Law Regulating Materials Referred To Article 78 Of The Constitution On Liability Of Carriers Of Passengers By Sea In Case Of Accident (1)

Original Language Title: Loi réglant des matières visées à l'article 78 de la Constitution en matière de responsabilité des transporteurs de passagers par mer en cas d'accident (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2012014268&caller=list&article_lang=F&row_id=1400&numero=1482&pub_date=2012-09-17&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2012-09-17 Numac: 2012014268 FEDERAL PUBLIC SERVICE mobility and transport January 30, 2012. -Law materials referred to article 78 of the Constitution on liability of carriers of passengers by sea in the event of accident (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. for the purposes of this Act, shall mean: 1 ° "2002 Athens Convention": the Athens Convention 2002 relating to the carriage of passengers and their luggage, in the meaning of article 15, paragraph 3 of the Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by Sea 1974; by sea
2 ° «Regulation (EC) no 392/2009»: Regulation (EC) no 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accident;
3 ° 'ship': only a seagoing vessel excluding any vehicle on cushion of air.
S.
3. it is authorized at any time to operate a vessel subject to the provisions of article 4bis of the Athens Convention 2002 and flying the Belgian flag if this ship does not have a valid certificate issued under paragraphs 2 or 15 of article 4bis of the Athens Convention 2002.
The King may make the provisions of the Athens Convention 2002 and this Act applicable, possibly in an adapted form, to all categories of passenger transport by sea which are not part of the scope of the Athens Convention 2002 and it can adopt all relevant measures y related.
The King may take the measures referred to in article 2, second subparagraph and article 11 of Regulation (EC) no 392/2009 and all relevant measures y related.
S.
4. subject to the provisions of article 4bis of the Athens Convention 2002, insurance or other financial guarantee corresponding to the requirements of paragraph 1 of article 4bis of the Athens Convention 2002, covers any vessel permitted to carry more than 12 passengers, regardless of its place of registration, when it touches or leaves a port of the Belgian territory, insofar as the 2002 Athens Convention is applicable.
As evidence, the vessel has a valid certificate issued by the competent authority in accordance with article 4bis of the Athens Convention 2002.
S. 5. the certificates prescribed by the Athens Convention 2002 or by Regulation (EC) no 392/2009 are on board the vessel and there are presented to the competent authority for supervision, unless the ship flies the flag of a State which has made a notification in accordance with paragraph 14 of article 4bis of the Athens Convention 2002 and the existence of the certificate issued by that State is demonstrated by an electronic register maintained by this State and searchable directly by the competent Belgian authority for monitoring.
S. 6. subject to the provisions of article 4bis of the Athens Convention 2002, the King may lay down the conditions for the issuance of the certificates prescribed by the 2002 Athens Convention or regulation (EC) no 392/2009, as well as all rules relating to the issuance and validity of certificates.
Compensation is payable for the issuance of the certificates referred to in the preceding paragraph, copies of these certificates, copies of the certificates y related insurers or other persons which emanates the financial guarantee, and negative clearances, including the amounts are fixed by the King.
S. 7 § 1.
The certificates referred to in article 6 shall cease to office to be valid, 1 ° when a change is occurring in the data referred to in the certificate with reference to the vessel, the registered owner or the insurer or any other person issuing the warranty;
2 ° when for some reason, the insurance or other financial security ceases to be valid;
3 ° when the ship changes flag;
4 ° when the insurer or any other person issuing the guarantee is no longer authorized to engage in those activities.
§ 2. In the case of expiration of office pursuant to the § 1, mentioned on the certificate owner shall without delay return the certificate expired to the authority which issued the certificate.
S. 8. the monitoring of ships in order to ensure compliance with the 2002 Athens Convention, Regulation (EC) no 392/2009, this Act and its implementing orders is exercised by officers designated for this purpose, versus ships navigation control flag Belgian also 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 required by the 2002 Athens Convention, Regulation (EC) no 392/2009, this Act or its implementing orders 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 required by the 2002 Athens Convention, Regulation (EC) no 392/2009, this Act or its orders of execution, to the satisfaction of control of navigation officers appointed for that purpose.
Abroad the Belgian consular officer has the right to prohibit the departure of a ship flying the Belgian flag if the vessel is not equipped with valid certificates required by the 2002 Athens Convention, Regulation (EC) no 392/2009, this Act or its implementing orders. The prohibition of departure is thrown when the ship has valid certificates prescribed, 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, an appeal may be lodged against the decisions referred to in this article. The appeal is introduced by the master or owner of the ship, through 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 required by the 2002 Athens Convention, Regulation (EC) no 392/2009, this Act or its implementing orders are on board or available in an electronic register in accordance with article 5 is punishable by a fine of 5,000 euros to 1,000,000 euros.
One who operates a vessel without insurance or other financial security required by the 2002 Athens Convention, Regulation (EC) no 392/2009, this Act or its implementing orders is punishable by the same fine.
Compared with vessels flying the Belgian flag, paragraphs 1 and 2 shall apply regardless of the place where the offence was committed.
From ships flying another flag than the Belgian Pavilion, paragraphs 1 and 2 shall apply on ships that touch or leave a port of the Belgian territory.
All the provisions of the book I of the penal Code, 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 violations of the provisions of this Act and its orders for execution.
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.
S. 10. article 5 of the royal decree of 27 November 1989 on the enforcement and the entry into force of the Act of 11 April 1989 on the approval and implementation of various international acts in maritime navigation, amended by the royal decree of 20 July 2000, is repealed.
S. 11. this Act comes into force on the earlier of the following dates:-the date of the entry into force of the accession of the Belgium to the Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by Sea 1974;
-the date of application of Regulation (EC) no 392/2009 of 23 April 2009 on the liability of carriers of passengers by sea in the event of accident.
As long as the Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by Sea 1974 will not be entered into force, it is necessary for the purposes of this Act and its orders of execution, include the words "State party" in article 4bis of the Athens Convention 2002 relating to the carriage of passengers and their luggage by sea , as a Member State of the European Union.
Promulgate

This Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, January 30, 2012.
ALBERT by the King: the Minister of the North Sea, J. VANDE LANOTTE the Minister of finance, S. VANACKERE. the Minister of Foreign Affairs, D. REYNDERS the Minister of the Interior, Ms. J. MILQUET. the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
House of representatives.
Parliamentary papers. -Bill, no. 53 - 1840/001. -Report, n ° 53-1840/002. -Text corrected by the Commission, no. 53-1840/003.
-Text adopted in plenary meeting and transmitted to the Senate, no. 53-1840/004.
Compte rendu intégral.
-15 december 2011.
Senate.
Parliamentary papers. -Project referred to by the Senate, no. 5-1402/1. Report, no. 5-1402/2. -Decision not to amend, no. 5 - 1402/3.
Annals. -22 December 2011.