New regulations for ship safety

On 30 November 2024, the "Ersten Verordnung zur Änderung schiffssicherheitsrechtlicher Vorschriften" (first ordinance on amending ship safety instruments) has entered into force. It contains extensive changes, mostly of the "Schiffssicherheitsverordnung" (ship safety ordinance) the Federal Ministry of Digital and Transport (BMDV). You can find the consolidated version of the "Schiffssicherheitsverordnung" on the website gesetze-im-internet.de. The BMDV has also changed the "Seesportbootverordnung (SeeSpbootV)" (recreational craft ordinance) regarding commercially used recreational craft. Its consolidated version is also available on the website gesetze-im-internet.de.

The most important changes and regulations are:

1. Safety requirements for commercially used small craft (e.g. water taxis) have increased.
2. Small craft that are not used commercially but for non-material purposes do not require a ship safety certificate.
3. Neither does the "Schiffssicherheitsverordnung" apply to recreational craft that are only used for sport and recreational purposes.
4. The previously required certificate of equivalence for small ships flying a foreign flag navigating in German coastal waters is no longer necessary.
5. Operation of small passenger ships navigating the Tidal Flats or as ferry to and from Helgoland is simplified.
6. Magnetic compass adjustments for ships are not limited to state-recognized compass adjusters anymore.
7. Authorities can use their own survey regime for their authority vessels.
8. There are longer transitional periods in place for ships of traditional build.

Regarding the individual regulations:

1. Increased safety requirements for commercially used small craft

The main focus of the current ordinance amendments is the increased safety requirements for commercially-used small craft. The intention of the Federal Ministry of Digital and Transport (BMDV) is to reduce the hazard potential of these small craft.

According to the "Schiffssicherheitsverordnung", publicly and relatively regularly offering an undefined group of persons the carriage of persons or cargo or providing services for a fee – regardless of the fiscal assessment – constitutes commercial usage. The intent of profit realization is not necessary. Relative regularity exists if the usage occurs only on very isolated occasions and in rare exceptional cases for a very low fee.

The recently amended "Schiffssicherheitsverordnung" defines small craft as cargo ships with a length of less than 24 m. This includes among others:

• Craft of less than 8 m for which manning requirements had been in place before but no mandatory safety standards acc. to the "Schiffssicherheitsverordnung",
• water taxis and other craft that commercially transport up to 12 passengers,
• other craft used commercially,
• recreational training craft from 8 m in length used for training in order to attain the recreational craft drivers licence,
• berth charter boats,
• craft provided with a crew hired to people for a fee for sport and recreational purposes.

According to the latest amendments of the "Schiffssicherheitsverordnung" and "Seesportbootverordnung", the following provision, among others, apply for commercially used small craft:

• They require a ship safety certificate by the BG Verkehr and will be subjected to surveys by BG Verkehr on a regular basis.
• Categorically, they have to be built in accordance with the provisions of a classification society or the EU Directive 2013/53/EU on recreational craft and personal watercraft and are subject to the regulations of "Schiffssicherheitsverordnung", Annex 1a, Part 6, Chapter 3.
• They may navigate a trading area that is dependent on a boat's type and design category (individual approval for berth charter, hiring a commercially used "recreational craft" with crew, and recreational training craft).

If small craft carry passengers commercially (like for example in the case of water taxis), additional requirements apply:

• Only not open craft of design category "B" are permissible.
• The craft have to be provided with a class A automatic identification system (AIS).
• Before the voyage begins, a safety instruction for all passengers is mandatory.
• Restrictions due to the weather apply.
• A maximum of 12 passengers may be carried.

It is commercial carriage of passengers if the carriage of persons for a fee is publicly and relatively regularly offered to an undefined group of persons. The intent of profit realization is not necessary.

For small craft already in service and commercially used recreational craft, both of which had previously already been issued a safety certificate by BG Verkehr, different transitional due dates apply:

• For craft with a length of less than 8 m that had already been in service up to 29.11.2024 and used for commercial passenger carriage, ship safety certificates for small craft acc. to the "Schiffssicherheitsverordnung" are required from 01.06.2025.
• For craft with a length of less than 8 m that had already been in service up to 29.11.2024 and used for another kind of commercial usage, ship safety certificates for small craft acc. to the "Schiffssicherheitsverordnung" are required from 01.06.2026.
• For craft that had already been issued a safety certificate for commercially used recreational craft prior to 30.11.2024 and will continue to be used for this kind of purpose only, certificates may only be renewed until the end of 2033.

The following craft may be issued a safety certificate acc. to the "Schiffssicherheitsverordnung" and the "Seesportbootverordnung":

• Craft used for hiring out sleeping berths or cabins for a fee for sport and recreational purposes (berth charter boat),
• Craft used for hiring out for sport and recreational purposes with skipper or crew for a fee,
• Recreational training craft (from 8 m in length)
  
  

2. The "Schiffssicherheitsverordnung" does not apply to craft used non-commercially and for non-material purposes

Small craft operated non-commercially and for non-material purposes are not subject to the regulations of the "Schiffssicherheitsverordnung". This includes among others craft belonging to associations/clubs with less than 24 m in length by SAR organizations carrying out privately organized search and rescue missions e.g. in the Mediterranean Sea and that are not categorized as merchant vessels due to a charter contract. Also excluded are small craft operated for other non-commercial and non-material purposes (e.g. environment protection, scientific marine observation).

3. The "Schiffssicherheitsverordnung" does not apply to recreational craft privately and intended for sport and recreational purposes

As before, the "Schiffssicherheitsverordnung" does not apply to recreational craft used privately and intended for sport and recreational purposes. Acc. to the "Schiffssicherheitsverordnung", the term "sport and recreational purposes" comprises the private operation of a craft for water sport activities, for locomotion, for regeneration or pleasure. This includes sport and recreational activities such as sailing, motor boating, angling or diving – if they are not done commercially.

The meaning of "non-material purposes" is not included in the term "sport and recreational purposes" (compare No. 2 above), yet it is not necessary to hold a safety certificate in case of non-commercial operation.

4. Certificates of equivalence no longer necessary

So far, commercially operated sea-going ships under foreign flag (incl. EU flags) operated on German maritime waterways as well as within German coastal waters (12 nm area), and without international certificates acc. to the SOLAS Convention, required a certificate of equivalence by the BG Verkehr. In practice, this was mostly the case for offshore transfer vessels.

This requirement for a certificate of equivalence is lifted as of now, with the changes of the "Schiffssicherheitsverordnung" being in force. In this way, the BMDV deregulates coastal shipping in line with the EU freedom of service and the expansion of offshore wind energy. While, the previous verification of equivalence was not only applicable to ships under EU flag, the legislator found a special monitoring system that only applies to non-EU-flagged ships as too complex.

5. Easier operation of small passenger ships for Tidal Flats navigation and for the Helgoland port ferry

The existing special regulations for ships navigating the Tidal Flats remain applicable but trade restriction for new ships are added. During a violent storm of 12 bf. ships built after 30 November 2024 may not commence a voyage; this is common practice nowadays.

For the port ferry traveling between Helgoland's mainland and the dune a dedicated safety standard has been developed. Moreover, the sea area between Helgoland's mainland and the dune is categorized as port area and the navigational chart changed accordingly.

6. Restrictions for magnetic compass adjusters abolished

So far, the adjustment of magnetic compasses on German-flagged ships was limited to people who had been approved by either BSH or an IMO member state. This requirement has now been canceled with the amendment of the "Schiffssicherheitsverordnung". This brings the German regulation on a par with international procedures. Another aspect had been that BSH- or IMO-approved adjusters where rarely available abroad.

7. Own survey regime for authority vessels possible

Due to an exceptional rule in the "Schiffssicherheitsverordnung", authorities now have the choice either to apply for safety certificates by the BG Verkehr (as was common practice before) or to monitor the safety of their ships with a survey regime internal to the authority.

8. Extension of transitional due dates for ships of traditional build

With the latest ordinance amendments, the BMDV has extended transitional due dates for the new safety requirements for ships of traditional build introduced in 2018. Operators of ships of traditional build who apply for a renewal up until the end of 2024, receive an extra three years to fulfil the requirements for equipment, operational safety systems and the structural provisions that entered into force in 2018. With this step, the BMDV takes into consideration that ships of traditional build had not been able to be put into service as often during and after the COVID-19 pandemic as well as that the implementation of the new safety standards in the shipyards or with expert input had been impeded.

The detailed changes can been found in the text of the "Ersten Verordnung zur Änderung schiffssicherheitsrechtlicher Vorschriften". On the website gesetze-im-internet.de the "Schiffssicherheitsverordnung" and the "See-Sportbootverordnung" are consolidated with the recent changes that have entered into force.