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1 PROPOSAL of law No. 58/X Portugal explanatory statement is part of the United Nations Convention on the law of the sea, signed on 10 December 1982, and to the agreement relating to the implementation of part XI of the Convention, both approved for ratification by resolution of the Assembly of the Republic n° 60-B/97, of 3 April 1997 , and both ratified by the Decree of the President of the Republic n° 67-A/97, of 14 October. About Portugal has, as a State party, the obligation to adapt its internal legislation to the Convention regime. The design of the law of the sea is based on a fundamental basis: the sea areas. In these, the international law it is, on the one hand, the limits of these zones and, on the other hand, the rights and obligations of States in these areas. The empowering of the limits of maritime zones in relation to the current regime in those areas also occurs in the plane of the Portuguese Constitution, which incorporates the subject of maritime zones limits on absolute reserve of legislative competence of the Assembly of the Republic. One of the fundamental aspects of conformation of the internal legal system of Portugal the Convention deals with the determination of the outer limits of maritime zones, whose very lack of update legislation, with a view to the creation of a single framework and consolidated on limits of maritime zones and to clarify the framework of sovereign powers and jurisdictional space by the Portuguese State in the sea. In addition, we must also prepare the groundwork for compliance in the short term, within the framework of the Convention, the obligation to publicise internationally the limits of maritime zones of Portugal. In this context, aiming at the above mentioned objectives, the scheme on limits of maritime zones now approved, provides for, among other things, and in addition to the consolidation in a single diploma of the limits of maritime zones, several amendments to the existing 2 so far, such as: the consecration of a contiguous area on the customs, fiscal, immigration or sanitary, underwater cultural heritage , whose outer limits will be of 24 nautical miles from the baselines; changing the outer limit of the continental shelf for the 200 nautical miles from the baselines, with the forecast expressed the possibility of extension of this maritime area beyond this limit of 200 nautical miles in accordance with conventional, until the outer edge of the continental margin, through a process that formally will begin with the presentation of a proposal to the Commission on limits of the continental shelf until May 13 2009, the regulation of aspects pertaining to the lists of geographical coordinates to prepare in order to observe the obligation of international publicity of the limits of maritime zones of Portugal; and the clarification of the understanding of some technical terms used in the Convention and legislation referred to the law of the sea, for the purpose of greater accuracy in the interpretation of the relevant provisions. On the other hand, the diversity of legislative acts conferring powers to the various offices of the State lacks a proper common scheme that allows a uniformity of procedures both internally and internationally. There is, therefore, need to approve a legal regime in which these powers come from a regulated integrated mode for all offices of the State exercising jurisdiction at sea, in particular the exercise of supervisory activities, the rights of access and related procedures, the boarding, the procedures to be taken in case of necessity of suspending the right of innocent passage and established the duty of cooperation between the organs of the State. Were heard the Government organs of the autonomous regions.
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 3 CHAPTER I General provisions article 1 subject-matter and scope 1-this law governs: a) the limits of maritime areas under the sovereignty or national jurisdiction; b) the exercise of powers of the Portuguese State in maritime areas under the sovereignty or national jurisdiction and on the high seas. 2-the provisions of this law shall be without prejudice to the powers exercised by the Portuguese State in the maritime zones of third States or in sea areas, as defined in international law.
Article 2 sea areas under the sovereignty or national jurisdiction Are maritime areas under the sovereignty or national jurisdiction the internal waters, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf.
Article 3 Interpretation the provisions of this law are interpreted in accordance with the principles and norms of international law, in particular those laid down in the United Nations Convention on the law of the sea of 10 December 1982.
Article 4 technical terms for the determination of the maritime zones in accordance with this law, the following definitions shall apply: 4 a) «Coast», any island formations of low dimension, namely shallows, and permanent port facilities; b) ' straight line ' means a line corresponds to a loxodrome line; c) ' Line equidistant between two States ', the line consists of points equidistant from the nearest points of the baselines normal of each Member State; d) «Zero» hydrographic, the reference level of the low-water line of the official Portuguese nautical charts; e) ' nautical mile ' means the distance corresponding to 1852 meters.
CHAPTER II the limits of maritime zones article 5 1-baselines the baseline standard is the low-water line along the coast, represented in the official nautical charts of larger scale. 2-The straight baselines and closing lines adopted by the Portuguese State are defined in legislation itself.
Article 6 outer edge of the territorial sea outer limit of the territorial sea is the line whose points are 12 nautical miles from the nearest point of the baselines.
Article 7 Limit of contiguous zone outside the outer limit of contiguous zone is the line whose points are 24 nautical miles from the nearest point of the baselines.
5 article 8 Outer Limit of the exclusive economic zone the outer limit of the exclusive economic zone is the line whose points are 200 nautical miles from the nearest point of the baselines.
Article 9 outer limits of the continental shelf outer limit of the continental shelf is the line whose points define the outer edge of the continental margin, or line whose points are 200 nautical miles from the nearest point of the baselines, in cases where the outer edge of the continental margin does not reach this distance.
Article 10 demarcation of maritime borders unless otherwise is established by International Convention, or another practice is adopted on a provisional basis, the Portuguese State's maritime border with the States with adjacent or located face to face is the equidistant line.
CHAPTER III Subareas and geographical coordinates article 11 Subareas of the exclusive economic zone 1-the exclusive economic zone is divided into the following subareas: Subarea 1 – Sub-area) 's the continent; b) Sub-area 2-NAFO sub-area of wood;
6 c) Sub-area 3-Sub-area of the Azores. 2-The subareas listed in the preceding paragraph may be subdivided for specific purposes, through regulatory act to be approved by the competent authorities on the basis of matter.
Article 12 geographical coordinates 1-within the framework of the international obligations of the Portuguese State, the relevant lists of geographical coordinates for the outer limits of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf are approved by legislative act itself. 2-Are also adopted by legislative act own lists of geographical coordinates relating to lines referred to in article 10 3-the lists of geographical coordinates referred to in this article shall be deposited with the Secretary-General of the United Nations.
CHAPTER IV State Powers article 13 scope of the powers exercised by the Portuguese State at sea comprise, without prejudice to the established in special legislation, those who are consecrated: the standards) and principles of international law that are binding on the Portuguese State; b) in the provisions of this law.
7 article 14 relevant Entities the exercise of authority of the Portuguese State in the sea areas under your sovereignty or jurisdiction and on the high seas, as set out in the following articles and in their own legislation, it shall be the responsibility of the entities, services and agencies exercising the power of the maritime authority in the framework of the Maritime Authority system, the Navy and the air force , within their respective competences.
Article 15 duty to cooperate entities, authorities and bodies referred to in the previous article, which do not have appropriate facilities for the exercise of their respective competences, should establish protocols with the Navy, with the air force, with the National Maritime Authority, with the Fiscal Brigade of the National Republican Guard, or with other public bodies with air or naval assets, which are adjusted to the pursuit of their missions.
Article 16 supervision activities and exercise of rights of access 1-within the framework of the supervisory activities, may be exercised, in accordance with international law and national legislation, the rights of access on all ships, vessels or other floating devices, national or foreign, with the exception of those who enjoy immunity: a) The territorial sea, when there are grounds to presume that the passage of this ship is detrimental to peace , the good order or to national security; b) contiguous zone In when necessary to avoid infringements of the laws and regulations relating to customs, fiscal, immigration or sanitary, underwater cultural heritage, or to repress infringements of the laws and regulations 8 in national territory; (c)) in the exclusive economic zone, in the frame: i) sovereignty rights related to exploring and exploiting, conserving and managing the natural resources, living or non-living, and exploring and exploiting the area for economic purposes; II) the exercise of jurisdiction with regard to, inter alia, the protection and preservation of the marine environment, marine scientific research and artificial islands, installations and structures. 2-the right to visit covers situations in which a ship, vessel or other floating device in preparations for any of the activities referred to in the preceding paragraph, and where there are grounds to assume that a vessel, a vessel or a floating device violated the national law or applicable international law in that area. 3-If, in the course of inspection activity, the vessel or the vessel does not comply with the order to stop can be undertaken, in accordance with international law.
Article 17 vessels enjoy immunity in the territorial sea in the territorial sea, in the case of a ship which enjoy immunity, and if there are grounds to assume that the passage of this ship is detrimental to peace, good order or the national security, may be required the immediate output of the territorial sea, being this diplomatic authorities release their flag State.
Article 18 right of visit at sea the access rights on the high seas can be exercised when:) there are grounds to assume that a vessel flying the national flag in violation of the domestic law or international law; b) for foreign navies, the Portuguese State has jurisdiction in accordance with international law 9.
Article 19 Procedure of each boarding 1-Case where the illicit practice during a visit aboard, is lifted auto news concerning infringements found, apply the appropriate precautionary measures, including the seizure of goods and documents which constitute the means of proof, the detention of the crew and the ship's seizure offenders. 2-visit the Board is mentioned in the diary of navigation, or registration of Board equivalent, and it must be carried out a report stating, inter alia, the identification and position of the ship, the fundamentals and results from the exercise of rights of access, and any protective measures that have been applied. 3-the report on the visit to Board is sent to the competent national authorities and, in the case of a foreign vessel, the diplomatic authorities of the flag State.
Article 20 Boarding of the ship 1-in the case of the offender be boarded ship, is ordered traffic to Portuguese port where is the order of the competent authority. 2-The occurrence is lifted auto news concerning infringements found, which is posted next to the competent authority.
Chapter V transitional and final provisions article 21 Standard set shall be repealed: a) the law No. 2080, of 21 March 1956;
10 b) Law No. 2130, of 22 August 1966; c) Law No. 33/77, of 28 may; d) Decree-Law No. 119/78, of 1 July.
Article 22 transitional provision until the entry into force of the legislation referred to in paragraph 1 of article 12, remain in force articles 3, 4, 5 and 6 of Decree-Law No. 119/78, of July 1, as well as the related annexes.
Seen and approved by the Council of Ministers of 2 February 2006.
The Prime Minister, the Minister of Parliamentary Affairs Minister Presidency
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