21 AVRIL 2007. - An Act to amend the Act of 20 January 1999 to protect the marine environment in the marine areas under Belgian jurisdiction (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. Section 2 of the Act of 20 January 1999 concerning the protection of the marine environment in the marine areas under Belgian jurisdiction, as amended by the laws of 3 May 1999 and 17 September 2005, are amended as follows:
(a) at 2°, after the words "abiotic and biotic components" are inserted the words "and ecosystem functions they perform";
(b) at 16°, the word "in" is replaced by the words "in MARPOL or any other";
(c) at 18°, the words "Paris Convention" are replaced by the words "OSPAR Convention";
(d) at 19°, the words ", as well as any subsequent amendment or addition to this Convention, linking Belgium internationally" are inserted after the words "January 17, 1984";
(e) a 23° is inserted, as follows:
"23° "ecosystem functions": the functions that natural wealth perform for the benefit of other natural wealth or the public; »;
(f) a 24° shall be inserted, as follows:
"24° "operator": a natural person or a private or public legal person who performs an economic activity in the marine environment or has consequences for the marine environment in the marine areas, whether or not that activity has a profit character, with the exception of the shipowner; »;
(g) a 25° is inserted, which reads as follows:
"25° "prevention measures": measures taken during an event, act or negligence that create an imminent threat of harm, in order to prevent or reduce this harm to a minimum; »;
(h) a 26° is inserted, which reads as follows:
"26° "containment measures": urgent measures taken after the occurrence of damage to maintain the damage under control, confine it, eliminate it or otherwise control it; »;
(i) a 27° is inserted, which reads as follows:
"27° "repair measures": non-urgent measures to repair, rehabilitate or replace the marine environment reached or provide an equivalent alternative solution for the marine environment reached; »;
(j) a 28° is inserted, as follows:
"28° "immediate threat of damage": a sufficient probability that damage occurs in the near future; »;
(k) insert a 29°, which reads as follows:
"29° "Natural wealth": protected species and natural habitats, water and seabed. »
Art. 3. Section 3 of the Act is replaced by the following provision:
“Art. 3. This Act aims to safeguard the specificity, biodiversity and integrity of the marine environment by means of measures to protect this environment and by means of measures to prevent, confine and repair environmental damage and disturbances, including through sustainable management and safeguard measures. »
Art. 4. In article 12, § 2, of the same law, the words "joint" and the words "of the Minister who has Agriculture in his powers" are deleted.
Art. 5. In Article 18 of the Act, the words "the Oslo Convention" are replaced by the words "the OSPAR Convention".
Art. 6. In the title of Chapter V of the Act, the words "and operators" are inserted after the words "caused by ships".
Art. 7. The title of Chapter V, section 2 is replaced as follows:
"The navigational accidents, the prevention and containment of pollution and damage and the intervention of the authority having competence at sea."
Art. 8. Article 21, § 1^er, of the same law, is replaced as follows:
« § 1^er. The master of a vessel who is involved in a navigational accident in the marine areas or, failing that, the shipowner must, as soon as possible, inform the proceeding designated by the King, in accordance with the terms provided under section 11 of the Act of 6 April 1995 concerning the prevention of marine pollution by ships. The master or shipowner shall take any reasonable preventive or containment measures. »
Art. 9. In Article 22, § 1^er, from the same law, the words "for preventive measures or containment measures" are inserted between the words "for assistance" and "to prevent".
Art. 10. In section 23 of the Act, the following amendments are made:
(a) § 1^er is replaced as follows:
« § 1^er. If the instructions given pursuant to section 22 of this Act fail to prevent, reduce to a sufficient degree or to stop the pollution caused by the accident, the authority having jurisdiction at sea may take ex officio any preventive or containment measures necessary to prevent, reduce or stop the harmful consequences of the accident.
These measures may include:
(i) investigate the situation on board the vessel and the nature and condition of the property on board;
(ii) to bring the vessel back to a port, if by this measure the harmful consequences may be better prevented, reduced or stopped. »
(b) a § 3 shall be inserted, as follows:
“§3. The shipowner shall bear the costs of preventive and containment measures taken in accordance with this section. The King sets out the rules and procedures for fixing and repercussing the costs of preventive and containment measures taken in accordance with this section on the shipowner. »
Art. 11. In section 24 of the Act, the following amendments are made:
1° in § 1^er, the words "with competence at sea" are inserted between the words "authority" and the words "may require";
2° in § 2, the words "with competence at sea" are added after the words "declared admissible by authority".
Art. 12. In chapter V of the Act, a section 3 is inserted, which reads as follows:
“Section 3. Operators, prevention and containment of pollution and damage and the intervention of the authority with competence at sea.
Art. 24 bis. § 1^er. In case of pollution or damage in the marine areas:
1° the operator shall report it without delay to the proceeding designated by the King, according to the procedure defined by the King;
2° the operator shall take any preventive or reasonable containment measures.
§ 2. At any time, the authority having jurisdiction at sea may:
1° require the operator to provide further information on pollution or damage;
2° require the operator to take preventive or containment measures;
3° require the operator to follow instructions for taking preventive or containment measures;
4° take preventive or containment measures.
§ 3. The operator shall bear the costs of preventive and containment measures taken in accordance with this section. The King sets out the rules and procedures for fixing and repercussion on the operator of the costs of preventive and containment measures taken in accordance with this section.
Art. 24ter § 1^er. The authority having jurisdiction at sea may require that the operator, involved in an event that causes or threatens to cause damage in the marine areas, deposit the Caisse des Dépôts et Consignations, to the maximum possible limits of liability, in accordance with international conventions and Belgian law.
§ 2. The designation of this sum may, without charge to the State, be replaced by the constitution of a bank guarantee granted by a bank established in Belgium or a guarantee signed by a "Protection & Indemnity" declared admissible by the authority having jurisdiction at sea.
§ 3. In the event of a refusal of bail or the establishment of a guarantee, the authority may suspend or withdraw the authorization for the operator's activities. »
Art. 13. In article 26, paragraph 1^er of the same law, the words ", of revocation" are inserted between the words "of suspension" and "and withdrawal".
Art. 14. In section 27 of the same law, the words "by the King" are inserted between the words "subject to authorization" and "on joint proposal of".
Art. 15. In section 29 of the Act, the word ", revoked" is inserted between the words "or authorizations may be suspended" and "or withdrawn" and the words ", revocation" are inserted between the words "to the suspension regime" and "or the applicable withdrawal".
Art. 16. In section 37 of the Act, the following amendments are made:
1° In § 2, 1°, the words "; or activities that are primarily used for national defence or international security; or activities intended exclusively to provide protection against natural disasters; are inserted between the words "a civil war, terrorism" and the words "or a natural phenomenon";
2° § 2, 3°, is replaced as follows:
"3° is the consequence of the follow-up of a mission or imperative instruction of the authority, unless it is a mission or instruction following pollution, caused by the activities of the person responsible for the damage or environmental disturbance. »;
3° § 3 is replaced as follows:
"The right to compensation for damage is acquired by the private or legal person who has suffered injury. Physical or legal persons who have been injured, or who justify a sufficient interest in the decision-making of the damage, may communicate to the authority their observations regarding a damage that they are aware of and request the authority to take measures of reparation.
The King sets out the rules and procedures for claims for reparations referred to in the previous paragraph. The right to repair an environmental disturbance is acquired by the State. »;
4° § 5 is replaced as follows:
"The perpetrator of the damage or environmental disturbance shall bear the costs of the measures taken pursuant to this section for the repair of the damage or environmental disturbance. The costs of compensation for damage or environmental disturbance, taken by persons other than the perpetrator of the damage or environmental disturbance in order to rehabilitate the components of the marine environment or to replace them with equivalent components, shall be reimbursed by the perpetrator of the damage or environmental disturbance, provided that the costs of such measures are not unreasonable given the results to be achieved for the protection of the marine environment. »;
5° It is added a § 6, as follows:
Ҥ 6. The King sets the rules and procedures to determine, execute and impose reparation measures. "
Art. 17. In section 38 of the Act, the words "or environmental disturbance" are inserted between the words "cost of damage" and "to be repaired".
Art. 18. In section 49 of the Act, the word "franc" is replaced by the word "EUR".
Art. 19. In section 50 of the same law, the word "franc" is replaced by the word "EUR".
Art. 20. In section 51 of the Act, the word "franc" is replaced by the word "EUR".
Art. 21. In section 52 of the Act, the word "franc" is replaced by the word "EUR".
Art. 22. In section 53 of the Act, the word "franc" is replaced by the word "EUR".
Art. 23. In section 54 of the same law, the word "franc" is replaced by the word "EUR".
Art. 24. In section 55 of the Act, the word "franc" is replaced by the word "EUR".
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 21 April 2007.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
The Minister of the Interior,
P. DEWAEL
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Defence,
A. FLAHAUT
Minister of Economy,
Mr. VERWILGHEN
Minister of Mobility, responsible for the Marine Environment,
R. LANDUYT
Minister of the Environment,
B. TOBBACK
Seal of the state seal:
Minister of Justice
Ms. L. ONKELINX
____
Note
(1) Parliamentary references:
Documents of the House of Representatives:
51-2748 - 2006/2007:
Number 1: Bill.
Number two: Report.
Number 3: Text corrected by commission.
No. 4: Text adopted in plenary and transmitted to the Senate.
Full report: 25 January 2007
Documents of the Senate:
3-2036 - 2006/2007:
No. 1: Project not referred to by the Senate.