German Maritime Search and Rescue Service (DGzRS)
The German Maritime Search and Rescue Service (DGzRS) is a non-profit, private organization founded in 1865 whose primary task is to operate maritime search and rescue services in the German maritime areas of the North Sea and the Baltic Sea. The DGzRS is one of the most important aid organizations in Germany’s rescue system and is a prime example, from a legal perspective, of a self-governed, non-profit rescue organization in Germany. Below, the various legal aspects, structure, and classification of the DGzRS are presented in detail.
Legal form and status of the DGzRS
Legal form and organizational structure
Under German law, the DGzRS is organized as a registered association (e. V.). It is registered with the appropriate register of associations under number VR 8047 at the District Court of Bremen. The association obtains legal capacity in accordance with §§ 21 ff. of the German Civil Code (BGB). The governing bodies of the DGzRS typically consist of the board, the board of trustees, and the general assembly, in line with the requirements of association law.
Non-profit status
The DGzRS pursues exclusively and directly charitable purposes within the meaning of §§ 51 ff. of the German Fiscal Code (AO). Its non-profit status is recognized by the relevant tax authority. The association’s purposes—namely, the rescue of shipwrecked persons, promoting disaster protection, and providing assistance in emergencies—serve the common good and are considered worthy of support according to § 52 AO.
Scope of responsibility and legal classification
Legal mission of the DGzRS
Since its foundation, the DGzRS has been responsible for coordinating and implementing maritime search and rescue services along the German coasts. The legal basis for maritime rescue can be found both in international and national law.
1. International Law:
The obligation to assist shipwrecked individuals arises under international law, among other sources, from the International Convention for the Safety of Life at Sea (SOLAS Convention) and the International Convention on Maritime Search and Rescue (SAR Convention) of the International Maritime Organization (IMO), both of which have been ratified by Germany.
2. National Law:
The Maritime Safety Act (SeeSiG), particularly § 1 SeeSiG, regulates the undertaking of rescue measures or assistance in emergencies at sea. The DGzRS is explicitly designated as the organization responsible for maritime search and rescue within the portfolio of the Federal Ministry for Digital and Transport (BMDV), but remains a legally capable, private entity and acts independently.
Relationship with state maritime rescue services
Within the framework of public law contracts and administrative agreements, the DGzRS cooperates with the state but remains legally independent. It does not receive regular public subsidies and is primarily funded by donations, grants, and bequests.
Responsibility for coordination of maritime rescue at sea in Germany lies with the Maritime Rescue Coordination Centre (MRCC) in Bremen, which is operated by the DGzRS. The legal basis for this arrangement arises from internal administrative agreements between federal and state authorities and the DGzRS.
Financing and legal oversight
Donation-based funding
The DGzRS has historically been and continues to be financed almost exclusively by donations and testamentary dispositions (bequests and inheritances). According to § 52 AO, donations to the DGzRS may be claimed as special expenses for tax purposes, providing an incentive for support. The use of funds is bound by § 55 AO to the non-profit objectives enshrined in the bylaws and to the principle of selflessness.
Accounting and supervision
Although, owing to its status as an association, the DGzRS is not subject to comprehensive state financial oversight, it must ensure statutory accountability (annual financial statements, audit reports) to its members and donors. Oversight of the use of funds is carried out as part of the review of non-profit status by the competent tax office.
Liability, insurance, and legal obligations
Liability of the DGzRS and its members
Liability of the DGzRS is governed by the general provisions of the German Civil Code (§§ 823 ff. BGB). Special rules apply to volunteer rescuers acting in an honorary capacity. Pursuant to § 31a BGB, liability towards the association is limited to intent and gross negligence. The DGzRS maintains group insurance policies for accident and liability coverage to protect its members.
Operational personnel and labor law
Members and employees of the DGzRS are in a private law service or employment relationship with the association, unless they serve on a voluntary basis. For full-time employees, the relevant labor law provisions apply (BGB, Working Hours Act, collective agreements, etc.). Volunteers are excluded from employee rights, but are covered by statutory accident insurance.
Data protection, transparency, and compliance
As an association handling personal data, the DGzRS is subject to the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Proper processing of donor and member data must therefore be ensured both organizationally and technically. Furthermore, the DGzRS is statutorily committed to transparency toward its members and supporters regarding organization, finances, and activity reports.
Cooperation and legal networking
According to its statutes and mandate, the DGzRS is authorized to cooperate with other national and international rescue organizations, provided that these objectives align with its own. The legal basis for such cooperation may include partnership agreements, joint exercises, exchange programs, and administrative arrangements.
Final remarks
The DGzRS is a unique organization that organizes the fulfillment of international and national maritime rescue obligations under private law, but with a public mandate. Its non-profit status, complete self-funding, and independence set it apart both legally and organizationally from many other aid organizations in the German rescue system.
Literature and Sources
- German Civil Code (BGB)
- Fiscal Code (AO)
- Maritime Safety Act (SeeSiG)
- SOLAS Convention, SAR Convention
- Statutes of the DGzRS
- Publications of the Federal Ministry for Digital and Transport
Note: This article serves as a comprehensive presentation of the legal framework and structures of the DGzRS. For further information, consulting the listed laws and official documents is recommended.
Frequently asked questions
Does the DGzRS, as a private organization, fall under public law?
The German Maritime Search and Rescue Service (DGzRS) is a private, non-profit organization and is therefore generally subject to private law, particularly association law pursuant to §§ 21 ff. BGB. Thus, it does not act with sovereign authority but operates on the basis of civil law regulations. However, in the context of maritime rescue, the DGzRS undertakes tasks that serve the public good and partially extend into the public law realm. Nevertheless, the organization itself remains independent of the state, is not subject to official instruction, and fulfills its tasks on a voluntary basis. Its cooperation with government agencies is based on cooperation agreements and not on a statutory obligation, such as that which applies to authorities.
Is there a statutory duty of maritime rescue for the DGzRS?
There is no statutory obligation for the DGzRS to conduct maritime rescue. Under German law, the responsibility for maritime rescue at sea is primarily organized by the state (§ 1 Seeaufgabengesetz). However, the DGzRS voluntarily and traditionally assumes this responsibility in agreement and through arrangements with government agencies, particularly the Central Command for Maritime Emergencies and the Federal Police at Sea. There is no statutory assignment or exclusive monopoly of maritime rescue to the DGzRS, so the organization operates solely on the basis of voluntary commitment under private law and non-profit initiative.
Are DGzRS maritime rescuers subject to special liability regulations?
The maritime rescuers of the DGzRS are generally subject to the standard rules of civil law liability (§§ 823 ff. BGB); they do not have any specific liability privileges. However, § 680 BGB (management without mandate in cases of imminent danger) provides a special liability privilege: if rescuers act in the interest of the rescued without a contractual relationship, they are only liable for intent and gross negligence. In addition, the DGzRS and its crew members are covered by internal insurance policies to minimize personal legal risks during operations.
How is DGzRS funding regulated and monitored by law?
Since the DGzRS is a registered association with recognized non-profit status under §§ 51 ff. AO, the relevant legal provisions apply to its funding. It is mainly financed by donations, membership fees, and legacies—government contributions are generally not received. The non-profit status is reviewed regularly by the tax authorities; the DGzRS is also obliged to use its funds purposefully and economically and to render account to the tax authorities and its association members. Violations of these requirements can result in tax reassessments or the withdrawal of non-profit status.
Is the DGzRS authorized to carry out sovereign actions such as searches or detentions?
As a private law organization, the DGzRS has no sovereign powers. It may not search or detain individuals, nor can it issue official orders. Its powers are limited to civil law, in particular averting danger in the course of maritime rescue, where the rights available to any person (§ 32 StGB – self-defense, § 34 StGB – justifiable emergency) apply in emergencies. Sovereign duties such as issuing dispersal orders, establishing identity, or conducting searches are strictly reserved for state authorities.
Which data protection requirements must the DGzRS meet?
The DGzRS is subject to extensive data protection obligations under the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) because it processes personal data of donors, members, employees, and those affected by its missions. The organization is obliged to ensure appropriate technical and organizational measures to safeguard the data, provide transparency through data protection statements, observe deletion periods, and honor rights to information. Data protection breaches must be reported and may result in sanctions by supervisory authorities.
What legal regulations apply to cooperation between the DGzRS and governmental agencies?
Cooperation between the DGzRS and governmental authorities is conducted on a contractual or cooperative basis, usually on the foundation of administrative agreements or operational plans for risk prevention at sea (see Seeaufgabengesetz, Central Command for Maritime Emergencies). These agreements set out in detail the framework for coordination of missions, information flow, and responsibilities. Legally, these are public law contracts with clearly defined duties and liability regulations, without granting the DGzRS any sovereign powers.
