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20 JANVIER 1999. - Law for the protection of the marine environment in the marine areas under Belgian jurisdiction

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER I. - Definitions
Art. 2. For the purposes of this Act:
1° "sea space": the territorial sea, the exclusive economic zone and the continental shelf, referred to in the Act of 13 June 1969 on the continental shelf of Belgium;
2° "Marine environment": the abiotic environment of marine spaces and biota, including the fauna, flora and marine habitats they occupy, as well as the ecological processes at work in this environment and the interactions between abiotic and biotic components;
3° "protection": all necessary measures for the conservation, development, recovery and sustainable management of the marine environment, as well as the necessary measures to conserve and restore the quality of the marine environment, excluding measures relating to the prevention and reduction of pollution that must be taken at the point or diffuse sources located on the farmland;
4° "Marine habitat": an area at sea distinguished by its specific geographical, abiotic and biotic characteristics, whether entirely natural or semi-natural;
5° "pollution": the direct or indirect introduction, by man, of substances or energy in the marine areas, where it has or, in any likelihood, may have harmful effects such as damage to the biological resources of the sea and marine ecosystems, risks to human health, obstructions to marine activities, including fishing and other legitimate uses of the sea, alteration of the quality of the sea
6° "damage": any damage, loss or wrong, suffered by an identifiable natural or legal person, resulting from an impairment to the marine environment, regardless of the cause of that person;
7° "environmental disturbance": a negative influence on the marine environment as long as it does not constitute damage;
8° "ship": any vessel operating in a marine environment, of any type or dimension, including hydropters, aerogliders, submersible equipment, floating equipment and fixed or floating platforms;
9° "Trafficking Organization System": any measure relating to marine navigation intended to improve navigation, increase traffic safety or protect the marine environment, excluding the piloting of ships;
10° "navigation accident": collision or failure of vessels or any other navigation incident on board or outside a vessel that may result in environmental damage or disruption;
11° "ship owner": the owner, charterer, manager or operator of a vessel;
12° "authority having jurisdiction at sea": any marine commissioner, any officer of the marine police, any commander of the patrolling buildings, any officer or officer of the Management Unit of the Mathematical Model of the North Sea, any officer or non-commissioned officer of the Navy appointed to that effect by his hierarchy and any sworn officer designated by the Minister;
13° "offshore activities": activities in marine areas for the exploration, assessment or exploitation of liquid or gaseous hydrocarbons;
14° "offshore installation": any artificial structure, installation or vessel, or part thereof, floating or fixed on the bottom of the sea, and placed in the marine areas for offshore activities;
15° "immersion" :
(i) the deliberate release of waste or other material into the sea from offshore vessels, aircraft or installations;
(ii) deliberate collision or abandonment at sea of ships, aircraft, offshore installations or pipelines;
(iii) the abandonment at sea of offshore installations or other artificial structures, entirely or partially in situ, with the precise intention of undoing them;
The term "immersion" does not include:
(i) the action, referred to in the MARPOL Convention or other applicable rules of international law, to dispose of waste or other material related to or from the normal operation of offshore vessels, aircraft or installations;
(ii) the deposit of materials for purposes other than their simple disposal, provided that such deposit does not contravene the purposes of this Act;
16° "incineration": any deliberate combustion of waste or other materials at sea for the purpose of their thermal destruction;
The term "incineration" does not apply to the thermal destruction of waste or other material, in accordance with applicable international law, produced directly or indirectly during normal operation of offshore vessels, aircraft or installations;
17° "direct releases":
(i) releases by which substances, energy, objects or polluted waters reach the marine areas directly from the coast and not from the hydrographic network or atmosphere;
(ii) releases from any source associated with deliberate disposal in the marine basement, made accessible from the earth by tunnels, pipelines or any other means;
(iii) releases from artificial structures placed in marine areas for purposes other than offshore activities;
18° "Paris Convention": the Convention for the Protection of the Marine Environment of the North-East Atlantic, made in Paris on 22 September 1992 and approved by the law of 11 May 1995;
19° MARPOL Convention: The 1973 International Convention for the Prevention of Pollution from Ships and Annexes, made in London on 2 November 1973, and the 1978 Protocol on the 1973 International Convention for the Prevention of Pollution from Ships and Annex, made in London on 17 February 1978, approved by the Act of 17 January 1984;
20° "the minister": the minister or secretary of state who has the protection of the marine environment in his powers.
CHAPTER II. - General objectives and principles
Art. 3. This Act aims to safeguard the specificity, biodiversity and integrity of the marine environment by means of measures to protect this environment and by means of measures to repair environmental damage and disruption.
Art. 4. § 1^er. When carrying out activities in the marine areas, users of these spaces and public authorities must take into account the principle of prevention, the precautionary principle, the principle of sustainable management, the principle of polluter pays and the principle of reparation.
§ 2. The principle of prevention implies that it is necessary to act in order to prevent damage rather than to have to repair this damage afterwards.
§ 3. The precautionary principle means that precautionary measures must be taken when there are reasonable grounds to worry about pollution of the marine areas, even if there is no conclusive evidence of a causal link between the introduction of substances, energy or materials in the marine areas and harmful effects.
§ 4. The application of the principle of sustainable management in marine spaces implies that natural resources are kept to a sufficient extent at the disposal of future generations and that the effects of human interventions do not exceed the capacity of absorption of the marine environment. To this end, the ecosystems and ecological processes necessary for the proper functioning of the marine environment will be protected, biodiversity will be preserved and nature conservation will be stimulated.
§ 5. The polluter pays principle implies that the costs of pollution prevention, reduction and control and damage repair costs are borne by the polluter.
§ 6. The principle of reparation implies that in the event of damage or environmental disturbance in the marine areas, the marine environment is restored to the extent possible in its original state.
Art. 5. Any person engaged in activities in the marine environment has an obligation to take due diligence in order to avoid any damage and environmental disturbance. In particular, the shipowner is obliged to take all necessary precautions to prevent and limit pollution.
CHAPTER III. - Marine protected areas
and Protection of Species
Section 1. - General provision
Art. 6. The King may take, with respect to marine spaces, all necessary measures to fulfil the obligations resulting from the following international guidelines and conventions:
(i) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds;
(ii) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and wildlife;
(iii) the Convention on Wetlands of International Importance Particularly as Waterfowl Habitat, made at Ramsar on 2 February 1971 and approved by the Act of 22 February 1979;
(iv) the Convention on the Conservation of Wildlife and Natural Environment of Europe, made in Bern on 19 September 1979 and approved by the Act of 20 April 1989;
(v) the Convention on the Conservation of Migratory Species of Wild Fauna, made in Bonn on 23 June 1979 and approved by the Act of 27 April 1990 and the Agreements entered into pursuant to Article 4, paragraph 3, of the Convention;
(vi) the Convention on Biological Diversity, made in Rio de Janeiro on 5 June 1992 and approved by the Law of 11 May 1995.
Section 2. - Marine protected areas
Art. 7. § 1^er. In the marine areas, the King may create marine protected areas and, in accordance with the provisions of this section, take the necessary measures to protect them.
§ 2. Marine protected areas may be:
(a) integral marine reserves created to allow natural phenomena to evolve according to their laws;
(b) marine reserves, that appropriate management tends to maintain in their condition or restore in the state to which the destinies function ecologically;
(c) special protection areas or special conservation areas to safeguard certain marine habitats or particular species;
(d) areas closed to certain activities throughout the year or part of the year;
(e) buffer zones, designated to complement the protection of marine protected areas, in which restrictions on activities are less stringent than on marine reserves.
§ 3. The King shall take the necessary measures to ensure that marine protected areas are clearly delineated and, where appropriate, indicated on marine charts and to ensure that the public is informed of the restrictions in force therein.
§ 4. The measures referred to in § 1^er does not apply to military activities. However, the military authority, in consultation with the minister, is working to avoid any environmental damage and disruption, without prejudice to the implementation and condition of the armed forces.
Art. 8. In all marine reserves and all activities are prohibited except for the following activities:
(i) Monitoring and control;
(ii) monitoring and scientific research carried out by, on behalf of or with the agreement of the authority;
(iii) navigation, unless restricted under section 20 of this Act;
(iv) professional fishing, unless it is restricted or prohibited by the King on the joint proposal of the Minister and the Minister who has Agriculture in his or her powers;
(v) on the marine reserves under management, the measures taken under section 9 of this Act;
(vi) military activities, without prejudice to the provisions of Article 7, § 4, second sentence.
Art. 9. § 1^er. For the guided marine reserves, the King shall take, in accordance with the ecological requirements of the marine reserves, specific measures for the management, conservation, restoration or development of nature, as well as measures for education in nature.
§ 2. It consists of a management commission, whose composition is fixed by the King for the management of guided reserves. This commission is responsible for the implementation of management and conservation measures, and may also make recommendations to the Minister.
Section 3. - Protection of species in marine areas
Art. 10. § 1^er. The King establishes a list of species protected in marine areas. The wild populations of these species and their specimens are subject to a strict protection regime prohibiting:
(i) any intentional action to capture, injure or kill animals, subject to specific cases referred to in section 14;
(ii) the intentional disturbance of animals, particularly during periods of reproduction, youth dependency, hibernation and migration;
(iii) the deterioration or destruction of breeding sites of animals or rest areas;
(iv) the intentional collection, collection, cutting, rooting or destruction of plants;
(v) detention and transport, except in the cases referred to in Article 14 and in the cases referred to in the Act of 28 July 1981 approving the Washington Convention of 3 March 1973 on the International Trade in Endangered Species of Wild Fauna and Flora and Regulations (EC) No 338/97 of the Council of the European Union of 9 December 1996 on the Protection of Wildlife and Wildlife Species by Control
(vi) trade or exchange and offer for the purposes of sale or exchange, except the provisions of the Act of 28 July 1981 approving the Washington Convention of 3 March 1973 on the International Trade in Endangered Species of Wild Fauna and Flora and Regulations (EC) No 338/97 of the Council of the European Union of 9 December 1996 relating to the protection of wildlife species by the control of their wildlife by the Council of 9 December 1996.
§ 2. The King may, in exceptional cases only, grant an exemption to the prohibitions of § 1^er for the needs of public health, scientific research, education, repopulation or reintroduction of these species. The King determines how these exemptions must be requested and can be granted. The application must be motivated and the exemption can only be granted after favourable scientific advice from scientific institutions specializing in the conservation of nature.
Art. 11. § 1^er. The intentional introduction of non-native organisms into the marine areas is prohibited unless it is authorized by the King. This authorization can only be granted after the analysis of the consequences of the introduction into the marine environment of these organisms on biota and indigenous communities as well as the risks of dispersion in adjacent areas. The introduction of these organisms cannot have influences on local biota.
The King determines how the authorization must be requested and can be granted.
§ 2. The King may prohibit the unintentional introduction of non-native organisms into the marine areas by ship's ballast waters.
§ 3. Where the protection of the native biota requires the King, after the advice of the competent scientific institution, may take any action to combat or eliminate non-native organisms that have been introduced into the marine spaces involuntary or in violation of this Act.
§ 4. The deliberate introduction of genetically modified organisms, whether native or non-native, into marine areas, is prohibited.
Art. 12. § 1^er. The hunting of birds and marine mammals is prohibited in marine areas.
§ 2. The King may, on the joint proposal of the Minister and the Minister who has Agriculture in his or her powers, take measures to restrict sport fishing in the marine areas.
Art. 13. Any uninjured living animal belonging to the groups of the Cetacea and Pinnipedia that was accidentally captured in the marine areas, especially as incidental catch, must immediately be released. The King introduces an obligation to notify the involuntary catch of marine mammals and establishes the notification procedure.
Art. 14. Injured or dead marine mammals that have been captured as bycatch and distressed marine mammals, injured, sick or dead, found in the marine areas or failed in the territorial sea, are taken over and benefit from measures established by the King to assist and treat these animals and submit them to scientific examinations.
CHAPTER IV. - Pollution prevention and reduction
and environmental disturbances
Art. 15. § 1^er. Incineration in marine spaces is prohibited.
§ 2. Incineration at sea, outside the sea, is also prohibited for Belgian nationals and ships flying Belgian flag or registered in Belgium.
Art. 16. § 1^er Immersion in marine spaces is prohibited.
§ 2. Disposal at sea, outside of the sea, is also prohibited for Belgian nationals, ships flying Belgian flag or registered in Belgium.
§ 3. The prohibition is not applicable to the immersion of:
(i) incinerated human body ashes;
(ii) unprocessed fish, fish waste and by-catch evacuated by fishing vessels;
(iii) dredging failure;
(iv) inert materials of natural origin, consisting of solid and non-chemically treated geological materials, whose chemical constituents do not release themselves into the marine environment.
Art. 17. Direct releases to marine areas are prohibited.
Art. 18. Without prejudice to the Agreement of Cooperation of 12 June 1990 between the Belgian State and the Flemish Region with the aim of protecting the North Sea from the negative effects on the environment of dredging debris spills in the waters falling under the application of the Oslo Convention, the immersion of dredging and inert materials of natural origin is subordinate to the granting of authorization. The King shall determine the terms and conditions of the pre-authorization application and the conditions under which the authorization may be obtained, suspended or withdrawn.
Art. 19. The King determines the specific rules relating to the normal exploitation of offshore activities.
CHAPTER V. - Pollution prevention and reduction
caused by ships
Section 1. - Traffic organization systems to prevent pollution and preserve marine protected areas
Art. 20. § 1^er. The King may, by deliberate decree in the Council of Ministers, impose specific systems for the organization of traffic in order to preserve marine protected areas of pollution risks.
§ 2. The establishment of marine protected areas in the territorial sea cannot prevent or restrict the exercise of the right of innocent passage of foreign vessels in the territorial sea.
§ 3. Marine protected areas that are wholly or partially established in the exclusive economic zone are communicated to the International Maritime Organization. Measures to protect these areas may only be imposed on foreign vessels after the agreement of the International Maritime Organization.
§ 4. Specific traffic organization systems may be imposed on certain categories of vessels, because of the inherently dangerous or harmful nature of the substances or materials they carry, provided these measures do not endanger the safety of these vessels. These systems can only be imposed after the agreement of the International Maritime Organization.
§ 5. Specific traffic organization systems cannot, in any case, result in the imposition of standards for the design, construction, crew or arming of vessels, which are more binding than internationally accepted standards within the International Maritime Organization.
§ 6. The specific traffic organization systems established under this Act do not apply to warships and auxiliary vessels, as they endanger the implementation and condition of the armed forces.
Section 2. - Navigation accidents,
the prevention of pollution and the intervention of the authority
having jurisdiction at sea
Art. 21. § 1^er. The master of a ship who is involved in a navigational accident in the marine areas must, as soon as possible, inform the body designated by the King, in accordance with the terms provided under section 11 of the Act of 6 April 1995 concerning the prevention of marine pollution by ships.
§ 2. The master is required to provide on the field all information relating to the accident and, upon request, all information concerning the accident measures already taken by the vessel.
§ 3. The obligation of information does not apply to war vessels, vessels used as auxiliary vessels and other vessels belonging to or operated by a State, which uses them exclusively for non-commercial purposes. For these vessels, internal regulations remain in place.
Art. 22. § 1^er. If the authority having jurisdiction at sea is of the opinion, in a navigational accident, that the measures taken by the master or owner of the vessel do not prevent, reduce only in insufficient ways or stop pollution or the risk of pollution, it may give instructions to the master, owner of the vessel or to those who provide assistance, in order to prevent, reduce or stop pollution or the risk of pollution caused by the vessel.
§ 2. The instructions given to the master or owner of the vessel may relate to:
(i) the presence of the vessel and the assets on board at a specified location or in a specified area;
(ii) the movement of the vessel and the goods on board;
(iii) the provision of assistance to the vessel.
§ 3. Instructions to those who provide assistance to the vessel may not imply the prohibition of the implementation of the agreed assistance or the continuation of the assistance initiated.
Art. 23. § 1^er. If the instructions given pursuant to section 22 of this Act fail to prevent, reduce to a sufficient degree or stop pollution caused by the accident, the authority may take any necessary action on its own motion to prevent, reduce or stop the harmful consequences of the accident.
These measures may include:
(i) investigate the situation on board the vessel and the nature and condition of the property on board;
(ii) to bring the vessel back to a port, if by this measure the harmful consequences may be better prevented, reduced or stopped.
§ 2. Measures must be proportional to the harmful or potentially harmful consequences of the navigational accident and cannot exceed what is reasonably necessary to avoid, reduce or stop these harmful consequences.
Art. 24. § 1^er. The authority may require that the owner of a ship, who is involved in a navigational accident involving the risks of pollution of the marine spaces, give bail to the Caisse de Dépots et Consignations, up to the maximum possible limits of liability, in accordance with international conventions and Belgian law.
§ 2. The designation of this sum may, without charge to the State, be replaced by the constitution of a bank guarantee granted by a bank established in Belgium or a guarantee signed by a "Protection and Indemnity Club" and declared admissible by the authority.
§ 3. The authority may retain the vessel in the event of a refusal of bail or the establishment of a bank guarantee.
§ 4. If the ship has sunk, the competent court may be required to seize other ships of the owner in the Belgian ports to compel the bail or the constitution of the bank guarantee until it is satisfied with the bond or guarantee.
CHAPTER VI. - Permits and Authorizations
Art. 25. § 1^er. In the marine areas, the activities listed below are subject to a permit or prior authorization granted by the Minister:
(i) Civil engineering;
(ii) excavation of trenches and enhancement of the bottom of the sea;
(iii) the use of high-power acoustic explosives and devices;
(iv) abandonment and destruction of sewage and casting cargo;
(v) industrial activities;
(vi) the activities of advertising and commercial enterprises.
§ 2. The King may, in order to meet the needs of the protection of the marine environment, submit to the permit or prior authorization of other activities in the marine areas as listed in § 1^er and § 3 below.
§ 3. The following activities are not subject to the permit or authorization referred to in this section:
(i) professional fishing;
(ii) marine scientific research;
(iii) navigation, except for activities referred to in § 1^er(iv)
(iv) activities covered by the Act of 13 June 1969 on the continental shelf of Belgium;
(v) non-profit individual activities;
(vi) the activities necessary for the exercise of the jurisdiction of the Flemish Region as defined in Article 6, § 1^erX, last paragraph of the special law of 8 August 1980 of institutional reforms.
Art. 26. The King shall determine the conditions and procedure for the granting, suspension and withdrawal of permits and authorizations referred to in Article 25.
It may also set additional rules on the control of the activities concerned.
Art. 27. By derogation from section 25, military activities may only be subject to a permit or authorization on a joint proposal by the Minister and the Minister who has the National Defence in his or her duties. In this case, the permit or authorization referred to in section 25 is issued jointly by the Minister and the Minister who has the National Defence in his or her powers.
CHAPTER VII. - Impact study and impact assessment
on the environment
Art. 28. § 1^er. any activity in the marine areas, subject to a permit or authorization, either under this Act and the orders made pursuant to it, or under other legal or regulatory provisions in force, except the permits issued on the basis of the fisheries legislation and the concessions granted on the basis of the law of June 13, 1969 on the continental shelf of Belgium, shall be the subject of an assessment of the environmental implications of the The environmental impact assessment is intended to assess the effects of these activities on the marine environment.
§ 2. Who wishes to undertake an activity referred to in § 1^er must attach to its application for a permit or authorization a study of impacts. This study is based on the applicant's initiative and costs in accordance with the rules established by the King.
§ 3. The competent authority to grant permits or authorizations referred to in § 1^er takes into account the results of the environmental impact assessment. The motivation of its decisions refers to these results.
§ 4. When several activities of the same nature are subject to separate permits or authorizations, the competent authority may conduct a single integrated environmental impact assessment. In this case, it takes into account, in its assessment, the overall impact on the environment of the activities and the interactions identified.
§ 5. Where multiple activities of the same nature are subject to separate permits or authorizations, the competent authority may authorize the applicant to conduct a single integrated impact study.
Art. 29. After licensing or authorization, activities are subject to ongoing monitoring programs and reviews of their environmental impact. These monitoring programs and ongoing reviews of environmental impacts are carried out by or on the order of the authority referred to in Article 28, § 1^er, referred to above and charged to the holder of permits or authorizations. If this study shows new harmful effects for the marine environment, permits or authorizations may be suspended or withdrawn in accordance with the applicable suspension or withdrawal regime.
Art. 30. § 1^er. The King sets out the rules relating to the procedure, content, conditions and form to which the impact studies and impact assessments referred to in this chapter must be conducted.
§ 2. The King shall charge the applicant for activities subject to a permit or authorization, a fee to cover the costs of the research under this chapter and administrative costs.
For military activities, subject to a permit or authorization under section 27, the King shall establish the rules relating to royalties on a joint proposal by the Minister and the Minister who has National Defence in his or her powers.
CHAPTER VIII. - Emergency protection measures
and Protection of the Marine Environment
Art. 31. § 1^er When a serious and imminent danger of nuisance, disturbance or damage to the marine environment threatens the marine environment, the authority having jurisdiction at sea may make, according to the terms it considers appropriate, the necessary requisition proposals. It shall immediately inform the competent ministers and the governor of the province in which the requisitions are carried out.
§ 2. The Governor shall take all necessary requisition measures, inform the Minister who has the Interior in his or her powers, and ensure that these measures are implemented in the field, if necessary, by resorting to the public force.
§ 3. The measures taken under § 2 shall cease their effects upon the expiration of a period of ten days if, in the course of the latter, they have not been confirmed by the Minister who has the Interior in his powers. They have the right to be heard beforehand.
§ 4. The requisition measures taken pursuant to this article shall be compensated in accordance with the terms fixed by the King.
Art. 32. § 1^er. The competent authority at sea shall, from the outset, take the necessary emergency measures to protect and safeguard the marine environment from the possible effects of pollution or to cope with a threat of pollution. She can use rescuers and experts.
§ 2. The Minister, the Minister who has the Interior in his or her powers, the Minister who has the Scientific Policy in his or her powers, the Minister who has the National Defence in his or her powers and the Minister who has the Maritime Navigation in his or her powers, jointly establish operational plans for intervention, prevention, safeguard, protection and fight to cope with pollution or a threat of marine pollution. In these plans is indicated the competent authority for the coordination of interventions.
§ 3. Where the authority having jurisdiction at sea testes the effectiveness of operational plans in actual exercises, the provisions of section 36 are, if applicable.
Art. 33. When the authority intervenes in the marine areas to prevent, reduce or combat pollution, it ensures that, directly or indirectly, the harm or risks of an area to another area and does not replace a type of pollution by another type of pollution.
Art. 34. The authority having jurisdiction at sea may accept the proposal of the pollution perpetrator to deploy its own means of intervention to deal with it or to reduce or prevent its effects. In this case, it authorizes the proposed intervention methods on a case-by-case basis. The authority having jurisdiction at sea remains responsible for coordinating the intervention at the scene and keeps the operations under surveillance. Its decision does not relieve the author of the pollution of his responsibilities in compensation for the costs of the damage caused.
Art. 35. Any natural or legal person who is the author of a pollution threatening or affecting the marine areas or an event that entails a significant risk of such pollution works with the authority to deal with it or to repair its damage. These persons comply with the instructions of the coordinating authority.
Art. 36. § 1^er. No chemical may be spilled or spilled at sea to combat pollution and no object may, after use, be abandoned without the authorization of the authority mandated by the Minister for that purpose. This authorization is given on a case-by-case basis and may be subject to conditions.
§ 2. To tackle hydrocarbon pollution, it is used primarily by mechanical means. The use of hydrocarbon dispersants or other chemicals can only be allowed if the consideration of the circumstances allows to judge that, compared to natural processes and other methods of control, chemical treatment will result in a global decrease in adverse effects that this pollution will have, according to forecasts, in the marine environment. In this case, the amount of dispersant or other product used must remain less than 20% of the volume of hydrocarbons to be processed and in no case may exceed 100 tonnes per pollution incident.
§ 3. In choosing the most appropriate means of struggle, the authority referred to in § 1^er takes into account the experience accumulated in this matter by international organizations and within the framework of treaties.
§ 4. The authority responsible for the coordination of the intervention at the scene of a pollution ensures compliance with the provisions of § 1^er.
CHAPTER IX. - Compensation
and Environmental Disruption
Art. 37. § 1^er. Any damage and environmental disturbance that affects marine spaces as a result of an accident or violation of the legislation in force results in the author's obligation to repair it, even if he has not committed any fault.
§ 2. The author of damage or environmental disturbance is not liable in accordance with § 1^er if it proves that environmental damage or disturbance:
1° results only from war, civil war, terrorism or a natural phenomenon of exceptional, inevitable and irresistible character; or
2° is wholly the result that a third party has deliberately acted or omitted to act in the intention of causing environmental damage or disturbance and provided that the third party concerned is a representative, officer or agent of the person responsible; or
3° is wholly the result of the negligence or other detrimental action of an authority, responsible for the maintenance of lights or other aids to navigation in the performance of its functions.
§ 3. The right to compensation for damage is acquired by the private or legal person who has suffered harm. The right to repair an environmental disturbance is acquired by the State.
§ 4. This article does not infringe on the right of the person who is pollution to limit liability in the cases and under the conditions provided for in the legislation in force.
§ 5. The costs of compensation for damage or environmental disturbance, taken by persons other than the perpetrator of the damage or environmental disturbance in order to rehabilitate the components of the marine environment or to replace them with equivalent components, shall be reimbursed by the perpetrator of the damage or environmental disturbance, provided that the costs of such measures are not unreasonable given the results to be achieved for the protection of the marine environment.
Art. 38. The cost of damage to be repaired in the event of pollution also includes the costs incurred by the authority and the persons at its request to take measures to prevent, reduce, safeguard, protect or combat pollution or a threat of pollution from the marine environment.
Art. 39. The King shall, on the agreed proposal of the ministers referred to in Article 32, § 2, determine the terms and conditions for the determination and recovery of the costs of the actions and benefits incurred by the authority and by the persons involved in his application to cope with pollution. The calculation of these costs takes into account not only the costs incurred as a result of the action undertaken, but also the fixed costs directly related to the intervention and the costs incurred in advance to have the necessary means of action.
Art. 40. § 1^er. The King may determine the criteria and modalities for which environmental disturbance and the cost of repair must be established.
§ 2. In the event of environmental disruption, compensation is required by the State, without prejudice to the rights of other persons referred to in Article 37, § 5, to require, where appropriate, reimbursement of the costs incurred.
§ 3. The Environmental Disruption Author is required to pay the amount of compensation to the Fund Environment included in the table annexed to the Organic Law of 27 December 1990 creating budgetary funds.
Art. 41. When, on the basis of the provisions of this chapter, several persons are responsible for the same environmental damage or environmental disturbance, they are jointly responsible.
Art. 42. § 1^er. In order to ensure that persons responsible for the payment of compensation referred to in this chapter for damage to the marine environment are not exempt from their obligations, the authority may, as soon as the risk of pollution is established, require that a surety be paid to the Caisse des Dépôts et Consignations, the amount of which is sufficient to cover foreseeable damage, without exceeding the limits established by international law. The designation of this sum may, without charge to the State, be replaced by the constitution of a bank guarantee granted by a bank established in Belgium or a guarantee signed by a "Protection and Indemnity Club", declared admissible by the authority.
§ 2. In order to determine the amount of the bond, the authority shall take into account not only the damage already occurring, but also the future risks and consequences as assessed by the competent authorities of the authority.
CHAPTER X. - Monitoring and Control
Art. 43. Without prejudice to the powers of judicial police officers, offences under this Act and its enforcement orders are sought and found by the following persons:
1° maritime commissioners and officials and officers of the Maritime Police;
2° the commanders of the state buildings and aircraft and their attendants;
3° officials and officials of the Department of Economic Affairs appointed by the Minister who has Economic Affairs in his or her duties;
4° the officials and agents of the Management Unit of the Mathematical Model of the North Sea;
5° the officers and non-commissioned officers of the Navy appointed by their hierarchy;
6° the officials of the Maritime Fisheries Service of the Ministry of Average Classes and Agriculture, appointed by the Minister who has Agriculture in his or her powers, provided that the offences relate to fishing;
7° sworn agents designated by the competent minister to monitor marine protected areas established under section 7 of this Act.
Art. 44. § 1^er. Minutes are written in Dutch or French.
§ 2. In the event of a statement in another language at the request of the declarant, the declarant shall make a written statement in his language which is attached to the record.
§ 3. Minutes are held to prove otherwise. A copy shall be served within fifteen days of the finding of the offence to the perpetrators of the offence or, in the case of foreign nationals, to their representatives in Belgium, or, if not, to the diplomatic representation of the State of which they are nationals.
Art. 45. § 1^er. Officials and officers referred to in section 43, 1 to 7°, as well as officers of the judicial police have day and night free access, in the performance of their duties, to ships, installations and works located in the marine areas, provided that such free access is necessary to determine the offences under this Act and that, for merchant vessels, the procedures in force are complied with.
§ 2. In the performance of their duties, officials and agents referred to in section 43, 1 and 3, as well as judicial police officers, shall have, day and night, free access to warehouses, warehouses, offices, stores, business buildings, vehicles and enterprises located on land, provided that such free access is necessary to determine the offences under this Act. They can only visit the premises used for housing with the permission of the Police Court Judge.
§ 3. In the performance of their duties, officials and agents referred to in section 43 and officers of the judicial police may be assisted by experts and are entitled to require that they be informed and copied.
§ 4. Access to the vessels and facilities of the Armed Forces, at sea or on land, is only possible after the authorization of the competent military authority in this matter.
Art. 46. Officials and officers referred to in section 43 and judicial police officers may collect or collect samples for analysis. It is made a record of this sampling.
Art. 47. Officials and officers referred to in section 43 as well as officers of the judicial police may require the assistance of the public force for the fulfilment of their mission.
Art. 48. § 1^er. If the authority having jurisdiction at sea has serious reasons to believe that a foreign ship has contravened the laws and regulations of Belgium, it may initiate proceedings provided that the vessel or any of its vessels is in the territorial sea or in the area adjacent to the territorial sea. However, if it is an offence to the laws and regulations applicable to the exclusive economic zone or to the continental shelf, the prosecution may be initiated in all marine areas.
§ 2. The prosecution shall be carried out by Belgian warships or military aircraft or by any other Belgian public service ship or aircraft mandated to do so. The pursuit begins only when the foreign vessel does not follow an order to stop, visual or sound, and it is continued in an uninterrupted manner beyond the limits of the marine spaces.
§ 3. The right of prosecution shall cease as soon as the vessel pursued enters the territorial sea of the State to which it belongs or another State, unless an agreement with that State otherwise provides.
§ 4. Without prejudice to the exercise of the right of prosecution established by this Article, the King may establish the additional rules that the vessels and aircraft referred to in § 2 are required to follow in the exercise of that right.
CHAPTER XI. - Criminal provisions
Art. 49. § 1^er Offences to the provisions of Articles 6, 7, 8, 10, 11 and 12 or their enforcement orders shall be punished by a fine of five hundred francs to one hundred thousand francs.
§ 2. Offences to the provisions of articles 13 and 14 or their enforcement orders shall be punished by a fine of one hundred francs to two thousand francs.
§ 3. In the event of recidivism within three years of the conviction for violation of the provisions of articles 6, 7, 8, 10, 11, 12, 13 and 14 or their enforcement orders, the penalty is doubled.
§ 4. The penalties under this section are doubled when the offence is committed between sunset and sunrise.
Art. 50. § 1^er. Offences to the provisions of articles 15, 16 and 17 are punishable by a fine of one hundred thousand francs to one million francs and a prison sentence of two months to two years or only one of those penalties.
§ 2. Subject to the provisions of Article 52, offences under the provisions of Articles 18 and 19 or their enforcement orders shall be punished by a fine of ten thousand francs to two hundred thousand francs and by a prison sentence of fifteen days to six months, or only one of those penalties.
§ 3. In the event of recidivism within three years of the conviction for violation of the provisions of articles 15, 16, 17, 18 and 19 or their enforcement orders, the penalty is doubled.
§ 4. The penalties under this section are doubled when the offence is committed between sunset and sunrise.
Art. 51. A fine of 10 thousand francs to 25 thousand francs shall be punished by the captain who has committed an offence under Article 20, § 1^er or Article 21, § 1^eror his execution orders.
Art. 52. § 1^er. A fine of fifty thousand francs to five hundred thousand francs and a prison sentence of one month to one year, or only one of these penalties, shall be punished by the person who performs an activity without having previously received a permit or authorization in due form, as required by articles 18 and 25 and their enforcement orders.
§ 2. In the event of recidivism within three years of the conviction for offences under articles 18 and 25, the penalty is doubled.
Art. 53. A fine of ten thousand francs to two hundred thousand francs shall be punished by any person who has not respected or has violated the obligation referred to in article 36, § 1^er.
Art. 54. A fine of two thousand to ten thousand francs shall be punished by the person who, in the application of Article 28, § 2, or by the execution orders of Article 30, § 1^erknowingly and deliberately provided inaccurate information to the authority in a study of impacts, where the correct information would have led to the refusal of the permit or authorization, or where the accuracy of the environmental impact assessment is compromised.
Art. 55. A fine of two thousand francs to ten thousand francs shall be punished by the person who, in the application of this Act and its enforcement orders, impedes the regular monitoring, monitoring and screening missions or who manifestly refuses the instructions received or clearly ignores the instructions or coordination provided by the authority.
Art. 56. § 1^er. Legal persons shall be liable for the payment of damages, expenses and fines to be paid by their organs or agents for offences under this Act and its enforcement orders.
§ 2. Legal persons, and in particular the owner of the ship, are civilly responsible for the obligations of their organs and officers arising from the application of section 37.
Art. 57. The convicted person is required to pay directly 20 per cent of the fines imposed on the basis of sections 49 to 55 to the Fund Environment under the Organic Law of 27 December 1990 creating budgetary funds.
Art. 58. Section 216bis of the Code of Criminal Investigation relating to Friendly Transactions is applicable, provided that:
- the minimum amount of the sum cannot be less than the tenth of the minimum fine provided for in this Act, increased by the additional decimals;
- the author must pay directly twenty percent of the total amount of the transaction to the Fund Environment under the Organic Law of 27 December 1990 creating budgetary funds.
Art. 59. § 1^er. The court orders, at the request of the Minister, the removal of objects, works or constructions that have been put in place in the marine spaces in contravention of the provisions of this Act and the remediation. For this purpose, the court shall set a time limit not exceeding one year.
The rights of the civil party are limited for direct compensation to that chosen by the Minister, without prejudice to his right to compensation for damage by the convicted person.
§ 2. The court orders that, where the premises are not restored, the Minister and possibly the civil party may be able to carry out its execution on an ex officio basis. The competent authority or the private person who executes the judgment shall have the right to sell the materials or objects resulting from the rehabilitation of the premises, to transpose them, to store them and to destroy them.
The convict is compelled to reimburse all costs of execution, deducting the price of the sale of materials and objects, upon presentation of a taxed statement and rendered enforceable by the judge of seizures.
§ 3. §§ 1^er and 2 are not applicable to vessels, objects or cargos sewn as a result of navigational accidents referred to in Chapter V of the Act of 11 April 1989 approving and carrying out various international maritime acts.
Art. 60. All provisions of Book I of the Penal Code, including Chapter VII and Article 85, are applicable.
CHAPTER XII. - Amendments
Art. 61. § 1^er. Article 1^er the Act of 6 April 1995 on the Prevention of Pollution of the Sea by Ships, item 4 is amended as follows:
"4° Navire": any vessel operated in a marine environment, of any type, and encompassing pleasure craft, hydropters, aerogliders, submersible equipment, floating equipment and fixed or floating platforms; "
§ 2. The same article is supplemented as follows:
"8° pleasure boat": any building with a length of 2.5 to 24 metres, with or without a proper propulsion medium, which is used only for the pleasure and practice of water sports; »
Art. 62. Section 6 of the Act is supplemented as follows:
"The ships entering the Belgian ports must be provided with an identification number granted by the International Maritime Organization (IMO). This identification number must be clearly legible on the relevant flight documents. »
Art. 63. § 1^er. Section 5 of the Act, second paragraph, is replaced by the following provision:
"The first paragraph is also applicable to vessels flying a foreign flag during the period in which these vessels fall under Belgium's jurisdiction in accordance with international law, regardless of where the wrongful rejection occurred. »
§ 2. An article 5bis, as follows, is inserted in the same law:
"Art. 5bis. Any evidence may be brought by the authority to confirm that there are serious reasons to believe that a rejection has taken place, including the testimony of eyewitness witnesses, photos and films, colour shades on the surface of the water and any other standardized means of international or regional assessment recognized by Belgium.
Any visible trace left by a ship on or under the surface of the water, in its wake or in its immediate surroundings, is in itself a serious reason to believe that a discharge took place. »
Art. 64. An article 11bis as follows is inserted in the same law:
"Art. 11bis. Any tanker with a crude tonnage of at least 150 tonnes and any other ship, other than a tanker, with a crude tonnage of at least 400 tonnes, must have on board an emergency plan for oil pollution.
This plan must comply with the guidelines of the International Maritime Organization. The plan includes at least:
1° the procedure to be followed by the master and other persons with the command of the ship for the notification of pollution incidents in accordance with Article 8 of Protocol I of the Convention, supplemented by the directives of the International Maritime Organization;
2° the list of authorities or persons to be contacted in the event of an oil pollution accident;
3° a detailed description of the measures that must be taken immediately by the persons on board to combat or limit the discharge of hydrocarbons resulting from the accident, and
4° the procedures and persons to be contacted on board the ship for the coordination between the measures on board and the measures taken by national and local authorities to combat pollution. "
Art. 65. Section 12 of the Act is supplemented as follows:
"A vessel that does not have an emergency plan for oil pollution, in accordance with the Convention and Article 11bis, is prohibited from leaving a Belgian port. »
Art. 66. In the same Act, an article 17bis is inserted, which reads as follows:
"Art. 17bis. § 1^er. In Belgian ports, maritime commissioners and maritime police officers may carry out an investigation on board a ship flying a foreign flag in order to determine whether harmful substances have been rejected, in violation of the provisions of this Act or its enforcement orders, in the Belgian territorial sea or in another maritime area on which Belgium may exercise jurisdiction in accordance with international law. A prosecution may be initiated when evidence requires it. This jurisdiction is also granted to them, at their own initiative or at the request of another State concerned, for offences against the Convention committed on the high seas. This jurisdiction is also extended to offences under the Convention committed in the maritime area under the jurisdiction of another coastal state, at the exclusive request of the latter or the flag State.
§ 2. Maritime commissioners, maritime police officers, patrolling vessel commanders and marine officers and non-commissioned officers may conduct an investigation on board a ship flying a foreign flag, when the ship is in Belgian territorial waters or in another maritime area on which Belgium may exercise jurisdiction in accordance with international law, in order to determine whether any harmful substances have been released at sea in violation of the provisions of its law.
§ 3. An investigation at sea includes in the first instance a control of all the documents required to establish the existence or non-existence of an unlawful release and a hearing of the master. If the documents do not provide sufficient evidence of illegal release, a more detailed inspection of the parts of the vessel that are important to establish the release and taking of samples may be undertaken.
§ 4. When acting on the basis of § 2 or § 3 above in respect of a ship flying a foreign flag, the officials and agents concerned comply with the following rules:
1° if there are serious reasons to believe that a ship has committed an offence in the territorial sea, they may, within the territorial sea, carry out the investigation on board the ship. If the evidence justifies it, the judicial proceedings may be instituted and the vessel may be held in the territorial sea or taken to a Belgian port. The capital shall be lifted as soon as the deposit of the bond provided for in section 31, paragraph 2, of this Act has been made;
2° where there are substantial grounds for believing that the vessel has committed an offence in the exclusive economic zone, they may request the vessel to disclose all the information necessary to determine whether the offence has been committed, as well as the identity of the vessel, its home port and its last and next port of call;
3° where there are substantial grounds for believing that the vessel has carried out a sufficiently serious discharge in the exclusive economic zone to be in contravention of the Convention, the vessel may, within the exclusive economic zone or within the territorial sea, conduct the investigation on board the vessel if it has refused to disclose information or if the information provided by the vessel is in flagrant contradiction with the facts and the circumstances warrant such an inspection;
4° in the presence of objective and manifest evidence that the vessel has carried out in the exclusive economic zone a serious illegal release, which has caused or is likely to cause significant damage to the marine environment or to the coastal interests of Belgium, the vessel may be immobilized in the exclusive economic zone or in the territorial sea and conducted in a port, and the proceedings may be initiated. The capital shall be lifted as soon as the deposit of the bond provided for in section 31, paragraph 2, of this Act has been made;
5° in case of oil discharges, the 3° above applies ex officio as soon as visible traces of discharge appear in or on the surface of the water in the immediate vicinity of the vessel or in its wake, and the 4° above applies ex officio as soon as the first estimates indicate that the discharge contains more than one thousand litres of hydrocarbons.
§ 5. In the event of an investigation at sea on board ships, their safety and safety of marine navigation cannot be endangered and the marine environment cannot be exposed to unreasonable risk. For this purpose, vessels may be obliged to go to a safe anchorage at sea and may be driven to a port. »
Art. 67. Section 18 of the Act is replaced by the following provision:
“Art. 18. The flag State shall be promptly informed, through its diplomatic representatives, of the immobilization of one of its ships and of the measures that may arise from criminal proceedings brought on the basis of Article 17bis.
Criminal proceedings may no longer be instituted on the basis of Article 17bis after a period of three years from the day the offence was committed.
A criminal prosecution on the basis of Article 17bis, § 4, 4°, is suspended at the explicit request of the flag State provided that within six months of the date of the initial proceedings, the flag State itself initiates criminal proceedings for the same complaints, and that as evidence it makes available to the Belgian State a complete file on the case as well as the legal proceedings. When the proceedings initiated by the flag State are completed, the judicial proceedings suspended in Belgium are abandoned. After deducting the costs incurred in Belgium for the investigation on board of the vessel, the taking of samples relating to the discharge, the analysis of these samples and the undertaking of a legal proceeding, the bond referred to in section 31 is lifted.
A criminal prosecution in Belgium may not be suspended in cases of rejections leading to significant damage to Belgian coastal interests or in cases where the flag State has not previously acted on an obligation to prosecute an offence committed by its ships. »
Art. 68. Section 20, paragraph 1, of the Act is supplemented as follows:
"6° where the vessel does not have an emergency plan for oil pollution as provided for in the Convention and section 11 bis of this Act;
7° in the event that the vessel does not have an IMO identification number as required by section 6, paragraph 4, of this Act. »
Art. 69. Section 25 of the Act is supplemented by the following paragraph:
"The breaches of the provisions of section 5 and the opposition to an investigation or the derogation of capital that are provided for in section 17bis shall be found in a record of evidence to the contrary. A copy of this report, with reference to the penalty set out in this Act, is transmitted within 24 hours after the finding of the offence to the master, owner or owner of the vessel. »
Art. 70. Section 29 of the Act is replaced by the following provision:
“Art. 29. A fine of five hundred thousand francs shall be punished to one million francs by the owner, charterer, administrator or operator of the ship in which the provisions of Articles 5 and 12 or their enforcement orders have not been complied with. If the vessel is a pleasure craft or fishing vessel, the owner, charterer, manager or operator of the pleasure craft or fishing vessel will be punished by a fine of 10 thousand francs to 25 thousand francs.
If the offence is committed between sunset and sunrise, the fine is doubled.
In the case of recidivism within three years of the conviction, the fines mentioned above may be increased to a maximum of two.
A fine of 10 thousand francs to 25 thousand francs shall be punished by the master of a ship other than a fishing or pleasure craft that contravenes sections 5, 10, 11 and 12 of this Act or its enforcement orders or that opposes the provisions of sections 14, 15 and 17 bis or that do not comply with the obligations laid down therein.
A fine of three thousand francs to twenty five thousand francs shall be punished by the skipper or the patron of a fishing boat or a pleasure craft that contravenes section 5 of this Act, or that opposes the opening of an investigation or derogates from capital as provided for in section 17bis.
A fine of two thousand francs to ten thousand francs shall be punished by the officers of the vessel who contravene sections 5, 10 and 12 of this Act or its enforcement orders, or oppose the obligations set out in articles 14, 15 and 17bis or fail to observe them. »
Art. 71. An article 29bis, as follows, is inserted in the same law:
"Art. 29bis. Section 216bis of the Code of Criminal Instruction relating to Friendly Transactions is applicable on the understanding that the minimum amount of the transaction cannot be less than one tenth of the minimum fine provided for in this Act, increased by the additional decimals. »
Art. 72. Section 30 of the Act is replaced by the following provision:
"Art 30. A person who is sentenced to a fine under section 29 or who has consented to enter into a transaction pursuant to section 29bis is required to pay directly twenty percent of the amount of the fine or transaction to the Environment Fund. »
Art. 73. Section 31 of the Act is replaced by the following provision:
“Art. 31. Where there are serious presumptions of offences under sections 5, 10, 11, 12,14 and 15, the Maritime Commissioner may prohibit the master from leaving the Belgian ports with his ship, unless an amount is deposited as a bond to the Caisse de Dépôt et de Consignation, equal to the maximum amount provided for in section 29 for offences, plus additional decimals. The payment of this amount may, without charge to the authority, be replaced by a bank guarantee, granted by a bank established in Belgium.
Ships that are immobilized at sea or in Belgian ports under Article 17bis shall be released as soon as an amount is deposited as a bond to the Caisse des Dépôts et Consignation, equal to the maximum amount provided for in Article 29 for offences, plus additional decimals. The payment of this amount may, without charge to the authority, be replaced by a bank guarantee granted by a bank established in Belgium.
The fine pronounced by a judicial decision cast in force of tried or the transaction, as the case may be, is recovered on bail.
The balance of the amount is immediately returned.
The interest of the recorded amount is added to the bond. »
Art. 74. The following amendments are made to section 32 of the Act:
- 1° The second paragraph is replaced by the following paragraph:
"They are also responsible for the investigation and monitoring of offences at sea under section 5 of this Act:
1° the commanders of the State patrolling buildings and aircraft and their attendants;
2° officials and agents of the Management Unit of the Mathematical Model of the North Sea;
3° the officers and non-commissioned officers of the Navy appointed by their hierarchy for this purpose. »
- 2° The third paragraph is replaced by the following provision:
"The officials and agents referred to in paragraph 2, 2°, are also responsible for the search for offences under the Convention that are entrusted to the Belgian authorities under the international agreements on the air surveillance of marine pollution. »
- 3° The article is supplemented by a fourth paragraph, which reads as follows:
- Offences to this Act and its enforcement orders are found by minutes written by those who have found the facts and who are believed to the contrary. »
Art. 75. In section 13 of the Act of 11 April 1989 approving and implementing various International Maritime Acts, the following paragraph shall be inserted before the sixth paragraph:
"In the event of a possible risk of pollution of the marine environment of the territorial sea or of the exclusive economic zone or when the safety of navigation in these marine areas is in danger, the owner of the ship that failed or sunk has the obligation to reflorate the wreck, the wreckage debris, the riggings, the cargo as well as the substances or dangerous objects initially present on board that have sunk and to remove them from the marine environment, unless »
Art. 76. Section 14, first paragraph, of the Act is supplemented as follows:
“(e) take any other necessary measures to protect the marine environment from the territorial sea and the exclusive economic zone from possible pollution. »
Art. 77. The following amendments are made to section 17 of the Act:
- 1° § 1^er, last paragraph, is supplemented by a 5°, which reads as follows:
"5° damage within the meaning of the law of 20 January 1999 concerning the protection of the marine environment in the marine areas under the jurisdiction of Belgium. »
- 2° § 5 is replaced by the following provision:
Ҥ 5. Is punishable by imprisonment from fifteen days to one year and a fine of five hundred francs to two million francs, or only one of these penalties, who:
1° contravened sections 13 to 16 of this Act;
2° contravened the enforcement orders of sections 13 to 16 of this Act. »
Art. 78. Section 85, first paragraph, of the Act of 24 December 1976 on budgetary proposals 1976-1977 is supplemented as follows:
"However, where accidental contamination or pollution occurs at sea or comes from a sea ship, these costs are borne by the perpetrator of such contamination or pollution, in accordance with international law. In this case, the owners of the ships involved are civilly and in solidarity. »
Art. 79. Article 3 of the Act of 13 June 1969 on the continental shelf of Belgium is supplemented as follows:
Ҥ2. Any application for concession or authorization includes a study of environmental impacts that is established under the applicant's responsibility and costs. The application is subject to an environmental impact assessment.
The study of environmental impacts is established and the assessment of environmental impacts is carried out in accordance with the rules relating to the procedure, content and form established by the King on a joint proposal by the Minister who has the Economic Affairs in his or her responsibilities and the Minister who has the Environment in his or her responsibilities.
Exploration and exploitation are subject to a continuous review of the influence of the activities concerned on sediment movement and on the marine environment.
§ 3. The Minister who has the Environment in his or her responsibilities advises on the study of environmental impacts and the results of the environmental impact assessment.
Concessions, authorizations, extensions or renewals may only be granted on favourable advice from the Minister who has the Environment in his or her powers.
In applications and requests for extension or renewal of a concession or authorization, the results of the ongoing review will be taken into account.
If the ongoing review reveals unacceptable adverse effects of the activities concerned on sediment movement and on the marine environment, the concession or authorization may be withdrawn or suspended in whole or in part.
§ 4. Exploration and exploitation are subject to a royalty, in accordance with the terms provided by the concession orders, for the ongoing review of the influence of the activities concerned on sediment movements and on the marine environment.
§ 5. The King shall establish, on a joint proposal by the Minister who has the Economic Affairs in his or her responsibilities and the Minister who has the Environment in his or her responsibilities, an advisory commission to ensure coordination among the administrations concerned by the management of the exploration and exploitation of the continental shelf and the territorial sea.
A general report on the results of the ongoing review is submitted to the Commission every three years.
The commission deals with the following specific issues:
- the coordination of the review of concession requests and the formulation of a notice on such requests;
- the monitoring of the various studies carried out on the influence of sand extraction on the continental shelf;
- Study of the triennial report;
- the recommendation of correction measures if a negative influence is found and
- the formulation of advice on a policy on all aspects of sand extraction.
The King may set the operating procedures and operating costs of the commission. »
Art. 80. In the table annexed to the organic law of 27 December 1990 creating budgetary funds, under the heading "25-4 Environment Fund", the words "reparations referred to in section 40 of the Act of 20 January 1999 for the protection of the marine environment in the marine areas under Belgian jurisdiction and the amounts referred to in sections 57 in 58 of the same law" are inserted between the words " fines referred to in Article 30 of the Law of 6 April 1995 on the Prevention of the Sea
Art. 81. The Act of 26 March 1971 on the protection of surface water from pollution is repealed as it applies to the territorial sea.
Art. 82. The Act of 8 February 1978 approving and implementing the Convention on the Prevention of Marine Pollution through Ships and Aircraft Disposal Operations and Annexes, made in Oslo on 15 February 1972, and the Protocol amending the Convention, done in Oslo on 2 March 1983, and its enforcement orders are repealed.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Give Brussels on 20 January 1999.
ALBERT
By the King:
Deputy Prime Minister
and Minister of Economy and Telecommunications,
E. DI RUPO
Deputy Prime Minister and Minister of the Interior,
L. VAN DEN BOSSCHE
Deputy Prime Minister and Minister of National Defence,
J.-P. PONCELET
Minister of Science Policy,
YLIEFF
Minister of Public Health and Pensions,
Mr. COLLA
Minister of Foreign Affairs,
E. DERYCKE
Minister of Agriculture and Small and Medium Enterprises,
K. PINXTEN
Minister of Transport,
Mr. DAERDEN
Minister of Justice,
T. VAN PARYS
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) Session 1997-1998.
House of Representatives:
Documents. - Bill, 1695-No. 1. - Amendments, 1695-n° 2. - Report, 1695-n° 3. - Text adopted by the commission (art. 77 of the Constitution), 1695-n° 4. - Text adopted by the commission (art. 78 of the Constitution), 1695-n° 5. - Text adopted in plenary and transmitted to the Senate (Article 78 of the Constitution), 1695-n° 6.
Session 1998-1999.
Documents. - Text adopted in plenary and transmitted to the Senate, 1868-No. 1.
Annales of the House. - Sessions of 8 and 10 December 1998.
Senate.
Documents. - Project transmitted by the House of Representatives, 1-1194-No. 1. - Project transmitted by the House of Representatives (Article 77 of the Constitution), 1-1195-n° 1.