Ordinance On Places Of Refuge And Plans For Doing So

Original Language Title: Bekendtgørelse om nødområder og planer herfor

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=123519

Overview (table of contents) Chapter 1 scope and definitions, etc.

Chapter 2 places of refuge

Chapter 3 Collateral

Chapter 4 place of refuge plans

Chapter 5 entry into force, etc.

Annex 1

Annex 2

Annex 3 The full text of the Ordinance on places of refuge and plans herfor1)

Under section 37, paragraphs 1-3, and section 48, paragraph 1, of the law on the protection of the marine environment, see. lovbekendtgørelse nr. 1073 by 20. October 2008, as amended by section 1 of Act No. 1401 of 27. December 2008, shall be based on:

Chapter 1

Scope and definitions, etc.

§ 1. This order designates places of refuge in Danish waters. The aim is, to ships in need of assistance can seek to reduce or eliminate the risk of pollution of the marine environment as well as in the interest of navigation safety.

(2). The Decree also lays down rules on the formulation of plans for places of refuge. The plans must make it possible for the Navy's operational command to manage and authorize ships in need of assistance in a place of refuge.

§ 2. In this notice, the term:





1) place of refuge: a port, the part of a port or another protective berth or anchorage or any other sheltered area designated or temporarily designated for use by ships in need of assistance.

2) Ship in need of assistance: a ship that finds itself in a situation that can cause hazard to the marine environment or sailing or sinking of safety without prejudice to the provisions of the SAR Convention (the International Convention on Maritime Search and rescue, 1979).

3) WGS-84: World Geodetic System of 1984.

4) IMO: International Maritime Organization (the International Maritime Organization).





Chapter 2

Places of refuge

§ 3. The designated places of refuge in Danish waters is set out in annex 1 to this notice.

§ 4. Urban and landscape Agency, after consultation of the parties involved can make the amendment of annex 1.

§ 5. The Navy's operational command has the power to appoint and employ temporary places of refuge in Danish waters, if the use of places of refuge, as referred to in annex 1, proves not to be possible, and the temporary designation is necessary in the interest of preventing or combating pollution at sea or in the interest of navigation safety.

(2). By designation and the use of a temporary place of refuge to the Navy's operational command as far as possible take natural and environmental considerations.

§ 6. The use of the port, which is designated as places of refuge, must not conflict with the rules in force at any time about securing ports and port facilities. For the time being this is regulated by Decree No. 989 of 29. September 2006.

Chapter 3

Collateral

§ 7. Following the power according to the law on the protection of the marine environment carried out by the Navy's operational command:




On behalf of the Minister of the environment to provide full security for the ports designated as a place of refuge or as a temporary place of refuge for these expenses might incur by receiving a ship in need of assistance; without prejudice to article. section 37, paragraph 4 of the law on the protection of the marine environment. Any subsequent proceedings undertaken by urban and landscape Agency.



Chapter 4

Place of refuge plans

§ 8. Urban and landscape agency draws up plans for emergency areas referred to in annex 1 to this notice.

§ 9. Place of refuge plans shall be drawn up on the basis of the paradigm that is set out in annex 2 to this order.

(2). Place of refuge plans drawn up in addition, on the basis of IMO resolution a. 949 (23) on guidelines for places of refuge for ships in need of assistance, as well as IMO Resolution a. 950 (23) on a maritime Assistance Service. Resolutions can be found at www.blst.dk.

(3). Place of refuge plans must contain a motion chart for use by the Navy's Operational command's instructions or the refusal of ships, see. Annex 3 to this order.

§ 10. A place of refuge plan may include several places of refuge.

§ 11. In a place of refuge plan be used to draft the plan be sent in consultation with relevant stakeholders.

§ 12. The Navy's operational command must have access to the place of refuge plans via the Internet.

(2). Place of refuge plans shall also be published on the Internet, taking into account the law on processing of personal data and other legislation on the sensitive information.

§ 13. Urban and landscape Agency shall ensure that the plans are continually updated.

Chapter 5

Entry into force, etc.

§ 14. This Ordinance shall enter into force on 16 September. March 2009.
The Ministry of the environment, the 9. March 2009 Troels Lund Poulsen/David Pilsgaard Annex 1

The following areas are designated as places of refuge in Danish waters:

Esbjerg havn

Thyborøn port

Hanstholm Harbour

Hirtshals Harbour

Aalbæk Bay

Frederikshavn port

Warehouse Bay (Island Of Anholt)

Grenaa

Funnel (at Fredericia)

Kalundborg fjord

Port of Kalundborg

Romsø South

Lindholm Terminal

Agersø Sund North

Langeland Belt

Køge Flak East

Copenhagen Rode (anchorage 1 and 2)

Bøtø East (Falster)

Vang Pier

Rønne havn

Area out of Tejn







 

 





Table containing coordinates for each place of refuge







Place of refuge





Geographical coordinates WGS-84 datum system in







Esbjerg Havn





55 ° 28.3 'n 8 ° 25.3 ' E







Thyborøn Port





56 ° N 8 ° 41.9 ' 13.4 ' E







Hanstholm Harbour





57 ° 07,4 ' N 8 ° 35.7 ' E







Hirtshals Harbour





57 ° 35.7 'n 9 ° 57,7 ' E







Ålbæk Bugt





57 ° 38,05 ' N 10 ° 31,49 ' E

57 ° 38,05 ' N 10 ° 34,16 ' E

57 ° 36,81 ' N 10 ° 34,16 ' E

57 ° 36,81 ' N 10 ° 31,49 ' E







Frederikshavn Port





57 ° 26.1 ' N 10 ° 32.9 ' E







Anholt





56 ° 43,06 'n 11 ° 37,12 ' E

56 ° 43,06 'n 11 ° 40,73 ' E

41,90 'n 11 ° 56 ° 40,73 ' E

41,90 'n 11 ° 56 ° 37,12 ' E







Grenaa Havn





56 ° N 10 ° 24,4 ' 55.5 ' E







Funnel Fredericia





55o 36,18 'n 9o 49,23 ' E

55o 36,94 'n 9o 51,74 ' E

55o 36,94 'n 9o 54,22 ' E

55o 34,91 'n 9o 49,79 ' E







Port Of Kalundborg





55 ° 40.6 'n 11 ° 05,1 ' E







Kalundborg Fjord





55o 43,35 'n 10o 55,45 ' E

55o 43,47 'n 10o 57,42 ' E

55o 43,23 'n 10o 59,17 ' E

55o 41,90 'n 10o 59,17 ' E

55o 42,55 'n 10o 56,71 ' E







Romsø South





55 ° 29.80 ' N 10 ° 46,70 ' E

55 ° 29.80 ' N 10 ° 50,51 ' E

55 ° 28,16 ' N 10 ° 50,51 ' E

55 ° 28,16 ' N 10 ° 46,70 ' E







Lindholm Terminal





55 ° 17.9 ' N 10 ° 48.8 ' E







Agersø Sund North





55o 17,73 'n 11o 09,99 ' E

55o 17,73 'n 11o 11.08 ' E

55o 16,79 'n 11o 11.89 ' E







Langelandsbælt





54 ° 49,98 ' N 10 ° 47,26 ' E

54 ° 49,98 ' N 10 ° 49.50 ' E

54 ° 47,92 ' N 10 ° 49.50 ' E

54 ° 47,92 ' N 10 ° 47,26 ' E







Køge Flak East





55 ° 30,24 'n 12 ° 16.25 ' E

55 ° 30,24 'n 12 ° 20,78 ' E

55 ° 28,61 'n 12 ° 20,78 ' E

55 ° 28,61 'n 12 ° 16.25 ' E







Copenhagen Rode anchorage No. 2





55o 45,97 ' N 12o 39,24 ' E

55o 45,97 'n 40,22 ' E 12o

55o 44.56 'n 12o 38,92 ' E

55o 44.56 'n 12o 37,99 ' E







Copenhagen Rode anchorage No.3





55o 45,06 'n 12o 39,86 ' E

55o 44,27 ' N 12o 39,86 ' E

55o 43,80 'n 12o 39,15 ' E

55o 44,05 'n 38,83 ' E 12o







Bøtø East Falster





54 ° 38,14 'n 11 ° 58,62 ' E

54 ° 38,14 'n 12 ° 01,97 ' E

54 ° 36,16 ' N 12 ° 01,97 ' E

54 ° 36,16 ' N 11 ° 58,62 ' E








Vang Pier





55 ° 14.7 ' N 14 ° 43,9 ' E







Rønne Havn





55 ° 05,9 ' N 14 ° 41.8 ' E







Tejn





55 ° 15,42 'n 14 ° 50.30 ' E

55 ° 15,42 'n 14 ° 53,43 ' E

55 ° 16,56 'n 14 ° 53,43 ' E

55 ° 16,56 'n 14 ° 50,29 ' E







Annex 2

The paradigm of place of refuge plans

Place of refuge plans should be three-tiered:




1) part I refers to the decision-making process, including the involvement of the competent authorities.

2) part II contains design of the concrete place of refuge plan for that place of refuge, which contains the location-specific conditions and requirements (URf.eks. environmental and occupational conditions, equipment), as well as administrative matters.

3) part III is the operational part, as reflected by the Navy's operational command at MAS'en (Maritime Assistance Services, see. Part III) in conjunction with the master of the ship in need of assistance.



Part I shall contain a description of:




– The identity of the competent authority, which is responsible for the receipt and handling of information on accidents and incidents, IE. The Navy's operational command at MAS'en.

– It or the designated place of refuge (r), who is finally appointed on the basis of the environmental protection agency's "statement on the designation of places of refuge in Danish waters, 1/2004".

– The identity of the competent authority, who shall decide on the authorisation or refusal of access to a designated place of refuge for a ship in need of assistance, d.v.s. Navy operational command (MAS'en).

– Procedures for international coordination and decision-making; including a description of the decision-making process from receipt of calls from a ship in need of assistance for reception/rejection of the ship in a designated place of refuge Inc. roles and responsibilities between the authority and the respondent; without prejudice to article. motion chart in annex 3 to this order.

– List of contact options for relevant professional authorities and forums as well as international organizations, possessing special knowledge:

– The Ministry Of Defence (SOCK, The Armed Forces Command, The Danish Emergency Management Agency, Danish Maritime Safety Administration)

– The Danish maritime authority

– Municipal preparedness, as well as municipal environmental guard

– Ministry of the environment environment centres

– Police (as a facilitator and coordinating with relevant authorities in the country in the local emergency staff)

– Fisheries Directorate-General

– International assistance agency (EMSA, OPRC, the BONN agreement, HELCOM, the Copenhagen accord, SWEDENGER, DENGER, EU Task Force)

– Procedures for any guarantee and liability for ships in need of assistance in a place of refuge.

– Overall description of the possibilities of intervention and referral to intervention options against ships in accordance with Danish legislation.



Part II shall contain a description of the organisational and administrative matters, the environment-and natural aspects and practical measures, including the action plan for a place of refuge. This part takes its starting point in municipal emergency plans complemented by information in the Periodenøgle field. IMO Res. a. 949 (23) 's guidelines.

Part II contains a description of:

Organizational and administrative matters




– Nødområdets organization plan, environmental guard, contact data.

– Rules and responsibility and competence of the relationship of the parties involved in the place of refuge plan.

– Diagram of the alerting procedure, including the sequence and form (oral, telephone, fax, radio, email, sms, etc.).

– Warning and afvarslings phase (URf.eks. for local fishermen, wildlife consultants, official doctor).

– Overview of possible work tasks (priority of effort in different places, documentation of decisions and of requisitions, marking of an area, the securing of evidence through the oil samples, etc., as well as contact with insurance companies, management of contractors, contact to waste recipients), inter alia. in support of the composition of a staff (affected municipalities, Police, emergency management agency, the Navy operational command, the Danish maritime safety administration, etc.).

– List of possible locations being considered fit to serve as the command station for staff.

– Information on shorelines.

– Description of the evt. guidelines for the coordination of requests from private citizens and volunteers.

– Description of the guidelines for internal and external orientation (including news and information letters to action personnel, contact to citizens, press and media, press releases, the use of the website).

– Description of the guidelines for the use of civilians to the redevelopment of the coast.

– Description of guidelines for updating the plan.

– Description of the guidelines for emergency exercises and training.

– Possible disaster relief plan and evacuation facilities.

– Description of the provision of any guarantee in relation to the ports which have been designated as places of refuge.



Environment-and natural aspects




– Description of nødområdets environmental and natural character, including sensitive habitats and species (URf.eks. in connection with the designated environmental areas: RAMSAR and Natura 2000, fishing and off-shore activities, as well as recreational areas and tourism).

– Impact assessment of nødområdet, including a description of the on access to nødområdet is located in natural or environmentally sensitive area. It is examined whether the area can be affected by a possible pollution. Also describes the predictable consequences of different identified scenarios with regard to the safety of people and pollution, fire, toxic and explosive hazards. The analysis should also include any environmental consequences for neighbouring countries.

– Description of the Sea State and weather (prevailing wind conditions, protection against strong wind and "outraged" sea, tides and tidal currents). Information be obtained from DMI and/or Danish maritime safety administration.

– Depth measurement (minimum and maximum water depths, and water depth on the access vandvejen, the maximum permissible draught of the ship). The information obtained, where appropriate, at the Danish maritime safety administration.

-Maximum length of the ships that can get into the nødområdet.

– Bottom conditions (hard/soft bottom, sand as well as the ability to crumble a vessel in place of refuge). The information obtained, where appropriate, at the Danish maritime safety administration.

– Seasonal effects including possible ice cover.

– Local meteorological statistics and the number of days in which the nødområdet is non-operational or unavailable. The information obtained, where appropriate, with DMI.

– Map of nødområdet showing:

– bathing beaches

– protected areas

– publicly owned lands

– access roads to the beach

– areas for water abstraction (possibly with an indication of the groundwater flow)

– areas for intake of the cooling water to URf.eks. industrial companies,

– the nearest distance to the industrial areas

– marinas

– other areas that need to be taken particularly into account, including URf.eks. other recreational areas as well as areas for birds and fish fry as well as heaths, marshes, lakes, bogs and streams under the nature conservation Act § 43.

– areas for temporary storage of collected oil.



Practical measures and action plan




– Precise description of the nødområdets extent as well as the "corner coordinates" (longitude/latitude) of the area. If nødområdet is a circle to the center position (longitude/latitude) in the field as well as radius (miles) reported. A port designated as a place of refuge, however, can be specified with one point.

– Description of the resources and facilities available for assistance, salvage and pollution response actions in nødområdet:

– Inventories of materiel to fight against oil and chemical pollution on water and redevelopment of coasts in the event of heavy weather conditions.

– Fire extinguishing capacity and assistance.

– Approved incinerator and receiving stations for harmful and dangerous goods, suitable clean places for contaminated material.

– Nearby tugs, possibly. port slæbebåde (number and bollard pull), special vessels, aircraft and other necessary resources to perform the necessary surgeries or who can provide the necessary assistance.

– Facilities, such as pumps, fire hoses, barges and booms.

– Remediation facilities, such as shipyards, workshops, floating cranes, tugboats, barges.

– Diving assistance.

– Description of the guidelines for the collection and disposal of hazardous waste, etc., including where and how repositories can be established, without prejudice. municipal beach reorganisation plans.

– Description of guidelines for logging (event and requisition directory), daily situation reports and the securing of evidence.

– Description of the anchor space in nødområdet and mooring facilities in ports designated as a place of refuge.

– Description of the operating environment, especially with regard to ports, including compulsory pilotage (availability of pilots).

– Description of the transport of equipment and people from the country and out to a place of refuge on territorial waters.


– Information on the contact options for shipowners, agents, classification societies, insurers, etc. which will be able to guide in matters concerning, among other things, stabilization, prevention of pollution and salvage of a vessel.

– Collection of information about dangerous goods as well as bunkers on board. Risk assessment of any dangerous goods on board. Plan for sampling (in the case of cleanup/beach cleaning is the responsibility of the police to secure evidence for the use of later prosecution).

– Lightering of vessels in a place of refuge on territorial waters.

– Information on the external power supply.

– Risk assessment of any repair work on board a vessel.

– Description of the evt. action plan in the event of a disaster in a place of refuge.

– Description of the evt. plan for environmental monitoring of the affected areas.

– Description of the evt. plan for fishing ban/bathing prohibition.

– Description of limitations on nødområdet or places of refuge, as well as alternates:

– URF.eks. in the case of strongly weathering shall be permitted for certain salvage and transport by barge.

-Navigational characteristics, including: enough space to maneuver a ship without propulsion power, which will be assisted by tugboats.

-Maximum length of the ship, which can get into the nødområdet.

– Risk of a stranded ship, which can block the waterway, the access road or others ship navigation, as well as the risk of disruption of the port's operation (waterway, dock equipment and other installations).

– Authorisation for use as a place of refuge or refuge Harbour, where there may be leaks of toxic gases, danger of explosion, etc.

– What are the places of refuge are temporarily closed p.g.a. URf.eks. breeding times, bird migration, and more.



Part III

The Navy's Operational Command (MAS-Maritime Assistance Service) collaboration with the master of a ship in need of assistance

MAS is an integral part of the Navy's operational command and works on a 24-hour basis as a central maritime contact point for shipping in and around Danish waters. It is the Danish MAS, which must authorize/decline a place of refuge and be the point of contact for ships in need of assistance.

For the evaluation of which place of refuge, which will be most suitable for such a ship, have a need for information about the ship's situation MAS, weather conditions as well as the concerned nødområdes status. Here be on whether the area can receive ships with a potential risk of pollution (already have leakage) or exclusively used for ships without polluting potential (minor repairs).

The following information is relevant for assessment:




– The ship's identity (name, call sign, IMO number, etc.)

– The ship's position.

– Ship's dimensional limitations, such as length, width, depth and time, seaworthiness of the ship, in particular buoyancy, stability.

– The extent of the accident (URf.eks. bias, hole in the hull, ingress of water, leakage).

– Means of Propulsion and power generation, bow thruster/sternthruster. EVS. limitations on machinery p.g.a. accident.

– Ship's steering characteristics after possibly. accident.

– State, quantity and nature of the cargo, particularly dangerous goods (UN number, quantity requested here as well as the location of dangerous goods stated).

– Distance and estimated transit time for nødområdet.

– The amount of oil on board as well as the location of this oil.

– The safety of its occupants, including the number of personnel and/or bjærgere and other personnel serving on board as well as an assessment of human factors (URf.eks. fatigue/exhaustion).

– Possible contamination (or potential pollution) caused by the ship; including in transit area/access road close to nødområdet or in adjacent areas, which may be threatened by pollution from the incoming ship in need of assistance.

– Threats to public security, including what the closest distance is to the larger population concentrations.

– The relevant ship insurance conditions.

– If the ship is insured, localized name, and the limit of coverage.

– Agreement between the master and the ship's owner/operator concerning the MAS'ens proposal to continue or sail to the place of refuge.

– The provision of any guarantee in relation to the ports which have been designated as a place of refuge.

– Information about EVS. commercial salvage contract.

– Information on masters and/or bjærgers plans.



The master

Master of a ship pursuant to executive order on reporting pursuant to the law on the protection of the marine environment is a duty to inform the Navy's operational command (MAS) on accidents or other incidents as well as the circumstances of the case. The master also has a duty to provide supplementary information, which helps to give the authority a general overview of the situation. In addition, the master shall generally inform the Navy's operational command (MAS) if seen polluting spillages at sea level.

In addition, the following information is relevant to the master to inform to the MAS:




– What kind of assistance, if any, is required.

– Whether or not you want to reference to the place of refuge.



The master should cooperate with any salvage vessels.

The master shall cooperate with the competent authorities, with the aim to reduce the consequences of an accident or incident.

The master shall uncover need for assistance across from the Navy's operational command (MAS), inter alia. by carrying out a risk assessment, that contains the items as specified on MAS.
Annex 3

Motion chart


Official notes 1) Ordinance contains provisions implementing parts of a European Parliament and Council Directive 2002/59/EC of 27. June 2002 establishing a Community vessel traffic monitoring and information system for maritime traffic in the community and repealing Council Directive 93/75/EEC (Official Journal of the European communities 2002 nr. L 208, p. 10).