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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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Annunciation of technical forefront on measures to prevent piracy and armed attacks on Danish ships ;

In accordance with section 6, section 17, paragraph 1. 6, section 22 and section 32, in the law on safety at sea, cf. Law Order no. 654 of 15. June, 2010, and after authorisation :

Application of Danish and Foreign Ships Conventing

§ 1. This notice shall apply to commercial ships flying Danish or Greenlandic flags, cf. however, paragraph 1 2.

Paragraph 2. The declaration shall not apply to ships operating exclusively on Greenlandic, ferries, Icelandic or European ports, and to shipping companies operating exclusively on such ships.

Prevention of piracy and armed attacks on Danish ships

§ 2. Commercial ships must have procedures for sailing or port anaports in areas where there is a risk of piracy and armed attacks against ships.

§ 3. In the case of merchant ships that are required to have a safety management system following the ISM Code (Safety Management Code) or a security plan according to the ISPS Code (Code for the Encoding of maritime safety), the procedures referred to in section 2 must be either : contained in the security management system or the security plan ;. If the procedures are contained in the ship security plan, they shall be made available to the ship ' s crew in the same manner as the procedures in the security management system.

§ 4. The shipping companies, whose ships are covered by Section 2 3, shall also have to have procedures for the assessment of whether there is a risk of piracy or armed attacks against ships in an area in an area where they are subject to the assessment of the safety management system.

§ 5. Commercial ships not obliged to have a safety management system following the ISM Code or a security plan according to the ISPS Code, as well as shipping companies operating such ships, must have procedures corresponding to those referred to in sections 3-4.

§ 6. The procedures referred to in section 2-5 shall include provisions on the prevention of assault, including :

1) assessing whether there is a risk of piracy or armed attacks on ships in an area ;

2) update on the situation on relevant websites, e.g. MSCHOA 1) , NATO Shipping Center, ReCAAP ISC 2) and through NAVWARNS,

3) appropriate measures for the protection of the ship and its crew ;

4) radar surveillance all over the horizon and the on-the-spot lookout for the on-duty navigator 24 hours a day, in areas where the master assesses that there is a significant risk that the ship may be exposed to piracy or armed forces ; assault,

5) the crew shall deal with attacks, hijacking or testing, and the instruction of the crew, each time entering an area where there is a significant risk that the ship may be exposed to piracy or armed assaults ;

6) reporting to the shipping, authorities and other ships in the area for assault, hijacking, or attempted to do so.

Paragraph 2. The procedures shall be drawn up, taking into account the recommendations and guidance provided by the International Maritime Organisation (IMO) and the guides for navigation in areas where the risk of piracy and armed assaults are at risk. For the assessment of the measures to be taken on the individual ship, account shall be taken of the threat of the threat in the area concerned, the size of the ship, the speed and equipment of the ship, as well as any other measures taken outside the the ship, such as watchdog on the dock.

Paragraph 3. The people in paragraph 3. 2 mentioned recommendations and guides are available on the Maritime Management Home page www.soefartsstyrelsen.dk.

§ 7. If a master of the risk of piracy and armed attacks disregards the ship ' s AIS transmission, it shall be recorded in the ship ' s diary with a time and position, just as the shipping company shall be informed. The shipping company shall be informed at regular intervals of the ship ' s position until the AISIS transmission is re-resumed unless the master of the master considers that such notification would endanger the ship ' s crew. Similarly, it shall be recorded in the book ' s diary when the AIS transmissions at new commencement are entered.

Special measures in the high risk area

§ 8. In the case of ships sailing in the area in the ' Best Management Practices for Protection against Somalia Based Piracy " (BMP) is defined as the high risk area, the procedures laid down in section 2-6 shall also be carried out, taking into account the relevant scope, taking into account : The industry's recommendations in the Best Management Practices for Protection against Somalia Based Piracy (BMP) available on the Maritime Maritime Home page www.soefartsstyrelsen.dk.

§ 9. They in section 6, paragraph 1. 1, no. 6, in the high-risk area, referred to in the high-risk area shall also be carried out to UKMTO 3) and MSCHOA.

§ 10. The shipping companies will be monitoring their ships when they're on the high risk council.

Paragraph 2. When a ship sails into or out of the high risk area, the master shall notify the shipping company. As long as the ship is in the high risk area, the master shall notify the shipping of the ship at least once every four hours, unless the master of the master considers such notification would endanger the crew.

Paragraph 3. The Company shall designate a contact person to receive the information referred to in paragraph 1. 2 mentioned information.

Paragraph 4. The continuous notification of the shipping company in paragraph 1. 2 may be replaced by the fact that the company monitors at least the same frequency with the ship through an automatic electronic tracking system.

§ 11. When a ship sails in the areas that are defined in BMP as the high risk area and ' UKMTO Voluntary Reporting Area `, the recommendations in the MMSCHOA registration and reporting to UKMTO must be followed.

Verification

§ 12. The procedures required under this Technical Statement will be included in the Maritime Management Board or one of the Maritime Maritime Management Organisation's verification of the ISM and ISPS.

Penalty provisions

§ 13. The violation of this penmanship shall be punished by fined or imprisoned for up to a period of one year.

Paragraph 2. The sentence may go to prison for up to two years if there is

1) in the event of infringement, any injury to life or health, or induced, is threatened ;

2) were previously prohibited or injuns in respect of the same or equivalent conditions ; or

3) in the case of the infringement, or intended for the purpose of an economic benefit to the person concerned himself or others.

Paragraph 3. It shall be considered to be a particular circumcicient fact that under the age of 18, there has been injury to young people under the age of 18, in the case of life or health, or induced a hazard, cf. paragraph 2, no. 1.

Paragraph 4. If the yield not confiscated resulting from the violation, the fine, including additional fine, shall be taken into account in particular of the size of a achieved or intended economic advantage.

Paragraph 5. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

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

Paragraph 2. You in section 9, paragraph 1. 2 and 3 conditions shall be considered to be circumciciating circumstances.

Paragraph 3. If the proceeds are not confiscated, jfr. Criminal Alvens Section 166 (1). 1, which has been obtained by the infringement, a fine, including additional fine, shall be taken into account in particular of the size of a achieved or intended financial advantage.

Paragraph 4. Is an offence committed by companies and so on. (legal persons), the legal person may be charged as such to be a liability. Is the infringement committed by the State, the Self-Government of Greenland, a municipality, a community of communal covered by section 64 of the City Management Board and the building boards and so on, or a building board, public authorities may be subject to the public authorities ; the authority of such a financial burden.

Paragraph 5. Where the person concerned is not resident in Greenland, or his association with Greenland society, moreover, such a looser has such a looser character that the preconditions for the use of measures are not present, the case may be considered or referred to : pursuit in Denmark.

The entry into force, etc.

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

Paragraph 2. Publication no. 9721 of 20. In February 2008, on technical regulation on measures to prevent piracy and armed attacks on Danish ships, are hereby repealed.

Sea Fargo, 23. November, 2011

Frank Bjerg 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 Information Sharing Center (ReCAp ISC)

3) UK Maritime Trade Operations (UKMTO)