Advanced Search

The Law Of The Finnish Economic Zone

Original Language Title: Laki Suomen talousvyöhykkeestä

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on the eez of Finland

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Economic zone

The eez of Finland comprises the maritime area immediately associated with the territorial waters of Finland, the external border of which is determined by the agreements entered into by Finland with foreign countries and the location of the external border is established by a decree of the Government.

ARTICLE 2
The rights and jurisdiction of the Finnish State in the exclusive economic zone

The State of Finland shall be entitled in the exclusive economic zone to the exploration, exploitation, conservation and management of living and lifeless natural resources, as well as other activities aimed at the economic exploitation and exploration of the zone.

Finland has jurisdiction under international law in the construction and operation of artificial treasures, equipment and other installations under international law, as well as in the protection of the marine environment and in the marine sciences, as well as other international Rights and obligations under the law.

Chapter 2

Legislation applicable in the economic zone

ARTICLE 3
Legislation applicable to environmental protection and water-building

The economic zone is governed by the law on the environmental impact assessment procedure (448/1994) , environmental protection law (177/2014) , water management and sea management (1299/2004) And water law (197/2011) And the provisions adopted pursuant thereto. (27/04/2013)

The prevention of environmental pollution from conventional activities in the exclusive economic zone is laid down in the Maritime Environmental Protection Act (1672/2009) And measures to combat oil pollution and ship chemical damage in the exclusive economic zone are laid down in the fight against oil pollution (1673/2009) . In addition, waste law applies in the exclusive economic zone. (166/2011) As provided for in the separate provision. (17/06/2015)

§ 4
Legislation applicable to fishing, hunting and nature protection

Fishing, hunting and conservation of living resources in the exclusive economic zone are in force in the fisheries, hunting and nature conservation legislation and in the common European Community The provisions of the fisheries policy, as well as the provisions of the fisheries policy, and the agreement with a foreign country.

§ 5 (10/06/2015)
Legislation applicable to the protection of underwater cables, soil and mining minerals

In the exclusive economic zone, the Law on the Protection of Certain Water Management Board (185/1965) Provides.

The introduction of soil materials in the exclusive economic zone shall be governed by water laws.

Mining law applicable in the exclusive economic zone for prospecting and exploitation of mineral deposits in the exclusive economic zone (2006) .

Chapter 3

Economic exploitation and research and construction of the economic zone in the exclusive economic zone

ARTICLE 6
Access to recovery

The Government of State may, upon application, authorise the exploitation of the seabed and its natural resources in the exclusive economic zone, as well as research into such exploitation, or in the exclusive economic zone, of which: The economic exploitation of the zone ( Recovery right ). The right of recovery shall not apply to the activities referred to in Article 4. The content of the application is governed by the Council Regulation.

Natural resources shall refer to the first subsection of the seabed and its interior mining minerals, stone constituents and other non-lifeline species, as well as species of base species, whether or not at the bottom of the sea, at the bottom of the sea bed or In the interior, or who are able to move only when they are in constant close contact with the seabed or its interior. (10/06/2015)

The consent may be given for a fixed period or for the time being. The decision shall lay down the conditions necessary for the security or the safeguarding of the rights of the State under this law.

The decision may be reviewed if the operation does not comply with the conditions laid down in the Decision. Such activity may be suspended under the same conditions. The suspension will be decided by the Ministry of Trade and Industry. The decision may also be withdrawn if the conditions laid down in the decision are substantially breached. The Authority shall immediately inform the Ministry of Trade and Industry of the infringement detected.

§ 7
Construction

The State Council may, upon application, grant consent to the construction and operation of equipment and other installations for the activities referred to in Article 6 and other installations and installations which may harm the The exercise of rights under international law to Finland in the exclusive economic zone. The content of the application is governed by the Council Regulation.

For the sake of the safety of shipping, the recipient of the consent shall be obliged to remove the device and the structure, if possible, to remove the device and the structure. The consignee shall also be required to inform the Ministry of Trade and Industry of the location, depth and dimensions of equipment and installations which have not been completely removed.

The consent may be given for a fixed period or for the time being. The decision shall lay down the conditions necessary for the security or the safeguarding of the rights of the State under this law. If the operation does not meet the conditions laid down in the decision or if the circumstances have changed substantially since the decision was adopted, the terms of the decision may be amended or the consent of the decision may be withdrawn. The Authority shall immediately inform the Ministry of Trade and Industry of the infringement detected.

The Decision may provide for a protection zone to be set up around the artificial islands, equipment and structures built in accordance with this law. The protection zone shall not extend beyond 500 m to the outer edge of an artificial island, a device or any other structure measured at each point, unless it is permitted, in accordance with generally accepted international regulations, or if not authorised Otherwise preferred by the international organisation.

§ 7a (22.08.2014/687)
Energy projects of common European interest

Where Regulation (EC) No 1364 /2006/EC on guidelines for trans-European energy infrastructure and repealing Decision No 1364 /2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 The energy project for the common interest referred to in Article 6 or 7 shall be subject to the consent of the Council of Ministers, with the exception of the consent for the examination of the consent for the examination of the consent of the State Council, except for the The regulation of Parliament and the Council and the common interest of the European Union Of the Law on the authorisation procedure for energy projects (204/2014) .

Chapter 4

Marine science research

§ 8
Marine science research

A notification shall be made to the Ministry of Trade and Industry, other than those applying Articles 4 or 6. If the Ministry of Trade and Industry considers that the research project referred to in the declaration on marine science is covered by Articles 6 or 7, the Ministry of Trade and Industry shall inform the notifier As soon as possible and at the latest within four months of receipt of the notification. In any other case, no earlier than six months after receipt of the notification, unless the Ministry of Trade and Industry decides that it can be taken earlier, the research project, which has been notified, may not take place earlier than six months after receipt. The content of the report on marine science is regulated by a Council regulation.

The Ministry of Trade and Industry may prohibit the taking up of a research project if the notification of the research project is incorrect or if the initiating research project does not assess the capacity to fulfil the Obligations under Article 249 of the Convention on the Law of the Sea (Treaty Series 49-50/1996) because of the failure to comply with similar obligations in the past. The Ministry of Trade and Industry shall notify the prohibition decision within four months of receipt of the notification.

§ 9
Suspension and termination of marine science

The Ministry of Trade and Industry may decide to suspend the investigation referred to in Article 8 if the investigation is carried out by way of derogation from the information provided in the notification referred to in paragraph 1 of that Article or does not comply with the The provisions of Article 249 of the Convention on the Law of the Sea on the rights of the coastal State to the marine science project. The suspension order shall be withdrawn as soon as the investigating officer gives the correct information or fulfils the conditions laid down in that Article.

The Ministry of Trade and Industry may order the full cessation of marine science research if a derogation from the information provided in the notification referred to in Article 8 (1) constitutes a significant change in the research project or activity Or where the deficiencies referred to in paragraph 1 of this Article are not remedied within a reasonable time.

The Authority shall promptly inform the Ministry of Trade and Industry of any infringement or omission.

Chapter 5

Application of Finnish criminal law in the exclusive economic zone and penalties

ARTICLE 10
Application of Finnish criminal law to a crime in the exclusive economic zone

A criminal offence within the meaning of Article 7, an instrument or any other structure within the meaning of Article 7, and its punishable offence, shall be considered to be criminal Chapter 1 of Chapter 1 of Chapter 1 , in accordance with Article 3.

In the rest of the exclusive economic zone, the offence referred to in Articles 11 to 16 and the firm which penalises it shall be regarded as: Article 1 of Chapter 1 of the Criminal Code , in accordance with Article 3.

If the offence referred to in paragraph 2 has been committed from a foreign vessel when it is in the Finnish exclusive economic zone, the criminal case shall not be investigated in Finland without a warrant for the prosecution of the Prosecutor, unless it is a matter of Article 12 of Chapter 1 of the Criminal Code The case referred to in paragraph 2.

ARTICLE 11
Environmental crimes in the exclusive economic zone

The penalty, contrary to Article 3 (1), is contrary to the laws referred to in Article 3 (1) concerning the deterioration of the environment in the exclusive economic zone, the gross environmental damage, the environmental infringement, the depraved environment and the protection of the natural environment. Chapter 48 of the Criminal Code According to Articles 1 to 5. The offences referred to in this paragraph shall be governed by the provisions of the Penal Code on the liability of legal persons.

The penalty for infringement of the environmental protection law in the exclusive economic zone is, according to Articles 224 and 225 of the Environmental Protection Act, a penalty for infringement of the waste law in the exclusive economic zone, in accordance with Article 147 of the Waste Act and the penalty for the economic zone On the protection of nature protection against nature protection (1096/1996) According to paragraph 2. (27/04/2013)

ARTICLE 12 (27/05/2015)
Violation of water law in the exclusive economic zone

The penalty for breach of the law on water law in the exclusive economic zone is punishable by Article 2 of Chapter 16 of the Law on Water Law.

ARTICLE 13
Fishing offence, concealment of illegal catch, infringement of fisheries and infringement of the common fisheries policy in the exclusive economic zone

The punishment for the fishing offence committed in the exclusive economic zone and the concealment of illegal catches Chapter 48a of the Penal Code Articles 2 and 4. When imposing penalties, account shall also be taken of: Article 7 of Chapter 48 of the Criminal Code Provides.

Punishment of the fishing offence committed in the exclusive economic zone Article 108 of the ec Treaty Included.

The penalty for breach of the common fisheries policy in the exclusive economic zone is the subject of a law on the implementation of the common fisheries policy (1139/1994) According to paragraph 1.

ARTICLE 14
Hunting offence, concealment of illegal catch, infringement of hunting and violation of the provisions of the hunting law in the exclusive economic zone

The punishment for a hunting offence committed in the exclusive economic zone Chapter 48a of the Penal Code In accordance with Articles 1 and 1a. Covering illegal catch in the exclusive economic zone Chapter 48a of the Penal Code According to Articles 4 and 4a. (11.3.2011/3)

The punishment for a hunting offence in the exclusive economic zone and the violation of the provisions of the hunting law are punishable by a hunting law Articles 74 and 75 of the ec Treaty Included.

§ 15 (10/06/2015)
Infringement of mining regulations in the exclusive economic zone

Under Article 160 of the Mining Act, the penalty for breach of the mining provisions in the exclusive economic zone is condemned.

ARTICLE 16
Unauthorised activities in the exclusive economic zone

Every intention or carelessness

(1) take action within the meaning of Articles 6 or 7 without the consent of the Council;

(2) acts contrary to the conditions laid down in the decision referred to in Articles 6 or 7; or

3) runs counter to the prohibition referred to in Article 8 (2);

Must be condemned On unauthorised action in the exclusive economic zone Fine.

Chapter 6

Outstanding provisions

§ 17
Law applicable to artificial islands, equipment and other constructions

The artificial islands, equipment and other structures built in accordance with this law shall apply the Finnish law in the same way as if the structure were located in the nearest Finnish territory.

ARTICLE 18 (22.12.2009)
Regional powers of the authorities

As a contact point under the Law on Environmental Impact Assessment (eia), as well as in the Nature Conservation Act, the Environmental Protection Act, the Water Act and the Waste Law, the economic zone operates in the economic zone, transport and Environment Agency. The competent industry, transport and environment centre is the one on whose territory the project is located in the eez. The border between the areas of activity, transport and environmental centres is considered to be continuous from the external border of the territorial waters, without changing to the external border of the eez.

The Regional Administrative Agency of Southern Finland acts as a licensing authority under the Environmental Protection Act and Water Law in the exclusive economic zone.

§ 19
Control and border control authority

The exercise of the activities referred to in Articles 6 to 8 shall be supervised by the border guards. The decision referred to in Articles 6 to 9 shall be immediately communicated by the decision maker to the headquarters of the Border Guard. The Ministry of Trade and Industry shall, without delay, inform the border guard staff of the notification referred to in Article 8, if it does not fall within the scope of Article 6 or 7 of the research project referred to in the notification. The notification shall also be communicated to the notifier.

The border guard shall have the right to immediately order the cessation of activities referred to in Articles 6 to 8, carried out without the consent of the State Council or to the Ministry of Trade and Industry, and the action to be taken Contrary to the decision referred to in Article 9.

§ 20
Periodic penalty payment and threat of commission

A periodic penalty payment or a threat to commission may be imposed in respect of compliance with this law as in the case of the (1113/1990) Provides.

ARTICLE 21 (22/2011/854)
Use of criminal procedural coercive measures

The offences committed within the exclusive economic zone referred to in this Act may be used to use coercive measures in accordance with the law of the (2006) Provides. On the basis of Article 13 (5) of Chapter 13 of Chapter 13 of the Marine Environment Protection Act of Chapter 13 of the Environmental Protection Act of the Marine Environment Protection Act, the conditions for using coercive measures are applied. Provides.

§ 22 (17/05/897)
Appeals appeal

The decision to appeal to the Ministry of Finance and the Ministry of Employment and the Economy shall be subject to appeal in the form of a law on administrative law (18/06/1996) Provides.

In the case of suspension or withdrawal of a decision referred to in Article 6 and the suspension or termination of the marine sciences referred to in Article 9, the decision to suspend or withdraw the decision, as referred to in Article 9, may be challenged by: The Administrative Loan Act. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.

The amendment to the other decision necessary for the implementation of the project referred to in this Act shall be laid down separately.

L to 17/2015 Article 22 will enter into force on 1 January 2016. The previous wording reads:

§ 22
Appeals appeal

A change to the decision taken by the State Council or the Ministry of Trade and Industry under this Act is sought in the form of a law on administrative law (18/06/1996) Provides.

The remainder of the decision to carry out the project referred to in this Act shall be amended as specified.

ARTICLE 23
Competent courts

Criminal proceedings under this law shall be dealt with by sea law (674/1994) in Chapter 21, In the aforementioned district courts. The competent district court is the one whose jurisdiction, which is essentially a criminal offence, can be considered to be carried out by application of the law on criminal proceedings (689/1997) in Chapter 4, Article 1 (1) and (2). For the purposes of this Article, the borders of the jurisdiction of these district courts shall be considered to be continued from the external border of the territorial waters, without altering the external border of the eez.

Chapter 7

Entry into force

§ 24
Entry into force

This Act shall enter into force on 1 February 2005.

This law repeals the continental provisional law of 5 March 1965. (149/1965) And the Law of 15 November 1974 on the Finnish fishing zone (189/1974) With its subsequent modifications. However, the provisions adopted under the latter law remain in force.

Unless otherwise provided under this law, a decision adopted under the Continental Law or a decision adopted pursuant to Article 4 of the Continental Act which is in force upon entry into force of this Act shall be complied with.

Where other legislation refers to the Law on the Finnish fishing zone, it shall be replaced by, where appropriate, the provisions of this Act concerning the eez of Finland.

Before the law enters into force, measures may be taken to implement the law.

THEY 53/2004 , UaVM 11/2004, EV 126/2004

Entry into force and application of amending acts:

22.12.2009/13:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

29.12.2009/16:

This Act shall enter into force on 1 January 2010.

Before the law enters into force, measures may be taken to implement the law.

THEY 248/2009 , LiVM 33/2009, EV 249/2009

11.3.2011/236:

This Act shall enter into force on 1 April 2011.

THEY 221/2010 , LaVM 33/2010, EV 302/2010

25.3.2011/2751

This Act shall enter into force on 1 April 2011.

THEY 323/2010 , YmVM 19/2010, EV 297/2010

27.5.2011/591:

This Act shall enter into force on 1 January 2012.

THEY 277/2009 , YmVM 22/2010, EV 355/2010

10.6.2011/629:

This Act shall enter into force on 1 July 2011.

THEY 273/2009 , TAVM 49/2010, YmVL 7/2010, SuVM 2/2010, EV 349/2010

17.06.2011/656:

This Act shall enter into force on 1 May 2012.

THEY 199/2010 , YmVM 23/2010, PeVL 58/2010, HVL 35/2010, TaVL 30/2010, EV 360/2010

22/2011/854:

This Act shall enter into force on 1 January 2014.

THEY 222/2010 , LaVM 44/2010 EV 374/2010

27 JUNE 2014/544

This Act shall enter into force on 1 September 2014.

THEY 214/2013 , YmVM 3/2014, EV 67/2014

22.08.2014/687:

This Act shall enter into force on 1 September 2014.

THEY 75/2014 , TaVM 11/2014, EV 77/2014, Regulation (EU) No 347/2013 of the European Parliament and of the Council (32013R0347); OJ L 115, 25.4.2013, p. 39

7.8.2015/897:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 230/2014 , LaVM 26/2014, EV 319/2014