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Law for the Improvement of Maritime Safety through the Investigation of Maritime accidents and other incidents

Original Language Title: Gesetz zur Verbesserung der Sicherheit der Seefahrt durch die Untersuchung von Seeunfällen und anderen Vorkommnissen

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Law for the Improvement of Maritime Safety through the Investigation of Maritime accidents and other incidents (Maritime Safety Investigation Act-SUG)

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SUG

Date of completion: 16.06.2002

Full quote:

" The Law of the Sea Safety Act in the version of the Notice dated 1 March 2012 (BGBl. I p. 390) "

Status: New by Bek. v. 1.3.2012 I 390; last amended by Art. 16 para. 22 G v. 19.10.2013 I 3836

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 20.6.2002 + + +) 
(+ + + Official notes of the norm provider on EC law:
Implementation of the
ERL 18/2009 (CELEX Nr: 32009L0018) cf. V v. 8.3.2012 I 483 + + +)

The G was referred to as Article 2 d. G v. 16.6.2002 I 1815 (SchAnpG 2) passed by the Bundestag. It's gem. Article 10, first sentence, of this G entered into force on 20 June 2002.

Section 1
Scope

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§ 1 Objective and scope of the law

(1) This Act serves to provide for the safety of seafaring, including the inextricably related occupational health and safety of workers at sea, and environmental protection at sea by investigating maritime accidents. or any other incidents in the maritime transport sector (maritime accidents), in compliance with the applicable international arrangements for the investigation of maritime traffic. (2) This Act applies to the whole of the maritime transport sector. In the case of seagoing ships, it also includes transport operations from, to and from the ports located on the federal maritime routes. (3) Without prejudice to the obligations arising from Article 94 (7) of the United Nations Convention on the Law of the Sea of 10 June 1990, the United Nations Convention on the Law of the Sea of 10 June 2008. December 1982 (BGBl. 1798), this Act does not apply to maritime accidents involving the exclusive participation of:
1.
Warships, troop transport vessels or other ships belonging to or operated by the Federal Government or the Länder, which are in the public service and serve exclusively for purposes other than commercial purposes,
2.
ships without machinery, wooden ships of a simple design and recreational craft or sports vehicles not used for commercial purposes, provided that they do not have a prescribed crew and carry more than 12 passengers,
3.
fishing vessels with a length of less than 15 metres;
4.
firmly installed offshore drilling units.
In addition, the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry of Transport, Building and Urban Development will be responsible for the safety investigation of maritime accidents involving a military vessel and which are mainly affected by military matters. (4) By way of derogation from paragraph 3, Section 3 is based on maritime accidents in German territorial waters and in the German exclusive economic zone with exclusive participation of the German authorities in the In the case of vessels and vehicles referred to in point 2 or 3 of the first subparagraph, provided that: in connection with the operation of the ship or vehicle, a maritime accident within the meaning of Section 1a (1) has occurred and
1.
the knowledge likely to contribute to an increase in maritime safety, in particular by improving existing rules or facilities for maritime transport; or
2.
a State with a legitimate interest requests a safety investigation within the meaning of Section 3.
A safety investigation within the meaning of sentence 1 shall not be carried out unless it can be carried out or if there is evidence that the investigation could not be carried out. Unofficial table of contents

§ 1a Definitions

Within the meaning of this Act,
1.
Maritime accident
a)
any event which has at least one of the following consequences:
aa)
the death or serious injury to a person caused by or in connection with the operation of a ship;
bb)
the disappearing of a person on board a ship, caused by or in connection with the operation of a ship;
cc)
the loss, presumed loss or the task of a ship;
dd)
a property damage to a ship,
ee)
the running or shipwreck of a ship or the involvement of a ship in a collision,
ff)
property damage caused by or in connection with the operation of a ship;
gg)
damage to the environment as a result of damage to one or more vessels caused by or in connection with the operation of one or more ships;
b)
any event caused by or in connection with the operation of a ship by which a ship or man is in danger of or as a result of serious damage to a ship, a marine construction or the environment could be caused;
2.
a very serious maritime accident which strikes a ship and where there is a total loss of the ship, the death of a human being or a significant pollution;
3.
a serious maritime accident which is not to be classified as a 'very serious marine accident' and in particular a fire, an explosion, a collision, a basic contact, a contact with a solid body, one with a heavy body of gravity, a Weather caused damage, an ice damage, a crack or suspected other damage in the outer skin comes with one or more of the following damage sequences:
a)
failure of the main machinery; substantial damage to the accommodation spaces; serious damage to the shipbuilding associations, in particular a leak in the submarine area of the outer skin, causing the ship to become infamous;
b)
pollution, regardless of the amount of pollutants released, or
c)
a shipwreck or assistance from the country required;
4.
State with a well-founded interest in a State,
a)
is the flag State of a vessel which is the subject of an investigation;
b)
in whose internal waters or territorial sea there is a sea accident,
c)
who can claim that a maritime accident has caused serious damage to the environment of that State or to the territories over which that State is entitled to exercise its jurisdiction under the recognised principles of international law, or threatens to cause
d)
which may assert that the consequences of a maritime accident may cause serious damage to that State itself or to artificial islands, facilities or works on which that State is sovereign in accordance with the recognised principles of international law; shall have the right to exercise or threaten to cause,
e)
who can claim that, as a result of a maritime accident, one or more of its nationals have lost their lives or have suffered serious injuries,
f)
which has important information that can be useful to the safety investigation, or
g)
which, for any other reason, may claim an interest which is considered to be significant by the State responsible for the safety investigation.
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Section 2 Maritime-related international examination regulations

For the purposes of this Act, maritime-related international investigation arrangements shall be the provisions of international law in force within the meaning of points A, C and D of the Annex, and those referred to in points B and E of the Annex. , as amended by the European Community legislation as set out in each case. Unofficial table of contents

§ 3 Authorities of the European Communities on the basis of legal acts of the European Communities

Within the limits of their powers under this Act, the federal authorities referred to therein shall each have the review, design and intervention powers, duties and duties assigned to those referred to in points (B) and (E) of the Annex. Member States shall reserve or assign Member States to the administration or their managing authorities in respect of a case.
*)
This provision shall be used for the implementation of the Community rules referred to in points B and E of the Annex.

Section 2
Investigations in the case of security precautions by responsible persons

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Section 4 Scope of application of Section 2

This section shall apply to investigations by the identification and evaluation of the causes of maritime accidents occurring during the operation of the ship, by the following responsible persons in the maritime transport sector, as well as for organisational measures of these People. Unofficial table of contents

§ 5 Organisational measures for investigations

The owner of a ship under the Federal flag shall ensure that:
1.
in its undertaking, the maritime accidents in question within the meaning of Section 4 of this ship are to be reported to the undertaking responsible for the safety of the operation of the ship,
2.
the ship's guide of the ship is unequivocably instructed, for
a)
the protection of all data relating to nautical charts, shipbooks, electronic and magnetic records and video tapes, including the data of the voyage data recorder and other electronic devices over the period before, during and in the event of a maritime accident and the protection of such equipment from interference,
b)
the prevention of the breach or any other change in the data referred to in point (a); and
c)
the immediate collection and securing of all evidence for safety investigations
Care to wear.
§ 9 of the Ship Safety Act shall apply in respect of the owner accordingly. Unofficial table of contents

§ 6 Adaptation of operational safety concepts

The maritime accidents within the meaning of § 4 shall be subject to the provisions of the Ship Safety Act and the international ship safety regulations listed therein as well as the ship safety ordinance at the instigation of the ship after the operation of a ship after the Immediately analyse and investigate ship safety law for the security organisation with the aim of ensuring the organisation of safety requirements for the safety of a safe and secure environment Ship operations and the prevention of marine pollution in accordance with the results of the investigation. Unofficial table of contents

§ 7 Improvement of the rules of classification societies

Where a certificate is issued by a German authority, its own rules are laid down in accordance with Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for Ship inspection and survey organisations (OJ L 196, 27.7.2001, p. 11), as amended by the applicable version, which carried out a survey of the vessel for this purpose, the classification society has, in accordance with a maritime accident which has become known to it, within the meaning of § 4 of the vessel, which concerns the hull, machinery, electrical equipment or the control, control and monitoring facilities of that ship, whether or not to improve its own rules, can be removed or prevented. Unofficial table of contents

§ 8 Information of classification societies

The persons responsible for the operation of a ship in accordance with the Ship Safety Act shall ensure that the classification society referred to in § 7 shall be immediately notified after a maritime accident within the meaning of Section 4 of all the technical dangerous circumstances relevant to the participation of the classification society with regard to the issuing of certificates.

Section 3
Official investigations into the safety culture of the international and national maritime safety system

Subsection 1
Principles

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§ 9 Objective and subject scope of Section 3

(1) This section shall apply to the official investigation of maritime accidents to the safety culture of the international and national maritime safety systems and to the collection, processing and use of personal data in this context. (2) The official investigation pursuant to this section shall serve exclusively for the following purposes:
1.
Determination
a)
the circumstances of the maritime accidents,
b)
of the immediate and indirect causes of the maritime accident, and
c)
the factors that have favoured maritime accidents, including weaknesses in the maritime safety system,
2.
Publication of investigative reports and, in particular, safety recommendations for the prevention of future maritime accidents, and
3.
strengthening the maritime cooperation and security partnership of those responsible for security in the interests of increased security.
It does not serve the purpose of determining facts for the purpose of the allocation of errors in order to bring about disadvantages for individuals, nor does it serve the purpose of determining fault, liability or claims. However, it should not, therefore, disregard the unrestricted representation of the causes, because conclusions could be drawn from the results of the investigation on culpable behaviour or on liability for liability. Unofficial table of contents

§ 10 International examination regulations within the meaning of Section 3

The application of the maritime-related international investigation arrangements referred to in points (A) to (C) of the Annex shall be carried out, in so far as this law is concerned, within the framework of this Section. Unofficial table of contents

Section 11 Decision on the implementation of the safety investigation referred to in Section 3

(1) A safety investigation shall be carried out by the Director of the Federal Agency for the Investiation of Maritime accidents or, in the case of his prevention, his deputy, in accordance with the provisions of paragraphs 2 to 4. (2) In the event of a very serious maritime accident a safety investigation shall be carried out if:
1.
a ship flying the German flag, regardless of the location of the maritime accident,
2.
the maritime accident has taken place in German territorial waters or in the German exclusive economic zone, irrespective of the flag which carries a vessel involved in the maritime accident, or
3.
the Federal Republic of Germany has a well-founded interest in accordance with § 17, irrespective of the place of the maritime accident or of the flag which carries a ship involved in the maritime accident.
(3) In the event of a serious maritime accident, within the scope of Directive 2009 /18/EC of the European Parliament and of the Council of 23 April 2009 laying down the principles governing the investigation of accidents in the maritime transport sector and amending the Council Directive 1999 /35/EC and Directive 2002/59/EC of the European Parliament and of the Council (OJ L 201, 31.7.1999, p. 114), a preliminary assessment is to be made in order to decide whether a safety investigation will be carried out. In the event that a safety investigation is not required, the reasons for this decision shall be included in the European electronic database " European Information Forum for Accidents at sea " to report and to store. Annex II to Directive 2009 /18/EC shall apply with regard to the format and content of the notification. When deciding on the conduct of a safety investigation as set out in the first sentence, the severity of the maritime accident, the nature of the ship or the cargo involved and the possibility that the results of the safety investigation should be carried out in order to prevent the (4) In the case of all other maritime accidents, the procedure referred to in the second sentence of paragraph 3 shall not be applied. The fourth sentence of paragraph 3 shall apply in these cases. (5) A safety investigation shall be initiated immediately, but not later than two months after the Federal Agency for Maritime Accident Investigation has been informed of the occurrence of a maritime accident.

Subsection 2
Organization

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§ 12 Federal Office for Marine accident investigation

(1) The Federal Office for Maritime accident investigation (Bundesstelle) is a federal authority in the division of the Federal Ministry of Transport, Building and Urban Development. It shall be responsible for the official safety investigation of marine casuals in accordance with this section. The Federal Office is headed by a director and, incidentally, staffed with officials and employees in the required number. (2) The Federal Office shall perform its duties functionally and organisationally independently of all natural and legal persons whose interests could collide with their duties. (3) instructions concerning the initiation or non-conduct, the content and scope of an investigation, and the report of the inquiry, or the safety recommendations shall not be issued to the Federal Office; the The Director of the Federal Agency shall submit the investigators, investigative experts and other experts to the Federal Office. The Federal Office may use suitable private persons as investigators who, in individual cases, work as their auxiliary bodies under the authority of the Federal Office and under the supervision of the Federal Office. The Federal Office shall determine the extent of the investigative activities to be carried out by the officers, as well as their rights and obligations under the terms of this Act. The officers receive compensation from the Federal Office for travel expenses in accordance with the rules applicable to federal civil servants and compensation, which is set by the Federal Ministry of Transport, Building and Urban Development. This sentence is valid for members of the board within the meaning of § 32, which are not part of the Federal Office. (5) The director of the Federal Office and the investigators may not, in addition to their office, be a third-owned office, no business and no other Do not belong to the management or supervisory board or to the board of directors of a company that is intended for acquisition or to a statutory body of the federal government or any country. They are not allowed to issue out-of-court opinions for consideration. They may not belong to any of the legal persons referred to in paragraph 2, represent them, advise them or act on them as reviewers or experts. (6) The Director of the Federal Agency and the investigators must provide comprehensive information on the Technical and operational knowledge and experience in the field of seafaring, as well as for the ability to conduct an extensive accident investigation, be adequately trained. The Federal Agency has to ensure that the professional skills and knowledge of the investigators, the investigative experts and the other experts are to be maintained and adapted to the development. Unofficial table of contents

Section 13 Administrative and administrative assistance

(1) The Federal Office shall cooperate with the Federal Office for Accident Investigation, insofar as this appears to be appropriate, in particular for economic or technical reasons. (2) The Federal Agency may in particular, the Professional Cooperative for Transport and transport services as ship safety authority, the Federal Maritime and Hydrographic Agency as well as the water and shipping directorates North and Northwest for help, unless according to the concrete circumstances is not to exclude the investigation of the marine accident by their behaviour or (3) The Federal Office may, in order to carry out its tasks with the departments of the Federal States, make arrangements for the performance of the duties of the Federal Government. Concluding an organic bond in certain individual cases, meeting agreements on the use of evidence and examination results, or otherwise working together in the manner that appears to be appropriate. The agreements are to be made public in the Official Journal. (4) The other rules and principles governing administrative and administrative assistance shall remain unaffected.

Subsection 3
Cooperation with other States

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Section 14 Information of foreign states and the International Maritime Organisation (IMO)

A maritime accident within the meaning of Article 94 (7) or Article 221 (2) of the Convention on the Law of the Sea (BGBl) shall be adopted. 1798) in the German territory, or if a ship is involved in such a maritime accident outside the territory of the German flag, the Federal Agency shall immediately inform the Federal Office of the
1.
the flag States concerned,
2.
the other States or States with a well-founded interest in a marine accident investigation; and
3.
in accordance with the IMO Code for the investigation of accidents and incidents at sea (Verkehrsblatt 2000 p. 128, plant volume B 8124 p. 21), the International Maritime Organisation.
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§ 15 (omitted)

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Section 16 Designation of the State responsible for the safety investigation

(1) If, in the event of a maritime accident, the Federal Agency has initiated an investigation procedure in which another State has a well-founded interest, it shall be designated by common accord at the request of that State.
1.
the State responsible for the investigation, and
2.
in the case of the designation of Germany as the lead state, the participants within the meaning of Section 24 (1).
A safety investigation initiated by the Federal Office can be continued even if the procedure under sentence 1 has not yet been completed. (2) If Germany is the lead state, the Federal Office shall ensure that a joint (3) In the cases referred to in paragraph 2, the Bundesstelle shall ensure that investigative bodies shall be responsible for the investigation of the investigation and the investigation of the of other States with a legitimate interest the same rights and the same access to the witnesses interviewed by the Federal Office and to the evidence collected by the Federal Office, such as the Federal Office itself. It shall also ensure that these investigative bodies have the right to take account of their position. (4) The Federal Agency may, with the consent of another State with a justified interest, investigate in accordance with this Section at the same time for this one. It may also, by common accord, transfer the management of a safety investigation or the carrying out of special tasks related to it to another State, in so far as it does not involve the exercise of public authority. (5) a ro-ro passenger ship or a driving gas high speed vehicle involved in a maritime accident in the German territorial sea or in the German inner waters within the meaning of the Convention on the Law of the Sea, the Federal Agency shall initiate the safety investigation. This also applies to a maritime accident in other waters, provided that the vehicle is last in German territorial waters. The Federal Agency is responsible for the safety investigation and the coordination with the investigative bodies of other states. competent authority until agreement has been reached on which state is to be responsible for the safety investigation. Unofficial table of contents

Section 17 Participation in security investigations of other States

(1) In the event of a maritime accident, a safety investigation by a Member State of the European Union or under the auspices of a Member State of the European Union, with the participation of another Member State of the European Union, shall be subject to the Union with a legitimate interest, the Federal Agency shall not conduct a simultaneous safety investigation on the grounds of the same maritime accident, but shall take part in the other investigation procedure, in so far as a well-founded German interest is available. In duly substantiated individual cases, the Federal Office may, by way of derogation from the first sentence, carry out its own simultaneous safety investigations. It is informed by the Federal Ministry of Transport, Building and Urban Development, stating the reasons. In the event of its own simultaneous safety investigations, it shall cooperate closely with the investigative bodies of the other Member States of the European Union. In order to reach joint conclusions as far as possible, it shall exchange the information gathered in the course of its safety investigations in the extent necessary for the performance of the investigation order pursuant to Article 9 (2), in accordance with the conditions laid down by the The Federal Data Protection Act (Bundesdatenschutzgesetz), unless otherwise specified in this Act. (2) The safety investigation is carried out under the guidance or suspension of a State with a well-founded interest, which is not a Member State of the European Union. (third country), the Federal Office shall cooperate as far as possible with the latter. The fifth sentence of paragraph 1 shall apply accordingly. The Federal Office may depart from the initiation of a separate, simultaneous safety investigation, provided that the participation of the Federal Office is ensured and the safety investigation according to the IMO Code for the Safety investigation of maritime accidents and incidents at sea (maritime accident-investigation code) (VkBl. 2000 p. 128, plant volume B 8124 p. 21). Unofficial table of contents

Section 18 Assistance in the context of cooperation

(1) The Federal Office may, if necessary, request the competent authorities of other States to:
1.
Installations, installations and equipment for
a)
the technical inspection of wrecks or wreckage, on-board equipment and other items that are important for the safety investigation;
b)
the evaluation of the records of the data recorder,
c)
the electronic storage and evaluation of accident data;
2.
Specialists for certain tasks in connection with the safety investigation of a maritime accident of particular importance and gravity
(2) The Federal Agency may, at the request of the Federal Office, grant the assistance referred to in paragraph 1 to other States. It is granted free of charge on the basis of reciprocity. If the Federal Office asks a State which is not involved in the safety investigation, in order to provide assistance, it shall reimburse the costs incurred in this respect.

Subsection 4
Implementation of the safety investigation

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Section 19 Investigation status

(1) The safety investigation by the Federal Office shall, in principle, take precedence over all other technical and technical investigations for purposes other than those referred to in Article 9 (2). The powers of the law enforcement authorities and the courts appointed for prosecution shall remain unaffected. (2) Clash with differently directed interests in individual cases shall be due to targeted and appropriate cooperation of the Federal Office with other authorities involved. Unofficial table of contents

Section 20 Investigation procedure

(1) The investigation procedure comprises the entire activity of the Federal Office, which is aimed at determining the causal correlations of a sea accident and determining the causes which determine the cause. It shall end with the summary of the results of the safety investigation in an investigative report and its publication. The investigation report in accordance with the second sentence does not contain any personal data. (2) The Federal Agency shall determine the extent of the safety investigation on the basis of the extent and nature of the maritime accident, taking into account the findings which are likely to improve the safety and prevention of future maritime accidents. Subject to other provisions, it shall not be bound by any form. The procedure shall be carried out in a simple and appropriate way. (3) The safety investigation shall be carried out on the basis of the procedures laid down in Article 2 (e) of Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 on the establishment of a safety investigation system. a European Maritime Safety Agency (OJ C 327, 28.4.2002, p. 1), which was developed by the Member States of the European Union and the European Commission, on the safety investigation of marine casuals. In the course of the investigation, this methodology may be deviated in special cases, insofar as this is necessary according to the situation of the case and the attainment of the examination objectives. (4) The Federal Office shall take into account in its investigations the international maritime-related investigation arrangements referred to in point (C) of the Annex, in particular the guidelines of the International Maritime Organisation (IMO) on the fair treatment of seafarers in the event of an accident at sea (VkBl. 2010 p. 506). Unofficial table of contents

Section 21 Introduction of the safety investigation

(1) The Director of the Federal Office or, in the case of his prevention, his deputy shall appoint an investigative officer to conduct the safety investigation for each maritime accident to be investigated. (2) The investigator shall immediately meet the for the purpose of carrying out the purpose of the investigation. Unofficial table of contents

Section 22 Investigative powers

(1) The investigator as well as the investigative experts and the officers for marine accident investigation, in each case according to the instruction of the investigator, shall be responsible for the performance of the investigative contract in accordance with § 9 (2) in consultation with the local authorities. competent law enforcement authority to take all necessary arrangements and measures. These include in particular:
1.
unimpeded access to the place of the sea accident and to the ship, wreckage, including cargo, equipment and debris, and the entering of land; land in this sense shall also be used for the operation of ships or for the manufacture of Installations, instruments and equipment used for the operation of the ship operating and business premises in the German territory,
2.
on the prevention of urgent threats to public safety and order access to accommodation and the entry of accommodation on board a ship; the fundamental right of inviolability of the home (Article 13 of the Basic Law) to the extent that
3.
the immediate take-up of the trace and the removal of wreckage, debris, components or substances as well as components of the cargo for examination or evaluation purposes,
4.
requesting the investigation or examination of the objects referred to in paragraph 3 and the free access to the results of such investigations;
5.
free access to all information and records, including the data of the voyage data recorder (VDR data), relating to a ship, a journey, a cargo, a crew or any other person, an object, a condition, or involve a circumstance, as well as its collection by taking into account, processing and using it,
6.
the reproduction, in particular by the undertaking of documents, records, certificates or other certificates (documents) of a ship, as well as documents which are on board a ship and have a reference to the maritime accident,
7.
free access to the results of investigations of the bodies of victims and to tests carried out with samples taken from bodies of victims,
8.
requesting and providing free access to the results of investigations of the persons involved in the operation of the ship or of other persons suspected of having an influence on the operation of the ship, or tests on the persons involved in the operation of the ship; samples taken,
9.
the raising, processing and use of information by unimpeded inspection of the relevant written and electronic documents of the owner, operator or manufacturer of the ship and its parts, and of the information provided for the purpose of the civil maritime and port operations authorities of the Confederation and of classification societies, and the production of appropriate copies,
10.
the request for assistance from the competent authorities of the participating States concerned, including the inspectors of the flag State and the port State, the staff of the Coast Guard, the competent authorities responsible for the monitoring of the shipping traffic Staff of the traffic centres, search and rescue units, pilots and other port or maritime transport personnel, to the extent that this is necessary for the purpose of carrying out the purpose of investigation pursuant to Article 9 (2).
(2) The Director of the Federal Office and the investigators shall, in consultation with the competent law enforcement authority, have the power to require an autopsy of the mortal remains of crew members and other persons on board the ship, if
1.
there are reasonable grounds for suspecting that a health disorder is the cause of the maritime accident, or
2.
this is necessary with a view to the protection of persons on board or in the operation of the vessel in the event of fatal injury. The corpse opening and the excavation of a buried corpse are ordered by the judge at the district court. The investigator shall be entitled to the order if the success of the investigation would be jeopardised by delay. Section 87 (1) to (3) and (4) sentence 2 of the Code of Criminal Procedure shall apply accordingly.
(3) Ensuring the presence of traces and objects suitable as detection means shall be carried out in close cooperation with the competent law enforcement authority. This applies in particular to such detection means which must be immediately secured and evaluated for a successful outcome of the safety investigation, such as the identification and examination of the victims and the recording equipment. (4) Federal Ministry of Transport, Building and Urban Development is authorized, in order to improve maritime safety by means of a regulation without the consent of the Federal Council, to carry out obligations in the operation of the vessels of the persons involved, in particular the Ship's guide, in support of and participation in the Security investigations, in particular for the securing of evidence of data, records and devices in connection with a maritime accident. (5) objection and action against orders of the Federal Office within the framework of the Safety investigations do not have suspensive effect. Unofficial table of contents

Section 23 Accident site

(1) The Federal Office shall decide, in accordance with a maritime accident in German territorial waters or in the German exclusive economic zone, in consultation with the competent law enforcement authority, on the access rights of third parties to a ship or wreck (2) The investigators and investigative experts are empowered to prohibit persons who are already at the scene of the accident or who have been granted access to the site for the first time, to the extent that there is a risk that: the success of the investigation is impaired by their presence. In deciding on the admissibility of the residence of these persons at the scene of the accident, their legitimate interests and legal obligations must be taken into account. (3) The place of accident, the traces of the accident, all wreckage and debris of the The ship and other contents of the ship and the cargo may not be touched or altered without the consent of the Federal Office. Only permitted
1.
deletion measures, if possible without changing the position of the items referred to in the first sentence,
2.
measures to avert an imminent threat,
3.
the recovery of and first aid measures to the injured as far as possible with simultaneous written and pictorial documentation of their situation at the scene of the accident or in relation to the location of the accident.
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§ 24 Participants in the investigation procedure

(1) In the case of a reasoned interest and at its request, an authorised representative of other States shall take part in the investigation procedure (participant), in particular:
1.
of the flag State,
2.
of the coastal State and
3.
of the State of the seat of the operator of the ship.
(2) Participants shall be entitled to consult advisers who, under the supervision of the investigator, may participate in the safety investigation to an extent which allows the participants to carry out the purpose of carrying out the investigation (3) The participation in the safety investigation shall be carried out under the supervision of the investigator in all areas of the safety investigation, and in particular:
1.
visual inspection of the site of the accident,
2.
the inspection of the ship or its wreck,
3.
the insight into the results of the witness surveys, with the possibility of proposing interviews with other areas of expertise,
4.
the fastest possible access to all essential means of detection,
5.
the receipt of any relevant documents,
6.
participation in the evaluation of prescribed records,
7.
participation in further studies, including discussions on the results, causes and safety recommendations,
8.
Suggestions for the scope of the investigation.
(4) The investigating leader may be accompanied by experts and helpers as administrative aid workers. The extent of their participation shall be determined by the investigator in accordance with the provisions of paragraph 2. In the case of marine casuals in German territorial waters, the Federal Office shall examine whether more detailed knowledge can be obtained by entruing experts with special knowledge of the respective shipping company or in the sense of the sentence 1 (5) The initiation and implementation of the safety investigation at the scene of the accident does not depend on the presence of the participants and their advisors. (6) Participants and their advisors, experts and helpers may not be able to attend the event. explicit consent of the Federal Office not to the state of the safety investigation or give a public opinion on individual results. They shall be expressly pointed out. The investigators and the investigative experts are obliged to secrecy. (7) Participants and their advisers, experts and helpers shall be excluded from the safety investigation if they are against this law or (8) In so far as the persons referred to in paragraphs 1 to 7 receive access to personal data in accordance with the provisions of paragraph 2, § 35 (5) shall apply mutatily. Unofficial table of contents

Section 25 Concern of partiality

Where there is a reason to justify mistrust of the non-partisan exercise of the activity of a person involved in the safety investigation, or the person concerned claims the existence of such a reason. (Concern of partiality), the person concerned has
1.
to inform the Director of the Federal Agency or, in the event of his prevention, his representative,
2.
to refrain from continuing to participate in the proceedings and
3.
comply with the instructions of the Director of the Federal Office or in the event of his representative's prevention.
Investigative actions already in place remain effective. The Federal Ministry of Transport, Building and Urban Development shall make the necessary arrangements for the matter of concern to the Director of the Federal Office or his representative. Unofficial table of contents

Section 26 Detection equipment

(1) The investigator and the investigative experts shall use all means available for the performance of the investigation order in accordance with § 9 (2) for the detection of the causes of the accident (detection means). They may, in accordance with the provisions of sentence 1,
1.
Obtain information,
2.
Witnesses, experts and other persons who are important for the investigation, and obtain written comments from them; witnesses may also be required to exclude persons whose interests are obstructive to the safety investigation. may be considered,
3.
Documents, documents and other documents shall be drawn up and viewed, unless specific restrictions on the use of such documents are contrary to them.
(2) Authorized representatives pursuant to Section 24 (1) and their advisers, as well as experts and helpers, shall be required to provide the Federal Office with the facts and means of detection known to them for the performance of the investigation order in accordance with Article 9 (2). (3) witnesses to the maritime accident and the events which have led or may have led to him are obliged to testify in accordance with the truthfulness of the case. A witness may refuse to reply to such questions, the answer to which he or she himself or one of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure, the risk of criminal prosecution or of a procedure after of the law would be subject to the law on administrative offences. The witness may also refuse to reply to such questions, the reply of which would expose him to the risk of a maritime proceedings under Section 4 or any other substantial legal disadvantage which he or she would be liable to have in respect of him or her. (2). (4) witnesses and experts are to be compensated on request in accordance with the Justice and Compensation Act (Justice and Compensation Act).

Subsection 5
Investigation reports and their disclosure

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Section 27 Investigation report

(1) For each safety investigation, an investigative report of the Federal Agency shall be drawn up in a form appropriate to the nature and severity of the maritime accident. This investigation report refers to the exclusive purpose of investigation pursuant to § 9 paragraph 2. (2) The investigation report provides information on
1.
the details of the fall of the maritime accident,
2.
the vessels involved,
3.
the external circumstances,
4.
the results of the investigative actions and opinions,
5.
Adverse effects on safety investigations and their reasons,
6.
the evaluation of all results and
7.
the identification of the causes or probable causes of the maritime accident.
The report shall be drawn up with due regard for the anonymity of the natural persons involved in the maritime accident. The investigative report shall, where possible, contain safety recommendations in accordance with § 29; they shall be repeated in the investigation report if they have already been issued at an earlier date due to the risk of default or in the public interest. . For reports on marine casuals falling within the scope of Directive 2009 /18/EC, the format and content of Annex I to Directive 2009 /18/EC shall apply. (3) The Federal Agency shall draw up a draft of the Investigation report. An opportunity to comment on the facts and conclusions relevant to the determination of the causes (hearing), shall be given, depending on the situation of the case,
1.
the operator of the ship,
2.
the manufacturer of the ship and its parts,
3.
the master and the crew members whose immediate responsibilities are affected,
4.
the supervisory authorities of the bodies responsible for maritime traffic safety services;
5.
the classification societies referred to in Article 7;
6.
the addressees of safety recommendations in accordance with § 29,
7.
the German Weather Service and
8.
the authorised representatives in accordance with § 24 (1).
In the case of maritime accidents with a fatal outcome, the spouse or life partner, a full-year descendant and the parents of the dead person are also entitled to listen to the hearing. The sentences 2 and 3 shall also apply if the victim has been deemed to have been missing after a maritime accident within the meaning of Section 1 of the Enforced Disappearing Act or has been declared dead in accordance with Section 5 of the Enforced Disappearence Act. The draft of the investigation report shall be sent to the persons or bodies referred to in sentences 2 and 3, including in conjunction with the fourth sentence, for the purpose of the hearing. (4) Substantial Opinions established within 30 days of dispatch shall be established. of the draft report shall be taken into account in the final report of the investigation. Differing opinions expressed by authorised representatives in accordance with Article 24 (1), which enter into force within the period referred to in the first sentence, shall be annexed to it if they have not been taken into account in the investigation report. (5) Sea accidents, the Findings of the investigation are not of particular importance for the safety of maritime traffic, and are concluded with a summary report of the investigation. The summary report only provides information on the vessels involved in the maritime accident and the accident. It may contain a superordinated assessment of the maritime accident. An opportunity to comment is not given in this case. Unofficial table of contents

Section 28 Publication of the investigation report

(1) The Federal Agency shall publish the final investigation report no later than 12 months after the maritime accident. Where, in the event of a very serious maritime accident or a serious maritime accident falling within the scope of Directive 2009 /18/EC, it is not possible for the Federal Office to submit the final investigation report within the time limit referred to in the first sentence of sentence 1 The Federal Office shall publish an interim report within this period. (2) The Federal Agency shall send a copy of the final report to the Federal Republic of Germany for each final report.
1.
the persons or bodies referred to in Article 27 (3), second sentence, and third sentence, also in conjunction with the fourth sentence,
2.
the International Maritime Organization, unless the IMO Code for the safety investigation of maritime accidents and incidents at sea does not provide for such a dispatch; and
3.
the European Commission, in so far as it is provided for under Directive 2009 /18/EC.
At the same time, the publication of the investigation report is carried out by announcing the reference source in the Federal Ministry of Transport, Building and Urban Development, and the provision on the website of the Federal Office. (3) The Federal Agency shall send a copy of the interim report referred to in the second sentence of paragraph 1 to the persons and bodies referred to in the first sentence of paragraph 2, points 1 and 3, and shall be published in accordance with the second sentence of paragraph 2, if the publication of the interim report has been published may be linked to improving safety at sea, in particular where: Safety recommendations according to § 29 (2) sentence 1 have been issued. (4) In the case of maritime accidents which have occurred within the scope of Directive 2009 /18/EC, the Federal Office shall take into account possible technical comments of the European Commission to the investigative reports sent in accordance with paragraph 2 which do not influence the content of the findings, with a view to improving the quality of the investigation report. Unofficial table of contents

Section 29 Safety recommendations

(1) Safety recommendations shall be issued by the Director of the Federal Office. The safety recommendations shall be addressed to the bodies which can implement them in appropriate measures. In this sense, individual persons, companies or associations may also be individual persons, companies or associations in accordance with § 3 of the Maritime Safety Act. (2) A safety recommendation shall be independent of the state of the investigation procedure as To issue early warning when the Federal Office has come to the conclusion that urgent action must be taken in order to prevent the risk of new maritime accidents from the same or similar grounds. In the case of maritime accidents within the scope of Directive 2009 /18/EC, it shall also inform the European Commission if it considers that, for the reasons set out in the first sentence, it considers urgent action to be taken at Community level. (3) The content of the (4) A safety recommendation shall in no case lead to a presumption of guilt or liability in respect of a maritime accident. (5) The provisions referred to in paragraph 1 of this Article shall not be considered as having been the case. Reports shall be reported by the Federal Office within one of these the appropriate time limit on the appropriate measures taken or planned to implement the safety recommendation. Unofficial table of contents

Section 30 Foreign investigation reports

(1) Foreign investigation reports and their drafts, parts thereof and documents obtained by the Federal Office on the basis of their participation in a safety investigation may not be subject to the express consent of the foreign authorities. The investigating authority shall not be published or made available to third parties, unless the foreign investigation authority has already published or released these documents. Article 27 (2) sentence 2 shall apply accordingly. (2) The Federal Office shall not be obliged to publish any foreign investigation reports. In the case of publication, the first sentence of § 28 (2) shall apply accordingly, provided that this is not already done by the foreign state. Unofficial table of contents

Section 31 Resumation of an investigation procedure

If substantial new facts are known within ten years of the completion of the investigation report, the Federal Office shall, on its own initiative or at the request of authorised representative, take office in accordance with Section 24 (1) or in the second sentence of Article 27 (3), also in connection with sentence 4, persons and entities referred to in the procedure. The application may not be submitted at the earliest after six months following the publication of the investigation report. The Oberverwaltungsgericht (Oberverwaltungsgericht), which is responsible for the seat of the Federal Office, can be brought up against the rejection of an application for a retrial within 30 days; its saying is indisputable.

Subsection 6
Examination chamber

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Section 32 Jurisdiction

(1) In the case of maritime accidents of particular importance and seriousness, the safety investigation of which has exceeded the usual level by type and extent and in which the evaluation and combination of the results of the various investigative actions are not carried out without After the hearing of the persons referred to in Article 27 (3), the Federal Office shall set up an investigatory chamber. (2) The investigatory chamber shall draw up the final examination. Investigation report. It shall also carry out the retrial in accordance with § 31 in the cases referred to in paragraph 1. (3) The investigatory chamber shall consist of five members. It is a quorum with four members. An investigator shall be presided over; in the case of a retrial, the Director of the Bundesstelle shall decide, or in the case of his prevention, his representative on the Chair. The other members and their representatives shall have special technical experience in the field of maritime technology, vessel operations or maritime traffic safety services and shall not be allowed to do so by the Federal Office or by any of the in Article 13 (2), or from the manufacturer of the ship or any of the manufacturers of its parts. (4) The investigatory chamber shall achieve its results as unanimously as possible; in the event of a tie, the Chairman's vote shall indicate: Rash. Deviating views are to be attached to the examination report as a separate presentation. (5) The investigatory chamber orders and distributes its tasks on its own responsibility to its members. However, it does not appear to the outside only as the examination chamber.

Subsection 7
General provisions

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§ 33 Collection, processing and use of data

(1) The Federal Office, the investigative officers in accordance with § § 22 and 32 as well as the participants in accordance with § 24 paragraph 1 may, within the scope of their powers in accordance with § § 22 and 26, personal data of all involved in the maritime accident or from a maritime accident persons concerned as well as witnesses and other persons who make statements, process and use statements in the context of the safety investigation of the maritime accident, insofar as this is necessary for the performance of the investigation order pursuant to Article 9 (2) is required. They shall also establish the ships involved with identifying ship and operator data, as well as the relevant data of the passengers and cargo on board. (2) Personal data referred to in paragraph 1 shall be
1.
Name and first name,
2.
Address and telecommunications information,
3.
the position on board the ship or in the undertaking operating the ship,
4.
the evidence that has been proven;
5.
Occupation and professional career,
6.
Seedienstsuitability,
7.
Information on the current state of health and pre-conditions, insofar as this can be seen as a reference to the sea accident.
In the case of passengers on board, only the data set out in the first sentence of 1 to 3 shall be collected. (3) The personal data collected and stored pursuant to paragraph 1 or further provisions of this Act, in particular confidential data Statements are to be protected by technical and organizational measures according to § 9 in connection with the annex of the Federal Data Protection Act against unauthorized use, and in particular against unauthorized inspection. (4) The following statements are made in accordance with paragraph 1. Data collected shall be automatically collected in accordance with § 3 (2) sentence 1 of the Federal Data Protection Act or non-automatic in accordance with Section 3 (2) sentence 2 of the Federal Data Protection Act (Bundesdatenschutzgesetz) in files. Unofficial table of contents

§ 34 Confidentiality

(1) Subject to § 35, the Federal Office may not release the following information and data for any purpose other than that of a safety investigation within the meaning of this Section:
1.
all witness statements and other statements, reports and records (records) recorded or written by the Federal Office or on its behalf during the course of the safety investigation,
2.
information that will reveal the identity of persons who have testiled as part of the safety investigation; or
3.
Information of particularly sensitive and private nature, including health-related information on persons affected by the maritime accident.
(2) The records shall be included in the investigation report or in its annexes only in summary and anonymized form and only if they are of concern for the analysis of the sea accident investigated. (3) The Federal Agency shall be granted their consent to the participation of an authorised representative in accordance with Section 24 (1), unless otherwise required, only if the empowered State has given assurances that it shall be responsible for the availability of the means of detection be granted reciprocity and in accordance with Section 10 of the IMO Code for the Safety investigation of maritime accidents and incidents at sea, a release of the documents and findings obtained only if this is permissible under the limitations of paragraphs 1 and 2. (4) Statements by a person within the framework of a Safety investigation under this section shall not be used to the detriment of the sounding out. Unofficial table of contents

Section 35 Transmission to public bodies

(1) The transmission of the information and data referred to in Article 34 (1) to public authorities shall be permitted to the extent that, in the public interest, the transmission of information for:
1.
maritime safety,
2.
the granting or withdrawal of permits and authorisations in connection with the operation of the ship;
3.
the conduct of criminal proceedings and the prosecution of administrative offences relating to maritime accidents. In addition, the information and data referred to in Article 34 (1) shall be transmitted to the competent police authorities for the purpose of informing nationals of the persons affected by the maritime accident, insofar as this is in order to safeguard legitimate interests. of these persons is required.
(2) In the case of a transmission permitted under paragraph 1, personal data shall be anonymized in the records, unless this would be incompatible with the purpose of the transmission. Parts of records which are indisputable within the meaning of Article 34 (2) and are not included in the investigation report shall not be transmitted, except in the case referred to in the first sentence of paragraph 1, point 3. Access to the file shall be granted where the transmission of data requires a disproportionate effort or if the public authority, which is the coveted file inspection authority, declares, for reasons, that the transmission of information and data to the public authorities is Fulfilling their task would not be enough. The first sentence shall apply to members of the persons concerned by the maritime accident where this is necessary for their information. § 96 sentence 1 of the Code of Criminal Procedure must be applied accordingly. (4) Under the conditions set out in the first and second sentences of paragraph 1, in conjunction with the first sentence of paragraph 2, and taking into account § 34, files and reports from the Federal Office may be submitted at the request of the Public authorities shall be sent to the public authorities where this is necessary for the purposes of law enforcement, for the purposes of the administration of justice and for administrative procedures directly related to the event and its consequences. § 96 sentence 1 of the Code of Criminal Procedure shall apply accordingly. In the event of a resumption in accordance with § 31, the administrative authorities and courts shall be obliged to return the files immediately upon request of the Federal Office. (5) The Federal Agency shall be entitled to data within the meaning of § 33 for the purposes specified in paragraph 1 sentence 1 submit to the bodies referred to in § 14, to the extent that this is necessary in each case for the performance of the tasks within the competence of the receiving authorities, the interests of a person concerned are not impaired and in the case of the entities referred to in § 14 14. an adequate level of data protection is ensured. The recipient must be informed that the transmitted data may only be processed and used for the purpose for which it has been transmitted to it. Unofficial table of contents

Section 36 Retention and deletion periods

(1) The time limit for the retention of files shall be 30 years in the event of an accident involving a fatal outcome. All other files are kept for 20 years. (2) Automated and non-automated data stored in files will be deleted in the event of an accident with a fatal outcome after 30 years, incidentally after 20 years. (3) The period after which the data are received shall be deleted. paragraphs 1 and 2 shall begin with the conclusion of the respective safety investigation. § 187 (1) of the Civil Code and § 2 (1) to (6), (8) and (9) of the Federal Archives Act shall apply. Unofficial table of contents

Section 37 Work to improve safety in maritime transport

(1) The Federal Agency shall contribute to the improvement of maritime safety with the aim of preventing maritime accidents by carrying out and evaluating statistics, by publishing information on maritime accidents, by data on maritime accidents in the maritime transport sector. the scope of Directive 2009 /18/EC, including the findings of the safety investigations, in compliance with the requirements of Annex II to Directive 2009 /18/EC to those drawn up by the European Commission in accordance with the European electronic database established by Directive 2009 /18/EC " European Information Forum for Accidents At Sea " as well as to the International Maritime Organization and participates in lecture events. (2) The Federal Office conducts an anonymised statistic on maritime accidents, which are published annually. (3) The statistics shall cover in particular:
1.
the vessels concerned, by flag State, type of vessel, manufacture of manufacture, type of damage to the ship, type of third party damage and environmental damage, in the transport of dangerous goods, the type of dangerous goods, where relevant,
2.
the number of persons on board the ship;
3.
the number of injured persons on board and the consequences of accidents, in particular fatal, serious, other injuries,
4.
The accident site, date, fall and circumstances of the accident, in particular the operating phase, the nature of the maritime accident, as well as the causes of the accident.
(4) The Federal Office shall evaluate German and foreign statistics relating to maritime accidents. (5) The Federal Office may, on request, send evaluations and statistics on reimbursement of expenses, insofar as this does not ensure the proper performance of their tasks. is affected. Public authorities and organisations recognised as charitable organisations that provide work on maritime safety receive these evaluations and statistics free of charge. Unofficial table of contents

§ 38 Participation in the search and rescue service

The Federal Agency shall act in the search and rescue service by procuring necessary information on request or by providing the necessary information to the persons and entities involved in the search and rescue service. is transmitted. Before the search for a missing vessel is set up, agreement shall be reached between the body responsible for the coordination of the search and rescue service and the Federal Office.

Section 4
Standard implementation in relation to individual persons responsible on board in the administrative procedure

Subsection 1
Principles, pre-examination

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Section 39 Sectional scope of Section 4, administrative procedures

This section shall apply to the identification and evaluation of the causes of maritime accidents in respect of holders of
1.
Rights granted under the federal task pursuant to Section 2 of the Maritime Task Act in the respective applicable version, and
2.
Driving licences for recreational craft or other vehicles which have been granted under the Maritime Task Act,
(authorisations), as well as holders of certificates or driving licences issued by a foreign authority or for inland waterway transport, as a procedure within the meaning of Section 9 of the Administrative Procedure Act. Unofficial table of contents

Section 40 International examination regulations within the meaning of Section 4

The application of the maritime-related international investigation arrangements in accordance with the letters D and E of the Annex shall be carried out, in so far as this law is concerned, within the framework of this Section. Unofficial table of contents

Section 41 Public inquiry

(1) There is sufficient real evidence that an entitlement to withdraw or to exercise the powers attached to it or to a certificate of competence or a driving licence shall be limited, the water and Northwest Navigation Directorate shall immediately carry out an examination of the investigation interest. (2) In particular, sufficient evidence within the meaning of paragraph 1 shall be adopted if, in accordance with the international rules set out in (D) or (E) of the Annex, the following information shall be considered: Investigation of the facts of the case must be reviewed. (3) the Authority shall have sufficient reason to believe that a measure in accordance with paragraph 1 is likely to be expected, it shall immediately apply to the competent Maritime Office, the case under this Section, with regard to the suspicion concerned (4) If an entitlement was exercised within the framework of the professional exercise for the Water and Shipping Administration of the Federal Government, the Water and Shipping Directorate Northwest reports on all of the persons known to it. Reference points within the meaning of paragraph 1 to the Federal Ministry of Transport, Construction and Urban development, from which it may be instructed to submit an application under paragraph 3. (5) competences and powers under other legislation for the withdrawal of allowances, restrictions on their exercise or assurance, or The seizure of the corresponding documents shall remain unaffected. Unofficial table of contents

Section 42 obligation to carry out or cessation of the investigation referred to in Section 4

(1) An investigation pursuant to this section shall be carried out to the extent that the North-West Water and Shipping Directorate has submitted an application in accordance with Article 41 (3). (2) The investigation under this section shall be adjusted if the person concerned is opposed to the has, in writing, irrevocably declared in writing that during the next 30 months, or in the event of suspicion by the authority pursuant to Section 41 (1), of a permanent absence of any of the provisions of Article 50 (1) sentence 1 Subjective characteristics in the long term-shall not make use of his entitlement, and if he/she is Authority has irrevocably handed over the corresponding authorization certificates for the respective duration to the safekeeping. The competent authority may impose conditions and shorten the time limits provided for in the first sentence if there are special reasons. Section 50 (5) shall apply accordingly.

Subsection 2
Bodies of the seeofficial investigation

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Section 43 Jurisdiction of the Maritime Offices

(1) The investigation under this section shall be the responsibility of the North and North-West water and shipping directorates. They form committees of inquiry (Seeämter) in Hamburg, Kiel and Rostock as well as Bremerhaven and Emden. (2) The Federal Ministry of Transport, Building and Urban Development is authorized to establish the local competence of the Maritime Offices by means of a legal regulation. (3) The Federal Ministry of Transport, Building and Urban Development shall adopt a point of order for the Maritime Offices; the coastal countries shall be consulted prior to their adoption. The Rules of Procedure shall be published in the Official Journal. Unofficial table of contents

Section 44 Occupation of the Maritime Offices

(1) The seagoing offices shall decide in the occupation with a chairperson, a permanent co-sitter and two honorary members. (2) Decisions shall be taken with a majority of votes. In the event of a tie, the Chairperson shall vote. No instructions may be given to the chairman and the co-sitters for the contents of the sprouch (§ 49). Decisions taken outside the oral proceedings (§ 48) shall be taken by the Chairman. (3) The Chairperson of the Maritime Offices must have the competence to the judge's office in accordance with the German Judge Act. The permanent members of the seagoing offices must, in the case of the rights of the vessel, have the ability to master the vessels in question, and have sufficient experience in the management of a maritime vessel. Unofficial table of contents

§ 45 honorary co-sitter

(1) The North and Northwest Water and Shipping Directorates shall provide a list of proposals for the honorary co-sitters of the Maritime Offices in their area. The lists will include persons designated by the participating federal and state authorities, professional and advocacy groups. (2) Each water and shipping directorate selects from the list of proposals the required number of (3) The Federal Ministry of Transport, Building and Urban Development is authorized to determine by means of a legal decree.
1.
the groups of persons from which the members are to be selected,
2.
the technical requirements to be met by the co-sitters and
3.
the information which must be provided by the siting list.
(4) The honorary co-sitters shall be drawn from the Chairperson of the Advisory Board to the meetings. In this connection, the competent and independent occupation shall be ensured, taking into account the onboard function of the person or parties involved and of the place and the nature of the facts on which it is based. The honorary advisers are entitled and obliged to inform themselves about the results of the investigations.

Subsection 3
Maritime proceedings

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Section 46 Taking of evidence

(1) No evidence shall be included outside the oral proceedings if the facts of the case are required or if the taking of evidence at the hearing is not likely to be possible or particularly difficult. In order to take evidence, the permanent co-sitter and, in the case of the case, the case of the case, shall be accompanied by additional members. Section 48 (7) and (8) shall apply. The Maritime Office is empowered to take out insurance on oath in the investigation of the facts. (2) The authorities and bodies whose business units are directly affected by the facts of the case shall be subject to an intention to: The investigation of a ship under a foreign flag shall be notified, including the execution of an order pursuant to Section 47 (1), second sentence, of the competent consular post. Unofficial table of contents

Section 47 Disclosure, disclosure and retention obligations

(1) The persons responsible for the safety of the ship in accordance with the Law of the Ship Safety Act shall be obliged, in accordance with the provisions of this responsibility, to the Maritime Office upon request of the nature, crew, To provide information on the place of berth and the travel plan of the vessels affected by the facts on which the basis is based. The documents and objects which are important for the investigation shall be issued at the request of the person who has been in custody or has the power to carry them out; this shall apply in particular to the nautical charts used, the diaries of the sea and the technical equipment used. Records and records. The documents requested in accordance with the second sentence must be kept by the persons liable to be published until the conclusion of the seeofficial investigation. (2) The publication of documents may be refused if the Federal Ministry of Defense is considered necessary for reasons of military security. Unofficial table of contents

§ 48 Oral proceedings

(1) An oral hearing shall be held in the examination procedure of the Seeamt, unless all the parties concerned are irrevocably contradicted by the chairman. (2) The parties are to be held for oral proceedings with a reasonable period of time in writing and are obliged to appear in person for this purpose. If a written charge for oral proceedings is not possible in time, it may also be effected by telephone, telegram, telex, telefax or messenger. The summons shall indicate that the person concerned may be assisted by the assistance of an adviser and may be ordered to carry out the forcible showing of the presence of the person responsible for the appearance of the presence of the assistance. (3) The date of negotiations shall be notified to the authorities and bodies whose tasks are directly affected. If the holder of a foreign certificate of competency is involved, the date of the negotiation is to be communicated to the competent consular post. (4) The Maritime Office shall promote the negotiation in such a way that it shall be completed as soon as possible in an appointment (5) The oral proceedings are open to the public, unless a person concerned is contrary to the chairman. The Maritime Office may also exclude the public for the negotiation or for a part of it if:
1.
to endanger public safety and order, or
2.
military matters are to be kept secret or important business or trade secrets are to be maintained.
The presence of official representatives of other States shall not be contrary to the exclusion of the public for reasons other than those of the secrecy of military matters or of the maintenance of important business or industrial secrets. (6) The Chairman opens and chairs the oral proceedings. In so far as this law does not contain any procedural rules, the Chairman shall determine the course of the trial in accordance with the discretion of the person. § § 66, 68 (2) and (3) and § 71 of the Administrative Procedure Act shall apply. Those who are not involved in the proceedings until the course of the oral proceedings may require that the oral proceedings be suspended, in particular if they wish to seek assistance or to inspect the file. The participant must be informed of this. (7) The participation of witnesses and experts is to be found in § 65 of the Administrative Procedure Law, with the proviso that the provisions relating to witnesses also apply to participants. Participants may refuse to comment on questions which they would expose to the risk of a measure pursuant to Section 50 (1), (2) or (4). The court of the place where the oral proceedings take place shall also be responsible for the eitherly questioning. Participants will not be heard by the person. (8) The oral proceedings must be completed with a record. The minutes shall contain information on:
1.
the place and the day of the trial,
2.
the names of the chairman, the secretary and the co-sitter of the Seeamt, the parties involved, witnesses and experts,
3.
the facts on which it is based,
4.
the main content of the statements made by the parties, the witnesses and experts, and
5.
the result of an eye-shatting.
The minutes shall be signed by the chairman and the secretary. Unofficial table of contents

§ 49 Spruch of the Maritime Office

(1) The investigation procedure shall be completed by means of the saying. The Maritime Office decides in appreciation of the overall result of the proceedings. (2) The saying contains the following:
1.
Findings on the underlying facts,
2.
the decision that there is a fault in the conduct of a participant, provided that the investigation has been carried out;
3.
in accordance with the conditions laid down in Article 50 (1) to (4), in each case
a)
the temporary or permanent prohibition of the exercise of powers (prohibition of driving) (§ 50 (1) and (4)), subject, if necessary, to conditions (§ 50 (2)),
b)
the withdrawal of entitlement (§ 50 (2)); or
c)
permission to issue an inferior certificate of competence (Article 50 (3));
4.
in the cases referred to in point 3 (a), a decision as to whether a notice of a driving ban of more than 12 months duration must be entered in a document of the right to be given; and
5.
in the cases referred to in point 3 (a) and (b), a decision as to whether the provisional guarantee and the official custody of the document or documents issued on the authority or a seizure for the purpose of an entry in accordance with point 4 .
The claim is based on the termination of the proceedings if it turns out that the conditions of § § 39 to 41 do not exist. The claim shall include a cost decision. (3) The claim may only include a decision pursuant to paragraph 2, first sentence, point 2 if, on the basis of that decision, it also includes a decision referred to in the first sentence of paragraph 2, point 3. The Maritime Office may establish a fault in the conduct of a person concerned if the person concerned is in accordance with the provisions of the legislation, administrative arrangements, directives or general principles applicable to his or her area of responsibility, , in particular general principles of ship management, ship-management technology, radio service, safety of navigation, environmental protection at sea, or generally accepted rules of technology. (4) The saying may be Decisions referred to in paragraph 2, first sentence, point 2 or 3, shall be included only if:
1.
the Maritime Office has submitted them for oral or written discussion, and
2.
the party concerned had sufficient opportunity to comment on the position of the Maritime Office or, in spite of proper summons to the oral proceedings, did not appear without sufficient excuse. If the party concerned is absent at an oral hearing, the decision shall not include the decisions referred to in the first sentence of paragraph 2, point 2 or paragraph 3, unless the party concerned has previously been informed of this possibility.
(5) The saying shall be written in writing and shall be signed by the chairman and the co-sitters. It shall be available in full within one month. The underlying facts are to be presented in the light of the above. The parties concerned and their rights or driving licences shall be described in detail. The result of the taking of evidence is worthy of recognition. It is necessary to indicate the circumstances which were decisive for the saying. (6) The saying is to be sent to the parties. Upon request, they shall receive a copy of the minutes of the oral proceedings. (7) The Maritime Office shall also inform the following bodies, within the meaning of points 3 to 5 of the second sentence of paragraph 2, of enforceable decisions:
1.
Entities that have granted the relevant allowances or issued certificates in the case of driving licences for recreational craft registered in Germany by the North-West Water and Shipping Directorate;
2.
in cases where the Maritime Office has not ordered the registration of a document or the provisional guarantee and the official safekeeping of a document which, under the Law on the Law of the Sea, has been authorised to carry out the operation of the European Maritime Transport Authority Authorities.
(8) Indisputable sayings of the Maritime Office may be complete-including the name of the ship, in so far as it is necessary for the performance of the public task pursuant to this Section-or in a shortened version in an official decision-making collection if the names of the natural persons are anonymized in the publication. Where the claim is based on a non-public procedure, the decision on publication shall take account of the circumstances on which the non-public of the proceedings is based. Unofficial table of contents

§ 50 withdrawal and limitation of the exercise of allowances

(1) The Maritime Office shall prohibit a driving ban for a maximum period of 30 months if it has been satisfied that such a measure is necessary for the safety of navigation within the meaning of § 1, because the holder of the authorisation During this period, the person responsible for an activity as a ship ' s guide or otherwise in the maritime sector shall not have the physical or mental aptitude or the sense of responsibility required for that activity. Such a defect shall be accepted as a general rule if, as a result of the enjoyment of alcoholic beverages or other intoxiating means, the holder was unable to carry on the service on board safely. In the event that the holder has more than one certificate of competency, it may be stated that the exercise of individual powers remains unrestricted. (2) The Maritime Office considers that a measure pursuant to paragraph 1 for special reasons relating to the safety of the sea (3) The granting of an entitlement whose powers are included in the withdrawn or limited exercise of the right to exercise, or to withdraw the entitlement to a period of time, shall be granted. may be authorised. (4) Under the conditions set out in the first and second sentences of paragraph 1 in relation to the holder of a certificate not issued by an authority of the Federal Republic of Germany, or a foreign driving licence for recreational craft or other vehicles, and a certificate of competency of (5) Where the exercise of an entitlement within the meaning of paragraph 1 or 4 is limited, the authority shall be entitled to exercise the power to exercise the right to exercise the right of access to the Claim-and after a legal challenge or filing of any other The right of appeal from the date of the expulsion of the appeal is no longer exercised until the expiry of the time limit referred to in the saying and for the fulfilment of the obligations referred to in paragraph 2, if any. If, in the cases of Section 49 (2) (4) and (5), the certificates issued on the authority are not in the possession of the Maritime Office, they shall be delivered by the holder without delay to the Maritime Office or to be submitted for registration in the event of a ban on the use of the ship. Article 111a (5) of the Code of Criminal Procedure shall apply in accordance with. (6) certificates of competency and driving licences for recreational craft issued by an authority of the German Democratic Republic shall be deemed to have been issued by an authority within the meaning of this provision. of the Federal Republic of Germany.

Subsection 4
Fees and expenses

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Section 51 Fees and charges

(1) Fees are levied for individually attributable public services pursuant to § 49 (2) sentence 1, point 3. (2) Fees are also levied for an unsuccessful objection. (3) Deposits are only collected by a participant if: the Maritime Office has ordered a measure pursuant to § 50 (1), (2) or (4). (4) The Federal Ministry of Transport, Building and Urban Development is authorized to determine, by means of a decree-law, the fee levels and the fee level, and in doing so to provide fixed rates or framework rates.

Subsection 5
Remedies

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Section 52 Opposition procedure

The Administrative Act of the Maritime Offices may be subject to opposition within one month of its notification. The revocation authority is the Water and Shipping Directorate North. The Seeamt cannot remedy the contradiction in accordance with § 72 of the Administrative Court order.

Section 5
Fines, closure and transitional provisions

Subsection 1
Fines

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Section 53 Penal rules

(1) Contrary to the law, those who intentionally or negligently act
1.
a legal regulation pursuant to § 22 (4) or a enforceable order is contrary to such a decree, in so far as the regulation refers to this fine law for a certain amount of the offence,
1a.
Contrary to the first sentence of Article 23 (3), the place of accident, an accident lane, a wreckage or debris of the ship or other contents of the ship or cargo shall be affected or altered,
2.
express public opinion on the state of the investigation or on individual results without the consent of the first sentence of Article 24 (6), first sentence,
3.
Contrary to Article 26 (3) sentence 1, it is not truthful,
4.
Contrary to Section 47 (1), information is not provided, not correct, not complete or not in time, a document or object is not issued or does not give out in time, or a document does not or does not exist for the prescribed duration kept,
5.
a fully-retractable driving ban in accordance with § 50 (4), or
6.
Contrary to § 50 (5) sentence 2, a document referred to therein shall not be delivered or not delivered in time or shall not be presented in due time.
(2) The administrative offence may be
1.
in the case referred to in paragraph 1, point 1, with a fine of up to twenty-five thousand euros; and
2.
in the other cases, with a fine
(3) Administrative authorities within the meaning of Section 36 (1) (1) of the Law on Administrative Offences are the North and Northwest Water and Shipping Directorates.

Subsection 2
Final provisions

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Section 54 Enforcement agreements between the federal government and the coastal states

This law shall not affect the laws of the countries adopted on the agreements on the exercise of the implementing tasks of the ship-to-ship-related law
1.
Bremen of 12 April 1955 (Official Journal of the Free Hanseatic City of Bremen, p. 59) and of 28 June 1983 (Bremer Law Gazet.405),
2.
Hamburg of 5 May 1956 (Hamburgisches Gesetz-und regublatt p. 83) and of 16 December 1982 (Hamburgisches Gesetz-und ordinarenblatt p. 387),
3.
Mecklenburg-Vorpommern of 12 November 1992 (Law and Regulation Bulletin for Mecklenburg-Vorpommern, p. 660),
4.
Lower Saxony of 23 December 1955 (Niedersächsisches Gesetz-und ordinsheet p. 293) and of 2 June 1982 (Niedersächsisches Gesetz-und prescription sheet p. 153),
5.
Schleswig-Holstein of 15 July 1955 (Law and Regulation Bulletin for Schleswig-Holstein, p. 137) and of 10 December 1984 (Law and Regulation Bulletin for Schleswig-Holstein p. 247).
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Section 55 Restriction of fundamental rights

The fundamental right to inviolability of the apartment (Article 13 of the Basic Law) is restricted in accordance with this law. Unofficial table of contents

Section 56 Regulation authorisations

The Federal Ministry of Transport, Building and Urban Development is authorized, in order to improve maritime safety by means of legal regulation without the consent of the Federal Council, to adapt the facility to the total population of international law as amend the international examination regulations which have been adopted in a binding manner on the basis of national law, or which have entered into force in force in the Community or in the European Union, or which have entered into force in force on Unofficial table of contents

Section 57 Transitional regime

Safety investigations of maritime accidents which have been initiated before 1 December 2011 shall be continued in accordance with the provisions of this law in force on 30 November 2011. Unofficial table of contents

Annex (to § § 2, 3, 10, 20 (4), § § 40 and 41 (2))

(Fundstelle: BGBl. I 2012, 408;
with regard to of the individual amendments. Footnote) International seagoing-related investigation systems

A.
Generally recognised international law on obligations for the conduct of investigations into maritime accidents and international cooperation
1.
Article 94 (7), including in conjunction with Article 58 (2), and Article 194 (1) and (3) (b) of the United Nations Convention on the Law of the Sea (BGBl). 1994 II p. 1798)
2.
Article 2 (g) of Convention No 147 of the International Labour Organisation (ILO) on minimum standards on merchant ships (BGBl. 1980 II p. 606)
3.
Chapter XI-1, Rule 6 of the 1974 International Convention for the Safety of Life at Sea (SOLAS), adopted by Resolution MSC 257 (84) of the International Maritime Organization (IMO) on 16 May 2008 (BGBl. 457 (458 et seq.), in conjunction with Part I and II of the Code on International Standards and recommended procedures for the safety investigation of a maritime accident or incident at sea (Accident Investigation Code) (MSC.255 (84)), adopted on 16 May 2008 (VkBl. 2010 p. 632)
4.
Chapter I, Part C, of the Appendix to the 1974 International Convention for the Safety of Life at Sea (SOLAS) (BGBl. 1979 II p. 141; Announcement of the recast in the official German translation: BGBl. 1998 II p. 2579)
5.
Article 23 of the International Convention on Load Lines 1966 (BGBl. 1969 II p. 249)
6.
Articles 6 and 12 of the International Convention for the Prevention of Pollution from Ships (MARPOL), 1973 (BGBl). 1982 II p. 2; Announcement of the recast in the official German translation: BGBl. 1996 II p. 399)
B.
Directives and regulations of the European Community on the investigation of marine casuals
1.
Article 5 in conjunction with Articles 1 to 3 of Council Directive 1999 /35/EC of 29 April 1999 on a system of mandatory verifications with regard to the safe operation of ro-ro passenger ships and high-speed passenger craft in the Regular services (OJ L 327, OJ L 138, 1.6.1999, p. 1)
2.
Directive 2009 /18/EC of the European Parliament and of the Council of 23 April 2009 laying down the principles for the safety investigation of accidents in the maritime transport sector and amending Council Directive 1999 /35/EC and Directive 2002 /59/EC of the European Parliament and of the Council (OJ OJ L 131, 28.5.2009, p. 114)
C.
International guidelines and standards, which must be based on certain rules and standards referred to in Section A and B
1.
Code for the investigation of accidents and incidents at sea of the International Maritime Organisation (IMO), Resolution A.849 (20) of 27 November 1997, as amended by Resolution A.884 (21) of 25 November 1999 (VkBl. 2000 p. 128, plant volume B 8124 p. 21)
2.
Resolution A.987 (24) of the International Maritime Organisation (IMO), adopted on 1 December 2005 (Guidelines on the fair treatment of seafarers in the event of a maritime accident (VkBl). (2010 p. 506))
-
Guidelines on the fair treatment of seafarers in the event of a maritime accident (IMO Circus No 2711 of 26 June 2006 (VkBl). (2010 p. 506))
D.
Generally accepted international rules of investigation
1.
Commitments to investigative measures
1.1
Article 94 (6), second sentence, also in conjunction with Article 58 (2)-SRU
1.2
Regulation I/5 (1) of the Annex to the International Convention of 1978 on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) (BGBl. 1982 II p. 297; 1988 II p. 1118)
2.
Barriers to the investigation Article 97 (3) SRU
E.
European Community policy provisions on the withdrawal of authorization
-
Article 9 (1) of Directive 2008 /106/EC of 19 November 2008 on the minimum level of training of seafarers (recast) (OJ L 327, 22.12.2008, p. (OJ L 323, 3.12.2008, p. 33)