The authorities' posse in Saxony continues - foil ban remains in place for the time being!
Andreas Erbe
· 15.07.2022
"On 23 May 2022, the Saxon State Ministry of Economic Affairs, Labour and Transport (SMWA) issued a decree classifying wingfoiling and windsurf foiling as sports that are dangerous and therefore may not be practised on Saxon waters. This foil ban is completely incomprehensible and unique in the world.
The decision has led to great irritation in the water sports scene, which has now prompted the ministry to invite the water sports associations and other representatives of ministries and the water police to a "round table" on 12 July 2022 at the Ministry of Economic Affairs in Dresden.
The invitation to the event was issued under the title "information meeting" and the associated fears were indeed confirmed: The representative of the Ministry of Economic Affairs is resistant to consultation and is not prepared to lift the ban in the short term. Rather, the ban, which has beennot published was included in the existing Saxon Shipping Ordinance.
As justification for the foil ban, the shipping authority (a subordinate authority in the SMWA) cites the assessment that foiling is predominantly to be categorised as dangerous and that such dangerous types of water use are to be banned in accordance with Section 7 (3) sentence 2 of the Saxon Shipping Ordinance for the protection of people, nature and the environment. However, the current ordinance only contains a ban on kitesurfing, but no bans on other wind-powered watercraft such as sailing, windsurfing or wingsurfing.
The extent to which the control of the ban by the police and the imposition of administrative offences without publication of the decree is compatible with applicable law is highly doubtful. Incidentally, this is also the opinion of the heads of department from the other ministries present.
In particular, the attempt to justify the foil ban on technical grounds caused the association representatives to shake their heads in disbelief and the representatives of the other ministries to at least frown. The high speed of wingfoiling and the dangers for swimmers were emphasised again and again. Quotes from the internet, pictures of wingsurfers in a 2 metre high wave or a single injury in France were used as arguments. When asked several times, it was conceded that the authorities' staff did not have the necessary expertise.
In a detailed statement by Thomas Weinhardt, 1st Chairman of VDWS e.V., which was made available to the participants as a table presentation, the statements are refuted. A survey of VDWS training centres in Germany and abroad as well as the VDWS teaching team revealed no evidence of any particular danger posed by foiling. Accidents between swimmers and foilers, especially wingfoilers, are not known. In the VDWS "Safety Tool" water sports insurance, there has not been a single case of personal injury since 1 January 2020. For the assessment "inclined to danger" of the Saxon authority, there is no evidence, no factual justification, no reports on accidents.
Although foiling with windsurfing and kitesurfing are Olympic disciplines, the representative of the Ministry of Economic Affairs wants to uphold the ban and prohibit competitive athletes from practising the sport in Saxony. This would also make it impossible to organise regattas and competitions. At the same time, however, the local water sports schools will also be banned from teaching. This is disastrous because the training of beginners in particular could make a significant contribution to safety. In the water sports schools, the courses end with the acquisition of the international VDWS wingsurfing basic licence; safety, evasion rules and behaviour on the water are taught alongside the lessons with the wingsurfing instruction booklet.
A loss of image for Saxony as a holiday destination with its new lake landscapes of the former open-cast mining areas is also being accepted. Based on reports in the relevant media, there are already recommendations to avoid the federal state of Saxony and switch to other areas.
After repeated enquiries by T. Weinhardt (VDWS e.V.), the actual decree was handed out for the first time at the end of the event. However, its form and style differ significantly from other ministerial regulations, decrees or publications.
The possibility of suspending the decree and evaluating the accident situation in a two-year observation phase, as proposed by the associations, was rejected. The summary of the discussion by the SMWA representative with the statement that the Saxon Shipping Ordinance must be adapted in order to be able to impose more bans with legal certainty in the future was met with shaking heads and annoyance by many participants.
The following statement sounds like a mockery: "The Saxon State Ministry of Economic Affairs, Labour and Transport (SMWA) and the shipping authorities would like to support interested water sports enthusiasts and associations in their efforts to make foil surfing legal."
It remains to be seen whether the state government of Saxony will intervene to correct this process in the interests of sport."
Thomas Weinhardt 1st Chairman VDWS e.V.
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