Rarely has the unity within the local water sports industry and the tourism and industry associations directly or indirectly linked to it been as great as it is these days. The Federal Association of the Water Sports Industry (BVWW) The German Boat and Shipbuilders' Association, the ADAC-Sportschifffahrt, the Association of German Sport Boat Schools, the German Motor Yacht Association, the Association for Shipbuilding and Marine Technology, the Association of Water Sports Schools, the German Tourism Association and some state tourism organisations as well as the chambers of industry and commerce of the German water tourism regions - they are all up in arms against a regulation issued by the Federal Ministry of Transport.
This means that in future, anyone who operates a recreational craft for commercial purposes within Germany will no longer only need a recreational craft licence, but also a small craft certificate. We reported on this in mid-February.
What sounds harmless has drastic consequences in practice. Employees at charter companies, shipyards, boat dealers, sailing schools and even journalists who test boats will be affected. In future, they will all have to have the new certificate and take an examination for it. The BVWW recently emphasised this once again in a statement. Exception: Anyone who has been in the job long enough and has the SBF can make use of a simplified application option for the small boat certificate until January 2025 without having to take an examination.
Ministry only admits that a subordinate department acted alone when asked
After it was initially completely unclear how and why the new regulation came about in the first place, the BVWW has now announced that it was apparently a solo effort by the department responsible for boating licence issues in the FDP-led Federal Ministry of Transport, which was not coordinated with anyone.
BVWW Managing Director Karsten Stahlhut reports that the whole thing was initially thought to be a mistake by the authorities. However, when asked, the ministry then explained that a new EU directive had to be implemented. However, this later turned out to be untrue and the ministry backed away from this statement.
Instead, the reason given was that a loophole had been recognised and closed. The piquant thing about this is that there is apparently no need to close such a loophole, if it existed. According to Stahlhut: "In subsequent discussions, the responsible department admitted that there were no indications of safety problems caused by commercial trips with pleasure craft."
The new licence further exacerbates the shortage of skilled workers in the industry
However, the additional licence will now make it more difficult, if not impossible, for the majority of the 40,000 or so employees in the industry to exercise their profession. And all this without any gain in safety on the water, says the association's managing director angrily. "We need every worker in the industry. An additional driving licence means creating a further shortage of skilled workers by decree!"
Almost all other boating industry associations have joined the protest and were involved in the talks with the ministry. They will contact their respective MPs and draw attention to the nonsensical regulation, which, according to the protesters, also disproportionately restricts the fundamental rights to the free exercise of one's profession and freedom of the press.
Even the water police are shaking their heads in disbelief
Furthermore, according to a statement by the BVWW, the ordinance was issued without the involvement of the associations and is therefore unlawful. However, this is probably only partly true. Because: A hearing of the associations apparently did take place, even at the beginning of last year. The ordinance had already been issued by then. However, the preceding consultation probably only took place in writing. According to YACHT information, the process is documented by the ministry and can be viewed online. The associations have probably not reacted to this, at least not the German Sailing Association.
However, the associations rightly criticise the fact that no prior discussions were held with those affected. This is indeed an unusual procedure. However, it is questionable whether this means that the entire process is unlawful, as the BVWW emphasises in its statement. It also sees the executive on its side: "Even from water police circles in the water tourism regions, there was only incredulous head-shaking in favour of the ordinance," says the association.
Initial experience with the application for a small vessel certificate also indicates that there are months of waiting times, particularly in western Germany. The responsible authorities at the Directorate-General for Waterways and Shipping were apparently surprised by the regulation themselves. On the website currently states that due to the very high number of applications, queries cannot be processed and that a "very long processing time" should be expected.
Before taking legal action, Stahlhut and other representatives of the association announced that they would now increasingly approach politicians at all levels and draw attention to this completely superfluous regulation.
Karsten Stahlhut:
Minister Wissing, please put an end to this unnecessary bureaucratic monster!"
