3 MAI 1999. - An Act to organize the division of powers following the integration of the marine police, the aeronautical police and the railway police into the federal police

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Distribution of skills following the integration of the aviation police into the federal police
Art. 2. Article 1^erParagraph 1^erthe Act of 27 June 1937 revising the Act of 16 November 1919 concerning the regulation of air navigation is supplemented by the following provisions:
"Road area, aerodrome movement area and all or part of adjacent land and buildings that are controlled;
Access control, control by means of identification badges, access cards, magnetic cards or other coded cards;
Safety control, measures to prevent the introduction of weapons or objects that may be used to commit unlawful acts;
Chief Inspector, Director General of Aeronautics Administration, in his capacity as Chief Aviation and Airport Inspection Officer. "
Art. 3. In section 37, paragraph 1^erthe words "by the authorities responsible for the monitoring and the air navigation police" are replaced by the words "by the minister responsible for the administration of the aeronautics or his delegate".
Art. 4. Section 38 of the Act, as amended by the Act of 21 March 1991, is replaced by the following provision:
“Art. 38. § 1^er. Without prejudice to the competence of the officers of the police services, the officials of the administration of the aeronautics designated by the King and sworn to this end, shall ensure respect for the air conventions, international air agreements and international aviation safety agreements, aircraft security plans, this Act and enforcement orders of this law, and the regulations referred to in sections 176bis and 194 of the law of 21 March 1991
§ 2. Officials referred to in § 1^er are recorded by minutes to prove the contrary, the offences of the laws and enforcement orders relating to air navigation and the offences of the regulations referred to in § 1^erthat they see in the territory of Belgium and on board aircraft registered in Belgium.
These minutes are transmitted immediately to the competent King's Prosecutor. They send a copy to the Chief Inspector.
§ 3. Officials referred to in § 1^er have the power to retain aircraft, and to have explosives, weapons and ammunition surrendered and all objects found in contravention of legal or regulatory requirements.
§ 4. Officials referred to in § 1^er may carry out or carry out under their direction and responsibility a safety check of any person who is about to pass from the city side to the runway side or who is about to board an aircraft and his or her baggage.
They must carry out this control whenever they are required by the commander of the aircraft in which the person to be controlled is about to board.
They prohibit access on board any person who, without a legitimate reason, opposes or refuses a security check.
§ 5. Officials referred to in § 1^er may submit or cause under their direction and responsibility to a security control cargo intended for air transport. They may prohibit the carriage of cargo if the shipper does not submit to such control.
§ 6. Officials referred to in § 1^er immediately inform the competent police of any other offence that they learn about in the exercise of their powers.
The police who, on the occasion of the exercise of their powers, are aware of offences defined in this Act and its enforcement or threat orders against civil aviation safety, shall immediately inform the head of the aeronautical inspection service.
§ 7. Officials referred to in § 1^er may only in the exercise of their mission under § 1^er :
1° excluding the place of residence, freely enter, at any time of day and night, without prior warning, in the places where this Act is applicable as well as in the aircraft and carry out safety checks;
2° conduct any examination, examination and hearing and collect any information they consider necessary to ensure that the provisions of the legislation in which they exercise surveillance are effectively observed, including:
(a) interrogate any person to whom they consider the necessary hearing on any facts of which knowledge is useful in the exercise of surveillance;
(b) conduct identity checks of persons on the runway side of airports in the cases and in accordance with the procedure provided for in article 34, § 1^er and § 4, paragraphs 1^er and 3 of the Police Service Act of 5 August 1992;
(c) to be produced, without displacement, to be aware of, any books, records, records, records, tapes, discs or any other information material containing data that is prescribed by the legislation of which they exercise surveillance and to take extracts, duplicates, impressions, listings, copies or photocopies thereof, or to be provided to any person who is subject to re-examination, or to be provided for any purpose
(d) be produced, without displacement, to be aware of, any other books, records, records, discs, tapes or any other information material that they consider necessary for the performance of their mission and to take extracts, duplicates, impressions, listings, copies or photocopies, or to be provided without charge or even to be provided to any of the relevant information materials;
(e) to collect and take samples of any material or finished of products and substances, retained, used or manipulated for analysis or for the administration of evidence of an offence, provided that the holders of such materials, products and substances, the employer, its attendants or agents, are notified. Where applicable, the holders of such products, materials and substances, the employer, its attendants or agents, shall provide the packagings necessary for the transport and conservation of such samples. The King determines the conditions under which and the manner in which these samples are collected, taken and analyzed.
The King shall determine the conditions and conditions for the approval of natural or legal persons, competent to perform the analyses referred to in this item;
(f) be surrendered against receipt or sealed other movable property other than those referred to in c, d or e, including movable property that is immovable by incorporation or by destination, whether the offender is the owner or not, that is subject to their control or by which offences against the laws of which they exercise supervision may be found when necessary for the proof of such offences committed or when the danger exists
(g) make findings by making photos and shots by film or video. "
Art. 5. Section 39 of the Act, as amended by the Act of 21 March 1991, is replaced by the following provision:
“Art. 39 § 1^er. The competences assigned in accordance with Article 38, §§ 1^er and 2, officials of the aeronautical inspection may also be assigned by Royal Decree deliberated in the Council of Ministers, subject to the conditions it determines, to members of the statutory personnel of the airport inspection belonging to the anonymous public law company "Brussels International Airport Company" with respect to:
1° violations of the regulations referred to in articles 176bis and 194 of the Act of 21 March 1991 on the reform of certain economic public enterprises that are not subject to criminal sanctions;
2° the breaches of this Act that were found in connection with security and access controls, when boarding a plane or when passing from the city side to the runway side of the Brussels-National airport;
3° the observation of accidents and the roadside traffic rules of the Brussels-National airport;
4° monitoring the local airport security plan.
In order to carry out their inspection tasks, they have access to all buildings and facilities located inside the airport in which they are designated. They may, in such cases and in accordance with the procedure provided for in article 34, §§ 1^er and 4, paragraphs 1^er and 3 of the Police Service Act of 5 August 1992.
They will transmit the minutes they have drawn up immediately to the competent King's Prosecutor. They send a copy to the Chief Inspector.
§ 2. Members of the statutory staff referred to in § 1^er exercise the powers referred to in this section under the authority and control of the Chief Inspector. The aeronautical inspection is competent to ensure coordination between airport inspections. "
Art. 6. Section 40 of the Act, as amended by the Act of 6 August 1973, is replaced by the following provision:
“Art. 40. The competences conferred under Article 38, §§ 4 and 5 to officials of the aeronautical inspection may, with respect to the Brussels-National airport, be conferred on the conditions determined by the King to members of the personnel of the airport inspections from the anonymous public law company "Brussels International Airport Company". These staff members exercise these skills under the authority and control of the Chief Inspector. "
Art. 7. Section 41 of the Act, as amended by the Act of 6 August 1973, is replaced by the following provision:
"Art. 41. For the exercise of their skills, the police may request the collaboration of the officials referred to in sections 38, § 1^er, and 39 § 2.
For the exercise of their competence, the officials referred to in Article 38, § 1^er, may request the collaboration of the police services. "
Art. 8. It is inserted in the same law, instead of section 42, which becomes section 45, section 42 (new), which reads as follows:
“Art. 42. Uniform functional grades, requirements for certification and training of aviation inspection personnel and airport inspections, as well as requirements for the issuance of licences and qualifications by the Minister responsible for the administration of aeronautics, their suspension and withdrawal are fixed by the King. "
Art. 9. Article 43, which reads as follows, is inserted in the same law:
“Art. 43. The King shall determine by order deliberately in the Council of Ministers the terms and conditions under which a breath test or a breath analysis may be imposed or performed on the airborne personnel. "
Art. 10. Article 44, which reads as follows, is inserted in the same law:
“Art. 44. Ministers responsible for the administration of aeronautics, justice and the interior jointly develop, in consultation with the competent authorities for the operation of airports and aerodromes, a crisis plan with regard to the measures to be taken in the event of aircraft diversions, aviation accidents in the territory of Belgium and bomb alerts directed against the airport infrastructure in the territory of Belgium. "
Art. 11. Are repealed:
1st articles 38bis, 40bis and 40ter of the same law, inserted by the laws of 6 August 1973 and 21 March 1991;
2° Article 11 of the Royal Decree of 17 July 1998 concerning the reform of the management structures of the Brussels-National airport.
CHAPTER III. - Distribution of skills following the integration of the marine police into the federal police
Section 1^re. - Missions of Navigation Control Officers
Art. 12. For the purposes of this chapter, the category of agents responsible for the control of navigation shall be defined as the category of agents responsible for the administration of marine affairs and navigation responsible for the execution and control of the legal and regulatory provisions on navigation.
The King determines the hierarchical structure within this category of agents.
Art. 13. The officers responsible for the control of navigation are competent to:
1° the establishment of crew roles;
2° Enrolment and derôlement of sailors;
3° the establishment of legal and regulatory documents for the loss of the crew or part of the crew;
4° the execution of the judicial seizure of ships or ships of inland navigation;
5° the monitoring of compliance with the legal and regulatory provisions relating to the safety of ships and navigation, including traffic rules;
6° the control of the prescribed legal and regulatory documents, concerning both vessels and on board;
7° in general, any other administrative act or related to the administrative law relating to navigation, except for the police measures referred to in Article 3, 1° of the Law of 5 August 1992 on the police function.
Art. 14. Captains and patrons of all vessels, regardless of the nationality of these vessels, are required to file, upon request, all legal and regulatory documents that are required to be kept on board.
Art. 15. Without prejudice to the competence of the officers of the police services, the officials of the administration of Maritime Affairs and Navigation appointed by the King and sworn for this purpose shall ensure compliance with the legislation relating to Article 13 of this Act and its enforcement orders.
In the exercise of their missions, they are, at any time, allowed access to ships and ships, as well as to any local in relation to navigation. Access to the premises is permitted only by permission of the occupant or authorization of the competent police judge.
They are empowered to take all necessary administrative measures to enforce these laws and regulations and ensure the safety of navigation.
As long as they have been designated for this purpose, they note the offences defined in the laws and regulations relating to navigation and note them by issuing minutes that are held to prove otherwise.
To this end, they may be provided with all the necessary information and documents, to control the identity of persons in accordance with Article 34, § 1^er, and § 4, paragraphs 1^er and 3 of the Act of 5 August 1992 on the Police Service, to hear and make all relevant findings.
These minutes are sent within fifteen days to the offender or his legal representative in Belgium and to the competent King's Prosecutor.
They immediately inform the competent police department of any other offence that they learn about in the exercise of their powers.
Art. 16. The King sets out the amounts of the fees related to the services, determined by him, of the agents responsible for the control of navigation.
Section 2. - Federal police missions
Art. 17. The Federal Police is responsible for the water police in the marine areas and on waters under Belgian jurisdiction.
Art. 18. In this Act, a water police force shall:
1° the monitoring of compliance with laws and regulations on and near water, including on board vessels and vessels;
2° the border control;
3° the exercise of judicial police missions on board ships and ships;
4° the execution of the seizure on ships and on ships during the exercise of judicial police and administrative police missions;
5° taking all necessary administrative police measures within the framework of the water police. These measures are taken by the federal police authority designated by the King.
Art. 19. Without prejudice to the legislation in force and for the exercise of its powers as defined in Article 18, 1°, 2° and 3°, the federal police may:
1° to board ships and ships at any time;
2° require the communication of all relevant documents, titles or documents as well as a copy of such documents, titles or documents. Where copies cannot be made on site, such documents, titles or documents may be taken to this effect for a limited time in exchange for an acknowledgement of receipt;
3° require any necessary cooperation from the ship or vessel commander;
4° to visit and search the ships and ships day and night. It cannot enter the part intended for housing without the permission of the occupant;
5° search the load and take samples, including the loading that is on the dock or on the place of deposit in the port and that is intended to be transported by water or just being. It is authorized to open the packaging. If the analysis cannot be done on site, it is empowered to carry the objects to this effect for a limited time, against delivery of a written receipt. The samples taken are, if possible, returned. The shares mentioned above do not give rise to any form of compensation;
6° require that the master or master of the ship or vessel stop him and move him to the place designated by him. The federal police authority may, if deemed necessary, transfer or transfer the vessel or vessel to a nearby location, unload or discharge the cargo;
7° retain the vessel or vessel for the time strictly necessary to exercise its skills on board. The period in which the vessel or vessel is legitimately retained does not provide any compensation.
Art. 20. In the event of absence, refusal, opposition or lack of cooperation in the execution of the police measures taken under sections 18, 5°, and 19, it may be carried out forcible execution and the requested measures may be carried out by the offender, the owner of the vessel or the cargo or the person who has the cargo in his custody.
The vessel or cargo may, if any, be retained in whole or in part, at the risks and costs of the above-mentioned person, as long as the costs incurred have not been paid or as long as no sum, sufficient to cover the costs incurred as well as the costs of conservation, has been recorded or a bank guarantee of the same amount has been made in a bank or credit institution approved in Belgium.
The amount recorded shall be returned after deduction of the above-mentioned costs, if any, increased to court fees.
Art. 21. For the exercise of the powers provided for in Article 18, the federal police may request the collaboration of the officers responsible for the monitoring of special legislation.
Art. 22. The King sets out the amount of benefits royalties, determined by him, of water police officers.
Section 3. - Amendments
Art. 23. In section 3 of the Act of August 19, 1891 on Maritime Fisheries in Territorial Waters, the words "Marine Commissioners and their Agents" are replaced by the words "shipping officers".
Art. 24. Section 2 of the Act of 5 June 1928 regulating the maritime contract is replaced by the following provision:
“Art. 2. A marine registry is maintained in each of the offices of the Navigation Control Officers.
In addition, a general registration is held at the Antwerp office for seafarers navigating to the merchant navy and a general registration is held at the Ostende office for seafarers navigating to fishing. "
Art. 25. In article 3, paragraph 1^er, in the same law, the words "in the Maritime Police Station" are replaced by the words "in the Office of Navigation Control Officers".
Art. 26. In sections 4, 5, 8 and 13 of the Act, the words "the Maritime Commissioner", "the Maritime Commissioner" and "the Maritime Commissioner" are replaced by the words "the shipping control officers designated for this purpose", "the shipping control officers designated for this purpose" and "to the shipping control officers designated for this purpose".
Art. 27. In section 14 of the Act, the words "without the intervention of the Maritime Commissioner or Consul" are deleted.
Art. 28. Section 20 of the Act is replaced by the following provision:
"Art. 20. No one can enter into a valid maritime undertaking if he is free from any other maritime undertaking.
The officers responsible for the control of navigation designated for this purpose or the consul shall verify these conditions before enrolling. "
Art. 29. In sections 21 and 22 of the Act, the words "the maritime commissioner" are replaced by the words "the shipping control officers designated for this purpose" and, in section 21, paragraph 3, the words "may dispense" are replaced by the words "may dispense".
Art. 30. In section 24 of the Act, paragraphs 3 and 4 are replaced by the following:
"The officers responsible for the control of navigation designated for this purpose remain alien to these operations, but they apply to the contract after they have ascertained that the sailor is aware of the terms of the contract.
The visa is refused when the contract contains provisions contrary to the legal and regulatory provisions. "
Art. 31. In articles 25, paragraph 2, and 28, paragraph 1^erin the same law, the words "of the maritime commissioner" and the words "the maritime commissioner" are replaced by the words "of the shipping control officers designated for this purpose" and the words "the shipping control officers designated for this purpose".
Art. 32. In section 42, paragraph 3, of the Act, the words "The Maritime Commissioner or the Fixed Consul" are replaced by the words "The Navigation Control Officers designated for that purpose or the Consul shall establish".
Art. 33. In section 45 of the Act, the following amendments are made:
(a) in paragraph 1^er, the words "the maritime commissioner" are replaced by the words "the shipping control officers designated for this purpose";
(b) in paragraph 2, the words "to the Maritime Commissioner" are replaced by the words "to the shipping control officers designated for this purpose";
(c) in paragraph 3, the words "The Maritime Commissioner" are replaced by the words "The Navigation Control Officers designated for this purpose" and the word "open" and replaced by the word "open".
Art. 34. In sections 63, paragraph 2, replaced by the Decree-Law of 16 December 1943, 67, paragraph 1^er, 69, 70 , 77 and 93 of the Act, the words "of the Maritime Commissioner" are replaced each time by the words "of the Navigation Control Officers designated for this purpose" and in section 67, paragraph 1^er, the words "of this" are replaced by the words "of these".
Art. 35. In section 94, paragraph 2, of the Act, the words "the maritime commissioner or consul may" are replaced by the words "the officers responsible for the control of navigation designated for that purpose or the consul may".
Art. 36. In section 5 of the Act of June 5, 1928 revising the Disciplinary and Penal Code for Merchant Marine and Maritime Fisheries, the words "of the Maritime Commissioner" are replaced by the words "of the authority of the federal water police."
Art. 37. In section 30 of the Act, as amended by the Act of October 21, 1997, the words "a maritime commissioner" are replaced by the words "an officer responsible for the control of navigation, the authority of the federal police force responsible for the water police".
Art. 38. In sections 45, 45bis and 46 of the Act, respectively replaced, inserted and replaced by the Act of September 13, 1974, the words "the Maritime Commissioner" and "the Maritime Commissioner" are replaced each time, respectively, by the words "the authority of the federal water police force" or "the authority of the federal water police force".
Art. 39. In section 55 of the Act, the words "Marine Commissioners" are replaced by the words "shipping officers designated for this purpose and federal police personnel assigned to the water police."
Art. 40. In section 71, 1°, of the same Act, the words "To Maritime Commissioners" are replaced by the words "To Navigation Control Officers designated for this purpose".
Art. 41. In section 72 of the Act, as amended by the Act of 21 October 1997, the following amendments are made:
(a) in paragraph 1^er, 1° and 3°, the words "to the marine commissioner" are replaced each time by the words "to the navigation control officers designated for this purpose";
(b) in paragraph 1^er, 3°, the words "and, in the meantime, the first port where the ship will release to the consul" are replaced by the words "or to the consul if the first port of release is a foreign port";
(c) in paragraph 2, the words "Maritime Commissioners" are replaced by the words "Maritime Control Officers designated for this purpose".
Art. 42. Article 78, paragraph 1^er, from the same law, as amended by the law of October 21, 1997, the words "who shall immediately inform the Crown's prosecutor" are deleted.
Art. 43. In section 79 of the Act, the words "to the Maritime Commissioner" are replaced by the words "to the authority of the federal water police force."
Art. 44. In section 80 of the Act, as amended by the Act of October 21, 1997, the words "of the Maritime Commissioner at the latest" are replaced by the words "of the water police authority, at the latest" and the words "of the Maritime Commissioner or Consul of the First Port" are replaced by the words "of the water police authority of the first Belgian port or the consul of the first foreign port".
Art. 45. In article 81, paragraph 1^erin the same Act, as amended by the Act of 21 October 1997, the words "Marine Commissioners" are replaced by the words "Federal Police Heads responsible for the Water Police".
Art. 46. Section 82 of the Act, as amended by the Act of 21 October 1997, is replaced by the following provision:
"Art. 82. In the absence of a report prepared by the master, the authority responsible for the water police, the consul or the competent officer, acting on his or her own motion or on denunciation, shall conduct a summary preliminary investigation and shall transmit his report as soon as possible to the competent King's prosecutor. "
Art. 47. In section 83, paragraphs 1^er and 2, of the same law, the words "Marine Commissioners" are replaced by the words "The Federal Police Authority responsible for the Water Police".
Art. 48. In section 85, paragraph 1^er, of the same law, as amended by the Royal Decree of 19 May 1995, the words "marine commissioners" are replaced by the words "shipping officers who are designated for this purpose".
Art. 49. In section 86 of the Act, as amended by the Act of October 21, 1997, the following amendments are made:
(a) in the first sentence of paragraph 1^er and in paragraph 2, the words "to the Maritime Commissioner" are replaced by the words "to the Navigation Control Officers who are designated for this purpose";
(b) the second sentence of paragraph 1^er is replaced by the following provision:
"These officers will verify this account; They will approve or reduce it if necessary. » .
Art. 50. In section 2, paragraph 4, of the Act of 23 September 1931 on the Recruitment of Maritime Fishing Personnel, replaced by the Act of 21 March 1995, the words "at the Maritime Police" are replaced by the words "at the Navigation Control Service".
Art. 51. In section 4 of the Act, the words "The Maritime Commissioner refuses" are replaced by the words "The Navigation Control Officers who are designated for this purpose refuse".
Art. 52. In section 6 of the Act, as amended by the Act of 13 August 1990, the words "of the Maritime Commissioner" are replaced by the words "of the shipping control officers who are designated for this purpose".
Art. 53. In section 7 of the Act, as amended by the Act of 13 August 1990, the words "Marine Commissioners" are replaced by the words "The Navigation Control Officers who are designated for this purpose".
Art. 54. In article 14, paragraph 4, of the Act of 5 May 1936 establishing the status of port captains, the words "sea commissioners" are replaced by the words "shipping officers".
Art. 55. Article 2 of the Act of 12 April 1957 authorizing the King to prescribe measures for the conservation of the biological resources of the sea, the words "Marine Commissioners and their agents" are deleted.
Art. 56. Section 576, paragraph 2, 1°, of the Judicial Code is replaced by the following provision:
"1° of navigation control officers; "
Art. 57. The following amendments are made to section 1471 of the Code:
(a) in paragraph 2, the words "to the Maritime Commissioner" are replaced by the words "to the federal water police authority";
(b) in paragraph 3, the words "of a marine commissioner or" are deleted.
Art. 58. The following amendments are made to section 82 of the Industrial Accidents Act of 10 April 1971:
(a) in paragraphs 3, 4 and 7, the words "the Maritime Commissioner" are replaced by the words "the authority of the federal water police";
(b) in paragraph 5, the words "Marine Commissioners" are replaced by the words "Federal Police Authorities Responsible for the Water Police";
(c) the item is supplemented by the following paragraph:
"After an accident was found on board the ships, the federal water police authority promptly forwards a report on the accident to the navigation control service. "
Art. 59. Section 3 of the Ship Safety Act of 5 June 1972 is amended as follows:
(a) the words "the District Chief of the Marine Inspection Service" are replaced each time by the words "the Navigation Control Officers designated for this purpose";
(b) in §1^er, 1°, paragraph 4, the word "determines" is replaced by the word "determines".
Art. 60. Article 4, paragraph 1^erthe following amendments are made:
(a) at 2°, the words "District Chiefs of the Maritime Inspection Service" are replaced by the words "the Navigation Control Officers designated for this purpose";
(b) at 3°, the words "district chiefs" are replaced by the words "navigation control officers".
Art. 61. The following amendments are made to section 5 of the Act:
(a) in § 1^erParagraph 1^er, the words "sea inspection service" are replaced by the words "navigation control service";
(b) in § 3, paragraph 1^er, the words "the District Chief of the Marine Inspection Service" are replaced by the words "the shipping control officers designated for this purpose".
Art. 62. The following amendments are made to section 6 of the Act:
(a) in § 1^erParagraphs 1^er and 2, the words "sea inspection service" are replaced by the words "navigation control service";
(b) in § 3, the words "to the District Chief of the Maritime Inspection Service. This may be replaced by the words "to the shipping control officers designated for this purpose. These agents can."
Art. 63. In Article 7, § 2, of the Act, the words "the district chief of the marine inspection service determines" are replaced by the words "the officers responsible for the control of navigation designated for this purpose determine".
Art. 64. The following amendments are made to section 8 of the Act:
(a) in § 1^erParagraph 1^er, the words "the District Chief of the Marine Inspection Service" are replaced by the words "the shipping control officers designated for this purpose";
(b) in § 2, paragraph 1^er, the words "the district chief of the marine inspection department or his representative" are replaced by the words "the shipping control officers designated for this purpose", the words "When the district chief is of opinion" are replaced by the words "When these officers are of opinion" and the words "he delivers" are replaced by the words "they deliver";
(c) in § 3, the words "to the Chief District of the Maritime Inspection Service" are replaced by the words "to the Navigation Control Officers designated for this purpose".
Art. 65. The following amendments are made to Article 10, § 3, of the Act:
(a) in paragraph 1^er, the words "sea inspection service" are replaced by the words "navigation control service";
(b) in paragraph 3, the words "the District Chief of the Marine Inspection Service may" are replaced by the words "the Navigation Control Officers designated for this purpose may" and the word "he" is replaced by the word "they".
Art. 66. The following amendments are made to section 11 of the Act:
(a) in § 1^erParagraph 1^er, and in paragraphs 2 and 3, the words "The Maritime Inspection Service" are replaced by the words "The Navigation Control Service";
(b) in § 4, paragraph 1^er, the words "of maritime commissioners and" and the words "as well as the powers of maritime commissioners to control the number of onboard passengers and the freeboard of ships" are deleted;
(c) in § 4, paragraph 2, the words "Marine Inspection Service" are replaced by the words " Navigation Control Service".
Art. 67. The following amendments are made to section 12 of the Act:
(a) in § 1^er, 1°, the words "sea inspection service" are replaced by the words "navigation control service";
(b) in § 3, the words "to the District Chief of the Marine Inspection Service" are replaced by the words "to the Navigation Control Officers designated for this purpose".
Art. 68. In Article 13, § 1^erParagraph 1^er, in the same law, the words "sea inspection service" are replaced by the words "navigation control service".
Art. 69. Article 14, § 1^erthe following amendments are made:
(a) in subparagraphs 1^er and 3, the words "The District Chief of the Marine Inspection Service or its delegate a" are replaced by the words "The Navigation Control Officers designated for this purpose have";
(b) in paragraph 2, the words "the district chief of the marine inspection department or his delegate may" are replaced by the words "the shipping control officers designated for this purpose may";
(c) in paragraph 4, the words "the Chief of the Maritime Inspection Service or its delegate shall not exercise" are replaced by the words "the officers responsible for the control of navigation designated for that purpose shall not exercise";
(d) in paragraph 6, the words "of the Chief of the Maritime Inspection Service or its delegate" are replaced by the words "of the shipping control officers designated for this purpose";
(e) in paragraph 7, the words "to the Maritime Commissioner who makes an arrest or release of the vessel or vessel" are replaced by the words "to the officers responsible for the control of the navigation designated for that purpose, who proceed with the cessation or release of the vessel or vessel".
Art. 70. In article 16, paragraph 1^er, in the same Act, the words "to the Chief District of the Marine Inspection Service" are replaced by the words "to the Navigation Control Officers designated for this purpose".
Art. 71. In section 17 of the Act, the words "Marine Inspection Service" are replaced by the words " Navigation Control Service".
Art. 72. In article 27, paragraph 1^erin the same law, the words "Marine Commissioners and others" are deleted and the words "Marine Inspection Service" are replaced by the words "shipping Control Service".
Art. 73. In articles 28, paragraph 1^er, and 31 of the same law, the words "sea inspection service" are replaced by the words "navigation control service".
Art. 74. Article 13 of the Act of 20 July 1976 approving and implementing the International Convention on Civil Liability for Oil Pollution Damage and the Annex, made in Brussels on 29 November 1969, is amended as follows:
(a) in paragraph 1^er, the words "the Maritime Commissioner may, if any, have a copy of the minutes addressed to him" are replaced by the words "the officers responsible for the control of navigation designated for that purpose or the federal police officers responsible for the water police may, if any, have a copy of the minutes addressed to them";
(b) Paragraph 2, replaced by the Act of 11 April 1989, is replaced by the following paragraph:
"They can only lift this measure if all the obligations resulting from the Convention and national legislation have been met and, in addition, a bank guarantee, which they consider sufficient, is provided for an amount equal to the maximum fine provided for in Article 7. "
Art. 75. Section 14, 1°, of the Act, is replaced by the following provision:
"1° the officers responsible for the control of navigation designated for this purpose and the federal police officers responsible for the water police; "
Art. 76. Article 4, paragraph 1^er, of the Act of 10 October 1978 establishing a fishing area of Belgium, replaced by the Act of 30 June 1983, the words "Marine Commissioners and their agents, as well as" are replaced by the words "Federal Police Officers Responsible for the Water Police and".
Art. 77. Sections 3, 4, 5, 6, 7, 8, 9 and 10 of the Act of 12 July 1983 on the gauge of ships, the words "service of the gauges" are replaced each time by the words "service responsible for the control of navigation".
Art. 78. Section 11 of the Act is repealed.
Art. 79. In sections 12 and 13 of the Act, the words "service of gauges" are replaced each time by the words "service responsible for the control of navigation".
Art. 80. Section 14 of the Act is replaced by the following provision:
“Art. 14 § 1^er. The officers responsible for the control of navigation designated for this purpose shall find the offences under this Act and the enforcement orders thereof.
The Federal Police is responsible for investigating and detecting offences under the provisions of this Act and enforcement orders.
Belgian consular officials have the same skills for Belgian flag vessels. For this purpose, they draw up a record which is believed to the contrary.
§ 2. Any vessel that is found to be in contravention of the requirements of this Act or its enforcement orders may be retained by the designated Navigation Control Officers. They decide to release the vessel as soon as it is satisfied with the requirements. "
Art. 81. In sections 15, 16, 18 and 20 of the same law, the words "service of gauges" are replaced each time by the words "service responsible for the control of navigation".
Art. 82. In Article 9 of the Act of 20 December 1984 approving the Convention on the Prevention of Pollution from Seas resulting from the disposal of waste, annexes, additive and appendix, made in London, Mexico City, Moscow and Washington on 29 December 1972 and amended in London on 12 October 1978, on 1^er December 1978 and 1^er December 1980, the words "the Maritime Commissioner" were replaced by the words "the authority of the federal water police force."
Art. 83. In section 14, § 2, of the Act of December 21, 1990 on the Registration of Ships, the words "the Maritime Commissioner" are replaced by the words "the officers responsible for the control of navigation designated for this purpose".
Art. 84. In section 7 of the Act of 6 April 1995 on the Prevention of Marine Pollution by Ships, as amended by the Act of 20 January 1999, the words "Marine Inspection Service" are replaced each time by the words " Navigation Control Service".
Art. 85. In section 8 of the Act, the words "the District Chief of the Maritime Inspection Service" are replaced each time by the words "the Navigation Control Officers designated for this purpose" and, in paragraph 2, the words "or its delegate" are deleted.
Art. 86. The following amendments are made to section 13 of the Act:
(a) in paragraph 1^er, the words "sea inspection service" are replaced by the words "navigation control service";
(b) in paragraph 2, the words "Marine Inspection Officers and Navigation Police Officers" are replaced by the words "The Navigation Control Officers designated for this purpose";
(c) in paragraph 3, the words "Subject to the powers granted by or under this Act and its enforcement orders to officials of the Marine Inspection Service, Maritime Commissioners and Naval Police officers are competent to control", are replaced by the words "The officers responsible for the control of navigation designated for this purpose and the officials of the Federal Police for the Water Police are competent to control".
Art. 87. In section 17 of the Act, the words "Marine Inspection Service" are replaced by the words " Navigation Control Service".
Art. 88. In section 17bis of the same Act, inserted by the Act of 20 January 1999, the words "Marine Commissioners" are replaced by the words "Federal Navigation Control Officers designated for this purpose" and the words "Marine Police Officers" are replaced by the words "Federal Water Police Officers".
Art. 89. In section 19 of the Act, the words "The district chief of the marine inspection department or his delegate has the right to retain a Belgian flag vessel" are replaced by the words "The officers responsible for the control of navigation designated for this purpose and the authority of the federal water police force have the right to retain a Belgian flag vessel" and the words "if it notices" are replaced by the words ".
Art. 90. In section 20 of the Act, as amended by the Act of 20 January 1999, the following amendments are made:
(a) in paragraph 1^er, the words "The district chief of the marine inspection department or his delegate has the right to retain a ship flying a foreign flag and in a Belgian port" are replaced by the words "The shipping control officers designated for this purpose have the right to retain a ship flying a foreign flag and located in a Belgian port";
(b) in paragraph 2, the words "The Chief of the Maritime Inspection Service or its delegate a" are replaced by the words "The Navigation Control Officers designated for this purpose have";
(c) in paragraph 3, the words "the district chief or his or her delegate shall not exercise" shall be replaced by the words "the navigation control officers designated for that purpose shall not exercise".
Art. 91. Section 21 of the Act is replaced by the following provision:
“Art. 21. The vessel is released as soon as the designated navigation control officers or the federal water police authority determines that the requirements are met. "
Art. 92. Section 22 of the Act is repealed.
Art. 93. In section 23 of the Act, the words "the district chief of the Maritime Inspection Service may" are replaced by the words "the shipping control officers designated for this purpose may" and the words "if it notices" are replaced by the words "if they notice".
Art. 94. Article 24, paragraph 1^er, in the same Act, the words "District Chiefs of the Maritime Inspection Service" are replaced by the words "Parking Control Officers designated for this purpose".
Art. 95. Articles 25, paragraph 1^erand 26, paragraph 1^er, of the same law, as amended by the Act of 20 January 1999, the words "Marine Inspection Service" are replaced by the words "shipping Control Service or the Federal Police responsible for the Water Police".
Art. 96. Article 31, paragraph 1^er, from the same law, replaced by the Act of 20 January 1999, the words "the Maritime Commissioner may" are replaced by the words "the officers responsible for the control of navigation designated for that purpose or the authority of the Federal Police for the Water Police may".
Art. 97. In section 2, 12°, of the Act of 20 January 1999 concerning the protection of the marine environment in the marine areas under the jurisdiction of Belgium, the words "any marine commissioner, any officer of the marine police" are replaced by the words "any officer in charge of the control of navigation designated for that purpose, any officer of the federal police in charge of the water police".
Art. 98. Section 43, 1°, of the Act is replaced by the following provision:
" 1st Federal Water Police Officers and Navigation Control Officers designated for this purpose; "
Art. 99. In section 59 of the Act of 21 April 1999 concerning the exclusive economic zone of Belgium in the North Sea, the words "Marine Commissioners and Marine Police Officers and Officials" are replaced by the words "Federal Police Officers and Navigation Control Officers designated for this purpose".
Section 4. - Abrogatory provisions
Art. 100. Are repealed:
1° the Act of 27 September 1842 on the Navigation Police, amended by the laws of 5 May 1936 and 20 January 1999;
2° the law of 14 December 1876 regulating the transport of emigrants;
3° the Act of 27 March 1882 containing criminal provisions against the manufacture, sale, boarding, use of gear used to cut or destroy, at sea, the fishing nets;
4° the law of 2 June 1890 concerning the suppression of contraventions of the Convention of 16 November 1887 concerning the trafficking of spirits in the North Sea;
5° the Act of 4 September 1891 on the suppression of offences under the provisions of the International Convention of 6 May 1882, on fishing in the North Sea, and offences under Article 4 of the declaration signed on 2 May 1891 between Belgium and Great Britain.
Section 5. - Transitional provision
Art. 101. The powers granted to the federal police by this chapter are exercised by the gendarmerie until the date of entry into force of section 253 of the Act of 7 December 1998 organizing an integrated, two-tiered police service.
Section 6. - Final provision
Art. 102. The King is responsible for amending or repealing existing Royal Decrees relating to the Maritime Police in order to bring them into line with the provisions of this Act.
CHAPTER IV. - Distribution of skills following the integration of the railway police into the federal police
Art. 103. Title II of the Act of 25 July 1891 revising the Act of 15 April 1843 on the railway police is replaced by the following title:
« Title II Compliance with railway regulations ».
Art. 104. Section 10 of the Act, as amended by the Act of 5 August 1992, is replaced by the following provision:
“Art. 10. Without prejudice to the competence of the officers of the police services, the statutory agents of the Belgian National Railways Corporation, excluding those who are part of the internal guarding service, and the officials of the competent administration for the rail transport, appointed by the King and sworn for that purpose, are responsible for ensuring compliance with this Act and the law of 12 April 1835 concerning the tolls and regulations of the railways.
They note the breaches of the provisions of the above-mentioned laws and their enforcement orders, by minutes of evidence to the contrary.
They shall promptly transmit the minutes to the competent King's Prosecutor.
They immediately inform the competent police department of any other offence that they learn about in the exercise of their powers. "
Art. 105. Section 11 of the Act, as amended by the Act of 5 August 1992, is replaced by the following provision:
“Art. 11. The agents referred to in Article 10 may, within the framework of their competence referred to in Article 10, carry out identity checks in the cases and in accordance with the procedure provided for in Article 34, § 1^er and § 4, paragraphs 1^er and 3 of the Police Service Act of 5 August 1992. "
Art. 106. Section 12 of the Act, as amended by the Act of 5 August 1992, is replaced by the following provision:
“Art. 12. Travellers and the public in general are required, at stations, on docks, in trains and along the tracks, to comply with the instructions of SNCB agents, which are easily recognizable in this capacity by their uniform or otherwise, when these instructions are intended to prevent dangerous situations, accidents or accidents of persons for themselves or others. » .
Art. 107. Sections 13, 14 and 15 of the Act, as amended by the Act of 5 August 1992, are repealed.
CHAPTER V. - Entry into force
Art. 108. Chapter II of this Act comes into force on 1^er March 1999, chapter III, 1^er April 1999 and chapter IV, 1^er June 1999.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 3 May 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 of National Defence, responsible for Energy,
J.-P. PONCELET
Deputy Prime Minister and Minister of Budget,
H. VAN ROMPUY
Minister of Public Health and Pensions,
Mr. COLLA
Minister of Foreign Affairs,
E. DERYCKE
The Minister of Employment and Labour, responsible for the Policy on Equal Opportunities between Men and Women,
Ms. M. SMET
The Minister of Social Affairs,
Ms. M. DE GALAN
Minister of Agriculture and Small and Medium Enterprises,
K. PINXTEN
Minister of Transport,
Mr. DAERDEN
Minister of Public Service,
A. FLAHAUT
Minister of Justice,
T. VAN PARYS
Minister of Finance,
J.-J. VISEUR
The Secretary of State for Security, Social Integration and the Environment,
J. PEETERS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) 1998-1999 session:
House of Representatives.
Parliamentary documents. - Bill submitted by Mr. Vanvelthoven et al., No. 2045/1. - Amendments, no. 2045/2. - Report, no. 2045/3. - Text adopted by the commission, no. 2045/4. - Text adopted in plenary and transmitted to the Senate, no. 2045/5.
Annales parlementaire : 31 mars et 1^er April 1999.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-1353/1. - Report, no. 1-1353/2. - Text adopted by the commission, no. 1-1353/3. - Decision not to amend, No. 1-1353/4.
Annales parlementaire : 21 et 22 avril 1999.