belgiquelex.be - Carrefour Bank of Legislation

22 AVRIL 1999. - Act respecting the exclusive economic zone of Belgium in the North Sea (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 the matters referred to in Article 77 of the Constitution.
CHAPTER I. - The exclusive economic zone
Art. 2. It is established, beyond the territorial sea of Belgium and adjacent to it, an exclusive economic zone, designated below by the ZEE acronym, comprising the waters underlying the seabed, the seabed and their subsoil.
Art. 3. The EEZ of Belgium covers the part of the North Sea whose outer delimitation is constituted by a line composed of segments that connect, in the order in which they are listed, the following points defined by their coordinates:
1. 51°16'09"N02°23'25"E
2. 51°33'28"N 02°14'18"E
3. 51°36'47"N 02°15'12"E
4. 51°48'18"N 02°28'54"E
5. 51°52'34,012"N 02°32'21,599"E
6. 51°33'06"N 03°04'53"E
The positions of the points listed in this article are expressed in latitudes and longitudes in the European geodetic system (1^er Regulation 1950).
CHAPTER II. - Exclusive economic zone legal regime
Art. 4. The EEZ is subject to the specific legal regime established by this Act. In the EEZ, the Kingdom of Belgium exercises:
(1) sovereign rights for exploration and exploitation, conservation and management of natural, biological or non-living resources, overlying waters to the seabed, seabed and subsoil, as well as other activities for the exploration and exploitation of the area for economic purposes, such as energy production from water, currents and winds;
(2) jurisdiction with regard to:
a. the establishment and use of artificial islands, installations and structures;
b. marine scientific research;
c. the protection and preservation of the marine environment;
3) other rights under international law.
Art. 5. When, in its EEZ, Belgium exercises its rights, it takes due account of the rights and obligations of other states with regard to, inter alia, freedom of navigation and overflight, the freedom to lay underwater cables and pipelines and the freedom to use the sea for other internationally licit purposes related to the exercise of these freedoms and compatible with other provisions of international law.
CHAPTER III. - Live resources and fisheries
Section I
Art. 6. Article 1^erParagraph 1^er of the Act of 12 April 1957 authorizing the King to prescribe measures for the conservation of the biological resources of the sea, as amended by the Act of 18 July 1973, is replaced by the following provision:
"The King takes the necessary measures to ensure the conservation of biological resources both in the high seas and in the exclusive economic zone and in the territorial sea. »
Art. 7. Section 2 of the Act is replaced by the following provision:
“Art. 2. § 1^er. Without prejudice to the powers of judicial police officers, maritime commissioners and their officers, the officials and officers of the Maritime Fisheries Service of the Ministry of Average Classes and Agriculture, appointed by the Minister who has agriculture in his or her duties, the commanders of the fishermen's vessels or their attendants, the commanders of the vessels and aircraft patrollers of the state or their attendants, the officers and non-commissioned officers of the Marine^erand, in particular, to search for the offences and to find them by minutes of evidence to the contrary.
For this purpose, they may at any time visit fishing vessels, require the presentation of all flight documents and all supporting documents, as well as entering all premises and places on board where fishing gears or products can be found. They may enter all documents and supporting documents for consideration.
In cases of flagrante delicto, they may, for the purpose of prosecuting and with the consent of the Crown Prosecutor of the Bruges Court of First Instance, direct or direct the fishing vessel to a Belgian port at the expense and risk of the owner or operator and, to the extent necessary, put it to the chain at the charge and risk of the owner or operator.
In the event they have serious reasons to believe that offences have been committed, they may, with the consent of the Crown Prosecutor of the Bruges Court of First Instance, direct or direct the fishing vessel to a Belgian port, at the cost and risk of the owner or operator. If an offence is then found, they may, to the extent necessary, put it to the chain at the expense and risk of the owner or operator.
When the chain of a fishing vessel is placed in accordance with the provisions of this Act, the fishing vessel shall be immediately released in exchange for the deposit by the owner or the person acting on his behalf, a deposit or a bank guarantee granted by a bank established in Belgium corresponding to an amount fixed by the verbalizing agent and which may not be greater than the maximum amount of the increased fine set out in this Act. The deposit or bank guarantee will be paid, against receipt, in the hands of the verbalizing agent who will give it to a judicial agency of the Caisse des Dépôts et Consignations.
The fine imposed by a judicial decision passed in force of evidence and any other costs are recovered on bail. The remaining part is immediately returned. The interest of the recorded amount is added to the bond.
In the case of the chaining of a foreign fishing vessel, the flag State shall be notified without delay through its diplomatic representative of the measures taken, as well as subsequent sanctions.
§ 2. When an offence is found, they may also immediately seize fishing products, fishing gear and other means of production. They may cause the seized fishery products to be released at sea.
They can publicly sell seized fishing products that can be marketed in accordance with the European or national regulations in force and provided this is compatible with public health. The amount obtained is deposited in the court's office until it has been finally decided on the offence. This sum takes place in the fishery products seized both with respect to confiscation and possible restitution.
They may hand over to a charitable institution or serve another purpose, seized fishery products that cannot be marketed in accordance with the European or national regulations in force but that meet the public health imperatives.
If the seized fishery products do not meet public health requirements, they cannot be considered for human consumption and must be denatified, processed and destined for other jobs, or destroyed, at all costs of the offender.
They may return the fishing gear and other means of production seized to the offender, against the deposit of a deposit or a bank guarantee granted by a bank established in Belgium corresponding to an amount fixed by the verbalizing agent and which may not exceed one-fifth of the maximum fine provided for in this Act, increased the additional decimals.
This possibility, however, cannot be used if it is fishing gear or means of production that do not meet the European or national regulations in force.
The seized fishing gear and other means of production are sequestered at the office of the competent court. The deposit or bank guarantee will be deposited, against receipt, in the hands of the verbalizing agent who will give it to the court office until it has been finally decided on the offence. This sum takes place in the case of fishing gear and other means of production seized both with regard to confiscation and possible restitution.
§ 3. In the event of conviction, the court may always order the confiscation of the proceeds of fishing, fishing gear and other seized means of production.
Forfeiture is always pronounced and destruction is always ordered in the case of fishing gears or means of production that do not meet the European or national regulations in force and in the case of the nature of the fishery product.
The destruction ordered by the court is at the expense of the convicted person. "
Art. 8. Section 3 of the Act, as amended by the Act of 23 February 1971, is replaced by the following provision:
“Art. 3. - Is punished with a fine of one thousand five hundred francs to one hundred thousand francs:
1° the person who contravenes orders made under this Act;
2° that which opposes visits, inspections, inspections, inspections, taking samples or requests for information or documents by the authorities referred to in Article 2, § 1^er;
3° who knowingly provides inaccurate information or documents;
4° he who refuses to comply with the orders given by the authorities referred to in Article 2, § 1^erunder this Act or its enforcement orders.
A person who commits in the territorial sea an offence referred to in the first paragraph shall be liable to imprisonment from fifteen days to one year and a fine provided for in this article or of one of these penalties only.
If the offence is committed between sunset and sunrise or recidivism within three years after a conviction for one of the offences referred to in the first and second paragraphs, the above penalties may be increased to a maximum of two.
It is also condemned to the payment of all costs incurred, including costs resulting from the seizure of fishing gear and production facilities.
The provisions of Book 1 of the Criminal Code, including Chapter VII and Article 85, are applicable to offences under this section. "
Art. 9. Section 4 of the Act is replaced by the following provision:
“Art. 4. - The correctional courts of Antwerp, Bruges, Brussels and Furnes are only competent to hear offences against this law and its enforcement orders. "
Section II
Art. 10. Article 1^er of the Act of 10 October 1978 establishing a fishing area of Belgium is replaced by the following provision:
“Article 1^er. - It is established, beyond the territorial sea of Belgium, a national fishing area whose limits are those of the exclusive economic zone. "
Art. 11. Section 3, second paragraph of the Act, is replaced by the following provision:
"This prohibition is subject to rights that, for foreign vessels, arise from the Treaty on the European Union and the rules of international law applicable in this regard. "
Art. 12. Section 4 of the Act, as amended by the Act of 30 June 1983, is replaced by the following provision:
“Art. 4. § 1^er. Without prejudice to the powers of judicial police officers, maritime commissioners and their agents, officials and agents of the Maritime Fisheries Service of the Ministry of the Middle Class and Agriculture, appointed by the minister who has the agriculture in his duties, the commanders of the fishermen's buildings or their attendants, the commanders of the ships and aircraft patrollers of the State or their officers, the officers and non-commissioned officers
For this purpose, they may at any time visit fishing vessels, require the presentation of all flight documents and all supporting documents, as well as entering all premises and places on board where fishing gears or products can be found. They may enter all documents and supporting documents for consideration.
In cases of flagrante delicto, they may, for the purpose of prosecuting and with the consent of the Crown Prosecutor of the Bruges Court of First Instance, direct or direct the fishing vessel to a Belgian port at the expense and risk of the owner or operator and, to the extent necessary, put it to the chain at the charge and risk of the owner or operator.
In case they have serious reasons to believe that offences have been committed, they may with the consent of the Crown Prosecutor of the Bruges Court of First Instance, direct or direct the fishing vessel to a Belgian port, at the cost and risk of the owner or operator. If an offence is then found, they may, to the extent necessary, put it to the chain at the expense and risk of the owner or operator.
§ 2. When an offence is found, they may also immediately seize fishing products and fishing gear and other means of production. They may cause the seized fishery products to be released at sea.
They can publicly sell seized fishing products that can be marketed in accordance with the European or national regulations in force and provided this is compatible with public health. The amount obtained is deposited in the court's office until it has been finally decided on the offence. This sum takes place in the fishery products seized both with respect to confiscation and possible restitution.
They may hand over to a charitable institution or serve another purpose, seized fishery products that cannot be marketed in accordance with the European or national regulations in force but that meet the public health imperatives.
If the seized fishery products do not meet public health requirements, they cannot be considered for human consumption and must be denatified, processed and destined for other jobs, or destroyed, at all costs of the offender.
They may return the fishing gear and other means of production seized to the offender, against the deposit of a deposit or bank guarantee granted by a bank established in Belgium corresponding to an amount fixed by the verbalizing agent and which may not exceed one-fifth of the maximum fine provided for in this Act, increased the additional decimals.
This possibility, however, cannot be used if it is fishing gear or means of production that do not meet the European or national regulations in force.
The seized fishing gear and other means of production are sequestered at the office of the competent court. The deposit or bank guarantee will be deposited in the hands of the verbalizing agent who will give it to the court office until it has been finally decided on the offence. This sum is made up of fishing gear and other means of production seized both with respect to confiscation and possible restitution.
§ 3. In the event of conviction, the court may always order the confiscation of the proceeds of fishing, fishing gear and other seized means of production.
Forfeiture is always pronounced and destruction is always ordered in the case of fishing gears or means of production that do not meet the European or national regulations in force and in the case of the nature of the fishery product.
The destruction ordered by the court is at the expense of the convicted person. "
Art. 13. Section 5 of the Act is replaced by the following provision:
“Art. 5. - When the chain of a fishing vessel is placed in accordance with the provisions of this Act, the fishing vessel shall be immediately released in exchange for the deposit by the owner or the person acting on his behalf, a deposit or guarantee granted by a bank established in Belgium corresponding to an amount fixed by the verbalizing agent and which may not exceed a fifth of the maximum amount of the increased fine provided for in the present Act. The deposit or bank guarantee will be paid, against receipt, in the hands of the verbalizing agent who will give it to a judicial agency of the Caisse des Dépôts et Consignations.
The fine imposed by a judicial decision passed in force of evidence and any other costs are recovered on bail. The remaining part is immediately returned. The interest of the recorded amount is added to the bond.
In the case of the chaining of a foreign fishing vessel, the flag State shall be notified without delay through its diplomatic representative of the measures taken and of the subsequent sanctions. "
Art. 14. Section 6 of the Act, as amended by the Act of 30 June 1983, is replaced by the following provision:
“Art. 6. - Is punished with a fine of one thousand five hundred francs to one hundred thousand francs:
(1) the person who contravenes this law or the orders made under this Act;
2° that which opposes visits, inspections, inspections, inspections, taking samples or requests for information or documents by the authorities referred to in Article 4, paragraph 1^er;
3° who knowingly provides inaccurate information or documents;
4° the person who refuses to comply with the orders given by the authorities referred to in Article 4, paragraph 1^er under this Act or its enforcement orders.
If the offence is committed between sunset and sunrise or recidivism within three years after a conviction for one of the offences referred to in the first paragraph, the above penalties may be increased to a maximum of two.
It is also condemned to the payment of all costs incurred, including costs resulting from the seizure of fishing gear and production facilities.
The provisions of Book 1 of the Criminal Code, including Chapter VII and Article 85, shall apply to offences under this section. "
Art. 15. Section 7 of the Act is replaced by the following provision:
“Art. 7. - The correctional courts of Antwerp, Bruges, Brussels and Furnes are only competent to hear offences against this law and its enforcement orders. "
Section III
Art. 16. The title of the Act of August 19, 1891 on Maritime Fisheries in Territorial Waters is replaced by the following title:
"Law of August 19, 1891 on Maritime Fisheries in the Territorial Sea".
Art. 17. Article 1^er the Act is replaced by the following provision:
“Article 1^er. - The exercise of fishing in the territorial sea falls under Belgian jurisdiction.
Are considered fishing facts:
1. capture or attempt to capture any fish, shellfish or shellfish;
2. the destruction or removal of the frai, the carpenter and the naissain.
For foreign fishing vessels, fishing is prohibited in the territorial sea.
This prohibition is subject to rights that, for foreign vessels, arise from the Treaty on the European Union and the relevant rules of international law. "
Art. 18. Section 3 of the Act is replaced by the following provision:
“Art. 3. § 1^er. Without prejudice to the powers of judicial police officers, maritime commissioners and their agents, officials and agents of the Maritime Fisheries Service of the Ministry of the Middle Class and Agriculture, appointed by the minister who has the agriculture in his duties, the commanders of the fishermen's buildings or their attendants, the commanders of the vessels and aircraft patrollers of the State or their officers, the officers and non-commissioned officers
For this purpose, they may at any time visit fishing vessels, require the presentation of all flight documents and all supporting documents, as well as entering all premises and places on board where fishing gears or products can be found. They may enter all documents and supporting documents for consideration.
In cases of flagrante delicto, they may, for the purpose of prosecuting and with the consent of the Crown Prosecutor of the Bruges Court of First Instance, direct or direct the fishing vessel to a Belgian port at the expense and risk of the owner or operator and, to the extent necessary, put it to the chain at the charge and risk of the owner or operator.
In case they have serious reasons to believe that offences have been committed, they may with the consent of the Crown Prosecutor of the Bruges Court of First Instance, direct or direct the fishing vessel to a Belgian port, at the cost and risk of the owner or operator. If an offence is then found, they may, to the extent necessary, put it to the chain at the expense and risk of the owner or operator.
When the chain of a fishing vessel is placed in accordance with the provisions of this Act, the fishing vessel shall be immediately released in exchange for a deposit by the owner or the person acting on his behalf, a deposit or a bank guarantee granted by a bank established in Belgium corresponding to an amount fixed by the verbalizing agent and which may not be greater than one fifth of the maximum amount of the decimal amount provided by the specified fine. The deposit or bank guarantee will be paid, against receipt, in the hands of the verbalizing agent who will give it to a judicial agency of the Caisse des Dépôts et Consignations.
The fine imposed by a judicial decision passed in force of evidence and any other costs are recovered on bail. The remaining part is immediately returned. The interest of the recorded amount is added to the bond.
In the case of the chaining of a foreign fishing vessel, the flag State shall be notified without delay through its diplomatic representative of the measures taken and of the subsequent sanctions.
§ 2. When an offence is found, they may also immediately seize fishing products, fishing gear and other means of production. They may cause the seized fishery products to be released at sea.
They can publicly sell seized fishing products that can be marketed in accordance with the European or national regulations in force and provided this is compatible with public health. The amount obtained is deposited in the court's office until it has been finally decided on the offence. This sum takes place in the fishery products seized both with respect to confiscation and possible restitution.
They may hand over to a charitable institution or serve another purpose, seized fishery products that cannot be marketed in accordance with the European or national regulations in force but that meet the public health imperatives.
If the seized fishery products do not meet public health requirements, they cannot be considered for human consumption and must be denatified, processed and destined for other jobs, or destroyed, at all costs of the offender.
They may return the fishing gear and other means of production seized to the offender, against the deposit of a deposit or bank guarantee granted by a bank established in Belgium corresponding to an amount fixed by the verbalizing agent and which may not exceed one-fifth of the maximum fine provided for in this Act, increased the additional decimals.
This possibility, however, cannot be used if it is fishing gear or means of production that do not meet the European or national regulations in force.
The seized fishing gear and other means of production are sequestered at the court office. The deposit or bank guarantee will be deposited in the hands of the verbalizing agent who will give it to the court office until it has been finally decided on the offence. This sum takes place in the case of fishing gear and other means of production seized both with regard to confiscation and possible restitution.
§ 3. In the event of conviction, the court may always order the confiscation of the proceeds of fishing, fishing gear and other seized means of production.
Forfeiture is always pronounced and destruction is always ordered in the case of fishing gears or means of production that do not meet the European or national regulations in force and in the case of the nature of the fishery product.
The destruction ordered by the court is at the expense of the convicted person. "
Art. 19. Section 4 of the Act is repealed.
Art. 20. Section 5 of the Act is repealed.
Art. 21. Section 6 of the Act is replaced by the following provision:
“Art. 6. - Is punishable by imprisonment from fifteen days to one year and a fine of one thousand five hundred francs to one hundred thousand francs or one of these penalties only:
(1) the person who contravenes this law or the orders made under this Act;
2° that which opposes visits, inspections, inspections, inspections, taking samples or requests for information or documents by the authorities referred to in Article 3, paragraph 1^er;
3° who knowingly provides inaccurate information or documents;
4° the person who refuses to comply with the orders given by the authorities referred to in Article 3, paragraph 1^erunder this Act or its enforcement orders.
If the offence is committed between sunset and sunrise or recidivism within three years after a conviction for one of the offences referred to in the first paragraph, the above penalties may be increased to a maximum of two.
It is also condemned to the payment of all costs incurred, including costs resulting from the seizure of fishing gear and production facilities.
The provisions of Book 1 of the Criminal Code, including Chapter VII and Article 85, shall apply to offences under this section. "
Art. 22. Section 7 of the Act is repealed.
Art. 23. Section 9 of the Act is replaced by the following provision:
“Art. 9. - The correctional courts of Antwerp, Bruges, Brussels and Furnes are only competent to hear offences against this law and its enforcement orders. "
Art. 24. Section 10 of the Act is repealed.
Section IV
Art. 25. With respect to fishing activities, the Act of 28 March 1975 on trade in agricultural, horticulture and marine fisheries products is also applicable in the EEZ.
The application of prison sentences is excluded for offences committed in the EEZ.
CHAPTER IV. - Non-living resources
Art. 26. The title of the Act of 13 June 1969 on the continental shelf of Belgium is replaced by the following title: "The Act respecting the exploration and exploitation of non-living resources of the territorial sea and the continental shelf".
Art. 27. Article 1^er the Act is replaced by the following provision:
“Article 1^er. - The Kingdom of Belgium exercises sovereignty over the territorial sea and sovereign rights on the continental shelf for the exploration and exploitation of mineral resources and other non-living resources. "
Art. 28. Section 2 of the Act is replaced by the following provision:
“Art. 2. - The continental shelf of Belgium includes the seabed and the basement of the submarine regions, adjacent to the shores but located outside the territorial sea and whose outer delimitation is constituted by a line composed of segments, which connects, in the order in which they are listed, the following points defined by their coordinates:
1. 51°16'09"N 02°23'25"E
2. 51°33'28"N 02°14'18"E
3. 51°36'47"N 02°15'12"E
4. 51°48'18"N 02°28'54"E
5. 51°52'34,012"N 02°32'21,599"E
6. 51°33'06"N 03°04'53"E
The positions of the points listed in this article are expressed in latitudes and longitudes in the European geodetic system (1^er Regulation 1950). "
Art. 29. the following amendments are made to section 3 of the Act:
1° the words "sea bed" are replaced by the words "seabed";
2° the article is supplemented by the following paragraph:
"It also determines the procedure for the withdrawal or partial or whole transfer of the concession. "
Art. 30. Section 4 of the Act is replaced by the following provision:
“Art. 4. - Installation of cables or pipelines
- entering the territorial sea or the national territory
- or which are installed or used as part of the exploration of the continental shelf, the exploitation of mineral resources and other non-viving resources or the exploitation of artificial islands, installations or structures under Belgian jurisdiction
is subject to obtaining an authorization that is granted or withdrawn in accordance with the terms determined by the King.
For pipelines, the route must be approved by the King, taking into account the exploration of the continental shelf, the exploitation of mineral resources and other non-living resources.
The King may impose additional measures to prevent, reduce, or combat pollution by pipelines. "
Art. 31. The following amendments are made to section 5 of the Act:
1° in the first paragraph, the words "installations and other devices established in the high seas" are replaced by the words "artificial islands, installations and other devices";
2° in the same paragraph, the word "natural" is replaced by the words "mineral and other non-living resources";
3° in the third paragraph, the words "sea waters" are replaced by the words "sea, flora, fauna and their habitats".
Art. 32. The following amendments are made to section 6 of the Act:
1° in the first paragraph, the words "artificial island" are inserted between the words "for each" and "installation or device";
2° in the same paragraph, the words "in the territorial sea or" are inserted between the words "located" and "on the continental shelf";
3° in the second paragraph, the words "artificial islands" are inserted between the words "from the outer edge of these" and "installations or devices".
Art. 33. The following amendments are made to section 7 of the Act:
1° the words "installations or other devices located in the high seas" are replaced by the words "artificial islands, installations or other devices";
2° the words "in the territorial sea or" are inserted between the words "set to remain" and "on the continental shelf";
3° the words "on these installations or devices" are replaced by the words "on these artificial islands, installations or devices".
Art. 34. In section 8, first paragraph, of the Act, the words "on an installation or other device referred to in the preceding section" are replaced by the words "on these artificial islands, installations or devices, referred to in this Act".
Art. 35. In section 9, first paragraph, of the Act, the words "of an artificial island or" are inserted between the words "in respect" and "of an installation".
Art. 36. Article 10, as follows, is inserted in the same law:
“Art. 10. - Offences to this Act or its enforcement orders shall be punished in accordance with articles 55 and 56 of the Act of 22 April 1999 concerning the exclusive economic zone of Belgium in the North Sea. "
CHAPTER V. - Artificial islands, installations and works
Art. 37. In the EEZ, Belgium has exclusive jurisdiction over artificial islands, facilities and works, including customs, tax, sanitary, security and immigration laws and regulations.
In the territorial sea, Belgium has sovereignty over artificial islands, installations and works.
Art. 38. The provisions on artificial islands, installations and works referred to in the Act of 13 June 1969 on the exploration and exploitation of non-living resources of the territorial sea and the continental shelf are also applicable to artificial islands, installations and structures erected in the EEZ and the territorial sea having other purposes than the exploration and exploitation of mineral resources and other non-living resources.
Art. 39. Facilities or structures erected in the abandoned or disused EEZ must be removed in particular to ensure the safety of navigation.
This provision is also applicable in the territorial sea.
CHAPTER VI. - Marine scientific research
Art. 40. Any marine scientific research, of any kind, conducted in the territorial sea and the EEZ by a ship, aircraft, submersible equipment or foreign instrument, shall be subject to the consent of the Minister who has foreign affairs in his or her powers, who shall consult with the Ministers concerned for that purpose.
Art. 41. § 1^er. In order to obtain the consent referred to in Article 40, a request shall be forwarded by diplomatic means, no later than three months before the commencement of the proposed project. The King shall determine the information to be attached to that request.
§ 2. If a marine scientific research project is established within the framework of an international organization to which Belgium is a party or to which Belgium is bound by a bilateral agreement and that it has received the approval of Belgium, Belgium is expected to have granted its consent for marine scientific research conducted in the territorial sea and the EEZ in the framework of the project, unless it means its objection within two months after the filing of the official request by diplomatic channel.
Art. 42. In addition to the obligation to meet the requirements of international law, the execution of marine scientific research by foreign vessels in the territorial sea and the EEZ is subject to Belgian legislation on the protection and conservation of the marine environment.
Art. 43. § 1^er. The establishment and use in the territorial sea and the EEZ of scientific facilities or equipment of any kind are subject to the provisions of Chapter VI.
§ 2. The facilities or equipment referred to are provided with identification marks indicating the State of registration or the international organization to which they belong, as well as the means of marking prescribed by the King.
§ 3. The provisions of this Article do not confer artificial island status on the facilities and equipment concerned.
Art. 44. If it turns out that marine scientific research work is not conducted in accordance with the requirements of this chapter, it is subject to suspension or termination, under the conditions and under the terms and conditions laid down in international law.
Art. 45. The King shall determine the additional enforcement measures that may require the implementation of the provisions of this chapter. The King may provide for exemptions in specific cases.
CHAPTER VII. - Protection of the marine environment
Art. 46. In the EEZ, Belgium has jurisdiction over the protection and preservation of the marine environment, including the protection and conservation of wildlife species, their habitats and their physical environment. The exercise of this jurisdiction is governed by Belgian legislation on this matter.
CHAPTER VIII
Customs, tax, health and immigration controls
Art. 47. In the first twelve nautical miles of the EEZ, that is, in an area adjacent to its territorial sea extending over a width of twelve nautical miles, Belgium exercises the necessary control to:
1° to prevent offences against its customs, tax, immigration or health laws and regulations in force in its territory or in its territorial sea;
2° Suppress offences against the same laws and regulations committed in its territory or in its territorial sea.
Art. 48. Section 167 of the General Customs and Access Act of 18 July 1977 is replaced by the following provision:
"Art. 167. - The customs department occupies:
1° along the sea coast, an area extending inside the country over a width of 5 kilometers from the low tide line;
2° the territory of customs seaports and customs aerodromes as well as an area outside this territory on a width of 250 m from the limits of this territory. "
Art. 49. Section 168 of the Act is replaced by the following provision:
"Art. 168. - Agents shall exercise, in the space referred to in section 47 of the Act of 22 April 1999 concerning the exclusive economic zone of Belgium in the North Sea, any control with a view to:
1° to prevent offences against the laws and regulations that the Customs is responsible for enforcing in Belgian territory or in its territorial sea;
2° Suppress offences against these same laws and regulations committed in Belgian territory or in its territorial sea. "
Art. 50. Section 169 of the Act is replaced by the following provision:
"Art. 169. § 1^er. Without prejudice to the provisions relating to the right of innocuous passage, agents may, in the territorial sea of Belgium, visit the ships and have the bill of lading and other cargo-related bills submitted with a view to ascertaining whether the goods on board are in a regular situation in respect of the customs and accisian regulations or the measures of prohibition, restriction or control of import, export or transit, and to determine the offences referred to above.
§ 2. For the purposes of this article, it is understood by ship: any equipment or apparatus of any kind, including equipment without drawing water and hydravions, used or likely to be used as a means of transport on water as well as fixed or floating platforms. "
CHAPTER IX. - Amendments to the Judicial Code
Art. 51. Section 513 of the Judicial Code, as amended by the Act of 6 April 1992, is supplemented by the following paragraph:
"The judicial officers having their study in the judicial districts of Antwerp, Bruges and Furnes are competent to act on the territorial sea referred to in Article 1^er of the law of 6 October 1987 establishing the width of the territorial sea of Belgium, as well as in the exclusive economic zone referred to in article 2 of the law of 22 April 1999 concerning the exclusive economic zone of Belgium in the North Sea".
Art. 52. the following amendments are made to section 569 of the Code:
A) Paragraph 1, 24° to 27°, inserted by the laws of 4 August 1992, 5 August 1992, 6 August 1993, 20 May 1994, 30 June 1994 and 28 October 1996, is replaced by the following text:
"24° of requests for payment facilities under section 59 of the Mortgage Credit Act of 4 August 1992;
25° of proceedings brought under section 49 of the Police Service Act;
26° of requests referred to in Article 13 of the Law of 30 June 1994 transposing in Belgian law the European Directive of 14 May 1991 concerning the legal protection of computer programmes;
27° of proceedings under section 93 of the Act of 20 May 1994 relating to the statutes of military personnel;
28° of applications based on the International Convention for the Establishment of an International Fund for Compensation for Oil Pollution Damage, made in Brussels on 18 December 1971, on the Protocol to that Convention made in London on 19 November 1976, and on the Act for approval and enforcement of the Convention and the Protocol;
29° of applications for restitution of cultural property introduced on the basis of Article 7 of the Law of 28 October 1996 on the restitution of cultural property that has illegally left the territory of certain foreign States. »;
(B) the same paragraph, last amended by the Act of 28 October 1996, is supplemented as follows:
" 30° in the absence of other jurisdictional attributes, applications filed under the Act of 22 April 1999 concerning the exclusive economic zone of Belgium in the North Sea";
(C) the second paragraph, last amended by the Act of 28 October 1996, is replaced by the following paragraph:
"The court of first instance in Brussels is competent only in the cases provided for in the first paragraph, 8°, 17°, 21°, 28°, and 29°, and that of Antwerp in the case provided for in the first paragraph, 18°. "
Art. 53. Section 627 of the same Code, last amended by the Act of 10 February 1998, is supplemented as follows:
"15° the Court of First Instance of Antwerp, when it comes to applications filed under the Act of 22 April 1999 concerning the exclusive economic zone of Belgium in the North Sea."
Art. 54. Section 633 of the same Code is supplemented by the following paragraph:
"If the application relates to seizure in the territorial sea referred to in section 1^er of the law of 6 October 1987 establishing the width of the territorial sea of Belgium or in the exclusive economic zone referred to in Article 2 of the Act of 22 April 1999 concerning the exclusive economic zone of Belgium in the North Sea, the judges of the seizures of the districts of Antwerp, Bruges and Furnes are also competent. "
CHAPTER X. - Criminal provisions
Art. 55. For chapters V and VI of this Act and their enforcement orders,
(1) shall be punished by imprisonment of fifteen days to one year and a fine of one thousand francs to one million francs or one of those penalties only that which has been given without authorization or concession to an activity subject to authorization or subject to a concession;
(2) shall be punished by imprisonment of fifteen days to one year and by a fine of two hundred francs to five hundred thousand francs or by one of those penalties only that which has not complied with the conditions or conditions defined in the authorization or concession that has been issued or granted to it;
(3) shall be punished by imprisonment of fifteen days to one year and a fine of two thousand francs to one hundred thousand francs or one of those penalties only that which has refused, to a competent official or agent, access under section 60 of this Act;
(4) shall be punished by imprisonment of fifteen days to one year and a fine of one thousand francs to one hundred thousand francs or one of these penalties only, the one who has not respected the zones and security measures established pursuant to Article 6 of the Act of 13 Juni 1969 concerning the exploration and exploitation of the non-living resources of the territorial sea and the continental shelf.
If the offence is committed between sunset and sunrise or recidivism within three years after a conviction for one of the offences referred to in the first paragraph, the above penalties may be increased to a maximum of two.
Art. 56. Legal persons are civilly liable for the payment of damages, fines and expenses resulting from convictions against their organs or agents for violation of the provisions of this Act or its enforcement orders.
Art. 57. Persons who are punished by a fine referred to in section 55 are required to pay 20% of that fine to the Environment Fund.
Art. 58. In the table annexed to the organic law of 27 December 1990 creating budgetary funds, under the heading "25 - 4 Environment Funds", the words "the fines referred to in section 55 of the Act of 22 April 1999 concerning the exclusive economic zone of Belgium in the North Sea" are inserted between the words "the fines referred to in section 30 of the Act of 6 April 1995 on the prevention of the pollution of the sea by ships" and "Content of expenses".
Art. 59. Without prejudice to the powers of the judicial police officers, the maritime commissioners and the officers and officers of the Maritime Police, the commanders of the State patrolling buildings and aircraft and their attendants, the officials and officers of the Management Unit of the Mathematics Model of the North Sea, the officials and officers of the Ministry of Economic Affairs appointed by the Minister who has the Economic Affairs in his or her powers and the officers and non-commissioned officers of the Marine who are appointed to this effect They search for the offences and find them by minutes, believing to the contrary.
Art. 60. Officials and agents referred to in section 59 shall at any time be entitled to access to vessels, undertakings, mooring sites, artificial islands, installations, works and other places, provided that their presence is reasonably required for the performance of their duties, with a view to ascertaining their mission. They can be assisted by experts. If necessary, they can use public force to enter these places.
Art. 61. All persons whom these provisions make it competent to monitor the application of this Act shall, in the exercise of this supervision, submit in uniform or not the identification documents, of which the King sets the model, which may be considered reasonably sufficient to indicate their jurisdiction under this Act.
Art. 62. All provisions of Book I of the Criminal Code, including Chapter VII and Article 85, are applicable.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 April 1999.
ALBERT
By the King:
Deputy Prime Minister and Minister of Economy
and Telecommunications, in charge of Foreign Trade,
E. DI RUPO
Deputy Prime Minister and Minister of the Interior,
L. VAN DEN BOSSCHE
Deputy Prime Minister and Minister
National Defence, Energy Officer,
J.-P. PONCELET
Minister of Science Policy,
YLIEFF
Minister of Public Health and Pensions,
Mr. COLLA
Minister of Foreign Affairs,
E. DERYCKE
Minister of Employment and Labour,
of the Policy on Equal Opportunities between Women and Men,
Mr. SMET
Minister of Agriculture
and Small and Medium Enterprises,
K. PINXTEN
Minister of Transport,
Mr. DAERDEN
Minister of Justice,
T. VAN PARYS
Minister of Finance,
J.-J. VISEUR
The Secretary of State for Security, Deputy Minister of the Interior, Secretary of State for Social Integration and the Environment,
Deputy Minister of Public Health,
J. PEETERS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Zitting 1998-1999.
Kamer:
Document. - Bill tabled on 23 December 1998, No. 1-1902/1. - Report, no. 1-1902/2. - Amendments after report, no. 1-1902/3. - Articles adopted in plenary session, No. 1-1902/4. - Text adopted in plenary meeting and transmitted to the Senate, No. 1-1902/5.
Annales parliamentarians. - Discussion, meeting on 9 and 11 February 1999. - Vote, meeting of 25 February 1999.
Senate:
Documents. - Project transmitted by the Chamber, No. 1-1292/1. - Report, no. 1-292/2. - Text adopted by the Commission, No. 1-1292/3. - Text adopted in plenary and subject to Royal Assent, No. 1-1292/4.
Annales parliamentarians. - Discussion, meeting on 1 April 1999. - Vote, meeting of 1 April 1999.