Law amending the law on the ships ' crew, law on the taxation of seamen, seamen's Act on merchant shipping, Velfærdsråd and law on safety at sea
(Adjustment of the possibility of allowing that ships registered in the Danish International ship register can be carried out by a person who does not have Danish citizenship or are covered by the EU/EEA-rules on freedom of movement, establishment of a foreign credits for some Danish seafarers, economic protection of abandoned seafarers, the implementation of the amending Protocol to the SUA Convention, 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:
In Act No. 15 by 13. January 1997 on the ships ' crew, as amended, inter alia, by section 2 of Act No. 902 of 16. December 1998 and section 2 of Act No. 1462 of 22. December 2004 and, most recently, by section 3 of Act No. 493 of 12. May 2010, is amended as follows: 1. section 19, paragraph 2, 2nd paragraph, is replaced by the following: ' the Danish maritime authority may authorize that the law's requirement for naturalization be waived. '
In Act No. 386 of 27. May 2005 on taxation of seafarers (seamen's tax law), as amended most recently by section 12 of Act No. 521 of 12. June 2009, is amended as follows: 1. Article 3 is replaced by the following: ' 3. Persons who are outside the limited speed acquires earned income by work aboard Danish or foreign ships, in determining the taxable income to deduct an amount of DKK 56900 ship has a gross tonnage of 500 tonnes or more, represents the deduction after 1. paragraph 105,000 DKK, unless used for regular passenger ship sailing between ports of EU Member States.
(2). Persons who are outside the limited speed acquires earned income by work on board vessels, including the dredger sand cleaners, which has its own means of propulsion and a private cargo space for the transport of materials gained from the seabed, and that has a gross tonnage of 20 tonnes or more, in determining the taxable income to deduct an amount of DKK 56900.
(3). Have a person only earnings as referred to in paragraph 1 or paragraph 2 of part of the year, or in the case of part-time employment, the deduction shall be reduced proportionately. It is a condition of the deduction that the conditions of service for that corresponds to what is usually applies to seafarers.
(4). Paragraphs 1 to 3 shall apply mutatis mutandis in the acquisition of earned income by work carried out on board vessels and installations used in mapping for exploration and extraction of hydrocarbons outside the Danish territorial waters and the continental shelf area, as well as by the Danish work on board the school-and training ships, see. law on maritime education. '
2. In paragraph 15, the words ' article 3, paragraph 1 ' to: ' section 3, paragraphs 1-3 ' in two places.
In seamen's, see. lovbekendtgørelse nr. 742 of 18. July 2005, as amended most recently by section 3 of Act No. 251 of 30. March 2011, shall be amended as follows: 1. the heading before section 9 shall be inserted after ' removal ' means ' and economic protection of abandoned seafarers '.
2. Under section 10 shall be inserted: ' article 10 (a). With a view to increasing the protection of persons who, as a result of the shipowner's essential breach of their employment contract is left on a Danish ship or on a foreign ship in Danish port, the maritime agency can provide grants to cover costs of 1) during team on board, including lodging, protection of heat, electricity, communication, hygiene, etc., until the return takes place and 2) return with subsistence, in so far as this does not follow from other provisions of the Act.
(2). Devoted a special pool for grants to be determined at the annual finance laws.
(3). The Minister for economic and business affairs can make the decision that the trustee referred to in paragraph 2 shall constitute financial collateral to cover return travel costs, etc., which are covered by the rules in section 6, paragraph 5, article 8, paragraph 1, article 10, paragraph 3, §§ 11-14, section 18 (2), sections 18, 19 and 30 (b), section 48, paragraph 2, and section 49. '
3. section 63 (2), (3). paragraph is replaced by the following: ' Is the crime committed an act referred to in article 3, 3bis, 3ter or 3quater in the UN Convention of 10. March 1988 for the Suppression of unlawful acts against maritime safety as respectively amended and inserted by Protocol of 1. November 2005 to this Convention, however, the master can give the suspects to the competent authority outside the Kingdom. '
In Act No. 253 of 25. April 1990 on merchant shipping Velfærdsråd, as amended by Act No. 212 of 28. March 2001 and Act No. 304 of 30. April 2003, are amended as follows: 1. In article 1, paragraph 2, shall be inserted after ' into-as abroad ': ', including the practical assistance to people who are left on the ships, see. section 10 (a), paragraph 1, of the seamen's '.
2. § 2, 3. and (4). paragraphs, are hereby repealed.
3. section 4 (5) is replaced by the following: ' (5). Merchant shipping Velfærdsråd unaccountable after Danish financial statements Act. '
4. In article 5, paragraph 1 1. paragraph, the words ' at 140 cents per day ' is replaced by: ' paid '.
5. § 5 (1), (2). paragraph, shall be repealed, and replaced by: ' Tax is the responsibility of the shipowner and the seafarer with every 70 cents per day. For seafarers serving on ships which are registered in the Danish International ship register, however, the shipowner shall pay a fee of 200 pennies per day. '
6. § 5, paragraph 2, is hereby repealed.
Paragraph 3 becomes paragraph 2.
The law on safety at sea, see. lovbekendtgørelse nr. 654 of 15. June 2010, as amended by section 1 of Act No. 493 of 12. May 2010 and section 2 of Act No. 251 of 30. March 2011, is amended as follows: 1. Article 27, paragraph 3 is replaced by the following: ' (3). The Minister for economic and business affairs can provide grants to the diversity of the occupational safety and Health Council work with advice, guidance, information, analyses, measurements and other forebyggelsesmæssige activities. The amount shall be determined at the annual finance laws. '
§ 6 paragraph 1. The law shall enter into force on the 1. July 2011, see. However, paragraph 2.
(2). Tax Minister shall determine the time of the entry into force of § 2.
section 7 of the Act does not apply to the Faroe Islands and Greenland, but sections 1, 3 and 5 may, by Royal Decree in whole or in part be put into force for Greenland of the changes which the Greenlandic conditions warrant.
Given at Christiansborg Palace, the 14. June 2011 Under Our Royal hand and Seal MARGRETHE r./Brian Mikkelsen