Germany - Specific requirements by the Germany Administration

Flag instructions relating to statutory surveys

Flag procedural requirements

General policy

Agreement

An Agreement has been signed between Berufsgenossenschaft Verkehrswirtschaft Post Logistik Telekommunikation (BG Verkehr), Bundesamt für Seeschifffahrt und Hydrographie (BSH) and Recognised Organisation (RO) SA, it entered into force on 19th December 2022.

The Agreement and its Annexes are displayed in Agreement for the delegation of duties to recognised organisations and Annexes to the Agreement.

To ease the process of communication with the Administration, Recognised Organisation (RO) Hamburg is the contact point between Recognised Organisation (RO) and the German Flag Administration (BG-Verkehr), as follow:

• ger_cha@bureauveritas.com for ships-in-service;

• ger_gpo@bureauveritas.com for new constructions.

Request for classification

The Society is requested to transmit to the Administration some data required for the issuance of certificates as follows:

To comply with the German Law, the society shall request from the shipowner a written declaration stating that the shipowner has agreed to the processing of the above data. It should be ascertained that such a document is attached to the Ad 540 (Request for classification).

Surveys

A table showing the surveys which can be carried out by Recognised Organisation (RO) surveyors, on behalf of the Administration, is attached in Annexes to the Agreement (see Annexes to the Agreement).

National requirement

The main German national requirements are listed in the checklist (see the attached file “NAT_REQU_DEU_rev2022-09-13”) and apply to both new building and ships in service. They have been included in the ASMS checklist for ship in service surveys.

All nautical equipments, compasses, navigational lights and sound signal appliances have to be approved by BSH.

Ships in service (including drawing review)

The following documents are reviewed and stamped by Recognised Organisation (RO) for compliance with the applicable requirements of the German Flag Administration (BG-Verkehr) (stamp “04 or 04b” is to be used as per TNC_0002_e):

1. Cargo securing manual

2. SOPEP / SMPEP

3. P & A Manual

4. COW Manual

5. Damage control plan

6. Stability documentation (intact stability, damage control plan, damaged stability manual) - to be stamped with 06

7. Drawing for flush deck hatches

8. BWM plans

9. Fire and safety plan

After review, LPO/GPO will forward the RO-stamped documents to the client together with the corresponding cover / approval / comment letter (remarks included). The German Flag Administration shall be in copy of the aforementioned correspondence at: nautik@bg-verkehr.de

The final approval is carried out by the German Flag Administration who in turn will issue an approval letter. This doesn't apply to Fire and Safety plans reviewed and stamped by Recognised Organisation (RO). The Administration will need to be provided with the reviewed and stamped F&S plan, but no additional approval letter will be issued by BG-Verkehr.

SURVEYS

Recognised Organisation (RO) Surveyor performs the annual, interim and renewal surveys.

The German Flag Administration’s specific statutory requirements referred to in National requirement shall be checked. They are included in the ASMS survey check list.

In addition to the ASMS checklist, surveyor shall also fill in the following forms (available in Additional check list for German Flagged ships)

• For intermediate and renewal surveys of convention ships, the form “F-Berichte” (F-Reports) for ship hull and machinery needs to be filled and submitted.

• For “initial surveys” (Change of flag and New Construction), “FA-Berichte” (FA-Reports) for ship hull and machinery needs to be filled and submitted.

• For specific ship types such as small vessels, or fishing vessels, additional forms apply. Contact MCC Hamburg for support.

Such forms are attached to the ASMS survey report and must be sent to the German Flag Administration.

After the survey, the digital certificate(s) issued by the Flag State Administration will be digitally endorsed by the SSQM Recognised Organisation (RO) Hamburg for ships surveyed in German port.The forms and the validated survey reports for ships attended in a German port shall be sent by the SSQM Recognised Organisation (RO) Hamburg without delay to the German Flag Administration at: certificates@bg-verkehr.de

After the initial / periodical / renewal radio survey conducted in a German port, the surveyor shall collect the EPIRB, SART, GMDSS and AIS report issued by the service company, the Record of Approved Ship Safety Equipment, the Record of Approved GMDSS Radio Installation and the SSQM distributes these reports including radio survey report, radio certificate (endorsed or the interim certificate issued) to: classdoc@bsh.de

A surveyor attending a German flagged ship overseas/outside Germany, shall inform MCC (ger_cha@bureauveritas.com) in writing about the successful survey and submit a copy of the interim survey statement. The relevant certificate(s) issued by the German Flag Administration will then be digitally endorsed by MCC. Recognised Organisation (RO) is not authorized for the issuance of statutory definitive certificates; the validated survey report shall be submitted without delay to MCC (ger_cha@bureauveritas.com).

After an initial / periodical / renewal radio survey the attending surveyor shall collect the following reports from the service supplier and submit them to ger_cha@bureauveritas.com together with the radio survey report: EPIRB, SART, GMDSS and AIS report.MCC will submit the Recognised Organisation (RO) survey report to BG-Verkehr and in addition provide the Administration BSH (classdoc@bsh.de) with the Recognised Organisation (RO) report, the Record of Approved Ship Safety Equipment, the Record of Approved GMDSSS Radio Installation, the reports collected from the service suppliers and the endorsed or issued radio certificate.

Change of Flag to Germany

Recognised Organisation (RO) is normally authorized by the German Flag Administration (BG-Verkehr) to perform the Change of Flag Survey. When Recognised Organisation (RO) is informed of a change of Flag to Germany, the survey center receiving the request shall apply to Recognised Organisation (RO) Hamburg (ger_cha) for further instruction.

The shipowner is to send their application to the German Flag Administration (BG-Verkehr) together with the plans and documents listed in the relevant application form.

Recognised Organisation (RO) surveyor performs the survey for change of Flag as per Statutory surveys - General section 4.4.1 if commissioned to do so. Upon satisfactory completion, the surveyor issues the interim statutory certificates with a maximum validity of five (5) months.

All relevant statutory surveys shall be carried out if the change of flag takes place within the time windows of the respective statutory certificates.

If the change of flag takes place outside the time windows for the surveys of the respective statutory certificates, Recognised Organisation (RO) shall carry out the following additional surveys unless otherwise instructed by the Administration:

• Safety Construction: Annual

• Safety Radio: Renewal/Periodical

• Safety Equipment: Annual

• Passenger Ship Safety: Renewal

• Load Line: Annual

• MARPOL Annex I: Annual

• MARPOL Annex IV: Renewal

• MARPOL Annex VI: Annual

• Fitness Cert. Gas/Chemicals: Annual

• International Ballast Water Management: Annual

• Antifouling: Renewal

• Inventory of Hazardous Materials: Renewal

• HSC: Renewal

• MODU: Annual

In addition to the ASMS check list, the Recognised Organisation (RO) surveyor shall be ensured that:

• the new details such as port of registry, name of ship, call sign are indicated on relevant statutory documents (e.g. SOPEP, Stability booklet, CSM, BWMP, IHM), lifeboats, liferafts, lifebuoys, ship's stern etc..

• the actual German additional statutory requirements are observed (see National requirement).

• the following forms have been completed (available in Additional check list for German Flagged ships) Form F Schiff, Fa Schiff, F Maschine, Fa Maschine.

• for change of flag from a non-EU flag, verification of the MED compliance is to be carried out:

  • the shipowner shall submit to the Recognised Organisation (RO) surveyor a list of non-wheel marked equipment installed/provided on board the ship;

  • the Recognised Organisation (RO) surveyor shall verify the list versus the actual condition on board and shall note any non-wheel marked equipment and the applied international performance standard in the actual Non-MED Equipment Form published by the Administration;

  • the Administration verifies whether the equipment can be accepted as equivalent or not and issues an acceptance certificate if equivalence can be proven;

  • non-wheel-marked equipment, which is not found to be equivalent, must be replaced.

A copy of the statutory initial records, survey report and issued interim statutory certificates shall be sent to the German Flag Administration (BG-Verkehr) through MCC (ger_cha).

New buildings (including drawing review)

(See BG II NB 503103LE dated 27/02/2008 and Flag State Interpretations of shipbuilding regulations in §National interpretations).

Relationships with German Administration shall be handled by GPO / Recognised Organisation (RO) Hamburg.

Relevant correspondence and documents should be forwarded to GPO for facilitating liaison with German Administration.

All RFC are to be submitted to Recognised Organisation (RO) Germany for preliminary review prior to being presented to the client for signature.

1. All drawings and plans shall be submitted to Recognised Organisation (RO) for approval.

2. Before the delivery of the ship, the LPO in charge forwards a copy of their cover / approval letter (remarks included) to the German Flag Administration (BG-Verkehr) through Recognised Organisation (RO) Hamburg (ger_gpo), for the following:

   1. General arrangement (see also next paragraph c))

   2. Fire and safety plan (see also next paragraph c))

   3. Accommodation arrangement

   4. Mooring equipment

   5. Sanitary arrangement

   6. Ventilation

   7. Bridge Visibility (SOLAS V/22)

   8. Structural fire protection plan

   9. Freeboard plan

   10. Machinery arrangement (including escape route)

   11. Fishing equipment (as applicable)

   12. MED Equipment list (see also next paragraph)

3. Before the delivery of the ship, the LPO in charge forwards a copy of the following approved drawings/documents to the German Flag Administration (BG-Verkehr) through Recognised Organisation (RO) Hamburg for the following:

   1. General arrangement plan

   2. Fire and safety plan

   3. MED Equipment List

4. Once the interim statutory certificate have been issued, the Construction Survey Centre send a copy of the statutory initial records to the German Flag Administration (BG-Verkehr) through Recognised Organisation (RO) Hamburg.

   No interim statutory certificates shall be issued in case of non-compliance with crew accommodation requirements and noise / vibration measurement requirements.

5. The following documents are reviewed and stamped by Recognised Organisation (RO) for compliance with the applicable requirements of German Flag Administration (BG-Verkehr) (stamp “04 or 04b” is to be used as per TNC_0002_e):

   1. Cargo securing manual

   2. SOPEP / SMPEP

   3. P & A Manual

   4. COW Manual

   5. Damage control plan

   6. Stability documentation (intact stability, damage control plan, damaged stability manual) - to be stamped with 06

   7. Drawing for flush deck hatches

   8. BWM plan

   9. drawing of closing appliances

   After review, the RO-stamped documents will be forwarded to the German Flag Administration through Recognised Organisation (RO) Hamburg together with the corresponding cover / approval / comment letter (remarks included).

   The final approval is carried out by the German Flag Administration (BG-Verkehr) who in turn will issue an approval letter.

6. Sister vessels

   In case of sister vessels, the following documents must be forwarded to the German Flag Administration (BG-Verkehr):

   1. Inclining experiment

   2. All changes from the previous ship

   The stability documents and freeboard can be taken over, if they are identically.

7. The following form is filled in by the NC surveyor in charge (available in Additional check list for German Flagged ships)

   “FA-Berichte” (FA-Reports) for the “initial surveys”

8. The following forms are to be filled-in by shipowner or yard.

   • Recognised Organisation (RO) NC Centre:

     • Forward them to shipowner and yard at early stage and remind them that they must fill-in and sent back to Recognised Organisation (RO) in due time before delivery

     • Collect and forward them to German Flag Administration (BG-Verkehr) through Recognised Organisation (RO) Hamburg for German Flag Administration (BG-Verkehr) review and approval.

     • Any difficulty encountered by Recognised Organisation (RO) to recover these forms shall be immediately reported to the German Flag Administration (BG-Verkehr).

• In addition to the above, other forms shall be filled in by the shipowner.

  These forms are available at the following link and are listed here after for easy reference.

  https://www.deutsche-flagge.de/en/applications-and-documents/documents

  Surveyors are requested to draw owner's attention on them in due course.

Any German Flag Administration (BG-Verkehr) forms which may be sent to Recognised Organisation (RO) by the ship-owner shall be forwarded to BG-Verkehr through Recognised Organisation (RO) Hamburg (ger_gpo).

On completion of satisfactory surveys, Recognised Organisation (RO) issues the Interim Ship Safety Certificates (max. validity 5 months).

The check list in the attached file “20100127 Documents SeeBG” has been drafted to assist LPOs and GPO for documentation flow during the newbuilding process.

Certificates - Issuance and endorsements

Refer also to Instructions to ROs in Instructions to ROs.

The Administration authorizes issuance of Electronic Certificates in accordance with IMO Guidelines FAL.5/Circ.39/Rev.2.

All definitive statutory certificates are issued by the Administration after satisfactory examination of reports / forms issued by Recognised Organisation (RO).

The society is not authorised to issue any definitive statutory document / certificate.

Recognised Organisation (RO) may:

• endorse certificates issued by the Administration after the satisfactory completion of the required survey or verification in accordance with the relevant applicable instruments,

• issue interim certificates for a period of no more than five (5) months upon satisfactory completion of a survey or verification in order to permit the ship to operate while the full term certificate is prepared and issued,

• issue short term certificates when deficiencies/defects exist in cases as described in paragraph 4.8.4 of the HSSC Survey Guidelines which cannot be corrected in the port of survey after prior agreement by the Administration.

  The validity depends on the time needed to rectify the deficiency and to ensure full compliance with the applicable requirements, but shall in no case exceed a period of two (2) months, except in cases where the Administration approved a longer period.

  Copies of the short term certificates issued together with the relevant statement/report shall be submitted to the Administration.

Endorsements and interim certificates issued shall be immediately submitted to the Administration for subsequent approval. The approval shall be deemed granted if the Administration does not reject it within 48 hours after receiving the request for approval.

Special case authorisation shall be asked to the German Flag Administration (BG-Verkehr) through MCC Hamburg, in emergency cases under following phone no. +49 36137-100 (after office hours).

Class-Circular No: 01/2011:

Surveyors are authorized to adjust additional entries to all certificates issued by a German administration only in case of changing the ships name or obvious falseness. This is also valid in case of alteration of the ship's name on the "Minimum Safe Manning Certificate", the national "Certificate of Seaworthiness" and the "Tonnage Certificate" issued by BSH.

Refer also to the Class-Circular No.: 01/2016 in the attached file “Class-CircularNo.01-2016”.

Surveyors are asked to issue interim certificates in case of necessary urgent changes and to advise MCC Hamburg for reporting to the Administration.

If presented with a dispensation to a particular certificate, an interim is not to be issued. At the ROs' suggestion, in the future, dispensations will include that the issuance of an interim is not necessary.

If a statutory certificate becomes invalid due to surveys not completed within the prescribed periods, the Recognised Organisation (RO) surveyor may conduct the appropriate survey to restore the certificate. Upon satisfactory completion of the survey, the respective certificate may be revalidated in accordance with paragraph 5.6 of the IMO HSSC Survey Guidelines, as amended, as long as the time window for the survey has been exceeded for no more than four (4) weeks. The certificate shall be endorsed with the following text: "Revalidation agreed to by German Administration according to HSSC, as amended".

If the time window for the survey has been exceeded for more than four (4) weeks: the Recognised Organisation (RO) surveyor shall contact the Administration to clarify the further procedure and the required scope of the outstanding survey.

E-certificates

(Minutes of meeting with ROs on 06/12/2016)

Since 1 January 2015 the Administration issue E-certificates.

These certificates can be verified worldwide on the website www.deutsche-flagge.de. The certificates are valid without a signature or a seal, and the unique ID-number is printed on the left lower edge of each page. The verification of the certificate can be accomplished with this ID.

Endorsement of E-certificates issued by the Administration

Dealing of e-certificates issued by German Flag State, issued by BG Verkehr Germany only.

Applicable for three cases of endorsements. Item no. 1 and no. 2 remain depending on specific flag state agreement for each case.

Endorsements for:

- no. 1 periodical surveys- no. 2 revalidation permit acc. valid IMO resolution, presently A.1186(33), item 5.6 and - no. 3. endorsements based on SOLAS I Reg. 14 (e) &14 (f)

Attending surveyors are requested to send either the interim survey statement or a confirmatory mail to initiate the endorsement and to avoid undue delays for certificates and vessel status to MCC Hamburg at GER_CHA@bureauveritas.com.

Procedures following detentions

(memo 03/2010 - BG Verkehr Class Circular 01/2010 and refer to Instructions to ROs)

Recognised Organisation (RO) has to inform the Ship Safety Division of BG Verkehr (ism@bg-verkehr.de and psc-germany@bg-verkehr.de) immediately in the following cases:

1. when becoming aware that PSC has detained a German flagged ship,

2. if Recognised Organisation (RO) has been requested to attend the ship following a PSC inspection,

3. if the PSC inspection report indicates that actions have to be taken by the flag state authority (except ISPS matters),

4. if the required actions are not covered by the agreement between BG Verkehr and Recognised Organisation (RO) (e.g. special permits or exemptions).

Surveys / audits

1. If Recognised Organisation (RO) surveyor has been requested to attend on board, the surveyor shall carry out an inspection with the extent to verify that the reported deficiencies are rectified as requested by PSC.

   The attending surveyor should assist the master in order to ensure the rectification of deficiencies or other discrepancies.

2. If the ship has been detained due to certificates became invalid, e.g. the surveys have not been completed within the prescribed periods, the surveyor shall conduct the required surveys. For the subsequent revalidation, refer to Certificates - Issuance and endorsements.

3. The survey statement shall clearly indicate the status of the rectification of the deficiencies and the details of action taken for rectification.

   Any items, which are not fully rectified, have to be adequately addressed by the surveyor e.g. any re-survey or other follow-up action to be taken by the ship.

4. If necessary and the PSC agrees a re-survey shall be carried out at the next convenient port.

Documentation

The following information has to be submitted by e-mail to the Dienststelle Schiffssicherheit (ism@bg-verkehr.de):

1. PSC inspection report

2. Survey statement

3. Audit report (if applicable)

National interpretations

The interpretation of the applicable instruments is the competence of the Administration.

Recognised Organisation (RO) may apply interpretations within the framework of the agreement according to the following hierarchy of rules and guidance:

1. German law;

2. Administrative Circulars (i.e. orders, regulations, interpretations, etc. issued by the Administration);

3. Regulations, interpretations and other communications and other relevant instruments issued by the EU;

4. Resolutions, circulars and other relevant instruments issued by the IMO;

and consult with the Administration where necessary.

Unified Interpretations issued by IACS may be applied, unless they conflict with the written interpretations adopted by the Administration.

To ensure a consistent standard in the interpretation of the sets of rules for sea-going ships flying the German flag, the Administration publishes uniform interpretations of international as well as national regulations on shipbuilding matters.

They are available through the following link:

https://www.deutsche-flagge.de/de/antraege-und-dokumente/maritime-interpretation

and Flag State interpretations are available under:

https://www.deutsche-flagge.de/en/construction-and-equipment/newbuilding

Processing of documents relevant to ship building (evaluation of inclining tests, stability calculations, report of initial load line survey (Record of conditions of assignment of load lines) and freeboard plan (plan of closing devices), etc.)

(Minutes of meeting on the 02/12/2019)

1. Process for freeboard plan incl. report of initial load line survey

   1. Survey – RO surveyor creates report

   2. Assessment – RO verifies the report based on relevant provisions, assesses the report and gives a written statement about the fulfilment of the requirements clearly marking (in red) existing discrepancies and that the rectification of relevant deficiencies has been requested and is monitored.

   3. Approval – the Administration checks and approves, if appropriate, the statement and issues, after the required rectification of deficiencies, if applicable, the Load Line Certificate.

2. Requirements for class approved documents

   1. The documents must be checked in its entirety. A comment with a note on "areas remaining unchecked" cannot be accepted.

   2. It has to be evident which provisions were consulted. The following priorities apply:

   A. International provisions

   B. National provisions (if no international ones apply or if national ones exceed them)

   C. rules of the classification societies (only if A. and B. are not applicable)

   3. A cover letter with discrepancies marked red, if applicable, is attached to the documents.

   4. The document is stamped appropriately

Exemptions

Exemptions and deviations from and equivalents to the requirements of the applicable instruments are the prerogative of the Administration and must be approved by the Administration.

Recognised Organisation (RO) shall obtain approval from the Administration including the accompanying scope of surveys. Any subsequent survey related to exemptions will be carried out by Recognised Organisation (RO), unless the Administration instructs otherwise.

The following procedure applies:

1. The request for exemption shall be forwarded by the owner to Recognised Organisation (RO).

2. Recognised Organisation (RO) shall process the request and make any necessary plan approvals, etc.

3. A well-founded proposal including recommendation, all relevant documentation, calculations and suggested conditions, etc. is to be forwarded to Administration for decision and approval.

4. The Administration may add conditions or comments to the recommendations made by Recognised Organisation (RO).

For MARPOL UNSP Barges exemptions, see section UNSP Barges.

Ships found unfit to proceed to sea without danger to the ship or persons on board or found to present an unreasonable threat of harm to the marine environment

If a survey/inspection shows that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificate and/or is such that the ship is not fit to proceed to sea without danger to the ship or persons on board or without presenting unreasonable threat of harm to the environment, Recognised Organisation (RO) shall ensure that appropriate corrective action is taken immediately by the shipowner.

The attending Recognised Organisation (RO) surveyor shall immediately inform (without undue delay) the Administration (Ship Safety Division) by phone and by e-mail (refer to Instructions to ROs for contact details) about the situation and deficiencies found on board. As soon as the information is available, the Recognised Organisation (RO) surveyor shall also inform about the corrective actions taken or proposed by the shipowner including the Recognised Organisation (RO)'s assessment of them. The assessment shall indicate whether the corrective actions are acceptable or not.

In cases of insufficient corrective action or where the proposed corrective action is insufficient to rectify the deficiency or defect found, the attending Recognised Organisation (RO) surveyor shall closely coordinate all further measures and actions with the Administration.

If the ship is in the port of another Party, the appropriate authorities of the port State shall also be notified immediately by the ship's master or owner, and Recognised Organisation (RO) shall confirm the notification.

The deficiencies shall be rectified before the ship's departure. The following principles shall be applied by the Recognised Organisation (RO) surveyor if a deficiency cannot be rectified in the port of survey:

• The deficiency shall be rectified to such a degree that the condition of the ship or its equipment allows the ship to proceed to sea without danger to the ship or persons on board and without presenting unreasonable threat of harm to the environment.

• It shall be clarified with the Administration as to whether a short-term certificate or an exemption/dispensation is required.

• The expiry date of the short-term certificate shall be appropriate to allow the ship to proceed directly to a port where the deficiency can be rectified (refer to Certificates - Issuance and endorsements).

• The relevant full-term certificate will be withdrawn/restored by the Administration only.

The Recognised Organisation (RO) surveyor shall submit the survey report and any issued short-term certificate to the Administration (refer to Instructions to ROs for contact details) immediately after completion of the survey. The report shall include a detailed description of the deficiencies found and the respective corrective actions accepted by the surveyor.

Issuance of Condition of Class and Statutory Recommendation

Recognised Organisation (RO) shall issue a statutory recommendation for non-detainable deficiencies affecting the statutory certification of the ship which cannot be rectified at the time of survey and prior to the commencement of the voyage of the ship provided that:

• the condition of the ship and its equipment corresponds substantially with the particulars of the certificate; and

• the ship is fit to proceed to sea without danger to the ship, or persons on board, and without presenting unreasonable threat of harm to the environment.

The statutory recommendation shall be provided with an appropriate due date for the time needed to rectify the deficiency and shall be reflected in the survey report. The report shall be submitted by Recognised Organisation (RO) to the Administration immediately after completion of the survey.

The issuance of a statutory recommendation is not necessary if the deficiency is covered by a valid exemption/dispensation letter issued by the Administration.

The issuance of short-term certificate is not required for the above non-detainable deficiencies unless otherwise instructed by the Administration.

Alternative design and arrangements

Recognised Organisation (RO) shall submit a motivated proposal for the approval process in accordance with MSC Circ. 1455, or MSC Circ. 1002 respectively as amended, or other relevant IMO guidelines.

The following procedure applies:

1. The request for alternative design shall be forwarded by the owner to Recognised Organisation (RO).

2. Recognised Organisation (RO) shall process the request and make any necessary plan approvals, etc.

3. A well-founded proposal including recommendation, all relevant documentation, calculations and suggested conditions, etc. is to be forwarded to the Administration for decision and approval.

4. The Administration may add conditions or comments to the recommendations made by Recognised Organisation (RO).

Remote surveys

The provisions for remote surveys laid down in paragraph 5.14 of the HSSC Survey Guidelines, as amended, shall be observed in addition to the following instructions when using remote techniques in the course of surveys under the HSSC Survey Guidelines.

In extraordinary circumstances, full scope surveys may be carried out remotely provided that a case-by-case assessment has been completed by Recognised Organisation (RO) and provided that the Administration has accepted the remote survey. The case-by-case assessment shall, as a minimum, address the provisions contained in paragraph 5.14.3 of the HSSC Survey Guidelines or in instructions issued by the Administration.

Under normal circumstances, the following survey activities may be carried out remotely provided that the same level of safety and assurance as that of on-site surveys with the physical attendance of a surveyor is ensured:

• Change of load line in case of dual/multiple Load Line certificates

• In-water bottom survey provided that the quality of the data stream and communication is acceptable to the surveyor.

• Damage survey, depending on the type of the damage (*)

• Verification/closing of statutory findings/deficiencies and conditions (CA) which do not pose an immediate threat to safety or the environment (*)

• Postponement of conditions (CA) (*)

• Checks of documents in the course of IHM/HKG surveys (*)

• Checks of documents in the course of periodical surveys

• Radio Survey provided that a physical and documented examination of the radio installation, including those used in life-saving appliances, has been carried out on board by a qualified radio surveyor/service provider. (*)

Activities marked with (*) shall only be carried out on a case-by case basis provided that the Administration has granted acceptance. The survey report shall clearly indicate that the survey activity has been carried out remotely.

Instructions to ROs

The attached file “Revision_20260119_Instructions to ROs_final” contains instructions clarifying the provisions of the RO Agreement with regard to the survey, inspection and certification of ships flying the German Flag.

LL 66

Inclining tests, lightweight surveys

(Annexes to the Agreement in Annexes to the Agreement)

As per the Annex D to the Authorization agreement, Recognised Organisation (RO) shall witness inclining tests or lightweight surveys. Through a survey on board, Recognised Organisation (RO) Surveyor shall check the assumptions made in the stability documentation, such as downflooding points, weathertight and watertight integrity, anti-rolling devices, fixed ballast, etc. to verify the that the ship is in compliance with the approved documentation.

SOLAS 74

Cargo Ship Safety Construction Certificate

Emergency towing procedures on ships

ISM-Info-Mail 11-2011 received on 26/10/2011 with the ISM-Circular 06-2009 is in the attached file “06_2009Engl”, as a reminder.

Companies concerned are requested to prepare ship-specific emergency towing procedures for ships subject to SOLAS regulation II-1/3-4 (as amended by MSC.256(84)).

To avoid problems in the course of PSC inspections, the emergency towing procedures should be included in the Safety Management System and considered as part of the emergency preparedness required by element 8 of the ISM-Code.

For this purpose, please take note of the MSC.1/Circ.1255 Guidelines for owners / operators on preparing emergency towing procedures that provides assistance.

Further it should be verified whether relevant documents and information in the significant working language are carried on board.

The company should ensure that the crew is familiarized with emergency towing procedures and trained in this respect during the regular safety drills and trainings.

Surveys and outside inspection of ship’s bottom

Refer to Flag State Information FI S/001/SC/2020/Rev.0a “Surveys to Ensure structural Integrity” available through the web link:

https://www.deutsche-flagge.de/de/redaktion/dokumente/dokumente-dienststelle/fi_s_001_2020_00-e.pdf

Lifting appliances - SOLAS Regulation II-1/3-13

(Circular 02/2025 (ISM))

Lifting appliances with a safe working load (SWL) below 1,000 kg

For lifting appliances with SWL < 1,000 kg, the shipowner may deviate and apply the national regime according to the Industrial Safety Ordinance (Betriebssicherheitsverordnung, BetrSichV) which includes following minimum requirements:

• regular inspection by a qualified person at intervals not exceeding 12 months,

• in principle, a qualified person may be a member of the crew if their training, experience and recent professional activity, as well as their knowledge of the company's procedures, are sufficient for this purpose,

• type, scope and interval of inspections as well as the qualification requirements for the qualified person are based on the company's risk assessment, taking due account of the manufacturer's instruction and applicable standards and guidelines,

• lifting appliances shall be permanently marked with the safe working load (SWL).

Initial certification of compliance for lifting appliances installed before 1 January 2026

Lifting appliances installed before 1 January 2026 should be certified as compliant no later than the date of the first renewal survey on or after 1 January 2026. If acceptable certificates of testing and thorough examination are available, the respective equipment shall be considered compliant. Acceptable are certificates which are subject to:

• ILO Convention 152,

• a certification scheme of the recognized organization confirmed by a factual statement in accordance with MSC.1/Circ.1696 Unified interpretation of SOLAS regulation II-1/3-13.2.4.

Maintenance, inspection, operational testing and operation

The Master or company should appoint a person responsible for the inspection, maintenance and operational testing of lifting appliances.

Measures, intervals, records and the qualification requirements of responsible persons

• should be subject to a risk assessment and be part of the company's safety management system (SMS),

• should be in accordance with the manufacturer's instructions, IMO and industry standards and guidelines or Recognised Organisation (RO) requirements and recommendations.

Maintenance manuals should be provided by the manufacturer, as specified in the Guidelines (MSC.1/Circ.1663). Where such are not available for existing appliances, these may be provided by competent third parties.

Inoperative equipment shall be appropriately recorded, dealt with and taken into account when planning and executing a safe voyage.

Personnel operating lifting appliances should be qualified, familiarized and authorized in accordance with the requirements of the safety management system (SMS) of the ship. Operational manuals should be provided by the manufacturer, as specified in the Guidelines (MSC.1/Circ.1663). Where such are not available for existing appliances, they may be provided by competent third parties.

Cargo Ship Safety Equipment Certificate

Maintenance, testing and inspection of personal life saving appliances

The guidelines as set out in the annex of MSC.1/Circ.1047 have to be taken into account in relation to monthly shipboard inspection of immersion suits. To ensure an adequate strength and water tightness of seams and closures of immersion suits, it is recommended to consider relevant instructions of the manufacturer and the guidelines of MSC.1/Circ.1114 (“Guidelines for periodic testing of immersion suits and anti-exposure suit seams and closures”).

Requirements for maintenance, thorough examination, operational testing, overhaul and repair of lifeboats and rescue boats, launching appliances and release gear (MSC 402(96))

(Administration email dated 18/09/2019)

The Ship Safety Division of the BG Verkehr will not conduct any requested audits for the Resolution MSC.402(96) and MSC.404(96) itself.

According the Resolution MSC.402(96) item 7.4.3 the Ship Safety Division of the BG Verkehr accept or recognize for ships flying the flag of Germany service provider authorized by the recognised organisations (RO).

Lifeboats with Fall Preventer Devices (FPD)

Refer to the Flag State Circular Nr: 01/2012 in the attached file “FLAG_STATE_CIRCULAR_01-2012”.

Recognised Organisation (RO) surveyors are requested to strictly follow this safety notice when evaluating FPDs on board.

An approval by the Administration BG Verkehr, Ship Safety Division individually for each FPD and the attachment points to the release mechanism is requested as mandatory.

FPDs without approval by the Administration found on board of ships flying the German Flag are to be removed from board - supervised by the surveyor, due to danger for the crew using FPDs not individually approved by the Administration.

The modification of an existing on-load release mechanism by drilling to provide a locking pin insertion point is strictly prohibited for ships flying the German Flag.

Functional tests according to 2.2.1 of MSC.1/Circ.1327, in the attached file “MSC.1-Circ.1327”, to be carried out only in the water without load on the FPDs under attendance of a Recognised Organisation (RO) surveyor, to demonstrate that the equipment performs without interfering in the operation of the lifeboat or launching equipment.

Recovery of persons from the water

Refer to the Circular 07/2014 in the attached file “Circ2014_7”.

Operational readiness and maintenance of fire protection and fire fighting systems and appliances

Refer to the ISM-Circular No.: 03/2012 in the attached file “03_2012engl”.

In compliance with SOLAS Regulation II-2/14.2.2, the guidelines regarding maintenance, testing and inspection of fire protection and fire fighting systems developed by the IMO MSC.1/Circ.1432 (“Revised Guidelines for the maintenance and inspection of fire protection systems and appliances”) have to be considered.

For maintenance and testing of portable fire-extinguishers and fixed CO₂ fire-extinguishing systems, the IMO has published the following guidelines which have to be observed:

1. Resolution A.951(23): “Improved Guidelines for Marine Portable Fire Extinguishers”

2. MSC.1/Circ.1318: “Guidelines for the maintenance and inspections of fixed carbon dioxide fire-extinguishing systems”

Fire dampers and their controls

(Memo from bg-verkehr received 24/05/2011)

The fire dampers and their controls are to be periodically tested and maintained in accordance with SOLAS Regulation II-2/14.2 and MSC/Circ.850.

BNWAS

(ISM-Info-Mail 12-2011 received on 07/11/2011)

For many years Germany requires that all ships with a keel laying date after 1 January 1988 have to be equipped with a fixed installed “Bridge Watch Alarm”.

Moreover, the national performance standard for that equipment is considered to be “equivalent” but not identical with the standard adopted by the Organization.

Therefore, the German Administration referring to SOLAS Regulation V/19.2.2.4 has decided that all ships under German Flag with a construction date prior to 1 July 2011 and already equipped with a fixed installed “Bridge Watch Alarm” in accordance with the German national requirements do not need to update their equipment to the new BNWAS in accordance with the new SOLAS requirements.

As a result, the Federal Ministry of Transport, Building and Urban Affairs asked the IMO for publication of a SLS 14/Circular (see the attached files “IMO Notification” and “SLS.14-Circ.438”).

Speed and distance measuring device (SDME) for Automatic Radar Plotting Aids (ARPAs)

The government of Germany accepted under SOLAS regulation I/5 equivalent arrangements for the indication of speed and distance through the water (STW) on ARPAs.

This Administration allows ships to continue their operation of the ATLAS DOLOG 20 as SDME for ARPAs and with the operational limitation in the STW mode, granted as equivalent to fulfil the requirements of the former SOLAS regulation V/12 paragraph (l).This applies to German flagged ships constructed before 1 July 2002 and equipped with an ATLAS DOLOG 20 (models DOLOG 21, DOLOG 22 and DOLOG 23) as SDME.

For further information, refer to the IMO circular SLS.14/Circ.572, in the attached file “SLS.14-Circ.572”.

Navigational equipment & systems

Magnetic compass & rate-of-turn indicators

(Letter from Federal Maritime and Hydrographic Agency of Germany dated 26/08/2016).

The requirement for regular laboratory checks of magnetic compasses and -if applicable- rate-ofturn- indicators has been common practice so far. These checks and related documentation were performed by recognized laboratories.

The documentation of laboratory checks will no longer be required by BSH.

However, the BSH recommends the continuation of regular laboratory checks, as magnetic compasses and rate-of-turn-indicators might wear over time under environmental conditions. In particular a laboratory check is recommended upon indication of wear during regular adjustments or operation.

Cargo Ship Safety Radio Certificate

Initial / Renewal survey

After an initial / periodical / renewal radio survey, the attending surveyor shall collect the following reports from the service suppliers and submit them to ger_cha@bureauveritas.com together with the radio survey report: EPIRB, SART, GMDSS and AIS report.MCC will submit the Recognised Organisation (RO) radio survey report to BG-Verkehr and in addition provide the Administration BSH with the Recognised Organisation (RO) report, the Record of Approved Ship Safety Equipment, the Record of Approved GMDSS Radio Installation, the reports collected from the service suppliers and the endorsed or issued radio certificate.For ship attended in a German port, the SSQM is to be provided by the surveyor with the above-mentioned reports and, upon receipt, the SSQM distributes the reports to the respective Flag Administration: the radio survey report to: certificates@bg-verkehr.de and the radio survey report, the Record of Approved Ship Safety Equipment, the Record of Approved GMDSS Radio Installation, the endorsed or issued radio certificate, including service suppliers report to: classdoc@bsh.de

Passenger Ship Safety Certificate

Refer to the additional statutory requirements displayed in National requirement.

Other

Carriage of dangerous goods

(Old SOLAS Regulation II-2/54 and revised Regulation II-2/19)

The issuance of the Document of Compliance by the Administration is subjected to particular requirements which have to be complied with.

The final Document shall be issued by the Administration in accordance with the HSSC and is a specific form based on IMO MSC/Circ.642 (6 June 1994).

Recognised Organisation (RO) Hamburg will complete pages 2, 3 and 4 of SBG form and deliver the same by email to SBG.

Details of electric material with regard to explosion protection in dangerous areas

Details shall be specified (temperature class, explosion group).

The Administration requires temperature Class T4.

Container ships provided with flood lights on deck or in way of hatches

These lights are used during loading and unloading.

They are normally not explosion-proof and therefore shall not be used in case of stowage or handling of dangerous goods.

Carriage of Class 4.3 cargoes (i.e. ferro-silicium)

A separate bilge system shall be approved by the Administration.

Breathing apparatuses, fire and smoke detection systems, fire extinguishers and A60 bulkheads

They shall be approved by the Administration against European Directive 96/98 EC.

Nozzles shall comply with provisions of either EN14365-1 or EN14365-2.

Code of Safe Practice for Solid Bulk Cargoes (BC Code)

The Code is implemented in Germany as a law.

IMSBC

(Minutes of meeting in Hamburg on the 7^th June 2011 received from Recognised Organisation (RO) Germany on the 22^nd August 2011)

“The IMSBC Code does not require any statement or certificate issued by the Administration and / or the class.

If a craft is entitled to carry certain cargoes according to the IMSBC Code, the respective cargo will be listed in the DoC for Dangerous Goods. Then this is the confirmation that this cargo may be carried.

For this reason the Administration will not issue an additional statement”.

CSS code

The amendments to the CSS code as laid down in MSC.1/Circ.1352 have to considered as guidance and have no mandatory character.

It is not required to carry out a survey and/or certification of the implementation of the amendments to the CSS code.

A survey and/or certification can be carried out on voluntary basis if requested by the company. Any certificate or statement of compliance issued shall not contain the remark that the certificate / statement of compliance has been issued on behalf of the Government of the Federal Republic of Germany.

For further information, refer to the Class-Circular No.: 01/2015 in the attached file “Class-CircularNo.01-2015”.

POLAR Code

Recognised Organisation (RO) is authorized to carry out initial, renewal, intermediate and annual surveys.

The certificate is issued by the Administration

IP Code

Recognised Organisation (RO) is authorized to carry out initial, renewal, intermediate and annual surveys.

The certificate is issued by the Administration

MARPOL 73/78

Annex I. IOPP certificate

Annex II. NLS certificate

Annex IV. ISPP certificate

Regulation for the prevention of pollution by sewage from ships

Annex V

Regulation for the prevention of pollution by garbage from ships

Annex VI. IAPP certificate

NOx technical code - Issuance of a “EIAPP Statement of Compliance”

The Society is authorised to issue a Statement of Compliance to diesel engines intended to be fitted on board German ships classed with the Society.

The Statement of Compliance shall not however be issued under the authority of the Government of Germany.

Fuel Oil Consumption Reporting and Operational Carbon Intensity Rating

(Circular 05/2018 (ISM) and Annex D to the Agreement (see Annexes to the Agreement))

The delegation is not limited to ships classed by Recognised Organisation (RO).

SEEMP Part II

Recognised Organisation (RO) reviews the SEEMP Part II and submits the documentation duly checked to the Administration, together with a Statement of Compliance. The Administration issues the Confirmation of Compliance.

SEEMP Part III

Recognised Organisation (RO) reviews the SEEMP Part III and submits the relevant documentation duly checked to the Administration, together with a Statement of Compliance.

The Administration verifies the SEEMP Part III and issues the definitive Confirmation of Compliance.

The same process applies for the periodical and additional verification of the SEEMP Part III in accordance with MEPC.347(78).

Company audits as required by MARPOL Annex VI/ Reg. 26.3.3 in accordance with MEPC.347(78) may be conducted by Recognised Organisation (RO) or the Administration.

Statement of Compliance and Reporting

Recognised Organisation (RO) verifies the ship specific fuel consumption data and submits the documentation duly checked to the Administration.

The Administration issues the Statement of Compliance in accordance with Appendix X of MARPOL Annex VI (SoC - Fuel Oil Consumption Reporting and Operational Carbon Intensity rating) for the relevant calendar year and is responsible for the entries into the IMO GISIS database.

Sulphur limits / High sulphur carriage ban

(Minutes of meeting on the 02/12/2019)

Exceptions to the carriage ban of high sulphur fuels after 01 March 2020 can be issued by the Administration in individual cases, e.g. to commission and put a newly installed scrubber into operation.

Recognised Organisation (RO) is authorised to issue a 'Conditionally Interim IAPP (International Air Pollution Prevention)' for the duration of the commissioning of a newly installed exhaust gas cleaning system (scrubber). Exclusively the Administration may grant exceptions to the carriage ban of high sulphur fuel.

EGCS equivalent

(Annexes to the Agreement in Annexes to the Agreement)

Recognised Organisation (RO) is authorized to review the documentation for SOx Emissions Compliance Plan, EGCS Unit approval, ATM-A, verification procedure, EGCS Record book, monitoring system approval documentation, ETM-B, OMM and discharge water monitoring system for compliance with MEPC.340(77) (as may be amended) and submit it to the Administration with a well-founded proposal.

The Administration decides on the recognition of any equivalent when issuing the IAPP certificate.

Surveys for EGCS are included in IAPP surveys and fully delegated.

UNSP Barges

(Annexes to the Agreement in Annexes to the Agreement)

The Administration has granted authorization to Recognised Organisation (RO) for survey and issuance of the interim UNSP Exemptions under MARPOL I, IV and VI.

Electronic Record Books

A special national procedure applies for the recognition of electronic record books on ships flying the German flag, refer to the following link:

https://www.deutsche-flagge.de/en/construction-and-equipment/ships-equipment/record-books

BWM Convention

General

Exceptions

(Minutes of meeting on the 02/12/2019)

The Administration issues exceptions in accordance with the Ballast Water Management Convention (BWM Convention), Art. 3 Para. 2.

As a rule, the issued BWM exceptions are sent to the ROs for their information.

In addition, exceptions based on failure of a BWMS / timeframe of spare parts supply etc. are (will be) issued in individual cases with conditions and for a limited period. No exceptions will be issued for untimely installation.

Refer also to Requirements for ships on national voyages and ships with less than 400 GT on international voyages as well as exceptions to the aforementioned.

Ships operating in small and limited area

(Administration email dated 18/01/2019)

For ships under German Flag which operate solely within a small and limited sea or port area the Ship Safety Divison of the BG Verkehr as the authorized German Flag State Administration would issue an Exemption under regulation A-3. Section 5 ("same location") from the International Convention for the control an management of ships´ ballast water and sediments (IBWC).

With that exemption the ship would not need to exchange ballast water (D1 standard) or treat ballast water (D2 standard) with an approved BW treatment plant on board of the vessel.

Requirements for ships on national voyages and ships with less than 400 GT on international voyages as well as exceptions to the aforementioned

(Circular 01/2017 (ISM))

1. Ships on national voyages regardless of the size

   The Administration recommends to develop a Ballast Water Management Plan for all ships and have it approved by a class to keep the option open to change trading areas at a later point in time. The provision of a Ballast Water Record Book is also recommended to use it when required.

2. Ships on international voyages with less than 400 GT

   They have to fulfil Section B of the BWMC. This requires an approved Ballast Water Management Plan on board the ship and the documentation of ballast water exchanges in accordance with the D1 standard in the Ballast Water Record Book. These ships have to fulfil the D2 standard not later than 8 September 2024.

3. Exceptions for ships on national and international voyages

   In accordance with Article 3, paragraph 2, of the BWMC, ships which are, in accordance with paragraph 2(a), constructed not to carry ballast water or, in accordance with paragraph 2(f), have a closed system and do not have to exchange the ballast water during operation are exempted from the BWMC. To issue such an exception the Administration requires, in addition to the application by the shipping company, a confirmation by Recognised Organisation (RO) that the technical requirements are met (e.g. changes to the piping inside the ballast water system, use of blind flanges), or for ships without a class a survey has to be conducted by a surveyor of the Ship Safety Division or an authorized class surveyor.

For further information, refer to the attached file “circ2017_1_engl”.

Tonnage 69

Tonnage certificate

No tonnage activities under the ITC 69 are delegated to Recognised Organisation (RO), the certificate is only issued by the BSH.

The BSH issues also Suez and Panama Certificates on request for clients for ships flying the German flag.

COLREG 72

Plan approval

(Class-Circular No. 01/2017 dated 15 February 2017).

Plan approval regarding installation/positioning of navigation and radio communication equipment and equipment under COLREG 72 for ships governed by international or European regulations/conventions may be done by Recognised Organisation (RO) in Germany for ships built under supervision by Recognised Organisation (RO) and scheduled for German flag according to SOLAS, International Conventions or European Legislation (e.g. Torremolinos, HSC-Code, SPS-Code, EU-passenger ship directive etc.).

One set of the approved plans carried out by Recognised Organisation (RO) shall be sent to BSH as hardcopy or adequate electronic version.

For non-convention ships, built under German national regulations, the plan approval will be done by BSH further on.Contact:Bundesamt für Seeschifffahrt und Hydrographie (BSH) Federal Maritime and Hydrographic Agency Matthias Lafrentz Phone: ++49 (0)40/3190-7211 Fax: ++49 (0)40/3190-5000 Mail: matthias.lafrentz@bsh.de

For further information, refer to attached file “Class-Circular_01_2017_AUTHORIZATION FOR CLASSIFICATION SOCIETIES (ROs) ON GERMAN FLAGGED VESSELS REGARDING PLAN APPROVAL”.

AFS Convention

Certification

(Annexes to the Agreement in Annexes to the Agreement)

Recognised Organisation (RO) is authorized to carry out initial survey, and survey when the anti-fouling system is changed or replaced.

Initial survey: Recognised Organisation (RO) submits to the Administration all relevant documentation on anti-fouling system applied, together with the survey report, and with as Statement of Compliance issued by Recognised Organisation (RO). The Administration issues the IAFS certificate.

Change or replacement survey: Recognised Organisation (RO) issues an Interim IAFS (available in ASMS2 under “National Certificate”) after successful completion of the survey and submits it to the Administration together with the survey report and relevant documentation on anti-fouling system applied. The Administration issues the IAFS certificate.

ILO Conventions

Crew accommodations - ILO 92 & 133 conventions and Ordinance on Accommodation in Maritime Shipping

For ships with keel laying date after 31 July 2013 please refer to the attached document "Checklist See-Unterkunftsverordnung"

Cargo gears

The cargo gear book can be used for cranes, etc. upon 1 ton.

Miscellaneous Technical Requirements

European Marine Equipment Directive 2014/90/EU

Equipment shall be approved according to SOLAS 74/88, MARPOL 73/78 and the German Ship Safety Ordinance by a notified body in Europe, according to MED 2014/90/EU as amended.

All nautical equipments, compasses, navigational lights and sound signal appliances are approved by BSH in Germany.

Also refer to Statutory surveys - General, Sections 7 & 8.

Non-convention ships

Survey and certification for ships of less than Convention size (for each relevant Convention) are not delegated in the Authorization agreement.

Any tasks will be carried out by Recognised Organisation (RO) on case-by-case authorization.

The relevant national legislation for cargo ships of less than Convention size are laid down in the Ship Safety Ordinance Annex 1a, Part 6, covering various types of ships, such as:

• Special vessels of 100GT and more (including tug boats, authority vessels and floating tools, barges and pontoons),

• Small craft of less than 100GT,

• Offshore service vessels.

Specific forms to be filled in during survey will be provided by MCC Hamburg where required:

https://www.deutsche-flagge.de/en/german-flag/types-of-ships/special-vessels-and-small-craft

Unmanned pontoons

Vertical centre of gravity - IS-Code 2008

(Minutes of meeting between the Administration and ROs dated 10/12/2013)

The Administration does not accept a lower value than “0.7 x moulded depth”, which is a value common in international shipping.

Ship Recycling & IHM

EU Ship Recycling Regulation

Inventory of Hazardous Materials

For initial survey, Recognised Organisation (RO) submits to the Administration the IHM together with all relevant documentation duly checked together with a proposal for verification. The check of the documentation by Recognised Organisation (RO) must take into account the relevant IMO Guidelines and, for existing ships, the visual or sampling plan. Compliance with relevant National legislation on hazardous substances must be confirmed. Recognised Organisation (RO) conducts the survey taking into account relevant IMO Guidelines. The Administration verifies the IHM Part I and issues the Inventory Certificate.

For the renewal survey, Recognised Organisation (RO) carries out the survey and the Administration verifies the IHM Part I and issues the new Inventory Certificate.

Ready for Recycling

For the final survey, Recognised Organisation (RO) submits to the Administration the IHM completed with part II and III together with all relevant documentation duly checked together with a proposal for verification.

The check of the documentation by Recognised Organisation (RO) must take into account the relevant IMO Guidelines. Compliance with relevant National legislation on hazardous substances must be confirmed.

The Administration verifies the IHM Part I, Part II and Part III and issues the Ready for Recycling Certificate.

Hong Kong Convention

Inventory of Hazardous Materials

For initial survey, Recognised Organisation (RO) submits to the Administration the IHM together with all relevant documentation duly checked together with a proposal for verification. The check of the documentation by Recognised Organisation (RO) must take into account the relevant IMO Guidelines and, for existing ships, the visual or sampling plan. Compliance with relevant National legislation on hazardous substances and Directive EU 1257/2013 on ship recycling must be confirmed. Recognised Organisation (RO) conducts the survey taking into account relevant IMO Guidelines. The Administration verifies the IHM Part I and issues the Inventory Certificate.

For the renewal survey, after the satisfactory completion of the survey, Recognised Organisation (RO) submits to the Administration all relevant documents and the survey report. The Administration verifies the documentation provided and issues the new full-term certificate.

Ready for Recycling

For the final survey, Recognised Organisation (RO) submits to the Administration the IHM completed with part II and III together with all relevant documentation duly checked together with a proposal for verification.

The check of the documentation by Recognised Organisation (RO) must take into account the relevant IMO Guidelines. Compliance with relevant National legislation on hazardous substances and Directive EU 1257/2013 on ship recycling must be confirmed.

The Administration verifies the IHM Part I, Part II and Part III and issues the Ready for Recycling Certificate.

Management of asbestos on board German ships / ships flagging in

(Minutes of meeting on the 02/12/2019)

IMO/SOLAS provisions and EU provisions apply regarding new installation. In individual case of existing installations, the IMO requirement can be deviated from provided that the shipowner commits to undertake an asbestos abatement within a period of three years. It is imperative to follow the provisions of MSC.1/Circ.1347. This period cannot be further extent by a change of flag. If asbestos has been found, the following evidence must be provided:

• a comprehensive risk assessment;

• measurements conducted on a regular basis that prove that no elevated asbestos fibre concentration exists;

• the crew must be informed in detail about the installed material and their hazards;

• work on asbestos materials may only be conducted by a specialized company.

Every individual case will be considered in cooperation with the Prevention Department (BG Verkehr - Präventionsabteilung). The responsibility and liability remain with the shipping company. Further information about this topic is published on the web pages of www.deutsche-flagge.de/en.

Fishing vessels under Directive 97/70/EC

(Annexes to the Agreement in Annexes to the Agreement)

Surveys under Directive 97/70/EC, setting up a harmonized safety regime for fishing vessels of 24 metres in length and over, are delegated to Recognised Organisation (RO). An interim certificate may be issued and all reports must be provided to the Administration.

Reporting forms are listed in Additional check list for German Flagged ships.

Passenger ships under Directive 2009/45/EC

(Annexes to the Agreement in Annexes to the Agreement)

Surveys under Directive 2009/45/EC are delegated to Recognised Organisation (RO). An interim certificate may be issued.

Reporting forms are listed in Additional check list for German Flagged ships.

ISM Code

Authorizations & Instructions

Other instructions

Registration of persons on board of passenger ships.

(Circular 08/2019 (ISM))

This circular provides information on registration of persons on board of passenger ships according to Directive 98/41/EC amended by Directive (EC) 2017/2109, which is applicable from 20.12.2019.

For further information refer to attached file “Circ08-2019 Passenger Registration”.

Maritime Cyber Risk Management

(Circular 04/2017(ISM))

Cyber risks should be appropriately addressed in the Safety Management Systems (SMS) no later than the first annual verification of the Document of Compliance (DOC) after 1 January 2021.

For further information, refer to the attached file “Circular 2017_4.pdf”.

Additional ISM-verification items

(Administration Letter dated 09/12/2020)

The Administration inform about the German additional ISM-verification items for ships flying the German flag (refer also to §3.2.3.4 of the related survey procedure).

For further information, refer to the attached file “20201209_ISM Cyber Risk Management.pdf”.

ISPS Code

Authorizations & Instructions

Refer to the Specific ISPS templates (report & checklists) containing:

- BSH Verification Standards - BSH Model Verification Report

Specific requirements

Extract from Standard for Initial / Intermediate / Renewal Verifications

• The security system has been in operation/implemented for a minimum period of 30 days since the SSP-approval (See EigensichV § 8 Sec. 2)

• The SSAS must be tested in accordance with the frequencies specified in the SSP. The SSAS alert message must be addressed to the designated Point of Contact (PoC) via poc.germany@point-of-contact.de. If any of these requirements is not met, an SSAS test shall be done during the Verification.

  (MSC/Res. 147(77), MSC.1/Circ.1190, MSC/Circ. 1155, SeeEigensichV § 10 Sec. 2)

  If a failure of the SSAS-alert-message is caused by technical reasons which cannot be solved during the audit and the vessel is not transiting a High Risk Area, the Administration can admit corrective action within 1 month resp. until the arrival to the next port.

• The Master and SSO are aware under which circumstances they should request for Declarations of Security (DOS) and the circumstances under which the ship itself should request a DOS (See ISPS A/5, SeeEigensichV § 9 Sec. 1).

• Security records as defined in the SSP to be kept on board for a minimum period of three years and completed DOS for at least one year (See EigensichV §§ 7 Sec.7, 9 Sec. 6).

Extract from Standard for Interim Verifications

• The SSAS alert message is addressed to the designated 'Point of Contact' (PoC) via poc.germany@point-of-contact.de. A test must be conducted, including confirmation by the PoC.

  (MSC/Res. 147(77), MSC.1/Circ.1190, MSC/Circ. 1155, SeeEigensichV § 10 Sec. 2)

  If a failure of the SSAS-alert-message is caused by technical reasons which cannot be solved during the audit and the vessel is not transiting a High Risk Area, the Administration can admit corrective action within 1 month resp. until the arrival to the next port.

• The Master and SSO are aware under which circumstances they should request for Declarations of Security (DOS) and the circumstances under which the ship itself should request a DOS (See ISPS A/5, SeeEigensichV § 9 Sec. 1).

MLC, 2006

Scope of authorisation

Specific Flag requirements

The main German national requirements are listed in the checklist "20220801_Checklist Maritime Labour Act" (see the attached file). The requirements have been included in the ASMS checklist for ship in service MLC inspection.

Extracts from MLC-Info-Mail 03/2013

German Maritime Labour Act (Seearbeitsgesetz) and several regulations are coming into force on August, 1^st 2013.

On 01.08.2013, the German Maritime Labour Act (Seearbeitsgesetz) entered into force.

At the same time, several Maritime Labour regulations entered into force:

Ship’s manning:

Revised German Safe Manning Regulations (Schiffsbesetzungsverordnung),

Hours of work and hours of rest:

• Revised Ordinance on the working organization and working time records in maritime shipping (See- Arbeitszeitnachweisverordnung).

• Offshore-Working Hours Ordinance (Offshore-Arbeitszeitverordnung) (new)

Accommodations:

• Ordinance on Accommodation in Maritime Shipping (See-Unterkunftsverordnung) (supersedes the previous LogisV, subject to the keel laying date)

Medical care:

• Ordinance on the Rules of Procedure of the Committee for Medical Equipment in Maritime Shipping (Verordnung über die Geschäftsordnung des Ausschusses für medizinische Ausstattung in der Seeschifffahrt) (new)

Extracts from MLC Guidelines for German flagged ships

Scope of the Maritime Labour Act

In Germany the Maritime Labour Act lays down the scope of the Maritime Labour Convention.

Ships

The Maritime Labour Act applies to all merchant ships flying the German flag according to the German Flag Act. Merchant ships in this context are commercially operated ships whose owners are German or nationals of an EU member state.

Commercial used pleasure crafts with a length of less than 24 metres with not more than 2 persons employed on board, traditional vessels and ships, which does not leave or does not intend to leave waterways of Zone 1 and 2 under Annex I of the Inland Waterway Vessels Investigation Act, are excluded from the application of the Maritime Labour Act.

Seafarers

Seafarer means any person working on board a ship regardless whether they are employed by the shipowner or another person or if they are self-employed persons, including persons employed for their vocational training (crew members).

The following persons are not crew members:

1. Pilots and persons authorized by the Federal Republic of Germany, by a federal state or by another public corporation to carry out inspections onboard,

2. persons of a shipyard or equipment manufacturer carrying out guarantee work or other necessary work or for introducing the crew, work on board ship as a rule not more than 96 hours,

3. persons carrying out repair work which may not be postponed and maintenance work which may not be carried out or is not permitted to be carried out by crew members themselves, performing work on board as a rule not more than 96 hours,

4. company inspectors and cargo inspectors, on the basis of voyage planning, being on board not longer than 72,

5. artists for entertaining passengers carrying out work on board not more than 72 hours,

6. scientists, temporarily carrying out work on board ships,

7. persons, staying on board the ship for carrying out from it specific works for construction, modification and operation of structures, artificial islands and other offshore installations,

8. students attending an educational institution under federal state legislative provisions, who need practical training and seagoing service on a ship,

9. school students completing a practical training on board according to federal state legislative provisions,

10. school students receiving insight into the seafarer's job but not working on board arranged by German Shipowner Federation (Verband Deutscher Reeder) based on a contract during their holidays,

11. helmsmen on the Kiel Canal, and

12. personnel of private security companies approved in accordance with the trade regulations (Gewerbeordnung).

School students stated in number 10 have to be insured against accidents by the shipowner.

The name of the persons which are not crew members or passengers, the purpose as well as the beginning and end of their stay on board have to be recorded in the ship’s log book immediately.

Recruitment and placement services located in Germany

Private agencies situated in Germany must be approved by the Ship Safety Division of the BG Verkehr.

The procedure for the approval of private recruitment and placement services in Germany is reflected on the following website:

https://www.deutsche-flagge.de/en/crew/working-and-living/recruitment/recruitment

German Information II 59-3 Se - Qualification of the ship’s cook:

A ship’s cook is qualified according to German law and holds:

• a certificate of final examination in an apprenticeship as a cook or another relevant apprenticeship (for example butcher, baker, confectioner, master of domestic economy) according to national law, or

• a certificate of participation in an instruction in catering according to paragraph 4(1) no. 4 Statute Governing Restaurants, issued by a Chamber of Commerce and Industry, or

• a certificate of proficiency as a ship’s cook issued by a member state of the MLC or

• an equivalent certificate of another state.

Inspection reports of recognized organizations (RO):

If inspections are carried out by a RO, the inspector may use the inspection report template of the RO.

It has to be ensured that the report contains at least the following information:

• Name and IMO-number of the ship

• Date of completion and place of inspection

• Name of the inspector

• Scope of inspection

• Inspection results

• Deficiencies found and statement if the deficiencies were rectified before departure

• Corrective action plan for rectification of deficiencies, if applicable

• Notice about the issuance of an officially recognized Maritime Labour Certificate, the endorsement of a Maritime Labour Certificate or if the issue of a Maritime Labour Certificate is recommended

Extracts from Circular 03/2014 (MLC)

Non-crew members

The Ship Safety Division may exempt the following persons from the definition of crew members for up to 3 weeks:

• persons who work on board for longer than 96 hours on behalf of a shipyard or of a systems manufacturer in order to implement warrantee or guarantee work or other work necessary on board or to give instructions to the crew, or

• persons who work on board for longer than 96 hours in order to carry out repairs or maintenance work which is urgently needed which cannot or may not be carried out by the crew members themselves.

The exemption can be applied for by email mlc@bg-verkehr.de by supplying the following data:

• number of persons (if possible, names of the persons) and company name,

• the activity,

• specific voyage,

• the period of time designated.

2022 Amendments to MLC, 2006

(Administration email dated 20/02/2025)

DMLC Part I for this Administration has not been amended. DMLC Part II amendments, if any, do not require submission to the Administration. Consequently, it is not necessary to reissue the Maritime Labour Certificate.

Shipping companies can voluntarily adapt their DMLC Part II at any time and submit it to the Administration if they deem it necessary.

Appendix — Agreement for the delegation of duties to recognised organisations

Agreement

See the attached file “Agreement_Germany_RO SA_19122022.pdf”

Appendix — Annexes to the Agreement

Scope of authorisation

See the attached file “2025-12-11_Annex RO Agreement_Revision (003)”.

BSH Certificate

See the attached file “BSH Certficate GMDSS”.

Recognition of Recognised Organisation (RO) by BG Verkehr for MLC 2006

This recognition applies once the Maritime Labour Convention has been implemented into German national law and a written agreement, specifying the scope of authorization, has been concluded between BG-Verkehr and Recognised Organisation (RO) (pending).

See the attached file “20111111 MLC2006 Table of Authorization by BG-Verkehr”.

Appendix — Additional check list for German Flagged ships

NC - Initial surveys

Safety Equipment - All vessels

See the attached files “Vordruck Fa-Maschine” and “Vordruck Fa-Schiff”.

Measurement of sound pressure levels on seagoing ships, inland ships and working platforms (Schallpegelmessungen)

See the attached file “Noise pressure measurement Report - GERMANY”.

Fishing vessels

See the attached file “Zusatzbericht Vordruck F-Maschine Torremolinos”.

NS - Intermediate / renewal surveys

Safety Equipment - All vessels

See the attached files “Vordruck F-Maschine” and “Vordruck F-Schiff”.

Fishing vessels

See the attached file “Vordruck F Schiff Fischereifahrzeug”.