Law On The Amendment Of Næringsloven, Marketing, Business Promotion Act And Various Other Acts At The Ministry Of Economic And Business Affairs Area (Rule Simplification For Providers, Accountability For Service Providers, Rules On Accreditation And M...

Original Language Title: Lov om ændring af næringsloven, markedsføringsloven, erhvervsfremmeloven og forskellige andre love på Økonomi- og Erhvervsministeriets område(Regelforenkling for tjenesteydere, oplysningspligt for tjenesteydere, regler om akkreditering og metrologi samt o

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=124837

Law on the amendment of næringsloven, marketing, business promotion Act and various other acts at the Ministry of economic and business affairs 1)

(Simplification of service providers, accountability for service providers, rules on accreditation and metrology, as well as creating a product contact point)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In the law on circulation of property, see. lovbekendtgørelse nr. 1073 by 2. November 2006, as amended by section 3 of Act No. 123 of 13. February 2007 and section 163 of the Act No. 1336 of 19. December 2008, is amended as follows:

1. section 8, paragraph 2, 1. paragraphs, are hereby repealed.

§ 2

The law on approval of electricians: etc., see. lovbekendtgørelse nr. 989 of 8. December 2003, as amended, inter alia, by section 2 of Act No. 1601 by 20. December 2006 and at the latest upon section 5 of law No. 375 by 27. May 2008, shall be amended as follows:

1. section 4, paragraph 3, § 5, paragraph 3, 1. PT., and § 7 (1) (8). 4, is repealed.

2. In article 9, paragraph 1, no. 2, be inserted after ', ': ' or ' self-monitoring.

3. In article 9, paragraph 1, no. 3, the words ' article 6, paragraph 2, or the ' to: ' section 6 (2). '

4. section 9, paragraph 1, no. 4, is repealed.

5. In section 10, paragraph 2 2. paragraph, the words ' without prejudice to article. However, paragraph 3 '.

6. Article 10, paragraph 3, are repealed.

7. In paragraph 14 (a), 2. paragraph, the words ' article 7, paragraph 1, no. 3 and 4 ' to: ' section 7 (1) (8). 3 '.

§ 3

The law on gas installations and installations in connection with water and drainage pipes, see. lovbekendtgørelse nr. 988 of 8. December 2003, as amended by section 2 of Act No. 1382 of 20. December 2004, § 1 of lov nr. 1601 by 20. December 2006 and section 2 of Act No. 375 by 27. May 2008, shall be amended as follows:

1. § 7 (3), 1. paragraphs, are hereby repealed.

2. section 8 (1) (8). 3, is repealed.




No. 4 is then no. 3.



3. In article 12, paragraph 1, no. 2, be inserted after ' executed works, ': ' or '.

4. In article 12, paragraph 1, no. 3, the words ' and article 9, paragraph 6, or ' to: ' and § 9, paragraph 6. '

5. Article 12, paragraph 1, no. 4, is repealed.

6. In article 12, paragraph 3, the words ' no. 1-4 ' to: ' no. 1-3 '.

7. Article 12, paragraph 5, shall be repealed.

8. In paragraph 24 (a), the words ' article 8, paragraph 1, no. 3 and 4 ' to: ' section 8, paragraph 1, no. 3 '.

§ 4

In næringsloven of the basic regulation. lovbekendtgørelse nr. 185 of 25. March 1988, as amended by section 9 of Act No. 936 of 27. December 1991, article 33 of law No. 453 of 30. June 1993, article 39 of law No. 1071 of 20. December 1995, article 11 of law No. 377 of 22. May 1996, section 13 of the Act No. 386 of 22. May 1996, § 1 of lov nr. 232 of 2. April 1997, § 3 of law No. 414 of 26. June 1998, § 2 of the law No. 306 of 30. April 2003, section 13 of the Act No. 606 of 24. June 2005, article 45 of law No. 538 of 8. June 2006 and law No. 549 of 8. June 2006, shall be amended as follows:

1. section 1, paragraph 1 is replaced by the following: "this law applies to independent nutritional business as merchants, craftsman, industry operators and trucking companies. '

2. In article 2, paragraph 1, the words ' article 1 (1) (8). 1-3 ' to: ' section 1, paragraph 1 '.

3. § 2, paragraph 2-5, and section 3 (2), (3). paragraphs, are hereby repealed.

4. In article 5, paragraph 1, the words ' article 1 (1) (8). 1-3 ' to: ' section 1, paragraph 1 '.

5. § 5, paragraph 2, is hereby repealed.




Paragraphs 3 and 4 become paragraphs 2 and 3.



6. § 5, paragraphs 3 and 4, there will be (2) and (3) shall be replaced by the following: ' (2). Others in this country resident limited liability companies, including companies with varying membership or varying capital, associations, foundations and other self-governing institutions, have the right to operate the food as mentioned in § 1, paragraph 1, when the directors and a majority of Board members fulfil the conditions laid down in section 2 of the basic regulation. § 3, to drive him or her nourishment.

(3). Branches of foreign companies, etc. of the referred to in paragraphs 1 and 2 species may only operate food as mentioned in § 1, paragraph 1, if this is provided for in an international agreement, or by rules laid down by the Danish Commerce and companies Agency. The Danish Commerce and companies agency may, in addition, allow this in exceptional cases. Branch managers must comply with the conditions laid down in section 2 of the basic regulation. § 3, paragraph 1, in order to drive him/her food. '

7. In article 6, paragraph 1, the words ' must have nutrition letter, see. section 2, paragraph 2, or '.

8. sections 7 (a) and 7 (b) is repealed.

9. section 9, paragraph 2, is hereby repealed.




Paragraph 3 becomes paragraph 2.



10. In the heading of Chapter 4 shall be replaced by ' freight forwarders and hauliers ' to: ' hauliers '.

11. § 19 is repealed.

12. Section 5 is repealed.

13. Article 27, paragraph 1, is replaced by the following: ' The wrongly driver one of the in clause 1 (1), as well as the næringer who violates section 4, section 6, section 10, paragraph 1, article 12 (4) or (5) section 12 (a), paragraph 1, 4th paragraph, article 14, paragraph 2, article 15, paragraph 2, 2nd paragraph, section 17, paragraph 2, or section 18 is punishable by a fine. "

14. In section 30 shall be deleted ' as the shipping agent and '.

§ 5

In Act No. 226 of 22. April 2002 about maritime education is amended as follows:

1. section 4, paragraph 4, shall be replaced by the following: ' (4). The Danish maritime authority can, upon request, approve education and courses, which are held abroad. The expenditure for the Danish maritime authority that is connected therewith, shall be paid by the person making the request for approval. '

§ 6

The law on diving work and diving equipment, etc., see. lovbekendtgørelse nr. 18 of 7. January 2000, as amended by section 4 of Act No. 1173 of 19. December 2003, shall be amended as follows:

1. Article 6, paragraph 2, is hereby repealed.

2. section 8, paragraph 2, is hereby repealed.




Paragraph 3 becomes paragraph 2.



3. Article 9, paragraphs 4 and 5, shall be repealed.

4. In section 10, paragraph 3, the words ' article 8, paragraph 3, 2. paragraph ' to: ' section 8, paragraph 2, 2nd paragraph. ' 5. § 11 shall be replaced by the following: ' article 11. A person with a foreign commercial diver certificate which satisfies the conditions laid down in European Parliament and Council directive on the recognition of professional qualifications, are permitted to perform diving work in this country.

(2). The Minister for economic and business affairs may lay down detailed rules on access to the exercise of commercial diving, including those relating to the recognition of foreign professional diving qualifications and about the service provider's duty to provide information to recipients of services. '

§ 7

In Act No. 1389 by 21. December 2005 concerning the placing on the market, as amended, inter alia, by law No. 1547 by 20. December 2006 and at the latest by the section 4 of Act No. 181 of 28. February 2007, shall be amended as follows:

1. As a footnote to the title of the Act shall be inserted: ' 1) Act contains provisions implementing parts of the European Parliament and of the Council Directive 2005/29/EC of 11. May 2005 about corporate unfair-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC and European Parliament and Council Directive 97/7/EC, 98/27/EC and 2002/65/EC and European Parliament and Council Regulation (EC) No 1782/2003. 2006/2004 (the unfair commercial practices directive) (Official Journal of the European Union 2005 nr. L 149, p. 22-39) as well as parts of a European Parliament and Council Directive 2006/123/EC of 12. December 2006 on services in the internal market (services directive) (Official Journal of the European Union 2006 nr. L 376, p. 36). '

2. Pursuant to section 7 shall be added:

» § 7A. The Minister for economic and business affairs shall lay down detailed rules in order to comply with the provisions of European Parliament and Council directive on services in the internal market, which concerns the obligation for service providers to provide information to recipients of services. '

3. In section 10, paragraph 1, the following is inserted as a 2. item:

' 1. the paragraph does not apply to service providers established in another EU/EEA country and temporarily provide services in Denmark, where redemption of discount coupon going on outside of Denmark. '

4. In section 11 paragraph 4 is inserted:

' (4). The provision of paragraph 1 shall not apply to service providers established in another EU/EEA country and temporarily provide services in Denmark, where the draw and prize redemption in connection with competition taking place outside Denmark. '

§ 8

In Act No. 602 by 24. June 2005 for business promotion, as amended by section 3 of Act No. 375 by 27. May 2008 and section 157 of the Act No. 1336 of 19. December 2008, shall be amended as follows:

1. In article 2, paragraph 1, no. 7, the words ' economic development and ': ' business development '.

2. Article 2, paragraph 1, no. 8 is replaced by the following: ' 8) activities to promote accreditation, '

3. In article 2, paragraph 1, shall be added as no. 9 and 10:

» 9) activities to promote standardization and

10) activities for the promotion of metrology. '

4. paragraph 3 shall be inserted in paragraph 4:

' (4). The Minister for economic and business affairs may lay down rules that are necessary for the use in this country of a European Parliament and Council Regulation No 40/94. 764 of 9. July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 1254/1999. 3052/95/EC of 13. December 1995, establishing a system of mutual information on national measures derogating from the principle of the free movement of goods within the community. '

5. § 4, paragraph 3 is replaced by the following: ' (3). The Minister for economic and business affairs may transfer its powers in accordance with Chapter 7 of the Danish safety technology authority. '

6. In paragraph 4 shall be inserted after paragraph 3 as a new paragraph:
' (4). The Minister for economic and business affairs may restrict the powers pursuant to paragraph 3 are assigned to the Security Agency, and which relates to the administration of the metrological rules laid down pursuant to § 15, can be assigned to another public authority or a private institution. The Danish safety technology authority included, where appropriate, the necessary agreements to this effect. Assigned the powers referred to in 1. paragraph, to a private institution, the provisions of the administrative procedure code and the law on open Government apply to the institution's business with the administration of the territory concerned. '




Paragraph 4 becomes paragraph 5.



7. section 14 shall be replaced by the following: ' § 14. The Minister for economic and business affairs shall lay down the rules relating to accreditation, as necessary for the implementation of European Parliament and Council Regulation No 40/94. 765 of 9. July 2008 about the requirements for accreditation and market surveillance in connection with the marketing of products, including rules on the designation of a national accreditation body and its task the safeguarding of the basic regulation. paragraph 2, and shall conclude the necessary agreements to this effect. Administrative procedure code shall apply to the accreditation body performing accreditation activities.

(2). The Minister for economic and business affairs is to define the rules, which are necessary for the application here in the land of the regulation referred to in paragraph 1, including rules about the body referred to in paragraph 1, the accreditation of enterprises to URf.eks. testing, calibration, medical examinations, certification, inspection, certification, verification, and environmental verification of CO2 as well as rules on penalties for non-compliance with any accreditation.

(3). The accreditation body may, by separate agreement with the Minister for economic and business affairs carry out, accreditation abroad. '

8. section 15 (1) is replaced by the following: ' the Minister for economic and business affairs lays down rules on metrology, including about which units of measure applicable, rules on the establishment and maintenance of primary and reference standards, rules on metrology and measurement instruments and their use, rules on notification of verifications to be measuring instruments, rules on metrological controls, rules on which items to be sold in certain units in terms of measurement or weight including rules on classification, sorting, and the like, as well as rules on the notification of conformity assessment bodies to carry out tasks in accordance with national and Community law. '

9. In article 15, paragraph 2, the words ' primary laboratories and national reference laboratories ' to national metrology institutes: ' '.

10. In article 15, paragraphs 2 and 3, the words ' Security Agency or the Agency authorizes it, ' to: ' the Minister for economic and Business Affairs '.

11. section 15, paragraphs 4 to 6, is repealed.

12. section 16 is replaced by the following: ' § 16. The national accreditation body can within a framework agreed between the Agency and the Minister for economic and business affairs charge for operating tasks that relate to the accreditation service. By the accreditation service means URf.eks. accreditation of laboratories for testing and calibration and accreditation of enterprises and individuals for certification, inspection, certification, carbon verification and verification environment.

(2). A public authority or a private institution under section 4, paragraph 4, shall undertake tasks with administration of rules on metrology, may charge a fee for, among other things. preparation of certificates and approvals as well as the designation of notified bodies in accordance with the rules laid down by the Minister for economic and business affairs. '

13. section 17 is replaced by the following: ' article 17. Decisions taken by the Minister for economic and Business Affairs has authorised, in accordance with this law or regulations issued pursuant to this Act may not be brought before another administrative authority.

(2). Decisions taken by the accreditation body, see. § 14, or a public authority or a private institution under section 4, paragraph 4, takes care of the administration of the metrological rules, may be brought before the Danish safety technology authority, see. However, paragraphs 3 and 4.

(3). Anyone who has received a decision on refusal or only partially respond to an application for accreditation or for a declaration of total or partial revocation or suspension of a granted accreditation, the accreditation body may be requested to carry out a new assessment of the case.

(4). If the re-examination of the case pursuant to paragraph 3 do not result in transferring the complainant fully met, the decision can be challenged before the klagenævnet for Udbud.

(5). Complaint in accordance with paragraphs 2 to 4 shall be submitted no later than 4 weeks after the decision is announced. If the appeal period expires on a Saturday, Sunday or a public holiday, the deadline is extended to the following business day. '

§ 9

§ 8, nr. 1-4, shall enter into force on the day after publication in the Official Gazette. Act §§ 1-7 and § 8, nr. 5-13, shall enter into force on the 28th. December 2009.

§ 10

(1). The law does not apply to the Faroe Islands and Greenland.

(2). Section 6 may, by Royal Decree be put into force for Greenland of the variances, as the special Greenlandic conditions warrant.

(3). § 8 may by Royal Decree be put into force for Greenland and the Faroe Islands with the derogations which the special Faroese and Greenlandic conditions warrant.
Given at Amalienborg, the 13. May 2009 MARGRETHE r./Lene Espersen Official notes 1) Act contains provisions implementing parts of a European Parliament and Council Directive 2006/123/EC of 12. December 2006 on services in the internal market (Official Journal No. L 376 of 27. December 2006, p. 36-38).