Law: Changes to the Ship Safety Regulation - More safety or just more bureaucracy?

The amended Ship Safety Ordinance (SchSV) consists of a text that contains so many cross-references and nested sections that the typical user is likely to find it difficult to understand and interpret the new regulations.

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It is correspondingly difficult to present them in a comprehensible manner and to assess the impact on commercially used pleasure craft. The Ship Safety Division defines the main changes on its website as follows:

• The safety requirements for commercially used small vehicles (e.g. water taxis) will be increased.
• Small vessels that are not used commercially for non-material purposes do not require a ship safety certificate.
• The Ship Safety Ordinance also does not apply to pleasure craft that are only intended for private use for sport and leisure purposes.
• The certificates of equivalence previously required for smaller ships flying foreign flags in German coastal waters are no longer required.
• The use of small passenger ships in the mudflats and for the Heligoland harbour ferry is simplified.
• State-appointed inspectors are no longer required for the magnetic compass regulation of ships.
• Authorities can apply their own survey system for their official vessels.
• Longer transition periods apply for traditional ships.

Many unanswered questions

Since the publication of the new rules, we have received the most questions from the water sports industry on the following points:

1. In future, yachts offering day trips under the German flag will have to be crewed by holders of professional licences.
2. The most common CE conformity assessment procedures currently used by manufacturers of recreational craft no longer meet the new legal requirements for the CE conformity assessment of commercially used recreational craft, meaning that no new ship safety certificates can be issued for the commercial use of recreational craft.

The amended SchSV originally defined small craft as cargo vessels with a length of less than 24 metres. This would have included, among other things, sports training vessels from 8 metres in length, which are used for training to acquire sports boat licences in particular, berth charter boats and vessels that are provided with a crew for sport and leisure purposes in return for payment. In plain language: recreational craft that are not used privately or for bareboat charters would have been classed as cargo vessels in future (Section 6 (1) in conjunction with Annex 1a, Part 6, Chapter 1, No. 1 SchSV). However, the ministry has already rectified this and adapted the new legal situation to the needs of the industry by issuing a decree on 27 March 2025.

Professional licence on pleasure craft

Until the SchSV was amended, the commercial use of pleasure craft was only permitted if the vessel was also used commercially exclusively for sport and leisure purposes. Sport and leisure purposes typically do not exist if the main purpose of commercial trips is to transport passengers, such as water taxis or commercial trips for tourist purposes, as is the case with harbour cruises and event trips such as disco, birthday and wedding trips, and also not for burials at sea.

Following the amendment to the SchSV, these previously excluded types of use are now permitted. From now on, pleasure craft can also be used as taxis or for harbour tours. However, official recreational craft licences will no longer be sufficient as proof of competence. The law now requires nautical professional licences.

This extension of the commercial purpose of recreational craft is therefore of no significance for the hobby skipper, as a professional nautical licence cannot be acquired in the same way as a recreational craft licence. And so this opening is actually only relevant for holders of professional licences or shipping companies, as they can now also use recreational craft for commercial purposes.

However, we are now receiving more and more reports from the industry that the Ship Safety Division, which is responsible for issuing crew certificates, is refusing to issue crew certificates to charter operators for holders of recreational boating licences due to the allegedly different use of the respective charter yachts.

Compliant with the law or not, the current practice of the Ship Safety Division is causing uncertainty and a lack of planning security for operators of charter fleets flying the German flag. The situation is also completely unclear for the countless safety and trainer boats at smaller and larger regattas.

CE declarations of conformity according to SchSV

Even before the change, a CE certificate of conformity was required for the commercial use of a recreational craft. So nothing new, you might think. However, as always, the devil is in the detail: the amended legislation initially provided for a very specific conformity assessment procedure (Section 6 (1), in conjunction with Annex 1a, Part 6, Chapter 1, Section 5.2 SchSV).

In principle, the relevant product safety regulations (such as the Recreational Craft Directive 2013/53/EU and Decision No. 768/2008/EC) provide for several possible ways (so-called modules) of demonstrating CE conformity. Depending on the design category (A, B, C, D) and the length of the vessel, conformity is generally confirmed for series-produced vessels according to modules A, A1 or B+C. These modules are essentially internal production controls by the shipyards, with or without type examinations or supervised product tests, which are carried out by a "notified body", an independent test centre.

Boats that are used by clubs exclusively for non-commercial training will no longer require a ship safety certificate in future.

However, these types of conformity assessment would no longer have been sufficient with the change in the law. The requirements for the assessment procedure have been tightened, which would have meant that almost no yacht would have undergone the necessary conformity tests.

The test modules required by the amended law have practically never been used for recreational craft in series production. This does not mean that the ships did not fulfil the requirements of the new Ship Safety Ordinance. But the papers would not have been in order, and each ship would theoretically have had to be recertified retrospectively. However, the new law rules out such subsequent certification, as the "PCA" (Post Construction Assessment) module provided for this is not even recognised by the regulation.

However, following intensive efforts by the German Maritime Industry Association, the Ministry of Transport has already made improvements at this point. All current CE test procedures are to be recognised. The new regulation is already in force thanks to a decree issued by the Ministry.

Small commercial vehicles

One of the biggest changes concerns commercially used small vessels, such as water taxis or charter boats. The safety requirements will be significantly tightened here. This sounds sensible at first - after all, it's about protecting passengers and crew. But have sensible measures really been taken here or have the thumbscrews simply been tightened across the board?

While portable fire extinguishers were previously sufficient in certain boat classes, for example, fixed extinguishing systems are now required in some cases. Although this increases safety on board, it can mean high costs and disproportionate technical effort for smaller companies.

Additional life-saving equipment also sounds good at first - but if this means losing valuable space on boats that are already small, it is questionable whether this will actually improve safety or simply create bureaucracy. Many smaller providers are likely to find it difficult to fulfil the new requirements. In this respect, there is a risk that fewer boats will be on the water, which could have a negative impact on tourism and maritime diversity - and the question arises as to whether this development is really sensible and desirable.

SchSV ensures wless bureaucracy

Good news for sailing clubs and non-profit organisations: Boats that are used exclusively for training will no longer need a ship safety certificate in future. Previously, a sailing club offering youth courses had to provide the same proof of safety as a commercial charter company - including regular inspections and extensive documentation. This meant time and costs that were often difficult to manage for a purely volunteer-run club. The removal of this obligation will make water sports much more accessible for clubs and their members.

Cancellation of the certificate of equivalence

Previously, foreign small vessels had to prove that their safety standards met German regulations - a bureaucratic effort that is now a thing of the past. This facilitates access to the German water sports market and promotes cross-border boat traffic. But why did this obligation exist for so long? Was this certificate really superfluous, or was a sensible control body removed here? It remains to be seen to what extent there are hidden disadvantages in this new regulation.

Facilitation for mudflat cruises and harbour ferries

There are also changes for certain sailing areas. Small passenger ships that are used, for example, on mudflats or as harbour ferries benefit from simplified requirements. For example, certain tidal flat vessels no longer have to provide the same strict proof of stability as larger seagoing vessels. There are also adjustments to the requirements for life-saving appliances and technical equipment that will make operation easier.

Changes to the magnetic compass test

A more technical change concerns magnetic compass testing. Until now, the regulation of magnetic compasses on German-flagged ships could only be carried out by persons recognised by the Federal Maritime and Hydrographic Agency or an IMO member state. This requirement no longer applies with the amendment to the Ship Safety Ordinance. This brings the requirements for German-flagged ships into line with international procedures. In addition, compass adjusters recognised by the BSH or an IMO member state were rarely available abroad.

Longer transition periods for traditional ships

There is also an important change for traditional ships: the deadlines for implementing the safety requirements have been extended. This is a great relief for the operators of historic vessels, as they often have great difficulty reconciling modern regulations with the preservation of maritime cultural assets. This shows that new legal regulations do not only lead to stricter requirements, but also to sensible adjustments.

Conclusion: more security - but at what price?

The new Ship Safety Regulation brings sensible simplifications, but also stricter regulations. While some changes represent real progress, the question of whether they are really necessary remains unanswered for others. The stricter regulations are currently becoming a problem for smaller commercial providers in particular. At the same time, some bureaucratic hurdles are being removed, which is a clear advantage for leisure skippers and clubs. Ultimately, it remains to be seen how the new rules will prove themselves in practice. Will water sports really become safer - or just more complicated? And how much regulation is actually necessary in order not to lose the fun of sailing, motor boating or water sports?

The German industry associations (Bundesverband Wassersportwirtschaft and Deutscher Boots- und Schiffbauerverband) are currently in close and constructive dialogue with the Federal Ministry of Digital and Transport in order to resolve the practical problems that have arisen as a result of the legal changes. We are confident that there will be quick and practical help for the industry, especially as the Ministry has already sought close dialogue with industry representatives during the legislative process.

Benyamin Tanis

The yachtsman and lawyer from Kiel has been advising and representing his clients for many years with a team of several lawyers, boat and shipbuilders and a Europe-wide network of partner law firms in all legal matters relating to yachting, from the purchase of boats to tax and customs matters and the handling of claims.