Marine Protection Act (LBK No. 1032 of 2023).

Subject

Environment gen., Sea, Waste & hazardous substances

Keyword

Marine pollution Pollution control Basic legislation Protected area Oil pollution EEZ-Exclusive Economic Zone Maritime zone Marine area

Geographical area

Europe, Europe and Central Asia, European Union Countries, North Sea, North-East Atlantic, Northern Europe

Abstract

This Act sets regulations for the protection of the marine environment and with the purpose of restricting and preventing marine pollution. The Act applies to vessels, vehicles, platforms and the likes operating in the Danish maritime area and implements the requirement for compliance on their machinery and equipment which may eventually pollute the sea. Certain maritime zones are subject to restrictions in view of pollution from oil, hazardous substances, sewage and wastewater, discharge/ dumping at sea etc. The Minister of Food and Environment of Denmark shall ensure that the implementation of international agreements shall be applied in specified waters nearest the coast. Vessels shall be required to notify their identity, port of registry, last and next port of call and other relevant information necessary and to prevent cases where foreign vessels transiting in the exclusive economic zone or territorial waters in the exclusive economic zone have violated the Marine Environment Protection Act. Should this occur, they shall be subject to provisions of inspection in the transiting marine area. No form for oil discharge is allowed in the Danish marine area. The Minister of Environment and Food shall apply international agreements regulations concerning the discharge of oil and oily ballast water in the exclusive economic zones or outside Danish territorial waters from oil tankers, or other vessels and platforms – and will determine compliance of location, the method and quantities of such discharges (art. 11). Liquid substances defined in this Act shall include these having a vapor pressure not exceeding 2.8 kp/cm2 and at a temperature of 37.8 celsius degree (art. 12). The Minister can approve facilities for the treatment of ballast water, including the information contained in the application requests, and with the involvement of the United Nations International Maritime Organization. Furthermore these authorization requests must be subject to the submission of results of studies demonstrating that said facilities meet standards of care. The UN International Maritime Organization shall require the payment of USD 50 000 by the applicants when submitting application for approval of said facilities (art. 19). Discharge of sewage is not permitted, provided discharge facilities have prior been approved and sewage has undergone standard disinfection procedures prior to dumping in an area distancing minimum 4 sea miles from the closest coast (art. 20). The Minister can implement regulations on the discharge into the sea of other substances and materials resulting from the exploration or exploitation of seabed mineral resources, including hydrocarbons (art. 30). Discharge into the sea of substances or materials for the purpose of scientific research of sea pollution control or pervention should not take place without the Ministrt's authorizsation. In the exclusive economic zones or outside Danish territorial waters may be permit granted by governmental competent authorities adhering to the Convention on the Protection of the Marine Environment of the Baltic Sea region or the Convention on the Prevention of Pollution from Ships (art. 54).

Full text

Danish

Website

www.retsinformation.dk

References - Legislation

Implements

Directive 2009/16/EC of the European Parliament and of the Council on port State control.

Legislation | European Union | 2009

Keyword: Marine pollution, Pollution control, Harbour, Enforcement/compliance

Source: FAO, FAOLEX

Directive 2004/35/CE of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage.

Legislation | European Union | 2004 (2019)

Keyword: Liability/compensation, Polluter pays principle, Protection of habitats, Data collection/reporting, Pollution control, Public health, Soil pollution/quality, Marine pollution, Sustainable use, Ecosystem preservation, Freshwater pollution, Protection of species

Source: FAO, FAOLEX

Council Directive 79/409/EEC on the conservation of wild birds.

Legislation | European Union | 1979 (2003)

Keyword: Birds, Hunting/capture, Endangered species, Management/conservation, Protection of habitats, Hunting gear/hunting methods, Protection of species

Source: FAO, FAOLEX

Directive 2005/35/EC of the European Parliament and of the Council on ship-source pollution and on the introduction of penalties for infringements.

Legislation | European Union | 2005

Keyword: Marine pollution, Pollution control, Offences/penalties, Maritime zone, EEZ-Exclusive Economic Zone, High seas, Territorial sea, Oil pollution, Freshwater pollution, Navigation, Liability/compensation

Source: FAO, FAOLEX

Directive 2003/35/EC of the European Parliament and of the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC.

Legislation | European Union | 2003

Keyword: Environmental planning, Access-to-information, Legal proceedings/administrative proceedings, Access-to-justice, Governance, Public participation, Policy/planning

Source: FAO, FAOLEX

Directive 2002/59/EC of the European Parliament and of the Council establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC.

Legislation | European Union | 2002

Keyword: Marine pollution, Pollution control, Hazards, Hazardous substances, Access-to-information, Data collection/reporting, Inspection

Source: FAO, FAOLEX

Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora

Legislation | European Union | 1992 (2013)

Keyword: Ecosystem preservation, Protected area, Biodiversity, Protection of habitats, Wild fauna, Wild flora, Management/conservation, Endangered species, Hunting/capture, Hunting gear/hunting methods, Data collection/reporting, Protection of species

Source: FAO, FAOLEX

Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control).

Legislation | European Union | 1995

Keyword: Marine pollution, Pollution control, Maritime zone, Harbour, Inspection, Data collection/reporting, Enforcement/compliance

Source: FAO, FAOLEX

Council Directive 94/57/EC on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations.

Legislation | European Union | 1994

Keyword: Marine pollution, Inspection, Non-governmental entity

Source: FAO, FAOLEX

Directive 2013/30/EU of the European Parliament and of the Council on safety of offshore oil and gas operations and amending Directive 2004/35/EC.

Legislation | European Union | 2013

Keyword: Energy conservation/energy production, Business/industry/corporations, Natural gas, Liability/compensation, Polluter pays principle, Protection of habitats, Data collection/reporting, Marine pollution, Oil pollution

Source: FAO, FAOLEX

Amends

Act amending Nature Protection Act, the Environmental Protection Act and various other laws (No. 484 of 2010).

Legislation | Denmark | 2010

Keyword: Energy conservation/energy production, Environmental standards, Environmental planning, Policy/planning, Standards, Protection of environment, Authorization/permit, Marine protected areas, Protected area, Hazardous substances, Water supply, Flood, Freshwater resources management, National parks, Hunting/capture, Management/conservation

Source: FAO, FAOLEX

Act amending the Environmental Protection Act, Act on environmental permits of livestock, the Contaminated Soil Act and various other Acts (No. 446 of 2012).

Legislation | Denmark | 2012

Keyword: Legal proceedings/administrative proceedings, Data collection/reporting, Pollution control, Authorization/permit, Freshwater pollution, Fertilizers/nutrients, Emissions, Protection of habitats, Aquaculture, Fishery management and conservation, Management/conservation, Wild fauna, Wild flora

Source: FAO, FAOLEX

Implemented by

Order No. 32 on dumping of occupied sea-bed material (dredging).

Legislation | Denmark | 2011

Keyword: Pollution control, Marine pollution, Deep sea bed, Waste disposal, Authorization/permit, Waste management, Hazardous substances, Hazardous waste

Source: FAO, FAOLEX

Order No. 1411 on Danish Nature Agency delegation of tasks and powers.

Legislation | Denmark | 2010

Keyword: Legal proceedings/administrative proceedings, Institution, Environmental audit, Protected area, Protection of habitats, Enforcement/compliance, Environmental planning, Protection of environment, Policy/planning

Source: FAO, FAOLEX

Order No. 1325 on emission limits for sulfur dioxide, nitrogen oxides, volatile organic compounds and ammonia.

Legislation | Denmark | 2011

Keyword: Emissions, Air quality/air pollution, Hazardous substances, Pollution control, Marine pollution

Source: FAO, FAOLEX

Order No. 33 on planning for emergency areas.

Legislation | Denmark | 2011

Keyword: Marine pollution, Protected area, Navigation, Early warning system

Source: FAO, FAOLEX

Order No. 973 on delegation of tasks and responsibilities to Nature Agency.

Legislation | Denmark | 2014

Keyword: Legal proceedings/administrative proceedings, Governance

Source: FAO, FAOLEX

Order No. 1171 on the reporting of information concerning dangerous goods by vessel-reporting system BELTREP.

Legislation | Denmark | 2013

Keyword: Data collection/reporting, EEZ-Exclusive Economic Zone, Navigation, Territorial sea, Maritime zone

Source: FAO, FAOLEX

Order No. 1254 on delegation the Minister of Environment's powers in the Environmental Protection Act and other laws related to the Environmental Protection Agency.

Legislation | Denmark | 2013

Keyword: Legal proceedings/administrative proceedings, Environmental planning, Institution, Protection of habitats, Policy/planning

Source: FAO, FAOLEX

Order No. 508 on prevention of air pollution from ships and platforms.

Legislation | Denmark | 2005

Keyword: Air quality/air pollution, Pollution control, Marine pollution

Source: FAO, FAOLEX

Order No. 408 on the management of international environment protection areas and on the protection of certain species.

Legislation | Denmark | 2007

Keyword: Protected area, Protection of habitats, Ecofriendly products/ecofriendly processes, Ecosystem preservation, Environmental planning, Mining, Urban land, Wetlands, Policy/planning, Inland waters, Birds, Management/conservation, Wild fauna, Wild flora, Protection of species

Source: FAO, FAOLEX

Order No. 415 on harbour reception facilities for ship-generated waste, waste delivery and planning.

Legislation | Denmark | 2012

Keyword: Waste disposal, Harbour, Transport/storage, Policy/planning, Pollution control, Marine pollution, Transboundary movement of waste, Hazardous substances, Hazardous waste, Oil, Sewerage, Waste management

Source: FAO, FAOLEX

Order No. 654 on the management of ballast water and sediments from ships' ballast water tanks.

Legislation | Denmark | 2012

Keyword: Waste management, Data collection/reporting, Environmental standards, Biological control agents, Hazardous waste, Pollution control, Marine pollution, Standards, Protection of environment, Hazardous substances, Certification, Monitoring, EIA

Source: FAO, FAOLEX

Order No. 175 on classification, transport and discharge of liquid substances carried in bulk.

Legislation | Denmark | 2014

Keyword: Marine pollution, Oil pollution, Transport/storage, Classification/declassification, Hazardous substances, Pollution control

Source: FAO, FAOLEX

Order No. 174 on oil discharge from ships.

Legislation | Denmark | 2014

Keyword: Marine pollution, Oil pollution, Offences/penalties, Hazardous substances, Hazardous waste, Waste management

Source: FAO, FAOLEX

Order No. 231 on quality requirements for environmental measurements.

Legislation | Denmark | 2014

Keyword: Authorization/permit, Inspection, Air quality/air pollution, Biological control agents, Groundwater, Hazardous substances, Inland waters, Monitoring, Pollution control, Environmental audit, Environmental standards, Certification, Standards, Protection of environment, Surface water, Protected area, Freshwater pollution

Source: FAO, FAOLEX

Order No. 1130 on dumping of occupied sea-bed material (dredging).

Legislation | Denmark | 2015

Keyword: Pollution control, Marine pollution, Deep sea bed, Authorization/permit, Hazardous substances, Hazardous waste, Waste management

Source: FAO, FAOLEX

Order No. 1456 on emission limits for sulfur dioxide, nitrogen oxides, volatile organic compounds and ammonia.

Legislation | Denmark | 2015

Keyword: Emissions, Air quality/air pollution, Hazardous substances, Pollution control, Marine pollution

Source: FAO, FAOLEX

Order No. 1311 on quality requirements for environmental measurements.

Legislation | Denmark | 2015

Keyword: Inspection, Air quality/air pollution, Biological control agents, Environmental standards, Certification, Pollution control, Environmental audit, Standards, Protection of environment, Monitoring, Hazardous substances, Waste disposal, Waste management, Surface water, Freshwater pollution

Source: FAO, FAOLEX

Order No. 909 on readiness at sea pollution from oil and gas installations, pipelines and other platforms.

Legislation | Denmark | 2015

Keyword: Hazards, Environmental planning, Hazardous substances, Marine pollution, Oil pollution, Policy/planning, Pollution control, Procedural matters

Source: FAO, FAOLEX

Order No. 1542 on prevention of air pollution from ships and platforms.

Legislation | Denmark | 2015

Keyword: Emissions, Air quality/air pollution, Pollution control, Marine pollution

Source: FAO, FAOLEX

Order No. 138 on emission limits for sulfur dioxide, nitrogen oxides, volatile organic compounds and ammonia.

Legislation | Denmark | 2017

Keyword: Emissions, Air quality/air pollution, Hazardous substances, Data collection/reporting, Legal proceedings/administrative proceedings, Environmental planning, Monitoring, Pollution control, Policy/planning

Source: FAO, FAOLEX

Order No. 1348 on port reception facilities for waste from ships, waste delivery and port's waste planning.

Legislation | Denmark | 2021

Keyword: Marine pollution, Harbour, Waste disposal, Transport/storage, Policy/planning, Pollution control, Waste management, Transboundary movement of waste, Hazardous waste, Hazardous substances, Oil, Sewerage, Effluent waste water/discharge

Source: FAO, FAOLEX

Amended by

Act No. 564 of 2005 to amend Act on the Protection of the Marine Environment, the Act relative to watercourses, the Act relative to summer holiday dwellings and campings and various other Acts.

Legislation | Denmark | 2005

Keyword: Marine pollution, Inland waters, Institution

Source: FAO, FAOLEX

Act amending Nature Protection Act, the Environmental Protection Act and various other laws (No. 484 of 2010).

Legislation | Denmark | 2010

Keyword: Energy conservation/energy production, Environmental standards, Environmental planning, Policy/planning, Standards, Protection of environment, Authorization/permit, Marine protected areas, Protected area, Hazardous substances, Water supply, Flood, Freshwater resources management, National parks, Hunting/capture, Management/conservation

Source: FAO, FAOLEX

Act amending various laws under the Environment Ministry (No. 172 of 2008).

Legislation | Denmark | 2008

Keyword: Enforcement/compliance, Access-to-information, Marine protected areas, Protected area, Pollution control, Hazardous substances, Water supply

Source: FAO, FAOLEX

Act relevant to taxation (No. 1336 of 2008).

Legislation | Denmark | 2008

Keyword: Tax/levy, Governance

Source: FAO, FAOLEX

Act amending the Environmental Protection Act, the Marine Environment Protection Act and various other laws (No. 1571 of 2006).

Legislation | Denmark | 2006

Keyword: Legal proceedings/administrative proceedings, Governance

Source: FAO, FAOLEX

Act amending the Environmental Protection Act and various other laws (No. 173 of 2008).

Legislation | Denmark | 2008

Keyword: Offences/penalties, Legal proceedings/administrative proceedings, Marine pollution, Deep sea bed, Hazardous substances

Source: FAO, FAOLEX

Act amending the Nature Protection Act, Environmental Protection Act and other laws (No. 571 of 2006).

Legislation | Denmark | 2006

Keyword: Offences/penalties, Legal proceedings/administrative proceedings, Genetically modified organism (GMO), Hazardous substances, Marine pollution, Pollution control

Source: FAO, FAOLEX

Act No. 1373 of 2004 to amend various Acts in the field of environment protection.

Legislation | Denmark | 2004

Keyword: Enforcement/compliance, Offences/penalties

Source: FAO, FAOLEX

Act No. 545 of 2005 to amend various Acts in the field of public health and certain other sectors.

Legislation | Denmark | 2005

Keyword: Institution, Protection of environment

Source: FAO, FAOLEX

Act amending the Environmental Protection Act, Act on environmental permits of livestock, the Contaminated Soil Act and various other Acts (No. 446 of 2012).

Legislation | Denmark | 2012

Keyword: Legal proceedings/administrative proceedings, Data collection/reporting, Pollution control, Authorization/permit, Freshwater pollution, Fertilizers/nutrients, Emissions, Protection of habitats, Aquaculture, Fishery management and conservation, Management/conservation, Wild fauna, Wild flora

Source: FAO, FAOLEX

Act amending Nature and Environmental Act and others.

Legislation | Denmark | 2012

Keyword: Legal proceedings/administrative proceedings, Data collection/reporting, Protection of environment, Governance

Source: FAO, FAOLEX

Act amending the Law on Natural and Environmental Appeal Board and various other Acts (No. 580 of 2012).

Legislation | Denmark | 2012

Keyword: Legal proceedings/administrative proceedings, Data collection/reporting, Registration, Access-to-justice, Access-to-information, Protection of environment

Source: FAO, FAOLEX

Act amending the Environmental Protection Act, the Planning Act and various other Acts (No. 1273 of 2011).

Legislation | Denmark | 2011

Keyword: Data collection/reporting, Internal trade, Legal proceedings/administrative proceedings, Access-to-information, Access-to-justice, Protection of environment

Source: FAO, FAOLEX

Proposition Document 2013/1 LSF 62 for amending Act on Nature and Environment Board of Appeals and other Acts.

Legislation | Denmark | 2013

Keyword: Data collection/reporting, Legal proceedings/administrative proceedings, Offences/penalties, Governance

Source: FAO, FAOLEX

Act amending Act on Nature and Environment Board of Appeals and other Acts (No. 86 of 2014).

Legislation | Denmark | 2014

Keyword: Legal proceedings/administrative proceedings, Data collection/reporting, Environmental planning, Governance, Policy/planning

Source: FAO, FAOLEX