Act On The Various Measures Relating To The Fight Against Maritime Piracy

Original Language Title: Loi portant diverses mesures relatives à la lutte contre la piraterie maritime

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013000077&caller=list&article_lang=F&row_id=1300&numero=1370&pub_date=2013-01-30&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-01-30 Numac: 2013000077 Interior FEDERAL PUBLIC SERVICE January 16, 2013. -Law concerning various measures relating to the fight against maritime piracy ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1 - provisions introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S.
2. for the purposes of this Act, is meant by: 1 ° BEST MANAGEMENT PRACTICES hereinafter called "BMP": the latest best management practices of planning and operations for ship captains and operators aimed at passive protection against piracy in certain maritime areas as they have been established by the international professional organisations representing the sector of maritime navigation and the directives of the International Maritime Organization;
2 ° company maritime safety: undertaking surveillance, protection and maritime safety covered by the law of 10 April 1990 regulating security private and particular;
3 ° owner or operator registered: the person who is registered as owner or if it is not itself exploits the ship, the person who is registered as an operator of the ship in the Belgian register of ships or bareboat charters Belgian register, covered by the Act of 21 December 1990 concerning the registration of ships;
4 ° piracy: such piracy as defined in the law of December 30, 2009 on the fight against maritime piracy.
CHAPTER 2.
-Provisions on the fight against piracy by maritime security companies art.
3. the owner or the registered operator of a vessel entitled to fly the Belgian flag, may in the maritime zones defined by a royal decree deliberated in the Council of Ministers, appealing to a company of maritime safety to ensure the safety of the ship against piracy subject to the following terms and conditions: 1 ° the contract written for a trip, a group of travel or a period determined and concluded with the maritime security firm referred to in article 6 shall be communicated
the Minister of the Interior and the Minister who has the shipping in charge according to the procedure determined by a royal decree. If the contract fails to comply with the provisions of this Act, of the law of 10 April 1990 regulating the private and particular safety or Belgian law, the King may by order deliberated in Council of Ministers decide to withdraw the authorization of the maritime security firm;
2 ° the relevant maritime security firm is authorized to exercise the mission to ensure the safety of the ship against piracy by a royal decree deliberated in the Council of Ministers in accordance with the conditions laid down in the law of 10 April 1990 regulating private and particular security;
3 ° the captain and the ship's operator apply the directives of the International Maritime Organization and the BMP in the voyage of the vessel concerned, taking into account the circumstances, characteristics of the ship and the feasibility of the measures.
S. 4. the owner or the registered operator notifies in advance each trip for which he calls a company to maritime safety to the Department designated by the King. The King determines the information which must be notified and the arrangements for this notification.
S. 5. the master of the ship, the owner or the registered operator shall notify without delay to the Government crisis center, all cases where combating piracy fire was opened from the vessel or in which persons suspected of piracy have attacked or boarded the ship. The King determines the information which must be notified and the arrangements for this notification.
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6 whenever it uses a licensed marine security company, the owner or the registered operator concluded a written contract with this company which, without prejudice to the legal requirements, contains at least the following: 1 ° authorization to the undertaking of maritime safety by royal decree deliberated in the Council of Ministers;
2 ° the prohibition of subcontracting;
3 ° the civil and maritime security firm contractual liability insurance;
4 ° a statement of rules and procedures that maritime security officers will comply in accordance with Belgian law;
5 ° a statement of the BMP rules that apply, without prejudice to the application of Belgian law, as well as guidelines of the International Maritime Organization;
(6) the distribution of the powers of the master and the staff of the undertaking of maritime safety on board the ship;
7 ° the obligation for maritime security firm to inform his staff officer aboard the Belgian and foreign regulations which relate to the activities;
8 ° the obligation for the undertaking of maritime safety to ensure that weapons that she boarded the ship for its security officers are made available to them in a legal manner, and presentation in the manner which it y will proceed;
9 ° the data of staff on board so as to enable the evaluation of compliance with the conditions of the law of 10 April 1990 regulating private and particular security.
Cannot be motivated to pass the abovementioned data, the owner or the registered operator can communicate these data within two days of the beginning of the journey to the competent service of the Service public federal Interior.
S. 7. the jurisdiction of the operational leader of maritime security on board the ship officers does not prejudice the competence of the captain in accordance with article 5, paragraphs 1 3, of the Act of 5 June 1928 revising the disciplinary and penal Code for shipping and maritime fishing. Captain jurisdiction in fight against piracy after receiving the opinion of the operational leader of the ship and officers in accordance with the methods and procedures established under section 13.24 of the law of 10 April 1990 regulating private and particular security.
S. 8. the agents of the undertaking of maritime safety on board the ship are not part of the crew.
S. 9. officers control of the navigation of the Directorate General the shipping of the FPS mobility and transport authorized for that purpose, may, for the purposes of this Act, grant derogations from the number maximum of persons admitted on board the ship, as determined in the certificate of the vessel's seaworthiness.
CHAPTER 3. -Provisions amending Section 1st. -Amendments to the law of 10 April 1990 regulating private and particular security articles 10. in article 2, § 2, paragraph 1, of the law of 10 April 1990 regulating private security and special, replaced by the law of 7 May 2004, the second sentence is supplemented by the words 'and article 13.18.
S. 11. in the same Act, it is inserted a chapter IIIter entitled "special provisions relating to maritime security companies.
S. 12. in chapter IIIter, inserted by article 11 article be inserted a 13.18, worded as follows: «Article 13.18. Only maritime security companies authorised by royal decree deliberated in the Council of Ministers, on the proposal of the Minister of the Interior, are empowered to exercise surveillance activities, protection and safety on board vessels, to combat piracy for the benefit of the owner or the registered operator.
The proposal of the Minister of the Interior is made after notice of the security of the State and the Prosecutor of the King of the place of establishment of the undertaking and, failing, the Minister of Justice.
The owner or the registered operator may appeal a maritime security company unauthorized.
Maritime security companies and their staff are exclusively subject to the provisions of this chapter and the provisions referred to in the following articles and their orders of execution:-in article 3;
-in article 4bis, § 1, paragraphs 2 and 3 and § 2;
-in article 5, paragraph 1, 1 ° to 4 °, 7 °, 8 ° and 12 °, and paragraphs 2 and 3;
-in article 6, paragraph 1, 1 ° to 4 °, 7 °, 8 ° and 11 ° and paragraphs 2, 3, 7 and 8;
-in article 7;
-in article 8, §§ 2, 3, 8 and 9;
-in article 9;
-in article 10;
-in article 11, §§ 1 and 2.
-in article 15, §§ 1 and 2.
-in article 16;
-in article 17A;

-in article 20.
S. 13. in the same chapter IIIter, inserted an article 13.19, worded as follows: 'Art.13.19. The application for authorisation referred to in article 13.18 is introduced by the company's maritime safety in a manner laid down by the King. » Art.
14. in the same chapter IIIter, inserted a section 13.20, worded as follows: «art.»
13.20 § 1. To be authorized to carry out the tasks referred to in article 13.18, maritime security company must meet the following conditions: 1 ° the maritime security firm may accept or execute any mission maritime security contract, except in the cases determined by the Minister of the Interior;
2 ° the maritime security firm shall be a body corporate incorporated under the provisions of a Member State of the European Union and have her seat operating in a State member of the European Union;
3 ° the maritime security firm must: has) is exercising legally for at least two years of surveillance activities, protection and securing of ships to combat

piracy of way armed, without that legislation or regulatory offences have been identified in the course of these activities;
(b) either be allowed to carry out activities of guarding of way army for more than three years in accordance with the provisions of this Act, unless legislation or regulatory offences have been identified in the course of these activities and, in addition, have concluded for the exercise of the activities of monitoring, protection and securing of ships to combat piracy a collaboration Protocol operational with a maritime security company responding to the requirements of the a);
4 ° the maritime security firm must demonstrate that the weapons its officers will be equipped with on-site, in the exercise of activities of monitoring and protection ships to combat piracy, are preserved and mounted on board in the ports concerned, in accordance with the legislation in force and to adhere to the prescribed order under article 13.22 paragraph 3;
5 ° the maritime security firm must demonstrate that members of staff who will be committed to the pursuit of this activity: has) have worked for at least two years legally the armed activities of monitoring and protection on ships and are still allowed to do so according to the law which is applicable;
b) meet the requirements of Section A-VI/1, § 1, (safety familiarization training) code of patent and Watchkeeping for seafarers, training (STCW Code).
(c) have been trained in the manner established by royal decree;
d) satisfy the conditions laid down by the King in testing psychotechnics, as referred to in article 6, paragraph 1, 5 °.

§ 2. The decision authorization or refusal of authorisation referred to in article 13.18 is taken by a royal decree deliberated in the Council of Ministers on the proposal of the Minister of the Interior within a period of maximum two months after it has been found that the request was properly documented.
The order specifies the duration of the authorisation which may not exceed two years. ».
S. 15. in the same chapter IIIter, inserted a section 13.21, worded as follows: «art.» 13.21 the King can determine the minimum number of persons in a team that monitors a ship. Each team is headed by a member of the operational staff meeting the conditions laid down by the King. ».
S.
16. in the same chapter IIIter, inserted an article 13.22, worded as follows: «art.»
13.22. officials of the maritime security firm wear work clothes and a protective suit according to the procedures laid down by the King.
Surveillance and preparedness on board ships are still armed way. ÷ this end, agents are equipped, in accordance with the modalities to be determined by the King, in firearms with a calibre maximal.50. By way of derogation from article 8, paragraph 1, of the Act of June 8, 2006, setting economic and individual activities with weapons, these can be weapons automatic firearms.
The King may lay down rules relating to loading, storage and delivery of the weapons. ».
S. 17. in the same chapter IIIter, inserted an article 13.23, worded as follows: «art.» 13.23. the operational head of the maritime security team runs to the exercise of the monitoring mission, directives and orders it has received from the captain of the ship.
He informed the captain immediately of any irregularities and any suspicious circumstance that the agents were found. Except in the case of extreme urgency, agents pose any act as long as the captain in gave no permission to the operational head of the maritime security team.
If this is an appeal under section 3 of the Act of 16 January 2013 with various measures relating to the fight against maritime piracy, to a company of maritime safety on board the ship and during the voyage, additional intervention of military for protection against piracy is provided with the agreement of the master by a building of Belgian war or by a vessel belonging to a Member State of the Union European or part of a NATO operation, which operates in the region concerned in the context of the prevention of piracy and the fight against it, the operational leader of the company's maritime safety on board the ship shall comply with the operational instructions of the military personnel concerned for coordination and the safety of the procedure. ».
S. 18. in the same chapter IIIter, inserted a section 13.24, worded as follows: «art.» 13.24. the activity of surveillance and protection ships to combat piracy is exercised in accordance with the provisions of this Act which are applicable to undertakings of maritime safety and in accordance with the methods and procedures determined by the King. ».
S. 19. in the same chapter IIIter, inserted a section 13.25, worded as follows: «art.» 13.25. agents may retain any person who, without the permission of the captain, is located the ship monitored, provided without delay inform the master of the vessel to the facts and remember this person in anticipation of the captain's decision in its regard. ».
S. 20. in the same chapter IIIter, inserted an article 13.26, as follows: «art.» 13.26. when making a retention agents conduct a security control that consists of a palpation of the clothing of the person in order to detect the presence of weapons or dangerous objects that could endanger the safety of persons on board or cause damage to the vessel.
Agents submit immediately to Captain goods found during security screening. ».
S. 21. in the same chapter IIIter, inserted an article 13.27, worded as follows: «art.» 13.27. at the time of retention, the use of handcuffs, the type and model are determined by the King, is authorized. The use of handcuffs must remain limited to cases of absolute necessity, when no other less drastic method does permit the retention. ».
S. 22. in the same chapter IIIter, inserted an article 13.28, as follows: «art.» 13.28. officers monitor every person that the captain decided to retain, within its competence in the fight against piracy. ».
S. 23. in the same chapter IIIter, inserted a 13.29 article worded as follows: «art.» 13.29. for each mission, the Operations Manager notes in a logbook data and the facts determined by the King. ».
S. 24. in the same chapter IIIter, inserted a 13.30 paper, read as follows: «art.» 13.30. the Operations Manager prepare a report for each mission. The King sets the contents of the report and the time at which it must be issued no later than.
».
S. 25. in the same chapter IIIter, inserted an article 13.31, worded as follows: «art.» 13.31 in case officers have used firearms or found individuals suspected of participating in acts of piracy, or if the ship was attacked by pirates, the responsible operational reported without delay the incident to the authorities designated by the King and in the manner that it determines. ».
S. 26. in the same chapter IIIter, inserted a 13.32 article worded as follows: «art.» 13.32. the maritime security firm keeps the documents referred to in this chapter and the recorded images to the address of the undertaking, as referred to in the royal decree of authorization for a period of five years from the date of termination of the monitoring mission. Documents are required during this retention period, the provision of public services and control of the judicial authorities. ».
S. 27. in the same chapter IIIter, inserted a 13.33 article as follows: "Art.13.33.
Without prejudice to the application of penal provisions, in the event of failure to comply with the obligations referred to in articles 13.18 to 13.32 or the provisions of the execution orders referred to in these articles: 1 ° a warning is sent to the offender in house to put an end to the fact charged;
2 ° an administrative fine ranging from EUR 12,500 to 25,000 is imposed by the Minister of the Interior;
the administrative fine can be doubled if the offence is detected in the three years following a decision to impose an administrative fine, or if the offence has persisted despite the warning referred to in 1 °;
3 ° the authorization referred to in this chapter may be withdrawn or suspended by royal decree deliberated in the Council of Ministers, in the cases and according to the procedure laid down in article 17, paragraph 1, 2 °, and taking into account the provisions referred to in article 17, paragraphs 2 and 3.
When an administrative fine is imposed pursuant to the paragraph 1, 2 °, the procedure and the possibility of appeal, referred to in article 19 shall apply. ».
Section 2. -Amendment of the law of 5 June 1928 revising the disciplinary and penal Code for shipping and maritime fishing article 28. article 5 of the law of 5 June 1928 revision of the disciplinary and penal Code for shipping and maritime fishing, amended by law of October 21, 1997-may 3, 1999, is supplemented by a paragraph worded as follows: "to protect the ship against such piracy as defined in the law of December 30, 2009 on the fight against

piracy at sea, the captain may appeal to the team of authorized maritime security firm to which the owner or the registered operator appealed in accordance with the law of January 16, 2013 bearing various measures relating to the fight against maritime piracy, which was shipped to this effect. ».
Section 3. -Amendments to the law of December 30, 2009 on the fight against piracy in sea art. 29. in the fight against maritime piracy act of December 30, 2009, it is inserted an article 5/1, as follows: «art.» 5/1.
Without prejudice to the powers of the commanders under article 5 § 1, and officers of judicial police: 1 ° the captains of ships entitled to fly the Belgian flag and who are directly involved in acts of piracy, record piracy offences committed on board the ship in minutes, which have probative force until evidence to the contrary; If the master does not have Belgian nationality, the minutes may be written in English;
2 ° the captains of ships entitled to fly the Belgian flag which are directly involved in acts of piracy can capture all the elements on the ship that can be used as evidence of piracy. ».
CHAPTER 4. -Provision transitional and coming into force s. 30. this Act comes into force the day of its publication in the Moniteur belge and ceases to be in force on December 31, 2014. After evaluation, the King may, by Decree deliberated in the Council of Ministers, set an end of force later that referred in the first sentence.
If the royal decree referred to in paragraph 1 is not confirmed by a law within a period of six months from the date of its entry into force, this Act and the above-mentioned royal decree are repealed.
S. 31. from the date of entry into force of this Act and the date of entry into force of the orders provided in chapter IIIter of the law of 10 April 1990 regulating private and particular security, a royal decree deliberated in the Council of Ministers can exceptionally allow, at the urging of an owner or a registered operator, use (((a trip or several trips or for a limited period, to a maritime security company which meets the conditions laid down in article 13.18, paragraph 4 and article 13.20, § 1, 1 ° to 3 °, a), 4 °, 5 °, a) and b) of the law of 10 April 1990 regulating private and particular security and article 3, 1 °, and article 6 2 ° to 9 °, of this Act.
The royal decree referred to in paragraph 1 may establish supplementary requirements falling within the scope of the decrees provided in chapter IIIter of the law of 10 April 1990 regulating private and particular security.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, January 16, 2013.
ALBERT Van Koningswege: Minister of Foreign Affairs, D. REYNDERS. the Minister of the North Sea, J. VANDE LANOTTE the Minister of the Interior, Ms. J. MILQUET. the Minister of defence, P. DE CREM Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes Documents of the House of representatives : 53 - 2509 - 2012/2013: No. 1: Bill.
No. 2: report.
No. 3: Text corrected by the commission.
No. 4: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 19 and December 20, 2012.
The Senate documents: 5-1906-2012/2013: No. 1: project referred by the Senate.
No. 2: report.
No. 3: Decision not to amend.
Annals of the Senate: December 21, 2012.
See also: records of the House of representatives: 53-2510-2012/2013: No. 1: Bill.
No. 2: report.
No. 3: Text corrected by the commission.
No. 4: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 19 and December 20, 2012.
The Senate documents: 5-1907-2012/2013: No. 1: draft transmitted by the House of representatives.
No. 2: report.
No. 3: Texts adopted in plenary meeting and submitted to Royal assent.
Annals of the Senate: December 21, 2012.