Act Amending The Act Of 6 April 1995 On The Prevention Of Pollution From Ships And The Law Of 20 January 1999 On The Protection Of The Marine Environment And The Organization Of The Marine Spaces Under Jurisdiction Of Belgium (1)

Original Language Title: Loi modifiant la loi du 6 avril 1995 relative à la prévention de la pollution par les navires et la loi du 20 janvier 1999 visant la protection du milieu marin et l'organisation de l'aménagement des espaces marins sous juridiction de la Belgique (1)

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belgiquelex.be - Carrefour Bank of Legislation

22 MAI 2014. - An Act to amend the Act of 6 April 1995 on the Prevention of Pollution by Ships and the Act of 20 January 1999 concerning the protection of the marine environment and the organization of the development of marine spaces under Belgian jurisdiction (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Act of 6 April 1995 on the Prevention of Pollution by Ships
Art. 2. Article 1er2°, of the Act of 6 April 1995 on the Prevention of Pollution by Ships, as amended by the Acts of 20 January 1999 and 19 December 2006, the following amendments are made:
1° A is completed by the words "and any incineration"
2° B, (a), is supplemented by the words "and within the meaning of Protocol 1996 to this Convention".
Art. 3. In section 17bis of the Act, inserted by the Act of 20 January 1999 and amended by the Acts of 3 May 1999, 19 December 2006 and 13 March 2011, the following amendments are made:
1° § 1erParagraph 1er, is supplemented by the phrase "The officers responsible for the control of navigation can be assisted by experts. ";
2° § 2 is supplemented by the phrase "They can be assisted by experts. ".
Art. 4. In section 29ter of the Act, inserted by the Act of 20 January 1999 and renumbered by the Act of 19 December 2006, the words "assuming that the minimum amount of the transaction cannot be less than one tenth of the minimum fine provided for in this Act, increased by the additional decimals" are repealed.
CHAPTER 3. - Amendments to the Act of 20 January 1999 concerning the protection of the marine environment and the organization of the development of marine spaces under Belgian jurisdiction
Art. 5. In Article 2 of the Act of 20 January 1999 concerning the protection of the marine environment and the organization of the development of marine spaces under Belgian jurisdiction, as amended by the laws of 3 May 1999, 17 September 2005, 21 April 2007 and 20 July 2012, the following amendments are made:
1° on 15°, paragraph 2, (i), is replaced by the following:
"(i) the release as referred to in the Act of 6 April 1995 on the prevention of pollution by ships or the action to dispose of waste or other material in accordance with the applicable rules of international law relating to or from the normal operation of offshore aircraft or facilities;"
2° in 16°, paragraph 2 is replaced by the following:
"The term "incineration" does not apply to incineration as referred to in the Act of 6 April 1995 on the prevention of pollution by ships or the thermal destruction of waste or other materials, in accordance with applicable international law, produced directly or indirectly during normal operation of aircraft or offshore installations;"
3° on the 19° is repealed.
Art. 6. Section 43 of the Act, as amended by the Acts of 3 May 1999 and 17 September 2005, is supplemented by a paragraph as follows:
"Without prejudice to the regulations applicable to agents referred to in paragraph 1er, these officers may, for the purposes of this Act and its enforcement orders, be subject to the quality of judicial police officer by the King.".
Art. 7. In Article 50 of the Act, amended by the Act of 21 April 2007, a § 1 is inserteder/1 to read:
§ 1er/1. Offences to the provisions laid down by the King, which are binding on law enforcement officials, with regard to the development of marine spaces as referred to in Article 5bis are punishable by a fine of one hundred euros to one hundred thousand euros and a prison sentence of two months to one year or one of these penalties only."
Art. 8. Section 56 of the Act is supplemented by § 3 as follows:
§ 3. Without prejudice to the application of Book Ier the Criminal Code, including Chapter VII and sections 41bis and 85, the physical person identified may, by derogation from section 5, paragraph 2, of the same Code, be sentenced for the offences of this Act and its enforcement orders, together with the legal person responsible. "
Art. 9. In section 58 of the Act, the first dash is repealed.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 May 2014.
PHILIPPE
By the King:
Minister of Defence,
P. DE CREM
The Minister of Foreign Affairs,
D. REYNDERS
Minister of the North Sea,
J. VANDE LANOTTE
The Minister of the Interior,
Ms. J. MILQUET
The Minister of Public Health,
Ms. L. ONKELINX
The Secretary of State for Scientific Policy,
P. COURARD
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Chamber of Representatives
(www.lachambre.be)
Documents: 53-3474.
Full report: 3 April 2014.
Senate
(www.senate.be)
Documents: 5-2836.