Ordinance on the issuance of liability certificates in accordance with the Maritime Safety Detection Act (Seeeversafeguards Ordinance-SeeVersNachwV)

Unofficial table of contents

SeeVersNachwV

Date of completion: 27.06.2013

Full quote:

" Seeverfuse Regulation of 27 June 2013 (BGBl. I p. 1926, 1927) "

1

This Regulation shall also be used for 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 327, 30.4.2009, p. OJ L 131, 28.5.2009, p.24).

Footnote

(+ + + Text certificate: 4.7.2013 + + +) 
(+ + + For application cf.  § 6 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EGV 392/2009 (CELEX Nr: 32009R0392) + + +) 

  

The V was issued as Article 3 of the V v. 27.6.2013 I 1926 by the Federal Ministry of Transport, Building and Urban Development in agreement with the Federal Ministry of Finance and the Federal Ministry of Justice. It occurs gem. Art. 6, 4.7.2013 in force. Unofficial table of contents

§ 1 Definition

Certificate of liability within the meaning of this Regulation

1.

a certificate of wreck removal pursuant to Section 5 (1) of the Law on Seal Insurance

2.

A certificate of personal liability according to § 6 of the Law on the Protection of Seekeepers.

Unofficial table of contents

§ 2 Application for an issue of a wreck removal certificate

(1) A wreck removal certificate shall be requested in writing. The application must include:

1.

the name of the ship, the gross tonnage, the distinguishing signal, the IMO ship identification number and the home port of the ship,

2.

the name and full address of the principal place of business of the registered owner, including the telephone number, and, if available, the fax number,

3.

the nature and duration of the security; and

4.

the name and full address of the principal place of business of the insurer or other guarantor and the place of business in which the insurance or security is granted.

(2) The application shall be accompanied by:

1.

a statement by the insurer or other security provider that:

a)

the security of the conditions set out in the 2007 Nairobi International Convention on the Elimination of Wrecks (BGBl. 530, 531) (Wrapping Convention), and

b)

an early termination or modification which means that the insurance or other security no longer meets the requirements of the wreck disposal agreement, third parties only three months after the date of notification of the termination or the Change to the Federal Maritime and Hydrographic Agency is effective,

2.

proof of the room content of the ship and

3.

in respect of a ship which does not carry the flag of the Federal Republic of Germany, the indication of an authorised representative with permanent domials or registered office in the country and a written authority for the said vessel.

Unofficial table of contents

§ 3 Application for the issuing of a certificate of personal liability

(1) A certificate of personal liability shall be requested in writing. The application must include:

1.

the name of the ship, the distinguishing signal, the IMO ship identification number and the home port of the ship,

2.

the name and full address of the principal place of business of the carrier who actually carries out the transport, including the telephone number, and, if any, the fax number,

3.

the nature and duration of the security;

4.

the name and full address of the principal place of business of the insurer or other security provider for the risks of war and, where appropriate, if necessary for the examination of the application, of the place of business where the insurance or security is granted, and

5.

the name and full address of the principal place of business of the insurer or other security provider for non-war risks and the place of business in which the insurance or security is granted.

(2) The application shall be accompanied by:

1.

a declaration by the war insurer and a declaration by the non-war insurer, which shall comply with the provisions of Article 3 (2) in conjunction with Annex II, Annex B, point I to Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 October 2009, April 2009 on the liability of carriers of passengers by sea in the event of an accident (OJ L 327, 22. OJ L 131, 28.5.2009, p. 24),

2.

proof of the number of passengers the vessel is authorised to carry, and

3.

in the case of a carrier who actually carries out the transport in whole or in part and who does not have his domible or registered office in the country, the indication of an agent with permanent domials or registered office in the country and a written declaration Full power for this.

Unofficial table of contents

§ 4 Exhibition

(1) The wreck removal certificate shall be issued in accordance with the model of Appendix 1. (2) The certificate shall be issued in accordance with the model of Appendix 2. (3) The period of validity of a certificate of liability shall be that of the insurance or other security. (4) If a certificate of liability is issued for a ship registered in a register of ships domestiated, the Federal Maritime and Hydrographic Office shall deposit a copy in the case of the ship (5) is a liability certificate has become unusable or is made credible that it has been lost, a replacement copy will be issued upon written request. The certificate which has become unusable shall be returned. Unofficial table of contents

§ 5 Obligations of the applicant

(1) The registered owner, who has been issued a certificate in accordance with § 5 (2) of the Law on the Maritime Insurance Certificate Act, has

1.

an early termination of insurance or other financial security and

2.

any further modification of the same which results in it no longer complying with the conditions set out in the first sentence of Article 4 of the Law on the Law of the Seal Insurance Act,

immediately inform the Federal Maritime and Hydrographic Agency (Bundesamt für Seeschifffahrt und Hydrographie). (2) Article 4 of Annex I to Article 3 of Annex I to Article 3 of the Treaty ^to Paragraph 1 of Regulation (EC) No 392/2009 on the maintenance of insurance or other financial security Carriers which actually carry out the transport in whole or in part has

1.

an early termination of the same and

2.

any further modification of the same which results in it no longer complying with the conditions laid down in Article 3 of Regulation (EC) No 392/2009,

to inform the Federal Maritime and Hydrographic Agency without delay.

Footnote

(+ + + § 5: For application, see  Section 6 (1) and  2 + + +)   

Unofficial table of contents

§ 6 Transitional Regulation

(1) § 5 (1) shall not apply until the date on which the Wreck Removal Convention enters into force for the Federal Republic of Germany. (2) § 5 (2)

1.

in respect of carriage by sea within the Federal Republic of Germany on ships of Class A, in accordance with 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 (recast) (OJ C 327, 1), as from 31 December 2016,

2.

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

(3) The Federal Ministry of Transport, Building and Urban Development shall announce the date referred to in paragraph 1 in the Federal Law Gazans. Unofficial table of contents

Appendix 1 (to § 4 (1))

(Fundstelle: BGBl I 2013, 1929)

Germany
Federal Office for Maritime Navigation and Hydrography

Federal Republic of Germany
Federal Maritime and Hydrographic Agency Certificate of insurance
or any other financial security in respect of liability for the removal of the WracksCertificate of Insurance
other Financial Security in respect of Liability for the Removal of WrecksIssued under Article 12 of the 2007 Nairobi International Convention on the Elimination of WracksIssued in accordance with the provisions of article 12 of the Nairobi International Convention on the Removal of Wrecks, 2007

Name of Ship	Gross room number	Distinguishing Signal	IMO ship- identification number	Home- Port	Name and Full address of the principal place of business of the registered owner
Name of Ship	Large tonnage	Distinctive number or letters	IMO Ship Identification Number	Port of Registry	Name and full address of the principal place of business of the registered owner

It hereby certifies that, for the above-mentioned ship, there is an insurance policy or other financial security in accordance with Article 12 of the 2007 Nairobi International Convention on the Elimination of Wrecks. This is to be certify that there is in force, in respect of the above-named ship, a policy of insurance or other financial security satisfying the requirements of article 12 of the Nairobi International Convention on the Removal of Wrecks, 2007.Type of security
Type of Security................................................................................ Time of security
Duration of Security........................................................................... .Name and address of the insurer (insurer) and/or the security provider (guarantor)
Name and address of the insurer (s) and/or guarantor (s) Name
Name........................................................................................... .Address
Address........................................................................................ .This certificate shall apply until
This certificate is valid until................................................................... .Selected or confirmed by the Government of the Federal Republic of Germany,
Bundesamt für Seeschifffahrt und HydrographieIssued or certified by the Government of the Federal Republic of Germany,
Federal Maritime and Hydrographic Agency

		Date/Date
in/at Hamburg	am/on
		(Signature and official name of the -issuing or confirmatory staff) (Signature and Title of issuing or certifying official) On behalf/For the Federal Maritime and Hydrographic Agency

Unofficial table of contents

Appendix 2 (to § 4 (2))

(Fundstelle: BGBl. I 2013, 1930-1931)

Germany
Federal Office for Maritime Navigation and Hydrography

Federal Republic of Germany
Federal Maritime and Hydrographic Agency Certificate of insurance
or other financial security for liability in the event of death and bodily injury of ReisendenCertificate of Insurance
or other Financial Security in Respect of Liability for the Death of and Personal Injury to PassengersAusfiled under Article 4 ^to of the Athens Convention of 2002 on the Carriage of Passengers and their Luggage by SeeIssued in accordance with the provisions of Article 4 ^to of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002

Name of Ship	Unterschei- signal	IMO ship identification number	Marina	Name and Full address the principal place of business of the carrier; that actually carries out the promotion
Name of Ship	Distinctive number or letters	IMO Ship Identification Number	Port of Registry	Name and full address of the principal place of business of the carrier who actually performs the carriage

It hereby certifies that insurance or other financial security, which meets the requirements of Article 4, exists for the above-mentioned ship. ^to of the Athens Convention of 2002 on the Carriage of Passengers and their Luggage by Sea. This is to certify that there is in force in respect of the above named ship a policy of insurance or other financial security satisfying the requirements of Article 4 ^to of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002.Art and Term of Security for War Risks
Type and duration of Security for was risks....................................................... .Type and term of security for non-war risks
Type and duration of Security for non-war risks.................................................. .Name and address of the insurer (insurer) and/or the security provider (guarantor)
Name and address of the insurer (s) and/or guarantor (s) The insurance protection certified herewith is in accordance with the implementing directives adopted by the International Maritime Organisation's Legal Committee in October 2006. Insurance for war risks and insurance for other risks. Both parts of the insurance cover shall be subject to all the exceptions and limitations allowed under the Convention and the implementing Directives. The insurers shall not be held jointly and severally liable. The insurers are: The insurance cover hereby certified is split in one was insurance part and one non-war insurance part, pursuant to the implementation guidelines adopted by the Legal Committee of the International Maritime Organisation in October 2006. Each of these parts of the insurance cover is subject to all exceptions and limitations allowed under the Convention and the implementation guidelines. The insurers are not jointly and severally liable. The insurers are: name and address of the insurer (insurer) and/or the security provider (security provider)
Name and address of the insurer (s) and/or guarantor (s) for war risks: (name, address)
For war risks: (name, address).................................................................... .For non-war risks: (name, address)
For non-war risks: (name, Address)................................................................ .This certificate shall apply until
This certificate is valid until........................................................................ .Selected or confirmed by the Government of the Federal Republic of Germany,
Federal Office for Maritime Navigation and Hydrography
Issued or certified by the Government of the Federal Republic of Germany,
Federal Maritime and Hydrographic Agency

		Date/Date
in/at Hamburg	am/on
		(Signature and official name of the -issuing or confirmatory staff) (Signature and Title of issuing or certifying official) On behalf/For the Federal Maritime and Hydrographic Agency