Notice Of Discharge Of Sewage From Ships And Platforms Outside The Danish Territorial Waters And The Baltic Sea Region

Original Language Title: Bekendtgørelse om udtømning af kloakspildevand fra skibe og platforme uden for dansk søterritorium og Østersøområdet

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=116291

Overview (table of contents) Chapter 1 scope

Chapter 2 Definitions, etc.

Chapter 3 discharge of sewage wastewater as well as The full text of the Decree on discharge of sewage from ships and platforms outside the Danish territorial waters and the Baltic Sea region

Under section 2, paragraph 3, article 6, paragraph 2, article 20, paragraph 3, article 61, paragraph 1, and section 62 of the Act on the protection of the marine environment, see. lovbekendtgørelse nr. 47 of 7. January 2008, section 16, section 44 (1) and (3) and section 45 of Decree No. 1035 of 22. October 2004 on the entry into force for Greenland of the Act on the protection of the marine environment, and having regard to MARPOL annex IV, shall be based on:

Chapter 1

The scope of the

§ 1. The notice shall apply for:





1) ships with a gross tonnage of less than 400, which is licensed to carry more than 15 persons, and

2) ships with a gross tonnage of 400 or more.





(2). The Ordinance shall apply to ships referred to in paragraph 1, which are:





1) inside or outside the exclusive economic zones, or

2) outside the Danish territorial waters.





(3). The notice shall also apply for Danish platforms and platforms are located on the Danish continental shelf area.

(4). The Ordinance shall not apply to ships and platforms, which are on Danish territorial waters or in the Baltic Sea region, see. However, article 20, paragraph 1.

(5). The Ordinance shall not apply to ships and platforms, which are located in foreign States exclusive economic zones or in foreign States, territorial waters, provided that such foreign States in these waters have provided other requirements for discharge of sewage than set out in this notice.

(6). The notice shall also not apply in the case of naval ships and other ships owned or operated by a State, as long as the ship is used exclusively in non-commercial public service regulation. § 2, paragraph 2.

Chapter 2

Definitions, etc.

§ 2. In this notice, the term:





1) sewage: Sewage substances and other wastes from any form of toilets and urinals; drainage fabrics from hospitalsrum (pharmacy, sygerum etc.) derived from washbasins, bathtubs and drains fitted in such spaces; drainage fabrics from places where there are live animals; or other waste water, when it is mixed with sewage substances, as defined above.

2) Storage tank: A tank for the collection and storage of sewage.

3) Approved plant "means a plant which is approved by the Danish maritime authority or from other authorities, including the EU institutions which are recognized by those authorities, in accordance with the rules of communication from the Danish maritime authority (B), technical regulation for ship building and equipment, etc., Chapter XXIV; Prevention of pollution by sewage from ships, or as approved by the MARPOL Convention other countries.

4) Baltic Sea region: the Baltic Sea, the Gulf of Bothnia, the Gulf of Finland, the sound, the belts and the Kattegat at 57 ° 44.8 until width parallel 'n carry Skagen, see. § 5, paragraph 5.

5) Near the coast: The baseline from which the territorial waters are laid down in the relevant territory in accordance with international law, in these provisions, however, with the addition that ' from nearest land ' off Australia's northeast coast means: from a line drawn from the Australian coast




from point 11 degrees 00 's, 142 degrees 08 ' s parallel East longitude






to point 10 ° 35 ' South latitude, 141 ° 55 ' East longitude,






from there to the point 10 ° 00 ' South latitude, 142 degrees 00 ' e






thence to point 9 ° 10 ' South latitude, 143 ° 52 ' e






thence to point 9 ° 00 ' South latitude, 144 ° 30 ' e






from there to the point 10 ° 41 ' South latitude, 145 ° 00 ' e






thence to point 13 ° 00 ' South latitude, 145 ° 00 ' e






thence to point 15 ° 00 ' South latitude, 146 ° 00 ' e






from there to the point of 17 ° 30 ' South latitude, 147 ° 00 ' e






thence to point 21 ° 00 ' South latitude, 152 ° 55 ' East longitude






thence to point 24 ° 30 ' South latitude, 154 ° 00 ' e






thence to point 24 ° 42 ' South latitude, 153 degrees 15 ' e on the Australian coast.



6) MARPOL means the International Convention of 1973/78 for the prevention of pollution from ships, including protocols and subsequent amendments.





Chapter 3

Discharge of sewage

§ 3. In section 1, paragraph 2, referred to waters and on the Danish continental shelf area, see. section 1, paragraph 3, the discharge of sewage must only take place, if





1) the discharge is made in application of an approved facility for the treatment of sewage and waste water at the end of the plant does not produce visible traces in the sea,

2) wastewater is comminuted and disinfected in an approved facility and the depletion occurs at a distance of at least 3 nautical miles from the nearest coast or

3) the discharge is made at a distance of not less than 12 nautical miles from the nearest land. Made the discharge from a tank for the collection and storage of sewage or sewage originating from space with live animals, the master or the platform's speed also be at least 4 knots, and the discharge is made with moderate expiration speed.





§ 4. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who contravenes section 3 conducts the discharge of sewage.

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





1) caused damage to the environment or caused danger for this or

2) achieved or intended an economic advantage for the person himself or others, including savings.





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

(4). Paragraphs 2 and 6 shall not apply to offences committed by foreign vessels, unless the offence is committed in internal territorial waters. For infringements committed by foreign vessels in the outer territorial waters may increase to prison in punishment up to 2 years, in the case of wilful and serious pollution of the marine environment.

(5). Unless a higher penalty is inflicted upon the rest of the legislation, be sentenced with fines after kriminallov of Greenland, in the Greenland is in breach of the provisions referred to in paragraph 1.

(6). Violation in Greenland referred to in paragraph 1, the provisions may result in the imposition of measures after kriminallov for Greenland, if the infringement was committed intentionally or through gross negligence, and if the infringement is





1) caused damage to the environment or generated for this or

2) achieved or intended an economic advantage for the person himself or others, including savings.





(7). In Greenland can there for offences by public limited liability companies, co-operatives, limited liability companies or the like, such a fine is imposed on the company as a liability after kriminallov for Greenland.

(8). Is the infringement committed by the Greenland Home rule, a municipality, a municipal community covered by § 64 in landstingslov on municipal councils and bygderåd, etc. may be subject to home rule, the municipality or the municipal community responsibility after kriminallov fine for Greenland.

§ 5. The notice shall enter into force on the 1. May 2008.

(2). The Minister shall determine the time of entry into force for Greenland of the Executive order.
The Ministry of the environment, the 18. April 2008 Troels Lund Poulsen/David Pilsgaard