DENMARK Law and Practice Contributed by: Johannes Grove Nielsen, Camilla Søgaard Hudson, Lars Rosenberg Overby and Malthe Hersom Kløft, Bech-Bruun
Bech-Bruun Gdanskgade 18 2150 Nordhavn Copenhagen Denmark Tel: +45 7227 3377
Email: jgn@bechbruun.com Web: www.bechbruun.com
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts The Danish Maritime Authority is a part of the Danish Ministry of Industry, Business and Financial Affairs, and is a government agency of Denmark that regu - lates maritime affairs. Maritime and shipping-related disputes are in the first instance heard by the Danish Maritime and Commer - cial Court. The authority of the Danish Maritime and Commercial Court is set out in the Danish Adminis - tration of Justice Act, which provides the Maritime and Commercial Court with authority over disputes concerning international trade relations as well as over disputes concerning transport in a broad sense, including sea, land, air and rail. The most common types of maritime and shipping- related claims brought before the Danish Maritime and Commercial Court are claims concerning carriage of goods, charterparties and bunker disputes. 1.2 Port State Control The Danish Maritime Authority operates as the port state control agency under the Danish Ministry of Industry, Business and Financial Affairs. The Danish Maritime Authority is the inspecting body for all ves - sels flying the Danish flag.
The Danish Maritime Authority has authorised several classification societies (“recognised organisations”) to perform various approval and certification tasks on board Danish ships. All vessels must be designed, constructed and maintained as per the standards of these classification societies. There are no requirements for regular filings of any kind in Denmark. Ship-owners must ensure the validity of certificates and reapply for new certificates in the case of expiry thereof. Denmark strives to have regulation that ensures a competitive environment of a certain level for all ship- owners – both national and international – while ensur- ing that the shipping industry continues to become cleaner and safer. This is achieved through Denmark’s membership of the International Maritime Organiza - tion (IMO). The Danish Maritime Authority may detain a ship if the ship’s continued sailing constitutes a danger owing to faults or deficiencies in the hull, machinery, safety equipment, location of ballast and cargo or manning, or for other reasons associated with danger to the safety of occupants or danger of pollution. In the event of a grounding in Danish territorial waters or within the Danish exclusive economic zone, the master of the vessel must report the grounding to the Danish Maritime Authority. The registered owner of a vessel flying the Danish flag has a duty to ensure that the wreck is removed.
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