Ordinance On The Registration Of Ships, Which Are Not Considered To Have Danish Owner

Original Language Title: Bekendtgørelse om registrering af skibe, som ikke anses for at have dansk ejer

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Overview (table of contents)



Annex 1



Schematic overview of order. the condition of establishment and activity condition


The full text of the Ordinance for the registration of ships, which are not considered to have Danish owner

Under section 2, paragraphs 1 and 2, in søloven of the basic regulation. lovbekendtgørelse nr. 856 of 1. July 2010, as amended by Act No. 619 of 12. June 2013, § 12, nr. 1, of the law on the Danish International ship register, see. lovbekendtgørelse nr. 273 of 11. April 1997, as amended by Act No. 526 by 7. June 2006, and § 2 (1) and (3) of law No. 963 by 9. December 1992 on Denmark's accession to the agreement on the European economic area (EEA Agreement), as amended by Act No. 264 of 20. April 2004, fixed in accordance with the authorisation granted pursuant to section 1, paragraph 1, no. 10, in order No. 744. by 24. June 2013 for henlæggelse af certain powers to the Danish maritime authority and access to justice, etc., shall be set: scope



§ 1. Ships belonging to natural persons, legal persons and party shipping companies, which are not considered Danish according to sølovens § 1, may, in accordance with the rules laid down in this Ordinance be reported to the registration in the register, the Danish International ship register or the fleet register.

(2). This order rules concerning natural persons, legal persons and party shipping companies, which are covered by the European Union rules on the right of establishment and provision of services, shall apply mutatis mutandis for natural persons, legal persons and party shipping companies from the countries covered by the agreement on the European economic area (EEA Agreement).

(3). Unless otherwise provided, the provisions of clauses in other legislation on notification and registration of ships in the ship register, the Danish International ship register or fleet register apply mutatis mutandis to ships covered by paragraph 1.

The condition of establishment



§ 2. Owners of ships registered under section 1 shall be in accordance with the detailed provisions of this Ordinance have ties to Denmark on one or more of the following ways (the condition of establishment): 1) For natural persons: (a)) Primary establishment, from which the person concerned pursues his economic activity from a fixed establishment in Denmark or a country that is a member of The European Union.

2) For legal persons: (a)) Primary establishment through the location of the owner's registered office, Central Administration or principal place of business in Denmark.

b) Secondary establishment through either the establishment of a subsidiary or a branch in Denmark or of an agency here in the country, which is manned by staff with a permanent authority to act on the owner's behalf.

c) designation of a natural or legal person in Denmark, which can be obtained for purposes of control and the like, and which could be arraigned on the owner or on behalf of the shipowner.

3) For party shipping companies: a) Designation/choice of a bestyrende nests, which is either a citizen of or a legal person in Denmark or in a country which is a member of The European Union.

Activity condition



§ 3. Ships registered under section 1, and which is used for commercial purposes, to be effectively managed, controlled and routed from Denmark (activity condition).

§ 4. Owners of ships registered under section 1, shall Ship Registrar account for that activity, the condition in accordance with the detailed rules of this order shall be fulfilled by the ship's owner, 2:1)) one of the owner designated natural or legal person in Denmark, or 3) a subsidiary, a branch or an agency created by the owner in Denmark.

Merchant ships



§ 5. Merchant ships belonging to natural persons who are covered by the European Union rules on the right of establishment and provision of services, can be registered pursuant to § 1, if the start-up condition set out in section 2, no. 1, point (a) is fulfilled.

(2). Registration is also subject to the condition that the activity condition, see. § 3 are fulfilled by the owner or by a natural or legal person referred to in article 6. § 4, no. 2 or 3.

§ 6. Merchant ships belonging to natural persons who are not covered by the European Union's rules on freedom of establishment and provision of services, may not be registered under section 1.

§ 7. Merchant ships belonging to legal persons who are covered by the European Union's rules on freedom of establishment and provision of services, can be registered pursuant to § 1, if one of the conditions of establishment in section 2, no. 2, are met.

(2). Registration is also subject to the condition that the activity condition, see. § 3 are fulfilled by a natural or legal person referred to in article 6. § 4, no. 2 or 3.

§ 8. Merchant ships belonging to legal persons, which are not covered by the European Union's rules on freedom of establishment and provision of services, can be registered pursuant to § 1, if one of the conditions of establishment in section 2, no. 2 (a) or (b) is fulfilled.

(2). Registration is also subject to the condition that the activity condition, see. § 3 are fulfilled by the same legal person who satisfies the condition of establishment, in accordance with paragraph 1.

§ 9. Merchant ships belonging to the party shipping companies, which are covered by the European Union rules on the right of establishment and provision of services, can be registered pursuant to § 1, if the start-up condition set out in section 2, no. 3 (a) are met.

(2). Registration in accordance with paragraph 1 shall at the same time, subject to the condition that the activity condition, see. § 3 are fulfilled by a natural or legal person referred to in article 6. § 4, no. 2 or 3.

(3). For merchant ships belonging to the party shipping companies, which are not covered by the European Union's rules on freedom of establishment and provision of services, the provisions of section 8 shall apply by analogy.

Fishing ships



§ 10. For fishing vessels belonging to natural persons, legal persons and party shipping companies, which are covered by the European Union rules on the right of establishment and provision of services, the deployment and activity conditions, as evidenced by, respectively, § 5, section 8 and section 9 (1) and (2) apply mutatis mutandis.

§ 11. Fishing vessels belonging to natural persons, legal persons and party shipping companies, which are not covered by the European Union's rules on freedom of establishment and provision of services, may not be registered under section 1.

Recreational craft



§ 12. Recreational craft which are not used for commercial purposes, under section 1 shall be recorded in the register, if the owner is an employee who works in, or is domiciled in Denmark, or are established in Denmark, see. Article 45, respectively, article 49 of the Treaty on the functioning of the European Union.

(2). Right to registration in accordance with paragraph 1 shall include also an owner, which has previously been employed or established in Denmark, and residing in Denmark.

Administrative provisions



§ 13. Review under section 1 is done on separate forms, which can be obtained from the Danish maritime authority or on the DMA website.

(2). The notification shall contain information about the owner/owners as well as about the person who pursuant to § 4 meets the condition activity.

(3). Notified Danish legal persons, must be attached to the transcript of the notification by the Business Agency's records.

(4). Declared non-Danish legal persons must be accompanied by evidence of compliance by the notification requirements for the creation and registration of companies, etc. in the country in which the legal person concerned has its registered office, Central Administration or principal place of business.

(5). Notification and registration in accordance with the rules of this order does not exempt for review that may be required in accordance with other legislation.

§ 14. The registration of ships under section 1 are accepted documents and evidence drafted in Danish, Swedish, Norwegian and English, see. However, paragraph 2. For documents and exhibits in other languages required are usually approved and notariseret translation in either Danish or English.

(2). Provide understanding of a Swedish, Norwegian or English-language document or other proof rise to doubts, can Ship Registrar require a certified translation into Danish.

§ 15. Change to the information notified, see. section 13, paragraph 2, of the owner/owners as well as whether the person meets the condition, activity of the owner or the person who pursuant to § 4 meets the condition activity, be reported to the ship's registry, Danish International ship register or fleet register for the purposes of assessing whether the conditions for registration continue to be fulfilled after the implementation of the changes.

§ 16. The notice shall enter into force on the 1. October 2013.

(2). The following regulations shall be repealed at the same time: 1) bekendtgørelse nr. 1044 of 6. December 1996 on registration in the register of ships, whose owner does not fulfil the conditions set out in section 1, and 2 sølovens) bekendtgørelse nr. 1046 of 6. December 1996 on registration in the Danish International ship register of ships, whose owner does not fulfil the conditions set out in section 1 sølovens.

§ 17. The Ordinance shall not apply to ships registered in Greenland.

The Danish maritime authority, the 25. Birgit Sølling Olsen September 2013/Henriette Bytoft Flügge



Annex 1 Schematic overview of order. the condition of establishment and activity the condition type of ship





Owner





EU/

The EEA





Requirements for establishment in Denmark





Activity from Denmark is exercised by:
Merchant ship





Physical

person





Yes





Primary establishment, from which the owner carries out its economic activity from a fixed establishment in Denmark or a country that is a member of The European Union or covered by the EEA Agreement (Iceland, Liechtenstein and Norway).





1) ship's owner.

2) one of the owner designated natural or legal person in Denmark.

3) A subsidiary, a branch or an agency created by the owner in Denmark.





 

 



No





Such ships can not be registered in the Danish ship registers.





 



Legal person





Yes





1) Primary establishment through the location of the owner's registered office, Central Administration or principal place of business in Denmark.

2) Secondary establishment through either the creation of a subsidiary, a branch or an agency in Denmark, which is manned by staff with a permanent authority to act on the owner's behalf.

3) designation of a natural or legal person in Denmark, which can be obtained for purposes of control and looked like, and which could be arraigned on the owner or on behalf of the shipowner.





1) one of the owner designated natural or legal person in Denmark, which may, but need not be the person, which may be obtained for purposes of control, etc.

2) A subsidiary, a branch or an agency created by the owner in Denmark, who may, but need not be the secondary establishment.





 

 



No





1) Primary establishment through the location of the owner's registered office, Central Administration or principal place of business in Denmark.

2) Secondary establishment through either the creation of a subsidiary, a branch or an agency in Denmark, which is manned by staff with a permanent authority to act on the owner's behalf.





The same legal person who satisfies the condition of establishment, IE. the owner created the primary or secondary establishment in Denmark (subsidiary, branch or agency).





 



Partrederi





Yes





Appointment/election of a bestyrende nests. The bestyrende nests must be a national of or a legal person in Denmark or a country that is a member of The European Union or covered by the EEA Agreement (Iceland, Liechtenstein and Norway).





1) one of the owner designated natural or legal person in Denmark who may, but need not be the bestyrende nests.

2) A subsidiary, a branch or an agency created by the owner in Denmark.





 

 



No





1) Primary establishment through the location of the owner's registered office, Central Administration or principal place of business in Denmark.

2) Secondary establishment through either the creation of a subsidiary, a branch or an agency in Denmark, which is manned by staff with a permanent authority to act on the owner's behalf.





The same legal person who satisfies the condition of establishment, IE. the owner created the primary or secondary establishment in Denmark (subsidiary, branch or agency).







Fishing vessel





Natural person





Yes





Primary establishment, from which the owner carries out its economic activity from a fixed establishment in Denmark or a country that is a member of The European Union or covered by the EEA Agreement (Iceland, Liechtenstein and Norway).





1) ship's owner.

2) one of the owner designated natural or legal person in Denmark.

3) A subsidiary, a branch or an agency created by the owner in Denmark.





 

 



No





Such ships can not be registered in the Danish ship registers.





 



Legal person





Yes





1) Primary establishment through the location of the owner's registered office, Central Administration or principal place of business in Denmark.

2) Secondary establishment through either the creation of a subsidiary, a branch or an agency in Denmark, which is manned by staff with a permanent authority to act on the owner's behalf.





The same legal person who satisfies the condition of establishment, IE. the owner created the primary or secondary establishment in Denmark (subsidiary, branch or agency).





 

 



No





Such ships can not be registered in the Danish ship registers.





 



Partrederi





Yes





Appointment/election of a bestyrende nests. The bestyrende nests must be a national of or a legal person in Denmark or a country that is a member of The European Union or covered by the EEA Agreement (Iceland, Liechtenstein and Norway).





1) one of the owner designated natural or legal person in Denmark who may, but need not be the bestyrende nests.

2) A subsidiary, a branch or an agency created by the owner in Denmark.





 

 



No





Such ships can not be registered in the Danish ship registers.







Recreational craft (which alone can be recorded in the register of ships).





Physical and legal persons





Yes





The owner is:

1) worker, who works in, or is domiciled in Denmark, see. Article 45 of the Treaty on the functioning of the European Union.

2) established in Denmark, see. Article 49 of the Treaty on the functioning of the European Union.

3) A person, whether previously employed or established in Denmark, and is domiciled in Denmark.





No activity requirements, since such ships are not used for commercial purposes.





 

 



No





Such ships can not be registered in the ship register.