belgiquelex.be - Carrefour Bank of Legislation

17 AOUT 2013. - Act respecting the prospecting, exploration and exploitation of marine resources and their subsoil beyond the limits of national jurisdiction (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - Introductory provisions and definitions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. For the purposes of this Act:
1° "the Convention": the United Nations Convention on the Law of the Sea of 10 December 1982, including its annexes, to which the law of 18 June 1998 has been approved;
2° "The Agreement": the Agreement of 28 July 1994 on the Application of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, to which the Act of 18 June 1998 has been approved;
3° "States Parties": States that have consented to be bound by the Convention and in respect of which the Convention has entered into force;
4° "the Authority": the International Seabed Authority, established by Article 156, 1. of the Convention;
5° "the Area": the seabed and their basement beyond the limits of national jurisdiction;
6° "Resources in the Area": except for water, all solid, liquid or gaseous mineral resources in the Area above or below the seabed, including various polymetallic nodules;
7° "prospecting": the research, without exclusive rights, of resources in the Area, including the assessment of the composition, size and distribution of these resources and their economic value;
8° "Exploration": research, subject to exclusive resource rights in the Area, analysis of these deposits, design, manufacture and testing of processes and equipment for collection or extraction, processing facilities and transportation systems, and the establishment of studies of environmental, technical, economic, commercial and other factors to be considered in the operation;
9° "exploitation": the collection or extraction for commercial purposes of resources in the Area and the extraction of the minerals they contain, including the construction and operation of mining, processing and transport systems for the production and sale of minerals;
10° "Activities in the Area": all activities for exploration and exploitation of the mineral resources of the Area;
11° "contractor": a natural or legal person who has signed a contract with the Authority for the exploration or exploitation of resources in the Area and is sponsored by the Belgian State;
12° "the minister": the minister who has the Economy in his powers.
CHAPTER 2. - Legal regime of the Area and its resources
Art. 3. § 1^er. In accordance with the Convention, no natural or legal person may appropriate any part of the Area or its resources. No claim, exercise of sovereignty or sovereign rights or act of appropriation is recognized.
§ 2. The whole of humanity, on whose behalf the Authority acts, is invested with all rights over the resources of the Area. These resources are inalienable. The minerals extracted from the Area may be alienated only in accordance with Part XI of the Convention, the Agreement and the rules, regulations and procedures of the Authority.
§ 3. A natural or legal person claims, acquires or exercises rights on minerals extracted from the Area only in accordance with Part XI of the Convention. The rights otherwise claimed, acquired or exercised are not recognized.
CHAPTER 3. - Rules, regulations and procedures of the Authority
Art. 4. § 1^er. The King gives effect to the rules, regulations and procedures of the Authority.
§ 2. The King shall determine, by order deliberately in the Council of Ministers, the rules and procedures necessary for the implementation of these responsibilities, as provided for by the rules, regulations and procedures of the Authority.
§ 3. When carrying out activities in the Area, users of these marine areas and the public authorities must take into account the principle of prevention, the precautionary principle, the principle of sustainable management, the principle of polluter pays and the principle of reparation.
The principle of prevention implies that action must be taken to prevent environmental damage rather than to have to be repaired later.
The precautionary principle means that precautionary measures must be taken when there are reasonable grounds to worry about pollution of the marine areas, even if there is no conclusive evidence of a causal link between the introduction of substances, energy or materials in the marine areas and harmful effects.
The application of the principle of sustainable management in marine spaces implies that natural resources are kept to a sufficient extent at the disposal of future generations and that the effects of human interventions do not exceed the capacity of absorption of the marine environment. ÷ this end, the ecosystems and ecological processes necessary for the proper functioning of the marine environment will be protected, biodiversity will be preserved and nature conservation will be stimulated.
The polluter pays principle implies that the costs of pollution prevention, reduction and control and damage repair costs are borne by the polluter.
The principle of reparation implies that in the event of damage or environmental disturbance in the marine areas, the marine environment is restored to the extent possible in its original state.
Art. 5. The King may, by order deliberately in the Council of Ministers, determine rules relating to the protection of the marine environment, the protection of human life and the conditions that apply to facilities used for activities in the Area, which are more stringent than the rules, regulations and procedures of the Authority.
These rules are only applicable to contractors.
CHAPTER 4. - Prospection
Art. 6. § 1^er. The prospecting is carried out in accordance with the Convention and the rules, regulations and procedures of the Authority.
§ 2. If the prospector has Belgian nationality or is under the control of the Belgian State, the prospector shall inform in writing, before commencing the prospecting, the minister of the registration by the Autorité of its Notification of Prospection.
CHAPTER 5. - Exploration and exploitation
Art. 7. The activities carried out in the Area shall be carried out in accordance with a formal work plan established in accordance with Annex III of the Convention and approved by the Council of the Authority after consideration by the Legal and Technical Commission of the Authority. This work plan is in the form of a contract. This contract may include joint venture agreements.
Art. 8. § 1^er. Are qualified for a patronage of the Belgian State, the applicants for a contract with the Autorité who meet the conditions of Belgian nationality or are under the control of the Belgian State and follow the procedures and meet the qualification criteria set out in the rules, regulations and procedures of the Autorité.
§ 2. The request for a patronage by the Belgian State contains information regarding the applicant's financial and technical capacity.
This information shall be used to assess whether the applicant has the necessary means to carry out the activities envisaged in the work plan and to comply immediately with the precautionary measures of the Secretary-General of the Authority and the emergency orders of the Board of the Authority.
This information meets the qualification criteria set out in the AMF's rules, regulations and procedures and includes a thorough environmental impact assessment of the activities set out in the work plan, established in accordance with the recommendations of the AMF's Legal and Technical Commission.
By derogation from the provisions of the Acts of 18 July 1966 on the employment of languages in administrative matters, these documents are written in English or French.
The application for patronage is introduced and processed in accordance with the provisions of the Royal Decree established on the basis of Article 4, § 2.
§ 3. As provided for in the Convention, the applicant shall, inter alia, meet the requirements of §§ 1^er and two to be patronized. If the applicant has more than one nationality, as is the case for an association or consortium composed of entities or persons belonging to several States, the applicant is required to obtain the patronage of the other States of which he or she reports.
§ 4. Any applicant, without exception, undertakes to:
(a) accept as binding and comply with its obligations under the Convention, the rules, regulations and procedures of the Authority, the decisions of the bodies of the Authority and the terms of the contracts it has entered into with the Authority;
(b) accept that the Authority shall exercise control over activities in the Area authorized by the Convention;
(c) provide the Authority with the written assurance that it will in good faith fulfil its obligations under the contract;
(d) immediately comply with the interim measures of the Secretary-General of the Authority and the emergency orders of the Council of the Authority.
CHAPTER 6. - Accountability
Art. 9. § 1^er. The contractor shall be responsible for the effective damage, including damage to the marine environment and attributable to unlawful acts or breaches by the contractor, contractors or agents of the contractor or other persons who work or act on behalf of the contractor in the conduct of the operations under the contract in question, including the cost of reasonable measures taken to prevent or limit damage to the marine environment, taking into account, where appropriate, the costs of the marine environment
The contractor remains responsible for any claims arising from unlawful acts in the conduct of its operations, including any damage caused to the marine environment following the completion of the exploration or operation phase.
Compensation must match the damage actually suffered.
§ 2. The contractor subscribes to international renowned insurance companies the appropriate maritime insurance policies, in accordance with generally accepted international practices and in accordance with Article 16.5 of the contract with the Authority.
CHAPTER 7. - Reports
Art. 10. § 1^er. The prospector or contractor shall promptly transmit a copy of the following documents and communications to the Minister:
1° all annual reports required by the Authority;
2° the emergency plan required by the Authority;
3° all communications with the Secretary-General of the Authority concerning any incident arising out of his activities that caused, caused or could cause serious harm to the marine environment;
4° the data and information required by the Authority at the expiration or termination of the contract and;
5° the document which proves that the contractor fulfils the obligations provided for in Article 9, § 2.
§ 2. With the exception of data and information relating to the protection and preservation of the marine environment, in particular those emanating from environmental monitoring programmes, data and information submitted to the Minister under § 1^er are considered confidential.
The confidentiality of data and information may be waived by the contractor or the Authority.
§ 3. The Minister may request additional information in order to be able to exercise supervisory duties.
CHAPTER 8. Contributions
Art. 11. § 1^er. The applicant or contractor shall bear the costs of the administrative acts carried out in accordance with this Act and its enforcement orders.
§ 2. The contributions are as follows:
1° a single retribution of ten thousand euros (at the index 117,71, base 2004) for the processing of the application for a master certificate, indexed annually according to the Consumer Price Index;
2° an annual fee of forty thousand euros (at the index 117,71, base 2004) for the supervision of the activities planned in the work plan and their impact on the environment, to index annually according to the Consumer Price Index, to be paid from the year of commencement of exploration activities up to the year of expiry of this contract with the Authority.
§ 3. The single retribution referred to in paragraph 2, 1°, is allocated to the Fund for the Exploration and Exploitation of Mineral Resources and Other Non-living Resources of the Belgian Territorial Sea and Continental Shelf, referred to in section 32-5 of the table attached to the Organic Law of 27 December 1990 creating budgetary funds.
The annual royalties referred to in paragraph 2, 2°, shall be shared as follows between the services concerned:
1° 25 per cent for the Fund for the Exploration and Exploitation of Mineral Resources and Other Non-living Resources of the Territorial Sea and the Continental Shelf of Belgium, referred to in section 32-5 of the table attached to the Organic Law of 27 December 1990 creating budgetary funds;
2° Seventy-five per cent for the Environment Fund, referred to in section 25/4 of the table attached to the organic law of 27 December 1990 creating budgetary funds.
§ 4. Contributions due shall be paid within 60 days of the date of the invoice of the services concerned.
CHAPTER 9. - Criminal provisions
Art. 12. A fine of twenty-five euros to twenty-five thousand euros and a prison sentence of fifteen days to one year or only one of these penalties shall be punished:
1° in violation of Article 6, makes prospecting in the Area, without notification registered with the Authority;
2° in violation of Article 7, carries out activities in the Zone without contract with the Authority.
In the event of a recidivism within three years of a conviction, the imprisonment and fines provided for above shall be increased to a maximum of two.
Art. 13. A fine of fifty euros to one thousand euros and a sentence of imprisonment of fifteen days to one year or one of these penalties shall be punished only if the person knowingly fails to provide the information specified in Article 10, shall communicate it lately or shall transmit inaccurate information"
In the event of a recidivism within three years of a conviction, the imprisonment and fines provided for above shall be increased to a maximum of two.
Art. 14. The legal persons are civilly liable for the payment of damages, expenses and fines, arising out of the convictions made against their organs or agents for breaches of the provisions of this Act and its enforcement orders, the provisions of Part XI of the Convention and its Annex III, the rules, regulations and procedures of the Authority and the provisions of the contract that the Contractor has entered into with the Authority for activities in the Area.
Art. 15. Section 216bis of the Code of Criminal Instruction relating to the transaction is applicable, provided that the minimum amount of the sum of money cannot be less than one tenth of the minimum fine determined by this Act, increased by the additional decimals.
Art. 16. All provisions of Book I of the Criminal Code, including Chapter VII and Article 85, are applicable.
CHAPTER 10. - Amendments
Art. 17. In the table attached to the Organic Law of 27 December 1990 on the creation of budgetary funds, section 32-5 Fund for the Exploration and Exploitation of Mineral Resources and Other Non-living Resources of the Belgian Territorial Sea and Continental Shelf, the following amendments are made:
1° to the first column, Denomination of the organic budget fund, the words "Federation for the Exploration and Exploitation of Mineral Resources and Other Non-living Resources of the Territorial Sea and the Continental Shelf of Belgium" are replaced by the words "Federation for the Exploration, Exploration and Exploitation of Mineral Resources and Other Non-living Resources of the Territorial Sea, the Continental Shelf of Belgium and the Seabeds and their national limits
2° the second column, Nature of affected revenues, is supplemented as follows:
"(f) the single retribution for the processing of the application for a certificate of patronage and twenty-five per cent of the royalties for the supervision of the activities provided for in the work plan, as provided for in Article 11 of the Act of 17 August 2013 on the prospecting, exploration and exploitation of marine resources and their subsoil beyond the limits of national jurisdiction. »
3° the third column, Nature of authorized expenses, is completed as follows:
"6° funding of administrative tasks and monitoring under the Act of 17 August 2013 on the exploration, exploration and exploitation of marine resources and their subsoil beyond the limits of national jurisdiction. »
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 August 2013.
PHILIPPE
By the King:
Minister of Economy and the North Sea,
J. VANDE LANOTTE
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013.
House of Representatives.
Documents. - Bill, 53-2838 - No. 1. - Report, 53-2838 No. 2. - Text corrected by the commission, 53-2838 - No. 3. - Text adopted in plenary and transmitted to the Senate, 53-2838 - No. 4.
Full report. - 4 July 2013.
Senate.
Documents. - Project referred to by the Senate, 5-2192 - No. 1. - Report, 5-2192 - No. 2. - Decision not to amend, 5-2192 - No. 3.
Annales of the Senate. - 18 July 2013.
See also:
House of Representatives.
Documents. - Bill, 53-2839 - No. 1. - Report, 53-2839 No. 2. - Text corrected by the commission, 53-2839 - No. 3. - Text adopted in plenary and transmitted to the Senate, 53-2839 - No. 4.
Full report. - 4 July 2013.
Senate.
Documents. - Project transmitted by the House of Representatives, 5-2193 - No. 1. - Report, 5-2193 - No. 2. - Text adopted in plenary and subject to Royal Assent, 5-2193 - No. 3.
Annales of the Senate. - 18 July 2013.