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Executive Order On Competent Authorities And Supplementary Provisions, In Accordance With European Parliament And Council Regulation (Ec) No 782/2003 Of 14. April 2003 On The Prohibition Of Organotin Compounds On Ships, As Well As Commission Regulation...

Original Language Title: Bekendtgørelse om kompetente myndigheder og supplerende bestemmelser i henhold til Europa-Parlamentets og Rådets forordning (EF) Nr. 782/2003 af 14. april 2003 om forbud mod organiske tinforbindelser på skibe, samt Kommissionens forordning (EF) Nr. 536/20

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Table of Contents

Appendix 1

Publication of competent authorities and additional provisions pursuant to Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14. April 2003 on the prohibition of organic compounds on ships, as well as Commission Regulation (EC) No 536/2008 of 13. June 2008 on the implementation of Article 6 (2). Regulation 3, and Article 7 of Regulation (EC) No, of the European Parliament and of the Council 782/2003 on the prohibition of organic tine compounds on ships and amending this Regulation 1)

In accordance with section 33 (4), 1, § 48, § 58 a, § 61 and section 62 on the protection of the marine environment, cf. Law Order no. 929 of 24. On September 2009, and after negotiating with the Minister for Economic and Business Affairs,

Definitions and so on

§ 1. The 2003 Regulation is understood : Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14. April 2003 on the prohibition of organic compounds on ships.

Paragraph 2. The 2008-Regulation is understood : Commission Regulation (EC) No 536/2008 of 13. June 2008 on the implementation of Article 6 (2). Regulation 3, and Article 7 of Regulation (EC) No, of the European Parliament and of the Council 782/2003 on the prohibition of organic tine compounds on ships and amending this Regulation.

Paragraph 3. Competent authority in Denmark, in accordance with the 2003 Regulation and the 2008 Regulation, is the City and Rural Development Agency.

Syn and Certification

§ 2. The Danish Maritime Service shall be authorised to perform the surveys and issue the AFS certificates laid down in Article 6 of the 2003 Regulation and its Annexes I and Annex II.

Paragraph 2. The Maritime Service Management Board shall be authorised to authorize classification societies, on behalf of the Environment Minister, to issue certificates and survey on ships, including carrying out investigations and sampling on ships, in accordance with this notice, cf. Act 48 a.

Paragraph 3. The provisions of Article 48 (a) (a), 2-5 shall also apply to the Maritime Management Board in connection with an authorization pursuant to paragraph 1. 2.

Danske ships with gross tonnage of 400 and more

§ 3. Danish ships which are covered by Article 6 (3) of the Regulation. 1 (a) shall apply for and lead to an AFS certificate issued in accordance with Annex I to the 2003 Regulation I and Annex II, cf. § 2.

Danske ships with a length of 24 metres and above, but with a gross tonnage of less than 400

§ 4. Danske ships covered by Article 6 (1) of the 2003 Regulation. paragraph 1 (b) must complete and carry out an AFS declaration completed in accordance with the form set out in Annex 1.

Foreign ships

§ 5. Foreign ships shall carry the evidence referred to in Article 2 of the 2008-Regulation to show that they comply with the provisions of Article 5 of the 2003 Regulation.

Payment

§ 6. The Maritime Maritime Service may charge charges for its costs for the performance of surveys and certification under section 2 (2). 1, cf. Article 58 a (3) of the law. 2.

Supervision

§ 7. The City and Rural Office, assisted by the Maritime Agency, shall ensure that the rules laid down in this notice, the 2003 Regulation and the 2008 Regulation are complied with. The Maritime Service reports transgressions to the city and the National City Council.

Paragraph 2. In the first paragraph, In the case of the operation of the City and Landings Management measure, the use of the anti-grinning system in accordance with the provisions of the City and Rural Development Management Board may be subject to the measures Section 45 (2) of the law. 2.

§ 8. The decisions of the City and Rural Development Agency following the regulations and notices cannot be brought to the second administrative authority.

Punishment

§ 9. Unless higher penalties have been imposed on the other legislation, the penalty shall be punished by fine ;

1) in breach of section 3, do not apply for and result in an AFS certificate,

2) in breach of section 4, fails to fill and produce an AFS declaration,

3) in violation of section 5, the necessary documentation shall be failing to provide the necessary documentation ;

4) in violation of Article 4 of the 2003 Regulation, anti-gran antigen groners containing organic compounds with biocidal products,

5) in contravention of Article 5 of the 2003 Regulation, a anti-gronation system containing organic compounds with biocidal function, with the minor anti-groners, is covered with a stocking which hinders these compounds being washed out of the system ; underlying antisystem gring;

Paragraph 2. The sentence may rise to prison for two years if the infringement has been committed intentionally or by gross negligence and if there is a breach of the infringement proceedings ;

1) damage to the environment or to the detriment of the environment, or

2) obtained or secured an economic advantage for the person concerned itself or others, including in savings.

Paragraph 3. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Paragraph 4. Paragraph 2 shall not apply to infringements committed by foreign ships, unless the offence has been committed in the territory of the internal territorial waters. For offences committed by foreign ships in the outer territorial waters, the sentence may rise to prison for up to two years if deliberate and serious pollution of the marine environment is intentional and serious.

Entry into force

§ 10. This notice comes into force on the fourth. January, 2010.

Paragraph 2. Publication no. 909 of 9. September 2008, on the competent authorities and supplementary provisions, pursuant to Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14. April 2003 on the prohibition of organic compounds on ships, as well as Commission Regulation (EC) No 536/2008 on 13. June 2008 on the implementation of Article 6 (2). Regulation 3, and Article 7 of Regulation (EC) No, of the European Parliament and of the Council 782/2003 on the prohibition of organic tine compounds on ships and amending this Regulation shall be repealed.

Paragraph 3. AFS certificates and AFS declarations issued in accordance with the current rules in force shall retain their validity.

Paragraph 4. Applications received before the time referred to in paragraph 1. The date referred to above shall be subject to the date on which the current rules

The Ministry of Environment, the 20th. November 2009Troels Lund Poulsen / Helle Pilsgaard

Appendix 1

DECLARATION ON ANTIFOULING SYSTEM

DECLARATION CONCERNING ANTI-CROP SYSTEMS
Drawn up under the International Convention on the Control of harmful anti-fouling systems on ships
Done by the International Convention on the control of harmful anti-processing systems
Name of ship
Name of ship : ...........................................................................................................................................
Distinctive numbers or letters
Kendals : ................................................................................................................................
Port of registry
Home : ................................................................................................................................................
Length
Length : ..................................................................................................................................................................................
Gross tonnage
Gross tonnage : ........................................................................................................................................
IMO-number if applicable
IMO number (if applicable) : .................................................................................................................
I declare that the anti-fouling system used on this ship. with the I of the Convention
I, the undersigned, declare that the anti-processing system applied to this ship is in accordance with the provisions of the Convention.
................................................................................................................................................................
(Date) (Owner or owner's agent authorized signature)
(Date) (The shipowner or the shipowner's authorized. Signature of agent
Endorsement of antifouling system (s) applied
Insertion of anti-crop anti-gronings on claims
Type (s) of antifouling system (s) used and date (s) of application
Type of anti-gronation system / systems used and date (s) :
................................................................................................................................................................
(Date) (Owner or owner's agent authorized signature)
(Date) (signature of the shipowner or the shipowner's authorized agent)
Type (s) of antifouling system (s) used and date (s) of application
Type of anti-gronation system / systems used and date (s) :
................................................................................................................................................................
(Date) (Owner or owner's agent authorized signature)
(Date) (signature of the shipowner or the shipowner's authorized agent)
Type (s) of antifouling system (s) used and date (s) of application
Type of anti-gronation system / systems used and date (s) :
................................................................................................................................................................
(Date) (Owner or owner's agent authorized signature)
(Date) (The shipowner or the shipowner's authorized. Signature of agent
Official notes

1) The notice is in addition to the provisions of Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14. April 2003 on the prohibition of organic tine compounds on ships and Commission Regulation (EC) No 536/2008 of 13. June 2008 on the implementation of Article 6 (2). Regulation 3, and Article 7 of Regulation (EC) No, of the European Parliament and of the Council 782/2003 on the prohibition of organic tine compounds on ships and amending this Regulation.