Notice About Danish Oil Recipients Of Information And Contributions Have Been To The International Fund For Compensation For Oil Pollution Damage, 1992 (1992 Fund Convention) And The Protocol Of 2003 To The 1992 Fund Convention (The Supplementary Fund)

Original Language Title: Bekendtgørelse om danske oliemodtageres oplysnings- og bidragspligt til den internationale fond for erstatning af skader ved olieforurening, 1992 (1992-fondskonventionen) og protokollen af 2003 til 1992-fondskonventionen (den supplerende fond)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=117388

Notice about Danish oil recipients of information and contributions have been to the International Fund for compensation for oil pollution damage, 1992 (1992 Fund Convention) and the Protocol of 2003 to the 1992 Fund Convention (the Supplementary Fund)

Pursuant to §§ 202, paragraph 1 and 4, 514 (a) and (b) in søloven, see 514. lovbekendtgørelse nr. 538 of 15. June 2004, as amended by Act No. 1172 of 19. December 2003 shall be fixed:

Contributory

§ 1. The, as in Danish ports and oil terminals in total per year receives more than 150,000 tonnes of crude oil, heavy fuel oils or distillates should pay contribution to the 1992 Fund and the Supplementary Fund in accordance with what is set by the 1992 Fund's bodies pursuant to the 1992 Fund Convention article 10 and 12 as well as what to be determined by the supplementary fund bodies pursuant to article 10 of the Protocol, 2003 , 11 and 18. The mentioned oil include oil, as by sea are transported to or within Denmark. Reception of oil transported by sea, to a floating warehouse, located in Danish territorial waters, deemed receipt in Danish port or oil terminal.

(2). A ship is considered a floating warehouse, if the ship is unable to sail, or if the ship is permanent or semipermanent at anchor. With "semi permanently at anchor" means a placement for a period of longer duration, which is to say a number of weeks or months.

(3). The obligation to contribute to the 1992 Fund also includes oil which comes to Denmark in any way other than as referred to in paragraph 1 but which has been transported by sea to a State which has not signed up to the 1992 Fund Convention, and from there has been further transported to Denmark without transhipment in the receiving plant in another State which has acceded to the Convention.

(4). The obligation to contribute to the Supplementary Fund also includes oil which comes to Denmark in any way other than as referred to in paragraph 1 but which has been transported by sea to a State which has not joined the 2003 Fund Protocol, and from there has been further transported to Denmark without transhipment in the receiving plant in another State that has joined the Protocol.

(5). Complaints about the size of the contribution to the 1992 Fund should be directed to the 1992 Fund.

(6). Complaints about the size of the contribution to the supplementary fund shall be addressed to the supplementary fund.

§ 2. The in clause 1 shall be contributory oil include:





1)» Petroleum ' as is any mixture of liquid hydrocarbons that exists in the natural state in the ground, regardless of whether it is treated so as to render it suitable for transportation. The term also includes crude oils from which certain distillation products has been removed (sometimes referred to as ' topped crudes ") or to which certain distillation products have been added (sometimes referred to as ' spiked crudes ' or ' reconstituted ' crudes) and

2)» fuel oil ', which means heavy distillates or residues from crude oil or blends of such products intended for use as fuel for the purpose of the production of heat or power of a quality that corresponds to ' American Society for Testing and Materials Specification for Number Four Oil (Designation D 396-69) ' or heavier.





§ 3. The, as in Danish ports and oil terminals, or to a floating storage, see. § 1 in total per year receives less than 150,000 tonnes contributory oil covered by section 2, is liable to pay contributions in respect of the quantity, the person actually received, provided that the amount of contributory oil, by the person concerned in a calendar year has received, combined with the amount of contributory oil in this year is received in Danish ports and oil terminals, or for a liquid storage , by one or more persons, with which the person concerned has shared interest, exceeds 150,000 tonnes.

Accountability

§ 4. The one who is the recipient of the contributory oil here in the country pursuant to §§ 1 or 3, shall give information about name and address, as well as the quantity of oil received in the previous calendar year to the DEA before 31 December. March of the following year. This information is sent via the Danish maritime authority for the 1992 Fund and the supplementary fund. The information shall be submitted on forms can be obtained from the Danish maritime authority. Forms can be submitted digitally to the Danish Energy Agency, to the extent that the Danish maritime authority, the Danish Energy Authority, the 1992 Fund and the Supplementary Fund has developed IT systems to handle respectively issuing and receipt of digital forms.

(2). The Danish Energy Agency can send out requests for alerts to any contributory recipients. In these cases, the company may use the provided forms.

(3). Have a company received a request for notification and, the company has in the preceding calendar year received less than 150,000 tonnes contributory oil, is the company liable to report that it is not contributory.

Punishment, etc.

§ 5. The receiver, which is covered by sections 1 or 3 are punishable by fine or imprisonment for up to 1 year, unless a higher penalty is inflicted upon the other legislation, where there are no given information, or those not provided in a timely manner in accordance with § 4.

(2). The penalty can rise to imprisonment for up to 2 years if the infringement was committed intentionally or by gross negligence.

(3). Fails any timely to meet the obligation incumbent upon them under section 4, the Minister for economic and business affairs as a compulsory instrument to impose on those daily or weekly payments.

(4). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

§ 6. If the beneficiary undertaking operated in the legal form, it is incumbent on the members of the Executive Board or those who have equivalent, to ensure that the disclosure requirements are complied with. In the absence of timely fulfilment of the obligation to provide information can the Danish maritime authority arbitrarily determine and report the suspected imported quantities.

Entry into force, etc.

§ 7. The notice shall enter into force on the 1. July 2008.

(2). Executive Order No. 152 out of 10. March 2005 concerning the International Fund for compensation for oil pollution damage, 1992 (1992 Fund Convention) and the Protocol of 2003 to the 1992 Fund Convention shall be repealed.

§ 8. Executive Order No. 433 of 24. May 1996 on the International Fund for compensation for oil pollution damage, 1992, shall continue to apply for the Faroe Islands and Greenland.
Economic and business affairs, the 11. June 2008 Bendt Bendtsen/Jorgen Hammer H