Notice Of Emergency Law

Original Language Title: Bekendtgørelse af beredskabsloven

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=123670

Overview (table of contents) Chapter 1 preliminary provisions

Chapter 2 The governmental emergency preparedness

Chapter 3 the municipal rescue preparedness

Chapter 4 deployment of emergency preparedness

Chapter 5-emergency planning, etc. within the civilian sector

Chapter 6 Radio communication

Chapter 7 Preventive measures, etc.

Chapter 8 Expropriation

Chapter 9 Orders, etc.

Chapter 10 Personnel provisions

Chapter 11 penalties and disciplinarmidler

Chapter 12 Changes in other legislation

Chapter 13-entry into force and transitional provisions The full text of the announcement of emergency law

Hereby promulgated emergency law, see. lovbekendtgørelse nr. 137 of 1. March 2004 with the changes imposed by § 1 of lov nr. 534 of 24. June 2005, § 2 of the law No. 1060 by 9. November 2005, § 101 of law No. 538 of 8. June 2006, § 2 of the law No. 1600 by 20. December 2006, § 1 of lov nr. 508 of 6. June 2007 and Act No. 1335 by 19. December 2008.

Chapter 1

Introductory provisions

§ 1. Rescue the overall task is to prevent, reduce and mitigate damage to persons, property and the environment in the event of accidents and disasters, including acts of war, or imminent threat thereof.

(2). Danish national rescue preparedness include the State emergency preparedness, including the governmental regional emergency preparedness, and the municipal rescue preparedness.

§ 2. (Repealed)

§ 3. The Defense Minister can determine that the Danish national rescue preparedness must be inserted abroad in peacetime in the event of a disaster, resulting in serious damage to or constitute an imminent danger to persons, property or the environment.

Chapter 2

The governmental emergency preparedness

§ 4. The Defense Minister is the Chief administrative authority of the governmental emergency preparedness.

(2). The Defence Minister oversees the municipal rescue preparedness. The Defense Minister can authorise the Danish Emergency Management Agency to exercise supervision, including to carry out test alarmering of Danish national rescue preparedness. The Defense Minister may lay down detailed rules on the subject.

§ 5. The Danish Emergency Management Agency direct the governmental emergency preparedness and advises the authorities on the issues of emergency preparedness.

(2). The Defense Minister lays down rules for rescue the overall organization in the event of accidents in nuclear installations, including the distribution of tasks and cooperation between the governmental emergency preparedness and the municipal rescue preparedness and with regard to rescue the overall work in relation to the other authorities who have duties in preparedness.

§ 6. The Defense Minister may conclude an agreement with associations, organizations and private persons that they shall assist in the performance of tasks within the governmental emergency preparedness.

§ 7. The State regional emergency preparedness to provide assistance to the municipal rescue preparedness, if deemed necessary due to the nature or extent of an accident or a disaster, including acts of war.

§ 8. The Danish Emergency Management Agency may conclude an agreement with the public authorities, companies and others who have responsibility for preparedness and response or maintenance of important social functions in the event of accidents or disasters, that the governmental regional emergency preparedness carries out the tasks or the provision of assistance to these.

Chapter 3

The municipal rescue preparedness

Organization

§ 9. The municipal rescue preparedness under the purview of the Municipal Council.

(2). The Municipal Council must set up an emergency Commission to carry out the immediate management of emergency preparedness. The Municipal Council may decide that the immediate management of tasks in accordance with §§ 34-37 are filed to the Municipal Council, chaired by the emergency Commission. The Municipal Council lay down the rules on the composition of the Commission. The Commission, whose membership should be odd, must consist of the Mayor, who is President, the Police Director and a majority elected by the Municipal Council. The Municipal Council may in special cases with the consent of the Minister for defence to designate another Member of the Municipal Council than the Mayor for taking over as Chairman of the emergency Commission. The Municipal Council shall designate a representative for the volunteers as an observer in the emergency Commission, if not included a representative of the volunteers as a member of the Commission.

(3). The rules in section 11, paragraph 1, article 20, paragraphs 1 to 4, 6 and 7, section 21, section 22, section 28, section 29 (1), (2) and (5) and § § 47-56 of the law on local government agency shall apply mutatis mutandis to the emergency Commission and its members.

(4). The Municipal Council, see. paragraph 2, or the Joint Commission preparedness, see. section 10, paragraph 2, may decide to provide emergency response Commission members restricted diets, compensation for lost wages and expense allowances, documented in accordance with the provisions of section 16 (a) of the law on local government administration. A decision after 1. section shall include all members of the emergency Commission. However, Councillors not receiving diets, like municipal and State employees cannot receive per diem when discharging his or her duty is part of the official deed.

§ 10. Two or more local governments can coordinate their emergency preparedness.

(2). Municipalities shall coordinate their emergency preparedness, should set up a joint civil protection Commission to carry out the tasks relating to emergency preparedness, such as municipal councils should close to this. The Municipal Council may also decide that the tasks in accordance with §§ 34-37 are filed to the Municipal Council, assigned to the joint civil protection Commission. Emergency response Commission should consist of an odd number of members, including the mayors of the member municipalities and Police Director. The Municipal Council may in special cases with the consent of the Minister for defence to designate another Member of the Municipal Council than the Mayor to join the joint civil protection Commission. For municipalities that have coordinated their preparedness, appointed a representative of the volunteers as an observer in the Joint Commission preparedness, if not included a representative of the volunteers as a member of the Commission.

(3). Coordination of local emergency preparedness must be approved by the local supervisory authority referred to in article 6. section 60 of the Act on municipalities ' authority.

(4). The Defense Minister may lay down detailed rules for the local coordination of their emergency preparedness.

§ 11. (Repealed)

Tasks

§ 12. The municipal rescue preparedness must be able to provide a sound effort against damage to persons, property and the environment in the event of accidents and disasters, including acts of war. Danish national rescue preparedness must also be able to receive, accommodate and space catering for evacuees and other distressed.

(2). The Defense Minister can determine that the Danish national rescue preparedness in certain municipalities must be able to provide an extended assistance to other local rescue preparedness, if deemed necessary due to the nature or extent of an accident or disaster, including acts of war. The Defense Minister lays down rules on the distribution of spending between the State and the municipalities in question.

(3). The Defense Minister may conclude an agreement with one or more municipal councils or with a private rescue creature on the establishment of a standing alert to fight fire in ships at sea.

(4). The Defense Minister can determine that the Municipal Council must perform other emergency tasks other than those referred to in paragraphs 1 and 2.

§ 13. The Municipal Council may conclude an agreement with another Municipal Council, with private rescue creatures or with others to accomplish tasks within the municipality rescue preparedness. The agreement must be recorded in the delplanen of the municipal rescue preparedness, forming part of Municipal Board's overall plan for municipal preparedness, see. Article 25, paragraph 1. The local authority may also conclude an agreement with the Danish Emergency Management Agency that the governmental regional emergency preparedness performs tasks within the municipality rescue preparedness.

(2). The Municipal Council may conclude an agreement with associations, organizations and private persons that they shall assist in the performance of tasks within the municipality rescue preparedness.

§ 14. The Defense Minister lays down rules on rescue overall organisation, company, stock and sizing.

§ 15. The Municipal Council shall ensure that there is adequate water supply for fire fighting.

(2). The Defense Minister lays down rules about water supply for fire fighting.

Chapter 4

Deployment of emergency preparedness

§ 16. The Defense Minister lays down rules on the technical management of the effort at the injury site.

§ 17. The combined efforts of major damage is co-ordinated by the way of the Police Director.

(2). In connection with the deployment of emergency preparedness, the Police Director, as necessary, provide warning, interdiction, evacuation and other necessary measures.

§ 18. The Defense Minister or a Municipal Council may require another municipality rescue preparedness (between municipal assistance) or private rescue beings placed at the disposal of the municipality rescue preparedness.

(2). The technical manager of the effort at damage rather than to summon assistance from another municipality rescue preparedness, the State regional emergency preparedness or private rescue beings, if deemed necessary due to the nature and extent of the accident.


(3). The Defense Minister lays down rules concerning the provision of assistance in accordance with paragraph 1 and paragraph 2, including the payment of aid.

§ 19. The Defense Minister may lay down rules to the effect that the State, in exceptional cases, participate in the expenses related to the insertion of the municipal rescue preparedness.

§ 20. Danish national rescue preparedness may require private tools and means of transport of any kind as well as the necessary personnel made available for the effort.

(2). The person referred to in paragraph 1 has made tools or means of transport available, are entitled to compensation by the municipality for deprivation of equipment and materiel for the damage suffered.

§ 21. Danish national rescue preparedness has in connection with the effort, see. section 12, paragraph 1 1. item, without court order right to the extent necessary to gain access to private property, if necessary, to break through and remove obstacles.

(2). Danish national rescue preparedness has the right to demolish buildings or remove plantings, if the technical leader of the effort at damage instead considers it necessary in order to stop the damage from spreading.

(3). The injury suffered by the Danish national rescue preparedness caused by fire fighting, regarded as fire damage. Frames damage fields, gardens or plantations belonging to third parties, however, the damage shall be replaced by the municipality.

§ 22. Danish national rescue preparedness has during the action the right to use the water that is found in wells, water pipes and other water sites.

§ 23. Danish national rescue preparedness efforts must be aware of what may have led to the accident or disaster. Danish national rescue preparedness finds suspicious clues, police immediately informed and the proof, as far as possible, be ensured.

section 23 (a). The Municipal Council may determine that the overall response to the blind rescue alarms from statutory automatic fire protection systems, shall be charged a fee from the owner to cover the fixed costs associated with udrykningen. The Secretary of defense shall notify the amount of that fee, to be determined as the average cost of call outs to blind alarms from statutory automatic fire protection systems. The Defense Minister lays down the detailed rules for levying the fee, etc.

Chapter 5

Emergency planning, etc. within the civilian sector

§ 24. The individual Ministers, each within their area plan for the maintenance and continuation of the society functions in the event of accidents and disasters, including acts of war, as well as to provide support to the armed forces.

(2). The Defense Minister is coordinating planning relating to the civilian sector preparedness, see. paragraph 1, and advises the authorities. The Defense Minister is implementing the part of the planning that is not for other authorities.

§ 25. The Municipal Council must draw up a comprehensive plan for the municipality's readiness. The plan must be adopted by the Municipal Council in a meeting.

(2). The Regional Council will draw up an overall plan for the region's preparedness. The plan must be adopted by the Regional Council in a meeting.

(3). The plans referred to in paragraphs 1 and 2 shall be revised to the extent that the development makes this necessary, however at least once in every municipal and regional elections period.

(4). Plans and revisions thereof, shall be submitted to the Danish Emergency Management Agency.

section 26. The Defense Minister sets out indicative guidelines for drawing up the plans referred to in section 25.

§ 27. The individual Ministers sets out each within their area indicative guidelines for regional and local emergency planning, see. section 25, paragraphs 1 and 2.

section 28. Minister concerned may impose on public authorities and public and private companies and institutions to provide assistance in the planning or execution of tasks within the civilian sector preparedness.

(2). Minister concerned may impose on public and private companies and institutions to take specific measures with respect to goods, services, means of production, etc. within their normal business, if this is required for the performance of tasks within the civilian sector preparedness.

(3). Before a request is given in accordance with paragraph 1 or 2, shall be negotiated with the relevant companies or institutions, or with their organizations about pålæggets extent of and the detailed rules for its implementation, including whether any compensation from the State, see. (4).

(4). Leads to a request made pursuant to paragraph 1 or 2 financial loss to a company or institution, the State is liable in accordance with the General rules of law. Compensation may not be required, if the costs associated with pålæggets implementation, can be covered by indkalkulering of that product or service price. The concerned companies or institutions may not thereby be treated less favourably than others in the same industry.

(5). Compensation shall be valued in the absence of amicable agreement in accordance with the rules laid down by the Defense Minister.

section 28 (a). Defense Minister establishes an evaluation Institute, which aims to carry out evaluations of major emergency interventions and interventions with an unusual course. The Defense Minister may lay down detailed rules concerning the evaluation Institute.

(2). The Secretary of defense shall designate three persons to constitute an evaluation group. The members of the evaluation team shall be appointed for a 3-year period. The question could be re-designated. The evaluation team has the responsibility to organize, implement and carry out the specific evaluations and has the technical responsibility for the result. The evaluation team is in its academic activities independent of the Defense Minister, as well as of the overall other actors.

(3). By evaluations of interventions, without prejudice. paragraph 1 of this article, the evaluation team shall designate two additional experts, who are part of the Institute's evaluation of the concrete efforts.

(4). The evaluation team may ask for any information deemed relevant to a specific evaluation, obtained and released by the parties involved. However, this does not apply to cases where there are special health conditions, including security and investigative matters. The data should as far as possible, be transmitted in electronic form.

(5). Matters relating to evaluation of the emergency interventions covered by the law on open Government when the final evaluation report is finalised.

(6). When the evaluation team to use for the implementation of an evaluation receives working documents, including information and data in accordance with the law on open Government and administration are internal, lose documents are not as a result of the transfer to the evaluation team their internal character.

Chapter 6

Radio communication

section 29. The Municipal Council and the Regional Council should ensure that the radiokommunikationsnet used by the solution of nationwide own and common beredskabsmæssige tasks.

(2). The Defense Minister can, after negotiation with the concerned minister lay down rules that others, including private, municipal councils and regional councils must than take advantage of the radiokommunikationsnet referred to in paragraph 1.

(3). The Defense Minister may lay down rules on the use of the nationwide radiokommunikationsnet, including for connection and operation. The Defense Minister also negotiated with the Minister of finance may lay down rules on payment for access to, and use of the network.

§ § 30-32. (Repealed) 1)

Chapter 7

Preventive measures, etc.

section 33. The Defense Minister lays down rules on





1) location, layout and the use of undertakings, which is stored, used or produced solid, liquid or gaseous flammable or explosive substances, and other substances in connection with fire or other damage can result in a risk to persons, property or the environment, including substances that can be used in terrorism and thus pose a risk to public safety, and

2) the storage and use of solid, liquid or gaseous flammable or explosive substances.





(2). The Defense Minister lays down rules on





1) use of fire and light and

2) measures necessary to prevent or reduce the risk of fire and to ensure sound rescue and fire extinguishing capabilities in the event of fire.





(3). The Defense Minister lays down rules on the measures to be undertaken in order to counter the effects of accidents in nuclear installations.

section 33 (a). The Defense Minister can authorise the Danish Emergency Management Agency to establish rules under section 33 (1) and (2) and section 70, paragraphs 4 and 5.

(2). The Defense Minister may lay down rules concerning the right to appeal against decisions of the Danish Emergency Management Agency, in accordance with rules laid down under section 33 (1) and (2) and section 70, paragraphs 4 and 5, including that decisions cannot be challenged before the Minister.

(3). The Defense Minister may lay down rules to the effect that the technical specifications referred to in the rules under section 33 (1) and (2) and section 70, paragraphs 4 and 5, not introduced in the Official Gazette.

(4). The Defense Minister may lay down rules about how information on technical specifications, which are not introduced in the Official Gazette referred to in article 6. (3) can be obtained.

(5). The Defense Minister may lay down rules to the effect that technical specifications not be introduced in the Official Gazette referred to in article 6. paragraph 3 shall be applicable, even if these are not available in Danish.


§ 34. The Municipal Council must approve the creation, substantial alterations, extensions or changes in the operation of enterprises to the extent laid down rules to that effect under section 33, paragraph 1.

(2). The Municipal Council may provide, to buildings, land and floating constructions to be adapted and used in such a way that the risk of fire hazard is reduced as much as possible, and to sound rescue and fire extinguishing capabilities shall be ensured in the best possible way.

section 35. The Municipal Council may decide that measures must be taken to the extent laid down rules to that effect under section 33, paragraph 2, no. 2.

(2). The Municipal Council shall meet at least once a year to decide whether to fire and evacuation exercises carried out in buildings, etc., which are covered by paragraph 1.

(3). The Municipal Council may provide that for buildings, land and floating constructions,





1) where there are special fire dangerous conditions,

2) where many people gather, or

3) where large values are exposed to destruction,








must be made operational measures to prevent or reduce the risk of fire and to ensure sound rescue and fire extinguishing capabilities in the event of fire.



(4). The Municipal Council may decide that the municipal rescue preparedness or one or more persons, such as the Municipal Council has authorised, if necessary at any time must be present as fire guard in the Assembly rooms, by means of exhibitions, festivals, theatre performances, circus performances and similar events, including events in the open air. Fire guard, who must be in possession of the proper identification, can be present without a court order. The Municipal Council may also decide that the Organizer must pay a fee to cover the costs of the municipal administration and supervision in connection with fire guard.

§ 36. The Municipal Council make brandsyn of companies of listed buildings, of buildings, where many people gather, of flammable buildings and warehouses as well as by floating constructions.

(2). The Defense Minister lays down detailed rules on brandsyn after paragraph 1, including the injunction remedy any deficiencies.

(3). Brandsyn pursuant to paragraph 1 may, if deemed necessary, at any time without court order shall be carried out on the property. The brand vision, must be in possession of appropriate identification.

(4). The Defense Minister can determine that the brandsyn for the Defense dealt with in special way.

section 36 (a). The Defense Minister may lay down rules on Municipal Board's publication of the results of and sanctions on the basis of brandsyn. The publication may include the names of the natural or legal person, who is controlled, as well as the names of natural or legal persons as a result of fire sight receives ban or injunctive relief, or as penalties.

(2). The Defense Minister may lay down rules on the form and extent of publication, including publication can be done electronically.

section 37. The Municipal Council may, in accordance with the rules laid down by the Defense Minister, impose on public authorities and public and private enterprises and institutions to take measures for their protection during crisis or war (bedriftværn). Costs shall be borne by the, who are required to take the measures referred to.

(2). The Municipal Council oversees bedriftværn. Supervision may, if deemed necessary, at all times be carried out without a court order. The supervision must be in possession of appropriate identification.

Chapter 8

Expropriation

section 38. The Defense Minister or the Minister authorizes thereof, for the use of emergency preparedness launch the expropriation of private property, including vehicles.

(2). He or she can initiate or Ministers as regards non-governmental measures allow initiating expropriation of immovable property to be used for the performance of tasks within the civilian sector preparedness.

(3). By expropriation can acquired ownership or usufruct or imposed occupancy restrictions.

(4). During the crisis or war, can the Defense Minister or the Minister authorizes thereof, without court order implement the seizure for the purpose of expropriation.

(5). In the absence of amicable agreement determines the valuation authorities in accordance with the law on public roads, the issue of compensation for expropriation. By expropriation of other than real estate used the law accordingly.

(6). A valuation Commission decision cannot be challenged before the courts, before the possibility of review by over taksationskommission have been exhausted.

(7). The Defense Minister lays down rules concerning the implementation and ekspropriationens of the proceedings for the valuation authority.

Chapter 9

Injunctions, etc.

§ 39. The one who discovers a fire or circumstances, which shows that there is an imminent danger of fire, must immediately inform those who are exposed to danger, and alert the rescue preparedness. The person concerned shall also seek to dampen the fire or ward off the danger.

§ 40. Any must-fire provide the help that manages.

(2). The one who is present at a fire, shall, at the request of the Danish national rescue preparedness to participate in rescue and fire-fighting work.

(3). The, which, in accordance with paragraphs 1 and 2 have participated in rescue and fire-fighting work, are entitled to compensation by the municipality of proven loss of earnings.

§ 41. Everyone must abide by the injunction, issued by the Danish national rescue preparedness.

(2). Everyone must abide by the assemblies in the context of efforts and comply with police or rescue can call to leave the fenced off area or roads for that purpose.

(3). Everyone shall by order of evacuation within the given deadlines to leave the place and go along designated roads to the designated accommodation areas.

§ 42. Everyone shall, at the request of the Danish national rescue preparedness put his home or other premises available to the evacuees and cater for them as necessary.

(2). The Secretary of defense shall determine the compensation to be granted for this purpose.

section 43. Accommodation Act of extraordinary accommodations used the equivalent of personnel in emergency preparedness.

(2). The Defense Minister lays down rules on the accommodation services that may be required in accordance with paragraph 1, and whether the compensation to be granted for this purpose.

§ 44. By order of darkening must immediately implement all this to the extent determined by the competent authority.

(2). The responsibility for and the cost of the blackout, as owner, tenant or user has available over the light source.

§ 45. He or she may impose any obligation for the minister to provide information necessary for the planning of the civilian sector's preparedness.

§ 46. The Danish Emergency Management Agency may require information from any of the emergency measures carried out or intended to be carried out, as well as, moreover, information deemed necessary for the execution of tasks relating to emergency preparedness.

§ 47. (Repealed)

Chapter 10

Personnel provisions

General provisions

section 48. The Defense Minister lays down rules for the training of rescue personnel, including on the overall expenditure distribution between the State and the municipalities.

§ 49. The Defense Minister may provide that personnel have a duty to participate in the domestic emergency preparedness, to be deployed abroad, see. § 3.

§ 50. During the crisis or war can personnel in rescue preparedness not by resignation bring their duty to serve in emergency preparedness.

(2). Laid-off officers who do not otherwise committed to emergency preparedness, under the crisis or war available to emergency preparedness until the end of the year in which they reach the age of 65 years.

(3). The Defense Minister may lay down rules on the transfer of personnel within the Danish national rescue preparedness to other parts of the Danish national rescue preparedness.

Volunteers

§ 51. The Defense Minister lays down rules for the training of personnel that are not paid for their participation in the Danish national rescue preparedness (volunteers), including benefits for the voluntary and cost-sharing between the State and the municipalities.

(2). The Defense Minister is to define the tasks that can be solved by volunteers in the governmental emergency preparedness.

(3). The Municipal Council is to define the tasks that can be solved by volunteers in the municipality's readiness.

(4). During the crisis or war apply §§ 60-66 also for volunteers.

Conscripts

§ 52. The Defense Minister lays down the number of conscripts, invited to Danish national rescue preparedness, and lays down rules on the length of service and service organisation.

§ 53. Conscripts in the State regional emergency preparedness is with respect to accommodation, food, clothing, pay, fribefordring and similar subject to rules which are equivalent to those applicable to military conscripts.

(2). For other conscripts in the Danish national rescue preparedness the Defense Minister can lay down rules about the circumstances referred to in paragraph 1.

§ 54. The conscripts are available for emergency preparedness until the end of the year in which the age of 50 years. The Defense Minister may lay down rules to that effect.


(2). The Defense Minister can make the necessary requests of conscripts for the purpose of action in the event of emergencies that require extraordinarily large personnel strengths. The Defense Minister may lay down rules to that effect.

Women assumed on conscript similar terms

paragraph 54 (a). the rules laid down in §§ 52-54 and §§ 60-66 shall apply mutatis mutandis to women assumed on conscript similar terms.

§ 54 b. female personnel in emergency preparedness assumed on conscript similar terms which are dismissed or repatriated, and for whom the service of any kind in the Danish national rescue preparedness after the available information shall be deemed to be incompatible with their conscience, of the Defense Minister should be exempt from service. The Defense Minister lays down detailed rules on the subject.

Contract staff ratings in the State regional emergency preparedness

§ 55. For contract staff ratings in the State regional emergency preparedness the Defense Minister may lay down rules on education and call and whether the conditions referred to in section 53, paragraph 1. Persons who are or have been contracted privates in the State regional emergency preparedness, available for this until the end of the year in which the age of 50 years, unless the Minister determines otherwise.

Contingency responsible for providing

section 56. The resident or stay in this country, from the time when the person concerned reach the age of 18 years, until the time when the person in question takes up 65 years, be required to serve in the Danish national rescue preparedness (emergency duty) if exceptional circumstances so require. The Defense Minister may lay down rules to this effect, including which authorities can impose emergency duty.

(2). The meeting at the defence in cases of crisis or war, are not covered by paragraph 1.

§ 57. Civil servants and employees of public and private enterprises and institutions shall carry out the tasks within the Danish national rescue preparedness and the civil sector preparedness that assigned to them.

§ 58. A decision on the imposition of emergency a duty under section 56, cannot be brought before another administrative authority.

Exemption from compulsory attendance

section 59. The Defense Minister determines who can be exempted from compulsory attendance by the armed forces in order to be included in the emergency preparedness or remain in other important social functions.

(2). The Defense Minister determines who can be exempted from compulsory attendance at emergency preparedness in order to be included in other parts of the Danish national rescue preparedness or remain in other important social functions.

(3). The Defense Minister determines who can be exempted from compulsory attendance at emergency preparedness in order to be able to do voluntary service in the home guard.

Chapter 11

Penal provisions and disciplinarmidler

Conscripts

section 60. Unless disciplinarmidler is used, see. § 62, punished the conscripts called up for service in emergency preparedness, with fine or imprisonment for up to 1 year, if he





1) refuses to serve in emergency preparedness,

2) are lacking or wrongly removes it from the place of employment,

3) fails to comply with an official command or foresats

4) incidentally fails to comply with the duties of the service entails.





(2). During the war, can the penalty increase to prison for up to 2 years.

(3). Any superior officer in Danish national rescue preparedness can arrest a conscript, when this fails to comply with the official command line managers and it is deemed necessary in the interests of discipline to arrest him.

section 61. The Defense Minister will determine the extent to which sentences and illegal absences shall result after service or repatriation with a view to the renewal request. After service cannot exceed the time and the time of detention, the person concerned has been illegal absent.

(2). The who second time convicted for refusing to serve in emergency preparedness, see. section 60 (1) (8). 1, repatriated and cannot later be convened.

§ 62. Instead of minor punishments under section 60 are used, unless the circumstances militate against disciplinarmidler.

(2). Disciplinarmidler can not be challenged before the courts.

section 63. Disciplinarmidler can be used as instruction, training, work and after exercise in a part of leisure, manufacturing, guard or other service outside of procedure, deprivation of liberties, and migrating to another service.

(2). Requires the use of disciplinarmidler interference with access to leave the place of employment after the termination of the service, this must not happen for longer periods than 3 days at a time with at least 1 day intervals between periods, and the application must not be extended beyond 14 days.

(3). The Defense Minister lays down rules on the use of disciplinarmidler, including the rules concerning the simultaneous application of several disciplinarmidler.

(4). The Defense Minister determines who shall have authority to use disciplinarmidler, and the extent of this authority.

section 64. That which has been entrusted to a disciplinarmiddel, may require udståelsen exposed for up to 2 times 24 hours after notification of the disciplinarmidlet.

section 65. That which has been entrusted to a disciplinarmiddel, can require the matter submitted to a disciplinarnævn for a decision.

(2). Disciplinarnævnets decision can as well by the entrusted with a disciplinarmiddel, as by the one who has imposed disciplinarmidlet, therefor submitted an Appeals Board for a decision. Appeal Board's decision cannot be challenged before the courts or the Defense Minister.

(3). Disciplinarnævnet consist of a judge as Chairman and two other members, one of which, as far as possible, should be a spokesman and of the same level as that which has been entrusted to disciplinarmidlet, while the other must be his leading.

(4). The Appeals Board created by the Defense Minister, consists of a Chairman and two other members. The Chairman shall be a high court judge. The other members are a State Attorney appointed by the Justice Minister and a lawyer appointed by the Bar Council.

(5). The Defense Minister lays down rules for the designation of disciplinarnævnets disciplinarnævnets and Appeals Board members and the company.

§ 66. Referral of a disciplinarmiddel for disciplinarnævnet or the Board of appeal does not have suspensory effect on udståelsen, unless otherwise requested by the Committee President.

(2). A disciplinarnævnet or disciplinarmiddel must be brought before the Appeals Board within 4 weeks after the complainant has been informed of the disciplinarmidlet respectively about disciplinarnævnets decision. Committee President may decide that he or she be disregarded overshoot of the complaint period, when there is a special reason for doing so.

Other emergency personnel

section 67. §§ 60-66 shall also apply to the NCO's, NCO's of the reserve and contract staff ratings in emergency preparedness. Disciplinarmidlerne work and after exercise in a part of leisure, manufacturing, guard or other service outside of order and deprivation of freedoms, however, cannot be applied to officers and NCO's of the reserve, unless they are students at one of the rescue overall schools.

(2). During the crisis or war apply §§ 60-66 also for civilian employees and emergency response.

Other criminal provisions

section 68. The who during the crisis or war intentionally abusing or fails to respect the trademark, the use of which in accordance with an International Convention acceded to by Denmark is reserved for the performance of the tasks in Denmark is carried out by the Danish national rescue preparedness, punishable by fine or imprisonment for up to 12 years.

section 69. Whoever, without the relationship falls within section 68, improperly using rescue overall characteristics or uniforms or using features, or uniforms, which have such a resemblance to these that confusion can easily take place, be punished under section 132 of the criminal code.

(2). With fine or imprisonment until 4 months punished the wrongly using rescue overall signals or using signals, which have such a resemblance to these that a confusion can take place.

(3). Under aggravating circumstances punishment in accordance with paragraph 2 may rise to imprisonment for up to 2 years.

section 70. Violation of section 39, article 40 (1) or section 41, paragraph 2 are punishable by fine or imprisonment up to 4 months, unless a higher penalty is provided for in the other legislation.

(2). In the same way be punished anyone who fails to comply with the injunction or prohibition under section 20, paragraph 1, section 28 (1) or (2), article 34, paragraph 2, article 35, article 40, paragraph 2, article 41, article 42, paragraph 1, article 44, paragraph 1, article 45, article 46, article 49, article 56, paragraph 1, or § 57.

(3). In the same way as provided for in paragraphs 1 and 2 be punished whoever without municipal Board's approval creates or makes significant alterations, extensions or changes in the operation of businesses, see. section 34 (1).

(4). The Defense Minister may in regulations issued under this law lay down penalties of fines, jail until 4 months or in aggravating circumstances imprisonment for up to 2 years for violation of the provisions of the regulations or for failure to comply with injunctions or prohibitions herein.

(5). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter. Committed the infringement by the State, a municipality or a municipal community, see. section 60 of the Act on Municipal Board, may be subject to the State, the municipality or the municipal community fine responsibility.

§ 71. With fine punished






1) who does not exhibit due caution with fire, candles, matches, ash, flammable substances, and what, incidentally, can induce or promote brand, or fail to ensure that persons belonging to the person's household or business, exhibiting such caution, and

2), as the owner or the user of the electrical installations or other light, heat, power or machinery, which can induce or promote brand, using such a facility or lets them use, notwithstanding that they are not in good condition.





Chapter 12

Changes in other legislation

section 72. In the draft regulation. Act No. 213 of 30. May 1980, shall be amended as follows:

1. In article 2, paragraphs 1 and 2, the words ' civil defense ' to: ' rescue preparedness '.

2. In paragraph 21, the words ' civil defence corps ' to: ' the State emergency preparedness '.

3. In section 22, the words ' civil defense ' to: ' rescue preparedness '.

4. In paragraph 24, the words ' civil defence corps ' to: ' the State emergency preparedness '.

section 73. The law on compulsory military service obligations fulfillment by civil work, see. lovbekendtgørelse nr. 588 of 8. September 1987 is amended as follows:




In paragraph 5, the words ' civil defense ' to: ' rescue preparedness '.



§ 74. In Act No. 193 of 24. May 1972 of fireworks shall be amended as follows:

1. In article 1, paragraph 1, the words ' of Justice ': ' the Interior '.

2. In article 2, paragraph 2, § 3 and § 5, the words ' of Justice ': ' the Interior '.

3. In article 4, paragraph 1, the words ' the State Fire inspection ' to: ' DEMA '.

4. In paragraph 5, the words ' the State Fire inspection ' to ' DEMA '.

§ 75. In Act No. 228 of 8. April 1992 on the provision of universal service funds for military defense and civil defence shall be amended as follows:




In the Act's title, article 1, paragraph 1, and section 4, paragraph 3, 5. paragraph, the words ' civil defense ' to: ' rescue preparedness '.



§ 76. The law on local government administration, see. lovbekendtgørelse nr. 483 of 21. June 1991, as amended by section 38 of law No. 337 of 14. May 1992, article 1 of law No. 479 of 24. June 1992 and section 5 of Act No. 501 of 24. June 1992, is inserted as new paragraph 69:



» section 69. If it is during the crisis or war is impossible to assemble the Municipal Council meeting, takes over the Finance Committee the powers of the Municipal Council and its committees. In municipalities with the magistrate's system, see. § 64, takes over the town Municipal Board's powers.

(2). It is impossible to gather the Economic Committee meeting during the crisis or war, controlled the Municipal Affairs of the Mayor. It is in the municipalities with the magistrate's system impossible to assemble the city officials to the meeting, the municipality is controlled by the Mayor.

(3). Communication on the application of the rules laid down in paragraphs 1 and 2 shall, at the earliest given to the Home Secretary. The Interior Minister may lay down detailed rules concerning the municipal administration during the crisis or war. "

§ 77. In the Act on Copenhagen municipality administration, see. lovbekendtgørelse nr. 484 of 21. June 1991, as amended by section 39 of law No. 337 of 14. May 1992, § 2 of the law No. 479 of 24. June 1992 and § 6 of the law No. 501 of 24. June 1992, pursuant to section 53 (a) shall be inserted:



» § 53 (b). If it is during the crisis or war is impossible to assemble Civil representation to the meeting, the civil magistrate takes over the Mission's powers.

(2). It is impossible to bring together city officials to the meeting during the crisis or war, the municipality is controlled by the Lord Mayor.

(3). Communication on the application of the rules laid down in paragraphs 1 and 2 shall, at the earliest given to the Home Secretary. The Interior Minister may lay down detailed rules concerning the municipal administration during the crisis or war. "

§ 78. The law on frikommuner, see. lovbekendtgørelse nr. 644 of 12. September 1991, as amended by Act No. 940 of 27. December 1991, section 95 of the Act No. 9 by 3. January 1992, Act No. 334 of 14. May 1992 and section 4 of Act No. 381 of 20. May 1992, shall be amended as follows:




section 18 (d) and section 47 are repealed.



Chapter 13

Date of entry into force and transitional provisions

§ 79. The law shall enter into force on the 1. January 1993.

(2). At the same time, are hereby repealed, without prejudice to article brandloven. lovbekendtgørelse nr. 365 of 28. July 1983, as amended by section 2 of Act No. 270 of 2. in May 1990, the law on civil defence, subject to article 20. lovbekendtgørelse nr. 517 of 28. July 1987, as amended by section 3 of Act No. 385 of 6. June 1991, and the law on the civil preparedness, see. lovbekendtgørelse nr. 279 of 3. June 1985, as amended by section 6 of the law No. 192 of 29. March 1989, see. However, paragraphs 3 and 4.

(3). Fire Act Chapter 5 and § 33 (1) and (2) and (4)-8, section 34 and section 35 shall remain in force until they are repealed by virtue of section 4 of the basic regulation. section 2 of law No. 270 of 2. May 1990 amending ordnance, brandloven and municipal planning act.

(4). The time of the lifting of the fire section 37, paragraph 2, and section 38 shall be established by the Minister for defence.

(5). Administrative regulations issued in accordance with brandloven of the basic regulation. paragraph 2, and former fire laws shall remain in force until they are replaced by regulations issued pursuant to this Act.

(6). Administrative regulations issued pursuant to the law on civil defence, subject to article 20. paragraph 2, and former civil defence legislation shall remain in force until they are replaced by regulations issued pursuant to this Act.

(7). Administrative regulations issued pursuant to the law on the civil preparedness, see. paragraph 2 shall remain in force until they are replaced by regulations issued pursuant to this Act.

(8). Violations of the regulations is maintained in accordance with paragraph 5-7 are punishable by fine or imprisonment up to 4 months, unless a higher penalty is provided for in the other legislation. Under special circumstances, the penalty increases to imprisonment for up to 2 years.

section 80. The Defense Minister lays down rules for the transfer to the municipal councils of local command centres and equipment, etc., which the State has placed at the disposal of the municipal civil defense.

§ 81. Bedriftværn, established in accordance with the legislation in force until 1. January 1993, maintained, unless the local authority after the application shall decide on the abandonment of these.

section 82. The law does not apply to the Faroe Islands and Greenland but may by Royal Decree is implemented in these regions with the variances, as the special Faroese or Greenlandic circumstances warrant.




Act No. 380 of 14. June 1995, which amended article 9, paragraphs 3 and 4, includes the following entry-into-force provision:



§ 5. The law shall enter into force on the 1. September 1995, § 1, nr. 7, 8, 14, 16, 17 and 18, § 2, nr. 6 and 7, § 3 and § 4 However, the 1. January 1996.

(2). (Omitted).




Act No. 232 of 2. April 1997, which amended section 9, paragraph 4, includes the following entry-into-force provision:



§ 14. The law shall enter into force on the 1. January 1998, without prejudice. However, paragraphs 2 and 3.

(2) (Omitted).




Act No. 1092 of 29. December 1997, which amended section 9, paragraph 3, includes the following entry-into-force provision:



§ 3. The law shall enter into force on the 1. January 1998.




Act No. 339 of 17. in May 2000, which amended article 9, paragraphs 2 and 3, article 10, paragraph 2, article 11, paragraph 1, and article 21, paragraph 23 (a) inserted, changed section 25, paragraphs 1 and 2, article 35, paragraph 3, and § 36, § 36 (a) inserted, changed section 37, paragraph 2, § 47 and section 53, paragraph 1, section 54 (a) and section 54 inmates (b) and section 56 amended, paragraph 1, contains in paragraph 4 the following effective determination:



§ 4. The law shall enter into force on the 1. July 2000.




Act No. 418 of 31. date of entry into force in May 2000, contains the following provision:



§ 113. The law shall enter into force on the 1. July 2000.

(2). (Omitted).

(3). At the same time repealed the following rules:





1) (Omitted).

2) (Omitted).

3) section 47 of the emergency law, see. Act No. 1054 of 23. December 1992, as last amended by section 2 of Act No. 1092 of 29. December 1997.





Paragraph 4-6. (Omitted).




Act No. 293 of 30. April 2003 which repealed section 1, paragraph 2 2. paragraph, section 2 and section 4, paragraphs 3-5, amended section 5, paragraph 1, § 9, paragraph 2, 6. paragraph, amended § 9 (3) and (4) inserted section 10 (2), 5. section, repealed section 11 and section 12 (2) amended article 12, paragraph 4, and section 17 (1) recast the heading to Chapter 5 and § 24, amended section 25 (1) and (2), section 27 and section 28 (1) and (2) repealed Chapter 6, inserted a new paragraph 2 in section 35, amended section 38 (2) of section 45 and section 51, paragraph 3, section 54, paragraph 2, as well as the amended section 57 and section 65 (4) 2. paragraph, includes the following entry-into-force provision:



§ 2. The law shall enter into force on the 1. July 2003.

(2). § 1, nr. 3, however, enters into force only after the Defence Minister's quantification.




Act No. 381 of 28. in May 2003, which amended section 9, paragraph 3, of the emergency law, see. lovbekendtgørelse nr. 912 of 2. October 2000, as amended by Act No. 293 of 30. April 2003, includes the following entry-into-force provision:



§ 6. The law shall enter into force on the 1. January 2004.

Paragraphs 2 to 12. (Omitted).




Act No. 69 of 4. February 2004, which amended section 60, paragraph 1, § 68, section 69, paragraph 2, section 70, paragraphs 1 and 4, as well as section 79, paragraph 8, of the emergency law, see. lovbekendtgørelse nr. 912 of 2. October 2000, as amended by Act No. 293 of 30. April 2003 and law No. 381 of 28. May 2003, includes the following entry-into-force provision:



§ 21. The law shall enter into force on the 1. July 2004.


(2). (Omitted)




Act No. 534 of 24. June 2005, who recast article 25, paragraphs 2 and 3, as well as the amended section 27, in emergency law, see. lovbekendtgørelse nr. 137 of 1. March 2004, includes the following entry-into-force provision:



§ 2. The law shall enter into force on the 1. January 2007.




Act No. 1060 by 9. November 2005, pursuant to section 33, paragraph 2, of the emergency law, see. lovbekendtgørelse nr. 137 of 1. March 2004, as amended by Act No. 534 of 24. June 2005, inserted paragraph 3 and paragraph 4 as new pieces, in which case paragraph 3 became paragraph 5, includes the following entry-into-force provision:



§ 3. The law will enter into force on 14. November 2005. The Bill can be confirmed immediately after its adoption.




Act No. 538 of 8. June 2006 which throughout the emergency law, see. lovbekendtgørelse nr. 137 of 1. March 2004, as amended by Act No. 534 of 24. June 2005 and section 2 of Act No. 1060 by 9. November 2005, modified the ' police chief ' to: ' Police Director ' and in section 17, paragraph 1, repealed, see '. Code of civil procedure § 108 ', includes the following entry-into-force provision:



§ 105. The law shall enter into force on the 1. January 2007, see. However, paragraph 2-22 and § 106.

Paragraph 2-22. (Omitted)




Act No. 1600 by 20. December 2006, which repealed section 33, paragraphs 3 and 4, according to which paragraph 5 (3) of the Emergency Act, see. lovbekendtgørelse nr. 137 of 1. March 2004, as amended by Act No. 534 of 24. June 2005, § 2 of the law No. 1060 by 9. November 2005 and section 101 of the Act No. 538 of 8. June 2006, includes the following entry-into-force provision:



§ 3. The law shall enter into force on the 1. July 2007.




Act No. 508 of 6. June 2007, that after chapter 5 inserted a new chapter 6 Radio communication and a new section 29 in emergency law, see. lovbekendtgørelse nr. 137 of 1. March 2004, as amended most recently by § 2 of the law No. 1600 by 20. December 2006, includes the following entry-into-force provision:



§ 2. The law shall enter into force on the 1. August 2007

(2). section 29 of the emergency law as amended by this Act, section 1, no. 1, applies only in the municipalities and regions where the nationwide radiokommunikationsnet is operational.




Act No. 1335 by 19. December 2008, which inserted article 12, paragraph 3, in which case paragraph 3 became paragraph 4 amended section 13, paragraph 1. 2. paragraph, section 28 (a) inserted, changed § 33 (1). 1, section 33 (a) inserted, modified section 34, paragraph 2, article 35, paragraph 3, and section 36, paragraph 1, as well as section 70, paragraph 5, 1. paragraph, includes the following entry-into-force provision:



§ 2. The law shall enter into force on the 1. January 2009.
The Defense Ministry, the 10. June 2009 Søren Gade/Susan Nissen Official notes 1) Then Chapter 6 was repealed by Act No. 293 of 30. April 2003. Chapter 6 and section 29 was amended by law No. 508 of 6. June 2007.