Ordinance On The Technical Regulation On Measures For The Prevention Of Piracy And Armed Attacks On Danish Ships

Original Language Title: Bekendtgørelse om teknisk forskrift om forholdsregler til forebyggelse af pirateri og væbnede overfald på danske skibe

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Ordinance on the technical regulation on measures for the prevention of piracy and armed attacks on Danish ships

Under section 6, article 17, paragraph 6, section 22 and section 32 of the law on safety at sea, see. lovbekendtgørelse nr. 654 of 15. June 2010, and under the authority shall be based on: the Executive order apply to Danish and foreign ships



§ 1. This Ordinance shall apply to commercial ships flying the Danish or Greenlandic flag, see. However, paragraph 2.

(2). The Ordinance shall not apply to ships, which sail exclusively in Greenlandic, Faroese, Icelandic or European ports as well as for shipping companies that only operate such vessels.

Prevention of piracy and armed attacks on Danish ships



§ 2. Merchant ships must have procedures for sailing or port calls in areas where there is risk for piracy and armed attacks against ships.

§ 3. For commercial ships are required to have a safety management system in accordance with the ISM Code (the code for the safe operation of ships) or a security plan in accordance with the ISPS Code (the code for the raising of the standard of maritime safety), the procedures referred to in paragraph 2 either be contained in the safety management system or in the security plan. If the procedures contained in the ship security plan, shall be made available to the ship's crew in the same way as the procedures of the safety management system.

§ 4. Shipowners whose ships covered by §§ 2-3, also in their safety management system must have procedures for the assessment of whether an area is a risk for piracy or armed attacks against ships.

§ 5. Commercial vessels, which are not liable to have a safety management system in accordance with the ISM Code or a security plan in accordance with the ISPS code, and shipping companies that operate such ships shall have procedures similar to those in sections 3-4.

§ 6. In §§ 2-5 procedures mentioned should contain provisions relating to the prevention of assault, including about 1) assessment of the extent to which an area is in risk of piracy or armed assaults against ships, 2) update on the situation on the relevant websites such as MSCHOA1), the NATO Shipping Center, ReCAAP ISC2) and through NAVWARNS, 3) appropriate measures to protect the ship and its crew, 4) radar monitoring the entire horizon around and sustained looking for assistance for the conning the clock when operating in areas where the master of the vessel estimates that there is substantial risk that the ship could be exposed to piracy or armed assaults, 5) the manner in which the crew must behave in the assault, hijacking or attempts to do so, and on the instruction of the crew each time to be sailing into an area where there is substantial risk that the ship could be exposed to piracy or armed assaults, 6) reporting to the company , authorities and other ships in the area of the assault, hijacking or attempted.

(2). Procedures shall be developed, taking into account those of the International Maritime Organization (IMO) issued recommendations and guidelines for sailing in areas at risk for piracy and armed assault. In determining what precautions should be taken on each ship, shall take into account the threat in that area, the ship's size, speed and navigation equipment as well as any other measures taken outside the ship, such as watchkeeping on the quay.

(3). The recommendations referred to in paragraph 2, and guides are available on the DMA website www.soefartsstyrelsen.dk.

§ 7. If a master for the sake of risk for piracy and armed assault off the ship's AIS transmission, it must be entered in the logbook with time and position, just as the company should be informed. The company should then be informed regularly about the ship's position until AIS transmission on new resumes, unless the master of the vessel estimates that such notification could expose the ship's crew in danger. Similarly, it should be recorded in the diary, when AIS transmission on new starts.

Special measures in high risk area



§ 8. For ships sailing in the area of "Best Management Practices for Protection against Somalia-Based Piracy" (BMP) is defined as a high risk area, referred to in §§ 2-6 mentioned also, as appropriate, procedures shall be drawn up taking into account the industry's recommendations in "Best Management Practices for Protection against Somalia-Based Piracy" (BMP), which is available on the DMA website www.soefartsstyrelsen.dk.

§ 9. In section 6 (1). 6, referred to reports to be in high-risk area also happen to UKMTO3) and MSCHOA.

§ 10. Shipping companies must monitor their ships when they are sailing in højrisikområdet.

(2). When a ship sail into or out of the high-risk area, the master shall inform the company. As long as the ship is in a high-risk area, master at least every four hours, inform the company of the ship's position, unless the master of the vessel estimates that such notification will bring the crew in danger.

(3). The company shall designate a contact person to receive the notifications referred to in paragraph 2.

(4). The ongoing process under the direction of the company referred to in paragraph 2 may be replaced by that company with at least the same frequency monitors the ship through an automatic electronic tracking system.

§ 11. When a ship is sailing in the areas of the BMP is defined as respectively. high-risk area and "UKMTO Voluntary Reporting Area", recommendations of BMP on the MSCHOA and UKMTO reporting to registration with followed.

Verification



§ 12. The procedures that are required in accordance with this technical regulation, will be part of the Danish maritime authority or in one of the Danish maritime authority recognized organization's verification of ISM and ISPS.

Criminal provisions



§ 13. Violation of this Regulation shall be punished by a fine or imprisonment for up to 1 year.

(2). The penalty can rise to imprisonment for up to 2 years, if there is 1) from the infringement is done harm to life or health or caused danger for them, 2) previously delivered a prohibition or injunction for the same or similar conditions, or 3) in the infringement is intentional or obtained a financial benefit for the person himself or others.

(3). It should be regarded as a specific aggravating circumstance that for young people under the age of 18 is done harm to life or health or caused danger for them, see. (2). 1. the provisions in paragraph 4. Happens not confiscation of proceeds, as is gained by the infringement, when calculating the fine, including additional fines special consideration to the size of an achieved or intended economic advantage.

(5). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

§ 14. If the relationship is governed by the Decree on the entry into force for Greenland of the Act on safety at sea, measures may be laid down in accordance with the criminal law for Greenland.

(2). In section 9 (2) and (3) the said conditions shall be considered as aggravating circumstances.

(3). Happens not confiscation of proceeds, cf. kriminallovens § 166 (1), which has been obtained by infringement, when calculating the fine, including additional fines special consideration to the size of an achieved or intended economic advantage.

(4). Is a violation committed by companies, etc. (legal persons) may be subject to the legal person as such fine responsibility. Is the infringement committed by the State, Greenland's autonomy, a municipality, a municipal community covered by § 64 in Landstingslov on municipal councils and local boards, etc., or a local Board of Directors, he or she may be subject to public authority as such fine responsibility.

(5). If the person does not reside in Greenland, or his association with the Greenlandic society, moreover, have such a looser nature, that the conditions for application of the measures is not here, can I apply or referred for prosecution in Denmark.

Entry into force, etc.



§ 15. The notice shall enter into force on the 1. January 2012.

(2). Executive Order No. 9721 of 20. February 2008 on technical regulation on measures for the prevention of piracy and armed attacks on Danish ships were repealed.

The Danish maritime authority, the 23. November 2011 Frank Mountain Mortensen/Ditte Helene Bang Official notes 1) Maritime Security Center Horn of Africa (MSCHOA) 2) Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP ISC) Information Sharing Center 3) UK Maritime Trade Operations (UKMTO)