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Ordinance Amending Ordinance On The Technical Regulation On A Community Vessel Traffic Monitoring And Information System In Danish Waters And Ports

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om teknisk forskrift om et trafikovervågnings- og trafikinformationssystem i danske farvande og havne

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Publication of the amendment of the publication of a technical regulation on the traffic monitoring and traffic information system in Danish waters and ports

§ 1

Notice no. 1021 of 26. In the case of a technical regulation on a traffic monitoring and traffic information system in Danish waters and ports, as amended by Notice No, 1032 of 8. November 2011 and procladition no. 55 of 24. In January 2012, the following changes are made :

1. Foot notation the title of the notice shall be replaced by the following :

' 1) The Order contains provisions implementing the Directive 2002 /59/EC of the European Parliament and of the Council of 27. June 2002 establishing a traffic monitoring and traffic information system for shipping in the Community, the Community Official Journal, 2002 No In 208, s.10, as amended by Directive 2009 /17/EC of the European Parliament and of the Council of 23. April 2009, EU-2009 No I have 131, s.101 and Commission Directive 2011 /15/EU of 23. February 2011, EU Official Journal no. L 49, s. The Council of 33, European Parliament and Council Directive 2009 /16/EC of 23. April 2009 on port State control (Text with EEA relevance), EU Official Journal 2009 No L 131, s. Fifty-seven and part of Directive 2010 /65/EU of the European Parliament and of the Council of 20. In October 2010 on reporting formalities for ships arriving in or leaving ports of ports in the Member States, EU Official Journal 2010, nr. I 283, page 1-10. "

2. § 3, nr. 10, ITREAS :

" 10) The port authority : the competent authority or body in each port of port designated by the Member State to receive and pass on the information notified pursuant to this notice. ` ;

3. § § 4-6 ITREAS :

" § 4. The driver of a ship which is on its way to a port in a Member State and the master of a foreign ship with a gross tonnage of less than 300 on the way to a port of Danish shall ensure that the following information is reported to the competent authority :

1) Identification of the ship (name, call sign, IMO identification number, or MMSI number),

2) destination port,

3) the estimated time of arrival at the port of destination,

4) expected time of departure from the port of destination, and

5) total number of persons on board.

Paragraph 2. The driver of a vessel which may undergo an expanded inspection pursuant to Article 14 of the European Parliament and of the Council Directive 2009 /16/EC shall also ensure that the following information is transmitted to the competent authority :

1) Scheduled operations (loading unloading, other),

2) planned statutory management and comprehensive maintenance and repair work to be carried out during the stay of the team.

Paragraph 3. The driver of a tanker which may be subject to an expanded inspection pursuant to Article 14 of the European Parliament and of the Council Directive 2009 /16/EC shall also ensure that the following information is transmitted to the competent authority :

1) Configuration (single-hulls, single-hull with separate ballast tanks, double hulls),

2) the state of lorries and ballast tanks (full, empty, inerted), and

3) the extent and nature of the cargo

Paragraph 4. In the case of transmission of the information referred to in paragraph 1 1-3 the following time limits :

1) At least 72 hours prior to arrival of ships which, in accordance with Article 14 of the European Parliament and of the Council Directive 2009 /16/EC, may be subject to an expanded inspection ;

2) at least 24 hours prior to arrival of other ships ; and

3) for ships on which the journey is shorter than the notification limits laid down in paragraph 1. Number one and number 2, most recently

a) by departure from the previous port, or

b) where the airport is unknown or changed during the journey, as soon as clarity is available.

Paragraph 5. Provided that changes are expected to be made in accordance with paragraph 1. The ship ' s driver shall immediately ensure that the arrival of 1 or 3 of the ship ' s arrival and / or the departure information shall be provided to the competent authority.

Paragraph 6. The Sea Farmer Board may exempt a ship from the reporting duty in paragraph 1. 1 and 5, if :

1) the ship is engaged in fast-moving speed :

a) in Danish ports, or

b) between Danish and foreign ports, and the Member States concerned agree ;

2) Route is planned to extend over more than one month,

3) the planned hours for a single voyage does not exceed 12 hours, and

4) the company :

a) maintain a list of the ship ' s fleet or ships forming part of the route in question and shall send this to the Maritime Agency for the first time, for the first time, for the exception, and thereafter each time any changes occur ; and

b) establish an internal system that ensures that the information on each journey, cf. paragraph 1, recorded so that the Navy Operative Command, regardless of the time, may be requested and received without delay.

§ 5. The driver of a foreign ship, regardless of the size of a Danish port, shall ensure, at the latest from departure from port, that the competent authority is informed of the actual arrival and time of departure and from port.

§ 6. For ships consenting Danish ports, reports to the competent authority in accordance with sections 4 and 5 may be made electronically to the Naval Operative Command via SafeSeaNet. ` ;

4. § 17 ITREAS :

" § 17. Unless higher penalties are imposed on other legislation, penalties shall be penalized for up to a year in violation of sections 4 to 10 and Clause 12 14 or which omits to comply with the injunction issued pursuant to section 13-16.

Paragraph 2. Penalty in accordance with paragraph 1 1 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 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 must be considered to be a cumbent circumstance that, under the age of 18, young people have been injured in life or health or induced to the danger, cf. paragraph 3, 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 Chapter 5 of the Penal Code. ` ;

§ 2

The announcement shall enter into force on 1. June 2015.

Sea Fargo, the 9. May 2012

Frank Bjerg Mortensen

/ Steen Møller Nielsen