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27 JULY 2011. - Act respecting the competent authority for the reception of vessels requiring assistance (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. This Act partially transposes Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 on the establishment of a community-based system for monitoring vessel and information traffic and repealing Council Directive 93/75/EC, as amended by Directive 2009/17/EC of the European Parliament and Council of 23 April 2009.
Art. 3. For the purposes of this Act:
1° "Act of 17 February 1993": the Act of 17 February 1993 approving the following International Acts: 1. Agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the delimitation of the territorial sea, 2. Agreement between the Government of the Kingdom of Belgium and the Government of the French Republic on the delimitation of the continental shelf, signed in Brussels on 8 October 1990;
2° "Act of 10 August 1998": the Act of 10 August 1998 enacting the Agreement between the Kingdom of Belgium and the Kingdom of the Netherlands on the Delimitation of the Continental Shelf, and Annex, and Exchange of Letters, and the Agreement between the Kingdom of Belgium and the Kingdom of the Netherlands on the Delimitation of the Territorial Sea, signed in Brussels on 18 December 1996;
3° "IMO Resolution A.949(23): International Maritime Organization Resolution A.949(23) entitled "Guidelines on places of refuge for vessels in need of assistance";
4° IMO Resolution A.950(23): IMO Resolution A.950(23) entitled "Marine Assistance Services (MAS)";
5° "Marine zones": areas as defined in Article 4;
6° "ship": any sea building or marine equipment, as well as any fixed or floating work;
7° "ship in need of assistance": without prejudice to the provisions of the International Convention on Maritime Search and Rescue and the Annex, signed in Hamburg on 27 April 1979, a vessel in a situation that could result in the loss of the vessel or constitute a threat to the environment or navigation;
8° "Refuge place": a port, part of a port or other anchorage or protection anchorage or any other sheltered area to accommodate vessels in need of assistance;
9° "operator": the shipowner or manager;
10° "agent": any person mandated or authorized to issue information on behalf of the vessel operator;
11° "Certificat d'assurance": proof of insurance referred to in Article 6 of Directive 2009/20/EC of the European Parliament and of the Council of 23 April 2009 on the insurance of ship owners for marine claims;
12° "federal public services having jurisdiction at sea": federal public services having jurisdiction at sea, as referred to in Article 7, § 1^er, 1°, of the Cooperation Agreement of 8 July 2005 between the Federal State and the Flemish Region concerning the establishment of a Coast Guard structure and cooperation within it, and the Federal Public Service Justice.
Art. 4. This Act applies only to situations requiring the reception of vessels requiring assistance in the following marine areas:
1° the territorial sea as defined in the law of 6 October 1987 fixing the width of the territorial sea of Belgium and whose lateral limit was fixed by:
- the Agreement between the Government of the Kingdom of Belgium and the Government of the French Republic on the Delimitation of the Territorial Sea, signed in Brussels on 8 October 1990, approved by the Law of 17 February 1993;
- the Agreement between the Kingdom of Belgium and the Kingdom of the Netherlands on the delimitation of the territorial sea, signed in Brussels on 18 December 1996, approved by the Act of 10 August 1998;
2° the exclusive economic zone as defined and defined in the Act of 22 April 1999 concerning the exclusive economic zone of Belgium in the North Sea;
3° the continental shelf as defined and defined by the Act of 13 June 1969 on the exploration and exploitation of non-living resources of the territorial sea and the continental shelf.
Art. 5. § 1^er. It is created a competent authority for the reception of vessels requiring assistance.
The Governor of the Province of Western Flanders is designated as the competent authority for the reception of vessels in need of assistance.
The competent authority for the reception of vessels in need of assistance shall be assisted by representatives of federal public services having jurisdiction at sea, to be designated by the King.
§ 2. The competent authority for the reception of vessels in need of assistance has the required expertise and the power, at the time of the operation, to make decisions independently with respect to the reception of vessels in need of assistance.
§ 3. From the time established in the plans referred to in Article 7, the competent authority for the reception of vessels in need of assistance shall exercise the powers vested in the federal public services with competence at sea.
The jurisdiction of the competent authority for the reception of vessels in need of assistance to exercise the powers vested in it under paragraph 1^er, is delimited to the decisions referred to in Article 6, § 1^erParagraph 1^er and Article 8.
§ 4. The competent authority for the reception of vessels in need of assistance and federal public services having jurisdiction at sea shall meet regularly to exchange experiences and improve the measures taken under Article 6, § 1^erParagraph 1^er. They may meet at any time due to special circumstances.
Art. 6. § 1^er. The competent authority for the reception of vessels in need of assistance, acting under Article 5, § 3, may, where applicable, and in particular where maritime security or the protection of the marine environment is threatened, take all measures listed in a non-exhaustive manner by the King by a deliberate order in the Council of Ministers.
For compelling reasons of general interest, the seizure, if applicable under sections 1467 and 1413 of the Judicial Code or any other constraint measures applied to a vessel in need of assistance, shall not prevent the competent authority from receiving vessels in need of assistance from taking the measures referred to in paragraph 1^er.
§ 2. The Belgian State may be made civilly responsible for measures that the competent authority for the reception of vessels in need of assistance has taken or not in the execution of the federal powers assigned to it under Article 5, § 3.
§ 3. In the case referred to in Article 5, § 3, the competent authority for the reception of vessels requiring assistance shall immediately collect the informed opinions of the federal public services having jurisdiction at sea, referred to in Article 5, § 1^er, 3^e and the authorities designated by the Flemish Region.
Federal public services having jurisdiction at sea, referred to in Article 5, § 1^er, 3^e paragraph, immediately give the notices requested to the competent authority for the reception of vessels requiring assistance.
The absence of the reasoned notices referred to in paragraph 1^er does not exempt the competent authority for the reception of vessels in need of assistance of the preliminary assessment and the decisions referred to in Article 6, § 1^erParagraph 1^er and Article 8.
Art. 7. The competent authority for the reception of vessels in need of assistance shall establish the plans referred to in Article 5, § 3, for the purpose of receiving vessels in order to meet the risks of vessels in need of assistance in marine areas, including, where appropriate, the risks to human life and the marine environment. The plans referred to in Article 5, § 3, are operational plans in accordance with Article 6, 6, of the Cooperation Agreement of 8 July 2005 between the Federal State and the Flemish Region concerning the establishment of a Coast Guard structure and cooperation within it.
Plans referred to in paragraph 1^er shall be prepared, after consultation with the parties concerned, on the basis of IMO Resolutions A.949(23) and A.950(23) and shall include at least the following:
1° the identity of the authority or authorities responsible for receiving and processing alerts;
2° the identity of the authority responsible for assessing the situation and making a decision on the acceptance or refusal of a ship in need of assistance in the chosen place of refuge;
3° of the information relating to the Belgian coastline and all elements facilitating a prior assessment and a prompt decision on the choice of place of refuge for a ship, including the description of environmental, economic and social factors as well as physical conditions;
4° the assessment procedures for the acceptance or refusal of a vessel in need of assistance in a safe place;
5° adequate means and facilities for assistance, rescue and control of pollution;
6° procedures for international coordination and decision-making;
7° the existing procedures relating to financial guarantees and liability for vessels hosted in a safe place.
The name and contact addresses of the competent authority for the reception of vessels requiring assistance and federal public services having jurisdiction at sea, referred to in Article 5, § 1^er, 2^e and 3^e paragraph, as well as authorities responsible for receiving and processing alerts referred to in paragraph 2, 1°, are published in the Belgian Monitor.
The competent authority for the reception of vessels in need of assistance shall communicate to the neighbouring Member States of the European Union, at their request, the relevant information regarding the plans referred to in paragraph 1^er.
When implementing the procedures in the plans referred to in paragraph 1^er for the reception of vessels in need of assistance, the competent authority for the reception of vessels in need of assistance shall ensure that the relevant information is made available to the parties involved in the operations.
At the request of a Member State of the European Union, the recipients of the information referred to in paragraphs 4 and 5 shall be bound to an obligation of confidentiality.
The processing of classified information must comply with the provisions of the Law of 11 December 1998 on classification and authorizations, certificates and security notices. This provision is only applicable to national information; It is up to the one who communicates it, to decide whether it can be shared.
Art. 8. The competent authority for the reception of vessels in need of assistance, acting under Article 5, § 3, shall decide on the acceptance of a vessel in a place of refuge following a prior assessment of the situation, carried out on the basis of the plans referred to in Article 7, paragraph 1^er. The competent authority for the reception of vessels in need of assistance ensures that vessels are admitted to a place of refuge if it considers that such reception is the best course of action to protect the human lives of the marine environment.
Art. 9. The absence of an insurance certificate does not exonerate the competent authority for the reception of vessels in need of assistance in the screening assessment and decision referred to in Article 8 and is not, in and of itself, considered sufficient reason for the competent authority to welcome vessels in need of assistance to refuse to accommodate a vessel in a safe place.
Without prejudice to paragraph 1^erthe competent authority for the reception of vessels in need of assistance may, when a vessel is in a place of refuge, request the operator, officer or master of the vessel to submit an insurance certificate. The application for this certificate may not have the effect of delaying the reception of the vessel in need of assistance.
Art. 10. This Act is effective November 30, 2010.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 27 July 2011
ALBERT
By the King:
The Prime Minister,
Y. LETERME
Minister of Finance and Institutional Reforms,
D. REYNDERS
Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
Minister of Foreign Affairs and Institutional Reforms,
S. VANACKERE
Minister of Justice,
St. CLERCK
Minister of P.M.E., Independents, Agriculture and Science Policy,
Mrs. S. LARUELLE
Minister of Defence,
P. DE CREM
Minister of Climate and Energy,
P. MAGNETTE
Minister for Business and Simplification,
VAN QUICKENBORNE
The Minister of the Interior,
Ms. A. TURTELBOOM
The Secretary of State for Mobility,
E. SCHOUPPE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 2010-2011 session.
House of Representatives:
Documents - Bill, No. 53-1363/1. - Report made on behalf of the Commission, No. 53-1363/2. - Text corrected by the commission, no. 53-1363/3. - Text adopted in plenary and transmitted to the Senate, No. 53-1363/4.
Full report: 1^er June 2011
Senate:
Documents. - Project not referred to by the Senate, No. 5-1057/1.