Law on the amendment of maritime law and the law on maritime safety

(Passes as a result of the Athena Regulation, the implementation of the 2002 AthenAcc Convention and the registration of ships with a time limit)

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, cf. Law Order no. 856 of 1. July 2010, as amended by law no. 599 of 24. June 2005, section 1 of law no. 526 of 7. June 2006, section 13 of Law No 1563 of 20. December 2006, section 1 of law no. 251 of 30. March 2011 and Section 17 of the law. 457 of 18. In May 2011, the following changes are made :

1. I § 12, paragraph 1. FOUR, ONE. pkt., in section 15, paragraph 1 shall be amended. 2 ' shall be : section 15 (5), 3 ".

2. I § 15 inserted after paragraph 1. 1 as new paragraph :

" Stop. 2. The Minister for the Industry and Growth Pact may lay down detailed rules on registration by a copy of the certificate referred to in paragraph 1. 1. In such cases, the notified document relating to ownership, pant and so provisionally in the Register shall be introduced. The document which is registered on the basis of a copy and any subsequent registrations made on the basis of such records shall be deleted from the register if the original certificate is not submitted within the prescribed period. ` ;

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

3. I § 36, paragraph. 3, in section 15, paragraph 1 shall be amended. Three to : " section 15, paragraph. 4 ".

4. I § 37, paragraph. 3, in section 15, paragraph 1 shall be amended. Three to : " section 15, paragraph. 4 ".

5. I § 175, paragraph. 1, "175,000 SDR" shall be replaced by : "400,000 SDR".

6. I § 322, paragraph. TWO, TWO. pkt., the " section 501 (1) is replaced by : 1, no. 7 "to :" § 501 (1) 1, no. SIX. "

7. I § 401, paragraph 1. THREE, ONE. pkt., the words ', as well as valuables referred to in section 419 (1). TWO. "

8. I § 402 the following shall be inserted after ' where different ' : ' shall mean the following section 403 a and 403 b, '.

9. Insert after section 403 :

" § 403 a. Regulation (EC) No 2 of the European Parliament and of the Council 392/2009 of 23. In April 2009 on the liability of carriers in maritime transport of passengers (the Athena Regulation) is also applicable to agreements on the transport of passengers at national speed with class C and -D passenger ships and ships carrying no more than 12 ; Passengers, cf. however, paragraph 1 2.

Paragraph 2. Class C and -D passenger ships and ships carrying no more than 12 passengers shall not be liable for passenger injuries as a result of terrorist or passenger injuries covered by the claims for compensation for disability, advance payment and the obligation to provide information in the Regulation referred to in paragraph 1. 1. Such ships shall not be subject to certification requirements either.

Paragraph 3. The Athena Regulation referred to in paragraph 1. Paragraph 1 shall apply by analoged to the carriage of passengers by national and international voylers not covered by the Regulation.

Paragraph 4. The Athena Regulation referred to in paragraph 1. Paragraph 1 shall apply by analoged to the carriage of passengers on a ship which runs or leaves the Danish port or other cargo and landfill in Denmark or on the Danish continental socket, or which carries out tasks in Danish maritime territory ; and the damage covered by the 1974 Convention of the 1974 Convention on the movement of passengers and their luggage to sea, as amended by the 2002 Protocol of 2002 (2002-Athena Convention), shall be subject to one of these sites.

§ 403 b. The head of class C-and-D passenger ships and ships carrying no more than 12 passengers shall be responsible for insurance.

Paragraph 2. The Maritime Agency may lay down rules on the ships to be considered to carry out transport with a maximum of 12 passengers, whether the requirements for liability insurance and so on and that proof of insurance should be brought on board and on request shall be provided to the competent authorities.

§ 403 c. The Maritime Agency may lay down rules on the issuance of certification for insurance and for the issue of the certificate of certification. The certificate must be kept on board and on request shall be issued by the competent authority. ` ;

10. § 418 ITREAS :

" § 418. The dispatcher is obliged to replace any loss or damage due to delays in the transport of passengers whose delay is due to failure or negligence shown by the abductor himself or someone to whom it is equivalent. ' ;

11. § 419 ITREAS :

" § 419. The dispatcher is obliged to replace any loss or injury due to delays in the carriage of goods or the delivery of cargo goods where the delay is due to failure or negligence shown by the abductor himself or someone to whom it is responding ; For. "

12. § 421 ITREAS :

" § 421. In the case of loss due to delay, the loss of the burden of proof that the loss is not due to errors or negligence shown by the person concerned or anyone to whom it is equivalent. ' ;

13. § 422, paragraph. 1 and 2, ITREAS :

' The liability of the disposal of the carrier as a result of the delay in connection with the carriage of passengers may not exceed 4.150 SDR.

Paragraph 2. Dispatchship ' s liability for losses resulting from the delay in travelling goods cannot exceed :

1) US$ 1,800 SDR. passenger on hand luggage,

2) 10,000 SDR each. vehicle and

3) 2,700 SDR each. passenger for other travel goods. ` ;

14. § 422, paragraph. 6, ITREAS :

" Stop. 6. A higher liability limit may be established in the form of a written and explicit agreement between the passenger and the suspension of the person in question. One and two mentioned. "

15. § 423 ITREAS :

" § 423. The dispatcher may make a deduction of not more than 20 SDR by the time limit for the loss of the goods. passenger for loss due to delay. ` ;

16. § 428, paragraph 1. 2, revoked.

17. § 429, paragraph. 1, ITREAS :

' The case of losses resulting from delays in the carriage of passengers and travelling goods can be submitted only to :

1) the court of the place where the defendant is domiciled or its headquarters, or

2) The court at the office of departure or at the office of destination in accordance with the transport agreement. `

18. The following section 429 is inserted :

" § 429 a. In cases covered by the 2002 Athentic Convention on the carriage of passengers and their luggage, the jurisdiction rules shall be applied in Article 17 of the Convention.

§ 429 b. In the case of carriage of passengers and travelling goods at sea, which are not covered by § 429 or § 429 a, the Chapter 22 of the Court of Justice shall apply.

§ 429 C. Judgable and enforceable judgment in a State which accedes to the 2002 Convention on the transport of passengers and their luggage to the sea, in accordance with Article 17 of the Convention, has a binding effect and may be enforced here in : the kingdom, when the judgment is made by a court competent in accordance with Article 17 of the Convention.

Paragraph 2. Paragraph 1 shall not apply, however, provided that the second result of the law on the Brussels I Regulation and so on, or of the law on the European Court of Justice and so forth, including notices issued under these laws. `

19. I § 430 the " section 501 (1) is replaced by : 1, no. 3 to 5 "to :" § 501, paragraph 1. 1, no. 3 and 4. "

20. I § 431, paragraph 1. 1 and 2, the following shall be inserted after ' liability ` shall mean : ' at delay `.

21. § 431, paragraph 1. 3, revoked.

Paragraph 4 becomes paragraph 4. 3.

22. § 501 (1) 1, no. 3, revoked.

Number 4-10 becomes the second paragraph. 3-9.

23. § 501 (1) 1, no. 4, No, no. paragraph 3 is replaced by the following

" 3) for claim on compensation after § 419, two years from that day, when the travel goods were the ship ' ;

24. I § 501 (1) 1, no. 5, No, no. 4, deleted, ", 2. Pct. "

25. I § 501 (1) TWO, ONE. pkt., the ' paragraph shall be amended 1, no. 2, 6 and 7 ' shall be replaced by the following : 1, no. 2, 5, and 6. "

26. I § 501 (1) 5, the ' paragraph shall be amended 1, no. paragraphs 3, 4 and 5 ` shall be replaced by the following : 1, no. 3 and 4. "

27. I § 514 (4)) 1, the words ' or section 197 ` shall be replaced by ' section 197, section 403 (b), 1, or section 403 (s) `.

28. I § 514 a pasted as Act 2. :

' In these rules the corresponding penalty shall be laid down for breach of the rules laid down in the European Union regulations on matters covered by the law. ` ;

29. I § 515 b the following shall be inserted after ' 198 ' : ', 403 a, 403 b, 403 c `.

§ 2

In the law of maritime safety, cf. Law Order no. 654 of 15. June 2010, as amended by Section 1 of law no. 493 of 12. May 2010, section 2 of Law No 251 of 30. March, 2011, section 16 of law no. 457 of 18. May 2011 and section 5 of the law. 622 of 14. June 2011, the following change is made :

1. § 20 a ITREAS :

" § 20 a. The Danish Maritime Service may also monitor compliance with the law on smoke-free environments on Danish ships and on compliance with the law on seafarers ' employment conditions, etc., on the ship ' s crew, on the law of ship ' s crew, cashier and sections 153, 186, 197 and 198, section 403 a, paragraph. 1-3, section 403 b, paragraph. 1, and Section 471 of the law and rules issued by virtue of this. The Maritime Agency may provide that conditions which are contrary to the laws or rules that have been issued pursuant thereto shall be put in order without delay or within a specified period of time.

Paragraph 2. section 16 (4). 2, section 17, paragraph. Articles 9 and 10, section 19, section 22, and section 24 and the rules adopted pursuant thereto and section 25 shall apply mutatis muth to the supervisory establishment in accordance with paragraph 1. 1.

Paragraph 3. The Minister for the Industry and Growth Pact may lay down rules on the supervision that is carried out under this law and on the processing of appeals from seafarers and others, including that it is not to be reported that surveillance visits are carried out as a result of a complaint. The rules on supervision of compliance with the rule of law on smoke-free environments on Danish ships are being negotiated with the Minister for Health and Prevention. '

§ 3

Law no. 251 of 30. March 2011 amending maritime law, the law on maritime safety and maritime law (Ply to insurance for legal requirements, the implementation of the Convention on Working conditions in the fisheries sector, etc.) is amended as follows :

1. § 2, nr. 4, revoked.

§ 4

Paragraph 1. The law shall enter into force on the 31. December 2012, cf. however, paragraph 1 Two and three.

Paragraph 2. § 1, no. 1-4, enter into force on 1 1. April 2012.

Paragraph 3. The Minister for the Industry and Growth Pact provides for the entry into force of section 1 (2). 5, 9, 17 and 18, and § § 2 and 3. The Minister may, in particular, provide for the entry into force of the provisions at different times.

§ 5

Paragraph 1. The law does not apply to the Faroe Islands and Greenland, cf. however, paragraph 1 Two and three.

Paragraph 2. In the case of Greenland, the law can, in full or in part, be put into force with the changes that the Greenland conditions say.

Paragraph 3. § 1, no. 5 to 29 may, in the case of the Faroe Islands, be applied in full or in part to the Faroe Islands, with the changes that the ferotable conditions are used.