Posted the: 2013-04-26 Numac: 2013014097 SERVICE PUBLIC FEDERAL mobility and transport 19 December 2012. -Law on the enforcement of international Conventions on civil liability for pollution by vessels, materials referred to in article 78 of the Constitution (1) (2) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Introduction Article 1 provisions. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2 § 1. For the purposes of this Act, means: 1 ° "CLC Convention": the international 1992 Convention on civil liability for damage due to pollution by hydrocarbons and changes are made which are in force in Belgium.
2 ° "CLC certificate": a certificate referred to in paragraph 2 of article VII of the CLC Convention.
3 ° "Convention hydrocarbons from cargo": the International Convention of 2001 on civil liability for bunker oil pollution damage and changes are made which are in force in Belgium.
4 ° "Certificate hydrocarbons from cargo": a certificate referred to in paragraph 2 of article 7 of the bunker oil Convention.
§ 2. For the purposes of this Act, means: 1 ° "Conventions of liability": the CLC Convention and Convention hydrocarbons from cargo Bay;
2 ° "Certificate of insurance": a) a CLC certificate, or b) a certificate hydrocarbons of cargo;
3 ° 'ship': any building of sea or craft marine, whatever it is.
4 ° 'gross tonnage': the gross tonnage calculated in accordance with the tonnage measurement regulations contained in annex 1 of the International Convention on tonnage measurement of ships of 1969;
5 ° "navigation control officer designated for that purpose": the control of navigation officer designated for this purpose by the Directorate General maritime Transport of the federal public Service mobility and transport.
CHAPTER II. -Requirements for ships and shipowners in the Conventions of responsibility art. 3. no person shall operate a vessel subject to the provisions of article VII of the Convention CLC and flying the Belgian flag, if the ship is not equipped to be a valid licence issued under paragraphs 2 or 12 of article VII of the CLC Convention at any time.
It is forbidden to operate at any time a vessel subject to the provisions of article 7 of the Convention hydrocarbons from cargo and flying the Belgian flag, if the ship is not equipped to be a valid certificate issued under paragraphs 2 or 14 of article 7 of the bunker oil Convention.
The requirements of paragraphs 1 and 2 are also applicable to inland navigation vessels not flying Belgian flag and having obtained a permission to navigate at sea on the basis of a Belgian legislation.
4. subject to the provisions of article VII of the CLC Convention, any ship, irrespective of its place of registration, which enters a port on Belgian territory or who leaves, which happens in a terminal located at the coast in the Belgian territorial sea or who leaves or who enters or leaves the Belgian territorial waters , is covered by insurance or other financial security corresponding to the requirements of paragraph 1 of article VII of the CLC Convention, if it carries actually over 2 000 tonnes of oil as defined in the CLC Convention in bulk as cargo.
As evidence, the vessel must have a valid certificate issued by the competent authority in accordance with article VII of the CLC Convention.
Subject to the provisions of article 7 of the bunkers Convention, any ship having a gross tonnage greater than 1000, regardless of its place of registration, which touches or leaves a port of Belgian territory or an offshore installation in the territorial sea Belgian or who enters or leaves the Belgian territorial waters, is covered by insurance or other financial security corresponding to the requirements of paragraph 1 of article 7 of the Convention hydrocarbons bunker.
As evidence, the vessel must have a valid certificate issued by the competent authority in accordance with article 7 of the bunker oil Convention.
The certificates referred to in this article are the ship and there are presented, with the exception of the bunker oil certificate if the ship flies the flag of a State which has made a declaration in accordance with paragraph 13 of article 7 of the bunker oil Convention and the existence of the hydrocarbons of bunker certificate issued by this State appears on the basis of an electronic registry kept by the State and available directly by the authority Belgian competent for monitoring.
CHAPTER III. -Provisions relating to the issuance of certificates article 5. subject to the provisions of article VII of the CLC Convention and article 7 of the bunker oil Convention, the King may lay down the conditions for the issuance of certificates under these conventions, as well as all rules relating to the issuance and validity of certificates.
S. 6. fees are due for the issuance of a certificate of insurance, a copy of a certificate of insurance, a copy of a certificate is related of the insurer or other person providing the financial guarantee or a negative clearance, whose amounts are fixed by the King.
CHAPTER IV. -The expiry of the certificates of insurance art. 7 § 1. A certificate of insurance as referred to in article 3 ceases to office to be valid: 1 ° when a change is occurring in the data indicated in the certificate with reference to the vessel, the registered owner or the insurer or other person providing financial security;
2 ° when for some reason, the insurance or financial guarantee ceases to be valid;
3 ° when the ship is more entitled to fly the Belgian flag or is no longer registered in the Belgian register of ships or the register Belgian bareboat charters or in the case of an inland vessel referred to in article 3, paragraph 3, when seagoing authorization ceases to be valid;
4 ° when the insurer or other person providing financial security is no longer allowed to pursue these activities.
§ 2. In the case of expiry of office pursuant to the § 1, the owner mentioned on the certificate expired must immediately return the certificate expired to the authority which issued the certificate.
Chapter V. - Supervision and criminal provisions art.
8. the monitoring of ships to ensure compliance with this Act and the Conventions of responsibility is exercised by the traffic control officers designated for this purpose, versus ships flying the Belgian flag by Belgian consular officials abroad.
The control of navigation officers appointed for that purpose have the right to stop any ship that does not have valid certificates prescribed by this Act or to deny access to a Belgian port or Belgian territorial waters. Except in urgent cases the control of navigation officers appointed for that purpose exercise right provided in this paragraph, with respect to foreign vessels after having informed the consul of the country in which the ship flies the flag. In urgent cases, this information is communicated immediately after measures have been taken. The ship is released as soon as the ship has valid certificates prescribed by this Act, to the satisfaction of the control of navigation officers appointed for that purpose.
Abroad, the Belgian consular officer has the right to prohibit the departure of a vessel of Belgian flag if the vessel is not equipped with valid certificates prescribed by this Act. The prohibition of departure is thrown once the ship has valid certificates prescribed by this Act, to the satisfaction of the Belgian consular official.
Refusal of a departure clearance or where a ship has been chosen or has been denied access to a Belgian port or Belgian territorial waters, the service responsible for the control of navigation or, where appropriate, the Belgian consular official up a report reasoned that a copy is sent within twenty-four hours after the decision, the master or the owner of the ship.
Within 15 days following the receipt of the copy of the minutes motivated pursuant to this section, appeal may be made against the decisions referred to in this article. The appeal is introduced by the master or owner of the ship, by a request to the Commissioner of the State with the Commission of inquiry maritime and containing arguments. The appeal is not suspensive.
S. 9. one who operates a vessel without that all valid certificates prescribed by the liability Conventions or this Act are on board or available in an electronic record in accordance with article 4, is punishable by a fine of 5,000 euros to 1,000,000 euros.
From ships flying Belgian flag, 1st paragraph shall apply regardless of the place where the offence is committed.
Compared to vessels flying a flag other than the Belgian Pavilion, 1st paragraph is application on ships that touch or leave a port of the Belgian territory or facility
offshore in the Belgian territorial sea or who enter or leave Belgian territorial waters.
All the provisions of book I of the Code penal, including Chapter VII and article 85, shall apply to offences under this Act.
Without prejudice to the powers of the judicial police officers, traffic control officers appointed for that purpose as well as the federal police water police are responsible for search and found infringements of the provisions of this Act.
If the federal police water police finds violations under this Act, the service responsible for the control of navigation is informed without delay thereof and shall take the appropriate measures.
CHAPTER VI. -Provisions amending art. 10. articles 4 to 14 of the Act of 20 July 1976 relating to the approval and implementation of the International Convention on civil liability for damage due to pollution by hydrocarbons, and annex, made in Brussels on 29 November 1969, amended by the law of 11 April 1989, 10 August 1998 and 3 May 1999, are hereby repealed.
S. 11. the royal decree of 10 March 1977 on the implementation of certain provisions of the law of 20 July 1976 relating to the approval and implementation of the International Convention on civil liability for damage due to pollution by hydrocarbons, and annex, made in Brussels on 29 November 1969, amended by the decrees of 4 April 1987 and July 20, 2000 is hereby repealed.
S. 12. the Ministerial Decree of 28 March 1977 on the implementation of the royal decree of 10 March 1977 is hereby repealed.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, December 19, 2012.
ALBERT by the King: the Minister of 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 _ Notes (1) Session 2011-2012.
House of representatives: parliamentary Documents.
-Bill, no. 53 - 2395/001.
(2) session 2012-2013.
House of representatives: parliamentary Documents. -Report, n ° 53-2395/002. -Text corrected by the commission, no. 53-2395/003. -Text adopted in plenary meeting and transmitted to the Senate, no. 53-2395/004.
Compte rendu intégral. -28 and November 29, 2012.
Senate: Parliamentary Documents. -Project referred to by the Senate, no. 5-1861/1. -Report, n ° 5-1861/2. -Decision not to amend, no. 5 - 1861/3.
-13 December 2012.