Key Benefits:
Chapter 1 Area of the law
Chapter 2 Installations, maintenance and decommissioning
Chapter 3 Access to the use of a port
Chapter 4 Organization forms, etc.
Chapter 5 Hire conditions
Chapter 5 a Securing port facilities
Chapter 6 OrdensRegulations and redress
Chapter 7 Penalty, entry into force, transitional provisions, etc.
Publication of the law of ports
This shall be the subject of the law. 326 of the 28th. May 1999 on ports with the changes that result from law no. 1221 of 27. December 2003, section 12 of law no. 581 of 24. June 2005, section 1 of law no. 586 of 24. June 2005 and section 8 of the Law No 548 of 6. June 2007.
Chapter 1
Area of the law
§ 1. This law shall apply to ports used for the commercial expedition of goods, vehicles, persons and landings of fish.
Paragraph 2. However, the provisions of sections 3, 4 and 15 shall also apply to ports which are not employed in a commercial nature.
§ 1 a. SECRPM 1) lay down rules or rules to implement or apply international conventions and EU rules relating to conditions covered by this law, including regulations, directives and decisions on natural protection ; port areas. The Minister for Transport also lays down rules concerning the notification of obligations and prohibitions and on the obligation to provide information if such rules are necessary in order to implement or apply international conventions and EU rules relating to conditions covered by this Act.
Chapter 2
Installations, maintenance and decommissioning
§ 2. The call for the new port or extension of a existing port shall require the permission of the Minister for the Transport Minister pursuant to this Act.
Paragraph 2. Expansion of a existing port in the establishment of fixed installations, the depths and fulfillment of the sea territory within a marine-wide network may be carried out without authorization under paragraph 1. 1, unless enlargement requires an assessment of the environmental impact of the installation. The Minister for Transport lays down rules on this
Paragraph 3. A notification of authorisation may be granted in accordance with paragraph 1. 1 conditions shall be made, including the provision of security for the removal of a port or parts of its works.
§ 3. The minister of transport shall decide on the allocation of expenditure between ports in the event of several ports situated at the same fjord or in the event of a association, to ensure the necessary water depth in fjord or sailing ; or in conjunction with the unification of the Union, afmarking and refraining. The minister may also instrugate a port to participate in the costs of a work of the kind referred to in the case of one or more ports by the same fjord or to the end of the race.
§ 4. The Minister for Transport may announce the provision of a safe halt to the works of a port or, where necessary, the removal of these.
Paragraph 2. The Minister for Transport may inform the public as to the removal of a port when it is no longer used.
Chapter 3
Access to the use of a port
§ 5. Havens have a duty to ships, to the extent that the plaid conditions and security considerations permit it, unless otherwise determined by the minister of transport in accordance with previous legislation.
Chapter 4
Organization forms, etc.
§ 6. A port can be organized as
1) a state port,
2) a municipal port ;
3) a municipal self-control port ;
4) a fully-part or part of the municipal public limited liability company ; or
5) a private-law-organized port which is not covered by no. 4.
Paragraph 2. Two or more municipal boards may operate one or more ports as referred to in paragraph 1. 1, no. 2 or 3, as a municipal community, cf. Section 60 of the municipality's styliance. The decision by the local authority regulators to approve a municipal Community operation on the operation of one or more ports shall be taken following the opinion of the Minister for the Transport Minister.
Paragraph 3. If one or more ports are operated as a Community-based community in accordance with paragraph 1. 2, the municipal Community board shall perform the tasks of sections 8 and 9 of the municipal management board.
§ 7. A state port is controlled by the Minister of Transporters or the Minister of Transport, who is authorised to do so.
Paragraph 2. The Minister may set up a sea-eating advice for the daily operation of the product. If a sea-nership is set up, the municipality shall elect the municipality of the municipality in which the port is located, 2 of the Council ' s members. The Minister shall establish the powers of the port.
Paragraph 3. The port is responsible for the installation and operation of port infrastructure, including covering, roasting, port basins and adjacent land areas, and may be further quiet, crust, warehouses and like. available to serve ships, stevedors, landlord and other areas.
Paragraph 4. The Minister for Transport or, as the Minister authoriates there, sets charges for the use of state ports.
Paragraph 5. The Transport Minister may decide that a State port is transferred to a municipality, cf. Section 6 (2). 1, no. 2 and 3, or transformed into limited liability company, cf. Section 6 (2). 1, no. 4 and 5.
§ 8. A municipality port is controlled by the municipality board in the municipality where the port is located.
Paragraph 2. The port is responsible for the installation and operation of port infrastructure, etc., including adequate works, roaths, port basins and adjacent land areas.
Paragraph 3. If a municipal port has a yearly summers of more than 0,5 million, tonnes or have landings of fish to an annual landing value of more than 100 million. Where, the municipality Board may decide that the port should be converted into one of the sections in section 6 (4). 1, no. 3-5, said ports.
§ 9. A municipal self-control port is a self-employed company governed by the municipality board of the municipality in which the port is located.
Paragraph 2. The management of the port of port shall be carried out by a port management board selected by the local authority. The port board member's membership must be uneven. For each member, a delegate that can be convened when a member is prevented from participating. The elections are taking place at the municipal meeting of the municipal management board and have an impact on the Council of Commitment Management. The Port Board shall elect a chairman.
Paragraph 3. The local authorities shall, on the basis of the port board ' s recommendation, accept the Board of Governors of the Administrative Board and the accounts, and decisions on the inclusion of loans and on the recruitment and termination of port boss.
Paragraph 4. The local authority and the port board shall exercise their competence to the interests of the port. The port management board is in charge of the local authority responsible for the operation and maintenance of the port.
Paragraph 5. The port is responsible for the installation and operation of port infrastructure, including covering, roasting, port basins and adjacent land areas, and may be further quiet, crust, warehouses and like. available to serve ships, stevedors, landlord and other areas.
Paragraph 6. If, in particular cases, the conditions in which they apply, the Minister for Transport may, on the application of the local authorities, may permit the port to cover the tasks referred to in paragraph 1. 5, may foresee port-related services and ship-related services, including piloting, bugings and trossees, either themselves or in cooperation with private undertakings.
Paragraph 7. Authorisation shall be authorised in accordance with paragraph 1. 6 shall be imported as an experimental procedure and may be granted only if the port is able to demonstrate that, for the last three years, it has had an annual turnover of at least 1.5 million. tonnes of goods and that its requirements for ship-related services are not met. Shipping aids shall be carried out in a tax undertaking, and the activities shall be separated from the other port operations in an independent undertaking. The company can be owned and operated with private operators, and the company can perform various forms of ship-related assistance services. Authorisation may be granted with a period of validity of up to 5 years. The authorisation shall be suspended if the company is to give a deficit in 3 consecution years.
Paragraph 8. The port shall be operated in such a way as to cover the costs at least. The local authority shall fix the overall economic framework for the port operation and the port management board is able to operate independently within the fixed framework of the anguilers ' and operating methods.
Niner. 9. The daily administration of the port must be kept separate from the municipality's.
Paragraph 10. The means of the port must be accountancy separately from the municipality, cf. however, paragraph 1 13, 2. Act. The port must draw up results balance and balance in accordance with the rules of the annual accounting law. Financial reporting shall, by the way, proceed according to the principles of the annual accounting law. The audits of the port ' s accounts shall be made by one of the municipalities ' s auditor
Paragraph 11. The minister of transport shall lay down rules for remuneration and expenses to be reimbursed to the Chairman and other members of the port management board, as well as their delegates. The cost of this is borne by the port register.
Nock. 12. A municipal self-control port may be transferred to a municipal port by the municipal management board, once the port is no longer in a competitive position. A port is no longer considered to be in competition when it has an annual turnover of less than 0,5 million. tonnes or have landings of fish to an annual landing value of less than 100 million. DKK and have a summers of less than 0,3 million. tonnes. In addition, a port shall not be considered to be in competition when it only serves a small number of companies in the vicinity of the port and their goods cannot be moved to other ports.
Paragraph 13. A municipal self-control port must be transferred to a municipal port when, in three consecutively the following years, it has had a negative operating result after interest, but before depreciation. However, the municipality Board may, in exceptional cases, with the approval of the minister of transport, decide instead to add new capital to the port of the port.
§ 10. A port organized as fully or partially owned by the municipality owned by company is an entrepreneur. A port organised as an entire municipal public company is equally owned by government limited liability companies in the company law and in the annual accounting law.
Paragraph 2. When a municipal self-control port or a municipal port is converted into a limited liability company and in this connection, report cards are carried out, etc. for shareholders may be paid first after provision for maintenance has been made. of and new installations at the port.
Paragraph 3. A port organized as a fully or partly municipal owned limited liability company may, in addition to the operation of the port facility, as a municipal self-control port, cf. Section 9 (1). 5, the sole operator of the merged-based operator, cf. however, paragraph 1 4.
Paragraph 4. Where, in particular cases, the conditions in which it is applied, the Transport Minister may permit the port in addition to the tasks referred to in paragraph 1. 3, may foresee ship-related assistance services, including piloting, bugings and trossees, either themselves or in cooperation with private undertakings.
Paragraph 5. Authorisation shall be authorised in accordance with paragraph 1. 4 shall be imported as an experimental procedure and may be granted only if the port is able to demonstrate that, for the last three years, it has had an annual turnover of at least 1.5 million. tonnes of goods and that its requirements for ship-related services are not met. Shipping aids shall be carried out in a tax undertaking, and the activities shall be separated from the other port operations in an independent undertaking. The company can be owned and operated with private operators, and the company can perform various forms of ship-related assistance services. Authorisation may be granted with a period of validity of up to 5 years. The authorisation shall be suspended if the company is to give a deficit in 3 consecution years.
§ 11. A private law-organised port is an entrepreneur that is not restricted in this law in its access to enterprise.
Chapter 5
Hire conditions
§ 12. If a state port is transformed into a state limited liability company, cf. Section 7 (2). 5, are the state-officials at this time in service of a state port, obliged to serve by the stock companies in maintaining their employment relations with the State, as are the company in relation to the State to be obliged to : concern them. The same applies to state-service officers serving in the port services in Esbjerg and Frederickhaven.
Paragraph 2. The supply company shall offer the parties in paragraph 1. Paragraph 1 (1) of the official services referred to within a period of two years from the establishment of the company may be over-employed in this under specific conditions.
Paragraph 3. To those stat-services, who do not wish to be transferred to employment within the company in accordance with paragraph 1. In accordance with the rules applicable to official legislation, the State shall pay the State pay, etc., and shall keep expenditure on pensions in accordance with the rules of the official
Paragraph 4. From the point of view of the operation of the port, the company shall be reimbursed to the State of the wages and other items which are paid out in accordance with paragraph 1. 3, and shall pay ongoing pension contributions to the State. Similarly, the party pays pension contributions to the State of State-Government officials, which shall be paid under paragraph 1. 2 is transferred to employment in the company, with the right to remain in charge of the civil service pension from the State. The pension contribution shall be determined by the Finance Minister.
§ 13. section 12 shall apply by analogy to State-service officials at the State of State, a municipal Community or a municipal stock company inheritance of the operation of a state port or by the Appointments or partial takeover of a State or a State ; Stateable limited liability company. The municipality, the municipal community or municipal public limited liability is in addition to the state and government officials in the same way as a public limited liability company. In the case of a municipality or a local authority, the acquisition of the operation of a state port may offer the tenure of employment under special conditions, cf. § 12, paragraph 1. 2, replace with an offer of employment as an official of the municipality or municipal community.
§ 14. Election of employee representatives to the governing board of public limited liability companies, cf. the section 49 (4) of the limited liability company. 2, not later than four months after the undertaking has taken over the operation of a port.
Paragraph 2. Government officials to be locked up to a company in accordance with sections 12 and 13, have on an equal footing with the company's employees the right to select employee representatives to the company's board of directors and are, accordingly, electing the board. The same applies to municipal officials, which are locked up to a municipal public limited company.
Chapter 5 a
Securing port facilities
§ 14 a. The Minister for Transport may lay down rules on the security of port facilities. The Minister for Transport may, in particular, decide that tasks related to the security of port facilities can be carried out by private individuals.
Paragraph 2. Employees of the Department of Transport and other persons involved in the development of vulnerability assessments and security plans and who receive information pursuant to rules issued pursuant to paragraph 1. 1, under the responsibility of the Penal Code, section 152-152 e is obliged to keep the information confidential, in accordance with Article 152-152. however, paragraph 1 3.
Paragraph 3. This information may be disclosed to foreign authorities and international organisations when it comes to the consequences of Denmark's international obligations.
Section 14 b. (The case).
Chapter 6
OrdensRegulations and redress
§ 15. The Minister for Transport may lay down general rules for the enforcement of order in Danish ports.
Paragraph 2. The Minister for Transport may also lay down an individual ordinance for each port after setting the port to this effect.
Paragraph 3. The port area shall inform the port area of the code of conduct, including information on which the ordinal code can be seen in its entirety.
Paragraph 4. Regulations laid down pursuant to previous marine legislation shall remain in force until they are dissolved by a regulation drawn up pursuant to paragraph 1. 2. Havens without the ordinal code in accordance with paragraph 1. 2 shall submit such a decision to the establishment before 1. January 2006.
§ 16. Complains of the allocation of the port of anaports in ports which have received duty shall be submitted to one of the Transport Minister, set up, cf. paragraph Two and three. The decision of the jury may not be brought to the second administrative authority.
Paragraph 2. The Board is composed of five members appointed by the Minister for the Transport Minister. The President is going to have a legal degree. The other four other members shall represent the port technical, shipping, shipping, in the recorder and the fishing industry respectively. The alternate members of the Chairperson and the other members will be appointed.
Paragraph 3. The Minister for Transport lays down rules of procedure for the Board.
§ 17. Complaguing the administration of a state port to the minister of transport.
Paragraph 2. Complaguing the administration of a municipal self-control port to the municipality board. However, where the port is operated as a communal community, a complaint shall be lodged with the Board of Directors of the local authority community.
Paragraph 3. Decisions taken by the municipality board or the governing board of a community of communal communes shall be brought in so far as matters are covered by this law, for the Minister for Transport.
Paragraph 4. Complaining concerning a communal owned company or a private port's compliance with this law shall be brought to the minister of transport.
Paragraph 5. The time limit shall be four weeks from the date on which the decision has been issued.
§ 17 a. The minister shall allow the minister to take decisions under the law or pursuant to the law of an institution under the Ministry of Transport, the Minister may lay down rules on access to complain of decisions, including the fact that the decisions cannot be brought to a higher administrative authority.
Chapter 7
Penalty, entry into force, transitional provisions, etc.
§ 18. With fine punishment, the one who
1) omits to comply with a decision pursuant to section 3 ;
2) omits to comply with an injunction granted pursuant to section 4.
Paragraph 2. The rules laid down in accordance with the law may be punished for the penalties imposed on the provisions of the provisions of the regulations.
Paragraph 3. The rules laid down in accordance with the law may be subject to penalties for the violation of rules laid down in the European Community ' s Regulations in the port area.
Paragraph 4. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.
§ 19. The law shall enter into force on 1. January 2000. However, section 26 shall enter into force on 1. June 1999.
Paragraph 2. Law No 316 of 16. In May 1990 on traffic ports and so on are hereby repealed.
Paragraph 3. The regulations issued by the Transport Minister pursuant to the Law No 316 of 16. In May 1990 on traffic ports and so on, they remain in force until they had to be dissolved by regulations issued under this Act, and penalties shall be punished in accordance with the applicable rules.
Paragraph 4. During the period up to 1. 1 January 2002 shall be authorised for the installation of a new port after Article 2 (2). 1, only where special reasons are available.
20. Notwithstanding paragraph 9, paragraph 1. 5, the authorisations issued by the Minister for Transport in accordance with the rules in force in the past have been granted ports to carry out the carrying out of the establishment.
Paragraph 2. Notwithstanding paragraph 7, paragraph 7. 3, section 8, paragraph. 2, and section 9 (4). 5, ports that have hitherto been able to carry out ship-related aid services, including piloting, bugousing and fairies, may continue to carry out these services.
§ 21. A port whose scope is limited is managed by the port owner in accordance with the terms and conditions laid down by the minister of transport in the authorization of the creation or extension of the port in accordance with the provisions of the Transport Minister. however, paragraph 1 5. The acceptance of these terms will be penalised according to the rules in force.
Paragraph 2. The terms and conditions of limitation on the scope of a port referred to in paragraph 1. 1 shall be suspended if the port of the sea is notified to the Transport Minister that the port will extend its scope in relation to the original authorisation. However, the conditions may not be removed at the earliest possible date by notification of the 1. January 2004 or later.
Paragraph 3. The Minister for Transport may, in exceptional cases, permit the reduction of the scope of the port to lapses before the end of the term referred to in paragraph 1. 2 mentioned time limit.
Paragraph 4. In cases where paragraph is taken, 2 and 3 receive port reception, cf. § 5.
Paragraph 5. However, the Minister for Transport may, under exceptional circumstances, allow the isolated shipments of goods and so on, which are outside the scope of the port.
§ 22. Decisions on the organisation of a port in accordance with this law may be taken before 1. January 2000, so that the resolution can take effect at this stage.
Paragraph 2. Ports per year. 1. In January 2000, organised as local authority-led traffic ports, will be transferred to municipal self-control ports, unless the local authority within the framework of this law takes a decision on other organisational forms.
Paragraph 3. At a municipal traffic port for the municipality of traffic to the municipality of self-control, the municipality shall select a port management board, cf. Section 9 (1). The Board of Directors may, however, decide that the port management board shall consist of the members of it in accordance with section 19 (1). Two, in the law of the local authorities, the port committee set up.
Paragraph 4. The one in paragraph 9 (4). 13, the period specified shall be considered earliest from 1. January 2000.
§ § 23-26 (Excluded)
§ 27. The law does not apply to the Faroe Islands and Greenland.
§ 2
The law shall enter into force on 1. January 2004. § 1, no. 7, however, shall enter into force on the day following the notice in the law.
Paragraph 2. The following shall be repealed :
1) The promise of 24. April 1868, the facility of a harbor near Esbjerg.
2) Law No 182 by 31. March 1917 on the installation of fishing ports on the west coast of Jyllands.
3) Law No 173 by 29. April 1960 on Hanstholm Havn.
§ 15
The law shall enter into force on 1. January 2007
§ 2
The law shall enter into force on 1. July 2005.
§ 9
The law shall enter into force on the day following the announcement in the law.
Paragraph 2. (subtly).
§ 10
The texts issued under Section 14 b in the Law on ports shall remain in force until they are replaced by provisions in accordance with this law.
1) The Transport and Energy Minister has been amended as a result of the Royal Transport Minister as a result of a royal resolution of 23. November, 2007.
