Muster (seaman's law)

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Seafaring book - first entry -
M / S "ELFRIEDE" Nordische Schiffahrts-GmbH, Kiel, 1956, right side of the registration entry of the seaman's office

Under patterning the registration or deletion was from in Germany sailors in the muster roll of a ship by the Seemannsamt understood. The sample procedure was abolished with effect from August 1, 2013.

Concept and procedure

The captain of a ship was previously obliged to carry a sample roll with him during the voyage, which gave information about the respective composition of the ship's crew and about the other persons working on board in the context of ship operations. The negotiation before the seaman's office about the information to be entered in the sample roll was called a draft ( Section 15 SeemG).

The captain of a ship was obliged to arrange for a draft when a crew member began work on board (draft) or ended (draft) or if the position of a crew member was not only temporarily changed (reassignment). In the examination procedure, the seaman had to present his log book and his certificate of proficiency. Renewed sampling was only possible after the sampling had been carried out or after the previous employment had been terminated in a credible manner, which had to be certified by the seaman's office in the seafaring book ( Section 17 (2) SeemG). The master or an authorized representative of the master or shipowner and the person to be examined had to be present at the inspection. The sample roll and the seaman's book had to be submitted ( Section 16 SeemG).

If two years had passed since the sample roll was made out, the Seaman's Office had to issue a new sample roll corresponding to the current composition of the ship's crew at the request of the master. This process was called general sampling. The seaman's office could also request general sampling if the sample roll had become confusing or illegible ( Section 20 SeemG).

Reasons for abolition

The recruitment process was viewed as out of date. With the entry into force of the Law for the Implementation of the Maritime Labor Convention 2006 of the International Labor Organization on August 1, 2013, with Article 1 of which the new Maritime Labor Act was promulgated, the master was instead obliged to keep a crew list with him, which at all times reflects the complete status of the composition of the crew ( Section 22 SeeArbG). Since then, safe manning of ships has been ensured by regular reviews of the number of seafarers and the composition of the ship's crew by the professional association , the waterway police and the port state controls.

Importance of the pattern in the visa procedure

In European visa law, the concept of registration, removal and change of pattern is still important. The term is used in connection with third-country seafarers who are exempted from obtaining a visa from a diplomatic mission in their home country in order to enter the Schengen area . The term used in the German language version only partially coincides with the terminology used in previous German law and is used in other language versions, e.g. B. in English or French, no direct equivalent.

According to Art. 36 Visa Code , a seaman who would have to be in possession of a visa when entering the Schengen area according to the EU Visa Regulation can not be granted the required visa in his home country, but directly at the border if he has the General entry requirements (including passport, livelihood security , no entry ban) have been met, he has not been able to obtain the visa before entry and his return appears guaranteed, and he crosses the border to embark on a ship on which he will work as a seaman or to patterns again or from a ship on which he is working as a sailor, abzumustern . He then receives a short-term transit visa at the border.

When signing on ( English Signing on a vessel , french Marin enrole sur un navire ) is doing the work of a sailor on a ship that is in a Member State port or expected (entry into the territory of the Member States) understood. On the other hand , signing off ( English Leaving service from a vessel , French Le marin, quittant son service, débarque d'un navire ) is the abandonment of a ship that has entered a port in a Member State (leaving the territory of the Member States). Ummusterung ( English Transferring from a vessel , French Le marin quince un navire venu Mouiller dans un port d'un État membre pour rejoindre un autre navire ) is the change of a sailor from a ship that entered a Member State port, to another Ship. A special procedure, such as the previous pattern according to the German seaman's law, is not intended for this.

The regulation has its predecessor in Regulation (EC) No. 415/2003 of the Council of 27 February 2003 on the issuing of visas at the border, including the issuing of such visas to seafarers in transit , who in turn are based on the Schengen decision -Executive Committee of December 19, 1996 on the issue of visas at the border to seafarers in transit (SCH / Com-ex (96) 27) .

The background to the simplified entry is that issuing visas to seafarers creates particular difficulties, as it is not always known in advance in which port the ships will dock and the seafarers often do not know where they will be disembarked. Sometimes they have to go to a certain port for sampling at extremely short notice. Because of these unpredictable changes in travel destinations and the short deadlines, it often happens in practice, both in seaports and at airports, that seafarers who require a visa want to enter an external Schengen border without a visa. In order to obtain a transit visa at short notice, the shipping company or shipping agent informs the competent authorities of the port in the Member State in which the ship is located or is expected about the entry of seafarers requiring a visa via an airport in the Member State or via a land or sea border. The shipping company or the shipping agent signs a guarantee for these seafarers, in which the shipping company undertakes to assume all costs of the stay of these seafarers and, if necessary, their repatriation.

The terms in the German language version of the Visa Code as such are evidently taken from the earlier German terminology of the Seemannsgesetz, but sometimes mean something different.

Web links

Individual evidence

  1. ^ From April 20, 2013 ( BGBl. 2013 I p. 868 ).
  2. ↑ Official justification of the law for the implementation of the Maritime Labor Convention 2006 of the International Labor Organization in: BT-Drs. 17/10959 , (PDF; 1.8 MB), p. 56.
  3. ↑ For all terms, see Annex IX to the Visa Code , ABl. L 243 v. September 15, 2009, p. 1.
  4. ↑ OJ. L 64 v. March 7, 2003, p. 1.
  5. ↑ OJ. C 239 BC September 22, 2000, p. 182.
  6. ↑ Official reasons for the decision of December 19, 1996, OJ. C 239 BC September 22, 2000, p. 183.
  7. ↑ For more information, see Annex IX to the Visa Code , OJ. L 243 v. September 15, 2009, p. 1.