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16 JANVIER 2013. - Act on various measures to combat maritime piracy

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er - Introductory provisions
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° BEST MANAGEMENT PRACTICES hereinafter referred to as "BMP": the most recent best management practices of planning and operations for operators and shipmasters who aim at passive protection against piracy in certain marine areas as established by international professional organizations representing the marine navigation sector and the directives of the International Maritime Organization;
2° marine security company: the marine surveillance, protection and security company under the Act of 10 April 1990 regulating private and special security;
3° registered owner or operator: the person who is registered as the owner or if the owner does not operate the vessel himself, the person who is registered as the operator of the vessel in the Belgian Ship Register or in the Belgian Register of Nueco Inland Ships, as referred to in the Act of 21 December 1990 on the Registration of Ships;
4° piracy: piracy as defined in the Act of 30 December 2009 on the fight against maritime piracy.
CHAPTER 2. - Struggling provisions
against piracy by maritime security companies
Art. 3. The registered owner or operator of a Belgian flag vessel may, in the marine areas defined by a Royal Decree deliberated in the Council of Ministers, use a marine security company to ensure the safety of the ship against piracy, subject to the following terms and conditions:
1° the written contract for a trip, travel group or a specified period and entered into with the marine security company referred to in section 6 shall be communicated to the Minister of the Interior and to the Minister who has the Maritime Transport in his or her powers according to the procedure determined by a Royal Decree. If the contract does not comply with the provisions of this Act, the Act of 10 April 1990 regulating private and special security or Belgian law, the King may by a deliberate order in the Council of Ministers decide to withdraw the authorization of the maritime security company;
2° the marine security company concerned is authorized to carry out the mission to guarantee the security of the ship against piracy by a royal decree deliberated in the Council of Ministers in accordance with the conditions laid down in the Act of 10 April 1990 regulating private and special security;
3° the master and operator of the vessel shall apply the directives of the International Maritime Organization and the BMPs to the voyage of the vessel concerned, taking into account the circumstances, characteristics of the vessel and the practicability of the measures.
Art. 4. The registered owner or operator shall notify, in advance, each trip for which he or she is using a marine security undertaking at the service designated by the King. The King shall determine the information to be notified and the modalities for making such notification.
Art. 5. The master of the vessel, the owner or registered operator, shall promptly notify the Government Crisis Centre of any cases in which, in order to combat piracy, the fire was opened from the vessel or in which persons suspected of piracy attacked or ascended aboard the vessel. The King shall determine the information to be notified and the modalities for making such notification.
Art. 6. Every time a registered owner or operator uses a licensed marine security undertaking, the registered owner or operator enters into a written contract with that undertaking that, without prejudice to the legal requirements, contains at least the following:
1° the authorization of the maritime security company by royal decree deliberated in the Council of Ministers;
2° the prohibition of subcontracting;
3° the insurance in civil and contractual liability of the marine security company;
4° a presentation of the rules and procedures that maritime security officers will respect in accordance with Belgian law;
5° a presentation of the BMP rules that apply, without prejudice to the application of Belgian law, as well as the directives of the International Maritime Organization;
6° the distribution of the powers of the master and personnel of the marine security company on board the vessel;
7° the requirement for the marine security company to inform its management personnel on board the ship of the Belgian and foreign regulations related to the activities;
8° the obligation of the maritime security company to ensure that the weapons it brings on board the ship for its security officers are made available to them in a legal manner, and the manner in which it will proceed;
9° the data of the personnel engaged on board to allow the assessment of compliance with the conditions of the Act of 10 April 1990 regulating private and special security. In the event of a reasoned failure to transmit the above data, the registered owner or operator may communicate this data within two days of the start of the trip to the appropriate service of the Federal Interior Public Service.
Art. 7. The competence of the operational officer of the marine security officers on board the vessel shall not prejudice the competence of the master in accordance with Article 5, paragraphs 1^er 3, of the Act of 5 June 1928 revising the Disciplinary and Penal Code for Merchant Marine and Maritime Fisheries. The master exercises this jurisdiction in the context of the fight against piracy after receiving the advice of the operational officer on board the vessel and in accordance with the methods and procedures established under section 13.24 of the Act of 10 April 1990 regulating private and particular security.
Art. 8. Marine security company agents on board the ship are not part of the crew.
Art. 9. For the purposes of this Act, officers responsible for the control of navigation of the Marine Transport Branch of the SPF Mobility and Transport may grant derogations to the maximum number of persons admitted on board the vessel, as determined in the vessel's certificate of airworthiness.
CHAPTER 3. - Amendments
Section 1^re. - Amendments to the Act of 10 April 1990
regulating private and special security
Art. 10. In Article 2, § 2, paragraph 1^er, from the Act of 10 April 1990 regulating private and special security, replaced by the Act of 7 May 2004, the second sentence is supplemented by the words "and section 13.18".
Art. 11. In the same Act, a chapter IIIter is inserted entitled "Special Provisions on Maritime Security Companies".
Art. 12. In chapter IIIter, inserted by article 11, an article 13.18 is inserted, as follows:
“Article 13.18. Only maritime security companies authorized by Royal Decree deliberated in the Council of Ministers, on the proposal of the Minister of the Interior, are authorized to carry out surveillance, protection and security activities on board ships, to combat piracy for the benefit of the registered owner or operator.
The proposal of the Minister of the Interior is made after notice of the State Security and the King's Prosecutor at the place of establishment of the company and, if not, the Minister of Justice.
The registered owner or operator may not appeal to an unauthorized maritime security undertaking.
Marine security companies and their personnel shall be subject exclusively to the provisions of this chapter and to the provisions of the following articles and to their enforcement orders:
- Article 3;
- Article 4bis, § 1^erparagraphs 2 and 3 and 2;
- Article 5, paragraph 1^er1° to 4°, 7°, 8° and 12° and paragraphs 2 and 3;
- Article 6, paragraph 1^er1° to 4°, 7°, 8° and 11° and paragraphs 2, 3, 7 and 8;
- Article 7;
- Article 8, §§ 2, 3, 8 and 9;
- Article 9;
- Article 10;
- Article 11, §§ 1^er and 2;
- Article 15, §§ 1^er and 2;
- Article 16;
- Article 17bis;
- Article 20.
Art. 13. In the same chapter IIIter, an article 13.19 is inserted, as follows:
"Art.13.19. The application for authorization referred to in 13.18 shall be filed by the maritime security company in accordance with the terms and conditions established by the King. »
Art. 14. In the same chapter IIIter, an article 13.20 is inserted, as follows:
"Art. 13.20. § 1^er. To be authorized to carry out the duties referred to in section 13.18, the marine security undertaking must meet the following conditions:
1° the marine security company may not accept or perform any maritime security mission in subcontracting, except in cases determined by the Minister of the Interior;
2° the marine security company shall be a legal entity constituted according to the provisions of a Member State of the European Union and shall have its seat of operation in a Member State of the European Union;
3° the marine security company shall:
(a) having legally exercised, for at least two years, the monitoring, protection and securing of vessels to combat piracy in an armed manner, without serious violations of legislation or regulations being found in the exercise of these activities;
(b) be authorized to carry out custodial activities in an armed manner for more than three years in accordance with the provisions of this Act, without any breaches of legislation or regulations having been found in the exercise of these activities and, in addition, having entered into a protocol for operational collaboration with a marine security company that meets the conditions set out in (a));
4° the marine security company must demonstrate that the weapons of which its agents will be equipped on site, in the exercise of the surveillance and protection activities on board ships to combat piracy, are kept and mounted on board in the ports concerned, in accordance with the legislation in force and that it complies with the requirements of the order referred to in 13.22, paragraph 3;
5° the marine safety company must demonstrate that personnel who will be engaged in the exercise of this activity:
(a) have carried out armed surveillance and protection activities on board ships for at least two years legally and are always permitted to do so in accordance with the law applicable to them;
(b) meet the requirements of Section A-VI/1, § 1^er(Security familiarization form) of the Code of Training for Seafarers, Certification and Watchkeeping (TCW Code);
(c) trained in the manner established by Royal Decree;
(d) meet the conditions established by the King in respect of psychotechnical testing, as referred to in article 6, paragraph 1^erFive.
§ 2. The decision to authorize or refuse authorization referred to in section 13.18 shall be taken by a Royal Decree deliberated in the Council of Ministers on the proposal of the Minister of the Interior within a maximum period of two months after it has been found that the application file was complete.
The order specifies the duration of the authorization that cannot exceed two years. "
Art. 15. In the same chapter IIIter, an article 13.21 is inserted, as follows:
"Art. 13.21. The King may determine the minimum number of people in a team that monitors a ship. Each team is headed by an operational officer who meets the requirements of the King. "
Art. 16. In the same chapter IIIter, an article 13.22 is inserted, as follows:
"Art. 13.22. The agents of the maritime security company carry a work outfit and a protective outfit according to the terms fixed by the King.
Monitoring and protection on board ships are always armed. ÷ this end, the agents are equipped, in accordance with the terms to be determined by the King, with firearms of a maximum calibre.50. By derogation from article 8, paragraph 1^er, of the law of 8 June 2006 regulating economic and individual activities with weapons, these may be automatic firearms.
The King may set the terms for the loading, storage and surrender of weapons. "
Art. 17. In the same chapter IIIter, an article 13.23 is inserted, as follows:
"Art. 13.23. The operational officer of the marine safety team shall, for the exercise of the surveillance mission, carry out the directives and orders received from the vessel's master.
He shall inform the captain without delay of any irregularity and suspicious circumstances that the officers have observed. Except in the event of an extreme emergency, the officers do not make an act until the master has given the authorization to the operational manager of the marine security team.
If, pursuant to Article 3 of the Act of 16 January 2013 on various measures relating to the fight against maritime piracy, a marine security company on board the ship and during the course of the voyage, an additional intervention of military as a means of protection against piracy is provided with the agreement of the master by a Belgian war building or by a ship belonging to a member state of the European Union or being part of an operation "
Art. 18. In the same chapter IIIter, an article 13.24 is inserted, as follows:
"Art. 13.24. Monitoring and protection on board vessels to combat piracy is carried out in accordance with the provisions of this Act that are applicable to maritime security companies and in accordance with the methods and procedures determined by the King. "
Art. 19. In the same chapter IIIter, an article 13.25 is inserted, as follows:
"Art. 13.25. Officers may detain any person who, without the master's permission, is on board the supervised vessel, provided that the master of the vessel is promptly informed of the facts and that person is detained pending the master's decision. "
Art. 20. In the same chapter IIIter, an article 13.26 is inserted, as follows:
"Art. 13.26. During detention, the officers carry out a safety check that consists of a palpation of the person's clothing to detect the presence of weapons or dangerous objects that could endanger the safety of persons on board or cause damage to the vessel.
The officers immediately hand over to the captain the assets found during the security check. "
Art. 21. In the same chapter IIIter, an article 13.27 is inserted, which reads as follows:
"Art. 13.27. At the time of detention, the use of handcuffs, whose type and model are determined by the King, is permitted. The use of handcuffs must remain limited to cases of absolute necessity, where no other less radical method allows for retention. "
Art. 22. In the same chapter IIIter, an article 13.28 is inserted, which reads as follows:
"Art. 13.28. Officers monitor any person that the master has decided to retain, within the framework of his/her skills in the fight against piracy. "
Art. 23. In the same chapter IIIter, an article 13.29 is inserted, as follows:
"Art. 13.29. For each mission, the operational officer notes in a log the data and facts determined by the King. "
Art. 24. In the same chapter IIIter, an article 13.30 is inserted, as follows:
"Art. 13.30. The operational manager prepares a report for each mission. The King sets out the contents of the report and the time at which it must be prepared by the latest. "
Art. 25. In the same chapter IIIter, an article 13.31 is inserted, which reads as follows:
"Art. 13.31. In the event that the officers used firearms or found persons suspected of participating in piracy events, or if the vessel was attacked by pirates, the operational officer shall promptly report the incident to the authorities designated by the King and in accordance with the manner in which it determines. "
Art. 26. In the same chapter IIIter, an article 13.32 is inserted, which reads as follows:
"Art. 13.32. The marine security company shall retain all the documents referred to in this chapter and the images recorded at the address of the company, as mentioned in the Royal Authorization Order, for a period of five years from the date of termination of the surveillance mission. The documents are kept, during this period of time, at the disposal of the public inspection services and the judicial authorities. "
Art. 27. In the same chapter IIIter, an article 13.33 is inserted, which reads as follows:
"Art.13.33. Without prejudice to the application of the criminal provisions, in the event of non-compliance with the obligations referred to in Articles 13.18 to 13.32 or the provisions of the enforcement orders referred to in these Articles:
1° a warning is sent to the offender who remains to terminate the charge;
2° an administrative fine ranging from 12.500 to 25,000 euros is imposed by the Minister of the Interior; the administrative fine may be doubled if the offence is found within three years of a decision to impose an administrative fine or if the offence persists 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 in the manner provided for in Article 17, paragraph 1^er2°, and taking into account the provisions referred to in Article 17, paragraphs 2 and 3.
Where an administrative fine is imposed in accordance with paragraph 1^er, 2°, the procedure and the possibility of appeal, referred to in Article 19, shall be applied. "
Section 2. - Amendment of the Act of 5 June 1928 revising the Disciplinary and Penal Code for Merchant Marine and Maritime Fisheries
Art. 28. Section 5 of the Act of 5 June 1928 revising the Disciplinary and Penal Code for Merchant Marine and Maritime Fisheries, as amended by the Acts of 21 October 1997 and 3 May 1999, is supplemented by a paragraph written as follows:
"In order to protect the vessel from piracy as defined in the Act of 30 December 2009 on the fight against piracy at sea, the master may appeal to the team of agents of the licensed marine security company to which the owner or registered operator appeals in accordance with the Act of 16 January 2013 on various measures related to the fight against maritime piracy, which has been on board to that effect. "
Section 3. - Amendment of the Act of 30 December 2009
on combating piracy at sea
Art. 29. In the Act of 30 December 2009 on combating maritime piracy, an article 5/1 is inserted, as follows:
"Art. 5/1. Without prejudice to the powers of the commanders referred to in Article 5, § 1^erand judicial police officers:
1° the captains of ships authorized to beat the Belgian flag and who are directly involved in acts of piracy, record the offences of piracy committed on board the ship in minutes, which have probative force until proof of the contrary; if the master does not have Belgian nationality, the report may be in English;
2° the masters of ships authorized to beat the Belgian flag who are directly involved in acts of piracy may seize all the elements on board the ship that can be used as evidence of piracy. "
CHAPTER 4. - Transitional provision and entry into force
Art. 30. This Act comes into force on the day of its publication in the Belgian Monitor and ceases to be in force on 31 December 2014. After assessment, the King may, by order deliberately in the Council of Ministers, establish an end of vigour subsequent to that referred to in the first sentence.
If the royal order referred to in paragraph 1^er is not confirmed by law within six months of its entry into force, this Act and the above-mentioned Royal Order are repealed.
Art. 31. From the date of entry into force of this Act and until the date of entry into force of the decrees provided for in chapter IIIter of the Act of 10 April 1990 regulating private and special security, a royal decree deliberated in the Council of Ministers may exceptionally authorize, at the express request of a registered owner or operator, to use, for a voyage or several trips or for a limited period, a marine security undertaking § 13^er, 1° to 3°, (a), 4°, 5°, (a) and (b) of the Act of 10 April 1990 regulating private and special security and article 3, 1°, and article 6, 2° to 9°, of this Act.
Royal order referred to in paragraph 1^er may provide for additional conditions within the scope of the royal decrees provided for in Chapter IIIter of the Act of 10 April 1990 regulating private and special security.
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 16 January 2013.
ALBERT
Van Koningswege:
Minister of Foreign Affairs,
D. REYNDERS
Minister of the North Sea,
J. VANDE LANOTTE
The Minister of the Interior,
Ms. J. MILQUET
Minister of Defence,
P. DE CREM
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
House of Representatives documents: 53-2509 -2012/2013:
N^o 1: Bill.
N^o 2: Report.
N^o 3: Text corrected by the commission.
N^o 4: Text adopted in plenary and transmitted to the Senate.
Full report: 19 and 20 December 2012.
Senate documents: 5-1906 -2012/2013:
N^o 1: Project referred to by the Senate.
N^o 2: Report.
N^o 3: Decision not to amend.
Annales of the Senate: December 21, 2012.
See also:
House of Representatives documents: 53-2510 -2012/2013:
N^o 1: Bill.
N^o 2: Report.
N^o 3: Text corrected by the commission.
N^o 4: Text adopted in plenary and transmitted to the Senate.
Full report: 19 and 20 December 2012.
Senate documents: 5-1907 -2012/2013:
N^o 1: Project transmitted by the House of Representatives.
N^o 2: Report.
N^o 3: Text adopted in plenary and subject to Royal Assent.
Annales of the Senate: December 21, 2012.