Law Establishing The Administrative Fines For Offences Under The Navigation Laws

Original Language Title: Loi instituant des amendes administratives applicables en cas d'infractions aux lois sur la navigation

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Published the: 2017-01-19 Numac: 2017030001 SERVICE PUBLIC FEDERAL mobility and transport 25 December 2016. -Law establishing the administrative fines for offences under PHILIPPE navigation laws, King of the Belgians, all, present and future, A salvation.
The House of representatives has adopted and we sanction the following: Article 1.
This Act regulates a matter referred to in article 74 of the Constitution.
Chapter 1.
-Definitions art. 2. for the purposes of this Act, it is necessary to hear by: (1) the navigation laws:-the law of February 18, 1969 on measures of execution of treaties and international acts in transport by sea, by road, by rail or waterway;
-law of 5 June 1972 on the safety of navigation;
-the law of November 24, 1975, on the approval and implementation of the Convention on the international regulations of 1972 for prevention of collision at sea, regulation is annexed and its Annexes, done at London on 20 October 1972;
-the Act of 8 July 1976 to the licensing of vessels of inland navigation and to the financing of the Institute for transport by skippers;
-the Act of August 20, 1981, on the approval of the International Convention on the safety of containers, and the Annexes, made at Geneva on 2 December 1972;
-the law of 12 July 1983 on the tonnage of the ships;
-the law of January 25, 1984, protecting the Belgian Merchant Navy;
-Act of 21 December 1990 for registration of ships;
-the Act of 21 May 1991 establishing a patent of conduct for navigation on the waterways of the Kingdom;
-the law of 6 April 1995 on the prevention of pollution from ships;
-the law of 20 January 1999 for the protection of the marine environment and the Organization of the development of marine areas under jurisdiction of the Belgium;
-the Act of 22 April 1999 on the exclusive economic zone of the Belgium in the North Sea;
-the maritime security act of February 5, 2007;
-the law of 20 January 2011 with execution of the agreement of 3 December 2009 between the federal State and the Regions on the implementation of the Convention to the collection, filing and receipt of waste occurring in navigation Rhine and inner, signed in Strasbourg on 9 September 1996 and bearing performance of the agreement;
-the Act of January 30, 2012, setting materials referred to in article 78 of the Constitution insurance of shipowners for maritime claims;
-the Act of January 30, 2012, setting materials referred to in article 78 of the Constitution on the liability of carriers of passengers by sea in case of accident;
-law of December 19, 2012 on the implementation of various international Conventions on civil liability for pollution by ships, concerning the matters referred to in article 78 of the Constitution;
-the protection of the underwater cultural heritage Act of April 4, 2014;
-the law of June 13, 2014, execution and enforcement of the 2006 (I) maritime labour Convention;
-the Act of June 19, 2016, with implementation of the Regulation (EU) No 1257/2013 of the European Parliament and of the Council of November 20, 2013 for the recycling of ships and amending Regulation (EC) No. 1013/2006 and Directive 2009/16/EC.
(2) competent authority: the authority designated in accordance with article 3, § 2, paragraph 1.
CHAPTER 2. -The administrative fine for punishable acts of criminal proceedings art. 3 § 1.
Under conditions established by this Act, and provided that the facts are liable to criminal prosecution, an administrative fine may be imposed for offences to the navigation laws and their implementation orders that fall within federal jurisdiction.
The administrative fine is applied notwithstanding any other disciplinary sanctions.
§ 2. The King is responsible for the designation, the functioning and the composition of the competent authority to impose administrative fines in accordance with paragraph 1, sub-paragraph 1.
The King may appoint members of the authority as judicial police officers.
Members of the competent authority cannot deal with offences that they have themselves observed.
Art.
4. the police of navigation, the crossroads of marine information, any authority, official or public officer who, in the exercise of his duties, becomes aware of an offence to the navigation laws or their implementation orders informs the competent authority within a period of 14 days.
A copy of the minutes finding the infringement to the navigation laws or their implementation orders is transmitted to the competent authority.
Art. 5 § 1.
The Crown has a period of one month from the day of receipt of the minutes to inform the competent authority in writing or by electronic means: (1) that information or a judicial investigation has been opened, or;
(2) that proceedings have been initiated, or;
(3) that it was made under sections, 216bis or 216ter of the Criminal Code or;
(4) that the case has been filed for reasons related to the elements of the offence, or;
(5) that the case has been filed for reasons that are not related to the constituent elements of the offence.
When the Crown transmits the information referred to in paragraph 1, (1), (2), (3) or (4) to the competent authority, the administrative action referred to in this Act turns off § 2. Once the Crown has passed the information referred to in paragraph 1, sub-paragraph 1, 5 °, or, in the absence of this information after the deadline referred to in paragraph 1, paragraph 1, the competent authority decides to proceed with administrative proceedings or dismissal.
If the competent authority does not conduct administrative proceedings, it indicates the reason for the decisions to discontinue.
If the competent authority conducting administrative proceedings, it calls the person by sending recommended no later than one year from the day where the Act has been committed.
The registered letter contains at least the following information: 1 ° the facts for which the administrative fine proceedings were initiated;
(2) the days and hours that the person concerned has the right to consult his file;
(3) the fact that he has the right to be assisted by counsel;
(4) the fact that he has a period of 30 days as of the first working day

following the invitation to send a shipment to the competent authority recommended containing defence and, if applicable, the demand to be heard.
§ 3. When the competent authority is seized of a request in accordance with paragraph 2, 4 °, it has 45 days from receipt of this request, to notify the person concerned, by registered mail, the date of the hearing.
These time limits are prescribed from invalidity of the whole procedure of administrative penalty.
The person concerned may, by registered mail addressed to the competent authority, seek only once the postponement of his hearing by indicating the reason for the postponement. Fixed authority in this case, by registered mail, a new date.
Art. 6 § 1. After the period of thirty days referred to in article 5, § 2, (4) and, where appropriate, after hearing the interested party, the competent authority takes a decision on the facts for which the administrative fine proceedings were initiated.
The competent authority shall notify this decision to the person concerned by registered mail.
The decision to impose an administrative fine is motivated and on pain of nullity, the amount of the administrative fine and the possibility of appeal.
§ 2. In the same decision that where it inflicts a penalty, the competent authority may grant, in whole or in part, the stay of execution of the payment of the fine. The King determines the terms of the stay of execution.
§
3. The decision is binding for a period of one month from the day of its notification.
The notification of the decision fixing the amount of the administrative fine turned off public action.
The payment of the administrative fine puts an end to the action of the competent authority.
Art. 7. the minimum and maximum fine amounts correspond to the maximum, and minimum amounts increased additional cents, of the criminal fine under the statutes on navigation which sanctions the same fact. For the fixing of the amount of the administrative fine, the competent authority takes into account the seriousness of the facts and the possible recurrence.
In case of recurrence in the year following a decision to impose an administrative fine, the amounts can be doubled.
In case of competition offences, the amount of administrative fines accrue without being able to exceed the maximum amount of the highest fine double.
If extenuating circumstances were retained in the decision to impose an administrative fine, the amount of the administrative fine may be reduced below the minimum, although it may be less than 26 euros.
CHAPTER 3. -The administrative fine for depenalisees offences art. 8. in accordance with this Act, an administrative penalty may be imposed by the competent authority for offences in the annex.
The amounts fixed by offence are included in the annex.
Art.
9. the police of navigation, the crossroads of marine information, any authority, official or public officer who, in the exercise of his duties, becomes aware of offences referred to in article 8 informs the competent authority within a period of 14 days.
Art. 10 § 1. If the competent authority does not conduct administrative proceedings, it indicates the reason for the decisions to discontinue.
If the competent authority conducting administrative proceedings, it calls the person by sending recommended no later than one year from the day where the Act has been committed. The registered letter contains at least the following information (1) the facts for which the administrative fine proceedings were initiated;
(2) the days and hours that the person concerned has the right to consult his file;
(3) the fact that he has the right to be assisted by counsel;
(4) the fact that it has a period of 30 days from the first day following the meeting to send a registered letter containing his defences and, where appropriate, to the competent authority the request to be heard.
§ 2. When the competent authority is seized of an application under subsection 1, 4 °, it has 45 days from receipt of this request, to notify the person concerned, by registered mail, the date of the hearing.
These time limits are prescribed from invalidity of the whole procedure of administrative penalty.
The person concerned may, by registered mail addressed to the competent authority, seek only once the postponement of his hearing by indicating the reason for the postponement. Fixed authority in this case, by registered mail, a new date.
Art. 11. after the period of thirty days referred to in article 10, § 1, 4 °, and, where appropriate, after hearing the interested party, the competent authority shall take a decision to the facts for which the administrative fine proceedings were initiated. The competent authority shall notify this decision to the person concerned by registered mail.
The decision to impose an administrative fine is motivated and its amount, on pain of nullity, as well as the possibility of appeal.
In the same decision that where it inflicts a penalty, the competent authority may grant, in whole or in part, the stay of execution of the payment of the fine. The King determines the terms of the stay of execution.
The decision is binding for a period of one month from the day of its notification.
The payment of the administrative fine puts an end to the action.
Art.
12 it inflicts the administrative fine, the competent authority shall take into account the possible recurrence.
In case of recurrence in the year following a decision to impose an administrative fine, the amounts can be doubled.
In case of competition offences, the amount of administrative fines are added without being able to exceed the maximum amount of the highest fine double.
If extenuating circumstances were retained in the decision to impose an administrative fine, the amount of the administrative fine may be reduced below the minimum, although it may be less than 26 euros.
CHAPTER 4. -Provisions general art. 13. the King appoints officers and persons who are nationals of a public authority responsible for search and found the offences on navigation, their execution orders and offences in the annex.
Art. 14. no administrative penalty may be imposed by the competent authority: -.

When the public action related to the same offence is off, or;
-in the case of a person who was a minor at the time of the facts, or;
-more than two years after the date where administrative proceedings have been initiated.
Art. 15. the King shall lay down provisions for collection and recovery of administrative fines.
Art. 16. the party concerned can introduce, on pain of foreclosure, by way of motion before the Court of first instance, a suspensive appeal against the decision referred to in article 6 or 11, within a period of one month from the notification of this decision.
The Court of first instance shall decide as a last resort.
Without prejudice to the provisions of paragraphs 1 and 2, the provisions of the Judicial Code apply to the appeal to the Court of first instance.
The Brussels Court is responsible for persons who do not reside in Belgium for offences to the legislation on inland navigation and Yachting.
The Court of Antwerp has jurisdiction over persons who are not resident in Belgium for offences to the legislation on maritime navigation.
In the case of appeal against the decision of the competent authority, the Court of first instance has the same powers as the competent authority art. 17. when there are presumptions serious offences referred to in articles 3 and 8, officers appointed for this purpose navigation control can prohibit the captain to leave the Belgian ports with his ship, unless that is paid as a bank guarantee an amount equal to the maximum for the crime, plus additional decimas. The bank guarantee must be granted by a Bank established in Belgium.
The fine imposed by a court decision cast in force of res judicata or of a transaction, as the case may be, is retrieved on the bank guarantee.
Art. 18. with regard to the offences referred to in article 3, a protocol agreement can be concluded between the competent public prosecutor and the competent authority.
This protocol agree to respect all of the legal provisions, including the procedures for offenders and cannot violate these rights.
This protocol agreement is communicated by means of a notice published in french and Dutch in the Moniteur belge.
Art. 19 articles 53 to 55 of the Judicial Code apply to the time limits referred to in this law.
CHAPTER 5. -Provisions amending art. 20. in article 19 of the law of 5 June 1972 on the safety of navigation, amended by the law of January 22, 2007, the words "fine of 50 to 5000 euros" are replaced by the words "fines of 200 to 1 000 000 euros".
Art.
21. in article 21 of the same Act, amended by the law of January 22, 2007, the words "fine 26 300 (euros)" are replaced by the words "fines of 200 to 1 000 000 euros".
Art. 22. article 15 of the law of May 3, 1999, organizing the distribution of competences following the integration of the marine police, the air police and the police of the railways in the federal police is supplemented by a paragraph to read: "For the purposes of the time limit referred to in paragraph 6, to give a warning or to grant a delay to rule is not the finding of the infringement.".
Art. 23. in article 8 of the law of June 22, 2016, with implementation of the Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers travelling by sea or inland waterway and amending Regulation (EC) No. 2006/2004, the following changes are made: (1) in paragraph 1 , paragraph 1, the words "referred to in article 9" are repealed;
(2) in paragraph 1, paragraph 2, the words 'the competent public authority' shall be replaced by the words "the competent authority referred to in the law of December 25, 2016 establishing of administrative fines for offences under the navigation laws".
CHAPTER 6. -Provisions repealing art.
24. in article 19 of the law of 5 June 1972 on the safety of navigation, amended by the law of January 22, 2007, the words "of one month to two years ' imprisonment and" are repealed.
Art.
25. in article 21 of the same Act, amended by the law of January 22, 2007, the following changes are made: (1) the words "from eight days to three months ' imprisonment and" are repealed;
(2) the words "or one of those penalties only" are repealed.
Art. 26. in article 25 of the same Act, amended by the law of January 22, 2007, the following changes are made: (1) in the first paragraph, the words "of one to seven days ' imprisonment and" are repealed;
(2) in paragraph 2, the words "of imprisonment from eight days to six months and" are repealed.
Art.
27. in section 3 of the Act of 24 November 1975 approval and execution of the agreement on the 1972 international regulations for prevention of collision at sea, regulation is annexed and its Annexes, done at London on 20 October 1972, the following changes are made: (1) the words "imprisonment from eight days to three months and" are repealed;
(2) the words "or one of those penalties only" are repealed.
Art. 28. in article 5 of the Act of 8 July 1976 relating to the licensing of vessels of inland navigation and to the financing of the Institute for transport by skippers, modified by the law of December 29, 2010 and may 8, 2014, the words "of one month to two years ' imprisonment and" and let words "or one of those penalties only" are repealed.
Art. 29. articles 6 and 7 of the same law, modified by the law of December 29, 2010, are repealed.
Art. 30. in article 4 of the Act of 20 August 1981 approving the International Convention on the safety of containers, and the Annexes, made at Geneva on 2 December 1972, the words "of one month to two years ' imprisonment and" and the words "or one of those penalties only" are repealed.
Art. 31. in article 13 of the Act of 12 July 1983 on tonnage of ships, amended by the law of March 8, 2010, the following changes are made: (1) in paragraph 1, the words "to one month to one year imprisonment and" and the words "or one of those penalties only" are repealed;
(2) in paragraph 2, the words "of imprisonment from eight days to three months and" and the words "or one of those penalties only" are repealed.
(3) in paragraph 3, the words "from one to seven days ' imprisonment and" are repealed.
Art.

32. in article 14, § 3, of the Act of 21 December 1990 on registration of ships the words "imprisonment from eight days to three months and" and the words "or one of those penalties only" are repealed.
Art. 33. items 9 to 16 of the Act of June 22, 2016, with implementation of the Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers travelling by sea or inland waterway and amending Regulation (EC) No. 2006/2004 are repealed.
CHAPTER 7. -Available final art. 34. this Act comes into force on January 1, 2017.
Given in Brussels, 25 December 2016.
PHILIPPE by the King: the Minister of Justice, K. GEENS the Minister of Social Affairs and public health, of BLOCK Minister of mobility, Fr. BELLOT the Secretary of State for the North Sea, Ph. DE BACKER sealed with the seal of the State: the Minister of Justice, K. GEENS _ Note House of representatives (www.lachambre.be) Documents: 54-2206.
Full report: 21 and December 22, 2016.

Annex to the law of December 25, 2016, establishing of administrative fines for offences under the offences DEPENALISEES and the amounts correspondents A navigation laws.
Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers travelling by sea or inland waterway and amending Regulation (EC) No. 2006/2004 offence in article amount in Euro 4, paragraph 1er500 4(2) 10,000 6 1,250 7, paragraph 1er2.500 7(2) 10,000 8 1,250 9 5,000 10 5,000 11 5,000 12 500 13 5.000 14 10,000 15 1.250 16 1,250 1,250 17 18 1,250 1,250 19 22 2,000 23 5,000 24 10,000 seen to be annexed to our law of 25 December 2016 establishing of administrative fines for offences under laws on navigation given in Brussels, 25 December 2016.
PHILIPPE by the King: the Minister of Justice K. GEENS the Minister of Social Affairs and public health, Mr. BLOCK the Minister of mobility Fr. BELLOT the Secretary of State for the North Sea, Ph. DE BACKER