Annex I ^to The provisions of paragraph 2 of Regulation (EC) No 392/2009 (a certificate of personal liability) shall be 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 shall also apply to the certificate referred to in Article 3 in conjunction with Article 4 of Annex I ^to Paragraph 15 of Regulation (EC) No 392/2009.

Footnote

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

Section 3
Administrative measures and responsibilities

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§ 7 Government measures

(1)

1.

the insurance certificate;

2.

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 relevant certificate has been submitted. (2) A ship from another Member State of the European Union , since a certificate corresponding to Article 6 (1) of Directive 2009 /20/EC is not carried on board, access to the ports of the Federal Republic of Germany shall be refused until such time as it has been submitted to the port of (3) The competent authority may carry out checks in the premises of the ship , in order to monitor compliance with the obligations under paragraphs 1 and 2, § 3 (3), § 5 (3) and § 6.

Footnote

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

§ 8 Authority responsibilities

(1) § 3 (3), § 5 (1) to (3), § § 6 and 7 and Article 3 in conjunction with Annex I Article 4 ^to Paragraph 2 of Regulation (EC) No 392/2009 shall be implemented by the Federal Government. (2) The performance of the tasks referred to in Article 5 (1) and (2) and Article 3 in conjunction with Article 4 of Annex I ^to Paragraph 2 of Regulation (EC) No 392/2009 is the responsibility of the Bundesamt für Seeschifffahrt und Hydrographie (Bundesamt für Seeschifffahrt und Hydrographie). (3) The performance of the tasks in accordance with § 3 (3), § 5 (3) and § § 6 and 7 is the responsibility of the professional association for transport and transport. § § 6 and 9e of the Maritime Task Act, as amended by the Notice of 26 July 2002 (BGBl. 2876), as amended, must be applied accordingly. Unofficial table of contents

Section 9 Regulation empowerment

The Federal Ministry of Transport, Building and Urban Development is authorized to adopt more detailed provisions by means of a regulation without the consent of the Federal Council.

1.

the conditions and the procedure for the issuing, validity and recovery of the certificate of removal of wreckage pursuant to § 5,

2.

the conditions and procedure for the issue, validity and confiscation of the civil liability certificate referred to in Article 3 in conjunction with Article 4 of Annex I ^to Paragraph 2 of Regulation (EC) No 392/2009.

Footnote

(+ + + § 9 No.1: For application, see Section 14 (1) + + +) Unofficial table of contents

§ 10 Data Protection Regulation

(1) The bodies responsible for the issue, collection and control of insurance certificates, wreck removal certificates and personal liability certificates may, in so far as they are to fulfil their duties under this Act, be entitled to: the data referred to in Article 9e (1), first sentence, points 1, 3, 7, 8 and 13 of the Law on the Law of the Sea, including personal data, shall also be collected 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 maritime administration, insofar as this is the case in individual cases. (3) The data referred to in paragraph 1 may be transferred to public authorities within the meaning of Section 4b (2) (1) and (2) of the German Federal Data Protection Act (Bundesdatenschutzgesetz) to public authorities. The Federal Data Protection Act (Bundesdatenschutzgesetz) shall be transmitted if this is in the individual case for the assertion of claims after the (4) The data referred to in paragraph 1 may be transferred to other bodies 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 done in the An individual case is required for the assertion of claims under the Wreck Removal Convention.

Section 4
Criminal and penal rules

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Section 11 Criminal Code

(1) With a custodial sentence of up to two years or a fine, it shall be punished who, contrary to Article 3, paragraph 1, in conjunction with Annex I, Article 4 ^to Paragraph 1 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 (OJ L 327, 30.4.2009, p. 24) does not maintain 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. Unofficial table of contents

§ 12 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

does not maintain insurance or other financial security in accordance with the first sentence of Article 2 (1) or the first sentence of Article 4 (1),

2.

Contrary to § 3 (3) sentence 1, § 5 (3) sentence 1 or § 6 sentence 1, it does not ensure that the certificate referred to therein is on board,

3.

, contrary to § 3 (3) sentence 2, § 5 (3) sentence 2 or § 6 sentence 2, a certificate referred to in this paragraph shall not be carried out or presented in the form of a certificate,

4.

shall not submit a certificate referred to in paragraph 5 (4); or

5.

a legal regulation pursuant to Section 9 (1) or (2) or a enforceable order shall be contrary to such a decree, in so far as the legal regulation refers to this fine for a particular case.

(2) The administrative offence may be punishable in the cases referred to in points 1 and 5 of paragraph 1, with a fine of up to thirty thousand euros, in the other cases with a fine of up to five thousand euros. (3) Administrative authority within the meaning of Article 36 (1) Point 1 of the Law on Administrative Offences

1.

in the cases referred to in paragraph 1 (1) to (3), the Federal Maritime and Hydrographic Agency, and

2.

in the cases referred to in paragraph 1, point 4, the Water and Shipping Directorate North.

Footnote

(+ + + § 12: For application, see § 14 para. 1 iVm Bek v. 12.3.2015 I 320 + + +)

Section 5
Other provisions

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Section 13 Application 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

Regulation (EC) No 392/2009 and Article 6 are

1.

in respect of carriage by sea within 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 327, 22. 1), as from 31 December 2016,

2.

in respect of carriage by sea within the Federal Republic of Germany on ships of category B within the meaning of Article 4 (1) of Directive 2009 /45/EC as from 31 December 2018

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Section 14 Transitional regime

(1) § § 4, 5 and 7, paragraph 1, point 2, § 12, insofar as it relates to § § 4 and 5, and legal regulations on the basis of § 9 number 1 are to be applied only from the day on which the wreck disposal agreement for the Federal Republic of Germany in (2) The Federal Ministry of Transport, Building and Urban Development shall announce the date referred to in paragraph 1 in the Federal Law Gazans.

Footnote

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