Parliament Act No. 4 Of 4 June 2012 On The Greenland Oil Spill Response A / S

Original Language Title: Inatsisartutlov nr. 4 af 4. juni 2012 om Greenland Oil Spill Response A/S

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Parliament Act no. 4 of 4 June 2012 on the Greenland Oil Spill Response A / S

Modified repeals, hovedlov replaces information

Modified by
Parliament Act no. 22 of 3 December 2012 amending the Greenland Parliament Act on Greenland Oil Spill Response A / S (Correction of § 11 paragraph. 4, in the Greenlandic legal text)

Foundation, purpose and liability
§ 1. The Government establishes a limited company with a share capital of 500,000 kr. By the foundation.
Subsection. 2. The name of the Greenland Oil Spill Response A / S. The company's secondary names are Kalaallit Nunaanni Uuliamik Mingutsitsinermi Upalungaaqqut A / S (Greenland Oil Spill Response A / S) and Greenlandic Oil Pollution Preparedness A / S (Greenland Oil Spill Response A / S). The Company may operate under other secondary names.
Subsection. 3. The Company's share capital subscribed and corrected Minister and held by the Government of Greenland, cf.. However, § 4. The share capital corrected by interposing assets in the form of equipment needed for oil pollution preparedness, oil pollution control, environmental clean-up after oil spills or the like.
Subsection. 4. The company's aim is to operate on a commercial basis on Oil Pollution Preparedness, oil pollution control, environmental clean-up after the oil spill and other related activities in the mineral resource area in Greenland. The company may also carry on business in other areas of Greenland, to the extent stated in the Articles of Association.
Subsection. 5. The company's aim is also to contribute to the establishment, operation and expansion of an oil spill preparedness in the mineral resource area in Greenland, including through active participation in exercises.
Subsection. 6. The Company is an independent company. It operates without liability to Greenland.

Definitions
§ 2. When oil is meant oil and other hydrocarbons. The same applies to oil pollution, oil pollution preparedness and oil pollution response.
Subsection. 2. Mineral Resources Act understood Greenland Parliament Act on Mineral Resources and activities of meanings (the Mineral Resources Act).
Subsection. 3. The company understood Greenland Oil Spill Response A / S.
Operating and financing
§ 3. The Company may not borrow funds to operate its business, including to fund capital expenditures, unless the provision of loans approved by the General Assembly. Loans may only be admitted on the basis of a financing and investment plan, approved by the General Assembly.

Self-Government's sale of shares
§ 4. The Government may, after January 1, 2016 to sell up to one-third stake in the company after January 1, 2018 to sell up to two-thirds of the shares and after January 1, 2020 to sell all shares.
Subsection. 2. §§ 8 and 9 shall not apply where at least two-thirds of the shares owned by other than the Greenland Home Rule.

General Assembly, Board of Directors and
§ 5. The Board shall possess general business and management skills and insight into mining activities, oil spill preparedness, oil pollution control and environmental clean-up after oil spills.
Subsection. 2. A person who is a member of Inatsisartut or Naalakkersuisut must not be a Board member. The same applies to a person who is covered by any of the matters mentioned in § 6 paragraph. 1, no. 3-5.
Subsection. 3 pieces. 2 shall not apply if at least two thirds of the shares owned by other than Greenland.
§ 6. The Board of Directors shall convene an extraordinary general meeting for additional election to the Board for the remainder of the term, if one of the following conditions exist for a board elected at the meeting:

1) The Board member resigns.

2) The Board member joins the Minister or Inatsisartut.

3) The Board member goes into bankruptcy.

4) The Board member has been guilty of an act that makes the unworthy to continue to be a member of the board.

5) The Board member has, due to a prolonged illness or other impairment, proved unable to serve as a Member of the Board, or has proved obviously inadequate.
Subsection. 2. In a case referred to in paragraph. 1, no. 2-5, the board member immediately inform the board about the relationship and immediately resign from the Board.
Subsection. 3 pieces. 1 pt. 2 shall not apply if at least two thirds of the shares owned by other than Greenland.
§ 7. The Director may only be appointed a person who generally have skills equivalent to board members' qualifications, see. § 5, paragraph. 1.
Subsection. 2. A person who is convicted of more serious tax offenses or violations of regulations on economic crime in the Criminal Code for Greenland shall not be director.

Subsection. 3. A person who is a member of Inatsisartut or Naalakkersuisut may not be the director.
Subsection. 4 pcs. 3 shall not apply if at least two thirds of the shares owned by other than Greenland.

Licensees and others agreements with the company on its benefits
§ 8. A licensee has been granted a license under the Mineral Resources Act, must assume and carry out an agreement with the company on its supply of services on Oil Pollution Preparedness, oil pollution control and environmental clean-up after oil spills to the extent that the company offers delivery of such services and the concerns permit or activities under the license, cf. PCS. 2 and 3.
paragraph. 2. The agreement referred to in paragraph. 1 will be concluded and fulfilled in the following cases:

1) When the permit is a permit for prospecting, exploration and exploitation of hydrocarbons in the inland waters of Greenland or in the territorial sea, the exclusive economic zone or continental shelf area of ​​Greenland. The licensee shall then pay subscription fees during the license period and provided remuneration to the extent that activities performed and performance fees to the extent that benefits are received, see. § 9.

2) When the permit is a permit for prospecting, exploration or exploitation of hydrocarbons or minerals in a rural area in Greenland and ships or other vessels used in inland waters in Greenland or in the territorial waters or the exclusive economic zone of Greenland in connection with activities under the license. The licensee shall then pay disposal fees to the extent that activities performed and performance fees to the extent that benefits are received, see. § 9.

3) When the license is a license to establish and operate a pipeline for use for activities under the Mineral Resources Act and the pipeline established wholly or partly in inland waters in Greenland or in the territorial waters or the exclusive economic zone of Greenland. The licensee shall then pay subscription fees during the license period and provided remuneration to the extent that activities performed and performance fees to the extent that benefits are received, see. § 9.
Subsection. 3. The Government may provide that an agreement mentioned in paragraph. 1 will be concluded and fulfilled in cases other than those referred to in paragraph. 2. II.
Subsection. 4. It is stated in paragraph. 1-3 does not apply to the extent that the benefits or the company's terms for delivery of the services are clearly not competitive in technical and commercial terms and licensee proves this. It stated in paragraph. 1-3 shall also apply not to the extent that the licensee make and meet one or more agreements with one or more other Greenlandic companies for their supply of services similar to the services covered by paragraph. 1-3.
Subsection. 5. Where an agreement referred to in paragraph. 1 will be concluded and fulfilled, see. Paragraph. 1-3, the Greenland Government may notify the licensee direction that this must not carry out activities under the license before the licensee either has entered and met such an agreement or has demonstrated any of the following:

1) The Company's services or the Company for the delivery of service is clearly not competitive in technical and commercial terms, see. Paragraph. 4.

2) The licensee has entered into and fulfilled one or more agreements with one or more other Greenlandic companies for their supply of services similar to the services covered by paragraph. 1-3, see. Paragraph. 4.
Subsection. 6. A licensee who make and fulfill an agreement referred to in paragraph. 1 shall also conduct other activities and take other measures, including conclude and apply agreements with other suppliers for the provision of services referred to in paragraph. 1, to the extent necessary to meet the demands for oil pollution preparedness etc. by Mineral Resources Act, permit or plan for activities under the license.
§ 9. Services included in an agreement referred to in § 8 must be supplied at market prices and on market terms. Prices and terms must be determined taking into account that the company will contribute to the establishment, operation and expansion of an oil spill preparedness in the mineral resource area in Greenland according to. § 1. 5, and that the company's expenses in connection therewith should be covered by the grant recipients the payment of remuneration for its services.
Subsection. 2. The remuneration for services covered by an agreement referred to in § 8 will be determined by one or more of the following types of remuneration:

1) An amount paid for access to its benefits for a period, whether activities are performed or not performed, and whether specific services are received or not received (subscription fees).


2) An amount paid for access to its benefits for a period, to the extent that activities are carried out, but whether specific services received or not received (disposal fees).

3) An amount paid to the extent practical benefits received (performance fees), including the use of payment (or rent payment) for the use (or rent) of response equipment.
Subsection. 3. Subscription fees will be payable periodically in advance. The same applies to remuneration available to the extent that the scope of activities is known prior to their execution.

Governing law and jurisdiction for lawsuits
§ 10. Lawsuits against the company only in the Court of Greenland as the first instance, unless otherwise provided by international agreements or the Company otherwise agree with its supplier or service provider.
Subsection. 2. Disputes concerning the requirements regarding the company's business by this Act, including private legal claims against parties residing in this country or abroad, the company brought before the Court of Greenland as the first instance, unless otherwise provided by international agreements or company agreements with other its supplier or service provider.
Subsection. 3. Cases under subsection. 1 and 2, shall be settled by Greenlandic law, unless otherwise provided by international agreements.

Authority consideration, etc.
§ 11. The Greenland Government may lay down detailed provisions for special tasks in accordance with § 1. 5, the contents of agreements under § 8, and on services and on general terms of pricing in accordance with § 9.
Subsection. 2. The Government oversees the company's equipment fulfills the purpose of § 1. 4, operation and maintenance of oil pollution preparedness in accordance with § 1. 5 and the content of contracts for services with the company and calculation of the consideration received by §§ 8 and 9. The Authority's employees have at any time without a court order on proof of identity access to physically inspect the company's equipment.
Subsection. 3. The Government may issue an order to comply with the Greenland Parliament Act and provisions laid down in pursuance of the Act.
Subsection. 4. Licensees and the company must provide all information necessary for the Greenland Government may carry out adequate supervision in accordance with paragraph. 2. The Government may for the purpose of supervision under the Act impose and rights holders to provide information on the manner and in the form that the Greenland Government considers necessary.

Penalties and entry into force etc.
§ 12. There may be fined the person who intentionally or recklessly:

1) Submits incorrect or misleading information or withhold information that an authority is entitled according to § 11 paragraph. 4.

2) Failure to enter into or fulfill a contract to be awarded and executed according to § 8 paragraph. 1-4.

3) Fails to comply with orders issued under § 8 paragraph. 5, or § 11 paragraph. 3.
Subsection. 2. The provisions laid down in pursuance of the Act may provide that for infringements of the provisions may be fined.
Subsection. 3. Where the Greenland Parliament Act or regulations pursuant to the Act provides for the imposition of fines, the fine imposed on a legal person under the provisions of the Criminal Code for Greenland.
Subsection. 4. Cases under subsection. 1-3 before the Court of Greenland as first instance.
Subsection. 5. Fines imposed under this Act or regulations under this Act accrue to the Treasury.
§ 13. The Greenland Parliament Act comes into force on 1 July 2012.
Subsection. 2. The Greenland Parliament Act applies to permits under the Mineral Resources Act, including permits granted by the Greenland Parliament Act entered into force, as well as licensees under such authorizations.

Greenland, June 4, 2012

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