Federal Bureau for Marine Casualty Investigation

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Federal Bureau of Maritime Casualty Investigation
- BSU -

Federal Bureau of Maritime Casualty Investigation Logo 2010.jpg
State level Federation
position Upper federal authority
Supervisory authority Federal Ministry of Transport and Digital Infrastructure
founding June 2002
Headquarters Hamburg , Bernh.-Nocht-Str. 78
Authority management Ulf Kaspera, director
Servants 12
Web presence www.bsu-bund.de
The Federal Bureau of Maritime Casualty Investigation is located in the BSH building

The Federal Bureau of Maritime Casualty Investigation ( BSU ) is a German higher federal authority within the portfolio of the Federal Ministry of Transport and Digital Infrastructure (BMVI). Its task is to investigate malfunctions, incidents and, above all, accidents at sea with watercraft . These investigations are concluded with published reports which i. d. Usually culminate in safety recommendations. The Federal Bureau of Maritime Casualty Investigation also publishes annual statistics on accidents and serious incidents at sea as well as an annual activity report.

First and foremost, the BSU should investigate accidents at sea in order to make the "seafaring system" safer. Accordingly, the sole aim of the investigation is to prevent future accidents and incidents. The investigation does not serve to determine fault, liability or claims.

history

In Germany marine casualties have been officially investigated since 1877. Until 1986, the first instance jurisdiction lay with the maritime offices as state authorities of the coastal states on the North and Baltic Seas. The objection authority was the Reichsamt or, since 1950, the Federal Overseas Office based in Hamburg . Due to a ruling by the Federal Administrative Court, which ruled that the marine casualty investigation was an administrative procedure, and because of the constitutional prohibition of mixed administration by Land authorities ( Maritime Offices) and federal authorities (Federal Higher Sea Offices) , the Maritime Offices were dissolved in their previous form and investigative committees as special bodies for the water and North and Northwest Shipping Directorates established (October 1, 1986). These investigative committees continued to be known as the “Maritime Office”. They were based in Emden, Bremerhaven, Hamburg and Kiel. The Rostock Maritime Administration was established on October 3rd, 1990 .

As a result of the reorganization, the Federal Overseas Office was organizationally assigned to the Federal Maritime and Hydrographic Agency . The decisions of the Maritime Offices were contradicted by the Federal Overseas Office, and legal action against its decision was admissible at the Hamburg Administrative Court , which made the final decision. An appeal to the Federal Administrative Court was permitted under certain conditions. Since June 2002 there is no longer a nautical manned appeal body. The Federal Overseas Office was dissolved and an objection body was set up at the Waterways and Shipping Directorate North (see also Seeamt ).

These are the legal bases today

  • Law to improve the safety of shipping through the investigation of marine accidents and other incidents ( Maritime Safety Investigation Act - SUG) of June 16, 2002 (implementation of Directive 2009/18 / EC laying down the principles for the investigation of accidents in maritime traffic) as well as that
  • Ship Safety Act (SchSG) of September 9, 1998.

The BSU can hire independent experts to prepare expert reports.

See also

literature

Individual evidence

  1. Federal Budget 2020 - Section 12 - Federal Ministry of Transport and Digital Infrastructure. Federal Ministry of Finance, accessed on August 26, 2020 (overview of positions on page 254).
  2. Law relating to the investigation of marine casualties of July 27, 1877
  3. BVerwGE 32, 21
  4. Marine Casualty Investigation Act of December 6, 1985; BT-Drs. 10/3312

Coordinates: 53 ° 32 '48.1 "  N , 9 ° 58' 2.8"  E