Federal Maritime and Hydrographic Agency (BSH) – Legal Foundations, Competences and Tasks
Legal Status and Legal Foundations
Das Federal Maritime and Hydrographic Agency (BSH) is a German federal authority (upper-level federal agency) based in Hamburg and Rostock. It was established on the basis of § 1 of the Act on the Federal Maritime and Hydrographic Agency (BSHG). The BSH is under the authority of the Federal Ministry for Digital Affairs and Transport (BMDV). It is an independent authority operating under the ministerial principle and has been assigned special sovereign tasks in the fields of maritime transport and marine science, i.e., hydrography.
The main legal foundations for the BSH’s activities are in particular:
- Act on the Federal Maritime and Hydrographic Agency (BSHG)
- Maritime Traffic Regulations (SeeSchStrO)
- Maritime Responsibilities Act (SeeAufgG)
- Ship Safety Act (SchSG)
- Seamen’s Act (SeeArbG)
- Environmental law provisions, including the Federal Immission Control Act (BImSchG) and the Water Resources Act (WHG)
- International Agreements and EU Law
Tasks and Competences of the BSH
The BSH carries out a large variety of statutory tasks, both nationally and internationally significant. Its main areas are structured as follows:
Maritime Transport
The statutory tasks in the field of maritime transport include in particular:
- Safety and Regulatory Functions: Determination and monitoring of fairways and shipping routes, issuance of navigation permits in accordance with SeeSchStrO
- Ship Registration and Register: Administration of the ship register pursuant to § 6 BSHG, recording and documentation of seagoing ships under the German flag
- Ship Safety Inspections: Carrying out construction, equipment, and safety inspections of seagoing vessels in accordance with the SchSG
- Crew Certification: Issuance and monitoring of certificates of competence and seafarers’ books in accordance with the requirements of the SeeArbG
Marine Environmental Protection and Hydrographic Tasks
The BSH fulfills significant environmental law functions, including:
- Approval of Offshore Installations: Review and approval of the construction and operation of offshore wind farms and other infrastructure projects in the Exclusive Economic Zone (EEZ) based on the Maritime Responsibilities Act (§§ 2 ff. SeeAufgG) and the BSHG
- Environmental Monitoring and Reporting: Conducting hydrographic surveys, monitoring marine environmental conditions, reporting in accordance with the EU Marine Strategy Framework Directive (MSFD, Directive 2008/56/EC)
- National and International Cooperation: Fulfillment of Germany’s reporting obligations to international organizations (reliable implementation of treaty obligations, e.g., MARPOL, OSPAR)
Nautical Tasks and Hazard Prevention
The BSH is responsible for:
- Cartography and Publication of Nautical Charts: Production and publication of officially recognized nautical, special, and other charts that are legally required for navigation (cf. § 3 para. 2 BSHG)
- Warning and Information Services: Operation of weather and storm warning services for shipping, coordination with other federal agencies for the protection of life and property at sea
- Publication of Nautical Information: Issuing nautical publications, Notices to Mariners (NfS), and official decrees
Structure and Organization
The BSH is divided into various specialist departments, which perform tasks according to functional and thematic aspects. It is subject to the supervision of the BMDV and acts in accordance with § 7 BSHG under instructions within its statutory field of responsibilities. Within the scope of its sovereign powers, the relevant departments issue administrative acts and have powers to avert dangers within their assigned fields of activity.
Legal Status in National and International Context
National Importance
The BSH is the key authority for many legal issues relating to the federal coasts and at sea, especially in the Exclusive Economic Zone (EEZ), which is federal property (see Art. 87c GG). It performs federal tasks with direct sovereign effect and has independent authority to influence maritime developments (preventively and reactively), including in environmental protection, ship safety, and coastal protection.
Role in European and International Maritime Law
The activities of the BSH are embedded in extensive international legal obligations. Particularly noteworthy are:
- Obligations arising from the International Law of the Sea (including, among others, the United Nations Convention on the Law of the Sea, UNCLOS)
- Compliance with technical and environmental regulations from EU regulations and directives (e.g., Marine Strategy Framework Directive)
- Participation in international organizations such as the International Maritime Organization (IMO), International Hydrographic Organization (IHO), and others
The BSH takes the lead in international technical standards and the implementation of environmental and safety regulations for German marine waters, the German merchant fleet, and infrastructure in the maritime area.
Legal Remedies and Supervision
Legal acts of the BSH are subject to administrative court review. For appeals and legal actions against decisions of the BSH, the provisions of the Administrative Procedures Act (VwVfG) and the Code of Administrative Court Procedure (VwGO) apply. The technical supervision is exercised by the Federal Ministry for Digital Affairs and Transport, while legal supervision for certain tasks is partly exercised by other ministries, for example, the Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection in environmental matters.
Summary
Das Federal Maritime and Hydrographic Agency (BSH) is the central German federal authority for all issues regarding maritime transport, marine environmental protection, as well as hydrographic and nautical services. Its functions are based on extensive legal provisions, refer to international, European, and national requirements, and ensure compliance with and implementation of essential legal standards in the maritime area of the Federal Republic of Germany. The agency closely cooperates with other national and international institutions and ensures the lawful representation of German interests at sea.
Frequently Asked Questions
When is the Federal Maritime and Hydrographic Agency (BSH) obliged to issue administrative acts, and on what legal basis is this done?
The BSH is particularly required to issue administrative acts when this is stipulated by special statutory provisions or on the basis of the general Administrative Procedures Act (VwVfG). Its core responsibilities in this context include, among others, the issuance of ship certificates under the Maritime Responsibilities Act (SeeAufgG), approval of ship modifications, as well as granting permits for the use of the sea, such as those required by the Offshore Wind Energy Act (WindSeeG), the Spatial Planning Act (ROG), or the Environmental Impact Assessment Act (UVPG). The legal foundations of the BSH’s activities are thus diverse: in addition to the Maritime Responsibilities Act and relevant ordinances, the BSH relies on EU regulations, international agreements (such as SOLAS or MARPOL), as well as the Administrative Procedures Act, particularly with respect to the hearing of participants, time limits, and notifications. The obligation for particularly careful examination and compliance with formal requirements regularly arises from the principle of legality of the administration (Art. 20 para. 3 GG) in conjunction with the respective special law.
What legal remedies are available to parties against decisions of the Federal Maritime and Hydrographic Agency?
Affected parties can generally lodge legal remedies against administrative acts issued by the BSH according to the administrative procedure and administrative court law. The primary remedy is the objection procedure pursuant to § 68 VwGO, unless it is excluded; special provisions for exclusion can be found, for example, in the Offshore Wind Energy Act. If an objection is rejected or not decided within the statutory timeframe, legal action can be brought before the competent administrative court. The legal basis here is the Code of Administrative Court Procedure (VwGO), whereby subject-matter and local jurisdiction are determined by general rules. In addition, in certain specialist laws, there may be provisions for immediate enforcement or special types of actions, for instance in planning approval law.
Is the Federal Maritime and Hydrographic Agency subject to special supervisory or control mechanisms in the exercise of its legal activities?
As a federal upper-level authority within the remit of the Federal Ministry for Digital Affairs and Transport, the BSH is subject to the technical supervision of this ministry, § 1 SeeAufgG. This includes the review of legality and expediency of the agency’s operations. Additionally, the BSH is subject to the control mechanisms of the Federal Audit Office, particularly with regard to budget law and the proper use of funds. In the case of planning approval procedures or authorizations with environmental relevance, the involvement and participation of other authorities and committees—such as the Federal Environment Agency, state authorities, or even public participation—is legally required.
What data protection requirements must the Federal Maritime and Hydrographic Agency observe when performing its duties?
As a federal authority, the BSH is subject to the provisions of the General Data Protection Regulation (GDPR) and, additionally, the Federal Data Protection Act (BDSG). This means that, in particular, when collecting, processing, and storing personal data—such as in the context of ship registrations or licensing procedures—the principles of data minimization, transparency, and data subject rights must be observed. For specific data processing operations in maritime safety or research, other special statutory provisions may apply. Data protection incidents must be reported in accordance with statutory requirements; there is also a documentation and accountability obligation.
What obligations does the BSH have in the context of environmental impact assessments (EIA) under German and European law?
Under the UVPG, the BSH is the competent authority responsible for carrying out and supervising environmental impact assessments in numerous types of marine uses. Accordingly, it is obligated to formally assess the environmental impacts of certain projects, especially offshore wind farms or other interventions in the marine environment, and to involve the public and affected public-interest organisations in the process. The basis for this is not only the national Environmental Impact Assessment Act (UVPG), but also the relevant European directives, especially the EIA Directive 2011/92/EU, which has been transposed into national law. The BSH must document that all environmentally relevant concerns are appropriately considered before a decision is made on the respective project.
To what extent is the Federal Maritime and Hydrographic Agency obliged to provide information in court or authorized to initiate legal action?
As a body of public administration pursuant to § 61 no. 1 VwGO, the BSH is entitled to bring or defend legal proceedings in its own name. In administrative court proceedings, the BSH is required to present the court with complete files and all documents necessary for the decision (official investigation principle, § 86 VwGO). Furthermore, it is obliged, upon request of the court or at the request of the parties, to provide comprehensive information, as far as this is necessary to clarify the facts of the case. Confidentiality interests must be weighed against public and private interests; if information is subject to confidentiality, the BSH may refuse to testify if this would affect overriding public interests (cf. § 99 VwGO).
