Overview (table of contents) Chapter 1 Law area
Chapter 2 Installation, maintenance and abandonment of port
Chapter 3 access to the use of a port
Chapter 4 organizational forms, etc.
Chapter 5 employment relationship
Chapter 5 a port facility security
Chapter 6 of the rules of procedure and appeals
Chapter 7 the punishment, entry into force, transitional provisions, etc., The full text of the Ordinance to the law on ports
Hereby promulgated Act No. 326 of 28. May 1999 on ports with the changes brought about by Act No. 1221 of 27. December 2003, section 12 of Act No. 581 of 24. June 2005, § 1 of lov nr. 586 of 24. June 2005 and section 8 of Act No. 548 of 6. June 2007.
§ 1. This law applies to ports, used for commercial expedition of goods, vehicles, persons and landings of fish.
(2). The provisions of sections 3, 4 and 15 shall, however, also apply to ports that are not used commercially.
section 1 a. Transportministeren1) lays down rules or provisions shall take in order to implement or apply international conventions and EU rules on matters covered by this law, including regulations, directives and decisions on nature protection in the port areas. In addition, the Secretary of State shall lay down rules on the grant of injunctions and prohibitions and information obligations, if such rules are necessary in order to implement or apply international conventions and EU rules on matters covered by this law.
Installations, maintenance and abandonment of port
§ 2. Construction of new port or expansion of an existing port requires authorization by the Secretary of State pursuant to this law.
(2). Expansion of an existing port for the construction of permanent facilities, dredging and filling in territorial waters within a port-wide works can be performed without permission in accordance with paragraph 1, unless the extension requires an assessment of the environmental impact of the plant. Secretary of State shall lay down rules on the subject.
(3). There may in connection with the granting of an authorisation pursuant to paragraph 1 shall be made conditions, including on security for the costs of removal of a harbor or parts of its works.
§ 3. Secretary of State shall, in accordance with the request of the decision on cost-sharing between ports in cases where several ports located at the same fjord or shipping lanes in the Association should perform works to the securing of the necessary water depth in the fjord or waterways or in association to carry out marking and ice-breaking. The Minister may also impose a port to participate in the cost of a work of that kind carried out by one or more ports in the same fjord or shipping lanes.
§ 4. The Transport Minister may grant injunctions of sound rehabilitation of a port works or, if necessary, removal of these.
(2). Secretary of State may issue the injunction that a port must be removed when it is no longer used.
Access to the use of a port
§ 5. The port has receive duty for ships, in so far as space and security considerations permit, unless otherwise determined by the Transport Minister in permits issued under previous legislation.
Organizational forms, etc.
§ 6. A port can be organized as
1) a State port,
2) a municipal port,
3) a municipal autonomous port,
4) a municipal owned public limited company in whole or in part or
5) a private law organised port not covered by nr. 4.
(2). Two or more municipal councils can drive one or more ports as referred to in paragraph 1, no. 2 or 3, as a municipal community, see. section 60 of the Act on municipalities ' authority. The municipal regulators ' decision on the approval of a municipal community on the operation of one or more ports shall be taken after consultation from the Transport Minister.
(3). If one or more ports are operated as a municipal community pursuant to paragraph 2, the Municipal Board of the tasks of the community in articles 8 and 9 shall be chaired by the Municipal Council.
§ 7. A port controlled by the Secretary of State or the State, as the Minister authorizes for that purpose.
(2). The Minister may set up a havneråd to perform the day-to-day operations. If a havneråd should be reduced, select Municipal Council in the municipality in which the port is located, 2 members of the Council. The Minister shall determine the ports the competence of the Council.
(3). The port responsible for the construction and operation of port infrastructure, including comprehensive works, wharves, docks and the adjacent land areas, and can further make cranes, warehouses and the like. available in order to operate the ships, stevedores, land tenants and others.
(4). Secretary of State or the Minister authorizes thereof, which sets tariffs for the use of the State's ports.
(5). The Transport Minister may decide that a State port is transferred to a municipality, see. section 6 (1). 2 and 3, or be transformed into joint-stock company, see. section 6 (1). 4 and 5.
§ 8. A municipal port controlled by the Municipal Council in the municipality, where the port is located.
(2). The port responsible for the construction and operation of port infrastructure, etc., including comprehensive works, wharves, docks and the adjacent land areas.
(3). If a municipal port has an annual goods turnover exceeding 0.5 million. t or have landings of fish to an annual landing value of over 100 million. DKK, the Municipal Council may decide that the Harbour will be transformed into one of the in clause 6 (1). 3-5, said port.
§ 9. A municipal autonomous port is an independent company, which is controlled by the Municipal Council in the municipality, where the port is located.
(2). The port's management is handled by a port Board of Directors elected by the Municipal Council. Harbour Board's membership must be odd. Of each Member shall be appointed a delegate that can be called when a member is unable to attend. The election takes place on Municipal Board's inaugural meeting and have impact on Municipal Board's term of Office. Port Board shall elect a Chairperson.
(3). The Municipal Council must approve the Board setting Statute of the Board of Directors in accordance with the port and accounts as well as decisions on the inclusion of loans and on recruitment and dismissal by the port Commander.
(4). The Municipal Council and the port Board shall, in the exercise of their jurisdiction carry out the port's interests. Port Board is over for the local authority responsible for the airport's operation and maintenance.
(5). The port responsible for the construction and operation of port infrastructure, including comprehensive works, wharves, docks and the adjacent land areas, and can further make cranes, warehouses and the like. available in order to operate the ships, stevedores, land tenants and others.
(6). If the conditions in the particular case so dictate, on application from the Secretary of the Municipal Council can authorise the port in addition to the tasks referred to in paragraph 5, may be responsible for port-related operator company and ship-related ancillary services, including pilotage, towing and trosse, either by themselves or in cooperation with private companies.
(7). Permission to conduct ship-related ancillary services in accordance with paragraph 6 are introduced as a pilot scheme and may be granted only if the port is able to document that, in the past 3 years has had an annual goods turnover of at least 1.5 million. tonnes of freight, and to its needs for maritime-related ancillary services is not met. Ship-related ancillary services must be exercised in a taxable company, and activities must be separated from the rest of the port operations in an independent company. The company can be owned and operated together with private players, and the company can perform various forms of marine-related ancillary services. A permit may be issued with a validity period of up to 5 years. Authorisation lapses if the company gives government deficit for three consecutive years.
(8). The port is operated in such a way that its revenue at least cover costs. Municipal Board of Directors determines the overall economic framework for the port's operation, and the port Board predisposes independently within the established framework of installation-and operating funds.
(9). The port's daily administration must be kept separate from the municipality.
Paragraph 10. The port's resources must be accounted for separately from the municipality, see. However, paragraph 13, 2. point Harbor to prepare income statement and balance sheet in accordance with the Danish financial statements Act. Moreover, financial reporting must be carried out according to the principles of financial statements Act. Audit of the accounts of a Councillor elected auditor.
Paragraph 11. Secretary of State shall lay down rules on the remuneration and expense allowance to port the Chairman of the Board of Directors and other members as well as their deputies. The costs shall be borne by the port box.
Paragraph 12. A municipal autonomous port may, in accordance with the Municipal Board's decision for a municipal port when the port is no longer in a competitive situation. A port is considered no longer to be in competition, when it has an annual turnover of less than 0.5 million tonnes of freight. t or have landings of fish to an annual landing value of less than 100 million. USD and has a cargo turnover of less than 0.3 million. tonnes. In addition, a port is considered not to be in competition, when the only serving a small number of businesses in the immediate vicinity of the airport and their cargo turnover cannot be moved to other ports.
Paragraph 13. A municipal self-government port must be changed to be a municipal port, where the assembled in 3 consecutive years has had a negative operating result after interest but before depreciation. The Municipal Council may, however, in special cases, with transport Minister's approval may decide instead to inject new capital port.
§ 10. A port organized as wholly or partly municipal-owned joint-stock company is a trader business. A port organized as an entire municipal owned public limited company shall be treated as State joint stock companies in the companies act and in the Danish financial statements Act.
(2). When a municipal autonomous port or a municipal port is converted into a public limited company and that in this context made contributions of equipment, etc., can yield, etc. to the shareholders be paid only after they have made provisions for maintenance and construction at the port.
(3). A port of wholly or partly organized as a municipal-owned limited liability company can, in addition to operating the port activities as a municipal autonomous port, see. section 9, paragraph 5, only perform port-related operator company, see. However, paragraph 4.
(4). If circumstances in the particular case so dictate, the Transport Minister, on application, allow the port in addition to the tasks referred to in paragraph 3, can conduct ship-related ancillary services, including pilotage, towing and trosse, either by themselves or in cooperation with private companies.
(5). Permission to conduct ship-related ancillary services in accordance with paragraph 4 is introduced as a pilot scheme and may be granted only if the port is able to document that, in the past 3 years has had an annual goods turnover of at least 1.5 million. tonnes of freight, and to its needs for maritime-related ancillary services is not met. Ship-related ancillary services must be exercised in a taxable company, and activities must be separated from the rest of the port operations in an independent company. The company can be owned and operated together with private players, and the company can perform various forms of marine-related ancillary services. A permit may be issued with a validity period of up to 5 years. Authorisation lapses if the company gives government deficit for three consecutive years.
§ 11. A private law organised Harbour is a trader undertaking, which is not in this law is limited in its access to conduct business.
§ 12. If a State port transformed into a Government Corporation, see. section 7, paragraph 5, is the State officials, which at this point serving in a State port, required to do service by joint stock company with the conservation of their employment relationship with the State, like the joint stock company in relation to the State is obliged to employ them. The same applies for State officers, serving in statshavns administrations in Esbjerg and Frederikshavn.
(2). The joint stock company offers referred to in paragraph 1, the State officials that, during a period of 2 years from the date of establishment of the company can be released for recruitment in this on special terms.
(3). To the State officials, who do not want to transition to employment in the company in accordance with paragraph 2, shall pay State wages, etc. and shall be borne by the cost of a pension in accordance with the rules laid down in the staff regulations.
(4). From the acquisition of the operations of the port joint stock company State they will refund the wages, etc., shall be paid in accordance with paragraph 3, and deposit current pension contributions to the State. Equivalent deposit company pension contributions to the State for the State officials, who pursuant to paragraph 2 released for employment in the company with the right to continue earning of civil service pension from the State. Pension contribution shall be established by the Minister of finance.
§ 13. § 12 shall apply mutatis mutandis to State officials employed by the State ports by a municipality, a municipal community or a municipal limited liability company's takeover of operations of a State or by the mentioned the whole or partial takeover by a State Corporation. The municipality, the municipal community or the municipal corporation is the face of the State and State officials committed in the same manner as a State Corporation. By a municipality or a municipal community takeover of the operation of a port State can offer of employment on special terms, see. Article 12, paragraph 2, should be replaced with an offer of employment as a civil servant in the municipality or the municipal community.
§ 14. The election of employee representatives to the Supervisory Board of joint stock companies, see. the Danish public companies Act section 49, paragraph 2, should take place no later than 4 months after that the company has taken over the operation of a port.
(2). The State officers lent to a public limited-liability company pursuant to sections 12 and 13, on an equal footing with the company's employees have the right to choose representatives to the company's Board of Directors and is similarly eligible for election to the Board of Directors. Similar applies to municipal officials loaned to a municipal corporation.
Chapter 5 (a)
Port facility security
section 14 (a). The Transport Minister may lay down rules on the security of port facilities. Secretary of State may determine, including the tasks related to security of port facilities in more specifically may be carried out by private individuals.
(2). The Transport Ministry's employees and others involved in the preparation of the port facility security assessments and port security plans, and who receives information pursuant to the rules adopted pursuant to paragraph 1 shall be subject to liability under the criminal code §§ 152-152 (e) committed to the man-in-the-keep secret information, see. However, paragraph 3.
(3). The information may be disclosed to foreign authorities and international organizations, when it follows from Denmark's international obligations.
section 14 (b). (repealed).
Rules of order and right of appeal
§ 15. The Transport Minister may lay down general rules on the observance of order in Danish ports.
(2). Secretary of State may also establish rules of procedure for the individual an individual port on the recommendation of the port accordingly.
(3). The port must by postings on the port area provide information about the rules of procedure, including the rules of Procedure say what can be seen in its entirety.
(4). Ordinal regulations laid down pursuant to previous port legislation, shall remain in force until they had to be replaced by a regulation drawn up pursuant to paragraph 2. Ports without the rules of procedure in accordance with paragraph 2 must submit such a setting in the 1. January 2006.
§ 16. Appeal against the allocation of berth in ports, which have receive duty, shall be lodged at one of the transport set up boards, see. paragraphs 2 and 3. The Board's decision cannot be brought before another administrative authority.
(2). The Board consists of 5 members, who are appointed by the Secretary of State. The President must have a legal degree. The 4 other members must represent respectively port technical, maritime, rederimæssig and fiskerimæssig expertise. Appointment of alternates for the Chairman and the other members.
(3). Secretary of State shall lay down the rules of procedure of the Board.
§ 17. Complain about the management of a State port shall be submitted to the Secretary of State.
(2). Complain about the management of a municipal self-government port brought to the Municipal Council. If the port is operated as a municipal community, however, the complaint shall be submitted to the Administrative Board of the municipal community.
(3). Decisions of the Municipal Council or Board of a municipal community brought with regard to matters covered by this law, for Secretary of State.
(4). Complaint concerning a municipal owned public limited liability company, or a private's compliance with this law be referred to the Secretary of State.
(5). Complaint deadline is 4 weeks from the day the decision is announced.
§ 17 a. leaves Secretary of his powers to take decisions in accordance with the law or in accordance with the provisions laid down in accordance with the law to an institution under the Ministry of Transport, the Minister may lay down rules on access to complain about decisions, including whether that decisions cannot be challenged before the higher administrative authority.
Punishment, entry into force, transitional measures, etc.
§ 18. With fine punished anyone who
1) fails to comply with a decision taken pursuant to paragraph 3 or
2) fails to comply with an injunction issued under section 4.
(2). In regulations issued under the law, can be fixed penalty of fines for violation of the provisions of the legislation.
(3). In regulations issued under the law, can be fixed penalty of fine for violation of the rules laid down in the Community regulations on the port area.
(4). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
§ 19. The law shall enter into force on the 1. January 2000. section 26 shall enter into force on 1 January, however. June 1999.
(2). Act No. 316 of 16. May 1990 on ports, etc. shall be repealed.
(3). The regulations, the Transport Minister has issued, pursuant to law No. 316 of 16. May 1990 concerning traffic ports etc., shall remain in force until they had to be replaced by regulations issued pursuant to this Act. Violation is punishable in accordance with the existing rules.
(4). In the period up to 1. January 2002 authorization for the construction of new port under section 2, paragraph 1, only if the particular reason exists.
§ 20. Notwithstanding section 9, paragraph 5, they remain, as transport Secretary after the permissions rules in force so far have notified the port to perform stevedore company, in force.
(2). Notwithstanding section 7, paragraph 3, article 8, paragraph 2, and article 9, paragraph 5, can ports, which have so far carried out ship-related ancillary services, including pilotage, towing and marketing, continue to perform these services trosse.
§ 21. A port, whose scope is limited, is controlled by the port owner in accordance with the conditions in accordance with former legislation are provided by the transport Secretary in the permit for the port's start-up or expansion, see. However, paragraph 5. Violation of the terms be punished in accordance with the existing rules.
(2). Conditions on the limitation of one's scope of application as referred to in paragraph 1 shall lapse if the port owner shall make notification to the Secretary of State that the Harbour will extend its scope in relation to the original authorization. Term may, however, be no earlier than fall for the notification with effect from 1 January. January 2004 or later.
(3). Secretary of State may in exceptional cases authorise the terms on the restriction of the scope of lapses in Copenhagen an the time limit referred to in paragraph 2.
(4). By cancellation of terms in accordance with paragraphs 2 and 3 receive port to receive the obligation referred to in article 6. § 5.
(5). Secretary of State, however, may in exceptional circumstances authorise the transport of goods, etc., standalone, that is outside the scope of the airport.
§ 22. Decision a's organization form after this Act may be taken in 1. January 2000, so that the decision can take effect at this time.
(2). Ports per 1. January 2000 is organized as a municipally-controlled ports, surpassing to be municipal autonomous ports, unless they Municipal Council within the framework of this law shall decide on other organizational form.
(3). By a municipally controlled traffic's transition to municipal self-government Municipal Council selects a port port Board, see. § 9, paragraph 2. The Municipal Council may, however, decide that the ports must consist of the members of the Board under section 19, paragraph 2, of the law on local government administration reduced port range.
(4). In section 9, paragraph 13 referred to the earliest period is counted from 1. January 2000.
§§ 23 – 26 (Omitted)
§ 27. The law does not apply to the Faroe Islands and Greenland.
Act No. 1221 of 27. December 2003 on amendments to the law on ports and repealing certain laws on construction of port (port facility security, etc.) relating to section 5, section 6, paragraph 3, article 9, paragraph 2, 1. section, § 9, paragraph 7, 2. section, § 9, paragraph 8, § 9, paragraph 9, Cape. 5 a, § 15, § 17, paragraphs 1 to 3, article 17, paragraph 4, article 17, paragraph 5, section 17 (a), article 18, paragraph 3, article 21, paragraph 1, and article 21, paragraph 5 includes the following entry-into-force provision:
The law shall enter into force on the 1. January 2004. § 1, nr. 7, however, shall enter into force on the day after publication in the Official Gazette.
(2). The following laws are hereby repealed:
1) law of 24. April 1868 for the construction of a port in Esbjerg.
2) Act No. 182 of 31. March 1917 on the construction of fishing ports on the Western coast.
3) Law No. 173 of 29. April 1960 on Hanstholm Harbour.
Act No. 581 of 24. June 2005 amending law on coastal protection, various laws on digeanlæg, law on ports, the law on aviation and law on the færgefart (impact corrections as a result of local government reform), relating to article 6, paragraph 2 2. paragraph, includes the following entry-into-force provision:
The law shall enter into force on the 1. January 2007
Act No. 586 of 24. June 2005 on amendments to the law on ports (Ship-related ancillary services) concerning article 9, paragraph 6, section 9, paragraph 7, section 9, paragraph 10, section 10, paragraph 3, and article 10, paragraphs 4 and 5, includes the following entry-into-force provision:
The law shall enter into force on the 1. July 2005.
Act No. 548 of 6. June 2007 amending the law on the application of the Danish underground, law on energy, law on coastal protection, the law on ports and various other acts (implementation of directives in the field of nature protection at sea, etc.) concerning paragraph 1 (a) and section 14 (b) (repealed) contains the following entry into force and transitional provisions:
The law shall enter into force on the day after publication in the Official Gazette.
Regulations issued pursuant to section 14 (b) of the law on ports, shall remain in force until they are replaced by provisions laid down pursuant to this Act.
The Ministry of transport, the 11. March 2009 Lars Barfoed/Jakob Karlshøj Official notes 1) transport and Energy Minister is in the whole Legislative Decree changed to Transportation Secretary as a result of a Royal resolution of 23. November 2007.