Law Amending The Law On Ports (Expansion Of Business Opportunities, Etc.)

Original Language Title: Lov om ændring af lov om havne(Udvidelse af forretningsmuligheder m.v.)

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Law amending the law on ports

(Expansion of business opportunities, 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 ports, see. lovbekendtgørelse nr. 266 of 11. March 2009, is amended as follows: 1. In section 6 shall be inserted after paragraph 1 as new paragraph: "(2). Port areas should be given priority to applied professional activities that support maritime transport, or to other activities that require havnenær location, within the framework of organizational form. If the land cannot be hired out to these activities, the port can rent out the land to other purposes. '

Paragraphs 2 and 3 shall become paragraphs 3 and 4 hereafter.

2. In article 6, paragraph 3, which becomes paragraph 4, the words ' paragraph 2 ' is replaced by: ' (3) '.

3. Pursuant to section 6 shall be inserted: ' article 6 (a). A port can regardless of organizational form 1) responsible for the operation and construction of port infrastructure, including solid works, wharves and docks, 2) lease the land and existing buildings on the Harbour to private companies on market conditions and 3) enter into cooperation with other ports on the operation and development of the port's infrastructure, buildings and facilities and on the purchase of goods and services.

(2). The port can acquire land in limited distance from the port's existing land, provided that the port's existing areas are not sufficient to provide service to the users or to ensure continued operation of the airport. At such areas can harbor carrying out activities within the framework of organizational form. Pursuit of activities and the acquisition of land to be secreted in an independent taxable company with limited liability, which is operated under market conditions and in accordance with the provisions of the Danish companies act.

(3). The port can be in addition to the initial capital of the company referred to in paragraph 2 does not provide grants or loans or provide guarantees for loans to the company, or otherwise liable for the company's debts. The municipality may not grant any form of financial support to a company that is secreted from a municipal autonomous port or a port organized as a municipal owned public limited company, wholly or in part. '

4. section 7, paragraph 3 is replaced by the following: ' (3). The harbour can provide cranes, warehouses and the like. available in order to operate the ships, stevedores, land tenants and others. '

5. section 8 (2) and (3) are repealed.

6. section 9 (2), (3). paragraphs, are hereby repealed.

7. section 9, paragraph 5-7 are hereby repealed, and replaced by: ' (5). The harbour can provide cranes, warehouses and the like. available in order to operate the ships, stevedores, land tenants and others.

(6). The municipal autonomous port can at the port concerned, alone or in cooperation with others 1) perform port-related operator company, 2) perform marine-related ancillary services, 3) take advantage of excess capacity in the port's stock to sell services to port users, 4) own and operate buildings and facilities that serve the users, and 5) own and operate wave and wind turbines and sell surplus produce from here.

(7). The pursuit of the activities referred to in paragraph 6 is conditional on 1) to activity not already exercised by a private actor in that port, and 2) that advertising cannot be identified private actors alone will carry out activity on market conditions in the port concerned, since the announcement, however, should only take place to the extent that the activity has an expected annual turnover of 500,000 USD or more.

(8). The announcement referred to in paragraph 7, nr. 2, shall contain the following information: 1) Description of the activity, 2) contact information, 3) time limit for the receipt of the written undertaking referred to in paragraph 9 and 4) address for the receipt of the written undertaking referred to in paragraph 9.

(9). To be by advertisement in accordance with paragraph 7, nr. 2, given private players a deadline of at least 8 weeks to submit a written undertaking to perform the activity at market conditions. Exercising the port after advertising even activity, the announcement is repeated every five years. If after genannoncering is a private actor, who gives an undertaking to exercise the activity on market conditions, the port set activity.

Paragraph 10. If after advertising in accordance with paragraph 7, nr. 2, not private actors, which will carry out the activity in accordance with paragraph 6 only, but has one or more private actors, as in market conditions will exercise activity in cooperation with the port, the port can not exercise the activity alone. There is no private operators, who will exercise the activity alone, but more private actors, as in market conditions will exercise activity in cooperation with the port, the port can choose to collaborate with one or more of the private actors. The port sets out in it in 2. in the cases referred to in paragraph criteria to use for the selection of the person or the actors who harbor will collaborate with.

Paragraph 11. The pursuit of the activities referred to in paragraph 6 to be secreted in an independent taxable company with limited liability, which is operated under market conditions and in accordance with the provisions of the Danish companies act. The port can be in addition to the initial capital of the company does not provide grants or loans or provide guarantees for loans to the company, or otherwise liable for the company's debts. The municipality may not grant any form of financial support to the company. If the company in 5 consecutive years has had a negative operating result after interest but before depreciation, should the company be dissolved. If a company in the background has been dissolved, the port can only engage in the same activity in a new company, if particular circumstances justify. '

Paragraph 8-12 will be hereafter paragraph 12-16.

8. In section 9, paragraph 10, which becomes paragraph 14, shall be replaced by ' paragraph. 12, 2. paragraph. ': ' paragraph 16, 2 section ' 9. § 9, paragraph 12, which becomes paragraph 16, is repealed.

Paragraph 13 will be hereafter referred to paragraph 16.

10. section 9, paragraph 13, which becomes paragraph 16 is replaced by the following: ' paragraph 16. A municipal self-government port must be changed to be a municipal port when the in 5 consecutive years has had a negative operating result after interest but before depreciation. The Municipal Council may, however, in special cases, with transport Minister's approval may decide instead to inject new capital port. '

11. In section 10, paragraph 1, the words ' the Danish public companies act ' to: ' company law '.

12. section 10, paragraphs 3-5, shall be repealed, and replaced by: ' (3). A port organized as a municipal owned public limited company, wholly or in part may make the cranes, warehouses and the like. available in order to operate the ships, stevedores, land tenants and others. and perform port-related operator company.

(4). A port organized as a municipal owned public limited company, wholly or in part may be in the port concerned, alone or in cooperation with others 1) perform ship-related ancillary services, 2) take advantage of excess capacity in the port's stock to sell services to port users, 3) own and operate buildings and facilities that serve the users, 4) own and operate wave and wind turbines and sell surplus produce from here and 5) incidentally engage in activities that supports the use of port and maritime transport.

(5). The pursuit of the activities referred to in paragraph 4 shall be subject to the condition that the activity is not 1) already carried on by a private actor in that port, and 2) that advertising cannot be identified a private actor, who on their own would exert activity on market conditions in the port concerned, since the announcement, however, should only take place to the extent that the activity has an expected annual turnover of 500,000 USD or more.

(6). Announcement pursuant to paragraph 5, nr. 2, shall contain the following information: 1) Description of the activity, 2) contact information, 3) time limit for the receipt of the written undertaking referred to in paragraph 7 and 4) address for the receipt of the written undertaking referred to in paragraph 7.

(7). To be by advertisement in accordance with paragraph 5, nr. 2, given private players a deadline of at least 8 weeks to submit a written undertaking to perform the activity at market conditions. Exercising the port activity, even after the announcement the announcement repeated every five years. If after genannoncering is a private actor, who gives an undertaking to exercise the activity on market conditions, the port set activity.

(8). If after advertising in accordance with paragraph 5, nr. 2, not private actors, as in market conditions will engage in the activity referred to in paragraph 4 only, but has one or more private actors, as in market conditions will engage in the activity of a company with the port, the port can not exercise the activity alone. There is no private operators, who will exercise the activity alone, but more private actors, as in market conditions will engage in the activity of a company with the port, the port can choose to form a company with one or more of the private actors. The port sets out in it in 2. in the cases referred to in paragraph criteria to use for selection.

(9). The pursuit of the activities referred to in paragraph 4 may be secreted in an independent taxable company with limited liability, which is operated under market conditions and in accordance with the provisions of the Danish companies act. The port can be in addition to the initial capital of the company does not provide grants or loans or provide guarantees for loans to the company, or otherwise liable for the company's debts. The municipality may not grant any form of financial support to the company.


Paragraph 10. The port can be in order to improve and streamline the port's own development and operation and with the port's prior approval of the Board to invest in foreign ports with up to 15 percent of the company's equity. Investments in foreign ports to be secreted in an independent taxable company with limited liability, which is operated under market conditions and in accordance with the provisions of the Danish companies act. The port can be in addition to the initial capital of the company does not provide grants, loans or provide guarantees for loans to the company, or otherwise liable for the company's debts. The municipality may not grant any form of financial support to the company. '

13. The title of Chapter 5 (a) is replaced by the following:

» Security of port facilities and ports ' 14. Two places in section 14 (a), paragraph 1, shall be inserted after ' port facility ': ' and port '.

15. § 17, paragraphs 1 to 4 shall be deleted and replaced by:

» Complaint over the management of a port after this law provisions may be referred to the Secretary of State. '

Paragraph 5 becomes paragraph 2.

16. In section 20 are inserted two spots after ' section 9, paragraph 5 ': ' and 6 '.

17. Article 21, paragraph 2 2. section, and section 22 is repealed.

§ 2 the law shall enter into force on the 1. April 2012.

section 3 complaints about the management of a port have been filed before the entry into force of this law are dealt with in accordance with the existing provisions of the complaint.

Given at Amalienborg, the 27. March 2012 Under Our Royal hand and Seal MARGRETHE r./Henrik Dam Kristensen