Control · Administrative Offences · Inspections

• Control
• Duly Authorized Officer
• Administrative offences
• Inspections

Control

Compliance with national and international maritime security legislation is monitored by inspections in port States. These inspections are carried out by Duly Authorized Officers (DAO). In Germany, water police officers can be authorized for this function. As a rule, the Water Police of the federal states therefore carries out these inspections on seagoing vessels flying a foreign flag (within the Federal Republic of Germany) for the BSH (basis: Regulation 9 Chapter XI-2 SOLAS and § 5 Para. 1 No. 4b Seeaufgabengesetz). In individual cases, these inspections are also carried out directly by BSH employees.

Proof of the Duly Authorized Officer (DAO)

Water police officers who are authorized as Duly Authorized Officers (DAO) prove this function with their valid police service card.
In case of doubts about the authorization as DAO regarding ship inspections, WSP employees shall inform the crew members that the following authorities can confirm the authorization:

• Gemeinsame Leitstelle der Wasserschutzpolizeien der Küstenländer
  at Gemeinsames Lagezentrum See of Maritimes Sicherheitszentrum Cuxhaven
  Phone: +49 30 18 54 20-16 07 or +49 30 18 54 20-16 08
• Maritime Hotline 24/7
  (Uniform service number of the German Flag State Administration)
  Phone: +49 40 31 90-77 77.

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Administrative offences

The "See-Eigensicherungsverordnung" (German Federal Ordinance on shipboard security measures) stipulates various duties (of conduct) for the defense against external dangers at sea. These duties include, for example, that the Ship Security Certificates and security documents must be available on board and shipboard security measures must be implemented on board in accordance with the approved Ship Security Plan.

Anyone who does not comply with these duties of conduct commits an administrative offence which results in a warning fine or administrative fine. The Federal Maritime and Hydrographic Agency (BSH) as the competent authority prosecutes and punishes these violations according to the table of administrative fines (BVKatBin-See).

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Inspections

At the flag state level, the entire security system on seagoing vessels flying the German flag is inspected. Officials of the BSH carry out these inspections on ships flying the German flag (basis: Section A/4.4. ISPS Code and § 8 SeeAufG).

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Legal base

• "See-Eigensicherungsverordnung" (German Ordinance on Shipboard Security Measures)
• "Seeaufgabengesetz" (German Federal Maritime Responsibilities Act)
• Regulation (EC) no 324/2008
• Regulation (EC) no 725/2004
• SOLAS Convention 1974, Chapter XI-2
• ISPS Code

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