Posted the: 2013-09-16 Numac: 2013011384 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 17 August 2013. -Law on prospecting, exploration and exploitation of the resources of the seabed and subsoil thereof beyond the limits of national jurisdiction (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Introductory provisions and definitions Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
2. for the purposes of this Act, shall mean: 1 ° 'the Convention': the the United Nations Convention on the law of the sea of December 10, 1982, including the annexes, to which the law of June 18, 1998 brought consent;
2 ° 'agreement': the agreement of 28 July 1994 relating to the implementation of part XI of the United Nations Convention on the law of the sea of 10 December 1982, in which the Act of 18 June 1998 increased consent;
3 ° "States Parties": the States which have consented to be bound by the Convention and for which the Convention is in force;
4 ° 'authority': the International Seabed Authority, established by article 156, 1. of the Convention;
5 ° 'the area': the seabed and subsoil thereof beyond the limits of national jurisdiction;
6 ° "resources area": with the exception of water, all mineral resources solid, liquid or gaseous in the box above or below the seafloor, including various polymetallic nodules;
7 ° "prospecting": research, without any exclusive rights to resources in the area, including estimation of the composition, the size and the distribution of these resources and their economic value.
8 ° "exploration": research, subject of exclusive rights to resources in the Zone, analysis of these deposits, the design, the manufacture and testing of processes and equipment of collection or extraction, processing and transportation systems facilities, and the preparation of studies of the environmental, technical, economic, commercial factors and others to be taken into account in exploitation;
9 ° "operation": collecting or commercial resource extraction; in the area and the extraction of minerals they contain, including the construction and operation of mining, processing systems and transport for the production and sale of minerals
10 ° "activities in the area": all activities of exploration and exploitation of the mineral resources of the area;
11 ° "Contracting Party": natural or legal person having signed a contract with the authority for exploration or exploitation of the resources in the area and which is sponsored by the Belgian State.
12 ° "Minister": the Minister who has the economy in charge.
CHAPTER 2. -Legal regime of the area and its arts resources
3 § 1. In accordance with the Convention, no person or entity may appropriating a portion any of the area or its resources. No claim, no exercise of sovereignty or sovereign rights nor any act of ownership is recognized.
§ 2. All mankind, on behalf of which the authority acts, is vested with all the rights on the resources of the area. These resources are inalienable. Minerals extracted from the area cannot, however, be disposed of in accordance with part XI of the Convention, the agreement and the rules, regulations and procedures of the authority.
§ 3. A physical or legal person does not claim, does not acquire or does not exercise rights over the minerals extracted from the area in accordance with part XI of the Convention. Otherwise claimed, acquired or exercised rights are not recognized.
CHAPTER 3. -Rules, regulations and procedures of the authority art. 4 § 1.
The King gives effect to the rules, regulations and procedures of the authority.
§ 2. The King determines by order deliberated in Council of Ministers, the rules and procedures necessary for the implementation of these responsibilities, as provided by the rules, regulations and procedures of the authority.
§ 3. When they carry out activities in the area, users of these marine spaces and public authorities must take account of the principle of prevention, the principle of precaution, the principle of sustainable management, the principle of the polluter pays principle and the principle of reparation.
The principle of prevention implies that it must act to prevent environmental damage rather than having to repair this damage eventually.
The precautionary principle means that preventive measures must be taken when there are reasonable grounds to worry about pollution of marine spaces, even if there is no conclusive evidence of a causal link between the introduction of substances, energy or materials in marine areas and adverse effects.
The application of the principle of sustainable management in marine areas implies that natural resources are required to a sufficient extent available to future generations and that the effects of human interventions should not exceed the absorption capacity of the environment of marine spaces. ÷ this end, ecosystems, and ecological processes necessary for the proper functioning of the marine environment will be protected, biodiversity will be preserved and the nature conservancy will be stimulated.
The principle of the polluter pays principle implies that the prevention, reduction and pollution control and costs of repairing the damage, shall be borne by the polluter.
The principle of reparation implies that any damage or environmental disturbance in marine areas, the marine environment is restored as far as possible in its original state.
S. 5. the King may, by deliberate order in Council of Ministers, establish 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 stricter than the rules, regulations and procedures of the authority.
These rules are only apply to contractors.
CHAPTER 4. -Prospecting s. 6 § 1. 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 prospecting, the Minister of registration by the authority of its Notification of prospecting.
CHAPTER 5. -Exploration and exploitation art. 7. the activities in the area are under a formal work plan, prepared in accordance with annex III of the Convention and endorsed by the Council of the authority after consideration by the legal and technical Commission of the authority. This work plan takes the form of a contract. This contract may provide for joint venture agreements.
S. 8 § 1. Qualify for a sponsorship of the Belgian State, any contract with the authority applicants who meet the requirements of Belgian nationality or are controlled by the Belgian State and follow the procedures and meet the qualifying criteria set out in the rules, regulations and procedures of the authority.
§ 2. The application of a sponsorship by the Belgian State contains information regarding the financial and technical capacity of the applicant.
This information must make it possible to assess whether the applicant has the means necessary to perform the activities in the work plan and to immediately comply with provisional measures by the Secretary-General of the authority and orders in case of emergency by the Council of the authority.
Information meet the qualifying criteria set out in the rules, regulations and procedures of the authority, and included an environmental impact study concerning the activities in the work plan, established in accordance with the recommendations of the legal and technical Commission of the authority.
By way of derogation from the provisions of the acts of July 18, 1966, on the use of languages in administrative matters, these documents are written in french or English.
The sponsorship application is submitted and treated in accordance with the provisions of stops it royal based on article 4, § 2.
§ 3. As envisaged by the Convention, the applicant must notably fulfil the conditions of §§ 1 and 2 to be sponsored. If the applicant has more than one nationality, as is the case for an association or a consortium of entities or persons of several States, the applicant is required to obtain the patronage of other States whose jurisdiction it falls.
§ 4. Any applicant, without exception, is committed in its application to: has) accept as binding and to meet the obligations entrusted to it under the Convention, of rules, regulations and procedures of the authority, the decisions of the organs thereof and the provisions of contracts it has entered into with the authority;
(b) accept that the authority controlling on activities in the area authorized by the Convention;
c) provide the authority with written assurance that it will fill in good faith the obligations entrusted to him under the contract;
(d) comply immediately provisional measures by the Secretary-General of the authority and orders in case of emergency by the Council of the authority.
CHAPTER 6. -Liability article 9 § 1. The contractor is liable for actual damage, including damage to the marine environment, and due to unlawful acts or breaches of on his part or on the part of its
workers, subcontractors or agents and all other persons who work or act on their behalf in the conduct of operations under the contract in question, including the cost of reasonable measures to prevent or limit damage affecting the marine environment, taking into account, where appropriate, acts or breaches in the head of the authority.
The contractor remains responsible for any claim arising out of wrongful acts in the conduct of its operations, including damage to the marine environment at the end of the completion of the phase of exploration or exploitation.
The compensation must correspond to the damage actually suffered.
§ 2. The contractor agreed to internationally renowned insurance companies fonts appropriate marine insurance, in accordance with generally accepted international practices and in accordance with article 16.5 of the contract with the authority.
CHAPTER 7. -Widespread art. 10 § 1.
The prospector or contractor shall promptly transmit a copy of the following documents and communications to the Minister: 1 ° all the 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 resulting from its activities and which caused, cause or may cause serious harm to the marine environment;
4 ° the data and information required by the authority upon expiry or termination of the contract, and;
5 ° the document that proves that the contractor fulfilling the obligations laid down in article 9, § 2.
§ 2. With the exception of the data and information relating to the protection and preservation of the marine environment, in particular those emanating from environmental monitoring programs, data and information submitted to the Minister by virtue of § 1 are considered to be confidential.
The confidentiality of data and information may be lifted by the contractor or the authority.
§ 3. The Minister may request additional information in order to carry out the tasks of supervision.
CHAPTER 8. -Contributions s. 11 § 1. The applicant or the contractor bear the costs of administrative acts carried out, in accordance with this Act and its implementing orders.
§ 2. Contributions shall be determined as follows: 1 ° a fee of ten thousand euros (117,71, base 2004 index) for the processing of the application for a certificate of sponsorship, indexed annually according to the index of consumer prices;
2 ° an annual fee of forty thousand euros (117,71, base 2004 index) for the supervision of the activities in the work plan and their impact on the environment, to be indexed annually according to the consumer price index, to be paid from the start year of the exploration activities up to the year of expiry of the contract with the authority.
§ 3. Single compensation referred to in paragraph 2, 1 °, is assigned to the Fund for the exploration and exploitation of mineral and other resources not live the territorial sea and the continental shelf of the Belgium, referred to the section 32-5 in the table attached to the organic law of 27 December 1990 creating budgetary funds.
Annual fees referred to in paragraph 2, 2 °, are divided as follows between the services concerned: 1 ° 25 per cent for the Fund for the exploration and exploitation of mineral and other resources not live the territorial sea and the continental shelf of the Belgium, referred to the section 32-5 in the table attached to the organic law of 27 December 1990 creating budgetary funds;
2 ° septante-cinq percent for the Environment Fund, referred to in item 25/4 of the table attached to the organic law of 27 December 1990 creating budgetary funds.
§ 4. The contributions shall be paid within 60 days calendar from the date of the invoice of the services concerned.
CHAPTER 9. -Provisions criminal art. 12 shall be liable to a fine of twenty-five euro and twenty-five thousand euros and imprisonment from 15 days to one year or only one of these penalties, that which: 1 ° in violation of article 6, the prospecting in the area without notification registered with the authority;
2 ° in violation of article 7, carries out activities in the area without a contract with the authority.
In case of recidivism within a period of three years following a conviction, imprisonment and planned fines above are brought to double the maximum.
S. 13 is punishable by a fine of fifty thousand euros with a term of imprisonment of 15 days to one year or one of those penalties only, one who knowingly fails to provide the information specified in article 10, shall communicate them late or transmits inaccurate information"in cases of recidivism within a period of three years following a conviction, imprisonment and fines planned-before are brought to double the maximum.
S. 14. legal persons are civilly responsible for the payment of damages, fees and fines arising from convictions handed down against their organs or agents in respect of infringements to the provisions of this Act and its implementation orders, to the provisions of part XI of the Convention and its annex III to 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.
S. 15. article 216bis of the Code of criminal procedure relating to the transaction is applicable, being understood that the minimum amount of the money may not be less than one-tenth of the minimum fine determined by this Act, increased additional decimated.
16. all the provisions of book I of the penal Code, including Chapter VII and article 85, shall apply.
CHAPTER 10. -Provisions of amendment art. 17. in the table attached to the organic law of 27 December 1990 establishing budgetary funds, heading 32-5 funds for the exploration and exploitation of mineral resources and other non-living resources of the territorial sea and the continental shelf of the Belgium, the following changes are made: 1 ° to the first column, name of the organic budget Fund, the words "funds for the exploration and exploitation of mineral resources and other resources non-living of the territorial sea and. of the continental shelf of the Belgium ' shall be replaced by the words "funds for prospecting, exploration and exploitation of mineral resources and other resources non-living of the territorial sea, the continental shelf of the Belgium and the seabed and its subsoil beyond the limits of national jurisdiction;»
2 ° the second column, Nature of the assigned revenue is supplemented as follows: ' f) compensation only for the processing of the application for a certificate of sponsorship and twenty-five percent of royalties for the supervision of the activities provided for in the work plan, laid down in article 11 of the law of 17 August 2013 relating to prospecting, exploration and exploitation of resources of the seabed and subsoil thereof beyond the limits of jurisdiction national. ''
3 ° the third column, Nature of expenditures, is supplemented as follows: "6 ° funding of administrative tasks and monitoring referred to in the Act of August 17, 2013 to prospecting, exploration and exploitation of resources of the seabed and its subsoil beyond the limits of national jurisdiction."
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, August 17, 2013.
PHILIPPE by the King: the Minister of the economy and the North Sea, J. VANDE LANOTTE the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013.
House of representatives.
Documents. -Bill, 53-2838 - No. 1. -Report, 53-2838 # 2. -Text corrected by the commission 53-2838 - No. 3. -Text adopted in plenary meeting and forwarded to the Senate, 53-2838 - No. 4.
Compte rendu intégral. -4 July 2013.
-Project mentioned by the Senate, 5-2192 - No. 1. -Report 5-2192 - No. 2. -Decision not to amend, 5-2192 - No. 3.
Annals 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 meeting and forwarded to the Senate, 53-2839 - No. 4.
Compte rendu intégral. -4 July 2013.
-Draft transmitted by the House of representatives, 5-2193 - No. 1. -Report 5-2193 - No. 2. -Text adopted at the plenary and subject to Royal assent, 5-2193 - No. 3.
Annals of the Senate.
-18 July 2013.