Notice Of Technical Regulation Amending The Technical Regulation On A Community Vessel Traffic Monitoring And Information System In Danish Waters And Ports

Original Language Title: Bekendtgørelse af teknisk forskrift om ændring af teknisk forskrift om et trafikovervågnings- og trafikinformationssystem i danske farvande og havne

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=122119

Notice of technical regulation amending the technical regulation on a Community vessel traffic monitoring and information system in Danish waters and ports

§ 1

In the technical regulation of 27. January 2004 on a Community vessel traffic monitoring and information system in Danish waters and ports shall be amended as follows:

1. The introductory part shall be replaced by the following: ' in accordance with section 1, paragraph 3, section 3, section 4, paragraph 2, § 6, nr. 3, section 20, paragraph 1, and section 32 of the law on safety at sea, see. lovbekendtgørelse nr. 903 of 12. July 2007 and under the authority of the Minister for economic and business affairs, shall be determined after consultation with the Minister for defence, Minister for the environment and the Transport Minister. '



2. section 1, paragraph 1 is replaced by the following: ' article 1. Unless otherwise expressly indicated, the regulation applies to every vessel with a gross tonnage of 300 or more. '

3. Article 6 is replaced by the following: ' article 6. The operator, agent or master of a ship under the Danish flag, who is on his way to a Danish port, or a port in another EU Member State, as well as the operator, agent or master of a foreign vessel is on its way to the Danish port, he or she shall notify the port authority the information referred to in point 1 of annex I to the European Parliament and Council Directive 2002/59/EC :





1) at least 24 hours prior to arrival

2) at the latest when the ship departs from the previous port, if the voyage lasts less than 24 hours, or

3) as soon as the port of call is known, if this information is not known or it is changed during the voyage.





(2). The Danish maritime authority may exempt individual ships engaged on a regular service at the Danish port, from the reporting obligation referred to in article 6. (1) if the shipping company:





1) maintains a list of the vessels, which are included in that service, and submit this to the Danish maritime authority, derogation is sought for the first time and thereafter each time changes occur, and

2) shall establish an internal system which ensures that information about each trip, see. paragraph 1, be registered in such a way that they may, on application, regardless of the time and without delay, shall be forwarded as it comes the Navy operational command later instantly.





(3). The exception, see. (2) will only be given if the scheduled crossing time for a single journey does not exceed 12 hours. '

4. Pursuant to section 6 shall be added:

» § 6a. Port authorities shall report the arrival of the statements referred to in section 6 (1) to the Navy's operational command, since the information on the number of persons on board, however, only be reported if the port is made aware of this.

(2). The reports must be made as soon as practicable and shall in no case be the Navy's operational command later later than 24 hours after receipt of the airport arrival reports, see. section 6 (1).

(3). Reports can be made in the Pan-European electronic system for the exchange of information on maritime traffic, SafeSeaNet 1) since reports made through the Internet, either by manual data entry or by automatically transferring data in XML format via the relevant web addresses 2).

(4). Port authorities must also report the information referred to in annex 1 of foreign cargo and passenger vessels with a gross tonnage of less than 300, which enter their ports.

(5). If a port authority becomes aware that the reported information see. paragraph 1, substantially altered or that details cf. (1) delete not announced before calls to port authority updating SafeSeaNet as soon thereafter as practicable. '

§ 2

The regulation shall enter into force on the 21. November 2008.
The Danish maritime authority, the 18. November 2008 Per Sønderstrup/Torsten Arnt Olsen Annex 1

Comments on the

Technical regulation nr. 2 of 20. November 2008 amending technical regulation on port State control of shipping and technical regulation nr. 3 of november 2008 amending technical regulation on a Community vessel traffic monitoring and information system in Danish waters and ports

Amendments of the regulations relating to ports 2 alerts on incoming ships, as the new electronic reporting system, SafeSeaNet, is ready to be put into use.

A number of EU directives and regulations impose on the industry and the Member States to report information on ship traffic to the national authorities and the European Commission. In order to simplify the reporting is there with the monitoring directive 3) place a resolution on the development of an electronic system, which ensures that the alerts are performed and brought together in a single system, SafeSeaNet.

In Denmark says the Navy's operational command (SOK) for the development and implementation of SafeSeaNet. The part of SafeSeaNet, which must be used for reports of ships ' calls at Danish ports, is ready to be placed into service (november 2008).

According to monitoring reports must be performed for each directive calls at Danish and foreign vessels with a gross tonnage of 300 or more 4). In addition, also calls at foreign cargo and passenger vessels with a gross tonnage of less than 300 shall be reported for the sake of the Danish maritime authority to perform inspections of foreign ships.

The purpose of the modification of the technical regulation on a Community vessel traffic monitoring and information system in Danish waters and ports is that taking the SafeSeaNet in use. The regulation imposes on Danish ports to report information about incoming ships for the SOCK, as SafeSeaNet can be used for this purpose.

Danish ports is in advance, according to technical regulation on port State control of shipping, ordered to report any calls at foreign cargo and passenger ships, irrespective of size, to the Danish maritime authority via the Ports of the reporting database. This information will be reported to the SOCK. This can be done by electronic transmission of SafeSeaNet. In order to avoid unnecessary duplication of reporting, it is decided to leave Port reporting database will be deleted, which is carried out by change of the Danish maritime authority technical regulation nr. 7 of 15. July 2004 on port State control of shipping.

In order to avoid a disproportionate administrative burden on ships engaged on a regular service on a Danish port, introduced a possibility that these can completely be exempted from the provisions on reporting to the ports of arrival. For ships that are granted such an exemption, shall be carried out in the name of SafeSeaNet. The exception, however, in each case will require that the company informs the Danish maritime authority about which ships exceptions applies. In addition, the exception require that the company shall establish an internal system, which ensures that the SOCK at any time, and without delay, could be provided with relevant information about each trip.
Official notes 1) Navy's operational command (SOK) is responsible for the development and operation of the Danish part of the SafeSeaNet. Who can obtain further information concerning SafeSeaNet at URL http://forsvaret.dk/SOK/Nationalt/MAS/SafeSeaNet/.

2) Relevant web addresses reported by contacting SOK.

3) European Parliament and Council Directive 2002/59/EC on the establishment of a vessel traffic monitoring and information system for maritime traffic within the community.

4) fishing vessels and recreational craft less than 45 m, as well as all State vessels are, however, excluded.