Law Amending The Law On Environmental Protection (Extension Of The Low Emission Zone Scheme, Requirement Of Ecolabels For Foreign Vehicles, Allow For Detention Of Means Of Transport, Etc.)

Original Language Title: Lov om ændring af lov om miljøbeskyttelse(Udvidelse af miljøzoneordningen, krav om miljøzonemærker for udenlandske køretøjer, mulighed for tilbageholdelse af transportmidler m.v.)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=132432

Law amending the law on miljøbeskyttelse1) 2) (extension of the low emission zone scheme, requirement of ecolabels for foreign vehicles, allow for detention of means of transport, etc.)
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 of the law on environmental protection, see. lovbekendtgørelse nr. 1757 by 22. December 2006, as amended, inter alia, by § 1 of lov nr. 507 of 17. June 2008 and Act No. 509 of 17. June 2008 and, most recently, by section 2 of Act No. 1519 by 27. December 2009, shall be amended as follows: 1. In section 9 (q) shall be inserted after paragraph 3 as a new paragraph: "(4). The Minister shall lay down rules on producers, importers and distributors ' obligation to provide information about the design of passenger and commercial vehicles and their components with a view to their suitability for recovery and recycling and on the environmentally sound treatment of end-of-life person, etc.-and vans, including the development and optimization of methods for recycling and recovery of such vehicles and their components, as well as on the progress achieved, and more. The Minister shall lay down rules on how the information is to be provided. '


Paragraphs 4 and 5 become paragraphs 5 and 6.

2. In section 9, paragraph 5, q who becomes paragraph 6, changed two spots ' (4) ' to: ' paragraph 5 '.
3. In article 9, paragraph 2, modified s ' § 9 (q), (3) and (4) ' is replaced by: ' § 9 q, paragraph 3 and 5 '.
4. In paragraph 15 (a), paragraph 1, insert as 2., 3. and 4 point: ' similar applies to the Municipal Council in other municipalities, if the Minister has given its prior permission. A permit may be issued to, limit values for particulate pollution be exceeded. When assessing whether a permission may be granted, shall also be included in the total environmental and societal consequences of the environmental zone. '

5. In paragraph 15 (a) shall be inserted after paragraph 1 as new paragraph: "(2). The Municipal Council may, in accordance with the prior consent of the Minister of the environment provide for the establishment of environmental zones, where there is considerable traffic with vans. A permit may be issued to, limit values for particulate pollution be exceeded, and there must be issued rules under section 15 (e). in assessing whether a permission may be granted, shall also be included in the total environmental and societal consequences of the environmental zone. '


Paragraph 2-6 becomes paragraph 3-7.

6. In paragraph 15 (a), paragraph 2, which becomes paragraph 3, the words ' paragraph 1 ' are replaced by: ' (1) and (2) '.
7. In paragraph 15 (a) shall be inserted after paragraph 2, there will be (3) as new paragraph: "(4). If the Municipal Council shall establish environmental zones for both trucks and buses as vans, environmental zones geographical extent always be the same for the listed vehicles. This also applies by extension, restrictions or cancellation in accordance with paragraph 3. ';


Paragraph 4-7 becomes paragraph 5-8.

8. In paragraph 15 (a), paragraph 3, which becomes paragraph 5, insert as 2. paragraph: ' the Minister may lay down detailed rules concerning the licensing system in accordance with paragraphs 1 and 2, including the Municipal Board's obligation to, at its own expense, to have the environmental measurements carried out by accredited businesses, qualified persons, laboratories, etc., and for the submission of information in particular form. '
9. In paragraph 15 (a), paragraph 4, which will be set out in paragraph 6, the words ' paragraphs 1 and 2 ': ' paragraph 1-3 '.
10. section 15 (a), paragraph 5, which becomes paragraph 7 is replaced by the following: ' (7). The Municipal Council shall publish the decisions relating to the establishment, expansion, reduction or abolition of an environmental zone. There must be no less than a period of 14 months from the date of the Municipal Board's decision on the establishment or geographical expansion of an environmental zone for trucks and buses to the time when the Lez has effect. If the Municipal Council at the same time establishes an environmental zone for both trucks and buses as vans, is the period of 14 months. By expansion of an established environmental zone to include vans is the period of at least 7 months. '
11. In paragraph 15 (a), paragraph 6, which becomes paragraph 8, the words ' paragraphs 1 and 2 ': ' paragraph 1-3 '.
12. In paragraph 15 (b), paragraph 1, shall be replaced by ' paragraph 4-6 ', to: ' (4) and (5) '.
13. In paragraph 15 (b), paragraph 2, the words two places ' paragraph 4-6 ', to: ' (4) and (5) '.
14. paragraph 15 (b) (6), is repealed.
15. In paragraph 15 (e), the words ' low emission zones for vans ' to: ' vans in low emission zones '.
16. In paragraph 15 (e) of section 15 (a), the words ' '.
17. In paragraph 15 (e), the words ' paragraph 15 (b), paragraphs 2 to 6, ': ' paragraph 15 (b), paragraphs 2 to 5, '.
18. In article 87, paragraph 3, shall be inserted after 1. paragraph: ' the police under similar conditions can stop and examine vehicles in order to ascertain compliance with applicable legislation on environmental zones, including claims about environmental zone sticker as well as particulate emissions and effective particle filter. The police can call up the vehicle to the vision of the owner's or the permanent user's own account in order to verify whether the vehicle complies with the provisions of current legislation on environmental zones. '

19. In article 110, paragraph 1, no. 17, the words ' section 71, paragraph 2, or the ' to: ' section 71, paragraph 2 '.
20. In article 110, paragraph 1, no. 18, section 73 c shall be replaced by '. ': ' 73 (c), or '.
21. In article 110, paragraph 1, the following is inserted as a no. 19: ' 19) fails to comply with the police summons to survey under section 87, paragraph 3. ';
22. Under section 111 (a) shall be inserted: ' § 111 (b). Police can detain transportation in cases of 1) violation of paragraph 15 (b), paragraph 2, and rules issued under section 15 (b), (5) and section 15 (e) and 2) waste shipments are carried out in violation of the legislation on shipments of waste and European Parliament and Council regulation on shipments of waste.
(2). Detention can happen if this is necessary in order to secure a claim for payment of the fine, court costs or confiscation, including value confiscation, however, only until the said amount has been paid or secured for this purpose. If this does not happen within 2 months after the final decision may be sought satisfaction in the means of transport. Detention cannot happen if the who had access to the means of transport, since the infringement took place, was unjustified in possession of this.
(3). With regard to the implementation of the detention provisions of the code of civil procedure on seizure shall for the purposes of confiscation, by analogy with the changes imposed by paragraph 2 of this article. '
§ 2 paragraph 1. The law shall enter into force on the 1. July 2010, see. However, paragraph 2.
(2). The Minister shall determine the time of the entry into force of the repeal of paragraph 15 (b) (6) of the basic regulation. This law § 1, nr. 14, and of the entry into force of paragraph 15 (b) (1) and (2) and section 15 (e), as amended by this Act, section 1, no. 12, 13 and 17.

Given at Amalienborg, the 15. June 2010 Under Our Royal hand and Seal MARGRETHE r./Karen Ellemann Official notes 1) Act contains provisions implementing parts of a European Parliament and Council Directive 2000/53/EC of 18. September 2000 on end-of-life vehicles (Official Journal 2000 No. L 269, p. 34).
2) Parts of the Bill have been notified in draft form in accordance with European Parliament and Council Directive 98/34/EC (information procedure directive) as amended by Directive 98/48/EC.