At its meeting on 26 November 2004, the Federal Council approved the 2nd Baltic Sea Protection Amendment Ordinance. According to the exemption regulation contained therein, pleasure craft built before 2003 that are less than 10.50 metres long or less than 2.80 metres wide, as well as all pleasure craft built before 1980, are now exempt from the obligation to retrofit holding tanks.
From 1 January 2005, all other pleasure craft sailing in the Baltic Sea with toilets on board must be equipped with a restraint system and corresponding provision for shore-side disposal (in accordance with ISO 8099).
By exempting older and smaller recreational craft from the retrofitting obligation, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) is making use of the Helcom recommendation, which allows individual nations to exempt boats for which retrofitting with closed faeces tanks is technically difficult or financially costly from the retrofitting obligation.