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The Merchant Shipping Act We MARGRETHE the SECOND, by the Grace of God Queen of Denmark, Hereby Witness

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The Merchant Shipping Act We MARGRETHE the SECOND, by the Grace of God Queen of Denmark, Hereby Witness Translation: Only the Danish document has legal validity Decree no. 187 of 8 February 2017 issued by the Danish Maritime Authority Decree on the entry into force for the Faroe Islands of the merchant shipping act We MARGRETHE THE SECOND, by the grace of God Queen of Denmark, hereby witness: Pursuant to section 5171 of act no. 170 of 16 March 1994 on the merchant shipping act, section 2(1)2 of act no. 205 of 29 March 1995 amending the merchant shipping act, section 53 of act no. 394 of 22 May 1996 amending the act on protection of the marine environment, the act on ship safety, etc. and the merchant shipping act (amendments as a consequence of the act on exclusive economic zones), section 4(3)4 of act no. 14 of 13 January 1997 amending the seamen's act and the merchant shipping act (severance allowance, hours of rest and the Lugano Convention), section 3 of act no. 901 of 16 December 1998 amending the merchant shipping act and repealing the act on ship registration (transfer of registration regulations, etc.), as amended by section 75 of act no. 1384 of 23 December 2012 (implementation of the wreck removal convention, adjustments as a consequence of the regulation on passenger rights, fees for certificates of competency and proficiency, introduction of an annual fee for ships admitted to the registers of shipping and sanctioning of the master's obligation to rescue those on board, etc.), section 36 of act no. 228 of 21 April 1999 amending the merchant shipping act (implementation of the 1996 protocol to the convention on global limitation of 1976, etc.), section 47 of act no. 106 of 13 February 2001 amending the merchant shipping act and the administration of justice act (maritime inquiry and compensation in connection with the carriage of oil by sea), as amended by section 8 of act no. 1384 of 23 December 2012 (implementation of the wreck removal convention, adjustments as a consequence of the regulation on passenger rights, fees for certificates of competency and proficiency, introduction of an annual fee for ships admitted to the registers of shipping and sanctioning of the master's obligation to rescue those on board, etc.), section 38 of act no. 599 of 24 June 2005 amending the merchant shipping act (liability for pollution damage caused by bunker oil and liability for damage in connection with carriage by sea of dangerous and polluting substances), section 6(2)9 of act no. 526 of 7 June 2006 amending the merchant shipping act and various other acts (digital ship registration, mortgages, seizure, etc. of fishing rights, distribution of salvage money and ships' port of registry), section 110(4)10 of act no. 538 of 8 June 2006 amending the administration of justice act and various other acts (police and court reform), section 9(2)11 of act no. 493 of 12 May 2010 amending the act on safety at sea, the seamen's act and various other acts and repealing engagement of ship's crews (implementation of the Maritime Labour Convention), modernisation of provisions on inspection, prohibition against sailing under the influence of alcohol in Greenland waters, etc.), section 6(2)12 of act no. 251 of 30 March 2001 amending the merchant shipping act, the act on safety at sea and the seamen's act (obligation to take out insurance against maritime claims, implementation of the work in fishing convention, etc.), section 15(3)13 of act no. 457 of 18 May 2011 on 1 The provision is as follows: "The act shall not apply to Greenland and the Faroe Islands, but may be put into force for these parts of the realm by royal decree with the amendments deriving from the special Faroese and Greenland conditions." 2 The provision is as follows: "The date of the entry into force of the act or parts of the act shall be determined by the Minister of Business." 3 The provision is as follows: "The act shall not apply to the Faroe Islands and to Greenland, but may be put into force for the Faroe Islands and Greenland by royal decree with the amendments deriving from the special Faroese and Greenland conditions." 4 The provision is as follows: "Section 2 may be put into force for the Faroe Islands by royal decree with the amendments deriving from the special Faroese conditions." 5 The provision is as follows: "The act shall not apply to the Faroe Islands, but section 1(viii) may be put into force for the Faroe Islands by royal decree with the amendments deriving from the special Faroese conditions." 6 The provision is as follows: "The act shall not apply to Greenland and the Faroe Islands, but may be put into force for these parts of the realm by royal decree with the amendments deriving from the special Faroese and Greenland conditions." 7 The provision is as follows: "The act shall not apply to the Faroe Islands and to Greenland, but may be put into force for these parts of the realm by royal decree with the amendments deriving from the special Faroese or Greenland conditions." 8 The provision is as follows: "The act shall not apply to the Faroe Islands and to Greenland, but may be put into force for these parts of the realm by royal decree with the amendments deriving from the special Faroese or Greenland conditions." 9 The provision is as follows: "Section 1 and section 2 of the act may be put into force for Greenland by royal decree with the amendments deriving from the special Greenland conditions. Section 1(xxviii) of the act may be put into force for the Faroe Islands with the amendments deriving from the special Faroese conditions." 10 The provision is as follows: "Sections 3-5, 10-14, 18, 19, 21, 24, 26, 30-35, 37, 39, 40, 75, 76, 80, 90, 98, 100, 101, 103 and 104 of the act may be put into force in part or in full for the Faroe Islands and Greenland by royal decree with the amendments deriving from the special Faroese or Greenland conditions." 11 The provision is as follows: "Section 5 may be put into force in part or in full for the Faroe Islands by royal decree with the amendments deriving from the special Faroese conditions." 12 The provision is as follows: "Section 1 may be put into force in part or in full for the Faroe Islands by royal decree with the amendments deriving from the special Faroese conditions." 13 The provision is as follows: "Section 17 may be put into force in part or in full for the Faroe Islands by royal decree with the amendments deriving from the special Faroese conditions." 1 safety investigations of marine accidents and section 70(3)14 of act no. 1231 of 18 December 2012 amending various legal provisions on mandatory digital communication, etc. (mandatory digital communication and adjustments as a consequence of the transfer of powers, etc.), it is hereby decided that the acts shall apply to the Faroe Islands so that the merchant shipping act applies to the Faroe Islands in the following wording: I Vessel Part 1 (left out)15 Part 2 (left out)16 Part 3 Mortgages on ships, etc. Sections 47-50a. (left out)17 Maritime liens and other rights in ships Section 51.-(1) The following claims shall be secured by maritime liens on the ship: 1) Wages and other sums due to the master and other members of the ship's complement in respect of their employment on board. 2) Port, canal and other waterway dues and pilotage dues. 3) Compensation for personal injury occurring in direct connection with the operation of the ship. 4) Compensation for damage to property in direct connection with the operation of the ship if the claim cannot be based on contract. 5) Rewards for salvage, removal of wrecks and contribution in general average. Subsection 2. A maritime lien shall arise whether the claim is directed towards the shipowner*), the owner of the ship, the ship’s user, charterer or operator. Subsection 3. Claims mentioned in subsection 1(iii) and (iv) shall not be secured by maritime lien if the damage arises from radioactive properties or a combination of radioactive properties with toxic, ex- plosive or other hazardous properties of nuclear fuel or of radioactive products or waste. Section 52. Maritime liens on a ship shall take priority over other charges on the ship. 14 The provision is as follows: "Sections 18, 32, 35-39, 41, 42, 49, 54 and 61 may be put into force in part or in full for the Faroe Islands by royal decree with the amendments deriving from the special Faroese conditions." 15 The provisions on the term of a ship, the term of nationality, etc. are regulated by an act of the Faroe Islands Parliament (Lagtinget), since the area has been taken over. 16 The provisions on ship registration are regulated by an act of the Faroe Islands Parliament (Lagtinget), since this area has been taken over. 17 The provisions on mortgages in ships, etc. are regulated by an act of the Faroe Islands Parliament (Lagtinget), since this area has been taken over. *) Throughout the translation the term "shipowner" is used to denote the Danish term "reder" for which there is no directly equivalent English term. The "reder" is the entity that operates the ship for its own account, typically the owner or demise charterer of the ship. Time and voyage charterers are not considered "reder". 2 Subsection 2. Maritime liens shall be paid in the order in which they are listed in section 51(1), and those mentioned under the same number shall rank equally.
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