Law on the amendment of the law of ports

(Expanding of business opportunities, etc.)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the law of ports, cf. Law Order no. 266 of 11. In March 2009, the following changes are made :

1. I § 6 inserted after paragraph 1. 1 as new paragraph :

" Stop. 2. Pranting areas must be a priority for commercial activities that underpin maritime transport or to other activities that require seatant location within the framework of the selected organizational form. If the areas cannot be renounced for these activities, the port may rent the areas for other purposes. ' ;

paragraphs 2 and 3 shall then be set out in paragraph 1. 3 and 4.

2. I Section 6 (2). 3, there will be paragraph 1. 4, shall be amended ' paragraph 1 The following shall be : 3 ".

3. Insert after section 6 :

" § 6 a. A port may, regardless of its organization,

1) provide the operation and installations of port infrastructure, including covering the works, caffeting and port reservoirs ;

2) rentals land and existing buildings at the port of private undertakings on market conditions and

3) include in cooperation with other ports on the operation and development of port infrastructure, buildings and facilities, and on the procurement of goods and services.

Paragraph 2. The port may acquire areas within restricted distance from the existing areas of the port, provided that the existing areas of the port are not sufficient to provide services to the port of the port or to ensure the continuous operation of the port. In such areas, the port can exercise activities within the framework of the selected organizational form. Exercise of activities and the acquisition of land shall be separated into an independent taxable undertaking with limited liability operating on market conditions and in accordance with the provisions of the company law.

Paragraph 3. The port may be in addition to the original capital deposits in the provisions referred to in paragraph 1. The company shall not grant a grant or loan or provide a guarantee for loans to the company or, otherwise, to be liable for the company ' s debt. The municipality cannot provide any kind of financial support for a company that is separated from a municipal self-harbour or a port of organised as a whole or part of the municipality owned by the public. '

4. Section 7 (2). 3, ITREAS :

" Stop. 3. The harbour can make cranes, warehouses, and similar. available to serve ships, stevedors, area-tenants and others. ` ;

5. § 8 (3) 2 and 3, revoked.

6. Section 9 (1). TWO, THREE. pkt., revoked.

7. Section 9 (1). 5-7, is hereby repealed and the following shall be inserted :

" Stop. 5. The harbour can make cranes, warehouses, and similar. available to serve ships, stevedors, landlord and other areas.

Paragraph 6. The municipal self-control port may in that port be alone or in cooperation with others ;

1) performing the merner-related operator,

2) carry out ship-related aid services,

3) harness excess capacity in the port ' s equipment to sell services to the port ' s users ;

4) own and operate buildings and installations servicing the port of the port ; and

5) own and operate wave and wind power plants and sell surpluses from here.

Paragraph 7. Exercise of the provisions referred to in paragraph 1. 6 mentioned activities are conditional on,

1) that the activity is not already exercised by a private actor in the port in question ; and

2) that, after advertising, private operators may not be identified by their own hand, which will exercise the activity on the market in the port in question ; however, advertising must be carried out only to the extent that the activity has an estimated annual turnover of 500,000 ; DKK or over there.

Paragraph 8. Announcing in accordance with paragraph 1. 7, no. 2, must include the following information :

1) Description of the activity,

2) contact information ;

3) the time limit for receipt of written consent pursuant to paragraph 1. 9 and

4) the address of receipt of a written consent pursuant to paragraph 1. 9.

Niner. 9. The announcement shall be made in accordance with paragraph 1. 7, no. Two, private operators are given a period of at least eight weeks to give a written undertaking to want to perform the activity on market conditions. Unchristen the port after advertising itself, the announcement shall be repeated every five years. If, after re-announcement, a private stakeholder that gives a commitment to perform this activity on market conditions, the port must set the activity.

Paragraph 10. If, after the announcement of paragraph 1, 7, no. 2, are not private operators who wish to exercise the activity in accordance with paragraph 1. 6 alone, but are one or more private operators who, on market conditions, will exercise the activity in cooperation with the port, the port of port may not exercise the activity alone. Are there no private operators who want to practise this activity alone, but more private operators who, on market conditions, will exercise the activity in cooperation with the port, can port choose to cooperate with one or more of the private operators. The port is in the second place. Act. where relevant, criteria for the selection of the operator or the parties to which the port will cooperate.

Paragraph 11. Exercise of activities referred to in paragraph 1. The 6 shall be separated into an independent taxable company with limited liability operating on market conditions and in accordance with the provisions of the company law. In addition to the original capital deposits in the company, the port may not grant grants or loans or provide a guarantee for loans to the company or, on the other, to be liable for the company ' s debt. The municipality cannot provide any kind of financial support for the company. If the company in 5 consecutively the following year has had a negative operating result after interest, but before depreciation, the company must be dissolved. If a company has been dissolved, the port may only carry out the same activity in a new company whose special circumstances speak for it. ` ;

Paragk 8-12 is then referred to in paragraph 1. 12-16.

8. I Section 9 (1). 10, there will be paragraph 1. 14, change the word "paragraph". TWELVE, TWO. Pct. " for the following : SIXTEEN, TWO. Pct. "

9. Section 9 (1). 12, there will be paragraph 1. Sixteen, revoked.

Paragraph 13 will then be paragraph 1. 16.

10. Section 9 (1). 13, there will be paragraph 1. Article 16 is replaced by the following

" Stop. 16. A municipal self-control port must be transferred to a municipal port when, in five consecutively, it has had a negative operating result after interest, but before depreciation. However, the municipality Board may, in exceptional cases, with the approval of the minister of transport, decide instead to add new capital to the port of the port. `

11. I ~ 10 (1)) 1, the 'company law' is being replaced by 'company law'.

12. ~ 10 (1)) 3-5, is hereby repealed and the following shall be inserted :

" Stop. 3. A port organized as a whole or part of the municipal public limited liability company may make cranes, warehouses and similar bodies. available to serve ships, stevedors, landlord and other areas, and to perform oaural-operated operator.

Paragraph 4. A port organized as a whole or part of the municipality owned by the public may in the port in question alone or in cooperation with others ;

1) carry out ship-related aid services,

2) harness excess capacity in the port ' s equipment to sell services to the port ' s users ;

3) own and operate buildings and installations servicing the port of the port ;

4) own and operate wave and wind power plants and sell surpluses from here and

5) incidentally, activities that support the use of port and sea transport.

Paragraph 5. Exercise of the provisions referred to in paragraph 1. 4 mentioned activities are conditional on,

1) that the activity is not already exercised by a private actor in the port in question ; and

2) that, after advertising, a private actor who, on his own will, will not be able to exercise the activity on the market terms of the port in question may not be identified, however, that advertising should be carried out only to the extent that the activity has an estimated annual turnover of 500,000 ; DKK or over there.

Paragraph 6. Announcing in accordance with paragraph 1. 5, no. 2, must include the following information :

1) Description of the activity,

2) contact information ;

3) the time limit for receipt of written consent pursuant to paragraph 1. 7 and

4) the address of receipt of a written consent pursuant to paragraph 1. 7.

Paragraph 7. The announcement shall be made in accordance with paragraph 1. 5, no. Two, private operators are given a period of at least eight weeks to give a written undertaking to want to perform the activity on market conditions. Unchristen the port after the announcement itself the activity shall be repeated every five years. If, after re-announcement, a private stakeholder that gives a commitment to perform this activity on market conditions, the port must set the activity.

Paragraph 8. If, after the announcement of paragraph 1, 5, no. 2, non-private operators who, on market conditions, will exercise the activity in accordance with paragraph 1. 4 alone, but are one or more private operators who, on market conditions, will exercise activity in a company with port, the port may not exercise the activity alone. Are there no private operators who want to practise this activity alone, but more private operators who, on market conditions, will exercise the activity in a company with port, may choose to form a company with one or more of the private operators. The port is in the second place. Act. the criteria to be used for the selection process.

Niner. 9. Exercise of activities referred to in paragraph 1. The 4 shall be separated into an independent taxable company with limited liability operating on market conditions and in accordance with the provisions of the company law. In addition to the original capital deposits in the company, the port may not grant grants or loans or provide a guarantee for loans to the company or, on the other, to be liable for the company ' s debt. The municipality cannot provide any kind of financial support for the company.

Paragraph 10. With a view to improving and making the port's own development and operation of the port, the port may invest in foreign ports by up to 15% by the board of the port's board. of the company ' s own funds. Investment in foreign ports must be parted in an independent taxable company with limited liability, operating on the market conditions and in accordance with the provisions of the company law. In addition to the initial capital deposits in the company, the port may not grant grants, loans or provide a guarantee of loans to the company or, on the other, to be liable for the company ' s debt. The municipality cannot provide any kind of financial support for the company. '

13. The heading for Chapter 5 a ITREAS :

"Securing port facilities and ports"

14. Two places. § 14 (1) (a) 1, is inserted after ' port facilities ` means 'and ports'.

15. § 17, paragraph 1. 1-4, is hereby repealed and the following shall be inserted :

"Complaguing the management of a port after this law's provisions can be brought to the minister of transport."

Paragraph 5 shall then be referred to in paragraph 5. 2.

16. I § 20 the following points shall be inserted after ' Section 9 (3). 5 ":" and 6 ".

17. Section 21 (1). TWO, TWO. pkt., and § 22 revoked.

§ 2

The law shall enter into force on 1. April 2012.

§ 3

Complained to the administration of a port before the entry into force of this law shall be treated in accordance with the provisions in force in the current applicable provisions.