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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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=127309

Overview (table of contents) Annex 1 The full text of the notice of the 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 (EC) No 536/2008 of 13. June 2008 on the implementation of article 6, paragraph 3, and article 7 of the European Parliament and Council Regulation (EC) No 1782/2003. 782/2003 on the prohibition of organotin compounds on ships and amending this forordning1)

Under section 33, paragraph 1, § 48, section 58 (a), section 61 and section 62 of the Act on the protection of the marine environment, see. lovbekendtgørelse nr. 929 of 24. September 2009 and after negotiation with the Minister for economic and business affairs, lays down:

Definitions, etc.

§ 1. By 2003-regulation means a regulation of the European Parliament and Council Regulation (EC) No 782/2003 of 14. April 2003 on the prohibition of organotin compounds on ships.

(2). At the 2008 Regulation shall mean: Commission Regulation (EC) No 536/2008 of 13. June 2008 on the implementation of article 6, paragraph 3, and article 7 of the European Parliament and Council Regulation (EC) No 1782/2003. 782/2003 on the prohibition of organotin compounds on ships and amending that regulation.

(3). Competent authority in Denmark under the 2003 regulation and 2008-regulation is urban and landscape Agency.

Survey and certification

§ 2. The Danish maritime authority is authorised to carry out surveys and issue the AFS-certificates required in 2003-article 6 of the regulation and its annexes I and II.

(2). The Danish maritime authority is empowered to authorize classification societies to on behalf of the Minister of the environment to issue certificates and to carry out surveys on ships, including conduct investigations and samplings on ships, in accordance with the provisions of this Ordinance, without prejudice. section 48 (a).

(3). The provisions of section 48 (a), paragraphs 2 to 5 shall also apply for the Danish maritime authority in connection with an authorization in accordance with paragraph 2.

Danish ships of 400 gross tonnage and above

§ 3. Danish ships, which are the subject of the 2003 article 6, paragraph 1, point (a)) must apply for and result in an AFS-certificate issued in accordance with the 2003 Regulation, annex I and annex II of the basic regulation. § 2.

Danish ships with a length of 24 metres in length and over but less than 400 gross tonnage

§ 4. Danish ships covered by the 2003 article 6, paragraph 1 (b)) must fill out and cause an AFS-declaration completed in accordance with the form in annex 1.

Foreign ships

§ 5. Foreign ships must result in the in 2008-article 2 of the regulation specified documentation to show that they comply with the provisions of 2003-article 5 of the regulation.

Payment

§ 6. The Danish maritime authority may charge fees for its costs when conducting surveys and certification under section 2, paragraph 1, of the basic regulation. section 58 (a), paragraph 2.

Supervision

§ 7. Urban and landscape Agency, assisted by the Danish maritime authority, oversees that the rules set out in this notice, 2003-regulation and 2008-regulation are complied with. The Danish maritime authority shall report violations to the urban and landscape Agency.

(2). In it under paragraph 1, the supervision in urban and landscape Agency's measure taken samples of it used anti-fouling system, see. Article 45, paragraph 2.

§ 8. Urban and landscape Agency's decisions in accordance with the regulations and Ordinance cannot be brought before another administrative authority.

Penalty

§ 9. Unless a higher penalty is inflicted upon the rest of the law is punishable by a fine, the

1) in contravention of section 3, fails to apply for and result in an AFS-certificate

2) in contravention of section 4, fails to complete and lead to an AFS-Declaration,

3) in contravention of section 5 fails to bring about the necessary documentation,

4) contrary to 2003-article 4 of the regulation on ships inflicting or genpåfører anti-fouling systems containing organic tin compounds with biocides,

5) contrary to the 2003 article 5 of the regulation, using an anti-fouling system containing organic tin compounds with biocides, with less anti-fouling system is covered with a coating that prevents these compounds leached from the underlying anti-fouling system.

(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 therefor, or

2) obtained or provided 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). Paragraph 2 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.

Entry into force of the

§ 10. This Ordinance shall enter into force on 4 February. January 2010.

(2). Executive Order No. 909 of 9. September 2008 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 (EC) No 536/2008 of 13. June 2008 on the implementation of article 6, paragraph 3, and article 7 of the European Parliament and Council Regulation (EC) No 1782/2003. 782/2003 on the prohibition of organotin compounds on ships and amending that regulation should be repealed.

(3). AFS-certificates and AFS-declarations issued after the hitherto applicable rules retain their validity.

(4). Applications received before the date referred to in paragraph 1 shall be treated in accordance with the preceding rules in force.
The Ministry of the environment, the 20. November 2009 Troels Lund Poulsen/David Pilsgaard Annex 1

DECLARATION ON ANTIFOULING SYSTEM









 





DECLARATION ON ANTI-FOULING SYSTEMS





 





Drawn up under the International Convention on the Control of harmful anti-fouling systems on ships, drawn up in accordance with the International Convention on the control of harmful anti-fouling systems





 





Name of ship







Skibets navn:...........................................................................................................................................





 





Distinctive numbers or letters







Kendingsbogstaver:................................................................................................................................





 





Port of registry







Hjemsted:................................................................................................................................................





 





Length







Længde:..................................................................................................................................................





 





Gross tonnage







Bruttotonnage:........................................................................................................................................





 





IMO number if applicable







IMO-nummer (hvis relevant):.................................................................................................................





 





In declare that the antifouling system used on this ship complies with annex I of the Convention







I, the undersigned, hereby declare that the anti-fouling system used on this ship, in accordance with annex I to the Convention.





 





................................................................................................................................................................







(Date)         (Owner or owner's agent authorized signature)







(Date) (Owner or owner authorized agent signature.)





 





Endorsement of antifouling system (s) applied







Endorsements concerning inflicted on anti-fouling systems






 





Type (s) of antifouling system (s) used and date (s) of application







Type of anti-fouling system/systems that are used, and the application date (s):





 





................................................................................................................................................................







(Date)          (Owner or owner's agent authorized signature)







(Date) (Owner or owner authorized agent's signature)





 





Type (s) of antifouling system (s) used and date (s) of application







Type of anti-fouling system/systems that are used, and the application date (s):





 





................................................................................................................................................................







(Date)          (Owner or owner's agent authorized signature)







(Date) (Owner or owner authorized agent's signature)





 





Type (s) of antifouling system (s) used and date (s) of application







Type of anti-fouling system/systems that are used, and the application date (s):





 





................................................................................................................................................................







(Date)           (Owner or owner's agent authorized signature)







(Date) (Owner or owner authorized agent signature.)









Official notes 1) Executive order complements the provisions of European Parliament and Council Regulation (EC) No 782/2003 of 14. April 2003 on the prohibition of organotin compounds on ships and Commission Regulation (EC) No 536/2008 of 13. June 2008 on the implementation of article 6, paragraph 3, and article 7 of the European Parliament and Council Regulation (EC) No 1782/2003. 782/2003 on the prohibition of organotin compounds on ships and amending that regulation.